06-12-67 107
JUNE 12, 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, City Attorney John Ross Adams,
and Councilmen J. LeRoy Croft, .James H. Jurney, LeRoy ~1. Merritt ~nd
George Talbot, Jr., being present.
1. An opening prayer was delivered by Councilman l~eRoy W.
2. The Plege of Allegiance to the Flag of The United States of America
was given.
It was announced that today is the 6th anniversary of Attorney
John Ross Adams as City Attorney and he was presented a cake bearing
six candles and pictures were taken by the press.
2. The minutes of the regular Council meeting of May 22nd, 1967, were
unanimously approved, on motion by Mr. Croft and seconded by Mr. Jurney.
4. City Clerk Worthing read a letter from Lloyd F. Early, Administra-
tive Assist~tt of the Spady Elementary School, dated May 10th, 1967, to
Police Sergeant C. E. Dalton thanking him for the fine cooperation he
had given toward the safety of their students.
4. The City Clerk read a letter from the Kiwanis Club of Delray Beach,
dated May 22nd, 1967, thanking the City Council and Mr. Elliott, Rec-
reation Director, for the fine ~ooperation in permitting said club to
use the Senior Citizen's Complex building for their Annual Art Exhibit
last month.
4. The City CXerk read a letter from Mr. T. S. Rice, Executive Director
of the Florida Bhore and Beach Preservation Association, dated June 3rd,
1967, thanking Council for the extra contribution of $100.00 to help
defray their additional legislative expenses.
4. C~ty Clerk Worthing read the following letter from Senator Jerry
Thomas, dated June 6th, 1967~
"Thank you for your Resolution No. 11-67 requesting
legislation ~upporting the financial ~eeds necessary
to combat beach erosion Problems throughout coastal
areas of Florida.
Please be advised that my Se~ate Bill 1062 pro-
vides for an appropriation from the General Revenue
Fund of the State of $1,500,000 for beach erosion
research and in that same transfer, if the legislature
acts favorably on this legislation, it will l~rove
to be of some assistance to beach erosion in Florida."
5. Mr. Croft asked the status of the propesed S. E. 3rd Avenue side-
walk, and City Manager ~atchel reported that the Florida East Coast
Railway Company had been contacted about a right-of-way or easement
for construction of a sidewalk and no answer had been received from
the Railway Company but that he would contact them again.
5. Mr. Jurney said if there is no objection from other Councilmen, he
would Like to direct the City Manager to remove the old shuffleboard
courts in the City Park, as he feels that Should be a grassed area
instead of a parking a~ea. The Councilmen were in agreement and the
City Manager informed Council that ~ould be provided for.
5. Mayor Avery said that he had been informed by a citizen of Delray
Beach that Police Lieutenant Billings had been most hell~ful and courte-
ous in h~s instructions of. the use of fire arms when asked about same,
and that this citizen would like Lieutenant Billings comm~l~ded for such
Service o
Mayor Avery asked that LieUtenant Billings be commende~, through
channels, in writing, for extreme courtesy to the public.
6.a. concerning.a survey of parcels of land in'violation of the City's
nuisance laws ~eeented by the City Manager, Mr. Merritt ~oved 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. Talbot
and carried unanimously. (Coif of nuisance survey is attached to the
official copy of these minutes.) See page l14-A.
6.b. City Manager Gatchel said that at the last regular meeting, Council
approved a request from the Chamber of Commerce for a 40-year lease on
the South 30 feet of Lot 17, Block 101, for continuation of the Chamber's
activities thereon, a~d that a lease had been prepared by the City
Attorney, and Council authorization is requested for its execution by
the proper City officials.
Mr. Merritt moved that the necessary steps be taken to complete
said lease w£th the .Chamber of Co~u~erce, the motion being seconded by
Mr. Croft and unanimously carried. (Copy of Lease is attached to the
official copy of these minutes.) .See page ll4-B-D.
6.C. Concerning correction of the Civic Center's acoustics, City
Manager Oatchel reported to council as' follows:
"Necessary corrective measures concerning th® present inadequate
acoustical condition within the~ Civic Center should be provided by a
qualified acoustical engineer.
