04-24-67 APRIL 24, 1967.
A regular meeting of the City Council of Delray Beach was held
in the Council chambers at 8:00 P.M., with Mayor Al'. C. Avery in the
Chair, City Manager David M. Gatchel, Cit-f Attorney John Ross Adams,
and 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. Linton Lawrence.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular Council meeting April 10th, 1967, were
~animously approved, on motion by Mr.. Croft and seconded by Mr. Jurney.
4. City Clerk Worthing read the following letter from the Coordinator
of Art Education of the Board of Public Instruction of Palm Beach
CountY, dated April 12th:
"This is, I am sure, not the first or only congratulations
on the Delray Affair. As Coordinator of Art Education for
the Palm Beach County Public Schools, I w~sh to add my
congratulations and thanks. Your help and consi~eTat~oa in
providing space for the Delray Beach Junior High Art
Exhibition is greatly appreciated.'i
4. ·Mayo~i'A~er~ read a 'ProclamatiOn, 'prociaiming May 22nd', 1967,
.NATIONAL. MARIT,LME .DAY and urged, all citizens to honor the t,r. adition of
Ser%ice~.an'd the great contribution from the men and the ships of the
American.Merchant Marine to the well-being and security of all Americans.
5. Mr. Merritt said .that Ne had .two or. three items typed to p.resent
to the CLty Manager for Lnvestigat~on. He then asked if so~eehLng
could be done about the condition, of S. E. 1st Avenue and 4th Street
leadi~ng to the Delray Bowling Lanes, and requested that the City
Manager look into thi~ and bring a report back to Council.
5. Mr. Ta!bot.mentioned a contract that had been submitted to each
Councilman regarding disposal of pre-treated sanitary sewerage from
Ocean Ridge, Briny Breezes and Gulfstream and asked if this contract
would be considered by Council at a workshop meeting or discussed at
~ regular meeting.
city Manager Gatchel informed C0uncil that a meeting with offic-
ials of t. hose three towns is planned for 2~00 P.M., Thursday, April 27th,
at which time they will discuss what the C~ty A~lnistration considers
to be the final~ion of~th~s contract to be recommended to the City
Council for consideration~ The City Manager said if any Councilman has
any particular ObjeCtion to said contract, it should be made known to
the Administration, and following the Thursday meeting the contract
would be presented to Council.
City Atto'may Adams said that he would meet'with councilmen
sometime during the'next ~wo days .to discuss 'said contract.if they so
des ired.
5. Mayor Avery reported that he had attended the Engineering Symposiu~
on Beach Erosion Control last Thursday at Stuart, and that. City Manager
Gatchel had presented the film'a~d story on the De, ray Beach Revetment
Projact. He said that recommendations have been n~de to the Florida
Shore and Beach Preservation Association Board of'Directors and that
representatives of Delray Beach will meet with them on Friday evening,
and recommendations should then be presented to Council.
5-. Mayor. Avery re'fred that an employee of Rinker Ma~erials Corpo-
rat'ion 'had informed him of a Portland Cement Association film which
, -1 - 4-24-67
included pictures of the Delra¥ Beach Revetment project which is 9ivin~
Delray Beach nationwide publicity.
City Manager Gatchel informed Council that Delray Beach would
receive international .publicity this coming Friday at the City Hall in
West Palm Beach as the Delray Beach Revetment film and story would be
presented before a Delegation from Australia who will be the guests of
the COunty and City.
6.a. Mayor Avery asked that the City Attorney and P-ngineers open and
examine the bide received for extension of Sewage Works Project in
Areas 12, 20 .and 21 and the City Clerk reported the bids as follows~
". ~ BASE BID ALTERNATE BID
BIDDER Items 1 thru 15.,. Items I thru 14,
.......... ~ ~16 ,~,IT ,thru, 30 ..... !ia,& 1,6a thru 30 ,,
Belco Contracting ¢o.
Margate, Florida ~213,887 ;00 $216 ~ 062.00 160
Busby & Sti~paon Inc.
· O~lando 0 Florida $1980418.65 150
Cleary B~oa' Conet. CO.
Weat,~tm B~ach, Florida $226.694.95 $227,024.95 200
Dawson Co., Inc.
Jupiter, Florida $171,240.97 $172,500.97 200
Intercounty Constr. Corp.
Ft. Lauderdale, Florida $204,722..05 $204,722.05 160
McPheraon Pipe Line Const:
Inc., Sarasota, Florida $1991,754.75 $199,124.75 200
United Utilities of Fla.
Hollywood, Florida . $210,920.25 $215,570.25 90
Mayor Avery suggested that these bids be referred to the Engineers
for tabulation and recommendation,. It was so moved by Mr. Croft,
seconded by Mr. Talbot and Unanimously carried.
6.b. .Concerning a survey of parcels of land in v~ation of the City's
nuisance laws presented by the City Manager, Mr. Talbot moved that the
City Clerk be authorized to proceed with the enforcement of Chapter
15 of the Code of Ordinances. The motion was' seconded by Mr. Merritt
and carried unanimously. (Copy of Nuisance survey is attached to the
official copy of these minutes.) See page 90-A.
6.c Regarding right-of-way and under-water property north of Lot "X"
·
City Manager Gatchel said' that authorization is requested for execution,
by the proper City officials, of an Agreement With the New River Company
at such time-ae commitment of title to under-water lands in Block 136
and 144 is delivered to the City~ further, that this pertains to certain
previously discussed exchanges of und!~r,water property and abandonment
of a portion of Casuarina Road. ' ~
Attorney John Moore, representing the New River Company, Inc.
explained the different conditions contained in said Agreement. ~(Copy
of the Agreement is attached to the official copy of rheas minutes.)
City Attorney Adams commented on his letter to Council, dated
April 21st, concerning this item. (Copy of said letter is attached
to the official copy of these of minutes.) ~See pages 90-B-H.
Concerning a title search, City Attorney Adams informed Council
that he has searched the entire bottom lend, but had recommended that
the City get a policy of $10~000~ to insure getting a clear title, and
that would be insured subject~only to the spoil easements, at a cost
of approximately .$150 ~ 00 to th'e. Ci~.
Following discussion, it was suggested that a motion be made
to authorize the. execution of said Agreement and the preparation of a
resolution covering the abandonment of a portion of Casuarina Road
right-of-way, subject to the New R-iver Company, Inc., being able to
deli~r:, a clear title with the exception of the spoil easement. It
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was so moved by Mr.' Jurney. The motiofl was seconded was seconded by
Mr. Croft and carried unanimously.
6.d. Regarding fin&l payment to the contractor-and architect for the
Adult Recreation~complex construction, CityManager GatcheLinformed
Council that minor adjustment~ and corrective steps 'concerning items
of exception to the completed Recreation Complex having been p~ovided~
authorization is requested to effect final payment to William Q. Hays
Construction CompanY, in the amount of $k,818~67, and unpaid balance
of $992.99 to Mr. Kenneth ~Jacobson for. architectural and supervisory
services rendered in connection withe'the planning and construction of
said Recreation Complex.
Mr. Jurney moved that those two bills be paid, the motion being
seconded by Mr.'Merrittand unanimously carried.
6.e. Regarding a proposed amendment to the Rules and Regulations govern-
ing the City cemeteries, City Manager Gatchel reported to Council' as
follows=
"The original Rules and Regulations, governing the use of the
cemeteries, were adopted by Council on May 25, 1953, and, in part,
provided that - 'Every earth interment shall be made enclosed in a
concrete box, or in an outer wall of stone, brick, concrete, wood or
steel.'
