01-13-58 JANUARY 13TH, 1958.
The Regular Meeting of the City Council was held in the Council
Chamber.s in .the City N211, at 7:$0 P.M., wi.th Mayor J. LeRoy Croft in
the Chair, Clty.Ma.nager W. E. Lawson Jr., C~ty Attorney Harry T.
Newett and Commissioners Col. Dugal G. Campbell, Fred B. McNeese,
George W. Talbot Jr., and George V. Warren being present..
An opening prayer was delivered by Rev. Rudolf J. Keyl.
Commissioner Campbell moved for approval of the .Minutes covering
the MeetSng of January 6th. Motion seconded by Commissioner McNeese
and unanzmously passed.
City Ma.nager Lawson submitted BIDS received for 2,000 feet of 6"
Cast Iron Pxpe; F.O.B. Delray Beach, Florida:
Jas. B. Clow & Sons, Inc., $ 1~88 p,e,r foot
American Cast Iron Pipe Co., 1,89 "
McWane Cast Iron Pipe Co., 1,92 " "
Alabamm Pipe Company 1~98 " "
The Council unanimously agreed, on motion of Commissioner Talbot,
seconded by Commissioner Mc.Neese, that contract for furnishing 2,000'
of 6" Class 150 Cast Iron Pipe be awarded to. the low bidder.
At the December SOth Meeting of the City Council, Resolution No.
1082, assessing costs for abating nuisances upon certain lands, had
provided that evening for a public hearing conc.ernin$ any protest of
said assessments, and the Council deferred conf~rmat~on of the follow-
ing. assessments and requested the City Manager to investigate said
nuzsance abatement cost assessments;
John T. Carroll $125.00 Lot 7, Block 119;
Mattie E. MacLaren $300.~ Lots 1,2, S,4,§,6 & 8, Blk.6 Rio Del Rey.
M. W. Rede $100.00 A parcel of land in Section 21-46-4S;
Edw. U. Roddy $125.00 Lot SS, M~Ginley & Gosman S/D:
Final action on the nuisance abatement cost assessment of $100.00
against the W 148' of Lot 10 and the S 2S' of the W .127.8' of Lot 9,
Block 1, Osceola Park, owned by the Tuller Co.nstruct~on Co., of Red
Bank, N. J., was de.ferred.untit the next meeting, the City. Manager
being requested to ~nvest~gate, further, the alleged clearing of
said lands.
On motion of Commissioner Warren, seconded by CommissiOner Talbot,
the Council unanimo.usly agreed to confirm the assessments for nuis.ance
abatement costs against the above described properties, as appear xn
Resolution No. 1082.
City~M~nage~-Lawson read the following letter:
GEDNEY, JOHNSTON & LILIENTHAL
Attorneys at Law Jan 10th 1958
CITY COMMISSION
Delray Beach, Fla.
We have been instructed by our client, Mr. Edward U. Roddy:
to oppos.e any~attempt on the~ part of the city of .Delray Beach to im-
pose a l~en on Lot SS and Lots 47, 48, 49 and 80 ~n McGinley-Gosman
S/D.
Mr. Roddy's complaint is that the City is attempting to assess
him th.e sum of $175.00 for the abati.n$ of a nuisance.on .Lots 4.7 to.50
inclusive, and$125.O0 for Lot $3: wh~c.h in his opinion. ~s entirely
unreasonable and has no legal bas~s as ~t is not shown by what fomnula
this. amount was arrived at and stems only from a bid of an individual.
JANUARY 13th, 1958
Nm. Roddy has.never received a notice to the effect that Lot
would be cleaned.
Your notice of November 27, 1557 refers to the abatement of a
nuisance, the ~ame "being a collection of water or trash in which mo-
squitoes are l~ke~y to breed, and there ~re weeds exceeding. 18 inches
in height, and which either exhale obnoxxous odors or constitute a
likely source of disease o~ physical distress to human beings." This
statement of a~. alleged.nuisance is so vasus, indefinite and uncertain
that in our opinion it xs not a legal basxs for the assessment of a
lien.
A physical inspection of the property, both before and. after the
alleged cleaning ~nd abatement of the nuasance, does not d~sclose
such condition, e~ther before or after, as would warrant the sums of
money which you are attempting to charge the property owner. We are
enclosing herewith six photographs. Pictures 1, 2 and $ show the ·
condition of the prop?~y before the work was done, and pictures.4,
5 and 6 show the condition after the work was completed. There
practically.no change in the physical condition of the property and
in our opinion no nuisance existed and none has been abated.
Mr..Roddy has heretofore appearedbefore the City Commission and
has advised that there were no bushes on the lots except on Lot 47,
and on that lot about 23 x 50 feet of bushes and three clumps of
bushes that were untouched on all of the lots.
Admissions have been ma~e by the clearing contractor as to the
absence of bushes on a consxderable area of the property.
We call to your attention that the Supreme Cour~ of Florida has
held that a City has no inherent right to levy special assessments;
such power could have been invested in it only by th? Legislature.
