02-10-69 FEBRUARY 10, 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
Cha.t~, City Manager David M. Gatchel, City Attorney G. Robert Fellows,
and 'Councilmen John L. Pitts, III, James H. Scheifley, J~mes. B ~ Wilson
and O. F, Youngblood being present.
1. An'opening prayer was delivered by City Clerk R. D. Worth~ng.
2. The Pledge of Allegiance to the Flag of the United States of
America was given,
3. The minutes Of. the regular Councll meeting of January 27, i969,
were unanimously approved, on motion by Mr. Wilson and seconded by
Mr. Youngblood.
4~ City Clerk Worthing read the following letter from Mr. A. Jay, 131
Venetian Drive, dated February 7, 1969~ "Pretty soon now you are going
to have a real tragic auto. accident on Venetian Drive. The traffic
heavy, but beymnd that the speed is completely dangerous. Check with
all your permanent taxpayers, the speeds are minimum 48 miles per hour
plus many going up to sixty plus. Put stop signs on two or three
intersections - Ingraham, Nassau, etc., and enforcement of 25 mile~
per hour and you will stop th~s stupid speeding. If you don't do this,
and if you ~ontinue to allow tourists race-cars, motor bikes etc., to
tear thru Venetian unchecked then before the season ends you have the
accidents on your hands. We are only hoping that a request w~ll bring
.action On your .part. We have 31 good taxpayers completely incensed at
the uncontrolled speeding of auto drivers. You can stop ~t, and now.
If you don't,' it's on your heads."
Mayor 'Saunters asked that this item be turned over to the City
Manager for action.
4. City Clerk Worthing read the following memorandum to the City
Council from Mr.. LeRoy W. Merritt, Chairman of the Building Committee
of the Law EnfOrcement Complex, dated February 6, 1969~
"I feel cOnstrUction has progressed far enough to warrant
a Progress rePOrt. Even though an eleVatlon error was dis-
COvered and a variation of about 24 inches had to be corrected,
the job.' is progressing just about on schedule.
As of the date of this report, the plumbing has been
roughed in, and the electric service has been run to the
building with the actual wiring in process. The fire pro-
tection system is in, and the elevator-shaft, with its
various oil and operating lines, in place.
The f£11 is up to grade level, with the flooring to be
poured in approximately 10 days, but subject to the completion
-:'of the internal wiring.
Mr. A1 Trogdon, from Mr. Rogers' office, was at the meeting
today in an effort to finalize the air conditioning system so
that the necessary equipment ca~ be ordered for installation.
To date, appr6ximate~y two days have been lost due to
bad weather."
5. Mr. Pitts recommended that the beach revetment repair be an item
of consideration at a workshop meeting soon.
5. Mayor Saunders presented a PROCLAMATION regarding the Delray Beach
Community B~ood Bank, Inc. conducting a drive in Delray Beach, on
February 14, 1969, ~at the Community Center, 50 N. W. 1st Avenue, bet-
ween the hours of 10~00 A.M. and 6:00 P.M. Said Proclamation was pre-
sented to Mr. J. W. Nowlin, Jr., who urged the ~ubl£c to donate blood
~or the ~ommunitv Blood Bank on that day.
5. Mayor Saunders read a PROCLAMATION proclaimin~ March 28 and 29,
1969, as BUDDY POPPY DAYS for the purpose of collecting funds for that
cause by the V. F. W.' O'Neal-Priest Post No. 4141.
6.a. Concerning a survey of lands in violation of the City's nuisance
laws, presented by the City Manager, Mr. Scheifley 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 36-A-B.
6.b. City Manager Gatchel informed Council of the following offer to
the City, of a beachside tract of land suitable for parking purposes,
from Paul W. Ledridge Inc. Realtor, dated February 5, 1969:
"On behalf of the oWner, Mrs. Mertyle Rennet Harper,
we offer to the City of Delray Beach a beachside tract
of land suitable for parking purposes. This vacant
tract fronts 57 feet on South Ocean Boulevard and has
a depth of 181 feet to Salina Avenue and contains ap-
proximately 10,300 square feet. It is the vacant tract
between Christman's apartments to the North and Scherer
apartments to the South. The abbreviated legal description
is the South 32 feet of Beach Lot 19 and the North 25 feet
of Beach Lot 20, Delray Beach.
The sale price is $57,000.00 with one third down and
a Purchase Money Mortgage at 7% for 10 years.
Your consideration will be appreciated.'"
Mr. Wilson moved that this item be'referred to the Traffic and
Parking Committee for its study and recommendation, and that it be
further studied following said report at a workshop meeting. The
motion was seconded by Mr. Pitts and carried unanimously.
7.a. The City Clerk informed Council that the American Cancer Society's
Florida Division, with headquarters in West Palm Beach, requests per-
mission to solicit funds within the City during the period of March 10
through 23, 1969, inclusive, and the Charitable Solicitations Com~
mittee, under date. of January 30, 1969, recommends approval of the
petition.
The request of the American Cancer Society was unanimously grant-
ed, on motion by Mr. Wilson and seconded by Mr. Yo~ngblood.
7.b. Council was informed of a request l%a~!i~g been received petition-
ing for transfer of Liquor License No. 749. to Mr. Fred J. Brotherton,
who recently acquired the Seacrest.~otel and all licenses affiliated
therewith; further, the new owner has been investigated in the usual
manner by the City's law enforcement division, as well as the State
Beverage Department, and it is recommended that the petition for trans-
fer of said License No. 749 be granted.
Said request for transfer of Liquor License No. 749 was unani-.'.
mously granted, on motion by Mr. Youngblood and seconded by Mr. 'Pitts.
7.c. Council was informed of a request having been received for trans-
fer of Beer and Wine License No. 66, currently issued to Mr. Hugh Keane
doing business as the Barefoot Pub at 328 N. E. 6th Avenue, to Mr. J.
