01-13-69 JANUARY 13, 1969.
A regular meeting of the City Council of Delray BeaCh was held in
the Council Chambers at 8=00 P.M,, with Mayor J. L. Saunders in the
Chair, City M~nager David M. Gatchel, City Attorney G. Robert Fellows,
and Councilmen John L. Pitts, III, James H. Scheifley, James B. Wilson
and O. F. Youngblood being present.
1. An opening prayer was delivered by Rev. J. D. Edwards.
2. The Pledge of Allegiance to the Flag of the United States of America
was given.
3. The minutes of the Organizational meeting of January 6, 1969, were
unanimously approved, on motion by Mr. Wilson and seconded by Mr.
Youngblood.
4. There were no public releases.
5. Mr. Pitts mentioned the one-way traffic on North Ocean Boulevard
in the vicinity of the Beach Revetment repairs and asked if it would
be possible to open a one-way traffic lane, for north bound traffic
only, on through to 8th Street, which he felt would take care of a lot
of the traffic during the season that is now traveling the side streets
west of Ocean Boulevard,
Mayor Saunders said this item would be referred to the City Adminis-
tration.
5. Mr.' Wilson .saia'it was.his belief'several months ago that'the old
bar just.soUth"o~ the City SWimming. po°l properly on South OCean BOule-
yard was to be improved w~th a new front; furtherS'that he'sees no im-
Provement, aha the junk and trash there are anything but a credit to
one of the most prominent corners in the City. He said the intentions
of the oWner shoUld.be looked into and the place at least be cleaned up.
Mayor Saunders said that is another administrative matter, and asked
that the City Manager take care of same. ' " " "
5. Mayor Saunders read a PROCLAMATION proclaiming January 20%h thru" the
25th, 1969, as CHAMBER OF COMMERCE WEEK, urging the citizens and busi-
nessmen of this Community to support this worthwhile organization by
applying for membership.
'6.a. Concerning a survey of lands in violation of the City's nuisance
laws, presented by the City Manager, Mr. Youngblood moved that the City
Clerk be instructed to proceed with the enforcement of Chapter 15'of
the City Code of Ordinances, the motion being'seconded by Mr. Wilson
and unanimously carried.
(Copy of Nuisance Survey is attached to the official copy of these
minutes.) See pages 18-A-B.
6.b. COncerning appointment of a ~ember to the Planning and Zoning
Board to fill the unexpired term of Councilman James H. Scheifley,
expiration date of which is September 28th, 1971, City Ma~ager Gatchel
informed CounCil that said Board ~nanimously recommends for CoUncil
consideration the names of C. Spencer Pompey and Roy M. Simon.
Mr. C. 'Spencer Pompey was unanimously appointed as a member of the
Planning and Zoning Board to fill said unexpired termS-on motion by
Mr. ¥oungblood and seconded by Mr. Pitts.
6.c. City Manager Gatchel informed Council that .to cover cost of pro-
viding the Football Championship Trophies to Carver and Seacrest High
Schools, it is recommended that transfer of $573.00 be authorized from
the Contingency ACCount to CounCil Departmental Supplies Account No.
Said transfer of funds was unanimously approved, on motion bY Mr.
Wilson and seconded by Mr. Youngblood.
6.d. Concerning a request of Cambron Construction Company for reduction
of retainage, City Manager Gatc~hel informed Council as follows~
"With reference to contract between the City and Cambron Construc-
tion of Sewage Works Project, known as the SOUT~2%ST AR~A, the project
is approximately 69% complete, and the contractor has requested a re-
duction of retainage from the present 10 per cent to 5 per cent.
With the approval of the City's consulting engineers, Russell & Axon,
and concurred in by the Director of Public Utilities, it is recommended
that the request of Cambron Construction Company for retainage reduc-
tion from the current 10% to 5%, as is possible under the provisions
of Paragraph 7a, of the General Conditions contained in the original
contract (Page GC-13), be granted."
Mr. Wilson moved that said retainage be reduced from 10 per cent to
5 per cent as recommended by the City Manager, the motion being second-
ed by Mr. Youngblood and unanimously carried.
