08-09-65 219
AUGUST 9, 1965.
A regular meeting of ~he City Council of Delray Beach was held in
the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the
Chair, City Manager David M. Qatchel, City Attorney John Rose Adams,
and Councilmen J. LeRoy Croft, James H. Jurney, and Jack L. Saunders
being present.
1o An opening prayer was delivered by the Rev. Ralph B. Johnson.
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 July 26th, 1965, v~re unani-
mously approved, on motion by Mr. Croft and seconded by Mr. Saunders.
3. There were no public requests from the floor.
4.a. A roll call showed the following Civic Organizations and repre-
sentatives to be in attendance: .
Beach Taxpayers League,
Business & Professional woman's ¢lub~ and
· ,onta International Mrs. Dorothea G. Montgomery
Chamber of Commerce , ;, >~.: ,/.~ ~: .:~_,., Kenneth E11ingeworth
Seagat~'~arden Club ~Mrs. James Bowen
~.a., .Mr~ ~¢r'oft remin4~d the C~U~il .of ,a ~rginage pro~lem ~
'ing a 'stozm Sewer ~rom the sanitary sewer system following completion
of the.ocean outfaI1.. Mr..C=oft,.said t~h~t,-f,o..llOWl~g a recent~rain he
'obae~v&d' t~a~ the' ~el~hone 'emPloyee~ bad to 'Wane 'wats= getti~ 'in and
.oqt o~ the .telepllona b.~tld!ng, ~and ~elt that Council,...sho~l~ .~a~.a some
act. ion 'Boon .to alleviate 'that c°ndition~
· '~ Cro~t Said he did not ~now whether t~is should be taken care of
in an area program, or steps be taken at t~is p~.rticu!~ loca~ion.~t
thiS"~ime':,'~i~ 'a'n area P'~ogram later,.~ a~ .'moved'tha~.'.~e C~.~anager
'a~ '~iS~E~gi~eeri~g '~ePartmen~ give immediate' ~t~d~ ~o that
and ~e. por~ ~o CRuncil as...~c~O aa pos~ibl~ wi~h.a solution to the drain-
ag~ 'problem in' that' area;
· ~ayor .Avery. remindad the .Council that ~, Talbot .ha~ been opposed
age proc. r~am had been 'apProVed by Council, but that he ~ould be back in
~o~ by. the time said study was completed and reported to Council,
"~a~r'.~r~':aekad 'that th~e City .Ma~age~.~comply with the request of
~, C~O~C..Conce~ing the Study and rePOrt o~ ~s...drainage.~prob~em,
,~$: Do~6~hea MOntgomery asked if th~ ~.eq~e~-t~d'.dra~na.~e~ survey
could ~'nclude~S; E~' .4th Avenue and Atlantic AWnue '~t 4th~venue, as
the':'~i~atnag~ 'was very bad at those locatio~s'~
$.a~ -C~n~ern£ng opening~n~ak:Lng public the bids received for s~age
cons~r.uc~X~n ~o~ec~s ~n S~c~ns I0 and' 14~ ~a~r A~er~ asked
Cit~: Engineer, ~n'~ulting Engineers, 'city '~ttorne~~' an~ C~t~ C~r~ '.all
confer to see tha~ ~e.bXds are proof or they ~uld not be read~,
which 'the o~er Co~cilmen agreed. . '
b~ds. ~.e b~.~de~s'~l~'f~cati0~s as ~ar as finanC~ai's~ta'~e"ts d~d not
accompa.y ~e ...b~dS, but rec~ded that ..~e Co~cil ~ve..~is, ~d
re.ire said financial statements pr~r to ~e a~rd of bi~.
e~ ~at,~e b.$d.S,~- ~cmp~.as he ~ew s~ld c~p~i% to.~e.'fin~cial-
City Attorney"Adams said the ~est course would be for the Bngineers
to consider the financial qualifications in their analysis of the bids.
City Attorney Adams informed the Council that the bid of Hosey
Con~acting, Inc. included a bid bond .and financi&l statement signed
by the president of the Company, Mr. John Hosey, but the bid itself
had a typed signature instead of being signed. That an alternative
would be to ask Mr. Hosey, if he is present, to come up and sign the
bid, or reject same.
The City Attorney and Mr. Neff recommended that Mr. Hosey be call-
ed up to'sign the bid .if he ks present.
