04-16-65SpMtg APRIL 16, 1965
A workshop meeting of the City Council, together with the
committee appointed to study the Recreational Complex in the City
Park, was held in the Council Chambers at 9:45 A.M., Friday, April
16th, 1965. City Manager R. D. Worthing was present and members
of the Council present were: Mayor Al. C. Avery, Vice-Mayor Jack
L. Saunders, and Councilmen J. LeRoy Croft and James H. Jurney.
Members of the Co~aittee to study said Recreational Complex
in the City Park present were: Mr. O. W. Rice, 0hairman of D. B.
Recreational Club, Col. Lawrence V. Everett of Sr. Citizens, Mr.
George Ganson of Bowling on the Green and Councilman James H.
Jurney.
Other individuals present were Mr. John Glen, M~s. Evelyn
Halstead and Mrs. Claudine Zapf of the Delray Beach Recreation
Club; Mr. Buddy Merritt, Mr. Clarence Bingham, Mrs. Phyllis Plume,
Mrs. MarJorie Evaul and Mrs. Margaret Bowen of the Beautification
Co~ittee; Mrs. C. W. Vogler of the Correction Conm~ittee and Mr.
Gary Gooder of the Press.
Mayor Avery called the meeting to order and asked Mr. Rice,
Chairman of the study committee to proceed with what information
he had for the Council.
Mr. Rice thanked the Council for their consideration in
giving time for this meeting, and said that to his knowledge, this
idea of a recreation building in the City Park was first talked
of three or four years ago, but at that time, some Councilmen had
indicated that should not be considered at the time as there was
a sanitary sewer program under way. Mr. Rice said that someone
had mentioned this would be an auditorium in the City Park, but
that was incorrect, as all those three organizations are seeking
is a modest club house with overall measurements of perhaps 37 by
90 feet, which would seat 300 or 350 people in comfort for any
entertainment feature that the organizations might be presenting
for their benefit and for anyone else who wishes to attend. Per-
haps the facilities could accommodate a small visiting convention
of two or three hundred delegates or a church group, but this
would be considered the adult recreation center in Delray Beach,
and it would be hoped that only organized groups, whose main ideas
were recreation, would be the ones eligible to use the facility,
namely the Shuffleboard Club, Senior Citizens Club and Bowling on
the Green.
Mr. Rice said this Committee did not consider parking as any
special problem at this time, as the times of play of the various
groups using the facility did not coincide.
Mr. Rice reminded the Council this Committee had been ap-
pointed to explore and to recommend; further, they had given their
exploratory report on March Sth, and at that time, up to ~500.00
had been authorized for preliminary planning.
During comments concerning the shuffleboard courts, Mr. Rice
said the present location of the courts is highly undesirable
because of traffic noises, and at times there are sewerage odors;
further, the building has no toilet facilities or wash rooms, and
the Club has outgrown the facilities by about two and one half
times.
Mr. Rice said there would be nothing added to the park that
is not already there, and if the clubhouse and courts are moved to
the north-central portion of the park, the park would actually
gain in area as the facilities would be placed closer together,
and that said facilities are antiquated and need to be updated.
Mr. Rice said another point of recommendation is the economy
of unified housing, that the bowlers have no shelter at all, the
Senior Citizens have had to move from one place to another, as well
as the shuffleboard group needing new facilities; therefore, it
would be very convenient for the three groups to have a common
clubhouse.
Mr. Rice said the neighboring communities are adding to their
senior recreation facilities and are attracting many people, and
that since Delray Beach is not an industrial town, they should
endeavor to keep and attract more people with new and improved
recreational facilities. Further, that Delray Beach could not
accommodate or even obtain a state or national shuffleboard tourna-
ment, because there is an insufficient number of courts, 16 courts
~-16-65
being required for either a state or national tournament, and to
have such a tournament here would give Delray Beach a lot of good
publicity.
Mr. Rice said the park was an ideal location for such a
recreation complex, as many people walked to the park, and that
helped to eliminate a parking problem.