It is requested that said Rules and Regulations be amended to the
extent that, as of May. i,..1967, no further interments in the Delray
Beach cemet~rie9 be~per~it~ed in an 'outer box~ of wood construction,
all interments ~re£n ~o b~ pro%ided with a concrete liner, or equal,
of a type.aPPrOved, by ~he .Management and insta!led by the funeral
director und~r't~e,,superv~'~ion.of the C~me~ery Managem. ent."'
"Mrl Talbot m0v~dthat said recom~endati°ns be ~ccepted, the
motion be£ng sec~ded"by'Mr% crO~t and unanimously carried.
6.f.. The City Manager informed council the City had .been presented
with 1200~pl.ants by'Dr..Nat. M. Weems, Sr.,. of Boyn~onEeacho a
horticulturist by hobby,..and the. gilt'consisted of 850 Hibiscus bushes
and 350 Croton plants for beautification of parks, playfields and
rights-of-way.
Mr~ M~rritt moved that the City Manager write a letter to Dr.
Weems acknowledging his gift and expressing the gratitude of the' City
for said gift. The motion was seconded by Mr. Jurney and carried
unanimously.
6.g. Regarding the..a~plication of Mr. Ernest Glass for a Certificate
of Public Convenience'permitting him to provide taxi service'within
the Cit~, City_Manager GatChel informed Council that the application
reflects no financial status, one of the requisites 'for favorable
consideration of such an 'application, as set forth in the Code of
Ordinances, and in view thereof, together with the unfavorable medical
report of a ~ocal physician concerning the applicant, it is~regommende~
that the request'be de~ied.
The request'..was' U~an~mously denied, on motion by Mr. Croft and
seconded by Mr. Merritt.
6.h. Regarding a sidewalk on S, E. 3rd Avenue between' 1st and 2nd
Streets', City Manager Gatchel re~orted'as".follows:
".As requested by Council at its last regular meeting, a study
of the pOss£bility Of providing a sidewalk facility on S. E. 3rd
Avenue between 1st and2nd Streets has been made,~the results thereof
being reflected in the report from the City Engineer wit~ estimated
cost for such provision to be=
1'. '~450.00 if £nstalled on the east Side of the Avenue,
inasmuch as such a£dewaAk ~oue~u~io~would be.
~pproximately 355 feet in length, ly~t~een the
southerly entrance 'to the U-Save Car Wash property
and S. E. 2nd Street; or
2, $750.00 if installed on ~he'west side of the Avenue,
which would provide for approximately 600 feet of
sidewalk construction.
TheSe est/mated costs are based upon City forces
doing the work."
Mr. Croft informed Council that he ~had looked this situation
over with the City Engineer and became aware that as serious a
condition exists between Atlantic Avenue and S. E. 1st Street as
between 1st and 2nd Streets, further, he had not realized the full
width of S. E. 3rd Avenue in this area was paved, and suggested that
the City explore the possibility of acquiring an additional five
feet on one side or the other .for sidewalk installation.
Following discussion, Mr. Croft moved that this item be deferred
until the next meeting and that the City Manager and City Engineer
study the area to see what the possibilities are. The motion was
seconded by Mr. Jurney and carried unanimously.
6.i. Concerning drainage on Andrews Avenue in the vicinity of its
intersection with Thomas Street, City Manager Gatchel referred to a
report from the City Engineer, dated April 20, 1967, concerning this
item, and suggested that this item be deferred for discussion at the
next workshop meeting. It was so moved by Mr. Jurney, seconded by
Mr. Merritt and unanimously carried.
6. J. The City Manager reported that in compliance with Council's
recent directive, Florida Power and Light Company has been ordered
to install five additional street lights, of regular 2500 lumen type,
on N. W. 18th Avenue between Atlantic Avenue and northerly property
line of Yeoman-Smith Cabinet plant, a distance of approximately 1300
feet.
6.k. City Manager Gatchel reported that a public hearing has been
scheduled to be held at this time, in compliance with Section 191 of
the City Charter, pertaining to proposed Charter Amendments Nos.
and 2, to be submitted to the 1967~ Session of the State Legislature.
ConCerning Amendment No. 1, regarding a reserve area for future
annexation by the City of Delray Beach, City Attorney Adams said this
is the third legislative session the City has attempted to introduce
this bill, and reported that at the Legislative Clinic about a month
ago: they felt they could act favorably on it if Delray Beach could
get the cities to the north and south to agree on the lines that had
been tentatively established. Further,.~ that there had been no trouble
with Boca Raton, but last week he had met with two Councilmen, the
City Clerk and the City Attorney in Boynton Beach and they wanted the
north boundary to be at North 18th Street ~n Delray Beach. The City
Attorney recommended that the City continue with its voluntary annex-
ation in .that area until there is no room for dispute on the boundary.
He pointed out that one of the legislators is the City Attorney at
~oynton Beach.
Following lengthy discussion, Mr. Merritt said that s~n~ce the
work has been done in preparing the bill for legislature he would
move that' it be submitted. The motion was seconded by Mr. Jurney and
carried unanimously.
Mayor Avery then declared the public hearing open on the following
proposed Charter amendments:
No. I-.;~y adding Section 6-A to provide for a "reserve area" for, future annexa~ion by the City of Delray Beach;
No. 2 - By amending Sections 4, 6, 7 and 20, updating the -4- 4-24-67
Civil Service Plan to' cause same-to be..~ompatible with the
-ex4sting' Pay and C.'lasaifica~on Plan'of the City..
There being no objections or comment~, the public hearing was
declared closed,
6.1. Regarding bids received for a new street sweeper, City Manager
Gatchel presented a men, random from the City Engineer and Director
of Public Works, dated April 24th, 1967. (Copy of Memorandum is
attached to the official copy of these minutes.) See pages 90-I-K
The City Manager said that the City. Engineer and Director of
Public Works, after thorough inves~tigation and seeing the machines
demonstrated, had decided on a three wheel instead_of a four-wheel
sweeper. He then reviewed the memorafldum and pointed out that the
bid of H. F. Mason Equipment Company, bidding on Elgin White Wing
%475 Sweeper with trade-in al.lowance, cost of air conditioning the
cab of the sweeper,-- and deletion of $125.00 for an extra power take
off, is the low bid and is itemized as follows:
Basic bid for sweeper, equipped as s,pecified $14,590.00
Plus air conditioning ,480,. 90,
$15,070.00
Less trade-in allowance on City owned s~eper $ 1,400.00
Is, ess .cost of extra power take off 125.00
Cost .to the City $13,545.00
The ~ty Manager pointed out that this amount is $1,595. more
than was., :budgeted.. . ~ for a street. ~weeper, but that he .is not requesting
any ~transfer_ of money from ~the contingency Account to Cover same at
this time bu~ reset,ring ,the right to come to COuncil at the close of
this fiscal year in the event the budgeted funds within, that department
are no~".sufficient to cover that additional cost.
He then recomme~ded"the purchase of the Elgin White Wing .475
Sweeper from the H. F. MasOn ~quiPment Company for a total cost to-the
Ci.t,~,of $13,545.00 as Outli~ed above.
