11-27-67 207
NOVEMBER 27, 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 ~avid M. Gatchel, City Attorney John Ross Adams, and Coun-
cilmen J. LeRqy Croft, James H. Jurney, LeRoy W. Merritt and George
Talbot, Jr., being present.
1. A~ opening prayer was delivered by th~ Rev. Marvin Sweat, Jr.
~. The Pledg~ of Allegiance to the Flag of the United States of
A~erica was given. -
3. The minutes of the regular Council meeting of November 13th and
special Council meetings of November 17th and 22nd, 1967, were unani-
mously approve, on motion by Mr. Merritt and seconded by Mr. Jurney.
4. Mayor Avery said there was an item attached to the Agenda that he
noted with interest, and continued as follows= "A report of the City
Engineer, Mr. Mark Fleming, to the City Manager, and also a letter to
Mr. Fleming from Mr. Walter Dietz. I think, only in fairness, since
the charges and attacks ware made at the Council meeting and were in
the minutes of September 9th, 1963, that in the interest of confidence
of the City Manager and his staff, and in fairness, that these two
letters will Re read, and I would like to request the City Clerk to
read into the~inutes of this meeting these tM letters. Mr. Fleming's
report first, which refers to the letter, and then the other letter."
City Clerk Worthing then read the following Memorandum to the City
Manager, from City Engineer M. C. Fleming, dated November 21, 1967~ and
the followingiletter from Mr. Walter Dietz to Mr. Mark Fleming, dated
November 16th; 1967=
"Subject: Council Minutes of September 9, 1963 - Retraction of
Charges.
The minutes of the regular Council Meeting of September 9,
1963 contain a prepared statement by the Mayor, Mr. Walter Dietz,
in which certain very damaging charges are made against me as
City Engineer.
These charges include an untrue claim that the City Engineer
was not in~attendance at several important meetings. Also, by
quoting ou{ of Context, statements from the unapproved minutes
of a long previous Council *workshop* meeting, which statements
had been superseded by Council action in later regular meetings,
Mr. Dietz stated and attempted to prove that the City Engineer
had been grossly negligent in his assigned duty, and was mainly
responsible for the installation, by a sewer contractor, of a
number of concrete manholes prior to Council approval of a Change
Order permitting them to be substantiated for brick manholes.
On September 16, 1963, Mr. Dietz paid for an advertisement
coveringa~half page of the Sun-Sentinel, in which his prepared
statement~efore Council w~ printed in large type as a c~uote
from the Councilminutes, ~th certain additions.
Although the City Manager, Mr. Bob Holland, publicly stated
that the City Engineer wes in no way at fault, no official denial
of Mr. Dietz' charges was made before Council, or in ~ny of the
Council minutes, inasmuch as others of the Council felt that the
matter had received too much publicity, and was better deferred
until such time as Mr. Dietz no longer held public office.
After Mr. D~otz* term of office had expired and he was defeated
in his attempt to be reelected, I sought redress in court.
As a result of the settlement, out of court, of this action, I
am attaching hereto a copy of a letter from Mr. Dietz, dated No-
vember 16, 1967, ~ully retracting and apologizing for all of his
statements'and accusations. This letter is being referred to you,
as my imme~iate superior, in the hope that it may serve to clear
my name an~ professional reputation which were both severely
damaged by Mr. Di~tz." 11-27-67
"On November 21, 1963, at a meeting of the Republican Men's
Club Forum, at the First Federal Savings & Loan ASsociation
Auditorium, at Delray Beach, Florida, I made a speech in con-
nection with my campaign for re-election topublic .office in
the City of Delray Beach. In this speech I made certain re-
marks concerning you. I herebywish to retract fully all of
such remarks which I made concerning you.
In the Monday morning, September 16, 1963, issueof the
'Sun-Sentinel~, a newspaper published in Pompano Beach, Florida,
but with a circulation serving other adjoining cities, including
Delray Beach, Florida, there appeared a newspaper advertisement
placed therein by myself, and such advertisement contained cer-
tain remarks by me concerning you-. I hereby retract all of such
remarks.
In connection with both the remarks made by me at the
ca1 club meeting as well as the statements by me concerning you
in the newspaper advertisement, I apologize to you for any
convenience, embarrassment or suffering whicheaid remarks may
have caused to you and trust that I have made ample restitution
to you for any damages you suffered."
~myor Avery commented~ "All of the newspapersgaye much publicity
to these attacks when they came out. Many of you Gentlemen here were
not on the Council, some of you were. I have copies of both of these
letters which I want each member of the Press to take with the earnest
request that you ~i1~ have your. papers give as much publicity to the
retraction as theF did to the charges."
5. Mr. Jurney ~aid he would like to remind any, and ai1 persons who
have lived within the City of Delray Beach for the past six months and
the State for one year, who are not registered to vote in the December
5th General Election, that the City Registration Books are now open at
the City Hall and.will remain open until 5=00 P.M., Wednesday, November
29th.
5. Mr. Jurney reported that Mr. Jefferson of the Jefferson Apartments
on N. E. 8th Avenue had called him recently about th~ debris and weeds
on the property adjoining him to thc South. Further, ~hat said proper-
ty had been on a survey of parcels of land in violation of the City
nuisance laws recently, and asked the status of that item.
City ClerkWorthing reported that a Purchase order for the elimina-
tion of the nuisance on that proparty Would be issued to the low quali-
fied bidder tomorrow.
