08-28-67 AUGUST 28, 1967.
A r~ular 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. Gatchel0 City At. tor~tey John Ross Adams.
and Councilmen J. LeRoy C~oft, James H. Jurney, LeRoy W. Merritt and
George Talbot, Jr., being present.
1. An opening prayer was del-ivere~ by the Rev. Byron S. Fruit.
2. The ~ledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular meeting of August 14th, 1967, were
unanimously approved0 on motion by Mr. Jurney and seconded by Mr.
Merrett.
4. Mayor Avery read a Proclamation supporting the BRING 'EM BACK
ALIVE program to make Florida the safest state in the nation over
this Labor Day holiday.
4. The Mayor read a Proclamation, sponsored by the CountY Extension
Home Economics Agent, and others, procla£ming PALM BEACH COUNTY BETTER
BREAKFAST MONTH SEPTEMBER I THROUGH 30, 1967.
4. Letters of August 23rd ~nd 28th, from Mr. Wylie c. saml0son, con-
cerning classes for the training of women in the use of firearms,
were presented to Council.
The .City Manager reported tha~ upon recommendation of the Chief
of Police.a safety course of ~nstruction for the ladies Of the' com-
munity is Being planned.
6.a. City Manager Gatchel reported that in compliance with require-
ments in Chapter 27 of the Code of Ordinances, Council should provide
for an additional appointment .to the Sewer Adjustment Advisory Board
due to the vacancy occurring thereon as a result of Mr. Charles D.
Jefferson's resignation from the Board as of July §th, 1967, and any
appointee shall be a resident and owner of ~mproved property in De. lray
Beach.
Mr. C. J. Manson was suggested for appointment to said Board,
but council was advised that' Mr. Manson is a member of the Board of
Adjustment and as a member of that Board can hold no other public
office or position under the City government.
It was agreed that this item be placed on the agenda of the next
regular Council meeting.
6.b. ' Concerning pro. posed a~justment Of charges affecting operation
of th~ C~ty's cemeteries, C~ty Manager Gatchel reported to Council
as follows ~
"In view of ~ncre&sed costs- for labor, materials and eguipment
necessary to provide proper maintenance, as well as required services
for conduct and operation of .all Delray Beach cemeteries, it is .recom-
mended that effective September 1, 196~, the.following charges .for
burial 'plots, as well as opening and closing, for interments, be
author£zedt
PRICE OF PLOTS DELRAY BEACH CEMETERY
$150.00 each 'For residents or non-residents having
relatives residing within the City.
$200.00 each For non-residents without residential
relatives.
$100.00 each For. residents or non-residents having
relatives residing within 'the City.
$150.00 each For non-residents without residential
relatives.
For all cemeteries within the City service charges therein
shall be --- for ~nterment $60.00 --- for disinterment $75.00."
Mr. Jurney moved that the Cemetery regulations be amended as
recommended by the City Manager, the motion being seconded by Mr.
Talbot and unanimously carried.
7.a. City Clerk Worthing informed Council that an application has
been received for permit to dispense beer and. wine, with consu~ption
on and off the premises, in conjunction with the operation of the
Esquire Restaurant, located at 53 S. W, 5th'Avenue~ further, the
applicant and owner of the business, Mr. Purley Legette, has been
investigated by the proper local and State Beverage Depart=nent agencies
and approved by them,, and such operation meets the requirements set
forth in Chapter 4 in the City's C~de of Ordinances.
Mr. Croft moved that the request be granted, the motion being
seconded by Mr. Talbot. Following discussion, and upon call of rollo
Mr. Croft, Mr. Jurney and Mayor Avery voted in favor of the motion~
Mr. Merritt was opposed and Mr. Tslbot abstained from voting.
7.b. The City Clerk informed Council of a petition having been
received requesting reclassification of several parcels of land lying
between State Road 806 {West Atlantic Avenue) and N. W. 1st Street,
fronting on the West side of N. W. 18th Avenue, and having a depth of
approximately 319 feet, fr~m C-3 (Wholesale Distribution and Light
Industrial District) to C-2 (General Commercial District), and it is
recommended that this petition be referred to the Plarhning and Zoning
Board for review and public hearing thereon. It was so moved by Mr.
Croft, seconded by Mr. Jurney and unanimously carried.
7;c. City Clerk Worthing informed Council of Dr. E, Monroe Father's
letter of resignation as Chairman and member of the City of Delray
BeaCh Tennis Committee, effective September 1, 1967, which marks the
anniversary of the thirtieth year that Dr. Father has been Chairman
of the Committee with the exception of two years spent with the
U. S. Army of Korea.
Mr. Talbot moved to accept the resignation of Dr. Father, with
regret, and that he be presented with a Certificate of Appreciation
for his continued interest and service to the City. The motion was
seconded by Mr. Croft and carried unanimously.