Dunham Jones, who recently purchased said business; further, the ap,
plicant has been investigated in the prescribed manner and approved by
the State Beverage Department and the city's law enforcement division,
and it is re~9,~mended that the request for said transfer of License
No. 66 be gr ¢ed.
The re~st for transfer .of License No. 66 was unanimously grant-
ed, on motio~ Mr. Scheifley and seconded by Mr. Wilson.
-2- 2-10-69
2¸9
8.a. C~ty Clerk Worthing presented RESOLUTION NO. 8-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
EXECUTION OF AGREEMENT FOR INSTALLATION OF A
PIPE LINE ACROSS THE ONE HUNDRED (100') FOOT
WIDE RIGHT-OF-WAY AND UNDER THE TRACKS OF THE
FLORIDA EAST COAST RAILWAY COMPANY AT~ A POINT
LOCATED 1971 FEET SOUTHERLY FROM THE RAILWAY'S
MILE POST NO. 319, AS MEASURED FROM JACKSONVILLE,
FLORIDA.
(Copy of Resolution No. 8-69 is attached tO the official copy
of these minutes.) See page 36-H
The City Clerk informed Council that this resolution and agree-
ment is the result of the City having acquired the water system in
Tropic Palms from Delray Beach Utilities, Inc., during the past year,
and thereby being responsible for the maintenance of said water main
crossing of the F. E. C. railway property at Lindell Boulevard.
Resolution No. 8-69 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Wilson and seconded by Mr.
Scheifley.
8.b. The City Clerk presented 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 N. E. FOURTH
STP~EET BETWE~ NORTH SWINTON AVENUE AND
N. E. SEVENTH AVENUE', A DISTANCE OF AP-
PROXIMATELY TWO THOUSAND TWO HUNDRED FEET.
(Copy of Resolution No. 4-69 is attached to the official copy of
these minutes.) See page 36-C
The City Clerk reported that Council, at the last regular meet-
ing, deferred action on this ResolUtion to allow time for completion
of plans for said sidewalk installation and the City Engineer's
clarification as to the intended location of sidewalk construction and
its .effect on certain abutting properties~
City ~ngineer Fleming re~orted that he had contacted Mr. H. Ben
Adams who had appeared at the last Council meeting in behalf of Mrs.
C. J. Manson, and that Mrs. Manson is satisfied with the proposed
location of the sidewalk, which will abut the pavement for the entire
distance on the north side of N. E. 4th Street.
Mr. Robert A. ~ursley objected at the last Council meeting to
said sidewalk construction and was present at this meeting and made
further objection.
City Engineer Fleming said that this sidewalk installation would
not in any way. effect Mr. Pursley's concrete driveways with short strips
of sidewalk being installed between the driveway~.
It was pointed, out that N. E. 4th Street is a proposed access
road for 1-95 but there are no plans at present for widening said
Street; further, if and when that time arrives, there would probably
be an 80-foot right-of-way and in that event, wherever the sidewalk
is placed at this time it would have to be moved.
Resolution No. 4-69 was unanimously passed on this first and
final reading, on motion by Mr. SCheifley and seconded by Mr. Wilson.
8.c. The City Clerk reported that in-compliance with Section 15A-41,
Chapter 15 of the Code of Ordinances, a Public Hearing has been
scheduled to be held at this time for effecting a ~special assessment,
in the amount of $385.00 against the East 50 feet of the South 135 feet
of the West 135 feet less the South 20 feet in Block 20, Delray Beach,
Florida, located at 533 West Atlantic Avenue, for demolition of
improvements thereon, and removal of all debris resulting from such
demolition, the property having been previously condemned by the Build-
ing Official. He reported that all legal procedures in connection
with this action, as set forth in Chapter 15A of the Code, have been
met, the property owner*s representative properly notified, and in lieu
of insufficient or no objections to this proposed assessment being
received at the public hearing, Council should authorize the levy of
such special assessment by the adoption of Resolution No. 9-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, LEVYING COSTS FOR
DEMOLITION OF BUILDINGS UPON CERTAIN LANDS
LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL
COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH DEMOLITION AND LEVYING THE COST FOR SUCH
DEMOLITION AS A SPECIAL ASSESSMENT, AND DE-
CLARING SAID SPECIAL ASSESSMENT TO BE A LIEN
UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY
REPORT OF THE BUILDING OFFICIAL OF DELRAY
BEACH, FLORIDA.
(Copy of Resolution No. 9-69 is attached to the official copy
of these minutes.) See page 36-D.
There being no objection to said proposed assessment for demOli-
tion costs, Resolution No. 9-69 was unanimously passed and adopted on
this first and final reading, on motion by Mr. Scheifley and seconded
by Mr. Wilson.
8.d. City Clerk Worthing presented ORDINANCE NO. 2-69.
AN ORDINANCE OF THE CITY OF DELIAAY BEACH, FLORIDA,
LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT
ROLL SUBMITTED BY THE CITY MANAGER .OF SAID CITY,
FOR 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.
(Copy of Ordinance No. 2-69 and accompanying assessment roll are
attached to the official copy of these minutes.) 'See page 36-E.-F.
The City Clerk informed Council that the assessment roll has been
published in compliance with Charter requirements, and prior to Council
consideration of the ordinance on this final reading, a Public Hearing
has been scheduled to be held at this time in order that any interested
parties may be heard.
There being no objection to said assessment roll, and Ordinance
No. 2-69, said Ordinance was unanimously passed and adopted on this
second and final reading, on motion by Mr. Wilson and seconded by Mr.
Pitts.
8.e. 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 BEACH 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.
(Copy of Ordinance No. 3-69 is attached to the official copy of
these minutes.) See page 36-G.
-4- 2-10-69
~ 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.
3-69, said Ordinance was unanimously passed and adopted on this second
and final reading, on motion by Mr. Youngblood and seconded by Mr.
Wilson.
8.f. The City C~erk presented ORDINANCE NO.~ 4-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN
SECTIONS 4 AND 5, TOWNSHIP 46 SOUTH, PJ~NGE
43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST,
ING MUNICIPAL LIMITS OF SAID CITY~ REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLI-
GATIONS OF SAID LAND~ AND PROVIDING FOR THE
ZONING AND TAXATION THEREOF.
