01-27-69 January 27, 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 Manager 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 the Rev. Donald Waldron.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
K. Mayor Saunders welcomed and introduced former Councilman James H.
lurney and his wife.
·-~3. The minutes of the regular' Council .meeting. Of January 13,. 1969, were
unanimously approved, on motion by Mr. Wilson and seconded by Mr.
Youngblood.
4. City Clerk Worthing read the following letter from the Assistant
Regional Administrator of the Department of Housing and Urban Develop-
ment, dated January 20, 1969=
"This relates to your applicat£on currently under review in th~s
office for a Public Facility Loan to finance construction of proposed
storm drainage facilities.
Funds for the administration of the construction loans program
are severely limited this fiscal year, and at the present time we
have a backlog of applications far exceeding availabIe funds, As a
result of this funds shortage, it is very doubtful that we will be
able to favorably consider your application during the current fiscal
year which runs through June 30, 1969.
Because we realize the importance of the proposed project to
your community, we are advising you of this situation so that the
City may proceed with other means of financing construction, if it so
desires. Your application will be maintained in our active files~
however, if private financing is arranged ~or the project, please let
us know so that the application may be withdrawn and related documen-
tation returned to you.
Inasmuch as your application for a Water and Sewer Facilities
Grant is ~contingent on a construction loan, we are unable to consider
definitive action on the grant application at this time. Should
private financing be secured for the loan portion of the proposed
project, please advise us so that your grant application may be re-
evaluated. It should be emphasized, however, that no assurances of
~ubsequent approval can be given.
Should there be questions with which you feel we may be helpful,
please let us know."
4. The City Clerk read the following letter from Mr. Hilliard W. Paige,
Vice-President 'of the General Electric Company of Valley Forge, Penn-
sylvan ia:
"I would like to commend you and the Delray Beach City
Council on the excellence of your tennis pros, Mr. and
Mrs. Charles Turber. Their work at the courts is of the
highest quality~ whether it is setting up matches, assisting
tourists who want lessons, or encouraging youngsters who are
enrolled in their excellent children's program.
In my eighteen years of visiting in your area I have
played with and taken lessons from the pros at Silver Thatch,
the Boca .Raton Club, as well as at your own tennis center.
The tennis ~which you now have at Delray under the Turber's
is the best that ! have found in all these years."
20.
Mayor Saunders asked the City Manager to convey this commendation
to Mr. & MrS. Turber.
5. Mr. Pitts referred to the letter just read by th~ City Clerk from
the Department of Housing and Urban Development, and suggested that said
item be considered at an early workshop meeting and the Southwest
Drainage Program be reviewed in an attempt to get that work started.
5. Mr. Wilson reported that the trash and debris had been cleaned
away from the property just south of the municipal .pool building .on
SoUth.'Ocean Boulevard and it gives a much better appearance.
5. Mr. Wilson mentioned the Beach Cabana Concession at the Beach and
suggested an early workshop meeting to review the entire situation
relative to the Cabanas, the number, existing lease, placement, and
the lack of desirability of letting them be erected on the green strip
of grass adjacent to the promenade~
6.a. Concerning appropriation of funds from the Contingency Account,
the City Manager informed CoUncil that the State Road Department ap-
proval for regulat$on traffic lights at the intersections of North and
Southbound Federal Highways with N. E. 2nd Street has been received.
Further, for updating of the traffic light equipment at those inter-
sections, and providing for traffic actuation of the signals, in con-
formance with State Road Department requirements, authorization is
requested for transfer of $1,600. from the C°nt~ngency Account to
Traffic Engineering to cover the cost of needed~ilequipment.
Mr, Scheifley moved to approve said transfer of funds, the motion
being seconded by Mr. Wilson and unanimously ca~ried.
6.b. Regarding traffic light installations on N. E. 4th Street, the
City Manager informed Council that the State Road Department, recog-
nizing the need for traffic signal lights on N. E. 4th Street, at its
intersection with, North and Southbound Federal Highways, has recently
approved such installations. Further, No E. 4th Street, being a direct
route to the. Post Office Complex from the general area east of the
F. E. C. Railroad between Atlantic Avenue and N. E. 8th Street, is
rapidly developing into a major traffic artery within that described
area, and Council consideration for providing traffic actuated signal
lights at those intersections is requested. He reported that the
estimated cost for such lighting installation is $4,000.00, also that
the balance at this time in the Contingency Account is approximately
$30,000.00 out of an original $50,000.00 with eight months remaining
in this fiscal year and that he cannot recommend a transfer of that
amount of money from that account at this time.