8.a. City Clerk Worthing presented RESOLUTION NO. 16-67, and informed
Council that in compliance with Charter requirements, a public hearing
has been scheduled to be held at this time for the purpose of hearing
objections, if any, to such prol~osed ~mprovement as was determined to
be made in the adoption of Resolution No. 15-67 at the last regular
Counc£1 meeting.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PROCEED WITH THE OPEN-
ING, GI~ADIN~ AND PAVING OF THAT PART OF
NORTHEAST SEVENTH COURT LYING BETWEEN SEV-
/ ENTH AND EIGHTH AVENUES A DISTANCE OF TWO
: HUNDRED THIRTY-FIVE (235) FEET.
(Copy of Resolution No. 16-67 is attached to the official copy
of these minutes.) See page 152-A.
-2- 8-28-67
147
There being no objection tO Resolution No. t5-67, ReSolution
No. 16-67 was unanimous~y passed on this first and f£nal read~g, on
motion by l~r. Jurney and seconded by Mr. Merritt.
S.b. The Cit~ Clerk presented REsOLuTION NO, 17-67.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF A DEDICATED
RIGHT-OF,WAY.
(Copy of Resolution No. 17-67 is .attached to the official copy
of these minutes.) See Page 152-B.
City Clerk Worthing reminded Council this item had been referred
to the Planning Board for review and recom~e~dation and read the
following report from that Board~
"On August 1§, 1967, the Planning and Zoning Board re-
- viewed the request by Mrs. C. Herr£ck Hanunond .asking for
the abandonment of 'Hammond Road', which consists of the
south 15.? feet of the Hammond property, approximately
215 feet south of Crestwood, running east and west with
the western terminus at Andrews Avenue.
The Board voted unanimously to recommend to the City
Council that the request be granted."
~' ~r~ T~ibot ~m0~ed tO susta£n th&.recOmmehdation' 0f~ the P~'anhing
BOard 'by' adopt£on 'of Resolution No. 17-67 on this first and final
reading. The motion was seconded ~by Mr. Jurney-and carried unanimously.
8,c. The City .Clerk presented .~-SOLUTION NO. 18-67.
DELRAY BEACH, FLORiDA~ ACCEPTINO poRTIONS OF AREA
NO. 21. OF SANITARY SEWER PROJECT .NO. 5964-8b AS
ERATIONAL AND SETTING THE EFFECTIVE DATE FOR' THE IN~
ITIAL SCHEDULE OF RATES, FEES AND OTHER CHAR~E$ TO
· 'BE IMPOSED FOR THE. SERVICES AND. FAC~L.I"~I~S FURNISHED
BY SAID PORTIONS OF AREA: NO. 21 OF THE sEWER SYSTEM.
(Copy of ~es~l~ution ~o.' lB-6'? ~; 'at~aChed' to 'the off icia~ copy , ·
of these'm~nUtes.) See page 152-C.
ResolutiOn No.' 18-67 Was.~ unanimously pas~ed and adopted on this
first and final reading, on mot£on by Mr. Talbot and seconded by Mr.
Merritt.
S.d. ¢i, ty.Clerk Worth~ng pre~ented RES~UTIO~ NO.
A ~SOLUTION O~ 'TH~ CiTY COUNCIL O~ TRE CITY O~
DELRAY. BEACH;: FLORIDA~ 'ASSESSING COSTS' FOR ABAT
· ·. 'ING~ NUISANCES UPON ~ CERTAIN LANDS. LOCATED WITHIN'
SAID.CITY~ SETTING OUT ACTUAL cOSTs INCURRED BY
SAID CITY TO ACCOMPLISH SUCH ABATEMENT, AND LEVY-'
ING THE COST OF SUCH ABATEMENT OF SAID NUISANCES,
AN.D. DECLARING SAID LEVY TO BE A LIEN UPON SAID
PROPERTY-IN AN 'A~0UNT AS' SHOWN 'BY REPORT OF THE
'CITY MANAGER OF DELRAY BEACH,..FLORiDA~.
(Copy of Reholu:tion No,' 19~a67 .~S .attached. to the official copy
of these minutes.)See page 152-E7F.
Reso[uti°n NO. 19~67 was unani~n°usly passed and adopted on this
f~rst and f~na! r.ead~ng,, on motion by Mr, Merritt and. seconded by
Mr. Croft. · .
S.s. concerning Resolution No. 20-67, City Clerk ~orthing reported
to Council as £ollowsj
"In compliance with Section 15A-41, Chapter 15 of the Code of
Ordinances, a public hearing has bean scheduled to be.held at this
time ~or effecttng a special assessment against Lots 25 and 26, Block
B, Cerve~ MemorLal Pa~k, located at 205 N. W. 15th Avenue, Delray
Beach, in the amount of $350.00. Thio amount oovers the' cost for
de~lition and removal of all ~mprovaments on said. Lots 25 and 26,
heretofore condemned by the Cityte enforcing official. All legal
procedures in connection with this action, as set forth in Chapter. 1SA
of the Code, have been met, the property o~ner's representative properly
notif£ed, and in liau of insufficient or no objections to this pro-
posed assessment being received, Council should authorize the levy
such special assessment by the adoption of Resoultion No. 20-67."
