07-08-68 ~IJLY 8, 1968.
A regular,, met-t~g of ~he City council 'of Deiray Beach was held
in the CounCil ~ers ;~t 8~00 P.N., ~ith ~yo~ ~ L. Saunders in
the Chair, City Manage~ .D~id M. Oatchel,., ~ity Attorn~ Jo~ Ross
Ad~s, and Councilmen J~es H. Jurney. LeRoy W. Merritt, j~es B.
Wilson and O. F. You~gblood being present.
1. An opening prayer was ~etiver~ ~ the R~. Lin~on' Lawr~ce.
2. The Pledge ~ Allegi~ce to the Flag of the Untt~ States
~eriua was given.
3. The minutes of the r~ular Co~uil meeting of J~e 24, 1968, were
unanimously approved, on motion ~ ~. Merritt ~d s~ond by
Wilson.
5. ~. Jurn~ read a letter fr~ Rev. N. A.. Jenki~. of 214 N. w. 2nd
S~eet, da~ed July 8, 1968, asking ~f sew~ s~vice can be made
avail~le ~o his pro~rty inasmuch as a line has been insta11~ on
N. W. 2nd Street as far as 3rd Avenue, ~ich is within one bl~k from
his home. ~e re. est was referred to the City Manager.
5. ~. Jurn~ then read a letter from ~. Willie S~~ of 301 N.
W. 12th Avenue, ~ncerning the ~ssibility of installi~..~er col-
lection lines in the ~tnciana Heights and Jefferson M~,~- areas and
aski-~ how .much ~n~ is in the .S~er Construction F~nd a~ preset
that could b® used for this put. se, when the proJec~ could be started,
and what the proper~Y ~ers in that area ~uld be ~~
get sewer '.service. ~-is re.est was al~ re~e~ ~ the city Manager
for stu~ ahd a re~r~ to be submitted at the next Cocci1 meeting.
5. ~. Merritt co~ent~ 0n a on.third page ad~ in a
newspaper last week ~nc~in9 a 4th of July wee~'%ale~: -- in' West
Palm Beach, and~ in' par~LuU'lar~ ~6ause he is n~" ~awa=e of s~e
cri~.icism a~ut~' the ~'ctI ' s - r~.~ .purchase of '~.:~n-Aire Hotel
property for ~king, the ~act that.~the largest print on ~he adve=-
tis~ent states, "~w al~ of these stores ~ive you free p~ing".
Fur~er, that he ~ped ~hat as..p~ple read these ~~, they will
realize, and gtv~. the C~il ~.~e ~ove, tha~ ~ was a 'feasible
and economical ~ve on their pa~t to ~hase this pro~
parking, which will ~prove ~t only the ~le do~to~ ~ea. but
especially the area west of t~ F. E.. C. tracks.
~. Jurney ~int~ out that in discussioa of the use
property, not only parking was brough~ ~, but beautification as
well.
6.a. City Manager Gat~ throned ~,~1 t~ the City of Delray
Beach ~ecuted a lease dated ~une 20, 1967, ~d ~d~ s~e Janu~y
23, 1968, ~ncerning the leasing of the~Sou~h fifty-~o feet of Lot
17, in Block 101 to the Ch~ber of C~erce for a p~iod of forty
years from said date of lease.
Further, that Cha~er of Coii~nerce r~ests an ex~s.fon~'of twelve
years to this "te~ of lease", ~d ~o=dingl~, it is reo~ended that
such ext~si°n be granted by authoriz~g the exertion of ~en~ent
No. 2 ,~ the proper City Officials.
~. Merritt ~ved that the exte~sion be approved, the ~tion
being Second~ by ~. Wilson and c~ri~ unanimoualY. .(~ of said
~en~ent ~. 2 is att~hed ~ the official CO~ of ~ese minutes.)
See page~ 148-A-C.
6.b. The City Manager re~.rted tn ~li~ce with Section 26-7 of the
C~e of Ordinates, and directi~ of Co~ctl at its last meeting, a
public h~.ring has been schedul~ to be held at this t~e on the 'ap-
plication of ~. ~omas J. Bell for an a~itional~ "C~r~i~tcate of
~blic ~nveni~ce", '~ich, in effect, grants ~. Bell a pe~it
operate a ~axi cab, in a~ttion to those now be~n~ operated by the
applicant.
-1- 7-8-68
Further, in addition to mandatorylegal publications, .all taxi
cab operators i~ the City have been,~ no~ified~o~-t~l&~hearing, and
subject ~o insufficient Objections being =eceiwed~ Coun.cil' may grant
Mr. Bell such "Certificate 'of-~ublic Conveni'ence".
Following a public hearing, there being.no obJect~ons, Mr.
Youngblood moved that the application be approved.' The motion was
seconded by Mr. Merritt and carried unanimously.
6.c. .City Manager Gatchel informed Council that Mr. Dave Hoggins
has requested refund of occupational license fees paid in prior years,
which years, by virtue of Mr. Hoggin's age, as well. as the laws of
the State and the City, would have been exempt from payment of such
fee had he applied for a "gratiS"'license.
Further, any such refund is de%ermined to be not refundable by
the City Tax Collector, and confirmation of this determination may
be obtained .from'the City Attorney,'Co~ncil having been furnished a
copy of his advisory opinion.
