05-24-65 159
· MAY 24, 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, Acting City Manager R. Do Worthing, 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 Dr. D. Douglas Scrivner.
1.ao The Pledge of Allegiance to the Flag of the United States of
America was given.
2. Mr. Croft moved that the minutes of the special meeting of
May 14th be approved and the minutes of the regular meeting of May
10th be approved as amended, the motion being seconded by Mr.
Talbot and unanimously carried.
3. Attorney John Moore asked that Agenda Item 7.e. concerning
abandonment of a portion of Casuarina Road in exchange for certain
yacht basin lands, be postponed until an appropriate workshop meet-
ing could be held with the Council and people interested in this
matter, as well as the contiguous property owners being notified.
It was so moved by Mr. Saunders, seconded by Mr. Talbot .. and unani-
mously carried.
Mayor Avery directed'the 'City Manager to schedule a workshop
meeting for this item, to which the public,., the .press and all
interested Parties are invited.
3-' _Mr..C.W.' Rice, Chairman of a Committee to study '~"' ~'crea-
tiOnal complex in the City Park, reqUested' a 'workshop meeting with
the City' Council, and reminded '~h® C°uncil 2hat said 'Committee had
been appointed on February 8th, .1965, to explore ,.and .recommend con-
Cerning sai~' recreational complex. Mr. Rice said that 'since the'
committee had met with the Council in April, they had .been working
· On costs and Plans that the entire committee is haPPy Wit
asked that said workshop meeting be scheduled this week, if possible,
,.in order that figures and plans may be presented to Council with. a
request for permission to finalize said plans.
Mr. Jurney moved that the request for said workshop, meeting
b~ -granted, the motion being seconded byMr. Saundera and unanimously
carried.
Mayor Avery directed the City Manager to schedule said work-
shop meeting at the ear~'iest possible time.
3. Mr. Carl Rhodes, President of the Delray Beach ~Jaycees, ~-
formed the Council that the Jaycees and Civitan Club are having a
Shetland pony polo match on June 6th, 1965, at the Se. acres~ 'H~h
School practice field! further, the City Manager had given them
permission to advertise this by displaying one of the ponies ~down-
town in a trailer, but they desire Council permission to have said"
pony in the street and they would provide constant cleanup.
Mayor Avery asked the City Attorney if there was any reason
the Council could not grant the request of displaying .the, pony in.._
the streets, with shovel, and City Attorney Adams said that he saw
no r, eason. It was so moved by Mr. Talbot, seconded by Mr,. Jurney
and unanimously carried..
3. Mr. Frank F. Ellis, 553 Jaeger· Drive,. Tropic' palms Sub~
division, a&ked the Status of .the s%reet repair considerat~n in that
Subd/vieion.
. . ~Ct, ty ~t~orney Adams said he is in the process of
'~o,P-~i~ive 3Ceport on. all of tl~e street, in tha~ subdivision '~:~t
ha~e"bee'n'oPe~d'. and plans' 'to Present saAd ~epor~ at the next
.r,eqular .Council m~et!ng,
5-24-65
16'0
City Manager Worthing reported that Heron Drive, approximately
1400 lineal feet; Ibis Drive, 300 lineal feet; Jaeger Drive, 1200
lineal feet; and Curlew Road, 1200 lineal feet, totaling 4,100 feet
or 10,022 square yards, which at approx~u~ately .35¢per square yard,
gives an ~stimated cost of $4,510.00 for resurfacing of said streets;
further, that he would recommend Council authorize thiawork to be
done and upon completion, a suit be entered against the developer of
the Subdivision for the established correct amount of cost.
City Attorney Adams said he is not in a position at this time
to comment on the merits of a suit, as he is not sure whether these
streets were put in according to City specifications, and if they
were put in according to City specifications, it would be a City
maintenance item.
City ~ngtneer Fleming informed the Council that the streets
in said subdivision had never been completed according to City
specifications, that the top course had never been put on them.
City Attorney Adams was asked to present his report on the
streets of Tropic Palms Subdivision at the next Council meeting, and
Mr. Ellis was informed that he could meet with the City Attorney and
look over what files the City Attorney had on the matter.
4. Mr.: Croft read the Beautification Committee meeting minutes
of May 20th, 1965, on which there was no discussion or action.
4.a. A roll call showed the following Civic Organizations and
representatives to be in attendance~
Breezy Ridge Estates. Mr. John Sword
Business & Professional Women's
Club - Mrs. Clarence Bingham
V. F.W. Mr. Clarence Bingham
Delray Beach Jaycees Mr. Carl Rhodes
Kiwanis Club Mr.. Ben Adams
Shuffleboard Club Mr. C. W. Rice
Beach Taxpayers League Col. D. G. Campbell
Senior Citizens Club Col. Lawrence Everett
Delray Beach Board of Realtors Mr. Robert Gracey
Chamber of Commerce Mr. Ken Ellingsworth
5. Mayor Avery expressed the pleasure of the Council at having
Mrs. Hallie. Yates, Assistant City Clerk, back at the Council meeting
after her absence at the last regular Council meeting due to the
death of her father-in-law, Mr. walter C. Yates of Herrin, Illinois.
5. City Manager Worthing read the following letter from Mr. and
Mrs. Walter Pearce, date~ May 23rd=
"On May 9, 1965 our son, James Pearce, was in a very
serious automobile accident on ~ederal Highway here in
Delray Beach. The car in which he wms riding turned
over several times and James was pinned under the.
engine. An emergency call was made to the Delray
Beach Fire Department and Rescue Squad and Officers
Clark and Cook responded immediately. By the use
of hydraulic jack8 they ejected our son from the
wreckage, and had him on his way to the hospital
within minutes after the crash.
We are writing this letter to you to express our very
deep gratitude, not only to Officers Clark and Cook,
but also to the entire Fire Department and Rescue
Squad, who risk their own lives daily in the per-
formance of their duty.
There are times when words seemvery inadequate, and
this is one of them. 'We cannot.praise these men enough.
161
"They knew their job well, and did it without hesitation.
It is indeed a credit to you, the members of this Council,
that this City has such capable men in its employ. May
we express our thanks to you all."
City Manager Worthing informed the Council that Mrs. Pearce
is the Cashier at the City Hall.
Mayor Avery asked the City Manager to see that all of the
individuals and departments involved are commended, through proper
channels.
5. City Manager Worthing read the following letter to Mayor Avery
from the Sun-Sentinel, dated May 19th:
"As you probably may have heard, the Sun-Sentinel is
sponsoring the first South Palm Beach County Shuffl®-
board Contest, which will be conducted in Delray Beach
on June 14, 15 and 16. We would like very much to
have you do us the honor of 'opening this tournament at
Delray's Shuffleboard Courts at 9:30 on the morning of
June 14.
