Loading...
07-12-65 203 A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8:00 F.M., w~th Ma~or Al. C. Avery in the Chair, Acting City Manager R. D. Worthing, City Attorney John Ross Adams, and Councilmen J. LeRoy Croft and James H. J=_~ney being present. 1. An opening, prayer was delivered by Minister Gerald F. Face. 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 June 28th and 'special meeting · o[ July 8th, 1965, were unanimously apprOVed on motion BY Mr. Croft and seconded by Mr. Jurney. 3. There were no public requests from the floor. 4. There was no beautification report. 4.a. A roll call sho~ed the following Civic organizations and representatives to be in attendance.. Beach Taxpayers League, BueAness','&:: Professional. Women ! s ClAsh, and Zonta International ........ Mrs. Dorothea G. Montgomery Delray~ Beagh Board of Realtors . Mr. ~org_~ ~ =~reezg l~td:qe: Esta'%es · ]~'.~. ' John .SWo. r~ 5'. City Manager ~orthing read 'the fOllo;~.'~;g letter Van Kessel, C~ai~rman of the Palm BeaCh ~0~un.~y World'~ Fair._ Authority, - WoRLb*s FA~R. We hope that this date will meet with your satisfaction and that meny Pe0pl~.. f~,rpm, your area.,~.can, be. p~es.e, nt. 6~' 2o~, financial. s~pp0r~. ~n beh'~l~' ~f the" Cofiimxt~.ee, we Mayor o~ ~e Ci~ o~ Boca ~n, da~ ~une 28~h, was read: "ReceD~!M a ~ape ~s c~i~ed on a. 19 Mea~ old g.i~l in ~he our Polioe ~par~men~ ~ha~ info~ma~ion and cooperation ~r~ o~ ~he ~lzaM ~a~ ~lice Depa~en~, namely, De~c~ive exten~d '~0"oU~:d*paz~en~. X ~rus~' ~a~ ~his .J°t~es~ndeace .will ~. included, in ~e pezsons~ se~vice ~iles.." chann~i~;'~:%he S'~erioz of ~ese men. and tha~ ~e men be co.ended 204 "In the last few weeks, two of our members have met with misfortun~, while at the Recreation ~center. One, with a heart attack, the other, falling and breaking a hip. Eaoh time the personnel at the Recreation Center and the Fire Station came to their rescue with commendable speed, kind- ness and efficiency. We wish to extend our very sincere thanks and appreciation to both 'of these public services and, particularly, to the people involved." Mayor Avery asked' that the City Manager commend, through channels, the City employees involved. 5.a. Mr. Croft said he had received much favorable comment from residents of Delray Beach about the fireworks show put on by Mr. Warren ~rhnes on the 4th of July, and.that he feels it is proper for the City of Delray Beach to express their appreciation to Mr. Grimes for his community epirit and interest regarding this entertainment for the enjoyment of the residents of Delray Beach. Mayor Avery suggested this be done in the form of a resolution, and that a motion be made directing the City Attorney and City Manager to draw up a proper Resolution, giving it an appropriate number, and that it be signed by the Mayor. It was so moved by ~r. Croft, second- ed by Mr. Jurney and u~animously carried. 5.a. Mr, Jurney informed the Council that Mrs. Emogene Morgan, a resident in the south part of town near the Little League Bell Park, had asked for some beautification in the way of grass for that area. Mayor Avery asked that Mr. Croft take this item up with the Beautification Committee. 5.a. Mayor Avery said he and the other Councilmen had been served with legal papers concerning the development of Block 73 in a suit brought by Mrs. Hotchkiss Neal, and asked that the City Attorney be authorized to defend the suit. It was so moved by Mr. Croft~ second, ed by Mr. Jurney and u~animously carried. 