07-27-59 JULY 27TH, 1959o
A Regular Meeting of the City Council was hel~d in the Counc.il
C..h~mbers at 7:30 P.M., with Mayo.~ George Talbot Jr., 'in the
C.xty Manager W. E. Lawson Jr., Cxty At~orn.ey Harry T. Newett and Com-
mssioners J. LeRoy Croft, Charles H. Harblson and Fred B. McNeece
and George V. V~arren being present.
An opening prayer was delivered by Rev. Dr. Henry Turlington.
The Council, by general consent, approved the Minutes for Council
Meeting of July 13th, 1959.
. Ctt.y Man.ager Lawson informet t.he Co.uncil of having had a thoro_ugh
dxscussxon w~t.h Mr. Doyan, concer.n~ng h~s proposal and desire to ef-
fect construction of a ~usoleum xn the Delray Beach Cemetery if fur-
nished an option to purchase.necessary space w~thin the Cemetery and
a local survey by Mr. Doyan Indicated a sufficient demand for the
cripts therein.
City Attorney Newett advised the Council that "Rules and Regula-
tions", governin, g the Operation of_.the Delray Beach Cemetery,. were a-
dopted by the C~.ty Council of the Cxty of Delray Beach, Florid.a, at
the regular .m.eetxng of. the. Council h.elt on May 25th, 1955. Sa~.d Cem-
etery, the txtle to Which xs vested in and shall ?emain vested ~n the
City of Delray Beach, a mu~.icipal co~oratio~ of Florida, and compri-'
ses all lands within the E~ of Lot 27, Subdivision of Section 20, Twp,
46 South, Rge. 45 East, is, therefore, a Municipal activ.ity and, in
accordance with provisions of the Charter, at such. time ~n the future
a.s the City may iesire to cease ibis municipal activin, y, the lands
znvolved therein would have to be disposed of at public sale.
Accordingly, in view of the City Att.orney's opinion: no actio.n
was t.aken on M~r..Doyan's. r.equest, .it having been determzned the C~ty
Council was not in a position to provide lands within the Cemetery
for a Mausoleum as proposed by Mm. Doyan.
The City Manager read the following letter, dated July 22nd, re-
ceived from the City Attorney: He: House
"~he City Council at the regular meeting on July lSth, 1959, in-
structed me to investigate the ordinance pertaining to the above sub-
ject matter.
.I find none requiring, that a hearing .be held before the City
Counczl on any app.lzcatzon, and therefore zt .woul.~ be proper that.the
matter be handled zn the usual manner by applzcatzon to the Buildzng
Inspector who can issue a permi~ if the house to be moved in complies
with all ordinances.- ·
It would appear, by way of information, that the procedure now
being followed, viz: notices.given to nearby residents and heari.ng
before the Council, was instxtuted by motion of a previous Council.
That is, it is not by reason of any ordinance. .
If the Council should desire to enact any legislation in ~ne-
field, they should advise of their wishes. However, at this time,
the sole controls are found in the Building Code and Zoning Code.
/S/ HARRY T. NE~-~ETT City Att'y,
The above .letter was submitted with reference to the request of
Mr. Charles H. $chmidt to move a house, from outside the City limits,
to Lot 22, Block 8, DELL PARK, and in view of information contained
therein, Commissioner McNeece-moved that Mr. Schmidt be granted the
rivilege of moving the house, referred to in his request, to Lot 22,
lock 8, Dell Park, subject to the approval of the Building Inspector
and being in c?.pliance with.all requirements of the Building Code,
and further sub,eot to deposzt .of .bond, in an amount e2ual to ~he
cost of improvements to said buzldzng, as agreed upon between Mr.
Schmidt aha the Building Inspector.
JULY 27~a, 19~9.
Motion was seconded by Commissioner Croft. General discussion
followed during whiehMr. Arthur L. Bahr, presented a list of object-
ors to such permission being granted, said objectors bein~ residents
in the ime~ia~e area of Lo~.22, Block 8, Dell Park. - ·
The Building Inspector znformed the Council that the house, pro-
posed to be moved onto Lot 22, meets all the requirements of the
Building Code, as well as the.'Zo~in$ Code, or will do so within 60
d~s, as provided by the Code, in vzew of which info.r~.tion, the Coun-
czz, upon Call of the Roll, unanimously approved granting the re-
quest of Mr. Schmidt.
Commissioner Harbison had requested consideratign be.~iven for
discussion of "Rules of Order and Procedure", for which, ~ appears
there is no definite established policy.
Mayor Talbot appointed the Commissioner as a Committee of one
to study this matter-and submit his suggested "Policy".for establish-
ment of "Rules of Order and Procedure" affecting the C~ty Council of
Delray Beach.
Commissioner McNeece then moved that Regular-Meetings of'the
City ~ouncil of.the City of Delray Beach,.Florida, be.held on each of
the f~rst~Four (4) Mondays of the Month, xn the Council Chambers at
1:00 P. M. o'clock. Motion was seconded by Commissioner Croft.
There followed, a discussion of this propcsed change, during
which, CommissionerV~arren cited a possible.hardship to business men
'in making arrangements to attend such 'Meet~ngs~ in'the afternoon.
Commissioner Harbison expressed a preference for Evening Meet-
ings, and felt that working people would be more likely able to at-
tend evening meetings, however, would willingly go along with the
jority. ~ . .
Mayo~ Talbot expressed a belmef that an ~ncreased number of reg-
ular meetings would take a gre~t deal of pressure eff the City Mana-
ger, now .imposed upon him by v~rtue of the many special.meetings.
· . Commissioner NcNeece mentioned that afternoon meetxngs would e-
l~mAnate a great deal of over-time now demanded of many employees and
heads of departments.