(Co~y of Ordinance No. 4-69 is attached to the official co~y of
these minutes.) See page 36-I=J.
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.
4-69, said Ordinance was unanimously passed and adopted on this second
and final reading, on motion by Mr. Wilson and seconded by Mr.
Youngblood.
8.g. The City Clerk presented ORDINANCE NO. 5-6'9.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 30 SEC-
OND ADDITION TO HIGH ACRES, WHICH LAND IS CON-
TIGUOUS 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. 425 N. W. 18th Street
Ordinance No. 5-69 was unanimously placed on first reading, on
motion by Mr. Scheifley and seconded by Mr. Pitts.
8.h. The City Clerk presented 'ORDINANCE NO. 6-69.
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
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. 826 N. Andrews Avenue
Ordinance No. 6-69 was unanimously .placed on first reading, on
motion by Mr. Youngblood and seconded by Mr. Wilson.
9ia. City Clerk W°rthing informed Council that the four-year ter~ of
Mr. Paul Herig, as a member of the Buiiding Cod~ Appeal Board, expires
on February 12, 1969.
Mr. Paul Herig was unanimously reappointed to ~ four-year term
as a member of the Building Code Appeal Board, on motion by Mr. Wilson
and seconded'bY Mr. Youngblood.
-5- 2-10-69
The Council was informed that the three-year terms of the follow-
ing regular and alternate members of the Board of Adjustment expire on
March 15, 1969.
R. equl .a.r Alternate
Mr. H. Ben Adams Mr. John Spinner, Jr.
Mr. Floyd Griffin Mr, James L. Love, Jr.
Said members of the Board of Adjustment were unanimously reap-
pointed for three-year terms to that Board, on motion by Mr. Youngblood
and seconded by Mr.. Wilson. .
The City Clerk informed Council that a vacancy appears on the
Financial Advisory Board due to the recent death of Mr. Rhea Whitley,
the two remaining members of that Board being Mr. Nathan Sharp and Mr.
Howard W. Smith.
Mayor Saunders suggested that this item be considered at a work-
shop meeting.
9.b. Mr. Scheifley said that in View of the fact that he has some
observations and comments to make concerning Agenda Item 9.e. which
may or not be applicable to Item 9.b. requested,.with ,conser~t of
Council, that Item 9.e. be considered befOre Item 9.b., and following
discussion, he moved that Agenda Item 9.e. be discussed prior to dis-
cussing Item 9.b. The motion was seconded by Mr. Pitts, and upon call
of roll, Mr. Pitts and Mr. Scheifley voted in favor of the motion and
Mr. Wilson, Mr. Youngblood and Mayor Saunders were opposed. The motion
did not carry.
The City Clerk informed Council that concerning the proposed
development of a 300-foot tract of land at' 2200 South Ocean Boulevard,
lying between the Intracoastal Waterway and South Ocean Boulevard, the
Planning and Zoning Board, following a public hearing on the issue
and careful study of the proposed development Site Plans as submitted,
unanimously recommends approval of said plans per copy of their report
attached to the Agenda. Further, in conformity with the provisions
contained in Chapter 29-7.5% of the City's Code of Ordinances, Council
may deny said development plans or sustain the recommendation of the
Board and approve the Site Plan.
Following lengthy discussion, Mr. Youngblood moved to sustain the
recommendation of the Planning and Zoning Board in approval of said
Site Plan, the motion being seconded'by Mr. Wilson. Upon call of roll
Mr. Wilson, Mr. Youngblood and Mayor Saunders voted in favor of the
motion, Mr. Pitts and Mr. Scheifley were opposed.
9.~c. City Clerk Worthing read the following Planning and Zoning Board
report., dated February 6, 1969, pertaining to a request for abandonment
of a portion of Ingraham Avenue:
"At an open meeting of the Planning and Zoning Board
on February 4th, 1969, at 8:00 A.M. in City Hall - sub-
sequent to a Jpnuary 21st, 1969 meeting - the Board con-
sidered the following request~ ·
Owners of South Ocean Beach Lot 25 would like
to exchange (trade) the south 20 feet thereof
for that portion of Ingraham Avenue lying
between Ocean Boulevard and Gleason Street.
The Board voted unanimously to. recommend the City
Council deny the request. It was felt that the aban-
donment of Ingraham Avenue would create undue traffic
congestion as well as impose unnecessary complications
of ~the .City as this right-of-way is needed for planned
water facilities improvements.
In additional action, .the Board further recommended the
City Council give consideration to the purchase of the
SoUth 59.4 feet of Ocean. Beach Lot 24 for future widening
of Ingraham 'Avenue as well as for the acquisition of
beach parking ~"
-6- 2-10-69
Mr. Wilson moved to 'sustain the recommendation of the Planning
and Zoning Boar~' and request that the reference tO securing of the
small strip for possible parking be referred to the Traffic and Park-
ing Committee for approval, the motion being seconded by Mr. Scheifley.
Mr. J. L. Patterson, representing the property owners making said
request for exchange of property, said that he had been promised an
opportunity to meet with the Council and Planning Board on this item,
and asked that same be tabled for 'Such a meeting.
Mr. Wilson and Mr. Scheifley withdrew their motion and second,
and following discussion, Mr. Wilson moved that this item be tabled
in order that Mr. Patterson may have the privilege of being heard at a
workshop meeting where there will be a joint representation from the
City Council and from the Planning and Zoning Board. The motion was
seconded by Mr. Youngblood and carried unanimously.