The City Manager said if Council directed it, he would be glad to
contact Mr. John Wilson of the Fort Lauderdale State Road Department
Office, to see if there is any chance of putting this off.and still
maintain the current status of the approval they have' given the City.
Mayor Saunders suggested that approval.be requested for traffic
lights at the interSections.~of-S.~B. 2nd Street. with 5~h a~d 6th
AvenueS..
Following discussion, Mr. Scheifley moved that the City Manager
be instructed to seek permission for an extension of said permit, and
present the financial facts, until such time as Council can'consider
this item in the new budget. The motion was seconded by Mr. Wilson
and carried ~nanimously.
6.c. The City Manager presented a proposed ASSESSMENT ROLL for con-
struction of sidewalks on the North side of S. E. 3rd Street on a
portion of the area between S. E. 3rd and 4th Avenues, and on the East
side of Venetian Dr~ve commencing at Miramar Drive and extending
norther!y therefrom to the previously existing sidewalk, a distance of
447.05 feet. (C~py of said ASSESSMF~NT ROLL is attached to the official
copy of these minutes.} Said proposed Assessment Roll was unanimously
approved, on motion by Mr; Youl%gblo~.d: and seconded.*. ,. .bY,. ~ 'Mr ' Wilson. See2~
6.d. Regarding an extension of time to the Cambron Construction
Company's contract, City Manager Gatchel informed Council as follows:
"With reference to the contract with Cambron Construction Company,
dated June 18, 1968, for Sewage Works Project in the Southeast Area,
and due tO -
1. Additive Items which were added after award of contract~
2. Breakdown of equipment over which the contractor had no
contro 1;
3. Inclement weather,
an extension of time for completion of the contract, in the ~mount of
39 days, is requested,.
With the concurrence and approval of the City's consulting engi-
neers, Russell & Axon, a time extension of 39 days, affecting said
contract, is recommended, which will result in official completion
date thereof being February 28, 1969."
The request of the Csmbron ConstFUCtion Company for a 39-day
extension of time to their contract was unanimously approved, on motion
by Mr. Youngblood and seconded by Mr. Scheifley.
6.e. The City Manager reported that the Florida League of Municipal-
ities Eighth Annual Conference for City officials and City Attorneys
will be held in Orlando, Florida, on March 2, 3 and 4, 1969, and. that
Mayors, Councilmen, City Attorneys and City Officials are urged to
attendL further, early determination of local representation should
be provided as soon as convenient in order to assure desirable accom-
modations.
6.f. Concerning the City's F. iscal Agents, the C~ty Manager informed
Council that the Pressprich Corporation, under date of December 30,
1968, has advised that it will discontinue its office ih Miami as of
December 31, 1968, and as of that date, release any obligation of the
City of Delray Beach to the Corporation, and declares all the provisions
as contained in the original agreement between the City and the Corpo-
ration, with respect to the financing of capital improvements by issu-
ance and sale Of $600,000 Utilities Tax Revenue Certificates,. terminated
with respect to The Pressprich Corporation, also that it is recommended
that confirmation of the termination be authorized in .acknowledging
acceptance of this notice of discontinued operation of the Corporation's
Miami office.
The confirmation of said termination was unanimously authorized,
on motion by Mr. Wilson and seconded by Mr. Youngblood.
6.g. Regarding continued financial consultant services, City Manager
Gatchel reported to Council as follows..
"Mr. Robert H. Cook, Mr. Stanley E. Ross and other personnel pre-
Viously associated With The Pressprich Corporation, have become affil-
iated with Rmynolds & Company's Florida Municipal Bond DePartment, and
Member of the New York Stock Exchange.
Mr. Stanley E. Ross, on behalf of Reynolds & COmpany, has expressed
desire to assume continued responsibility as financial consultants to
.the City as provided in the original agreement,_ dated October 2, 1967,
through services under the direc, tion of Messrs. Cook and Ross (ex B. J.
