08-22-66 AUGUST 22, 1966.
A regular meeting, of the City Counc£1 of Delra~ Beach was held' in
the Council Chambers at 8200 P,M., with Mayor Al. C. Avery in the Chair,
City Manager David M. Gatchel, City Attorney John Ross Adams, '-and Coun-
cilmen J. LeRoy Croft, James H. Jurney, ~ack L. Saunders and George
Talbot, Jr. being present.
1. An opening prayer was delivered by the Rev. Donald Wa-ldron.
1.a. The Pledge of Allegiance.,to the Flag of the united~states of
America was given.
2. The minutes of the regular Council meeting of August 8th and special
meeting of August 11th, 1966, were unanimously .approved, on motion by
Mr. Croft and Seconded by Mr. Jurney. . ·
3. Mr. Andy Gent, 11 N. W. 'lSth Street, informed Council that approxi-
mately six weeks~ ago he had written a -letter to the City Clerk~ sending
a copy of same to the City Manager, in regard to Mr. J. /4..Callaway,
1901 N. W. 2nd Avenue, parking a burial vault truck in his yard for
about eighteen months following passage of. an ordinance restricting the
parking of such a vehicle in a residential area.
Mr. Gent said that the truck was not parked at that location for
about a two weeks period of time following his complaint, but that it
is presently'parked there and that he desires enforcement, of the ordi-
nance prohibiting same.
Mayor Avery directed the City Manager to investigate this complaint
and' if there is a violation of a City ordinance, to abate the nuisance.
He also suggested that the Chief of Police direct a police officer to
investigate this complaint and give the truck owner a warning.
3. C°l. Ellis F..Altman, County Civil Defense Director, presented the
City with a Federal warrant in the amount of ~13,855.75 covering the
cost of clearing up after Hurricane Betsy last year.
Col. Altman commended the City of Delray Beach on their very good
accounting records.
3. Mr. ~ohn Sword of Breezy Ridge Estates informed Council that during
the reconstruction of West Atlantic Avenue some of the street signs for
their subdivision had been removed and not replaced.
City Manager Gatchel informed Council that materials for street
signs are on order and signs for that subdivision will be taken care of
upon receipt of those materials.
4. A roll call showed the following Civic Organizations and represent-
atives to be in attendance:
Bree~.y Ridge Estates Mr. John Sword
Board of Realtors Mr. Andy Gent
Beach Taxpayers League, Inc. Mr. J. Watson Dunbar
Planning Board Mr. Kenneth Jacobson
X. Mayor~ Avery recognized the presence of Mrs. James H. Jurney and also
a daughter of Mr. & Mrs. Jurney, Mrs. Judy Cassell of Freeport.
5. City Clerk Worthing read the following PRESS RELEASE by Mayor Al. C.
Avery, dated August 22nd:
"Mayor Al. C. Avery wishes to announce that the City Council of
Delray Beach has finished its work on the budget and that there
will not be any necessity for a millage increase.
While the budget does not have any ~fat' in it, it is adequate
to operate~.~this City in a businesslike manner. It does not use
the subter~ge of letting equipment run. down just for the sake
The City Manager, Mr. DaVid Gatchel, had presented to us a very
austere budget, which did not require any millage increase.
However, the City Council felt that certain items were necessary,
and we increased his request .of $1,701,466 to $1,764,814, or a
total of $63,348.
This increase includes a new street sweeper~ 3 men on the Fire
Department to help hold our wonderful Class 5 fire insurance
rating! a vice control man on the Police Department, which would
keep faith with our promise to State's Attorney' Hr. Tom Johnson,
that we would do anything within our power to prevent big-time
crime from moving into our area~ an increase to the Library of
$2,864 over last year~ a truck and two packer bodies for the
Garbage Collection Department~ and 6_new police cars, end we
still held the tax line.
We personally feel that this budget is adequate in every way to
furnish the services, which are required in this.City. We feel
that the citizenS' Of Delray Beach can be proud of its adm~nis-
tration and its City Council in the results which, we have
comPlished."
5. The City Clerk read an invitation to the Council to-attend:~.
Commissioning Ceremony of th'e' Junior Naval Cadets' at 3:00 P.M., August
28th, 1966, at the Catherine S. Strong Community Center.
