03-14-66 A regular meeting;of.the. City C0uncil of D~ray Beach was held in
the C°uncil'Chambers at;tS:00 P;~i, With Ma~or:~'~'C. A~ery. in the 'Chair,
city Manager David M. Gatchul;'City Attorney John Ross Adams, and
Councilmen J. LeROyCroft, James H. Jurney, Jack L. Saunders and George
Talbot, Jr., being present. '"
1. An opening praYer was delivered by the Rev. N. A. Jenkins.
1.so The.Pledge of Allegiance to the Flag of the United States of
America was given.''
2. The minutes of the regular Council meeting of PebruarY 25~ 1966,
were unanimously approved, on motion by Mr. ~roft and seconded by Mr.
Talbot.
3. Mr. Irwin w. Kresser, 234 N. E. 17th Street, %nf0rmed the Council
that he has lived in Delray Beach for several .~eare and f~els it 'is a
wonderful place to live~' but the phrase "Beautiful Delray Beach" is not
altogether true. He Suggested:that an ordinance be passedand enforced
prohibiting trash and rubbish being placed in the rights-of-way for
pick-up prior ~0 the evening before the.~c~ed~led. Pick-uR date.
Mayor Avery suggested that this item 'be referred t6 the City Manag-
er for study, also consideration bY the Beautification Committee, and
any recommendations as a result thereof t0--be presented to Council for
their consideration.
4. Mr. CrOft read the Beautification Committee meeting minutes' of
March 9, 1966.
Regarding.the.unsightly.appearance of the shoreline on the east
side of the~Intracoastalwa~erwaY, directlY south of the Atlantic
Avenue bridge., Mayor Avery, With Council Consent, directed"the City
Manager to invest~gatewhether this is private or public property, cost
involved, etc.
4.a. A roli'Call showed the f011Owing Civic organizations and
representatives to be in attendance:
Beach Taxpayers League, Inc. Mr. J. Watson Dunbar
Breezy Ridge. Estates Mr~ John S~ord
Lions Club Mr. David Tyson
Delray Beach Jayceee Mr. Clifford Thomas
American Legion ~"' Mr. John George
5. City Clerk worthing read a letter; dated March l~th, 1966, from
Dr. K. M. Davis regarding unenclosed swimming .pools, 'with specific
reference to a P°ol located at' N, W. 4th A~enue ahd 12th Street.
Mayor Avery asked that th~s letter be brought up under Agenda Item
5. Mayor Avery read a PROCLAMATION, proclaiming the week of March 12th
to 18th, 1966, as AMERICAN LEGIONBIRTHDAYWEEK, and Mr. John George
a[~ounced the AmericanLegionp=ogram that had ~een Planned. for the
week.
5. Mayor AVery read a PROCLA~A~ION~ stating that the Palm Beach Blood
Bank,'Inc. is conducting its Annual Drive in Delray Beach on the 24th
day of March at the Community Center, between the hours of 10:00 A.M.
and 5:00 P.~.
Ma¥°r Avery presente~ said Proclamation to Mr. David TysOn, Delray
Beach Chairmanof the Drive, who urged that all indiVidu~ls sixty years
of age or o~der, or anyone yo%mger than sixty years of age Wh° is un-
able to give blood~ have s friend give blood.
3-14-66
5.' Representatives of the Delray BeaCh Jaycees, Mr. Clifford Thomas,
Vice-President, Mr, Jame~ Grady, Vice~Rresident and Mr. Tim Wood,
Director, announced' their plans for holding Delray. Beach Fun Days,
March 19th and 20th, .in the City Park located ~orth of Atlantic Avenue
adjacent to the Intra.coastal Waterway.
Mr. Talbot moved that the City Man~ger be authorized to grant the
use of any public facil'ittes which, in his opinion, are deemed worthy
for the purpose as o~tlined by the Jaydees. The.motion was seconded
by Mr. Jurney and ca=tied unanimously.
5.a. Mr. Jurney informed the Council that he had received a phone
call from Mrs, Leo Dwyer, 1604 North Swinton Avenue, just prior to
this meeting, regarding removal of her. hedge, and asked ..if property
owners Could be notified prior to such removal where improvements
are being installed.
It was pointed out that. this property is in the area of. sanitary
sewer installation and that'.it is customary,.for property owners to be
informed prior to removal of hedges, trees, etc.
The City Manager was directed to investigate this item and to
check with the Engineers concerning same so there will not be a re-
currenc, e of · that. procedure.
5.a. Mr. Jurney referred to the west side of the' 500 block just north
of 6th Street on S. ~.~. 3rd Avenue- where the. sidewalk had been damaged
because of so~e. contractor not packing the ground sufficiently after
placing cables under the-sidewalk. Also that the contractor did not
do a very good job on repaying the edge of the roadway at that loca-
tion.
City Manager ~atchel was directed to investigate this item.
5.a.: Mr. Saunders informed Council that he had received a complaint
from a resident in the northwest section of town regarding the noise
of s. cooters around 5:00 A.M.
· Mayor Avery asked that Mr. ,S, aunders ..give Police Chief Croft some
particulars on said call in or~e~ .that it maT be investigated.
5.a. Mr. Saunders, a member of the Screening CO~mlttee of Charitable
Solicitation applications, referred to the March of Dimes solicita-
tions, and said that they had been .gran~ted. permissi, on to solicit by
letter during the month of January, with a two weeks period to active-
ly solicit funds.
Mr. Saunders said it had been called to his attent~ that the
March of Dimes are still making solicitations in Delray ~each, and
that he would like for. the City .C. lerk to contact that Or~nization
advising them of their.time limit, and that they should also comply
with Section 1'8-35 of the Code of Ordinances regarding a report on
the result of their solicitations i~ Delray Beach.
5.a. Mrl T~lbot informed ~oum~il of receiv.~.Dg complaints f~om
dents in ~he beach area of disturbance by scooters i~ the early morn-
ing hours.
.6.,a. City Manager Gatchel informed Council.~of an application from the
Ame~a~ ..Cancer society requesting permit. %o~.soli=it funds by mail,
during the month of April~ and door to door ~.~licitation from Apr~l
llth thru the 25th. ~urther, that this application had been reviewed
and approved by the ~-h%~ber of Commerce screening committee.
Permission for s~ '~oliCitation by .the A~e. rican Cancer. Society
was Unanimou~¥ grant~, by m~on &f ~. r saunaers and seconded by Mr.
TalbOt.
6.b~ Co~cerning a s.ur. vey of parcels of land .in .,v!o.~.ation of the CitY
nuisance laws presented by the CSty .Manager, ~Jr. T&lbo. t moved that the
Cit~ Clerk be directed to proceed wi~' the enforcement of Chapter 15
of ~9 Code of O~dinances. The motion was seconded by Mr... Saunders
and .carried unapimously, (Copy of nuisance violation survey is at-
tached to the 0~icial copy. of these minutes. ) See pa~e ?~-B.