MayorSaunders stated that Mr. HOggins should be advised that
inasmuch 'as the City cannot refund fees he has paid'in prior years,
he should apply in September for a gratis lice~se, which, if Mr.
Hoggins meets the necessary requirements, would be granted for the
fiscal year beginning October 1st.
Following discussion, Mr. Wilson stated that although he was
sympathetic to Mr. Hoggins' request and wished it was within the
Council's power to grant same, he would move that the City. Attorney's
Opinion be sustained. The motion'Was seconded'byMr. Merritt aqd
carried unanimously. (COpy of the City Attorney's advisory opinion,
dated July 2, 1968, is attached to .the official copy of these minutes.)
See pages 148-D-E.
6.d. Concerning the request for solicitation of bids for construction
of the proposed Law Enforcement Complex, the .City Manager advised
that the architec~Mr. James Ga~ble Rogers, was planning to be present
a~the meeting,..'.but :apparently had"been detained, and requested that
this item'~be deferred until his arrival.
6.e. City Manager Gatchel informed Council that concerning the pend-
ing litigation between-the City of Delray Beach' and Dickerson Construc-
tion, Inc., pertaining tO-possible'damage suits relating to the
Concrete Revetment Wall, approval of the following negotiated compen-
sation for legal' services to ~be rendered in conjunction therewith
is requested:
ATTORNEY FREDERICK E. H0~LINGSWORTH
For legal services rendered during
out-of-court time ............. $20,00 per hour
For legal services rendered in and
during court time ........... ~ - - 35.00 " "
ATTO~RNEY JOHN ROSS ADAMS
For legal services rendered in con-
junction with, and in' the aid of,
Attorney F, E. Hollings~orth, in the
conduct of the issues pertaining
thereto ......... - ........ $10.00 per hour
Mr. Wilson stated that since this entire matter has already been
the subject of considerable discussion- and analysis during Council
workshop meetings, he would move that authorization be given for
compensation for legal services of Attorney Frederick Hollingsworth,
and additional compensation for City Attorney John Ross Adams, as
requested by the City Manager. The motion was seconded by Mr.
Youngblood and carried unanimously.
6.f. The City Manager advise~ that believing~' there will be varied
demands for portions of the personal property, comprising ~he furnish~'~
fixtures and .equipment of. the Bon-Aire Hotel, authorization is re-
quested, for.~diaposal by. the city .Administration~of this rap£dly de-
teriorating personal property, in the following manner: .
1. Compliance with legal requirements: in advertising terms
and conditions for sale of any portion thereof, as the
result of offer received, if any~ OR
2. Conducting a: public auction. ~or. disposal of :all. or: any
portion thereof.
Mr. Youngblood moved that the City A~ministratlon comply with
Procedure No. 1 in disposing of the personal property of the Bon-Aire
Hotel. Mr. W£1son seconded the motion.subject 'to an opinion as to
whether the request is for one or both of the methods of disposal.
The City Manager advised that regardless of which .method is used, any
offers would be submitted to Council for-final approval, but that in
order to dispose of all the items, the administration would like ap-
proval to use both methods, inasmuch as offers will be received for
some of the items, while others will have to be advertised for public
auction.
Mr. Youngblood and Mr. Wilson withdrew their motion and second.
!":./ . ..Following discussion, Mr. Jurney moved that both Items i and 2
be approved. The motion was seconded by Mr. Youngblooa and carried
unanimously.
7.a. City Clerk :Worthing reported that certain lands,,.comprising.
Lake Ida Shores,. Lake, Ida Shores, 1st Additon and Lake Ida Manor,
2nd Additon, were annexed to the City in June o'f 1957, subject," in
part, to being limited to an ad valorem tax of .$10-~00 per ~ot, unless
said lot be sold or improved, upon, for..a period..of ten years. This
moratorium on normal taxaton of said land 'expired at the end of 1967,
causing normal assessment and taxation thereof as of January. 1, 1968.
Further, Mr. Hugh'Vogl, Vice-President of Lake' Ida Development
Corporation, requests an extensio~ of said moratorium~ for a peri,od of
two years, .and under the same terms and conditions 'as contained in
the original agreement. Seventy-one (71) lots of the original 107
Lots remain unsold and unir~proved upon as of January 1, 1968, ..and
comprise the lots reflected in Mr. Vogl's request for an extension
of the tax moratorium.
He. further advised that of the 71 lots, 6'2 will. be benefited,
when sold for improvement purposes, by the fact that sewer service
is immediately available to them.
Mr. Youngblood moved that since .the property is so benefited,
the request for extension o~f a, tax moratorium be denied".. The motion was
seconded by Mr. Merritt, and roi-lowing, lengthy dis,cussion during which
Mr. Hugh Vogl reiterated his reasons :for requesting the extension and
several of the Councilmen~ expressed their views, upon-call of roll,
carried runanimously.
x. Mayor Saunders stated that Mr. James Gamble Rogers, the architect
on the Law Enforcement Complex, had arrived and that Item 6~d.' wo~ld
be considered at this time.
City Manager reported that final plans and Specifications for
construction of the proposed Law Enforcement Complex-now having been
provided by the Architect, Council authorization' .is requested for
providing proper solicitation of bids for such construction, and it is
recommended 'that this bid request reflect an opening of bids received
to take place in the City Hall Council Chambers at ~=00 P.M., August
7, 1968.
