02-08-55 239
FEBltUARY 8Ttl, 1955.
Commissioner Strong made a motion that the request o£
Hr. Bruce Harchand, for the City to abandon the alley in
Block 2-A, Lake View Heights, be denied. Seconded by
Commissioner Allen and unanimously carried.
The ~ity Hanager read the foilowing ~esolution.
RESOLUTION NO. 946.
A ifl~,SOLLITION OI: THE CITY COHI'ilSSION OF THE
CITY OF Dk, LItAY BEACIt, I~50~tlDA, Oi[DEttlNG THE
OPL~ING, GxtADING AND PAVING OF SOUTH WEST
SIXTIt AVi,.NUE F~tOH AILmXiTIC AVENUE TO TIiIRD
STREET.
I/aEKEAS, the City Commission of the City of Delray Beach,
Florida, did, on the 13th day of July, A.D., 1954, adopt a
i(esolution ordering the City }lanage~' to prepare plans, speci-
fications and estimated cost of opening, grading and paving
that part of S. 1/. 6th Avenue, lying between Atlantic Avenue
and Third Street, to a width of twenty-two (22) feet, and
requiring said plans, specifications and estimated cost of
such improvement to be placed on file in the office of the
City ~anager, and
141[EliaS, the ~ity Commission deems it to be necessary
for the safety and convenience of the public to open, grade
and pave said part of S. ~¢. 6th Ave., described in the fore-
going paragraph,
NOIi, T~EKEt:0KE, BE IT ttESOLVED by the City Commission
Of the City of Delray Beach, Florida, that it is determined
to make the following described improvement, to-wit:
The opening, grading and paving of S.W. 6th
Aven;le between Atlantic Avenue and S.W. 3rd
Street, to a width of twenty-two (22) feet,,
the total estimated cost of such improvement
being ~9,000.00.
BE IT t~'~lt~iElt ,tESOLVED that the entire cost of such im-
provement shall be assessed against the foltowing described
properties in l)elray Beach, Palm Beach County, Florida:
N 100 ft of the East 100 £t of Block 13,
S 50 ' of the North 150 ft of the East 135 £t of Blk 13,
S 50 " " " 200 £t " " 135 ft
S 50 " " " 250 ft " " 135 ft
S 50 " " " 300 ft " " 135 ft
N 50 " " South 300 ft , " 135 ft
N 50 " " " 250 ft " ~ 135 ft "
N 50 " u " 2')0 ft " " 135 ft
N 50 " " " 150 ft " ~ 135 ft
N 50 " " " 100 ft " " 135 ft "
S 50 ~ of the East 1~5 ft of Block 13;
N 100 ft of the East 135 ft of Block 14
S 50 ft " North 150 ft of the East 135 ft of Blk 14,
S 50 " " " 200 ft of " 135 ft
S 77 " " " 277 ft " " 135 ft
N 50" " South 335 ft " " 135 ft
N 50 " " " 285 ft " , 135 ft
N 50 " " ~ 235 ft " ' 135 ft
N 50 ' " " 185 ft " " 135 ft
E 75" " " 135 ft of Block 14;
FEBI(UAI{Y 8TH, 1955.
N 106 ft of the East 33.1 ft of Block 15, Lot 52
Lots 46 and 47 - Block 15,
" 44 " 45 "
" 43 "
" 41 " 42 "
" 39 ' 40 "
" 37 " 38 "
" 36
' 34 ' 35 "
' 32 " 33 "
" 31 " ;
The West 75 ft of the North 110 £t of Block 21,
S 50 ft of the N 160 ft of the
S 50 ft " N 210 ft " " "
S 50 ft " N 260 ft " " "
S 50 ft " N 310 ft
S 50 f t " N 360 f t " "
N 50 ft " S 240 ft " " "
N 40 ft " S 190 ft " " "
N 50 ft " S 150 ft " "
N 50 ft " S 100 ft "
S 50 ft " W 135.2 ft of Block 21;
Lot 1 of Block 22~
" 3 t! .