Mr. Rice presented each Councilman with a sketch of the
architect's plans, showing the proposed location of a senior
recreation building and shuffleboard courts, and size of same,
which, in his opinion, would leave more free space in the park than
exists with the present location of the courts and clubhouse.
Mr. Rice commented on the arrangement of the building, and
mentioned a 16 foot overhang on each side of the building, which
overhang is intended for protection of a portion of both the
bowling ~reen and the shuffleboard courts and would eliminate the
need for some of the awnings. Mr o Rice said that the large room of
the proposed building would have a 14 foot ceiling, and plans call
for air-conditioning and heating the building, and the type of
truss used would be locally made, and there would be ample space
above for heating and cooling ducts. Mr. Rice said that the
building they have in mind would be about 40 by 90 feet with 16
foot overhangs, air-conditioned and cooled, with proper washroom
facilities and kitchen equipment, and that Architect K. Jacobson
had arrived at a figure of ~45,000.00 for the building. In addi-
tion to that, sixteen shuffleboard courts could be built for some-
thing less than 'i~10,000.00; further, that there would be some
salvage that could be transferred to a new facility, such as
floodlights, iron framework or pipe that could be used to support
a fence or railings, also a new 14 foot frost-free refrigerator
and cabinets. Mr. Rice said that possibly 'i~5,000.00 could be used
for refinements such as furniture, some carpeting, special kitchen
equipment, unusual lighting, etc.
Col. Lawrence V. Everett of the Senior Citizens Club said this
was the first chance he has had to look at the plan of the building,
as he had not attended the last few meetings of the Committee, and
there were things about the sketch of the building that would not
be satisfactory to their group as much of their time was spent in
card games and others coming and going would interrupt same; further,
the noise from children playing in the park during the summertime
would interrupt the games.
Col. Everett said their group had been happy with their use of
the Community Center, but have outgrown same.
Mayor Avery said this was only a sketch of what was desired,
and the final plan would have to be compatible to all three groups,
with the groups deciding what areas would be satisfactory for their
use.
Mr. Ganson of the Bowling on the Green said their area was
very satisfactory, but they did need shelter at times and locker
and rest rooms, and felt that such a senior recreation building
would be an asset to the City.
Mr. Saunders said he was interested in the question that had
been asked as to whether other groups could use this building at
times.
Mr. Rice said that in the past when the Shuffleboard group had
been approached about the use of their building at times, they had
been cooperative, but they would like to have this building, if
possible, restrained or made specifically for recreational use.
Mayor Avery said if public funds were used for said building,
and there was a need for an area of the building and a request made
to use it, the building would have to be made available so long as
it was not incompatible with the original purpose of the building.
Mr. Croft asked on what type of building construction the
~i~45,000.00 estimate was based.
Hr. Rice said it would be of concrete construction, amd the
estimate of ~45,000.00 was made by the architect.
~-1~-~5
It was pointed out that piling for the building and courts
was anticipated.
Mrs. Plume, Secretary of the Beautification Committee, asked
if the parking problem had been considered, and Mr. Rice said that
had not been given much consideration as the three groups usually
did not meet at the same time.
~. Buddy Merritt of the Beautification, also the Traffic and
Parking Co~ittee, said he felt that parking was a very in~ortant
factor and should be considered.
It was pointe~ out that a contract had been let for a seawall
and walk on the east side of the park, and the park would gain about
35 feet in width from that construction.
Mrs. Margaret Bowen, Chairman of the Beautification Committee,
talked about beautification of the park, and also said if the
paddle wheel boat was docked at the park, there would need to be
an area set aside for parking for that purpose. Further, that with
the change in location of the facilities, there would be some cost
involved in landscaping.
Mayor Avery said there would have to be some thought given to
removing the old shuffleboard facilities.
Mayor Avery said there would soon be a meeting of the Council
with the Fiscal Agents, and that it was not anticipated that the
building of such a building as a capital improvement project would
affect the tax millage.
Mrs. Bowen asked if there would be any change in the City park
before Mr. George Simons, Jr. had an opportunity to study same, as
she felt his study may be of some value.
Mayor Avery said ~r. Simons would be consulted on this item,
and that he had indicated informally that the need exists.