The architect for ~he Center, Mr. Roy Simon, was Contacted in this
matter and has offered-his services, acknowledging that the condition
should be corrected, in order that proper and satisfactory use of the
gymnasium and assembly hall can be made.
Mr. Simon, in reflecting back on the time when the building
was constructed there, did say that~ early in the design stage the
council .at that time decided to not prepare for nor design, for good
acoustical conditions inside the building, it being the desire and
wished o~ Council at that time to get as ~ch building as they
possiblF could for their budget .at the time, so it was not something
that was designed and eliminated, but rather a decision of Council at
the early stages of design of the building.
Mr. Simon advised that should such service require much. of his
time, there would be a reasonable fee .~herefor, which would be in add-
ition' to an engineer's cost of ana~yeis, recommended plans and specifi-
cations, review of contractors' bide for such determined improvement
as Council might'direct, also field inspection during such Project and
its f~nal comp~etion.
Inasmuch as Mr. Simon, if employed for this service, advises
that he would employ Mr. John A. Ford, whom he considers ,well qualified
and the logical acoustical engineer in this area for such engineering
aid, it is again recommended that ~he City employ Mr. Ford to provide
the services outlined in the agenda preface of May 22nd (Item 6.b.) and
necessary funds in the amount of $225.00 to cover cost thereof be
authorized fron~-the Oeneral Fund Contingency Account."
Mr. Jurney asked 'if Mr. Ford is a:'Rsg~stered Acoustical Engineer,
and ~he City Manager re~orted that he is a graduate engineer in that
field, and according to information received is the only graduate
engineer in that-field in the sout~n~part of the state.
Mr. ~urney moved that Mr. Ford be employed to correct this
situation at the community Center and that the necessary funds in the
amount of $225.00 to cover cost thereof be authorized ~rom the General
Fund Contingency Account, the motion being seconded by Mr. Talbot.
Mr. Merritt asked, what the fee to Mr~ Ford included, and the
City Manager said it would include the engineers analysis as to cost
and materials to be used, his recommendation in the form of plans an~
specifications, his review of the bids for such improvement as the
Council may direct, his field inspection during the project, and his
inspection and O.K. as to its final completion.
-2- 6-12-67
Upon call of roll, the motion carried unanimously.
6.d. City Manager Gatcllel informed Council that Mr. Daniel J. Hudek,
operating The Meat Blo=k, Inc., a retail establishment located at
168 N. E. 2nd Avenue has appl£ed for license to dispense beer, for
consumption off the premises, in conjunction with the retail store's
business~ further, the applicant having been investigated, in compliance
with established policy, by the propor legal agencies, it is recommended
that his request be approved..
The request for license was unanimously granted, on motion by
Mr. Jurney and seconded by Mr. Mer~itt.
6.e. This item of application for transfer of beer and wine license
at Lee's Place, 50 N. W. 5th Avenue, was deleted from the agenda at the
request of the City Manager.
7. There were no petitions and communications.
8.a. City Clerk Worthing presented RESOLUTION NO. 8-67.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DSLRAY BEACH, FLORIDA~ VACATING
AND ABANDONING THAT PORTION OF CASUARINA
ROAD LYING WESTERLY FROM A NORTHERLY PRO-
JECTION OF THE WEST RIGHT-OF-WAY LINE OF
SEA SAGE DRIVE, SAID PORTION OF CASUARINA
ROAD BEING TWEITTY-FIVE FEET IN WIDTH.
(Copy of Rsolution No.. 8-67 is attached to the official copy
of the: May 8th;..1967 minutes.) See page 94-C.
Mr. Talbot moved that Resolution No. 8-67 be passed and adopted,
the motion being seconded by Mr. Croft. Upon call of roll, Mr. Croft,
.Mr. Talbot and Mayor Avery voted in favor of the mot/on and Mr. Jurney
and Mr. Merritt were opposed.
