02-22-65 FEBRUARY 22, 1965.
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 Robert J. Holland, City Attorney John Ross Adams,
and Councilmen J. LeRoy Croft, James H. Jurney, Jack L. Saunders and
George Talbot, Jr., being present.
1. An 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 meeting of February 8th, 1965, were
unanimously approved on motion by Mr. Saunders and seconded by Mr.
Talbot.
3. Mr. William George, Chairman of the Merchants' Division of the
Chamber of Commerce, informed the Council that as a result of their
action at the last Council meeting concerning the Chamber of Commerce
request in regard to beautification, there had been several meetings
with interested parties, also a meeting with Roy Simon, Kenneth
Ellingsworth, thelandscape architect, himself and the Beautification
Committee.
Mr. George said it was.their desire and plan to beautify Atlantic
Avenue and any other business area that wanted to participate, but at
this time, they proposed,eight clusters of p!antingson the, cqr~ers
from the'First Natlon~l Bank'to·East 5th A%enue. AlSo~ betwe~n"~he~
parkihgmeter's wher~the~ai~ t~ees"are pr~ently Pla~i~d~.the~'iwould
bean area! built up with sl.umP brick in 'wh~ich ~he~e wOUld be'Small'
~a~ti,~, a~oon~ thePa!ms.I Mr. George Said he 'had
~%hthe~C~y Manager today;'and continued as follows: "His idea, as
well as mine, is as follows: Instead of raising X number of dollars
and 'gtvi~g-£t to the BeaUtification C0mmk~ee to ~t=~y~ ~e~-him make
a complete.record of what cash outlay it will take and·the merchants
Will pay thiSbill. All we~need from the City is a part of ~their
'~Urs~ry that Will work into these plantings. What they don't have, we
will buy through Bob Holland, Wade Cartee and our landscape architect.
Ail we he,dis your 'manpower. You have ·the~.~tuipment tomain~ai'~n
.%hese'th!,gs, ahd 'the' citY'has ample facilities."
· Mr'i ~eorge then presented a sketch of the proposed landscaping of
the area from East 5th Avenue to the railroad, and said he felt.the
COunCil and ~he City would be proud of the ~sui~s..
Mayor Avery ascertained that 'the Beautification committee' and' City
Manager Holland approved and endorsed the plan~ as'presented.'
'"~Followin~'diScu~sion, Mr~ croft move~'tha~ sa~d' ~e~est'~nd plans
b~. approved/ ~& motion being se6°nded byMr. saunders and'u~ani~ously
carried.
3. Mr. Richard M~ Brannon, ~AS-O-RAMA Chairman of the 'Delray Beach
Jaycees, made the following request to the Council6' which reques{ was
dnanim0Usly-granted'on mot~o~ by Mr. Saunders'and]~'seCOnded by;Mr~Jurney.
"The Delra'y Beach ~aycees arle Sp0n~'ori~g. their a,nual
RAMA this year on February 27 at Rich's Fifth Avenu~Standard
Oil statig~, N. E'. 5th Avenue at N. El '3rd Streetl -In Conjunc-
tion with"this event, we the..Jaycees request.permission ito de~o-
rate the station with~banners and advertising digplays. Such
decorations will be' temporary as the event will.take place
the O~e day only from 9 A.M. to 5 P.M. ~.We feel the .success.of
the .project will be furthered by the use of banners.
Your favorable action on this request would be greatly, aRPreciated."
~3. City CIerk worthing read a letter, from the Palm'Beach"ChW~t~of
]~the Nati0nai SoCiety'oft~e Sons of the American?Rev01Ution~ ~as~ing
2-22~65
¸54.
permission to use the auditorium of the Delray Beach Civic Center for
the evening of March llth, 1965.
On motion by Mr. Talbot and seconded by Mr~ Croft, this request was
unanimously referred to the City Manager for him to work out the time
schedule with said organization.
Mrs. Alma Woehle commented on the program and speaker for said
meeting.
4. Mr. Croft read the following Beautification Committee minutes of
February 18th, 1965:
"1. Mr. William George and Mr. Roy Simon, representatives of
the Merchants Division of the Chamber of Commerce, presented
plans for a two-block pilot project for beautifying East Atlantic
Avenue (from 5th Avenue to the Railroad crossing). Mr. Jerry
Hughson, landscape architect, showed drawings of the proposed
plantings, which will include uniform, low-cluster Plantings at
each street corner, uniform curbed planters between every two
parking areas, and individual windoW~box"t~pe plantings to-con-
form with each merchant's building structure. It is thehope
of the Chamber of Commerce that other merchants, seeing the
beauty of the completed project, will wish to continue the
beautification throughout all the business areas. The exact
propose1 of design, financing and maintenance will be presented
to the Council in the near future.
2. Mr. Merritt moved that the Beautification Committee approve
the basic plan for planting of this pilot project. Motion sec-
onded by Mrs. Plume and unanimously carried.
3. Mr. Ellingsworth announced that the Chamber of Commerce will
rebuild and repaint the brick sign in the planted island at the
south entrance of the City, which was damaged by a hurricane.
4. Mr. Ellingsworth also stated that he has had the civic signs
straightened. Mr. Merritt reported that the caps and lighting
will soon be installed.
5. A plan to beautify the 18 to 20 islands which will be con-
structed on the newly widened West Atlantic Avenue was presented
by Mr. EllingSworth. The Chamber of commerce will ask Delray's
civic clubs to contribute to the planting of each island. Mr.
Merritt moved that the City immediately provide a 1" water tap
at the center of each island along the main water line which is
now being laid, for the purpose of maintaining the island plant-
ings. The cost for doing this at. this time would be minimal
compared to the cost at a later date. Motion seconded by Mrs.
Plume and carried. (Action requested)
6. Mrs. Bowen asked that we all attend a program on March 15th,
7:30 P.M. at the Community Center, which the Seagrape Garden
Club is sponsoring. Mr. Norman Bezona, Assistant County Agri-
cultural Agent, will speak and show colored s!ides on 'Conserv-
ing Our Natural Resources'.
?. An additional meeting of the committee will be held Thursday,
March llth, at 10:30 A.M., in order to complete the balance of
business which could not be covered at this meeting. Meeting
adjourned at 12:30 P.M."
Concerning item 5, Mr. Talbot moved, that this item of water taps
be referred~to the City Manager for' estimated cost, and presented to
the Council at their next meeting, the motion being seconded byMr.
Croft and unanimously carried.
-2- 2-22-65
4.a. A roll call showed the following civic organizations and re-
presentatives to be in attendance.
Delray Beach Board of Realtors Mr. Andrew Gent
Delray Beach Woman's' Club Mrs. Dorothy R. Corm
Beach Taxpayers League, Inc. &
Business & Prof. Women's Club Mrs. Dorothea Montgomery
Senior Citizens Club Co~. Lawrence V. Everett
Jaycees Mr. Richard M. Brannon
Chamber of Commerce Mr. Kenneth Ellingsworth
5. City Clerk Worthing read the following letter from Mr. Henry C.
Glimm at Villa Capri, 134 Gleason Street=
"We have been coming to Delray since 1950. This season is the
first time we found your life guards at the beach very alert
and extremely helpful. They are properly supplied with amonia
and benzocaine and other material to apply to a person or
victim who has the misfortune to be struck by a man-o-war or
other sea monster. Last year when one had the iil luck to
encounter a man-o-warand went to the life guard for amonia
to abate the sting, we were informed to use kerosene, the
bottle is under the stand --'that is all we have, use it, it's
just as good.
~ we and others have commented onthe beach improvement and thank
"'you,~'fOr it'contribUtes~benefftS'and'g6odwiI~'t~ 'ail: 6o~'erh~d."
_Mayor Avery said this commendation should be relayed to the Beach
Supervisor, Mr. Luk~'Wi!Son,' by the City'~anager.