6.a. A survey'of parcels of land in violation of City nuisance laws was presented, 'and Mr. Croft moved that the Clerk be directed to com- ply with Chapter 15~ ~the Code of Ordinances, as applicable to such survey report, in Order to provide for abatement of the nuisances determined to exist, as reflected therein. The motion was seconded by Mr. Jurney and carried unanimously. (Copy of nuisance violation survey is attached to the official copy of these minutes.) (See Page 208-A) 8.a. City Manager Worthing presented RESOLUTION NO. 22-65 A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF DE~.R~Y BEACH, FLORIDA, ORDERING THE OPENING, GRADING AND PAVING OF THaT PART OF NORTHWEST THIRD AVENUE RUNNING THREE HUNDRED EIGHT AND THREE TENTHS (308.3) FEET SOUTHWARD FROM NORTH- W~ST ELEVENTH STREET. (Copy of Resolution No. 22-6S is attached to the official copy of these minutes.) (See Pages 208-B & 208-0) Resolution No. 22-65 was unanimously passed and adopted on this '. first and final reading, on motion by Mr. Jurney and seconded by Mr. Croft. . 8.b. The City Manager presented ORDINANCE NO. 26-65. -2- 7~12-65 205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN' LAND, NAMELY LOT 66, DELRAY BEACH SHO~ES, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL 'LIMITS OF SAID CITY~ R~DEFIN~NG THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PRO- %'&DING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDIN~ FOR THE ZONI~ THEREOF. (1018 Lewis Cove) (Copy of Ordinance No. 26-65 is attached to the official copy of these minutes. ) (See Page 208~E) There being no objections to Ordinance No. 26-65, said ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Croft and seconded by Mr. Jurney. 8.c. City Manager worthing presented ORDINANCE NO. 27-65, and recommended that it be referred to the Planning/Zoning BOard for review and reco~mendation. AN ORDINANCE OF THE CITY' COUNCIL OF-THE CITY OF DELRAy BEACH, FLORIDA~ ANNEXING-TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 29, TOWNSHIP 46 SOU~H, ~ANGE 43 EAST, WHICH LAND IS co~ouo~s~.mn ~XTST~, ~C?~" .~U~X~.~S 0~ O~LIm~iONS' 6~j ~lU' .LAND: AND ~OV~DiN~;.F0~ ~ i.g, a~d a~: ~.~:eferr. ea tO U~e p~:annin~/.~oning '~oa~a::~r/:,~fie.~r. re- view and rec~mmi~ia~0n. '-The 'motiOn. was se~'~n~ed b~ ~'~'~'"~": ~"~'t~ Manager read the following Planning Board report, dated , (:. : ': . ..,- . .1 _. ~' ~- : ' ' ,,'Ti~' .~f~nning ~a~d ~et 'on auly 8, !965,.. in ~he C0u-nc£1 ~nd:'hefd a :~biiC hearing on t~e request 'for P~rmissive use of said lan~ within SHERWOOD PARK as s~bmitte~ .by Sherwo°d P.~rk i..~.~e'~.ers-..''''~.c.- ,: ' . .: .... . .~. .: ....... :--. :t ':~ ': ~i;: A ~Re~est'_'_fOr perm'isS.~ve U. se in Sher~od.park. No objections- were reue~ed, reiati~e ,to, said, r, equest for 'Per~isS~e Use. and ~he Board u~animoUSiy'reco~mends approval..for conetru0~i0n of. a .ch..u~.ch .and. ~ari°US and proper' ~11ied 'buitd~'nga' .on- the."Ea~t: 7311feet ,of Lot, '7 - and.l~ta: i~,, 9,' !0,' '11.. &'j i:2 o f ' :i~iiCk 7: in' ihe~°od' ::Pa l~ed ,. ~,, 'and :' ~* ~.'~ :~iso' ,'~A'" an~ ".2s':, :~.'sh~'. bn 2. ~ ReqUe, s't'.~o~ Abandonmen~ of ~.aSement; Rela~ive. '.to the :request. of Sher~[ .park I~ve.l..ope. rs, ', Inc;:. :'ior.'ab~nd~nme~'t -of' 'a port£off ~ an Ease~e:~t 'i.. :' _:: e 7, ,' of Bl~cks .~, 8, 9 a 10, Sher~od Park, as appears in Pia~'.