Please let me know if this can be included in your
schedule for that date."
Mayor A~ery said he felt this was a credit to the Delray Beach
Shuffleb°~rd club to promote 'this. contest, a~d 'exPress-ed '-~p~rec~iation
to the .S~-Sentinel f~r~ ch°osing-Delray'B'~ach' aS ~e~ £eels .i~ is good
advertising. ·
~. "City Manager worthing read ~a "l~ter from Mrs,' ~.~ ~'.' Bllen£"
berg~r,'' d~tea May i8th,'.'informing the Council that o.n March 30, 1965,
.represen~ives"i~ p.u~l~c ~nd Private' agen,Cies' and" ~f '.'~[vi~ .an~
jv01un~eer groups or'jan[zed the Palm' BeaCh 'County commUnitY Action
'co~Cil~ and explaining the purpose of this Council. Further, that
as part. of the organizational plan of the Palm Beach. County Co~mu.nity
Action Council, a 'South Palm Beach CountY area meeting is to be held
on Thursday, May 2'~th, at 7:30 P.M., in the cafetorium of the Delra¥
Beach Junior High School on Seacrest Boulevard, adjo~ning Seacrest
High Schoo~ and that the .City. ~Udge, C.~ Attorne~y .and Recreation
Director, as well as' othe~ members of ~he' administrative ~S~ff, can
profit by learning' 'what: the program
Mayor 'AVery asked' City. Manager worthing, to noti~¥ all City
pereonne~ ir~dicate~' in' '~a~d~ letter w~'al r~q~est tha~'"i2 ~Ould be
aPPreci~ted if th~ wo~' attend' the 'm~et~ng,
5. Mayor Avery. read. a PROCLAMATION.proclaiming the month of JUNE
as NATIONAL' RECREATION MONTH, and urging all citizens Of Delray Beach
to participate during'Jun® in the many programs of recreatio~ offered
by the City of Delra~ Beach.
Mayor Avery said 'the City would celebrate as .t~ey.would' have
a full-time Recreation Director the ~irst of June.
5. Mayor Avery read a PROCLAMATION proclaiming May 23rd through
29th as REALTOR WEEK, and urging the Citizens of Delray Beach to join
with the Delray Beach RealtOrs in its observance.
5~a. Mr. Croft informed the Council that he had been contacted by
severs.1 citizens relative to what they consider an unsati'sfactory
con'it!on existing-at N. E. 2nd AvenUe and 8th street, and asked 'that
the'~ Cit.~ Maha-ge~ W]ith his Traffic and' safety Dire~tor]'/make ~a 'sUrvey
a=a deta'ii~d "S'tud~' 'bf' tha~ in~areecti~n/' in' an attemPt t°
a solution to correct .the condition that exists at .the p~esent time,
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Mayor Avery directed the City Manager to comply with Mr.
Croft~s suggestion and report to Council at the next meeting.
$.a. Mr. Saunders asked the-~ status of the proposed sidewalk con-
struction on North Swinton Avenue, as he felt the summertime, with
school not in session, would be the best time for sidewalk con-
struction.
City Manager Worthing said this item had been taken up with
the County, and the County Commission had referred same to Mr. George
Frost to work out details as to where to place the sidewalk on the
east side of Sw!nton Avenue! further, a reply to the City is antic-
i~ated, in the near future. Mr. Worthing said he believed said reply
would be received by the next Council meeting and that installation
of the sidewalk would be made possible by the County.
5.a. Mr. Talbot said that in March, 1964, there was a State Road
Board hearing which gave information relative to an Intracoastal
Waterway bridge to be constructed between Delray Beach and Boca
Raton. Mr. Talbot said he did not find any further information on
that item, and asked that the City Manager determine the present
status of said proposed bridge, it being so ordered by Mayor Avery.
5.a. Mr. Talbot commented as follows: "I would lik~ to ask the
City Manager the present status of the offshore soundings on that
part of the beach where the inshore soundings have already been
taken, and also if he has information on the additional cost on the
inshore and offshore soundings on the 1300 feet, which is Section II
of the Beach Erosion Program. After July, they are not going to be
able to get what we want unless we have unusual weather. I would
assume that the cost of this would be brought to the Council for
approval before letting, and I would like to know the status. If it
can be given :now, fine~ it not, I would like to have a report on it
as soon as possible in order to expedite going ahead with this work,
which is most important."
City Manager WOrthing reported that an order had been given
the Glace Engineering Corporation to proceed with their offshore
soundings as soon as weather permits, that being within the one mile
strip in Section 16-46-43, which is the Municipal Beach. Further,
the inshore borings have been provided and are 'reflected in their
report.
City Manager Worthi~g continued: "I was going to ask you
gentlemen later on this evening for consideration relative to ob-
taining inshore and offshore borings and sand samples within said
Section II, being the 1300 foot strip immediately north of our
Municipal Beach. This 1300 foot strip may be determined to be State
property and their desires concerning cross section survey and
soundings, as well as providing for their procurement and ordering
of same, might be under the State Road Department's jurisdiction.
Possibly, however, Council would desire to direct Glace Engineering
Corporation to provide for this work in conjunction with their off-
shore soundings on the Municipal Beach immediately south of this
1300 foot strip, or Council might desire that the Administration
obtain proposals from Glace Engineering COrporation for the inshore
and offshore soundings of that 1300 foot strip."
Mr. Talbot commented: "If the State Road Board comes in, and
from a discussion I had with certain parties at the Beach Erosion
Seminar in Miami today, they, in all prob~tlity, will take over
exactly what we have worked up. If we don~t get these inshore and
offshore soundings, and even if we dontt ~ them, the cost will be
so small and the delay will be so great that I don~t see why we don~t
get the cost so we will know what we can do on it." Mr. Talbot said
this information was needed in order that what is going to be done
by the City could be finalized not later than Ju~e first.
Mayor Avery said that if the data iS received and a special
Council meeting is desired, he would call said meeting at any time
desired.
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Mr. Talbot requested that the City Manager get said informa-
tion by phone because of the shortness of time, and it was so
directed by Mayor Avery.
5.a. Mr. Talbot asked if the City Park seawall contract had been
finalized. City Manager worthing informed the Council that the
contract had been-completely prepared and approved by the City
Attorney and signed by the proper officials of the Murphy Construction
Company. Further, the neoessaryperformance bond had been provided.
City Manager Worthing said that he believed the Council should,
at a later date, determine the number, if any, of galvanized ladders,
as well as mooring pile, to be installed, and possibly the repairs to
the matched. ~xisting wa1.1,' if'desiredr'~ur~her,.that a ~emorandum of
those.ite~s would'b'e~.furntshed e~c~.'Coun'cilman prior to th~-next "
council meeting.
