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10-10-66 209 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, James H. Jurney, Jack L..qaunders and George Talbot, Jr.,. being present. 1. An opening prayer was delivered by City Clerk Robert D. Worthing. 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 September 26th, 1966, were unanimously approved, on motion by Mr. Croft and secon~e~ by Mr. Jurney. 3. There were no public requests from the floor. 4.a. A roll call showed the following Civic Organizations and repre- sb~tives to be in attendance:  e~ ~axpayers League, Inc. Mr. J. Watson Du~bar ~' F- W. Col. Clarence Bingham 5. Mayor Avery read the following COMMff~TXON: "Whereas, The City.Council has learned that one of. the citizens of th£s. c. omm~nity recently, performed an a~t of extreme br~v.er¥, far be¥Snd 'his line' Of' dUt~ ' . . MR..JO~N.':~': '~.aLONDE, JR.,. employed by Dalray Glass end Mirror Company, 'was just arriving at a job site~ heard an explosion, and ~sew a local resident f~&%ing a b.ui!ding~ his fl~sh o~. fire JO~ E..La~LONDE, JR. junpe~ ~rc~.~ his ~rU~,, 9rabbed~some shee~ing, eha~ed' and 'caught the a'C'oident Victim; threw him' to the ground, and smothered the flames~ and WHE.~EA~, the City. ~¢~/ncil' of th9 City of De!r~y Beach, ~n honOr and deep appreciation of this aCt of'bravery, hereby commends Jehn E. LaLonde, Jr., for his heroism. This c~mendat~ion is u~animously adopted 'this lOth d.ay October. 1966. CITY COUNCIL OF DELRAY ~r. Jurney moved that Mr. John E. 'L~L~nde, Jr._be co~men~e~ for his braver~, %he motion be~fig seconded by Mrl Croft and unan~ogsly carried. 5. City Clerk W~hi~g read' th~ foil°~W£ng 'invitation to Council, dated October 3, 196.6, f~om MrS. Sam Mazza,. Secretar~ of the A~mer!can Legion Auxil'ia~y: . '. "You are 'cordially i~v~ted' %0 at'tend a pot luck supper on Monday, October 1.7 at 6:30 P.'M., at the American Legion Hall in Delray, at which time we will hear reports from our boy and girl starers. I would appreciate a rePiy." . 5. City Clerk Worthin~ read .the ~ollowing letter to MaYOr Avery, dated October .6th, 1966; from th~.sguth"Flor~da Fair and ExpOsition= "For many years Judge Mcintosh and others have been.working to- ward a~winter festival for Palm Be.ach .Coup. fy which in time, they h~pe, will r£val the Mardi ~as of N~w Orleans or the colorf~l Gas~a-'rilla of Tempo. The success of last year's South Florida Fair parade and the prospects of an even larger and more beautiful parade for this year has caused them ahd n~meroUSo~her interested citizens of Palm Beach Count~ to believe the time. is right to begin the winter festival' for Pal~ Beach. Cou~.ty~ To be successful'the fes~:J, val must involve the entire county and not jt~t the Palm Beac~'area.' In'orae~ 50 be'tter promote a county-wide partlcip.~.ion in the feTt!val, We Deed the ad- vice and support o~ a3.1 the muDicipai[ities of t!~e co%u%ty. With this in min~,. I am inviting al! of the mayors, or their representatives, of the municipalities to a luncheon meeting at the ~o_~]:~a_~._~9~, Narcissus and D~tura Streets, West Palm Beach, at D.g~!~., on ~_e~.~.~sda~, Octob_~r 19~ 1966. We would appreciate your attendance so that's can have the benefit of your advice as to how to make this January festival a successful event for the entire county. Please call 832-1671, Ext. 272, and let us know if you, or your representative, will be able to attend." Mayor Avery reported that Judge McIntosh is int~rested in Delra~ Beach having a float in said parade, and that he would be happy to come down to Delray Beach if interest is shown toward that. $.a. Mr. Jurney_commented as follows= "! would like to propose to the City Council a motion that the citYManager be directed to form a Committee of interested apartment house owners and at least two general contractors to restudy the garbage' and water rates for the possibility of any ineq~ity that could be present. It has been. several. years since there has been a study of these'rates, and for the best interests of the City and the taxpayers I would like for the Council to pass this mOtion... It was so moved by Mr~ Croft, seconded by Mr. Jurney and unanimously carried. 5.a. Mr.. Jurney read the following excerpt from the Council meeting minutes of September 26, 1966: "Evangelist J. T. Turner, AsSista~tPaat0r of the Church of the Living Cod, accompanied by Rev. Willie C. Smith, Pastor of the ~hurch of God by Faith, and Rev. Moses Andrews, re- quested pe~cmiDsion to hold a tent revival starting this week, location cf the tent to be on the corner of N. W. 10th Avenue and 1st Street. Evangelist Turner reminded Council of its .granting Rev. Willie C. Smith the privilege of conducting a s~reet revival for one Sunday this month, and informed Councilthat these ministers ask Council permission to hold'~hese street revivals continually in order to help their 9~ople. Following comments, Mayor Avery asked for a motion that both of these requests be granted, subject to the approval of the Interdenomi~at~onal Ministerial Association. It was so moved by Mr. Jurney, seconded by Mr. Talbot and unanimously.carried." Mr. Jurney said it had been brought to his attention today that the Ministerial Association had no knowledge of the request of said three Reverends. Mr. Jurney then read the following letter from the ~nterdenominational Ministerial Alliance, signed by Rev. N. A. Jenkins, President, and dated October 10, 1966: 211 "As President of the ~Inter~datio.n~l ,M~nisterial Alliance, I wish to express oUr qrat~e:~'f~ '-BaYing the privilege to serve the city in a .small way .a~: your request, we have endeavored to do the b~st pO-seAl, lC 'got all concerned by the help of D~lne guidance.. The request that was made to the Council ,.September 26, 