7.a. City Clerk Worthing informed Council that Mr. Rossmore Thatcher,
Jr., doing business as Crawfor~ Glass Corporation of Fort Lauderdale,
petitions Council for a gratis occupational license on the grounds of
being a Disabled Veteran of World War II~ further, 'in view of 'Proof
of Disability' concerning the applicant having been submitted with his
petition for exemption, it is recommended that the request be granted,
as set forth in the Laws of the State 'of Florida and Section 16-4 of
the City's Code of Ordinances.
Mr. ¥oungblood moved that said request be granted.
Mr. Wilson said he did not believe CounCil should automatically and
lightly grant licenses to people from out of the City unless they are
investigated thoroughly, as they are in competition to residents of
the City who pay taxes and license fees.
Mayor Saunders asked that the City Attorney research this item to
see if there can be some restrictions on issuing such licenses to
people who live within the City~ and that this be an agenda item for
the next meeting.
.?.b. The City Clerk ~nformed Council that Mr. Paul W. Ledridge, on be-
half of Brewster Atlantic Avenue, Inc., offers the following described
parcel of land to City for possible parking lot facilities~ Lots~ 1, 2
and 3, less the North 25 feet of Lot i & less the East 85 feet of Lot
3, Block C, John B. Reid's village.
The City Clerk read the following letter from Mr. Ledridge, dated
"This refers to our previous two letters of January 6 & ?,
1969, in which a large beachside tract of vacant la~ was
offered to the City.
My clients, Brewster Atlantic Avenue Inc.,now ~esire t~
offer the proposed parking area on an outright salebasis
under the following conditions - Sale price $200,000.00
InstalZment sale of $40~000.00 per year for 5 years
at 5% interest with no penalty for pre-payment.
Mechanics of closing in order for the City to have immediate
use are ~
$20,000.00 down, the customary 10% deposit, upon
execution of a Contract for Sale~
Closing on April 15, 1969 with a $20,000.00 payment.
The remaining balance of $160,000.00 payable $40,000.00 plus
5% interest on April 15, 1970.and $40,000.00 plus interest
on April 15 for the following 3 years."
The City clerk then read the following report from the Traffic and
Parking Committee, dated January 10, 1969:
"The offer of Brewster Atlantic Avenue Inc. was thoroughly
discussed and although some future possible use was forseeable,
there are too many critical areas in the City to recommend a
lease or purchase at this time. It was also pointed out that
there are three privately owned parking lots in the immediate
vicinity of the property being offered. A motion was made by
-2- 1-13-69
Mr. Kabler recommending the offer be declined as not being
feasible at this time. Seconded by Mr. Gent and carried."
Mr~ Pitts said he feels~that in five to ten years from now the pro-
blem of off-street 9arking will be coming before the Council, as it is
somewhat of a problem at this time, and although there is not enough
money to do all the things that are desired, he would like this item
explored a little further to ascertain if there is some possibility of
retaining it until money is availableo He then moved that Mayor
Saunders, the Administration, the Traffic and Parking Committee, and
Mr. Ledridge, meet and discuss this item prior to the termination of
the offer, in an effort to negotiate this on a basis that the City can
finance, and this be reported to Council for a workshop meeting and
Council action.
Mr. Wilson suggested that Mr. Pitts' motion be amended in that the
Council would have a workshop meeting on said item and that Mr. Ledridge
be invited to attend said meeting. Mr. Pitts agreed to the amendment,
and the motion was then seconded by Mr. Wilson, and unanimously c.arried,
Mrs. Dorothea Montgomery reviewed the number of parcels of land and
the cost of same to the City that have been purchased for off-street
parking west of the Intracoastal Waterway, and stressed the importance
of some provision being made for off-street parking east of the Intra-
coastal.
Mayor Saunders Said this 'item could be considered'at a workshop
meeting 'scheduled for'January 22nd~ which would be in time for same to
be on the agenda.of the next regular Council meeting.
7.c. City Clerk Worthing informed Council that Mrs, Jennie Lue Jones,
having acquired the business known as Checkerboard' Cafe, lOCated'at
37 S~. W. 5th AvenUe,"petitions for transfer of the'Beer License, C0n-
sumption on the premises-, PreViously'issued to Mrs. Ora Morrow (de-
ceased); further,'the applicant has'been approved by the Beverage De-
partment and the local law enforcement division, and it is recommended
'that' the request be granted.. · '
Said request for license transfer was unanimously granted, on motion
by Mr..YoungblO0d 'and seconded by Mr. Wilson.