Mr. Rice stated that Mr. Simons had been in the architect's
office at a ti~e this project was bing discussed and had said he di~
favor it, but he did not feel Delray Beach was going far enough with
their plans.
Mayor Avery thanked Mr. Rice for the information and sketch that
he had presented the Council, and said that it would be taken under
advisement, and that within a couple of weeks, the Council may have
concrete answers on this and other items; that the Committee shall
continue to exist, but will wait for further instructions from the
Council.
Mr. Jurney asked if the ~500.00 alloted for preliminary plans
had been spent, and Mr. Rice said that he did not think it had all
been used. Further, that Mr. Jacobson had applied all known rules
of thun~ in arriving at the ~4~,000.00 cost of the building, but he
supposed that bids would be the final answer. Mr. Rice said he had
some experience with the cost of shuffleboard courts, and that Boca
Raton had bids of ~2~.00 per court, but he believed Delray Beach
could save some there as they have benches, lights, etc.
Col. Everett said that at the beginning of study on this recre-
ation complex, the architects had given a ~10.00 per square foot
estimate for that type of building. It was stated that it would run
$11.O0 per square foot with air-conditioning.
Mr. Rice thanked the Council for their time and consideration
concerning this Senior Recreation Complex.
The meeting adjourned at ll:0~ A.M.
'. -3- 4-16-65
llS-A
PROPERTIES IN VIOIATION OF ORDINANCE NO. G-lk7 AND SECTIONS 15-3 & 15-4 OF THE CITY CODE
PROPERTY CITY
OW~E~ A~DaESS p,~spa~p~ COpE
1.W. Forrest Zill 905 N. E. 6th Ave. Lots 15.& 16, Block 15-3
Delray Beach, Fla. 3, Sophia Prey &
15-~
2.H. Lee & Bethal 1330 E. Walnut Lots 17 & 18, Block 15-3
A. Hoover Springfield, Mo. 3, Sophia Prey &
15-4
3.Mrs. Annie Smith 5314 Colonial Dr. That part of lot 4 15-3
Goodale Columbia, S.C. lying East of Center &
line of N.E. 7th Ave.15-4
if extended North
and West of the N'I]
ext. of the West R/W
line of N.E. 8th Ave.
Bec. 9-46-~3
4.A.A. Simon Essa P.O. BOx 35 Lot 4, Block A, 15-3
Delray Beach, Fla. Westside Heights
5.Glenna Clark Crafts 3170-Silver Lake - West 170 ft. of E. 15-3
Blvd. 210 ft. M/L of S.
Cuyahoga Falls, Ohio 135.2 ft. of N 1090.2
ft. M/L of S.E.¼ of
Sec. 9-~6-43
(Lot 10, Southways)
6.Brett R. Russell 517A West Hutchinson Nh of Lots 7 & 8, 15-4
Street Block 5, 0sceola
San Marcos, Texas Park
7.Kathleen T.C. P. 0. Box 3944 Lot 9, Block 5, 15-4
Boyce, Et al Lantana, Florida 0sceola Park
8.Peter B. Mold 906 Denery Lane Lots 20 & 21, Block 15-3
Delray Beach, Fla. 4, Totterdale Addi- &
tion 15-4
9.George C. & 911 S.E. 4th Ave. Lot 2 less parcel 15-3
Josephine E. Taylor Delray Beach, Fla. in the Northeast &
corner, Block 5, 15-4
Rio Del Rey Shores
Violations 15-3 & 15-4 as concerns this report
are as follows:
1. 15-3 - Broken limbs, Trash-a Debris
15-4 High weeds and undergrowth
2. 15-3 - Broken limbs & Storm damaged trees
15-4 Weeds and undergrowth
3. 15-3 - Broken limbs & Damaged trees
15-4 - Weeds and underbrush
4. 15-3 - 01d garden trash, building trash and tin cans
5. 15-3 - Storm damaged trees on West property line
6. 15-4 - Undergrowth along North property line
7. 15-4 - Undergrowth on North property ~lne
8. 15-3 - Broken limbs and dead Palm fronds
15-4 - Weeds and undergrowth
9. 15-3 - Loose trash
15-4 - Weeds
Submitted to the City Council by the City Manager
on this the 12th day of April, 1965.