5. Mr. Merritt suggested that the City Manager make up a Press Release
concerning the new Water Filtration Plant which it is hoped will be a
reality sometime at the end of this Fiscal Year, and release the facts
and figures as to whyit ~sn't already underway and why something hasn't
already been done, incorporating the findings of the Fiscal Agents,
which Press.'Release ma~.'alleviate someof the questions of the public.
6.a. Concerning a survey of parcels of land in violation of the City's
~uisance laws presented by the City Manager, Mr. Croft moved that the
City Clerk be authorized to proceed with the enforcement of Chapter 15
of the Code of Ordinances, the motion being seconded by Mr. Talbot,
and unanimously carried. (copy'of survey is attached to the official copy
of these m[nutes~) See page 214-B.
Mr. Merritt asked the status of the nuisance abatement at the Gulf
Service Station on West Atlantic Avenue at S. W. 5th Avenue,
City Manager Oatchel reported that this matter had been .pursued
through the ordinances coverin~ junk cars and places of automotive
repatr~ further~ the Police, ~re and Building Departments have all
been working on this item and it is in theprocess of being cleaned up.
-2- 11-27-67
20.9
6.b. Mayor Avery issued the following Election Proclamation:
WHEREAS, the Charter of the City of Delray Beach, Florida, provides
for a General Election forths purpose of electing two City ~ouncil-
men, and a Mayor.
WHEREAS, in pursuance of said charter provisions it is.provided
that such General Election shall be held on Tuesday, December 5th,
1967.
NOW, THEREFORE, I, AL. C. AVERy, Mayor of the City of Delray
Beach, Florida, do hereby call for such General Election to be
held on Tuesday, December 5th, 1967, between the hours of 7:00
A.M., and 7:00 P.M., the Polling Place to be located at the Com-
munity Center, 50 N. W. 1at Avenue, in the City of Delray Beach,
Florida.
All qualified electors of the City of Delray Beach, Florida,
shall be qualified to vote in such election.
Dated at Delray Beach, Florida, on this 27th day of November,
A.D., 1967.
6.c. City Manager Gatchel presented the following letter to Mayor
Avery, from g. D. Hill, President of the Safety Council of Palm Beach
County, Inc., dated November 17, 1967:
"The Safety Council of Palm Beach County, Inc. is now ready for
business, but needs your help to make it so.
Based on practices of other successful Citizens Safety Councils
throughout the State of Florida, we are asking each municipality to
assist in the financing of the operations of the Council based on
five cents per populace. This annual request will total $800 from
the City of Delray Beach.
We now have a total of six Founder Members who have contributed
$500 or more each, including Bankers Life & Casualty Insurance Co.,
Florida Power & Light Company, Radio Corporation of America,
Hardrives of Delray Beach, ITT Semi-Conductors, and John Grant
Consulting Engineers of Boca Raton, plus temporary office space
donated by the American Red Cross. These contributions will en-
able US to set up office. Operating funds will be derived from
private citizens, organizations and industry through annual mem-
bership. Approximately one-third must come from governmental
assistance.
We are confident you will wish to help us in makingaccident
prevention a way of life in our communities. Our operating budg-
et calls for $35,000. One-half of this amount must be raised by
January 1, 1968; therefore, an early answer will be greatly ap-
preciated.
Should you have any questions, please call me - West Palm Beach
833-1681, collect."
Mayor Avery said he understands that some of the Councilmen would
like to have more information regarding said Safety Council before any
action is taken, and with Council consent, Ma~or Avery directed the
City Manager to contact the addressee of saidletter andobtain the de-
sired information regarding budget, purposes, and all data concerning
same; further, if any CounciIman would like any other specific informa-
tion he could so inform the City Manager.
Mr. Merrier said he would ~ike to see a copy of the incorporation
papers and a copy of the proposed budget, as well as the purposes of
the Safety Council.
Mayor Avery directed the City Manager to obtain the desired informa-
tion and place the item on the Agenda of a future Council meeting.
6.d. City Manager Gatchel informed Council that bids had been opened
at 10:00 A.M., Friday, November 24th, for Dump Body Equipment, and con-
tinued: "We sent you copies of the specifications. .weonlyhad two
bids come in, this being quite specialized work on building these
bodies for these trucks for our trash department. I would like to
point out before reading these bids that the specifications requested
-3- 11-27-67
2tO
an alternate bid, as you saw in the specifications. It was for the
purpose of seeing if wa could afford the =eplacement of wood sides on
the one body that we are keeping and transferring to the new truck."
The City Manager reported the bids as follows;
Service Equipment Company of West Palm Beach.
Total bid including the alternate. - ..... $2,040.00
Turner Truck Equipment of Miami.
Total bid including the alternate. $2,576.00
The City Manager continued: "The budget which you Gent.lemen passed
in September provided a sum of $8,250. for the two new trucks and
bodies complete. You have already awarded the bid for the truck chas-
sis in the amount of $5,879.60~ therefore, this alternate bid for the
bodies, the low bid of $2,040. makes the total expenditure $7,919.60
which is well within the budget provision. Therefore, we would like
to recommend to you the awarding of the low alternate bid by the Serv-
ice Equipment Company of West Palm Beach."
The recommendation of the City ~mnager was unanimously approved, on
motion by Mr. 'Croft and seconded by Mr. Talbot.