A RESOLUTION OF THE CITY COUNCIL OF THE.CITY
OF DELI~AY BEACH, FLORIDA, L~VYING COSTS FOR
DF24OLITION OF BUILDINGS UPON CERTAIN LANDS
LOCATED WITHIN SAID CITY~ SETTING :OUT ACTUAL
COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH DEMOLITION AND LEVYING THE COST FOR SUCH
DEMOLITION AS A SPECIAL ASSESSMENT, AND DE-
CLARING SAID SPECIAL ASSESSMENT TO BE A LIEN
UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY
REPORT OF THE BUILDING OFFICIAL OF DELRAY
BEACH, FLORIDA.
(CoW of Resolution No. 20-67 is attached to the officia~ copy
of these minutes.) See page 152-G.
There being no objection to the levy of such special assessment,
Resolution No. 20-67 was unanimously passed and adopted on this first
and final reading, on motion by Hr. Croft and seconded by Hr. Jurney.
8.f. The City Clerk presented RESOLUTION NO.. 21-67.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF A DEDICATED
ALLEY IN BLOCK 62.
~Cop~ of Resolution No. 21-67 is attached to the of:~icta~, copy
o~ these minutes.) See page
City Clerk Worthing read the following Planning Board r'apor~ con~
cerning said abandonment, and said that Council may deny th~s petition
or sustain the recommendation of the Planning and Zoning Board by the
adoption of Resolution No, 21-67 of the City of Delray Beach, SUBJECT
to the conditions as set forth in said Resolution~
'On August 15, 1967, the Planning and Zoning Board reviewed
the request of St, PaUl's Episcopal Church for abandonment
of the dedicated alley situated between Lots 4 through 8
on the. west, and Lots 12 through 16 on the east, in Block
62.
The Board voted unanimously to recommend to the City Counc:~!.
that th.e request be granted subject to St. Paul'S Church
paying for the moving of the sewer lines from the alley
right-of-way to the street. The church has been in com-
munication with Mr. Mark Fleming on this."
Mr. Talbot moved to sustain, the ~_"_~w~x~x~ Planning
Board's reconu~endation by the passage of Resolution No. 21-67 on this
first and final reading. The motion was seconded by Mr. Jurney a~d
cart ied unanimous ly.
-4- 8-28-67
149
8.g. The City Clerk presented OPJ2INAIqCE NO. 30-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY .BEACH, FLORIDA, ANNEXING CERTAIN
PROPERTIES LOCATED IN SECTION 29, TC~TNSHIP
46 SOUTH, RANGE 43 EAST, ALL OF WHICH ARE
LOCATED IN THE DELRAY BEACH RESERVE AREA.
Ordinance No. 30-67 was unanimously placed on first reading, on
motion by Mr. Talbot and seconded by Mr. Jurney.
8.h. City Clerk Worthing presented ORDINANCE NO. 31-67.
AN EI~ERGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DELI{AY BEACH,
FLORIDA, AMENDING SECTION 2-22, CHAPTER
2, CODE OF ORDINANCES OF THIS CITY PER-
TAINING TO THE OFFICE OF CITY PROSECUTOR.
(Copy of Ordinance No. 31-67 is attached to the official copy
of these minutes.) See page 152-D.
~mergency Ordinance No'. 31-67 was unanimously passed and adopted
on this first and final reading,-on motion bY Mr' Jurney and seconded
by Mr. Merritt.
9.a. C~ty Clerk Wo=thi~g read the" following Planning and Zoning Board's
request, dated. August 16th, 1967
"At the regular monthly' meetfng of the Planning and
Zoning Board held on AugUst 15, 1967,. the Board voted
unanimously, to recommend tO City COuncil to proceed
with publicity on the prOp6sed R/~-i and RM-2 Zoning
Districts again by means of a~ ma.p display at city Hall
showing the existing R-2 and R-3 Zoning Districts and
the propose'd changes.
In addition~, it is suggested that an explanatory
article be given to the printed media indicating that
the maps are on display, at City Hall, and that
the Planning and. Zoning BOard will meet with the public
for any further explanations on a certain date at the
Council Chambers.
The Board .requests that City C0uncil notify' the
Secretary of the Board when and where to post the
maps, and wl~a~ 'd~{~e they would like the newspaper
stories released<4
Poll0wing lengthy discussion, l~ir'~ Merritt moved to' accept the
report of the' Planning/Zoning Board and the City Manager be directed
to provide for carryin'~~ out the recommendation as submitted in the
best interest of the. C£tye The motion was seconded by Mr. Jurney and
carried unanimous, ly.