8.b. The City Clerk presented ORDINANCE NO. 16-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH~ FLORIDA, AMENDING
SECTION 29-7 {B), CHAPTER 29 OF THE CODE
OF ORDINANCES OF THIS CITY PERTAINING TO
CONDITIONAL USES IN THE R-3, MULTIPLE
FAMILY DWELLING DISTRICT.
(Copy of Ordinance No. 16-67 is attached to the official copy
of the May 22, 1967 minutes.) See page 106-G.
There being no objection to Ordinance No. 16-67, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Talbot and seconded by Mr. Croft.
8.c. The City Clerk presented ORDINANCE NO. 18-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 8,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE
ZONING THEREOF.
Ordinance No. 18-67 was unanimously placed on first reading, on
motion by Mr. Croft and seconded by Mr. Talbot.
~.1
8.d. City Clerk Worthing presented ORDINANCE NO. 19-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FORIDA~ ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN L~ND LOCATED IN SECTION 8,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID 'LAND~ PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE
ZONING THEREOF. 760 N. W. 7th Street
Ordinance No. 19~67 was unanimoUsly placed on first reading,
on motion by Mr. Croft and seconded by Mr. Jurney.
8.e. The City Clerk presented ORDINANCE NO. 20-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 29-1, CHAPTER 29, CODE OF ORDI-
N~I~CE OF THIS CITY BY ADDING SUBSECTION
{60) PERTAINING TO A DEFINITION OF A
CLUSTER DEVELOPMENT.
Ordinance No. 20~67 was unanimously placed on first reading, on
motion by Mr. Jurney and .seconded by Mr. Merritt.
8.f. The City Clerk presented ORDINANCE NO. 21-67.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 3, CODE OF ORDI-
NANCES OF THE CITY, BY ADDING A SECTION
PERTAINING TO THE USE OF AUTOMOBILES WITH
ADVERTISING SIGNS ATTACHED THERETO OR '
PAINTED THEREON.
Ordinance No. 21-67 was unanimously placed on first reading,
on motion by Mr. Jurney and seconded by Mr. Talbot.
8.g. City Clerk Worthing presented ORDINANCE NO. 22-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
SECTION 8-2, CHAPTER 8, CODE OF ORDINANCES
OF THE CITY, AND AMENDING SAID CHAPTER 8,
BY ADDING CERTAIN SBCTIONS PERTAINING TO
RESTRICTIONS IMPOSED ON MOORING BOATS IN
PUBLIC AREAS.
Or.dinance No. 22-67 was unanimously placed on first reading,
on motion by Mr. Talbot and seconded by Mr. Jurney.
9.a. City Clerk Worthing read the Beautification committee meeting
minutes of May 3rd and 24th, 1967.
He then read the minutes of the Beautification Committee meeting
of June 7, 1967 as follows:
"(1) The following budget for 1967-68 was proposed by the co~mlttee:
1. Continuation of Public Educational Program:
A. Reorder of 10,000 Litter Bags .... $300.
B. COSt for rental of movie films
and equipment ............ $300. _
Total ......... $ 600°
2. Departmental Su~_plies ............. ~ 100.
3. Travel to State-wide Beautification Conference . . 100.
4. Landscaping and sprinkler system for corner of
N. E. 8th Street and Dixie Boulevard ....... 750.
111
(2) The committee requested that the unspent balance of last year's
budget ($542.) be carried over and earmarked for the corner beautifi-
cation at N. E. 8th Street and D.ixie Boulevard, thus reducing their
actual request to $1008.
(3) In further business, the committee requested that the Junk cars be
removed from the two Gulf station properties on West Atlantic Avenue
at 5th and 6th Avenues. (Action requested)
{4) Regarding the proposed Holiday Inn to be constructed, on East
Atlantic Avenue, the committee recommends that the City re~uest the
franchise holders to use a sign similar to those used in 'Palm Beach
and Coral Gables rather than their standard sign. '(Action.requested)
(5) The Secretary was asked to write a letter of deep appreciation and
thanks to Mrs. John Bordeman and Mx. Joseph Sante, who have served so
· faithfully and diligently on this committee. They will be replaced
by new representatives from their organizations."
