06-26-67 115
,.TL~ 26, 1967.
A regular meeting of the Cit~ Council of Delray Beach was held in
the Council Chambers at S:00 P.M., with Mayor Al. C. Avery in the Chair,
City Manager David M. Gatchel, City Attorney John Ross Adams, and Coun-
cilmen J. LeBoy Croft, LeRoy W. Merritt and George Talbot, Jr., being
present.
1.. An OPening prayer was delivered by City clerk R. D. Worthing.
~-. The Pledge of Allegiance to the Flag of the United States of America
was given.
3. The minutes of the regular Council meeting of' june 12th, 1967, were
unanimously approved, on motion by Mr. Croft and seconded by Mr. Merritt.
4. Mayor Avery read a Proclamation stating that July 4, 1967, the
United States will celebrate its O~e Hundre~ and Ninety-First Birthday,
and that a national movement known as "Bells of America Ringing for
Freedom" has been instituted to return July 4th to its original signif-
icance by ringing every bell ·across our land at the same ap~ointed hour.
He then proclaimed that July 4th, 1967, be signally marked by ringing
,.every bell in Delray Beach at 2:00 P.M., Eastern Daylight time to
CAUSE' BELLS OF AMERICA TO REALLY RING.
Mayor Avery asked that the City Manager instruct the Fire Depart-
ment to move its trucks outside the building and that the bells be rung
at that time.
5. Mayor Avery informed Council that Mr. James Cassel, President of the
Shuffleboard Club, had asked that Council action taken at the last meet-
ing directing the City Manager to remove the old shuffleboard courts in
the City Park, be held in abeyance until the Parking committee had com-
pleted its study.
Mr. Cassel informed Council there had been an intervie~ between
representatives of the organi~.ations using the Adult Recreation COmplex
in the City Park and the Park /mprovement Committee, and that their
group recommend that the old shuffleboard courts and the present parkiDg
facilities be extended southward toward Atlantic Avenue as a parking
area. Further, that the Parking Committee has not come up with a solu~
tion to that parking problem as yet.
During Comments, Mr, Cassel said the lowest possible expenditure
that could be made by the city would permit those old courts to be used
as a base foundation and as an extension of the present parking facili-
ties which would give.an approximate 90-car parking .area which would be
sufficient for some time.
He asked that the Council rescind the present order, that the old
shuffleboard courts be removed, until such time as the Parking Co~ittee
can present a soIution to the parking problem that will be satisfactory
to the users of the park and the facilities located there.
· Mr. Merritt, Chairman of' the Parking ¢ommitte, said at this time
there are two very good possibilities of a solution to said parking
problem, and that he has no objection to hoIding that order in abeyance
until the Committee can give. Council a concrete r.ecommendatlon. Mr.
Merritt asked that the City Manager be permitted to remove the light
pol.es in that area, as he feels that would improve the appearance of the
area.
Mr. Croft moved that the coUncil directive to remove the old courts
be held in abeyance at this time, the motion being seconded by Mr.
Merritt '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. Croft moved that the
City Clerk be authorized to proceed with the enforcement of Cha.Dter 15
of the Code of Ordinances. The motion was seconded by Mr. Merritt and
carried unanimously. (Copy of nuisance suzvey is attached to the offi-
cial copy of these minutes.) See pag~
6.b. The city Manager informed Council that the Directors of the South
Palm Beach County Soap Box Derby, scheduled to be held July 8, 1967,
request Delray Beach participation in the amount of $57.50, of which
amount $37.50 is for a savings bon~ and $20.00 for a trophy. Further,
a like amount was provides by Council in 1966 for this considered worthy
cause, and approval for such participation, as requested, is recommended
w~th necessary funds to be supplied from the General Fund Contingency
ACcount.
Mr. Merritt moved that the request be granted and that the money
be provided from the General Fund Contingency Account, the motion being
seconded by Mr. Croft and unanimously carried.
X. In the- absence, of Vice-Mayor Jurney, Mr. Croft was designated to serve
as Vice,Mayor 'for the evening on motion by Mr. Merritt and seconded by
Mr. Talbot.
6.c. The City Manager informed Council that Mr. Charles W. Robertson,
a disabled war veteran, and so acknowledged by the County,'s Veterans
Servic~ Office, requests 'a gratis license for conducting a business to
be known as '"Wilson Ceramics" at 316 S. E. 1st Street; further, this
application is submitted to Council in' compliance with Chapter 16 of
the Code of Ordinances, and approval thereof, as provided by both S~ate
Statutes and'.C£ty ,Charter provisions:, ie recommended~'
The request for said gratis license was unanimously granted,
on motion by Mr. Croft and seconded by Mr. Talbot.