7.d. City Clerk Worthing informed CounCil that the owners Of Ocean 'Beach
Lot 25'would like to exchange the south 20 feet of said lot for that
p0rtion~of Ingraham Avenue lYing between Ocean Boulevard' and Gle~Son
'Street, per letter dated.January 3, 1969, from property Investmehts Inc.,
Pompano Beach, Florida, representing Bayview Limited, owner of said Lot
25. (COpy of said January 3, 1'969, letter is attached'to the 'offi-
cial copy of ~hese minuteS~)
Mr. Wilson moved tha~t 'this request be referred to the' Planning and
ZOning Board for a thorough' analysis' and study and their recommendation
to Council, the motion being seconded by Mr. Scheifley and unanimously
carried.
7.e. The City Clerk infOrmed Council that Goodwill Industries request
approval for locating prefabricated "~drop Stations" on properties, com-
mercially zoned, from whose owners permission may be obtainable; fur-
ther, these stationS are for the purpose of receiving donation collec-
tions and, as shown on a sketch presented to Council, appear to'be_ of
a more attractive design than the one located'in the A & P Store park-
ing lot. He sa.id that Council may grant or deny this request; however,
'it is recommended that the .petition be referred to the Planning and
Zoning Bo-ard for review, determination o'f desired locations, and recom-
mendation tO CounCil as to the Board's findings.
MayOrsaunders suggested that there be a limit on the number of such
stations in the City.
Mr. Scheifley moved that the petition of Goodwill Industries be re-
ferred to the Planning and Zoning Board for~their recommendation, the
.motion being seconded by Mr. ~ilson and unanimousl~ carried.
8.do City Clerk Worthing presented RESOLUTION NO. 3-69.
A RESOLUTION OF TI~E CITY COUNCIL OF THE CITY 'OF DELRAY
BEACH, FLORIDA, ORDERING THE CONSTRUCTION OF A SIDEWALK~
FIVE (5) F~ET IN ~T/DTH, ON THE NORTH SIDE OF N. E. FOURTH
STREET BETWEEN NORTH S~rIRTON AVENUE AND N. E. SEVENTH AVE-
NUE, A DISTANCE OF APPROXIMATELY TWO THOUSAND TWO HUNDRED
(2200) FEET.
(Copy of Resolution No. '3-69 is attached to the official copy of these
minutes. ) See pages 18-C-D.
City Clerk Worthing informed Council that a public hearing on this
determined improvement, in compliance with Section 169 of the City
Charter, will be held by Council on January 2?th, at 8:00 P.M., at the
next regular CoUncil meeting, for the purpose of hearing objections, if
any, to such improvement and sharing of cost.
Resolution No. 3-69 was unanimously passed and adopted on this first
and final reading, on motion by Mr. Wilson and seconded by Mr. Youngblood,
8.b. The City Clerk presented ORDINANCE NO. '34-68.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANI~DIING CERTAIN PROPERTIES LOCATED IN
SECTION 8, TOI~NSHIP 46 SOUTH, RANGE 43 EAST, ALL OF WHICH
ARE LOCATED IN THE DELRAY BEACH RESERVE AREA.
(various street rights-of-way)
(Copy of Ordinance No. 34-68 is attached to the official copy of these
minutes.) See page 18-E.
There being no objection to Ordinance No. 34-68, said Ordinance was
'unanimously passe~ and adopted on this second and final reading, on
motion by Mr. Youngblood and seconded by Mr. Wilson.
8.Co City Clerk Worthing presented ORDINANCE NO. 35-68.
AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
CERTAIN LAND LOCATED IN SECTION 28, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING
THEREOF.
(Copy of Ordinance No. 35-68 is attached to the official copy of these
minutes.) See page 18-F-G.
The City Clerk also presented the following report from the Planning
and Zoning Boar~, dated January 9, 1969:
"After a ~iscussion of Mr. John Bargas' proposal for apartment
development, six members being present, the Board voted unani-
mously to recommend that Council grant approval to the petition.
The Board also recommends and requests that the two lots not in- ·
cluded in this tract of land petitioned for annexation be annexed
Following discussion, and there being no objection to Ordinance No.
