05-23-66 119
MAY 23, 1966.
A regular meeting of the-City Council of Delray Beach was held in
the Council Chambers at 8:00 P.M., with Mayor Al. C.'Avery in the
Chair, City Manager David M. Gatchel, City Attorney John Ross Adams,
and Councilmen J. LeRoy Croft a~d Jack L. Saunders being present.
1. An opening prayer was delivered by the Rev. Byron S. Fruit.
1.a. T~e Pledge of Allegiance to the Flag of the ~nited States of
America was given.
X. Mayor Avery announced that Councilman Jurney is out of town on
vacation, and Councilman Talbot is ind~Sp'osed at his home for three
weeks.
2. The minutes of the regular meeting of May 9th, 1966, were unani-
mously approved,:on motion by Mr. Croft and seconded by Mr. Saunders.
3. Mr. Winston Keys of the St. Paul A. M. E. Church invited Mayor
Avery to give the welcome address at a special_meeting to be held at
their ChUrch the 4th Sunday in June at 2:00 P.M.
4. A roll call showed the follo~ing Civic Organization and representa-
tive to be in attendance.
Beach Taxpayers League, Inc. 'Mr. J~Watson Dunbar
5. City Clerk Worthin~read the following letter from .the Delray Beach
Chamber of Commerce, dated May 12th, and signed by 'Mr. LeRoyMerritt,
President:
"It took several years and'a great deal of'persistence on the
part of many; many people, but the widening and beautification
of West Atlantic Avenue has finally become a reality.
With the formal dedication completed, the work of the Chamber
of Commerce Beautification Committee is nearly finished and
with this letter we present to the city the results of the
dedicated effort of numerous organizations and individuals.
Please express our sincere appreciation to your Beautification
Committee for their assistance and cooperation in making this
project a success."
5.a. Mayor Avery reported to Council as follows: "Mr. A. H. Hollid~y,
Principal of Carver High School, phoned me, requesting permission to
mail a limited number of solicitation letters, seeking financial as-
sistance to enable the High School to acquire athletic equipment
urgently needed for summer recreational programs for school children.
I believe it may be the pleasure of Council to wmive any require-
ments which may be contained in Chapter 18 of the Code of Ordinances
as applicable to solicit~tion and grant this request." It was so
moved byMr. Saunders. The motion was seconded by Mr. Croft and
unanimously carried.
6.a. Regarding proposed Change Order No. 1, affecting Bumby &
Stimpson's contract, City Manager Gatchel reported to Council as
follows:
"Change Order No. 1, affecting Bumby & StimpsOn's contract for
Areas 20 and 22, is primarily due to abnormal circumstances,
not anticipated in the original survey and bid solicitation
'for sewer collection line installation along S. W. 2nd Street
between 7th and 15th Avenues. ~ese conditions are set forth
in the Project Manager's letter attached to said change order,
"which accompanie~th6 agenda, and result in additional cost~
of $1,505.00.
Change Order No. t further-provides sewer tine extension of
270 feet on'S. W. --2nd Court between 7th'and 8th Aven~es, 'ap-
proved by Council at its last regular meeting on-May 9th, and
reflecting an estimated cost of' $2,300. These additions, to-
taling $3,805.00,~ havebeen agreed to by the contractor-and
the Consulting Bngineers, and Council approval of said Change
Order No. I ~$, therefore, recommended."
The City Manager furtherreported that the anticipated revenue from
the extension of these areas is well ~within the limits of the financial
formula established by Council, and that he recommends that said Change
Order No. 1 be approved.
Said Change Order No. 1, affecting Bumby & Stimpson's contract for
sewer collection~li~e construction in Areas 20 and~ 22 was unanimously
approved on motionbyMr. Croft an~ seconde~
(Copy of said'~hange. Or,er No. ~ ia attache~ to the official copy of
these minutes.) See pages
6.b. City Manager Gatchel read the following letter fro~M~. J,-E.'
Corbett, Assistant Vice.President of the Florida Bast Coast Railway
Company: .....~ -' -
"City of Delray Beach Resolution No. 21-&6, passed and
on May 9th, 1966, is acknowledged.