5.a. Mr. Jurney said the Committee the Council recently appointed to
review the. recreational facilities open to~sen~or citizens'would soon
be in a position to make a recommenda'tion~to the counC£1~ Mr. Jurney
asked that Mr. O. W. Woodard, Jr. be added to this Commi~tee in order
to facilitate the project and assist in its realization. Mr. Jurney
continued as f011ows~ "In reviewing.our project, I find the funds
.provided in the Playgrounds and Playfields AcCount No. 720"total'only
$5,975100. This amount is the City's Contribution to the bulk of the
senior citizens' activities, particularly lawn bowling and shuffle-
board. The Civic Center is also used by various senior Citizen groups,
and while it is impOssible to specifically designate'what portion of
the Civic center funds'would be applicable to their act£Viti~s, it
woold be 'a ~om~nal amOu~.' 'I ~m'tx~in~ing'°Ut ~hes~ fa~s'~o reflect,
primarily, the fact that there are numerous extremely'active and
worthwhile senior citizens activities, in our community'which account
for a Very small Percentage of our recreation budget, and'a-senior
citizens facility is indicated'. Mr'.' Woodard and I'are working on
this with'the advice and Consultation of the r~presentatives of the
senior citizens groups appointed by the Council, npmelyMr. Rige, Col.
Everett, Mr. Ganson', ~nd myseif~ i hope to have aVailabie for~..Y6u by
the next CounciI meeting a specific proposal for your consideration,
at which time I expect to be in a position to request the authori-
zation to proceed with this project further."
Mr. Jurney said'he had found that'a senior citizen is anyone over
the a~e of 21.
M~or Avery ~aid Mr.'J~ney should. ~ be aUthorized to~gppoint, anyone
to said CommSt%e~'that.he desires, but that administrative personnel
should be'app0in~ed 'f~ work'and no~ for a'v0t~ 0n. the.committee,
Mr. SAunderSj~°Ved 'tha$'Mr.'Jurney~.be authorized ~o appoint~yOne
toSaid committee that he deems 'neceSsary t6' it~ proper f~ncti0n,' the
motion being seConde~ bY Mr. Croft andUnanimously carriedl
5.a. Mr. Saunders ~eported as.f0!low~: '!The C~mmittee.that I am
aPPointed'.t0~'~on F~nahae'met with MrS' F~ank6steen °f~usseii i& A~on
the Othe~ night~,nd he g~ve us s very elaborate water program, we
met the next day and made up some specifioations, which have been
sent out to five or six people whom we will consider as fiscal agents,
and within the next two or three weeks, we will have something to sub-
mit to the Council."
5.a. Mayor Avery said he had been giving some consideration to the
recent long Council meetings and analyzing the cause. Further, that
when the type of item comes up that is of concern only to a group~ of
people or a certain area, he feels a special work-shop meeting should
be scheduled for same, thus leaving sufficient time at the regular
Council meetings to take care of the immediate business that is of
concern to the general public. The Councilmen were in complete
agreement with such a procedure.
6.a. Concerning the Delray Beach'Cemetery, the Council was informed
that the original plat of said Cemetery was recorded in the Public
records of Palm Beach County on October 30, 1953, and that the layout
of lots therein has been deemed unsatisfactory; therefore, re-plat of
the S. E. Section, incorporating that part of the cemetery now being
filled in and soon to be open for providing more suitable and oper-
ational cemetery facilities, has been prepared and Council authori-
zation for its execution by the appropriate City officials is re-
quested.
It was determined there was sufficient funds in the current budget
for this purpose.
Mr. Talbot moved that permission be granted for the City Manager
to proceed with said re-platting, the motion being seconded by Mr.
Jurney and unanimously carried.
6.b. City Clerk Worthing informed the Council as follows: "Request
has been received for transfer of Beer and Wine License No. 573
(Consumption On Premises), from Albert P. Green to Mattie McCraw.
This license pertains to Green's Inn, located at 26 S. W. 5th Avenue,
and the applicant, its new owner, has been approved by the proper
agencies. It is recommended that this transfer request be approved."
The transfer was unanimously approved on motion by Mr. Croft and
seconded by Mr. Talbot.
It was pointed out that this procedure of approving such a license
transfer is only a formality.
6.c. The Council was reminded that a request of Lions Industries for
the Blind to solicit sale of its products within the C~ty was tabled
by them at the last meeting, pending investigation by the Chamber of
Commerce.
City Clerk Worthing then read the following letter from Mr. Ken
Ellingsworth, Manager of the Delray Beach Chamber of Commerce, dated
February 12th, 1965:
"Pursuant to request of the City Council, the following in-
formation relative to the 'Lions Industry for the Blind' is
submitted for your consideration:
The 'Lions Industry for the Blind' (Lighthouse for the Blind)
was incorporated under the laws of the State of Florida some
fifteen years ago as a non-profit corporation. The governing
body is a Board of Directors made up of two representatives
from each of the Lions Clubs in Palm Beach County that make
contributions to the organization~ The Delray Beach club is
not represented at this time. The physical operation is
carried on by a paid staff.
The procedure of operation was reported by the organization
to be as follows: Where possible, handicapped women are
hired to blanket telephone residents of an area, requesting
appointments for salesmen to show merchandise made by the
-4- 2-22-65
"blind. These women are paid 10¢ per appointment by salesmen
who then personally contact those persons agreeingto an ap-
pointment and offer for s~le this merchandise made by the blind,
either in the west Palm Beach plant oS in other plants for the
blind over the state.
Contacts were made with the President, Vice President, a past
President and a former member of the Board of Directors for
the Lions Industry for the Blind, all from our local Lions
Club. All had the highest regard for the organization. Lik~-
wise, the Better Business Bureau of West Palm Beach gave them
a clean bill of health.
As in any operation of this type, it is suggested that a
police identification card be required of all salesmen aha
that the telephone solicitation ordinance be complied with."
Mr. Croft moved that the recommendations of the Chamber of Com-
merce be approved. The motion was seconded by Mr. Saunders and
carried unanimously.
Mayor Avery pointed out to the City Manager and City Clerk that
by approving said recommendations, identifications are required and
all interested City personnel shoul~ be informed.
6.d. Concerning the American Cancer Society's request fqr permission
to sO1Scit ~und~ ho~Se ~'h~se during the m°nth of APril;'C~tY Clerk
mit{ed'in acC6rda&ce~wi~h t~e"city's,established poiiCy· ' ~ . '
MaY6r AverY s~ated that:~e wa~ ~n the Board'~f DirectOr~ or'the
Palm BeaCh County Chapter of the American Cancer Society, and that
the local Chamber of Commerce is in agreement with this drive being
held in addition to'the community Chest.Drive .....'
MrS.. saund~rs mo~ed !thati~'~h~: a~Pl~C~ti~"'~e' granted~ the ~btion
bein~.se~0nde~'~pM~. Talbb~,"anduna~im$~S~ycarried~''~*'' :_
"I~_'was':poi~ted'o~t'%hat ~n th~s A~e~i~a~ ca~C~r~so~iety Dr~e, the
ch&Ck;~and ~he~k~up are'Str&sSed,, and th~"~rea~0n ~h~sis'not''i~cluded
in t~'c~mmu&it~ ch~st'Drive is that it would be difficult to give
the complete message of each of the twenty-some organizations covered
6.e~ It was annou~e~ that t~'codnc~l has provid~ f0r'a~"Open House
to be obserwed at the City's ocean. Outfal~ System Master Lift station,
which ks"i0c~ed'in ~he. City Park~E~StAtlantiC Avenue, On the west
~kae Of the IntracoaStal waterway, from 2=00 P.M. Until 5:00 P.M.,
~d~y, MarCh 7th, ~965. · .
6.f. An amendment to th~'99-year 1ease'with the woman's Club was pre-
sented t0 the Council, and it ~as pointed out that this amendment
eliminates the East 140 feet of said property from the lease, which
p~operty'iieS'.~e%w&en:~'E. Sth ia~a 6t~.Aven~es~ and that this'~mend-
'~e~'res.~lte~'from 'theprOblem Of~l~ndScap'in~andma~h%~in~n~sai~~
.. ~.-:~. Ta~t:~es%i~&ed ~he iegalitY~b'f'.'the.lease.:tO the-woman's
cl&b~ and"¢ity k~=n~"~d~s~"inf°rmed hum this had'~een"re~ea~¢hed
Mr. Saunders referred'{o a stiPu~%~O~ concerning said land, ~hat
it should continue to be known as Currie Memorial Park and would be
held as a public park~ and aske~ if the Qity should.make,thiS 140 feet
a ~ubiic pa~k." A~0r~ey~A~ams':sa'id 'th~"Cit~ WaS'&orally obligated to
make ~'city'~a~k~her~"a~ itWas d~i~a%ed"f0rlpark..p~rpo~s~'''
Mr:~ saunaerS'~ske~ the City Manager if there Were two separate
water m&ters a{ %hatila~ea at the present time, and City. Manager
Holland' informed the.coundil that the Woman's Club have 'their own
water me,er, the-iift ~ta£kon has a meter and the City will have a
mpter for thi9 140 fooP. s~rip.of, ground.