He th~n introduced Mr. Rogers. who.' !{nformed"the COuncil and the
public that the ptans~.contemplate a Law EnfOrcement Complex which
will be let in two contracts, one for the building and the second for
the jail equipment, which is a.:'h~ghly.'epecial-.ized f~ld. He' said he
was reasonably.optimisti.c that '~h.~ bi~s w.o~d be within the budget
provided, 'and that he felt this .C£ty ~ld have one .of 'the best[ small
jails in-the State when ,it is completed.
Mr. Merritt move~ that the a~ministration be authOrized to
-3- 7-8-68
144
solicit bids £or construction of the Law Enforcement Complex, with
the bids to be opened in the Council Chambers at 2:00 P~M., on August
7, 1968. The motion was seconded by 'Mr.' Wilson and" carried unanimously.
8.a. The City Clerk presented RESOLUTION NO. 31-68.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF A STREET IN
DEL-RATON PARK SUBDIVISION.
(Copy of Resolution No. 31-68 is attached to the official copy
of these minutes.) See page 148-F.
He informed Council that said right-of-way abuts the north side
of the Jerry Earl Pontiac property on South U. S. %1.
Resolution No. 31-68 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Wilson and second by Mr.
Merritt. J
8,b. .City .Clerk Worthing-presented RESOLUTION NO. 32-68.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA AUTHORIZING THE CITY
MANAGER TO PROCEED WITH THE CONSTRUCTION OF
SIDEWALKS, FIVE FEET IN WIDTH, WITHIN THE
STREET RIGHTSWOF~WAY OF VARIOUS STREETS IN
THE CITY.
(Copy of Resolution No. 32-68 is attached to the official copy
of these minutes.) See page 148-G.
There being no objections, Resolution No. 32-68 was unanimously
passed'and adopted on this first and final reading, on motion by Mr.
Jurney and second by Mr. Youngblood.
8.c, The City Clerk presented.RESOLUTION NO. 33-68.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF AGREE-
MENT FOR INSTALLATION OF A PIPE LINE
ACROSS THE ONE HUNDRED (100') FOOT
WIDE RIGHT-OF-WAYAND UNDER THE TRACKS
OF THE FLORIDA EAS~ COAST RAILWAY COM-
PANY AT 'A POINT LOCATED 4,684 FEET
SOUTHERLY FROM R.M.P.'NO. 318, AS
MEASURED FROM JACKSONVILLE, FbORIDA.
(COpy of Resolution NO. 33-68 is attached to the official copy
of these minutes.) See page 148-H.
Resolution No. 33-68 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Merritt and second by Mr.
Wilson.
8.d. City Clerk worthing presented ORDINANCE NO. 18-68.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF D~LRAY BEACH, FLORIDA, ANNEXING
TO THE CITY OF DELRAY BEACH CERTAIN LANDS
LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY~
BEDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE.-SAID LANDS~ AND PROVIDIN~:'FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDS.
(Copy of Ordinance No. 18-68 is attached to the official copy
of these minutes.) See page 148-I-J.
-4- 7-8-68
There b~ng ,no :o~3ecttmn .to- Ordt~aance t~. 18~K,,
was ~~usly pass~ ~d ~~ on this 8~ond ~d ~inal r~ding,
on ~tion '~ ~; Y~ngblood ~d .se~nd by ~. Jump.
8.e. ~e City Clerk presented ~~CE NO. 20-68.
D~Y B~ ~T~N. ~-L~TED ~IN S~0N 28,
T~SHIP 46 S~H, ~B 43 ~T, ~CH ~ IS
C~IG~S 'TO EXISTING ~ICIP~ ~I~TS OF SAID
(~ of ~d~nance No.~ 20-68 is attached to' khe official
of these minutes.) .See page'148-K.
~ere being no objection ~ Ordinance No. 20-68, said
was u~an~usly passed and adopte~ on this' s~ond an4 final
on motion by ~. Youngblood an4 secon4 ~. ~.,Wilson.-
~.a,. City Cle=k W~hing .info.ed. ~unui~ t~t: ~he FlY,da ~er
south of S. W. 1OthStr~t ~d. east of ~ro~sed,State R~a~'No.-9
~5), and intend building an~ ~Ctr~ic ~er 4iStribut~n
thereon ~_. . ,
Further~ that though this tract of 1~4 is a 2~-f~t
sho~ on a f~, but not many publi= records as an in~en4e4
way. It has never ,~en opened or ma4e use of,~an~ the.~lann~ng
~n*ng ~a=4, ~ wB~ Council ha~ referre4 the ~wer. aL~ght
r~est for aban~ent, re~en4s ,.the City 4~scla~ any
for roa~ r~ght~f~ay ~ses, in said 25-foot stri~ less the
twenty-five feet ~ereof, which ,~s 4esire~ ~ be retained for S. W.
10th Street r~ght-of~ay.