35-68, said Ordinance was unanimously passed and adopted on this second
and final reading, on motion by Mr. wilson an~ seconded by Mr.
Youngblood,
8.d. City Clerk Worthing presented ORDINANCE NO. 1-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING ARTICLE I, CHAPTER 19, CODE OF
ORDINANCES OF THE CITY PERTAINING TO EXCISE TAX ON PROP-
ERTY INSURANCE PREMIUMS, AND APPROPRIATING THE MONIES
DERIVED FROM SUCH TAX TO THE PENSION FUND OF THE FIRE
DEPARTMENT OF THE CITY OF DELRAY BEACH, FLORIDA.
Ordinance No. 1-69 was unanimously placed on first reading, on
motion by ~. Yo~gb~ood an~ seconded by Mr. Wilson.'
./i . -4- 1-13-69
9.a. Concerning the Beautification Committee report and appointment
of members to that Committee, City Clerk Worthing reported to Council
as follows:
"Minutes of the Beautification Committee's meeting held on December
llth were attached to the Agenda, together with the Committeets Member-
ship Policy adopted by the Committee on December llth and which are
submitted for Council approval.
In addition to the Committee membership', appointed by Council on
January 6, 1969, the Committee further requests CoUncil approval, and
appointment of, additional members thereto as follOws= HONORARY CON-
SULTANT,-Mr. Charles Toth¢ and ACTIVE MEMBERS-: Messrs. John C.B°rdeman,
Kenneth Ellingsworth and Alfred L. Elliott;. Mrs. Harry Gerquest; and
Dr. Jack T. Odom."
Mr. Wilson moved to appoint the members as requested by the Beauti-
fication Committee and as read by the City Clerk, the motion being
seconded by Mr. Scheifley and unanimously carried.
Mr. Scheifley then moved that the Membership Policy as adopted by
the Beautification Committee on December 11, 1968, be approved, the
motion being seconded by Mr. Youngblood and unanimously carried.
City Clerk Worthing read the balance of the Beautification Committee
minutes of the December 11, 1968 meeting in which action was requested
on the following item:
"Mrs. Gerquest reported that the garden clubs, in commemoration of
their 30th Anniversary, would like to plant a tree on City property
on Arbor Day, January 17th. The Committee suggested the greatest need
would be' in the proposed Bon Aireprope~ty park,"
It was pointed out that said Bon Aire property would not be ready
for tree planting by the 17th of this month, but the Committee would
be given permission to plant a tree at the appropriate time.
Said Beautification Committee minutes also stated that the future:
meetings of 'said committee would be held the second Wednesday of each
monthat.3:30 P.M.
9.b. Concerning the Planning and Zoning Board report on a request for
exchange of land, City Clerk ~orthing reported~'to Council as folloWs:
"On NoVember 25, 1968, Council referred to the Planning Board a
request of J. Arnold Carter for abandonment of a portion of S. E. 5th
Street right-of-way in exchange for a comparable strip of land, which,
if accepted by Council, would provide a heretofore much needed public
right-of-way cofitinuation of S. 'E. 7th Avenue from S. E. 4th Street
southerly to 5th Street..
That part of S. E. 5th Street-lying between Federal HighWay (S.E.
6th Avenue) and the Intracoastal Waterway is 60 feet wide and dead
ends'at the Waterway.
The Planning and zonimg Board considered this request at its
December 17th meeting and recommends acceptance of a dedication from
the property owner of the east 40 feet of the west 307.6 feet of the
south half of Lot 10, Block 1, Osceola Park, in exchange for the north
30 feet'of that part of S. E. 5th Street lying adjacent to and east of
a southerly extension of the east line of said 40. foot. strip to. be ded-
icated to the City for public right-of-Way purposes. These parcels of
land involved were shown on a sketch which accompanied the agenda to
you gentlemen, and council may deny this request or sustain the rec-
ommendation of the Planning and Zoning Board in approving the exchange.
Should it be the pleasure of .Council to. sustain the Board's recommen-
dation, legal documents, to so provide, will be prepared'and prior to
submitting them for authorization of execution will be submitted to
the City Attorney for approval."