-5- 2~22-65
Mr. Saunders moved that Mayor Avery be authorized to execute the
proposed amendment to the Woman's Club lease, the motion being
seconded by M~. TalbOt and unanimously carried.
(Copy of lease amendment is attached to and made a part of the
official copy of these minutes.) (See PaEes 64-P thPu 64-R)
6.g. City Clerk Worthing presented the survey of parcels of land in
violation of City nuisance laws, and Mr. Talbot moved that the City
Clerk be authorized to proceed as directed by City ordinance. The
motion was seconded by Mr. Jurney and carried unanimously.
(Copy of said nuisance violation list is attached to the official
copy of these minutes.) (See PaEe 64-B)
6.h. Concerning proposed improvement of Vista Del Mar Drive between
Andrews Avenue and the Waterway, City Clerk Worthing reported to
Council as follows~
"In accordance with instructions from Council duringits last
regular meeting, a cost estimate has been made for correcting
the minor irregularities causing ponding along the edges of
vista Del Mar Drive, lying between Andrews Avenue and the
Waterway, and the application of a coat of slurry seal to
give the entire surface a uniform appearance.
It is estimated that City forces can accomplish the necessary
patching and correction of the irregularities with a cost for
material of less than $25. The application of slurry seal
over the entire area in question will cost approximately $780.
making a total of about $800.
As was mentioned in the former Council meeting, this type of
surface has already been applied to the easterly portion of
Vista Del Mar Drive lying between Andrews Avenue and A1A."
Mayor Avery asked if there was money for this job in the Street
Maintenance Fund, and was informed by the City Manager that there was
not. It was suggested that the cost of said street improvement come
from the Sewer Fund as the installation of the sanitary sewers was
the cause of the present condition of that street.
Following discussion, Mr. Talbot moved that the bid be accepted
and that Vista Del Mar Drive be slurry-sealed, with the money coming
from the Sewer Fund, subject to the approval of the Project Manager,
said amount of money being $809.00. The motion was se(~onded by Mr.
Jurney and carried unanimously.
6.i. Regarding a survey and estimated cost for Swinton Avenue side-
walk installation, theCity Clerk read the following memorandum from
City Engineer Flemingto City Manager Holland, dated February 17th:
"Aa requested by the City Council, in its meeting of February
8, 1965, a survey has been made and cost estimate prepared for
the installation of a sidewalk On N. Swinton Avenue from 6th
Street to 22nd Street, and thence easterly along the south'
right-of-way of 22nd Street to the intersection of Seacrest
Boulevard.
There is an existing sidewalk, in rather poor condition, be-
tween 6th and 8th Streets on the east side of Swinton. The
estimate includes the cost of renewing this sidewalk and ex-
tending it in four locations to intercept the paved portion
of the street.
From 8th Street to 22nd Street the sidewalk will be carried
approximately one foot inside the right-of-way line in accord-
ance with city standards. Inasmuch as there is considerable
-6- 2-22-65
"variation in the width of the right-of-way line in Swinton
Avenue, it may be considereddesirable to construct the side-
walk at a uniform distance from the edge of the. pavement. In
either case the cost estimate will be approximately the same.
The sidewalk running east on N. E. 22nd Street is figured as
one foot inside of the right-of-way line.
The additional cost for the installation of reinforced drive-
ways across the sidewalk,, for placing or .removing fill as re-
quired, and for the replacement of pavement in certain parking
strips where the elevation will be changed~hasbeen taken into
consideration.
The total cost for the above construction is estimated at
$9,570. Adding the usual 15% for engineering, accounting
and contingencies brings this total to $11,010.
Since the installation of the storm drain on N. E. 22nd Street
there has ~een considerable contention and'dissatisfaction
among the residents on the south, side as to the location and
maintenance of the swale which carries the'water easterly
from Swinton to the catch basin at Seacrest. If the Council
so desires a curb and gutter may be placed along this side-
walk and the pavement extended over to the curb, thus pro-
viding a 37 foot width of pavement which is adequate.for
parking and two ample lanes.for traffic_. The additional
cost for this installation WOuld be $2,440.plus the !5%
making a total of $2,810~"
There was discUssionconcer~ing assessing some of the Cost of side-
walk construction against the abutting property owners, and what pro-
portion would be assessed.
Mr. 'Saunders moved~that this item be. tabled Until ~the Council could
have a work-shop meeting concerning same, the motion b~iDg seconded by
Mr. Talbot and UmanimOUsly carried
7.a. The CounCil was informed that an offer for sale to the City of
Lot 21, Block 92, for the sum of $7,500..00, for possible parking
facilities, has'been received°
Mr. Talbot moved that this item be referred to the' Traffic & Park-
ing committee'for their recommendation, the motion being seconded by
Mr. Saunders and unanimously carried.
8.a. City Clerk Worthing read RESOLUTION NO. 8-65.
A RESOLUTION OF THE CITY COUNCIL OF DELRAy BEA~CH,
..FLORIDA, REQUESTING THE LEGISLATIVE DELEGATION OF
PALM BEACH COUNTY, FLORIDA, TO' PRESENT CERTAIN BILLS
BEFORE THE 1965 SESSION OF THE~FLORIDA LEGISLATURe-
AMENDING THE CHARTER OF DELRAX BEACH, ANU.VALI~_DATING
AND ~ONFIRMING 'oRDINANCES AND RESOLUTIONS._
(COpy. of Bills attached .hereto) (.See Pa~.s
(Copy of Resolution No'. 8-65 is attached to the official copy of
these minutes.) '(See Page 6~A)
During the. publiC"hearings on the firsk and second proposed acts,
there were .no objections.
City Attorney Adams stated that the boundary of. the proposed great-
er ~elrayBeaCh a~i~ was the c-15' canal 'on the South,' Lateral 30 On
the North, and on the West, a line 1340 feet west Of Military T=ail,
and explained the only way annexation could be accomplished in that
area, and commented on the services that were necessary upon annex-
ation of' ~ny of said land'.
. Mayor Avery said. one of the main reasons for establishin~ a-greater
Delray Beach'area isto keep any incorporation within this area .from
~7- 2~22-6~
'6o
taking place, or any encroachment by any other cities= also, so that
there may be proper planning for the orderly development of said area.
During the public hearing on the third proposed act, Mr. Tony
Jettinghoff, who owns property and has .a business on North Military
Trail within this proposed greater Delray Beach Area, .asked if annex-
ation would be by consent of 51 per cent of the number of owners or
51 per cent of the area to be annexed. City Attorney Adams said it
would be by owners. '
Mr. James Ritterbusch mentioned that if a certain number of homes
were built in a subdivision, the State Boar~ of Health would require
a sanitary sewer system to be installed, and asked what disposition
would be made of such a sewer plant if said area of land would later
be annexed to Delray Beach. Following lengthy discussion, Mayor Avery
said that such things would be negotiated at the time of annexation.
Resolution No. 8-65 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Talbot and seconded by Mr.
Jurney.
8.b. The City Clerk presented ORDINANCE NO. 2-65.
AN ORDINANCE OF THE CITY .COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 15-26,
CHAPTER 150 PERTaINInG TO ABANDONED, WRECKED OR
JUNKED ~EHICLES.
(Copy of Ordinance No. 2-65 is attached to the. official copy of
these minUtes,) (See Page
There being no objection to Ordinance NOo 2-65, said ordinance was
unanimously passed and adopted on this second and final reading, on
motion by Mr. Saunders and seconded by Mr. Croft.
8.c. City Clerk Worthing presented ORDINANCE NO. 3-65, also the
completely corrected map as to what said ordinance entails.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DEL~AY BEACH, FLORIDA, AMENDING SECTIONS 3, 4,
and 5 OF ORDINANCE NUMBER' G-508; (AN ANNEXATION
ORDINANCE) PERTAINING TO THE RIGHTS AND 0BLI-
GATIONS OF SAID LANDS.
It was stated that the deeds for dedication of the roadway and
easement would have to be presented to the City prior to the passage
of said Ordinance No. 3-65.
