03-13-67 A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at 8:00 P.M., with ~ayor Al. C. Avery in the Chair,
,City Manager David M, Satchel, Cit~ Attorney John Ross Adams, end
Councilmen J. LeRoy Croft, james H. Jurney, LeRoy W. Merritt and George
Talbot, Jr., being present.
1. An opening prayer was delivered by the Rev. N. A. Jenkins.
2, The Pledge of Allegiance to the Flag of the United States of America
was given,
3- The minutes of the regular Council meeting of February 24th, 1967,
Were unanimously approved, on motion by Mr. Croft end seconded by Mr,
Jurney.
4, City Clerk Worthing read a letter from the Palm Beach County
Co~nunity Action COuncil, Inc., signed by ActiAg Director Kenneth R.
Strauss, dated March 6, 1967, acknowledging the designation of Mr. Frank
L. CareY, Jr. as a representative of the City of Delray Beach on the
Board of Directors of said Conununity Action Council, and thanking the
City for its cooperation and support.
5. Mr. Jurney said that he .wou!.d ,like ,to propose the folIowing mot!o,~
"That the City Manager be directed to advertise for sale the recently
acqu~,re~.~ .409~ ~e~% ?~: ~each f, ront: property., south of. and .~nme~!ate!y
adjacent, to ,the newly, cons.~,ructed' Banyan HOuse,, to~ the high,est ~.id. der,
,tha~ th~ C£%y Coun.c£1., ~oUid: reject'' an,~', and klb,bids': ,. ~e/the~ 'Said he
~el(~ ~l~'e. city. s,hOUi,d dispose o'f said~eac~ prOpertY in °rd~ t'o have
f~n'ds' to Cbnti'nue the' 'Beach Revetment program and construct a Law
~.nfor.cem~nt Complex., The motion was seconded by Mr. Merritt.
Mayor Avery suggested that this item be discussed at a workshop
meeting before &ctio~ .ks t~aken... ~. , ,. ~,, ,~
.'~ ~he' City'Manage~' '~ked for clarification of the motion in regard
to advert'ieement of the property for sale. Mr. Jurney said it is his
intent in ,refe~ri~g. ,.this to. th~..C~ity. Man, ageF to be adver,tieed, that it
be. advertised ~n accordance with. ~he City. ~arter but n~%'. limited to
Chh=tar proviSiOna aa tO the min~u~ advertisement.
Upon call of roll, Mr. Croft, Mr. Jurney end Mr. ~erritt voted in
favor o~ the ..~o`tio~. and Mr. Talbot a~d. Mayor. Aver~ wer.e.. ,,op :~os?d..
· .... ~lipping,,r~eg~rd~ng a disease
'th~t'a.f~eC,~.s' 'the ~ol~a!i Pa~lm trees end asked that the City. Manager[ qtve
this.CilPp!ng ~0 the. Varks Department .., .,. ,
~'.' 'Mr. M~rr£tt commented on people~ conducting businesses within the
CitY.~Without .?sing licensed to d~ so, end suggested that a ,license,
.~nspector'be.' ;appOinted to takei: ~are O~ 'this situa~i{on. '
:... ,~h~e Cit~? Mia~ag4r' was re,.quest, ed~ to-survey this item and mak® recom-
5. ~4r~"Me~t( s.~i~'that Mr. p.' a. Breaded, .a long-'time ~kesiaent of
bel'ray'Beach.; p~ivatel¥ own~ e, ~ulf 0tl Sta2i~n.on .s. ~-. 6'th Avenue.
and it has b~, come' known .that- the. ~ulf Oil Company ha~, purchase~d the
e~,jaC.e, nt, p,rOperty end ,plan~ ,to build a compeny-owned station. Mr. Merritt
Said'he Would' like,-~or 'the cb~incil, to, initiate Whatever legal ac.~ion is
X.e.~re~'[ fn.'.t~'e f°z~ of an. Ordinance, to limit the number of or 'Space
betwb'eh '~Vtce. sta['ions in, an e~fort to prevent a filling, station being
built- ~ex,~ .to a~ exi&ting' station, '. . ,
done-' about'-such'. ~ s'ituat!on as =-ha~ .be:an ,pointed out by ~' eXec. ti~e of
tha Petroleum lnsti~u(4, in & mse,tk~g here 'in the City Hail .a"~uple o~
year~ ago,. " ~:'l~ L ~,'~
'46
City Attorney Adams pointed out that the location of f£11ing
stations 'could .be based on public.. ~afety.
Mr. Merritt moved that the City AttOrney be instructed to investi-
gate and prepare a suitable ordinance limiting the space between ... .
gasoline stations in the City of Delray Beach. The motion was seconded
by Mx. Jurney and carried unanimously.
The City Attorney i~formed Council that he would check with the
Planning Board for their approval in preparing such an ordinance.
5. Mr. Merritt referred to Section 3-7 (d) of the Code of Ordinances
and said there are violations of this ord~inance within the City, and
that he would like to see the ordinanue enforced.
Mr, Merritt moved that the City Manager be instructed to take the
necessary action to enforce Section 3-7 (d), Chapter 3, of the Code of
Ordinances, the motion being seconded by Mr. Croft and unanimously
carried.
Mr. Arthur Smith, Director of Planning, Zoning and Inspection,
suggested that the whole ordinance be enforced instead of just a section
thereof.
5. Mr. Talbot said that several weeks ago he had asked for a feasibility
study..to ~e~madd, on .the. opening of S. E~ let Street across the F. E. C.
Railroad and on S. E. and N. E. let Streets being made one-way streets
from Swinton Avenue to East 5th Avenue~ also a feasibility study of
cross-walks for Ocean Boulevard, and that he would ~ike to know the
status of these items.
Mr. Talbot also asked the status of the request to the Corps of
Engineers office regarding, the raising and lowering of the Intracoastal
Waterway Bridges at 8th Street and Atlantic Avenue, and said that he
would like a report on these items at the next regular Council meeting
if possible.
X. Mayor Avery said that it had been requested by people .in the
audience that Agenda Item 9.d. be considered at this time as they had
other commitments for the evening, which was agreeable to Council.
9~d. Mr. Merritt ,read the following report from the Park ~mprovement
Committee regarding additional parking in the City Park.
"In making our report the committee wants it clearly under-
stood that the problem which brought about its formation was
neither subscribed to nor advocated by any member of this
committee.
It is our unanimous opinion that this situation could have
been averted with a ;minimum of prior planning had a greater
degree of ~=onsideration been given to the location of the Adult
Recreation Center.
Very reluctantly we~ submit our recommendation to provide
for additional parking in the city park, (Diagram attached}
This was not a unanimous decision but is. seemed to be the most
feasible when safety, economy and accessibility were cons'idered."
It was pointed out that the Traffic & Parking Committee, the Police
Chief, the City ,Engineer and Mr. Stuart Lankton, Mrs. John Bordeman
and Mrs. James Bowen of. the Beautification Committee had been appointed
to study said item and make recommendations.
The diagram presented with the report showed Scheme I, parking for
~29 cars utilizing existing concrete shuffleboard ~ourts as a base for
the parking lot, and Scheme II, parking for 28 cars, south of .N.E. let
Street and east of the Lawn Bowling.