~. Jurn~ ~ved that the re~endation of ~e ~lm~n~ and-
Zoning Boar4 be sustained, the ~tion being se~nde4 ~ ~-
and-~an~usly
9.b. The C~ty Clerk re.fred that relative to a pro.se4 multiple
f~ily ~e'lling construction ~d develo~ent of the ~rth 100 feet
of Ocean Beach Lot 7, less the West 305 feet ther~f, loca~4 at
222 North ~ean ~ulev~4, ,~e Planning/Zon.ing ~ar4, as a result
~ r~est fr~ the inten4e4 d~el~r of sa.id la~s, held a
hearing fo~ S~e Plan eons ~erat ion of the plans for 4evelo~ent
thereo~.
~e soar4 red.ends a~rovml of the S~te Plan petition, the-
~o~sed 4evelo~ent having been dete~ined ~ be ~n ~plian=e w~
all re~la~tons set .for~ in Section 2~-~.5% of t~ C&~'s Code of
~4~anues. (~ of ~lan~ng ~d ~ning ~ar4 re~t 4at~ June ~9,
1968, is a~ta~h~ ~ the official =opy of these m~nutes.} See pg. 148-L.
~. W~ls~ s~ate4 that this has been m ~~ve~s&al it~ and
when t~ was ~ns~e=~ a~ the las~ ~ting, some of ~e m~ers ~f the
Pla~tng .& ~nl~ ~m~4 wish~ to be hear4,, one in parti~lar who w~
were any oth~ m~=s of ~he-~d ~.%~ent ~nigh~ w~ ~uld Ltke
Th~dore ~oLe, Jr.. s~a~ed ~hat t~e d~el~e~, o~ ~I ~o~rty had
been in full c~ration w.ith ~e-Bo=~, ~l~t-g wi~h all of
su~est~one and even ~delec~g one s,~ry, f~m ~ ori~tnal
Further, he ~l~ed, as was the opinion of ~e ~jortty of the ~ard,
that this si-~e .~ prOV~es ~he ,hest,..~s.s~e utilization of ~he
w~thout infr~g~g, on ~he e~nomio .ri~h~ o~ ~he ~er ~ develop his
probity.
~. ~n~y asked if the Board had d~scussed th~s pl~ w~th the
~l~ce Depar~ent wi,th respect ~ ~afftc ~a~h as the onl~ access
7-8-68 96
. ~to..~the pFopert¥ is on~ Ocean... Boulevard, ,and with the Fire .Department
cOnCerning ava~l-~ili~y of f~re pro~ec~on. ~1. ~ole replied
he did not ~ow ~f the ~lice D~~e~t had bee~ contacted, bu~ ~ha~
Fi~ ~ef Quinn~had deCal,ned the pl~ to be satisfacto~ as concerns
proper ingress and egress for fire fig~ing
Mayor SaUnders co~ent~' that wi~u~ app~val of th~s site
plan, if the developer made full utiI~iza~ion of 2he property ~der
~ist~g ord~na~es, n~ely a ~en-f~t &e~a~ on~ eauh side, neither
f~re fighting nor garbage e~i~ent would be able to get behind the
building.
Following 'lengthy dis~ussion, d~ ~t~h ~. ~rn~ expr~sed
his obje~tions to this sit~.plan, ~. Yo~gblood ~ved' that th~ re=om-
mendation of the ~l~nin~ i ~n~ Board for approval of this
plan be sustained, the ~ion being seconded by ~. ~rritt.
Following further discussion, Mr. ~rritt repasted the motion
be ~ded to provide for a six-~nt~' 't~e~ l~itation on beginning
'~onst~ction~ othe~ise, the site plan approval ~d b~ome invalid,
which ~en~ent was accepted by ~. Yo~gblood.
~. wilson asked a~ut the time schedule on: the ~nst~ctton of
~his building, h~ it w.ill, affect the winter seasoa' ~ w~t
~ion ~uld be made of the cranes and other hea~ e~i~ent during the
~urist season. ~. Preston Ter~, attorney for ~he developer, said
that it was his understanding ~at ~nstruction~uld begin within
a week. Further, concerning the hea~ e~i~ent' he ~uld assure
~e ~uncil that nothing ~uld~ be done to disrupt ~e traffic fl~
· n ~A during the height of the tourist season.
U~n call of ro11, ~. Merritt, ~. Wilson, ~. Yo~gblood and
~yor Saunders ~ted in favor of the .mOtion and, ~. Jurn~ was op~sed.
9.c. ~ncerning a re~est for rezon~g Lots 14 ~d 1~ of Rapist of
part of Lots 2 and 3, Block 1, Model Land Co's. Subdivision of the
West half of Section 21, ~. Merritt advised that the petitioner, i~
vi~ of fur~er develo~ents, =e~'ests that this re~est be re[erred
back to the Planing and ZOning Board.
~. Hector Espinosa ~estioned the pro.sad use of this property
tf it is ~ezoned and then asked.., to be notified of the da2e this
~est comes before ~he Planing Board.
~. Merritt moved that the re. est ~ referred back ~o the PI'~-
ning ~d ~ning ~ard, the motion being seconded ~ ~. Wilson and
cart ied unan~us ly.
lO.a. ~. Okeh Mitchell of 104 N. W. 12th Avenue, informed
that several ye~s ago he had deeded a ~enty-ftve foot strip of land
along N. W. 1st Street, betwe~ 12th and 13th Aven~ for right~f~ay
pur~ses. ~ts strip ~s now overgrown with brush and weeds, causing
a traffic hazard, ~d he repasted that the City open this righ~-of-way. ~..~
The =e~est was referred to the City Manager.