Ordinance No. 3-65 was unanimously placed on first reading,
on motion by Mr. Croft and seconded by Mr. Saunders.
8.d. The City Clerk presented ORDINANCE NO. 4-65.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF
DELRAY BEACH, FLORIDA, BE AMENDED BY ADDING A SEC-
TION REGULATING THE PARKING, STORING OR KEEPING OF
CERTAIN COMMERCIAL ~EHICLES, BUSSES, TRUCKS, BOATS,
BOAT TRAILERS, HORSE VANS, AND INDUSTRIAL EQUIPMENT
WITHIN THE RESIDENTIAL DISTRICTS OF THE CITY OF
DELRAY BEACH.
City Clerk Worthing then read the following report from the Planning
Board:
"At a special meeting on February 5, 1965, the Planning Board
and the City Attorney made a study of a proposed ordinance
pertaining to the parking of vehicles in the City. -The Board
unanimously recommends that the Council approve the proposed
ordinance and place it on first reading."
-8- 2-22-65
61
Ordinance No. 4-65 was unanimously placed on first reading, on
motion by Mr. Saunders and seconded by Mr..Talbot.
Mrs. Dorothea Montgomery mentioned a large, unsightly boat located
on residential property adjacent to N. E. 4th Street, and asked'if an
ordinance such as No. 4-65 would control, such a situation in an R-3
zoned district.
City Attorney Adams reported that said boat had been ~old, and was
supposed to be moved from that location by the end of the month, and
pointed out that as far as Ordinance No. 4-65 is concerned, residen-
tial districts include the R-3 zoned districts in Delray Beach.
8.e. City Clerk Worthing presented ORDINANCE NO. 5-65.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 37, DELRAY
BEACH SHORES, WHICH LAND IS ~ONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AND PROVIDING FOR THE ZONING THEREOF.
Ordinance No. 5-65 was unanimously placed on first reading, on
motion by Mr. Talbot and seconded by Mr. Croft.
9.a. The following.s.urv~y_re~t .concerning street paving in Tropic
Palms Subdivision from Cit~ Engineer Pleming, dated February 18th,
1965, was read: ~,~. .~ .-
''As requested by CounCii~a S6rvey has' been made 6f-~he p~i~g'
' ~situation in Tropic Palmy. The difficulty here'.arises primarily
~omthe.~a'ct Ghat .C~r'%a~n streets~ ~re.n6t'c°mPfete~C0ns~ructed.
.c0rdance.'~ith CitY speciflcati0.ns,.hg~e~er, the~.9.1~br~et~.~ere
~never given the f~nal surface layer'of asphalt, and'be'cause of
this the.exposed rock is badly deteriorating,
Although the city'.s present subdivision ordinance WaS not in
effect at the tfme TrOPic palms w~s ~nneXed,. the city does have
a lega!.agr6ement with.Mr. MellOn whereDy he will install all
required .streets in accordance with.city Specifications.
Mr. Mello~ h~Si'~greed'~ i~ the past,.~tO .have all.la'iii.ties com-
pletely installed a't any given l~c~tion where B~i'ldi~gs are con-
structed. On several occasions when we hgve_been abl~ to contact
Mr. Mellon he has brought his paving'program up-to-date, and I
believe he did at one time make the.statement.%hat some money
had been Put in escrow toP~ovide pavan'g (or to complete par-
tially finished p~ving)'~in the areas where houses are built.
A present.suryey in Tro~icpal~SShoWs that partialIy completed
streets'are':bad%y deteriorating i~ the foll0wingi~cations~ ~
Eagle Drive, Cardinal Drive, Bunting Drive, Avocet Road, Eagle
Circle, Audubon Blvd., Heron Drive,..Ibis Drive, Jaeger Drive,
ongbird Circle, Linnet Circi~, curlewRoad, Mal!ardDrive,~ ~
tte'~ai ,0~d~ Nightingale O~ve'.'.Os~re~ or~Ve a'~'Ouail~R0ad.
'The t0tai:-q~,st ,of providing the asphaltic concrei~s~rface tO;'
c0mP. iete :the paVing..ofthese'roads.t°taling 65~267 ~4~are~ya~ds
Of the above listed locations, the following s~eets having in-
..habi't6d buildings UPq~ them ,ShOUld be!.given ~r. efere~ce:~:, aer~n
Drige, I400 lineal feet - Ibis Drive 300 lineal feet.~.Jaeger
D~VeZ12OO':.~neal fee,t.'~ c~iew 'a0~a i200 iine~I.,f~; tota'i
-9- 2~22-65
"4100 lineal feet or 10,022 square yards, which at 35¢ per
square yard gives an estimated cost of $4,510.
It would seem that every effort should be made to contact Mr.
Mellon and advise him of his responsibility prior to the ex-
penditure of any city funds for paving. The Council may also
wish to obtain the city attorney's opinion as to the legality "
of the city's taking over thepaving and recouping their ex-
penditure through legal action against Mr. Mellon."
Mayor Avery asked the City Attorney if, in the event it was im-
possible to force Mr. Mellon to comply with his agreement, it would
be possible to make said improvements and levy cost against the prop-
erties that Mr. Mellon has within the City limits.
City Attorney Adams replied: "A lot of this is presuming that
there is a legal agreement between Mr. Mellon and the City, and I have
not seen an agreement. That is something that Mr. Fleming, Mr.
Holland, Mr. Worthing and myself could investigate and report back to
the Council~"
Mr. Saunders moved that every effort be made to contact Mr. Mellon '
regarding the condition of said streets, and find out what can be
done, with his cooperation, and come back to the Council with a re-
commendation. Mr. Talbot said he would second the motion and asked
Mr. Saunders if he would include an his motion the investigation of
any legal agreements with Mr. Mellon. Mr. Saunders said that was the
intention in his motion, and upon call of roll, the motion carried
unanimously.
9.b. Concerning inspection and maintenance of the Community Center
roof, City Clerk Worthing reported to Council as follows:
"Attached to the agenda is a report from Gable Roofing Company,
who constructed the roof on the City's Community Center build-
ing, and whose offer for inspection and maintenance thereof
appears to be advantageous to the City. It is, therefore,
recommended that an agreement be entered into with Gable Roofing
Company, reflecting acceptance of their proposal, namely:
1. That Gable Roofing Company~ inspect and maintain necessary
repairs every two years.
2. That Gable Roofing Company make the inspections and mainte-
nance, repairs at its own cost for the next 8 years, and the City
of Delray Beach to assume the responsibility of the roof for the
following 8 years."
Following discussion, Mr. Saunders moved to acceptthe recommenda-
tion, ~nd accept the proposition of the Gable Roofing Company. The
motion was seconded by Mr. Talbot and carried unanimously.
10.x. City Manager Holland said he'had met with representatives of
the Chamber of Commerce last week concerning a downtown parking pro-
blem; further, that this was considered administrative, but he wanted
to report same to the Council.
The City Manager said it had been requested that four parking
meters be placed on the west side of S. E. 5th Avenue within the first
block, and that the east side of that block, which is illegal for park-
ing, be painted red down past the driveways to the City parking lot.
The City Manager informed the Council that he had received a com-
plaint from Mr. Jerome J, Ettinger, who operates a business across
Atlantic Avenue from the shuffleboard courts, that the shuffleboard
group monopolizes the parking on AtlantiCAvenue in that area, while
they have parking faciliti~s prOvided.
The City Manager said if there are no objections, he will provide
for installation of meters and~painted area, as outlined, also contact
-10- 2-22-65
the ones in charge of the shuffleboard courts and ask them to please
use the parking lot that has been provide~ for them.
10.x. City Manager Holland commented as follows= "Tomorrow, the
Police Department will be instructed,' in connection with all other
traveling City employees, to try to heip, if possible, pick up all
unmarked trucks that are supposedly doing'business within the City
without licenses. I have had'complaints also as to sewer installa-
tions being handled by plumbers without licenses. If you hear com-
plaints from people who may be picked up on this project, they are
being warned in advance and you have the information tonight."
10.x. Mayor Avery said he had received-a communication from a member
of the public who did not wish his name to be made known, for a police
patrolman named Francis Bischoff for the very discrete and proper way
that he handled a very delicate situation last week.
Mayor Avery asked that City Manager Holland inform Patrolman
Bischoff of said commendation.