Mr. Merritt read a telegram f=om Mrs, Elizabeth Ewing, 102 ~rove
Way and a letter from Mr. & Mrs. John H. Ballantine, 705 South Ocean
Blvd., also a letter from Mrs. Stuart Lankton, representing the
Garden Clubs of Delray Beach, objecting to parking bein~ provided on
the site of the old shuffleboard courts. MrS. Lankton also made
· suggestions for improving and beautifying the area of the old courts
and suggested that before any final action is taken this matter be
-2- 3.-13-67
referred back to the Park Improvement COn~ittee for further study.
Mr. Talbot moved that the two parking plans, as submitted, be
rejected,the ~otion being seconded by Mr. Jurney.
Mr. Jurney asked if that committee had explored the possibility
of parking on the east side of N. E. 7th Avenue from Atlantic Avenue
to N. E. 1st Street and on N. E. 1st Street. Mr. Merritt said the
committee had considered parking on 1st Street from 7th Avenue to the
entrance of the present parking area and that would only allow for
six parking spaces, but that 7th Avenue had not been discussed.
Mr. Jurney suggested that the 7th Avenue parking be explored, also
consideration be given to a sldewalk .being constructed east of the
parking area from Atlantic Avenue northerly to 1st Street and east to
the shuffleboard area.
During discussion, Mr. Jurney withdrew his second to the motion,
and the motion by Mr. Talbot that the two parking plans, as submitted,
be rejected was seconded by Mr. Merritt, Upon call of roll, the motion
carried unanimously.
Mr. Talbot then moved that Mr. Merrett and said study convuittee
be requested to give further study on the basis of the suggestions
and recommendation of Mr. Jurney, the motion being seconded by Mr.
Jurney and unanimously carried.
6.a. Concerning a survey of parcels of land in violation of the City's
nuisance laws presented by the City Manager, Mr. Talbot moved that the
!~Y~,¢ierk be. ,a. ut~R~i~d ~to .~rocee~. wi~h. ~h,e enf ~or~cement of Chap.~.er
5'of, the
~ad. ,u~us~ c~r~ed;.;' (C;P'.y. ,of nuisa~Ce:,'s~veF ~s attiChed't0' the
Okfi~?
S.b~, ConCer~ing b~d$ .receiv. e~. for con~t~ction o~ ..... ,a new~ sectAo, of th~
CemeSe,ry, .... City Manager .Ga~c. hel: t. nformed C~uncil th~ following, bSds had
been. receive~
.... ,Snow. Con~tructio, ,n,,.:~Inc, . . ~.,. $O,S00.O0 45
~,'~S~ '.Engineering Contractors, Inc. 33,492.00 90
"~r0Pic 'Builders, Inc. 34,210.00 120
~he~C~t¥' Manage~ r&~°rCed that the apparent low bidder i~ Ha~drives
~f. De~ray, Inc. ~n~ ithe ~mount of $30,659.74, with a completion time
0~'i20 daYS,.' 'further, _that ~ardri~es has done a large number O~.3obs
for ~he city'o~ D~l~ay. ~,each, al~ in a satisfacto~yl, manner and' has
~vai~able.adequa~e eqU£~en~ and~'ma~hinery ~e~Uired ~6.c6m~ly with the
P~.vlSioh~' 6f the. sp~c~fications for this 'project a~d it 'ia recommended
that a ~ontract therefor be awarded to the low bidder. It was so
moved ~y .Mr,. Talbot. The mot£o~ was-seconded by Mr. Croft and~ carried
unahimOusly.
~.Jc. ' Regarding, Civi!'~'Service'-Board membership, the names 02 Mr.. Robert
Fackler and MF.. Charle~ C, TUrner.were submitted for Council .considera-
tion for al~po, i~tmeff~' to/a four-year term on said Board replacing Mr,.
John H~ Braze'who i's 'no lon~er.a resident of the City.
Not 'desiring to make a choice between the two, council directed
the City Clerk to prepare the names to be drawn'from a hat-and the
name of'Mr. T.,~rner was drawn~ Mr. Talbot t[hen moved that Mr~ Charles
C:. Turner be appoi~ted,to serve for a fOUr-year term on the Civil
service'.Board, said term to start on April 1, 1967. The ~otion was
seconded .bY Mr. Jurney a~d carried unanimously.
It was pointed out' that .a Ce~ti. ficate of AppFeciation would be
sent to Mr.. Braze ~or 'his service on said Board.
6.d. 'Regarding renov&t[on of the S. E~ ~ch Street w~ter well, city
Manager Gatche'l informed .Council .that bids had been solici~ed, and:
received in three.parts .as follows~
48
MEETS GUARANTEED
BIDDER SpEC~F:~CATIONS MAXIMUM COST
ALSAY~:.DR~XNG, INC,
RedeveloPment Yes" $ 95.0.00
F~/ui~mentpurchased by City Yes 2,136.47
Installation by Contractor Yes 563,53
$~,650.00
J. P, CARROLL, INC.
Redevelopment Yes $ 900.00
Equi~ment~,archasedby City Yes 2,171.25
Installation by Contractor Yes 664.00
? $3,735.25
PAUL MAXSON
Redevelopment No $ 385.00
Equipment PUrchased by City Yes 2,340.00
Installation by Contractor No ~010.00
$5,735.00
The City Manager said that Mr, Maxsonl, a quotation'also carries
the following notations: "We can do this job for$108.00 less money
using a Peerless Deep Well Turbine of equal capacity and quality."
The City Manager informed Council that the alternate is not
recommended by the CityEngineer nor the Director of Public Utilities,
and acceptance of the low qualified bid of Alsay Drilling, Inc. in the
ammunt of $3,650.00 is recommended .for. Council consideration.
City EngineerFleming informed Council that the well has been in
operation approximately twelve years, being repaired several times, and
has been out of operation since about the first of ~he year,
Mr. Croft moved that the contract be awarded ~:.the l~W~.bidder,
Alsay Drilling, Inc., in the amount of $3,650, .:~e?motion was seconded
by Mr. Jurney and carried unanimously.
6.e; Regarding railroad crossing protective signals at Lindell Boule-
yard, City Manager Ga~chel.reported to Council as follows~
"Council was informed, at its regular meeting on November 14th, of
the desire of the F. E. C. Railway Company to provide signalization
of its crossing at Lindell Boulevard, for which construction the City
agreed to assume all costs in connection therewith, in exchange for the
Railway's permission to grant Lindell Boulevard to cross its right-of-
way:
Paragraph 9 of the agreement - 'The provisions.and stipulations
of this agreementare a part of the consideration of the licensing of
the above privileges and crossing and in the event the said Second
Party (City of Delray Beach) shall fail to comply with any of the
convenants and conditions, then this license shall be void and said
described crossing shall terminate, with full right on the part of the
Trustee and RailWay to re-enter and repossess the same if they shall
elect to do so'.
Being fully cognizant of budgetary problems, the F. E. C. Railway
Company, under date of February 14th again requests Council action on
their original petition for crossing construction authorization, and
is willing to accept a resolution~from the City authorizing this work
to be done at a firm figure of $23,.500.00, payable intwo equal payments
from funds to be provided in the 1967-68 and 1968-69 bUdget.years.