" 4 " "
N 50 ft of the W. 135.51 ft of the S 306 ft of Blk 22,
S 50 ft " N. 100 ft of the W 135 ft of S-~ of Blk 22
N 21 ft " S. 156 ft
S 135 ft " W. 87 ft of Block 22;
Lot 13 of Block 23,
" 14 " 23,
" 15 " 23,
" 16 " 23,
" 17 " 23,
N-i~ of Lot 18 in Block 23,
Si " 18 " 23,
Lot 19 of Block 23,
" 20 " 23,
" 21 " 23,
" 22 " 23,
" 25 " 23;
said benefits to be determined and prorated according to the
front footage of the respective properties as set forth imme-
diately above.
BE IT FUiiTIIL~t ~tESOLVED that said special assessments against
all the parcels of lands as set forth above which are specially
benefited, shall be and remain liens s,2perior in dignity to all
other liens except liens for taxes until Daid, from the date of
the assessment upon the respective lots and parcels of land
assessed, and which shall bear interest at the rate of eight (8)
per cent per annum~ and which may be paid in five (5) equal year-
ly installments with accrued interest on all deferred p~yments.
Payments shall be made at the same place that taxes payable to
the City of Delray Beach, Florida, are paid, namely the office
of the City Tax Collector, and upon failure of any property
owner to pay any annual installment d~e, or any part thereof, or
any annual interest upon deferred payments, the ~ity of Delray
Beach may bring necessary legal proceedings by a Bill in Chancery
FEBHUA~Y 8TIi, 1955.
to enforce payment thereof with all accrued interest, together
with all legal costs incurred, including a reasonable Attorney's
fee. The total amount of any lien may be paid in full at any
time with interest from the date of assessment.
It is Ordered that the City Commis.~ion shall sit at the
City Hall, in the City of Delray Beach, Florida, at 2:30 P.M.,
on March 8th, 1955, for the purOose of hearing objections, if
any, on said proposed improvenient, as set forth herein.
It is Further Ordered that this ~esolution be published
once a week for two (2) consecutive weeks in the Delray.Beach
Journal.
PASSED AND Al)OPTED by the City Commission of the ~ity of
Delray Beach, Florida, on this the 8th day of February, A. D.,
1955.
/s/ w. ". Show
Hayor
ATTEST:
/s/ ~. U. Worthing
City Clerk
Pub. Feb. 17, ~4, Mar. 3, 1955.
City Attorney HacMillan recommended giving at least three
notices of publication on matters of this nature.
Commissioner Allen moved that we adopt the itesolution as
amended, providing for at least three publications and that the
date for hearing be set for Harch 8th, 1955, for objections,
if any, to be heard. Commissioner Sundy seconded the motion
which was unanimously carried.
The City Manager read the following ltesolution.
r~SOLUTloN NO. 949.
A ~SoLUrIoN OF THE CITY CO~IISi, ION oF file
CITY OF I)ELKAY BEACII, FLO.~IDA, REqUIiilNG
PLANS, SPECIFICATIONS AND ESTIbbkTE OF COST
TO CONSTtiUCT A SIDEWALK ON THE EAST SIDE
OF N.E. SECOND AVENUE FItOM NE 8Th STiiEET
NOitTtiW~U/D TO C ITY L1MI'rS.
WHEREAS, the City Commission has deemed it a matter of
public safety and welfare to provide a continuous sidewalk
from N.E. 8th Street northward on the East side of N.E. Second
Avenue to the City Limits, the City of Delray Beach, Florida,
to share the cost of such improvement with owners of lands
abutting thereon.
NOW, -flikt~}'OiiE, BE Ir ~[LSOLVED by the City Con:mission of
the City of Delray Beach, Florida, as fol[ows:
SECTION 1: That the City Manager be required to s,ibmit
plans, specificatians and an estimate of the
cost of s~.~ch improvement to be made, and that the same shall be
placed on file in the office of the City Manager.
P~iSSED AND ADOPTED by the City Commission of the City of
Delray Beach, Florida, on tills the 8th day of February, A. D.,
1955.
s ,~. ~. Snow
Mayor
ATTEST:
/S/ ,~. D. Worthing
City Clerk
242
FEBitUAttY STil, 1955.