~8 -B
ORDINANCE NO . 4-65
AN ORDINANC~ OF THE CITY OF DELRA¥ 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 VEHICLES, BUSSES, TRUCKS, BOATS,
BOAT T~AILERS, HORSE VANS, AND INDUSTRIAL EQUIPMENT
WITHIN THE RESIDENTIAL DISTRICTS OF THE CITY OF
DELRAY BEACH.
WHEREAS, the City Council of the City of Delray Beach,
Florida, after due consideration, believes that the best interests
of the City of Delray Beach~ Florida, shall be served by regulating
the parking, storing or keeping of certain commercial vehicles,
busses, trucks, boats, boat trailers, horse vans, and industrial
equipment withi~ the residential districts of the City of Delray
Beach, and
WHEREAS, the said regulations have been referred to the
Planning and Zoning Board for study and recommendation, and
W~EREAS, the Planning and Zoning Board, after investiga-
tion, has recommended that the regulations be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA:
~ECTION 1. ~hat the Code of Ordinances of the City of
Delray Beach, F$orida, be amended by adding a section which shall
read as follows:
Section 29-17o Parking regulations in residential
districts.
The following regulations shall apply to all resi-
dential districts as defined on "Zoning Map of
Delray Beach, Florida, 1960"~
(a) DEFINITIONS
(1} The term "commercial vehicle" shall mean
every vehicle designed, used or maintained primarily
for the transportation of property.
(2} The term "boat trailer" shall mean a trail-
er which is used for or is aesigned for use in carry-
ing boats.
(3) Th~ term "industrial equipment" shall mean
farm tractors .... implements, bulldozers, drag lines,
cranes, derricks, heavy earthmoving equipment normally
used in farming, excavation and/or heavy construction
activities.
(4) The term "horse van" shall mean a trailer
which is used for or is designed for use in carrying
horses.
(b) Motor Vehicles Prohibited or Restricted in Resi-
dential Districts.
118-~
Page 2. Ordinance No. 4-65
(1) It shall be unlawfu! for any 9wner, agent,
operator or persons in charge of any truck or other
commercial vehicle, boat, boat trailer, or horse van
to park, stop, store or keep same on any public street,
avenue, alley .or other thoroughfare or any right-of-
way therewith within any residential district in the
City of Delray Beach for a period exceeding one (1)
hour in any twenty-four (24) hour period, each such
period commencing at the time of first stopping or
Parking unless a permit is first obtained from the
Police Department of the City.
(2) It shall be unlawful for any owner or lessee
of real property in any residential district in the
City of Delray Beach to park on, cause to be parked
on, or allow to be parked on his, i. ts or their resi-
dential property any truck, horse van, or other com-
mercial vehicle of greater than 3/4 ton capacity for
a period exceeding one (1) hour in any twenty-four
(24) hour period unless same is in an enclosed garage.
Each such period shall commence at the time of first
Spopp~ng. or_parking unless a permit is first obtained
from ~th~ Police DePartment of the City, and as may be
otherwise provided in this Ordinance. This restric-
tion shall.also apply to_the ow~er,.~gent~, operator
or person in charge of any such vehicl~in the event
said. person is not the owner .or ..lessee of said. real
property. Also.'the parking of. boats and boat .trailers
on residential property, shall .be unlawful unless, same
is in accordance with_Section (d) (2} herein.
(C) Delivery .and construction vehicles; emergency
repairs.
(!).. The.restriction of Section (b) ~hall not
apply to the temporary parking of such vehicles on
private Property in residential districts whereon
construction ~is under way, for which, a current and
valid building permit has. been issued by the. city of
Delray Beach, and said permit is properly displayed
on the premises.
"~ i2) The lrestrictions ..... :'of Section (b) of~ one (1)
hour in residential ~districts shall ~0t~ apply to
routine, deliveries .b~' ~tradesmen, or the use. of. tr~cks
in making service calls Providing that such time. in
excess, or'One (1) hour.is actually in the Course of
business de!iver~es or~ servicipg,, as the case may..be.