City of Coral Gables vs C.G., Inc., 160 So 476 and C~ty of Miami vs
Ganger 97 So 2~ 266.
Mr. Roddy xs entirely agreeable to paying a reasonable charge
which should be based on a legal formula and it is hoped that some
substantial.adjustment can be made in the amounts intended to be
charged, Thxs should be based on actual cost of clearing the property
and not simply on anunsubstantiated so-calle~ low bid.
Werespectfully request that ~ou give th~s matter your considera~
tion and advise us of your intentxons in regard thereto,
We request ~hat you please return the photographs to us when they
have served their purpose.
GEDNEY, JOHNSTON & LILIENTHAL
By Harry A. Johnston
Commissioner Warren informed the New Council of having had the
local nurserymen, equipped to do this type of lot clearing, attend a
Council meeting in December at which time their commen~ relative to.
lot.clearing cost~ indicated the? sincere e~forts to accomplish the
desired results, ~n complxance wxth the requirements of Chapter 18 of
the City Code of Ordinances, at lowest possible cost.
On motion of Commissioner Campbell, seconded by Commissioner
Warren, the Council unanimously agreed that the assessments, referred
to in the foregoing letter, are determined to be in order as a result
of investigation, and that said letter be referred to the City Attor-
ney for whatever action he deems to be in keeping with the Council's
confirmation of.~he assessments, for nuisance abatements, as they ap-
pear in Resolutions No's. iO?S and 108~,,
City Manager Lawson submitted BIDS received for Earth Work and
Pilings for the proposed Community Center Building;
Jack E. Carver $ 3,255.00
Trieste Construction Co., 3,385.00
Commissioner Warren moved that Contract for excavatign and p~ling
installation for the propose~ Community 9enter building ~n the C~ty
Park be awarded to the low bxdder.' Commass~oner Campbell seconded
the motion in order that same might be opened for discussion and fur-
ther subject to his later speaking on the matter.
Mrs. F. J. Schrader sta~ed that it appeared as though the many
roperty owners, who had previously protested a Community Center being
oc~ted in t~e. City Park, had been betrayed by the 9ity Government in
again determxn~ng to construct said Center in the C~ty Park.
JANUARY 13th, 1958.
Mrs. Schrader further pointed out the frequent flooded condition
of the City Park wh~ch would be detrimental t? any ~se being made of
t~e Park for Community. Center purposes, but did believe the present
CxtyHall would be an ~deal place for such a Center, and requested the
Council to reconsider this matter before taking any further action
toward establishing a Center in that area.
Both Commissioner Warren and Major Gilbert S. Swem reminded the
Council of the sinc?e efforts of the various groups, including the
Pla.nnlng Board, d~u~.~ng th? early part of.1957, who, aft?many consul-
rations and a Public Hearing, had determned that the C~ty Park was
the proper place for such a Community Center, Major Swem pointing out
that the return, o~ many questionaires indicated that local interested
~eople want a C~vxc Center, s~y~.~olic of the community, and.in the best
~nterests and welfare of the C~ty, and believed that the C~ty Park was
and is the ideal location for such a Center.
Mrs. Mabel Hanners, 9f.N.E. First Court, expressed the thought
that any ~ugh proposed C~wc Center to be located in the City Park
wou~d defxn~tely spoil the only beauty spot in De?ay Beach,.and that
it ~ust doesn't seem practical to locate a community center ~n that
area.
Commissioner Campbell, again pointed out that his seconding of the
motion was made in order that the matter might be open for discussion
and was not to be interpreted as his being in favor of locating the
Center in the City Park, and then moved that this item be tabled for
further study. Motion seconded by Commissioner McNeese and unanimously
agreed..
~ Commissioner CamPbell movedthat the City Manager be requested to
study and furnish an'estimate of cost to construct a Sea Wall north-
ward from Atlantic.Avenue, alongthe~City Park, to First Court, as well
as an estimated cost to ~mprove the Shuffleboard Courts and Building
as desired by the Committeeand determined warranted by the City Manag~r
Motion seconded by Commissioner Talbot and unanimously passed.
Mayor Croft.referred t? a lengthy letter f~om The Grimes Foundaticn
dated January lSth, 1958, ~ust received, and~w~th reference tothe
of the Golf Course together with alleged unsatxsfactory terms and con~
ditiOns thereof. As time had not permitted the City Attorney to have
reviewed the letter, the Council, on motion of Commissioner McNeese,
seconded by Commissioner Campbell, unanimously agreed to call a Special
Meeting~in the near future for consideration of the contents thereof.
CityManager Lawson submitted BIDS received as follows;
FIRE HOSE
800 ft 2~" 800 ft 1~"
J, T. Mize (Bi-Lateral) "Durobuilt" $ 1,70 ft $ l~lfi ft
American La-France Co., "Crusader" 1~70 1;20
East Coast Fire.Equipment "Goodall" 1.70 1.11
On.motion of CommiSsioner McNeese, seconded by Commissioner Talbot,
the Co.uncil unanimously ~greed that, "Bi-Lateral" hose having proven
so satisfactory to the F~re Department, contract ~for §00 ft of 2~" and
$00 ft of l~" "Durobuilt" be awarded to Bi-Lateral Fire Hose Company.