5.a. Mr. Talbot said he understands the Resolution has been approved
by the County Co~ission pertaining to the State Road Board partic-
ipating in 50 percent of Section II of the Beach Erosion Program, and
asked if that had been finalized. City Manager Worthing said he had
received no evidence to that effect.
Mr. Talbot asked that this be investigated in order that the
Council may know where they stand..
5.a. Mr. Talbot asked about a report on a lighting sur~ey~, and if
.that had been finalized.
City. Manager ~orthing said in regard to the meeting h~ld on
April 9th with the Beach Taxpayers League, he would submit a verbal
.report at this time, ifdesired, or a written report later.
Mayor Avery asked that this' report be written'and sent.to the
Council immediately. ' ·
5.a. Mr. Talbot asked City Attorney Adams what. re&¢tioB he had
received following contact with the legislative delegation whe~.they
turned, the Bill down on the. Greater Delray Beach. Area-.
City Attorney Adams informed the CounCil ~that 'las~ Frida~ ~he
had sent a telegram to each of the' legislators, stronglyreqUesting
an explanation' from the delegation as t° why none Of the Biils 'frOm
Delray Beach had been introduced; further, that he had received no
reply to the 'telegrams, but the legislature is still in session.
5.a. Mayor AVery informed the Council that he had receiVed'cai.iS'
from several concerned parents who had attended the Delray Drive-In
Theatre, Where they had taken their children to see a 'family-type
movie, and during the evening,, without warning, a previewof an
obscene movie was shown..
Mayor Avery commented on a letter to the Editor that was
published ~n the Delray Beach News-Journal on May 20th, also an
editorial that same day, concerning the showing of .such pictures or
previews, and a letter, dated May 17th, 1965, from the'.Palm Be~ch
County CounciI of Parent-Teacher Associations~ further, .that he hoped
this woUld start a move on the part of the general public 20 do some-
thing about such an unsatisfactory, situation.
At the re.quest of.Mayor Avery,.City Manager Wor~in~read~the
letter to the Editor, also the editorial, and C'ity Attorney Adams read
the Iet~er from said Council of Parent-Teacher Associations.
Mayor Avery said he had asked the City Attorney to prepare a
resolution for Council consideration thatch® hoped.would provide the
momentum of leadership to all of the-citizens and organizations' of
this City and' that they would rise up in their opposition to .this
situation.
City Manager Wor~ing then read . RESOLUTION'. NO;'
-5-- 5~24-$5
A RESOLUTION OF TH~ CITY COUNCIL OF
THE CITY OF DELRAy BEACH, FLORIDA,
DIRECTED TO TH~ OWneRSHIP AND MANAGE-
MENT OF THE DELRAY DRIVE-IN THEATRE
WI~EREAS, it has been brought to the attention of the City
Council of the City of Delray Beach that a rather long and detailed
preview, of'a forthcoming "adult" movie was recently exhibited at
the Delray Drive-In Theatre along with the presentation of a
"family-type" movie~ and
~BREAS, the'City Council is cOgnizant that said theatre
is outside the corporate limits of the community and therefore
beyond the Jurisdiction of any legislative controls that this
Council might enact~ however,
WHEREAS, the ~ajority of the patrOns of this Theatre are
citizens of this City, many of whom are children, and
WHEREAS~, the City 'Council, whil~ not attempting to censor
or preclude the presentation of "adult" movies~ is particularly
desirous that children are not exposed to previews of coming
"a~ult" attractions ~
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DELRAY BEACH,
AS FOLLOWS =
The owners and management of the Delray Drive-In Theatre,
be, and the same are hereby urgently requested to cease and desist
from all such previews, or at Xeaet to exercise careful restraint
in their future'~'~elections of previews of "adult" movies to include
only those which can be tastefully exhibited along with "family-
type" movies.
PASSED and ADOPTED this day of May, 1965.
Resolution.~o° 15~6S wes unanimously passed and adopted on
this first and ft~al reading on motion by Mr. Jurney and seconded
by Mr. Saundere.
6.a. 'City Manager Worth~ng informed the Council that improvement
of grounds is needed for the betterment of the North Sector of Pine
Ridge Cemetery, necessitating installation of a sprinkler system with
an estimated total cost of $600.00, and that Council authorization is
requested to provide for such expenditure, that this portion of the
Cemetery may be ma~ comparable to a~l other port~ons~ of Delray Beach
cemeteries~ furt~,~ necessary funds are available from the Cemetery
Perpetual Care Fun~, transfer of which to the Capita! Xmprovements
Account is requested.
Mr. Saunters moved that the improvement and transfer of funds
be authorized, the motion being seconded by Mr. Jurney and unanimously
carried.
6.b. Concerning consideration to initiate a test well program, City
Manager Wor~hing informed Council as follows: "As a result of Con-
sulting Engineers Russell & Axon~s letter of May 4th, following their
review of City Engineer Mark Fleming~s memorandum commenting on
Russell & Axon~s water works report, authorization for initiating a
test well program, comprising four wells, in the area of the South
Well Field is recommended, the aPProximate cost of Such wells to be
$900.00 each. The necessary funds are available from the Water and
.S~.~ Contingency Account, and e~ect to your approval of
recommendation, authorization 'for '~ransfer therefrom to the Capital
Improvement Account is requested."~ It was so moved by Mr. Talbot,
seconded by Mr. Saunders and unanimously carried.
' . -6- 5-24-65
165
(Copy of Russell & Axon's May'4th letter, is-attached to the official
copy of these minutes.) (See Pages 172-A thru 172-C)
6.c. Regarding consideration for establishment of a setback line
along the Atlantic ocean shore, city Manager Worthing informed the
Council as follows: · "As recommended by Glace Engineering Corporation,
and in order that an ordinance may ultimately be preparea for Council
consideration, establishing an Atlantic Ocean shore setback line, as
is believed to be desired by Council and the Beach Erosion Committee,
authorization is requested to employ Glace Engineering Corporation to
furnish necessary engineering work in conjunction with aerial photo-
graphs, which the City shall provide for. Estimated cost for this
survey, which on the part of Glace Engineering Corporation will
clude a comprehensive, written legal document and map showing the
location of such setback lines, is $~1,250.00. Funds for such ex-
penditure are available in the Improvement Trust Fund."