City Manager Lawson informed the Council o~ the willingness of
all departments and employees to serve at any t~me or times as de-
sired by the Council.
Roll Call then ~esulte~ in the unanimous approval of the Council
that "Regular" Council Meetings be held at 1:00 P. M., On each of the
first four Mondays of each month.
Mayor Talbot then called for a "SPECIAL MEETING" at 1:00 P. M.,
Monday, A~ugust.Srd, in the. Council Chambers.
The Council then unanimously agreed, on motion of C~mm~ssioner
McNeece and seconded by Commissioner Croft, that the City Attorney-be
requested, to prepare a 'ResOlution', in compliance with Section 26,
Article 4, of the Charter, providing for Regular Meetings. of the City -
Council of Delray Beach, Florida, to be held on the first, second,
third and fourth Mondays of each month, at one o'clock in the after-
noon, effective immediately.
City Manager Lawson then cited the dire need for three addition-
al firemen, as discussed at the previous meeting,.and supported by
Fire Chief Jo.hn Gregory. The Manager.further adwsed that a better
insurance rating would apply to the c~ty, as a result of added fire-
men, in approximately two months following date of employment, accord-
ing to the West Palm Beach office of the Florida Inspection and Rat-
ing Bureau, and that reductions in fire insurance premiums, as a re-
sult thereof, would be reflected at the anniversary date of the indi-
vidual policies, following receipt of such new classification.
The Manager also cited the fact that 'Savings' in ~nsurance, how-
ever, should not be emphasized to the point of overlooking advantages
and it residents by ha~ving additional firemen on duty,
to the City ~ s
both for norma~ operation and emergency situations.
Commissioner Harbison moved that, in view of the facts presented
by the C~ty Manager and the apparent .estimated savings to the citizens
of the C~ty as well as the added service of the fire department to the
citizens, the three additional firemen for the City of Delray Beach be
employed. Notion was seconded by Commissioner McNeece and unanimous-
ly approved, wi.th necessary funds, for the remainder of this fiscal
year to be provided from the Contingency fund.
City Manager Lawson then presented plans for construction of
three buildings on Atlantic Avenue and Ocean Blvd., as follows:
1. An addition to the "Huddle Building" on the Southwest corner of
Atlantic Ave and Gleason Street.
On motion of Co _m~issioner McNeece and seconded by Commissioner
Harbison, the Council unanimously approved the plans for addition to
the Huddle building as presented, an.d instructed the City Attorney to
prepare an Ordinance to correct the ~nadvertent omission of Ordinance
G-1AA in the Codification of Ordinances, said Ordinance G-1AA having
rovided and established a AS foot set-back from the center line of
tlantic Avenue between U. S. Highway No. I and AIA in the business
district.
2. Construction of a NEW Store and Office building by A. George &
Sons, on Lots 1 and 2, Block 101, being on the Southeast corner
of Atlantic and S. E. Ath Avenues:
The Council, on motion of Commissioner McNeece and seconded by Commis-
sioner ~Varren, mnanimously approved the plans for said building, as ..
presented.
S. Construction of a N~ Apartment building on Lots l, 2 and ?, in
Block 2, S.eagate, located on the Southwest corner of Ocean Blvd
and Casuarlna Road:
Commissioner Harbison moved for approval of the ~lan.s for such con-
structio.n as presented. Motion was seconded by uomm~ssioner Croft
and unanimously passed.
The City Manager presented the following letter, received from
Dr. L. C. Gyllenborg:
July Sth, 1989.
"I have a suggestion to make to the City Commission. It is this:
Why not rename Second Avenue N. E., from Sth Street to the City
limits North to Seacrest Blvd. This would be a logical place to
start to rename ~ec~us~ 6f ~he jog at 8th Street. This would not al-
ter the business establishments who may still want to keep the Second
Ave. address.
I have noticed that Boynton Beach renamed Green Str., Seacrest
B'lvd., and it goes all the way to Hypoluxo. . .
The Delray Beach News , a few weeks ago ran an editorial on the
three moSt"Wimp~t~n't 'S~r~ets in Delray Beach. I think Second Avenue.
tops them all. Culturally at least. ~Ve have three.n.ew schools, sev
oral churches, a nice new hospital, many new subdiv~s~.ons, new homes
1.eading to Seacrest Blvd and to downtown Delray Beach plus a shop
p~ng center at the City limits.
The reason I am making this suggestion is that when I am in my
front yar.d working, many cars stop and ask: How can we get to S.eacrest
Blvd? Th~.s last season there were quite a .number of these inquiries.
This is merely a suggestion. I have lxved in Delray Beach winters
since 1940. I have lived here permanently fo.r 12. years. I am retired
so have no connection with any business, subdivision or Real EState
broker. I love Delray and have induced over 200 people from the Mid-
west and East to come here winters. Many have bought property and are
very happy with their purchase."
/S/ L. C. GYLLENBORG D.D.S.
The Council, on motion of Commissioner Warren and seconded by
omm~ssloner Harblson, unanuaously agreed on referral to t.h.e Planning
Board of Dr. Gyllenborg's letter, for study and recommendation.
City Manager Lawson then read - - - RESOLUTION NO. 1188:
A RESOLUTION OF THE CITY COUNCIL OF DELRAY BEACH,
FLORIDA, REQUIRING OV~ERS OF CERTAIN DESCRIBED
LANDS TO ABATE NUISANCE THEREON OR BE ASSESSED
COST THEREOF FOR ABATEMENT BY THE CITY.
(Copy of. Resolution No. 1188 is attached to the official copy ~f.
these Minutes and forms a part hereof). (see pages 162-A & ~62!i'B)
Commissioner Croft moved that Resolution No. 1188 be PASSED and
ADOPTED on this first and final reading. Motion was seconded by Com-
missioner Harbison and unanimously agreed.