The City Manager then read the following letter;
CITY COMMISSION,
City of De!ray Beach, Fla. January 2nd, 1958.
On behalf of our client, H. ~. Beebo, please be advised that, with
regard to the following property located in your city, to-wit:
"Lots 1 and.2, Block 58, Town of L~nton, accord~n$ to, the plat
thereof on file with the office of the Clerk of the C~rcuxt Court,
Palm Beach County, Florida, in Plat Book 1, ~age $, otherwise known as
182 West Atlantic Avenue, Delray Beach, Florida."
I understand that the same was prohibited for use as a filling s~a-
tion byvirtue of Ordinance ~207 passed by a former City Commission on
May 15, 19~5.
Inasmuch as the location of this property lends itself specifically
to the use of a gasoline filling station and inasmuch as the maxim~um
use, and therefore value, of this land cannot be attained b.y virtue
of the former Ordinance, I would request that, at your meeting on the
1Sth day of January, 1958, you specifically exclude this property from
the wording of the above mentioned Ordinance.
It is m~ understanding that the westerly two corners located at
the intersection where this property is, are bei. ng used or could be
used for gasoline fillin$ stations and necessarily this also would
increase the value of th~s property f~r the same use.
It is my understanding that perhaps the intent of the original
Ordinance was not to limit the use of the four corners at the inter-
section in this manner.
If you would please be so kind, I would desire that you enter this
request on y. our agenda and allow me to be present and express m~ views
on this subject.
Thanking you in advance for your courtesies in this matter, I
main
J. A. PLISCO
Commissioner Warren moved that the Council a&here to the provisions
and understanding of. Or.dinance G-207, and deny this request. Motion
was seconded by Commissioner McNeese and up~m Call of Roll - Commis-
sioners Warren, McNeese and Talbot with Mayo~ Croft voted in favor
thereof, Commissioner Campbell abstaining,
City Manager Lawson read Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO TttE CITY THE FOLLOWING DES-
CRIBED TRACTS OR PARCELS OF lAND LOCATED IN PALM BEACH
COUntY, FLORIDA, AND LYING CONTIGUOUS TO THE EXISTING
MUNICIPAL LIMITS OF SAID CITY OF DELRA! BEACH. SAID
LANDS BEING AND CONSTITUTING THOSE CERTAIN PROPOSED
SUBDIVISIONS YdIO%~N AS "TROPIC PALMS, PLAT NO. 2", TRO-
PIC PALMS, PLAT NO. S", AND TROPIC PALMS, PLAT NO. 4,
ACCORDING TO THE PROPOSED PLATS THEREOF TO BE RECORDED
IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND
FOR PALM BEACH COU~Y, FLORIDA, AND PROVIDING FOR THE
ZONING AND TAXATION OF SAID lANDS.
(see Photo Copy - Pages 12-A thru 12-1~)
City Attorney Newett stated that before passing 9n the Ordinambe~
an understanding of Col. Fabens, of the Planning/Zon/ng Board, and- the
Developers, concerning minor changes in the Ordinanc~ since its being
placed on first reading should be effected.
Mr. Henry J. /~ellon and Att'y. Wm. Grimditch, for She developers
and Col. Fabens agreed that only c.hange.s in identification of certain
Lots, by revised numbers, and a slight ~ncrease in the square footage
of a few lots had been made, which did not affect any original~ zoning
or plans as previous.ly submit.ted and approved by the Planning/Zoning
Board and the preceding Council, and the City Attorney advised the
Council that such change of Lot identification numb.ers, not altering
t.he.zonin$, originally approved and accepted, constitutes only an ad-
m~n~st~at~ve adjustment and not an amendment in substance.
Commissioner Campbell inquired of the City Attorney if, in his
opinio.n, the Council Was on sol~d ground in passing on second reading
of Ordinance G-277, and was adwsed that while the Charter provides a
change in "SuBstance" of the provisions of an Ordinance, following
first reading, requires re-advertising and consideration of a NEW
(amended) Ordinance to be placed on f~rst reading, however, as stated
in the precedin$ paragraph, the City Attorney does not consider this
to be a cha.nge ~u substance.
Commissioner Warren moved that Ordinance No. G-277 be passed and
adopted on this second and final reading: Commissioner Campbell,
acceptance of the City Attorney's informing of the Council that any
change of identifying Lot Numbers did not constitute a change in sub-
stance, seconded the motion which was unanimously passed.
The City Manager then read Ordinance No. G-B?8:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
RELATING TO BARBERS AND BARBER SHOPS: A~LENDING SUB-.
SECTION (a) of SECTION 6 A-lC OF THE CODE OF ORDI-
NANCES OF DEIRAY BEACH, BY PROVIDING QUALIFICATIONS
FOR LICENSE. (see Photo Copy, Page 12-G)
JANUARY 13th, 1958.
The Council, on motion of Commissioner McNeese and seconded by
Commissioner Talbot, unanimously agreed that Ordinance No. G-278 be
passed and adopted on this second and final reading.