9.b. Concerning the 400 foot beach property~ .the following report
was submitted, having been requested at the A~gus~ 14th Council meeting:
"ANTICIPATED IMPROVEMENTS-AND ESTIMATED COSTS CONSIDERED
NECESSARY IN THE PREPARATION OP THE CITY'S 400 FEET .OF
BEACH. PROPERTY FOR PUBLIC USE~
Rough Clearing $1
Hand "~ 1,S00.
Parking Lot (100 Cars) 8,250.
REST ROOMS - C.B.S. Building 48~x15~x9
6,480 cu.ft. % .95
Plumbing Fixtures 2!000,.~~ $.. 8,156.
Sewer Connections 300.
Water and Sprinklers 1,000.
Landscaping 1,000.
Fence- 800 ft. ~ 2.00 {With GateS) 2,000.
Picnic' Tables 20 ~ 10.00 600.
Concrete Slabs 20 ~ 20.00 400.
Life~uard Stands 2 ~ 150.00 300.
Pavil ion 5,000.
Benches and Chairs 1,200.
Contingency 20~ ], 950. ~_.
$42,306.
IN ADDITION TO TH.E ABOVE -
Not having any definite improvements pre-
vioualy determined, COuncil attention is
called to the following possible needs:
· Revetment Wall - 400 ft~ $100,000.
'~ Lifeguar~s o - . per yr: 12,000.
Water & Sewer service 500.
Maintenance Personnel per Yr~ 5,000.
Building & Equipment Maint. ? "
DUring discussion, Mr. Talbot said that all he had in mind re-
garding preparing the beach for use was rough clearing of the property,
with a fence and proper size gate, and that he would pursue this matter
further with the City Manager.
9.c. City Clerk Worthing read tile Beautification Committee meeting
minutes of August 9, 1967.
9.x. City Clerk Worthing read the following report from the Park
Improvement Committee, dated August 28th:
"Having been instructed by the Council to investigate
two additional possibilities of alleviating the parking
problem at the adult recreation-compleX, I did,. on 15
June 1967 address a letter to Mr. Robert Vos offering
to exchange a dedicated alley, which divides his property,
for a strip of land along the eastern edge of the
property which could then be used for parking. On
5 July 1967 I received a letter from Mr~ Robert Vos
declining the trade but offering to sell the entire
parcel. (Selling price was not stated)
On 14 June 1967 I wrote to Mr. Charles S. Moore
(now deceased) inquiring if he would consider selling
his lot on the N. E. corner of N. E. ?th Avenue and
1st St. Receiving no reply to my letter I was finally
able to contact Mrs. Allan Vogt, his daughter, by
phone on 22 August 1967. I was informed that, tem-
porarily, the property was still in the estate but
she had no desire to sell at this time."
Mr. Merritt said this concludes the other p.arking possibilities
that have been discussed, which, in his opinion, 0nly leaves the
parking to remain as it is; to buy the property from Mr. Vos; or to
use one of the parking lot proposals submitted to council on March
!3th, 1967.
Mr. James Cassel, President of the Shuffleboard Club, said they
appreciate what the Parking Committee has done; however, he feels it
is time for the Council to act on some plan to give relief to the
parking situation. He suggested that the Council reconsider one of the
-6- 8-28-67
151
plans, the use of the old shuffleboard courtarea, submitted by the
City Adminstration, and instruct the City Manager to proceed with
those plans.
The City Manager was directed to assemble all the information
on this item, including drawings, cost data, etc.,-and that it be
presented to Council for consideration at the next regular meeting.
The CityManager said that in addition to the plans in existence,
he will instigate further consideration by the Administrative Traffic
and Parking committee and present any additional plans that may be
considered acceptable.
Mr. Talbot said that he sees the need for additional parking in
this area, but at the time the location of such. recreational facilities
were being~plann'ed, Council had been informed that parking would be
no problem on account of the central location, and there would be no
other change to the City Park other than the adult recreation center.
During discussion, Mr. Grover C. Baker, Jr., asked if the
parking facilities were adequate, including Lawn Bowling, when the
building permit was written for the Adult Recreation building?
10.x. City Clerk Worthing informed Council of receipt of a letter
dated July 17th, from Mr. Milton J. YeOman, Ad Sales Captain for
Construction in Sales of advertising in the annual Program for the
Delray Rocks (Kid's Football) asking for support for this good cause,
and quoting as follows fromsaid letter:.
"We need. S3',000 for uniforms andequipment for 60 kids for
the 97 and 117 pound'teems, which will represent Delray in
the Gotd Coast Football League.'
From a strictly business viewpoint, it's not a bad deal as
2,000 of these programs will be printed and read by
5,000 ardent supportersof Delray's little Football League
teems, and other teams, up and down the Gold Coast.
Full Page $100.00
Half Page 60.00
Quarter Page 35,00
Eighth Page 20.00
The City Manager explained that for several years the G°ld
Coast FoOtball League had'invited Delray Beach to become' amember of
said leagUe, and explained in detail how the Recreation Department,
headedby Mr. Alfred Elliott, and more specifically by Mr. Wm. Smith,
had assisted last year in the organization and training of a team that
participated in said Gold Coast Football League~ Further, it is now
their desire to have two teams, of different weight classifications,
and this BoOsters Club is attempting to raise funds tO outfit this
second team.