19'66 and ~as directed, to the. Alliance, did not come 'to the Alliance. The tent placed'between ninth and tenth Avenues was not ap- proved fby .the Al'liance. Therefore we had no share in the responsibility for the turbance from which the complaints are made." Mr. Jurnel~ said that he understands there has been a cong~derable amount of d~Sturbance in the-area of the' tent revivai from ~oise, banjo.and ukulele playing. Mayor Avery'said he had received a ~Plaint from Mrs, Lulu Baldwin concernitlg eame~ further, that perhaps ~ottncil was ha~.ty i~ granting said permission, aild that it might be ~11 in the future to con. tact residents in the area before grantiag permission for such Mr. Talbot commented and moved as £ollows: "Apparently we too hastily, or perhaps we might have. been misinformed. In order to correct the eituation,...I move you that permission given under date Of Septe~be=. 26th,. be..r*.S~i'nded~, until we wo.uld have ~sUch. i information from city..C!'~k worthtn~.?~k~d how ~ar fro~' ~ Pre. se, t. tent ,~e that property owners, a~e. tO' be. notifie~. ' Mr'. saunderS'~d'~~ he felt the apProVal should be left up to Mr; ~.4~f:~: ~uggeste~ '. t~at. those'..min~S'te~8 ~e ,directed' to' cease ' opera:,t.fo'n .until' further[ ~pproYal'is giveh, '~ ' ~ . [ City. Ma"age~'"Gatche'l 'gaid' that' for' 'the edification of Council, th'ere has been such a series of problems involved in this ,partic~la.r approval given by com!=il at the. last regular scheduled, meeting.,~ that he has asked r~r' .a.-i!s.ti~ o~ u~e~ Feq~irements~, '6~ an' ad~inis~ativ~ 'nature, which'wi11 include the Policy ~f ~aP~roval bY ¢ouncil~ and '~ill include the approval of the, Ministerial. Association where thee request .is for religi~us eervLc~$,, for. all"r~quests involving the use 0f a tent or any-~r -SUCh, structure ~or temporary assembly of persons within the City limits of Delray Beach, which administrative procedure shou/d, elimi~a.te any. such/, 9r0..blem in the future a:~ has just ~een experienced. upon call of to!! on the. motion made by Mr. ,TaLbot., the carried unanimously 5.so Mr.'Jurney, referred to 'the schOOl zones in,~he Cit~y and said that the City had .been studying .'.the feasib~lity Of placing a wa_l,.k~ ever west Atlantic Avenue and it apP,. ars that '~he[ cost. of sam~ .w~ll be out of proport'ion' witli ,2he amount o~f money available. Mr. JUrne`y asked City Manager GatChel if' he could ~nlighten Council as to what 'safety methods are. gging to be used oh West Atlantic Avenue, as well as in the area of the DeW Pine Grove Elementary School, and t~h,~e plUm°sa and S, eacreSt School' areas, in the Way of blinkers, signs, The City Man~ge,~i'xe~0rte~: ~.~'at: the'city'has in,tailed actuated i.venue:ahd ~es~ Atlantic ive,~.e' ~htCh' dMs aonstitU~'e a' crossing now. 212 That Blinker lights lowering the speed from 35 miles per hour to 20 n~les per hour during the time the lights are .in operation have been budgeted~ further, that ~her~' ~s~'a school C~ossing guard stationed a little further out on West Atlantic Avenue. As to other areas in the C~ty, the~ City _Manager reported that the County is furn~shing a echo01 crossing ~guard 6n S. w. 10th Street at the Pine Grove Elementary School, that the City has painted all of the school crossing .~arkers and crosswalks on S. W. 10th Street, and with the installation of the sidewalk that 4s now_being planned by the County he feels that' proper safeguards to the children of that school are being taken. In the areas of Plumosa, Delray Junior High, an~ seacrest High Sch0ols, City Manager Gatchel reported that the City furnishes school crossing guards and maintain all of the lights, painted crosswalks and signals denoting the s~hool zones dU=~ing the proper hours. Mr. Jurney asked about sigus on West Atlantic Avenue to designate that area as a school zone. City Manager Gatchel informed council that the planned blinker lights ar~ the ones approved by the State Road Department, as that department controls the types of signs tha't are allowable, and they all have to comply with the new uniform traffic code that has been adopted by the State=-further, that the City is planning for the in- stallation of all that the State Road Department will allow. Mayor Avery said that he had requested, and that the City Manager is conducting a study of other school areas in town so that he may make recommendations concerning safety..of the school children. The C~ty Mar~ger pointed out that the speed in the school zone on West Atlant£c Avenue will be ~0 miles per hour, _ where the other zones are 15 miles per hour. Further, that the Police Department is making announcements for the public interest over the local Radio Station W.D.B.F. about the school zones and sP~ed limits. Mr. Croft asked what intersections have been established for the school lights and crossings, and City Engineer Pleming reported that the State Highway Department has painted crossings an~ 'broad markings on the pavement and that crossings ar~ established at 8th, ~Oth and 14th Avenues. 5.a. Mr. Tal~ot asked ~hat the'City Manager's reply had been recently on the status Of the request for regulation of the~Atlantic Avenue Bridge. City Manager Gatchel r~ported that 'the Corps of Engineer's office had been contacted in April a~d the City had been informed of what had to be established in the way of traffic count on the bridge at Intra- coastal or river crossings' before they could consider the application, and that the 'traffic 'count' has been requested from the State Road De- partment but no',information has been received on same. Mayor Avery asked for e follow up to the State Road Department on the traffic count request, and the City Manager said that he would do that as well as on the request~ ~o~. traff~c counts at 14th Street and etc. The City Manager reported that in con- versation with members of th~ State Road Department he had found that their requests for such information an~ their actual Completion of said tests are running well in e~cess of a year behind because of the lack'Of staffing and persOnnel. 