Van Ingen & Co., Inc./PresSprich Corporation representatives), under
.the same terms and COnditions set forth in said agreement.
In view of the excellent and valued services of Messrs. Cook and
Ross, as financial consultants to the City over the past many years,
it is recommended that continuation of this agreement be extended to
ReynOlds & Company." It was so moved by Mr. Youngblcod, seconded by
Mr. Wilson and unanimously carried.
7 .a. The City Clerk informed Council that a petition from Mr. Rossmore
Thatcher, Jr., for a gratis license due to disability, was submitted
to Council at its last regular meeting and referred to the City Attorney
for review and recommendation~ further, as reflected in the re~ort the
City Attorney forwarded to Councilmen under separate cover, this re-
quest should be denied inasmuch as a gratis license has been issued
said applicant in another county, being that of his residence, and
therefore, 'as provided in Florida Statutes 205.171, he is not exempt
from Occupational License Tax in any other County and it is recom-
mended that this petition be denied.
The petition for a gratis license by Mr. Thatcher was unanimously
denied on the basis of said legal opinion, on motion by Mr. Scheifley
and secoDded by Mr. Wilson.
?.b. The City Clerk informed Council that the Carver High School
Boosters Club requests use of the. Community Center gymnasium and k.~tchen
areas on February 3, at ?=30 P.M., for the purpose of providing a ban-
quet, honoring Carver High School's State .Championship Football Team~
further, such usage of those facilities has been determined not in con-
flict with any Center programming and, with the approval of the
Recreation Director, it is 'recommended that the request be granted.
Said request was unanimously granted, on motion by Mr. Youngblood
and seconded by Mr. Wilson.
7.c. City Clerk Worthing informed Council that the Final Plat of Lake
Eden Subdivision, Plat No. 1, is submitted for approval, the Prelimi-
nary Plat thereof having been approved by Council in 1964, and the
developer, the Grimes Manufacturing Company, having now extended water
and .sewer lines therein. Further, acceptance and approval of this
plat is recommended, subject to certification of the City Engineer
that all improvements within the subdivision have been provided in
accordance with the City's requirements and 'regulations.
The Final Plat of Lake Eden Subdivision was unanimously a~roved
subject to the certification of the City Engineer that all improvements
within the subdivision are in accordance with the City's requirements
regulations, on motion by Mr. Wilson and seconded by Mr. Youngblood.
7.d. City Clerk Worthing informed Council that the Trinity Lutheran
School, by Mr. L. C. Jander, Principal, requests the use of the Com-
munity Center's Gymnasium on Friday evening, May 9, 1969, for presenta-
tion of a student play~ further~ sUch usage has been determined not to
conflict with any Center progran~ning and, with the approval of the
Recreation Director, it is recommended that the request be granted.
Said request was unanimously granted, on motion by Mr. Youngblood
and seconded by Mr. Wilson°
7.f. Concerning use of the Community Center Gymnasium, City Clerk
Worthing informed Council that an application has been received from
a group known as the FAU Club, constituting 'a'basketball team, ~dev~lop~
ed .from the intramural'program, but is not an official college entry
of Florida Atlantic University, nor does it receive any funds from the
student act~'vity fund~ however, the team does play in an organized
league in this general area, and its request ~or use of..the, gymnaeium
from 6=00 P.M. until 10 P.M., February 1st, 6th, and 15th is recom-
mended be granted subject to no admission being charged nor donations
solicited and that such usage of the gym will in no manner conflict
with the Center's progran~ning.
Approval was granted for use of the Communty center Gymnasium by
the FAU Club, on motion by Mr. Scheifley and seconded by Mr. Youngblood.
8.a. City Clerk Worthing said that Council did, on January 13th, adopt
a resolution expressing its intent to cause construction of a sidewalk
on the North side of N. E. 4th Street between Swinton and N. E. 7th
Avenues, said resoiutiOn identifying the abutting properties, estab-
lishing the sharing of construction costs, and providing for a ~ublic
hearing to be held at this time for the purpose of hearing objections,
if any, to said determined improvement; further, subject to insufficient
objections being received, the following resolution is submitted for
Council consideration =
RESOLUTION NO. 4-69.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PROCEED WITH THE CON-
STRUCTION OF A SIDEWALK, FIVE FEET IN
WIDTH, ON THE NORTH SIDE' OF No E. FOURTH'
STREET BETWEEN NORTH SWINTON AVENUE AND
N. E. SEVENTH AVENUE, A DISTANCE OF AP-
PROXIMATELY TWO THOUSAND TWO HUNDRED FEET.