Ra£1Way Station buildings will be cleared of all¥items Ra.ilway
expects to .retain, whereupon the City may proceed in accordance
with the Resolution.
We are hopeful of havingthe buildings Vacated on or about June
1st, 1966, ~an~it will'b& satisfactory for .the. City to tentative-
ly schedule the razing of the structure su~sequent~to th&t ~ate."
The City Manager i~formed Council that since Re~lution NO. 21-66
has been gub~iUize~ he':.has had several contacts from ~eople in the
business of razing structures for their salvage value plus some a~di-
tional monetary consideration.
The ~City Man, get Continued= "When-we do get the final approval of
the railroad' to start the razing o~ the~e buildings it would certainly
be my recommendation to you Gentlemen of .Council that we consider ask-
ing for quotations or bids on the removal of these structures, and
plan to ~o it on a contract basis in which the City woul~ b~ saved
harmless from any'injury sustained during demolition. I would like
to offer this for your consi~eration at this time."
Following ~iscussion, Mr~ Cro~t moved to agpr~ve the reuommen~a-
tion of the City Manager, the motion being, seconded by M~. Saunters
and unanimously carried.
7.a. City Clerk wOrthing informed Council that a petition has been
received ~or:permit to-conduct a Children~.s NurseEy SChool or Care
Center at 24 S. W~ 8th.COurt, 'being ,the We~t 50 feet of-Lot 6 and
East 20 feet of Lot 5~ Block 3~-Bellview Manor S/D~ which area is
classified R-lA (Single ~am~ly Dwelling District)~ further', that
Council may de~y this request or r~fer sameto the Planning & Zoning
Board for a pub!ic hearing to ~e held thereon, and, as a result 'there-
of, the Board's recommendation relative to the request should be made
to Council.
Mr. Saunders moved that. said petition be referred to.the Planning
Board' for Pu~l~c"~Hearing and recommendationto Coun~il,- the motion
being Seconde~ by"Mr. ~ro~ ~nd unanimously carried.-
-2- -5~23-66
8.a, City Clerk-Worthing presented. RESOLUTION'NO. 23-66,.
A RESOLUTION OF THE C~ITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA,. REOU!£!~G- P~.L~NS, v SPECIF~ICATIONS. AND
ESTIMATE .OF .COST.TO FILL, ~GRADE AND.~PAVE THAT PART OF
S. W. llth AV~NUE LYING BETWEE. N 2nd AND 3rd S.THEETS.
(Copy of'Resolution No.. 23-66 is attached to the' '.official co~y-
these minutes.) -See ~age 12D~-D~.' .. .,
Resolution No. 23-66 was unanimously passed and adopted on this
first and~ final ~reading, on motion by Mr. saunders and se~On~e~ by-
Mr. Croft.. -
8.b~ City Clerk worthing presented RESOLUTION NO. 24-66,
A REsOLuTION OF TH~ CITY COUNCIL-OF THE CITY .OF .DELRAY
BEACH, FLORIDAf ORDERING~ THE FILLING, GRAD/NG AND PAVING
OF THAT .'PART OF' S. W..11th-AVENUE LYING BETWEEN 2nd AND.
3rd .STREETS.
(Copy of Resolution No. 24-66 ia attached to the official copy of
these, minutes. } See 9ages I~~.
Resolution No. 24-66 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Croft and seconded by Mr.
Saunders.
The City Clerk informed Council that there will be a public hearing
on Resolution .No. 24-66 at ~the regular meeting..o~ June 13~, 1.966..
8.c. City Clerk Worthing presented RESOLUTI0~ NO. 2§_-6~.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH REQUESTING THE FLORIDA .BOARD OF CONSERVATION TO
TRANSFER FUNDS, IN, THE AMOUNT OF $50,000.00, PREVIOUSLY
ALLOTTED FOR .BEACH RESTORATION PROJECTS FOR THE SHORE-
LINE OF DELR~Y.BEACH, FLORIDA. --
(copy of..Resolution No. 25-66 is ~attached to .the official copy of
these minutes.) See 9a~e 12~-E.
Resolution No. 25-66-was unanimously passed and adopted ~n' this?
first and final reading, on motion by. Mr; Croft an_d. seconded .b.y Mr.-
Saunders.