10.a. City Clerk Worthing presented a bill from City Attorney Adams
in the amount cf $85.00, covering extra services,' also Bills for
Approval as follows:
General Fund $41,919o84
Water Operating & Maintenance Fund 8,935.70
Water Revenue Fund 38,176.29
Special Assessment Fund 864.08
Refundable Deposits Fund 3,182.42
Beach Disaster Fund 807.00
Improvement Fund 18,067.95
The bills were unanimously ordered paid on motion by Mr. Talbot
and seconded by Mr. Croft.
The meeting adjourned at 9:40 P.M., by order of Mayor Avery.
R. ~. ~WOrthing
City Clerk
APPROVED:
-11- 2-22-65
RESOLUTION NO. 8-65.
A RESOLUTION OF THE CITY COUNCIL OF DELRAY
B~ACH, FLORIDA, REQUESTING THE DRGISLATIVE
DELEGATION OF PALM BFJICH COUNTY, FLORIDA,
TO PRESENT CERTAIN BILLS BEFORE TH~ 1965
SESSION OF TH~ FLORIDA LEGISLATURE AMEND-
ING THE CHARTER OF DELRAY BEACH, AND VALI-
DATING AND CONFIRMING ORDINANCES AND RESO-
LUTIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS'.
SECTION 1. That the legislative delegation of Palm
Beach County. Florida, is hereby requested by the City Council of
Delray Beach, Florida, to present to the 1965 session of the Florida
Legislature for passage, the following bills which are described
herein by title for identification, the following titles being those
that appear on the bills to'be presented, and which accurately
scribe the subject of eauh bill:
AN ACT RELATING TO THE CITY OF DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA, AMW-NDING CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, AS AMENDED, SAME BEING
THE CHARTER OF SAID CITY, AUTHORIZING AND EMPOWERING
SAID CITY TO IMPOSE, LEVY AND COLLECT ON PURCHASES OF
ELECTRICITY, METERED OR BOTTLED GAS, KEROS~NE AND FUEL
OIL, ~ATER SERVICE, TELEPHONE SERVICE AND TELEGRAPH
SERVICE WITHIN ITS CORPOPa~TE LIMITS A TAX IN AN AMOUNT
NOT TO EXCEED TEN PER CENT OF THE PAYMENTS RECEIVED BY
THE SELLER OF SUCH UTILITY SERVICE FROM TFI~ PURCHASER
AND PROVIDING ~X SHALL BE PAID BY THE PURCHASER TO THE
SELLER FOR THE USE OF SAID CITY; PROVIDING FOR OTHER
MATTERS NECESSARY AND INCIDENTAL THERETO2 REPEALING ALL
LAWS OR PARTS OF LAWS IN CONFLICT HERBWITH; PROVIDING
FOR SEVP-RABILITY; PROVIDING AN EFFECTIVE DATE.
AN ACT RATIFYING, VALIDATING, APPROVING AND CONFIRMING
ALL RESOLUTIONS AND ORDINANCES HERETOFORE ADOPTED AND
ENACTED BY THE CITY OF DELRAY BEACH, IN PALM BEACH
COUNTY, PLORIDA; AND PROVIDING AN EFFECTIVE DATE.
AN ACT RELATING TO THE CITY OF DELRAY BEACH! AMENDING
CHAPTER 25786, SPECIAL LAWS OP FLORIDA, ACTS OF 1949,
AS AMENDED, SAID CHAPTER BEINO THE CHARTER OF SAID
CITY, BY ADDING SECTION 6 A, DESIGNATING CERTAIN REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS THE GREATER
DELRAY BEACH AREA; PROVIDING METHODS FOR ANNEXATION OF
ANY REAL PROPERTY LOCATED IN THE GREATER DELRAY BEACH
AREA THAT IS NOT IN THE CORPORATE LIMITS OF THE CITY;
RESERVING SAID AREA FOR THE FUTURE GROWTH OF THE CITY
OF DELRAy BEACH; AND PROVIDING AN EFFECTIVE DATE.
PASSED AND ADOPTED on this 22nd day of February, 1965.
/s/ AL. ¢. AVERY
MAYOR
ATTEST:
D.
City Clerk
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 AND SECTIONS 15-3 & 15-4 OF THE CITY CODE
PROPERTY CITY
0W~ER ADDRESS DESCRIPTION C ODE
1. Lloyd R. 2803 crest Ave. So. Lot %4 - Tropic 15-4
Remington Lehigh County Is le
Allentown, Pa.
2. Verner C. & 732 N. E. 16th AVe Lot . 65 - Tropic 15-3
Valborg E. Ft. Lauderdale, Fla. ISle
Johns on
3. Charles D. & 3961 North Ivey Lots.'55 & 56 - 15-3
Ruth R. Flynn Road, N.E. Tropic Isle 15-4
Atlanta, Ga.
4. Ernst Paul %.Dorothea G. Lot 30 - Delray 15-3
Somme r Montgomery I s le 15-4
P., o; Box 458
Delray Beach, Fla.
5. H. Edward & .... Lot !5, Blko 8, 15-~
Pendergraft Delray Beach, Fla.
Violations 15-3 & 15-4 as concerns this report
are as folloWs:
1. 15-4 - - High growth near Waterway
2. 15-3 - - Two high Pine trees to be removed or reduced to
safe height, Hazard to adjoining property.
3. 15-3 - - Storm damaged Pine tree down, also broken trees
& limbs.
15-4 - - Weeds on Property and along Waterway
4. 15-3 ''- ~Tree limbs on weSt side of property
15-4 - - Weeds on weat side of property
5. 15-3 - - Broken tree limbs and trash
15-4 - - ~Weeds
Submitted to the City Council by the City Manager
on this the 22nd day of February, 1965.
64-0
A bill to be entitled
An act ratifYing, validating, approving and
ccnfireing all resolutions and ordinances
· ~ i heretofore adopted and enacted by the City
!1 of Delray Beach, in Pala.~:Beach Count~,
"i FlOrida; and providing an effective date.
Be It Enacted by the Legislature of the Stateof Florida:
Section 1. All .resolutions and ordinances hereto-
fore adopted and enacted by the City of Delray Beach,
in Palm Beach County, Florida, be, a~d the same are
hereby ratified, validated,, approved and confirmed.
Section 2. All lawe in conflict herewith are here-
by repealed.
Section 3. This act shall become a law upon its
passage and approval by the GoVernor, or upon. its be-
coming a law without such approval.
64'~
A hill to be entitled
An act relating to the City of Delray Beach,
Palm Beach County, Florida, e~ading Chapter
2~8~, Special Laws of Florida, Acts of 199,
as amended, same being the charter of said
city, anthorizing and empowering said city
to impose, levy Aud collect on purchases of
electricity, metered or bottled gas, kerosene
and fuel oil, water service, telephone ser-
vice and telegraph service within its corpor-
ate limits a tax in an amount not to exceed
ten per cent of the payments received by the
seller of such utility service frca the pur-
chaser and providing tax shall be paid by the
purchaser to the seller for the use of said
city; providing for other matters necessary
and incidental theretc~ repealing all laws
or parts of laws in conflict herewith; provid-
ing for severability; providing aa effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. That the City of Delray Beach, Florida,
be, and the same is hereby authorized and empowered,
given t~e right, power and authority, by non-amergency
ordinance, to impose, levy and collect on each and every
purchase of electricity, metered or bottled gas, (natur-
al, liquified petroleum gas or manufactured gas), fuel
oil (including but not limited to Grades No. 1, 2, 3, ~,
5, 6, or a~y combination thereof), water service, tele-
phone service and telegraph service in its corporate
limits, a tax (straight percentage, sliding scale, gra-
duated or other basis) in an muzt not to exceed ten
per cent (10%) of the payments received by the seller
of such utility service from the purchaser for the pur-
chase of such utility service; provided, however, that
the sale of natural gas or fuel oil to a public or pri-
vate utility, including municipal corporations and rural
electric cooperative associations, either for resale or
1
64-E
for uae as fuel in the generatiom of electricity shall
not be deemed to be a utility service amd purchames
thereof under such circumstances shall not be taxable
hereunder. In every case the tax shall be collected
from the purchaser of such Utility service and paid by
i "~ such purchaser for the uae of the city or town to the
i seller of such utility service at the time of the pur-
~ chaser paying the charge therefor to the seller. It
shall be the duty of every seller of such utility ser-
vice, in acting as the tax collection medium or agency
for the city, to collect from the purchaser, for the use
'of the city, any tax imposed and levied by ordinance
enacted pursuant to this section and to report and pay
over unto the city all such taxes imposed, levied and
collected in accordance with the accounting and other
provisions of the enacted ordinance. A~2 such ordinance
may provide that Federal, state, county and municipal.
governments and their commissions and agencies and other
tax supported bodies, public corporations, authorities,
boards and commissions shall be exempted from the pay-
ment of the taxes imposed and levied thereby and may
also provide penalties for the violation of such ordi-
nance. In the event any such ordinance imposes such a
tax on the purchase of one of the utility services des-
cribed herein and a competitive utility service or ser-
vices are purchased in the city, then such ordinance
.- shall impose a tax in like amount on the purchase of
: the competitive utility service or services whether pri-
.' vately or publicly owned or distributed; however, tele-
?