9.d. City Clerk Worthing read the following Planning and Zoning Board
~eport dated February 6, 1969:
"Subsequent to a Public Hearing held on January 21st,
1969, the Board held an open meeting on February 4th, 1969,
at 8:00 A.M. in City Hall to consider a petition requesting
rezoning from R-2, two family dwelling district to RM-1,
multipl~ family dwelling district of the. 'following de-
S cribed .property.~
That part of Lot 4 lying East of
the cen~er line of N. ~.. 7th Avenue
if extended North, and West of West
right-of-way line of N. ~.. 8th Avenue,
Section 9-46-43, locate~ at 1000 thru
1048 N. E. 8th Avenue, Delray Beach,
Florida.
Six members voted to recommend the Council sustain the
· ... petition as such is in keeping with the exiStin~, proposed
plan for the City's development. Mr. Andrew M, Gent voted
in opposition.
No objections-were made known at the Public Hearing."
Mr. Scheifley moved to sustain the recommendation of the Planning
and Zoning Board, the motion being seconded by Mr. Wilson and unani~
mously carried.
9.e. City Clerk Worthing read the following Planning and Zoning Board
report, dated February 7, 1969~
"At an open meeting held on February 5th, 1969, at
8:15 P.M. the Board considered a petition for Site Plan
Approval in a R-3 Multiple Family Dwelling District on
the following described property:
The South 14.1 feet of Lot 11,
all of Lots 12, 13 and 14, the
South 100 feet of Lots 15 through
32 inclusive, and the South 100
feet o'f Lot 33 less West 20 feet,
ASBURY PARK HEIGHTS, located at
250 South Ocean Boulevard, Delray
Beach, Florida,
S~x members voted to recommend the Council grant
approval to the Site Plan which is in 'compliance with
Section 29-7.5½ of the Delray Beach Code Of Ordinances
and requested the developer restudy the parking. Mr.
Andrew M. Gent dissented.
-7- 2-~0-69
On January 21st, 1969 a Public Hearing was held at
which time thirty-one (31] objections were voiced,
twenty-four(24) of which were from Lanikai Villas. In ',.~
addition, numerous objections were received by mail.
Two persons, Mr. Robert Archer and Mr. Jose~_h Vatterott
made known their lack of objection."
The City Clerk read a letter from Mrs. James D. Finley, 1122
Nassau Street, objecting to said proposed construction. He also re-
ferred to a lengthy letter from Mrs. Catherine Whitaker of Nassau
Street in which she objected to that proposed construction.
Mr. Scheifley said that he would like to make a presentation and
would direct his remarks primarily to the City Attorney, and continued
as follows: "I believe that we all try to do the right thing and the
best thing in line with our conscience for the welf-are of the City of
Delray Beach, and I think that we, the City Council, have made, in the
past, errors of commission. I also think they have made errors of
omission. I think that when they make these errors, they do it in all
sincerity. As I said before, God has not given us infallible wisdom,
but I think if we can do our homework and do the best job we can, we
might prevent getting into certain troubles that cost us a lot of
money. I would like to point out that the City made an error of omis-
sion three years ago, which may cost them $475,000. When the City
bought the south beach property, little did they realize the implica-
tions of it and they failed to get a definition of public beach
property.
I believe this week we are making a presentation to the State
Legislature to redefine public beach, and we don't know how it is going
to go, but there was an error of omission there in not doing that at the
time the City Council purchased the so-called.'south beach.
I feel, in doing a little research, that we may be doing something
tonight that will be of somewhat similar nature. The City made an error
of omission about two years ago when this ordinance was passed.
I will quote from the City Ordinances the paragraph under which
this particular Site Plan Approval is being considered. I quote from
Section 29-7, paragraph (C) 'BUILDING HEIGHT REGULATIONS. No building
in an R-3 District may be erected to a height exceeding forty-five (45)
feet measured from the highest finished grade to the ceiling of the
highest floor except as follows: On lots fronting the ocean or Intra-
coastal 'waterway the regular height requirements may be exceeded as a
special exception as provided in Section 29-7.5%.' That is the sentence
that I would like to talk about. It says 'on lots fronting the ocean or
Intracoastal Waterway'. In the beginning of this section of Zoning
Ordinances we have about a dozen pages of definitions, and these defini-
tions are very important because otherwise when reference is made to
these factors later' on in the Ordinance we would not know what we were
talking about. I maintain that we don't know what we are talking about.
tonight. I would like to make reference to certain sections of the
City, then I would like to have a little dialogue with the City Attorney
and ask him a couple of questions.
First, let's consider this area as No. 1. I am talking about the
area north of Beach Drive and east of A1A. That is Area No. 1. In my
opinion, I think those are probably lots facing the Ocean or Intra-
coastal. We are only talking about seven words now, 'lots fronting the
Ocean or Intracoastal Waterway'.
The second area I want to refer to is the area south of Beach
Drive down to Casuarina Road, I am talking about the 'area immediately
west of A1A and it is separated from the Ocean by a public beach and
A1A. That is area No. 2.
Area NO. 3 is that area south of Casuarina Road and east of A1A.
I rather think under any definition that those would be waterfront lots.
Area No. 4' is the area whi~ch is immediately south of Casuarina
Road and immediately west of A1A.
Having been on the Planning and' Zoning Board for three or four
years, they have'adopted a policy or rule-of-thumb arbitrarily, that-
those are not Waterfront lots. Probably they are r~ght, maybe not, I
don't know. That is the fourth area in question. The area directly
west of A1A and mouth of Casuarina. -8- 2-10-69
The next area I am going to talk about is the. particular lots
directly west of what we call the South Beach, in other words, the City
owns what is commonly referred to as the South Beach. I am talking now
about the lots immediately west of A1A, which have between them and the
ocean, A1A and the public beach, no private property.
The next area I would like to talk about is the area immediately
west of the Adult Recreation Complex north of Atlantic Avenue. That
land is public land or public park between the Intracoastal Waterway and
this land, there is some vacant land behind the Kentucky House.
I will ask you, Mr. Fellows, whether now, for the record, you
would be willing .to classify each of those areas as to whether or not
they are lots facing the ocean or the Intracoastal Waterway2 For the
record, you can say that you want to study it, that you want to analyze
it a little bit, or you can give us a specific answer. Will you kindly
reply."