Mr. Hosey was present and signed the bid. ·
~e folloWing bids were opened, examined and announced:
Base,, Bid Al~ernate Base ~id, Alternate
Item 1 thru Item 1 thru Item 39 thru Item 39 thru
BIDDER 18,20, & 22 18,20, 22 52,54, a 56 52t54, 56
thru 36. thru 35,& thru 68. thru 67, &
& _.. 6a. . ...... 6ss..
Stimpson, Inc. ~220,641.26 $212,956.26 ~191,234.85 ~183,234.85
Cleary Brokers
Construction Co. $246,693.15 $167,221.76
Dargel ~ns~uc-
tion Co.~ Inc. $253,476.80 $248,276.80 $219,879.00 $214,179.00
H. a S.
ConstrUCtOrS $189.408.79 $182.752.75 ~182,737.80 $175,801.80
Hosey
Contracting, Inc. $215,074.80 $209~574.80 ....
~er~ty
Co~truction ~rp. $200,704.60 $194,004.60 $170,162.05 {162,862.05
Pompano
Pi~layers, Inc. $190,883.35 $190,523.44
~. Banders moab tha~ ~e b~ds ~ recetve~, ~ferged to the
~gtneers for ~etr challis an~ re~enda~ton~ ~e ~tton ~lng
seconded by ~. J~ney and ~ani~usly
6.~. City ~nag~r Oat~hel informed ~e Council ~at an appllcat{on to
solieIt fun~s by ~il, as ~11 as ~oo= to door, has been receive~
~e Palm ~ach County ~ap~er of the ~ttonal ~oundation
of Dtmes~ further, ~at Council aPProved appZteatton fo~$ have ~en
properly executed and filed, whi~ petitions for permit ~ solicit
~roughOut ~e mon~ of January, 1966.
~. Croft reminded ~e ~ctl ~ey had asked ~e ~a~er of Com-
merce ~set up a screent~ oo~it~ee fog all applicatt~s for solici-
tatiOn w~ta ~e City, an~ ~d that ~is re,st be referred to the
~a~er of Co~er~e Screening Comittee for ~etr report. ~e motion
~s seconded by ~. Sa~ers and carried ~an~ously.
6.c. City Manage~ Gat~el infold ~e ~uneil ~at ~e term of office
of ~e present ~s~. Slde Relation Advisory Board me,ers, listed as
~ollo~, had e~ire~ on July
Ot~ Mitchell ~eron ~in
' Rev. J. W. H. ~omas =~ A.W. Risker
~s. Oer~ude Green ~arles Oxtdtne
~s. Cele~ine Cart~ight -2- L~narB Jones· 8-9-65
221
Further, that replacement or reappointment of said Board!s members
should be provided, with term of office for such appointment be for a
period ending July 8th, 1966.
Mayor Avery said it had been recommended that Mrs. Joyce Fisher be
appointed to said Board along with the reappointment of the present
member s.
It was reported that Mrs. Fisher and the present members of said
Board are willing to serve in that capacity.
Mr. Saunders moved for the reappointment of the West Side Recre-
ation Advisory Board members, with the addition of Mrs. Fisher, the
motion being seconded by Mr. Croft and unanimously carried.
7.a. The City Clerk informed the Council of a request of the Delray
Beach Radio Club, Inc., for use of the Community Center on February
18, 19 and 20th, 1966, for holding their Second Annual National CB
Sunshine Jamboree and Equipment Show. F~rther, that policy for Coun-
cil consideration of any application for.use of the Community Center
was established in 1963, and approval for such permissive use should
be subject to the City Manager determining that no conflict would re-
sult in the normal scheduled activities of the Center.
Mayor Avery said he felt the general public should know that the
Jamboree held in Delray Beach by the Radio Club this past winter was
a success, and good advertisement for Delray Beach, with 24 states
represented. Further, during the hurricanes last year the Radio Club
-on'- particu-l&r' issig~ments they blanket th~' tOwn s0 that 't~e pollce. ·
~noi4":~v~in~ that:' moves ',anywhere
g~o~P'~; 'then' m0%ea :~h'a't'' thei~ reques%'be 'a~{rbved,':Sub~ec~ to the "City
~a~'~'f. determining~ .that there, is ,o conflict._. The ~otion_ was .second-
ed bY ~r. saunde'~s and carried Unanim6Uslx.
