11-14-66 235
NOVEMBER 14, 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 CounciImen J. LeRoy~oft, James H. J~rney and Jack L. Saunders,
being present.
1. A~ opening prayer was delivered by the Rev. F. E. Wrease.
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 October 20th and
special meeting of October 24th, 1966, were unanimously approved, on
motion by Mr. Croft-and seconded by Mr. Jurney.
3. Mr. J. Wm. Schmalz referred to letters he had written to the Mayor
and Council recently concerning the building of the Dorchester Apart-
ments east of Andrews Avenue across from the LyndonArms Apartments.
City Clerk Worthing read a letter from Mr. Schmalz, dated October
24th, 1966, asking why the Council had waited until July, 1966 to
prove the building of said Dorchester Apartments, and what kind of
fire fighting equipment is needed to take care of a 10-story building
and whatit would cost the taxpayers of Delray Beach.
Mr. Schmalz said that he and other purchasers of Co-ops in the
Lyndon Arms apartments had been given assurance that there would be
no apartments built across from them in excess of 45 feet in height.
He also said that he feels in times_of heavy rain or hurricane that
the Lyndon Arms will be flooded on account of fill that has been put
in at the Dorchester Apartments~ further, that he. feels it is unethi-
cal for the Zoning Board to be made up of men, the majority of whom
could profit by decisionstheymake.
Mayor Avery pointed out that the property across the street from
the Lyndon Arms Apartments is just a landscaped area, that the
Dorchester Apartments are being built.on the Ocean Boulevard end of
said property.
It was also pointed out that rather than give the Dorchester
Apartments a buildi~gpermit when they first applied for same, the
application had been held up by. the Director of Planning, Zoning and
Inspection for sight plan approval which required more setback and
resulted in a better landscape plan.
It was reported that the City Engineer had studied the drainage
problems of the area and they would be satisfactorilyworked out~ that
prices have been obtained on a snorkel fire truck for consideration,
and that three additional men have been employed in the fire
4. Mr. Croft read the Beautification Committee meeting minutes of
November 2nd, 1966.
4.a. A roll call showed the following Civic Organizations and
representatives to be in attendance=
Beach Taxpayers League, Inc. Mr. J. Watson Dunbar
Breezy Ridge Estates Mr. John Sword
League of Women Voters Mrs. George Lyon
5. City Clerk Worthing read a letter to the City Manager and Council
fromMrs. Lloyd Benson, District Director of the Florida Federation
of Women's Clubs0 expressing their thanks for all the courtesies and
kindnesses extended to the State F. F. W. C. officers and district
when they recently held their meeting in the City Hall.
5. The City Clerk read a letter from Mr. Randolph Hodges, Director of
the Florida Board of Conservation, dated November 1, 1966, expressing
regret that he was unable to attend the B.~ach Revetment Dedication
Ceremonies on October 30th, and thanking the City for the kindness in
honoring him with a Certificate of Appreciation concerning same.
5. City Clerk Worthing read the £ollowing letter, from the Exchange
Club of Delray BeaCh, dated Nov~r 9th, 1966:
"Last year' at this time the City of Delray Beach turned over to
the Exchange Club of Delray Beach unclaimed bicycles which were
repaired and painted by the Exchange Club and donated to needy
children. Once again the Exchange Club has adopted this project
and we request that the City turn over to the EXchange Club all
of the bicycles which have been impounded for over six months.
If this request is granted, the bicycles selected will .be re-
paired and repainted and distributed on Christmas Bye."
The ~requeet was unanimously granted, on motion by Mr. Croft and
seconded by Mr. Jurney.
5. City Clerk Worthing read a letter from Mr. James Hughes, Recreation
Councilman of the City of Palm Beach Gardens, dated October 24, 1966,
regarding financial participation in the amount of 91,O00. in the
National Team Championship to be played December 3rd and 4th at the
Championship site.
Mr. Jurney said that he would rather save what money is available
for activities in Delray Beach and this South County area, and moved
to decline, with regret, participation in the PGA National Tea~ Cham-
pionship. The motion was seconded by Mr'. Saunders and carried unani-
mously.
5. City Clerk worthing read the following letter to City Manager
Gatchel from the Chamber of Commerce Charitable Solicitations Commit-
tee, dated November~ 8th, 1966: '
"In response to your letter of OCtober 31st, relative to the
request for a solicitations permit made by the National Founda-
tion, I wish to advise that the Solicitations Committee has
again reviewed this request and re-affirms its previous re-
commendation, which they feel is to the beet interest of a
majority of the citizens o'f our' Commurfity. The Committee
members wish to express their appreciation to the Council
for enacting their reComme~ndation."
Mayor Avery explained that this letter resulted from a protest of
the March of Dimes as to the time for their Solicitation being ap-
proved for two weeks in March.
Mr. Saunders suggested that the March of Dimes join the Community
Chest program.
Mayor Avery offered to write a letter to the March of Dt~es, setting
forth the suggestion made by Mr. Saunders. It was so moved by Mr.
Saunders, seconded by Mr. Jurney, and unanimously carried.
5.a. Mr. Jurney said that he had reaeived a complaint today regarding
trash, bottles and debris from lunches, etc. at the site of the'new
Publix Market, and asked if something could be done about that con-
dition.
City Manager Gatchel sai~ that item would be taken care of tomorrow.
5.a. Mr. Saunders said that he understands it is poss£ble to get a
County Court House Annex in this vicinity if land is provided for same,
and that approximately $100,000. has been earmarked for said Annex.
Mr. Saunders suggested the City property on S. W. 20th Avenue for that
purpose and said that he ~ould like negOtiations with the County on
the exchange of soma of that City property for property the County may
have in the City. Mr. Saunders then moved that the City Manager be
directe~ to proceed with sai'd negotiations. The motion was seconded
by Mr. Jurney and carried unanimously,
-2- 11-14-66
237
6.a. Concerning a survey of parcels of land in violation of the City
nuisance laws presented by the City Manager, Mr. Croft mOWed th~ the
city clerk be authorized to proceed with the enforcemen~ ~Chapter
15 of the Code of Ordinances, the motion being seconded~ by Mr. Saunders
and carried tmanimously. (COPY of nuisance survey is attached to the
official copy of these minutes.) See page 248'-A.
6.b. City Manager Gatchel reported to Council as follows= "The follow-
ing qualified individuals have filed as Candidates for the Office of
Councilman for a two-year term commencing on the first Monday in
January, 1967. In view of only four Candidates having filed, and
there being two Councilmen to be elected, in accordance with SeCtion
143 of the Charter, a Primary Election shall, therefore, be dispensed
with, and all qualified candidates shall be declared nominees and
their names will appear upon the Ballot of the General Election to be
held on T~esday, 6, 1966.
December
ROBERT B. BURN
JAMES H. JURNEY
WiLLIAM J. McLAUGHLIN
LeROY (Buddy) MERRITT"
It was so moved by Mr. Saunders. The motion was seconded by Mr.
Croft and carried unanimously.
Mayor Avery then .presented the follow~na ELECTION PROCLAMATION:
"WHEREAS, the Charter of the City of Delray Beach, Florida,
provides for a General Election for the purpose of electing
two City Councilmen.
WHEREAS, in pursuance of said charter provisions it is pro-
vided that such General Election shall be held on Tuesday,
December 6th, 1966.