5. City Clerk Worthing read the following letter to City Manager
Gatohel from the Delray Beach Recreation Club, Inc., dated August 13th:
"It is a pleasure to inform you that our Board of Directors, in.
appreciation of many past favors and assistance rendered to our
club by the City of Delray Beach, have voted unanimously that
certain items now owned by the club will be donated, cost free,
to the ~/ty of Delray Beach to be Used in furnishing the new
Adult Recreation Center.
The items to be donated will consist of the following:
1. One aud£torium type electric clock.
2~ One complete Public Address System, including microphone
and stand, inside and outside loud speakers, phonograph
turn-table for broadcasting phonograph records, plus a
supply of records.
3. One nylon rug.
4. Set of dining room cutlery.
5. Quantity of folding chairs.
6. Quantity of aluminum folding tablee.
7. Portable sectional stage platform.
This will not include any items used in playing the game of
shuffleboard, or items used in the maintenance of ShUffleboard
courts."
5.a. Mr. jurney said that the fresh pineapples on the council table
had been given to the Council through the courtesy and generosity of
Mr. George Morikami of Delray .Beach to remind the Council of an
almost forgotten era when Delray Beach depended upon the harvest of
pineapples. During comments about how'pineapples grow, Mr. Jurney
said that Mr. Morikamt wanted to remind the City that there is a
definite opportunity for the return of pineapple growing in this
area.
5.a. Mr. Jurney referred to an unsightly condition existing on the
north side of West Atlantic Avenue near the E-4 Canal where debris
and junk a~'e ba/~lg
City Attorney Adams informed Council that said property is not
within the City limits.
Mayor Avery, with'.Council consent, directed the City Manager to
endeavor to get this unsightly condition eliminated.
5.a. ~yor Avery reminded,Council of a meeting at 7':30 P.M., Tuesday,
August 23rd, with ~he fiscal agents and consulting engineers per~aining
to Water Works ~provement and ?reatment Plant, and with Council con-
sent, called said meeting as a'special Council meeting.
6.a. Regarding reduction of retainage on'Dixie Asphalt Company's paving
contract, City Manager Gatchel informed Council that the contract With
that company for providing 10,000 tons of asphalt~pavement replacement
in conjunction with the Sewage Works Project is approximately fifty
per cent satisfactorilY'completed~ further, that it is, therefore, re-
commended that the request of said company for reduction of the re-
tainage'from 10% to 5% be granted, in accordance with paragraph
~-~' Section 7 of the General Conditions of their contract.
The request was unanimously granted, on motion by Mr. Talbot and
seconded by Mr. Jurney.
6.b. Regarding lighting of Tennis Courts, City Manager Gatchel reported
to Council as follows: "Based upon plans and specifications prepared
by Mr. Ken Jacobson, the following bids for lighting the t~nnis courts
have been received:
Russell W. Jennings $4,122.30
Sam's Electric 4,748.00
Service Electric Company 4,962.00
It is recommended, and concurred in by the Director of Parks and
Recreation, that the low bid be accepted."
Mr. Croft moved that'the '1ow bfdof Russell W. J~nnings'in .the
amoUZlt of $4,!22.30~be'ac~epted.'The ~otion was Seconded by Mr. Talbot
and carried unanimously.
6.~. City Manager Gatchel made the following rePOrt on the cost for
rehabilitation of the old sewer system= "FrOm Apr~l 1, ~966'%o,August
11, 1966, there has been expended $10,714.52 for rehabilitation of the
old sewer system by City forces: .
Foreman $ 1,210.74
Equip~ent Operator 1,249.24
Labor 1,755.54
Construction Material 6;225.92
Social Security Expense 177~01
Insurance Expense 96.'07
$101714.52
This expenditure brings the .total cost for rehabilitation to $20,252.56"
The City. Manager referred t9 a memorandum from the City Engineer,
dated August l~th, 1966, which' is the final detailed report on the
- rehabilitation of the old sewer system.
Mr. Talbot con~ratulat~the..Adm£ni~trati0n, and particularly City
Engineer Fleming, for the W°nd~ful' J6b dona on the old sewer system.