The City Manager then read - - - ORDINANCE NO. G-320:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY ALL THAT PART OF THE SOUTH
600 FEET OF THE NORTH 1995 FEET OF SECTION 21,
TO~SHIP 46 SOUTH, RANGE 48 EAST, ~{ICH PART IS
BOUNDED ON THE ~;EST BY THE EASTERLY BOUNDARY LINE
OF THE RIGHT-OF-WAY OF STATE ROAD NO. 140, AND ON
THE EAST BY THE WATERS OF THE ATLANTIC OCEAN; TO-
GETHER WITH ALL LITTORAL RIGHTS ON THE ATLANTIC
OCEAN THEREUNTO BELONGING OR IN ANIS~ISE APPERTAIN-
lNG, LESS THE NORTH 100 FEET AND LESS THE SOUTH
350 FEET THEREOF.
(Copy of. Ordinance No. G-$20 is attached to the official copy of
these Minutes and forms a part hereof).(See pages 162-C & 162-D)
On motion of Commissioner Harbison and seconde~ by Commissioner
McNeece, the Council unan.imously approve.d PASSING. ar.~ ADOPTION of
Ordinance No. G-$20 on th~s second and f~nal reading.
City N~nager Lawson then read - - - ORDINANCE Nd. G-S21:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, DECLARING THE INTENTION
OF THE CITY OF DELRAY BEACH TO ANNEX CERTAIN
LANDS IN SECTION 21, TOV~NSHIP 46 SOUTH, RANG~
4~ EAST, TO THE CITY OF DELRAY BEACH, FLORIDA.
(Copy of. Ordinance No. G-$21 is attach.ed' to the official copy of
these Minu~tes and forms .a. part. her.eof),
(See Pages 162 E & 162-F)
Commissioner Warren inquired if the owners of the various pro-
potties, contained in Ordinmuce No. G-$Zl, had be. eh notified of this
~)rdinance and its scheduled second reading at this meeting, and was
advised.that while no copy of said ordinance had been furnished the
respective owners of lands shown therein, there have been verbal dis-'
cussions, as well as correspondence, with them, concerning munexation.
Comm~aioner Croft then moved that Ordinance No. G-S21 be PASSED
and ADOPTED on this second and final reading. Motion was seconded by
Commissioner McNeece and upon Call of Roll - Co~missioners Croft,
Narbison and McNeece, together w. ith Mayor Talbot, voted in favor
thereof, Commissioner Warren being opposed.
The C. ity .Manager was requested, bl~ the Council, to provide com-
plete des~gnatxon of ownership, as we as detail, of specific pro-
ne~ties, on future 'Agendas', con. corning first and second readings of
~)rdinances providing ~or annexatzon of lands.
4
City Manager Lawson then read - - - ORDINANCE NO. G-322:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH
TO ANNEX CERTAIN LANDS IN SECTION 4, TOV~NSHIP
RANGE 43 EAST, TO THE CITY OF DEIRAY BEACH, FLORIDA.
(Copy of. Ordinance No. G-322 is attached to the official copy of
these Minutes and forms a part hereof). (See pages 162-G & 162-H)
On motion o.f Commissioner V~arren and seconded by Commissioner
Croft, the Council unanimously approved PASSING and ADOPTION of Ord-
inance No. G-322, providing for annexation of the Betsy Bond and Pik-
Quik, Inc., Properties, on this second and final reading.
The City Manager then read - - - ORDINANCE NO. G-$25:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELP~Y BEACH, FLORIDA, ANNEXING TO THE CITY THE
FOLLO~ING DESCRIBED TRACTS OR PARCELS OF LAND LO-
CATED IN PALM BEACH COUNTY, FLORIDA, AND LYING
CONTIGUOUS TO THE EXISTING MUNICIPAL LIMITS OF
SAID CITY OF DELRAY BEACH. SAID LANDS BEING LO-
CATED IN SECTION 19 AND SECTION 20, OF TOWNSHIP
46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLA;
AND PROVIDING FOR THE ZONING AND TAXATION OF
SAID LANDS.
(Copy of Ordinance No.G-325 is attached'to the official, copy of.
these Minutes and forms a part hereof). (See pages 162 I & 162 J)
On motion of Commissioner McNeece and seconded by Commissioner
Harbison, the Council. unanimously approved PASSING and ADOPTION of
Ordinance No. G-325, providing for annexation of the Moore-Hertz and
Kabler Properties, on this second and final reading.
City Manager Lawson then read - - - ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL RELATING TO ZONING;
A~ENDING SUBPARAGRAPH 2(c) OF SECTION 29-7.2 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLA.
TO ELI~,~INATE RESTRICTION UPON NUMBER OF EMPLOYEES
FOR RETAIL BAKERY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA:
Section 1. That Subparagraph 2(c) of Section.29-7-2 of
the Code of Ordinances of the City of Delray Beach, Florida, is here-
by amended by striking the words "not more than five employees" fol-
lowing the word "bakery", so that said subparagraph 2(c) s4all read
as foIlows:
"(c) Bakery."
Commissioner Harbison moved that Ordinance No. G-324, be placed
on .first reading. Motion was seconded by Commissioner Croft and u-
nanimously passed.
The City Manager then read - - - ORDINANCE NO. G-$2§:
AN ORDINANCE OF THE CITY COUNCIL RELA TIN~ TO
ZONING: A~ENDING SECTION 29-7.8 OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLA.