Mr. Talbot said this was initiate~ through the Beach Erosion
Committee and Mr. Worthing had been requested to obtain such infor-
mation. Mr. Talbot then asked City Manager Worthing if the aerial
photographs would include the two and one-half miles of both private
and public beach, and the City Manager replied as follows: "I don~t
believe it is necessary to go to that expense. The area to be
covered would start at Casuarina Road at the south end of our Munici~
pal Beach and extend southward to our south City limits~ however, I
woul.d ..like to .take this Opportunity of saying that said ultimate
ordinance, that will be prepared. by the City Att°rn~y sho~l~" i~c~l~ide
the entire shoreline for obvious legal reasons, rather than a. ny given
;~:~ In answer to your question, I believe that an aerial_ pho~to-
from the south C!ty.M~ici~l Beach line.. ~ ~e ~0u~
limits is all that is required, and would .be provided bY the. city
t~rOUgh the" Obtaining of bids, and ! . .~oUid' ..estima~:e !~e ..cOat;
to be about .$300.00."
During disC~Ussion, .Mr. Talbot Sai~' he would like. for
aerial photograph to embrace the complete twO and one~h~lf, miles of
Public and .privat~ beach, and continued~ '~My~re. ason .for .suggesting
this is that I had the op~ort~ity of talking ~o Mr. B=annon o~f .the
~ s. '~rp, of Eng~nsers in .iami this ~rning ',nd he'.gave a. ~a'l~ on
State and Federal participation on beach erosion. I have' nothing of
interest to report' but. in my conversation .with him I did .find that
there 'are "at least two avenues of approach that might bear some re-
sults, but 'that doesn't mean prior to the program! that means after
the. ;program has been initiated, and the City might be reimburse~d to
a certain percentage. In view of that, I think there .is a 5~0T50
ohan_~e of some participation on this beach erosion program, and that
is the reason .I would like tO have aerial photographs.of the e~tire
beach so there can be a com~ariSon of the. before., and ..after on what-
ever area this .might come. about."
.Mr. TalbOt moved that on the estimated ,,Cost,'for the S.urVey foz
the setback lines on the..be~ch at $1,.25.'0.00, the. aerial survey.be
amended by obtaining the COst .for the entire beach area from Cit~
limits South to City limits North.
City Attorney Adam.s asked if the City Man&ger 'sh0uid obtain
a written proposal on the costs by the next meeting, ..and City
~Manager worthing informed the Council as follows: "I have.a prOposal
of that $1,250,00, and it Can only be a proposal, for it is a cost~
plus job, but doubtless will not exceed $950.00, by Glace Engineerin~
Corporation .to provide their survey south from the .Municipal Beach to
the south City limit, but I agree with you that it would be well to
have an aerial photograph ~f the entire ocean frontage i~ Delray
Beach, and i doubt iif t~at will add a .igreat deal. to' the balance of'
$300.00."
.'Mr', Talbot cha~ged par~.~ of his ~otiOn, that the City~ Manage=
be'auth~=,~ze~ to p=oceed with such an aerial survey Of '.~he. e~lti~e
~&ach fr0~.the.~' City limits to 'the ~°rth city li~i~s, .
-.7- 5-24-65
' 66
City Manager Worthing suggested that authorization be given
along the lines that Mr. Talbot moved, as he is doubtful that any
additional cost would exceed $300.00.
Mr. Saundera said ha would second the motion with a $300.00
limitation on the aerial photographs, to which Mr. Talbot agreed.
Mayor Avery explained: "It has been moved and seconded that
authorization be granted to Glace Engineering Corporation for aerial
photographs and necessary engineering work from the entire'City limit
to City limit,' the cost not to exceed the ~1,250.00. plus ~300.00."
Upon call of roll, the motion carried u~&nimously.
7.a. City Manager 'Worth4ng read letters from t~e Beach Taxpayers
League, Delray Beach Board of Realtors and Mr. Woe R. Kern, objecting
to the adoption of Ordinance No. 13-65 at the 1act Council meeting,
concerning off-street parking requirements in c-1 zoned districts.
Mr. Croft said he had been informed that the Planning/zoning
Board, together with Mr. George Simons, Jr., is giving immediate
study to the off-street parking requirements in all three commercial
zones, and that they have been requested to make recommendations con-
cerning same, and moved that these letters be referred to them for
their study and co. nsideration. The motion was seconded by Mr. Jurney
and, following discussion, carried unanimously.
7.b. City Manager worthing informed the Council of an offer re-
ceived to purchase a City-owned parcel of land containing approxi-
mately 1.1 acres, located on the southeast corner of S. W.. 8th Avenue
and 4th Street, and bounded on the west by a 20 acre City-owned tract
of land, 'and on the south by another City-owned parcel of land.
Further, that in compliance with Section 7 of the Charter, Council
may direct the City Clerk to proceed in accordance with said Section
7 of the Charter, or decline interest in said offer and direct that
the deposit be returne~.
Following discussion, Mr. Jurney moved that the City Manager
be directed to obtain an up-to-date appraisal on said 1.1 acre piece
of property. The motion died for the lack of a second.
Mr. Saunders moved that said offer to purchase said property
be declined, the motion being seconded by Mr. Talbot. Upon call of
roll, Mr. croft,
favor of the motion, and Mr. Jurney was Opposed.
X' Mr. Talbot said he had Just been informed that Ordinance No.
13-65, concerning off-street parking requirements in C'1 zoned dis-
tricts, would become effective 'on June 9th, unless action is taken
to rescind the passage on second reading. Further, he wondered if
such action should be taken until such~ time as the Planning Board
and Mr.. Simons can make thei~ recommendations concerning off-street
parking to the Counc£1.
Following discussion~ Mr. Talbot moved that the action taken
by the Council, passing said Ordinance No. 13-65 on second and final
reading, be rescinded.
Since Mr. Talbot did not vote for the passage of Ordinance No.
13-65 on second and final reading, he did not qualify to make a motion
to rescind such action.
Mr. Croft suggested waiting for the recommendations of the
Planning Board and Mr. Simons, and that no action be taken at this
time.
7.c. City Manager Worthing read the following letter of May 12th
from the Florida East Coast Railway Company:
"Letter to you earlier this week dealt with new crossing
through our station grounds which was one of several
subjects discussed a~ith you last week. Another matter
was the closing of the South Swinton AvenUe crossing.
Whereas, we did not have time to discuss details of the
-8- 5-24-65
-Lnq haza~ca -e~ ~o~ o
~ave ~8 ~n ~e aze_. ~t ~s to ._ ~ ~a?, P_ ~ill _
app~ -~oai~g o~ L.~ee~e~t i -- ~e
*o the ~ _ Ae no ~' ~. coVe~ I ~at ~t is ~ec°~en~e~
~o ~e ~e~ o~he~ ~
~o
~ope · ~. ~
~n~ ~: ~n C '
- ,..~t ~ove~ -"
..... · e~ ~'~v en
'catiOn'
~e ~e~°,. Z~ 6eva~°~
on behalf of himself and residents of N. E. let Avenue and 4th Street,
and reviewed some'of the past hearings and rezoning of said Block
73, and asked that before anymore privileges are granted to the
owners of this property, agreements should be reviewed and that
beautification of thispropertybe incorporated in agreements~
further, that some thought should be given to making safer parking
conditions at the POst Office.
