12-19-66SpMtg A special meeting of the ~ity Council of the City o~ ~ay ~ach,
ce~r 19~, 1966, W~ ~r Al. C. Avery ~n ~e ~a~r, C~ty ~nager
Davi~ M. Gatchel, ~ty Attorney Jo~ ~ss Adams, an~ ~un=ilmen J.
LeRoy Croft, Ja~ H. Jurney an~ Jack L. Saunters, ~ing present.
~r Avery called ~e meeting to order a~ anno~ce~ ~at same had
been called for cons~deration of ~ta~n special matters of im~ortance,
as sho~ by ~e agenda~ and for any o~er bus~ness that ~y come befor~
~e meeting.
An opening pratt was delivered by Counc~l~n Elect ~y ~rr~tt,
and the Pledge of Allegiagce ~o ~e Flag of ~e United States of
America was g~ven.
1. C~ty ~nager Gatchel reporte~ ~a.t the National Fo~dation - ~rch
of Dimes - has declined 'the t~-~ek period for solicitation in ~rch,
~rev~ously granted by Co~c~l, and ~t~tions for permission to solicit
within the City during ~e month of Jan~ry. Further, that it is rec-
o~ende~ that such permit be granted, subject to ~t being ~derstoo~
and agreed ~at 9olicitation from house to house be confined to ~e
two-week period co~ncin~ January 8, 1967, and ~at the National
Fo~datio~ Organ~ion be dire.~ to ~e importance of strict com-
pliance wi~ Order.ce No~ '~i~'j as 'applicable to charitable solici-
tations. The Ci~ ~ger, cont~d[= "In addition to this, :I ~uld
res~ctfully suggest to C~c~I', if ~t be yo~ will, ~at you incorpo-
rate the opinion, dated Dece~'r 15~h~, a~dressed to ~e C~ty Co~cil
from~your City Attor~.Y) reiat~e.to ~is particular re.est [or sol~ci-
ration ~rmit." ~
~. J~ney moved that ~e request be ~anted, as reco~ende~, the
motion being seconded b~ ~j ~ft;
~. Sanders Sa~d ~at he ~uld like assurance from AttOrney Philip
H~ ~id, Jr., represen~i~g the National Foun~tion - ~rch.of Di~s -
that they would comply w~ the t~-~ek ~riod of t~ g~'ve, them
January.
~yor A~er~., asked Attorney Reid to info~ h~s client aa to ~e
City~.s positive a~t~tu~e toward'them complying with the Ordinance, and
that ~sit~ve-measures will ~ taken if ~ey do ~ot comply. '
Attorney ~id info~e~ ~cil ~at he ~uld convey ~e message, an~
eaid that concerning the ~rovision of.~e ordinance in regard to
cation.of info~t~on contained ~n ~e a~li~tion, ~e earliest time
that P~iication can be made is tomorrow in the Palm Beach ,PoSt~ f~-
~er. if Co~c~l .~es~res any o~er p~lications they ~ul~ be glad to
compiy.
Ma~0r Avery as~ ~hat permission be granted for sai~ publication
~day in the Palm Beach POSt, and ~. Jurney and ~.. croft acce~ted
~t to ~eir motion and second. J~on call~of roll, th'e m0t[o~ carried
2. City ~ager ~atchel i~formed Council that' ~RGENCY'O~INANCE NO.
64-66 has ~en ~repared by' ~e city Attorney an~ provides lim~tation
of gross truck ~ght 'on certain rights-of-way ~in ~e City, deter-
mined t~ be in the best ~nterests of the City. F~erj that this
~tter has been d~scusse~ ~Oroughly wi~.the City Attorney, City
~gineer and the ~lice ~par~me~t, and is ~n compliance with ~apter
186 of the Florida 'S. tatutes. ~e City ~nager asked for a cogent by
the City Attorney as to the City's position on this matter.
C~ty Attorney Adams c~ented ' - foll~s: "The only cogent I could
make is to agree with ~. ~atchel. Approximately s~ years ago the
~uncil adopted, as policy, by ~irtue of ~ motion, the ~ol~cy that pro-
hibited ali truc~' from an~ng o~er ~an,County roads ~n ~he C~ty.