Mr,~ Jurney asked if the specifications, on a 8. tr, eet, sweeper
could.be changed in order to ,get a sweeper that would,.come within the
9mount budgeted for same. He mentioned that the G. H. Terulant-Company
had a 'modern swee~er that is Use~ at several large ~a£rports
Foll'~wing lengthy, discussion, -MayOr Avery rBlillquished the
Gavel to V,ic~-Mayor Jurney and moved that the. low bid to H. F. Mason
Equipment Company for ~ Elgin sweeper, air Conditioned, c0sting'.the
City $13,545.00, be acoepted. The motion was seconded by Mr;' Talbot
and upon call of ro11, .Mr. Croft, Mr. Merritt, Mr; Talbot and Mayor
Avery voted in favor of the .motion., and Mr. Jurney was opposed.
7.a. ='i'~y ~lerk Worthing iilformed 'CoUncil that a petition ~from %39
residents of TrOpic 'Isle' SubdvieiOn had 'been received :.asking that the
Council take action to have the abandoned apartments across from
McCleary Street, the north boundary of the Tropic Isle development,
torn down on the grounds that they are an eye-,sore and also a dangerous
hazard for anyone wandering around-the ruins, especially children who
might PlaY,'there. . "
Mr. Jurney moved that thi~ item be referred, to the .City Attorney
~or a recommend~ati0n '"as to what Course the Council can', purs.ue. The
~io~ :wa~' ~ec, ondect' .~Y .Mr'. Talbot' and carrie4
Mr~ Jurney'mentioned, the unfinished apartrflents- on N. ~,. 8th
Avenue north of 8th Street,,. and 'asked if the City. could do s~omething
about i~ating the~ nuisance o.~ growth and weeds at- the location of
these two unfinished apar~ents. The City Manager said that would be
?he~kec~ igto.
-5- 4*24-67
7.b. City Clerk Horth£ncj ~nfc~ed Council that Itt. Joseph W. ~nn,
o~e~ o~ a ~ac~ o~ la~.comp~n~ ap~ox~tel~.one,~d o~e~ua~te~
acres, north of ~he Spady El~en~ Sch~l,. desires ~exat~on o~
s~e subjec~ ~ ~he south.100 ~feet ~ereof berg zoned C-2 (General
Co. arc,al Dis~c~) and ~he remainder
~ F~ly ~ell~ng D~s~ct). ~e Ci~ Clerk re~rted ~urther=
"~e area r~ested ~ be zoned R-2
ken duplex dwelling un~s; khe South 100 feet of ~he property no~
h~ one small s~re building ~ereon. ~. ~ ~u~er r~es~
~hat the C~t7 ~nskall one 2" .~ater maker
pro~rky.
Council a~ent~on ~s d~recCed ~ ~he
Code o[ ~d~n~ces~
Section 2~-7. '~ot more than t~ d~ell~g houses, tenant
houses, ap~ent houses or o~er bu~-~d~ngs
su~kable ~or l~v~nq ~kers or~ s~ore
bu~ld~s shall hereafter be ~nnec~ed
through one water meter to the C~Cy ~ater
I~ ~s reco~ended ~hat council refer
~aqer [or skud~ ~d reco~endak~on, ~h~ch should reflect, as a
result of discussion with ~. G~nn, the applicant,s willingness to
comply ~with repletions of the Code of Ordin~Ces, as set forth
the above 'excerpt~ therefrom."
Mayor Avery asked if this it~ could also be referred to the
Planning/~ning BOard for their revi~, and it was ~inted out ~at
the City Man,er ~uld take ca=e of ~at.
~is it~ was unanimously referred to the City Manager, as
reco~end~, on ~t~on ~ ~. J~n~ and se~nded by ~. Merritt.
Mr. ~nn ~nfo~ed Council. ~that in request~ng.a ~-inch ~ter,
he is only requesting ~at ~y aperient house, condomini~, or co-op
aperient ~uld re, est, and feels that if it is not grated he ~uld
be ~naiized by building individual units.
7.c. ~e City Clerk informed Cocci1 ~o.f' a r~uest having been receiv~
from Mr. Robe=t j. Murphy for ~sfer of Occupational License No. 522,
~roviding for sale of beer and w~ne with cons~ption ~ the premises,
previously issued to ~ w. W. Willi~on, 'operati~ under the name of
HI-~IG~ I~. Further, that 2he applicant has been investigated and
approved in the prescribed m~ner by ~ local and state agencies,.
and it is reco~end~ that the request be grante~;
~e request ~s ~animously grated, "on ~t~on ~ ~. Croft and
seconded by Mr. ~rney.
8.a. City Clerk worth~ng presented ORDI~CE NO. 10~.
AN ORDIN~CE OF ~E CITY CO~C~ OF T~
CI~ OF D~Y-~, ~ORIDA, ~iNG
SECTI~ 29-8.2, C~PT~ 29, CODE OF
0RDIN~CES OF THIS CI~ BY ~DING SUB-
S~ION (C) PERT~N~NG TO SET~CK
QUIR~S WITHIN A CE~AIN ~ OF THE
(Copy of Ordin~ce No, 10-67 is attached to ~e official copy
OE Chess minutes. ) See pages 90-L-M.
~ere being no objection to ~din~ce No. 10~7, said Ordin~ce
was unan~usly passed and adopted on this s~ondand fina~ reading,
on mo~ion ~ ~. Taint ~d seconded by ~. Croft;
8.b. ~e C~y Clerk'presen~ed ~IN~CE NO. 12-67.
-6- 4-24-67
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY.BEACH, FLORIDA~ ANNEXING TO THE CITY
OF DEL~AY BEACH CERTAIN LAND,. NAMELY LOT 6,
LAKE IDA MANOR, WHICH LAND IS CONTIGUOUS TO'
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE-
FINING-TH~ BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLI-
gATIONS OF SAID LAND; AND PROVIDING FOR THE
ZONING THEREOF. 421 N. W. 7th Street
(Copy of Ordinance No. 12-67 is attached to the official copy
of these minutes.) See pagesg0-N.
There being no objection to Ordinance No. 12-67, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Croft an~ seconded by Mr. Merritt.
8.c. The City Clerk presented ORDINANCE NO. 13-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SUBSECTIONS (a)0 (b) AND (f) OF SECTION
17-28.1 CODE OF ORDINANCES OF SAID CITY
PERTAINING TO THE ENCLOSURE OF SWIMMING
POO~S WITHIN THE CITY.
(Copy of ~.dinance. No. 13-~7 is attached to the official copy
of these minutes.) see ~'~g. es 90-.O-P.
There being no objection tO ordinance No. 13-67, said Ordinance
was unanimously 9assed and adol)~e.~ on this second.and final reading,
on motion by Mr.' Talbot and seconded by Mr. CrOft~
8.d. City Clerk.W0rthing pres6.nted ORDINANCE NO. 14-67..
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH~ FLORIDA, REZONING
AND .PLACING THE SOUTH 400 FEET OF NORTH
. 4.,680 FEET OF SECTION 21, TOWNSHIP..46
SOUTH, KANGE '43 EAST, LYING EAST.OF STATE
ROAD AiA, D~LRAY BEACH, FLORIDA IN "R-3
MULTIPL~- FAMILY DWELLING DISTRICT" AND
AMENDIN~ "ZONING MA~ OF DELRAY BEACH,
FLORIDA, 1960".