City Attorney Fellows said that he could not give an answer at
this time, that he would have to do a little research.
Mr. Scheifley continued: "I am sure that we all agree that we
don't even know what a waterfront lot or a lot facing the Intracoastal
is because of all of these circumstances. In light of what I have said,
I move. that we table this particular Site Plan ApproVal which comes in
one of the doubtful catagories, until such time as legal counsel, has
prepared a definition to be inserted in the front of the book and ap-
proved by our legal .counsel." The motion was seconded by Mr. Pitts.
Following lengthy discussion and comments, and upon call of roll,
Mr. Pitts, Mr. Scheifley and Mayor Saunders voted in favor of the motion
and Mr. Wilson and Mr. Youngblood were opposed.
Mayor Saunders said this item is tabled for some opinions from the
City Attorney and that it would be on the agenda two weeks from tonight.
10.a. Mr. James McGuire said that according to the information he has
been able to obtain, Mr. Parker has not yet signed an agreement to pur-
chase the.south beach and that it seems to him that is an unnecessary
delay on his part. Mr. McGuire asked if Council is aware of the fact
that Mr. Parker has not signed such agreement.
Following a question by Mayor Saunders, City Clerk Worthing in-
formed CounCil that the agreement has not been executed as yet; however,
he had recently been called by Mr. Parker and expects to see Mr. Parker
tomorrow with whatever he has in mind concerning the execution of the
agreement.
10.b. Mayor Saunders said there is a matter of rather serious propor-
tions confrOnting Delray Beach in the school situation, in redistrict-
ing, and that the Chamber of Commerce is taking some initiative in con-
ducting some meetings. He announced that another meeting would be held
at the Delray Beach Junior .High School cafeteria, Thursday evening,
February 13., and they hope to have some of the members of the County
School Board present to answer questions and to clarify this most
serious situation. He urged everyone to attend if possible as he feels
it is .something that could affect the economics of the whole community.
10.c. City Clerk Worthing presented Bills for Approval as follows:
General Fund $198,137.35
Water Operating and Maintenance Fund 5,995.14
Water Revenue Pund 28,054.51
Special Assessment Fund 1,485.00
Refundable Deposits Fund 3,534.26
Improvement Fund 480.75
Cigarette Tax Fund 87,522.00
Utilities Tax Revenue Fund 1,5.50.00
The bills were unanimously ordered paid, on motion by Mr. Youngblood
and seconded by Mr. Wilson. The meeting adjourned at 10:35 P.M.
APPROVED ' City Cl~erk
36-A
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
CITY
OWNER AND ADDR. E..SS PROPERTy DESCRIPTION CODE
1. Anne Chase Hart West 300 feet of Lot 3 and West 15-3
610 N. Ocean Boulevard .~00. feet of the North~...~.o~f &
'Delray Beach, Florida 33444'~ Lot 4, .Block. :~ Palm B~ach 15-4
Shore.Acres. (Andrew Avenue)
2. Quentin R. & Dorothy F. Lot 22, Block 2, Del Ida Park. 15-4
Boerner (10 N. E. 7th Street)