10.a. ~s. Ernestine Holliday of 40 N. W. 9th Argue c~plained of the
area of 9th Avenue between AtlanCic Avenue ~d N. W. ls~ S~reet having
t~fre~ent ~ltce pat~ls and no sidewalks. Further, in vi~ of d~ger
~o Chilean because of speedi~ cars, she r~uested a sign Saying "Slow,
Childr~ Playl~", and construct~n of a s~d~alk on.'el~ .Side .of 9th
Avenue fr~ Atl~io Avenue ~ N. W. 2nd S~; ~e City A2~ey
co. anted that following-~ opi~io~ ~ ~he National Safety ~uncil as
2o these signs ~t being advisable, the theo~: be~g th~ give the
chilean the idea they can play in the strut, ~e City-has ~t been,
installing th~, The City Manager was ask~ ~ re~r~ back ~o
~ncerning the sign or '~Ssible oth~ me,hodS of pro,action and to
provide a cost est.~ate on the repasted
10.a. ~a. Carl ~. WeSley of' 309 Lin~ln Lane t~fo~d Council that
her trash ha~ ~t' been pi~ed up t~ the last three ~eks ~d w~ an
eyesore ~d a hazard ~o ~all chilean. She asked if anyth, t~ ~uld
-6- 7-8-68
be done to correct the situation. The City-Manager. a~*eed '~hat about
two 'months ago, he had discussed"with Council the overlap the City
was experiencing in the Garbage and 'Trash~De~artments where crews
were not available to fully man all garbage and trash collection equip-
ment and that the council had authorized enough additional me~l to
fully staff the Department. Further, that the crews are on a full
schedule now and even working overtime on Saturdays', augmented by
some of the Street Department personnel and equipment, but that due
tO' the voluminous amounts of trash and the frequent inclement weather,
during which the men cannot work, it is now taking'-2% to 3% days to
complete a route which normally would take one. day.
Following further lengthy diS'cussion& the City Manager-was
directed to provide a cost estimate on a "crash program" to get the
trash collection back on a regular schedule.
10.a. Mrs. Inez Brown of 313 Lincoln Lane advised that the City's
street swee~er operates on her street only every two or three months,
usually only after the people call ant% request it, but that she has
noticed that some other streets are swept every day. The City Manager
was directed to investigate this complaint and report back to Council.
10.a. Rev. S. TaylOr commented on several items. ConCerning the
street sweeping problem, he suggested possibly using additional per-
sonnel to operate this equil~ment.
Concerning Carver Park and Palacino Park Bubdiv~siOns, he feels.
there should be an &d~it~onal access, road and that a convenient, loca-
tion would be on S. W. 15th Avenue adjacent to the Catherine E.' Strong
Community Cen. ter..
Concerning trash collection, he believes one of' the problems
is dissatisfaction of the men in this-Department. He- suggested that
seniority be the basis for'consideration in prom°t~ons and transfers
into vacancies in other Departments instead of h~.ring outsiders.
lO.b. City Manager Gatchel reported that Delray Beach is again this
year hosting the 'District .Seven Little League Tournament and a request
has been received from the Delray Beach Little League for the City
to provide for a welcome letter to-~the Little Leaguers, which W°uld
be a full .page ad, at a cost of $100. He further advised that council
had made this l~rovisi~n last year, and that if this request is approved,
funds should be transferred from the Contingency Account.
Mr. Wilson moved that $100.~ be .tranSferred from the Contingency
Acuount to provide for this ad. The mot£on was seconded bY Mr. Merritt
and following ~iscussion, carried' unanimously.
10.b. Mayor Saunders asked that an estimate be provided' on the cost
of constructing a sidewalk on N. E. 4th Street from Swinton to 7th
Avenue. Mr. Jurney commented on an existing sidewalk along the west
side of North Swinton Avenue between 2nd and 3rd Streets as being
below the level of the street, causing flooding after a rain. He
a'.sked that cost estLmates be provided on raising the ievel of,this
sidewalk.
10.b. Mr. Wilson reported on the ~rogress .of t~e Youth .. Employment -
Service program saying ..that 'there have been 42 y~ung i~eol~le 'placed.
in jobs to date and that cooperation received from llOCa.1 bt~essmen
has been most encouraging. Mayor .Saunders said .~that the 'Chamber of
Commerce and volunteers from the League of Wom~n Voters had dOne an
excellent job on this project an~ that he hoped it could be started
earlier next year .with even better results.
10.c. C~.ty Clerk Worthing presented the following Bills for
-7. 7 -8 -68
148
General Fund $68,589.53
Water Revenue Fund 10,000.00.
~ate,~: Operat.ing & Naintenance Fund 4,42~.39
Utilities T~x Revenue Fund ~,550.00
Cigarette' Tax Fund 5,358.00
Capital Improvements Construction Fund 79,450.17
Sewer Construction TrustFund 21,387.12
Payment of said bills was unanimously approved~ on motion by
Mr. Youngblood and second by Mr. Merritt.
The meeting adjourned at 9=41 P.M.