NOW, THEREFORE, I, AL. C. AVERY, Mayor of the City of Delray
Beach, Florida, do hereby call for such General Election to
be held on Tuesday, December 6th, 1966, between the hours of
7~00 A.M., and 7:00 P.M., the Polling Place to be located at
the Community Center, 50 N. W. 1st Avenue, in the City of
Delray Beach,' Florida.
ALL qualified electors of the City of Delray Beach, Florida,
shall be qualified to vote i~ such election.
DATED at Delray Beach, Florida, on this 14th day of November
A.D. 1966."
6.c. City Manager Gatchel said that in compliance wi_th Chapter 12 of
the Code of Ordinances, Council should appoint a Clerk and Inspectors
who shall be responsible for the conduct of the election, and suggest-
ed that a Clerk and seven Inspectors be appointed from the first group
show~ below, and three Inspectors be appointed from the second group~
Group 1. Dorothy Bauer Nina Sprott
Vera Bone C.C. Turner
Alpha Browning Mary L. Walker
Florence Cramp Elsie Wharton
Beanie Phillips Frederika Woltering
Bertha P. Worthing
Group 2. Edward Conyer Alphonse Hudson
Willie Franklin John W. Thomas
Gertrude Green L.L. Youngblood
City Clerk Worthing informed Council of the individuals on said
lists who had been Clerk and Inspectors at the General Election in
December, 1965.
Following discussion, Mr. Croft moved that Mr. C. C. Turner be
pointed as Clerk for .the coming General Election and that-seven names
be drawn from the first group and three names from the second ~ro~p
to serve as Inspectors. The motion was second~ by Mr. Jurne~..an~
carried unanimously.
-3- 11-14-66 :'". '~
The names drawn from Group 1.are: Dorothy Bauer, Alpha Browning,
Florence Cramp, .Beanie Phillips, Nine Sprott, Frederika Weltering and
Bertha P. Worthing.
The names drawn from .Group 2 are: Willie Franklin, Gertrude Green
and L. L. You~gblood.
Said ind/viduals were unanimoUSly appointed as Inspectors for the
cOming General Election, on me, ion by Mr. Croft and seconded by Mr.
J~rney.
6.d. The City Manager presented an ASSESSMENT ROLL for fl11~g, grad-
ing and pav~g of that part of S. W. 11th Avenue. !ying between 2nd and
3rd Streets, to a width of twenty-four feet. (Copy of assessment Roll
is attached to the official copy of these minutes.) See page 248-B.
Said Assessment Roll was unanimously approved, on motion bY Mr.
Cro~t and seconded by Mr. Jurney.
6.e. Regarding aluminum rails for the new revetment wa11P steps, City
M~nager Gatchel reported to Council as follows:
"It being considered a very necessary safety provision, Council
authorization is requested to provide for construction and in-
stallation of two-rail aluminum handrails on each of the four-
teen sets of steps on the new beach revetment wall, together
with a handrail on the L-shaped retaining wall at the north
end of the revetment, cost of which has been estimated to be
$1,996000.
This recommended safety improvement provides for handrails on
but one side of the steps.. Cost of handrails on both sides of
the steps, plus the rail on the L-shaped retaining wall at the
north end is estimated to be $3,746.00~ however, it is.recommended
f~t but one rail be, provided on each set of steps, and that
~ds to cover the cost thereof, in an amount not to exceed
$2,000.00, be authorized from the General F~nd Contingency
ACCOUnt o"
The City Manager informed Council that. the cost of the revetment
dedication cergmony, the rep!acement and extension of the sprinkler
system, sodding an~d beauti~f!~.~tion, and the handrails would not come
from the beach revetment funds as those funds would possibly all be
used in pal~nent of the contract, engineering, and supervision.
It wes pointed out that these handrails would be built so they
could be removed in the event of a hurricane.
Following discussion, Mr. Saunders moved to approve the construction
and installation of aluminum handrails on one side of the steps and on
the L-shaped retaining wall at the north end of the revetment, cost
not to exceed $2,000. to come from' the Disaster Fund if available,
otherwise from the General Fund Contingency ACcount. The motion .was
~econded by Mr. Croft and carried unanimously.
6.f. Concerning a bid received for an obsolete 1951 White truck and
fork lift, City Manager Gatchel reported to Council as follows:
'tin compliance with Council directive, bids were solicited, through
advertisement in the Delray Beach News-Journal, the Sun-Sentinel,
the Palm Beach Post and the Miami Herald, for submission at a public
auction to be held on Wednesday, November 9th, a~ 1~00 P.M., on the
grounds of the City Garage.
Only Mr. Max Woehle of 310 No E. 4th Street, Delray Beach, appeared
and submitted the following offer=
A 1951 White Truck with Hobbs Model ~5094 Fork Lift - $700.00
or
Said 1951 White Truck without the Fork Li~t ..... $450.00
It ~s recommended that Council defer ac~on on these offers until
the next regular.masting. It was so ~ove~;~by Mr. Saunde~s. The
motion was seconded by Mr. Croft and carried unanimously.
-4- 11-14-66
6.g. In a review of consulting Eng~neez~s progress concerning Project
Planning for Storm Drainage in a portibn~of the Southwest Sector, the
City Manager reminded Council that On October 24th Russell & 'Axon had
been authorized to proceed with a comprehensive, report for storm
dr& in&ge.
Th~ City Manager referred to the following letter fro~ Mr. D. R.
Neff, Project Manager of Russell a Axon, dated October 28th, 1966':
"1. The City Council, as you know, during the course of a Special
Council Meeting he~d on October 24, 1966 authorized RUssell & Axon
to proceed with the comprehensive report on s~'orm drainage in the
southwest section'of Delray Beach.
2. My immediate concern was to be sure that we kept our r'elationship
on a sound footing at HUD. We have made several telephone calls to
Atlanta on this matter to check the Status of odr present application
and to request further procedural sdvice.
3. In summary, their advice was as follows:
a. They would process our planning appl£cation after receiving
an awaited letter from Don Morgan.
b. That thereafter it would ta~e approximately 6 months for the
application to clear.
c. In view of the~ desire on the part of Delray Beach to proceed
at once with the report, HUD officia'~s suggested that we 'withdraw
our present application, and submit in its stead .an application
for a project loan for the full amot~t of the estimated project
costs (which WOuld include construction, engineering,, legal,
administrative, land acquisition; and contingencies).
d. HUD further advised that such a project 'loan application
could be processed' in the same period of time as our original
request for preliminary funds.
e. If we proceed as above, we would save at least 6 months time
in getting the project under way.
4. In the event the Council decides to apply for' project funds, as
outlined above, HUD would require a letter from the Mayor to that
effect. In the interim, HUD is mailing to us the project fund
application forms.
5. Please consider the above facts and advise ma of your wisheS."
The City Manager Gatchel informed Council' that 'under date of Novembez
3rd, the:Engineers~ 'letter of October 28th was replied to, reflecting
concurrence ~ the C~y Manager in the recommendations of the Engineers
with but one m~nor exception, it be~ng:'not .considered advi~able, in
the best interest of the City, to withdraw the initial application for
planning advance. Further, that such ~ithdrawal could be 'made at any
time in the future 'when deemed to be in the best interest of the City,
and doubtless would be .done if Council decided to apply for-the long-
term construction loan and it then appeared that the presence of-the
application for the planning advance might jeopardize such application
for a construction loan.