MaYor~ A~ery-complimented City Manager Gatchel on his efforts in
obtaining .this financial assistance for the beach erosion project.
8.d. The City Clerk presented ORDINANCE NO.. 35-66.
AN ORDINANCE OF T~E CITY COUNCIL OF THE CITY. OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
CERTAIN LAND, NAMELY LOTS 1, 2, 3, 4 and §, BLOCK
ROYAL PALM GARDENS PLAT. NO. 3, WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF.-~AID CITY= REDEFINING
THE BOUNDARIES OF SAID CITY TO ?INCLUDE SAID LAND~ PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND= AND
PROVIDING FOR THE ZONING THEREOF. 1645 North Federal Highway
(Copy o~ Ordinance No. 35-66 is attached to the official copy of these
minutes.') See.pa~e llS-T.
Mr. wilI.iam H; Murtha, 1202 N. E. 9th. Avenue, objected to the pass-
age of Ordinance No. 35-66, .and also objected-to three'other~ parcels
of land 'adjacent to North Federal Highway being in the City, as he said
they are not. contiguous to the City.
'122
Mr, JOhn Wilmer, Secretary of the South Palm Beach County ?axlPayers
League, qskedif the..property.~represented'in ~rdinance
made contiguousto the City of DelraY Beach by annexationof North
Federal Highway, 'and City AttorneyAdams said that was true.
The City Attorney~a~so pointed out that a~--.thc present time there
is no law:whiehi'a~gws.~.ci~y:t°- involuntarily..annex property~without
Mr. Art Smith, Director of Planning, Zoning and'Inspection; inform-
ed Council that he had conferred with the County Zoning office and re-
viewed the count~_, zoning in the.suhject~area~ further,.that the County
has a C-2 zoning on said. Lots 1, 2,. 3 and 4,-and an R-3 type zoning on
Lot 5- ,Mr,.Smith recommended that the,Council go along.with the zoning
plans of~.the. CountF on this p~ogerty~ Mr. Smith also informed Council
that he:had conferred today, with the developer of the property;' that
the recommende4 zoning.would not hindem the proposed development of
said property, and that the.developer does not object to the change
of zoning for Lot 5.
Ci~Y-,Attorn~y-Adamsr~:ommented as. follows: "If the property owner
does not. object, I can't.see how any one else could object'to Lot 5
being changed to R-3. We.are allowed to amend OrdinanCeswhere there
is no substantial change~ and this just affects 'the back lot. 'There
could be a motion.to PaSs Ordinance No. 35-66 on second and-final
reading, with the provision relating to zoning being changed that Lots
1 th~u 4~,o~ly.,be 'zoned C-2 and ~ot 5~being zoned R-3." ~t was so'
moved by.Mr.-,C=oft-a~d-.seconded by Mr. Saunders,
Following further discussion, and. upon call of ro11,, themotion to
pass Ordinance No. 35-66 was unanimously carried,
10.x. City Manager Gatchel reported to Council as follows: "Council,
on April 26th, 1965, ~unanimously approved ~the Preliminary Plat of
Su4an S/D, and gave ,t~ntative approval of the Final Plat titled Unit
'~A" t~ereof. One provision of the approval, as specifically stated
by council-and contained~in the _minutes of the meeting is as follows:
'That the City shal!..pay.that portion of costs incurred 'in water main
extension.ins~allatioD-from Atlantic~Avenue to the South limits of the
Subdivision, ~which portion shall be equal to three and one half times
the anticipated revenue from platte~ Unit.~"A",' being in the.amount of
$5,040.00, payable upon completion of the main extension installation,'
This main extension has been installed, in its entirety under the
inspection of the City Engineer. Itches been pressure tested and
sampled, and also approved by the State Board of H~alth. It is now
recommended that the r~quest of Mr.-Ambrose,:the d~eveloper~of this
Subdivision, that the-amount of $5,040.00 be refunded~ This item
will come from the Water Fund ACcount No. 915 440 645 which is the
budgeted capital expend~tureaccount for the'inst~llat~on of new .mains.