-2- 3-14-,,66
6.o. City,an&get Gatchel reporte~ to Council as follows= "Bids for
Sewage Works construction in Areas 20 and 22'~e~e received, opened
and made public at 4=00 P~M., February 28th, and r~£erred to the Con-
sulting Engineers for tabulation, review and reeommendWtion. Excerpt
from the Report of"the E~gineers, as ~ result'thereof, is;'as follows=
'It is recommended that.~the Contract be awarded to B~mby &'
.Stimpson, INC., who wad the low bidder~~ 'This recomm~ndati~n
is predicated upon the acceptance of _the low base bid of
~217,843.30.~
In v~ew of the time element,- an~ based upon the recommendation of the
Engineers, award of'contract for this project construc~'ion should be
made this evening.' ....
Mr, Daniel Neff, Project Manager for Russell a AxOn, reported
that their estimated cost of that wo~kwas $249,000.
Mr. Saunders moved that the recommendation of Ru~el~ & Axon be
accepted and ~hat 'the low base bid of $217,843.-30 ~e .'.awarded to Bumby
& Stimpson, Inc. The 'motion was seconded by Mr. Tal]~ot a~d carried
unanimously. '"
6.d. City Manager Gatchel reported that in compliance with previous
established policy by council, Resident Supervision for Sewer System
construction in-Areas 20 and-22 shoutd'.be ~etermined, and if it is
the 'pleasure of the Council to continue with the pre~ent resident
supervision, Supplemental Agreemen~ No. 9 tO the Engineering Contrast
between the City and Russell &AX~ dated September 30th, 1959, has
been prepared to so provide.
Mr. Talbot moved ~at the Mayor be authorized to execute Supple~
mental. Agreement No.. 9 to Rus~ll'& AXon"S basic contract, the motion
being seconded by Mr. Croft and unanimously carried. (Copy of Supple-
mental Agreement No. 9 is attached to the ~off~cial copy o~ these-
minutes.) See page 74-C. -
6.e. The City Manager informed council that Fleetwing Marine Corpo-
ration has applied for ~icense to dispense BEER only, consumption off
the premises, at the Marina located at 1035 South Federal Highway.
Further, that. all requirements and qualifications for such function
having'been met, and the applicant having been approved by the in,
vestigating and interested agencies, it is recommended that the
petition be granted. It wa~ so moved by Mr. Talbot. The-motion was
seconded by Mr. Croft and carried unanimously.
6.f. Regarding waiving of Sewer Construction penalty Concerning Area
14, City Manager Gatchel read the folloWing excerpts from a letter
from Russell &Axon, Consulting Engineers, dated March 7th:
"The official contract completion date for this Contract was
February 20th. The contractor was delayed in the installa-
tion of the Lift station by a strike at the American Well
WOrks for approximately two months. Since receipt Of the
Lift Station, he has worked very diligently, and accomplished
all that could be expected of him.
In view of the above facts, and the very short overall delay,
it is recommended that no penalty be'assessed against this
contractor,"
The City Manager said. he concurred With the recommendation-of the
Consulting Engineers, regarding Intereounty Construction Corporation's
contract on said Area 14.
Mr. Saunders moved that the recommendation of the Consulting
Engineers and City Manager be accepted'. The motion was seconded by
Mr. Talbot and carried unanimously.
6,g.. City Manager Gatchel presented a 'tabulation of bi~s rmceived
for construction of six 4-inch test wells, and'read th~ following
letter from Russell &Axon, Consulting Engineers, datedMarch 14th:
'"Subject: Water ~upply Test Wells ~..Recommendation of
cOntract Award.
li ComPetitive'bids for drilling-six water supply test wells
were received at 4:00 P.M. on Mar~h 10, 1966. Three bids were
received, and they are tabulated below..
~axson well Drilling $3,498.00
Alsay Drilling, Inc. $4,122.00
Pippin Well Drillihg, Inc. $6,132.00
2. The apparent low bid of Maxson Well D~illing did not in-
clude ~Page 2 of the bid pXoposal, 'which Stated time of com-
pletion, and also carried~the b~d~eris~'signature~ ~ttached
to his bid there was also a qualifying statement, that .he
would not be ~ble to use a turbine, type. pump in testing the
weiISo AcCordinglY, the Maxson b£~ must be Consider~d
irregular.
3. Maxson drilled the' last test wells, using a cent'rifugal
surface '~oUnted testin~ pump._ Th~'s ~equ~pm~nt did not give
conclusive results. The specifications call for a turbine
deep .well p.ump for testing, 'and we consider this equipment
to be absolute1y necessary to obtain the :desired information.
4. The second bidder, Alsay Drilling, has been contacted,
~nd he ~{~s-g~n assurance that .he will-use a tUrbin~ pdmp,
as'speci~ied~ He will' also use a rotary drilling r~, which
possesses certain advantages over the percussion drill, which
Maxson uses.
5. The primary difference in cost between the first and
second bi~ iS, i~ Item 3
p~v'~e"san~s, and ~ater analysi.~~ fSr test
wel~. '
Inasmuch~ as.. thi~. is the end r~sult, an~,~urpose of the tests,
the money allowed should be sufficient to give: us positive
results.
6. In view.of the 'above facts, it is recommended that this
contract.be a~arded to Alsay Drilling~ Inc. in the amount of
Four Thousand, One H~ndred Twenty-Two Dollars and No Cents
($4,122.00). This contract amount is predicated upon the
unit quantities and unit hid-prices, in the proposal.."
"City~ Engineer Fleming pointed out that .an~!mportant item in these
test wells in the south area is ·the quantity, of water, as well as the
quality, and the pumping method is very impo~'tant; further, that he
agrees with the recommen4a't~ion' of Russell & AxOn.
Mr. Maxson informed the Counoil that since the opening of the
bids, because the deep well turbine pump is an impoNtant issue, ~e
called -Peerless Pump Company and_obtained a Pr$ce' on a deep well tur-
bine, wh;ich he is will{rig to ~buy~ ~-n order tO comply wi~h said speci-
fications; further, sa~d people had informe~, him there is not a deep
well tUrbine made that will fit in a 4-inch' test well that will de-
liver 200 gallons of '~ter per minute, bh~ that he would be willing
to ~est 'off the wells with a ~e~P well turb~n~; according to the speci-
fications, or the other way, whichever would work out the best.
Following lengthy diScuss~on, Mr. Jurney moved that the bids for
the t~st 'wel!s b~ tabled for further ~iscus~'ion and brought back t'o
Council at the next meeting. The motiOn was ~econded by Mr. Croft
and upon call of roll, Mr. Croft, Mr. Jurney-, Mr. saunders and Mayor
Avery voted in favor of the motion, and Mr.~ Ta~lbot abstained from
7.a. City Clerk Worthing informed the Council that the o~a~ers of a
parcel of land 1~' between'AIA '~nd the Ocean, adja6~t t6, and ex-
tending 100 feet northwar~ from the Horizon Apartments', have peti-
tioned, through their local Attorney, f. or permission to connect to,
and be serviced b_y the City"s '.~ewer Collecti6n s~stem, ~ch is lo-
cated i~ SOuth A1A R~ abutting said land.''
~. Talbot said that he had~dis~ussed ~is"item with a couple of
Councilmen and they felt a workshop .meeting ~s in orderl..fur~er,
that Attorney J. W. Nowlin, Sr.,Attorney for Dr. Alfaro, had agreed
that was ~e correct appr6ach.