(3) ' of s an not
apply to a sitvation where such vehicle, bec. 0mes dis-
ab;led, and, 'i aS'a,result', of sV~h., emergency;' ..~s. required
tO be parked'within a residential'diStrict for lOnger
than one (1)',hOur. However, any such.vehicle' shall be
removed' fr°m. the residential district withi~ twenty-
four · (24) hours by wrecker towing if necessary, re-
gardless of the nature of the emergency.
(d) Permissive Parking
(1) A panel, p%ck-~up, or similar type of truck
or commerciai~vehi~le .of not over 3/4 ton rated capa-
city may be.parked on a' plot in a residential.district.
l~8-D
Page 3. Ordinance No. 4-65
However, such vehicle must be ~sed by a resident of
the premises and no more than one such truck to each
plot.
(2) A boat, or boat trailer designed to carry
a boat, with or without a boat thereon, may be parked
on private property .in residential districts provided
it is owned by a resident of the premises. However,
if such boat or trailer is parked in any front yard
in said districts, it must not exceed twenty-three (23)
feet 'in overall length and must be in a state of good
repair and be maintained in a neat and orderly condi-
tion o
(e) Industrial equipment prohibited or restricted in
residentia i di stricts.
(1) It shall be unlawful.for any owner, agent,
operator or person in charge of any industrial equip-
ment to park, stop, store or keep such equipment on
any public street, avenue, alley, or other thorough-
fare, or any right-of-way therewith, within any resi-
dential district in' the City of Delray Beach any time
unless moving directly to or from or actually located
at any excavation or construction site whereon con-
struction, clearing, removal of debris or other build-
ing and/or excavation activities are either currently
under way or will commence within the next twenty-four
(24) hours and for which a current and valid permit has
been issued by the City of Delray Beach and said permit
is properly displayed on the premises. Industrial equip-
ment' used in lot clearing, tree trimming or removal,
lawn care and related services are also included herein
although asp. ecific building permit may not be required
and nothing in this Ordinance is intended to require a
building permit where none is otherwise required.
(2) It shall be unlawful for any owner of property
in any residential district in. the city of Delray Beach
to park on, cause to- be parked on, or allow to be parked
on his, its or their residential property any industrial
equipment, as previously defined in this Ordinance, at
any time unless such industrial equipment is used on
property whereon construction, clearing, removal of de-
bris and/or other similar activities are currently under
,~ay or wi1! commence within the next twenty-fo~.~: (24)
~ours and for which a current and valid permit has been
issued by the City of Delray Beach and said rermit i~
properly displayed on the premises.
Heavy equipment used in lot clearing, tree tTimming
or removal, lawn care and related services are a~so in-
cluded herein although a specific building permit may
not be required and nothing in this Ordinance is intended
to require a building permit where ~one is otherwise re-
quired. However, mowers, clippers, edgers, drills, saws,
sanders and other normal tools and ~mplements of home,
lawn and~ garden m&intenance and repair, whether motorized
or not, are not C0nsidere~ to be industrial equipment.
(3} Exempt from the foregoing provisions are items
of industrial equipment in actual, use or moving directly
to or from the location of actual use~
llS-E
Page 4. Ordinance No. 4-65
(A} owned or leased by the City of Delray
Beach for the accomplishment of a municipal purpose
such as tree trimming, road repair or construction,
water or sewerage system repair or construction,
maintenance of street and traffic lights and/or simi-
lar activities.
(B) Owned or leased by a contractor or sub-
contractor under agreement with the City to accomplish
a municipal purpose as provided above.
(C) Owned or leased by a recognized public
utility operating within the City of Delray Beach, or
by a contractor or sub-contractor under agreement with
such public utility for the accomplishment of some in-
stallation, maintenance, adjustment, and/or repair to
such public utility.