6.d. Concern~g increase of fees for use of the East Side Pool and
tenn~ courts, the following report w~S su~itted:
"It is the recommendation of the Director of Parks and Recreation,
concurred i~by the Director of Finance, that fees for use of the
East Side. Pool and the tennis courts be a~justed as follOwS:
~AST .SIDEPOOL
Daily Admission:
Children (17 & under) $ .24 + .01 tax = $ .25
Adults - .48 + .02. tax = .50
It is ~'ls0 recommended that mult~pie swim cards be eliminated.
Daily Fee~
Children (17 &under) $ .24 + .01 tax ~ $ .25
Adults 1.00 + ..03 tax ~ 1.03
--3- ~-22-65
Yearly Membership:
Junior (17 & under) $ 5.00 + .15 tax ~ $ 5.15
Senior 20,00 + .60 tax - 20.60
It is recommended that this adjustment of recreational fees be
approved and to be effective as of September 1, 1966."
Mayor Avery said he had been informed that the Tennis Committee has
asked that the tennis court fee change be held in abeyance for further
study.
Mr. Saunde~s moved that the fees for the Bast Side Pool be increas-
ed, as recommended, and that the change in tennis court fees be held
in abeyance until a recommendation is received from the Tennis Commit-
tee. The motion was seconded by Mr. Talbot and carried unanimously.
7.a. City Clerk Worthing informed council 'that a request had been re-
ceived from Mr. Albert Burger' for reclassification from C-3 (General
Commercial District) to R-3 (Multiple Family Dwelling District) of a
five acre tract of land being the W½ of the NE% of the NW% of the
of Section 29, Township 46 South, Range 43 East; further, that Council
may deny this petition or refer same to the Planning and Zoning Board
for its recommendation thereon following a public hearing on the re-
zoning request.
Said ~etition was referred to the Planning/Zoning Board for public
hearing, on motion by Mr. Jurney and seconded by Mr. Saunders.
7.b. Concerning an offer to sell a 100 foot parcel of land lying be-
tween South AiA and the Ocean, adjacent to the recently acquired 400
feet of beach property in Section 2,1..-46-43, Mayor Avery reminded Coun-
cil that this property had been offered by the Gracey Realty Company,
and suggested that the City Manager be directed to write to the people
offering the property and inform them that the' City has been offered
said property by another real estate firm. It. was so moved by Mr.
Jurney, seconded by Mr. Talbot and unanimously carried.
7.c. City Clerk Worthing informed Council that notice has been re-
ceived of ambulance service being discontinued as of September 1st by
the Lorne-Babione Funeral Home of Delray Beach, the Scobee-C°mbs Funer-
al Home of Bopllton Beach, and Scobee-Ireland-Potter Funeral Home of
Delray Beach; further, that Council and the, public are hereby assured
of continued ambulance service, by AA Ambulance Service, Inc., presently
licensed to be so engaged within the City, with business office located
at 1304 North Federal Highway, Boynton Beach.
8.a. City Clerk Worthing presented RESOLUTION NO. 32-66.
A soLmrIoN T=. COUNC . THE OF DELm Y
BEACH, FLORIDA, AUTHORX.SING FILING OF APPLICATION WITH
THE UNITED STATES OF AMERICA FOR AN ADVANCE TO PROVIDE
FOR THE PLANNING OF puBLIC WORKS~ UNDER THE TERMS OF
PUBLIC LAW 560, 83RD CONGRESS OF THE UNITED STATES, AS
(COpy of Resolution NO. 32-66 is attached to the official copy of these
minutes.) See page 187-A-B.
Resolution No. 32-66 was unanimously passed and adopted on this
first and final r.eading, on motion by Mr, Jurney and seconded by Mr.
Croft.
8.b. The City Clerk presented ORDINANCE NO. 49-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LOTS 1 and 2,
BLOCK 12, DELL PARK SUBDIVISION, DELRAY BEACH, FLORIDA,
IN "R-3 MULTIPLE FAMILY DWELLING DISTRICT", AMENDING
"ZONING MAP OF DEL~AY BEACH, FLORIDA ,1960", AND PRO-
VIDING FOR CONDITIONAL USE OF SAID LAND AS A MEDICAL
CENTER. -4- 8-22-66
(Copy of Ordinance No. 49-66 is attached to the official uopy of these
minutes.) See page 187-C.
There being no objection to Ordinance NO. 49-66, said Ordinance was
unanimously passed and' adopted on this second and final reading, on
motion by Mr. Talbot and seconded by Mr. Saunders.