In answer' to a question by Mayor Avery, Mr. Neff said 'that he didn't
know of any reason why two applications could not work at one time~
It was pointed out that Russell & Axon are not far enOUgh advanced
with the planning report to give a total estimated cost of the entire
drainage project.
Mr. Neff said that the application for a construction loan would be
prepared in conjunction with the preparation of the comprehensive re-
port~ and tha% he has the forms that were sent from 'Atlanta. Further,
that the Council-does not have to make a decision tonight, that as the
report develops and the project is ~i'ScuSsed with the Councilmen1, they
can make a decision at their convenience.
Mr. Neff explained that such application would be for a long-term
construction loan which would probebly be at a much lower rate of in-
terest than could normally be obtained on a City bond i~sue.
Regarding the possibility of a loan', the City Manager quoted the
following paragraph from his letter of November 3rd tothe ~Engineers:
"InformatiOn which I received at a Conference last week ~ndicates that
--5- 11-14-66
240;
Federal funds for such public works projects are quite limited 'at
this time ~due to the Federal governmentte involvement in the Vietnam
c~nflict, but I am of the opinion tha*~ 'these applications should be
pursued with all diligen~e so that we Mill be. ready when Federal funds
for either purpose' are available.
City Manager Gatchel said that he feels sure the $8,500. the City
has provided for this purpose to date .will certainly apply toward the
application for construction loan money if the Council decides to make
application for the construction loan.
Mr. Neff answered= "We can prepare the appiication for construc-
tion loan money concurrently with the report at no additional cost.
I would suggest that after we get it prepared, it be presented to the
Council and at that time they can decide whether they want to forward
Regarding interest ra~es on a construction loan from the govern-
ment, City Manager Gatchel quoted the following paragraph from a
letter received from
partmsnt of Housing and Urban Development, dated October 27th, 1966:
"The interest rate for the current fiscal year is not yet known, how-
ever, it ~s expected to exceed the four per cent rate applicable to
loans.made during Fiscal Year 1966 which ended June 30th."
Following discussion, Hr. Saunders moved that the application to
HUD not be withdrawn at this time, and that .the Council wait until
!~u~se11 & Axon have the report ready and submit the application at
·.hat time, if it is decided to submit said application. The motion
was seconded by Hr. Croft and carried unanimously.
6.h. Regarding the recently acquired 400 feet of beach property, City
Manager Gatchel reported to Council as follower
"~he major portion of this 400 feet of beach property is over-
grown with vines, palmetto and dense underbrush to the extent
that it is almost inaccessible. The City Engineer has gone
through this area with Hr. James T. Prillaman~ insofar as pos-
sible, and they have a general understanding of what is to be
cleared and what is desired to remain. In general, it is in-
tended to provide access from AIA to the beach, clearing seve-
ral paths and filling in a depressed area, leaving such sea-
grapes and trees as will present a. pleasing appearance. An
effort would be made not to unnecessarily remove any ground
cover which would cause sand to d~.ift and blow onto neighbor-
ing properties.
There are no City Forces Available for this project.
Hr. Prillaman has offered to clear the dense underbrush, leav-
ing all trees, seagrape and other clumps of ornamental vegeta-
tion, as directed by the City Engineer, for the sum of $950.00,
which offer also includes the bur~ing of the un~,~hrush, it
being presumed that the major portion of the underbursh couXd
be piled and burned at a location 8o~eWhe=e near the beach side
of the property, under the supervision of the Fire Chief, and
with favorable air currents, rather than hauling it from the
site for disposal elsewhere, which would add appreciably to
the cost of the
Not only would it be extremely difficult to write any specifi-
cations for this type of project in order to solicit competi-
tive bidding, but this offer is considered very reasonable and
should it be the pleasure of Council to approve acceptance of
Mr. Prillaman's bid; necessary funds to provide for this im-
provement should be authorized from the General Fund Contin-
gency ACcOU*lt. #
Hr. Jurney said that he is not. &n f~ of spending any money on
that beach, that he is in favor of selX~g it. Further, that he feels
-6- 11-14-66
the beach is not large enough, for picnic tables, etc, and it would be
a mistake to have a picnic area in that location, that there is no
place for parking, and if said beach area is. improved it would eventu-
ally create more taxes to be paid by the taxpayers of Delray Beach.
Mr. Sa.unders said he felt the beach property was a good buy and
that the City should try to improve .it .so that it can be used. M~.
Saunders then moved that this item be tabled until Mr. Talbot is
present and it can be discussed further. The motion~ was seconded by
Mr. Jurney and carried unanimously.
X. Mayor Avery reported that Mr. Talbot had been detained in New York
on business.
X. The Mayor recognized and introduced Councilman Gilbert Collins of
Boynton Beach.
7.a. City Clerk Worthing presented.the following Petita~on sig~ed by
Mr. John B. Ambrose, developer of Sudan Subdivision, dated November
3rd, 1966~
"The undersigned in behalf of himself and his sister Isabelle
M. An~e, o~ners of the Sudan Subdivision, respectfully shows
unto ~his. Honorable Board as follows:
1. That..the proposed preliminary Plat dated October 11, 1962
was approved by your Board on the 29th day of April, 1965.
2. That since the approval certain, improvements, to wit:
streets and drains were completed by .your Petitioner as re-
quired by your Subdivision Ordinances.
3. That remaining work to b~ completed are,sidewalks and
the widening of Davis Road as proposed in said Plat.
4. That because of the closing of the southerly exit of
Davis Road byAtlanti~ Avenue Bridge, it is undetermined whether
or not the opening will be perfected by the City of Delray Beach
in order to permit ingress and egress to the said Sudan Subdivi-
sion.
5. That pending the opening of said Davis Road 'to Atlantic
Avenue, your Petitioner requests that the paving of Davis Road
and the sidewalks along Davis Road be postponed until such time
as the opening of Davis Road at the intersection of Atlantic
Avenue has been officially completed.
6. That the construction of said sidewalks on the north and
south side of Poinsettia Boulevard be postponed until the con-
struction of homes on the said lots facing Poinsettia Boulevard
and that the granting of the Certificate of Occupancy on said
lots facing Poinsettia Boulevard be .conditioned upon the con-
s~tion of said sidewalks. .:
7. That your Petitioner further shows that he has obtained
the cost of the construction of the widening of Davis Road from
Hardri~es, Inc. showing therein the price of $6,651.00, a copy
of said :statement being attached hereto and being made .a part
hereo~. -.
8. That your Petitioner further shows that he has-obtained
the cost of the construction of the sidewalks on the easterly
edge of the said subdivision and both the north and south side
of Poinsettia Boulevard from Green & Matra, Inc. to be in the
amount of $5,650.00, a copy of which is attached hereto and
being made a part.hereof.
WHEREFORE, your Petitioner prays that this Honorable Board
will approve said Plat upon the following conditions:
1. That your Petitioner gives to the City of D~lray Beach
a bond in .the amount,of $12,.000,00.as acondition of the ap-
proval of said Plat and performance of the installation of the
sidewalks and the paving of that portion of the easterly edge
of said subdivision dedicated for roadway purposes, and that
the said Sudan Corporation, to.which your Petitioner and his
sister are the sole stockholdersr grant to the City of Delray
-7- 11-14-66
,242
Beach. a lien upc~ the remaining portion of the undeveloped
lands in the said , .s~ivision, namely, Unit B and Unit
guaranteeing the ~.~.':~.' ation of said .impxovementa within a
period of two years '~i~ the period required'by your Board'.