(f) Nothing contained in Section (b) of this Ordinance
permitting the parking of one (1) truck type vehicle,
3/4 ton rated capacity or less on a plot in a residen-
tial district shall be considered permission to engage
'ih a'n"Y"~ype of con%mercial activity from any location
within a residential district unless otherwise permitted
in this Chapter.
his dUly 'authOrized designee ma~ issue, upon~proper ap-
plication therefor.by the Ow~.~er or ~is a~th0rized re-
presentative to 'the pOiice Depa'rtmeht, a '~'~rmit e~tending
the parking time limits set forth in Section (b) of this
Ordinance up to, but not exceedir~g ~wenty-four (24). hours
upon establishing that.` ~.uch .permit %s requeSted in .good
faith, for~ a .reasonable cause~ .shown.. or demonstrated to
the Chief of Police or ~his~ desi'gnee and not for the pur-
pose of avoiding the intent~or~.objectives of this Ordi-
nance.
i's o' dina ce , is'p.rimaril .. 0r"%he Purpo% pro-
t~cting residential zoning. 'Theref°re,'..a~y ordinahces
.of this city. or laws of this State providing for the
regulation of motor vehicles are in addition to this
Ordinance and wherever any oroMision of some other Ordi-
nance or aP..olicable statute, whether primaril¥ for .the
regulation of motor Vehicles or. for purposes of zoning,
imposes more stri~.g6nt:.req~krements, regulations, .restric-
tions or. limitations thgn are imposed or re~ui~-ed.by the
p~o~'lsion's Of. kh~s L °r~'inance, then:.. the: more' Str%hgent re-
quirements, regulations, r. estrictions or limitations shall
apply
(i) The. non-conforming use l~rovisions of:this chapter
shall not apply to these sections.~ ' '
(j) This section shall, not. be. construedl as aUthorizing
trucks to utilize any~ street.or other_public, thorough-
fare 'o_f the City o...ver ~hich. ~u~c.h v~hicu, lar.~ traffic -is
now or hereaft, er pr°hi'ired b~] ordinan~'& _or. lawful order
'.of the~ P0'lice, .DgpartmeRt? ....
.(~) . Any.!0erson~ firm or corporation v$.01ating, any of
the. provisions of el'that this section or Section 29-15,
llS-F
Page 5. Ordinance No. 4-65
upon oonviction thereof, shall be punished as provided
in Section 1-6 of this Code.
SECTION.~. If any section, sub-section, sentence, clause,
phrase or portion of this Ordinance is held invalid or unconstitu-
tional by any Court of competent jurisdiction, such portion shall
be deemed ~ separate, distinct and independent provision~ such
holding shall not affect the validity of the remaining portions
hereof.
Passed in regular session on the second and final re~ding
the 12th day of April, 1965.
Mayor
~TTEST~
PirsC reading February 22, 19.65'
Se=ond reading A~il 120 1965
· ~DLUTION NO,
A I~ESOLX~ION OF THE CIT~ COUNCIL.OF T~'~ OF D~Y
B~OH, ~LORI~, AS~SING C~TS .'~R A~T. ING~ ~NC~
~ CERTAIN ~S ~CAT~ ~ S~ CI~ SETTING
O~ ~CTUAL O~ INC~ BY S~ CI~ 'TO ACCO~LISH
T~ CI~ ~GE~ 0P DE~Y ~CH, F~IDA.