City Manager Lawson ~'hen read Ordinance No. G-279:
AN ORDINANCE OF THE CITY OF DEIPAY BEACH, FLCRIDA,
ANN .F~NG TO THE CITY THE FOLLOWING DESCRIBED PARCEL
OF lAND LYING CONTIGUOUS TO THE EXISTING MUNICIPAL
LIMITS OF THE CITY OF DELP~Y BEACH. SAID lANDS BE-
ING AND CONSTITUTING THAT CERTAIN PROPOSED SUBDIVI-
SION KNOWN AS "DEL-HARBOUR", ACCORDING TO THE PRO-
POSED PLAT THEREOF TO BE RECORDED IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA; AND PROVIDING FC~ THE ZONING AND
TAXATION OF SAID L~NDS.
The Council,unanimously agreed, on motion of Commissioner Campbell
.and seconded by Commis.sioner .McNeese, that part of the terms contaimed
~n Paragraph 2 of Section $ w~th reference to "any lot .deeded to FRED
M. SPINNER etc.," were undesirable and deferred any actxon on said
Ordinance 6-279 pen.ding elimination of such terms as reflected in said
Paragraph 2 of Sectxon 3 therein.
The City Manager then read Ordinance No. 6-280:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLCRIDA,
REZONING AND PLACING CERTAIN L~.NDS IN SOUTHEAST
QUARTER OF SECTION 18, TO~SHIP 46 SOUTH, RANGE 43
EAST IN "C-3" DISTRICT, AND AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1956".
Commissioner Campbell moved that Ordinance No. 6-280 be placed on
first reading. Motion seconded by Commissioner Warren and unanimousl~·
passed.
City Manager Lawson read Ordinance No. 6-281:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING THE EAST ~ OF THE N.E. ¼ of
THE N.E. ~ OF THE N.E.~, LESS RAILROAD RIGHT-OF-
WAY, AND THE WEST ~ OF THE N.E. ~ OF THE N.E. ¼
OF THE N.E. ¼ LYING EAST OF S.A.L.RAILROAD IN
SECTION 18, TO/fNSHIP 46 SOUTH, RANGE 43 EAST IN
"C-$" DISTRICT, AND AMENDING "ZONING MAP OF DEL-
RAY BEACH, FLORIDA, 1956".
On motion of Commissioner Csmpbell and seconded by Commissioner
McNeese, the Council unanimously agreed to place Ordinance No. 6-281
on first reading.
The City M~nager informed the Council of Brockway, Weber & Brockway
having been_requested several months ago to prepare a preliminary sur-
vey and lay out of a storm sewer system to provide drainage for the a-
.rea lying between A1A and the Intra-coastal Waterway from Miramar D.rive
to t.he south end of Seagate Extension, which has recently been submitted
and ~ndicates an estimated cost for such drainage system to be approxi-
mately $136,586.00.
Commissi.oner Talbot m.oved that this Surve.y and Report be referred
to the Planning Board, which B.oard shall prowde for Public Hearings
to be held concerning the sha.r~ng of said cost between the C~ty.and
benefitted lands for such d~a~nage improvement, and the Commissioner
acce?ted an amendment thereto: as offered by Commissioner Campbell, to
prowde that .suc.h public hearxngs to be held by the Board be scheduled
for areas beg~nnxng at the Sout~.end of "Seagate" and worki, ng both
north a.nd .south therefrom, cove~zng comparable areas. Mormon seconded
by Commissioner Warren and unanimously passed.
Commissioner Campbell reminded the Council that the Pla. nning Board
lacked the authority to establish percentages of cost shar,-ng for any
JANUARY 13th, 1958.
imprgvements and would theref.ore be.handicapped in holding public .
hearings relative to such drain.age ~mprovem.ent system referred to
the foregoing, and moved that e~ther a CommAttee of t.he Council be
set-.up to work out a proposed perce.ntage of Cost Sharing or that a
Special Meeting be called to establish same prior to any Public Hear-
ing being held by the Planning Board on this matter. Motion seconded
by Commissioner Talbot and unanimously agreed.
City Manager Lawson submitted and read the following "Report" of
the Planning Board, dated Jan. lSth, 1988:
TO THE CITY COMMISSION RE: Rezoning of Block 2?, Lots 4 &
8, on N.W. §th Ave., M~. J. M.
Calloway. (See Minutes of Dec.
$0th- Stem ?)
· As ~equested b the former City Commission on Dec. $0th. 1987. our
Board with six members pre.sent, me~ for further study of Bl~ck 27'and
Mr. J. M~ Calloway'$ pe.titlon of R-3 zoning of lots 4 and
In the area at the ~ntersection of N.W. 5th Avenue and N,W. 2nd
Street which is zoned R-2, single family houses exist on the north and
south of N.W. 2nd Street and more are being built from time to time.
It is a natural up-grading of the street. On N.W. 5th Ave., two nice
single ~amily houses are on the west side, about opposit.e Mr. C.alloway'~
one hundred feet, where he could now build two duplexes ~f he wished.