8.c. The C~.ty Clerk presented ORDINANCE NO. 50-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, AMENDING CERTAIN SECTIONS OF CHAPTER 1SA (HOUSING
STANDARDS) OF THE CODE OF ORDINANCES OF THE CITY OF DEL-
RAY BEACH, FLORIDA, PERTAINING TO THE ASSESSMENT OF LIENS
FOR THE COSTS AND EXPENSES INCURRED ZN ELIMINATING UNSAFE
OR UNSANITARY CONDITIONS OF BUILDINGS WITHIN T~ CORPORATE
LIMITS UPON THE FAILURE OF THE OWNERS THEREOF TO DEMOLISH~
REMOVE OR PUT IN A STATE OF SOUND REPAIR FOLLOWING NOTICE.
(Copy of Ordinance No. 50-66 is attached to the official copy ~f these
minutes.) See page 187-E-G.
There being '~o Objection to Ordinance No. 50-66, said Ordinance was
unanimously passed and adopted on this~secOnd and final reading, on
motion by M~.. Croft and s.econded by Mr. Jurney.
8.d. City Clerk Worthing presented ORDINANCE NO. 51-66.
AN ORDINANCE OF THE CITY COUNCIL OF TH~ CITY OF DELRAY
BEACH,. FLORIDA, ANNEXING TO TH~ CITY OF DELRAY BEACH
CERTAIN LAND, NAMELY LOT 8, SEACREST SUBDIVISION, WHICH
LARD IS CONTIGUOUS TO EXISTING'~UN~CIPAL'LIMITS OF-SAID
C1~ REDEFINING THE BOUNDARIES Or SAID CITY TO INCLUDE
SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND~ AND PROVIDING FOR THE ZONING TH~It~OF.
214 Seacrest. Lane
Ordinanc~ No. 51-66 was unanimously placed on first, reading,, on
motion by .Mr, Saunders and seconded by Mr. Jurney.
9.a. Regarding a request for conditional use, City Clerk Worthing
ported to Council as follows:
"As a result of a recent referral by Council to the Planning
Board, a public hearing was held on the request of Mrs. Margie
Cunningham to c~nduct Church services in the Sunny South Elks
Lodge building, loca~%d at 2~ S. W. 9th Avenue.
The Board ~nanimously recommends the request be granted subject
to:
1. A temporary permit of one year~s duration.
2. If the active congregation exceeds fifty persons,
additional parking 'will be provided in accordance
with t~e City's Code. of Ordinances.
council may deny or sustain the Board's recommendation."
Mayor AvSry reminded Council that th~s item had also been referred
to the Interdenominational MiniSterial Alliance, and' City Clerk
worthing informed Council that said Ministerial Alliance had approved
the applicat~on.
Mr. Croft moved th&~ the' Plannin~ Board's recommendation be sustain-
ed, the motion be~g seconde~ b~ Talbot and unanimously carried.
10.a. Regarding i~mprovement of the beach paviIion, the C~ty Manager
informed Council that plans and specifications have been prepared for
the construction of a canvas shelter over said pavilion~ further, that
-5- 8-22-66
the City Engineer, in a memorandum dated August 18th, 1966, advises
that the existing woo~en floor is in a bad state of decay, particular-.
ly the structural timbers lying beaeath the decking.
Following discussion of points brought out in the memorandum from
the ~Ctty Engineer, Mayor Avery suggested that the' City Manager be
authorized to solicit bids with the request for an alternate of con-
crete and wood floors. It was so moved by Mr. Jurney and seconded by
Mr. Talbot.
During discussion, Mayor Avery eXPlained, that when bids are soiic-
ired for the canvas structure, alternate bids will be requested for
installing a wooden floor and for a concrete floor, after which the
Council will be able to make a proper decision.
upon call of roll concerning the motion about solicitat~°O o£'bids,
the motion carried unanimously
City Manager Gatchel informed Council that he would have that cost
information for their consideration at the next regular meeting.