Authorization is, therefore, requested for preparation of a resol~ti¢
to be submitted to Council for adoption at its next meeting,, authoriz-
ing the Railway Company to go forward with this project, which, in the
.main, includes automatic flashing lights, gate arms and customary
appurtenances in conjunction with protective crossing installations."
.It was so moved by Mr. ~alhot. The motion being seconded by. Mr.
~roft and. carried unanimously.
6.f. Regarding Change Order No. 1 affectin~ contract with William Q.
Hays construction Company,. City Manager Gatuhel informed Council that
the Adult Recreation Complex, now having~ been completed andCertificate
3-13-67
49
of Occupancy issued by the Inspection Department due to its approval
and acceptance of same, Change Order No. 1, reflecting certain addi-
tional items as shown thereon, recommended by the Architect and the
Administration, is submitted for Council consideration, and concur~
ring in the recommendation of the arch£tect, Council approval of this
Change Order, in the amount of $818,67, is recommended.
During discussion, the City Manager explained each item. contain%d
in said Change Order and said that the actual value to the City is
there and was not a matter of the original contract, and that he feels
these are legitimate items of change.
Mr. Jurney recalled the experience in building the tennis court
building and the extra amounts that had to be provided in addition to
the contract price~ further, that it had been stressed numerous times
that the Adult Recreation Complex could not go over a set figure and
since these extras had not been brought to COunci! for authorization
moved that the $818.67 be rejected. .The motion was seconded by Mr.
Talbot.
The City Manager called Council attention to the fact that the
total contract, including this Change Order, is in the amount of
$79,474.17 which is within the $80,000. figure alXoted for said complex,
City Attorney Adams said that some contracts stipulate that Change
Orders costing an additional sum shall be approved by the Council, but
that he is not sure that sti~ulation is in this contract and would like
to re-read the contract before such action is taken. He suggested
& workshop m~eting be held concerning same
.,.. ,Mr.. ;..Merrltt,..sai.d.. th~ .gn..the. advice of the .~C!ty',Attorne~ he wo, uld
~S Se,'c~.~d~d' .bY Mr...Jurney and carried una~n/mo.~usly, ,- . ..
~ :~i=~.i Manager Gatchel h~n.'suggested that agend~ items ~.g., $.h.
an~ 6.i,, .all cg~c.ernin, g theAdul~ Recreation Complex0 be omitted
Hr....~=u~n.~, s~con, ded .by. ~t=. Merrier and unanimously 6ar=ied~ '
_- ?o~ ~oo~',,~O~ coR~,o~ro~ .... io,o5o.oo
. · . (Loadma. ster 'B6d~eS) .,
(Pak-M..or $6dias).. '~.. ( '
_. ~ F. MASON EQUZPMENT CORPO.RAT.~ON .... 10,492,00
(Leach .BO.~ie~)~ ~ . ' ' .'
The C'~Y Man'a~er,. in~o~meU Cbuncil that.:-all-bids meet sl=eci'f'~cations
a~nd it ~'s"recommende~: the~ l~o~ bi~ be ~acCepted'~ further,' tha~.'al~: adequate
i=~en~orY O~,eUPPi'iea ~ ~nd: re,air', l%=ts. ~.~;,:ear=iea on. t/and-: in' Sia'~'eah.
and that: Fort ~aud~rdale has a numbe~ of~ these units 'in operation and
are highly satisfied 'with them. ' ~'
l'h'['"C~Oit =~6V.ed '~.0. approve ~he' recommendatioH 6ff %he Admin£stration,
the motion be~,nq' 'seco~d&d 'by M~, jUrney. ''
~4r. Merrett said the two Garwood garbage packer b0d~es 'to be
traded -in. have beenin .service since" 1954 and 1956' giving good service
dUr.ing .that time, and q~. estioned .cha~ging the type of packer bodies
since ith9 bid' Prl~e f~r the G ',a~w. ood packers is.next' t° the low 'b'~d'.
City. .E~gineer Fkem~ng :eXPlained that the specifications were
carefully written so tha%' each· bidder WOuld examin~ the ~xisting
chassis and guaran2ee that his installation of his equipment on those
chassis would be'.dOne in his ~id p~ice in such a manner as'specified
and wo:u!~ provide, in the end, a completely workable installation,
complete even to r~t~g l~ghts, back-up lights and that everything
that is on the equipment at present is included in the cost of the
ins tal lation. '
upon call of ro11, Mr. Croft, Mr. 'Jurney, Mr. Talbot and Mayor
Avery voted in favor of th~ moti°n and Mr. Merritt was opposed.
?.a. City Clerk Worthing informed Council that Burnup & Sims, Inc.,
own a tract of land in Section 21-46-43, comprising approximately 1%
acres as shown on a sketch furnished with the agenda, for which there
are plans for early development. The City Clerk continued=
"Mr. T. M. O'Neal, the original owner of this entire area, out~
~ined on the sketch, did many years ago construct a road of excellent
quality, 18 feet in width, extending southerly from S. E. 4th Street
to the south line of his property, a dis,~ance of. approximately 638
feet.
Mr. O'Neal desires to dedicate this private road to the City for
public right-of-way purposes, and to enable Burnup & Sims property,
and possibly others, to be provided with City utility services, it is
recommended that Coullcil accept a dedicat~o~ of the 40 foot strip,
indicated on the sketch, which incorPOrates the improved road, subject
to further dedication of th~'South~ 25 feet of his property.. ~ Suc~ dedi-
cation would then provide a 50 foot width for S. E. 6th Street opening,
when deemed 'to. be in order, to. extend easterly from South swinton..Avenue,
and'.which would connect with the 40 foot north-south strip."'
Mr. Talbot moved to accept the recommendation, the motion being
seconded by Mr. Croft and unanimously carried.
?.b. City Cl~rk Worthing informed Council that a petition has been
received, hav~ng been signed by fifty-four owners of Manor House and
Grosvenor House apartments, asking the C~ty Council to act in providing
for e~tension of the beach revetment wall in order to save the public
beach.
Mr. Jurney moved that said petition be received and noted, the
motion being seconded by Mr. Talbot and unanimously carried.
7.c. The City Clerk informed Council that Baner Realty, Inc. * as
agents for the owners of Lots 1, 2, ] and 4, Block 61, request change
of zoning from C-1 (Limited commercial District} to C~2 (General
Commercial District} and that Council may deny this petition or refer
same to the Planning/Zoning Board-for a public hearing thereon and
subsequent recommendation.
Mr. Jurney moved that this item be referred to. the Planning/Zoning
Board for their recommendation, the motion being 'seConded by Mr. Talbot
and unanimously carried.
7.d. Regarding application for permit to sol£cit funds, city Clerk
Worthing reported to Council as follows:
"The V. F. W. joins with the Delray Beach Fire Department in re-
questing permission to solicit donations, through the sale of tickets
for a Bar-B-Q, a'11 proceeds from which are to assist a local fireman's
family in meeting~extraordinary expenses, resulting from a serious
abnormal affliction to a member of the family, which allegedly requires
the patient being flown to Philadelphia for special treatment.
The Solicitations Committeesuggests favorable consideration by
Council."
Mr. Talbot moved to accep~ the recommendation of the Solicitations
Committee, the motion being seconded by Mr. croft and unanimously
carried.