A consi.~erable amount of R-$ zoning is south of ~est Atlantic Avenue.
As ~o the re-zoning of N.W. 5t.h Avenue, where Block 27 is the east
side and Block 19 the west, where ~t is C-2 for a hundred or so feet
north of N.W. 1st Street and then R-2 for about five hundred feet, it
was conaidered that a change to C-2 for the whole block was not de-
sirable.
Ample c-2 zoning seems to exist in this ~rea, in that ~hree whole
b~ocks for commercial businesses are only S5% used for business. Mos~
of the rest of the street is occupied by residences of little value,
so that expansion of business is not impeded. .
lt.t.s recommended that Mr. Calloway's petition be denied and that
no revision of a general nature be considered,
PLANNING & ZONING BOARD
The Council, on mo~ion of Commissioner McNeese, seconded by Com-
missioner Warren,~ . in acceptance of the Planning/Zoning Board's recom-
mendation, unanimously agreed to deny the request of Mr. Calloway.
The City Manager informed the.~quncil that Mr. Harry McKean had,
o~ November 12th, 1957, been appointed by the Council to follow thru
with the State Road Board concerning'~he drainage project for the
Delray area and the ultimate tie-in o~ City proposed street and drain-
e improvements with the State Road Department's improvement program
thin the corporate limits of the City', as referred to in Resolution
~o. 1077.
Mr. McKean advised the present Council that much progress had been
~ccomplished in recent weeks relative .to dl~i.nag.e plans for the.area.
~estward from the F,E.C.RR., and work xs continuing on this prosect
~t the present time by himself and the County' Engi.~neers.
\
Commissioner Campbell moved that Bills, in the ~mount of $222,055.02
as submitted by the City Manager, be paid subject to'the approval of
the Finance Committee. Motion seconded by Commissioner McNeese and
auanimously carried.
The Council, on motion of Commissioner MoNeese and seconded by
Co~ssio.ner Talbot, unanimously approved the application of
nelxus Grlsby for~ License permitting Sale of Beer & Wine for CONSUMP-
TION OFF THE PREMISES at A~6 W. Atlantic Avenue.
City Manager Lawson re. ad the following letter from the Palm ~,each
County Zoning Board of Adjustment:
JANUARY 13th, 1958.
ATTENTION: Zoning and Planning Board. December $1, 1957.
It has been s~ggested that a meeting be held relative to the form-
Sng of a chapter xn Palm Beach County of the Florida Planning and Zon-
ing Association (FPZA).
For this purpose, a meeting will be held in County Com~nission Room
114, Court House, West Palm,each, on J~nuary $0, 1958, a~ 8:00.P.M.
Please be present a~d bring anyone ~nterested.in fomm~ng thxs chap-
ter. Such an organization will be of great benefit to all of us.
PAIN BEACH COUNTY ZONING BOARD OF ADJUSTMENT
Col. Andrew Fabens,.Chairman. of the Delray Beach Planni~$/Zoning
Board, expresse~ gFeat znterest zn and favored attendance wzth such a
Group, and Comm!sszoner Campbell moved that the Council.go on record
as expressing its desire to be a part of such plan and ~f Membership
thereln is not limited, the present Planning/Zoning Board Members,
the Council Members,.the City Manager and City ~nginee~ should all
arrange to attend thxs meeting and become affiliated w~th the Asso-
ciation. Motion seconded by Commissioner Talbot and unanimously
agreed.
The Council, on motion of Commissioner McNeese and seconded by
Commissioner Talbot, unanimously approved granting the request of Mr.
Harry Hagwood and authorized Pemmit be issued enabling Mr. Hagwood to
move a frame house, now located on S.A.L.RR. property, to N.W. 1Sth
Avenue between Second and Third Streets.
Commission? Talbot moved that the application of Mr. Chas. F.
Runge, concerning certain lands in Block 4 of Sophia Frey S/D, and
the possible annexation of adjoining lands thereto be referred to
the Planning/Zoning Board for study and recommendation. 'Motion was
seconded by Commissioner McNeese and unanimously carried.
12-A
ORDINANCE NO. -277.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BF_.ACH, FLORIDA. ANNEXI_NC
TO THE CITY THE FOLLOWING DESCRIBED TRACTS
OR PARCELS OF LAND LOCATED IN P,~I.M BEACH
COUNTY, FLORIDA, AND LYING CONTIGUOUS TO
THE EXISTING MUNICIPAL LIMITS OF SAID CITY
OF DELRAY BEACH. SAID LANDS BEING AJND CON-
STITUTING THOSE CERTAIN PROPOSED SUBDI'VKSIONS
KNOWN AS "TROPIC PALMS, PLAT NO. Z", TR. OPIC
PALMS, PLAT NO. 3", AND TROPIC P.AI.~S, PLAT
NO. 4, ACCORDING TO THE PROPOSED PLATS THERE-
OF TO BE RECORDED IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COUR. T IN AND FOR PAI,M BEACH
COUNTY, FLORIDA; AND PI{O¥IDING FOR THE ZONING
AND TAXATION OF SAID LAND~.