PROVIDNG IN "C-l", "C-2", and "C-3" DISTRICTS
V~ICH ARE BOUNDED ON REAR BY AN ALLEY SHALL
HAVE A REAR SETBACK OF TEN FEET, MEASURED FROM
THE CENTERLINE OF SUCH ALLEY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELKAY BEACH,
FLORIDA:
SECTION 1. That Section 29-7.6 of the Code of Ordinances of
the City .of Delray Beach, Florida, is hereby amend-
ed, by providing the followxng additional provision:
"All Commercial buildings hereafter erected upon properties
"C-" L .....
located in 1 znuted Commercial Dlstrzct, and in "C-2" General
Commercial District, and in "~-$" Wholesale Distribution and Light
Industrial District, which properties are bounded on the rear by an
a.lley, shall be setback a distance of ten (lC) feet from the center-
line of sUch al.ley: and no structure shal.1 b.e erecte, d,.altered or
reconstructed w~th~n such areas located w~th~n ten (lC) feet of the
centerline of such alley."
The Council, on motion of C~issioner Croft and seconded by
Commissioner Harbison, unanimously approved PLACING Ordinance No.
G-$25, on first reading,
The City Manager was requested t~ contact Smith & Gillespie as
soon as possible and' arrange for a representative from the Engineer-
ing firm to visit Delray Beach concerning a possible per diem basis
for engineering services relative to the proposed VCater and Sewer
plans for Tropic Palms Subdivision.
Commissioner Croft suggested that it might be well to consider
similar services in regard to the City's Sewage Disposal program.
The Council, on motion of Commissioter Croft and seconded by
Commissioner Harbison, unanimouslyapproved, payment of BILLS, as
presented by the City Manager, and shown below, subject to the ap-
proval of the Finance Committee:
General Fund $ 25~978;28
Wat.er - Operating ~018.20
Pay RollAccounts 1~667.66
On. motion of Commissioner Croft and seconded by Commissioner
McNeece, the Council unar~mously approved payment of "Annual Dues"
for the 1~$9-1960 fiscal year to the Association of Municipalitie. s of
~P.a!m Beach County, to be based upon a charge o~ $B.O0 per each mal-
lxon dollars of non-exempt real and personal property assessed valu-
ation of the City.
. Mayor Talbot requested that each Commissione~ take a list of
available names submitted for membership on the "]~$creation Advisory
Board, also the Board of Adjustment", provide his '~ghoice' for five
Members on each "Board" as well as five Alternate Members for each
Board, and contact the parties of his choice to determine, if possible,
the individuals willingness to serve on such "Boar~~.
City Manager Lawson presented the Bill of O'Neal & Brady, in the
amount'of $4,5~6.42, for the following services, and ~mounting to
$4,576.42:
Survey Crew - 257~5 hfs @ $12.00 per hr $ 2,850,00
Drafting - 155;283 "@ 5;00 " 776;42
Engineering - 9.5 days 100.00 per day .950.00
$'
On motion of Co~issioner Harbison and seconded by ~mmissioner
~M.cNee.ce the Council una. nimously approv.ed payment of O'Neal & Brady's
b~l.1 ~n .the amount of $4,$76.42, covering charges for Survey and
Engxneer~ng Services.and preparation of Plans relating to t]~e over-
all program of the City and the State Road Department's Drainage and
Street Improvements.
6
JULY 27th, 1959.
City Manager Lawson informed the Council of the abnormal rains
caus'.mg ~nund~ed areas in the. S.W. sectio~ of the Cit~, p?t of which
section ~s be~ng used by the City as a sanitary land fill ~n normal
weather but is.unusable in rainy weather, due to.which conditions, as
a result of rains, as well as the resultant detrzment to good health
conditions due to stagnant waters, cited the definite need for a City
owned portable turbine ~ump, to ~e powered by a take-off from a trac-
tor, through, the operation of which such lands, now inundated by ab-
normal rains, would be useable.
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Ha rbison, unanimously approved authorizing the City
Manager to provide for the purchase of a portable turbine pump, as
recommende~ by the Manager, making necessary funds, for such pur-
chase, available from the Reserve for Contmgency Fund.
0n motion of CommissionerMcNeece and seconded by Commissioner
Croft, the Council unanimously approved~ranting i~suance of License
to "JOE V~ALKER~ JR.", operating as "Joe' Sar & Grill", for Sale of
Beer and Wine (consumption on the premises).
Mr. A. L. Bahr, of 210 N. E. 10th Street, complained of the man-
ner in which parking exists in front of the "Patio of Beauty" on N.E.
8th Street, causing a hazard at ~hat point.
The Council requested the C~tyManager to check this alleged
parking condition and take whatever steps may be necessary to prevent
violation of parking privileges or hazardous conditions.
Mr. Bahr further inquired as to the policy, if any, of City em-
ployees being permitted to reside outside the City limits and was ad-
vised, by the Mayor, to contact the City Manager, in writing, concern-
ing and comment or recommendations relative thereto.
Commissioner Harbison expressed concern over the possibility of
the Council having been functioning' in conflict with the dictates of
the Charter concerning acting upon house.moving and relocation o~
houses, as a result of the rendered open, on, relative thereto, of the
City Attorney.
Commissioner McNeece moved that an ordinance be drawn to prevent
any house being moved into the City ?om outside the city or from
outlying districts or from one location to another location within
the city. Motion Was seconded by Commissioner Croft.'~Following gen~
eral discussion and upon Call of Roll - Commissioner McNeece voted in
favor thereof, Commissioners Croft, Harbison and Warren, together
with Mayor Talbot, being opposed. Motion did not carry.
Commissioner Harbison then moved that this matter be deferred uu-
til a later meeting, preferably the n~xt regular meeting, and that
the City Manaser be requestedto provide for possible Ordinance amend
ment, concerning house moving, in consultation and with the aid of
the Building InSpector and the. Planning Board. Motionwas seconded
by Commissioner ~roft and unanimously agreed.