5.a, Mayor Avery referred to a c°'mP~aint ;chat` had ~een made at a Council meeting last summer by Mr. W~.. E. Walsh, 820 N. E. 1st Court, of noisy air conditioners in his neighborhood,, and sai~ 'that at that time the compleint had been referred to the City Manager with the d~.rective to see that the nuisanc~ ~$ a'ba~ed'. ' City Manager ~a~chel reported that the~ day following the complaint ma~e by Mr. Welsh he appointed personnel from the City administration from the Police, Fire, Engineering and Inspection Departments to in- vestigate the complaints of excessive noise created by the a~r con- ditioning system at the Park View Manor Apartments located at 807 to 809 N. E. 1st ,Street. The Committee .reported back that it is their unanimous feeling that ~his system,could be a nuisance tO the adjacent property owners with open windows duril~g 'the evening hours. Further, that this type of noise detracts from the residential Character oS the neighborhood, also that there is such a' problem throughout the City and consideration should, be* given ~.the matter on a city-wi'de "basis. City Attorney Adams explained,. *"You don'~ have,' 'a :pttblt~ ~uisance here that the Council abates. What you have is either a civil suit by the. parties because' of the .nuisance from a neighbor Using ._his property interfering with- you, or you-=an get the comPlai~ant'* to swear out an affidavit in mun*ioipal court, and see if' the-Judg~ fe61s 'that i*t is an unreasonebly loud noise." Zt was pointed oUt'. that excessive noise from ~ir condit~oners iS prevalent throughout the City.,. ': .... . -' The City Attorney informed Council that he had researched this and did not find ordinances, for-cities,, in Florida with any more control than Delray Beach has over' such-a situatton~ further] if he goes to the Florida League of Municipalities annual meeting i~ Ciearwater *this month that he would.try again to find out if any town in ~he state has come up with ~an ordinance on sama~ Mr. Jurney suggested an amendment to the. BuiZding Code in an *attempt to help.control this' problem~ - Mayor A~eryasksd City Attorney. Adams tO advise Mr. WaIsh of ~at action that he may:take in an attempt~to"elimi~ate said noise nuis&nce, and. that. he ..=or~.tn~' to =es~arch th~s _~.u.isa~r~. ~ l~,.pr,~sented, b~..t~, e: :city ~Man, a.~er~. ,~MU~? .Ta .l~ot ,moved..,~t the cer~ied, un.,an/m0u,$ly,,.., ,' (cop~, o~' ~ui~ance adv~.c:e4(,~o~ :0c~.o~e~;. 24th tO,,Thursday,.. :Octo. b.a~ 20~h,. at .:the..us.~al time mous,!~. ::] ,C.2~ M~. n~..,ge~.,',Ga~ei,offered .~o mak, e~:rese~vat~on~ .or .~rrange- meats .~t j~!~ea~ter ..'f~-=* 'Cc~mC~imen £.~ they desike~ .him ~,,~..c., , The ,.C,i..,t,y. ~nag~ ~n~o,~med~ .Counc'~l 'that-Mrj iAiex p~r~s ,o.f' 135 lq.: w. ~.d.. The,,:',Ci.~:.~, nage,r., lp:for~ed- ..CO,..until' of :th~ ~ar, ian School Aux/!iary request forI ~Se of. the' commUn~%~":c~%er-~s &/, ~/~ =rom 9.~0 A ~ .2o 00 : ":' ..... '- ...... "' ~,'.- ... ........ · .... ,~4,? . .. 5= , -.p.~.,..for ,the'*pu ,rpose .of h~lding,.-a, ~rd ~arty, P~Oceeds'. ~ Which Wi'l!,' Be ~ed' by: the: ~1ta~.' in ~t$ p~o~ram ~ eq~sc ~e: .g~an~eo S~=ect to the':date a~ usage 'of ~e ~nter'not 6~'liCtfng ~[th .any-s~eduled program Of the Recreation ~partment. Sa~d re.eSt ~s u~animoUal~ ~granted, as ~ecO~ended, .on moron, bY Sanders :and'.Se~onded by ~'. 'Cr0~t. 6.e, C~ty ~aGer ,,G~tCheZ infor~d co~il o~ a re'est from ~. Samuel D . ~e~n', ~!Vte=a Beach, for .~e~tio, of. oc~upa'~!o~l*'l.~Ce~se "fee, r~Bg,*to c0~du~, '0f~ ~si~ess .~i~f ~e City,.. due t0 age. factor. The C'it~ ~n~er ~pur~ed. that ~e. appl!cant's ~.lif, tca~tons ~V~ been veri'fied~ howe~er, it is =eco~nded ~at '~a.nt'tng,'of ~is reqUest be made s~ject .2o 2he actlvSttes ., . -5..- 10-1~5.6 Business w.~t, hln the City, meeting al~l requ£rement of, and beinq proved b~ ~e S~ ~rd o~ ~o re.est ~s ~n~o~ly gran~d, as :rec~e~, .on motion ~. Sa~e~s a~ secon~d by ~. 6.[. ~ard~n~ use o~ ~he ~~y ~nter g~s~, C~ty ~naqer "The Lu~eran Parent ~a~e~s ~aque has ~es~ed ~e use ~un~ty Cen~r G~as~um on T~sday e~eninq, ~an~ry hold~g a pu~ show, ~e ~aq~ al~~ ~s .re~es~ed ~e use ~e ~asi~, ~oge~with ~e k~tchen fac~l~ties, dur~n~ e~- ning .ho~8 o~ ~ay, F~a~y 6th.', fo~%.hold~g a d~nne~ and pro- v~ng ~or a s~a~:on m~ss~ona~ e~er~ences. Due to conflict w~ ~e ~creut~on D~rector*s :es~bl~ehed pro- gram in, lying ~e use of ~e C~ity Center G~nasi~, recomended ~a~ these re,eats ~ denied. As a ~esult o~ ~ecen~ ~e~ demands u~n ~e ~unity Center's facilikies, an es~blished pro,ram o~ activitAes, defAnitel~ cL~g usaqo of ~e g~oi~, has hen plaid In o~ra~ion by ~ts director and provides [o~ nAqh~ly schedu!~ .events Money ~rouqh ~O2urdaM. l~ ~, ~e~ore, sug~stod ~at ~e Lu~eran Pa~ent ~c~r's ~a~ue ~nsider ~ssibb res~edu!ing o~ i~8 pro- ~am ~t mi~t allow for use. of ~e ~ity Cen~r facilities .on S~da~ e~ings:~r. ~e ackivities s~ted a~ve. "~ : FoX~ng diacussAon, ~. ~ney moved .~at ~e City ~ given ~~ ~ negotiate a ~ime fo~ ~eae ~le 'to use ~e ~m~ ~ 'see~e~ by ~¥ ~unders a~ ~animouslM ca,tied. ~ mu~ ~ ~ :.tho ~lla~lon of a leese a~eeMnt involvinq ~2~ Block ~7 ,~S~X~ PA~), ~erwise ~ as ~e ~ny L~e ~1~1 ~k, and:~egotiakion wi~ ~e V. F. W's ~s has result- ~,~ ~is~ ~o~ements An a~ ~n the ~e Cit~.~gor ~fo~d ~cil ~at i~s approval of ouch eancel~ lotion o~ ~ea~ is ~e~ed, toqe~e~ with authorization for execu- tion of. a~d~ent ~ Bo provide,-copy of ~hl~ ~s ~u~nished cil, it~ ~ero~d ~hat. ~ent f~ ~ ~roveMnts ~ereon and · he~e~n a~d:~b ,~de only u~n ~e receAp~~ o~ a duly exe~d Bill Sale ~~~ p~per~ to ~e City. ~ ~s So: ~ved by ~urney, ~econdedby ~.