I feel-that Council action as of
I would like to call ~his to your attention at this time and advise
you that--we, plan,, withymur-'approual at tkis...time~-to forward a check
to Mr. Ambrose."
Mayor Avery said that action of a previous Council'had-taken care
of this item, and that he and Councilm~n'~Croft'and Sa~ndersare in
agreement with that action.
10.x. City:Manager Gatchel read the following memorandum from the
City Engineer, dated May 23, 1966:
"Subject: Beach Revetment Construction Report o~ Week ending
Friday,. May 20, 1966.
Project Starting bate - May 14, 1966
Scheduled Completion Date - August 11, 1966
Lapsed Time To Date of This Report - 7 days
As of the date of this report, F.rid~y, Ma.~ 20,. 1966, the pre,
resting work has consisted of approximately 900 waffle ~labs
and 220 panel slabs for the toe wall, with additional pouring
as necessary to take care of the end walls or tie-~nsJ
123
"Percentage wise,- about 59% of 'the pre-cast toe wall panels have
been poured as against o~ly 4.5% Of the waffle sections.-
A total of about 20,000 ~affle--sections must be poured, which
divided by ninety days-mea~s ~hat ~pproximately'-220 9er day
must be produced. Production started slowly and is presently
built up to about 150 sections per day. I do not anticipate
any difficulty' in the ~chedule of-pre-casting slabs.
It is my opinion that the driving of piling forthe ~0e wall
and'placement of-the slabs for this~toe wall may~e the re-
stricting factor in the amount of wall that can'be ~uil~ in
the prescribed ninety days. Therefmre, al~ efforts have been
made to hurry the contractor in starting this operation. It ~is
presently scheduled that a crane wi~ be move~ in'on Monday, May
23rd and t~e operation of driving piles started immediately.
A cran~ was mo~ed ~in last week and'rigged to begin the operation
of salvaging the heavy Stone rubble placed against the berm of
the State Highway north of the public beach. This rubble is
~eing placed near the'north end of the operatio~ where'it will
be available as needed.
Independent tests, Conducted by this office, with re~ard to the
structural strength .of the concrete bein~ provided ere-being
carried o~ by means of a Schmidt Test-Hammer. These :teSt~ in-
dicate a satisfactory breaking-strength for concrete in all
pre-casting work."
The City Manager reported tha:t the firs~ "H" piling for'toe'wall
construction w~s' driven"todsrg~ further, that'Glace Engineering Cor-
porationwas represented in Delray Beach last Monday by the President
and Vice President, and'b~ another representative of the Firm-on
Thursday, in addition to'their~inspector o~ the :'job.
Said report was unanimously accepted, on motion by ~r. Croft and
seconded by Mr. Saunders.
Mr. Saunders asked that' the weekly progress reports be mailed to
Mr. Talbot. ." ~
10.a- City Clerk Worthing presented Billsfor Approval as follows=
~eneral Fund $ 218,213.10
Water Operating &M~intenance.Fund 4,886.48
Water Revenue Fund .' 161,368~08
Refundable Deposits Fun~ -' ~9,835.68
Special A~sessment Fund. ' --'4,9g0.36
Improvement Pund ' '.194~82
Interest & Sinking Fund - Water--& Sewer Revenue Bonds 182,593.75
Utilities'Tax Certificates-Prin.& Int. Redemp~ic~ Fu~d .~3,9~0.00-
Cigarette Tax F~nd .'~0,666.25
Sewer Revenue Fund -~ -. ~.: . 70,000.00
Sewer Const~uction TrUst Fund '' - I24,2t9.52
The bills were unanimously ordered patd, on motion byMr. Saunders
and seconded by Mr ;- Croft.
The meeting adjourned at 8=53 P.M.
.. . R..D. ~ORTHING'
'CitY Cler~
APPROVED=
- -5- ' 5-23~66
~.