2. Your Petitioner further prays that as an alternative,
should your Board decide against the aforementioned subsection
1, that he place the sum of $12,000 in a joint savings account
with the said' City of Delray Beach and you~ Petitioner, guaran-
teeing the same performance alledged above.
3. That aa a third alternative, should subsections I and 2
be rejected,' that your Petitioner post the said sum of $12,000.00
with the City of Delray Beach." See page 248-D-F.
The following memorandum' from the City Engineer, dated November
8th, 1966 was presented:
"With regard to the first five items o£ the petition presented
to the' Council by John B. A~brOse, it is the City Managerts
opinion that the construction of that portion of Davis Road~
shown on the preliminary plat as approved by the Council, should
be constructed to the required width of twenty-four feet in the
properly established location in accordance with City specifi-
cations, and that this is in no way~contingent upon the opening
of Davis Road at Atlantic Aventte.
The subdivie~lb~ ordinance provides that the final plat will not
be accepted by council and/or but'lding permits issued until all
facilities have been constructed or until an acceptable perform-
ance bond~ lids been furnished showing that all facilities will be
completed within a period of'twalve months.
~n rega~ti~,~he construction of the sidewalks, mentioned in
paragraphs s-~x-to eight, there will be no objection, providing
all other facilities were completed, to the Council's approving
the final plat and accepting a legitimate performance bond or
an escrow 'am~'.~,~.p~£ding for their comp!etlon within a twelve
month per~od~t~le understanding that no certi~icates of
occupancy be issued for any house until the sidewalks serving
it ware completed. This precedent has been .set in other sub-
divisions due to ~he fact that the sidewalks~ are damaged by
trucks in th% construc~i~n o~ the houses."
Regard~ ~pening Davis Road onto West Atlantic Avenue, City Clerk
worthing reported that through the efforts of the City Manager and
others, and particularly Mr. Bruce Owens of D'e~ay Farm Supply, a
dedication had been obtained of 25 feet of land southward from that
portion of Davis Road on ~he~east sid® of SUdan Subdivision to Breezy
Ridge Estates, and that th~ Plat of Breezy Ridge Estates provided 15
feet to the east of that S/Do Purther, the Lake Worth Drainag~ Dis-
trict has given the City a 10 foOt ,strip east of said 15 foot
making a continuous 25 foot R/W from Sudan Subdivision to where the
new bridge at West Atlantic Avenue eliminated the old entrance onto
that Avenue.
Mr. Worthing further informed Council that at that point and going
west to 24th Avenue there are four lots that the state bought a por-
tion of in the ~idening of West Atlantic Avenue. Mr. Worth,rig suggest-
ed that the City Manager be authorized to negotiate 'with the owner
for the purchase of the remaining portion of those four lots, and said~
if that property could be acquired an entrance for Dav~s Road onto
West Atlantic Avenue':'c~uld be provided.
Mr. Saunders move~'[~.hat the City Manager be authorized to negotiate
~i~k,~he owner of said. f~ ~ots £~Breezy ~idge Estates for the pur-
same. The Mr. croft and carried
unanimously....' '~'~-~' ~'
The City Manager ~aid'~at it is his recommendation that the ac-
ceptance of the Platif'~ Sudan SubdiviSion in no way tie into the
-8- 11-14-66
future of Davis Road.
Regardingaoceptanoe of a lien on ,the remaining portion of und~
veloped lands in Sudan Subdivision in lieu of a 'bon~, it was pointed
out that the Subdivision Ordinance states that a performance bond or
a cash deposit is required assuring completion of-the required fa-
cilities within a twelve mo~th period.
Mr. Ambrose said that he would post the cash with the City to
cover said performance, and in so-doing would request that it be de-
posited in the name.of the City and himself, and that he would re-
ceive the interest from those funds~ further, that he would give the
City a release..~o those funds in the event cfa default.
Fol10~n~.~Scuesion, Mr. Saunders said that if it can be worked
out legally an~ satisfactorily to ever~ne to have a joint account of
the cash. deposit, he would move that it be done, and any interest that
accrues wOuld go to Mr. Ambrose. The motion was seconded by Mr.
Jurney and carried unanimously.
City Manager Gatchel said that the preceding motion'includes the
improvement of Davis Road, Poinsettia .Boulevar~ and sidewalk con-
struction, the sum to be determined by estimated cost of the improve-
ments. It was pointed out that the amount of money to be deposited
in this case is $12,000.
City Manager Gatchel .said that by motion and action of Council in
agreeing to the acceptance of a cash bond, a motion is needed that
when this has been complied with that the City accept and approve the
Final Plat of Section A of Sudan Subdivision. It was so moved by Mr.
Jurney. The motion was seconded byMr. Croft and carried unanimously.
7.b. Mayor A~ery announced that this item for reassignment of .the
City Dock Lease had been withdrawn.
7.co City Clerk worthing informed Council that a petition for permit
to dispense beer and wine for consumption off the premises ~ncon~unc-
tion with a new 7-11 variety store, located at 718 N. E. 8th-Street,
has been received, that al! regulations of the City pertaining to such
applicatio~ have been met, and it is recommended t.hat the request be
granted.
The request was unanimously granted on motion by Mr. Jurney and
seconded by Mr. Croft.
7.d. The City Clerk £nforme~ Council.~hat a request for abandor~nent
of the 16 foot north-south alley in Block 45° as well as relocation
of a sewer collection line therein, has been received. Further= "The
City Administration has determined a satisfactory relocation of said
sewer~collection line to serve all properties within the block, as
was provided by the original a,~d ~urrently existing line, can be made
at an estimated cost of $3,400.00~
It is recommended that this petition be referred to the Planning/
Zoning.Board'for review and recommen~ation, with the understanding
that any ultimate gran~ of this request will be subject to the peti-
tioners, by properly executed agreement, approved by the City Attorney,
assuming'the total cost for relocation of the sewer collection' line,
now located within the block, to serve all properties therein."
Mr. Croft moved that this item be referred to the Planning/Zoning
Board for their review and recommendation, the ~otion being seconded
by Mr. Jurney an~ unanimously carried.
Mr. Robert ~racey informed Council that time £s of cowsiderable
essence in this. item, and asked the time the Planning BOard would be
asked to report to Council. City Clerk Worthing informed Mr. Gracey
that he felt certain that a report would come back to Council at its
next regular meeting on November 28th.
7.e. The Cit~.~rk'informed Council of a request having been re- -
ceived for _=%,~'~fi~ation of a 4 acre tract "of land, the W~ of SW%
NE%, of S~% l~l~..~tO, th of' th® north R/~ l£"e'of West ttlantic Avenue
in Section i~ship 46 South,. Range 46 ~ast, adjacent to and west
of_ Breezy Ridge E~ates,-from R--1AA (Single Family Dwelling District)
-9- 11-14-$6
to R-3 (Multiple Family Dwelling District). Further, that C~hcil
may deny this petition or refer same to the 'Planning/Zoning Board for
review and public hearing thereon, to be followed by the Board's
commendation to .Council.