~ ~o~t and ~an~slM carried, See page 21~-0 for lease..- 6.h. ~e'C~tM ~na~er p~sented ~e ~ollo~ng PMo~ess ~rt on Adulk ReoreatAon Complex Er~ ~. ~. 0, Ha~s., dated October 6, 1966: "As sE the :l. st o~ O~to~r, 1966, ~e cons~ion'of ~e Adult schedu~. ~e basic cons~uction and~ ~he s~uc~ural' ~k We see-now in ~e process. 0f sCh~uling 8~ .oontrackors. As ~u are a~re more ~an one s~ contractor can ~rk on. the ~ob at ~he sa~ time. ~ ..... ~e ~mplex ~ill ~ c~ple~d by ~ce~er 1, 1966 a~o~d~ng RepOrt, ~i~ a. let~r of-transmi~l, ~ the senior Citizens C1~, X. Mr, Jurney reported that he had inspected the Beach Revetment Pro- ject during 'the recent storm and feels that project ks one of the 'best things the City has ever spent money for, and that he thinks the engineering of same is terrific. 6.-i, Regarding the pavilion on Ocean ~oulevard at Atlantic Avenue, '~t~a,~ ringer Gatchel reported to CounCil as follows:- ~~o!lows a recap~ of bids received for FRAME and COVER of SXUUZRS HOOVER CANVAS ARTCRAFT BLAIR CONS. CO. ::..PRODUCTS CO. .~WN'G CO~ 13-OZ Vivatex '$2,501;05 ' $3,575.00 15-OZ Vivat~x %. $3,442.40 10.10-oz ~ed) Canvas ) .2,583.55 3,575.00 10.10~oz. Vinyl Canvas 2,666.05 18-oz Nylon 3,775.00 PERNANENT (Concrete) 3,988.00 In view of Co~ncil's past expr~s'sed desire for FRAI~ and ~WNING ¢OVE.P4%GE. ,O.f ,the~P~vil~onf ~i;~t ~s rg~o_,m?.eUd,e~l .that th~ l~w bid, i!~ the. acCep~ed,,?~hi,~ ..,r.e.~on~, e~cl~ti, olii,~,/~g,.col~curred in. by the Di eC't~r of ~ecrea.t.l?n .~and ...t~.~.e.~ city: .~"~ineer.' ..... ' ~ ...... · council~ a:~ention 'ia ~rected~. to. th~ .~ecommen~at~,on, ,,attac~ed ~to the ~genda '~ .'~ece~e~ ~r0m '0.n·' ~ ~he" b~dd~,; ~er~a~-in~~, t6 a: p~nent structu~~ hoover;' this ~ecOmmen~a~on a~d estimated cost does not appear to be.. in .accordance ,~£th:. the P~ona .and ape. ~ica~iona..provided by the City a~.gineer at'councii ~i~tive;' The~£~e; "it i'~'"~ur~he~ recommended that any Council consideration for such permanent constructior. shouid =.on~y-be~- me~le upon reoogni~ion.,of, ~nd subj.ect to construction in acoo~n=e, wi'th i~the .plans and:~:~P~-u[~ications..o~.Mf.. Nar.k..FI. eming' the City Bng*~neer. -' ' "'.'~"' '-' ~" The..~it¥ :M~,ger i~=m~ .Council that ~:11' ~id~er, wer~'~;~ copies of the.,deslgn Plans' a~/J~cffica~ions of the framework that had been prepared bY Ci~.~-~Bnginee~ Fleming~ further, that each bi,derailed been ~sked, as aa;a.i~rn~te, ~ submi~ a quote °n'aj~amework of'their Own desi n t iied their own Tt s .also pointed out that thef,~lafi~ and sp~cifications for thi~ &~ing 'Ffame~k had been ...sent .to ~h?:~!ocal':awning co~rac~ors, ar~ ~o~e of them-had bid on same. The .C.!ty Manager assu~ed Coun_cil that ~ ins~allation of the con- crete, f~oor of. the,.pav/li~n'and the installat~'on of the frame' and/ awning WoUId Be ~..~ora. i~ted~ " ..':" '. - -~ : . · ., ~O~loW~ng.:'dt"s~U,iiO~;..:~-, =u~n~Y mov~d that. the .oo,t~ac~ be: a'warded ~0 .HoO'~er:: can~a'~ ~.~d'~C~ ~ ~pa~Y £n"t~e amotmt":~ ~ $~ ;'50! :'~$;: ~ha~ the wor~ b~.:.cOOrdina~d with~ ~he-~ra! contractor, and that the comple- ~ion .be ~.~ot inter than Decembe~ 1st, 1956. ?he motion was seconded by X. :. Mayor A~ery rec.ognized and introduced Mr. William. J. MCL~ughlin who recently. ~ile~ ..as a .~andiaa.te for. co~nc~1. ~6r th~'"C~min~ j. eieu~ion.. :.' Mayor A=a~i~.'anh0un~ed' tha, t 'councilm~n jame~ H; :Jurney~ ha~.a~.~0 fiIed ~'s 'a 'Co~uicil Candida'ts fO'r £~e coming eiecti~n; '."~ ~. a... ~ega,~ding. decl-aration Of '~li~ 'COmpany %0': reneW: lease: dh. DoCk property for a period'of ":£iVe yea'rs, city C~rk: worthing, reminded CounCil ':that' the original lease, ~ate~ September 2'9, 1956; waif':fo a period' of. ten. years from said idate, :'.and.;at the end of. ~hat. Piri°d::6~ .~ime .~e" lesSe~ was granted.: 6he "option .of renewing'_ sai~ ieaSe j~°r~ a': · Pe~!g~ Of 'fiVe yea~ a'nd, 'if, ~erc£'se~,': Was f~th~r. :..:.'-:.-.. . :' ."::::. -i0/ 0; 6 .:'. 216 and privilege of renewing ~he lease £or an additioma-1 five-year period. T~e City Clerk in~ome~ '~cil t~t ~e PX~ ~any, ~der date of sep~r 6, 1966, ~s ~vised ~e C~ty o~ ~lray Bea~ ~at said ~pany has elec~d ~ renew ~e lease fo=-~e final option1 of fits y~rs u~ncAng ~er 30, 1970, and te~inating ~pte~er 29, 1975, a~ if it is ~e.~easure of Council to do so, it should accept the notice from PX~...~pany, d~ed Sep~e~er 6, 1966, electAng to exercise its right and renew said .l~se for a peri~ of five ~ars c~encing Septe~er 30, 1~70. ~r~er, ~at ~ ~lieves ~e reas~ for ~e notice of t~ PI~ ~mpany to exercAse its privile~ of renew- ~ng ~e lease for an additi~ five years is due to ~e fact ~at is contemplating ~r~eferr~.lease ~ ~. ~lter H. Simpson, 1231 N. W. 3rd Avenue, President of D~o-~st Co,ration. Follo~ng ais~ssion, ~. ~ey ~ove~ to a~ept ~e notice from Pl~ ~any, dated septe~r 6, 1966, electin~ to exercAse its right ~d re~w said lea~ for a period of fi~ ~ars co~ncing ~pt~r 30, 1970. ~e motion was seconded by ~. ~oft and ca==ie~ unanimously. X. ~r Ave~ informed ~cil ~at it is necessa=y for him to leave ~is meeting in order to attend snorer meeting, and as~e~ ~at Agenda items 8.a. an~ .8.b. be constdere~ at ~is time, ~lch was agree~le to Co~cil. 8.a. City Clerk Worth~g p=esented ~SOL~ION ~, 37-66. A ~SO~XON OF T~ CITY .~C~ O~ ~ CITY OF D~Y SE~ER 26, 1966, ~TX~ ~ DXS~X~ A ~RTXON OF N. W. 4th A~ L~ IN SE~XON 8-46-43, ~ IN ~ CX~ OF DE~Y ~, ~R~A. (copy of .~aolution ~. 37~6~ is attached to ~e official co~ of ~ese minu~s.) See pa~e 219-D. ~. J~ey moved ~t ~luti0n No. 37-66-be passe~ an~ a~opte~ on ~is first and final reading, the motion ~ing se~n~e~ bM ~ Sanders. ~n call of roll, ~. Croft, '~. Jurney, ~. Saunters an~ ~r AVery voted in favor of the'~tion an~ ~. ~lbot abstained from voting. 