During discusSion, reference was made to a possible agreement by
the owner of said property for landscaping of a small portion of the
property 'that woUld be cut off from the main property bY the extension
of S. E. 7th Street.
Mr. Scheifley moved that the recommendation of the Planning and
Z'oning Board be accepted, the motion being seconded by Mr. Wilson'and
unanimously carried.
-5- 1~13-69
10.a. Mrs~ John Gill was present concerning a proposed ordinance
which would give more control over dogs, and Mayor .Saunders asked that
the City Manager and City Attorney prepare said proposed ordinance for
Council consideration at the next regular meeting if possible.
10.b. The City Clerk read the following minutes of the Traffic and
Parking Committee meeting of January 10, 1969:
"Due to the increasingly critical traffic situation on Atlan-
tic Avenue,. the.~COmmitteo feels.it necessaryto'apprise the new'
Council of a previous recommendation concerning the opening of
S. E. 1st Street across the F.E.C. Railroad.
'The Atlantic Avenue traffic situation %as discussed
by the committee and it was determined by the members
that the one most important factor in relieving the
situation was the opening of S. E. 1st Street across
the Fo E C. Railroad. It was moved by Mr Gent to
recommend this project be given top priority and ac-
complished at the earliest possible date. Seconded
by Mr. Ellingsworth and carried unanlmou ly.
The offer of Brewster Atlantic Avenue Inc. was thoroughly dis-
cussed and although some future possible use was forseeable,
there are too many critical areas in the city to recommend a
lease or purchase at this time. It was also pointed out that
there are three privately owned parking lots in the immediate
vicinity of the property being offered. A motion was made by
Mr. Kabler recommending the offer be declined as not being
feasible at this time. Seconded by Mr. Gent and carried.
The Committee Chairman was instructed to request a workshop
meeting with the City Council to present our views on an over-
all downtown traffic plan."
Mr. Scheifley said that before a workshop session is held on this
item it seems there' should be cost estimates, and a more comprehensive
recommendation in relation to the possibility that North and South 2nd
Streets would be the main thoroughfares for east-west traffic.
Mayor Saunders asked that the City Manager and City Engineer pre-
pare that information, and when same is ready a workshop meeting can
be held on that item.
10.b. Mayor Saunders referred to a letter he had received from Mr. V.
Bhagodia of Bombay, India, outlining that he wanted to display his
exhibition of several hundred selected photographs and paintings in
the City on January 30th, 1969, on the occasion of Mahatma Gandhi's
death anniversary.
The request for said display of the Exhibition of Mr. Bhagodia was
unanimously turned down, on motion by Mr. Wilson and seconded by Mr.
Scheifley.
10.b. Mayor saunders reported he had received a request froma lady
who lives at 208 S. W. 1st Avenue concerning the possibility of anothe=
street light on S. W. 1st Avenue, as she has been the victim of two
robberies during the past few months.
It was pointed out that this is an administrative matter, and the
CityManager would investigate same.
10.c. City Clerk Worthing presented Bills for Approval as follows:
General Fund $ 118,299.97
Water Operating & Maintenance Fund 7,949.55
Cigarette Tax Fund 7,522~00
Utilities Tax Revenue Fund 1,550.00
The bills were unanimously ordered paid, on motion by Mr. Youngblood
and seconded by Mr. Wilson.
The
18-A
PROPERTIES IN VIOLATION OF ORDINANC~ NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
CITY
OWNER AND A DR,.ES__S O ERTX DESCRI ON COD__
1. Bayview Limited Ocean .Beach .Lot 25. 15-3
c/o Hallett, Whitney & Patton (202 S. Ocean Boulevard)
Hamilton, Bermuda 15-4
2. Marguerite Smith South 50 feet of W 67.5 feet 15-3
104 N. W. 9th Avenue of East 217.5 feet of South &
Delray Beach, Florida 33444 % of North % of Lot 6, Section 15-4
17-46-43. (Maggie Rolle, 6-K-2)
(1013 N. W. 1st Street).