109 E. Brookwood Drive
Valdosta, Georgia 31601
3. Willie Quince Lots 13 and 14, Lincoln P&rk. 15-3
106 N. w. llth Avenue (102-106 S. W. 9th Avenue) &
Delray Beach, Florida 33444 15-4
4. J. C. & Hildreth J. .Lot 2, Block 1, Belair Heights. 15-3
Williamson (950 W. Atlantic Avenue) &
721 S. E. 3rd Avenue 15-4
Delray Beach, Florida 33444
5. John N. Kabler Lot 3, less North' 20 foot R/W, 15-3
c/o First Federal Savings & BtOck.. l~'~Be~.a~= Heights. &
Loan Association of Delray (926 W. Atlantic Avenue) 15-4
Beach
P. O. Box 430
Delray Beach, Florida 33444
6. Alex Rumlin Lot 2, Block 2, Fenno. 15-3
440 Alabama Street (25 N. W. 9th Avenue) &
Lake Wales, Florida 33853 15-4
7. Sally & Willie Thomas Vacant part of North 99.4 feet 15-3
P. O. Box 1481 of East 125 feet of West 150 &
Delray Beach, Florida 33444 feet of South % of Lot 10, 15-4
Section 17-46-43. (1 & 2, Fenno
8. Willie & Dorothy Gregory Lot 6, Block C, WeSt Side 15-3
110 N. W. 12th Avenue Heights. &
Delray Beach, Florida 33444 (29 N. W. 10th Avenue) 15-4
9. Freddie Monroe Lot 18, Block 6, Atlantic 15-3
305 S. W. 2nd Street Gardens.
Delray Beach, Florida 33444 (122 S. W. llth Avenue) 15-4
10. Marie Re]fnolds Vacant part of North. 50 feet of 15-3
244 S. w. 5th Avenue South 300 feet of East 135 feet. &
Delray Beach, Florida 33444 of Block 20..'~) 15-4
~2 N. W. 5th Avenue)
11. Charles W. & Francenia North 155 feet of South 250 15-3
G. Patrick, Jr. feet of East ~ of Block 20. (S) &
400 N. W. 2nd Street (~4 thru 24 N. W. 5th Avenue)15-4
Delray Beach, Florida 33444
12. Lauria Bake~ Vacant part of South 50 feet of 15-3
35 N. 'W. 6th Avenue North 200 feet of West 135 feet &
Delray Beach, Florida 33444 of Block 20. (14) 15-4
36-B
Page 2. Nuisance List,
CITY
~ER..~ ~ ADDRESS PROPERTY ~ DES CRIPTION CODE
23. George B. Mehlman South 135 feet of West 85 feet 15-3
805 ~Oomeau Building less South 20 foot R/W, &
West Palm Beach, Florida Block 20. (20) . 15-4
33401 , (545 W~ Atlantic Avenue)
14. Harvey & Mary Stephens Vacant part of South 50 feet 15-4
113 S. W. 7th Avenue of North 200 feet of West 13.5
Delray Beach, Florida 33444 feet of Block 14. (4)
: (113 S. W. 7th Avenue)
15. Lela Quince Estate South 50 feet of North 150 15-3
c/o Ruby Williams feet of East 135 feet of &
1328 Lee Street Block 14. (23) 15-4
Delray Beach, Florida 33444 (110 S. W. 6th Avenue)
16. Rosa Campbell Estate North 100 feet of East 135 feet 15-3
c/o Francinia Campbell of Block 14. (24 & 25) &
,; 10400 S. W. 151st Terrace '". (102 S. W. 6th Avenue) 15-4
Miami, Florida 33156
Violations 15-3 and 15-4 as concer~s this report are as follows:
1. 15-3 - Garde~ trash
15-4 - High weeds and undergrowth
2. 15-4 - High weeds
3. 15-3 - Debris
15-4 - Weeds and undergrowth
4. 15-3 - Garden trash and debris
15-4 - Weeds and undergrowth
5. 15-3 - Garden trash and debris
15-4 - Weeds and undergrowth
6. 15-3 - Debris
15-4 - Weeds and undergrowth
7. 15-3 - Debris and old'lumber
15-4 - Weeds and undergrowth
8. 15-3 - Debris
15-4 '-.Weeds and undergrowth
9. 15-3 - Debris
15-4 - Undergrowth -
10. 15-3 - Garden trash, debris and old lumber
15-4 - Weeds and undergrowth
11. 15-3- Garden trash, debris and tree limbs
15-4 - Weeds and undergrowth
121 15-3 - Debris and old lumber
15-4 - Weeds. and undergrowth
13. 15-3 - Debr~s
15-4 - Weeds and undergrowth
i4. 15-4 - High weeds
15. 15-3 - Debris (Stove and Refrigerator)
15-4 - Weeds and undergrowth
16. 15-3 - Debris
15-4 - Weeds and undergrowth
Submitted to the City Council by the City Manager on
this" the 10th day of February, 1969.
I~SOLU~ION lq(2). 4-69.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PROCEED WITH THE CON-
STR~3CTION. OF A SIDEWALK, FIVE FEET iN
WIDTH, ON THE NORTH SIDE OF N. E. FOURTH
STREET BETWEEN NORTH SWINTON AVENUE AND
N. E. SEVENTH AVENUE, A DISTANCE OF AP-
PROXIMATELY TWO THOUSAND TWO HUNDRED F~ET.
WHEREAS, the City Council of the City of Delray Beach,
Florida, did, on the 13th day of January, 1969, by adoption of
Resolution No. 3-69, determine to proceed with the construction
of a sidewalk 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 feet.
WHEREAS, the Resolution providing therefor has been
duly published as required by the City Charter, together with
a notice that objections to said improvement would be heard,
and
WHEREAS, no sufficient objections have been made to
such proposed improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Delray Beach, Florida, that the City Manager
be and he is hereby instructed to proceed with the construction
of a sidewalk, five feet in width, on the north side of N. E.
Fourth Street between North Swinton Avenue and N. E. Seventh
Avenue, according to the plans and specifications heretofore
filed with the City Clerk, and a copy thereof filed in the
office of the City Manager and kept open for the inspect~On '"
of the. public.
Passed in regular session on this the i~f~.~ay of
F~brua~ ,,y~ ~969.
_/S/ J.:.. L._ Saunders ..
MAYOR
ATTEST:
36-D
R~SOLU~ION NO. 9-69.
A RESOLUTION OF THE CITY COUNCIL OF T~B CITY
OF DELBAY BEACH, FLORIDA, LEVYING COSTS FOR
DEMOLITION OF BUILDINGS UPON C~RTAIN LANDS
LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL
COSTS I~ BY SAID CXTY TO ACCOMPLISH
SUCH DEMOLITION AND LEVYING THE COST FOR SUCH
DEMOLITION AS A SPECIAL ASSESSMENT, AND DE-
CLARING SAID SPECIAL ASSESSMENT TO BE A LIEN
UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY
REPORT OF TB~ BUILDING OFFICIAL OF DELRAY
BEACH, FLORIDA.
WHEREAS, the Building Official of the City'of Delray
Beach, did, on the 13.th day of September _ 19 68 , .
mail notice of unsafe' '~rUcture listi~g:'the Vi°lations of 'the pro
visions of ChaPter 15A of the Code of Ordinances, Housing Stand-
ards, to:
Robert S. Hunter Estate concerning
The East 50 feet of the (name}
South 135 feet of West 135 feet less South 20 foot ~/W, Block 20
located at 533 West Atlantic Avenue, Delray Beach ; and
(street address)
WHEREAS, the owner hereinabove named did fail and neglect
to comply with the notice, and the City did provide for correction
of said determined violation at a total cost of $ 385.00 ; and
WHEREAS, the owner hereinabove named did fail to pay the
cost o.f ~_ 385.00 . ~ to the .City of Delray Beach within the speci-
fi-ed tzme, and a Public hearxng was provided in compliance with the
~gulations set forth in subparagraph (c), Section 15A-41 of the
Code of Ordinances.
NOW, THEREFORE, BE IT ~ESOLVED BY T~ CITY COUNCIL OF
CITY OF DELRAY BEACH, FLOP. IDA, AS FOLLOWS:
1, That an assessment in the amount as shown by the re-
port of the Bu/lding Official of the City of Delray Beach, involving
the City's cost of abatement of said nuisance having been det~Tmined
by the Building Official, to exist on the land hereinabove described,
is levied as a special assessment against said described land. Said
assessment so levied shall Be a lien upon the land described ~herein,
of the same nature and to the same ~xtent as the lien for ~[eneral
city taxes and shall be collectible in the same manner and with the
same p~nalties az,d, ur~= the same prOvisions as to sale and' foreclo-
sure as city taxes are collectible, and shall become effective im-
mediately upon the adoption of this resolution and shall bear inter-
est thereafter at the rate of six per cent (6%) per annum. The
owner may pay the amount of such lien, including interest, in thirty
(30) equal, consecutive, monthly installments, commencing on the
first day of the month following the adoption of this resolution.