~' 27,. page ~161:of She=~od~ park . .the ~ar~ ~ecp~n~s ~at the 6 foo~ .~asement .lyin~ '~ ' ~e '~one~ e~ec~ive only u~ compl~on o~ sale o~ .. ; ,~ .~ CitY; i~ 'the '~0~6i8n inV6i~ed"eve~ reverts back .... ' ~'~:~ o~ginal ~eplat of t~e BlOCk." . -3- There being no objections from the pub[ic to said requests, for Permissive use and abandonment of an easement, 1~. croft moved approve ~he recommendations of ~e Plann~ng/Zoninq Board, the being seconded by ~. ~ney and .unan~mous~ ca~ed. 10.x. City ~nager Wor~ing reminded the Co~c~l that on April 26, 1965, they dete~ned, by adoption of ~solution No. 11-65, to proceed with effect~ng f~nancial arrangements for ~e issuance of $2,000,000 ~ter and Se~r ~venue Bonds ~or phase ~ of the C~ty~s overall se~r plan~ ~erefore, ~SOL~ION NO.. 23~65 had been prepared by ~e fiscal agents and bonding attorneys, also approved by ~e City Attor- ney and Finance Director. ~SOL~ION ~O. 23-65. A ~SOL~IO~ A~OR~ZI~ ~ IS~NCE OF $2,000,000 .~ A~ ~R ~ BO~S~ S~ 1965, A~ PR~ ~ FOR ~ R~G~S, ~ZES A~ S~ O~ ~ HO~E~ OF ~ ~TER A~ S~R ~ ~S, SERIES 1965. (Copy of Resolution No. 23-65 is attached to ~e official copy of theee mi~u~s. ) Resolution No. 23~5 ~s ~an~usly adopted on ~is f~rst and final reading on ~tion ~ ~..~t and eeconded by ~. J~ney. lO.x. ~e City.~nager =e~r~ed to Council as foll~s~ "Russell Axon~ the City's consulting engineers ha~ ~bula~d and revi~d ~e bi~ received for certain se~ge cons~uction~ and ~co~ended ~at a~rd of con~aot, ~n ~e a~2 of $122,299.20, for construction of ~e ~ra~ Works ~o~ect No. 596~8B (Area 19) ~ ~e ~ H. Cons~uctors, ~ey berg ~e 1~ an~ ~alified bidder. ~s amour, gentle~n~ reflects the acce~ance of aLterna~ ~tem 42 ~n ,place of item 16 which provides for concrete ma~oles ins~ad of brick manholes. ~ur pleas~e ~s forested regarding ~e a~rd~g of this con.act." ~. Croft ~ved ~at ~e con.act ~ a~rded to H. & S. Constructors in ~e amour o[ $12.2,299.20, ~ing ~e accep~nce of alternate 42 in plebe of i~m 16~ ~e motion ~ing seceded by ~. ~ey and unanimously MaWr A~ry said ~a2 ~e con.ac2 has ~en a~rded, w~ ~rk to start ~in ~n days~ but nothing has ~en done a~ut ~nspect~on for ~ job~ and e~resaed h~8 displeas~e ~at ~. Daniel Nef~ o~ Russell a Axon ~s not present at ~s meeting, w~ a proposal regarding s~ct~on of ~e City ~na~= Wor~ng a~en~ as ~oLl~st "I ~ul~ red.end ~at you gentlemen defer action on ~at for t~ ~eks, until t~ ~ek~ from tonight, ~ p~v~ for f~ther considerat~on of ~at ~tem, at which t~e it ~d ~ sa~s~aotory~ Z am s~ to provide for such inspection." Mawr A~ry aske~ a~ut ~e Prior ~nspect~on uon~aut, and the City Attorney said it had been negotiate~. Mawr Avery suggested a speu~al meeting be held for the pu~ose of ~der~ng a contract for ~s~ction of So.rage Works Project, Area le~ and sai~ meeting ~s s~e~uled to be ~eld at 5=00 P.M.~ ~ursday. ~r Avery co~ented as follow: "Set it ~or ~ursday afternoon and direct ~. Fr~ Osteen of Russell & Axon ~at he did' not have a repzesentat~ve here t~ght, and ~at ~ desire a representative to be here ~ursday to discuss ~is very ~rtant matter, and e~ress our displeas~e at ~g neglec~d on ~ts tonight also." 10.x. City ~na~r Wozthtng reed ~e follow~ng letter fr~ C~ty At~rney John Ross Adams~ da2ed July -4- 7-12-65 "Re: Attorney fee - Validation Proceedings for $2,000,000 Water-& Sewer Revenue Bond Issue. In the'past I have always felt it best for all concerned