3. Kate Bryant (Life Estate) Lot 13, Paradise Heights. 15-3
205! N. W. 3rd Street ( 350 N. W. 6th Avenue) &
Ocala, Plorida 32670 15-4
Julius Ceasar & jelena
Stafford
P. O. Box 1621
Ocala, Florida 32670
4. Lens B. & Georgia B. Brunner Vacant part of Lot 13, 15-3
74 ~. W. 5th Avenue Block 39. &
Delray Beach, Florida 33444 (222 S. W. 3rd Avenue) 15-4
5. Clarence C. Mitchell Vacant part of Lot 8, South 15-3
R. F. D. %3, Box 6lA ½ of Block 38. &
Quincy, Florida 3.2351 (136 S. W. 3rd Avenue) 15-4
or
c/o Esther Mae Bain
6621 W. University Avenue
Chicago, Illinois 60637
6. Myrtle L. Williams West portion of Lot 9, South 15-3
818 27th Avenue % of BlOck 38. &
Seattle, Washington 98122 (134 S. W. 3rd Avenue) 15-4
7. Beulah Evans Hunter Vacant part of Lot 11, South 15-3
127 S. W. 4th Avenue ½ of Block 38.
Delray Beach, Florida 33444 (127 S. W. 4th Avenue) 15-4
8. R. V. & Rosa B. Brinkley Vacant part of North 53.05 · ..~ ' 15-4
134 S. W. 7th Avenue feet of South 206.10 feet of
Delray Beach, Florida 33444 West 126.44 feet of East 151.44
feet of Block 6. (134 S.W. 7th Ave.)
9. Rosa Williams West ~ortion of Lot 19, 15-3
302 Washington Avenue Block 2, Odmanns. &
Delray Beach,. Florida 33444 (48 N. W. 14th Avenue) 15-4
10. Lena Slone Vacant part of Lot 31, 15-3
c/o Marine Maddox Palmetto Square. &
117 S. W. 12th Avenu~ (49 N. W. 15th Avenue) 15-4
Delray Beach, Florida 33444
11. Ernest & Lottie Ervin Vacant part of Lot 32, 15-3
53 N. W. 15th Avenue Palmetto Square. &
Delray Beach, Florida 33444 (53 N. W. 15th Avenue) 15-4
1-13-69
18-B
Page 2. Nuisance L~st.
CITY
...OWNER AND .ADD~RESS PRO_PERTY DESCRIPTION _CODE
12. Annie williams, Annie Grace Vacant part of South 50 feet 15-4
Russell & Edith Russell of North 150 feet of West
133 S. W. 6th Avenue 135 feet of South ½ of
Delray Beach, Florida 33444 Block 22. (7)
(133 S. W. 6th Avenue)
~3. Laura Sims Estate North 6! feet of South 156 15-4
c/o Vivian Cooper feet of 'East 135 feet of'.South
126 S. W.~ 5th Avenue half of .Block 22. (16)
Delray'Beach, Florida 33444 (138 S~ W. 5th Avenue)
Violations 15-3 and 15-4 as concerns this report are as follows:
"1. 15-3 - Debris
15-4 - Heavy undergrowth
15-3 - Debris
15-4 - High weeds and undergrowth
3. 15-3 - Debris
15-4 - High weeds and undergrowth
4. 15-3 - Debris
15-4 - High weeds and undergrowth
5. 15-3 - Debris
15-4 - High weeds and undergrowth
6. 15-3 - Debris and old-lumber
15-4 - High weeds and undergrowth
7. 15-3 - Debris
15-4 - High weeds and undergrowth
8. 15-4 - High weeds~.
9. 15-3 - Debris
15-4 - High weeds and undergrowth
15~3 - Debris
15-4 - High weeds andundergrowth
11. 15-3 - Debris
15-4 - High we~ds and undergrowth
12, 15-4 - High weeds and undergrowth
13. 15-4 - High weeds and undergrowth
Submitted to the City Council by the City Manager on ~
this the 13th day of January, 1969. i'
18-C
R~OLUTION NO. 3-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ORDERING THE CONSTRUCTION
OF A SIDEWALK, FIVE (5) FEET IN ~IDTH, ON THE
NORTH SIDE OF N. E. FOURTH STREET BETWEEN NORTH
SWINTON AVENUE~ AND N. E. SEVENTH AVENUE, A DIS..
TANCE OF APPROXIMATELY TWO T~OUSAND TWO HUNDRED'
(2200) FEET.