2. That a copy of this resolution shall be served on the
owner of the above des~ribed property by certified mail within ten
(10) days of the date of its adoption,' and a copy of this .resolution
shall be ..published on=e each week for' four consecutive wgek~s in a
newspaper of general .C~rculation within the City.
PASSED an~ ADOPTED in regular session on the 10th day
of February , ~9 69. .
ATTEST: M A Y O R
/S/ R. D. Worthinq
36-E
ORDINANCE NO. 2'69.
AN ORDINANCE OF THE CITY OF DBLRAY BEACH, FLORIDA,
LEarnING THE ASSESSMENTS AS SHOWN BY THE .ASSESSMENT
ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY,
FOR 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.
WHEREAS, the City Manager of the City of Delray Beach,
Florida, has, in pursuance to the Charter of said City, submitted to
the City Council for approval, a report of the cost, and the assess-
sent roll for the 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.
WHEREAS, said report and assessment roll were approved by
the City Council in regular session on the 27th day of January, 1969,
and
WHEREAS, due notice concerning said assessment roll was
given by advertisement by the City Clerk, in accordance with the City
Charter of said City, for the purpose of hearing objections, if any,
to said assessment roll, and
WHEREAS, no sufficient objections were received to the con-
firmation of the assessment roll,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ~.AS FOLLOWS:
SECTION 1. The assessments, as shown by said assessment
roll, which is attached hereto and made a part hereof, are hereby
levied against the property shown and in amounts shown on said assess-
ment ro11, said assessments to be paid in three (3) equal annual in-
stallments, together with interest at the rate of eight (8) per cent
per annum, the first installment becoming due and payable on
and on the for the next ensuing
two (2) years; and said special assessment so levied shall be a lien
from the date the assessment becomes effective, upon the respective
lots and parcels of land described in said assessment roll, of the
same nature and to the same extent as the lien for general taxes, and
shall be collectible in the same manner and with the same penalties
and under the same Provisions as to sale and forfeiture as City Taxes
are collectible.
PASSED in regular session on second and final reading on
this the 10th day of February , 1969~
/S/ J. L. Saunders
MAYOR
ATTEST:
/S/ R. D._Worthing
City Clefk. ~ ~'
First Reading January 27,. 1999
Second Reading February 10, 1969 ~. ~ ~ 6%~.~
36-F
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 FRO T TOTAL
O W Z.R FOO?AGE ASS'M.
~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 Lubinsky _. 6.5~75 ._!49.56
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
,D ,SC, PTION .OO?AGE
,,,B.. VILLAGE '
B..LOCK, A :, ': .... '
South 98 feet of Block. Yargates, Inc. 98 $201.57
BLOCK C.
North 25 feet of Lot 1. Yargates, 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. " " " " 147.38 303~14
447.05 $919.5'1'*
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
LESS 50% - City share of cost per
P~ESOLUTION NO. 28-68. 450.95
*50% to be assessed. $450.95
Re: Venetian Drive - SIDEWALK,
Advertising 16.16
Construction Contract (R. M.'Garner) 1,564.85
Engineering, Accounting & Collection (15%) 234.73
Advertising Assessment Roll (Est) 20.25
Advertising Ordinance Caption (Est) 3.03_ _
$i,e- 9.02
LESS 50% - City share of .cost per
RESOLUTION NO. 28-68 ..... 919.51 . ..
**50% to be assessed. $919.51
.36-G
ORDINANCE NO. 3-69.
AN ORDINANCE OP TH~ CITY COUNCIL OF THE CiTY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH 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.
WHEREAS, JOSEPH W. GWYNNand ANN T. GWYNN, his wife, are the
fee simple owners of the property hereinafter described, and
WHEREAS, JOSEPH W. GWYNNand ANN T. GWYRN, his wife, by.
their.pe~ition,.haveconsented and given permission for'the annexation
of said p~operty 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 tract of land located in Palm Beach County,
Florida, which lies contiguous to said City, to-wit:'
The Southeast Quarter of the East Quarter of
Lot 19 in the Subdivision of Section 8, Township
46 South, Range 43 East.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
scribed tract of land and said land is hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the tract of land hereinabove described is
hereby declared to be in Zoning DistriCt R-lA as defined by existing
ordinances of the City of Delray Beach, Florida, and served bY One (1)
Master Water Meter to be located on the property.
S~CTION 4. That the lands hereinabove described shall
mediately become subject to all of the franchises, privileges, immuni-
ties, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be and persons re-
siding 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 declare~ illegal by a court of compe-
tent jurisdiction, such record of illegality shall in no way affect
the remaining portion.
PASSED ~n regular session on the second and final reading
on the 10th day of February , 1969.
i/S~ J-.L- Saunders.-- : .:. _ .
ATTEST: M A Y O R
/S/ R. D. Worthing City Clerk
First Readina January 27, 1969 Second Reading
362~
RESOLUTION NO. 8-69.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLOBIDA,
AUTHORIZING THE EXECUTION OF AGREE-
~ENT FOR INSTALLATION OF A PIPE LIN~
ACROSS ~ OHE HUNORED (I00t) FOOT
WIDE RIGHT-OF-WAY AND UNDER THE TRACKS
OF THE FLORIDA EAST COAST RAILWAY
~%NY AT A POINT LOCATED 1971 FEET SOUTH-
KRLY FROM T~E BAILWAY'S MILE POST NO.