- phone and telegraph service shall not be required to be
considered competitive services.
Section 2. All laws, or parts of laws, in con-
flict herewith be, and the same are hereby repealed.
Section 3. If any provision or part of this act
be declared to be unconstitutional by any court of com-
2
A bill to be entitled
An act relating to the City of Delray Beach;
`"ending Chapter 257~c~, Special Lava of
Florida, Acts of.l~9, as --ended, eald chap-
ter being the c~arter of said city, by add-
ing Section 6A, designating certain real
property in Pals Beach County, Florida, as
the Greater Delray Beach Area; providing
methods for ~--exation of any real property
located in the Greater Delray Beach Area that
is not in the corporate limits of the city;
reserving said area for the futuregrowth of
the City of Delray Beach and providing an ef-
fective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. That Chapter 2~M~, Special Laws of
Florida, Acts of 19~9, as --ended, s--e being the char-
ter of the City of De]ray Beach, Florida, is amended by
adding Section 6 A to read:
6 A. Boundaries and territory of Greater De]ray
Beach Area.
(1) Greater De]ray Beach Area - Described
Certain real property in Pals Beach County, Florida,
is hereby designated as the Greater DeLray Beach
Area, with that part thereof that is now included
in the territorial limits to be eventually included
into the. City of Delray Beach by any of the methods
of ~--exation as in this charter set forth. The
present territorial limits of the City of Delray
Beach, Florida, include that territory described in
Section ~ of this charter aa --ended, and any
areas described by the ordinances of annexation
on which proceedings have been completed subse-
quent to the Charter Act by methods authorized by
hapter 2~510, S~ecial Laws of Florida, Acts of
1951, the ~eneralLaws of Florida, or bySection
185 of the Charter Act. The Greater Delray Beach
Area is that real property in Palm Beach County,
Florida, described as:
Commencing at a point where the South line of Lot
Sixteen of Block D, of the revise~ plat of Blocks
1
D and E, Palm Beach Shore Acres, as recorded in
Plat Book ?, page }8, Palm Beach County public re-
cords, intersects the shores of the Atlantic Ocean;
· thence West along the South line of said Lot Six-
teen in Block D, to a point where the South line of
said Lot Sixteen extended, intersects the West line
of the Ocean Boulevard, as now laid out and con-
structed through Sections mine and ten, Township
Forty-six South of Range Forty-three East, thence
southerly along the West line of said Ocean Boule-
yard to a point which is ten feet South of the
South line of Lot Seventeen-A, Block D of said re-
vised plat of Blocks D and E of the Palm Beach
Shore Acres; thence West along a line which is ten
feet South of and Parallel to the South line of
said Lot Seventeen-A to the South line of Lot C,
Block D of said revised plat of Blocks D and E,
Palm Beach Shore Acres; thence West along the
South line of said Lot C to a point where the West
line of the East Quarter of the Southeast Quarter
of Section Nine, Township ~6 South of Range 43 East,
intersects the South line of said Lot C extended;
thence South along said Went line of the East Quar-
ter of the Southeast' Quarter of said Section Nine
(said line also being the West right-of-way line of
Andrews Avenue as now constructed and in use) a
distance of 89.~0 feet; thence Westerly and para-
llel to the Westerly extensiom of the South line
of said Lot C a distance of 133 feet; thence in a
Southerly direction and parallel to the West right-
of-way line of Andrews AvenUe a distance of 81 feet;
thence in a Westerly direction parallel to and
1~0.5 feet South of the Westerly extension of the
said South line of Let C, a distance of 880 feet
sore or less to the center line of the Intracoastal
Waterway, as now constructed and in use; thence
northerly along the center line of said Intracoast-
al Waterway to a p?_iat where the South line of Sec-
tion 4, Township ~ South, Range 43 East intersects
the center line of said Intracoastal Waterway;
thence West along said Section line a distance of
814 feet more or less to the Southwest corner of
the Southeast Quarter of the Southwest Quarter of
the Southeast Quarter of said Section 4; thence
Northerly along the West line of said Southeast
Quarter of the Southwest Quarter of the Southeast
Quarter ~03 feet sore or less to the South line of
Delray Beach Estates as recorded in Plat Book 21,
Page 13, Palm Beach County public records; then
continue North along the East line of said DeLray
Beach Estates to the intersection of said East line
With the Easterly right-of-way line of U. S. High-
way No. 1 (State Road No. 5), thence northerly a-
long said Easterly right-of-way line to the inter-
2
64-I
section of the East amd West center line of said
Section 4, themce West along said center line to
the West line of said ~eticm 4, thence in a West-
erly directiom sleuths ~ ..amd West center line
of Section 5, Tewaahip ~ Seuth, Ramge 43 East, a
distamce of 3~8 feet mere or less to the Wez~k~est
cormer of the Northeast Quarter of the Northeast
Quarter of the Ncrtheast Qmarter of the Southeast
Quarter of said Section 5, thence in a Southerly
direction along the West lime of said Northeast
Quarter of the Northeast Quarter of the Northeast
Quarter of the Southeast Quarter a distance of 190
feet more or less, thence S-88°-37'-55"-W and para-
llel to said East and West center line of said Sec-
tion 5 a distance of 8~0 feet more or less to a
int in the ~aat right-cf-way line of Lake Worth
ainage District Carnal, thence
along said right-of-way line a distance cf 151 feet
more or less; thence continue along said right-of-
way line S-23e-57 ¥~'-W a distance of 186 feet more
or less; thence continue along said right-of-way
line and the extension thereof S-41e-50'-44'-W a
~istance of 7~ feet more or less; thence
31'-E a distance cf 700 feet; thence
29'-W a distance of 180 feet; thence
a distance cf 201 feet more or less to a point in
the North lime of Lake Shore Estates, a su~livision
recorded in Plat Book 25 at page 26, Public Records
of Palm Beach Coumty, Florida; thence
43'-W along said lime a distance of 280 feet more
or less to a point 21.03 feet Nest of the Northwest
cormer of L~t A of said subdivision of Lake Shore
Estates; thence N-Oe-i~'-31'-W a distance of 245
feet; thewce N-21e-.~O'-~i'-W a distance of 1280
feet more or less., to a point in a line 290 feet
parallel to and measured at right angles from the
East right-of-way line of State Road No. 9 as re-
corded in County Road Plat Book 1, page $6, Public
Records, Palm Beach County, Florida; thence
05'-29'-E along said line a distance of 650 feet
more or less to a point in the center line of said
Section 5, Township ~6 South, Range 43 East; thence
West aleng said center line of Section 5, Township
A~ SouS., Range 43 East, a distance of 550 feet
more or less to a point in the Westerly right-of-
way line of the Seaboard Airline Railway; thence
Southwesterly along said Westerly right-of-way line
of the Seabeard Airline Railway a distance of 2890
feet more or less to a point in the South line of
said Section 5, Township ~ South.fRangeo $3 East;
thence West along the South line Section 5,
Township ~6 South, Range ~3 EaSt and the South line
of Section ~, Township ~6 South, Range 43 East a
64-J
distance of ~0 feet more or less to a point in
the West line of Ran£e 4~ East; thence continue West
along the South line of Section 1, Township #6
South, Range 42 East and the South line of Section
2, Township ~ South, Range 42 East a distance ef
6600 feet sore or less to a point in the West line
of the East Quarter of ~ection 2, Township ~
South, Range $3 East; thence in a Southerly direc-
tion along the West line of East Quarter of Sec-
tions 2, 11, 14, 23, and 26, Township ~6 South,
Range 42 East to the Southwest corner of the East
Quarter of said Section 26; thence Easterly along
the South line of Sections 26 and 25, Township ~6
South, Range 42 East, thence continue Easterly a-
long the South line of Sections 30 and 29, Town-
ship ~6 Sonth, Range 43 East to a point where the
center line of the C-15 canal intersects with said
South line of Section 29; thence in a Southeasterly
direction along the center line of said C-15 canal
to a point where said center line intersects the
West boundary of the subdivision of Tropic Isle,
Section ~ aa recorded in Plat Book 25, page 69-?0;
thence in a Southerly direction 'along said West
boundary of said SUbdivision to the South ~oundary
of said subdivision; thence in an Easterly direc-
tion along the South boundary of said subdivision
to a point of intersection with the center line of
the Intracoaetal Waterway; thence in a Northerly
direction along the center line of said [ntracoas-
tal Waterway a distance of ~ feet nors or less
to the center line of Section 28, Township ~6 South,
Range 43 East, thence in an Easterly direction a
distance of 1000 feet nors or less to the waters
edge of the Atlantic Ocean; thence in a Northerly
direction along the waters edge a distance of
~920 feet nors or less to a point in the South
line of Section 16, Township ~6 South, Range ~
East; thence in an Easterly direction along the
South line and the Easterly extension of said South
line of said Section 16, a distance of t~ee niles;
thence in a Northerly direction and parallel te
the waters edge of the Atlantic Ocean a distance
of one nile. acre or lees to a point of intersec-
tion with the easterly extenSion of the North line
of said Section 16; thence Westerly along said
Easterly extension of said Section 16 a distance
of three .niles more or less to the waters edge of
the Atlantic Ocean; thence in a Northerly direction
along the waters edge of the Atlantic Ocean to a
point in the said South line of Lot 16, Block D,
of the Revised Plat of Blocks D and E, Palm Beach
Shore Acres, said point being the Point of Beginn-
ing.