Commissioner Sandy moved that we adopt itesolution No.
949 on first and final readi~kg. Notion was seconded by
Cm~)issioner Allen and unanimously carried. Nfs. Alma K.
l~:oehle and Nra. Iioward Smith voiced objections regarding
~ossible legality and fairness o~ assessment in connectian
with this intended project,
The City Nanager read the following Ordinance.
01~DINANCE N0. G-200
AN Oi;I)iN2tNCE ,.d,~ CiTY C0);?ilSSI~N OF Cl~ OF
1)LL~t.~Y BEACit, lI~t~tlI)A, A:.i.,Nt~IN~ ~UB-
PAitAGi{:~)tI (3), P,',itAGi{.'~I/ (e), SI,CT!ON 5,
SECTION 7, ,~F Cll.d~Ttai XX 61' 'Fi,L CI~' CODE
Ol' CITY ol DE.La.kY BL.',Ch, I.],O,i][!A, BY
IN ,li'a. tlNLNT AND Si'LCIAL i;0TEI:
BI. 1T O,tDAINLD BY Tile CITY C0>:NISq],}N, CITY 0F
Section 1: That sub-paragraph {3), paragraph
of Section 5, ctmpter XX of the City Code be amended to read
as follows:
"(3) No apartment house shall, be con-
stl'ucted within 10 feet of any lot line, nor within
15 feet of a main building existing on any adjoin-
ing lot."
Section 2: That sub-paragraph (b) paragraph (o)
of Section 7, Chapter ),X of the City Code be amended to read
as follows:
"(b) Ail hotels and apartments shall
have a minim~ side yard set back of ten feet on
each side."
Section 3: Ail ordinances or pa. ets of ordinances
in conflict herewith are hereby repealed.
P~S3ED IN ~GOLittt SEgSION, this 8th day of February,
A.9., 1955.
/4 a. s.o
......
aTTEST:
/s/ ,;. 9. ~'orthing
City ~lerk
First lteading: Jan 25 1955
Second and Final aeading: Feb 8 1955
Commissioner Strong moved ~at this Ordinance, No.
be passed and adopted on this second and final reading. Notion
was seconded by Coalissioner Allen. Nayor Snow and Commis-
sioners Strong, Barrow and Allen voted in favor of the motion,
and Commissioner S.andy voted opposed.
243
FEBt{U'AH.Y 8TIi, 19,.58.
The City }lanager then read the following Ordinance.
0zfl)INANCE NO. 6-201
AN 0~DINANCE OF CITY CONNISS10N 0}' CITY
OF DELNAY BE~CI1, P~O~IDA, Ih(0VIDING NI.N]-
}lUll SET BACk OF T~ENTY-FlVE FEET ON OCEm~
Botq~EVA~(D. (A-l-A).
BE IT 0iLDAINED BY THE CITY CO}D[ISSION 0F THE CITY
OF DELItAY B~ACIi, FLu~II)A, AS FOLLOWS:
Section 1: All buildings on Ocean Boulevard (A-l-A),
shall be se't back a minimum of 25 feet from the front lot line
(Brockway line).
Section 2: This ordinance shall not be construed in
those districts requiring a greater front set back than twenty-
five feet, as reducing the front set back requirement in those
districts.
Section 3: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
PASSED IN ~E6UL,~ SESSION, this 8th day of February,
A.D., 1955.
~TTEST:
/s/ ~t. D. Worthing
C'Ity Clerk
l?irst iteading: Jan 25 1955
Second and Pinal aeading: Feb 8 1955
Commissioner Strong moved that this Ordinance, No. G-201,
be passed and adopted on this second and final reading. Com-
missioner Allen seconded the motion which was uaanimously
cart ied.
City }lanager Lawson then read the following Ordinance.
m~DINANCE NO. 6-202
AN 0~{DINANCE of THE CITY CU}FFlISSION of
CITY 0F DELIiAY BEACH, I,'LOiilDA, AI~IENI)ING
OiLDiN}tNCE NO. 6-75 BY PItOVIDIN6 LOCATION
NUNBEaS l,'01t E~lClt TI~ ~r.,LYE AND ONE-HALF FELT
IN BUSINESS DISTitlCTS.