6.d. Concerning wa~er and sewer systems expansion Master Plan prepara,
tion, City Manager Gatchel reported to Council as follows:
"The City has outgrown the scope of previous pianning studies, which
have provided the basic criteria for coordinating the various service
systems and establishing the required capacities of lines and pum~s that
serve the interdependent systems, both water and sewer.
Russell & Axon, The City's Consulting Engineers, have proposed to
prepare a 'Master Plan' for coordinating the planning of water and sewer
systems expansion that will provide:
1. An analysis of present and future service demands within the
potential service areas.
2. Basic design criteria for major system components, such as
pumps, trunk mains and disposal or treatment facilities.
3. Basic layouts of the over-all, coordinating systems, showing
incremental service areas and their relationship to the Master Plan.
4. Preliminary cost estimates and project cost schedules, based
on population growth indexes.
In order to expedite those phases of the project that are of im-
mediate concern, it is suggested, subject to Council's favorable con-
sideration of this proposes1, that the report be prepared on a priority
basis for separate sections pertaining to the various areas of the City,
such as: '
SECTION-I. The south area, from 10th Street south to the C-15
Canal, between the SAL Railroad and the Intracoastal Waterway. SECTION II. Other areas within the present City limits.
SECTION III. Unincorporated areas that may be considered for water
a~d sewer service within 5 years.
SECTION IV. Summary and the complete Master Plan.
It is recomfaended that Russell & Axon be authorized to provide the
Master Plan in accordance with their proposal of June 5, 1967, both as
outlined above, for the sum of $7,500.00, which funds should be appro-
priated from the Water and Sewer Contingency Account, it being under-.
stood and agreed that such fees shall thereafter be deducted proportion-
ally from any fees that may become due under subsequent final design
authorizations for any portions of the areas covered by the respective
sections of the report."
Mr. M~rritt moved to approve-the recommendations of the City Man-."
ager, the motion being seconded by Mr. croft and unanimously carried.
Mr. Merritt asked the anticipated time of said Master Plan being
completed ~ -2- 6-26-67
117
Mr. John Klinck, Southeast Florida District Engineer for Russell &
Axon, and City of Delray Beach Engineering Consultant, informed Council
that in accordance with the proposal submitted by Russell & Axon on
June 5, 1967, they propose to prepare the first section of this report
within 45 to 60-days from this date of authorization; Section 2, in an
additional 60 days, and the 3rd and 4th final sections in another 60
days.
6.e. Concerning City employees hospital group insurance coverage, City
Manager Gatchel informed Council as follows:
"Due to recent appreciable increase in hospital room charges, as
well as surgical fees, it is desired to amend the current hospitaliza-
tion and medical group insurance plan for City employees as follows=
1. Increased hospital room and board benefit from $16.00 per day
to $26.00 per day.
2. Increased surgical benefits from ~250. 00 maximum standard sched-
ule to $900.00 maximum relative value schedule.
The additional cost to an employee without dependent coverage is
$0.86 per month, and to an employee with dependent coverage, the addi-
tional cost will be $4.10 per month.
Added cost to the City, as a result of its participation in this
additional insurance.coverage, will be $0.86 .per month per employee,
and based upon the current City employee enrollment in the group insur-
ance plan, actually 160 employees, would result in an added increased
cost of $1,651.20 per year.
It is estimated that the additional cost for the balance of this
fiscal year will be $280.00, it.being desired to place this added cover-
age in effect as of August 1, 1967, which actual necessary funds would
be provided by Council authorized transfer from the General Fund Con-
tingency AcCount."
Mr. Talbot moved that the insurance benefits be increased as recom-
mended by the City Manager, and that the additional cost of $280.00 for
the remainder of this fiscal year be transferred from the General Fund
Contingency Account. The motion was seconded by Mr. Croft and carried
un an imou sly.
7.a. City Clerk Worthing informed Council that a parcel of land in
Block C, John B. Reid's Village, comprising approximately 30,625 square
feet (175' x 175') has been offered to the City for purchase as a pos-
sible site for public parking facilities, and it is suggested that this
offer be referred to the Traffic & Parking Committee for review and
recommendation. It was so moved by Mx. Merritt, the motion being sec-
onded by Mr. Croft and unanimously carried.