~. Talbot then moved that item 7~s. be tabled for fu~"ther study.
The motion was seconded by ~. Saunders and carried _~antmously.
8.a. City Cl~rk Wor~ing ~es~nted -~SOL~ON ~. 14~66'i
A RESOLUTI6N OF T~ CITY' ~CIL O~ T~ CITY OM DEL~Y
B~, FLORIDA, ACCEPTING A~AS N0~ 10 A~ NO.I~ OF ~-
TARY S~R PR~ NO. 5964-8b AS OPE~TION~ A~ SET-
TING T~ EF~CTI~ DATE FOR T~ ~TI~ S~
~TES, FEES A~ ~R ~GMS TO BE IM~SED FOR ~
' SER~CES A~ 'FACILITIES ~S~D BY MAID A~AS ~.
(Copy of R, solution_ No. 14'66' is attached t? '~he office9.1 Cppy of
these minutes.) See paEe 7~-~.
Resolution No. 14-66 ~s unanimously p~ssed an4 ad4P%~ '~n ~iS
first and final reading, on mo~ion by ~-. Tarot and s~con~
Saunders.
8.b. City Clerk Wor~ing presented O~INANCE NO. 10-66.
~ O~I~NCE OF T~ CITY OF DEL~Y BEACH,' FL~iDA
~NG T~ ASSESSORS AS SHO~ BY T~ 'ASSESS~
ROLL S~MI~ED BY THE CiTY ~GER OF ~ID CITy,
CONCEDING T~ OPENING, G~G A~ ~A~NG OF T~T
(Copy of Ordinance No. 10-66 and ~ccompanying"AsSes~ent'Ro11 are
attached to ~e official 'copy of"~es~, minutes.)'" ..~e'e page ~0-A..
There'being no objection to %he assessment.roll' for:Pav~n~ of a
portion of N. W. 3rd Avenue, Ordinance No. 10-66 Was dnan[mously
passed and adopted on this second and final reading, on motion by
Jarney and seconded.by Mr, Croft. '~ ''~'
8.c. City Clerk Wor~[ng Presented O~I~CE NO..14-66..
AN O~I~NCE OF T~ ~TY CO~CIL OF ~ CITY OF
DE~Y B~CH, F~R~g, A~ING SE~ION ~29-7.1
(al ~}', e~T~a 2~ o~ T~ CODE OF O~N~eES O~
C-I L~ITED ~RC~L DISTRICT.
(Copy of Ordinance" No. 14~6 ~ attached ~o the official copy of ~ese
minutes. ]. See-page 7~-D.
There being nO'objectiofi to Ordinance No' 14-66, said ordinance
was unanimously ~ss~d ahd adopted on this' secofi~ and final reading,
on motion by ~. Sa~nder~ and seconded by ~. ~rney.
8.d. City Clerk w0r~ing p~sented O~I~NCE NO. 16-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
, DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF .
DRLRAY BEACH CERTAIN LANDS LOCATED IN SECTION 9,
TOWNSHIP 46 'SOUTH, RANGE 43 EAST, WHICH LANDS ARE
CONTIGUOUS TO EXISTING MUNICI~L LIMITS OF SAID
CITY~ REDEPINING THE ,BOUNDARIP-S OF SAID CITY TO IN-
,, CLUDE SAID LANDS~ PROVIDING FOR THE RIGHTS AND OBLI-
~A~.IONS OF SAID LANDS~. AND PROVIDING FOR THE ZONING
THEREOF.. ~' (We. dgewood Apartments)
(Copy of--Ordinance No. i6-66 is attached to the official .copy of
these m~nutes.) ~e p~,~
There being no °bjectio~ to Ordinance No. 16-66, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion bY Mr. Talbot..and seconded by Mr. Saunders,
8.e. The City clerk p~esented ORDINANC~ NO. 17-66.
AN ORDINANCE OF THE CITY CouNCIL OF T~E CITY OF DELRAY
BEACH, PLORIDA., ANNEXING TO THE CITY OF DELRAY BEACH.
CERTA~/~ LAND, NAMELY LOT 46, DELRAY BEACH ~HORES,.~-WHICH
LAND IS CONTIGUOUS TO E. XISTING MUNICIPAL LIMITS OF SAID
CITYI REDEFINING THE BOUNDARIES OF SAID CITY TO.'IN~LUDE
SAID LANDI PROVIDLI~G ~OR THE RIGHTS AND OBLIGATIONS OF
SA. ID LAND~ AND PROVIDING FOR THE ZONING THEREOF,
(1010 Brooks Lane)~
(Cop~ of Ordinance No. 17-66 is ateach~d, to ~ne official copy of
these' minutes.) Se~. pa~e.
There being no objection to Ordinance. Ho. 17-66, said Ordinance
was unanimously passed anti aflopted on this second and final ..reading,
on motion ~y Mr. Croft and seconded by Mr. Jurney.
8.f. The City Clerk presented ORDINANCE NO. 18-66.
AN ORDINANCE OF THE CITY COuNCIL OF THE CITY OF DEnRAY
BEACH, PLORIDA,' ANNEXING TO T~E"CITY OF -DRLRAY BEACH
CERTAIN LANDS LOCATED IN SECTION 21i TOWNSHIP 46 SOUTH,
RANGE 4~ BAS, T, WHICH LANDS; ARE CONTIGUOUS TO ,EX$STI, NG
MU~I. CIPAL .~MITS OP SAiD ,CITY~. REDEFINING T.HE ~UNDARIES
OF ~AID CITY'TO INCLUDE SAID /~NDS~ PROVIDING FOR THE
RIGHTS AND OBLIGATIONS ~F SAID LA~DS~ AND PROVIDING FOR
THE ZONING THEREOF. (Barrington Apartments)
(Copy of Ordinance No. 18-66 is attached to the official copy of
these mintues.) See pa~e ?~-H-?~-I.
There be. ing no objection to Ordina. nPe N~. 18-66, said Ordinance
was unanimously, passed'and adopted on this second and final reading,
on motion by Mr. Jurney and seconfled by Mr. Talbot.
8.g. City Clerk Worthing presented ORDINANCE NO. 19-66.
AN ORD~NANCR OP THE CITY OF D~.LRAy BEA~H~ PLORIDA,
LEVYING .T~E ASSESSMENTS AS SHOWN ~¥ THE ASSESSMENT
ROLL SUBMITTED BY THE CITY MANAGER,:.0F SAID CITY CON-
CERNING THE CONSTRUCTION OF STORM DRAINS IN ISLAN~
DRIVE, TOGETHER.WITH THE ~NS. TALLATION OF CATCH BASINS,
,~4AN-HOLES AND APPRUTENANCES. IN CONJI~NCTION WITH SUCH
STORM DRAINS.
(Cop. yof Or. dinanceI No. 19~66. an~ accompanying Assessment Roll are
attached.to the official copy Of thes,e minutes.) See pa~®
The_re. be!ng~no objection to the Assessment .Roll for construction
of Storm Drains ir~ Island Dri-ve, Ordinance No. 19~66 was ~u~animously
-6- 3-14-66
passed and adopted on this second and final ~readkn~, ~on-mdt~Cn by Mr.