The City-Clerk re ~l~°rted that ~he. Planning/zoning ~oard held
a public hearing .on.th'is proposed.re, zoning at its regular meeting
April 18th and, as a result thereof, together with such proposed
classification reflecting the Board's recommended regulations for
future development Of the South Beach area as SUbmitted to COuncil
at its regular meeting of 'March 272h; unanimously recommendz the
400 foot tract of City owned land in Section 21,46-43 be zoned R-3
(MuItiple Family Dwelling District);
Mr. Jurney moved ~hat Ordinance No. 14w67 .be placed on first
readi~ng. The .mOt£on wag' seconded by Mr. Merr£tt, 'and' upon call of roll,
Mr. Croft, Mr. Jurney, Mr. Merritt a~nd-Mayor Avery 'voted in favor of
the motion, and Mr. Talb0t .absta~ned.from Voting.
8.e. Cit~ Cierk Worthing presented ORDINANCE NO. 15-67. -
AN ORDINANCE OF THE. CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LOTS 265 TH~0UGH 281, TROPIC PA~MS SUBDIVISION,
DELRAY BEA~, FLORIDA IN "R-3 MULTIPLE FAMILY
D~ELLING DISTRICT" AND AMENDING "ZONING MAP
OF DELRAY BEACH. FLORIDA, 1960".
-7 - 4~24~67
The City. Clerk reported ~hat .the Planning/Zoning Board, on re
request from Council, he~d a public hearing on the petition, previously
submitted ~o Council, for such reclassification. Purther, that as a
result of said hearing, held on April 18th, and study of the general
affected area,· the' Board unanimously recommends rezoning of said
Lots 265 thru. 281, Tropic Palms Subdivision, to R-3 classification.
Ordinance No. 15-67 was unanimously plac~d on first reading,
on motion by Mr. Croft and seconded by Mr. Jurney.
8.f. Concerning' sn!-amendment to the Zoning Ordinance, the City Clerk
reported to Council as follows:
"The Planning .and Zoning BOard, at its regular, meeting held on
the April 18th, considered the addition of Cluster Development (detached
condominium units} as a Special Exception in the R-3 (Multiple Family
Dw#11ing District). Following review and discussion of this proposal,
the Board unanimously recommends that this typo of development be
permitted in a-3 zoning district and that Chapter 29 of the City Code
be amended to reflect such addition to 'Special' Exceptions' as set
forth therein.
Subject to Council acceptance of the BOard's recommendation,
Ordinance No. 16-67 has been prepared to provide for additional 'Special
Exceptions' in R-3 zoned areas, as recommended by the Planning/Zoning
Board."
City Clerk Worthing then presented ORDINANCE,:NO. 16-67.
AN ORDINANCE OF THE CITY COUNCXL OF THE CITY
OF DEL~AY BEACH, FLORIDA, AMENDING SECTION
29-7 (~), CHA~TER 29 OF THE CODE OF OP~DINANCES
OF THIS CITY PERTAINING TO CONDITIONAL USES
IN THE R-3, MULTIPLE FAMILY DWELLING DISTRICT.
Ordinance No. 16-67 was unanimously placed on first reading'
on motion by Mr, Jurney and seconded by Mr. Croft.
9.a. City Clerk Worthing reported that as a result of recent Council
referral to the Planning/zoning Board of a petition for. rezoning of
LOts 1, 2, 3 and 4, Block 61, from C-1 to C-2 Classification, the
Board held a l~Ablic hearing thereon and unanimously recommends that
the re.quest be denied inaemuch as such a change would be spot zoning,
there now being C-1 classified lands on both sides of said Lots 1, 2,
3 and 4, ~lock 61.
Mr. Jurney reported that the 'proposed improvements on said Lots
1 thru 4, Block 61, would not face Swinton Avenue nor S. W. 1st Avenue
but would fate north onto West Atlantic Avenue; He then read the
following letter from the Mr. J. L. PattersOn and Mr. T. M, Shoaf,
owners of Lots 3 and 4, Block 53, being the only C-I'z~ned property
between the subject lots in Block 61 and the C-2 zoned property to the
west=
"we, the owners of Lots 3 & 4, Block 53, City of Delray Beach, have
no objection to the above mentioned rezoning-from C-1 ~o C-2. We feel
that this property should be zoned C-2 for its best utilization. We
intend to apply in the near future for a similar change in Zoning
from C-1 to C-2 for our property. We definitely feel that this will
be a help to our westward expansion program.''
Mayor Avery suggested that this be referred back to the Planning/
Zonir~ Board, that they move with the utmost speed in considering the
rezoning of the other two lots in the .C-1 classification, and make
their reco~mendations concerning rezonAng the area from Swinton Avenue
west to the C-2 zone. It was so ~oved by Mr. Jurney, seconded by
Mr. Talbot and unanimously carried.
9.b. City ~erk Worthing read the April 5, 1967 Beautification Com-
mittee meeting minutes.
Paragraph 2 of said minutes is as follows= "There was a
discussion of the new ordinance being considered, by West Palm Beach,
similar to one adopted by Boca Raton, which would rid the City Of
ugly buildings."
Mr. Talbot said that he would-like information regarding'the
ordinances mentioned..
City Manager Gatchel informed Council that he has a report to-
night on what the city is doing toward getting ~h~ unfit bulldogs
in Delray Beach demolished.
Another item in the Beautification Committee minutes was Mr.
Elliott's report that the north beach pavilion would.be replaced with
a concrete floor and reinforced awning.
Mr. Merritt complimented the City Manager on the excellent job
the City did in replacing said pavilion.
10.a. Mrs. Dorothea Montgomery informed Council that a sidewalk
exists in front of the Miramar Garden Apartments.on Venetian Drive,
but from there to Atlantic Avenue no sidewalk exists~ further, and
pedestrian traffic on that street is terrific and will possibly in-
crease with the o~ening of the Bar Harbour Apartments.
Mayor Avery said this would be referred to the City Manager for
a feasibility and cost study.
Mrs. Montgomery informed COUncil.of a large hole in the Venetian
Drive r~ght~of-way in that area that should be taken care of.
10.a. M~ James B. Mc~uire, 901. S, E. 7th Avenue, said that he would
like for Council to Provide some avenue for revision of what he
considers a precipitous action in the sale of the 400-feet of beach
property. Dur'ing comments~, Mr. McGuire said he thinks Delray Beach
and the. neighboring towns will face a serious problem of having insuf~
ficient beach property for public use.
10.a. Mr.'Jurney called Council attention to the fact that the Florida
East Coast Railway Company property on S. E. 3rd Avenue has now become
a railroad terminal with considerable amount of noise from midnight to
3=00 A. M. He said he had received numerous telephone calls from
people 0bjec~ing to that' operation with inquiries-as to what ~he City
can do to eliminate that situation and.to keep it from getting worse.
Mr. Jurney moved that this item be referred to the City Manager
and City Attorney to ascertain what .can..be ~one,'if any laws'are, being
Violated,:and what can be done to abate the nuisance~ ..The-motion was
seconded bY Mr' Merrit~ and carried unanimousl~.
1O.d. Mr. Merritt said that in orderers expedite the proceedings, on
the Law Enforcement Complex he would like to volunteer, subject to th~
approval of Council, to:be the Chairman of the Building COmmittee.
Mr. Jurney moved that Mr. Merritt be appointed as Chairman of the
Bu$1ding Committee 6f Said Law Enforcement CompleX, the motion being
seconded by Mr. Merritt.
Mayor Avery said. that an architect had not been selected for
that project, and he.thought it should be discussed at a workshop
meeting.