~, .the OXt~ 0o~c~1 of the Clt~ of ~l~aX B~oh~ d~d~
regular ~/~//////// session held on ~e 28th or DecaYer, 1964
~tted ~o themm rom v~olat&on of ~ pmov~s~o~s of OmO~n~o$
~S, pursuit to such ~eol~etlon, ~e 01~ .Clerk of sa~d
Ci~ did f~sh each of ~e ~eepeotive ~e~m of the lands
tn meld l~st w!th m not~oe deso~ibtnB ~e nat~e of ~e nu~m~e
~t the~ ~st aba~e sa~d nuts~oe wt~ ~h~t~ (30) da~s, Fat~in~
tn ~ioh the Oit~ Oo~cil would have ~t done, ~d the cost thereof
would be levied am an assessment mEa~st sm~d p~ope~t~ end
~S, the =~e~s he~e~te~ n~d did fall ~d neBleot to
abate the ~imanoe e~sttn~ upon ~e~ resp~tlve ~ds wtth~ the
De~a~ Beach was requi~ed to and d~d ente~ ~on the followtn~
a~ incur costs in a~tln~ the nuXs~ce exXstln~ thereon as des~ibed
in'the ~omesa~d l~st~ ~d
suant to said 0~dXne~e:'G-'~]~7 ~d t~ CXt~ Chutes sub~tted to the
as ~o~ese~d~ sa~d ~epo~t XndXoatX~ ~e costs pe~ p~cel of land
involved,
NOW, T~O~ ~ IT ~0L~ ~ THE CI~ C0~CIL OF T~ CI~
0F DE~Y ~CH~ F~B~A~ AS
1. That assess~nts ~ t~ individual ~oun~ es sh~
~epo~t of the CXt~ ~a~em of ~e CXt~ ~ Delsey B~ch, XnvolvX~
CXt~s cost of abatXn~ ~e ~esa~d nu~s~es upon the lets o~
eels of l~d deac~ibed ~ said ~epo~t, a copy of ~l~ Xa attached
hemeto ~d ~de a p~t he. eof, ~e lev~ed a~a~st the p~celS ~ lend
desc~lbe~ on Sa~d ~epomt ~d in ~e ~o~ta ~nd~cated thereon. Sa~d
assessments so levied shall be a l~en ~on ~e ~epect~e
lots an5 panels of ~nd ~escm~bed ~n said ~epomt, of ~e s~e
nature and to the a~ ~tent ee the lien fo~ 6enema1 c~t~ taxes and
shall be collect~ble ~n the s~ m~e~ ~d w~th the s~ penalt~e~
~d ~de~ ~e s~e p~s~ons as tO sale ~d f~ecloa~e as c~t~ taxes
~e collect~ble.
2. ~at ~e C~ Clerk.of ea~d C~ shall, as soon as possible
~tem. ~e effective date, raced a certified copy of th~s resolution
~n the office of the C~rk of the Ci~uit Oo~t ~n and fo~ Pa~ Beach
Cowry. Flom~da, ~d shall f~sh to each of the o~e~s n~ed in ~d
upon said ~epomt a no.ce that the Cl~ ~cil of the C~ o~ De~
Beach~ d~d~ on the 28th of December. 1964
orde~ ~e abatem~t- of 'a Ce~t'a~'~u~S~ce~ e~' ~ the'~~ de~c~Ib~d
p~ope~%~ ~d p~Ope~t~ 0~ ~vX~ fe~d te aba~o such ~uis~ce,
W~th~n ~e 30 da~ pe~Od~ w~eupon.. ~ was'abated b~ ~e C~t~ at costs
Sho~ ~n said ~epo~t and such asseas~ats sh~11 ~ less1, valid
b~nd~s obl~sat~ons ~on ~e p~Op~mt~ a6a~s~ W~Oh ~a~d
a~e lev~ed. Th~s ~esolut~on shall become effective 30 da~s fm~ the
data of ~opt~on, ~nd the essess~nts oont~ned h~e~n shall
due ~d payable ~mt~ da~s ~te~ ~e ~l~ns date of t~e n~tioe
said assess~nt~ ~te~ ~ch ~tePes~ shall aoo~e at the ~ate
regular 8 ~2th
PA~ A~ D0~ ~ -~ .... ecs l~ on the .... d~ of
Apl,il
/s/ AL. C. A~RY
iis-H
COST OF ABATING NUISANCE UNDER ORDINANCE NO. G-147.
December 28tb~ 1964 list.