City Clerk
APPROVED:
-8- 7-8.68
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT, Made and executed this 9th
day of July, 1968,. by and between the CITY OF DELRAY BEACH, a
municipal corporation in Palm Beach County, Florida, herein
called the Lessor, and THE CHAMBER OF COMMERCE of Delray Beach,
Florida, herein called the Lessee.
WHEREAS, heretofore the parties made and executed a
lease dated June 20, 1967, and amended January 23, 1968, covering
the following described property in Palm Beach County, Florida,
to wit:
The South fifty-two (52) feet of Lot 17, Block
101, Delray Beach, (formerly Town of Linton)
according to the plat thereof in Plat Book 1,
page 3, public records of Palm Beach County,
Florida,
leasing said property to lessee for a term of forty years from
June 20, 1967; and
WHEREAS, lessee desires to lease the above described
property for an additional twelve years,
NOW, THEREFORE, in consideration of the covenants
herein contained, the said original lease, as amended, shall
be further amended as follows:
1. The term of the lease shall be amended to read
as follows:
"This lease shall be for a term of fifty-two (52)
years from this date and the lessee shall pay an
annual rental of $1.00 on each anniversary of this
lease"
2. In all other respects, the terms and conditions
of said lease dated June 20, 1967, as amended on January 23,
1968, are hereby ratified and confirmed and shall remain the
same.
IN WITNESS WHEREOF, the lessor has caused this Second
Amendment to be executed by its Mayor and attested by the City
· ' ~ 148-B
Clerk and the City Seal to be affixed thereto and the Lessee
has also executed this Amendment on the date first above written.
-~-~-~-~,, CITY OF DELRAY BEACH
ATTEST ~,r,~g'.; ,~%
~ Clerk
THE C~BER OF CO~ERCE of
President
ATTEST:
v Se reta~y
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Before me, the undersigned authority, personally ap-
peared J. L. SAUNDERS and ROBERT D. WORTHING, Mayor and City
Clerk of the City of Delray Beach, respectively, to me well known
to be the individuals who executed the above and foregoing second
amendment to lease on behalf of the City of Delray Beach,. and
they acknowledged before me that they executed the same freely
and voluntarily as and for the act and deed of said City.
WITNESS my hand and official seal at Delray Beach~ ·
Florida, on this .9...th day of July, 1968.
. ./~:: , "~':i;.!":?: " :" "<;~ :~:-;
My commxssxon expxres
Not.~,~, P~:blic. St~t~. of Florida ~t
M~ Commissian E~j;ires Sept. 13, i970
Bonded By Amoricaa ~ite & Cas~lf~ Go
148'C
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I HEREBY CERTIFY, that on this day, before me/ an
officer duly authorized~in the State and County aforesaid to
take acknowledgments, personally appeared JOHN C. BORDEMAN and
KENNETH C. ELLINGSWORTH, well known to me to be the President
and Secretary of THE CHAMBER OF COMMERCE of Delray Beach,
Florida, the corporation in whose name the foregoing instru-
ment was executed, and that they severally acknowledged exe-
cuting the same as such officers of such corporation freely and
voluntarily under authority duly vested in them by said cor-
poration, and that the seal affixed thereto is the true cor-
porate seal of said corporation.
WITNESS my hand and official seal in the Con,q,! nd
State last aforesaid this __~D day of July, 1968
Notafg Su lx¢' State o
My commission expires: -,, ~,,~..: ..,
g~t~rv Public, State .f rl~)ri~,~ ~t
~. - 148-D
D E l~. R A Y B E , F L O R I D A
July 2, 1968
City Council
City.of Delray Beach
Florida
Re:~ Advisory opinion on request of Mr. David Hoggins
for refund of occupational taxes
Gentlemen:
This is to advise you that I am of the opinion that neither the
City charter nor the Ordinances of this City would permit the
City Council or any member of the administration to refund
occupational license fees paid by Mr. David Hoggins over the
past few years.'
Article 7, Section 16 of the City Charter is the section that
authorizes the City of Delray Beach to license and tax busi-
nesses carried on and engaged in within the corporate limits.
It gives the City Council by ordinance the right to classify
and define such privileges, businesses, occupations and professions
for the purpose of taxation and the classification and definition
and states that the amount of such license or license tax shall
not be dependent upon a general state revenue law.
In 1951, the City Council adopted an ordinance which, among other
things, exempts persons 65 years of age or over from the necessity
of obtaining an occupational license provided those persons
are entitled to exemption by state law. The Ordinance provides
that application for exemption shall be made to the City Council
of the City and for part of the application, the licenseesmust
show that they are qualified for this exemption under state law.
Th~ state law regarding exemption for persons of advanced age
is found in Section 205.162, Florida Statutes. It exempts
persons sixty-five years or older with not more than one em-
ployee or helper, who uses his own capital only not in excess
of $1,000.
While Mr. Hoggins, on proper application, can very possibly be
exempt from obtaining the license next year and succeeding years,
the City has no power to refund him license fees paid in the past.
City Council July 2, 1968
Page two
Application for exemption is a prerequisite, both on ,the city
and state level, much in the same manner as an application for
Homestead Exemption. Should an applicant faiI to submit his
request for Homestead Exemption prior to a certain date in the
year, he loses the exemption for that year.