Mr. Talbot said that he desired that this item be discussed at
a workshop meeting.-
Following lengthy discussion, Mr. Jurney and Mr. Merritt voted
for the motion, Mr. Talbot and Mayor Avery were opposed, and Mr.
Croft abstained from voting.. The motion did not carry,--
Mayor Avery asked the City Manager to bring this item up. at .the
next workshop meeting.
10.a. 'City Manager Gatchel reported that under the provisions ~f the
condemnation ordinance ~he City has succeeded in getting torn; down or
in the process of being torn down about ten dilapidated structures
-9- 4-24-67
90-A
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
PROPERTY CITY
OWNER ADDRESS~ DESCRIPTION COD.._~E
1.
T. P. & Jean R. P.O. Box 721. Vacant part of West 15-3
Wyatt Delray Beach, Fla. 99' of East 287.7,4 '~ &
of North 120.9' Of. 15-4
E% of Lot 13 less North
25'R/W & less East 15'
of South 65.9' thereof
& West 90' of East 293'
of South 44.1' of North
165' of E% of Lot 13,
Section 20-46-43.
2.
O. D., Jr. & Ruth 111 S. W. 4th Street Lot 7, Block 99 15-3
Priest Delray Beach, Fla.
15-4
Martha MacFarlane 726 N. Lake Avenue Lots 1 & 2, Block D. 15-4
Delray Beach, Fla. John B. Reid's Village
4.
Vernon B. Astler, 2800 South Seecrest Lots 4 thru 7, 15-3
Frank E. Kucera & Blvd. Block 12,
Jerry Cox Boynton Beach, Fla. Osceola Park. 15-4
violations 15-3 and 15-4 as concerns this report are as follows:
1. 15-3 - Trash, rubbish, junk, end dead limbs.
15-4 - Weeds.
2. 15-3 - Trash, rubbish, junk, and'debris.
15-4 - Weeds.
3. 15-4 - Weeds and undergrowth along southeast property line.
4. 15-3 - Garden trash, dead fronds & limbs, amd dead fallen trees.
15-4 - Weeds and undergrowth.
Submitted to the City Council by the City Manager on this
the 24th day of April, 1967.
This ~greement, ~a4e and entered into this ~ d~y of
~.,'z_":,~- .196~, by ~nd between ~h~ D~ICE ~nd ET~L ~INN
D~iCE~ his wife~ and ~t~ RI~ C0~.~A~, INC., a Flo~l~ corpor-
ation, parties of the first pmrt ~nd hereinmfter ~eferred to
the 0~ners~ mnd CiTY 0F DEL~%Y BEACH~ FL~qIDA, a municipal
ation~
~ .... Z of the second p:.rt ~nd hereinmfter referred to m~ the
;'Ii~::~ the ~ers o~ the following described property
lockheed in P~lm Beach Oo~ty~ Flori~ to-wit:
f..i2 of that property bounded on the E~st by Lots 1
· '~?ough 8 inclusive of Block E JOHN B. ~ID~S ~L~GE
zoo.ording to the pi~t thereof recorded in Plat Book
p.z~.ge ~.~; bounded on the South by the northerly righ~
of ~.y line of C~sus. rin~ ~o~d, as the s~me is shown on
.~ 3~...~.~.~ o~~ th~ ~.c~l%~.'..~. E:.st half of Section 16,
.... ~.. ........... ~. ~ S, Rang~ ~3 E~ ~.ccor~ng to the Pl~t thereof
?.occ~c2ed in P~t ~ook 1, p~ge ~5~ Palm Be~ch Co~ty~
Ficrida~ public :secords; bounded on the West by the
co. sterly right of w~y line of the Intraco~st~l .wmterway;
and bounded on the North by the westerly projection of
the North line of aforesaid ~ot I 'of B~ock K JOHN B.
~ID'S ~GE, to the point of intersection with said
easterly right of way line o~ the Intracoastml waterway,
~SS the North l~0~ thereof.
A~ W~, the owners are desirous of dee~ng by
Claim Deed to the City of.Delray Beach~ Florl~.a portion oF sai~
lan~ upon such ter~ and con~tions as a~e more specifically
hereinafter set forth.
N0?;~ TF~F~ i~ consideration of' the presses and
f~ther consideration of the mutual Covenmnts and agreements here-
in contmined~ it is covenanted and a~eed between the parties
hereto as 'follows :-
1. '~ That the owners deed to the City~ by Quit Cla~ Deed, the
above described property - ~SS the North 150: thereof and
~SS the South 50~ of the West 47~.T~~ of Blocks 186
~,nd 1~ of the fractional East half of Section 16,
Township 46 S, Range 43 E, accor~g to the Plat thereof
recorded in Plat Book l, page ~5, Palm Beach County~
Flori~ public record.
Thmt the aforesaid property so deeded to the City s~ll b~
used in perpetuity ~s an open waterway, except private docks by
consent of the City Council.
3. T~t the City will for~lly abandon the Casuarinm Ro~d
right-of-way ~'lest of the northerly projection of the West boun~ry
line of Seas~ge Drive, and will Quit Cla~ to the o~ers, or eithe]
of them~ such right-of-way so abandoned.
~'~.~.~,~ :;k~ 3ity will diligently t~e its best efforts to
secure an abandomucnt or said Blocks 138 and 144 (¥~A 648A and
~A 648D) over whloh th~ United State~ of America has an easement
£o~' th~ deposit of dredged materials.
i.ierpetual e~s~~~way~o-f--C.~'~arina Road or~
~ it is agreed and understood between the parties
::..~re~~o that tn~s agreement is subject to the owners being able te
iiutilize the aforesaid 50: of the ~est 473.~9~ .and the abandoned
25~ right-el-way of Casu~rina Read for the p~poses of filling the
~sa~e~ .and building upon the same; provided, however~ that ne
'~bu~ldings or structures - except swimming peels - shall be erected
upon the E.175: of the abandoned Casuarina Road right-el-way er
~.,e 2~: p~rcel Contiguous 'to and South of such E.l?$~ ef the
~b~ndoned C~arina Road right of wa~ or upon that portion reser-
ved by the owners lying cOnt~igueus to and Northerly of such Eo175~
of the abandoned Casuarina Road right-of-way and bomuded on the
?~est by the Northerly projection of the Wes~ boundary of Lot 1
Block 14 of Seagate Subdivision, aecording to the Plat thereef
recorded in Plat Beek 20~ page 4S~ Palm Beach County, Florida,~
It is further a~reed between the parties hereto that at
!isuch t~,ue as the property described in n~mbered paragraph I above
i!is filled, that the then owner or owners shall install a sea wall
thereon meeting ·
specifications of the City. *
~ther agreed between the partie~
seco
9. That ~he owners~ or ei~her of them, which has rgceived a
Deed conveying title thereto sh~ll ~ui~.'¢claim to the City the
follo~in~ described proper%¥ :-
· The easterly terminus of said seawall to be constructed on a
curve of a 50 foot radius, no part Of which will encroach on
property herein deeded to the City.