WHF-,R~, the City Council of the City of Delray Beach,
Florida, has determined that the hereinafter described lana is con-
tiguous to the existing municipal bountlary lines of the City of Delray
Beach, Palm Beach County, Flor ida; aha
WHERF_~kS, SOUTH COAST DEVELOPMENT CORPORATION and
TROPICAL P~J~%[S, I_NC. , Florida corporations, are the sole fee simple
title holders of the property described herein, and said Corporations have
heretofore by their Petitions for Annexation, consented and given permission
for the annexation of said property by the City of Del ray Beach; and
',¥HF_,REAS, the City of Delray Beach, Florida, has heretofore
been authorimed to annex lands in accoraance with its charter granted it by
the State.of Florida:
NOW, THEREFORE, BE IT ORDAINED BY TILE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach,
Palm Beach County, Florida, does hereb,~' ~nnex to said City the following
described tracts or parcels of land locate0 ~n Palm Bea'ch County, Florida,
which lie contiguous to the existing bounclaries of said City, to-wit:
TROPIC PALd~S PLAT NO. 2
Beginning at the southwest corner of Section Zg,
Tov~nship 46 South, Range 43 East, Palm Beach
County, Florida; thence N. Z° 09' 50" W. along
the west line of said Section 29, a distance of
1930.Z3 feet (for convenience the south line of
said Section 2-9 is assumed to bear East-West
and all other bearings are relative thereto);
thence East, a distance of 651. 5Z feet to the begin-
ning of a curve concave to the sout. h having a radius
12-B
of 1434.88 feet and a central angle of 14° 20' 0";
thence easterly and southeaste~rly along the arc
of said curve, a distance of 358.96 feet to the end
of said curve; thence ~$. 75° 40' 0~' E. , a distance
of 1309.73 feet, more or less, to a point in the arc
of a curve concave to the northeast having a radius
of 1419.93 fe~t, and whose tangent makes an angle
with the measured from north-
preceding
course,
west to south.west, of 116° ZT' 35", said curve be-
ing a part of the westerly boundary of TROPIC
PALMS, PLAT NO. 1, according to the plat there-
of recorded in Plat Book Z5, Page 101, Public Re-
cords of Palm Beach Gounty, Florida.; thence south-
easterly along the arc of said curve, a distance of
Z18.59 feet; thence south along the westerly boundary
of said Plat No. 1, making an angle with the tangent
of the preceding described curve, measured from
northwest to south, of 159° 03' IZ", a distance of
1350.60 feet to a point in the south line of said
Section 29, said point being the southwest corner
of said l=lat 1~o. 1; thence west along the south line
of said Section 29, a distance of ZZ64.99 feet to the
point of beginning.
ALSO Lot 13A of the Replat of Lots 17-31, inclusive,
TROPIC PAJ.,MS, PLAT NO 1, according to the plat
thereof recorded in Plat Book 25, Page ,
Public Records of Palm Beach County, Florida.
TROPIC PALMS
PL~T NO. 3
Beginning at the intersection of the center line of
Audubon Boulevard as shown on Tropic Palms, Plat
No. 2, recorded in Plat Book , Pages
, Public Records of Palm
Beach County, Florida, with the west line of said
Section 29; thence N Z° 09' 50" ~¥ along said west
line of Section 29, a distance of 15Z.87 feet to the
south line of the Northwest Quarter of the Northwest
C}uarter of the Southwest (~uarter of said Section Z9;
thence S 89° 54' 55" E along the south line thereof, a
distance of 674.9Z feet to the southeast corner thereof;
thence N Z° 15' 15" W along the west line of said North-
west Quarter of the Northwest (~tarter of the Southwest
Quarter, a distance of 694.07 feet to a point in the ]East-
West (~u~rter Section Line of said Section 29, thence N
89° 53' 15" W along said (~uarter Section line, a distance
of 673.87 feet to the Quarter Section Corner in the west
line of said Section 29; thence N 1° 54' 50" W along said
west section line, a distance of 1916.44 feet, more or
less, to a point in the center line of Germantown Road as
now laid out and in use; thence N 68° 53' 06" 1~. along said
center line of Germantown Road, a distance of 689.98 feet;
-Z-
thence t5 43° 14' 30" E, a distance of 740.41 fee~
to an angle point; thence 15 43° 10' 50" E, a dis-
lance of 17-07.49 feet to the beginning of a curve
concave to the southwest having a radius of 1340
feet and a centr,xl angle of 43° I0' 50", said
point of beginning being the northwesterly corner
of Tropic Palms, Plat No. 1, recorded in PI. at
Book Z5, Page .(02; thence southeasterly and
southerly along the arc of said curve, being the
center line of L~ndell Boulevard as shown on said
Plat No. 1, a distance of 1009.88 feet to the end
of said curve; thence South along the tangent to
said curve, ~ distaxxce of 744.3Z feet to the begin-
ning of a curve concave to the northeast having a
radius of 1419.93 feet and a central angle 49° 09'
30"; thence southerly along the arc of said curve,
a distance of 300. 52, feet, more or less, 'to its in-
tersection with the center line of said Audubon
Boulevard as shown on said Plat No. Z; thence N
75° 40' 0" W along the center line of said Audubon
Boulevard, a distance of 1309.73 feet to the begin-
ning of a curve concave to, the south having a radius
of 1434.88 feet and a central angle of i4° 20' 0";
thence westerl), along the arc of said curve, a dis-
tance of 358.90 feet to the end of said curve; thence
West along the tangent to said curve, a distance of
/)51.5Z feet to ~he poin~ ,-~f beginning.