(2) The city shall not exercise its jurisdiction
and governmental powers, except as in this charter
specifically authorized, over any part of the
~reater Delray Beach Area except: (a) as to that
part' of the Greater Delray Beach Area described
in Section 6 A (1) as Being in the present terri-
torial limits of the City of Delray BeaCh, Florida,
and (b) that part of the Greater Delray Beach Area
described in ordinances of --eexation enacted and
recorded as herein provided. Upon the enactment
and recording of any valid ordinance of ~exation
as Provided, the real property in that ordinance
described and the inhabitants thereon or thereof,
shall be subject to the full powers and jurisdic-
tions of the city as in this charter authorized.
(3) The city may include or add to its territorial
limits and subject to its jurisdiction and powers,
herein called anmexation, any of that real pro-
perry that is not in the territorial limits of the
city but which is located in the Greater Delray
Beach Area as heretofore described in 6 A (1) in
accordance with any procedure in this section set
forth.
(#) The city council, at its discretion, may
follow any one or more .of the asthma of annexa-
tion set forth in 'sub-section (a) through (c) of
Section 6 A (6) of this charter, and may use any
of the different methods of -~eexation at differ-
ent times or at the sa~e time, may use any of the
different methods of a-mexation at different times
as to the same or different parcels, or may use
any of the different metheds of ~nnexation at the
same time as to the same or different parcels, if
the parcel or parcels to be anwexed are within the
Greater Delray Beach Area as described in Section
6 A (1) of this charter.
(5) The size and shape of the parcel or parcels
annexed, the usage of the land annexed, the fre-
quency of a~mexation of different parcels, the
allure and date of failure of another method
as to the same parcel, the location of the parcel
annexed to the then existing city limits and the
fact that such parcel or parcels annexed are not
contiguous, adjoining, or adjacent to the then
city limits shall all be immaterial if the parcel
or parcels annexed are within the Greater Delray
Beach Area as defined in Section 6 A (1) of this
charter. The municipal benefits and services to
be made available i~ediately following ~n~exa-
tion need only to be fire protection, police pro-
tection, city water service, garbage and trash
collection, zoning, building regulations, regula-
tions as to public health, safety, welfare mud
morals, together with maintenance of existing
sewer lines, sidewalk~, streets and roads that
are public other than county amd state sidewalks,
streets and roads. Construction of mew water
lines, new sewage facilities, new streets and
-/ new sidewalks in aa undeveloped area annexed to
the city may be installed by the city within a
reasonable time after ;-~exation if the property
Owners in such area annexed so request. Provided,
,~ however, such property owners may be required by
the city to pay part or all of the cost of such
improvements as determined by the ordinances of
the city. A reasonable amount of land used for
agricultural purposes may be annexed from time to
time if it is located within a reasonable distance
of any area within the tract being annexed that
has developed or is developing for other uses, all
as determined by the city council.
(5) The city in annexing additional territory
located in the Greater Delray Beach Area to the
city or in subjecting any of that real property
in the Greater De]ray Beach Area to the jurisdic-
tion and powers of the city may use any one or
more of the following methods or procedures, in-
dividually, severally, jointly or collectively,
notwithstanding any general law heretofore or
hereafter enacted to the contrary, as follows,
to wit:
(a) ~y ordinance on o$tition ~¥ landowners. -
The city may annex additional territory to its
territorial limits upon petition signed by 51%
of all the owners in fee simple of the real pro-
perty of the area sought to be =-hexed, as deter-
mined by the public records of the county, con-
senting to and requesting the annexation of said
area to the City of Delray Beach. Said petition
'~ shall be presented to the council and the council
· may cause the ~etition to be investigated to deter-
I mine the validity thereof. The council may ac-
cept and approve the petition on behalf of the
~v city amd cause same to be filed with the perma-
nent records of the city. After the approval
of any such valid petition, notice as provided
in subsection (7) of this section shall be pub-
lished and at any regular meeting following the
last publication of that notice the city council
by a majority vote may by appropriate ordinance
annex the area, or any part thereof, described in
the petition to the city.
6
(b) ~v 9rdinanc9 - public owned lands. - Any real
property that is public or luasi-public which upon
annexation would net be sab~ect to direct ad vale-
rea taxation by the city or that is owned by the
Federal ~overaaent or ,wy of its agencies, or that
is owned by the State ~overnaent or any of its
agencies, or that is owned by any political sub-
division of the F ~j~',.al or State ~overnaent may be
annexed to the t/' :~rial liaits of and included
in the boundaries ~ the city at any time by or-
dinance of the city enacted by a majority vote of
the city council, after notice of intent to ,n~ex
iapublished as provided in subsection (7) of this
section.
(c) ~~A~. - The city may annex addi-
tional territory to its territorial liaits by any
procedure or method set forth in the general laws
of the State, including any aaendaents thereto
and notwithstanding any provision of the general
law and a~endaants thereto to the contrary. Such
general law and aaendaents thereto may be read as
though it had an additional sentence to each such
procedure or aethod to read, 'The procedure or
method of annexation set forth herein may be
followed by the City of Delray Beach, notwithstand-
ing any provision in this law to the contrary.'
(7) Notice of intent to annex. Prior to the en-
actment of any ordinance of a~exation provided
for in this section, the council shall cause notice
of intent to annex to be published once a week for
four consecutive weeks in soae newspaper of general
circulation in the city and in the area to be an-
nexed. The notice shall indicate the proposed
method of ~nnexation, describe the tract of real
property to be ~n-exed 'and give the date of the
council meeting at which the ordinance of annexa-
tion will be introduced for enactment.
(8) Resolution prior to ,~-exation. The council
may provide by resolution, enacted prior to such
annexation, for any lawful provision or condition
relating to that real property being ,--exed to
be effective upon such annexation or any specified
period thereafter,
(9) Recording ordinance of annexation. Each or-
dinance of annexation enacted pursuant to this sec-
tion shall be recorded in the official record book
of Palm Beach County, Florida. The recording of
said ordinance shall be prima facie evidence and
notice that such -nnexation has been completed,
that such annexed area is thereupon within the
7
corporate limits of the city and that said peti-
tion or election, as the case may be, said or-
dinance amd the resolution, if any, has been duly
executed, validated, ratified and confirmed. Such
-~exation shall not be deemed completed or ef-
fective until the ordinance of annexation has been
recorded as hereinprovided. The effective date of
such annexation shall be ~he ~ate that ordinance
is recorded as herein provided.