It was pointed out that there had been plans for some land-
scaping north of the Post Office, and it had been determined there
was aneed for addit£onal parking in that area~ therefore, same was
paved a~imarked for parking purposes.
Col. D. G. Campbell asked if there had been anynotification or
plans for a. public hearing by the Council or Planning Board on the
development of said property, and reviewed some of the past agree-
ments and discussions that took place at the time of the rezoning of
the propertyand Post Office construction, Col. Campbell requested
that a public hearing be held by the P~a~ning Board on this item.
Following comments on his desir~tO see developments of this
kind in Delray Beach instead of stalling them, Mr. Jurney moved that
the request to relocate said alley be granted. Mr. Saunders seconded
the motion in order to bring the matter to a point of discussion.
Mr. William George'informed the Council that he believed they
should review prior Council minutes concerning agreements and develop-
ments of the property in Block 73, and should have the Planning Board
review them also.
Mr. Saunders asked the City Attorney if the CounciI has the
authority to change an alley. The City'Attorney said the Council did
have that authority, but reminded the Council that the City shared
in paving the present alley in Block 73, and any motion should
quire the property owner to put the new alley in at his own cost.
Mr. Jurney and Mr. Saunders accepted that condition to their motion
and second.
City Attorney Adams suggested that some time element be
tablished or a bond required to guarantee the' performance, and that
it should be subject to the Florida Power & Light Company's approval
in.order that no easements would be affected. Mr. Jurney added the
City AttorneyJs suggestions to his motion.
During discussion, Mr. Haggart commentedas follows~ "I am
prepared now, in supporting the request, to deed to the City the
West 16 feet of Block 73, south of that portion of the block that is
now leased to the Post OfficeDepartment, in return for which, ! am
asking that the present alley be abandoned. I w~ll then enter into
an agreement with the City to give permissive use on the present
alley for the ptlrpose of the use of the public in exiting, as it now
does, from the Post Office property, and in whatever time limit you
might specify, within a year or 18 months, if ~onstruction cannot be
completed due to any requirements of the City, then I certainly would
observe the fact and realize that it is incumbent upon me to conform
to any requirements of the City in this project that I have in mind,
and that I intend to do. If, within a year or 18 months, or whatever
time it takes to determine whether or not the building that I con-
template can be built in conformity with the requirements of the City,
if it cannot be built, then I would ask for the return of the West
16 feet of alley, which I have deeded, and will give back to the City
theland now occupied bythe present alley."
Mr. JUrney said he had considered a shorter Period of time,
possibly 6 months, for~ork to begin, and he would include that time
1/mit in his motion.'
Mr. Haggart explained hisproposed development"of Block 73,
and Mr. J. L. Patterson, representingMr. Haggart, said that time is
an important factor in order that theY would not be in the middle of
construction during the coming winter season.
Mr. Clarence Bingham said that he was interested in the
beautification of this area, but in examination of Councii minutes
and inquiries at other offices at the City Hall, he could find no
-10- 5-24-65
169
agreements or plans concerning the beautification of same, but that
he did not think the legal part of this shou~be delayed.
Mr. Sau~ders asked about approval for buildings to be located
in Block 73, and City Attorney. Adams -said the Building Official would
issue building permits, if all compliances were met concerning type'
of buildings and off-street parking requirements, .etc., and if those
conditions could not be met by the property owner, he could appeal'
to the Board of Adjustment for a deviation.
To clarify the motion, Mayor Avery commented, as follows: "A
motion has been made that the request be granted, -that the new loca-
tion of the alley be paved within a six months~ period at the cost
of the property owner, subject to the approval of the Florida Power
& Light Company regarding easements."
City Attorney Adams said the Council may want to insist that
the new alleyway on the west side of the block run the entire length
of the block, in the event the-.post office is discontinued some day~
further, that the presently existing deed is for-the East 16 feet of
Lots 1 thru 12, inclusive, Block 73.
Mr. Saunders said there are too manY discrepancies, and with-
drew his second to the motion.
Mr. James B. Wilson said he owns a business on Atlantic Avenue,
but would welcome any worthwhile development on 2nd Avenue, and asked
how the truck traffic would be conducted, over the proposed new alley-
way, and questioned if there was proper drainage for the area, and
if 2nd Avenue is of suff~c~en.t w~.dth... ~ .
referre~: t~' the' ~'lann~ng/Zo~g'' B;$~ ' =f~' :their ;.co~.n~a%ig
' 'Mr:' 'Tai~Ot:~Sked ~ be eXCused ~rom the' 'meeting because 'of
the lateness of the hOUr,
Mr.: Jurney moved that this request to relocate: the. ~iley, be
:gr~nted 'Wi-th ~he stSPUiation, ~ha't-it' Be~'ap~O~ea ~ .~he
the' ~reSentlY exiStin~ ~i.e..'y .be abandon&a 'at' su~ ~'te'" ~hat the 6rep_
.that the.-cost of p~vin~-'~/~e new,a'ile~ ~ b~r~e by the pr~per'i~
saun~rs was oppOse~. · ,city 'Manage~, WO~%hing informed the p're~s and
p~blic that, .they were, _welcome' to come i~to the city. Hall to. see a..
sketch of' the proPOsed' de~ei~Pment of'Block 73.~
Commerce, '~ated '~y 10th, '~';n~erni~g: ~e ~hamber ~ing far better
equiPped~ than City:: Hail ..to ' sCreen, a'nd': ~®V. aluate a~pl~cations for
c°mme~ed~, ~bt 'the ChamberL, s .Offer t6; Set ~up 'a' sp~cia1 ' ~ommi~tee" for
170
(Copy of Ordinance No. 18-65 is attached to the official copy of
these minutes.) (See page 172-F)
There being no ob~ection to Ordinance No. 18-65, said Ordi-
nance was unan/mously passed and adopted on this second and final
reading, on motion· by Mr. Croft and seconded by Mr. Saunders.
8.b. The City Manager presented ORDINANCE'NO. 20-65.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDZNG
ORDINANCE NO. G-436, EXTENDING C~RTAZN
TAX PRIVILF~ES CONFINED IN SUBSECTION
(3), SECTION 4 OF SAID ORIGINAL ORDI-
(Copy of Ordinance No. 20-65 is attached to the official copy of
these minutes.) (see Page 172-E)
There being no objection to Ordinance No. 20-65, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Saunders. and seconded by Mr. Jurney.