Mr. Hoggins should be advised he should apply for an exemption
on or before September 30, 1968, for the succeeding fiscal
year.
! hope I have-answered your question.
Respectfully,
JRA :ink ~
148-F
RESOLUTION NO. 31-68.
A RESOLUTION OF THE CITY COUNCIL OF TH~
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF A STREET IN
DEL-RATON PARK SUBDIVISION.
W~ERE~, ROSE G. ARKIN, the owner of Lots 27
through 31, Block 1, and Lots 6 through 27, Block 17, DEL-
RATON PARK SUBDIVISION, has made application to the City
Council of Delray Beach to vacate and abandon a portion of
a street in DEL-RATON PARK SUBDIVISION, and
WHEREAS, said dedicated right-of-way has never
been opened or used~ and is deemed not needed by said City;
NOW, THEREFORE, BE IT ~SOLVED BY T~E CITY COUN-
CIL OF THE CITY OF DELRAY BEACH, FLORIDA:
That pursuant to Section Seven (7), Paragraph
Three (3) of the Charter for the City of Delray Beach,
Florida, it is hereby determined to vacate and abandon
any title and interest in the following described prop-
erty:
The North half of Avenue "D" DEL-
RATON PARK SUBDIVISION, as appears
on Pages 9 & 10, Plat' Book 14, Pub-
lic Records of Palm Beach County,
Florida.
PASSED AND ADOPTED in regular session on this the
8th day of July , 1968.
/sl~ ~ 'SAUNDERS
MAYOR
ATTEST:
~S/ R. D....Worthinq ..... ~- : . .~ . ..
City Clerk
08
148-G
RESOLUTION NO. 32-68.
A sO uTi0N OF
OF DELRAY B~ACH, FLORIDA AUTHORIZING ~ CI~
ST~ET RI~G~OF-WAy OF V~OUS ST~ETS IN
~~, the City Council of the: City' of Delray Beach,
Florida, did, on the 24th aay of June, 1968, by a~ption of Res-
olution No. 28-68, dete~ine to proc~d with the construction of
sid~alks within ~he street rights-of-way of the following s~reets
in the City:
CONSTRUCTION OF SI~W~, five (5) feet in
width, on the Nor~ side of S. E. Third Street
between S. E. Third and Fourth Avenues, the
total' cost, as esti~ted, for such ~prove~nt
'" being $800.00; ~O on the East Side of Venetian
Drive co~encing at Miramar Drive and extending
n°rtherly to ~he p~king area in Block A~, Jo~
B. Reid's Village, the totaI cost, as' estimated,
for such improve~nt beiug $1,.300.00.
~~, the resolution providing ~heref0r ~.has been duly
published as re~ired by the' City ~,ter~ together ~With a notice
that objectio, s to said Smprovement' ~u!d be heard,, and
pro. sea improve~nt.
~W, ~FO~, BE IT ~SOL~D by the City Council of
the City of Del~ay Beach, Florida, ~that the City Manager be and
he %s .hereby instrUcted~ to p=oCeed with the const~ction of 'side-
w~lks'~within the street rights-of~ay 'of the a~ve listed.streets
in the City, .to a width of five feet, accOrding to~ the p~ans~ and
specific.ations heretofore fi1ed With 'the'City Clerk', and a copy
thereof filed in the office of the City Manager and kept o~n for
inspection of the.p~lic.
Passed in re~lar session on this the."8th~day°f July,
1968.
AT. ST:
City Clerk
148-H
m~SOL~XON Z~O. 33-68.
A RESOLUTION OF T~E CITY COUNCIL OF
.~ CI~ ?.OF DELPJ~Y BEACH,~
~ ~0RZZZNG~ T~ .~J-TZ~ OF AG~E-
OF ~ F~RIDA ~ST CO~T ~ILWAY C~-
P~ AT A ~I~ ~A~D 4,684 ~ET
S~T~Y PR~ R.M.P. NO. 318, ~
~U~D FR~ JAC~O~L~,
BE IT ~SOLV~, by the City Cou~il of the City of
Delray Beach, F.lorida, a Florida municipal cor~ration, as fol-
l~s:
1. That the City of Delray Beach' a~nicipal co
~ration of the State of Floridn,.does hereby contract and agree
to enter into an a~ee~nt with FloziSa East Coast~Railway C~-
pany, ~erein and whereby the said City of DelrayBeach. is given
the right an~ privilege~ install and maintain, for the put, se
of a s~itary sewer ~n, aline of 12-inch cast ~ron pi~ en-
case8 ~n a 24-inch steel pipe conduit.
The sewer ~orce main line so installed shall
located not less. than~fi~e(5.0') feet belowthe~.~bott~of the
ties in such tracks, and, ~=ther. in ~pliance with con~tions
as conteine~ in the Railway C~pany's p~epared 'License~ree-
ment' and location to be, as stated herein~ove~ aha sho~ on
City of Delray ~eachprintasprepared by Russe!'la~on, Project
NO. 59~-8c ~ated June 8, 1968.
2. Xt being furthe= u~rst~d that the. installa-
tion an~intenance o~sai~ sewer~orce ~inli~ shall
full compliance with all~conditions setfo=thiaeai~,~icense
Agreement' as.prep~ea b~ the Licensor, a~which ~$
hereto and made a part hereof.