7.b. City Clerk Worthing informed Council that the National Church of
God has made arrangements for purchase of Lots 9 and 10,. Block 3,
Atlantic Park Gardens, located at 133,137.S.W. 13th Avenue, and reques%
_permissive use of that land for Church improvement construction; further,
that Council may deny this request or refer same to the Planning/Zoning
~oard for public hearing thereon. Said request for permissive use was
unanim6usly referred to the Planning/Zoning Board for public hearing,
on motion by Mr. Merritt and seconded by Mx. Talbot.
7.c. City Clerk Worthing informed Council that the owners of Lots 1
through 7, Block 12; also Lot 12, Block 1, less the North 75 feet, all
being in Osceola Park Subdivision, and all less any existing S. E. 6th
Avenue, as well as Canal rights-of-way, have petitioned for rezoning
that portion thereof, now zoned R-1AA to R-3 ( Multiple Family Dwelling
District). This property lies between S. E. 6th Avenue and the Intra-
coastal Waterway for a distance of approximately 450 feet, the easterly
275 feet more or less being that portion referred to as now being zoned
R-1AA, the balance of the tract being approximately 175 feet in depth
and zoned C-2 has a frontage on the Federal Highway of 252.31 feet.
Further, Council may deny this request or refer same to the Planning/
Zoning Board for a public hearing to be held thereon, review of the
petition and a recommendation to Council as a result of evaluation of
the public hearing, as well as effect on the immediate area of such
petitioned reclassification. ·
Mr. Talbot moved that this petition be referred to the Planning/
zoning Board for a Public hearing, review, etc. as recommended. The
motion was seconded by Mr. Croft~ and carried unanimously.
7.d. Concerning request for use of City Park:'°r the Civic Center,
City Clerk Worthing reported to Council as follows~
"Rev. Carl E. Storey, on behalf of the First Baptist Church, Grace
Baptist Church, Christian Missionary Alliance, SoUthside Baptist Church
of Boynton Beach, with many other cooperating churches, requests the
use of the City Park on August 17th through 27th, between the ~o~rs of
6~00 P.M. and 10:00 P.M., for the purpose of conducting an Evangelistic
Crusade Service.
Rev. Storey further requests use of the Civic Center for the above
purpose, if the weather is unfavorable for conducting such services in
the City Park.
It is recommended that the request be granted, subject to there
being no conflict with the established policy of the City Recreation
Director, Mr. Elliott, as to scheduled programs."
Mr. Talbot moved that the City Manager in connection with Mr.
Elliott, handle this matter and make every effort to g~ve Rev. Storey
his request, the motion being seconded by Mr. croft and carried unani-
mously. .
Mayor Avery informed Council that Rev. Storey has commended the
City Manager and Mr. Elliott for their cooperation to date in this
matter. Mayor Avery complimented the City Manager for: cooperating in
this matter, and asked that the City Manager convey to Mr. :Elliott .
the Council's pleasure.
8.a. C~ty Clerk Worthing presented REsOLuTION NO. 12-67.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA,- CONSENTING
TO THE ASSIGNMENT OF THE DELRAY BEACH PUB-
LIC LIBRARY ASSOCIATION, IN00~ORATED LEASE
AS COLLATERAL FOR A LOAN TO SAID ASSOCIATION.
(Copy of Resolution No. 12-67 iS attache~ to the of£icial copy Of
these minutes.) See page 122-A. ·
Resolution No. 12-67 was unanimously passed on this first and
final reading on motion by Mr. Merritt and seconded by Mr. Croft.
8.b. The City Clerk presented ORDILL~NCE NO. 17-67.
AN ORDINANCE-OF THE CITY COUNCIL OF THE
CITY OF DEL~Ay BEACH, FLORIDA, REZONING
AND PLACING LOTS 3 and 4, BLOCK 53, ALSO
LOTS 1, 2, 3 and 4, BLOCK. 61, DELRAY BEACH,
FLORIDA, IN "C-.2 GENERAL CONIv~RCIAL DISTRICT",
AND AMENDING "ZONING MAP OF DELRAY BEACH;
FLORIDA,. 1960".
(Copy of Ordinance No. 17-67 is attached tO the official copy of
these minutes.,) See page 122'C.
There being no objection to Ordinance No, 17-67 expressed, during
the ipublic.:hearing~'on '.'same, Mr ~ Talbot' mOved., that said O=dinance ~be
pa~sed and adoptedaon' this second anc%.final reading, the motion-being
seeondea by Mr. Croft. Upon call of roll, Mr..Croft, Mr. Talbot and
Mayor Av, ery~voted~.in favor.'.of 'thei'motion ~d Mr. Merritt was opposed,
1.19
8.c. City Clerk Worthing presented ORDINANCE NO. 18-67.