RESOLUTION N0. 1188.
A RESOLUTION OF THE CITY COUNCIL OF DELRA¥ BEACH,
FLORIDA, REQUIRING OWNERS OF CERTAIN DESORIBED
LANDS TO ABATE NUISANCE THEREON OR BE ASSESSED
COST THEREOF FOR ABATEMENT BY THE CITY.
WHEREAS, the City Council did, in regular session held on
the 13th day of July, 1959, enact Resolution No. 1186 declaring the
existence of a nuisance upon certain lots or parcels of land for vio-
lation of Chapter 15 of the City Code and Ordinance G-147; and
WHEREAS, pursuant to said Resolution, the City Clerk of
the 0ity of Delray Beach, Florida, did furnish owners of the lands
therein declared nuisances with notice that the City Council would
sit on July 27th, 1959, at 7:30 P.M., at the City Hall in Delray
Beach, Florida, for the purpose of allowing said owners to show cause,
if any, why said nuisance described in said resolution should not be
abated; and
WHEREAS, pursuant to said Resolution, the City Council of
the City of Delray Beach, Florida, did on July 27th, 1959, at 7:30
P.M., at the City Hall in Delray Beach, Florida, hold the hearing
provided for in such notice, and did consider such reasons and facts
as were presented by the owners of said lands, and such other material
and pertinent evidence as was adduced before it.
NOW, THEREFORE, BE IT RESOLVED that the existence of a
nuisance for the reasons hereinafter set forth, be and the same is
hereby adjudged upon the following lands in the City of Del~ay Beach,
Florida to-wit:
0%~IE~ ADDRESS~ LgT~ BLOCK 9R S/D. CITY COD~E
C. J. & Helen K. 618 Buhl Building Lot X, Block l~, 4
Walsh Detroit 26, Mich. Seagate A.
F. C. & Esther W. 301 Oregon St. Lot 9 & S 24' of 3 & 4
Muddiman Hollywood, Fla. Lot 8, Block 109.
F. C. & Esther W. 301 Oregon St. Lot 8 & S 5.5' of 4
Muddiman Hollywood, Fla. Lot 7, Ocean Beach
Lots.
Mary Love P. 0. Box 977 Lot 12 & N 28. of 3 & 4
De/ray Beach, Fla. Lot 13, Block 109.
Delray Beach P. 0. Box 2485 Lot 24, 4
Development Co. Delray Beach, Fla. Chevy Chase
Carl C. & Mary A. 269 Brookline St. Lots 6 & 7, 4
Mullen Newton Ctr. 59, Block 2, Lake View
Mass. Heights
Donald B. & Golda 32580 Romsey Road Lot 9, Block 2, 4
Hogue Franklin, Mich. Ida Lake Terrace
G. H. & Florence 423 Hermitage Ct. Lot 26, 4
M. Soule Charlotte, N.C. Block 105.
Martin Bauer P. 0. Box 94 Lot 27, Block 5, 3 & 4
Delray Beach, Fla. Dell Park.
Roy W. & Georgia 620 E. Atlantic Ave. Lots 1, 2 & 3, 4
Cronacher Delray Beach, Fla. less W 5', Blk. 106.
Ocean City P.O. Box 723 Lot 10, 3 a 4
Plumbing Co. Delray Beach, Fla. Hofman Add.
R. C. & Ivy M. 15%7 Lakeshore Rd, Lot 13,
Harwood Long Branch, Block 63.
Toronto 14, Canada
H. A. & Genevieve 722 Wadsworth St. Lots 14 & 1~,
T. Taylor Syracuse, N.Y. Block 63.
Adolheid Schmidt 811 Hamilton Place~ Lot 17,
Roselle Park, N. J. Block 63
W. E. & Lucy 104 N. E~ 4th Ave~ S 100' of N 260' of
Hankins Delray Beach, Fla. W 153.5t of Lot 10,
less W 25' for Street
R/W, Sec. 21-46-43.
A. S. Johnson Est. !2 ~. E. 5th Ave. Lot 1, Block 8,
c/o John H. Adams Delray Beach, Fla. 0sceola Park
Mary Elizabeth P. 0. Box 701 SE~ of Lot 12,
S~uith Delray Beach, Fla. Sec. 20-46-43.
Caroline P.O. Box 1341 Lots 5 & 6,
Van Ballegooien Delray Beach, Fla. Block 40.
Eliza Reynolds General Delivery Lots ? & 8, Block A
Del~ay Beach, Fla. West Side Heights.
Paul & Mary P.O. Box 2177 Lot 13, Block 4,
Speicher Delray Beach, Fla. Totterdale Add.
NATURE OF NUISANCE SPECIFIED: "3" means there are trees,
debris, or vegetation, which, by reason of height, proximity to
neighboring structures or physical conditions are hurricane hazards.
"4" means there are weeds exceeding 10 inches in height, and which
either exhale obnoxious odors or constitute a likely source of dis-
ease or physical distress to human beings.
AND, BE IT FURTHER RESOLVED that the City Clerk of the City
of Delray Beach, Florida, furnish owners of the lands hereinabove
listed and described with a copy of this resolution at their last
available address within ten (10) days from the date this Resolution
is adopted.
AND, BE IT FURTHER RESOLVED that said o~,ners be and they
are hereby notified that they are required to abate the nuisance
hereinabove adjudged and specified within thirty (30) days from the
receipt of a copy of this Resolution; otherwise, in default thereof,
the City of Delray Beach, Florida, will enter upon said lands and
abate the said nuisance hereinabove specified and will levy the cost
of such work as an assessment against the property hereinabove de-
scribed.