Beginning at the Intersection of S.E. Corner
of Lot $ of Block K Subdivision of JOItN B. REID~S
VILI~GE, Plat Book 21-9G~ withWEst line of Venetian
Drive for a point of beginning, and run thence
Southerly along West line of Venetian Drive a
distance of ~$' and thence West and 9arallen with
South line of Lot S a distance of 140~, thence in
a Northerly direction 2~' to South line of Lot
Block K JOHN B. HEID'S VILL~GE; thence 140'
Easterly to point of begir,~uing.
lC. That the owners sh~l! furnish to the City a commitment
to insure the title, or a policy of title insurance, at the
option of the City, in the face .amount of $10,000o00 to the
parcel first described a~bove, although the cost of such oomnitment
or policy of title insurance shall be borne by the City.
iN WITNESS W~tEREOF, the Owners h~ve hereunto set their
h~nds and seals, ~nd the City has caused these presents to be
executed in its name by its Mayor, its corporate seal affixed and
attested by its City Clerk the d~y and year first above written.
NEW RINER C05~ANY, INC.
Attest: By
Secretary ~
' - F~A~n~ D~Rice -
Ethel Prinn De, ice
(OW~)
CITY OF DEM{AY BEACH
By: /S/ Al. C. Avery
'Mayor
Attest:
./~/ R. D. Worthin~ '
.... ~ 'City clerk
COUN£Y OF P~I~f ~CH )
And ET~L ~INN D~I~ ~s ~esident and SecreZary respectively of
~ R~ CO}~A~, and ~)~X ~I~ and ET~L ~INN ~I~ his
~if~ in~vidu~lly~ to me ~own to be the persons described in
and who executed the foregoing lnstr~ent mnd ac~owledged before
me t~t they executed the same.
WIT~SS ~ hand mhd officiml seml in the Oo~ty m~d Stmte
~y Commhs[on Expires Jan. 30, 197J
ES~i 0~T
The ~d~rsign~d Escrow Agent ac~owledged receipt of Quit
Ci~ Deed conveying title to the City of Delrmy Beach~ Flori~,
%o t~t certmin property described in n~bered paragraph I above
~nd m~ees to deliver the s~e to the therein ~antee upon such
property being released ~om the force and effect of the spoil
e&s~ent over such p~operty held by the United States of ~e~ic~.
City Council
Delray Beach, Florida
Re; 'Agreement with Frank DeRice
et al relating to portion of
Casuarina and underwater
property North of Lot X.
Gentlemen:
Following a recent workshop meeting I have com-
pletely reviewed my files on this matter which date back
to 1963. Several conferences have been held with Mr. John
Moore, Mr. DeRice's attorney, and the agreement attached to
your Agenda is the culmination of what Mr. Worthing and my-
self feel will satisfy not only the City's needs but will
also afford the surrounding property owners the maximum pro-
tection possible.
The Agreement is in recordable form and upon its
acceptance by the City will be placed of public ~ecords in
the Palm Beach County Court House.
Briefly, the Agreement is as follows:
1. The City will receive a deed to the underwater
basin North of Lot X, less the South fifty feet of the West
473.79 feet. (This will assure the owner of Lot 8, Colonel
Balliet, open water in front of his property for slightly
more than 130 feet.)
2. At such time as this fifty feet is filled, the
area will be seawalled and the easterly terminus will be con-
structed on a curve of a fifty foot radius.
City Council - 2 - 4/21/67
3. The City will abandon that portion of
Casuarina West of the northerly projection of the west
right-of-way line of Seasage Drive.
4. All properties then owned by Mr. DeRice
west of Seasage Drive will be restricted for a distance
of 175 feet to prohibit all structures, and permit only
a swimming pool or use for parking. (This would afford
protection to the Ankeny property.)
5. The Agreement will not require the City to
grant pipeline easements over either Thomas or Casuari~a.
It is conceivable in the future that the City might have
to concede in order to obtain the complete abandonment of
the spoil areas now located north of Lot X; however, it
is felt advisable not to make this a mandatory requirement ~
of the City.
6. The City would be required upon execution
to immediately seek the abandonment of the spoil easement
over only the fifty foot reserved by Mr. DeRice.
7. The basin would be restricted ~s an open
waterway, except for private docks with the consent of
the City Council.
8. The City will receive a title insurance
commitment showing the status of the properties being
deeded to the City.
9. Mr. John Moore has acknowledged that he has
the executed deeds in his possession.
My recommendation, concurred in by Mr. Worthing, is
that you authorize the'execution of this Agreement upon receipt
of the title commitment showing the title to be clear, subject
only to the spoil easements herein mentioned. This Commitment
should be received within a week and a Resolution can then be
submitted at the next .Council meeting abandoning the right-of-
way.
.... % 90-H
·
City Council - 3 - 4/21/67
Ou~: City Manage~: has b~en out o£ town the past
week, and I am certain that you will wish his opinion at
~be meeting Monday night.
I will be happy to answer any questions you may
have regarding this ra~ber complex problem.
Respect fully,
Memorandum ' ~
TO: City Manager ~
From: City Engineer and Director of Publi~ Works ~
Subject~ Bids for Street Sweeper .'
Datel April 24, 1967
Quotationm for the purchase of a new Three Wheel Type, 44 Cubio Yard
Capacity, Street Sweeper, in accordance with specifications furnished by
~he City were received at 5~00 P.M., Friday, April 21, 1967.
Following is a tabulation of the bids received~
H. F. Mason Equipment Co., bidding on Elgin White Wing 475 Sweeper
Basic bic for sweeper, equipped as ~pecified $1~,590.00
Trade-in allowance on City owned sweeper $1,400.00
Difference payable by City $13,190.00 · .
Time of delivery, 8 to 9 weeks '.
Tom Wood Equipment Corp., bidding on Wayne 2-980 Sweeper
Basic bid for sweeper, equipped as specified $14,060.00
Trade-in allowance on City owned sweeper $500.00
Difference payable by City $13,560.00
Time of delivery, 10 to 12 weeks.
G. H. Tennant Co., specifications and inquiry returned with letter
dated, April 18, 1967, stating that they do not make equipment to
meet the City's specifications.
Baldwin, Lima, Hamilton Corp., .makers of Austin-Western equipment.
A letter was received from this corporation at its home office in
Aurora, Illinois, dated, April 14, 1967, stating that they had
forwarded our bid request to their distributor in this area,
Neff Machinery, Inc., who would enter a bid in their behalf.
However, no bid was received from this company.
Both the Elgin and the Wayne machines bid upon satisfactorily meet
specifications, and it is recommended that the award be made to the
iow bidder, H. F. Mason Equipment Co. for the Elgin sweeper. If this.
bid is accepted an additional savings of $125.00 should be realized
by deleting an extra power take-off which the bidder believed were
required by the specifications and included in his basic bid. It was
not the intention of the specifications that this item should be in-
cluded unless the machine was designed to operate several items of
auxiliary equipment, such as main broom; gutter brooms, and water
pump by use of this power take-off, which.is not the case with the
Elgin machine, .
?
Subject= Bids for Street Sweeper -2-
As you know, Mr. Cliff Harvel and myself made a ~ery thorough investigation
of all types of equipment available, prior to writing the specifications,
which investigation included trips and telephone calls to various neighboring
communities to observe the operation of different types of equipment,
serviceability, operation availability of spare parts, and any other factors
affecting the proper selection of the.best piece of equipment to serve the
needs of this'City.
~ring the course of this investigation a very strong reco~endation, was
received from the people in charge of the operation in West Palm Beach,
that the City protect its investment in this expensive equipment by the
installation of air conditioning in the cabin.
A thorough investigation of this recommendation.byMr. Harvel and myself
brings about the'following facts=
1. Inasmuch as all of'the controls for the operation of the s~eeper are
located in the cab, the City specifications call for carefully sealing
all openings into the cab to p=e~e~t '.~he entrance of dust and grit
which produces excessive wear and corrosion, However, during the .',
operation of the sweeper the .t~mpe~ature in the cab rises to such"
an ext~nt that it is impossible tO operate without opening a window.