that we reach a mutual agreement on the fee for handling validation proceedings. As you will recall, the Fiscal Agents have budgeted 1% for the legal and fiscal expenses in bringing the pending $2,000,000 issue to market° The fiscal expenses involved will amount to roughly one-half of one per cent, and therefore, there are more than enough funds remaining to pay me the same fee that I have charged in the past, namely, 1/3 of 1%. As a matter of information, the attorneys throughout Palm Beach County normally charge from 1/2 to 1% in validation proceedings, but if agreeable to you I will be satisfied to undertake this validation suit for the same fee which I have charged in the past, which to repeat is 1/3 of 1%. You may either approve this arrangement~onight, or if you would prefer, you can wait until the entire council is back in town." Mayor AVery said this is not controversial, that the work is necessary and the rate reasonable. Mr. Croft moved that the fee of 1/3 of 1% to the .City Attorney be approved as proPOsed, concerning the validation proceedings for $2,000,000 Water & Sewer Revenue Bonds. The motion was seconded by Mr. Jurney and carried unanimously. ~0oa. The Bills for Approval were presented as follows: General Fund $ 69,641.81 Water Operating & Maintenance Fund 7~989.62 Beach Disaster Fund 10,000.00 Improvement Fund $00.00 The bills were .unanimously or4e~ed pai~ on motion by Mr. Jurney and seconded by Mr. Croft. The. meeting adjourned at 8=32 P.M., by order of Mayor Avery. City Clerk APPROVED: MAYOR -5- 7-12-65 2o8-A PROPE~Z~S iN VIOZATION OF O~ZN~OE ~0. ~ SEOTIONS 15-3 · 15~ 0~ T~ 0I~ CODE . PROPERTY CITY ~ ~DRES S ~ES~ R I~! 0N C OD~ 1. J. B. ~Olere Maple ~e ~t 8, Block 11, 15-~ Oak Hill Fa~s Seagate Sec. A Allison P~k, 2. 0. Cl~ford a P. 0. Box 2032, ~t 9, Block 11, 15-4 Helen M. Station 1 Seagate Sec. A Gr ~shaw Deerfield Beach, Florida ~ Diggans Delray Beach, Fla. 4. Catherine.A. P. 0. Box 1 ~ts ~ and 25, 15-3 Digg~s ~lray Beach~ Fla. Block 105 15-4 5. North Tr~ic 2662 S. Fed. H~. Lots 319, 321 ~ 15-3 Isle, Inc. De~ay ~ach, Fla. 322, TPopic Isle 15 6. Paul A. B~der ~69 Ashover ~. Lot 320, Tropic Isle 15-3 Birmin~, Mich. 15-~ 7, Nor Mel 2662 S. Fed. H~. Lots 323 t~u 330, 15-3 ~vestments, Del~ay Beach, Fla. Tropic Isle 15-4 Inc. Violations 15-3 and 15-4 as concerns this report are as follows: 1. 15-4 - - High weeds 15-4 - - High weeds 3. 15-3 - - Trash and broken tree limbs 15-~ - - Vines, weeds and underbrush 1%-3 - - T~ash, broken tree limbm and high pines 15-4 - - Vines, weeds and underbrush 5. 15-3 - - Debris and dead tree limbs 15-~ - - Weeds and underbrush 6. 1%-3 - - Dead tree limbs 15-~ - - Weeds~and underbrush ?. 15-3 - - Debris, dead limbs and old building trash 15-4 - - Weeds and underbrush Submitted to the City Council by the City Manager ~ "~ on this 12th day of July, 1965. :~ ~o8-~) RESOLUTION NO. 22'.65. A I~SOr.UTION..OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, ORDERT~G THE OPEN- xN~, GI~DZNG AND PAVING OF THAT PART OF NORTH- WEST THIRD AVEN~E 'RI~N~ THREE HURDRKD BIGHT AND THREE TENTHS (308.3) FEET SOUTHWARD FROM NORTHWEST ELEVENTH STREET. ~H~EAS, the City Council of the City of Delray Beech, Florida, did, on the 28th day of Ju~e, 1965, adopt Resolution No. 19-65 ordering the City Manager to prepare plans and fications, ~ogether with estimate of cost of opening, grading and paving of that part of No=th~est