AN ORDIN~ICE 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 LANDI AND PROVID~I~G FOR THE
(Co~y of Ordinance No. 18-67 is attached ~o the official co~ of
these minutes.) See pg. 122-D.
There being no objection to Ordinance No. 18-67, 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 C£ty Clerk presented ORDINANCE ~O. 19-67.
AN O~DINANCE OF THE CITY COUNCIL OF THE ~I~Y OF
D~.LEAY .BEACH, FLORIDA, ANNEXING TO THE CITY OF
D~LRAY BEACH CERTAIN LAND LO~ATED IN SECTION 8,
T~NSHIP' 46 SOUTH, ~ANGE 43 'EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING, M~NICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIF~ OP SAID CITY TO
INCLUDE SAID LAND= ~ROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AND PROVIDING FOR
ZONING THEREOF. 760 N. W. 7th Street
(Copy of Ordinance No..19-67 is attache~ to the official co~y of
these minutes.) See page 122-E.
There being no objection to Ordinance NO. 19-67, sa~d Ordinance
was unanimously :passed and adopted on this second and. final reading,
on motion by Mr. Talbot and seconded by Mr. Croft.
8.e. The City Clerk presented ORDINANCE NO. 20-67.
AN ORDINANCE OF THE CITY COT/~CIL OF T~E CITY
D~LRAY BEACH, FLORIDA, AMENDING SECTION 29-1,
CHAPTER 29, C(~E OF ORDINANCES OF THIS CITY BY
ADDING SUBSECTION {60) PERTAINING TO A DEFINITION
O~ A CLUSTER D~VELOPMENT.
WHEREAS, the City Council is desirous'of permitting Cluster
Develo~ents as special exceptions in the R-3 multiple family dwelling
district provided each such ~evelopment would be subject to approval
in accordance with the regulations pertaining to special exceptions=
and
WHEREAS, such planned unit developments are a new concept and
not susceptible to exact and a~11-inclusive de~initions;
WHEREAS, the City Council wishes to define the concept in general
terms unt~ this concept passes through the formative period:
N(~, .THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-10 Chapter 29, Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended
~y adding Subsection (60) as ~ollows:
"Sec. 29~1. Definitions.
"(60) Cluster Development
"'A group of dwe!ling units, single or multiple, developed aroun~
or throughout an open space area, which area is owned in common by all
owners living within the specific area."
Passed on second and final reading in regular session on this
26th day of J~une, 1~67
-5- 6-26-67
There being no objection to Ordinance No. 20-67, said Ordinance
Was unanimously passed and adopted on this second and final reading,
on motion by Mr. Talbot and seconded by Mr. Merritt. See page 122-F.
8.f. The City Clerk presented ORDINANCE NO. 21-67.
AN ORDINANCE OF THE CITY OF DELRAy BF..ACH
FLORIDA, AMENDING CHAPTER 3, CODE OF ORDI'
NANCES OF THE CITY, BY ADDING A S~CTZON
PERTAINING TO THE' USE OF AUTOMOBILES WITH
ADVERTISING SIGNS ATTACHED THERETO OR
PAINTED THEREON.
(COpy of Ordinance No. 21-67 is attached to the off£cial copy of
these minutes.) See page 122-G.
There being no objection to Ordinance No. 21-67 said Ordinance
was unanimously passed and adopted on this second end final reading,
on motion by Mr. Talbot and seconded by Mr. Merritt.
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 SECTIONS PERTAINING TO
RESTRICTIONS IMPOSED ON MOORING BOATS IN
PUBLIC. ARKAS.
(Copy of Ordinance No. 22-67 is attached to the official copy of
these minutes.) See page 122-H.
There being no objection to Ordinance No. 22-67, said Ordinance
was unani~ously passed and adopted on this second and final reading,
on motion by Mr. Talbot and seconded by Mr. Croft.
9. There were no reports.
10.a. Mr. 'Dan Doherty, a member of the Legislative Committee of the
Veterans of Foreign Wars, said he is concerned about the Bingo Bill
that was recently passed by the State Legislature, and after talking
with the County Solicitor today it is his understanding that the
v. F. W. needs an application from the City Council in order to conduct
their Bingo Games. Mr. Doherty informed Council that the American
Legion is 'also desirous of obtaining an .application for same.
City Attorney Adams informed council that he has a copy of said
"Bingo Bill" and recommended that the Police Chief, the City Manager
and the City Attorney be authorized t~ p~e~are a format for receiving
applications, and said format be presented to Council for approval at
its next meeting. It was so moved'by Mr. Talbot, seconded by Mr. Merrier
and hnanimously carried.