BE IT 0dDAINED BY 'rile CITY COMMISSION OF THE CITY OF
DELRAY BEACtl, FLOiilDA, AS I~DLLOWS:
Section 1: That Ordinance No. 6-75 of the City 0f
Delray Beach, Fl'orida, is hereby amended by the addition of
the following paragraph:
"Section 9: That within any Ousiness
District a location number shall be given each 12-1/2
feet by the Building Inspector."
Sectlon 2: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
244
FEBRUARY 8Tll· 1955.
PASSED IN itLGULAit SESSioN· this 8th day of February,
A.D., 1955.
/S/ W. J. Snow
Mayor
ATTEST:
/s/ 1[. D. Worthing
City ~lerk
First lteading: Jan 25 1955
Second and Final aeading: Feb 8 1955
Commissioner Allen moved that this Ordinance, No. 0-202·
be passed and adopted on this second and final reading. The
motion was seconded by Commissioner ~undy and unanimously
carried.
The ~ity Manager then reading the following Ordinance.
O~DiN~NCE NO. G-203
AN 01tDINANCE AI)0PTiNG AND ENACTING A NEW CODE
OF OitDINmNCES OF THE CITY OF DELRAY BEACtI·
FLOitlI)A; ESTABLI~;HING TIlE SANEi P,tOVIDING FOil
THE itLPEAL dF CEttTAIN OI/DINANCES NOT INCLUDED
TtiLt[EIN, EXCEPT AS tlEit.EIN EXPRESSLY P~tOVIDED;
P~tOVIDING Fot~ THE MA~ER OF AMENDING SUCH CoDE
oF OiiDINANCES; AND P~(oVIDING WIiEN TtiIS OitDINANCL
SHALL BECOME EFFECTIVE.
Now therefore, be it ordained by the City Commission of
the ~ity of I)elray Beach, klorida:
Section 1. That this ordinance· consisting of Chapters
1 to ~9, each inclusive· is hereby adopted and enacted as the
"Code of Ordinances of the City of Delray Beach"· and shall
be treated and considered as a new and original comprehensive
ordinance which shall supersede all other general and perma-
nent ordinances passed by the City Council· prior to August 24·
1954, except such as by reference thereto are expressly saved
from repeal or continued in force and effect for any purpose.
Section 2. That all provisions of such Code shall be in
full force and effect thirty days from date this ordinance be-
comes law and all ordinances of a general and permanent nature
of the City of Delray Beach enacted on final passage on or
before August 24~ 1954, and not in such Code or recognized and
continued in force by reference therein are hereby repealed
from and after the effective date of this ordinance, except as
hereinafter provided. That no resolution of the ~ity· not
specifically mentioned· is hereby repealed.
Section 3. That the repeal provided for in Section 2
hereof shall not affect any offense or act committed or done
or any penalty or forfeiture incurred or any contract or right
established or accruing before the effective date of this
ordinance; nor shall such repeal affect any ordinance or reso-
lution promising or guaranteeing the payment of money for the
City, or authorizing the issue of any bonds of the City or anv
~vidence of the City's indebtedness· or any contract or obliga-
tions assumed by the City; nor shall such repeal affect the
adJninistrative ordinances or resolutions of the ~ity Commission,
not in conflict or inconsistent with the pi-ovisions of such Code;
nor shall such repeal affect any right of franchise granted by
any ordinance dedicating, naming, establishing· locating· re-
locating· opening· paving, widening· vacating· etc.· any street
24:5
I~'LBI-i. UAiiY 8Tli · 19,55.
or public way in the city; nor shall such repeal afl'crt the
annual appropriation ordinance; nor shall such repeal affect.
any ordinance levying or imposing taxes, nor shall such repeal
affect ordinances prescribing through streets, parking pro-
hibitJons, parking limitations, one-way traffic, limitations
on load of vehicles, or loading zones, not inconsistent with
such Code; nor shall such repeal affect any amendment to the
zoning map; nor shall s~Ach repeal affect any ordinance establish-
ing and prescribing the street grades of any street in the city;
nor shall such repeal affect any ordinance providing for local
improvements and assessing taxes therefor; nor shall s~ch re-
peal affect any ordinance dedicating or accepting any plat or
subdivision in the city; nor shall it affect any ordinance extend-
ing the boundaries of the City; nor shall such repeal be con-
strued to revive any ordinance or p~,r*, thereof that has be~n
repealed by a subseq,Aent ordinance which is repealed by this
ordinance.