Said lands being in Sect!(~, dc), Town~b'~p 46 South.
Range 43 East, Pa]~-; ~ea~:n County, Ftorida.
(For convenience, the south line of said Section
Z9 is assumed to bear E. ast-West and all other
Bearings are relative thereto. )
TROPIC PALM~
PLAT NO. 4
Beginning at the Northwest corner of Tropic Palms,
Plat No. 1 being the point of intersection of the cen-
ter lzne oi F. gre~, Circte with the centex' line of Lin-
; dell Boulevard, according to the Plat thereof, re-
corded in Plat Book 25, Page 10Z, Public Records
of Palm Beach County, Florida; thence N 43° 10~
.~' 50" W, a distance of 1207.49 feet to an angle point;
thence N 43° 14' 30" ~¥, a distance of 740.41 feet,
more or less, to a point in the center line of German-
town Road as now laid out and in use; thence 1N ZZ°
51~ 00" E along said center line, a distance of 554.08
feet, more or less, to a point in the north line of said
Section 29; thence N 87° 37' 05" Ii/. along said north line
of Section 7-9, a distance of 1114.45 feet; thence S Z°
Zl' 45" Ii/., a distance of 287. 19 feet; thence N 89°
7-7' 25" E, a distance of 5Z0.04 feet; thence S 76° 51'
Ii/., a distance of 842.71 feet, more or less, to a point
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in the west lir:e of West E1 Be acco.dir, g to the plat
thereof recorded in Plat Book 15, Page 2Z, Public
Records of Palm Beach County, Florida; thence
S 2° 40' 25'~ E along said west line a distance of
186. 14 feet, z~ore or less, to the southwest corner
of Block 6 of said West ~11 Be; thence N 89° 57' 05'~
E along the south line of said Block 6, a distance of
665.07 feet, more or less, to a point in the east line
of the West half of the Northeast {l~tarter of said
Section 29; thence S 2o 49' 35" E along said east line
of the West half of the Northeast Quart'er of said
Section 29, a distance of 863.65 feet to the most
northerly corner of Lot '501 of said Tropic Palms,
Plat No. 1; thence S 56° 52' 50" W along the northerly
line of said Lot 501, a distance of 205.58 feet to a
point in a curve concave to the southwest l~ving a
radius of 55 feet and a central angle of 87° 10' 25";
thence northerly and westerly along the arc of said
curve, a distance of 54.60 feet to the end of said
curve; thence West along the tangent to said curve, a
distance of 591.75 feet to a point in a curve concave
to the southwest having a radius of 264.94 feet and a
central angle of 36° 56' 20"; thence northwesterly
along the arc of said curve, a distance of 85.56 feet
to the end of said curve; thence N 39° 45' 55" W
along the tangent to said curve, a distance of 55 feet
to a point in a cttrve concave to the northwest having
a radius of 500 feet and a central angle of 89° 55' 32";
themce southwesterly along the arc of said curve, a dis-
tance of 347.02 feet to the end of said curve; thence
West along the tangent to said curve, a distance of
141.03 feet to the beginning of a curve concave to the
Southeast having a radius of 815.30 feet and a central
angle of 43° 10' 50"; thence southwesterly along the
arc of said curve, a distance of 614. 45 feet to the
end of said curve; thence S 46° 49' ~0" W along the
tangent to said curve, a distance of 215 feet to the
point of beginning.
Said lands being in Section 29, Township 46 South,
Range 43 East, Palm Beach County, Florida.
SECTION 2. That the boundaries of the City Of Delray Beach
are hereby redefined so as to include therein the above described tracts
of land, and said lands are hereby declared to be in the corporate
limits of the City of Delray Beach, Florida.
SECTION 3. The property hereinabove described and herein
annexed to the City of Delray Beach, Florida, shall not be taxed for
advalorem taxes in excess of an annual tax of $10.00 per lot as shown
on said proposed plats of TROPIC pALI~d~ Plat number 2 owned by
South Coast Development Corporation and TROPIC PALi~IS l~lat numbers
3 and 4 owned by Tropical Palms, Inc., for ten years from the date of
the enactment of this ordinance.
In the event, however, ~ny such lot is sold, transferred or
otherwise disposed of by SOUTH C(IA~T D~¥ELOPMENT CORPOIlATION
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and TROPICAL PALMS, LNC., ro t:,e:'soi~,s ;nciud',~-~ ?r~:khoiq. :
or directors, or in the event any b~it,~ir~ is con:~irucled o::
then such lot sMll be subject ~o normal taxation, including tm. bo~ded
indebte~ess, of the City of Delray Beach, Florida.