10.b. City Manager Gatchel presented proposed Change Order No. 1 to
Dickerson~ Construction, Inc., for revised constrUCtion at terminus of
revetment wal~, in the amount of $24,968.00. ~urther, that this change
order *has been approved and recommended by the Consulting Engineers~
Glace Engineering Co~por%tion,* and has been reviewed by members of the
City Administration incl,,ding the City Attorney.. The City Manager
pointed out that this change or, er is an addition to the contract, but
accompanying this addition is a decrease amounting to $40,601. that
will be reflected in the deletion of the 190 feet *of revetment]~con-
struction, resulting in a net saving .of ~$15,633
The. City Manager re~orted that. he had been unable to obtain a deed
to the 190 feet of ~ox property an.~ recommended that this Change Order
No. 1 to 'Dtckerson .Construction, Inc. be auth°ri~ed at this time. It
was so moved by Mr. C~oft and seconded by Mr. Jurney,. upon call of
roll, Mr.'Croft, Mr. J~rney, Mr. Saunders and Mayor Avery voted in
favor of the motion and Mr. Talbot was opposed
10.c. Regarding need for a portable generator, City Manager Gatchel
reported .to Council as follows:
"Originally, a portable generator was provided from the Sewer
Construction Fund to provide auxiliary ~ower in the case of
electric power failure due to hurricane or other reasons. A
25 ~ generator was provided, which is sufficient to operate
Lift Stations Nos. 3, 5, 7, 8, 9, 15, 17 and 18.
Russell. & Axon and the City Engineer, recognizing the limita-
tion of this generator in serving the above identified lift
stations, recommend the purchase of an additional portable.
generator to accommodate need for same at Lift Stations Nos.,
10, 14, 19, 19a, 20 and 22, as well as other needs of the
Water and Sewer Departments. These lift stations were con-
structed in phase two of the Sewer Expansion Program.
Acquisition of such added equipment, without delay, is of ut-
most importance due to the seasonal storm period approaching.
Therefore, approval for purchase of such a portable generator,
mo~ted on a trailer, estimated cost for which is $4,500.
requested, together with authorization for such funds, as
cessary to effect this purchase, to be provided from the Con-
tingency Account in the Water and Sewer Fund."
Mr. Talbot moved that said generator be' purchased and that funds
necessary for said purchase be prOVide~ from the Contingency Account
of the Water and Sewer Fund, as recommended. The motion was seconded
by Mr. Croft and carried unanimously.
-6- , 8-22-66
187-A
RESOLUTION NO. 32-66.
A RESOLUTXON O~ .T~ ~CXTY COUNCIL OF
THE CXTY OF D~LRAY B~A~H, FLORIDA,
~AUT~RXZXN~ FI~ ~ ~XCATXON~
FOR ~ ~ ~ ~ F~ ~
~ .OF ~BLXC ~W 560, 83~ CON'
G~SS OF ~ ~D STATES, ~
~ED.
WHEREAS, the City. of Delray Beach (herein called the
"Applicant,,) after thorough consideration of the various aspects
of ~he problem and study of available data has hereby determined
that ~he construction of certain public works, generally de-
scribed as Storm Drainage.Project. for a Portion of the Southwest
S~ction of Delray Beach. is deSirables'and in the public interest
.. and to that end it is .necessary that ac~tonprelim~nary to the
construction O'£'Sa~d works be, taken immediately, and
under the terms of Publ'ic' Law 560, 83rd Congress,
as amended, the 'Uni~d 'S~ates 'of America has 'authorized the mak-
ing of advance~ to.'publlc bo~ies ~o aid in financing the cost of
engineering and architectur&l surveys, designs~ l~lans, working
drawings, specifications or other action preliminary ~ and in
l~eparatIon for the Cons~ruction'O£ public works! and
~: .... WHEREAS, the applica~n.t has examined and duly. considered
such act an~ the applicant considers it ~o be in the ~ublio
retest and to its benefit to filean applica~ion under said act
and to authorize other action in connection therewith~
""' .... ~Now, T~EFORE, BE '~T R~LV~-D'BY TNB CITY COUNCIL, the
govezni~q ~o~'~,o£ said appl£cant, as follows~
Page 2. RESOIA~TION NO. 32-66.
1. That the construction of said public works is essential to
and is to the best ~tereSts of the appl£cant, and to the
end that such publicworks maybe provided as promptly as
practicable it is desirable that action preliminary to the
construction thereof be undertaken immedia~ely~
2. That City Manager David M. oatchel be hereby authorized to
file in behalf of the applicant a~ application (in form
required by the United States and in conformity with said
act) for an advance to bemadeby the United States to the
applicant to aid in defraying the cost of plan preparation
for the above described publiCworks, which'shall consist
ge~eraily of a Preliminary Engine~ring Study and' Feasibility
Report for S~0rm Drainage Facilities.'