(10) Greater Delray Beach Area - Reserved for
City of Delray Beach. -
That part of the Greater Delray Beach Area located
outside of the territorial limits of the City of
Delray Beach is hereby declared to be established
for the future and orderly growth of the City of
Delray Beach. No village, town, city or munici-
pality now existing or hereafter created, except
the City of De]ray Beach, may include any of the
territory in the Greater De]ray Beach Area within
the corporate limits of such village, town, city
or municipality.
(11) Greater De]ray Beach Area - Method of in-
cluding into the city limits. -
Any part of all of that real property described
in Section 6 A of this charter as the Greater Del-
ray Beach Area, or any part of any parcel, lot,
tract, piece or any part thereof, may be included
into and made a part of the city, in any of the
methods or procedures of amuexation set forth in
Section 6 A (6) (a) through (c) of this charter
or in accordance with any procedure set forth in
the general laws mud amendments thereto.
(12) Greater De]ray Beach Area Jurisdiction. -
No taxes imposed by the city shall be levied in
the Greater Delray Beach area, except as to that
area therein that is within the territorial limits
of the city as described in Section 6 A (1) of
this charter. Upon any part or parcel of that
real property described as the Greater De]ray
Beach Area being added to, _~-~exed to or included
within the corporate boundaries of the city, such
.lands so included shall thereupon be subject to
the jurisdiction, powers, obligations, benefits
and privileges of the city.
Section 2. The provisions of this act are sever-
able, and if any section, part of section, paragraph,
8
64-~ '
sentence or clause of this act shall be adjudged by a
court of competent jurisdiction to be invalid, such de-
cision shall not affect the validity of any other portion
thereof, hut shall be restricted and limited in its op-
eration and effect to that specific portion hereof in-
volved in the controversy in which such decision shall
have been rendered.
Section 3. Ail laws and parts of laws, ordinances,
or regulations, in so far as they are in conflict or in-
consistent with the provisions of this act, be and the
same are hereby repealed.
Section 4. This act shall become effective
mediately upon its becoming a law.
THIS A~~, made and executed ~his 2~d day of Februar~
1965, between ~he CI~ 0F DEL~Y B~CH, a ~nicipal Co~oraCien in Palm
Beech County, Florid. a, herein called Leamo~, and the WO~'S CL~ OF
DE~Y B~CH, a non-~roft~ ~orpora~ton under ~he laws of ~he S~a~e
Florida, ~rein oalled t~ Lessee,
~R~S, ~ere~ofo~e C~e p~tea ~e ~d executed a certain lease
coverl~ ~he followi~ p~operty in t~ Ct~y of Delray Beach, Palm Beach
CountY, Florida, ~e-wttt
T~k oe~tain ~ ~aek of l~d aho~ on ~ plat
of 0moeola Park aa recorded in the
Reeo~da of Palm Beach Co~ty, Florida, and
marked *Base Ball ~iel~*; the s~e
bo~ed on ~he East by Dade S~ree~ (Federal
H~ghway), on ~he Wem~ by Boyn~on 8~eek
(Dixie Highway), ~ en t~e North by
foo~ alley and on ~he South by a ~ f~ alley.
da~ed Au~s~ 2~, 19~8, leas~ said Property to ~be Lemaee for a term of
ninety-nine (99) years f~om said datel a~
~S~ aa~d trae~ of real estate was aequt~ed by the Lessor f~om
~he Currie Investment Company, a ~orl~a Cerpora~ton, ~h the express
p~v~m~on ~ha~ sa~d ~act ts ~ be hel~ am a Publt~ Park wtth ~he privilege
of leasing a~ or all of said proper~y ~ the Woman*a Club of Del~ay
Beach, Flertda, ac tha~ a Woman's 01ub ~tldt~ may be ePeo~ed ~he~en,
and wt~h ~he fu~t~r express proviatmn that all of said
shall cmntinue ~o be ~o~ aa Cuttle Memorial Park ~d no pa~t t~reof
~ed for business o~ ee~e~olal p~poaeml ~
~S, t~ Lessee ~a oenmt~oted a olub butldl~ on a portion
of said leased p~emisem;
~S, bo~h t~ Lessor ~d ~he Lessee are desirous of amendi~
aat~ lease ~o reduoe the a~ea ef the leue~ pPemZaem,
maintenance responsibilities of the
MOW, ~E~ORE, tn oo~t~e~atten ef the oevenanta ~on~atme~ tm t~e
~oremaid existing lease, dated A~mt ~, 19~8, and t~ ~ther ooven~tm
contained in Chis ~e~ed lease, tt ts agPeeds
1. Tha~ henoefopth sat~ Lease shall omver ~he fmllowtng ~emertbed
property tn ~he City of Del~a~ Beach, Pa~ Beaoh Oounky, ~e~tda,
PAGE 556
That certain trao~ of land shown on ~he plat
of Oeaeola Park aa recorded in ~he Public
Records of Palm Beach County, Florida, and
marked "Base Ball ~teld"; the same being
bounded om the East by Dado Stree~ (Federal
Highway), on the west by Bcym~on Street
(Dixie Blghway), amd on ~he North by a 20
foot alley and on the South by a 20 foot alley,
LESB ~ East 1~0 feet thereof.
2. That the Lessee's maintenance responsibility shall there-
fore no longer apply ~o the Eae~ 140 feet of the original tract,
whloh area the Lessor agrees to beautify and maintain aa a public
park. The Lessee agrees ~o eupply ~he physical maintenance and
wa~er necessary to continue ~he a~trac~ive appearance of the a-
forementioned reduced area, together wl~h ~he improvements located
thereon.
3. I~ is recited aa a matter of lmformatton t~at the c~y
presently has a sewer line a~d a wa~er lime located within a
sixteen (16) foo~ ease~emt ex~emding f~om ~orth to South ~he width
of the property first above described, the West line of which ia
also ~he Eas~ line of ~he Woman's Club ~ullding. It is agreed
~he Lessee shall have access to t he easement area for the purpose
of matn~aining aertaim landscaping belonging to the ~esaee, par~
of which is lo~ated on ~be leased premises a~d par~ of which ia
presently located In the area covered by said eue~eut.
~. The terms and p~visiona of the original lease between
par~ies, dated August ~J~, 19~6, shall remain in full force amd effeo~
other than as modified by ~his a~ended lease.
IN WITNE~ WI~EREOP, ~he Lessor has caused ~his amended Lease
to be executed by its Mayor and atteeted by i~s City Clerk and
~ity Seal to be affixed thereto, and. the Lessee has caused thio a-
~eudsd Lease to be executed by l~s President and a~ested by
eoretary on the date first above written.
PACE 557
CITY OF DELRAY
ATTEST: ~ ~.:~?:. ,,~, ~
......... ~' ~N'S CLUB OF DELRAY B~CH
"~ k';:? PreJ iden~
Witnesses as to Lessee
Secretary
STA~ OF FLORIDA )
COUN~ OF PALM B~CH )
Before me, the under~i~ed authority, personally appeared
Al. C. Avery, ~yor, and Robert D. Wortht~, City Clerk, to me well
kno~ to be the lndiv~duala who executed the above and foregoing
~e~ed lease on behalf of the City of Delray Beach, and they
knowledged before me that they executed the ammo f~eely and volun-
tarily aa ~d for the act ~d d~ed cf said City.
Witness my hand ~d offlctal seal at Delray Beach, Flo~
on this the 22n~ay of Feb~ary ~ 19~. r'?[~)'~
Nota~ ~ubl~c, State or
at Large
My co~ssion ex~ires:
Nota~ Public, State of F)orida at La~e
STATE 0F FLORIDA ) My Corem.ss:on Expires Sept, 13, 1966
) BeAded ~y Am~ican Suret~ Co, of N. Y,
COUN~ 0F PALM B~CH)
Before me, the undera~ed authority, personally appeared
Dorothy R. Conn , P~eatdent ~d ~s. L. ~. Peters , Secret~ry,
to me well kno~ to be the individuals who executed the above and fore-
going ~ended lease on behalf of the Woman's Club of Delray Beach, and
they acknowledged before me that they executed the same freely and vo-
and for the act~ and d.ed of said Club.
luntarily
Witness my hand ~d official seal at Delrey Beach, Florida, on