The City has ~en able to enforce it as .much as ~ey fei2 necessary
protect the roads, but now it ~s becoming a ~robl~.. and ~ have had
at least one firm that has challenged the validity of the Council
motion, so we prepared this Ordinance i~' ~compliance with the Model
Traffic Code. It sets the limits of gross ton maximum on nine streets
and it specifically applies only to thru traffic and is not intended
to prohibit pick' ups '~n&-.d~l~e~es."
Mr. Jurnay said that there is nothing .con~ained in the Ordinance
pertaining to AtLantic Avenue An regard to semi-trailers and such -
vehicles going through town, and asked 'if that regulation could be in-
cluded in this Ordinance.
The City Attorney pointed out that Atlantic Avenue is a State Road
and that permission would have to coma from the State Road Department~
further, that it is possibie to regulate such traffic but it would
take a considerable length of time.
Mr. Jurney said there should be a truck route through town and moved
that the City Manag. er be directed to start working on that item. The
motion was seCOnded by Mr. Saunders end carried u~animously.
In explanation of the Ordinance, City Engineer Fleming said that a
li~ait of three tons had been chosen as a maximum limit which would
permit a 3/4 ton pick-up truck loaded to traverse those streets, but
was a low enough weight t° keep returning empty dump trucks from using
said streets.
· _ ORDINANCE NO. 64-66.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF D~.LI~AY BEACH, PLQR~IDA, 'AMENDIN~ CHAPTER 2~ OF THE
COO~-'OF O~Z~CH'S i~AZ~a TO'.THE Z.U~xT~.~ZO~S O~ ~
OPERATION OF FARM TRAC*TORS~ TRAILERS, SEM~-TRAILERS~ AND
TR~C~ AND ~RC~AL VEILICLES ON CERTAIN STREETS.
WHEREAS, the City Council of ~the City of Delray Beach, Florida,
deems it in the best interests of the Citizens of this community to
amend sections of the Code of OrdinanCes~ and
NHEREAS,, an emergency ordinance is authorized under Section 30 of
the City Charter of this Ci'ty for the preservation of public peace,
property, 'health or safety~ and
WHEREAS, the City has heretofore adopted Chapter 186 of the Florida
Statutes k~ow~ and cited as the "Florida Model Traffic Ordinance"~ and
NIiEREAS, the City council desires to adopt schedule V~I! as pro-
vided in' Section 186.40 of the aforesaid Model Traffic Ordinances~
NOW, THEREFORE, BE tT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2'5, Code of Ordinances of the City of
Delray Beech, Florida, be and the same is hereby amended by a~ding
Schedule V~II to read ss follows:
"OPERATION OF FARM TRACTORS, TRAILERS., SEMI-TRAILERS AND
TRUCKS AND COMMERCIAL V~HICLES LIMITED ON CERTAIN STREETS.
In accordanc~ with Section 186.40 and when signs are erected
giving notice thereof, no person shall operate, or stop, stand,
or park a farm tractor, trailer, semi-trailer, or a truck or
other commercial veh/cle with a ~ross weight exceeding the
following ton limits upon any of the streets described as
follows:
Gross Tonnage'
Name of street* From To Perm£~ted
N.E. 7.~h Avenue' N.E. 8th Street Atlantic AVe. three tons
S.E. 7th AVenue S.E. 4th Street Atlantic AVe. three tons
-2- Sp. 12-19-66
~ree
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~ic ~lv~' ~ ~bzee
~P~. 20~ ~ve. -'c a~ speCificallY
schedule ~r ' it pic~ upe
not im~ ' -- ~e 8ee~8 ~o
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~at ~a!~ oi ~1°~i ~S follO~Z'
...... o~ ~._~ co~ente .~ ~n the
t i,
S~e ~+.v ~a~e_ -; the CaP ~ '~at ~ __co~Se~
he ~" ~Om ' ' ' a~~ S ~= '
o~ove ~_ ,_u~hO~ize6. ...~ 3~eY' 2 ~ motiOn ~a , _-~ Ci~Y
~e C$~ .l~ in ~" _2~tea: _ - ~en o~- .~noe~e~, .', ".
~ ~e ~ . ~'~19" ' bee~ u~ ~ · ~ ~n~~ · ~e ~ - .