7.e. The City Clerk informed Council that Baner Realty, Inc., on be-
half.of the owners .of the west. 150 feet of the S% of Block 164, front-
ing on Atlantic Avenue and an irregular parcel of land providing egress
and ingress from Seabreeze Avenue to that tract, have submittedl, a ·
supplement to the offer presented to Council at its last regular
meeting. Further, that a co~y of the supplemental offer was attached '
to the agenda and it is recommended' it be referred to the Traffic and
-6- 3-13-67
Parking Committee for review in conjunction with the original offer
previously referred by Council to said Committee.
Mr. Talbot moved that this sul~plement be referred to the Traffic
and Parking Cc~m~ittee~ .further, that a report to Council should contain
the per yearcost~per car of the layout. The motion was seconded by
Mr. Jurney and. c~ried, 'Unanimously.
7.f. The City Clerk inform6d Council that the Seacrest High Junior
Exchangettes request the use of the gymnasium at the Community Center
for a Sadie Hawkins Dance, which as in the past, will be chaperoned
by its sponsors, the teachers, Mrs. Mary Stewart and Mrs. Linde Cain~
further, that it is recommended, and concurred in :by %he Director of
Recreation, that this request be granted inasmuch as it will not
conflict with established schedules of the Center.
Mr. Croft moved that the City Manager be permitted to schedule
eaid date if it does not conflict width any of his programs. The motion
was seconded by Mr. Talbot and carried unanimously.
7.g. City Clerk Wor~hing informed Council that an offer has been
received to sell to the City a tract of land, comgrising approximately
9 acres, lying contiguous to, and south of the present City-owned land
area used for City garbage and trash disposal facilities, and it is
recommended this offer be tabled for disc~ssion at the next workshop
meeting. It was so moved by Mr_. Jurney. The motion was seconded by
~ · . M.~rri~t~ ,an.4 ,~a~r,$e~ ~nan/m~ualv,
.... The. Ci~ C!,e=k in~o.~m~ Council of an,,offq~,~k~ng~ available
~;Y_._~,.~:~:~-,...~.~ .... ;q.:.~:.. ~.~g: . ~=' S br.eeze Avenue, and that it ia
~=v~m~nue~ ~n~s o~er me revered to the Traffic and Perking Commit-
...... '..'.(CO~:6f aes6~tion ~, 5-6~ .~s attached to
Talbot' ~d seconded-by "~. '~=ffeg; .
;: :.~:, T..,~; '~:~O~c~, '0~'~::~'9~ :~a~ .o~ o~c~a;
o~. theSe,,m~g:tes ~ ); :'. S~;.(page' 58~E ,'
8.c. City Clerk Worthing presented ORDINANCE NO. 2-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OP D~RAY BEACH, FLORIDA, AMENDING SUBSECTION
(c) OF SECTION 15-25 AND SECTION 15-26, BOTH
OF CHAPTER 15, PERTAINING TO ABANDONED, WRECKED
OR JUNKED VEHICLES.
(CO~y of Ordinance No. 2-67 is attached to the official co~y
of these minutes.) See Page 58-Go58-H.
Following explanation by the City Attorney of the changes this
would make in the existing Ordinance and there being no objection to
Ordinance No. 2-67, said Ordinance was unanimously passed and adopted
on this second and final reading, on motion by Mr. CrOft and seconded
by Mr. Talbot.
8.d. The City Clerk presented ORDINANCE NO. 3-67.
AN ORDINANCE OF THE CITY COUNCIL OF 'THE CITY OF
DELRAY BSACH, FLORIDA, ANNEXING TO THE CITY OF
D~LRAY BEACH CERTAIN. LAND, NAMELY THE SOUTH 45
FEET OF LOT 30 AND NORT~ 45 ~FEET OF LOT 29,.
DE~RAY BEACH SHORES, WHICH'LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY~
DEFINING THE BOUNDARIES OF SAID CITY 'TO INC~,UDE
SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND; AND PROVIDING FOR THE
ZONING THEREOF.
(Copy of Ordinance No. 3-67. is attached to the official copy of
these minutes,} See Page 58~Fo
There being no objection to Ordinance No. 3-67, said Ordinance
was unanimously passed and adopted o~/ this second and final reading,
on motion by Mr. Croft and seconded by Mr. TalbOt.
8.e. City Clerk Worthing l~resented ORDINANCE NO. 4-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF D~LRAY BEACH, AMENDING CHAPTER 5 OF THE
CODE OF ORDINANCES "OF SAID CITY TO' PROHIBIT
DOHS FROM RUNNING AT LARGE, DEFINING "AT
LARGE" AND PROVIDING A P~NALTY.
(Copy of O~inance No. 4-67 is"~tached to the official copy of
these minutes.) ' See Page 58~A.
The City Clerk read a letter, dated February 14th, 1967, from a
dog named Midnight objecting to a leash law.
Mrs. Thomas P. Harrison sa~d that she is very much in favor of a
dog leash law and referred to a letter printed this week in the Delray
Beach News-Journal about a dog named Penny answering a dog named
Midnight, and said that it presented a case just as strong for the
leash law as the letter from Midnight did against: the leash law.
Mrs. Bruno C..DeLucia, 2015 S. W. 13th Street; Mr. I. W. I(resser,
234 N. E. 17th Street; Mr. George W. Austin', N. W. 14th Street at Lake
Driver Mrs. Martin J. Metz, -.701 S. S. 1st Street; Mr. John Unrau, 121
S. E. 7th Avenue; Mr. Clarence A. Bingham, 130 S. E. 7th Avenue; and
Mr. William CUt, hinge, 222 N. E. 17th Street, all appeared before Coun-
cil and expressed themseLves'~s being in favor of the leash law. Mr.
Ed Galloway, 1919 North Swinton Avenue and 'Mrs. Charles F. Hill, 250
N. E. 20th Street, appeared in og~osition to th~ leash law.
Mayor Avery said it had been POinted out that it would require
animal control people to properly enforce the leash law which could be
costly, and that he feels if the Citer Manager -is provided with money
and a holding yar~t, a drive conducted on the packs of dogs would
solve most of the problem..~
~ ~ -8- 3-13-67
Mr. Merritt moved that Ordinance No. 4-67 be passed on this
second and final reading. The motion was seconded by Mr. Talbot.
Mr. Merritt said that he did not think this leash law ks intend,ed
to take care of any situation other tha~ the undesirable7 further, that
if the Ordinance passes he hopes the press, will give t't good coverage.
Upon call of roll, Mr.~ Croft, Mr. Jurney, Mr. Merritt and 'Mr.
Talbot voted in favor of'.the motion and Mayor Avery abstained from
voting.
X. Mr. Talbot then moved that the City Manager be instructed to see
what additional is needed to enforce this ordinance and make his
recommendations to Council at the next regular meeting. The motion
was seconded by Mr. Jurney and carried unanimously.