CITY OF DELRAY BEA~i
PAL~' BEACH CO~fTY,'.FLORIDA
PROJECT 'NO;
' AREA : 20 ' and , 22
CHAN~E OP~ER 'NO; 1
This .agreement entered into this day o£ ,
1966, by and between the CITY OF DELRAY BEA~/, PALM BEACH COUNTY,. FLORIDA,
as party o£ the FIRST part, and BUMBY ~ STI~SON, 'INC, as party of the
SECO~. part, ~he snne being a change or supplement to a certain C~tract by
and between the Parties aforesaid, dated March 28,. 1966 for~e cOnstruction
of a Se~.age Works' Project in Area 20 and 22 of the CITY OF DELRAY BEACH,
PALM BEA(~
WITNESSETH:
I. ~HEREAS, the party of the FIRST'Part desires to nnend the
Contract to provide for the addition of certain, se~er lines,
and appurtenances,
- and -
~HEREAS, the Party iof the FIP~T part desires to. construct a
sewer on S. W. 2nd Com-t bet~een'S. W. 7th AvenUe and S. W. '
8th AvenUe,
o and =
~tEREAS, the party of the'FIRST Part desires to add an item
to the Contract, for the' ~urnishing and installation of 1S" x
6" wyes,
- and =
~HEREAS, the party of the FIRST Part desires to add addi-
tional miscellan~ concrete f~r the encaS~nt of such
I~IIilAS, the' w/~s' nml'~]~e ceelerete, a~, ~n .the best' Jud~nent
oiy~r .e~fineers,'..~e~saey.to:'pt~vid~ a first class se~er .
II. THEREFORE, the'partyof the SEC~/D part .agrees to construct the
additional items as detailed in Appendi~ "A", furnishing all
necassar~ labor, material, and supplies, at the unit contract
bid prices for all items e~cept the 15" x 6" wyes. As these
~/es are a ne~ item not in.the original Contract, they will be
furnished at the negotiated price of $35'.00 each. This price
is the same as the'unit bid price for 15" x 6" yes in the
contract for Area 11. The total addition to this Contract will
be Three Thousand, Eight Hundred and Five Dollars ($$,805.00).
III. It is further .agreed and understood that the Contract time will
not be extended, and that this change Shall not alter in any
manner the force and effect of the original Contract dated
~arch '28, 1956, and the Same Shall stand in ffull force and
effect in all respects except as amended by this .agreement.
Recommended for Approval:
R~SSELL ~ AXON, C(~SULTING
ENGINEERS, INCORPORATED BU~Y ~ STII~SON, INC.
~ Accepted:
'CITY OF DELRAY BEA(~I
Approved as to for~: PAI~I BEACH CoL~TY
DELRAY BEACH, FLORIDA
By
City ittoz~ey ByI'
~a¥or
City Manager
Attest:
By", .......
City Clerk
~PP~NBIX "A"
TO
C~-L~E 'ORDER NO; I
CITY OF DELRAY BEACH
pROJHCT NO, 596~{-8-b
AREA 20 'and' 22
1. Sewer line in Si'#, 2nd Court:
270 lineal £eet o£ 8" sewer line in 0 to 8' cut with ten 6"
house services, and one standard manhole, together with
necessary pavement replacement, at unit contract bid prices.
Estimated Cost ........ ~ . . ~ ......... ' $2,300.00
2. Furnish and install t~enty-three' 15" x 6" ~es @$35.00 each . 805.00
3. Furnish and place 20 cubic yards o£ ~iscellaneous concrete
at unit bid price o£ $35.00 per cubic Yard .......... '. 700,00
Total Cost $3,$0S.00
This Appendi~,Consisting of one (1) page, is .agreed toby the.Contractor
and theConsultiag EngineerS.
RUSSELL t AXON, CONSULTING ·
ENGINEERS , INCORPORATED BL~By ~ STI~SO~, INC. '
Proj ec~l~ager
RESOLUTION NO. 23-66.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REOUIRING
PLA~S, SPECIFICATIONS AND ESTIMATE OF
COST TO FILL, GRADE AND PAVE THAT PART
OF S. W. llth AVENUE LYING BETWEEN 2nd
AND 3rd STREETS.