PASSED AND ADOPTED in ~ogul~ S~s~on t~his 27th
July, A.D., 1959.
MAYOR
ATTEST:
City Clerk
ORDINANCE NC. G-820.
AN ORDINANCE OF THE CITY OF DELR~Y
ANNEXING TO THE CITY ALL T~T ~A?.T O~ THE SOUTH
6~ FE~ OF THE NORTH 1995 FE~? ('~ SECTION 21,
~o~, WP[iCH PA~T IS
BOUNDED ON THE %~ST BY 'PHE ~STEFS.Y Bt UNI)~tkY LINE
OF '['fie RIGHT-OF-WAY OF STATE RO~D NO. 140, AND ON
THE ~ST BY T}iE WAT~ OF THE ATOMIC OCEAN; TO-
(;~2~hER WITH AI,I. LITTOP_&L RIGHTS 0~ THE AThleTIC
OCeaN TSEP~EIE~TO BELONGIND OR Ik; Ai~VISE APPERTAIN-
IN=, ~SS THE NORTH 1~ FEET M~D ~SS THE SOUTH
850 FEET THEREOF.
WkEkKAS, the City Council of the City of Delray Beach, Florida~
has determined that the hereinafter described land is contiguous toi
the existing municipal boundary lines of the City of Delray Beach,
Palm Beach County, Florida;
,~H~?~EAS, LIL~IAN f~UR~ER is the sole fee simple t~t~e hc].der of
the property hereinafter described, an~ she has heretofore, joined
by her husband, D~ONT BUI~KER, petitioned the City to amnex ~aid
lands and consented and ~iven pe~ission for the a~.exation of said
property by the City of ~elray Beach; and
'~~S, the City of ~lray Beach, Florida, has heretofore
been authgrized to a~ex lands in accordance with Chapter 27510,
Special ~ws of Florida, Acts of 1951:
NOW, T.1EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI~
O~~ ~Y BEACH, FLORIDA, AS FOLLOW:
SECTIO~ 1. That the City Council of the City of Delray Beach,~ ~'~
Palm Beach Co~ty, Florida, does hereby a~ex to said City the fo].~
!owin~ described tract or parcel of land located in Pa~ Beach
C. ounty, Florida, which lies contiguous to the existing boo, aries
of said City, to-wit:
f tract of land in Oover~ent Lot 1, Section 21,
To~sh].p 46 South, Range 48 East, more particu-
lariy described as follows:
All that oart of the South 800 feet of the North
1995 feet of Section 21, Township 46 South, Pmnze
42 East, which part is bo~.ded on the w~st by
easterly bo~dary line of the ri.~ht-of-way of
......... ~ and on the east by the water~
S*~ [~.oad k~. 140,
of the Atlantic Ocean; to,ether with ali
ri'thts on the At]antic Ocean thereunto
or f.n anTvise ar.:'ertaining, LESS the North ~'
L~oo the oouth .:.50 feet [hereof.
f,:,et and ~' "' ~
:,zc'[r~$~ 2 That tae bomndar~es of the ~*-, of Oeir'~'
.....:-~ . ~-.~r,.,by ~.e.e~in.fl,~ '"' e sc ~s to in~luae, therein the aoove ,]e~'p]~e
'~m,~ of l'~n.,~.,~. ., and ss.~d land .~s herehv, dec]are~,, to be ~.., ".!~ ,~:2r-
~9~!Y[ION 3. That said ]ands hereinabove described sha!] [.m-
.~,~].ately become subject %o ail of the franchises, ~riv]]e~e~,
{mur~ities, debts, o~ga~icn~,,]i~bilities (except t~e b~.mded %n-
?~' '~'~:'~.~ ~xisting t},is da~e), ordinances and ]a~s to
in tie City of Delray Beach are n~ or ~y be, an~ ~he o=rson:~ re-~
sidin~ thereon shal], be Seemed citizens of the City of De]ray
Beach.
SECTION 4. ~is ordinance s~ll take effect ~ediately upon
bec~ a law.
PASSED AND ADOFED in regular session on this second and final
reading this twenty seventh day of July, A. D. 1959o
ATTEST:
:.iFirst Reading
{ ~econd Reading
'
1
O.~DINANCE NO. G-321
AN ORDINANCE DECLARING THE INTENTION
0F THE CITY OF DELRAY BEACH TO ANNEX
CERTAIN LANDS IN SECTION 21, TO~FNSHIP
~6 SOUTH, RANGE [~3 EAST, TO THE CITY
OF DELRAY BEACH, FLORIDA.
WHEREAS, it is'deemed for the best interest, safety,
health, and general welfare of the citizens of the City of
Delray Beach, Florida, that certain lands be annexed to the
City of Delray Beach; and
WHEREAS, said tract of land is contiguous to the
present boundary of territorial limits of the city and that,
when annexed, it will constltute a reasonably compact addition
to the incorporated territory with which it is combined; and
~EREAS, there are less than ten freeholders con-
tained in the area which is to be annexed; now, therefore,
BE IT ORDAINED BY THE MAYOR AND CITY COLrNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA:
(1) That in accordance with Section 185, as amended,
of the Charter of the City of Delray Beach, upon the expiration
of 15 days from the final passage-of this ordinanoe, the City of
Delray Beaoh shall bF ordinance annex the following' described
lands, making them a part of the corpbrate limits of the City
of Delrzy Beach, Florida, vi-.:
That part of the South 200 feet of the North 1995 feet
lying between State Road A1A (~ean Boulevax. d) and the
waters of the Atlantio Ocean and beim~ in Section 21,
Township ~S~South, Range /$3 East; and
That part of the South 175 feet of the North 2170 feet
lying between State Road A1A (Ocean Boulevard) and the
waters of the Atlantic Ocean and being in Section 21,
Township [~6 South, Range [~3 East; and
That part of the South 100 feet of the North 2270 feet
lying between State Road A1A (0oean Boulevard) and the
waters of the Atlantic Ocean and being in Section 21,
Township 4~6 South, Range 43 East; and
That part of the South 300 feet of the North 2570 feet
lying between State Road A1A (Ocean Boulevard) and the
waters of the Atlantic Ocean and being in Section 21,
Township [~6 South, Range [~3 East; and
That part of the South 300 feet of the North 2870 feet
lying between State Road A1A (Ocean Boulevard) and the
waters of the Atlantic Ocean and being in Section 21,
Township [~6 South, Range ~3 East; and
That part of the South ~_00 feet of the North 3070 feet.