IO.a. Mr. J. Wm. Schmalz, 200 Andrews Avenue, informed Council of
observing many violations of the ordinance pzohibiting dogs from being
on the municipal beach, and it was pointed out that the municipal beach
is all that portion lying East of the East curb of State Road A1A
(Ocean Boulevard}.
Mayor Avery suggested this item be referred to the city Manager for
his investigation . as to whether any laws are being broken, and if
the laws are being broken that they be enforced.
Mr. Merritt said that he would make such a motion, and that he
would also like to request the City Manager tO have the Chief of Police
inform his officers on beach duty of this, and that Mr. Luke Wilson be
directed to inform his lifeguards to watch for the same violations.
The motion was seconded by Mr. Croft and carried unanimously.
-6- 6-26-67
10.b. City Clerk Worthing presented Bills for Approval as follows:
General. Fund $85,323.12
Water Revenue Fund 5,000.00
Sewer Revenue Fund 21,000.00
Water Operating & Maintenance Fund 5,569.90
Sewer Operating & Maintenance Fund 20,701.91
Sewer Construction Trust Fund 43,767.52
The bills were unanimously orderea ~aid,.on motion by Mr. Croft
an~ seconded by Mr. Talbot.
The meeting adjourned at
.... R: D. WORTHING City Clerk
APPROVED ~
MAYOR
-7- 6-26-67
122-A
KESOLUTIONNO. 12-67.
A RESOLUTION OF THE CITY COUNCIL OF TH~
CITY OF DELRAY BEACH, FLORIDA, CONSENTING
TO THE ASSIGNMENT OF THE DELRAY BEACH. PUB~
LIC LIBRARY ASSOCIATION, INCORPORATED LEASE
AS COLI2%TERAL FOR A LOAN TO SAID ASSOCIATION.
WBEREAS, the Delray Beach Public Library ASSociation,
Incorporated is the leSSee under a certain lease ia which the City
of DelrayBeach, a municipal corporation in Palm Beach County,
Florida, is the lessor, which lease is dated April 19, 1948 which
has a rider thereto dated June 9, 1958 and a second rider dated
November 12, 1962, and which lease covers moSt of Lot 7, and
of Lots 8 and 9, Block 101, original Town of Linton, Delray Beach,
Florida, according to the plat thereof recorded in Plat Book I at
page 3 of the Public Records of Palm Beach County, Florida, on
which propertythe lessee has erected a library building, and
WHEREAS, the Delray BeachPubl~c Library Association,
InCorporated desires to enlarge said library building situated on
the leased premises, and
WHEREAs, the First National Bank of D~lray Beach and
the Delray Beach National Bank have agreedto lendto the Delray
Beach Public Library Association, Incorporated the sum of Sixty
Thousand ($60,000.00) Dollars if such loan can be adequately se-
cured by a collateral assignment of said lease, and
WBEREAS, the Delray Beach Public Library Association,
Incorporated has requested the City Council of the city of Delray
Beach to release certain of its rights under said lease in order
to induce the First National Bank of Delray Beach and the Delray
Beach National Bank to make such loan, and
WHEREAS, the City Council of the City of Delray BeaCh
is of the opinion that it is for the best interest of the City of
Delray Beach that it release certain of its rights under said lease
in order to induce said banks to make sUch loan,
NOW, THEREFORE, be it resolved by theCity Council of
the City of Delray Beach, a municipal corporation in Palm Beach
County, Florida that the said City of Delray Beach hereby consents
to the assignment of said lease by the DelrayBeaCh Public Library
AssociatiOn, Incorporated t° the First National Bank of Delray
Beach, Delray Beach, Florida, and/or the Delray Beach National Bank
of Delray Beach, Florida as collateral security for a loan of
$60,000.00 and the City of Delray Beach agrees that it will not
exercise any of its privileges to terminate said lease as long as
any portion of said loan remains unpaid.
Passed in regular session on this the 26th day of
June, 1967.
CITY OF DELRAY BEACH
By.~ /~S/. Al. C. Avery
MAYOR
ATTE ST:
/S/ R. D. Worthinq City Clerk
122-B
AND SECTIONS 15-~ and 15-4 OF THE CITY;cODE.