.... BRACH,.-~ FLORIDA.,,..~S.S. ESS!N~ .COSTS. FQR iB~. TING.NUISANCES
UPON CERTaiN LANDS LOCATED WITHIN'SAID/CITYi SETTING
· I
(Copgi0f~ Resolution No. 28-65 and' .aeSe~e~s ,ate attached, to the
official copy of these mlnu%es.'')
'~e~o~ution NO~ 28-651 was'UnanimOusly _~ssed: and adOPted °n this
. f!riK 'Ohd final.. reading, On'm0~iOn'ib~ M~."..croft and' seCOnded by. Mr-.
8ob. /.C]i.~y Clerk w~thlng Presen~e~ RESOLUTION NO. 29-6'5.
'~' DE~Y BEACIi~ FLORIDA, REOUIRING pLANS, SPECIPI-.,'
~NSTAL~A.T.~[QN ~9F CATCH B~ SINS'.~ 'MAN-HOL~S AND AP-
(Copy of. ies. olu~tOnRO. 29-$5 lS.'a,ttached to the. o~ficia~l ,coPY'of
these minuteS,. )': . '(See '.Page
The city ci~..:i~o~med the co~uncil that it is advisal~le.,to provide
for such sto,.m, drain installation, at 'this time in ,Order that it may be
-3- 6~9-65
effected tn con~lunct~on with the se~er collection system's installa-
tion no~ unde~¢ay in Section 19, Island Drive being included '~herein,
thereby causing but one Fight-of-way disturbance.
Resolution No. 29-65 was ~nanimously passed and adopted on this
first and final reading, on motion by Mr. Croft and seconded by Mr.
Jurneyo
8.c. City Clerk Worthing presented O~DI~qNCE NO. 28-65.
AN ORDINANCE OF THE CITY'COUNCIL OF THE CITY OF
DEL~AY BEACH, :FLORIDA, ANNEXIN~ TO THE CITY OF
DELRAY BEACH CERTAIN LAND, N~MELY LOT 9, LAKE
I~A MANOR, WHiCH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY! REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND7
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF.
(814 N. W. 4th Avenue)
(Copy of Ordinance No. 28-65 is attached to the offic£al copy of these
minutes.) (See Peg® 226-C)
There being no objection to Ordinance NO. 2.8-65, said Ordinance was
unanimously passed and adopted on this second and final reading, on
motion by Mr. Saunders and seconded by Mr. Croft.
8.d. The first reading of Ordinance No. 29-65 was deleted from the
agenda on account of a full Council not being present.
8.e. City Clerk Worth~ng presented ORDI~NCE NO. 30-65.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DEL~AY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DEL~AY BEACH CERTAIN L~ND LOCATED IN SECTION 8,
TOWNSHIP 46 SOUTH, RAI~E 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUniCIPAL LIMITS OF SAID
CITY! REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE
ZONING THEREOF. (603 N. Wo ?th Street)
Ordinance No. 30-65 was placed on first reading on motion by Mr.
Croft and seconded by Mr. Saunders.
9.a. Concerning street maintenance in Tropic Palms S/D, the City Clerk
reported that a lengthy report prepared by the City Attorney and
presented to Council is in response to many requests by Mr. ~ank Ellis,
a representative of certain property owners within said subdivision,
as well as a resident therein, and recent directive of Council that
the City Attorney review the legal responsibility relative to certain
street maintenance and improvement in Tropic Palms~ further, that it
is suggested that said report be referred to the City Manager for
study an~ recommendation.
The report of the City Attorney on Tropic Palms S/D was unanimously
referred to the City Manager for his study and r~Commendation, on
motion by Mr. Saunders and seconded by Mr, Croft.' (Copy of report
attached to these minuteS} (See Pages 2~6-E th~u ~6-I)
10.a. The Councilmen and Mayor w~re presented w~th co~ies of the
proposed 1965-66 Budget, and City Manager Gatchel reed his letter of
transmittal to the Council,
Mayor Avery explained that the City Manager did not recommend any
tax millage increase in the proposed budget~ further, that actual
figures show the sewer system to be financially feasible,
Following discussion, Plans were made fora public Council workshop
8-9-6S
223
session on the proposed budget for 9:00 A.~. until noon on Thursday,
August 19th, and that plans would be made at each workshop session
as to when they would meet again.