CtUallY~ t , oi ~ei.. ~-t baa ~, -,,ExoeP ~ e~i~e ,_
~= -s'SLg~n~ '-.~e~ i~ ~*'~ ~tinue~ , ,.,~ have '~_~ ~gem ~ ~;.nr of
~Y~" j'~. 'City ~*- ,~_~ to ye ~: -~lV ~n~-~ - -S ~e~-~,,.
tion, _a~>~a~ the t~ ~hose ale .~ of CounCi,.~ vo~e8 ye .
and th _: ~ve~Y a-~ . ~e' C~ ~$..~ fo~
--th aaY ~t ~o~ati°n'
.... ~Se a~ - .~op~X ~ the ~*''
~ . ,. ~ ~' ,, ap~ ~ ~ .
1966, ~_~..seS, an __~
2?6
$20,000.00 according to the terms and conditions es more specifically
set forth in the photo copy attached here~ and made a part hereof; and
WHBP~EAS, the Assignor desires to assign all its rights and' interests
in and to said Agreement for Put.chase to the City upon the terms and
conditions set forth herein; and
W~EREAS, as Assignee wishes t° acquire the rights and interests of
the Assignor' In said Ag.z~ement for Purchase as followS: IT IS M~ALLY AGRSF21 AS FOLLOWS: ~-.
1. UpOn the full exe~tion of this Agree .sent,- the City will l~sy the
Assignor the sum of $2,000.00 at which time the-City w~11 simultaneous-
ly acquire Assignor's rights to a deposit in the amount of $2,000.00
with ~acey Bros., Realtors of. Delray Beach, Florida.
2. The City agrees to waive all contingencies provided for in said
contract except for the marketability of title and will endeavor to
close the transaction during the calendar year 1966. At the closing,
or in any event, providing title to the subject real estate ,is good
and insurable, the City shall pay to the Assignor an add£tionak
of $4,000.00 withi~ thirty days from the date of this Agreement. In
the event title to said real estate is not ,good and insu~able", the
city-shall have no obligation to Assignor and shall be entitled to a
refund of the aforesaid $2,00O.00 deposit now. being held ~it~ Gracey
Bros., Realtors of Delray Be,ach,.Florida.
3. Assignor warrants that no person, firm or c~0rporation is entit.
led to any lien or claim of lien against the subject premises for work
done or materials furnished from September 23, I966, to date, This
war~ranty is made for the purpose of inducing the City to execute this
Agreement and the Assignor agrees .to hold the City harmless from all
costs or damages from any such claims Which would arise by virtue of
work done or materials furnished on behalf of Assignor within said
per~od.
IN WITNESS WHEREO~ the parties hereto have caused these presents to
be executed in their names and their corporate., Se~!s~ to,-be hereunto
affixed 'by their proper officers thereunto duly a~thorized the day and
year first above written.
CITY OF~ DELRAY BEACH, a
municipal corporatio~
CITY SEAL . .
Attest: By
A'I. C. AVerY, Mayor '
R, D. worthi~g, City Clerk- ' ' R. and B. PROPERTIES, INC., a
Florida corporation
CORPORATE SEAL By
Attest: Richard Baxt, President
Herman Baxt, Se~retafy' '
M~. Jurney moved that the proper City officials be authorized to
execute sai~ agreement. The motion was seconded by Mr. Croft and
carried unanimously.
4. City Manager Gatchel. informed Council that the Delray Beach Radio
club now requests permission to use 'the portion of Block 37 (ST~RLING
~IELD} lying between the south wall of the field and S. W. let Street~
further, that members of the Radio Club are present.
The City Manager reported that Mr. Jack,Fairbanks of the Radio Club
said their club would be responsible for clearing away-some of the
debris and' old cars that are now located on that property.
The City Manager said there are a number of gul~-wireS for power
poles in that area and if Council' grants permission for use of that
area it should~ be with the stipulation that all due care be taken of
said guy-wires ~n the conduct of the carnival.
Mr. Saunders moved that permission be granted to the ~adio Club for
use of said portion of BIocR 37 for the purpose of conducting a carni-
v~.l from January 9th through the 14th,. 1967. The motion was seconded
b~ ~.' ~ _JurneF and carried ~nanimou~sl¥. '
City
Clerk
MA Y 0 R ~": .... %'-4-' Sp. 12-19-66