WHREEAS, the City Council of the City of Delray Beach,
Florida, did, on the 23rd day of December, 1968, adopt a.Resolution
requiring the City Manager to prepare plans, specifications and an
estimate of cost for the construction of a sidewalk, five (5) feet
in width, on the North side of N. E. Fourth Street between North
Swinton Avenue and N. E. Seventh Avenue, a distance of approximately
two thousand two hundred (2200) feet, and requiring said plans, spec-
ifications and estimate of cost of such improvement to be placed on
file in the office of the City Manager, and
WHEREAS, the City Council deems it to be necessary for the
safety and convenience of the public to make the above ~escribed im-
provement.
NOW, THEREFORE, BE IT RESOLVED by the City. Council of the
City of Delray Beach, Florida, that it is determined to make the
following described improvement, to-wit:
CONSTRUCTION OF A SIDE~ALK, five (5)' feet in
width on the North side of N. E. Fourth Street
between North Swlnton Avenue and N~ E. Seventh
Avenue, a distance of approximately two thousand
two hundred (2200) feet, the total cost, as esti-
mated, for such ~im~rovement being $6,000.00.
BE IT FURTHER RESOLVED that the entire cost of such improve-
ment shall be shared by the City of Delray Beach, Florida, and the
following described properties in Delray Beach, Palm Beach County,
Florida, on a basis of the City of Delray Beach paying fifty (50)
percent of the cost of said improvement and the abutting property
owners, said properties shownbelow, paying fifty (50) percent of
said total cost, by Special Assessment.
SUB_ ~DIVISION BLOC. K LOT
Del-Ida Park 6 4
" " " 6 5, 6 and 7
" " " 6
" " " 6 10 and 11
" " " 6 12
Del-Ida Park 7 4
" " " 7 5
" " " 7 6, 7, 8 and 9
Del-Ida Park 13 1
Drinkwater Add. -- 9 less East 10 ft.
Haller&. Grootman's -- 9 less West 10 ft. R/W.
" " --' 10 less East 5 ft.
" " -- 27 less West 5 ft.
" " -- 28
18-D
Page 2. P. ESOLUTION NO, 3-691. ,
BE IT FURTHER RESOLVED that said special assessments against
all the lots and lands as set forth herein which are specially bene-
fitted, shall be and remain liens superior in dignity to all other
liens, except liens for taxes, until paid, from the date of the as-
sessment upon the respective lots and parcels of land assessed, and
which shall bear interest at the rate of eight (8) percent per annum,
and which may be paid in three (3} equal yearly installments with
accrued interest on a11 deferred payments. Payments shall be made
at the same place that taxes payable to the City of Delray Beach,
Florida, are paid, namely at the office of the City Tax Collector,
and upon failure of any property owner to pay any annual installment
due, or any part thereof, or any annual interest upon deferred pay-
ments, the City of Delray Beach may bring necessary legal proceedings
by a Bill in Chancery to enforce payment thereof with all accrued in-
terest 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 Council shall sit in the City
Hall in the City of Delray Beach, Florida, at 8:00 P.M., on January
27, 1969, for the purpose of hearing objections, if any, on said
proposed improvement as set forth herein.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, on this the 13th day of January, 1969.
/s/ ~.D.-SauDders
MAYOR
ATTEST:
/S/ R. DQ Worthing City Clerk
18-E
ORDINANCE NO. 34-68.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING CERTAIN
PROPERTIES LOCATED IN SECTION 8, TOWNSHIP 46
SOUTH, RANGE 43 EAST, ALL OF WHICH ARE LO-
CATED IN THE DELRAY BEACH RESERV~AREA.
WHEREAS, the City Council of the City of Delray Beach, Florida,
has previously been authorized to annex properties owned by Govern-
mental agencies for which and upon which no taxes are levied, with
or without the consent of the owner; and
WHEREAS, the City Council of the City of Delray Beach deems it
necessary, and in the best interests of the City, to annex certain
contiguous road rights-of-way for the purpose of traffic control,
road maintenance, and providing for annexation of properties abutting
thereon as petitioned for by owners of such properties:
NOW, ~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Council of the City of Delray Beach hereby
annexes the following described properties to said City:
1. The East twenty-five (25) feet of the S. E. Quarter of
Lot 2, Section 8, Township 46 South, Range 43 East, accord-
ing to plat thereof recorded in Plat Book 1, Page 4 of the
public records of Palm Beach County, Florida;
2. Ail public avenues, drives and Streets as appear on
Amended Plat of Lake Ida Gardens less that portion that
was annexed to the City on June 24, 1968, by Ordinance
No. 17-68, according to plat thereof recorded in Plat
Book 23, Page 192 of the Public Records of Palm Beach
County, Florida.