3. That if such advancebe made, the applicant shall provide
or'make necessary 'arrangehents to provide such funds, in
addition'to the advance, aZ may be required to defray the
.- cost.of the plan.preparation of such public works~
4. That said City Manager David ~. Gatchel is hereby authorized
to furnish such information and take such action as may be
necessarY to enable the applicant to qualify for the ad-
vance~
5. That the officer designated in the preceding Paragraph Ks
hereby designated as the authorized representative of the
applicant for the purpose of furnishing to the United States
such information, data, and documents pertaining to the
application for an advance as may be requlred~ and other-
wise to act as the authorized representative of the ~ppli-
cant in cculnection.-with this application.
6.That certified copies of this resolution be included as
part of the application for an advance to be submitted to
the United States.
~ASSED AND ADOPTED this 22nd day of August, 1966.
ATTEST: /S/ AI~, C~,.ATery ,.
/$/ R. D. Worthtng M A Y 0 R
City Clerk
187-~
ORDINANCE NO. 49-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING ANb PLACING
LOTS 1 and 2, BLOCK 12, DELL PARK SUBDiViSION, .
DELRAY BEACH, FLORIDA, IN"R-3 MULTIPLR FAMILY
DWELLING DISTRICT", AMENDING "ZONING M~P'OF
DELRAY BEACH, FLORIDA 1960", AND PROVIDING FOR
CONDITIONAL USE OF SAID LAND AS'A MEDICAL CENTER.
BF IT ORDAINED BY THE CITY COUNCIL OF T~ CITY OF DELRAY
B~ACH, FLORIDA:
SECTION 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned, and placed
in "R-3 Multiple Family Dwelling District" as defined by Chapter
29 of the Code of Ordinances of the City of Delray Beach, Florida,
to-wit:
Lots 1 and 2, Block 12, Dell Park Subdivision,
Delray ~Beach, Florida, according to Plat Book
8, Page 56, on file in the office of the Clerk
of the Circuit Court in and for Palm Beach
County, Florida.
SECTION 2. That the Building Inspector of said City
shall upon the effective date of this Ordinance change the Zoning
Map of Delray Beach, Florida to conform with the provisions of
Section I hereof.
SECTION 3. It is further ordained that said premises
are hereby approved for conditional use as a Medical Center..
PAS~D in regular session on the second and final read-
ing on this the 22nd day of August , 1966. :
/S/ Al. C. Aver.~
MAYOR
ATTEST:
,.,/S/ R. D. We~th!n$
City Clerk
First Reading July 25, 1966
Second Reading August 22, 1966
187-D
ORDINANCE NO.'51a66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAYBEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 8, SEACREST
SUBDIVISION, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY= REDEFINING THE
BOUNDAI~IES 'OF SAID CITY TO INCLUDE SAID LAND~ PRO-
VIDXN~ FOR T~r~. RIGHTS AND OBLIGATIONS OF SAID LAND!
AND PROVIDING FOR THE~ZONINGTHERI~O~ ..
WHEREAs, GEORGE A.WRIGHT and. ROSADEEWRIGHT (his wife) are
the fee simple owners of the property hereinafter described, and
W~EREAS, said..GEORGEAoWRIGHT and ROSADEE WRIGHT (his wife),
by their petition, have consented and given permission for the annex-
ation of said property by the City of Delray Beach, and
WHEREAS, the City of DelrayBeach has heretofore been au-
thorized to annex lands in accordance with Section 185.1 of the City
Charter of said City gran~d to it by the $~ate of Florida~
NOW, THEREFORE, BE IT ORDAINED BY TI~E CITY COUNCIL OF THE
CITY OFDELRAY BEACH, FLORIDA,~ AS FOLLOWS=
SECTION 1. That the City Council of the City of Delray
Beach, Palm BeechCounty, Florida, hereby altnexes;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 8, Seacrest
Subdivision, per Plat Book 23, page 3, Public
Records of Palm Beech County,.Florida.