Mr. Robert A. Pursley informed COuncil that he owns the dupl.,x~-
on the northeast corner of N. E. 4th Street and 3rd Avenue,- and that
he objects to the construction of the sidewalk on account of the cost
of same, it caUsing more traffic on that side of the street, also that
he does not consider it good to spend the money for sidewalk construc-
tion on N. E. 4th Street as it is a proposed access road for 1-95.
Mr. H. Ben Adams, representing Mrs. C. J. Manson who owns five
lots abutting the proposed sidewalk construction, asked Council if it
plans to condemn, any property for said construction. He asked if he
may see the plans .for the location of that Sidewalk, how wide the pave-
ment will be and if there are any trees, fences,, etc. to be moved
WOuld they. be moved 'back and replace~ at City expense and if the street
will be paved uP t'o the sidewalk.
The City Engineer said the location of the sidewalk in that area
has not been finally determined but he does not believe it will disturb
any of the trees, and there is no present provision for widening that
street.
Mr. Adams asked for a survey of the proposed construction in that
area, and the City Engineer said the plans had not been.completed but he
would be pleased to show Mr. Adams the plans and to go to-the 4th
Street location with him.
Mayor Saunders suggested that Resolution No. 4-69 be tabled until
the next Council meeting, for more facts to be obtained on the pro-
posed sidewalk. (Attached to the February 10, 1969 minutes.)
8.b. City Cl~rk Worthing presented RESOLUTION NO. 5-69.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING THE NORTH 30 FEET OF THE
EAST 127.4 FEET OF SOUTHEAST 5TH STREET
(OSCEOLA STREET) IN BLOCK 1, OSCEOLA PARK~
DELRAY BEACH, FLORIDA, AS APPEARS IN PLAT
BOOK 3, PAGE 2, PUBLIC RECORDS OF-PALM
BEACH COUNTY, FLORIDA, AND THE APPARENT
CUL-DE-SAC LYING IMMEDIATELY NORTH THHRE~
OF AS APPEARS ON SAID PLAT.
(Copy of Resolution No. 5-69 is attached to the official copy of
these minutes.) See page 26-C.
The City Clerk said that subject to Council adoption of this
Resolution No. 5-69, authorizat.ion is requested 'for"execut&on of a Quit-
Claim Deed, to the abutting property owner, for the abandoned strip
of land.
Mr. Youngblood moved that Resolution No. 5-69 be passed on..'.this
first and final reading, on the condition that all Stipulated require-
ments are met, the~.motion being seconded by Mr. Wilson-and unanimously
carried.
-5- 1/27/69
8.c. City Clerk Worthing presented RESOLUTION NO. 6-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND ABAN-
DONING PORTIONS OF ALLEYS IN BLOCK 17, DEL-
RATON PARK SUBDIVISION, CITY OF DELRAY BEACH,
FLORIDA.
(Couy of Resolution No. 6-69 is attached to the official copy of
these minutes.) See page 26-D.
The City Clerk said it is recommended that this Resolution be
adopted, together with authorization for execution of a Quit-Claim
Deed, to the abutting property owner, for the abandoned alleyways.
It was so ~oved by Mr. Pitts, seconded by Mr. Wilson and unani-
mously carried..
8.d. The City Clerk presented RESOLUTION NO. 7-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY~ SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE-
PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
(Colby of Resolution No. 7-69 and attachment is attached to the
official copy of these minutes.) See pages 27-E&& F%
8.e. The City Clerk presented ORDINANCE NO. 1-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE .. I, CHAP-
TER 19, CODE OF ORDINANCES OF THE CITY PERTAIN-
ING TO EXCISE TAX ON PROPERTY 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.
(Copy of Ordinance No. 1-69 is attached to the official copy of
these minutes.) See page 26-B.