8.c. The City Manager presented ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, LEVYING ~ ASSESSMENTS AS SHOWN
BY THE ASSESSMENT ROLL SUBMITTED BY THE
CITY MANAGER OF SAID CITY, CONCERNING THE
OPENING, GRAOING AND PAVIN~ OF T~T PART
OF NORTHWEST SECOND AVENUE L%'~NG BETWEEN
LAKE TERRACE AND NORTHWEST SEVENTH STREET,
TO A WIDTH OF TWENTY-FOUR FEET, ~AID ASSESS-
MENT ROLL BEIN~ ATTACHED HERETO AND FOI~MING
A PART HEP-~.OF.
(Copy of Ordinance No- 21-65 and accompanying assessment roll are
attached to the official copy of these minutes.} (See Pages i?2-G & I?2-H)
There being no objection to Ordinance No. 21-65 and said
assessments, said Ordinance ~as unanimously passed and adopted on
second and final read/ng, money for same to-co~e frOm the s~euial
Assessment Fund, on motion by Mr. Croft and seconded by Mr. Saunders.
8.d. City Manager Worthing presented ORDINANCE NO. 22-65.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN
BY THE ASSESSMENT ROLL SUBMITTED BY THE
CITY MANAGER OF SAID CITY, CONCERNING THE
OPENING, GRADIN~ AND IMPROVING OF THAT
PART OF HOMEWOOD BOULEVARD LYING BETWEEN
HIGHLAND AVEN~E AND LOWSON ~OULEVARD, TO
A WIDTH OF TWENTY-POUR FEET, SAID ASSESS-
MENT .ROLL BEING ATTACHED HERETO AND
A PART H~REOF.
(Copy of Ordinance No. 22-65 and accompanying assessment roll are
attached to the o~flcial copy of these minutes. )' (see pages 172-I & 172-J)
There being no objection to Ordinance No. 22-65 and said
assessments, 'Mr. Croft moved that said Ordinance be passed and adopted
on this second and final reading, the motion being seconded by Mr.
Jur~ey. Upon call of roll, Mr.. Croft, Mr. Jurney and Mayor Avery
voted in favor of the motion and Mr. Saunders abstained from voting.
8.e. City Manager worthing presented ORDINANCE NO. 23-65.
-12- 5-24-65
17i
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 2 OF THE CODE OF OR-
DINANCES OF THE CITY OF DELRAy BEACH
BY ADDING SUB-SECTION 2-24, CREATING
THE POSTION OF DIP~ECTOR OF RECREATION
AND PRESCRIBING THE DUTIES TO BE PER-
FORMED BY SAID DIRECTOR.
Ordinance No. 23-65 was unanimously .placed on first reading,
on motion by Mr. Jurney and seconded by Mr. Saunders.
10.ac Concerning a request for authbrization for execution of a
Ouit Claim Deed on certain property, City Manager Worthing reported
to Council as follows:
"In 1925, a 50 foot lot, identified as Lot 33, Block
8, in Dell Park Subdivision, was deeded to the City
and so recorded in the Official Records of the Circuit
Court Clerk's Office. Search of the records does not
disclose of the City having returned said parcel of
land to the original ovmer. HOwever, Palm Beach' County,
as well as the City of Delray Beach, has assessed and
collected taxes thereon for over 30 years through 1964,
and authoriz~tiQn .is therefore Feques. ted to execute a
interest of/t~e' ~ty' 0f~Dei'ray 'Be~ch i~' ~aid~lot or
parcel.
Mr. Croft mo~e~'~hat.sai'd' Quit':'Clai~De~dbe"-~ecuted, the
motion being seconded byi. Mri~:$9~nd~rS.an~ ~ani~o~lg'_'~arried.
lO.x. city Manage=:" o hi"g'
.DELRAy BEACH CERTAIN. LAND, NAMELY LOT. 44, DELRAY
.."..
~ou~RIES o~ SAID C~TY TO Z~C,.~-. ~ID LAND, PaC-
.. ~,ND ~ROVID.~'i'~OR' ~"Zo~ ~HEREo~.' '
Ord!~ance' ~0, 24g65 ~s"'unantm°u~i~ ~iac~d on'.~t~ .'reading,
on motiOn?by
10.x. c~Y.~na~ar ~o~thing iaformed .t~ 'C~c~i ~ '.a~"~Oth had
previously' been one'"%~ ~:hg ~cO~a~'ze'd~-A$~ida~:.~$~' e~i H~, there-
fore, ~e.:c~y 'Hal~ '~uld
. ; : '''."
lO.x. The
Soard, c°m~iSed "of ~he 'ei~y'"co~n~ii,: ~u~ :m~t'/iff 'acCOrdance with
Charter provisions on JUne 14th, and that ~ai~ Equali=ation ~ard
would meet at 10:00
is re~ested, for ,beaUt~catto~.of .th~ 'East 14~ l._,of..the. C~ty-o~ed
land :at 'the WOman's Ci~] '.~ec&s~itA~ing S~ddin~: ann"sprinkler service.
In ac~rdance
~e City is ~es~ns~le f~'mainte~ance..~ this.'area.,'
th~ expend~tur~ A~'t reCesSed,., ~ugh no agproP=ia~$on,'.ts~jne~e~sary. ,,
' ' ~, ~r~tAg..e~lained. ~e ' mon;y 'fO~. Sa~e,-.waS,:,a%a~le..~
the Parks Department.budget. - .' : ..j -'. - --".] ' · :,.. -..'
Mr. Saunders moved that the work be done, the motion being
seconded by Mr. Jurney and unanimously carried.
lO.x. City Manager Worthing presented the following request and
recommendation:
"The CIVIC OPERA COMPANYof thePalm Beaches, through
its Director - Mr. Louis D. Tenerelli, requests
permission to display an automobile at various times
and locations within the City, at which time and place
tickets will be offered for sale at $1.00 each, pro-
ceeds to go to the Opera Company which is a non-profit
organization. Such tickets, as sold, will, at a later
date, provide for the *Raffle~ of the car to the lucky
ticket holder.
It is recommended that approval be granted SUBJECT to
the Civic Opera Company obtaining appropriate per-
mission from the affected property owner om owners."