The City Managersaid the Recreational Department has supported
and endorsed this endeavor; but'have had nothing to offer but' its
services, from the standpoint of organizing and training, as is done
in other fields of recreation.
Mr. ~lliott. Recreational Director, informed Council there are
ten or eleven cities in this program, with Delray Beach participating
last year for the first time. Further, the raising of funds has been
quite a problem, with the Boosters Club doing all they can, and it is
his understanding that some of the cities participate actively in
supporting the teams.
The City Manager said he considers this similar to the Soap
Box Derby held in Boynton each year, in which the city participates,
The City Manager was requested tO investigatewhat.the other
Cities are doing in regard to participating in such an advertising
program, and repOrt to Council with recommendation as to what extent
of Delray Beach, by the Leukemia Society, Inc., Palm Beach County
Chapter, City Clerk Worthing read the following letter from the
Chamber of Commerce Solicitations Committee, dated August 25th~
"The Solicitations ,Committee has reviewed the application
of the Leukemia Society and found thet total receipts last year
were $38,514.30. Of this $7,917.87 went for direct cost of
the Ball. Of the net proceeds from the Ball only $10,015.09,
or 33%, went for research, patient service and public health
education, with the _balance expended for fund .raising,
administration and reserve fund.
The committee met with the Presid.e~t, the Executive
Secretary and the accountant of the Palm Beach Chapter.
These officers acknowledged that the costs were too high
and pledged to work to ~educe them this year. The accountant
has prepared an analysis of the Chapter expenses for last
year and reco~r~nended that the Board adopts budget which
will lead to a substantial reduction in costs.
The cor~mittee recommends that a permit be granted for
September 23rd through 30th, 19670 provided that the ad-
vertisement attached to this recommendation is published
in a local paper by September ?'th as a display ad at least
5~ by 8 inches. '
The Committee further recommends that the Palm Beach
Chapter of the Leukemia Society be advised that future
permits will depend On a very substantial reduction in
costs."
Mr. Croft moved that the recommendation of the Solicitations
COmmittee be approved, the motion being seconded by Mr. Jurney and
unanimous 1y Carried,
Mr. Merrltt, Council representative on the 'Solicitations com-
mittee, reported that said Committee ia attempting to have these
Charitable organizations operate on. a basis where at least 50 per
cent of their collections are used for the purpose collected. He
commended Mr. John Tallentire, Chairman of said SOlicitations Com-
mittee, for the very fine job he is doing and has done on this
committee.
lO.b. City Clerk Worthing presented Bills for Approval as follows:
General Fund $16I, 642.26
Water Revenue Fund 66,479.31
Water Operating & Maintenance Fund 5,734.36
Special Assessment Fund 175.00
Refundable Deposits Fund 1,444.80
Sinking Fund, Cigarette Tax Bonds, Series 196~ 24,452.50
Cigarette Tax Fund 16,250.00
Sewer Revenue Fund 70,000.00
Sewer Construction Trust Fund 30,286.87
M~. Merritt moved that the bills be paid, the motion being
seconded by Mr. Croft. Upon call of roll, Mr, Croft, Mr. Jurney, Mr.
Merritt and Mr. Talbot voted in favor of the motion and Mayor Avery
wes opposed, qualifying his vote in that he is an officer of a company
that has a bill in these Bills for Approval. .
The meeting adjourned at 9.'25 P.M.
R~ D..W.ORTHING_
City Clerk
MAYOR
-8- 8-28-67
152-A.
RESOLUTION NO. 16~67.
A R~SOLUTION OF .THE CITY' COUNCIL OF THE
CITY OF D~RAY .BEACH, FLORIDA, .AuTHoRIZING
THE CITY MANAGER TO PROCEED' WITH THE OPEN-
ING, .GRADING AND 'PAVING OF THAT PART OF
NORTHEAST SEVENTH CO~/RT LYING BETWEEN SEV-
F/~TH AND EIGHTH AVENUES A DISTANCE OF TWO
' HUNDRED THIRTY-FiVE (235) FEET.
'WHEREAS, the City Council of the City of Delray
Beach, Florida, did on the 14th day of AUgust~ 1967, by
Resolution No. 15-67, determin~ to proceed with the open-
ing, grading, and paving~Of that part of Northeast Seventh
Court lying between Seventh and Eighth Avenues a distance
of two hundred thirty-five (235) feet to a width of twenty-
four (24) feet.
WHEREAS, the Resolution providing therefor has
been duly published as required by the City Charter, to-
gether with a notice that objections to said improvement
would be heard, and ~
WHEREAS, no sufficient objections have been made
to such proposed improvement.