A public hearing having been legally advertised in compliance with
the laws of the State of Florida and the Charter of the City of Delray
Beach was held, and there being no objection to Ordinance No. 1-69,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. ScheifleY and seconded by Mr.
Youngblood,
8.f. The City Clerk presented ORDINANCE NO. 2'69.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
LEVYING TH~ ASSESSMENTS AS SHOWN BY THE ASSESSMENT
ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY,
~OR CONSTRUCTION OF SIDEWALKS, FIVE FEET IN WIDTH,
ON THE NORTH SIDE OF S. E. THIRD STREET ON A PORTION
OF THE AREA BETWEEN S. E. THIRD AND FOURTH AVENUES;
ALSO ON THE EAST SIDE OF VENETIAN DRIVE COMMENCING
AT MIRAMAR DRIVE AND EXTENDING NORTHERLY THEREFROM
TO THE PREVIOUSLY EXISTING SIDEWALK, A DISTANCE OF
447.05 FEET.
Ordinance No. 2-69 was unanimously placed on first reading, on
motion by Mr. Youngblood and seconded by Mr. Scheifley.
-6-
¸25
8.g. The City Clerk presented ORDINANCE NO. 3-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY ~EACH CERTAIN LAND LOCATED IN SECTION 8,
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.
It was pointed out that this annexation is subject to the peti-
tioner therefor granting certain easement through th~ land for utility
and service functions, dedication of the south 25 feet thereof for
public right-of-way purposes, and acceptance of R-IA zoning classifi-
cation thereof, all conditions being contained in the recommendation
of 'the Planning and Zoning Board under date of. January 9, '.1969,..all of
which provisions have been met.
Ordinance No. 3-69 was unanimously placed on first reading, on
motion by Mr. Wilson and seconded bF MX. Youngblood.
8.h. The City Clerk presented ORDINANCE NO. 4-69.
AN ORDINANCE' OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
D~LRAY BEACH CERTAIN LAND LOCATED IN SECTIONS
.4 AND 5~ 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 PRO-
VIDING FOR THE ZONING AND TAXATION THEREOF.
Ordinance No., 4-69 was unanimously placed on first reading, on
motion by Mr. Youngblood and seconded by Mr. Wilson.
9. There were no reports.
10.a. Mrs. John Gill was present concerning a proposed ordinance
which would give more control over dogs, and following a question by
Mayor Saunders, the City Attorney reported that said proposed ordinance
would be ready for discussion at the next workshop meeting.
10.b. Mr. Scheifley announced that there would be a Public Hearing
held by the Planning and Zoning Board concerning some proposed zoning
ordinance changes, at 8:00 P.M..: Tuesaay, January 28, 1969, in the
Council Chambers at the City Hallo
10.b. The City Clerk read the City Beautification Committee meeting
minute~ of January 15, 1969.
10.c. The City Clerk presented Bills for Approval as follows:
General Fund $180,326.54
Water Operating & Maintenance Fund 7',863.89
Water Revenue Fund 15,000.00
Capital Improvements Construction Fund 21,917.33
Sewer Construction Loan Fund,
First Federal Savings & Loan of Miami 1,798.41
The bills were unanimously ordered paid, 'on motion by Mr.
Youngblood~se~ded by Mr. Wilson.
APPROVE R.D. ,,ORT.ING
26
26-A
ASSESSMENT ROLL
For construction of a SIDEWALK, five feet in width, on the North side
of S. E. Third Street on a portion of the area between S. E. 3rd &
4th Avenues.
ASSESSMENT per front foot ..... $2.2746
PROPERTY FRONT O?AL
PESCRIPT!ON OWNER FOOTAGE
LOCK 95.
WeSt 80.5 feet of Lot 12. Ray W. & Edna B. Markley 80.5 $183.11
East 52 feet of Lot 12. John A. & Vera Erman 52 118.28
West 65.75 feet of Lot 24. George W. & Olga L~binsky ~_65.,~$ _!49~.~6..
198.25 $450.95*
For construction.of a SIDEWALK on the East side of Venetian Drive com-
mencing at Miramar Drive and extending northerly therefrom to the pre-
viously existing sidewalk, a distance of 447.05 feet.
ASSESSMENT per front foot ..... $2.0568
PROPERTY FRONT TOTAL
DESCRZ.~TION OWNER FOOTAGE. ASS'M.