3. All that portion of N. W. 6th Avenue as appears on Plat
of LAKE IDA MANOR, according to plat thereof recorded in
Plat Book 23, Page 138 of the public records of Palm Beach
County, Florida; and
4. The East twenty-five (25) feet of the N. W. Quarter of
Lot 3, Section 8, Township 46 South, Range 43 East, accord-
ing to plat thereof recorded in Plat Book 1, Page 4 of the
public records of Palm Beach County, Florida, previously
dedicated for public right-of-way purposes as provided on
original plat of LAKE IDA GARDENS-PLAT 2, recorded in Plat
Book 14, Page 25 of the public records of Palm Beach County,
Florida.
Section 2. The corporate limits of this City are hereby amended
to include the aforedescribed properties.
PASSED AND ADOPTED at a regular meeting of the City COuncil of
the City of Delray Beach, Florida, on second reading this 13th day
of January , 1969.
/S/ J. L. Saunders
MAYOR
ATTEST:
AS/ R. D. Worthing City Clerk
First Reading Decem~ 23.~.. 1968 Second Reading January 13, 1969
18-F
ORDINANCE NO. 35-68.
AN oRDINANCE OF THE CITY COUNCIL' OF THE CITY 'OF .'
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 28,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AND PROVIDING FOR T~
ZONING THEREOF.
WHEREAS, BENJAMIN R. HOXSIE and ALM~DA P. HOXSIE, his wife;
ROBERT E. HOWARD; WILLIAM PURCELL and TRIESTE CONSTRUCTION CORPORATION,
are the fee simple owners of the property hereinafter described, and
WHEREAS, BENJAMIN R. HOXSIE and ALMEDA P. HOXSIE, his wife;
ROBERT E. HOWARD; WILLIAM PURCELL and TRIESTE CONSTRUCTION CORPORATION,
by their petition, have consented and given permission for the annex-
ation of said property by the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been au-
thorized to annex lands in accordance with Section 185.1 of the City
Charter of said City granted to it by the State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE 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, hereby annexes to said City the
following described land located in Section 28, Township 46 South,
Range 43 East, Palm Beach County, Florida, which lies contiguous to
said City, to-wit:
par. ce1 No. 1.
Lots 1 and 2, Block 1, and all of Block 2, except
Lots 4 and 17, First Addition to Del-Raton Park,
according to the Plat thereof on file in the office
of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 24,
Page 46; and
.?arcel...No ~ 2..
The East half (E%) of Lot 5, less the West 281 feet
thereof;
The Northeast Quarter (NEb) of Lot 6, less the West
281 feet thereof;
The North 35 feet of the Southeast Quarter (SE%) of
Lot 6, less the West 281 feet thereof.
Parcel No. 2 being described according to the sub-
division of Section 28, Township 46 South, Range
43 East as shown and recorded in Plat Book 1, Page
4, Sheet 1 of 2 sheets, Palm Beach County Public
Records.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
scribed tracts of land, and'said.lands are hereby declared to be'with-
in the.corporate limits of the City of Delray Beach, Florida.
18-G
Page 2. ORDINANCE NO. 35-68.
Section 3. That the tracts of land hereinabave 'described
are hereby declared to be in Zoning District RM-1 as defined by exist-
ing ordinances of the City of Delray Beach, Florida.
Section 4. That the lands hereinabove described shall im-
mediately become subject to all of the ·franchises, privileges, im-
munities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be, and per-
sons residing thereon shall be deemed citizens of the City of Delray
Beach.
Section 5. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of compe-
tent jurisdiction, such record of illegality shall in no way affect
the remaining portion.
Passed in regular session on the second and final reading
on the 13th day of January , 1969.
/S/ J. L. Saunders
MAYOR
ATTEST:
City Clerk
First Reading December 23,_ ~9~
Second Reading January.13, 1969