8.a. City Clerk Worthing presented P~ESOLUTION NO. 27-67.
A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF D~.LRAY
BEACH, FLORIDA, CHANGING THE NAME OF SOUTHWEST 20th
AVENUE, LYING WITHIN THE CORPORATE LIMITS OF TH~ CITY
OF DELRAY BEACH, TO CONGRESS AVENUE.
(Copy of Resolution No. 27-67 is attached to the official copy of these
minutes. ) See page 214-A.
Resolution No. 27-67 was unanimously passed on this first and final
reading, on motion by Mr. Talbot and seconded by Mr. Merritt.
8.b. The City Clerk presented ORDINANCE NO. 34-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING TH~ SOUTH 100 FEET
OF NORTH 1395 FEET OF GOVeRNMeNT LOT i LYING EAST OF
OCEA~ BOULEVARD, S~ION 21, TOWNSHIP 46 SOUTH, RANGE
43 EAST, DELRAY BEACH, FLORIDA, IN "R-1AA SINGLE FAMILY
DWELLING DISTRICT", AND AMENDING "ZONING ~AP OF DELRAY
BEACH, FLORIDA, 1960".
(Copy of Ordinance No. 34-67 is attached to the official copy of these
minutes. ) See page 214-c.
There being no objection to Ordinance No. 34-67, said Ordinance was
unanimously passed an~ adopted on this second and final reading, on
motion by Mr. Jurney and seconded by Mr. Croft.
8.c. The City Clerk presented ORDINANCE NO. 35-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, RESONING AND PLACING THE SOUTH 14.1
FEET OF LOT 11, ALL OF LOTS 12, 13 & 14, AND ALL OF
THE SOUTH 100 FEET OF LOTS 15, 16, 17, 18, 19, 20, 21
& 22,ASBURY PARK HEIGHTS, DELRAY BEACH, FLORIDA, IN
"R-3 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1960".
(Copy of Ordinance No. 35-67 is attached to the official copy of these
minutes. ) See page 214-D.
There being no objection to Ordinance No. 35-67, said Ordinance was
unanimously passed and adopted on this second and final reading, on
motion by Mr. Talbot and seconded by Mr. Jurney.
11-27-67
211
8.d. City Clerk Worthing presented ORDINANCE NO.' 37-67.
AN ORDINANCE OF TBE CITY COUNCIL OF'THE CITY OF
DELRAY BEACH, FLORIDA~ R~PEALING SECTIONS 18-31
THROUGH 18-38, CRAlW~ER 18 ARTICLE III (CHARITABLE
SOLICITATIONS) AND 'AMENDING AND RE-ENACTING NEW
SECTIONS' 18-31 THROUGH 18-45 REGULATING SOLICITATION
FOR CHARITABLE AND OTHER SIMILAR PURPOSES AND PRO-
VIDIN~ A PENALTY FOR ANY VIOLATIONS THEREOF.
(Copy of Ordinance N~. 37-67 is attached to the official copy of these
minutes. } See pages ~14-E-L.
There being no objection to Ordinance NO. '37-67~ said Ordinance was
unanimously passed and adopted on this second and final reading, on
motion by Mr. Merritt and seconded'by Mr. Croft.
8.e. The City Clerk presented ORDINANCE NO. 38-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL~AY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH,
A CERTAIN PORTION OF RIGHT~OF-WAY, ADJACENT TO THE COR-
PORATE LIMITS OF THIS CITY, AND KNOWN AS CONGRESS A~ENUE.
OrdinanCe No. 38-67 was. unanim°usly placed on first reading, on
motion by Mr. Jurney and seconded by Mr. Talbot.
9.a. City Clerk Worthing read the following Planning and Zoning Board
~eport, dated November 22nd, regaling a request for Conditional Use
referred to that Board by the Council on October 30th, and said that
Council may deny the request or sustain~ the recommendations of the
Planning and Zoning Board:
"At a regular meeting of the Planning and Zoning Board held
at 4:00 P.M., November 21st, 1967, in the City Council Chamber,
the Board voted unanimously to recommend to City Council the
approval of the request for Condit!on~l Use to conduct a Day
Nursery on the following described property:
Lots !3 and 14, Block Il, Del-Ida' Park, located
at 219 Dixie Boulevard, Delray Beach, Florida,
subject to the following condition=
The Day Nursery shall be limited to not more than five
children, excluding the immediate family of the peti-
' tioners, Henry Calvin and Phyllis Joyce Cook, Jr."
Mr. Talbot moved to sustain the recommendation of the Planning and
Zoning Board. The motion was seconded by Mr. Jurney and carried unani-
mously.
9.x. City Clerk Worthing read the following report from the Barber's
Board, dated November 27, 1967, and signed by Fred Mareno, Acting
Secretary:
"At a recent meeting of the barbers of Delray Beach to select
o~ficers to represent them for the year 1968, the following
names were chosen to recommend to the City Council to best
serve them.
Wilton Lee, 10 N. E. 4th Avenue - Chairman.
ROy Ward, 123 East Atlantic Avenue, Secretary
J. F. Thompson, 123 East Atlantic Avenue, Journeyman Barber.
Raleigh Harris, 24 N. W. 8th.Avenue, Colored Representative."
The report of the Barber's Board was unanimously approved, on motion
by Mr. Croft and seconded by Mr. Merritt.