BLOCK A. -'' '
South 98 feet of Block. Yargates, Inc. 98 $201.57
B CK,
North 25 feet of Lot 1. Xargates, Inc.. 25 51.42
Lot 1 less North 25 feet.' Brewster Atlantic Avenue,
Inc. 75.80 155.91
Lot 2. " " " " 100.87 207.47
Lot 3 less East 85 feet. " " " " !47.38 ~03.14.
447.05 $919.51'*
Re: S. E. 3rd Street - SIDEWALK.
Advertising 16.15
Construction Contract (R. M. Garner) 749.97
Engineering, Accounting &Collection (15%) 112.50
Advertising Assessment Roll (Est) 20.25
Advertising Ordinance Caption (Est) -~. 3.03
$901.90
LESS 50% - City share of cost per
RESOLUTION NO. 28-68. 450.95
*50% to be assessed. $450.95
Re: Venetian Drive - SIDEWALK.
Advertising 16.16
Construction Contract (R. M. ~arner) 1,564.85
Engineering, Accounting & Collection (15%) 234.73
Advertising Assessment Roll (Est) 20.25
Advertising Ordinance Caption (Est) ........ 3.0.3
$1,839.02
LESS 50% - City share of cost per
RESOLUTION NO. 28-68. .... 919.51
**50% to be assessed. $919.51
26-B
ORDINANCE NO. 1-69 ·
AN ORDINANCE OF T~E CITY COUNCIL OF T~E CITY OF
DELRAY B~ACH, FLORIDA, AMENDING ARTICLE I, CHAP-
TER 19, CODE OF ORDINANCES OF THE CITY PERTAIN-
ING TO EXCISE TAX ON PROPERTY INSUP~%NC~ PREMIUMS,
AND APPROPRIATING THE MONIES DERIVED FROM SUCH
TAX TO THE PENSION FUND OF THE. FIPd~ DEPARTMENT
OF THE CITY OF DELRAY BEACH, FLORIDA.
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Article I, Chapter 19, Code of Ordinances of this City, be, and
the same is hereby amended to read as follows:
"Article I. FIREMEN'S P~ELIEF AND PENSION FUND.
Sec. 19-1. Tax levied against fire and tornado insurers.
There is hereby assessed and imposed on every insurance
company, corporation or other insurer now engaged in or car-
rying on, or who shall hereafter engage in or carry on,. the
business of insuring property against loss or damage by fire
or tornado, an excise or license tax amounting to two per-
cent of the gross amount of receipts of premiums from policy
holders on all premiums collected on fire and tornado insur-
ance poticies covering property within the corporate iimits
of the city.
Sec. 19-2. Tax allotted to firemen's pension fund.
All money derived from the taxes imposed bY section
19-1 is hereby appropriated to the fireme~s relief and
pension fund of the city which shall be administered in
accOrdance .with the provisions of chapter 175.101, Florida
Statutes, Acts of 1967 Session of the Florida Legislature
providing forthe administration of a firemen's relief and
pension fund, in certain cities and towns.
Sec. 19-3. Imposition of tax in addition to required licenses.
The license tax herein assessed and imposed shall be in
addition to all other license taxes now levied by the city.
Sec. 1.9-4. Colleotion of tax.
The excise or license, tax herein provided for shall be
paYable and collected in the manner provided for by Chapter
175.'101, Florida Statutes, Acts of 1967,' providing for the
administration of a firemen' s relief and pension fund in
certain .cities and towns."
This Ordinance amending Ordinance No.. 325, date~ September 25,
1939, shall become effective July l, '1969, in conformance with Chap-
ter 1...75.'t0t, Laws of Florida, Acts of 1967.
Passed and adopted on second and final reading in regular session
on the 27th day of January , 1969.
/S/ J. L. Saunders
ATTEST: M A Y OR
/S/ R. D. Worthin~ City Clerk
First Reading January 13_, ~1969. Second Reading January 27,..!969 _
26-0
RESOLUTION NO. 5-69.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONIN~ THE NORTH 30 FEET OF
EAST'127.4 FEET OF SOUTHEAST 5TH STREET
(OSCEOLA STREET) IN BLOCK 1, OSCEOLA PARK,
DELRAY BEACH, FLORIDA, AS APPEARS IN PLAT
BOOK 3, PAGE 2, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND THE APPARENT
CUL-DE-SAC LYING IMMEDIATELY NORTH THERE-
OF AS APPEARS ON SAID PLAT.