Concerning Item 3, the City Manager was directed to survey this
item regarding junk cars, and if it requires Council action that he re-
port back to Council.
Concerning Item 4, City Manager Gatchel rePOrted that the
Holiday Inn signs referred to are smaller than the signs normal~y used
by that organization. Further, that Mr. Smith, Planning Director, has
been in contact with the people concerned with this proposed improve-
ment and have had discussion concerning the size of sign they propose
to uae. He said that the city has no control over the size of the
sign, but can prohibit a flashing sign. .
The City Manager was directed to survey 'thi~'' through his
personnel, and return to Council with something to consider regarding
the sign.
lO.a. Mr. James Cassel, President of the Shuffleboard C1ub, represent-
ing 387 members of the Shuffleboard Club, said that the three major
groups, namely, Senior Citizens, Bowling on the Green and the Shuffle-
board Club, that use the Adult Recreation Complex regularly have over
600 members at this time. During lengthy comments, Mr. Casse~ named
other groups that use the Complex, and some of the purposes for which
it is used, and said that the parking facilities are very inadequate,
there being parking for only thirty cars. He said they recommend that
the present facilities for parking be extended southward to Atlantic
Avenue and that the old rest rooms be demolished and relocated adjacent
to the lift station in the southeast corner of the park.
It was pointed out that the Traffic and Parking Committee work-
ing with the City Engineer, Police Chief, and three members of the
Beautification Committee, known as the Park Improvement Committee, had
presented the Council with two plans for parking at the City Park,
both plans being rejected~ and that said committee had been requested
to give further s'tudy on this item on the basis of suggestions of Mr.
Jurney concerning parking on N. E. 7th Avenue and on N. E. 1st Street.
· Mr. Merritt said there is a meeting scheduled at lI:O0 A.M.,
tomorrow, June 13th, by said Park Improvement COmmittee to be held in
the Conference Room at the City Hall for the purpose of making such
study.
Mayor Avery said that representatives from those organizations
using the Adult Recreation Complex would be welcome to attend said
meeting tomorrow.
lO.a. Mr. J. Watson Dunbar, Secretary of the Beach Property Owner's
Association, ~ormer Beach Taxpayers League, asked Ckty Clerk Worthing
how many letters of dissent he had received from membe~s of that
Association concerning the proposmd construction of a Holiday Inn on
the north side of East Atlantic AVenue.
City Clerk Worthing said he had received 53 letters with two of
the people favoring such construction.
Mr. Dunbar said that he had received a few letters making a total
of approximately 75, and that the Association is taking no stand for or
against said proposed construction, bu't had, in a bulletin, informed
its members of the proposed construction and suggested that they may
wish tx) express their views to the City Council .through Mr. Worthing.
Mr. Dunbar said he feels the subject of zoning needs a lot of
r. evtew and clarification and when people buy property here some of
them are uninformed or misi~formed as to what can be built on it or
adjacent to it. He compl~mented Planning Director A. W. Smith on his
work here concerning planning and ZOning.
10.a. Mr. L. V. Everett of the Senior Citizens Club reminded Council
that about three months ago the Police Department of Delray Beach
ordered one of the 1sca! churches to discontinue B~ngo on the grounds
that it violated the Florida Law on gambling,' and that last week the
Oovernor had signed a bill legalizing Bingo for charitable purposes
with the reot=iction.'that the prizes will not exceed $100.00. Mr.
Everett said that at the same t/me three months ago instructions were
given to the Senior Citizens Club and the Tuesday Afternoon Bridge
Group that they would have to disconti~lue giving prizes at their card
games; further, as a result of that action the Senior Citizens Club has
lost much of its appeal to the elderly citizens and the duplioa~e
bridge game has dwindled to practically four tables, but at the same
time the neighboring towns are still giving prizes at their gemes and
many of the Delray people are going to those games.
· Mr. Everett said that the Sen£or Citizens Group is definitely
a nonprofit organization and is a charitable organization, contributing
many useful things such as the ceramic oven to the Conununity Center,
contribution to the Hagen Road School, football uniforms for a team
and contribution for exchange students and there is nothing carried in
the treasury over the year end. He also informed Council that any
receipts of the Bridge group over the actual expenses of cards, tallys~
~tc., is turned into the City Recreation Department. .'