9.x. The City Clerk read the following report from the Community
Relations Committee=
"The Delray Beach Co~munity Relations Committee resumed regu-
lar meetings on October 2. The following officers were elected
to serve for the coming Year=
Chairman -Mrs* Virginia Meyers
Vice-Chairman - Mr~ A. ~..Risker
Recording Secretary -MrS.~Rosetta Rolls
Corresponding Secretary -Mrs. Frank L. Carey, Jr.
The events of the summer were discussed for the benefit of
those who were away,
It was a source of satisfaction that this city did not ex-
perience racial disturbances this summer. The satisfaction was
marred by the fact that rumors of racial u~rest were constantly --~
being circulated. This seemed to indicate that the community
did not have much confidence in the stability of its racial re-
lations. More important, there is always great danger that such
rumors will become self fulfilling prophecies.
The matter of communication was also one of concern to the
Committee. Apparently no community has solved this problem
since members of the disaffected groups ac not join clubs or
serVe on committees. It wes agree~, though~ that this Com-
mittee should seek more community participation in order to
be effective.
The Committee met again on November 7, to plan a program
for the coming year. Areas in which the committee could work
to remove the root causes of discontent were discussed and given
priorities.
As we noted in our'report, the Committee feels the need of
more community participation. In addition, only a few of our
members can devote the necessary time to committee work. We
have noted that many Community Relations Committees use sub-
committees of citizens for specific areas or projects, such
as employment, consumer education etc. We would like to use
~he knowledge and experience of the retirees in the City. We
find that they are generally unwilling to assume the resp°nsi-
bility of a yearlong committee membership, but we feel'sure
that they would accept spot assignments, we could also use
young people on such committees. Their ideas would be most
useful to us, and they would be pleased to be listened to
seriously.
We would like the Council's permission' to establish sub-
committees to carry out our program~"
The Community Relations Committee report was unanimously approved,
on motion by Mr. Talbot and seconded by Mr. jurney.
Mr. Merritt asked if the appointment of said subcommittees would
come to Council for approval, and Mrs. Virginia Meyers informed him
they would.
Mr. Talbot said he thinks the Community Relations Committee should
feel free to ask for a workshop meeting vrlth Council anytime they feel
they would like to have such a meeting.
10.x. Mr. I. W. Kresser, 234 N. E. 17th Street, complained of mosqui-
toes in his area and asked what is being done about mosquito control.
The City Manager reported that the City has spray and fogging ma-
chines, and cover the town, particularly on request, and he would
schedule the truck for that area.
10.x. City Manager Gatchel informed Council of a letter, dated today,
from the Delray Beach Booster's Club, requesting permission for the
members of the Delray Rocks Boys Footha11 Team to sell tickets for its
second artnual Holiday Bowl to be held at Seacreat Stadium this coming
Saturday, December 2nd, the tickets to be sold'by the players, in uni-
form, door to door. Further, the Holiday BOwl would feature a Father
and Son game for the 95 pound team, and &n~:intercity game with a team
from West Palm Beach for the 120 pound team.
-6- 11-27-67
The City Manager said that due to the urgency in the scheduling of
the Holiday Bowl, he would recommend that the request be granted, and
same had been approved by the Solicitations Screening Committee.
The request of the Delray Beach Booster's Club was unanimously
granted, on motion by Mr. Talbot and seconded by Mr. Jurney.
lO.x. Mr. TalbQt said that everyone knows what a tremenduous job the
Seacrest High School Football Team has done this 'year, which has brought
good publicity to the City. ne suggested that the Councilmen consider
something in the way of honoring that fine group of boys.
Mayor Avery said that the Seacrest Footbai1 Team has been selected
to play in the Gator Bowl on December 8th against one of the Jackson-
ville area teams, and are the second Florida team in the 35 year his~
tory of the game that has been selected as an opponent. He suggested
a motion authorizing the. City Clerk to prepare a Resolution commending
the team, It was so moved by Mr. Talbot, seconded by Mr. Jurney and
unanimously carried.
Following discussion, Mayor Avery suggested that the City Manager
be requested to explore the feasibility of some way in which Council
may show its appreciation of said team and recommend same to Council.
It was so moved by'Mr. Talbot, seconded by Mr. Jurney and unanimously
carried.
10.b. City Clerk Worthing presented the following Bills for Approval:
General Fund ~ ~81,065.19
water ReVenue Fund 64,930.20
Water O~erating &Maintenance FBDd 7,031.36
Interest & Sinking Fund
Water & Sewer Revenue Bonds 99,773.75
Utilities Tax Certificates
Principal & Interest Redemption Fund 18,420.00
Special Assessment Fund 83.50
Refundable Deposits Fund 3,893.?2
Sewer Revenue Fund 18,000.00
Sewer Operating & Maintenance Fund 17,782.23
ConstrUction Trust Fund 1,409.45
The bills were unanimously ordered paid, on motion byMr. Croft and
seconded byMr. Merritt.
10.x. Mayor..Avery..asked that Agenda Item lO.b. be provided for
miscellaneous business presented by the Public, Councilmen and Manage-
ment.
The meeting adjourned at 9:45 P.Mo
APPROVED:
....... R. D. WORTHING ...
City
Clerk
· ~ .
M A Y 0 R
-7- 11-27-67
~,,
214-A
RESOLUTION NO. 27.67.