8. f. City Clerk Worthing presented ORDINANCE NO. 6-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY' BEACH CRRTAIN LAND, NAMELY LOT 39,. DELRAY
BEACH SHORES, WHICH hAND IS CONT~OUOUS' TO F~(ISTING
MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE
~ou~ARI~S OF SAID CITY TO I~C~UD~- S~ID
,M~,. ~9,r,th, ing,,p0, in~d. o~.t ,that the. petition for a~, nexation gl,. this
p~op~!:tY' i~' wi,th: the'~Ri~Sg0nding, that said lan~ be classifie~
%ni~9 ~'~"~b~ eii~/~"revieW' and ~mment. ' -'" ......
,. .. 1~., ,.~al~gt.~..,mO~pit... ~h,ag, Ord.~n..~ ce No,. 6-67. b.e_..tab!ed and,. referred
!~[ tg~e Piahniig/z~ning lo/ri. ' Th'e 'motion was seccnded 'by' Mr'. M~rritt
and: Cairied unanimously.
FLORIDA, RP-ZONING ARD'P~ACING
.... ~ b.C~,. S ,~1.,, ~. ,~.nd..3., .B~.~K 81, DELRAY BEACH;. FLORIDA,
!'ZONING. ~...,F~P OPvDELRAY .B~ACH,. FLORIDA, 1960~!, ,
OrdinanCe:' ~o';. ~6¥,.?aa,,unanimously placed on first, reading, on
motion by Mr..'~ii~0.~.'.~L'saa~n,d~d by Mr. aurhey..
8.h. City cle~i':'w°~.t~in~'_~iea~nt~d ORDINAI~CE ~0.
~.,,i m~i.~;~o~"?~,~ cX~.co~cIL oz~.Zaz~,ciTy' :~' :'
::. ',:,,, ~:~:: .. ~9~.:~...-~3.~z~, ~ ~z~ o~s~cz,,,
. '.~'~ :T~!~ mOv~d'that.:.~dt~'~e No. 8-6-7. be~ piac~: 0fi?firSt
Ctty'A~tor~"~s r~inded Council ~hak ag ~e lash regular
Council; ?e~t$~g'~ e '~9~,: ~.. ~~IOU~ ~F ~STR!~I~,. dated February
24-6h, '1967,.'~is preue~ed ~S~e~ing' this pr0~'ty witR ~he. iOllowing
"" ': "~ %;: ~o::.gu~ldin~:'Shall:be'.':e~O~e~;'Pi~bed.; o~ altered' on this
property that':'e~Ceed~ :~=t~: '('~6).':feet'in'h~ight ~h~U~ed .~om the
highest finished grade to the ceiling of the highest floor.
2. This covenant is to run with the land and to the public and
shall be binding on all parties and all persons claiming hereunder for
a period of .five (5) years from the date this covenant is recorded."
The City Attorney said if this is placed on first reading tonight,
it should be placed with the understanding that the DECLARATION OF
RESTRICTIONS would be filed of record on or before the date the
ordinance is passed. Mr. Talbot and Mr. Jurney accepted that addition
to their motion and second.
Attorney James W. No,Wlin, Sr., representing Mr. Walter A. Wecker
in his opposition to the reZoning of the Roig property, was present and
said that he WOuld present his client's case at the time of second
reading and public hearing on said Ordinance.
Upon call of ro11, the motion carried unanim°uSly.
8.i. The City Clerk presente~ ORDINANCE NO. 9-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE ~ITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING THE
WEST-HALF OF SOUTHWEST QUARTER OF NORTHEAST
QUARTER OF SOUTHWEST QUARTER LYING NORTH OF
THE RIGHT-OF-WAY LINE OF W~ST ATLANTIC AVENUE,
SECTION 18, TOWNSHIP 46 SOUTH, RANGE %3 EAST,
DELRAY BEACH, FLORIDA, IN "R-3 MULTI-{~p. FAMILY
DWELLING DISTRICT", AND AMENDING "Z~(~ MAP
OF DELRAY BEACH, FLORIDA, 1960".-
It was pointed out that Mr. James Ritterbusch had promised a
report on dedication of right-of-way'prior to second reading of this
ordinance, ~n4 the City Attorney suggestt~l that if this ordinance is
placed on first reading it could be plac~ with the understanding that
there will be a dedication of right-of-way, if that is the desire of
Council.
Mr. Jurney moved that Ordinance No. 9-67 be' tabled, the motion
being seconded by Mr. Talbot.
City Attorney Adams explained there will be a month between the
first and second reading'of this ordinance, and if the report is not
presented by the time of second reading, the Ordinance could be
tabled at that time.
Mr. ~urney and Mr. Talbot withdrew their motion and second and
Mr. Jurney then moved that Ordinance No. 9-67 be placed on. first
reading. The motion was seconded by Mr. Croft and upon call of. roll,
Mr. Croft, Mr. Jurney, Mr. Merritt and Mayor Avery voted in favor of
the motion and Mrs. Talbot was opposed.
8.j. City Clerk Worthing presented ORDINANCE NO. 10-67.
AN ORDINANCE Op. THE CITY COUNCIL OF~ THE CITy
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
29-8.2, CHAPTER 29, CODE OF ORDINANCES OF THIS
CITY BY ADDING SUBSECTION (C) PERTAINING TO
SETBACK RP. QUIRSMENTS WITHIN A CERTAIN AREA OF
THE CITY OF DELRAY BEACH. ~, '
It was pointed out that this ordinance creating setback regula-
tions concerning future improvement of South-12th ~reet as a .main east-
west artery is deemed advisable at this .time as' a ~sult of recent
County determination for ~nclusion of South .t2th s~eet in its over-all
arterial improvement program. -10- 3-13-67
Ordinance No. 10-67 was unanimously 91aced on first reading, on
motion by Mr. Talbot and seconded by Mr. Merritt.
g.s- City Manager ,Gatchel said that re~orts from Glace Engineering
CorpOration and the City Engineer tel'stirs to various types of artifi-
cial nourishment for the City's. public beach and suggestive procedures
had been given to Council with the agenda. Further, it may be the
sire of Council to review these extensive and detailed re~orts prior
to a workshop discussion fo=' the purpose of determining a course of'
p~ocedure, aS weZl as providing for a 'sufficient study in order tO
establish ~ossible methods of acquiring the ultimate determined nour-
ishment material.
The City MaAager further re~orted that at the present the City
is experiencing one of the finest accretions on the beach, and the
beach is in better condition now than it has been for a number of ye~rs~
and that it is the recomendation of the Consulting Engineers and the
City Engineer to wait approximately a year, as was determined at a
meeting during the time the revetment was being constructed, and th~
the City actually authenticate the various levels of the beach during
that period by establishing a chain of controls. Further, that the
City Engineer can do that work, and the beach profile be taken monthly
~o determine what is actually happening on the beach.