NOW~ THEREFORE, BE IT RESOLVED by the City Coun-
cil of the City. of DelraY Beach, Florida, that'the City
Manager be and he is hereby inS..trUcted to proceed with the
opening, grading and paving of that part of Northeast Sev-
enth Court lying between SeVenth and Eighth Avenues a dis-
tance of two hundred thirty-five (235) feet to a width of
twenty-four (24) feet according to the plans and specifi-
cations heretofore filed with the City Clerk, and a copy
thereof filed in the office of the City Manager and kept
open for the inspection of the Public.
PASSED in regutar session on this the 28th day
of August, 1967.
/S/ Al. C. Avery
MAYOR
ATTEST:
/Sif R. D. Worth~? City Clerk
RESOLUTION ~O. 17-67.
A RF_~ON OF TH~ C~TY COUNCIL OF
CITY O~ D~Y B~ ~0R~DA, VATTING
~ ~DONING A ~RTI~ 0F A DEDI~TED
RI~-OP-WAY.
~, C. H~r~ck H~ond, joined by h~s w~fe,
L~ K. H~ond, the ~ers of "~ 'P~PER~", per
Plat Book 24, Page 248, ~blic R~ords of Palm Beach Councy,
Florida, have made application ~ the City ~cil of Delray
Beach to vacate "H~ond Road" as appears on said Plat of
"H~Ond Pro~rty".
~, said dedicated =~ght~f-way (alley) has
never been opened or used ~
iS de.ed not needed by said
N~, ~0~, BE ~T ~S~VED BY ~ CI~ C~C~
OF ~ CITY OF D~Y B~CH,
Tha~ pursuant to Section Seven (7), Paragraph
Three (3) of the ~arter for the City of Delray Beach.
Plorida, it is hereby dete~ined ~o vacate and abandon any
title and interest in and to ~he following described prop-
er~y~
That parcel of dedicated right-of-way
Section 9, ~ship 46 South, R~ge 43
Bast, ~o~ as ~OND RO~. appearing on
plat of "H~ond Property", per Plat Book
24, Page 248, in ~he ~blic Records of
Palm .Beach County, Florida.
PASS~ ~ ~OPT~ in re~lar session on this
~he 28th day of Au~st, 1967.'
,/,S/, Al,. C.,Av~ery
MAYOR
ATTEST ~
/S/ ~- D,-. worthing
City Clerk
RESOLUTION NO. 18-67.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING PORTIONS OF AREA
NO. 21 OF SANITARY SEWER PROJECT NO. 5964-8b AS OP-
ERATIONAL AND SETTING THE EFFECTIV~ DATE FOR THE IN-
ITIAL SCHEDULE OF .RATES, FEES AND OTHER CHARGES TO
BE IMPOSED FOR'THE SERVICES 'AND FACILITIES FURNISHED
BY SAID PORTIONS OF AREA NO. 21 OF THE .SEWER SYSTEM.
WHEREAS, the City entered into a contract for engineering services
with Russell & Axon, Consulting Engineers, on the 30th day of Septem-
ber, 1959, and
WHEREAS, pursuant to said contract, Russell & AXon designe~ an ocean
outfall sewer system together with lift Stations and other sanitary
sewer improvements, hereinafter referred to as Project No. 5964-8b, and
WHEREAS, Russell & AXon was hired to .perform consulting and resident
inspection services for Area No. 12 and Extensions of Sewage Works
Project NO. 5964-8b, and
WHEREAS, it is deemed to be in the best interest of the affected
properties that the initial schedule of rates, fees and other charges
to be imposed for the services and facilities furnishe~ by the sewer
system, as set forth and contained in Resolution No. 1359 and Ordi-
nance NO. G-553, are to become effective the first day of October,
1967, and
WHEREAS, Russell & Axon has recently certified, as operational, the
following described portions of Area No. 21 of Sewage Works Project
No. 5964-8b:
South Swinton Avenue Between 6th and 9th Streets - Lat. 21-A;
S. W. 8th Court between Swinton and 4th Avenues - Lat. 21-A-1~
S. W. 8th Street between Swinton and 4th Avenues - Lat. 21-A-2~
S. W. 7th Street between Swinton and 4th Avenues - Lat. 21-A-3~
S. W. 6th Street between Swinton and 2nd Avenues - Lat. 21-A-4;
Sunset Avenue for a distance of 400 feet south-
ward from S. W. 10th Street Lat. 21-D.
NOW, THEREFORE, BE IT RESOLVED BY THE CITy COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That the portions of Area 21 within the Sanitary Sewer System
heretofore designated Project No. 5964-8b, which portions are specif-
ically identified hereinabove, are hereby accepted by the City as be-
ing operational, and the initial schedule of rates, fees and other
charges previously established, and applicable thereto, shall become
effective October 1, 1967.
2. That nothing herein contained shall be construed as discharging
the contractors from the strict performance of their remaining con-
tractural duties. That each of the contractors, and their bonding
companies, remain responsible in all respects until released in ac-
cordance with their agreements with the City.