Talbot and seconded by ..Mr. Sa~h~rs,
8.h. The citY Clerk p~ese,ted'i'~ 6RDINANCE NO, 20-66. ' ....
AN"OP. OINm~CE OF ~B~CI~ COUNCIL' OF ~ CI~ OF
BE~, F~RIDA, ~X~ TO T~ CIT~ OF ~E~Y~
CERTAIN ~, ~LY LOT 6, SECO~ ~DiTION TO ~GH
AC~S, ~I~ ~ IS CO~IGUOUS TO. E~STING M~ICIPAL
LIMITS OF S~ C~TY~ ~DEFIN~ 'T~ B0~AR~S~OF~'SAID'
CITY TO IN~E SA~ ~ PRO~ING FOR T~ RIG'S ~
OBLIGATIONS OF SA~ ~ND~ A~ ~RO~D~G 'F~ 'T~ ZONIN~
T~OF. (1714 Lake Drive) .... ~ ....... ~:-
Ordinance No. 2~66 ~s unanimously-placed on '~rs~~ re~'dlng~' 0n
motion by ~. Saunders and seconded by ~. Croft.
8.~. The City Clerk presented O~I~ NO. 21-66. '
~ o~c~ o~ ~ c~ CO~C~L o~ ~ c~ oF
Ordinance No. 21-66 was 'unanlmo~'ly plac~d ~n k~rst~' ~aalng on
motion by ~. ~rney and second~:b~ MrS' TalbOt.-
8.j. The City Clerk presented O~IN~CE NO. 22~66.
~ ORDIN~CE OF ~ CITY CO~CIL OF ~ ~ITY OF DE~Y
B~, FLORIDa, PROVIDING FOR T~ EN~OSU~':0F" ~I~
~LS ~IN T~~ ~ITY A~ ~aO~Dm~ F0a ~E~LTY FOR
~O~TION.
~e City Clerk then read the following letter from Dr. and ~s.
K. M. Davis, dated March llth, 1966= ' ..
"It is with aeep concerh ~ '~e urge ~yo~r ~vote 'fo~:apg~val
of an ordinance to' prohibit unenclosed 'swi~i~g'po01:s ~n
Delray 'BeaCh~ ~en pOOlS' are'~,a hazard to little' c~ildre~ who
are interested' ~n what goes ~on around.t~m, '~et are ~able to
read ~POSTED~ Signs, or to realize and Obey ~DANGER~;-signs.
We are particularly concerned about a ~ol located at 4th
Avenue and 12th ~treet, N~ 'W. ~e o~ers are here for a few
monthS ~n ~e wlnter season, and I feel confident they'd0n~t
realize. .. what a daily 'year round hazard ~e~r open ~ol ~s to
~e seven young children six y6ars old and.young&r, ~o
adjacent to itl Safety measures can save ~ "li~s of young
children.
Let's not'~it for ~e losS of ~' l~fe, to reali-Ze the
portance and .necessity of .such an ordinance."
City Attorney Adams reminded~' Cocci1 of ~eir ~ece~t ~nSpection
of an open swiping pool in ~he nOrth~st part of to~, and that he
received a call from a contractor emploYed to enclose sai~ bool, ask-
ing ~e t~e ana height of ~nce re~ired.~ Th~' City Att~n~y pointed
out ~at pro~o~ed 'Ordinance~'NO.- 22'6~ 're~es-a "fence n0t"iess than
forty-eight lnches in height.
~. Tarot moved ~at Ordinance No. 22-66 be placed on first read-
ing, 'End requested that ~ere be some"~ooD6rat~on, in th~s'*matter'
~e local pool con,actors.- ~e.~ion ~s seconded by ~." ~ft.
~. Tarot suggested getting ~nfo~ation from the magazine
sW~NG. P~L AGE, which is ~e industry maga~ine, a~d~-O ~acting
~* Joe'~oc~o of D~lray ~P~ls.- "- ~ -" '~'
-7- 3-~4-66
City Attorney Adams informed C6Uncil that he had contacted Mr.
Rocch~.o, who had furn~Shed'him with ordinances from t~ other cities
that are even more res~riCtive, than proposed Ordinance No. 22-66,
City Attorney Adams said the research on this may be in the area
of Planning, and suggested that Mr~ Art Smith, D~rector., of. Plann//~g,
Zoning and Inspection., may be the proper party t9 request the infor-
mation from the magazine
Following lengthy discussion, the motion that ordknance No. 2'2-66
be placed on first reading .carried. unanimously.
concerning the letter from Dr. Dav~s~ Mayor Avery directed the
City Manager to cohtact the o~wners ,of the .pool mentioned, informing
them of the action the Council/~as taken, and asking that they take
care of encl'osing their pool in the interest of public safety.
Mr. Saunders asked that the Council s~nd a letter of appreciation
to Mrs. CarnoChan, 1607 N. W. 2nd AVenue, when she has completed the
fencing of her swimming pool.
8.k. The C,~ty Cl~k presented EM~RGENCY.0_RDINANCS NO.o. 2.3-66.
AN EMERGENCY-oRDINANC~ OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, ~LORIDA REENACTING SECTION
17~28, CHAPTER 17~ CODE OF ORDINANCES OF SAID CITY,
MAKING IT UNLAWF_UL FOR ANY PERSON TO COMMIT WITHIN
THE CORPORATE LIMITS OF '~u~ CITY, ANY ACT WHICH IS
OR SHALL BE RECOGNIZED BY T~E LAWS OF THE STATE AS
A MISDEMEANOR.
(copy 2 -66 is tta ed to-the off,cia1 copy of
these minutes.) See ~a~e ?~-K.
Ordinance No. 23-66 w~s unanimously passed and adopted on this
fir~ and f~'nal .reading, on motion by Mr. Saunders and secon~ed~_y
Mr. Croft.
9.' City.: .~lerk Worthin~'..re~o=ted that the Traffic and .P~rking ~m-
mittee had .been .reqUeSted .~.~o:'~ .the proposed pa~ng improvement
of a parCel[of land..in connectiO~~.~. Presby~erlan :~urch, and
then re,al.the following Traffic and ~a~k~.~comm~ttge meet~g ~L%nutes
of March 1, 1966t
"A letter from Mr. Melville Brown was read to ~t~e,Committee
advising that the owners of the parcel of land at 222 NoXth
Ocean ~oulevard are continu~-ng their.o~fer .to sell O'r lease
sa!.~ parcel to the C~ty, but the offer is now.made S_~bject
to prior sale or withdrawal.
Considerable discussion was held concerning ~e leasSng
improvement of the Presbyterian ChUrch parking lot on :Bronson
Street,. Mr. Kern moved that the C~y Engineer- prepa~ and
sUbmit a less costly parking ,~nd be~utifi~a'tion p~an ~t a
meeting to be held with the church representatives, in order
to present a mor. e feasible plan t.o the City Council. MOtion
seconded by Mr. Kabler and carried.
concer~ning the offer of MrS. :End McFem to sell to the City
Lots 20-30 of BlOck 9.3,, it Was moved ,by Mrs; I~rn that .this
offer be dec_lined due to the cost- of s&%d property, and
· distance from the downtown area. Mo~ion seconded by Mr., Love
and c.arr!ed. '(DUring discussion, it was ~o~nted out ..~hat the
First' National Bank intends to snla.r~e their parking ~ot this
y~ ar, and also ~hat the. City presently owns a parkin~"lot
immediately .Wgu ~.. of Block 93..)"