Mr. Everett said he would like to know why the ~rizes cannot
be given in Delra]~ Beach as they are in the other towns, and that their
letters of protest to the Oovernor and the Attorney General written
several weeks ago have not been answered.
Mayor Avery said that Delray Beach has to conform to the Stat~
Laws, but that the City Manager, City Attorney and Chief of Police
would be rec~/ested to resurvey this item in an endeavor to see if some-
thing can be done about it.
City Attorney Adams reported that he had written a sympathetic
letter on behalf of the Senior Citizens, explaining the exact nature of
the game, prizes and admission fee, and had received a very specific
letter from the Attorney General that it was illegal; further, that he .~
would research the Bingo bill to see if it includes any other games.
1O.d. Mr.. J. Wm. Schmalz said that two years ago he was informed a
new water plant would be completed by August of last year, therefore,
plans for a water conditioner for the Lyndon Arms Apartments were dis,
continued. He asked the present status of the proposed Water plant.
Mayor Avery informed Mr. Schmalz that the plans and specifications
for a new wa~er p~ant have been ~rrepared, but in January, 1967, the
Fiscal Agents informed Council that in twenty months from that date the
City would be able to float bonds 'necessary to build the plant and
soften the water with no increase in water rates and it would take
approximately a year after that date t° complete the improvement.
lO.a. A Council workshop meeting was scheduled for Wednesday, June
14th, 1967, at 8tO0 P.M., in the Conference Room at the City Hall.
Mr. Jurney asked if the drainage problem in the Southwest area
of town. x~ould be considered at that workshop meeting, and was informed
that it would be.
-6- 6-12-67
ll;J
10.a. Mr. Jurney said that the. Delray Beach News-Journal have been
re~orting editorials on their front page which are incorrect, and took
exception to an. article in the last issue of that paper regarding the
south 400 feet of City beach and the last City election. During comments
about the 400 feet of City Beach, he sai~ that it is his wish that
the n~ws woul~ be re~orted in the Delray Beach News~Journal correctly
an~ honestly.
Mr. Jurney re~orted that Boynton Beach has a total of 819 feet
of beach, Boca Raton, 850 feet, Lake Worth, 500 feet]=Palm Beach, 4200
feet, and that west Palm Beach has none, which makes a total of 6369
feet serving a ~opulation within those towns of 157,000, whereas Delray
Beach, excluding the 400 feet of beach, has 6325 of beach serving~.~
population of 18,500, with approximately 25,~00 during the winter time.
10.b. City Clerk worthing presented Bills for Approval as folloWS~oeneral Fund - $177,333.99
Water O~erat£ng & Maintenance Fund 6,739.28
Water Revenue 106,797.38
Special Assessment Fund 967.50
Utilities Tax Certificates
Principal & Interest Redemption Fund 33,675.00
Interest & Sinking Fund
Water & Sewer Revenue Bonds 191,521.25
Sewer Revenue Fund 90,000.00
Cemetery perpetual Care Fund . 13,843.13
Refundable Deposits Fund 2,617.74
Cigarette Tax Fund 5,388.13
Sewer Construction Trust Fund .27,025.84
A bill in the amOunt of $100.00 from City Attorney Adams for
~xtraordinary sdrvices in connection with conferences with Boca Raton
and Boynton~'Beach o~f£cials and the redrafting of the "Reserve Area
Bill" for the Legislative Clinic.
The bills were unanimously ordered paid, on motion by Mr. Croft
and seconded by Mr. Merritt.
The meeting adjourne~ at 9=05 P.M.
R. D. WORTHING
City Clerk
6-12-67
l14-A I
PROPERTIES IN VIOLATIONS OF ORDINANCE NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
PROPERTY CITY
~l~R, ADDI~E~, S D~SCRIPT, ION COD, E
Marion Sparks 1402 Highland Lane Vacant part of 15-3
Peters & Melvin Delray Beach, Florida Lot 18, Block 72. &
V. Sparks 33444 15-4
2.