PASSED and ADOPTED this 28th day of August, 1967.
./.S~.A1. C. Av.e....ry
ATTEST: M A Y O R
· 152-D
ORDINANCE ~O. 31-'67.
AN ~.MERGENCY ORDINANC~ OF ~P~. CITY
COUNCIL OF T~E CITY OF 'DELRA'Y BEACH,
FLORIDA, AMeNDiNG SECTION 2-22, CHAPTER
2, CODE OF ORDZNANCES~ OF- THIS CITY PER-
TAINING TO THE OFFICE OF CITY PROSECUTOR.
W~REAS, on the 12th day of November, 1963, the
City C°uncil adopted an Ordinance No. G-516, creating the
office of .City Prosecutor; and
WHEREAS, it is deemed necessary to amend this
ordinance on an emergency basis for the daily operation of
the Finance Department:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 2-22, Chapter 2 of the Code of Ordinances
is hereby amended to read as follow.s:
"The City Prosecutor shall be paid compensation
in the amount of $3,600.00 per year, and the
Assistant City Prosecutors shall.-receive compen-
sation at the rate of $20.00 per Municipal Court
session which .they are designated to attend. The
aforesaid compensation shall be paid from the
General Fund which sha~l be reimbursed by the im-
position of court costs in an amount of $10.00
which shall be levied by the Municipal Judge
gainst each convicted defendant in addition to
any fine which might be imposed."
PASSED and ADOPTED this 28th day of August, 1967,
~o be effective October 1, 1967.
CITY OF DELRAY BEACH
/S/ Al. C. Avery
~ .. MAYOR
ATYEST:
/S/R. D.W.O,,rthi.nq .
Citer Clerk
RESOLUTION NO. 19-67. l~2-E
A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE-
PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach, did, in
~equ!ar /l~/~Fl(lf!!l$~llsession held on the , st~ d~y of M~y, 1967
declare the existence of a nui-
~nc® ~'on Certain lots or parcels of land, described in a list sub-
mitted to them, for violation of the provisions of Ordinance G-147;
WHEREAS, pursuant to such declaration, the City Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice describing the nature of the nuisance and
that they must abate said nuisance within thirty (30) days, failing
in which the City Council would have it done, and the cost thereof
would be levied as an assessment against said property~ and
WHEREAS, the owners hereinafter named did fail and neglect to
abate th® nuisance existing upon their respective lands within the
time prescribed in said notice and Ordinance G-147, and the City of
Delray Beach was required to and did enter upon the following lands
and incur costs in abating the nuisance existing thereon as described
in the aforesaid list~ and
WHEREAS, the City Manager of the City of Delray Beach, has, pur-
suant to said Ordinance G-ld7 and the City Charter submitted to the
City Councll a report of the costs incurred in abating the nuisance
as aforesaid, said report indicating the costsper parcel of land
involved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That assessments in the individual amounts as shown by the
report .of the City Manager of the City of Delray Beach, involving the
City's cost of abating the aforesaid nuisances upon. the lots or par-
cels of land described in said report, a copy of which is attached
hereto and made a part hereof, are levied against the parcels of land
described on saidreport and in the amounts indicated thereon. Said
assessments sO levied shall be a lien upon the respective lots and
parcels of land.described in said report, of the same nature and to
the same extent as the lien for general city taxes and shall be col-
lectible in the same manner and with 'the same penalties and under the
same provisions as to sale and foreclosure as city taxes are collect-
ible.
2. That the City Clerk ~f said City shall, as soon as possible
after the effective date, record a certified copy of this resolution
in the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, and shall furnish to each of the owners named in and
upon said report a notice that the City Council of the City of Delray
Beach, did, on the ...... 8th of May, 1967
order the abatement of a certain nuisance existing on their described
property and prg~erty owner having failed to abate such nuisance,
within the ,~O day period, whereupon it was abated by the City at costs
shown in said report and such assessments shall be legal, valid and
binding obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 days from the
date of adoption, and the assessments contained herein Shall become
due and payable thirty days after the mailing date of the notice of
said assessment, after which interest shall accrue at the rate of 6%
per annum on any unpaid portion t~kereof.
PASSED AND ADOI~TED in regular session o~ the ,~h ~ay of
152-P
COST OF ABATING NUISANCES UNDER ORDINANCE NO. G-147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
May 8~ 1967 list.
Ocean Beach Lot 9. William B. Ferrell $45.00
Lots 23 & 24, Block 104. John ~H~ & Caroline Beury $38.00
152-G
~,,~SO~UTION NO. 20-67.