-8- 3~14-66
10.x. City Manager Gatchel informed Council that Wednesday, March
16th, is' the ~date. Delray Beach Will' make its first formal request to
the Corps of Engineers for assi~stance on :the Bea~ch Erosion Project,
that he and Mr. Talbot have a 'wednesday afternoon appointment With
the~Corps of Engineers in Jackso~ville, and that Mr. Wm,"Carlton of
the State Board of ConservatiOn Will"meet' them' in JaCksonville.
Further, that as part of the presentAtion'to the ~orps of' Engineers,
the following Resolution has been_prepared:
RES~)LUTION~ NO. I5-66.
A RESOLUTION OF THE CITY COUNCIL OF THE CIT~ OF-"
DELRAY BEACH, FLORIDA, REQUESTING F~N~NCIAL ASSIST£
ANCE FROM THE U. S. ARMY ENGINEER DISTRICT, J]%CKSON~ILLE,
'FLORIDA, TO ASSIST SAID CITY' IN'ALLEVIATING CRITICAL
BEACH EROSION PROBLEMS.
(Copy of Resolution No. 15-66 is attached to the official copy of
these minutes.) See page
Resolution 'No. 15~66 was unanimously' pa~sed and adopted on this
first and final reading, on motion by Mr.. Saunders .and seconded by
Mr.. Jurney.
10.x. City Manager Gatchel re~orted tha.t several hu~dred~.junk cars
have been removed from withi~ the City limits' during the, Pa.st 'several
months, but that the time has 'explred~'~n-whie~M~r.-Wil!is h~d the
privilege of dumping-the cars "in the lo,at'ion west. of we~ Palm Beach
that he has been using. Further, that there still rem~'in~s approxi-
mately a hundred junk cars in the street rights-of-way and private
property within the City, and an~agreement has been made.'w~th Mr~
Willis wherein he will continue to collect the junk cars if the Cit~
will provide a site for him to dismantle the cars in preparation to
hauling them away' in two different forms, one being the u~der~carriage,
frame and engine of the vehicles, the ~ther' being the steel ~odies.
The City Manager informed Council that the old sanitary land fi1!
area had been Suggested for this use, but he did not feel that loca-
tion was appropriate; howe~er, as an alte~'native; the util£zat~0n of
the southern portion 'of the present land fill area is sugg.ested~
Further, that the Contractor plans to dism~ntle the cars ~hr0ugh the
use of a cutting torch, and has agreed to provide a 500 gallon
rated water tank with pump to use in combating any fires that might
be started. That Mr. Willis has further agreed that at no time will
there be more than fifteen ca'rs at that location du~ing said disman-
tling operation.
The City Manager further stated that if said dismantling operation
causes fires or smoke or becomes obnoxious to the area ~esidents; it
would be stopped immediately, and that same would be completed within
ninety days.
Mr. Saunders moved that"the' City Manager be authorized to permit
Mr. Willis ~o haul the j.unk cars to the proposed location at the
sanitary land fill for dismantling and removal as 'recOmmend~d, the
motion being seconded by Mr. Jurney and uhanimously carried.
10.x. City Manager Gatchel reported to Council as follows: "The
City Engineer and I, last Friday, met' with the District Engineer of
the State Road Department, Mr. Davidson, in Fort Lauderdale, request-
ing State Road' Board assistance in our ~ea~h Ero$io~ ProjeCt. We
asked for the-rubble along the easterly side of AiA, and this wes
given to us. We asked for drainage to be provided from the roa~
through the revetment area i~ this area an~ this was agreed to, that
he could provid~ this out of their maintenance funds, and we further
asked for 'the permission to close AiA between Atlantic'' Avenue and N.E.
8th Street d~ring the period of this constru'ction, with. the 'intended
use of the road being for the heavy equipment and fd~ the. casting, of
the interlocking concrete blooks on the site, both from the standpoint
of econom~, as well as the time element involved in it. This will
have to g~ before the State Road BOard for such ~ermissAon, and today
I did direct to the District Engineer a letter requesting this per-
mission, and asking that the Road Board consider t/~i~-at their meet-
ing to be ~held in Miami next F~iday, in which we intend to be present
to answer any questions that the-State Road. Board might-h~'ve. This,
as you well know, will amount to quite a-.savings eetimated by our
Consulting Engineers," Glace Engineering corporation, in the per foot
cost of construct-ion 'in this%revetment area. Any savings, of course,
would he reflected in the extension of the--wall- toward Atlantic Avenue
from its northern beginning point'~ I wanted to,report, .to~'you that
every stoae is being turned that we ,.can think'of to get assistance in
this pro~ect."
~0.~. Mr. Jurney asked what progress is ~eing made toward eliminating
the nuisance that had been declared to exist on LOt X, Block 14,
Seagate.
City Engineer Fleming reported that he . had .,been inform, ed a con-
tract has been given to Murphy Construction Company, who would con-
tact h~m to determine the e_xact~' extent of the sea wall repa'~r., The
City Engineer said the north sea ..wall.has not faAled, and the ordi-
nance states that a sea wall has to be unsigh~ly or unsafe to be con-
demned2 therefore, as City Engineer, he could~.only recommend that the
north se~ Wall be repaired.
10.a. City Clerk Worthing presented Bills for Approval, as follows:
General .Fund $ 128, ~46%~81
Cigarette ~Tax Fund ..... .5, 358. O0
Water ~perating & Maintenance
Wa~r. Revenue. Fund 145,862.
S~ecial- A~sessment Fun~' 2; 467.17
Refundable Deposits Fund 1,0~.38
Improvement' Fund 567.29
Mr.. Croft moved that the bill's be pai~, the-motion being seconded
by Mr. Saunders. Upon call of roll, Mr. Cro~t, Mr. Saunders, Mr.
Talbot and Mayor Avery vote~ .iR ~f-avor Of the motion and Mr. Jurney
abstained from voting. Mr.-Jurney qual~fie~ his vote. in that.there
is a refund to him for expenses on a trip to Tallahassee.
The meeting 'adjourned at 9:45 I~.M,
City Clerk
APPROVED: -
M A-~'O R ~ -
-10- 3-14-66.
74-A
RESOLUTION NO.. 14-66.
A RESOLUTION'-OF. THE CITY COUNCIL OF THE CiTY OF
DELRAY BEACH, FLORIDA, ACCEPTING.AREAS. NO. 10
AND NO. 14 OF SAnITARY-SEWER PROJECT NO.' 5964-8b
AS OPERATIONAL AND SETTING THE EFFECTIVE DATE FOR
THE !INITIAL.. SCHEDULE. OF RATES,- FEES~ AND OTHER
CHARGES T.O BE IMPOSED FOR TH~.SERVICES AND FACILI~.