PROPERTY CITY
OWNE____~_R ADDRES .S DESC .R!PT.!.ON COD~_
l~ellie M. P.O. Box 1630 Lot 10 & North 25.3' 15-3
MacMillan '' DelraY Beach, Florida of ~.ot I1, BlOck 28. &
33444 15-4
Nellie M. P.O. Box 1630 South 49.4' of Lot il, 15-3
MacMillan Delray .Beach, .Florida .Block 28,
33444 15-4
3.
Nellie M. P.O. Box 1630 Lot 12, :Block 28. 15-3
MacMillan Delray Beach, Florida
33444 15-4
4.
O. D. Priest, Jr. 111 $. W. 4th street Lot 16, BlOck A, 15-3
· ~ Delray. Beach,. Plorida. Tourist Nook.
33444 . ~; 15-4
Violations 15-3 'and 15h4 as ~oncerns this report are as follows:
1. 15-3 -Broken llm_bs,' junk and trash.
15~4 - Weeds and undergrowth.
2. 15-3 - Broken limbs, jUnk and trash.
15-4 - Weeds and undergrowth.
3. 15-3 - Broken limbs and trash.
15-4 - Weeds and undergrowth.
4 15-3 - Loose trash.
15-4 - Weeds, underbrush and' palmettos.
Submitted to the City Council by the City Manager on this the
26th ~ay of June, 1967.
122-C
ORDINANCE NO. 17-67.
AN ORDZNANC~ OF ~ CZ~ ~CZL ~
~ CITY OF ~Y B~, F~,
~ZO~ ~ P~ClNG ~S 3 and 4,
B~K 53, ~SO LOTS 1, 2, 3 and 4,
~OCK 61, ~Y ~, ~RDA, IN
B~, F~A, 1960".
I~ IT ORDAINED BY THE CITY' COUNCZL OP T~ CITY
OF DELRAY B~ACH, FLORIDA:
$~CTZON 1. That the following described property
in the City of Delray Beach, Florida, is hereby rezoned,
and placed in the "C-2 General Commercial District" as
fined by Chapter 29 of the Code of ordinances of the City
of Delrsy Beach, Florida, to-wit:
Lots 3 and 4, Block 53, also Lots
1, 2, 3 and 4, Block: 61, Delray
Beach, Florida, according to Plat
Book l, Page 3. on file in the
office of the Clerk of the Circuit
court in and for Palm Beach County,
Florida.
SE~XON 2. That the Building Inspector of said
City shall upon the effective date of this OrdinanCe change
the Zoning Map of Delray Beach, Florida, to confom with
the provisions of Section 1 hereof.
PASSED in regula= session on the second and final
reading on this the 26th day of June , 1967.
/S/ Al. C. Avery
MAYOR
ATTEST~
/S/ R. D. Worthg~ng City Clerk
First Reading May_ 22, 1967
Second Reading .,. Ju~e ,2~.i,' ,1967
122-D
ORDXNA~C~ NO. 18'67.
AN ORDZNANCE OF THE CITY COUNCIL OP THE CITY OF DE~RAY
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 T~E BOUND-
ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PRO,
VIDING FOR THE ZONING THEREOF.
WHEREAS, W. C. WILLIAMS III iS the' fee simple owner of the prop-
erty hereinafter described, and
WHEREAS, W. C. WILLIAMS III, by his petition, has consented and
give- permission for _the annexation of Said property by the City of
Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been author-
ized to annex lands in accordance with Section 185.1 of the City Char-
ter of said City 9ranted to it by the State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCI~ 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 in Section 8, Township 46 South, Range
43 East, Palm Beach County, Florida, described as follows:
The SW% of SE% of NW~. of~ sW%j Section 8, Towflship 46 South,
Range 43 East LESS L. W. D. D. Canal right-of-way as now in
use, Palm Beach County, Florida.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include, therein the above de-
scribed tract of land,; and :said land 'is. hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA as defined by existing
ordinances of the City of Delray Beach, Florida.
SECTION 4. That the lands hereinabove described shall in~edi-
ately become subject to all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands
in the City of Delray Beach are now or may be, .and persons residing
thereon shall be deemed citizens of the City of Delray Beach.
SECTION 5. 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 re-
maining portion.
PASSED in regular session on the second and final reading on the
26th day of June , 1967.
/S/ Al. C. Avery
MAYOR
ATTE ST:
/S/ R. 'D. Worthing
City Clerk
First Reading ..,Jpne 1.2,..1.967 . . . Second Reading June 26, 1967
122-E
ORDINANC~ NO. lg-67.'