Third Avenue running three hundred eight and three te~ (308.3) feet southward from Northwest Eleventh Street, to a width of twenty-four (24) feet, and requiring said plans, ~pecifications and estimate of cost of such improvement to Be placed on file in the office of the City Manager, and WHEREAS, the City Council deems it to Be necessary for the safety and convenience of the public to open, grade and pave said street. NOW, THEREFORE, BE IT RESOLVED By the City Council of the city of Delrey Beach, Florida, that it is dete~nod to uake the following desor~bed imprOvement, ' to-wit; To Open, Grade and Pave the2 part of North-. west Third Avenue running three hundred eight and three tenths (30e.3) feet southwer~ from NorthweSt Eleventh Street to':a width of ~wenty- four (24) feet, the total cost as estimated, for such improvement being ~2,400.00. . BE IT FURTHER RESOLVED that the entire cost of such improvement shall Be Shared By the City of Delray 'Beach; ~l'~rida, and the followinq described properties in Delray Beach, Palm Beach County, Florida, on a Basis of the City. of De~lray Beach paying ten (I0)'per cent of the cost of said improvement and the aButtinq property ownerS, said properties sho~n below, pay- ing ninety (90) per cent of said total cost, By Special assess- ment; PROPERTY DESCRIPTION Section 8, Township 46 The South 100 feet of West South, Range 43 Bast, 154.65 feet of Bast half of .. NW quarter of Lot 9, less West 25 foot right-ofTway. The North 90 feet of South ..... ' " 190 feet.: of West- 15~.65"feet of East half..of. NW quarter of Lot 9,_ less West 25 foot right-of-way. ..... ' " West 154.97 feet of Bast half of NW qusrter of Lot 9, less South 190 feet, less North 25 foot and West 25 foot rights- of-way. 208-C Page 2. ~Z0~ ~0o 22-65. Section 8, Township 46 West half of NW quarter of Lot South, Range 43 East, 9, lees West 167.46 feet, less South 190 feet and less North · ~ 25 foot and East 25 foot rights- ' of way. ....... North 95 ~eet ef South 190 feet of West half of NW quarter of Lot 9~ less West 167.46 feet & less East 25 foot right-of-way. " " " " South 95 feet of West half of NW quarter of Lot 9, less West 167o46 feet & less East 25 foot right-of-way° said benefits to be determined. and prorated au~o~din~ to the front footage of the respec~ive properties as set forth immediately above. BE IT F~RT~ER RESOLVED that said special assessments a- gains/ all the parcels-of lends as Set forth above which are spe- cially benefited, shall be and re~ain liens superior in dignity to all other 'liens, except liens for taxes, until paid, from the date of the assessment upon the respective lots and parcels of land assesspd, and ~hi~h shall bear interest at the rate of (8) per cenf; Per am{'um;-and' whi~_h may be paia in tl~ree (3) &qual yearly inatallmente with 'accrue<~ interest on alZ deferred payments. Pa:ymeat shall be made at the same place that taxes payable to the City of Delray BeaCh, ~'3.orida, are paid, aamely-the off~ce of the City Tax Collecto~ .aI3d upon falltace of a~y property o~ner to pay the annual ~nstall~ent due, ar any annual interest .upon deferred l>ayments, the City of Delray Beach m~y bring 'necessary legal pro- ceedings by a .Bill in ~han~ry to enforce, payment thereof with all accrued interest, together with all legal costs incurred, oluding a reasonable attorney*s fee. The to~al amount of any lien may be paid in £ull at any time with interest from the date of assessment. IT IS ORDEItED that the City Council shall sit at the City Hall in the City of Delray Beach, Florida, at 8:00 P.M. on the 26th day of July, 1965, for the purpose of hearing objections, if any, on said proposed improvement~ as set forth above. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida on this the 12th. day of july, 1965. /=,/A,....c. ~AYOR A~EST.- 208-D ! \ AN ORD: OF THE OF THE % OF AMENDING a 29 oz o~ I~ 0 S~- ~ION (d) ~ION ,7.7 IN~ ~ FOR BY THE OF TH~ CITY OF DELRAY FLORidA, FOLLOWS: '29 .of Of the City of De: the is hereby amended Lon (5) to 29-7,7 " In the ts .the\ of all in 'the ss area to )tified, in the event the other owners is p~tition the dispense public in its re, ~o the Counc PA,' ADOPTED in'regular -this day of city 208-E ORDINANCE NO. 26-65. AN ORDINAI~CE OF THE CITY CO .~IL OF THE C~TY OF DEI~AY BEACH, FLORIDA, ANNEXING TO THE CITY OF '-, DELRAY BEACH CERTAIN LAND, ..NAIVELY LOT 66, DELRAY 'BEACH SHORES, WHICH LAND KS CONTIGUOUS TO EXIST- IN~ MUNICIPAL LIMITS 'OF..'~AID CITY~ ~ REDEFINING THE BOI~NDARIES OF SAID CITY ,TO INCLUDE--SAID LAND~ PRO- VIDING FO~ THE RIGHTS AND. OBLIGATIONS 07 SAID AND PROVIDIN~ FOR THE ZONING THEP~OF. WHEREAS, ,R.. LESLIE MUNRO and LILIAN M~qRO (hie wife) are the fee s.imple owners ~f. the property hereinafter described, and WHEREAS, R. LESLIE MUNRO and Li~IAN MUNRO (his wife) bY their petition, have consented and give~ permission for the annex- ation of said property by' the City of Delray Beach, and ~T~EREAS, the City of Delray B..e~Ch has h~re~ofore been au- thorized to annex lands in a,cCo=dance'/With Sec%io~'iS~.l of the City Charter of said City. gra~ted-to it bM the State. of Florida: CITY oP. DEL~AY BEACH, FLORIDA, AS FoLLows: ,SECTION 1~ That the City Council of the City of Delray Beach, Palm~ Beach,' County,.,Florida, hereby ar~Dexes to said City the following described tract of land located in Pa.1.m Beach County, Florida, which li~s contiguous to.said CitM~, to-Wit That tract of land., .namely Lot 66, ..Delray BeaCh Shores, per Plat BoOk 2~, Page .167, Public Records of Palm Beach County, F'l~rid~a'. SECTION 2o That the boundaries' of the ~City of Delray Beach, Florida, are hereby redefined so as to include therein the above scribed tract of land and said land is hereby declared to be within the corp.orate limits of the City of~ Delray Beach, Florida. , SECTION _3. ,That the tract of land hereinabove described is hereby declared to be i~ Zoning District R-1AA, as defined by exist- ing crd£nances of the City of Delray Beach, Florida. ~SECTION .4- That the lend here~nabove described shall im- mediately become subject to a..tl of the franchises, privileges, im- munities, debts (except the existing bonded indebtedness), obliga- tions, liabil~ties, ordinances and laws to which lands in the City of Delray Beach. are now or may be, and per~ons residing thereon shall be deemed citizens of the City of ~elray'Beech. SECTION 5. That i~ any word,, phrase, clauee~ sentence or part of ~is ordinance she'll be declared illegal by a court of com- petent jurisdiction, such record of illegality shall in no way affect the remaining portion° PASSED in regular session on the second and final reading on the 12th day of July, 1965. ~ /si AL. C. AVE~Z / MAYOR ATTEST: /s/ R~ D, WORT~NG City Clerk ~lret Reading June 2,8, 1965 .... Second Reading .J. uly 12~ 196~