lying between State Road AIA (Ocean Boulevard) and the
waters of the Atlantic Ocean and being in Section 2].,
Township ~6 South, Range ~3 East; and
That part of the South 100 Feet of ~he North 3170 .feet
lying between State Road Al& (Ocean 5ou!evard) and the
waters of the Atlantic Ocean and being in Section ,01,
Town.~b!p 46 South, Range ~3 East.
once a week for two consecutive w~eks, im t.~e e~ray Beach ~ews-
Jou~l.
(3) ~ified objectors may object to s=ch 3~xation
within the time ~d in the m~er provided by s al~ Section 185, as
~e~ed, of the ~t~ of the City of Delray Beach, Ylor[da.
(4) Bhoul~ ~y sec~ion, clause or provision of ~his
Ordin~ce be decl~ed by a Uourt of Competent Jurisdiction
be invalid, the s~e shall not affect the validity of the
Ordin~ce as a ~ole or ~uy part thereof, other 5han thst p~t
so declared to be l~,valld,
(~ ~Is O~ln~ee ~1 ~e in full force ~d effect
~iatel~ u~n it~ fI~ pam~age ~d publteatt~ ~ a new~-
p~e~ published in De~ay ~a~, ~o~
O~IN~ ~~ in ~~
fin~ ~adt~ on t~ ~ ~ daf of
~econd Read~g ..... , ~
ORDINANCE NO. G-322
AN ORDINANCE ~ EC~AdINO 'I~E i.
OF THE CITY OF DELRAY BEAo}~ TO
CERTAIN LeNDS iN SEC.~,~N 4, PLWNSHIF
46 SDUTH, RANSE 43 ~ST, TO T~ <,~TY
OF D~RAY BEACH, ~ORIDA.
~,~]RE~.~,'~' '~" i% is deemed for the best interest, s~fety,
health, end general welfare of the citimena of the City of Delr~y
Beach, Florida, that certain lands be ~exed to the City of Delray
Beach; ~d
~~S, said t~act of land ii conti~oua to the
present bo~dary of territorial limits of the city ~d that,
~en ~exed, it will constitute a ~eaIonably co, act addition
to the incorporated territory with which it Is combined; and
~~8, the~e are less th~ ten freeholders con-
tained in the area ~Ich is to be ~exed; now, therefore,
BE IT O~AI~ BY ~ ~YO~ A~ CITY COUNCIL OF
CITY OF D~AY B~, ~OR~
(1) That in accord~cl ~th ~ctlon 185,
of ~he ~arter of the City of Nlray Beach, upon the e~l~ation
of 15 days f~om the final passage of thii o~dl~ncI, the City
Nlray Beach shall by ordinance ~ex t~ follo~ deac~lb~
l~da, making them a part of the dolomite l~ita of the City of
Delray Beach, Florida, vii:
Co~ence at the Southwest Co~i~ of Section 4, To,ship
~6 Bouth, R~e ~3 East, Pa~ Beach Co~y, Florida;
Thence ~sterly alo~ the ~outh line of said Section
N a diat~ce off 631.11 feet to a point of intersection
with the Weate~l~ Righ~of-wa~ line of Seacrest Boule-
yard; thence Northerly alon~ the Westerly Ri~t-of-way
line of said ~eacrest Boule~d, a diet,ce of 687.43
feet to the Point of Be~t~i~; ~ence Northerly alon~
the Westerly Right-of-way line of Seacrest Boulevard,
~ distance of 171.8 feet, more or les~, to point of
intersection with a westerly extension of the north
line of the Bouth Quarter of the Northeast Quarter of
the Southwest ~arter of the Southwest Qnarter of said
Section 4; thence Easterly, at an angle of 8~° 40' es
measured from South to East from the preced~ng line,
along said Westerlv Extension of and alon~;, said North
line of the South ~/N of the '
. Not.east 1/4 of ~e Sou.-
west 1/4 of the Southwest 1/4 of Sectlo:~ 4, Township 46
~outh, Range k3 East to the Northeast Corner of the
West 1/2 of t~e South 1~ of the Northeast
Southwest 1~ of the Southwest 1/4 of Said Section 4;
thence Southerly at an angle of 90° 20' as measured
from West ~o South, from the preceding line, to the
Southeast Corner of said West 1/2 of the South 1/~ of
~e Northeast 1/4 of the Southwest 1/4 of the Southwest
i/L o~ Sectionh~, To~shtp 46 South, Range 43 East;
tn. ence Westerly along the South line of the West l/2 of
~- - ~ ~' ~ ~ 1/4
the %~uth 1/~ of the Northeast 1 4 of the
..'~' ~Le S:..,.,~:~::~west I/4 of Section. ~ and we~, eriv~ e~te~slon
..:"~-~.,~. ~:o t}~ Point of Begriming.
~l-
(2) That this Ordimance shall be published in full
omoe a week for two cons~cutive weeks, in the Delray Beach
$ou ~al.