SECTION 2. That the boundaries of the ~ity of Delray Beach,
Florida, are hereby redefined so as to include therein the above
scribed tract of land and said land is hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the tract of land hereinabove described is
hereby declared to be in Zoning District R-2, as~efined by existing
ordinances of the City of Delray Beach, Florida.
SECTION 4. That the land hereinabo~e described shall
mediatelybecome subject to all of the franchises, privileges, im-
munities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be, and per-
sons 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 decla~edillegal by a court of com-
petent jurisdiction, such record of illegality shall in no way affect
the remaining portion.
PASSED in regular session on the second and final reading
on this the 12th day of September ~ 1966-..
ATTEST: M A Y 0 R
City Clerk
First Reading. August 22. 1966% second Reading S~_n.t~be~ ~2. 1966
187-E
ORDINANCE NO. 50-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, AMENDING CERTAIN SECTIONS OF .CHAp-
TER 1SA (HOUSING STANDARDS) OF THE CODE OF ORD~'~'
NANCES OF THE CITY.OF .DELRAY BEACH, FLORIDA, PER-'
TAINING TO THE ASSESSMENT--OF LIENS FOR THE COSTS
AND EXPENSES INCURRED IN ELIMINATING UNSAFE OR
UNSANITARY CONDITIONS OF BUILDINGS WITHIN THE
CORPORATE LIMITS UPON TI~E FAILURE OF THE OWNERS
THEREOF TO DEMOLISH~ REMOVE OR PUT IN A STATE OF
SOUND REPAIR FOLLOWING~ NOTICE.
WHEREAS, Subsection 19 of Section 7 of the City Charter of the
City of Delray Beach authorizes the City.to .condemn and order to be
demolished and removed or t6 be put in a state of sound repair any
and all dilapidated, unsanitary or unsafe buildings or.~ru~tures
and to provide and enf0.rce.pen.alties for failure to do so and au-
thorizes the City to have and hold a lien thereon until the costs
and expenses thus inc~r~ed~'a're~discharged by payment= and
WHEREAS, the City Council of the City of Delray Beach,, Florida,
deems it in the best interests of the citizens of this community to
amend certain sections of Chapter 1SA, modifying and adding various
provisions in regulations pertaining tO housing standards;
NOW, THEREFORE, BE IT ~RDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH AS FOLLOWS:
Section 1. That Subsection (d) of Section 15A-38, Section
15A-39 and .Section 15A-41, be, and the same are herebY amended to
read as follows:
Sec. 15A-38. SERVICE OF NOTICES A~D ORDERS,
"(d) Be served upon the owner or the occupant,
as the case may require; provided that such notice
shall be deemed to be properly .served upon such
Violator if a copy thereof ia delivered to him
personally or by' 'certified mail; but, ..if the
whereabouts of such person is unknown and the
same cannot be ascertained by the-building in-
spector in the exercise of reasonable diligence
and ~the building'inspector shall make an affidavit
to that effect, then the serving of such notice or
order may be made by publishing the same once each
week for two consecutive weeks in a newspaper print-
ed and published in the ~ity. A copy of such
plaint or order shall be posted in a Conspicuous
place On premises affected by the notice or order.
Such notice may include an outline of remedial ac-
tion Which, if taken, will effect compliance with
the' provision of this chapter and with rules and
regulations adopted pursuant thereto, as well as
a reaso, nable time for'Such complaint according
the size, conditio~ and location of such ~uilding
or structure.
Sec. 15A'-39. FINAL ORDER.
(a} Any n$tice of violation shall automatically
become a final order' if written request for a hear-
ing is not 'filed in the office .of the building
spector within twenty days after receipt of said
notice.
187-F ~However, the building inspector may declare that such
conditions exist that warrant action under Section
15A-40 (Emergency powers), in which case a shorter
time period may be designated.
Page 2. OP4)XNA~CE NO. 50-66
(b) ~ny dwelling structure, d~elling unit, room-
ing house or rooming unit condemned as unfit for
human habitation, and so deslpnated by the enforcing
officer-shall vacate:wit~t~in twenty days,~
Sec. 15A-41. AGENCY TO ABATE HAZARDS~ LIENS.
(a) Whenever any violation of this chapter, which
in the opinion of the building ins~ector causes a
direct hazard-or immediate 'danger to the health,
safety, morals or welfare of the occupants of a
building or to the public, hms ~t been oorrected
in the time specified by the order.issued under
Section I$A-38, the building inspector may take
such direct action as is necessary to abate the
hazard or danger. The expenses incurred by the
building inspector shall be ~aid by' theowner or
occupant of the premises~ or by the person who
caused or maintained such nuisance or other
matter to exist.