Mr. Saunders said he would like an altern'ative of reducing the
millage by half a mill, said information to 'be available by the time
of the August 19th workshop meeting.
X. Hr. Kenneth Ellingsworth, Manager of the Chamber of Commerce,
announced that they hope to have City Ma.nager Gatchel address the
Chamber of Commerce ~Coffee at 9~30 A.M., Thursday, August 12th, and
that an invitation to same is extended to the Council.
10.b. City Clerk Worthing presented ~P. ESOLUTION NO. 30-65.
A RESOLUTION AUTHORIZING THE' CONSTRUC~
TION AND ACQUISITION OF VARIOUS CAPITAL
IMPROVEMENTS IN THE CITY OF DELRA~ BF2%CH,
FLORIDAI AUTHORIZING THE ISSUANCE OF
$1,200,000 CIGARETTE TAX BONDS TO FINANCE
THE COST TH~REOF~ AND PROVIDING FOR THE
RIGHTS OF THE HOLDERS OF SAID BONDS.
Mayor Avery asked if Said Resolution No. 30-65 is passed as read,
would it keep the Council from adding other projects of Capital Im-
prove~en~ such as the S, E. lst~ street cross~D~g. ....
.~,.4'.'~'~~ % . "~;~..~ ~ ~f~?',:f%~ ~,J,;.?~ ~. ~ u~]f: j ~'.... ,'~.,>'~.~ 7,,.,L L ?~'~.'~i ~ ':;'~ '~]'.~..'.% "'~f .
· i in Orme . 'co cil 'that 'SectiOn on 'page 4 of
the'r%0i%iO~ is p~ed.' ~', ~
city Attorney. Adams read Sectio~ 2 of .Resoluti0. n. NO, 30-~5 as
follows:
" hereb'9 'authO izea C nstr:ct °n 'a qui i ian of verious
..capit~l~ improvements in and .for .the City. of~.Delray Beach, con-
slsti~g 6f:th~ 'c$n~r~t~ib~ Or acqUisi&'~0~' af "work~ and' improve-
ments to prevent .erosion of..beaches within said City, the con-
struction of ~rovem~ents .to the' existingl, waterfront public park,
including the "a'~gui&~ti0~ 0f~'~n~' addi~io~a~ lands .theref°r, and
furniture and '~q~i~ment;. for~ia 5~iidi~g . to,'.be., eons~r6c~ed thereon,
the construction .6r' a'cq~isition of an' ~&nf~ont' Public park and
improvements an~ ~rk~.~ to ~rbt~t. ~the ~.m~ .~rom..,e~oeion, the con-
st~uction or ~'c~isition 'o'f.a m~ci~1 .b~ilding fo~ the municipal
court and jail ~nd'0the= l~li~e a~minis~:ati~~' facilities in said
City, including..the acquisition of any l~an~s, .:furniture ~0= equ. tp-
'i ~ht~,"~6~&~O~i,~'~d °~e~ 'P~ ,~°~-~/ap~ur~e~a~t °r "~Cide~tal ~ere-
.~ ~ est~te~. Cost.' 0f ~1# 200,000;. substantia~11~ in'ac~d~nCe
C~'~~ ~ a~'~'s~n~O'E an~ ~ands, o~ ~nge~est ~e~e~n~ and O~
"~de~med necessary o~ desi~able therefor;,- e~nses: tot financial
a~d.,.legal; se~v!c~ ox. ~onsult. ants,, expenses.~ for .estimate of costs,
:~t:al tO th~ .f'h~n~g 'aU~rize~ BY ~is ~esolution .and ~e
~e, ~!ag!~ oi -same. in operatio~. .: ~,
: ...... ~ ' :"c '~5- . ~ ..... 8-g~r
-- f. -..,.. , .-' ].~ :_ '. .,~ :: ~,.-. . · · .. .'-, ..; · ,, ... - -,
224
City Attorney Adams said he would not change such a resolution
without clearance by the Bonding Attorlleys, and continued.- "Frankly~
I dontt think Mr. weber, Mr. worthing, Mr. ~atchel or myself ever con-
templated construction'of a right-of-way across a railroa'do This is
just one of those things that didn't occur to us, because if you did
all the things listed it would cost around two or three million dol~
lars which is much more than authorized. If that is a serious point,
and if you want this included, I would recommend you adjourn tonightts
meeting until Friday when you are going to award the sanitary sewer
bids, and we will get clearance and pass said Resolution on Friday.