A RESOLUTION OF TH~ CITY COUNCIL OF TH~
CITY OF DELRAY BEACH, FLORIDA, CHANGI~
THE NAM~ OF SOUTH~ST 20TH AVENUE, LYING
WITHIN THE CORPORATE LIMITS OF THE CITY
OF DELRAY BEACH. TO CONGRESS AVENUE.
WHEREAS, ~he Board of County Commissioners of Palm
Beach County has determined the location for, and provided
construction of, CONGRESS AVENUE, in the South County area;
and
WHEREAS, the City Council of the City of Delray
Beach, Florida, deems it in the best interests of the City
of Delray Beach that the name of CONGRESS AVENUE be continu-
ous and uninterrupted;
NOW, ~ERBFOHE, .BE IT RESOLVED BY TH~ CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA:
That the name of Southwest 20th Avenue, within the
corporete limits of the City of Delray Beach, lying within
Sections 18. 19. and 30, all being in Township 46 South,
Range 43 East, and extending southerly from State Road No.
806, as now laid out and in use, is hereby changed to
CONGRESS AVENUE.
PASSED AND ADOPTED by the City Council of the City
of Delray Beach, Florida, on this the 27th day of November,
1967.
, ~S,~, A,,1,, C,. ,A,very .... _ : _
MAYOR
, ~S~ R- D,- ~oF~inq ....... City Clerk
~214'B
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
CITY'
1.
Samuel Hayes, Jr. Vacant part of South 50 feet 15-3
901 N. 13th Street of East 135 feet of North ½ &
Fort Pierce, Florida 33450 of BlOck 1. (326 N.W. ?th Ave.} 15-4
2.
J. W. Nowlin Lot 15, Block 87. 15-3
P. O. Box 1510 (212 S. E. 3rd .Avenue) &
Delray Beech, Florida 33444 15-4
3.
J. L. & Margaret Patterson Vacant part of Lot 2, Block 5, 15-3
P. O. Box 1035 Osceola Park.
Delray BeaCh, Florida ~3444 [306'$. E. 5th Street) 15-4
4~
Elizabeth G. Schneider East 145 feet of West 305 feet 15-3
15 Tapoan Road of North 100 £eet of Lot ?o &
Richmond, Virginia 23226 Ocean Beach Lots, 15-4
(East of 221 Andrews Avenue)
5.
Samuel A. & Elizabeth B. East 70 feet of West 375 feet -.15~3~
Breene & G. Allan Marsted of North 100' feet of Lot 7, &
National Transit Building Ocean Beach Lots, · 15-4
Oil City, Pennsylvania 16301 (West of 222 N. Ocean Boulevard.)
6.
Paul & Sandra Maxson & Vacant part of Lot $, Block 8, 15-3
James E. & Kay B. Womack Dell Park. &
121 Bonnie Briar Lane (258 N. E. 11th Street) 15-4
Delray Beach, Florida 33444
Violations 15-3 and X5-4 as concerns this report are as follows~
1. 15-3 - Garden trash
15-4 - High weeds, heavy undergrowth and miscellaneous Junk
2~ 15-3 - Garden trash
15-4 - High weeds and undergrowth on ~artof the lot
3. 15-3 - Garden trash
15-4 - Nigh weeds on East side of the
4. 15-3 - Garden trash
15-4 - High weeds and heavy undergrowth
5. 15-3 - Garden trash
15-4-.- High weeds an~ heavy undergrowth
6. 15-3 - Garden trash
15-4 - High weeds and undergrowth on part of the lot
Submitted to the City Council by the City Manager
this the 2?th day of November, 1967.
214-C
ORDINANCE NO, 34-67.
A~ OIU~INANC~ 0F: ~ CITY' ~l~ O~
A~ P~c~ ~ SO~H 100 ~E~ OF
1395 ~ OP GO~~ L~ i L~NG
OF OCE~ B~BV~', SE~ION 21,
FLORA, IN "R-~ SIDLE F~LY D~ING
DEL~Y ~, ~, 1960".
BE IT ORDAINED BY THE CiTY COUNCIL OF Tw~- CITY OF
DELRAY BEACH, FLORIDA=
SECTION 1.. That the following described property in
the City of DelraY BeaCh, Florida, ts hereby reZoned, and
placed in the 'R-1AA Single Family Dwelling District" as
fined by Chapter: 29 of the Code of Ordinances of the City of
DelraY Beach, Florida, to-wit:
The South 100 feet of .North 1395 feet of
Government Lot i lying East of Ocean
Boulevard, SeCtion 21, Township 46 South,
Range 43 East, Delray Beach, Florida.
SECTION 2. That the BUilding Inspector of said City
shall upon the e£fective date of this Ordinance change the
Zoning Map of Delray Beach, Florida, to conform with the pro-
visions of Section I hereof.
PASSED tn regular session on the second and final
reading on ~his the 27th day of November , 1967.
/S/ Al. C. Aver~, MAYOR
ATTE ST '.
/S/_R. D. Worthing city Clerk
First Reading October 3n ~ ~ q&7 . _
SeCond Reading N. 0vember' 2.7~L 19~6.7. ,
~214'D
ORDINANCE NO. 35-67.