Mr. Talbot moved that the reports from the City E~gineer and
Glace Engineering Corporation be accepted and approved and put into
effect~ b~ .~.t~ e..CJ, t~ Man.ag.e=... T~.~/~g~i~n was ~,econdea b~,~ Mrs..~g~.. ;~y and
9.b. .Ci,ty ~ana~er Ga_~t~.~el r~=ted that h£~s have been .$oiic,~e~ for
C0pstr~C.~on ,of .a.,~ .nqr~ p,a.y~gn a.~ ~ .t~, e beamh ,in. ~mml,:~c~ Wi~ coun.,
~ :~: ' ] '~ '~':.':::~ ~ i:": 7.4, ~:~:.'h',~ ~:,'.' ;,c:,_~:~c ~ .. ~ ~.: , j ~. : :?~..,'"?~;.~', ~:
9.'.=.,.~i~Yl ~aser Gateh~ re.fred that the necessa~ needs ~d Sacil-
~s:~ ~0~ '.t~'. ~a~, ~n~or~.~n~,. comdex, is p~ogress~g..~a~ a ~e~a~ re-
;a~, ~' n~ =e~iar ~ee~ng...' ..... , . ...... ~'~
3~q~. Ca.~. re~a~,, m~n t~a~ :he C9~aty has Set UP a ~rking agre~ent '
~it~:.' ..:: ~h~: '~ ~ ty'~ ~r~] .~e~.~.e'd~ ~ ~ur.t~r~=~ . '~'~,, C=pinello ..ha~... b,e~.
here ~'.d~ ~'~.s~usseu ~'~_~ ~, ahd W~ ~e. ready tO pro'ceeU with the ~Xean
~f~:l'~':r&~' 'Eh~:"f~ore"the C~tY: 'at 'rio exP~nse.' ~is is considerably
better,, t' ;~ :9.~l~t...&~e~e~.;~n which We ha~. to Pay ~7.90r ~r
remov~ ', ,f ~'~bes~: ~ jufi~:~ vehi6~e~::yromall :~he ~r~:~s:":~, ~h~: :~i~- ~"no
9.:f. HegardXn? pro~sea: purchase of a. s~eet s~eeper~ Ci~y Manager
09~phe1' :re~ea %h~=.. the C~it~,'!~.~;%ery, actiVelY P~rSu~ng t~e. ma~ter o~
~itin~-~,~p~i~ib,ati,6~e~ ~f6~' '~'.] S"E~e'~t sweepe:'~.. as':' ~& ~:~'~n~ bwe~er~' i.s
~web~er~ :~e' beLng ~nVea~gated thto~h the manufacturers ~d through
Mi~ SeaCh,'~.For: Da~derdale, .west palm .BeaCh '~d' T~pa ~o ~e using
~eepe~s' ~: e&Ch~ %ariety~: 'and' thh~ bids will be Pre~ented · for Council
consideration as soon. aa ~ss~ble. .-~1~
., < .: 4:, ~. ~ :,:' , ~? -' .'-:': . , '
9.g. Regarding an extensive and detailed report from Glace Engineering
Cor~oration, pertaining tx) southerly projections of revetment wall con-
struction and estimated costs, Mr. Talbot moved .that this item be ta-
bled and considered at a workshop meeting. The motion was ~econded by
Mr. Jurney and carried unanimously.
9.h. Mr. Merritt read the Beautification CO~m£ttee meeting minutes of
March 1, 19670 with Council action requested on the following three
items.
"1. Mrs. Bordeman, in reporting the Garden Clubs' concern over
the debris and litter on City property, especially on East Atlantic
Avenue, stated that they are on a 'clean-up crusade' and would like
to support the-Beautification Committee in-any effort- along these lines
Mr. Bingham cited many examples of neglected trash piles and bent posts
supporting City signs. The ~arden Clubs would al'so like to see better
enforcement of covers on trucks."
Concerning this item, the City Manager reported that an antici-
pated cost of covering the City trash vehicles had been obtained, and
that he believes the City trucks will have to be taken care of before
an ordinance can be passed covering Other debris hauling trucks in the
city.
Mr. Merritt moved that this item be referred to a workshop meet-
ing. The motion was seconded by Mr. Talbot and carried unanimously.
"2. The committee reviewed Boca Raton's new architectural plan-
ning ordinance, which would set up a 'Community Appearance Board'.
They recommend that the Council investigate this ordinance for possible
use in Delray. Similar ordinances are being effectively carried out
in Coral Gables, Berkeley Hills, California, and Atlanta."
Mr. Talbot moved that this item be referred to the 'City Manager
and that he consult with any committee he deems necessary. The motion
was seconded by Mr. Jurney and carried unanimously.
"3. Mr. Parker reported that the Epicurean Club would like to
support the Spady School beautification program in any way it could.
The committee also backed up his request that additional City trash ..
cans be placed throughout the western sector Of town and also that
a..further check be made on violators of the handbill ordinance (methods
of distribution)."
Concerning this item, Mayor AverF suggested that the City Manager
be asked to again review the enforcement of that ordinance and if it is
being violated to see that it is corrected. It was so moved by Mr.
Merritt, seconded by Mr. Jurney and unanimously carried.
10.a. .Mr. Lee Harrison, 310 N. E. 1st Avenue, complained about the
operation of the incinerator at the Publix Market; the noise' of the
garbage truck making its pick-up in that shopping center between 3=00
and 4:00 A,M.; and the unpleasant noise from a series of fans on
.of the store building that run constantly. He asked the Council to
determine if a nuisance exists there, and if so that the laws be en-
forced and the nuisances remedied.
Mayor Avery reported that said incinerator is not working properly
and the air Pollution people and the State Board of Health are working
on that problem.
Regarding the other two items, Mayor Avery suggested that the
City Manager be directed to determine if a nuisance exists and return
to CounCil with the necessary recommendations to abate the nuisances.
Mr. Algot M. Swanson, 320 N. E. 1st Avenue, also complained of
the nuisances caused by the shopping center.
10.a. Mr. J. Wm. Schmalz, 200 Andrews Avenue, asked if the signs on
the Johnson property across the street from him had been investigated
to determine if they were in compliance with the City ordinances. City
Attorney Adams reported that he had given a report on said signs at the
last regular Council meeting, and as of the time of that meeting there
-I2- 3-13-67
was no violation of the sign ordinance.
Mr. Schmalz questioned the leqality of a telephone number of
another address being printed on a. sign on the Johnson property.
Mr. Schmalz reported that a pink concrete, fire hydrant, half
size, has recently been placed west of the signs on the Johnson
property, and that he thinks it is on City property and is a danger
for drivers..-
Mayor Avery asked that the City Manager investigate this item
to see if it is a violation of the City ordinances.
10.b. A workshop meeting to discuss assembled data and present status
of a storm drainage study pertaining to the Southwest Section, with
the Consulting Engineers, was scheduled for 8=00 P.M., Wednesday,
March 15th, in the Conference ~oom.
10.x. City Manager Gatchel informed Council that he has received a
request for early retirment from Fire Chief John Gregory. That this
request is for retirment on or about March 15'th due to his health and
is accompanied by a statement from his Do~tor to that effect. The
City Manager said that he would present the retirment details to Council
at a later date.
10.x. Regarding award of the bid for construction of a new section in
the Cemetery, the City Manager informed Council that said work would
be paid for from the Perpetual Care Fund of the Cemetery and since
those funds are not sufficient to cover the entire amount, funds would
have to, be borrowed from the General Fund until such time as the
Perpetual Care .Fund is able to 'repay same. ·
10.c. City Clerk Worthing presented Bills for Approval as followe~
General Fund $155,086.76
Water Revenue Fund 41,146.43
Water Operating & Maintenance Fund 6,468.71
Special Assessment Fund 198.96
Refundable Deposits Fund 1,162.98
Mr. Croft moved that the bills be paid, the motion being seconded
by Mr..Jurney. Upon call of ro11, Mr. Croft, Mr, Jurney, Mr. Merritt
and Mr. Talbot voted in favor of the motion, a~d Mayor Avery was
opposed, there being a bill included concerning him.