AN ORDINANC~ OF ~ CITY COU~L~ OF ~' C~ OF DE~Y
B~, FLOR~A, A~ TO T~'
CERTAIN ~"~ATED IN SECTION 8, TO'SHIP 46 SO~,
~NGE 43 EAST, ~I~ ~ IS CO~I~S ~ E~STIN~
M~CIP~ LI~TS ~OF SA~ CI~; ~DEF~ ~ ~-
A~ES OF ~ID. CI~ TO IN~E SAID ~; PRO~DING
FOR ~ RI~S A~ O~IGATIONS OF SAID ~; ~ PRO-
~DI~ FOR ~' ZO~ ~OF.
~S, JOSEPH G. ROSE, JR. iS ~e fee sidle o~er of the
property herei~fter described, and
~S, JOSEPH G. ROSE, ~, by his petition, has consen~ed and
given permission' for ~e annexation of said-pro~rty by ~e City of
Delray Beach, and
~A.S, the City of ~lray Beach ~'s' heretofore been au~or-
ized to annex lands in ac~rdance with ~ction 185~1 of the City Char-
ter of said City granted to it by ~e State of Flori~.;
~W, T~~, BE IT O~D 'BYT~ CITY CO~CIL OF T~ CITY
OF DEL~Y B~, ~RIDA, AS FOL~WS:
SE~XON I. That ~e City Co~cil' of '~e City' of ~lray Beach,
Palm ~ach ~unty, Florida, hereby a~exes .to said City ~e following
descried- tract o~ lan~' 'located ~n Palm"Beach ~tY, Florida, ~ich
lies c~nti~ous' to said[ Cit~, to-wit:
That tract 6f. land]~ in' s~Ction 8, -~ship 46 South, ~nge
43 East, Palm ~ach CO~ty, Florida,' descried as 'follows:
~e S%: of ~ of' S~ of ~t'3 less E 220 feet, Section 8,
TO~Sh'ip. 46 Sou~, ~nge 43 East,/ acc~rding to Plat ~ere-
of re~rded in Plat Book 1% Page 4 of the Public Re~rds
of Palm ~ach County, Florida.
SECTION 2% ~a~-~e bou~aries of ~e ~.City of ~lray ~ach,
Florida, are hereby re, fined so as to .include ~erein the a~ve de-
~ribed~ %~a~t~ of la~,' and said~ land is hereby declared to be wi~in
the dot,orate limits o~'the 'City of De'~a~
SECTION' ~, That ~e ~act of ~nd hereina~ve described is
hereby ~e~Clared"%° ~' 'In Zoning District R-1AA as defin~ 'by ~isting
Ofdi~nces of the City of ~lray'Beauh,' Florida.
SE~ION 4. ~at ~e. lands here~nabove descried shall i~edi-
ate!y bec~e s~'ject, t0. all of ~e fran~ises, privileges; i~unities,
debts", bbl'i~ations, 'li~bilit~es','ordlnances and laws ~. which ~ands
~ the City.of ~lray. ~a~ are now or ~y be, and persons residing
~ereo~ shall be de~ .citizens'~"of' the City.~f ~lray ~ach~.
~ION. ~. ~ ~at if'anY ~rd, phrase, ~ cIause, sentence or part
of ~i~. o~d'in~ shall ~ dec~ar~ illegal, by a court ~f ~mpetent
j~i~iction, such~ record of illegality 'shall in no ~y affect the re-
~ining portion.
PAS~D in regular session on ~e se~nd a~ final read~g on ~e
26th day of June , '~967.
' /S/ A~. C. ~very
A~EST: M A Y O R
/~/. R- D. Wor~hinq . .
City C~rk
First ~ading Ju~e.~2~ 19~7 ~co~ad~g
122-F
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 ORDINANCES OF THIS CITY BY
ADDING SUBSECTION (60) PERTAINING TO
A DEFINITION OF A CLUSTER DEVELOPMENT.
WHEREAS, the City Council is desirous of permitting
Cluster Developments as special exceptions in the R~3 multiple
family dwelling districts provided each such development would
be subject to approval in accordance with the regulations per-
taining to special exceptions; and
WHEREAS, such planned unit developments are a new
concept and not susceptible to exa'ct and all-inClusive defi-
nitions; and
WHEREAS, the City Council wishes to define the con-
cept in general terms until this concept passes through the
formative period:
NOWt THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA~ AS FOLLOWS:
Section 1. That Section 29-1, Chapter 29, Code of
Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended by adding Subsection (60) as follows:
"Sec. 29-1. Definitions
"i60) Cluster Development
"A group of dwelling units, single or multiple,
developed around or throughout an open space area, which area
is owned in common by all owners living within the'specific
area."