Section 4. .~ny and all additions or amendments to such
Code· when passed in such Form as to indicate the intention
of the City Commission to make the same a part thereof, shall
be deemed to be incorporsted in such ~ode so that reference
to the"Code of Ordinances ~F the City of Delray Beach" shall be
understood to include such additions and amendments,
Section 5. A copy of such ~ode shall be kept on File in
the office of the City Clerk, preserved in looseleaF Form· or
in such other Corm as the City Clerk m'~y consider most expedient.
it shall be the express duty of the City Clerk or someone
authorized by him, to insert in their designated places all
amendments or ordinances which indicate the intention of the
City Commission to make the same a part of such Code when the
same have been printed or reprinted in page f'orm, and to extract
From such Code all provisions which may be From time to time
repealed by the City Commission. This copy of such Code shall
be available For all persons desiring to examine the same and
shall be considered the official Code of Ordinance of Delray
Beach.
Section 6. In case of the amendment of any section of
such Code For which a ,enalty is not provided, the general
penalty as provided in section 1-6 of such Code shall apply to
the section as amended; or in case such amendment contains pro-
visions for which a penalty, other than the aforementioned
general penalty· is provided in another section in the same
chapter, the penalty so provided in such other section shall be
held to relate to the section so amended, unless such ~enalty
is specifically repealed therein.
Section 7. It shall be unlawful for any person, firm or
corporation in the City to change or amend by additions or
deletions, any part or portion of such Code, or to insert or
delete pages or portions thereof· or to alter or tamper with
such Code in any manner whatsoever which will cause the law of
the City of Delray Beach to be misrepresented thereby. Any
person, firm or corporation violating this section shall be
punished as provided in section 1-6 of the Code of Ordinances
of the City of Delray Beach.
Section 8. All ordinances or pttrts of ordinances in
conflict herewith are· to the extent of such conflict· hereby
repealed.
FEBRU~tY STII · 1955
Section 9. This ordinance shall become effective on the
thirtieth day after passage.
PASSED in itegular Session on second and final reading this
8th day of February, 195§.
/s/ w. j. Snow
Mayor
ATTEST:
/,s/ ii. D. Worthing
City Clerk
First Heading: Jan 25 1955
Second ~eading: Feb 8 1955
PASSED AND ADOPTED: Feb 8 1955
Commissioner Strong moved that this Ordinance', Ne. G-203,
be passed and adopted on this second and final reading. Motion
seconded by Commissioner Allen and unanimously carried.
Commissioner Sandy moved that Bills in the amount of
$37,179.53 be approved for payment subject to the approval of
the Finance Committee. hotion seconded by Commissioner Barrow
and unanimously carried.
Commissioner Allen moved that the application for Liquor
License in the Ben-Air Hotel be approved and granted. Motion
was seconded by Commissi,ner Barrow. Mayor Snow and Commis-
sioners Allen, Barrow and Sandy favored the motibn, Conm~issioner
Strong opposed.
Commissioner Strong moved that Nodern Roofing Co. of Fla.
be awarded the contract for the repair of the Civic Center
Bailding ~(oof, they being the low bidder'of two (2) bids
received:
Modern Roofing Co. of Fla. ~1200.00
321 S.E. 2n4 Ave., Oelray Beach
~cme ~oofing Company $1430.45
Box 643, itoca ~(aton
Plotion was seconded by Commissioner Sandy and unanimously
carried.