(b) Promptly after completion of any repairs,
alterations or demolition done by the City under
authority.of .this ordinance, the enforcing offi-
cial shall cause the owner to be billed for the
cost of such work including labor, materials and
title searches. The bill shall be served upon the
owner by delivery to him personally or by certified
mail, return receipt requested, at his last known
addressas shown on the City tax rolls.
(c) If the bill is not paid within thirty days
following such servioes the owner shall be noti-
fied of the-.enforoing.official's intention to
ply for a special assessment against the property.
Such notice shall: (1) describe the premises
volved either by legal description or street address,
(2) describe the nature of the work done thereon and
state the amount for which a special assessment is
sought, (3) specify the date of which the City Coun-
cil will hold a public hearing for the purpose Qf
making a special assessment against the property
for the cost of the work done thereon, and advise
the'ow~er of his right, to be heard on any matter
pertaining to the proposed special assessment, and
(4) said' notice shall he served on the owner not
less than five (5) days prior to the date set for
the hearing in the same manner as set forth above
in this section.
(d) At the hearing, the enforcing official shall
report to the City Council on the nature of the
work accomplished, the cost of the work, and the
service of the required notice. All interested
parties shall be given an opportunity to be heard
at such hearing with respect to the validity and
amount of the proposed special assessment.
(e) After such hearing, the City Council may levy
a special assessment against the property improved
for the cost of such work done on such property
in such amount as the Council may find'to be prop-
er and reasonable. Such assessments shall be.made
· 187-G
Page 3. ORDINANCE NO. 50-66.
by the adoption ora Resolution containing find-
ings of the City Council, including the finding
:hat (a) the procedures of this ordinance have
been followed, (h) that the work done was' in con-
formity with the requirements of this o~dinance
and (C) that the amount of assessment is Just and
reasonable and based on the actual cost of such
work. The Resolution shall contain a legal de-
scription of the property, the names of theowners
of such property, and'such other info~mation as
may be' deemed appropriate. The assessment shall
become effective immediately upon the adoption of
the Resolution and shaI1 bear .interest thereafter
at the rate of 'six per cent per annum. Upon the
adoption of the Resolution, the City shall haves
lien against the property on which the work wes
done and on the real estate on which it is located,
as described in the Resolution, which lien shall
be of equal dignity with other 'mun~cipel liens for
taxes, levies and assessments, and maybe enforced
as other such municipal liens. The ovmer may pay
the amount.of suCh l~en, including interest, in
thirty equal, consecutive, monthly installments,
commencing on the first dayof "the month following
the adoption of such Resolution.
(f) A copy of such Resolution shall be served on
the owner by certified mail withinten-(lO) days
of the date of its adoption and a:copy shall be
published once each week for four consecutive
weeks in a newspaper of general circulation with-
in the City."
Section 2. That if any word, phrase,~clause, sentence or part
of this ordinance shall be declaredillegal by a court.of, competent
jurisdiction, such record of illegality shall in noway affect the
remain~ng portion. "
PASSED onsecond and final reading in regular session on this
the 22nd day of August , 1966~ -~
..Is/m_. c, .~.~,
MAYOR.
ATTEST~
City Clerk
First Reading Au~t 8~ 1966
Second Reading _~u~ust 22~ 1966
10.d. City Clerk worthing p=esen, ted Bills for Approval as follows..
General Fund .$ 127,485.34
Water Revenue ,~..,~.~d 49,,824,47
Special A~sessment :E~nd 160. O0
~ef,md~b!~. '~sJ. tS Fund .-1,903.16
Im~roverae~t Fund' 7r, 228. 74
Cigarette Tax Fund 75.00
Sinking Fund, Cigarette Tax Bonds,
Series 1965. 24,452.5,0
~a~ital Imp=ovements Construction Fund
~'e~er c°ns~tion' Trust FUnd 16,739.6'6
The bills were unanimously ordered paid, on motion by Mr. Cruft and
seconded by Mr,. Jurney.
The meeting adjourned at 9:00 P.M.
APPROVED:
-7- 8-22~66