PROPERT~DE$CRIPTI~ON OWNER ASSESSMESIT
Lot 30 & East 35 feet of Lot
31, Delray Beach Esplanade. J.W. & Adele Richardson $ 50.00
Lots 1 & 2, Block 1,
Ida Lake Terrace Ernest C.~ Elora C. Styber9 $105.00
AGREEMENT
THIS AGREEMENT between the BOARD OF PUBLIC INSTRUC-
TION QF PALM BEACH COUNTY, FLORIDA, hereinafter referred to as
the Board, and the CITY OF DELRAY BEACH, Palm Beach County,
Florida, a municipal corporation of the State of Florida, here-
inafter referred to as the City,
WITNESSETH:
In consideration of the terms, provisions and condi-
tions hereinafter contained, it is mutually agreed between the
Board.and the City as follows:
1. The City shall provide all labor, services and
materials to be utilized in connection with the installation
of a twenty-four inch corrugated metal storm sewer and headwall,
as shown on the drawing prepared by the City Engineer, bearing
date of March ~d , 1965, and designated as Drawing Number 65-5 ,
a copy of which is attached to this Agreement and by reference
made a part hereof.
2. The City shall complete the installation of said
storm drain within sixty days from the date of the signing of
this Agreement by both parties.
3. The storm sewer and headwall shall be constructed
on City right-of-way and shall be the property of the City and
any maintenance required to said installation shall be performed
by the City at the City's expense.
4. Upon notification to the Board by the City that
said storm sewer and headwall have been installed as herein pro-
vided, the Board shall, within thirty days ~hereafter, pay to
the City one-half the total cost of the materials used; provided,
however, the total cost to the Board shall not exceed $2,400.00.
This Agreement shall not be assignable except upon written con-
sent of the city.
IN WITNESS wHEREOF, the Board of Public Instruction
of Palm Beach County has caused this instrument to be executed
by its Chairman and attested by its County Superintendent, and
the City of Delray Beach, Palm Beach County, Florida, has
caused this instrument to be executed by its Mayor and attested
by its City Clerk on the respective dates as indicated below.
Signed on behalf of the Board the
//'J ' ' OF PALM BEACH COUNTY, FLORIDA
~oun-ty Superintendent ~ Chairman
(SEkL)
Signed by the City on the ay of~ £~.~/.~ .,
1965.
CITY OF DELRAY BEACH, FLORIDA,
& Municipal Corporation
ATTEST:
(M~ICIPAL
-2-
l18-K
Florida East Coast Railway Company
St. Augustine, Florida,
April 5, 1965.
File: 3t7~3-1
DELP&Y BEACH: City Of Delray Beach - Space for Beautificat50n'CityCity Hall,cf Delray Beach,
Delray Beach, Florida.
Gentlemen:
Florida East Coast Railway Company does hereby agree to permit the City of Delray
Beach, Florida, to beautify the property described as follows:
That portion of the normal operating right of way of the Florida
East Coast Railway Company within the City Limits of Delray Beach,
except that portion occupied by the main line tracks and secondary
tracks and the area within fifteen (15') feet of ceuterline of
said tracks.
This Permit to Beautify is for the term of one (t) month from date hereof. If said
City holds over and remains in possession of said property after the expiration of
the term specified above, this Permit shall be considered as renewed for one (1)
month, subject to the same terms and conditions herein contained, unless five (5)
days prior written notice of intention to terminate this Permit has been or is given
hy Railway to the City. PROVIDED, HOWEVER, Railway may, in its option, cancel this
Permit for any default or breach of City hereunder immediately and without notice to
City of the termination of this Permit to Beautify.
city shall use said right of way property of Railway only for the purpose of beauti-
fication, without fences~ structures, buildings, or encroachments of any kind being
placed upon said property. This Permit is granted with the understanding that City
recognizes the ownership of said property by Railway, and that City has no intention
of setting up any claim of ownership to it. '
City agrees that no plants, shrubbery or other vegetation that would obstruct the view,
or interfere with the operation of trains, will be placed upon the above described
property; and the height of said plants, shrubbery or other vegetation shall not at
any time exceed two (2') feet. Also, no plants, shrubbery or other vegetation of a
hazardous nature that might produce injury to any person coming in contact with said
plants, shrubbery, or other vegetation will be placed upon said property of Railway
by City.
City agrees to indemnify, save, and hold harmless Railway from and against all loss~
claims, costs, charges, expense, suits, damages, and Judgments which it may suffer,
sustain, or in any wise be subjected to, or for which it may be held liable on account
of death, personal injuries, damage or loss to any person or persons, including