Said request was unanimously referred' to' the Planning/Zoning Board,
-on motion by tlr. Saunders and seconded by Mr, Croft.
7.f. The City Clerk informed Council of a petition having been re-
ceived for reclassification of Lots 32, 33 and 34, B-lock 13, Del-Ida
Park, from R-2 (One end Two Family Dwelling DiStrict) to R-3 (Multi-
ple Family Dwelling District) with conditiOBal use to permit construc-
tion of a dental (orthodontic) Clinic. Further, that Council may
deny this petition or refer same to the Plaru~tng/Zoning Board for re-
view and providing a public hearing thereon, to be followed by the
Board ~ s recommendation to' Council.
Said petition was urmnimously referred to the Planning/Zoning Board
on motion by Mr. Jurney and Seconded by Mr. Cr~ft.
7.g. Regarding request of the F. E. C. Railway Company for City
authorization to proceed with installation of railroad crossing pro-
-tection signals at Lindell Boulevard, City Clerk worthing reported tO
Council as follows: "Estimated cost for such installa.tion is $23,500.
and the City of Delray Beach, by virtue of a properly executed agwee-
ment, dated December .6, 1957; and the adoption in that year of Reso-
lution No, 678, incorporating, in paTt, said agreement, did agree to
assume all costs in connection with such installation.
It is believed that Council may desire to defer such authorization
pending sUrvey and report of traffic currently utilizing the Linde11
Boulevard crossingl however, attention is called to the following ex-
cerpt from the agreement:.
Par. 9. 'The provisions and stipulations of this agreement
are a part cf.,the;Consideration Of the licensin~ of the above
privileges and crossing,' and in the event the said Second
Party (City of DelraY Beach) shall, fail to comply ~Ith any of
the covenants and conditions, then this license shall be void
and said described crossing shall terminate, with ~ull right
on the part of the Trustee and Railway to re-enter and
possess the same if they shall elect to do so.'"
Mr. SaUnders moved .to defer action on this item, the motion being
seconded by Mr; Jurney and unani.mousty 'carried.
7.h. The City'Clerk informed ~ouncil of a request by Mr. Jack Williams,
921 S. 'E. 2nd Avenue, for permission to solicit funds to cover the cost
and mailing of picture' and fashion calendars to serviceman overseas in
various branches of 'service. Further, that Council may grant or deny
this request or refer sams to the Solicitations Screening Committee.
The Ci.ty Clerk called Council attention to that Committee's report,
urider-date of July '8, 1966, wherein .it was strongly urged that any
such application by an individual be carefully considered before being
permitted, as' it was believed nec&sSary that any .solicitation of funds
shou~.d be made 'only by an established organization m~intaining accu-
rate records for ~t~e ,accouD~ing of all monies received and expended,
and such records/~ made Available tO the public.
Mr.: .Croft moved that this item be referred to the Solicitations
Screening Committee, the motion being seconded by Mr; Jurney and
unanimously carried.
7-~i. The City Clerk informed coU~'Cil Of a petition having been re-
ceived for permit to dispense beer and wine for consumption off the
premises, in con~unction with the Publix Super Market, located in the
post Office Block'l further, that a'.ll regulations and requirements
having been met by the applicant,' approval of the request is recom-
mended. Said request was unanimously granted, on motion 'by Mr.
SaUt~ders and seconded by Mr. Croft.
~T A POI~ LOCATED 4,003 ~ET SOUT~Y ~ ~ILWAY~S
(Cop,~.Of '~solutio~ NO. 41~ iS attache~ to t~e':Off~c~al, cop~ of
t~Se minu~s, ) - See. page 248-H. -~ ~ -' .... ~
ResolutiOn No. 41-66 was ~antm~usly ,p~ssed and a.do~d on this
first and final~.reading, .on ~tton by ~. S~ers and seuonded by
8.b. ~e City Cl~.k ~esented, ~SOL~ION ~; 42-66. ,,~
A ~SOL~ON 0F~ C~ COUNqIL OF T~ CITY OF DE~Y
. ~RTAIN ~ L~T~ IN SE~ION 4~ T0~SHIP 46
oF sA~ c~ To ~NCL~ SA~D ~ ~RO~D~NG FOR
-,/(,Copy o~.OrdXnanc~ ~,~. 5:7;66 is atKa~hed
The~e .beAng no objection to Ordinate, ~.. 57~66~,':~,s~i~ Ordinance
Ord~na~ce.,N0~ ~8-66 ~s,~nimous~lace~ ~ ,f~rst. reading, on
8.e. City Clerk' Worthing presented B~R~E~CY ORD/NANCE ]fO. 59-66.
O~ DS~Y B~, ~, ~~ S~IONS 2-20 and
2-22 OF ~ 2 .~B OF O~Z~S ~ ~Z8 CZ~ ~-
TAZ~ TO ~ OFFZ~ OF C/TY PRO~0R.
~e City At~r~y e~latne~ ~at presently the C~ty ~osecutor is
red,red to ~ a resident of and maintain an offi~ ~n ~e City of
D~lray Beach at ~e t~e of his ap~in~ent, and during ~he tenure of
his offi~, and ~at this e~=gency ordi~nce ~uld c~nge ~e red,fe-
ints ~ ~at he be a resident of or maintain an office in ~e City.
~ollowi~ d~suuss~on. ~. Ju~ey moved ~at Ord'~nance No. 59-66 be
~c~ined. ~e ~t~on ~s seconded b~ ~. ~oft. U~n cai1 of roll,
~. Croft and ~. J~ey vot~ ~n fair of ~e ~t~on, ~. Saunders
abstained fr°m voting, and ~r Ave=y was opposed.
~r Avery reltn~ished ~e gavel to Vice-~r ~oft and moved
that ~=gency Ordinance No. 59-66 ~ ~ssed and a~opted on ~s first
and final reading. ~e moti~ ~ied for ~e lack of a second.
Dur~g discussion, City Attorney Adams suggested ~at ~c~1
schedule a conference 'with the. ~lice ~partment regar~ing ap~intment
of a su~ble replace~nt for ~e' City ~osecutor, and ~at an Assist-
ant ~osecutor ~uld act ~n the meantime.
8.f. City Clerk ~r~ng ~resented O~NCE ~. 60-66.
~ O~I~N~ OF ~ CI~ ~IL O~ T~ C~TY OF DE~Y
BEA~, ~R~A, ~G~T~G ~ USE OF ~S OR
~RY ~RU~S .~R ~ ASHY- OF ~R~NS ~T~N
OrdnanCe No. 60-66 ~s ~an~usly p~ce~ on f~rst re~di~g~ On
motion b~ ~. Sa~ers aha secon~ by ~. Croft.
9.a. ~e City Cle~k~informed Counuil t~t-as a resuit of.recent
referral fr~ Co~cil, .the Pla~ing Boar~ hel~ a p~l~c hearing on a
~t~t~on for rezoni~g ~ts 2 ~ovgh 18~ also ~ts 2~ ~rough 44 less
~ts 3, 4~ 8, 9, 10, 11, 12,-13, 29 aha 38, Del-~r~ur S~ivis~on,
fol~owing which ~aring, as ~11 as ~er et~y df the.
t~ ~ar~ ~an~ous~ =eco~en~s ~e re,est ~ denie~. ~e Planning/
Zon~g ~ard r~co~endation ~s ~an~mously sust~ne~ that ~e re-
z~ng re,est be den~ed, on motion by ~. Stunders and eeconded by
~. Croft.
lO.x. City ~nager Gatchel presented ~e followi~g re~rt from Glac~
Engineering ~r~rat~on, dasd Nove~r 7. 1966=
"S~ject= Pr~ess R~port ~. 5. ~nstruction of Concrete
Sloping ~ve~ent Wall. ~lray Bea~, Florida.