(3) ~ifie~ objectors m~ object t~ such ~exatiom
~t~n ~e ti~ ~d in the ~er p~vided by said ~eett~
U ~ed, of the ~ter of t~ ~i~ of ~lray Beach, Florida.
(~) ~ould ~y section, close o~ p~vialon of
O~in~oe be de~ed by a Cou~t of ~etent Jurtsdieti~
be inv~ld, the s~e sha~ ~t ~feot ~e v~ldity of t~
~ a ~ole or am~ p~t thereof, ot~ th~ that p~t ~o deol~ed
to be invalid.
(5) ~is O~inmoe ~all be in full force ~ effect
~ediately upon its f~al p~sa~e ~ ~blication in a news-
paper published In ~lray Beach. Florida.
O~YN~CE P~ tn ~lar session on ~e second
final ~e~dln~ on tb.i~ the ~_ day of ~y _, 19~9.
First Heading
nd Reading
WHEP~;AS, tile City C~uncil of the City' of Delrey
Beach. Florida. has dete~mlned that the he~ein~ter described
1~ is conti~ous to the e~sti~ ~cip~ bo~-~d~y lines
of ~e Ci~y of Delray Beach, P~ Beach Ommty, Florida;
~, JOh~ N. ~~, ~., Joined by his wife,
JO~ W. ~~, ~e the sole fee sidle title holders of the
property herein described ~ P~C~. 1; ~d MOORE-I~. INC..
a Florida co.oration, is ~e o~er of P~ 2 hereinafte~
described. ~d said persons ~d corporation have heretofore
~ thei~ Petitio~ for ~exation. consented e~d given pe~ia-
siom for ~ ~exatlon of said property by ~he City of ~l~ay
Beach; ~
~. ~e City of De.a2 Beach. Florida.
heretofore been authorized to ~ex l~ds in accord~ce with
its chafer grated it by t~ State of Florida:
OF '~E CITY OF D~{AY B~CH, F~RIDA, ~ ~'~S:
SECTION 1, ~at the City Co,oil of the City of
Delr~y Beach, P~m Beach Co~ty, Florida, does hereby
to said City the following described trects or parcels of l~d
look. ted in Palm Beach County, :.lori..a, '~n~ch II~ contlguoum to
the ~x. lsting boundaples of said City, to-wit:
PA~iCEL !. T~ Easterly portion of the East
1Z2 of Northeast !~ of Northeast
~/4 of Southeast ~,4, bein~ ~6~.99
fe~ wide on $outh~ ~d 166.27
wide on North, in Se:ct.ton ~ ,, ~'o.~ ~m
Beach Co~mty, Florida.
according to ~he plat th~.~.~ ca fl].o
!n the cf !!ce of the ,,l.:rk .... *' +'~'.-
.... ~ .... o.,..t, I~ ~xd for Palm
~3ook I, page
i;' ~ '-
The Wesb 1/h of Lot ~, SUBDIVISION
,. ~..~.ON 20, T~'~wnship 46 South,
~'e ~$] ~ast, ~c~or, dt~ to the plat
~'~?eof on file i~ the office of the
~:]erk of the Ciroult Co~t In md for
~. ~m B~a~h Co~~'~, Florida, reco~dmd
in Plat Book l~ ~ge 4; ~G~TING
lot dese~ibed ~.m follow:
at the ~out~'~st co~e~ of t[~e
desc~ib~ t~ac~; thence ~ West 70
feet; ~nce ~ No~th 155 feet to
i~n at.e; thence ~ ~t 70 feet
tc t~ ~st llne of ~I~ SUBDiViS-
ION; ~ence ~ ~ou~ ~o~ ~e
w~at 1~ of ~'~ ~w~alon ~
$~ON ~. ~t the bo~iea of ~e City ~
Bea~ ~e he.by ~e~ned so as ~ ~cl~e ~ein the
dese~ibed p~eela of l~d, ~ a~d l~s ~ he~b2 d~l~
to be ~ the co~opa~ l~ita of the Oity of Delray Bea~,
SECTION 3e ~e p~er~ ~l~e deae~i~A
he~e~ ~~ to ~ City ~ ~a2 Beach, ~em~, ~
~t aais p~tea a~l be t~ed ~ ~~
~ ~ the ew~ s~d l~s ~e pla~d, ~t ~
~v~, ~F ~mot ~e t~ed for
t~ea ~ ~a ~ ~ ~ t~ of ~0.~ p~
let, ~ ~ ea-~ ~ ~ ~ be ~~
a period ~ t~ 2e~1~ ~ ~te of ~~i~$ ex-
eeut p~d~, ~~P:~..~t in ~ e~nt ~2 p~el
or lot ia cold, t~f~d or ~e~ae dt~a~
of by t~ o~s, or in ~ event ~ildi~a ~
co~cted on ~ p~cel o~ lot, ~n such lot
s~l be subject to no~ t~tion, incl~
bonded i~ebte~esa of t~ City of ~lray Beac~
SECTION 4. ~e p~perty hereinabove described
herein ~exed to t~ Ci~ of Delray Beach, ~orida, is t~en
into the Ci~ ~der ~.e follo~ zoning re~latlons ~d con-
dittonae
(a) ~at smid property hereinbefore described
sh~l be ~ne~d ~d zon~ as "0-2" ~ner~
O~ci al Districte
(b) ~at a right-of-wa2 not exceeding 55 feet
~ the center line of t~ p~posed weatw~d
extension of S. W. 10~ Street t~u~ said
~xed property shall be d~Icated by t~
o~ere there~fe
P~ED ~ffD A~~ in regu~ ~ession thio 27th
of , ....
1st Reading :'~, ~ ;-~
~ Reading