AN ORDINANCE OF THE CITY, C0UNCIL OF THE
CITY OF DELRAY BEACH,. FLORIDA~, REZONING
AND PLACING THE.SOUTH 14.1 FEET OF LOT
11, ALL OF LOTS 12, 13 & 14, ;AND ALL'.OF
THE SOUTH 100 FEET OF LOTS~15, 16, 17,
18, 19, 20, 21 & 22, ASBURy PARK HEIGHTS,
DELRAY BEACH, FLORIDA,. IN "R~3 MI~. TIPLE.
FAMILY DWELLING DISTRICT,', .AND. ~A~&qDING
"ZONING MAP OF DELRAY BEACH~ FLORIDA,
1960".
BE IT ORDAINED BY THE CITYcouNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
SECTION1. That the following described property
in the City of Delray Beach, Florida, is hereby rezoned, and
placed in the "R-3 Multiple Family. Dwelling District" as de-
fined by. Chapter 29 of the Code of Ordinances of the City of
Delray Beach, Florida, to-wit:
The South 14.1 feet of Lot 11, all of
Lots 12, 13 & 14, and all of the South
100 feet of LOtS 15, 16~ ~7, 18, 19, 20,
21 & 22, ASbury Par~Heights, acCOrding '
to Plat Book 6, Page 2, Public Records
of Palm Beach county, FlOrida.
SECTION 2. That'the BUildingI~Spector of said City
shall upon the effective date of this Ordinance change the
ZoningMap of Delray Beach, Florida,~to conform with the pro-
visions of'SectiOn I hereof.
PASSED in regular session on the second and final
reading on this the 27th day of November , 1967.
M A Y O R
ATTEST:
/S/ ~. D- Worthinq City Clerk
First Reading . OctobeF 30, 1967.
Second Reading November .2.7~.1967 .
214-E
ORDINANCE NO. 37-67.
AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY
OF DELRA~. BEACH, FLORIDA, REPEALING SECTIONS
~18-31 THROUGH !8,38, CHAPTER 18 ARTICLE III
(CHARITABLE SOLICITATIONS} AND AMENDING AND
RE-ENACTING NEW SECTIONS 18-31 THROUGH 18-45
R~GULATING SOL~CITATION FOR CSARITABLE AND
OT~R S~LaR PURPOSES .AND ~ROV~DIN~ a P~
ALTY FOR ANY VIOLATION THEREOF.
WHEREAS, on the 8th day of June, 1964, the City Council of the City
of Delray Beach, Florida, adopted Ordinance No. G-550 regulating chari-
table solicitations within this community~ and
WHEREAS, the City Council wishes to repeal, amend and re-enact cer-
tain code provisions in Section 18, Chapter 18, in order to more fully
protect its citizens from fraud by requiring additional financial re-
ports, identification cards, and additional information on the authen-
ticity and authority of the promoters and solicitors;
NOW, THEREFORE, SE IT ORDAINED BY THS CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l: That Sections18-31 through 18-38, Chapter .18 of the
Code of Ordinances of this City be, and the same are repealed, and
Articl~ III (CHARIT~mT~ SOLICITATIONS) Chapter 18, shall hereafter
consist of new sections 18-31 through 18-45, to read as follows~
,,Soctign AS~31~ When.used. in this Article, c~rtain'words and
terms are here~y defined as:
(a) 'Solicit' and 'solicitations~ shall mean the request,
either directly or indirectly, for money, property, or
financial assistance on the plea, or representation that
such money, property or financial assSstance will be used
for a charitable purpose.
(b) 'Charitable' shall mgan and include the words patriotic,
philanthropic, religious, social service, including research,
welfare, benevolent, educational, civic, or fraternal, either
actual or purported.
(c) 'Person' shall mean any individual, organization, firm,
~opartnership, corporation, company, association, joint Stock
association, church, religious or league, and includes any
trustee, receiver~ assignee, agent or other similar repre-
sentative thereof.
(d) 'Cost of Solicitation' shai1 mean all costs of whatever
nature incurred, directly or indirectly, whether underwritten
by others or paid directly, in raising the funds solicited.
The term Shall also specifically include the following: All
fund raising, administration and items which some agencies
refer to as 'public information'. Any printed material which
includes a request for a contribution or instructions of where
to send a contribution regardless of what else may be included
on the page or leafleto Any material which is handed out by
persons requesting a contribution or which is included with
a letter or other requests for a contribution as part of the
cost of fund raising regardless of the nature of the material.
~gctign_~SC32. Any person, firm or corporation desiring to
solicit funds in any manner whatsoever for charitable purposes,
as herein defined, in the City of Dslray Beach shall file an
application, in duplicate, on a form approved by the City Council
on the 27th day of November , 1967. Said application must be
214LF
Page 2. Ordinance No. 37-67.
filed with the City olerk at least six Wee~$' priOr to the com-
mencement of the ~requested period' for Soliciting, but not more
than six months prior to said period'." .
S. ection.. 18-.3.3,. The City Council ~ha11, 'upon consideration of
said application, in its sound and sole' judgment, either grant or
deny the issuance of a permit for the solicitation of funds for
charitable purposes in the City of Delray Beach. Said permit
shall be effective for a period to be set by the City Council,
but shall not exceed a period of two weeks of dOor-to-door so-
licitation. No more than one such drive may be conducted during
any approved period. Any organization which exceeds the above
two-week period or overlaps another drive without the permission
of the City Council shall be denied a permit for the next year's
drive in addition to any penalty prescribed in Section 18-45.
Section 18-34. No organization shall be eligible for a permit
unless there is a fully organized unit in Palm Beach County. The
active supervisor of the drive in this City must be a resident of
this City.