WHEREAS, the City Council of the City of Delray
Beach., Florida, may deem it to be necessary for the safety
and convenience of the public to fill, grade and pave that
part of S. W. llth Avenue lying between 2nd and 3rd Streets,
to a width of twenty-four (24) feet, the City of Delray Beach,
Palm Beach County, Florida, to share in the cost of such im-
provement with the owners of lands abutting thereon;
NOW, THEREFOP~, BE IT RESOLVED by the City Council
of the City of Delray Beach, Palm Beach County, Florida as
follows:
Section 1. That the City Manager be required to
submit plans, "specifications and an estimate of the cost of
such improvement to be, made, and that the same shall be pla~ed
On file in the office of' the c~ty Manager.
PASSED AND ADOPTED by the City C°uncil of the City of
Delray Beach, Florida, on this the 23rd day of May, 1966.
.,/, ..............
ATTEST: ·
I i /~S/ R~. D. Werthing , City Clerk
RESOI'.t.,'TION ~0. 25-66.
A ~ESOLtJTXON o~' ~ CZTY cotmez~ oF ~
BOA~ OF CONSERVATION ~ T~NSFER F~S. IN
~ ~ OF $50,000;00, P~OUSLY ~-
TED FO~ BEACH ~STO~TIO~_ Pa~S F~ ~
~O~LX~ OF D~Y BEA~, FL~R~A.
~S, th~ City CO~eil .of ~e CLty o~ ~lray
Bea.oh, Florida ~i~ on the 13~ ~ay of August, A.D., 1~65,
approve ~ach restoration projects for the shoreline of the
City of '~'lray Beach, Florida~ an~
~S, ~e total uost of this project is esti-
mate~ ~o be $500,000~
~S, local support funds ~f~r t~se projects
are now in han~
NOW T~~ 'BE IT RESOLED, by the Cit~ ~uncil
of the City of ~lray Beach, Florida, that it ~oes hereby
quest that the 8tare' Boars of COnServa~on of ~e S%ate of
~lori~a, authorize paint from the Erosion Control ACCoun~
in %he Genera1 Revenue ~un~ of the S~ate of Florida, the s~
of $50,000 as the State's contri~uti~n to the total cost for
the construction o~ ~ese proJects~ the warrant for such pay-
ment to ~ made payable to the City Council of the City of
Delray ~ach. Florida.
PAS~D A~ ~P~D ~is 23~d da~ of ~y A.D., 1966.
CI~ CO~CIL OF T~ C~Y OF
By.. /S/_A1. O. Avery
MAYOR
ATTEST:
/S/ R. D. Worthing
...... dity eler~ ' '
RESOLUTION NO. 24-66.
A RESOLUTION OF THE CITY C0~NCIL OF TS CITY OF
DELRAY BEACH, FLORIDA, ORDFA~ING THE FILLING,
GRADING A~ PAVING OF THAT PART OF S. W. "11th
AVENUE LYING HETWEEN 2nd ~ND 3rd STREETS.
WH~P~EAS, the City council of the city of Delf~y Beach,
Florida, did, on the 23rd of May, i966, adopt Resolutlon No. 23-66
ordering ~he City Manager to prepare plans and specifications,
gerber w~th estimate of cost of fi!ling, grading and pavi~g of that
part of S. W. llth Avenue lying between 2nd and 3rd Streets, to a
width of twenty-four' (24) feet, and =equiring said plans, specifi-
cations and estimate-of cost of such improvement to be placed on
file in the office of the City Manager, and
W~EREAS, the City Council deems it to be necessary for the
safety and convenience of the pubIic"to fill~ grade and pave said
street,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Delray Beach, Florida, that it is determined to make the
following described improvement, to-wit:
To fill, grade and pave that part of S. W.
11th Avenue lying between =nd and 3rd Streets,
to/a width of twenty-four (24) feet,.., the to~al
cost, as.estimated~ ~0r such. improvement being
~6~t000.00.
BE IT FUBT~E~ R~$OL%~D that the entire cost of such improve-
ment shall be Shared by the City of Delray Beach, Flori, da, and the
following described properties in DelraY Beach, Palm'BeaCh"C6 ~u~ty,
Florida., On ~ basis of the City of Delray Beach pay!n~ twenty
per cent of the cost of said improvement and the abutting prope~.t.y
owners, said properties shown below, paying eight~' (80) per cent- of
said total cost, by special assessment.