8.b. ~e City Clerk presented ~SOL~XON NO. 38-66. A ~SOLUTXON OF ~ CITY CO~CIL OF ~ CX~ OF DE~Y B~CH-, F~RXDA, ~TX~ A~ A~NG ~T ~RTION OF ~R~AST FI~TH ST~ET ~E~X~ ~S~Y ~R~ N~TH- ~ST FI~ A~ ~ T~ EAS~LY LI~ OF ~ EAST ~A~ ~O~ (copy of Resolution No. 38-66 is attach~ ~ ~e official ~py of ~ese minutes.) See pa~e 219-A Resolution ~. 38-66 ~as unani~usly ~ssed and a~opted on first and ~inal reading, on .motion bM ~. Jur~y and seconded by ~, Ta~t. X. ~r AVery relin~ishe~ the gavel to Vi~-~r Croft a~ ex~used himself fr~.~$he meeting. 7.b. Regarding a permit to solicit funds, City Clerk ~r~ing info,ed CounUil that the ~ity ~est ServA~s, sup~rting 25 agencies, quests ~ission to solicit funds wi~in the City from Feb~ry 3~ thru ~ebruary 20~ 1967, letters to ~ ~iled during ~e ~on~hs of No~er, 1966 and January, 196~. ~r~er~ ~at ~e ~a=i~ble rations C~it~e reoo~emd approval~ of ~e re,est an~ ~-Xso reco~end that ~e Co~ity Chest 9rive.be ~e fi=st solici~tion aLlo~d ~n City in any calen~ ~r. 10-10-66 Mr. Talbot moved that the suggestions made by the Charitable Solici- tations ~ommittee be aPProved, .the motion being seconded by Mr. Jurney and unanimously carried. 7.c. The City Clerk informed Council o~ a petition for permit to dis- pense beer and wine for ~,onsumption OFF the premises, and in conjunc- tion with a g~oce=y store/ namely Don's Dixie Market, hsving been re- ceived from its owner, Donal~ ~arl Seeley, the market being located at 1130 West,Atlantic Avenue~ further, that the store is nearing comple- tion and merchandising stages, and that it is recommended 'that Council approval of this petition be subject to all regulations and require- ments pertaining thereto being, met. Mr. Jurney moved that this petition for permit to dispense beer and wine for consumption off the premises be granted. The motion was seconded by_ Mr. Talbot an~ carried unanimously. ?.d. City 'Clerk Wort~ing informed Cou~ci. 1 of. an application for dis- pensing of beer and wine for consumption ON and OFF the premises at 1339 West Atlantic Avenue, The. New Wampus Inn, having been received from the new owner, Mr. Arthur C~ Ouince. That the appli~ant' has been thoroughly.processed ..in the manner as .required by the laws of the City, as pertains to dispensing of such beverages, and approved by the prop- er agencies, and that it is recommended the application be approved and the request granted. It was so moved by Mr. Saunders; seconded A ~SOLU~IDN OF..T~ .CIT~ COUNCIl. OF THE ¢~TY OF. .... ~FaC~, ~...L0aXDA, aSSEsS..x.NG costs FoR AmATxNG ~UXsA~c~s.. SUC~ A~A~N~ .AND L~VXI. NG T"~ .COST OF SUC~ (Co~y~of a.e~Ol~ti0n. No:: 39':66.is 'a=~ached. to the o~f~.Ci~a1 ~opy:'of these re.inures..) See pa~e Resolution No. 39-66 was .unanimously.passed and a~opt~d on-this first &n~.-final ~eading,. o~ mo~ion by..Mr; Talbot and se~ond~ bY Mr. Jurney=.' ~EACH, FLORIDA,. ANMEXINO--~O THE CITI~ 0F DELRAY ACRES, {~HICH LAND mS.'CONTIGUOUS-TO ~XISTING MUNICZPAL* LIMiTS.OF SAID CITY{'"R~DI~FINING.~.THE~..BOUNDAR~ES OF SAID OBLIGATIONS OF SAID ~LAND; AND PROVIDING FOR THE ZONING TH~HEOF. 401 ~N. W.. 18th S.treet ~Copy'of ordinance No. J$2~66. iS attached to .the official Copy` of these minu~es..) 'See 9a~e ~!9-GZ There .being. no. objec~.ion tO.Ordinance .No., 52-6.6, said Ordinance was .unanimou ly passed'"sn~ adopted .o~ ~his second and ~final reading, on motion by Mr. Jurney and se~o~led by Mr. Sa~nders-. 8.e. The City. Clerk presented ORDINANCE NO. 53-66. A~ ORDINAIqCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANN~XIN~ TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS. OF SAID 'C!TYr REDEFINING THE BOUNDARIES OF SAID CITY TO INCLtIDE SAID LAND7 PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID-LAND~ AND PROVIDING FOR THE ZONING T~EREOF. 600. N. W. 9th Street (Copy of ordinance No. 53-66 is attached~-to the official copy of these minutes.)_ See page There being no objection to Ordinance No~~ 53-66, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Talbot and seconded by Mr, Saunders. 10.a. The City Manager informea Co~n~cil: %hat as 'a result of it having been determined that certain automotive e~uipment was no longer needed by the City, and at its direotive~ NOTICE OF INTENT TO SELL the follow- ing described property was legally-pro~ided in the .local newspaper on September 22nd and 29th, and that .in accordance w~h said notice, a public auction was held at 1:00 P.M. on Friday, October ?th, at the City Garage. Further, Mr. Max Woehle and Mr. Raymond Metzler ware the only parties in attendance at the sale, the following bids were sub- mitted by Mr. Woehle, and that Council may accept or reject any or all bids~ 1. 1951 'lCnite Truck T-102 $300.00 2. Hobbs Model No.~ 5094 Fork Lift ND BID ~. 1949 Ford 2-ton Stake Body T-35 .125.00 4. 1945 Ford 1~ ton Stake Body T-52 35.00 5. 1949 Chev. % ton Pick Up T-?4 50.00 6. 1947 Ford 2-ton Truck T-54 75.00 City Manager Gatchel reco~ended that the bid on Item No. 1 be jeoted and that I2em 2, on which there was no bid, ~o in conjunction with Item 1 since the two items are now one unit. The City Manager further recommended that Council accept the bi~s on Items 3, 4, 5 a~ 6 as stated herein. Mr. Jurney moved to accept, the bids on said equi~ment with the ex- ception of Items 1 and 2. The motion was seconded by Mr. Saunders. The City Manager said he felt the White Truck is worth more than the amount bid on same and that further effort should be made by the City Administration, through advertisement, to get a _more acceptable bid on the White Truck and Fork-Lift. U~on call of roll on .the motion that the bids on Items 3 thru 6 be a¢ce~ted, the motion carried unanimously. 