S.e. ction' ~S-3.5... The information contained in said application
for permit to solicit funds for charitable purposes shall be avail-
able to the public. The information ~Ontained therein shall be
published in a newspaper designated by the City Council, of gen-
eral circulation in the City, at least two weeks and not more than
three weeks before any solicitation of funds shall begin, with the
fee for such publication to be borne by the applicant. The form
of the information published shall be approved in advance by the
City Council or the Committee designated by the city Council for
this purpose. The published information shall include a pictorial
representation (i.e.a. piegraph) which shows how each 'dollar col-
lected the previous year was distributed. The expenses shown in
this advertisement shall include a pro rate apportionment of all
expenses such as local~ area, regional0 state and national, and
the advertisement shall be not less than four columns-wide and' ten
inches in length.
.Section 18-36. Thirty days after the-solicitation of funds is
completed, the results of such solicitation shall be filed with
the City Council, which shall be available to the public at all
times. The following information shall be provided:
Game and Address of Organization
Kind of ACtivity
Dates of Solicitations
RECEIPTS:
Ticket sales or admission charges
Cash contributions and pledges
Membership fees
Sale of advertising space
Cash value of donations in kind and/or items underwritten
Other receipts
Less Federal, State and City taxes
Total Receipts
EXPENSES:
Salaries, wages, commissions
Remuneration to promoters or managers
Remuneration to entertainers, musicians, etc.
Rentals- auditorium, building, etc.
Rental or purchase of equipment
Cost of refreshments, food, merchar~ise, etc.
Administrative costs (including printing, stationery,
postage, telephone, etc.)
214-G
Page 3. Ordinance No. 3?-67.
Advertisingand publicity
Other expenditures
Total Expenditures
NET REMAINING FOR CHARITABLE PURPOSES
DISTRIBUTION OF FUNDS~ Furnish detailed inf~rmation. If solici-
tation was in behalf of another organization or association,
show its name, address, date funds were released and amount.
Said report of the results of the solicita%ion shall be signed
and sworn to by an authorized officia~ of the organization.
~ect%0n 18-37.~ The City Council shall have the right, in its
discretion, at any time to require that the books of any organ-
ization having a permit to solicit funds for charitable purposes
in the City of Delray Beach be made available for inspection and
examination by the City Council or some committee designated by
the City Council. Should the City Council at any. time request
or require any additional information not hereinabove specifically
required, upon failure of any person, firm or corporation to fur-
nish such additional information upon request, the granting of any
permit shall be refused until such information has been furnished
or in the event, a permit has been issued, the same shall be sub-
ject to cancellation because of such failure to furnish informa-
tion requested.. The Council, or its designated committee, shall
be authorized to require organizations applying fo~ a permit to
have an officer or director appear in person at any hearing in
addition to paid local directors, in the event the Council, or
its committee, feels it desirable to have someone present to
plain in detail any financial reports from higher levels of the
parent organization.
Section 18138.~ The provisions herein requiring a permit shall
not apply to:
(a) Any established church, which solicits funds from its
own members or from its own congregation; and
(b) Any fraternal, social, patriotic, cultural or educational
organization which solicits funds solely from its own members
or from its own assemblies; and
(c) Any organization selling a product at or near its normal
retail value.
Section 18-39. It shall be unlawful for any organization to
allow children under eighteen years of age to engage in charita-
ble solicitation within this City unless under, the direct super-
vision of an adult.
Section 18-40. All persons to whom permits have been ~ssUed
under this Chapter shall furnish proper credentials to their
agents and solicitors forsuch solicitation. Such credentials
shall consist of an identification card substantially in the form
approved by the City Council on the 27th day of November ,1967.
The final form of said card shall be subject to approval of the
City Council, or its committee, prior to the issuance of the per-
mit. No person shall solicit any contributions unless he exhib-
its the identification card provided for in this Section of the
Code and reads it to the person solicited or presents it to said
person for his perusal, allowing him sufficient opportunity to
read same, before accepting any contribution so solicited. The
card shell also be. shown, upon request, to any police officer of
the City. When solicitation is by letter, a copy of said identi-
fication card shall be attached thereto.
214-H
Page 4. Ordinance No. 37-67.
Secti, og ,18-41. It is recommended by the City Council of the
City of Delray Beach, Florida, that at least fifty per cent of
the money collected in the previous year's drive should have' gone
for the purpose of the drive, such as research and patient serv-
ices in the case of health agencies and not more than fifty per
cent should have gone for fund raising, administration, public
information and reserve funds. In granting a permit to solicit
under the provisions herein, the City Council will refuse a re-
quest for permit where said expenses exceed fifty per cent. In
the event the expenses are less than twenty-five per cent, the
City Council may endorse said permit. In cases where the ex-
penses are greater than twenty-five per cent but less than fifty
per cent, the City Council will grant said permit without endorse-
ment.
Section 18-42. The City Council reserves the right to waive
the whole or any part of Article III of Section 18 for the pur-
pose of meeting any extraordinary emergency or calamity.