WHEREAS, the portion of right-of-way, above described,
has not been opened or developed, and
WHEREAS, Mrs. Louise A. Woodfin, an unremarried widow
and owner of the property abutting said portion of right-of-way
requested'-the vacation and abandonment thereof as said portion
of right-of-way is not required for providing egress nor ingress
to any lands.
NOW, T~EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
1. That pursuant to-Section Seven (7), Paragraph
Three (3) of the Charter for the City of Delray Beaah~ Florida,
the following portion of .right-Of-wayin the City of De,ray
Bea6h, Florida, is to ~e vacated and abandoned:
The North 30 feet of the East 127.4 feet
.of Southeast Sth Street (Osceola Street)
in Block 1, OSCEOLA PARK, Delray Beach,
Florida, as appears in Plat Book 3, Page
2, Public Records of'Palm Beach County,
Florida, and the apparent cul-de-sac
lying immediately norththereof as ap-
pears on said plat.
2. RESERVING, however, under, through and across
said 30 foot strap, excluding said apparent cul-de-sac, de-
scribed above, a perpetual easement for drainage pipe line
operation, maintenance and any other public utilities deemed
necessary in serving the abutting property.
PASSED AND ADOPTED in regular session on this the
day of January, 1969.
/S/ J. L. Saunders
MAYOR
ATTEST:
/S/ R. ~D. Worthinq City Clerk
26-9
P. ESOLUTION NO;'6-69. ·
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING PORTIONS OF ALLEYS IN
BLOCK 17~'DEL-RATON PARK SUBDIVISION,
CITY OF DBLRAYBEACH, FLORIDA.
WHEREAS, ROSE G. ARKIN is the fee simple owner of
Lots 27 thru 31" inclusive, Block 1; also LOts 6 %hru 27' in-
clusive, Block 17; all said Lots being within DEL-BATON PARK
S=b4ivision, per Plat ~ook 14, Pages 9 and 10, Public Records
of ~alm Beach County, Plorida, has petitioned for abandonment
of existing alleys lying within her property, and
WHEREAS, there~exists two.(2) dedicated north-south
alleys, one lying between Lot 11 and Lots 6 thru 10 inclusive;
the other lying between Lot.~22 and Lots 23 thru 27 inclusive,
all being'within Block 17, Del-Raton Park S/D, which alleys
have never been opened nor madeuse of:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DBLRAY BEACH, FLORIDA':
That pursuant to Section Seven (?), Paragraph Three
(3) of the Charter for the City of Delray Beach, Florida, it
is hereby determined to vacate and abandon any title and in-
terest in the following described property:
That portion of a 10 foot alley lying
adjacent to and between the Bast line
of Lots 6 thru 10 inclusive and the
West line 'of LOt 11; and that portion
of the 10 foot alley lying adjacent
to and between the West line of Lots
23 thru 27 inclusive and the Bast line
of 'Lot 22, all such parcels being in
Block 17, DEL-RATON PARK Subdivision,
per Plat Book 14, Pages 9 and 10, Pub-
1lc Records of Palm Beach County,
Florida.
PASSED AND ADOPTED in regular session on this the
27th day of January , 1969.