In the Council~s mind, if. there is a plan to use money for the acqui-
sition of a right-of-way across a railroad, then it should be spelled
out that way, and this clearance should be obtained from the New York
Attorneys to broaden the scope of this, although it is broader than I
thought they would let us go with as it is. These things that you do
have plans for, at the time of validation there is going to have to be
a general scheme of how you are going to spend this money, and that
would be within the foreseeable future, I would say w~thin the next
thirty days or so."
During discussion as to when 'tonight~s adjourned meeting would con-
tinue, Mr. Saunders asked if this matter could wait until the next
regular meeting~ and City Attorney Adams answered as follows: "The
only reason for any push on it at all is that we have an agreement
with B. J. Van Ingen our fiscal agents~ and in that agreement they
agree to sell the bonds for $4.90 per thousand in the event both bond
issues were sold ~simultaneously~ however, if one was sold later than
the other, they would have to add the necessary extra fiscal expenses."
Plans were made to continue th~s adjourned regular meeting at 10-.00
A.M., Friday~ August 13th.
X. City 'Clerk Worthing read the following letter from Mr. Roger M.
Skillman, date~ July 27th~ 1965:
"I have written you. several letters during the last five months
concerning getting some sidewalks on Sw~nton Avenue from 8th
Street to 22nd Street and on 22nd Street from Sw~nton Avenue to
N. E. 2nd Avenue.
In addition, I have asked for a ~LK light at the corner of
22nd Street and N. E. 2nd Avenue.
At this time, I am adding the request that there be a sidewalk
constructed' on 18th Street from Swinton Avenue to N. E. 2nd Ave.
As you know, the school children going to the Delray Beach Junior
High School, Seacrest High School, Plumosa Elementary School, The
' Primitive Baptist Church Nursery School and The Lutheran School
all use the street in this area to get to school.
During this time, the City Commissioners have had the time to
spend large sums of money provid~ng the merchants along Atlantic
Avenue with parking that is free ~ them, the tennis players with
fine facilities, the shuffle board players with better facilities,
but yet you want to herd our children do~n the edges of a twenty
foot road that may soon be called ~slaughter alley~ because you
were negligent in doing your duty.
I would like to mention that I have heard of cities that are
newer than Delray Beach that have installed sidewalks, and some
cities have even placed them on both s~des of the street.
What's your Pleasure, Gentlemen?"
The City Clerk also read s letter. ~rom the Plumosa School P.T.A.,
dated August 6th, 1965, stating that ..they feel sidewalks are very
necessary in that area for the protection of the children.
-6- 8-9-65
225
City Clerk Worthing informed the Council.thatduring the recent
months every effort had been made to obtain the assistance, if not
the construction of sidewalks on Swinton Avenue which is a County
Road, by the Palm Beach County Commission, but that seems to have
been killed by recent action of the County Commission as reflected
in the following letter, received by the City Manager today, from
G. R. Frost, County Engineer, dated August 6th, 1965=
"Subject= Sidewalks on Swinton Avenue
We refer to our letter of June ?, 1965 on this subject, a copy
of which is enclosed for your ready reference.
The matter of placement of Portland Cement Concrete Sidewalks
on Swinton Avenue within the mulmicipal limits of Delray Beach
has again been considered. The Board of County Commissioners
has a long standing policy that it cannot equitably construct
sidewalks within City limits as a single construction measure,
and in view of the Budgetlimitations imposed at this time, we
will be unable to provide this construction as requested.
I trust you will understand the Board's policy in this matter."
The City Clerk suggested that this matter be referred to the City
Manager for review, possible sidewalk construction recommendations,
and estimated cost therefor. It was so moved by Mr. Saunders, the
motion being seconded by Mr. Jurney.
Mayor Avery 'said this sidewalk construction is of critical im-
portance and asked City Manager Gatchei to give it a priority in his
actions.
Mayor Avery also expressed his keen disappointment in the County
Commission in this matter.
Mr. Jurney said he would like for Mr. Skillman to know that the
City Council has been working on this matter.
Upon call of ro11, the motion carried unanimously.
X. City Attorney Adams announced that there would be a validation
hearing on the $2,000,000. Water and Sewer Bond issue on Wednesday,
August llth, at 9=30 A.M.