PASSED on second and final reading in regular session
on this 26th day of June . , 1967.
/S/ A1T C. Avery
· MAYOR
ATTEST:
/S~ R. D. Worthin~ City Clerk
First.reading June~12, 1967
Seco~d reading June 26, 1967
122-~
ORDINANCE NO. 21-67 .
AN ORDINANCE OF THE CITY OF DELRAY BKACH,
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 T~EREON.
W~EREAS, the City of Delray Beach, Florida, presently has a
comprehensive sign ordinance governing, restricting and limiting
the use of advertising signs in this community;-and
WHEREAS, it has been brought to the attention of the City
Council that certain persons, firms and corporations are attempting
to circumvent the intent of said sign ordinance by either attaching
signs to vehicles or painting same and parkingthem in conspicuous
places throughout the city in an attempt to frustrate the intent of
the present ordinance which restricts and limits the use of adver-
tising signs; and
W~REAS, the City Council deems such signs as a contravention
of the policy of the original sign ordinance which was promulgated
in the interest of the safety, health and welfare of the citizens
of this community as well as the protection of their property rights
by preserving the aesthetic values of the city as a whole;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 3 of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended by adding Section 3-27, to
read as follows:
"Sec. 3-27. Parking vehicles with advertising
signs attached to or painted thereon.
It shall be unlawful to park any automobile or other
vehicles with advertising signs attached thereto or
painted thereon upon any street or public way or place
within the city. This provision shall be applicable to
the entire territory of this community, and shall not
be limited in its. application to the public streets,
roads and highways within the corporate limits. Pro-
vided further that this provision shall not be con-
strued to apply to Commercial Vehicles when complying
with the Owner identification requirements of this
Code.
Any person, firm or corporation, who violates the
provisions of this section shall, upon conviction, be
punished as provided in Section 1-6 of this Code."
PASSED AND ADOPTED at a regularmeeting of the City Council'.of
the City of Delray Beach, Florida, on second reading this 26th day
of June , 1967.
/S/ Al. C. AverY
ATTEST: M A Y O R
/S/ R. D. Worthinq City Clerk
First 'Reading June 12, 1967 Second Reading ~une ~6, .1967
122-H
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 SECTIONS PERTAINING TO
RESTRICTIONS IMPOSED ON MOORING BOATS iN
PUBLIC AREAS.
WHEREAS, the City Council of the City of Delray Beach, Florida,
deems it in the best interests of the citizens of this community to
impose certain restrictions on mooring or docking boats at any pub-
lic park or facility or alongside any dedicated right-of-way adja-
cent to the intracoastal Waterway in the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1'~ That Sub-section 8-2, Chapter 8, Code of Ordinances
of the City of Delray Beach be, and the same is hereby repealed.
Section 2. That Chapter 8, Code of Ordinances of the City of
Delray Beach, be amended by adding certain Sections to read as
follows:
"Section 8-2. Moo~ing.boats - Restrictions imposed in certain designated areas.
No person, firm or corporation Sha11 hereafter tie
or moor any boat to any tree, poSt or other object for
a period in excess of twenty-four hours to any public
Park, facility or dedicated'=right-of'-way adjacent to the
Intracoastal Waterway in the City unless permission there-
for has previously been obtained from theCity Manager.
'Section 8-3. 'Refusal to remove - penalty.
Any person, firm or corporation who shall tie, moor
or dock any'suCh boat at any point in the Intracoastal
Waterway where such boats are prohibited without the
consent ofthe City'Manager 'as above provided Who shall
refuse tO remove Such'boat upon the order of the City
Manager, or his delegated authority, shall be guilty of
a violation of this section and, upon conviction, shall
be puhishe~ in accordance with Section 1-6, Code of
Ordinances of this City.
Section 8-4.~ Permits.- conditional.
Any permit so issued by the City Manager shall be
conditioned upon the basis that it may be revoked at
any time upon a~determination by him that the boat~'
interferes with the public use of said facilities 6r
that such mooring is~a public nuisance.
Section 8-5. Mooring boats - exception.
Nothing herein contained shall be construed as pro-
hibiting the parking or mooring 'of boats to public
docks leased to private interests."
PASSED AND ADOPTED ara regular meeting of the City Council of
the City of Delray Beach, F10rida, on second reading ~his 26th day
of June , 1967.
/S,/ Al. C.. Aye~7
ATTEST: M A Y 0 R
/S/ R. D. Worthin~
City Clerk
I'~ First~Reading June 12, 1967 Second Remding ~..ju~e 26. ]967