Even with the sprinklers going, sufficien= dust is raised by the
main and gutter brooms directly under the operator, that a single
trick operation in a particularly dusty location results in a heavy
layer of dust inside the cab.
2, The three wheel type of sweeper was specified by the City because of
its advantages in several facets of operation. Not the least of these
was the fact that the operator has unrestricted view both forward and
backward, which is very desireous in the operation of this type of
this equipment. If the operator must work with the windows open he
must either take a chance on his vision being obscured by dust.in his
eyes, or he must wear a dust mask and goggles which.in.themselves are
very restricting to peripheral vision.
3. The efficiency of the operator is increased greatly in the better
working conditions resulting from air conditioning.
4. It' was mentioned by West Palm Beach that their operators had been
retired on disability due to the vocational hazard of the continual
entrance of dust in~o the lungs.
For the above listed reasons it is our recommendation that an air conditioning
unit be ins=ailed in the cab of this sweeper. With this possibility in mind,
an item was requested with the quotations covering the cost of amply air
conditioning the cabin. The additional cost as quoted by Tom Wood Co. for
' '" 90-K
Subject~ Bids for Street Sweeper -3-
the Wayne sweeper was $520. and the additional cost quoted by Mason
Equipment Corp. for the Elgin sweeper was $480. It is recommended that
this amount, be added to the basic low bid making a total of $13,545
daduuted.payable by the City after the trade-in aIlowance of $1,400.has been
The amount budgeted for this sweeper was $!1;950 making.the reco~,a.ended
iow bid in excess of the budgeted amount.by $1,595.
Mr. Trevino, W. Atlahtic Avenue, west of M~litary Trail, who fomerly
expressed an interest in purchasing the CSty's old sweeper, was personally
contacted today. He had thought that the. old sweeper was a small unit
which could be towed beh£nd'a tractor for cleaning his parkingarea, hut was
not interested in purchasing:.the large W~ Sweeper. . ...
City, En~n~er '
Director of Public Works
90-L
AN ORDXMANC~ OF ~ CX~ ~ O~
~RTA~N ~ O~ T~ CZ~ OF DB~Y:
.-~S, ~e Cit~ Co~cXl has pro~sed~ ~he real.t~-
~nt of ~n~ ~ad and,-~e easterly ~O~eC~on the=eof
Sta~ ~ad A-X~A; and '. ~ ~ ~
~S, ~s new aliq~nt w~ll serve as a
East-West a~ess ~ro~hout the. eou~erly ~ction of ~lray ~ach
~nte=sect~g wl~ S~te ~ad 809 (M~litary ~a~l). ~e southerly
ex~nsion of ~n~ess Avenue, Old Dixie ~, S~' ~ad
(U. S. No. 1) and S~e ~ad A-l-A; a~
~S, ~e pEo~sed furze develop~nt of ~e
City of ~lray ~ach d~cta~s ~$s pro.sad thorough~re to
~S, ~2 is dee~d to ~ in ~e ~st ~n~rest
and ~he general ~lfa[e, of the p~l~c to es~blish setback
aLon~ ~e here~n' descried ~rtion-'at ~e pre~nt ti~; and
Palm ~ach Co~ty, FXori~ are desirous of es~ablishinq a 106
foot right~f-~y w~d~ for ~u~st and Sou~east 12th Street
(~n~ R~d)a~ to ali~ sa~d: right-of-~y in a
East-~st al~g~ent ~t~en Sta~ Road 80~ and S~ate Road 5 for
an ~st-West arterial rou~ serving the ~lray Beach a=ea, w~
~e centerl~ne of sai~ 106 f~t right-of-~y ~ing descried
~ction 1 hereof.
~W, ~FO~. BE IT O~AI~D BY T~ CITY
OF ~ CI~ OF DEL~Y ~, .F~R~A, AS FO~S~
~ctio" 1. ~at. Section 29-8.2, ~apter 29.
of Ordi~nces of ~e c~ty of ~lray ~ach, Florida. ~. and
sa~ ~s her~y a~nd~d BY adding th~eto S~section (C} as
"(C) ~tba~k l~s Shall ~ established s~ty-e~ght
(68} feet on ~ si~es o[ the centerl~ne described
as' followS: '
~g~nn~ng at a ~int on the ~st line of Section,
~sh~p 46 South. ~nge: 42 East ~e~ng ~e centerl~ne
of S~-809), sa~d point 'lying 53 feet ~or~ of a~d at
right angles to the south line of said Section 24,
T~sh~p 46' ~uth, ~nge' 42 East~ thence run ~n an
easterly directi0, Pa=alia1' w~th and 53 feet north
of ~he south line of. ~ction 24, To. ship 46 South~,
~nge 42 ~st ~d' ~e soU~ line of ~ction 19,
sh~p 46 ~u~~, ~nge' 43' ~st, to a poi.t, lYi.g 2064,48
feet~ ~s't of ~e sou~ast ~of 'said ~ct~on
To~Sh~p 46 ~u~, ~nge 43 East, sa~d ~Xnt being ~e
90-M
Page 2. Ordinanae No. 10-67.
beginning of m 3° curve, c~ncave to the sou~h, having
a central angle of 6°30'43" and a radius' of I910,'08
feet; ~h~ce in a southeas~e~l~ dt~ec~n 217.10' feet
alon~ the arc of said 'curve ~to the end~',of--.said curve;
then~ continue in a sou~easterly direction 250 feet
alon~ a line crea~ed by. 'the ~eXten'mi~n of ~e tangent
of a~ve mentioned curve, to ~e beginning.of a cu~e
concave to ~e nor~, having a ~ntral angle of 6030
43" and a radius of 1910.08 feet~ thence 217.10 feet
along th~ arc ,of said curve in an easterly direction
to the end of 'sa~'curve,., ~ith the' end of said curve
being a point on the south line of said Section 19,
To.ship 46 Sou~. Range 43 East, lying 1386.68 feet
west of the aforementioned southeast corner of said
Section Lg, ~ship 46 ~uth, ~nge 43 East; ~ence
in an easterly direction along the sou~ line of
~ctions 19, 20 and 2.~, ~ship 46 South, ~nge 43
Sash, to the centexltne o~ SE-5 (US~I) and the end
of herein described centerline of right-of-way
scription."
PAS~D on second and. final reading in re~r session on this
the 24th day of April , 1967.
/S/ 1%1 .DC .;'~ve,r~ , .
MAYOR
ATTE ST:
/S/ R. D. Worthing_ ~_ City Clerk
First Reading March 1~,...1~67 .....
Second Reading April,.24, 1967
90-N
ORDINANCE NO. 12-67o
A~ ORDI~V~,NC~ OF TI'~ CITY COUNCIL OF 'I'Hg CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO TBE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 6, LA~E
IDA MA~OR, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, JANET E. THOMPSON is the fee simple owner of the
property hereinafter described, and
~REAS, said JANET E. THOMPSON, by her petition, has con-
sented and given permission for the annexation of said property by
the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 185.1 of the
City Charter of said City granted to it by the State of
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 tract of land~ namely Lot 6, Lake Ida
Manor, per Plat Book 23, page 138, Public
Records of Palm Beach County, Florida.