TIES FURN!.SHED BYJ. SAXD ARF~S NO..10"AND NO. 14 OF
THE SEWER SYSTEM.
WHEREAS, the City entered into a contract for engineering
services with RusselI.' & Axo~,-..C.O~eult/ng Engineers, on the 30th
of September, 1959', ah~ -'
WHEREAS, pursuant to said -c~ntract, Russell & Axon designed
an ocean, outfa-11 sewer system together with lift stat. ions and .,other
san.itaxy sewer improvements, he~einafter referred to as Project No.
5964-8b, .and -_ -"
WHEREAS, Russell & ~xon was hired to_ perform consultin.g
and resident inspection services for said Areas No. 10 and No.- 14
of Sewage Works Project No. 5964-8b, and
WHEREAS, by Resolution No. 1359, dated November 6, 1961,
and Ordinance No. G-553, effective July 22, 1964, the-initial
schedule of rates, fees and other charges to be imposed .for the
services an~ .facilitie's furnished by the-sewer system are to become
effective the first day of the month following the date~.when the
system is constructed, certified for use by the consulting engineers,
and accepted by the City; and
WHEREAS, Russell & Axon has recently certified Areas No. 10
and No. 14 of Sewage Works Project No'~' $9.6~-8b as oDerat-iona-l!
NOW; THEREFORE, BE IT RESOLVED .BY THE CITY COUNCIL OF
CITY OF DELRAY BE~CH, PLORIDA,~ AS FOLLOWS:
1. That Areas No. 10 and No. 14 of the sanitary sewer sys-
tem, heretofore designated Project No. 5964-8b, are hereby accepted
by the City as being operational, and the initial schedule of rates,
fees and other charges previously established shall become effective
April l, 1966..
2. That nothing herein contained shall be constured as
discharging the contractors from the strict performance of their
remaining contractual duties. That each of the contractors, and
their bonding companies, remain responsible in all respects until
released in ac=ordance with their agreements with ~he City.
PASSED AND ADOPTED this 14th ~ay of March, 1966.
I~[ ~:., c. ~'~ ...........
MAYOR
ATTEST:
/S/ R. O. Werthing City Clerk
74-B
PROPERTIES IN VIOLATION OF OR~INANC~ NO. ~-147 and SECTIONS 15~3 and 15-4 OF THE CITY CODE
PROPERTY CITY
OWNER ~DDRESS .DESCRIPTION CODE
1. George B. Mehlman 805 C°meau.Building South 135 feet of 15-3
West Palm Beach,Fla. West 85 feet of &
Block 20. 15-4
2. Robert & 1315 llth Street~ Lots~ 1 and 2, 15-3 &
Gertrude Hanford West Pahn Beach,Fla. Block 42 15-4
3. Hermon Steve~ 224 N.W. 2nd Avenue Lot~ 4 and 5, 15-3 &
D~lray Beach, Fla~ Block 42 1544
4. Joe Conyer 240 N.W. 3rd Avenue South'96 feet of 15-3
Delray Beach, Fla. North 244 feet of &
East 155 feet of 15-4
Block 34.
5. Jane Jackson c/o L. L. YOungblood vacant Overgrown
P. O. Box 1063 parts of East half
Delray Beach, Fla~ of Block 34 less 15-3
South 96 feet of &
North. 144 feet of 15-4
East 135 feet & less
EaSt 20 foot R/W.
6. McEwen Investment P.O. Box 21~ Lot 1, Block 3 lS-3
Company, Inc. Wichita 1, Kansas Seagate "A" 15-4
Violations 15-3 and 1~-4 as concerns this report are as follows:
1. 15-3 - Trash and Junk
15-4 - Weeds and underbrush
2. 15-3 - TFash
15-4 - we~as an~ underbrush
~. 15-3 - Loose trash -
15-4 - Weeds and underbrush
4. 15-3 - Old trash
15-4 - Weeds and underbrush
5. 15-3 - Old trash and'lumber
15-4 - Weeds and underbrush
6. 15-3 - Loose trash, garden trash and large tree half ~ead'
15-4 Weeds and undergr6wth
Submitted to the ~ity Council by the City Manager
on this the 14th day of March, 1966.
SUPPL~4~NTAL AGREEb~NT NO. 9
TO
EN~I~R~ CONTRAC~
CZ~ OF D~Y ~, FLOR:~
~S~ the City of Delray ~ach, hereinafter referred to
aS the O~R, and-Rdssell & ~on, consulting ~ngineers, herein-
after referred ~0 as the ~:~RS, ent~ed into a contract for
engineering services dated ~e 30~ day of Septe~er, 1959, and
~AS~ the ENGI~RS have infO.ed the ~er that
~uld ~ in' the ~e~ interest of the O~ to provide core. tent
resident ins~ction for Area 22 and ~ctions 1 and 2 of Area 20,
Pro~ect No. 5-964-8b, construction of ~ich is i~ediately c~ntem-
~, ~~. the ~rties hereto mutually agree as follows:
1. ~e ~R will ~y to ~e E~I~ERS on a monthly ~sis
for providing com~ten% resident ins~ction and su~rvision an
amour eq~l to actual field '~st 'plus 50 ~r cent.
2. ~sident su~rvision of construction includes, but is
not limited to, laying out of ~rk, a~lysis of tem~rary struc-
t~es and facilities, field su~rvision, field ins~ction of
~terials and ~rk, pro~ess re~rts, pre.ration of mon~ly and
fill esti~tes and fill re.rt. As ~rt of their duties as
Resident Su~rvisors, ~e ~I~RS s~ll render monthly ins~c-
tion and profess re~rts to ~e O~.
3. ~e chief local resident engi~er (or project ~nager)
assi~ed to the project shall at all times re. in s~ject to ~e
approval of the O~R.
4. ~e terms and provisions of the ~ntract ~t~en the
parties dated ~pte~r 30, 1959, including all supple~nts ~ere-
to, shall re. in in full for~ and effect o~er than as m~'ified
by ~is Supple~nt No. -9.
Executed this fif~een~h day of Ma~0h , 1966.
C~ OF D~Y-B~, ~ORIDA
MAYOR
RUSSE~ & ~ON, CONS~TI~ E~I~RS
~ ~ President
Assfs~nt S~
74-D
ORDINANCE NO. 14-66.
AN ORDIXq~NCE OF THE CITY COUNCIL OF. THE
CITY OF DEL~AY BEACHi FLORIDA, AMENDING
SECTION 29-7.1 (A) {1), CHAPTER 29 OF
THE CODE 0B OPJ)I~TANCES OF THIS CITY PER-
TAINING ~o'USEs PERMITTED IN THE C-1
LIMITED ~OMMERCIAL DI~TI{ICT,
NOW, THEREFORE, BE IT oRDAINED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Sect£on 29-7.1 (A) (1}, Chapter 29 of the
Code of Ordi~ances of the City. be and the same is hereby amen4-
ed to read as follows:
"sec. 29-7.1. C-1 limited commercial district.
(A) USES PERMITTED
(1) Any use permitted in the R-3 multiple
family dwelling district~ provided however,
that any dwelling~ structure of three or more
family units shall be allowed only as a spe-
Cial exception as provided in Sub-section
(14) of Section 29-7.5."