The ~ntractor has completes all .~rk on ~e project wi~
the exception of minor c~ean up and sod rega~r on ~e
si~e of AiA. The construction has been ins~cte~ and is con-
st~cted s~stant~ally as designed. A ~all amount of r~ble
dug from ~'e excavations f~ ~e toe ~11 construction still
remains oce~ward of t~ SlUing reve~en~ but was covered by
the recent bu~la up of sand on the bea~, ~erefore, ~e r~ble
removal i~m ~s sho~ as ?5% c~ple~. $in~ ~e ~rk ~s essen-
tially c~le~d, the amount o~ reta~nage ~ th~s pay esthete
has been reduced to 5~. ~e bonding company holding ~e
fo~nue an~ ~inte~nue Bon~s on ~s ~oject was con~acted
an~ agreed ~n writing to ~e reauct~on of the reta~nage. Afte~
the con~ractor has complete~ ~e clean up an~ ~nor touch up to
~e p~O~ect, a final ~nspection will be ~de an~ the f~nal prog-
ress re~rt issued.
It can be seen fr~ th~ attache~ tabulation that ~e contractor
has completed ~rk as of this pro~ess =eport in the amo~t of
-12- 1~-14-66
$506,057.05 and after reducing this by the adjusted 5% retain-
age, there is now due and recommended for payment to Dicker$on,
Inc., 1~66,356.33."
The City Manager explained the following report which is part of
Progress Report No. 5.
.TOTAL BID S..STIM~TE ~559~$85.00
TOTAL value work complete 481,089.05 ,,
TOTAL value Change Orders 24,968.00
TOTAL all work comptete 506,057.05
LESS 5% retained by Ovaler 25,302.85
TOTAL due for work complete 408,754.20
LESS previous payments 414,397.87
PAYMENT DUE 66,356.33
The City Manager said that fo-tlowing this payment of $66,356.33
there would b~ approximately $2,000. more work to do which would make
a total of approximately $508,000. for all construction work only, and
in addition to that is the cost Of inspection and engineering.
Mr. Jurney moved that the amount of $66,356.33 to Dickerson, Inc.
be approved. The motion was seconded by Mr. croft and carried unani-
mously.
The City Manager tJlformed Council that two bills have been received
from G~ace Engineering Corporation, one being in the amount of $1,106.
for inspection services through the month of October. The other bill
being in the amount of $1,144.65 for Engineering services for the por-
tion of the contract that Council has just authorized pay~ent on to
Dickereon, Inc. The City Manager recommended that both of these bills
be paid. Said bills were unanimously ordered paid on motion by Mr.
Saunders and seconded by Mr. Jurney.
L0.x. City Manager Gatchel announced that the Florida Shore and Beach
Preservation Association annual meeting will be held in Cocoa Beach,
Florida, on Thursday and Friday, December let and 2nd.
Mr. Jttrney moved to authorize the payment of expenses to this
annual meeting for any Councilman, the City Manager, City Engineer and
any other .City personnel ~ecommended by the City Manager to attend the
meeting. The motion was seconded by Mr. Saunders and carried Unani-
mously.
The City Manager announced that the slide a~d film presentation of
the Delray Beach story will be presented at that meeting.
10.a. City Clerk Worthing presented Bills for Approval as follows:
General Fund $ 239,604.97
Water Operating & Maintenance Fund 6,234.49
Water Revenue Fund 46° 131.13
Special Assessment Fund 122.68
Refundable Deposits Fund 5,101.07
Improvement Fund 750.00
Disaster Fund 15,000.00
Sewer Revenue Fund' 31,.450.00
Cigarette Tax Fund 5,358.00
Cigarette Tax Fund
Sinking Fund Reserve, Cigarette Tax
Bonds, Series 1965. 12,000.00
Sewer Construction Trust Fund 18,904.55
The bills were unanimously ordered paid, on motion by Mr. Jurney
and seconded by Mr. Saunders.
The meeting adjourned at 10:35 P.M.
R., D. WORTHING.
M A Y O R .13/~-%~
11-14-66
248-A
PROPBRTZES ZN V~OLATZON OF ORDINANCE NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE .CITY CODg.
PROPERTY CITY
OWNER ADDRESS D ,~, ~'~I, ,P'~_~,O. ,N ,CODE,
1.
· -dmund J. 6 Fiddler's Lane Vacant part of South 15-3
Virginia T. Bowen Newtonvllle, N.Y. 20 feet of Lot 11, All &
12128 of Lot 12 & North 9 15-4
feet of Lot 13, Block 111
2.
John H. & P.O. Box 26 Lots 23 & 24, 15-3
Caroline B. Be~ry Lewisburg, West Va. Block 104 &
24901 15-4
Susie Green Estate P. O. BoX 477 Overgrown part of 15-3
c/o W. H. Brown Boca Raton, Fla. Lot 14, Block 1, &
33432 Atlantic Pines 15-4
4.
John Taylor Estate 315 N. W. 3rd Ave. Vacant part of Lots 15-3&
c/o ~eorge A. Taylor Delray Beach, Fla. 18 &.19, Block 41 15-4
5.
Cornell ~iller 403 N. W. 2nd Street OVergrown North 75 15-.3
Eerr P.O. Box 28 feet of Lot 11,
Delray Beach, Fla. Block 26 15-4
6.
Gertrude M. Fries 6373 N. ocean Blvd. Overgrown vacant part 15-36
Delray Beach, Fla. of LOt 62, Mckinley 15-4
~ ~oaman's S/D less
7.
Constance M. P.O. Box 128 'IA,tS 59 & 60, 15-36
Will&rd Delray Beach, Fla. Hofman Addition 15-4
8.
Milton & Geneva 104 N. S. 12th Ave. North 100 feet of East 15-3
Russell Boynton Beach, Fla. half of SE% of LOt 1, &
33435 Section 20-46-43 15-4
9.
J. L. & Margaret P.O. Box 1035 Lot 3, Block 11, 15-3&
M. Patterson ~ Delray Beach, Fla. Seagate Sec. "A" 15-4
10.
J. B. LeClere 2008 Commonwealth Bldg. Lot S, Block 11, 15-4
Pittsburg, Pa. 15222 Seagate Sec.
11.
Chas. D. 6 Diane 1760 Bayshore Drive West vacant overgrown 15-3
Friedlander Cocoa Beach, Fla. part of North 18.4 feet &
32931 of Lot 16, Block 107 15-4
less
Violations 15-3 & 15-4 as concerns this report are aa follows:
1. 15-3 - garden trash 15-4 - high weeds
2. 15-3 - garden trash 15-4 - high weeds, also vines on
west property line grown over sidewalk.