3. ~at this Resolution shall take effect
ately u~n its passage.
,P~S~ ~ ~O~D this Otb day of ~ly, 1968.
/S/ J._ L..Saqnders
MAYOR
ATTEST:
/S/ R. D. Worthi.Dq City Clerk
148-I
ORDINANCE NO. 18-68.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING
TO THE CITY OF DELRAY BEACH CERTAIN LANDS
LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LANDS ARE coNTIGUous
TO EXISTING MUNICIPAL LIMITS OF SAiD CITY;
B~DEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LANDS; AND' 'PROVIDING FOR TH~
RIGHTS AND OBLIC~ATIONS OF SAID LANDS.
WHEREAS, the City of Delray Beach, A Municipal Corpo-
ration of the State of Florida, is the fee simple owner of the
progertY hereinafter described, 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 granted to it by the State of
Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITy COUNCIL
OF TH~ 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 tracts of land located in
Palm Beach County,' Florida, Which lie contiguous to ~aid City,
to-wit:
Those portions of the aw% of the SW% of section
8, Township 46 SOuth; Range 43 East, described
as follows:
1. The south 1/2 of the NE% of the SW% of the SW~
of Section 8', Township 46 South, Range 43 Bast,
less right-of-way of Lake Worth Drainage Dis-
trict E-4 Canal, and subject to a drainage ease-'
ment covering the North 50 feet and the East 50
feet of said South 1/2 of the NE% of the SW% of
the SW% of Section 8-46-43;
2. That part of the NW%'of the SW% of the S-W% of
Section 8, TOwnship 46 South, Range 43 East,
lying ~ast of the right-of-way of Lake Worth
Drainage District E~4 Canal and North of Lake
Ida ROad right-of-way;
3. That part of the SE% of the SW% of the SW% of
Section 8, 'Township 46 South, Range 43 East,
lying North of said Lake Ida Road right-of-way,
and subject to a drainage easement over the
East 50 feet thereof;
4. That part of the East 187 feet of the SE% of
the SW% of the SW%'.of. said 'Section 8-46-43
lying. South of the right-of-way of Lake ida
Road, subject to a drainage easement over the
East 50 feet thereof and the South 50 feet of
the West 110 f~et of the East 160 feet thereof.
148-J
Page 2. ORDINANCE N0. 18-68.
Section 2. That the boundaries~of the City of Delray
Beach, Florida, are hereby redefined so as to include therein
the above described tracts and parcels of land, and said lands
are hereby declared to be within the corporate limits of the
City of Delray Beach, Florida.
Section 3. That the lands hereinabov~ described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be,
and persons residing thereon shall be deemed citizens of the
City of Delray Beach.
Section 4. That if any word, phrase, clause, sen-
tence or part of this ordinance shall be declared illegal by a
court of competent jurisdiction, such record of illegality shall
in no way affect the remaining portion.
Passed in regular session on the second and 'final read-
ing the 8th day of july , 1968.
. /S/. ,~J. L...S.au. nde,rs
MAYOR
ATTEST:
/S/ R..D..~ Worthi~nq.. City Clerk
First Reading June 24, 1968
Second Reading July 8, 1968
148-K
ORDINANCE NO. 20-68.
AN ORDiNANC~OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEAC~~, 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 MUNCIIPAL 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 T~EREOF.
WHEREAS, THOMAS J. WHITE and ALBERTA WHITE, his wife, are
the fee simple owners of the property hereinafter described, and
WHEREAS, THOMAS J. WHITE and ALBERTA WHITE, his wife, 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
authorized to annex lands in accordance with Section 185.1 of the City
Charter of said City granted t° 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:
That portion of the ~orth 150 feet of the South
950 feet of Government Lot 1 lying East of State
Road No. 140, Section 28, Township 46 South, Range
43 East..
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to inulude 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-3 as defined by existing
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, immuni-
ties, debts (except the existing bonded indebtedness) obligations,
liabilities, ordinances and laws to which lands in the City of Delray
Beach are now or may be, and persons 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 8th day of july , 1968.
/S/ J. L. Saunders
ATTEST: M A Y O R
/S/ a. D. Wo.rthinq
City Clerk
First Reading . j~ne 24~_ 1968 Second Reading _July _8, 1968
TS CITY COUNCIL
F~$M PLANNING AND ZONING BOARD
SUBJECT SITE PLAN APPROVAL
Gentlemen:
On June 18th~ 1968~ a reguiar meeting was held in City
Hall at 4:00 P.M. following a Public Hearing on June Srd~
196~ considering a petition for Site Plan Approval in
a R 8'Multiple Family Dwelli~g District on the fol-
lowing described property:
The 'NorthiO0 feet of Lot 7, less
the West 805 feet thereof, per
Plat Book 1. Page 28, Public
ReC.Ords of Plam Beach County~
Florida.
With one member absent and one member objecting~ the
Planning and Zoning Board voted to recommend the City
Council grant'approval to the Site Plan petition as
presented to Cguncil, which is in compliance with
Section 29-7.5~ of the Delray Beach Code of Ordinances.
One objector protested the setbacks and two parties
raised questions at the Public.Hearing.
Respectfully submitted
Robert H. Abbott
Director Planning, Zoning
and Inspection
RHA:kc
June 19th, 1968