The meeting adjourned at 11:36 P.M.
, _ R. P. , WORTHING ..
City Clerk
APPROVED:
58-A
ORDYlqANCS NO. 4-67.
O~ D~Y B~CH, ~DX~G C~ 50P ~
CODE OF ~CES ~ SAID CITY TO PR~IBZT
~E" ~D PR~ID~G A P~TY.
~$, ~th~. C~ ~uncil h~ received increasing
complaints from res~den[s o[ the City r~ard~g ~gs ~g
large u~n public and private proper~ other than the o~er
kee~r ther~f~ of public and private nuisance co~itted By
s~h an~ls~ ~d of d~age ~ ~bli~ and private prop~ty
~rsons ~ such ~als~ and
~S, ~e situa~ion has reached that ~int where
r~ed~al legislation of a e~gea~ nature is uec~s~y to re-
.ire to be done ~at which some o~era of dogs a~p~ently will
~t do vol~tar~ly, that ~s, exercise reasonable restrain~
~n~ol over their doga~ and,
~,~ ~e City Council i~ charged with the pro-
tec2ion of the heal~, safe~ ~d welfare of the genera[
N~, T~O~, BE IT ~I~D BY T~ CITY C~C~
OF ~ CITY OF D~Y B~H, ~Z~. ~
Section 1. ~at ~a~ter 5 of the Code of O~inancee
of said City be, ~d ~he e~e ~e here~ ~end~ ~ add~q
"Sea[ion 5-~ Ru~i~ at large - Proh~bited.
It shall be unla~ul for ~y pers~ ~o shall
o~, or have the c~e. cust~ or ~trol of
~y dog to p~it such dog to r~ at large
w~ the cor~rate l~i~s of the ci~. 'At
large' shall me~ ore the ~r~iees of the
or custodi~ of such dog ~d not ~der
~ leash, cord, chain or voice control.
~y dog found r~ning at l~ge wi~in ~
limits ~s decl~ed [o Be a ~blic nuis~ce~
the o~e~ of ~y such dog found ruling at large
shall he'guilty, of ~ offers and shall be
~nished as. provided ia Sect~o~ 1-6 of this
Code. In any prosecution brought under
aec2[on, it shall ~t be necessary for the
c~ty to allege or ~rove knowle~e or neglect
on ~e part of ~y ~cused person."
P~SED ~ ~PTED ~ regular session ibis ,,
day of .... March . _, 1967.
MAYOR
A~EST ~
./~.% ~., wsrt~2 ,, ,
First Readfng February 13, 1967 Second R~ding March 13, 1967
58-B
P~OI'ZaTIES IN 9ZOU~ZION Or O~mZ~N~Z'm.
~nd SECTIONS. 15-3 an~ 15-4 of ~e CI~ CODE.
' ~ - . - pROPERTY CITY
Joseph Signorello C/o ~ean Garden Hote~ '~West 85 feet of 15-3
~901 North Ocean BI~. East 295 feet ~
Delray Beach; ~Fla. of So~th i35.3 feet 15-4
of North 1090.3 feet
~L of .S~%, Section
9-46-4'3 ~
(~t 9, Sou~ys)
2.
J. A. & G.V. 4656 Sylvania .Ave. Lot 12 & EaSt ~6 15-3
Minch Toledo, Ohio 43623 -feet of ~t 11,
Crest~od 15-4
Violat{ons 15'-3 and 15&4 as concerns this report are as ~ollows:
1. 15-3 - Garden Trash (palm fronds)
15-4 - Weeds
2. i5-3 - Dead tree & dead fronds
15=4 - ~dergro~h along east property li~e
submitte~ 'to' the City'~o~cil by the City ~nager on
this ~e 13~'day of ~r~h, '1967~
RESOLUTION NO. 5-67. 58-C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLOP. IDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT .AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES., AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY iN AN AMOUNT AS SHOWN BY RE-
PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the. City.of Delray Beach, did, in
re~ular///~/~F/~/////////sessiOn held on the .26thl of September,. .
and 14th of Nqvember~ ,1966 ...... declare the existence of a nui-
sance upon certain lots or parcels of land, described-in a list sub-
mitted to them, for violation of the provisions of Ordinance G-147;
WHEREAS, pursuant to such declaration, the City Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice describing the nature of the nuisance and
that they must abate said nuisance within thirty (30) days, failing
in which the City Council would have it done, and the cost thereof
would be levied as an assessment against said property; and
WHEREAS, the owners hereinafter named did fail and neglect to
abate the nuisance existing upon their respective lands within the
time prescribed in said notice and Ordinance G-147, and the City of
Delray Beach was required to and did enter upon the following lands
and incur costs in abating the nuisance existing thereon as described
in the aforesaid list; and
W~REAS, the City Manager of the City of Delray Beach, has, pur-
suant to said Ordinance G-ld7 and the City Charter submitted to the
City Council a report of the costs incurred in abating the nuisance
as aforesaid, said report indicating the costs per parcel of land
involved. '
NOW, THEREFOBE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELI~AY BEACH, FLORIDA, AS FOLLOWS:
1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the
City's cost of abating the aforesaid nuisances upon the lots or par-
cels of land described in said report,, a copy of which is attached
hereto and made a part hereof, are levied against the parcels of land
described on said report and in the amounts indicated thereon. Said
assessments so levied shall be a lien upon the respective lots and
parcels of land..described in said report, of the same nature and to
the same extent as the lien for general city taxes and shall be col-
lectible in the same manner and with the Same penalties and Under the
same provisions as to sale and foreclosure as city taxes are collect-
ible.
2. That the City Clerk of said City shall, as soon as possible
after the effective date, record a certified copy of this resolution
in the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, and shall furnish to each of the owners named in and
upon said report a notice that the City Council of the City of Delray
Beach, did, on the 26th of September and 14th of November, 1966
order the abatement.'Of a certain nuisance e~iSti~g o',~t~eir described
prQ~.e~ty and property 'owner having failed to abate such nuisance,
Within the 30 da.~y period, whereupon it was abated by the City at costs
shown in said ~eport and such assessments shall be legal, valid and
binding obl'lgations upon the property against which said assessments
a~e levied. This resolution shall become effective 30 days from the
dar& of adoption, and the assessments contained herein sba1! become
due and payable thirty days after the mailing date of the notice of
said assessment, after which interest shall accrue at the rate of 6%
per annum on any unpaid portion thereof.
PASSED AND ADOPTED in regular session o~ the ,..1.3t~. day of
M~rch .... , A.D. 19.6.7 .
ATTEST:
~S/ AI~iC. Avery
MAYOR
. /:/ R,. D: Worthing
58-D :'
COST OF ABATING NUISANCES UNDER ORDINANCE NO. G-l~8.
PROPERTY DESCRIPTION OWNER ASSESSMENT
September 26, 1966 list.
Lot 32, Block B, ToUrist Nook John &' Gladys Reynolds $13.00
NoVember 14, 1966 list.