10.x. The City Manager reported~ to Council as follows=' "As per Engineering Company's progress repot2, ~which was received in..the .office this date, there is now due and recommended for Payment to the prime contractor, Dickerson, Inc., the sum of $125,254.09, which amount is concurred in by the contractor, as reflected in the detailed ~Monthly. Construction Estimate', and concurred in by the City Engineer and the City's Director of Finance. Council approval for effecting this paY- ment is, therefore, recommended." The City Manager ex~lained the foil°wing report which ~s part of Progress Report No. 4, coverin~ WOrk completed through September 25th, 1966: MOL~T~r~Y C0NSTRUCT:iON ESTIMATE eONSTRtJeTIO~ OF eoNe~,ETE' B?~OeK ~J~W.T~mNT WALL TOTAL BID. ESTIMATE $5~..9~ 88.5 ~0~0 TOTAL value work Complete 437,970.88 TOTAL value Change Orders ~10- 22,471.2Q0_10,66~ TOTAL all work complete 460,442.08 LESS 10% retained by Owner 46,'044.21 TOTAL due for ~ork complete TOTAL due this report ~,397.87 LESS previous payments 289,143.78 PA%~NT DUE $125,254.09 The City Manager explained that following this payment of tonight, there would be a balance of approximately $136,000. due on construC- tion, .engineering and supervision of the entire job, and that figure also inoludes the 10~ fetal-net. Mr. Saunders moved that the bill to Dickerson, I~- in the amount of $125,254.09 be paid on the recommendation of Glace Engineering-Corp. and the City Engineer. The motion was seconded by Mr. Jurney and carried unanimously. City Manager Gatchel informed Count{1 that tw~ bills have been re- ceived from Glace Engineering Corporation in accordance with the pro- gress report that has been approved. One bill is in the amount of $1,106.00 for inspection services ren- dered by Glace Engineering Corporation for the m6nth ending September 25th. The other bill is in the amount Of $2,160163 being for Engineer~ ing services for the portion of the contract that Council ha~ Just authorized payment on to Dickerson, Inc. for the $125,254.09. The City Manager recommended :that both of these bills be paid and reported that these bills"h~ve-b'een-~,'CheCked by the City Engineer and Finance Director and are //% ~Ping with the contract between the City and Glace Engineering ' Co~oration. Mr. Saunders moved '{hat ea/d bills be paid, the motion being second- ed by Mr. Jurney and unan~s~¥ carried. 10.b. City Clerk worthing prese~d Bills for Approval as follows: General Fund $ 48,585.98' Water Operating &'Maintenance' Fund 5,063.55 Cigarette Tax Fund 5,358.00 Capital Improvements Construction Fund 12,012.96 Sewer Construction Trust Fund 12,857.29 The bills were unanimously ordered paid, on motion'by 'Mr. Talbot and seconded by Mr. Jurney. 10.X. Mr. Wm. J. McLaughlin asked to what extent the beach revetment was damaged as a result of Hurricane 'Inez. City Manager Gatchel reported that there were tWO. or three points of cave-in in the revetment due to the high tides caused by the hurricane and that all of the cave-ins were of a minor nature and due to' the fact that the job was not completed and had not been sealed. They were at points of some of the drain pipes for road storm water purposes, and in an area where the berm blocks had not yet been placed. Further, that the failures were the responsibility of the contractor, and no conse- quence to the City in the way of cost. The City Manager further reported that the Contractor was very much satisfied with the minimal damage that he sustained. The meeting adjourned at 9:45 P.M. City Clerk MAYOR -11- 10-10-66 219-A · ~ ~RXDA ~ COAST ~X~O~ WAY. ~S, ~e ~gh~-o~-~y described a~ve has not been opened or deveXoped, ~8, LB~ M. ~B~, AS ~RUS~ ~oF ~e o~e~s of ~e pro~rt~ea abutting sa~d r~ght-o~-way re~ested ~e ~cat~on an~ abando~nt ~reo~ as n~d ~ight~-~ ts no Xonge~ re~Fed ~or pFov~d~9 egress and ~ng~ess to any OF T~ Cl~ OF DR~Y B~, That ~urs~nt to Section Seven (~). Pa=agraph Three (3) of ~e ~rter for ~e City of ~lray ~aeh. Plo=ida. and ~ to ~e City being ~urniohed a pro. fly e~uted BA~- ~ D~D o~r the west ~en (XO) ~aet of ~e des~t~ right- of-~y, su~ EAS~ ~ing required for p~lic utility..p~ ~ses, ~ do hereby declare the toll~inq ri~t~t-~y ia the ~ity og ~lray ~a~, Plotids, to b~ vacat~ and aba~do~d: ~at: portion of ~east Fif~ Street ex~ndinq. ~8tezly from ~r~east Fif~ Avenue ~o the ~s~er~y li~ of ~e Flo=~ ~st Coast hilroad r~ght-of- PAS~D ~ ~O~D in ~egular session on ~ia ~e lOth day of October , 1966, ·/S'/.A1, C.:. Avery ........... MAYOR _/S/ R..D. Worthinf City Clerk 219-B PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 and SECTIONS 15-3 and 15-4 OF THE CITY CODE. PROPERTY CITY O,~R ADDRESS DESCRI, P ,T, ION _CODE W. Pa~ 2each, Fla. B10ck'~6 15-4 · , ,33407 Nellie M. P.O. ]~'~*;t6:~0 '!: Lot 10 & North 25.3 15-3& MacMillan Delray Beach, Fla. feet of Lot 11, 15-4 Block 28 3. Stanley Benjamin Rt. # 1,' BoX 417 North 74 feet of 15-3& Delrey Beach, Fla. South 2~9 feet of 15-4 West 135 feet, Block 20 4. Malsie E. Bue~k 1410 ~Ovidence Road Overgrown part of 15-3& RiChmOnd; KY. '40475 Lots 10, 11 & 12, 15-4 Block 65 5. MarlandW. & P.O. Box 2244 Lots 1, 2 & 3, 15-4 ~linore B. Delray Beach; Fla. Block 66 Zimmerman 6. Susan Bee Brown P.O. BOx 33? Lot 4, Block 66 15-4 7. Clarence E'; 320 Oak~e¥ street Over~own part of 15-3& Wahn~ied~er, EvanSville, 'Ind.47~10 Lot"l, Block 67 15-4 8. Mary G. Pittman 625 S. W. 7th Avenue Lot $, Block 5, 15-3& Delray Beach, Florida Roaemont Park 15-4 Violations 15-3 and 15-4 as concerns this report are as follows: 1; 15a3:h garden trash 15-4 - weeds, vines, palmettos and undergrowth 2. 15-3 - garden trash, logs and junk 15-4 ~ weeds,, vines and undergrowth :~ 3. 15~3 - garden trash ...... 15-4 - high weeds 4. 15-3 - garden trash 15-4 - high weeds 5. lS-4 - high weeds . 6. 15-4 - high weeds 7. 