SECTION 4. The property hereina~ve described ,~ ~
annexed to the City of Delray Beach, Florida, is taken into sa~d C~
under the follo~ng zonmg regulations and conditions:
(a) ~esidence ':K-l~q~:distrtct applicable to lots numbered
812 through 8J9; 848 through 1069; 1071 through i08~; 1086 through 1095;
1098 through ll0Z; 1115 through 1169; 1196 through IZ02; 1204 through
1221 through 1231; 1273 through 1286; and 1295 through 1314. Residence
R-~ district applicable to lots numbered 515 through 679 and 701 through
811.
(b) Residence "R-2" district' applicable to lots numbered 680
through 700; 840 through 847; 1070~ 1084; 1085; 1096; 1097; 1108 through
1114; 1170 through 1181; 1184 through 1197; 1203; 1218 through 1220; IZ~2 through
1242; 1254 thro~h 127Z; la~7 through ~294; ~d 13~5 through 1319.
(c} Commercial "G-l" district applicable to Tract A and Tract
B, inclusive, which may be used as follows: ~o l~d embraced in this dis-
trict shall be ~sed for other tMn restaurants, ~cht club~, cabanas or
cabana clubs, tennis courts, sw~ming pools and ~V other recreatioaat
[acilities; a yacht basin with customary [acilities including gas and mi ~acili-
t~es, for Marine purposes only and including boats for h~re or charter with
approved docking facilities and such business incidental thereto shall
be permitted.
(d) Commercial "C-2" distric~ applicable to lots numbered
118~; and 1243 through 1Z53.
(e) The water mains to be installed i~ the said area (bu~ not the
service connection, s to private property} shall become the property o1 the
City ~d the City shall furnish water to the inhabiters of said property at
the same rates charged to other water cons~ers in the City of Delray Beach.
(~) The City of Delray Beach shall pay one-half (1/2) of the
gross ex~nse of purchasing and installing all ~ter supply lines and water
mains and the ~H GO~T DEVELOPMENT COR~TION shall pay one-
half (1/2) of said expense for Plat No. 2, and TROPICAL PALMS, INC. shall
pay one-half (1/2) of said expense for Plats No. 3 and 4, provided that said
gross e~ense shall be first approved by the City of Delray Beach.
COAST DEVELOP~NT CORPOKAYIOh ;~.~d TROPICAL PALMS, ~NC. s~ll
ad~nce the said gross price, and the City of Delray Beach shall pay its sMre
of the a~ve mentioned expense by paying to ~O~H COAST DEVELOPMENT
CO~~TION and TROPICAL PAL~, INC. fifty percent ~50~) each year
of the surplus water revenues received by the City from the ]ands shown on
TROPIC PAL~, PMT NO. 2, T~OPIC PAL~, PMT NO. 3 and TROPIC
P~, PMT NO. 4, ~til the entire share of the City is paid, such ~plus
to be determined ~ accordance with Ordinance No. G-625, of the Cit~
Delray Beach, Flori~, passed J~y 5, 1957.
SECTION 5. That the City of Delray Beach shall request the
Legislature of the State of F~orida, at its reg~ar session in 1959, *o validate
by law the annexation of the above des~ed lands.
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SECTION 6, SOUTH COAST DEYELOI~IdI/iNT COI~PO~TIO?~
and TROPICAL PALMS, INC. may irnl~se u,~on t~ aioresa~d premises
Re se r~tions ~d Restrictive Cornets set forth
Petitions for ~e~tion by recording ~id ~ser~tions ~d ~strictive
Co~nants in the Public Records of Pa~ Beach Co~ty.
on this ~e
DEC ~ 19~7
l~t Reading
OaDn ANCE JO. _ G-2.78, .
AN ORDINANOE 0F THE 0ITY OF DELRAY
BEACH, FLORIDA, RELATING TO BARBERS
AND BARBER SHOPS: AMENDING ~JB-
SECTION (a) of SECTIOM 6 A-10 OF THE
CODE OF ORDINANCE~ OF DELRAY B~ACH,
BY PROVIDING QUALIFICATIONS FOR
LIC~SEo
BE IT ~ACTED BY THE CITY COUNCIL OF THE CI'H OF
Dw.r~AY BEACH, FLORIDA:
Section 1. ~ubsection (a) of Section 6 A-10 of
the Code of Ordinances of Delray Beach, Florida is hereby
amended to read:
"Section 6 A-lC. Journeyman barber qualifications.
~(a) who has graduated from a school of barbering
approved by the board; or if the applicant is from
another state, in lieu of being such graduate-, who
can prove by sworn affidavit that he has practiced
as a barber in ~uother state thazx Florida for at
least five years immediately prior to making appli-
cati.)n La this s~ate."
/
~ PASSED A~ND ADOPTED in Regmlar Session this ' day
of /._ / '.: ,~: ~',.' /:// , 1958o
~TTEST ~
/
c...L:: ... /
DEC 3,.) 1957
First Reading
Second Readin~