319~ AS M~ASURED FROM JACKSONVILLE,
FLORIDA,
B~ IT RESOLVED, by the City Council of the City
of Delray Beach, Florida, a Florida municipal corporation,
as follows:
1. That the City of Delray Beach, a municipal
corporation of the State of Florida, does hereby contract
and agree to enter into an agreement with Florida East
Coas~ Railway Company, wherein and whereby the said City
O~ De!ray-Beach is given the right and privilege to install
and ~aintain, for the purpose of a water main, a line of
10-inch cast iron water pipe installed in a 20-inch spiral
welded steel casing pipe extending easterly and westerly
across the right-of-way and under the tracks of the Rail-
way at Delray Beach, Florida, Lindell Boulevard Crossing.
The water main line so installed shall be located
not less than 3.5 feet below the bottom of the ties in such
tracks, and, further, in compliance with conditions as con-
tained in the Railway Company's prepared .'License Agreement',
and location to be, as stated hereinaboue, and shown on part
of Drawing dated June, 1959, Job No. 1002-1-59, Engineering
Development Company, Gainesville, Florida, and attached here-
to.
2. It being further understood that the installa-
tion and maintenance of said water main line shall be in
full compliance with all conditions set forth in sai4 'Li-
cense Agreement' as prepared by the Licensor, and which is
attached hereto and made a part hereof.
3. That this Resolution shall take effect immedi-
ately upon its p~ssage.
PASSED AND ADOPTED this 10th day of February, 1969.
/S? J....L. Saunders_ ... _..
M'AYOR
ATTE ST:
/S/ R. D.. Worthing
City Clerk
ORDINANCE NO- 4-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DE~RAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN
SECTIONS 4 AND 5, TOWNSHIP 46 SOUTH, RANGE
43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY~ REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLI-
GATIONS OF SAID LAND~ AND PROVIDING FOR THE
ZONING AND TAXATION THEREOF.
WHEREAS, the GRIMES MANUFACTURING COMPANY, an Ohio cor-
poration, is the fee simple owner of the property hereinafter Be-
scribed, and
WHEREAS, the GRIMES MANUFACTURING COMPANY, by its peti-
tion, has consented and given permission for the annexation of said
property by the City of DelraY Beach, and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 185.1 of the
City Charter of said City grante~ to it by the State of Florlda~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SBCTION 1. That the City council of the 'City of Delray
Beach, Palm B~ach County, FlOrida, hereby annexes t° said City the
following described tract of land located in Palm Beach County,
Florida, which lies contiguous to said City, to-Wit:
A tract of land in Sections 4 and 5, Township 46 South,
Range 43 East, Palm Beach County, Florida, more partic-
ularly described as follows:
CommenCing at a point where the East line of Section
5-46-43, Palm Beach County, Florida, intersects the '
" E-W centerline of said Section 5~ thence westerly
along said E-W centerline a distance of 338.5 feet
m/1 to the NW corner of the NS% of the NE% of the
NE% of the SE% of said Section 5;~ thence southerly
along th~ west line Of said NE% of the NE% of the NE%
i 'I of the SE% for a distance of 190 feet m/l; thence
, westerly along a line parallel to the E-W centerline
ii of said Section 5 for a distance of 346 feet m/1 to a
~' ~point in a line 684 feet west of and Parallel t° the
east line of said' Section 5; thence southerly along
said line parallel to theeast line of Section 5 a
distance of 1,225 feet m/1 to a POint ina line 35
feet north of and parallel to the north line of the
s½ of the SE% of said Section 5;. thence easterly
along said line parallel to and 35 feet north of'the
north line of S~ of SE% of Section 5 for a distance
°f 130 feet~ thence southerIY on a iine parallel to
the east llne of said Section 5 for a distance of 35 ~
feet to point of intersection with the north line of
the S½ of the SE% of 'said Section 5; thence easterly
along said'north line for a distance of 550.7 feet m/1
to point of intersection with the east line of Section 5;
thence northerly along east line of said Section 5 for a
distance of 76 feet; thence easterly along a line paral-
lel to the north line of the S% of the SW% of SeCtion
36'~
Page 2. ORDINANCE NO. 4-69.
4-46-43 for a distance of ll0 feet; thence northerly
along a line ll0 feet east of and parallel to the west
line of said Section 4 for a distance of 687 feet m/l;
thence easterly along a line parallel to the E-W center-
line~f said Section 4 a distance of 261 feet; thence
northerlY along a line parallel to and 371 feet east of
the west line of said Section 4 a distance of 140 feet;
thence westerly along a line parallel to E-W center-
lines of said Sections 4 and 5 a distance of 406 feet;
thence northerly along a line parallel to and 35 feet
west of the east line of said SectiOn 5 a distance of
20g.~t; thence easterly along a line parallel to
said E-W centerline of Section 5 to point of intersec-
tion with said east line of Section 5 a distance of 35
feet m/l; thence northerly along said east line of
Section 5 a distance of 343 feet m/1 to point of begin-
ning.
This tract contains approximately twenty-four acres.
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein the
above described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray BeaCh, Florida.
SECTION 3. That the tract of land hereinabove described
is hereby declared to be in Zoning District R-1AA as defined by ex-
isting ordinances of the City of Delray Beach, Florida.
SECTION 4. That the tract of land hereinabove described
shall be assessed, for taxation purposes, on the basis of $1,500.00
per acre, except that any and all lots, or parcels of land, as they
become sold or transferred shall become subject to normal taxation,
with any remaining portion of unsold or undeveloped areas remaining
on such acreage basis UNTIL 60 per cent of the annexed area has been
sold.
SECTION 5. That the lands hereinabove described shall
immediately become subject to all of the franchises, privileges, im-
munities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of D~lray Beach are now or may be, and per-
sons residing thereon shall be deemed citizens of the City of Delray
Beach.
SECTION 6. That if any word, phrase, clause, 'sentence
or part of this ordinance shall be declared illegal by a court of
competent jurisdiction, such rec~ord of illegality shall in no way
affect the remaining portion.
PASSED in regular session On the second and final read-
ing on the 10thday of February , 1969.
/S/ J. L. ~Saunders
MAYOR
ATTEST:
/S/ R. D..W0.rthinq~ _-'. ..... · ........ City Clerk
First Reading January 27, 1969 Secend Reading February 10..1969