SUBDIVISION BLpCK LQT ~
Atlantic Gardens 7 13
.... 7 14
' :' " 7 15
" " 7 17
.... 7~ 18
" " 7 19
.... 7 20
.... 7 21
.... 7 22
" " 7 23
.... 7 24
.... 10 1
" '" 10 2
.... 10 3
.... 10 4
.... 10 5
" " 10 6
" " 10 7
" " 10 8
" " 10 9
.... 10 10
" " I0 11
.... 10 12
Page 2. RESOLUTION NO. 24-66.
said benefits to be determined and prorated according to the front
footage of the respective prope~ties as set forth immediately above.
BE ZT FURTH~R~RESOLVSD that said spec~sl assessment against all
the parce!s of lands as set forth a~ove which are specia11Fbene-
fired, shall be and remain liens superior in dignity to all other
lie~s, except liens ~or taxes, until paid, from the date of the
assessment upon the respective lots and parcels of land assessed,
and which shall bear interest at the rate of eight (8) per cent
per annum, and which may be paid in three (3) equal yearly install-
ments with accrued interest on.all deferred payments'. Payment shall
be ma~e at the same place that taxes.payable to the City of Delray
BeaCh, Florida, are paid, namely the office of the City Tax Collec-
tor, and upon failure of a~y property owner to pay the annual l~-
stallment due, or any annual interest upon deferred payments0 the
City o~ Delray Beach may bring necessary legal proceedi~gs by a
Bill in Chancery to enforce pa~ment thereof with all accrued in-
terest, together with al! legal costs incurred, including a reason-
able attorney's fee. The total amount of any lien may be paid in
full at any time with interest from the date of assessment.
IT ZS O~DBRED that the City Council shall sit at the City ~all
in the City of Delray Beach, ~lorid&, at 8=00 P.M. on the 13th of
J~e, 1966, for the purpose of hearing objections, if any, on said
proposed improvement, as set forth above.
~A'SSEDANDADOPTED.bythe City Council of the City of Delray
B~ach., Florida on this the 23rd day of May, ~966.
~s/ Al. C. A?emy
MAYOR
ATTEST:
/8/ B. D. Werthing
City ~ler~
124'H
ORDINANCE NO. 35-66.
AN 0 .~DIN~NCE OF THE CITY COUNCIL OF T~E CITY OF
DELR~Y BEACH, FLORIDA, ANNEXING TQ. THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOTS l, 2, 3,
4, and 5, BLOCK A, ROYAL PALM GARDENS PLAT NO. 3,
WHIC~ LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY~ REDEFINING T~ BOUNDARIES O~
SAID 'CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING
FORT HE ZONING THEHEOF~
WHEREAS, LUM'S INCORPORATED, is the fee simple owner of the
property hereinafter described, and
WHEREAS, LUM'S INCORPORATED, by its 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 author-
ize~ to annex lands in accordance with Section 185.1 of the City Char-
ter of ~aid City granted to it by the State of Florida:
NOW, TitEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
ciTY OF DELRA~EAC~, FLORIDA, AS FOLL~S:
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 Pall Beach County, Florida, which
lies contig~ous to said City, to-wit:
LOts 1, ~2, 3, 4, and 5, ..Block A, ROYAL PALM
GARD~NS~PLAT NO. 3, per Plat Book 21, Page 57,
Public Records'of Palm Beach County, Florida.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are..herebY redefined so as to include therein the above de-
scribed tract of land and Said land is hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That Lots 1, 2, 3 and 4 in the tract of land
hereinabove described shall be declared to be in Zoning District
and Lot 5 of said tract be declared to be in Zoning District R-3, in
accordance with zoning classifications as defined by existing ordi-
nances of the City of Delray Beach, Florida.
SECTION 4. That the land hereinabove described shall immedi-
%rely become subject to all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be, and persons residing there-
on 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 compe-
tent Jurisdiction, such record of illegality shall in no way affect the
remaining portion.
PASSED in regular session on second and final reading on the
23rd day of May,. 1966.
/S/ Al. C. Avery
A~ST~ ~ A Y 0 ~
/S/ R. D. Worthing
' ........ 6kty Clerk
First Reading .Ma~ 9~.. 1966 .~ Second Reading Ma~ 23, 1966