15-3 - garden trash 15-4 - high weeds 8:. ' 15-3 ' 'logs and b~anches on north property line 15-4 -weeds and 'undergrowth on east property line Submitted to the City Council by the City Manager on thia the loth day. of October, 1966. 219-C ~S, on the 25tli day of ~anuary, 1960, the City of Delray Beach, Plorida,. hereina;£~r ca.!lsd the Lessor and V~erans o~ Foreign Wars of ~elray Beach~ Floriea~" here:ina'£ter ealied the Lessees entered into a lease agreement concebning- certs-in commonly known as the Pony League haeba:Ll Park~ ,and 3~BRBA8, 'T~e Lessees now wish to surrender all rights to and under said Lease, and £u~ther wish that said Lease be cancelled~ and ~HRREAS, the Lessor' is willing to agree to s cancellation, and is ~urther willing to pay the Le'esees a reasonable sum '~Or the improvements which have been erected on the said leased HaW ~HEPZFO~E, in consideration o~ ten ($I0,00) dollars, and other valuable considerations it is mutually agreed between the parties, as ~ollows: 1... The_alo=edascribed.. ldaee~ ag~Uemento ~ated ~anua~y 2$th, 19f~0 ~or the property';cOmmOnly k~wn as the Pony League Bess- Bell Park, be, and the same iS'he'reb¥ cancelled, and 'the Lessor shall hereafter have all ~ights to Said p~operty, more' particularly described as: Block Thirty-seven (~7) o~ the Original TOwn of Llnton (now Delrsy Beach, F~orida~ according to the plat thereof on file in the o~fice sE' the Clerk of the Circuit Court in and ~or Palm Beach County, Flor~dao in Plat Book l, Page ~. 2, ~he Lessor a~f~eS ;20 pay the Lessees the sum-'o~ Five Thousand ($$,000.00) Ddli~ra Eo~ the improvements which have been erected on the said leased premises, ~hiS sum shell be paid upon the receipt of a duly ~Xecuted Bill of Sale conveying said improvements to the Lessor. le WI?~ESS WH~OF, the Lessor has caused this airreement to be executed bY its :,~yor and 'attested by the City Clerk and ~he City sea! 'to ~e'~tixed thereto, and the Lessees have also executed same on ~his day o2 October° 1966. CXTY OF DP. LRAY BEACH Mayor ATTEST: /S/ R. D. ~/orthin~ City Clerk Signed, sealed and delivered in the presence o~: /S/ Warren 0' ~c. Carrian /S/ Clarence ~, /$/ Edward J. Mislazek /S/ Walter ~ Williams /S/ Charles .F' Godfre,y TRUSTBP-~ OF THE VETERANS OF FOREXGH WARS OF DBLRAY B~ACH, FLOaZ~A 219-D RasOLWXoM SO A R~SO~,%~. OS OF r~ CZ~, ~l~ OF ~ CX~ O~ a~ ~e Feco~d~ng ~eFe~n o~ ~CO~ and ~ AdditiOnS ~o s~ F~gh~s. ~o ~he 'deve~o~r ~e~eo~, of any .~u~e ~ights-of-~ as ~ar on said plats; and ~8, ~e develope~ o~ bo~ ~ and ~ to ~GH A~8, ~. F. ~. Schrader ~e~ests ~e vacation and aba~on- m~t of ~e herei~fte~ desc~ibed right~t-~y~ and ~S, ~id described ri~t.of-~y serves no p~r~ee, as su~, and ts not re~tred [or providinq eqres8 or in~ss 2o any lands~ and ~S, need has ~en desecrated to~ an '~S~' ~e West 26 feet of ~e East 33 fee~ o~ ~e hereinafter desc~i~ ~IOH_I - ~at p~s~nt ~o ~cti~ Seven (7), .~ragra~ ~ee 13) of ~e ~arte~ ~o~ ~e City.o~ Delray ~aCh, ~lgrida, and S~ to West 26 ~eet of ~e East 33 feet st ~e del~ibed rl~-ofe~y, such · o&oeMnt .~ing ~e~iEed ~o~. utility~se~, ~ do hereby declare ~e iollo~n~ ~E~ion of...H.W. 4~, Aven~ to h diocontin~ and vacated z ~e Ea~t ~S ~eet of the ~orth i34 ~eet of ~e N, ~, ~ of the N, E. ~, Secti~ 8~6a43~ and .the West 25 feet of ~e Nor~ 134~teet o~e~ise descried as t~ hot 2~ ~oo~. of ~e . :. ~r~h 134 fee% of ~CO~ ~DI~OH ~ HIGH A~S as ~h~ on P1.Bk. 23-37~ and the West 25 feet o~ ~e Nor~ 134 feet o~ ~I~ ~DITI~ ~ A~S as sh~ on Pl. Bk. 24-19~ said Pla~ Books ~inq a.~rt of the ~lic ~rds o~ Palm ~ach CoUhty, Florida, ~ 2-- ~at Resolution 36-66, ~ted sep~e~ 26, 1966t be; and ~e's~e" is here~y zesc~ded. PASS~ A~ ADO~D in-regular session on..th~s ~e 10~hday Of 0c'tober , 1966, /S/ ~,1. C. ,,Aver.y MAYOR A'I~E ST: City Clerk RESOL~A~ION NO. 39-66 219-E A RESOLUTION OP T~E CITY COUNCIL OF T~ CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY~ SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND L~VYING T~E COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID' LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE- PoRT OF .T~E CITY :MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the City COuncil of the City of Delray Beach, did, in declare the existence of a nui- sance upon certain lots or parcels of land,~desoribed in a list sub- mitted to them, for violation of the provisions.of Ordinance G-147~ WHEREAS, pursuant to such declaration, the City Clerk of said City didfurnish each of the respective owners of the lands described in said list with a notice describing the nature of the nuisance and that they must abate said nuisance within thirty (30) days, failing in which the City Council would have it done, and the cost thereof would be levied as an assessment against said property~ and WHEREAS, the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respective lands within the time-prescribed insaid notice and..Ordinance'G-147, and the City of Delray Beach was required to and did enter upon the following lands and incur costs in abating the nuisance existing thereon as described in'the aforesaid list; and WHEREAS, the City Manager of the.C~ty of Delray'Beach,.has, pur- suant to said Ordinance G-ld7 and the City Charter submitted to the City Council a report of the costs incurred in abating the nuisance as aforesaid, said report indicating the costs per parcel of land involved. NOW, THEREFORE, BE IT RESOLVED BY T~E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~. I That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or par- cels of land described in said report, a-copy of which is attached hereto and made a part hereof, are levied against the parcels of land described on said report and in the amounts indicated thereon. Said assessments so levied shall ~e a lien upon the respective lots and parcels of