~section 18-43. If, upon receipt of written information or
upon its own investigation, the City Council or its committee
shall find that any agent or representative of the permit holder
is misrepresenting or making untrue statements with regard to the
solicitation, or has made untrue statements in the application or
otherwise violated the provisions of this Article, or that in any
other way the solicitation hms been conducted or is being conduct-
ed in a manner inimical to the protection of the health, life and
property of the citizens of the City and not in conformity with
the intent and purpose of this chapter, or representing in any
way that any permit granted hereunder is an endorsement of such
solicitation, when such is not the case, then it shall be the
duty of the City Council or its committee to revoke the permit;
provided, however, that before any permit is revoked, the City
Council shall give the permit holder twenty-four hours' notice
in writing that a hearing is to be had and that at the hearing
the City Council shall ascertain the facts, and if any reasons
above set forth for revoking the permit are found to exist, the
permit shall be revoked.
SECTION 18-44. Solicitation by means of coin or currency
boxes or receptacles is prohibited within the City, except:
(a) When each such box or r~ceptacle is serially numbered
and the City Council advised of the number and location of
each; and
(b) When each such box or receptacle is the responsibility
of a bona fide member, agent or solicitor of the soliciting
organization; and
(c} When such responsible person is required to pick up
each box or receptacle at the end of any approved solici-
tation period which, for such receptacles, shall not ex-
ceed two weeks; and
(d) When such responsible person has no more than a reason-
able number of such boxes or receptacles for which he must
account.
Section 18-45. Any person, firm or corporation found guilty
of a violation of any of the provisions of this Article, shall,
upon conviction, be punished in accordance with the provisions
of Section 1-6 of thi~ Code."
214-I
Page 5. Ordinance No. 37-67.
Section 2' All ordinances or parts of ordinances in conflict here-
with be and the same are hereby repealed..
Section 3% Specific authority is hereby granted to codify and in-
corporate this ordinance in the City's existing code.
S,ection~ 4: This ordinance shall take effect at the time and in the
manner as provided by the Charter of the' City of Delray Beach, Florida.
PASSED in regular session on the second and final reading on this
the 27th day of November , 1967.
/S/ Al. C.' Ave~ry
MAYOR
ATTEST:
?S/ R. D.. ~ort, hin City Clerk
First Reading November !3. 1967
Second Reading Ngve.m~. e? .27t 1967.
214-J
Page 1. Attachment to Ordinance No. 37-67..
Form approved by
City Council
November 27 , 1967
City Code, Chapter 18.
APPLICATION FOR PERMIT TO SOLICIT
IN THE CITY OF DELRAY BEACH, FLORIDA
Name of Organization
Address Telephone~o.
Incorporated: Yes: ...... No: ...... Date of Incorporation
Names of Officers and Directors
Purpose of Organization
Name of Local Paid Executive:
KI~D OF ACTIVITY:
(General Solicitation, ~a11, Motion Picture, etc.}
~'~cific Purpose of Solicitation ~ ~
Name and Address of Local C~i'rman of Person Directing Solicitation
Goal .................. D~%es of. solicitation
Methods of Solici%ation
Paid Promoters o'r Solicitors ~e~centage Agreement
Estimated Administrative Cost Items UnderWritten
of Fund Raising in Delray ~each
Estimated Percentage of Proceeds to
be expended in Delray Beach
6Z8
214-K
Page 2. Attachment to Ordinance No. 3?-67.
LATEST SOLICITATION IN T~ CITY OF DELRAY BEACH:
Total Amount collected in 19__
Total Expenses in 19
Remitted to Nat&cna1 or State in 19 ..._
Amount of Proceeds Expended in Palm Beach County inl9
To this form must be attached:
Copy of Charter
Copy"of.By-Laws
Statement of income and expenditures for previous
year for local, regional and national organization.
The organization hereby agrees that prior.to, contacting solicitors
for this drive that it will inform any such solicitors the nature and
purpose of the drive and shall specifically inform them of how the
percentage dollar amount collected the previous year was expended.
The organization further agrees to acquaint said solicitors with
all the rules and regulations provided in Article III, Chapter 18,
Code of Ordinances of this City, and agrees that any violations
thereof will subject the organization to punishment as provided
therein, including the revocation of the right to solicit in this
City for a period of one ~ear.
This application shall be sworn to by the applicant and shall be
accompanied by a consent of the charitable organization involved
consenting to the solicitation of funds on behalf of said charitable
Organization.
Name of applicant
By ..
TITLE
Sworn to and subscribed before
me this day of
, 19
Notary Public
City Council:
Approved:
Disapproved~
-214-L
Page 3. Attachment to Ordinance No. 37-67,
IDENTIFICATION CARD
In compliance with Ordinance No. 37-67.
CITY OF DELRAY.BEACH, FLOR~,~DA
By law this card must be read or presented
to all prospective donors,
NOT AN ENDORSEMENT FOR INFORMATION ONLY
Palm Beach County Chapter of .........
Will' conduct its ann~al'aPpeal. -
From to
Distribution of $
Income last year
Fund Raising,
Administration and
Public Information $ _ , . %
Research $ ., %
Patient Service $_ , , %
Public Health
Information $ _ . ..%
Reserve Fund ~ ~ %
Transmitted to
National,
State or Area
Total Distribution $ , %
Each dollar contributed to
last year was spent 'as shown below.
Public Information
NOte: Compliance with other applicable laws is not
waived by the issUance of a permit to solicit.
TO be used only by the solicitor whose signature
appears below. Compare with your receipt.
Signatures:
Delray Beach Chairman Solicitor
Date effective Expires
For further information phone solicitation Committee.
% 276-4196