A RESOLUTION 9F Tm CITY COUNCIL OF ~ CITY
OF DEL~Y ~, F~RID~, ~NG COSTS FOR
COSTS. IN~ BY ~ CITY ~,,ACC~LISH
8U~ D~OLITION ~ ~ T~ COST FOR
D~LITION AS A SPE~ A~~, A~
~ING SA~ S~C~ AS~S~ TO ~ A L~N
~AS, the Building Official of ~e City of ~lray
Beach, did, on the 23rd day of ,, Jan,uaTy 19 67 ,,~,
mail notice of unsafe Struct~e listing the 'violations of the pro-
visions of ~apter 15A of ~e ~de of Ordinances, Housing
ards, to: Church of God of ~rophecy of Palm Beach .... concerning
per Plat Book 20, Page
Lots 25 & 26, Block B, CarVer MemOrial Park, 56, P~lic Records of
' ~ (~ga '~P~ .....
<- [ 4e&~ °n' of property)palm Be~c~' County, Florida
located at 205 ,N~ ,W. 15~h Avenue, De~ray Beach, Florida _; and (street ad.ess)
~AS, ~e o~er hereina~ve ~m~ did fail and neglect
to comply with the notiUe, an4 ~e City did provide for correction
of said determined violation at a total cost of $350.00 ; and
~AS, the o~er hereinabove named did fail to pay ~e
cost of ~ 350.00 to the City of ~[ray-~ach within ~e s~ci-
fie4 time','"ana a ~lic ~aring was provide4 in compliance with the
r&gulations set forth in s~paragraph (c), Section 15A-41 of ~e
Code of Ordinances.
~W, ~E~FO~, BE IT ~SOL~D BY T~ CITY CO~CIL OF T~
CITY OF DE~Y B~, FLO~DA, AS FO~OWS:
1. ~at an assess~nt in the amount as sho~ by the
port of ~e Bui[ding Official of ~e City of Delray Beach, involving
the City's cost of abatement of said nui~ce having been determined
by the B~ilding Official, to exist on the land hereinabove described,
is levied as a special assessment against said described land. Said
assessment so levied shall be. a lien ~pon ~e lan4 described herein,
of the same nature and to the same extent as the lien for general
city taxes and shall be collect~le in t~ same maker and wi~ the
sm~ ~nalties a~ ~e= ~ same p~visions as to sale a~ foreclo.
s~e as city taxes are collectible, and shall bec~e effective im-
mediately u~on ~e adoption of this resolution an4 shall bear inter-
est thereafter at the rate of six per cent (6%) per a~. The
o~er may pay the a~t of such lien, including interest, in ~irty
(30} equal, consecutive, monthly ins~llments, co~encing o~ ~e
first day of ~e month fol[~ing ~e adoption'of ~his resolution.
2. ~at a copy of ~is resotm~ion shall be served on the
o~er of the above descried property bY ~ertified mail wi~in ten
(10) days of the date of its adoption, a~ a copy of this resolution
shall be pubZishe4 once each ~ek for fo~ consecutive weeks in a
newspa~r of ge~era[ circulation within ~e: City.
PASS~ a~4 ~P~D in re~lar session on the 28 day
of August , 19 67 .
""~ .... /S/ Al. C. Ave~
.152-!~
RESoLutION NO. 21-67.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELPJ%Y BEACH, FLORIDA, VACATING '
AND ABANDONING A PORTION OF A D~D~CAT~D
ALLEY IN BLOCK 62.
W~EREAS, St. Paul's:Episcopal Church of Delray Beach has made
application to the City Council of Delray BeaCh to vacate a portion
of the North-South Alley in Block 62, as appears in Plat Book 1,
Page 3, Public Records of ~almBeach County, Florida; and
~S, the dedicated alley right-of-way, throughout said
Block 62, has never been opened.nor used by the City of Delray
Beach, and is deemed not needed by said City;
NOW, TI~EREFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF T~
CITY OF DELRAY BEACH, FLORIDA:
That pursuant to Section Seven ~(7), Paragraph Three (3) of
the Charter for the City of Delray Beach, Florida, it is hereby
determined to vacate and abandon any title and interest in and to
the property described below, SUBJECT to St. Paul's Episcopal Church
of Delray Beach granting to the City of Delray Beach a perpetual
easement for the installation of Sewer collection system pipelines,
with full and free right, liberty and authority'to enter upon and
to install, operate and maintain such utilities in, upon and through
the North ten (10) feet of Lot 12, Block 62, CITY OF DELRAY BEACH,
per Plat Book 1, Page .3, Public Records of Palm Beach County, Florida,
and further subject to said. St. Paul's Episcopal Church of Delray
Beach bearing the total cost for re-locating the Sewer Collection
System pipelines from said portion of the Alley, described below, to
the public right-of-way adjoining said Block 62.
That portion of the North-South Alley
in Block. 62 lying .between Lots 4 thru
8 and Lots 12 thru 16, as shown on plat
thereof, in Plat Book 1, Page 3, of the
Public Records of Palm Beach County,
Florida.
PASSED and ADOPTED in regular session on this the 28th day
of August, 1967.
. ./S/ Al. C. Avery .....
MAYOR
ATTE ST:
/S/ R. D. Worthin~ ......... ~ City Clerk