Helen Connor 11 Stuyvesant Oval Lots 2 and 3, 15-3
New York, New York Block 8, RiO Del P. ey.
10009 15-4
3.
David H. Annan 3247 Polo Drive Beg 38.54' W of SE
Delray Beach, Florida cot of N% of Lot 28 15-3
33444 for POB th run W 200', &
N 135.06', E 200', 15-4
S 135.06' to POB,
Section 9-46-43.
Violations 15-3 and 15-4 as concerns this report are as follows~
1. 15-3 - Garden trash, fronds, coconuts and building trash.
15-4 - Weeds.
2. 15-3 - Loose trash.
15-4 -wee~s and undergrowth.
3. 15~3'- Garden tresh, litter, building debris (broke~ blocks)
and broken signs.
15-4 - weeds.
Submitted to the City Council t~ the City Manager on this the
12th day of June, 1967.
0Z8
l14-B
LEASE AGREEMENT
THIS LEASE AGREEMENT, Made this ~ day of .3Cu~%/- ,
1967, by and between the CITY OF DELRAY BEACH, a municipal cor-
poration in Palm Beach County, Florida, herein called the Lessor,
and THE CH/~MBER OF COMMERCE of Delray Beach, Florida, herein
called the Lessee.
WITNESSETH, that for and in consideration of the sum
of ONE ($1.00) DOLLAR this day paid by the Lessee to the Lessor,
and in further consideration of the covenants herein contained
on the part of said Lessee to be kept and performed, the said
Lessor does hereby lease to the said Lessee:
The South thirty (30) feet of Lot 17, Block 101,
Delray Beach (formerly Town of Linton) according
to the plat thereof in Plat Book 1, page 3,
public records of Palm Beach County, Florida.
This lease shall be for a term of Forty (40) years from this
date, and the Lessee shall pay an annual rental of One Dollar
($1.00) on each anniversary of this lease.
THIS LEASE is made by the Lessor for the purpose of
enabling the Lessee to construct and maintain on the above des'
cribed property, a building to be used .for a Chamber of Commerce
building. In the event that this property should ever be used
for any other purpose, then. this lease may be declared terminated
by the Lessor, by giving the Lessee, or its successors or
assigns, ninety (90) days' notice.of intention to terminate this
lease. In the event this lease is terminated, the Lessee shall
have the right to remove therefrom any buildings placed thereon
by said Lessee.
THE LESSEE COVENANTS that it will make no unlawful,
improper or offensive use of the said premises, that it will not
assign this lease or sublet any part of the said premises without
the written consent of the Lessor, that it will use said pre-
mises only for the purposes set forth above..
IT IS HEREBY COVENANTED AND AGREED that if the Lessee
shall violate any of the covenants of this lease, that it shall
114-C
become tenant at sufferance and the lessor shall be entitled to
re-enter and re-take possession of the above described premises
upon the giving of the ninety (90) days' notice as above set
forth.
IN WITNESS WHEREOF, the Lessor has caused this lease
to be executed by its Mayor and attested by the City Clerk and
the City Seal to be affixed thereto and the lessee has also
executed this lease on the date first above written.
CITY OF DELRAY BEACH
ATTEST: ~_~Mayor
~ , ~" Clerk
THE CHAMBER OF COMMERCE of
(SEAL) Delray~ Be.ach, Flo~ila '
City Attorney
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Before me, the undersigned authority, personally ap-
peared AL. C. AVERY and ROBERT D. WO/{THING, Mayor and City Clerk
of the City of Delray Beach, respectively, to me well known
to be the individuals who executed the above and foregoing lease
on behalf of the City of Delray Beach, and they acknowledged
before me that they executed the same freely and voluntarily
as and for the act and deed of said City.
WITNESS my hand and offic.iaL seal at Delray Beach,
Florida, on this the ....~-~/O~day of k~..+. .... ~, 1967.