Lots 18 .& ~19, Block 41 John Taylor'Estate $40.00
58-E
AN ORDTNASC~- OF THS CITY COUNCIL
TER- CITY OF DE~4~AY BF, ACH, FIX)RIDA,
RSPSALING ORDINANCE NO. 64-66, PA$SSD
AND ADOP'~-,D BY TI~ CITY COUNCI'r. ON THE
19th DAY OF DSCBMBSR, 1966.
WHERSAS, the City Council of the City of Delray
Beach, Florida. passed Ordinance No. 64-66 on December 19,
1966, adopting Schedule VI~I as an additional portion of
the Florida M~el Traffi~'i0r~inan~e (designating certain
streets as being prOhibite~'for use 'by trucks hav~ng'a
gross to~a~ in excess of three tons), and '
~S, it has bee~ brought to ~e attention
of the City Co~cil. ~at' it ~Ul~ be preferable to accom-
plish ~e same pUt. Se by having ~e ~affic Engineer make
Statutes, 1965 ~
~W, ~FO~, BE'iT O~AI~ BY ~ CI~ CO~C
OF T~ CI~ OF DE~Y B~CH=
Ordinance No. ~64~66, ~ssed and~ adopt~ ~ce~er
19, 1966, ~, and the same is hereby repealed.
PasSed in re~lar session on ~e second a~ fi~l
reading on ~e 13th ~ay of March , ~967.
/S/ Al. C. Avery , ,.
· ~ M~YOR
ATTEST:
/S/ R. D. Worthing- _ . -_
' ":City Clerk
First Reading . February 13, 1967
Second Reading MarCh 13, 1967'
58-F
ORDINANCE ~0. 3-67.
AN ORDINANCE OF THE CITY COUNCIL OF TI~E CITY OF
DELR~Y BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, .NAMEr. Y THE SOUTH 4S
FEET OF LOT 30 AND NORTH 45 FEET OF LOT 29,
DELRAY BEACH SHORES, WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE-
DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTs AND OBLIGA-
TIONS OF SAID LAND; AND PROVIDING FOR THE ZONING
T~EREOF.
.WHEREAS, MARIAN R. DAY is the fee simple owner of the prop-
erty hereinafter described, and.
WHEREAS, MARIAN R. DAY, by her petition, has consented and
given permission for the annexation of said property by the City of
Delray Beach, and
WHE~AS, ~..the ;City' Of ~e'lray a;aCh ha,s heretofore helen author-
ized to annex 1&rids in aCcOrdanCe w!th:::~ction"185,1 of the eiey Char-
ter of said'CltY gran~ed to it by the S~te" of FlOrida.
NDw, THEREFOHE, BE ZT ORDaZ~D BY THE CITY C0~CZU
CITY OF DELRAY BEACH{ FLORIDA, .AS .FOLLOVS=
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described tract of [and located in Palm Beach County,
Florida, which lies contiguous to said City, to-wit:
That tract of Land, namely th~-South' 45 feet
.. of. Lot 30.and North 45.feet of Loc 29, Delray
Beach Shores, per Plat Book 23, Page 167,
Public Records of Palm Beach Co~ty, Florida.
SECTION 2. That the boundaries' of the City of Del.ray Beach,
Florida, are hereby redefined so as to include therein the ab°Ye
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. Tha2 't~e tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA, as defined by existing
ordinances of the City of Delray Beach, Florida. .
SECTION 4. That the land hereinabovs described shall
mediately become subject to all of the franchises, privileges,
munities, debts (except the existing bonded indebtednesS), ob~iga-
tions, 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 cf this ordinance sha~l be 'd~c'lared 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 13thday of March , 1967.
ATTEST: M A Y O R
/S/ R. D. Worthing
First Reading Februarv.13~.' 1967 ~.. Second Reading, March 13, 1967
58-G
A~ ORDZNAN(:~ OF ~ ~ CO~CZ~ O~ ~
SUBSBCTZON (c) OF S~CTZ~ ~5-25 ~ SEC-
TION 15-26, BOTH OF C~R iS, PE~AIN-
ING TO AB~O~, ~C~D OR ~D ~-
NOW, BE IT O~AI~D BY T~ CITY CO~CIL OF T~ CI~ OF DEL~Y
~, ~ORIDA, AS FOLLOWS:
Section 1. That S~sect~on (c) Section 15-25, ~a~ter 15, Code
o~ Ordinances of the C~ty of ~lray ~ch, Flor/da, be and ~e same
is hereby a~nded to read as follows:
"(c) It shall be the duty of ~e city manager, or his
designee, to give written notice to'the reg~Stere~ o~er
of any motor vehicle ~ich is in violation of th~s section
as descried above or to g~ve Such not,ce to ~e o~er or
lessee or other person in possession of private land u~n
which said motor vehicle is situated, giving notice ~at
said vehicle violates ~is section, an~ de~naing ~at said
motor vehicle be removed from the city limits wi~ seVenty-
two (72) ho~s, or that within seventy-t~ (72) ho~s, sa~
may ~ housed in a building where it will not be v~sible from
the street. Said noti~ ~y be given by personal service, or
by regis~red' or cert~ied ~il, wi~ a ret~n receipt re~est-
Section 2. That Section 15-26, ~apter 15, of the Code of Ordi-
nances of ~e City of Delray ~ach, Florida, be, and ~e same Is here-
by amended to read as follows:
"Sec. 15-26 Penalty.
Any ~rson, [i~ or corporation ~o shalI violate ~e pro-
visions of Sec. 15-25 of ~is article shall, upon convic-
tion ~ereof, be p~ishea as provided in Section 1-6 of ~e
Code of ~di~nceS of the C~ty of Delray Bea~. Provide,
however, if ~e ~rson, fi~ or corporation receiving
notice provided for in s~section (c) abo~ e~cutes an
agreement in a form s~lar to ~at 8ttached to this ordi-
nance, the citY'w~ll arrange for ~e removal of the vehicle
for ~e party or parties rece~v~g said notice, and no war-
rant for arrest Will Be issued. .The cost for such removal
s~ll be ~e m~mum cost available to ~e c~ty for Such
moral at the t~me and shall be paid to the city by the party
or ~rties ~t the t~e of ~ecuting such agree~nt."
~ction 3. Should any section or provision o~ this ordinance or
any portion thereof, or any paragraph, sentence or word be declared by
a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the reminder hereof as a whole or any part
hereof, other than the part declared to be invalid,
PASSED A~ ~OP~ this i3th day of March , 1967.
/S/ Al. C. Avery
A~BST: M A Y O R
City Clerk
First Reading February 13. 1967~ Second Reading ~ch 13, 196~.
0S
AGREEM~N~
Know al~, men by these presents, ~a~ in ~on-
s~e~a~on o~ an o~e~ ~ ~e ~iC~ o~ ~r~ Beach,
(~a~ he ~s ~e owne~ or occupan~ o~ ~e ~ope~
~heFe ~he vehicle ~s ~o~a~ed), and hereby gFan~s,
bargains, sells, t~ansfers and delivers unto ~e
City of Delray ~ach, the follow~ng ~escr~bed auto-
mobile:
Dated this day of .- ,19
Witnesses:
''~ ~OWner -*S~ller O~cupant--