,_S/ ~.' L. Saunders
MAYOR
· ATTEST:
/S/ R'. D. Worthing ...... City Clerk
RESOLUTION NO. 7-69. 27-E
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON C~.RTAIN LANDS LOCATED WITHIN SAID CITY~ SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE-
PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray .Beach, did, in
re~qular //A~8//A$~//./////////~ession held on the 12 & 26 of August,
9 o.f Segtember &..14 o~..0cto.ber,. %96,,8. declare the existence of a nui-
sance upon certain lots or parcels of .land, described in a list sub-
mitred to them, for violation of the provisions of Ordinance G-147~
W~REAS, pursuant to such declaration, the City Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice describing the nature of the nuisance and
that they must abate said nuisance within thirty (30) days, failing
in which the City Council would have it done, and the cost thereof
would be levied as an assessment against said property~ and
WHEREAS, the owners hereinafter named did fail and neglect to
abate the nuisance existing upon their respective lands within the
time prescribed in said notice and Ordinance G-147, and the City of
Delray Beach was required to and did enter upon the following lands
and incur costs in abating the nuisance existing thereon as described
in the aforesaid list~ and
WHEREAS, the City Manager of the City of Delray Beach, has, pur-
suant to said Ordinance G-167 and the City Charter submitted to the
City Council a report of the costs incurred in abating the nuisance
as aforesaid, said report indicating the costs per parcel of land
involved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray BeaCh, involving the
Cityts cost of abating the aforesaid nuisances upon the lots or par-
cels of land described in said report, a copy of which is attached
hereto and made a part hereof, are levied against the parcels of land
described on said report and in the amounts indicated thereon° Said
assessments so levied shall be a lien upon the respective lots and
parcels of land...described in 'said report, of the same nature and to
the same extent as the lien for general city taxes and shall be col-
lectible in the same manner and with the same penalties and under the
same provisions as to sale and foreclosure as city taxes are collect-
ible.
2o That the City Clerk of said City shall, as soon as possible
after the ~ffective date, record a certified copy of this resolution
in the office of the Clerk. of the Circuit cou~t ~n and for Palm Beach
County, Florida, an~' Shall furnish to ~ach of %he owners nam~ in and
upon said report a notice ..that the Ci~ Council of ..the city of Delray
Beach, did, on the 12 & 26 o~ Auaus~. ~9 of SeDtembe. r & 14 .o~ October. 1968
order the aba~eme~t/ of al ce=rain' nU~s~e existing on their described
property and 9roperty owner having ~a~ed to abate such nuisance~.
within the 30 d~y period, whereupon i~ 'was abated by the City at costs
shown in sai4 'r~port and such assessments shall be legal, valid and
binding obl%~.~tions upon the property against which sai~ assessments
are levied..' ~ilThis resolution shall becgme effective 30 ~ays from the
date of a op~t~n, and .the assessments ~ontained herein shall become
due and paY~e thirty days after the mailing date of the notice of
said assesS~t, after whlc_h interest Shall accrue at the rate of 6%
per annum O~any unpaid portion thereof,.
PASSED AND~..: ADOPTED in re~ular, ... ~s~sion on the . 27t.h..~ . 8ay' of
January.. ~ .... . !~i'.', A,D. 19 69_. .
ATTEST: -~' -.,. J. L. S aunders
.......... . ..... ........ -
MAYOR
/S/ a. D. wor.hhing .......
COST OF ~BATING NUISANCES'UNDER'ORDINANCE NO. G-147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
August 12, 1968 list.
Lot 6, Block 25. Lela Taylor $ 85.00
Lot 12, Block 2, Odmanns. Lester C. & Mary L.
Albert $135.00
North 37.5 feet of West 130.44 feet
of East 155.44 feet .of South half
of Block 4. Mattie Dennis $ 63.00
Lot 14, Block 1, Atlantic Pines Susie Green Estate $ 95.00
Auqust 26, 1968 list.
North 55 feet of South 443 feet of
East half of Block 3, Priest's Elijah & Earnestine
Addition to Atlantic Park Gardens. Johonson. $ 55..00
North 75 feet of Lot 12, Block 1, Leonard L. & Mina E.
Osce~la Park. Surles & Dor~s Surles $150.00
Lot 12 less North 75 feet, Block 1,
Osceola Park. Barr Co. of~Florida $350.00
~ptember 9, 1968 list.
Lot 17, Block 4, ~gnroe. Agnes Clark $556.00
Lot 26, Block 12, Monroe; & North
37.5 feet of East 130 feet of West
155 feet of South half of Block 12. Louise D. Meade $ 86.00
October 14, 1968 list ....
Lots 10, 11 and 12, Block 2, FeRno. Indiana Burgess $ 84.00
Lot 21, Block 3~ Atlantic Park Pe~rneal & Elizabeth
Gardens. Jackson $ 18.50
South 100 feet of North 235 feet of
East 135 feet of Block 21. Sidney & Alice Fox $119.00