3. 15-3 - garden trash 15-4 - weeds
4. 15-3 - garden trash 15-4 - weeds 6 undergrowth
5. 15-3 - trash & junk 15-4 - weeds & undergrowth
6. 15-3 - trash & junk 15-4 - weeds
7. 15-3 - trash 15-4 - weeds
8. 15-3 - trash, junk & limbs 15-4 - weeds & undergrowth
9. 15-3 - garden trash, junk 6 dead limbs
15-4 - low handing limbs, also undergrowth on west a south parts.
10. 15-4 - undergrowth & weeds in N. W. corner and along north
property line.
11. 15-3 - trash 15-4 - weeds & undergrowth
Sub~itted to the City Council by the City Manager
on this the 14th day of November, 1966. 0~
For filling, grading and paving of that part of S. w. llth Avenue
lying between 2nd and' 3rd Streets, t~'~ widt~'~f'~twenty-four feet.
ASSESSMENT Der "front foot ~---~ .... ~ $4~444~8 ~'
Block 7. Lot t3 O.D. Priest,. J~,~. * ~ 57 $253.36
" 7 " 14 O.D. Priest, Jr. 50 222,25
" 7 " ~5 Benjamin F. G~bbs 50 222.25
" 7 " ~6 ~neva P~tts G~bbs Estate 50 222.25
" 7 " 17 Jay P. & ~thleen L. ~llaway 50 222.25
" 7 " 18 ~nna Fagtns& w~nnte ~e
Farine ~shington .~0 222.25
" 7 " 19 Priest ~nd ~., Inc. 50 222.25
" 7 " 20 O.D. Sr. & Thel~ A. Priest 50 222.25
" 7 " 21 O.D. Sr. & ~el~ A- Priest 50 222,25
" 7 " 22 O.D. Sr. & ~e~a A. Priest 50 222.24
" 7 " 23 o.D. St, & Thel~ A. Priest ~0 222.24
" 7 " 24 O, D. Sr. m ~eX~ A. PrieSt 57 253.36
" 10 " i O.D. S~. & The1~ A. Priest 57 253.36
" 10 " 2 ~=oy a ~een B. Ellis 50 222.24
" 10 " 3 O.D. ~. a T~I~ A. P~iest 50 222.24
" 10 "* 4 Joseph~e & ~ra~ Fletcher 50 222.24
" 10 " 5 Luvonta ~rmon ~o~ 50 222.24
" '10 " 6 o.D. B~. a ~el~ A. ~est 50 222.24
" 10 " 7 Na~aniel a ~vonia Hol~s 50 22~.24
" 10 " 8 ~orge ~a~t, Jr. 50 222.24
" 10 " 9 Arthur,,~e G A~te ~m Hollt4ay 50 222.24
" 10 " 10 O.D. Sr. G Thel~ A. Priest 50 222.24
" 10 " 11 E1more ~=t 50 222.24
" 10 " 12 O.D. 8=, ~ Thelmm-A~ Priest 57 253,36
Contract (Hardrives) ~$, 888.00
15% for Engineering, Accounting
and Collection by the City 88~.20
Advertis~ng -.ResolutJon ~o. 24-66 26.40
Ad~tis~g - Assese~nt Rol~ (est) 18.70
Advertising - O~d~nce ~pt~on (est) ..... ~.~0
$6,822 · 90
~sS 20% - City share of ~st ~r
Resolution ~. 24-66 ...1~ 364.58
· 80% to ~ asses~d $5,458.32
WHARF. S, on the 12th day of November, 1963, the City
Council adopted an Ordinance ~o.'G-516, creating the office of
C~ty~cutor~ and subse~ently a~nded same by Ordinan~ No.
~525 ,' (~th of ~i~ have ~en c~fimd ~n ~ct~ons 2-1S through
2-23),
~8, i~ is dee~d ne~ssa~y to a~nd th~s ordinance
on an ~rqency basis for ~e daily o~ration of ~e Judicial and
Police ~r~enks of ~is
~, T~~, B~ ~ O~A~D BY ~ CZ~ COUNCZL OF
~ CZ~ OF DB~Y B~, F~RZDA, AS F~S~
Section 1. Section 2~20 of said ~pter 2 is hereby
a~nded to read as
"Section 2-20. The City Prosecutor shall ~ a la,er
~f~ed to practice in ~e courts of ~e State of Florida, an~
shall ei~r ,~ a resident of or ~~ an office in the City
of Delray ~ach at ~e ti~ of his ~ap~in~ent, and d~ing the
tenure of his office."
SecCion 2. Section 2-22 of sa~d ~apter 2 is hereby
amended to read as fo11~s:
"~ction 2-22. ~e City P~se~tor shall ~ paid
com~nsation in ~e ,amount of $3,600.00 ~r year, and ~e AS-
SYrian% city-~Prosecu~rs shall receive co~nsation at ~m rate
of ~20.00 ~r M~ici~l Court session which they are desisted
to at~. T~ aforesaid c~nsation shall ~ paid fr~
~ral F~d ~ich shall ~ rei~sed by the imposition of court
costs in an amo~t,of $5.00 whi~ shall be levied by
Judge against each convicted defendant in addition to any fine
which might be' im~sed."
PASS~ and ~~ ~s 14~ day of Nove~er, 1966,
to ~ effective i~iately.
CZ~ OF rDEL~Y BEACH
ATTEST
248-D
Honorable JV~embera of the City Councl~
City of Del~ay Beach
Del~ay Beach, FloTidl
Si~s:
The unde~aigned in behalf of himself and htl stste~
Isabelle M. Ambrose. o~me~a of the Sudan Subdivision, ~espectfull'
shows unto this Hono~lble Board Is follows:
1. That the p~oposed p~elimina~y Plat dated
Octobe? 11, 1962 was ~op~oved by you? Bos?d on the 29th day o{
April, 196~.
2. That since the approval certain improvements;
to wit: st?eeta and d~ains were completed ky you? Petitione?
as ?equi~ed by you? Subdfvialon O~dinances.
3. That ~emai,ing wo?k to be completed a?e side-
walks and the widening o{ DaVis Road as p~opoaed in said Plat.
4. That because of the closing of the southe?l¥
exit of Davis Road by Atlantic Avenue B~idge, it is undetermined
whethe~ o?'not the opening ~lll be pea{cc%ed by the City of
Del~a¥ Beach in o?de? to pe~it ingress and eg?ess to the eaid
Sudan Subdivision.
5. That pending the opening of said Davis Road
to Atlantic Avenue, you~ Petitione~ ~equeats that the paving of
Davis Road and the sidewllks along Davis Road be postponed until
such time as the opening of DaYiS Road at the inte~section of
Atlantic Avenue has been officially completed.
6. That the c~nst~ction of said sidewalks on
the no~t~ and south side of Peinaettia B~uleva~d be postponed
until the const~uction of homea on the said lots facing Poinsetti
-1 -
Boulevard and that the granting of the Certificate of Occupancy
on said lots facing Poinsettia Boulevard be conditioned upon the
const~uctlon of said sidewalks.
7. That your Petitione? further shows that he has
obtained the cost of the construction of the widening of Davis
Road f~om Hardrives, Inc. showing therein the price of
a copy of said statement being attached hereto and being made a
pa~t he~eof.
8. That your Petitioner further shows that he has
obtained the cost of the construction of the sidewalks on the
easterly edge of the said subdivision and both the north and
south side of Poinsettia Boulevard from Green & ~arra, Inc. to
be in the amount of $5,650.00, a copy of which is attached hereto
and being made a pa~t hereof.