CityAttorney Adams said permission could be given for the
exhibit of the car, but cautioned condoning any operation that may be
considered a lottery, and at the request of Mayor Avery, continued
as follows: "Move that he be granted permission to exhibit the car
at various locations, subject to the approval of the owner. The City
has no s~onsorship, and as long as the minutes reflect the fact that
the City does not condone or sponsor or back any raffle, it is per-
fectly alright." It was so moved by Mr. Croft, seconded by Mr. Jurney
and unanimously carried.
lO.x. City Manager said that Council consideration for sharing cost
to transport the home furnishings of the recently appointed Recreation
Director to Delray Beach is requested~ further, that it is recommended
the City pay one-half such cost, which proportionate share is not
to exceed $300.00, and that saidmoneywould come from the Contingency
Fund. It wae so moved by Mr. Saunders, seconded by Mr. Jurney and
unanimously carried.
lO~b. City Manager worthing presented Bills for Approval, as follows=
General Fund $144,808.81
Water Operating & Maintenance Fund 4,867.72
Water Revenue Fund 87,055.90
Special Assessment ~und 6,116.45
Refundable Deposits Fund 1,961.80
Improvement Fund 500.00
Disaster Fund 228.70
Interest & Sinking Fund - Water and
Sewer Revenue Bonds - Series 1961,
62 & 63 145,495.00
Utilities Tax Certificates Principal
& Xnterest Redemption Fund 34,185.00
Sewer Revenue Fund / 66,185.00
The bills were unanimously ordered paid on motion by Mr. Croft
and seconded by Mr. Jurney.
The meeting adjourned at 10:45 P.M., by order of Mayor Avery.
R.~. D...WORTHING
City Clerk
M A Y -l~- 5-24-65
172-A
RUSSELL & AXON
Consulting Engineers. Incorporated
May 4, 1965
Honorable Mayor and City Council
City of Delray Beach
City Hall
Delray Beach, Florida
Attention: Mr. R. D. Worthing, Acting City Manager
Gentlemen:
This will acknowledge your letter of April 30, 1965, transmitting for
our review City Engineer Mark Fleming's memorandum commenting on
Russell & Axon's water works report. We have reviewed Mr. Fleming's
. comments and have certain observations which we feel should be brought
to your attention.
Mr. Fleming points out that there is a difference of opinion among Smith
& Gillespie's report, Russell & Axon's report of 1962 and Russell'& Axon's
report of 1965 concerning the capacity of the south well field. The 1965
report was based on a very ex~ensive study by our Mr. Walter D. Hays.
Geological data from all available sources was very carefully studied.
Based on these findings, it was concluded that the well field would have
adequate capacity provided that the fresh water level in the various canals
in or near the CiW was carefully controlled. This conclusion, however,
does not preclude the necessity for carrying out a test well program. There-
fore, we concur with Mr. Fleming's observation that a test well program
should be initiated immediately.
Location of the water treatment plant site as recommended in the 1965
report needs further clarification. The factors which were evaluated in
selecting the proposed site for the water treatment plant were as follows.
172-E
ORDINANCE NO. 20-65.
AN ORDINANCE OF THE CITY COUNCIL O~ THS
CITY OF DELRAY BEA~, P~R~A, A~I~
ODI~N~ NO. G-436, E~ING CERTAIN
TAX PRI~L~ES CO~AIN~ IN S~SECTION
(3), SECTION 40P ~ID ORIGI~L O~I-
WHEREAS, it has been determined that contemplated
municipal services will not accrue to the lands affected
by Ordinance No. G-436 within the period mentioned in Sub-
section (3), Section 4 of said Ordinance;
NOW, T~EP. EFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITy OF DELRAY.BEA~H, FLORIDA, AS FOLLOWS=
Subsection (3), Section 4 of Ordinance No. G-436,
be, and the same is hereby amended to read as follows:
"(3) At the exDiration of tgn (10) years' from the
date hereof, all above described l~nds, as shown on said
Exhibits ' 1 and 2', shall become subject to normal taxation,
including the bonded indebtgdness of the City of Delray
Beach, Florida."
PASSED AND ADOPTED in regular session on this s~cond
and final reading on the 2~th davy of May, 1965.
MAYOR
ATTEST:
i ,/s/ R. D. WORE NG
i City Clerk
First Reading -~ May_!0, 176~
Second Reading Ma7
172-F
ORDINANCE NO. 18-65.
AN O~DINANCE OF THE CITY COUNCIL OP THE
CITY OF DEL~AY BEACH, FLORIDA, AM~NDINO
SECTION 4-7, C~APTER 4, CODE 'OF ORDINANCES
OF THE CITY PERTAINING TO THE L~CATION OF
ESTABLISHMENTS WHICH ARE PERMITTED TO SELL
INTOXICATING BEVERAGES.
BE IT RESOLVED BY THE CITY COUNCIL O~ THE CITY OF
DE~RAY BEACH, AS FOLLOWS:
Section 4-7, Chapter 4, Code of Ordinances O~ this
City, be, and the same is hereby amended, as follows:
SECTION 1. The phrase "In that portion of above
territory lying wast of the intracoastal Canal", be,. and
the same is hereby stricken and deleted'.
SECTION 2. This amendment shall not apply to nor
prejudice any rights presently existing in any person, firm
or corporation, where such rights have been acquired by
virtue of prior Council approval as to location east of the
intracoastak canal, whether such establishment is presently
operating or not. Neither shall it apply to assigns or
grantees of any license to operate at any such establish-
ment heretofore approved.
_SECTION 3. Should any section or provision of this
ordinance or any p~z~ion thereof, or any paragraph, spntence
or word be declared by a court of competent Juris~iction to
'be !n%alid, 'mUch'decision shall not affect the validity of
the remainde~hereof as a whole or any 9art hereof, other
.than the ~art declare~ to be invalid.
PASSED AND ADOPTED ih regular session on the second
end final ~eadiag on 10~h day o~.May, 1965.
MAYOR
ATTEST:
City.Clerk -
First' Reading .. April 26, 196~
Second Reading May 10, 196~
Final Reading Ma~ 24~ 196~
tOT
1'72-G
ORDINANCE NO. 21-65.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA LEVYING THE ASSESSMENTS AS SHOWN
BY THE ASSESSMENT ROLL SUBMITTED BY THE
CITY MANAGER OF SAID CITY, CONCERNING' THE
OPENING, GRADIN~ AND PAVING OF T~%T PART
OF NORTHWEST SECOND AVENUE LYING BETWEEN
LAKE TERRACE AND NORTHWEST SEVENTH STREET~
TO A WIDTH OF TWENTY-FOUR FEET, SAID ASSESS-
MENT ROLL BEING ATTACHED H~RETO AND FO~MING
A PART HEREOF.
WHEREAS, the City Manager of the City of Delray Beach, Florida
has, in pursuance to the Charter of said City, Submitted to the
City Council for approval, a report of tLe costs, and the assessment
roll for the opening, grading and paving of that part of Northwest
Second Avenue lying between Lake Terrace and Northwest Seventh Street
to a width of twenty-four (24) feet.