Ssction 2. That if any word, phrase, alause,
sentence or part of this ordinance shall be declared illegal
by a court Of competent jurisdiction, sUch record of i11egal-
· ity shall in no way affect the remaining portion.
PASSED on second and final reading in regular session
on this the l~th day of February , 1966.
ATTEST
/S/ R. D. Werthing
cij ......... ....
First Reading F~ebruary !~: _,1,966
Second Reading March 1~, 1966,'
ORDINANCE NO'. 17-66.
AN ORDINANCE OF THE CITY COUNCIL OP THE CITY OF
DELRAY BEACH, FLORIDA,. ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 46, DELRAY
BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXIST-
INGMUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE
BOUNDARIES OF sA~D~ C~TY TO INCLUDE SAID LAND; PRO-
VIDING FOR THE R~HTS AND OBLIC~ATIONS OF SAID LAND~
AND PROVIDIN~ FOR THE ZONING THEREOF.
WHEREAS, FRANK BLYMYER, is the fee simple owner of the
property hereinafter described, and
WHEREAS, FRANK BLYM~ER by his petition, .has consented and
given permission for the annexation of said property by the City of
Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been au-
thorized to annex 1ands in accordance with Section 185.1 of the city
Charter of said City granted to it by the State of Florida:
NOW, THEREFORE, BE IT ORDAINED BY~.THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described tract of land located in Palm Beach County,
Florida, which 'lies contiguous to said City, to-wit:
That tract of land, namely Lot 46, Delray Beach
Shores, per Plat Book 23, Page 167] Public
Records of Palm Beach County, Florida.
SECTION 2. That the Boundaries of the City of Delray Beach,
Florida, arehereby 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 Diatrict R, 1AA,'as defined by
existing ordinances of the City of Delray Beach, Florida.
SECTION 4. That the land hereinabove described shall im-
mediately become subject to all.of the franchises, privileges, im-
munities, debts (except the existing bonded indebtedness)., obliga-
tions, liabilities, ordinances'and laws to which lands ~n 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 com-
petent jurisdiction, such record of illegality shall in no way affect
the remaining portion.
PASSED in regula~ session on the second and final reading
on the lhth day of March- , 1966.
/~/ AI~ C. AverT .
ATTEST: M A Y O R
City Clerk
First Reading ~ebruary 25, 1966. .. second Reading Mar~h 1~,' 1966
ORDINANCE NO. 16-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE C~TY
'OF DELRAY BEACH, FLORIDA,-ANNEXING TQ THE CITY
OF DELRAY BEACH CERTAIN LANDS LOCATED IN'SEC~
TION 9, TOWNSHIP. 46 SOUTH, ~A~GE 43'EAST,' WHICH
LANDS ARE CONTIGUOUS~TO EXISTING MUNICIPAL LIM-
ITS OF SAID CIT¥~ RED~FINING THE BOUNDARIES OF
SA~D CITY TO INCLUDE SAID LANDS; PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LANDS;.AND
PROVIDING FOR'THE ZONiNG'THEREOF.
WHEREAS, THE WEDGEWOOD.CORPORATION is the fee simple
owner of the property hereinafter described except for that
portion comprising a public right-of-way identified as a portion
of Palm Trail, and
WHEREAS, THE WEDGEWOOD CORPORATION, by their Petition,
has consented and given 9~rmiSsi°n for the.~nnexation of said~
property by the City of Delray Beach, and
WHERE~S~ the City 0fDelray Beach has ~eretofore been.
authorized to annex lands in acuordance with .Section 185~1 of
the City Charter of said City granted to it by the State of
Florida;
NOW, THE.R~.FORE,' BE.IT ORDAINED BY T~E CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City~ouncilof the City, of Delray
Beach, Palm Bea~h CountY,. Florida,,~eby.an~exes~t0.s~£~ City -
the following described .tracts of f~a located in Palm :Bea=h
County, Florida, which lie contiguous to said City, to,wit:
Those tracts of land in Section 9, Township
46 South, Range 43 East, Palm Beach County,
.Florida~ described -as follows:
A. The South 250 feet of Lot 6, Subdivisio~ of
SeCtion 9, Township 46 South, Range 43 East,
lying East of McGinley & Gosman's Subdivision
and West of Canal, less Road right-of-way.
B. That portion of th9 right-of-way known as
Palm Trail lying between the South line of
Lot 6, Subdivision of Section 9, Township
46 SOuth, Range 43-East, .and South right- _.
of-way ii.ne of N. E. 8th Street.
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefinedso as to include therein
the above described tracts.and parcels of land, and said 'lands
are hereby declared to be within the corporate limits of the
City of Delray Beach, Florida.
Paqe ~. ORD~E ~0. ~6-66.
SECTION 3. That the'tract of land hereinabove first
described is hereby declared to be in Zoning D£Strict "R-3",
as defined'by ex~st.ing"ordinanc~s of the ~ity of Delray Beach,
Florida.
SECTION-.4. That 'the landshereinabove described shall
immed~atel,y, be~ome subject to all"of ~he franchises, privileges,
immunities, debtS~ Obliger:ions, l~ab. ilities, ord£nances end laws
to which land~ in the C~ty of Delra¥ ~each are now or may be, &nd
persons resi~ing thereon sh~ll be deemed citizens of the City of
Delray Beach.
S~CTION 5. That if any wor~, phrase, clause, sentence
or Part. of'~his ordinance shall..-he declared illegal by a court
of competent ~urisdiction, such record of illegality shall in no
way affect the remaining.portion.
Passed in regula~ session on the second an~ final read-
ing on the l~th. day of March , 1966.
MAYOR
ATTE ST:
/s/ ~. D. W~
Ci.t~ Clerk
First Readinq ~eb~uamy 25, 1966
Second Reading Ma?o~ 1~, 1956 ....
ORDINANCE NO. 18-66
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY B~EACH CERTAIN LANDS LOCATED ~N SEC-
TION 21~ TQWNSHIp ~6 SOUTH, RANGE 43 EAST, ~ICH
LANDS ARE CONTIGUOUS TO E~ISTING'MUNICIPAL LIM-
ITS OF SAID CITY; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND
PROVIDING FOR THE ZONING THEREOF.
W~EREA~, BAP~INGTON CORPORATION ia the fee simp!? owner
of the property hereinafter describmd, ahd
W~EREAS, MR. ROBERT B. REED, President and Sole Stock-
holder of BARRINGTON CORPORATION, by his Petition, has consented
and given, permission for theannexation 6f ~id~pr~perty ~ the
City of Delray Beach, and
WHEREAS, the City of Delray Beach ~as heretofore been
authorized to annex, lands in accordance with Se'orion i85.1 of
the City Charter of said City granted to it by the State of
Florida;
NOW, THEREFORE,'BEIT-ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA; AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City
the following described tract of land located in Palm Beach'Coun-
ty, Florida, which lies contiguous to said City, to-wit:
That part of Section 21', Township 46 South
Range 43 East, Palm Beach County, Florida,
bounded as follows:
On the East by the mean high water mark of
the Atlantic Ocean; on the West by the
right-of,way of State Road AIA (formerly
State Road. 140) as the same is provided for
by .the deed recorded in the Public Records
of Palm Beach County, Florida, in Deed Book
~ . .584, page 257; on the South by a line par-
allel to'and 2870 feet northerly from, meas-
ured at right angles .to, the South line of
Government Lot i of Section 28, Township and
Range aforesaid; on the North by a line par-
allel to and 3020 feet Northerly from, meas-
ured at right angles to, the aforesaid South
line of Government Lot 1 of Section 28, Town-
ship and Range aforesaid.