WHERFFORE, ¥ou~ Petlttone~ prays that this Honorable
Board will approve said Plat upon the following conditions:
1. That ¥ou~ Petitioner gives to the City of
Del~ay Beach a bond in the amount of $12,000.00 as a condition
of the approval of said Plat and performance of the installation
of the said sidewalks and the paving of that po~t~on of the
easterly edge of said subdivision dedicated fo~ roadway purposes,
and that the said Sudan Corporation, to which you~ Pettttone~ and
his sister ave the sole stockholders, grant to the City of Delray
Beach a lien upon the remaining portion of the undeveloped lands
in the said subdivision, namely, Unit B and Unit C guaranteeing
the installation of said improvements within a pe~iod of two
years ow the period ~equtred by your Board.
2, Your Petitioner further prays that as an
alternative, should your Boa~d decide against the afo~ementloned
subsection l, that he p~le~ the sum of $12,000 in a ~oint savings
-2 -
248-F
account with the said City of Del~ay Beach and your Petitioner,
guaranteeing the same performance alledged above.
3. That as a third alternative, should subsections
1 and 2 be rejected, that your Pettttone? po~t the said sum of
$12,000.00 wlfh the City of Delray Beach.
Your Petitioner will ~ pray. ,
/D et~ott, Michigan 48239
/
Dated: November 3, 1966 /
STATE O~ !~ICHIGAN/
SS
1
COUNtrY OF WAYNE)
John B. Ambrose, the above named Petitioner, being
duly sworn, deposes and says that he has read the foregoing, by
him subscribed, and knows the content~ thereof, and that the same
is true of his own knowledge, except as to the mattews therein
stated to be upon information and belief, and as to those matters
he believes it to be true.
J
Subscribed and s f
November, A.D. 1966.
LI~PA ANN TALBOTT, Notary Pu'bli~
Wayne County, Michiga~
My Commission Expires: 23 Aug.7(
-3 -
248-G
ORDINANCE NO. 57-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY B~AC~, FLORIDA, ANNEXING TO THE CITY OF
DE~RAY B~ACH CERTAIN LAND LOCATED IN SECTION 4,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFI~NG THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; .PROV~DiNG FOR TH~- RIGHTS AND
OBLIGATIONS OF SAID LAND1 AND FROVXDING FOR ~THE
ZONING THERSOP,
~ 2228 Seac~est Blvd.
WHEREAS, ~he GULF OIL CORPORATION is the fee~simple owner of
the property hereinafter ~described, and
WHEREAS, the'GULF OIL CORPORATION, by its Retition, has con-
sented 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-
ized to annex lands in accordance with Section 185.1 of the City
Charter of said City granted to it by the State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH~
CITY OF D~LRAY 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 4, Township 46
South, Range 43 East, Palm Beach County, Florida,
described aS followS:
The ~orth 150 feet of 'the South 290 feet of the
East 170 feet of South half of Northwest quarter
of Southwest quarter of Southwest 'quarter Less
East 40 feet for right-of-way, Section 4-46-43,
Palm Beach County, Flor£da.
SECTION ~. 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 robe 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 C-2 as defined by existing
ordinances of the City of Delray BeaOh, 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 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 i11egakity shall in no way affect
the remaining portion.
PASSED in regular session on the second and final reading on
the l~tb day of NovembeP , 1966.
/s/A~. ~. ~
ATTEST: M A y O R -
City Clerk ~[
248-H
R~SOLUTION NO. 41-66.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY B~ACH, FLORIDA, AUTHOR-
IZIN~ THE EXECUTION OF AGREEMENT FOR A
SANITARY ~EWER PIPE CROSSING TH~ PLORIDA
EAST COAST RAILWAY COMPANY PROPERTY UNDER
THE RA~LWAY'S TRACKS AT A POINT LOCATED
4,003 PEET SOUTHERLY FROM RAZLWAY'S MILE
POST NO. 317, AS M~AEURED PROM JACKSONVILLE,
FLOR IDA. ,
BE IT RESOLVED, by the City Council of .the City of
Delray Beach, a municipal corporation of the State of Florida,
as follows:
1. That the. City of Delray .Beach, a municipal
corporation of t~e State of Plorida, does hereby contract
and agree to enter into an. agreement with the Florida East
Coast Railway Company, wherein and whereby, said City of
Delray Beach is given the right and privilege to install,
construct and maintain a subgrade sanitary sewer crossing
on Railwey property, being a subgrade six inch cast iron
sanitary sewer pipe encased in a twenty four inch steel
casing pipe across Railwey's one hundred foot right-of-.
way and under the Railway's tracks at a point located
4,003 feet southerly from Railway's Mile Post No. 317,
as measured from Jacksonville, F~orida. Said location
is shown on print ~of drawing (project No. 5964-8b) by
Russell and Axon, dated September, 1966, and is in the
S. E. 9th Street 40 foot
2. That the Mayor with the attestation of the
City Clerk, be and they are hereby authorized and directed
to execute said agreement for and on behalf of said City
of Delray Beach.
3. That this resolution shall take effect
mediately upon its passage.
PASSED AND-ADOPTED this 14th day of November, 1966.
,/,si O. . .
MA¥OI~
ATTEST:
/S/ R. D. WorthinE City Clerk
RESOLUTION NO. 42-66. 248-I
A RESOLI~TIO~ OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING
OUT AC~JAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE 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 THE CITY F~%NAGER OF DELRAy BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach', did, in
regular ~/~//////////iseSsion 'hel~ on 'the ,.~2,Sth. of J~ly, ~966
declare the existence of a r~u~-
sance upon certain lots or parcels of land, described in a list sub-
mitted to them, for violati0n of the provisions Of Ordinance G-147;
~S, pursuant to such declaration, the City Clerk of said
City did furnish 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 in said 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 City 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 THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA,. AS FOLLOWS:
1. 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 a~d in the amounts indicated thereon. Said
assessments se levied shall be 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 with the same penalties and under the
same provisions as to sale and foreclosure as city taxes are collect-
ible.
2. That the City Clerk of said City shall, as 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 25th of July, 1966
order the xisting on their deacri ed
property and property Owner hav~r~g ~ed to abate such nuisance,
within the '~0 day p~e,rio~, wher,~gp;)D it W~S aba~.9~ bY the City at costs
binding o~ligations upon the p~,operty against' which said assessments
are levie~_i This res°luti0n ~ha11 become effective 30 days from the
da , i ption. 'an the a,sessmant, Contained herein shall
due ~d Payable thirty days after the mailing date of the notice of
said assessment, after which interest shall accrue at the rate of
per annum on any unpaid portion thereof.
PASSED AND ADOPTED in regular session o~ the . .14t~h_ 4a¥ of
_Novemb.er . , A.D. 19 66.
ATTEST~ _/2/ AN. C. A~,~,7 · .......
MAYOR
248-J
COST OF ABATING 51UISANCES UNDER ORDINANCE 'N0.~G-147.
PROPERTY DESCRIBTION OWNER ASSESSMENT
July 25i 1966 list.
Lot 17, Bonniecrest 3rd Addition Jerome M. Portman $11.00
Lot 15, Block 1, Dell Park Jay Barton $15.00