land..described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be col- lectible in the same manner and withthe sam~ penalties.and under the same provisions as to sale and foreclosure as city taxes are collect- ibleo - 2. That the City Clerk of said City sh~ll, a~ soon as possible after the effective date, record a certified copy of this resolution in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and upon said report a notice that the City Council of the City of Delray Beach, did, on the llth pf July, !966 . order the abatement o~ a c~rtain nuisance existing on.their described property andproperty owner having failed to abate such nuisance, within the 30 day period, whereupon it was abated by th~City at costs shown in said report and such assessments shall be legal, valid and binding obligations u~o~ the property against which said assessments are bevieS. ~h!$ resolution shall become effective 30 days from the datg'e$ ~gp~ion~ and the ~ssessme,$s ~ontained herein shall become due a~ P~Ya~le ~h~rty days after the mail~ ~ of the notice of per annum on'an~ unpaid portion thereof. ~ PASSED AND ADOPTED in re~ulaP a~siqno~ the ~day of October , A.D. 196__6. ~1 (' ~'~ 219-F COST OF ABATING NUISANCES UNDER ORDINANCE NO. G-147. PROPERTY DESCRIPTION OWNER. ASSESSMENT JUly 11, 1966 list. North 55 feet of South '443 Elijah & Earnestine $15.00 feet of East half of Block 3, Johnson P~iest's Addition to Atlantic Park Gardens. Lot 467, Tropic Isle. Robert E. Johnson $25.00 West 25 feet of Lot 82 & Andrew &.Julia Sroka $20.00 East 35 feet of Lot 81, DelrayManor. 219-G O~DINANCE NO. 52-66. AN ORDINANCE OF ~ CITY CO~C~ OF ~ CI~ OF DE~Y B~, FLOR~A, ~NG ~ ~' CITY OF DE~Y ~ CERTAIN ~ ~LY L~ 1, SECO~ ~DITION ~ ~GH A~S, ~ ~ IS CO~IGUOUS ~ E~S~NG ~CIP~ LI~TS OF SAID CI~ SAID ~ PROLOG FOR ~ ~G~S A~ OBLI- ~TI~S OF SA~ ~ ~ PRO~DI~ FOR T~ ~AS, ~EOR~E W. TALB~, ~. and G~T~N V~ ARSD~E ~B~ (his w~fe) are ~e Eee simple o~ers of ~e pro~rty herein- after descried, and ~AS~ GEORGE W. T~OT, JR. and G~T~N ~N TALBOT (his wife), by ~eir ~t~tion, have ~n~nted and g~ven ~r- mission for the a~ation of ssid pro~riy by the C~ty of Delray Beach, and ~AS, ~e City ,of Delray Beach has heretofore ~en au- thorized to a~ex lands in accordance wi~ Section 185.1 of ~e C~ty ~rter of ~id City ~anted to ~t by the State of Flor~ NOW, ~FO~, BE IT O~AI~D BY T~ CITY ~CIL OF CI~ OF DE~Y ~EA~, F~A, AS ~ION 1. , That the City ~uncil o~ ~e City of Delray Beach, Palm ~aoh,.,co~ty, Fioriaa, hereby annexes to said City following descried tract of land located in Palm Beach Florida, which lies contiguous to said City, to-wit= ~t ~act of land, namely Lot 1, Second Addition' to High ,Acres~ per Plat ~ok 23, Page 37, ~lic Records of Palm Beach cowry, ~CTION 2. ~t the bo~daries of the City of Delray Beach, Florida, are hereby redef~n~ so as to include ~ere~n ~e ~ove scri~d 2tact of land and said land is hereby declared to be wi~in ~e corpora~ limits of ~e City of Delray ~ach, Florida. SE~ION 3. ~at ~e tract of land heretnabove descried hereby declared to be ~n Zoning Dis~ict R-~, as def~nea by exist- ing ordinances of the City of Delray ~a~, Flor~aa. SE~ON 4. ~at ~e land herei~bove descri~ shall im- medi~tely he.me s~Ject to all of ~e franchises, privileges, m~it~es, debts, obligations, liabilities, ordi~nces and laws which lands ~n the City of Delray Beach ~re now or may .be, and residing ~ereon shall Be deemed citizens of ~e City of Delray ~ach. SECTION 5. That if any ~rd, phrase, clauee, sentence or Part of this ordinance shall ~ declared illegal by a court of tent jurisdiction, such record of illegality shall in no ~y affect the re~ining Portion. PASS~ in reeler session on ~e second and fi~l reading on ~e 10th day of 0ctoBe~ , A~EST: ..... M A ~ 0 R Ci~y Clerk First R~ding Septembe,~6, 196,6 Se~nd ~ading 0ctobe~ 1Q~ 1966 219-P~ ORDINANCE NO. 53-66. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELBAY BroACH, FLORIDA, Algl~XING ~ l~:~l~ CITY 'OF. DELRAY ~ACH CERTAIN LAND' LOCATED IN'SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 mAST, W~ICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LI/~TS OP SAID CITY~ R~.DEFIN~NG THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND~. PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID .LAND~ AND PRO- VIDIN~ FOR T~ ZONING THEREOF. WHEREAS, JO~N R. WESTINE and DIANE L. WESTIN~ (his wife) are the fee simple owners of the property hereinafter described, and WHEREAS, JOHN R. WESTINE and DIANE L. WESTINE (his wife), by their petition, have consented and given permission for the annex- attcn of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been author- ized to annex 'lands in accordance with Section 185.1 of the City Charter of said City granted tm it by the State of Florida; NOW~ THEREFORE, BE IT ORDAINED BY T~E CITY COUNCIL OF T~E 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 in section .8, TownshiP 46 SoUth, Range 43 East, Palm Beach County, 'Florid'a, described as follows: The Westerly 101.59 feet of Easterly 126.59 feet of Northwest ~uarter of Lot 3, lying south of County Road, less the South 150 feet, Section' 8-46-43, '?f~lm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, ~&re 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 C'~'ty of DeIray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be. in Zoning District R-laA as defined by exist- ing ordinances of the City of Delray Beach, Florida. SECTION 4. That the lands' hereinaboVe described shall immedi- ately 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 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 regular session on the second and final reading on the 10th day of 00%obe~ , 1966.. c. ....... ATTEST.. M A Y O R City Clerk First Reading S~pte~b.e.r ~6~ 1966. Second Reading .Octobe~ 10.._!966