SECTION 2. That the boundaries of the City of Delray
Beach, Florlda, are hereby redefined so as to include therein the
above described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the tract of land hereinabove described
is hereby declared to be in Zoning District R-1AA, as defined by
existing ordinances of the City of Delray Beach, Florida.
SECTION 4. That the land hereinabove described shall
mediately become subject to all of the franchises, privileges,
munities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be, and per-
sons residing thereon shall be deemed citizens of the City of Delray
Beach.
SECTION 5. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of com-
petent Jurisdiction, such record of illegality shall in no way
affect the remaining portion.
PASSED in regular session on the second and final reading
on this the 24th day of April , 1967.
... /S/ ,Al. C?...Avery ......
ATTEST: M A Y O R
/S/ R. D.,. Worthi, ng City Clerk
First Reading ~ri.,1, 10,. i967 .... Second Reading A?;, 24, 1967 .... 008
90=0
aa o~scE o~ ~H~ c~?Y COUSCZ~ or TtU~
SU~SECTIONS Fa'), (b) a~ (f) O~
17~28.1 CODE OF O~I~N~S OF .S~!D
PERTAI~ TO T~ ~OS~ OF S~%N
P~LS ~N T~ CITY.
BE IT O~AI~ BY T~ CI~'~CIL O~ T~ CI~ OF D~Y B~CH,
~R~A, AS FOLLOWS ~
Section 1. ~at Subsection (a), (b), and (f} of Section
17-28.1 of the Code of Ordinances of the City of Delray Beach,
Florida, be, and ~e same are hereby amende~ to rea~ as follows~
~Sect$on 17-28.1 Sw~ing ~ol fences, walls.
(a) ~ired for private ~ols~ uommerc~al pools
excepte~ .liabi~ity insurance re~ired. All private
or family t~ pools, except those-defined in Subsection
(f) below, shall ~ enclosed by fence or other enclosures
so that the premises u~n which the pool is located is
enclosed fr~adjoining ~rds or property. All pools
connected with co~ercial vent~ee such as motels, etc.,
within the city, and othe~ise ~uarded or under the sur-
veilance by con. tent and responsible p~rsonnel shall
not be covered by this s~sect$on~ hoover, the o~ers
of su~ operations sba11 be re~ired to ma~nta~n'ade-
~ate liability ~nsurance ~lic~es covering sai~ ~ols
in an amount of not Less than $100,000 - $300,000 cover-
age, ~f they choose not to erect a protective fence
desc=~b~ herein.
(b} Prere~s~te toa~proval~ specifications.
No swiping pool final inspection and approval shall
be given by the Bu$1aing Depart~nt, unless there has
been erected a safety barrier a~ hereinafter provided.
~e safety ~rrier shall take the fo~ of a screened-in
~t~o, a ~den fence, a w~re fence, a rock ~11, con-
crete block ~11, or other materials so as to enable
the o~er to blend the same with the style of architec-
ture planned or in existence on the pro~rty. ~e safe-
ty barrier, which shall n~ ~ less than forty-eight
inches in height, sha~l be erected either around
swiping ~ol or around the premises on which
swiping ~ol ~s erected. In eider event, it
enclose the ar~a entirely, prohibiting u~eatrained
admittance to the enclosed area, except that where
the entire premises are fenced, and one side fronts
on either ~e intracoastal water, y, a f~nger canal
or ~e ocean, then no fence sha~l be re~ired alOng
that si~e fronting the ~ker. All gates must be self-
~tch~ng wi~ latches placed four (4) feet a~ve the
un~e~laying groun~ or othe~se ~de inaccessible from
the outside to small children, provided, however, the
door of any dwelling foxing ~rt of ~e enclosure here-
~na~ve re~ire~ need not be so equipped.
(f) Modification of requirements by City Council.
~e City Council may make modification in indiv~dual
cases, upon a showing of goo~ cause with respect to
the height, nat~e or location of th~ fence,
90-P
Page 2. ORDINANCE NO. 13-67.
ga~es or latche~0 .~r ~he necessity the~e~or~ or
permit other prot~ctive devices Ur' etr~dturee in :lieu
thereof. In making said modifications 6r s~ecia1 ex-
ceptions, the City Council shall be governed by the
following standards: The purpose iof the fenci,g re-
quirement herein is to prevent small children from
inadvertently wandering into family swi~i~g, pools.
The Council realizes that there are locations within
the city where an unfenced family pool would not create
ah obvious hazard. In these areas where, due to the
nonexistence of a substantial number of small children,
no obvious hazard exists, the City Council may grant.
modifications or special exceptions and may even dis-
pense with the requirement for ~encing. All such ~e-
cisions shall be conditional and subject to revocation
~n the event circumstances or.conditions change ~n the
particular location."
Section 2. That if any word, phrase, clause, sentence 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
r~maining portion.
PASSED in regular session on the second and final reading on
the 24th day of A~ril , 1967.
,./S/ Al.;,, C. ~Aver~. ......
MAYO~
ATTEST:
/S/ R. D. Worthing
City Clerk
First Reading ,ADrii !0, 19~7 . .
Second ~eading .apri~,,~,,~, ~96~ ..... '~,,
90-Q
Memorandum
Da~e: April 21, 1967
To: City Manager
Subject: Desalting Plant - Key West
In accordance with our conversation of Thursday, April 20th, 1967,
the following information was coincidentally picked up during a
trip to Key West over the weekend of April 15th and 16th, which
may be of some value to you in conducting an investigation of
subject plant as requested by Council.
U~on entering the City, a large billboard presents the following
information:
Assuring the future of Monroe County
Florida Keys Aqueduct Commission
has under construction a .
2.62 MGD Sea Water Conversion Plant
The World's ~argest Single Unit
Building on Stock Island
Producing Fresh Water on
March 3, 1967 ~
John M. Koenig, Chairman
Walter L. Trandel, Sec-Treas.
Upon visiting the site of the .structure, this further information
was presented on a billboard:
Architectural Engineers
The Fluor Corporation Limited
Los Angeles.
Consulting Engineers
Maurice Connel & Associates - Miami
Westinghouse Electric Corporation
Water Province Department - General Contractor
Edwin F. Trevor - Manager
I was able to contact the construction foreman on the job who provided
the following information: actual construction cost $3,369,000. for
a 2.62 MGD plant was financed by federal loan from the Public Facility
Loan program, with the total loan being something over $4,000,000.
90-R
-2-
Subject: Desalting Plant - Key West
The plant is constructed with a basic guarantee that fresh water
will be produced at a maximum cost of $.85 per thousand gallons.
The process employed involves partial distillation of the salt
water by producing a flash in brine, which is heated by steam.
The water produced is a distilled product, therefore, the source
of supply is probably not a critical problem and water could
conceivably be used from the Intracoastal Waterway.
%'~hile the initial installation cost,' as welt as the production
cost per thousand gallons Ks still relatively high, the foreman
mentioned that in California a plant was under construction which
would produce 150 million gallons per day at a guaranteed cost
of only $.25 per thousand gallons.
The superintendent further stated that Mr. Jim Wright, Westinghous9
Electric Corporation, Water Province Department, P.O. Box 689,
Orange, California, who serves in the capacity something as a "sales
engineer" for these desalting plants, would be quite happy to
provide further information to this City as to the relative cost of
installation and guaranteed production costs for a unit of sufficient
size to serve this City., or a group of adjacent communities, and
feasibility thereof.
MCF :K~ City Engineer