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby'redefined so as to include therein
~he above described tract of land and said land is hereby de-
C~far~d' ~O'b~' ~ithin the corporate limits of the' C.ity of Delray
Beach, Florida.
Page 2. ORDI~ANCE NO. 18-66
SECTION ~. That the tract of land hereinabove
scribed is hereby declared to be in Zoning District R-3, as
defined by existing ordinances of the City of Delray Beach,
Florida.
S~CTION 4. That the Ian~ hereinabove described shall
immedia%e~y become subject t~ all of the franchises, privileges,
immunities, 'debts (except the existing bonded indebtedness),
obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be, and. persona residing
thereon shall be deemed citizens cf the City of DeIr&y Beach.
SECTION 5. That if any word, phrase, clause, sentence
or .part of 'this ordinance shalI be declared illegal by a court
of competent jurisdiction, such' record of illegality aha11 in
no way affect the remaining Dortion.
PASSED in regular session on the second and final read-
ing on the 14th day of Mar~h , 1966.
/S/ Al.
MAYOR
ATT~-~T:
/s/R..9,
First Reading' ,Febr, uary ~.~..,. !~66 ' . ...
Second Reading Mamoh 1.~, 1966
I~SOLU~ION ~. 15~-66.
A RESOLUTION OF TEE CITY COUNCIL OF THE CITY
OF DRLRAY B~ACH, ~A, ~O~STI~ F~NANCI~
ASSIST~CE FR~ ~ U-S. A~Y E~I~ER
TRI~, JAC~0~LLE~ FL0~A, ~ ASSIST SAID
CI~ IN A~ATING CRITIC~ B~ EROSION "
PRO~S.
~S, this City has,' over the past ~ny years,
feted ~e loss of ocean fro~t lands by erosion~ and
~AS, the City of ~lray Beach, in 1964, contracted
wi~ Glaue Engineering Co~oration, ~neulting Engineers, s~.
Pe~r~urg, Florida, for ~e design of facilities to con~ol the
e=osio~ of ~e city ~aches, and obtained further invaluable ad-
vice from the ~part~nt of Coastal Engineering~ ~iversity
Florida ~ and
~AS, the preliminary desi~ ~rk has been comple~d
and said corporation is now. in ~e process of c~pleting' tinal de-
si~ plans and specifications, ~e cons~uction of ~ich is esti-
~d to cost approxi~tely $1,188,100~ anti
~8, ~he City of ~lray ~ach recently au~ori~d,
issued anti sold Cigarette'Tax '~ds an~ ear~rkefl $500,000
f~ts received for beach erosion control projectsr
~S, State R~d A-1-A (O~an ~ulevard) is lo.ted
~nti~ous to the saia ~unicipal beach an~ is ~ing pe~i~ically
~S, ~e' City of Del~ay' Beach is u~ab:le to finance
the ~ecessary protective measles alone and ~e City ~uil feels
~at ~e U. S~ ~y Eng-ige~ $iS~iCt' has'.'a debUg'its' .tinancial
retest and obligation in t~ protection of said m~icipal p~l~c
~a~h and the State highly adjacent theretot
~W~:T~FO~f ~ IT ~S~D~'BY ~ CITY C~CIL OF
~ ClPY OP DE~Y B~, FLOR~A, AS
SeCtion 1. ~e City o~ ~ay ~ach, Florida, hereby
req~e~s ~e c~peration a~. 'fina~ial,"-a~Sistance ~t...the U; S. Army
S~i~er Dis~ict, Jacksonville, Florida to assist ~is City in al-
leviating ~-e.,critic~k-'-~a~ e~sion 'p~blem ~ich ie':a~cting
municipal p~lic ~ach within ~e co~orate 'limits of ~is City.
~ction 2. ~at pavia M. Gatchel, CitY'~nager i~ aha
for the City o~ De'Ira~~ Beauh, Plortda, be'anti'he ~s hereby' au~or-
tzed to execute for and in behalf of ~e City any application ne-
cessary with the ~ackeonvi~e Offi~ of ~'~rps Of'.E~ineers for
the p~pose of obtaining ~e aforesaid U. S. A~y Engineers Distriut
fi~noial assistance.
PASSED A~ ~P~D in Tegular session ~is 14th day of
~rcb, 1966.
./S/ ~1, ~, Aver,y ......
MAYOR
ATTEST:
~ffS/ R. D. We~thin~ . .
City Clerk
7l~-K
ORDINANCE ' NO .' _~.3 - 66.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY,OF D~LRAY BEACH, FLORIDA, REENACTING
SECT~ION 17-28, CHAPTER t~ CODE ®F ®RDINANCES
OF SAID CITY,~MAKING IT-UNLAWFUL FOR ANY PER-
SON TO COMMIT:.WITHIN THE CORPORATE LIMITS' OF
THE CITY, ANY ACT WHICH IS OR SHALL BE RECOG-
-NIZED BY THE LAWS OF THE-STATE AS A MISDEMEANOR.
WHEREAS, a~ ~lleg&tion ham been raised in the Municipal
Courts of various South F~orida cities that certain state misde-
meanors cannot be prosecuted by municipalities.unless an ordinance
is passed subsequent to each session of the Florida Legislature
making it unlawful to commit within the corporate limits~'..O~ the
Ci%y,'any act which is ~r shall be rgcognized by the laws of the
State as a misdemeanor.; and -
WHEREAS, the ¢~ty Council deems it necessary to ~nact
Shis ~rdinance on a~_.eme~gency basis t~ insure the proper and ne-
cessary functioning of the Delray Beach Police Department, -
NOW,...THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF :~'
THE ~I~f OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That Section 17-28, Chapter 17, Code of Ordinances of
the City of De, lray~Beach, Florida, is hereby reenacted and shall
read as follows:
"I~ shall be mnlawful for 9~y..person to commit,
with'Ln the corperate..~imit.s of the e%ty, any act
which is or shall be recognized by the laws of
the s~ate.as~a misdemeanor, amd the c6mmi~sion
of such acts is hereby forbidden~ . ....
"Whosoever shall~vio.late .%he. provisions of
this
section., upon conviction thereof, shall be pun-
ished by the same penalty as is therefor provided
by the laws of the state, but in no case shall
such penalty exceed a fine of five hun~red..doll~rs,
or an imprisonment .f~r more thud ninety days, or
both such fine an~ imprisonment in the discretion
.... .~. of the municipal judge."
PASSED AND ADOPTED as an emergency ordinance this
day of Mar~h , 1966.
.~$/ Al. C. Avery
Mayor
ATTEST:
/S/ R. D. Wor~hing
City Clerk