Notary Public, State of Florida
My commission expires:
-2-
l14-D
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I HEREBY CERTIFY, that on this day, before me, an
officer duly authorized in the State and County aforesaid to
take acknowledgments, personally appeared
W-ell known to me to be the President and
k~,:~,.,,~ a, ~.~.,.~ respectively of THE CHAMBER OF COMMERCE
of Delray Beach, Florida, the corporation in whose name the
foregoing instrument was executed, and that they severally
acknowledged executing the same as such officers of such cor-
poration freely and voluntarily' Under authority duly vested
in them by said corporation, and that the seal affixed thereto
is the true corporate seal of said corporation.
WITNESS my hand and o~icial seal in the County and
State last aforesaid this ~ ~day of June, 1967.
~o~ P~llc, Sbate 6~ ~lori'd/
My commission expires:
~' Commission Exp~re; lan. 28, 1970
-3-
BOARD OF EOUALIZATIO~
JU~ 12, 13 & 14, 1967.
The BOARD OF EOUALIZATION for the City of Delray Beach, Palm
Beach County, Florida, conve~ed at 10:00 ACM., on Monday, jUne 12th,
1967~. in the Council Chambers at the City Hall in co~apliance with Sec-
tion 86, Article XVI of the City Charter, following local newspaper
Public Notice of such Annual Meeting to be held having been provided
in accordance with Charter.provision contained in said Section 86.
Mayor Al. C. Avery acted as Chairman of the Board of Equalization
meeting and all Councilmen, J. LeRoy Croft, James H. Jurney, LeRoy W.
Merritt and George Talbot, Jr., were present.
Mayor Avery called the meeting to order and said that the City
Charter provides for the Council to sit as a Board of Equalization,
and all persons owning property, real or personal, have the right to
appear before Such Board and be heard.
An opening prayer was delivered by City Clerk R. D. Worthing, and
the Pledge of Allegiance to the Flag of the Unite~ States of America
was given.
Mayor Avery said that the Board shall review and provide for
equalizing the assessments, as shown on the Assessment Roll for 1967,
may make all inquiries necessary, and if .advisable to take testimony,
for the purpose of determining the valuation of any property so as-
sessed~ further, if there ia a com~laint, to ascertain the fact that
they are.taxed on an equal basis with similar p~oPerties.
Tax Assessor R. D. Wo=thing commented and'reported to the Boars
as follows =
"In view of some Councilmen who were not here in .Prior years ~
~ould like to take this:opp0rtunity of atari,g lit has alway8 been and
shall continue to be the earnest.desire of, the Tax office to provide
fair, just and equitable assessments of all properties within the City
in accordance with assessment' code of ethics and in compliance with
the dictates of the State Statutes and the City Charter that all prop-
erty be assessed, for taxation purposes, at its full cash value.
The personnel of the tax office, Deputy Tax Assessor Buck Ward,
Mrs. Maria Thomas and Mrs. Grace Martin, greatly appreciate the under-
standing, the patience and the courtesies extended by the many property
owners, or their representatives, who call at the Tax Office to discuss
their property valuations, or seeking other information relative there-
to. You may be assured that the Tax Office will always be happy to
serve such interested parties, as well es co~ultless real estate agen-
cies, financial houses and mortgage brokers who are constantly at the
cou~ter in the tax office soliciting tax information and other impor-
tant data only obtainable in that office.
The Council of 1961 determined to provide for a RE-APPRAISAL of
all property valuations within the City and employed a highly qualified
professional appraisal firm for that purpose.
The BOARD OF EQUALIZATION, on June lSth, 1962, accepted the Tax
Roll as prepared by the employed appraisal firm with the exception of
temporary adjustment of land values in the Commercial areas of Atlantic
Avenue, East 1st, 2nd. 3rd, 4th, 5th and 6th Avenues, as well as that
part of Ocean Boulevard adjacent to the municipal beach, as recommend-
ed at that time by your Tax Assessor. These temporary adjusted lall~
values, for taxation purposes, were provided for tax relief in view of
the economic ills of varying nature affecting Ocean BoUlevard, adjacent
to the beach, major drainage improvement projects, adverse affect in
the business area due to the long disruption as a result of undertak-
ing construction of the OCean Outfall Sewer System, the temporary, but
harmful, affect on East 5th &'6th avenues as a result of each being
changed over from t.o-way one-.ay traffic edera with
limited curb parking of vehicles, and last, but far from least, the
affect on Atlantic Avenue due to the State Road Department's major re-
construction of State Road 806 (Atlantic Avenue} from Swinton Avenue
to the TUrnpike.