WHEREAS, said report and assessment roll was approved by
the City Council in regular session on ~he 10th day of May, 1965,
and
WHEREAS, due notice concerning said assessment roll was
given by advertisement, by the City Clerk, in accordance with the
City Charts= of. said C. ity, for the purpose of beaning objections to
said assessmen,t roll, ~nd
WHEREAS/. ~O.suffici~t objections were received to the con-
firmation of said assessment roll,
City of Delray Beach, F. lo~ida, as. folloWs:
SECTION 1~. The assessments, as 'shown bY said assessment
roll which is annexed hereto and made a part hereof, are.hereby
levied again, st t_he properties shown and in the a.m, gu~nts stated on
said .assesSment. roll, said assess.men~S to 'be Paid' in three equai
annual installments, together with interest at '~he rate of 8% per
· annum, {he :fi~t instal'lme~t be'~o~ing, due ~nd':Paya'~ie ..... On ~u~e"
'' 2,3~d~ 196~. '.,' "and on the .23rd of Jurle. ' ':for the
i,~e~il ehSU~ng, t,w° ~earS; .and .said 's~eci~l :a'saessm~'n.ts, so levied, '
'shall"be-~ lien 'f~om the da~e the assessments become effective, upon
the resp~.Ctive lots and parcels of land described in said assessment
ro11.., O~'the same naiUre and to '{hi "sam~ ex~e~t ai the liens for
general ci%~ taxes, and 's~ali b~ coiieCtlble ~n the same manner' and
~with the same pe~alties and under the same provisions as to sale and
forfeiture aa City taxes are collectible.
PASSED in Regular Session on second and final read. lng on this
the 2~th da7 of :Ma7 ' - 19'6 5. ' -
'' '' /S/ AL. O.' AVERY MA YOR
City Clerk
:§econd Reading: May,:'24~ '1969 ': . .
For Opening, Grading and Paving of that part of NorthWest Second
Avenue lying between Lake Terrace and Northwest Seventh Street to a
width of twenty-four feet.
DESCRIPTION OF FRONT FRONT FT. TOTAL
Lot 1, Chevy Cha$~ Delrey Beach 125' $2.7235 $340.44
Dere lopmen t Co ~
Lake 'View Heights
Lot 4, Block 2A, RuSsell H. & Edith 140 " 381.29
Lake View Heights H. Craige
Lot 10, Biock 2A, Margery G. O'Keefe 120 " 326.83
Lake View Heights 525 feet $1;4~9.S$*
Resolution No. 1499 $ 24.75
Ordinance Caption (Est) 6.00
· Assessment Roll (Est} 9.00
Material 977.15
Equipment & Operators 473.74
Labor & Supervision 68.73
· AccoUnting, Engineering, Taxes
& Insurance 15% .2~7r94
$1,787.31
Per 'Res'::~''N°. 1499 , ~,.,57,.46
· 80% to be assessed $1~429.65
66~
172-I
ORDINANCE NO. 22-65.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA LEVYING THE ASSESSMENTS AS SHOWN
BY THE ASSESSMENT ROLL SUBMITTED BY THE
CITY MANAGER OF SAID CITY, CONCERNING THE
OPENING, GRADING AND IMPROVING' OF THAT
PART OF HOME~OOD BOULEVARD LYING .BETWEEN
HIGHLAND AVENUE AND LOWSON BOULEVARD, TO
A WIDTH OF TWE~PY-FOUR FEET, SAID ASSESS-
MENT ROLL BEING ATTACHED HERETO AND FORMING
A PART HEREOF.
WHEREAS, the City Manager of the City of Delray Beach, Florida
has, in pursuance to the.Charter of sai~ City, submitted to the
City Council for approval, a report of the costs, and the assessment
roll for the opening, grading and improving of that par.t of Homewood
Boulevard lying between Highland Avenue and Lowson Boulevard to a
width of twenty-four (24) feet.
WHEREAS, said report and assessment roll was approved by the
City Council in regular session on the 10th day of May, 1965, and
WHEREAS, due notice concerning said assessment roll was given
by advertisement, by the City Clerk, in accordance with the City
Charter of said City, for the purpose of hearing objections to said
assessment ro11, and
WH~RE~S, no Sufficient Objections were rec~i'Ved to the con-
firmation of said aSSessment rolI',
NOW, THEREFORE, BE IT ORDAINED 'BY THE CITY .COUNCIL of the
City of Delray Beach, Florida, as follows:
SECTION 1. The assessments; as shown by Said assessment roll
which is annexed hereto and made a part hereof, are hereby levied
sgainst the properties Shown and in the amounts stated on said
assessment ro11, said assessments to be paid in three equal annual
installments, together with interest at the rate of 8% per annum,
the first installment becoming due and payable on Jun~
'23rd~ i965 and on the 23Pd of June "for 'the next
ensuing two years; and said special assessments, so levied, Shall be
a .lien from the date the assessments become effective, upon the
respeCtiVe lots and parcels of land described in said assessment ro11,
of the same nature and to the same..extent as the liens for general
City taxes,, and Shall be collectible in the same manner and with the
same pena~lties and under the same provisions as to sale and f6r-
feiture as City taxes are collectible.
PASSED in Regular SessiOn on second and final reading on this
the .. '2~th da.y .of Ma.y 1965.
· ~ /s/ AL. C. AVERY
.~ MAYOR
ATTEST: </s/R. D. W0~a~Ne
City Clerk
First Reading May 10~ 196,5
Second Reading May 24', !965
172-J
ASSESSMENT ROLL
For Opening, Grading and Improving of that part of HomewOod Boulevard
lying between Highland Avenue and Lowson BOulevard to a width of
twenty-four feet.
DESCRIPTION OF FRONT ~RONT,~T.._ TO~AL
PROPERTY QWNER FOOTAGE ~A$~SSMENT. ASS'M,
Lots i thru 7 W.F. & Gwendlyn 720.'04 $2.23017'" $1,605.81
inclusive, Homewood G. Snyder
Park
That tract of land R.W. McDowell i276.22 " 2,846'.19
lying within the N.W.%
of Section 19-46-43
bounded on the North
by Homewood Park S/DF
on the west by the
easterly right-of-way
line of Homewood Blvd.~
and on the South by the
East-West center line of
Sec. 19-46-43
That part of the East Delray Estates 190 " 423.74
half of the West half Ltd.
of Section 19-46-43
lying.between the E-W
center.line of said
SectiOn 19 and the '
North R/W line of
Lowson Blvd.
That part of .the west Delray Estates 190 " 423.74
quarter of Section Ltd.
19-46-43, lying
between the E-W center
line of said section 19
and the North R/W line
of Lowson Blvd. $5,299.48*
2,376.26 feet
MATERIALS ONLY TO BE ASSESSED
Rock, 3,357 Tons % $1.70 $5,706.90
Asghalt, 327.15 Tons ~ $8.32 2,721.89
RC-1, 875 gals. ~ $.19 166.25
Culverts 237.42
$8,832,46
Less 40% City share of cost
perilRes. No. lS01~ 3,232.98
*60% to be assessed $5,299.48