There followed a discussion regardin~ the Traffic Con-
ference to be held at the University of Florida and ii, was the
unanimous opinion of the City Commission that Judge John Adams
and Police Chief i[. C. Croft sho'~ld attend this meeting, and
that the necessary travel exnenses be made available from the
Police ~epartment Budget.
City N,nager Lawson read a letter· dated Feb. ?th, 1955,
from Mr. !ku. )i. Yo~ant, 'w},~,"~k',-ir: Mr. Yoattt exi~ressed a desire
£or annexation to 'the City of Delray Beach, Fla., of a parcel
of land owned by him and located in Section 8, Twp. 46S, ~ge.
4~E, and shown on Plat Book 23· l'g. 1~8. the City Attorney
was instructed to preps, re the necessary instruments Cot efreet-
ing annexati, n of the lands described in Nr. Ye,rat's letter.
City Nanager Lawson read a letter of resignation from
Nr. i~alph Priesmeyer, currer,t m~mber nC the Pain l~eaeh County
nesources Development !3oard, wherein Nr. PrJesmeyer stated
that unfort'lnately the meeting dates of the Board conflicted
with meeting dates of other organizations he is comm~itted to
and therefore fo~md it impossible to attend the Developmr;nt
Board meetings.
247
FLI~dU,~,C,' 8'rtl, 1955
Commissioner Strong moved to accept ~lr. Priesmeyer's
resignation with regret and requested that he be forwarded
a letter of appreciation for services rendered. 5lotion was
seconded by Commissioner Allen and unanimously carried.
The City ~lanager informed the Commission that the
Florida League of ~lunicipalities convenes at St. Petersb,~rg
on }larch 5th and 6th and recommended that as many as possible
from the City Government should attend.
}lotio~ was made by Commissioner Allen that the }layor
and City Clerk be authorized to execute the general release,
as written, pertaining to any and all liability of the
Frederick Dunn-ilankln auditing firm in relation to past
audits of t/~e City of Delray Beach, Florida, executed by said
auditing firm. This release incorporates a settlement of
~7,500.00 in'full payment of any and all liability held against
said Fred~erick Dunn-Rankin auditing firm by the City of Delray
Beach, Florida, ~otion was seconded by Co~missioner 'Barrow
and unanimously carried.
Commissioner Strong moved that "NO LI::FT TUitN" signs be
erected at each of the following intersections - Atlantic
Avenue where intersected by E 5th Avenue, 4th Avenue, 3rd Ave.,
2nd ~venue and. 1st Avenue. }lotion was seconded by Commissioner
Allen and unanimously carried.
}lr. ~illiam Pfundston inquired as to what action had been
taken on his request for deviation in connection .with intended
construction on N.E. Fourth Avenue, and was advised by Col.
Fabens, member of the Planning Board, who was present at the
meeting, that the request referred to the Planning Board by
the City Commission was incomplete and the Board was unable to
act upon it until further information was obtained. This in-
formation has since been furnished the Planning Board and
Col. Fabens advised that a meeting of the Planning Board is
scheduled for Saturday, Feb. 12th, 1955. The City Commission
informed Hr. Pfundston of its regret in the delay of process-
ing this request, which was in no way due to his negligence,
and that a Special }leering of the Commission would be held
upon receipt of the Planning Board's recommendation and that
he would be imraediately advised of the outcome thereof.
The City Attorney advised of having prepared Option Agree-
ments for execution relative to various parcels of land to be
purchased by the City for off-street parking lots, and recom-
mended the completion and execution of the following two items
at this time, and. further consultation with ~r. George 14arren
and the Chamber of Commerce Parking Lot Committee regarding
other available lots:
1. Lots 12, 13, 14, 15 and 16, Block 92 (Tuller Property);
2. Lot 17, Block 92 (Smallwood Property).
Con~issioner Allen moved that the City Attorney be in-
structed to effect execution of the Option Agreements, of
120 days duration, on the above identified properties and to
further consult with ~r. George ~/arren pertaining to possible
option agreements on other lots previously considered. }lotion
seconded by Con~.issioner Strong and unanimously carried.
The meeting then adjourned.
~kPP,~O VED:
}iayor
ATTEST:
City Clerk