The original land values, established bY'the Appraisal Firm, have
now been restored, having been determinedto reflectf~ll cash value
thereof, and, therefore, being in complian~ewith the Sta'te's direCtiv~
that the assessed ProPerty values reflect such full CaSh va'iue, are'
contained in the'AsSessment ROll for 1967 as submitted& Co~iesof which
have been furnished each of you Gentlemen, and if there are any further
questions I would be haPPy to endeavor to answer them."
There being no requests to 'apPear' before the Board Of ~qualization
today, the meeting was adjourned at 10=12 A.M., until 10=00 A.M.,
Tuesday, June 13th, 1967, on motion by Mr. Croft and seconded by Mr.
Jurney.
The BOARD OF EQUALIZATION reconvened 'at 10:00 A.M., Tuesday, June
13th, with Mayor Avery and Co~cilmen Jurney and Merritt being present~,
Mayor Avery called the meeting to order and an opening prayer was
delivered by City Clerk Worthing, followed by 'the Pledge of Allegiance
to the Flag Of the United States of America. .. ~ . .~. ·
Tax AssesSor worthing informed the Board that Mrs. 'J. D. Strange,
at 140 to 142 No ~.. :Sth Av~n~e, 'c~cked ~h~ assessed valUa~ion of her
property in Block 99, and questioned the increase in valuation and also
questioned her valua~i0n being higher than that.Of Mr.' Harry Ecks whose
property is adjacent to .hers on the north. The Tax Assessor ~said the
land valuation had increased in that area, as well as other areas, as
reported to the Board during the Monday s~sS~on~ due to the reinstate-
ment of a temporary adJustment'of vaIuation allo~ed many properties in
1962. Further, that all properties in that block, on that side of the
street now have a front foot assesse~ valuation~of $125.00 and that
Mrs. Strange owns a 109 foot lot and Mr. Ecks only owns a 50 foot lot.
Mr. Worthing reported that the 1967 assessed valuation of the Strange
property is as follows: Land - $12,711. Building - $6,750.
Total - $19,500.
Mr. Jurney said that in view of the facts, and that everything is
~qual, he would move that any change in assessed valuation be denied.
The motion was seconded by Mr. Merritt and carried unanimously.
Mr. Merritt asked that Mrs. Strange be given an explanation that
her assessed valuation is higher than that of Mr. Ecks due to the
difference in the size of the lots, and that her property is assessed
equitably with similar properties in the City.
Mr. Merritt moved that this meeting be 'adjourned until 10=00 A.M.,
Wednesday, the motion being seconded by Mr. ~Jurney and unanimously
carried. The meeting adjourned at 10:20 A.M.
JuNE 14, 1967.
The ~OARD OF EOUALIZATION reconvened at 10~00 A~M., Wednesday,
June 14th, With Mayor Avery and Councilmen'Jurney, Merritt and Talbot
being present.
Mayor AVery called the meeting to order an~ an opening prayer was
deLivere~ by City Clerk Worthing, followed by the Pledge of Allegiance
to the Flag of the Unite~ States of America~
It was mentioned that where properties have been benefited by
the beach revetment installation, a higher assessed valuation may be
in order.
Tax AsSessor Worthing informed the Board that he is presently
studying that situation in conjunction with the Tax Assessor of Palm
Beach County in trying to determine a way, if proper, fair and just~
to reflect such apparent improved value to abutting lands.
Mr. Talbot moved that the Assessment Roll for 1967, as it now
appears, be accepted and so certified to the Tax Assessor, it having
been determined equalized and equitable. The motion was seconded by
Mr. Jurney and carried unanimously.
The BOARD OF EQUALIZATION meeting adjourned at 10:20 A.M.
City Clerk
-3- June, 1967 Bd. of Eq,