Xo Mr. Jurney referred to the large piles of sand along the C-15
Canal that was recently constructed through the Tropic Isle & Tropic
Palms area, and that said nuisance is within the City limits of Delray
Beach and should come under the heading of the Central and-South
Florida Flood Control District responsibility.
Mr. Jurney moved that the City Manager be directed to pursue this
and recommend to Council howthis nuisance can be abated, the motion
being seconded by Mr. Croft and unanimously carried.
X. Mr. Saunders said the City Council appreciates'the workdone..by the
City Manager and department heads on the preparation of the proposed
budget in such a short time following arrival of City Manager Gatchel.
10.c. City Clerk Worthing presented the following Bills for Approval=
General Fund $75,964.45
Water Operating & Maintenance Fund 5,949.59
Water Revenue Fund 50,000.00
Sewer Revenue Fund 5,880.00
The bills were unanimously ordered paid, on motion by Mr. Saunders
and seconded by Mr. Croft.
At 9=30 P.M., Mr. Saunders moved that this regular meeting adjourn
until 10=00 A.M., Friday~ August 13th, 1965, the motion being seconded
by Mr. Jur~e~-and unanimously carried.
~ ~ ~_ -7- City Clerk 8-9-65
226
226-A
I~F~OLUTION NO. 28-65
A RESOLBTION OF THE CITE COUNCIL OF T~E CITY OF DELRAY
BEACH, FLORI~, ASSE~SING'CO~T8 FOR A~TING
~ON CERTAIN ~S ~OAT~ ~IN 8~ CITY: S~T~G
O~ ACTUAL O03TS ~C~D BY SAID CI~ TO ACCO~IdH
S~H A~TE~ A~ ~ING ~E COST OF S~H
OF ~ NUI~NO~, A~ DEO~ING SA~ ~ TO BE-A
UPON SA~ PRO~R~ IN AN AM0~T AS SHO~ BY ~PORT OP
T~ CITY ~NAGE~ OP DE~Y B~CH, ~LORIDA.
~S. the Ott~ Oo~oil of the City of ~el~ay Beach,
on ,
of Ag~tl~ an~ l~th ef ~une, 196~ ~eola~e the e~stenoe
Santa upo~e~ta~n Io'~s o~ PamceIs 0f l~d, descmibed in a list sub-
mitted to them, fo~ violation of the p~ovisions of O~&nanoe
~S, pursuit to such declamation, the City 01e~k
City ai~ f~nish each of the mespeotive o~e~m of the lands
In sai~ 1~'~ with a n~ioe ~eso~ibing ~e ~t~e of ~e
Shat they ~st abate sal~ nuis~oe w~ thi~ty (30) ~aya~ f.a~ling
in which ~e City O~noil woul~ have it done, ~d the ~ost
woul~ be levied ~ an assessment ~ga~st sai~ p~o~em~
~S, the o~e~s hgrein~te~ n~ed did fall an~ negleot to
abate the nuisa~ e~mting ~pon thet~ mespect~ve l~s within the
time p~escmib~~ .in said notice a~d O~din~ce G ~, ~ the Oity of
De~ Beach] was ~equi~ed to and did enter upon ~ following
~d inc~ o~ts In abating the nuisance e~stl~g themeon as ~ese~lbed
in'the afo~es~id lists ~d
~S, the City M~a~er of the City of Delmay Beaoh, h~s.
suant t0 maid O~d~a~e G-~? ~d t~ City Chutes subsisted to the
City Council m ~eDo~t of t~ costs lno~red In abating the nuisance
as afo~esai~, said ~epo~ ~oattng ~e costs Be~ peace1 of land
involved,
NOW, T~O~, BE IT ~OL~ ~ THE OI~ O0~0IL O~ T~ OI~
OF DE~Y B~OH, P~R~A. AS FOL~WS~
1. That assessments In t~ In~ividual ~ounts as sho~ by the
~e9o~ of the City M~age~ of ~e Glty of Del~ay Beach, involvi~ the
City.~s cost of abatt~ the ~esai~ nu~s~oes ~on ~e lots om par-
eels of l~d deso~ibe~ ~ said report, a cody of which is attached
hereto and made a 9~t he,eof. ~e levied aga~st the D~oels of land
described on ~ai~ ~eDo~t an~ in the ~o~ts lnd~oate~ thereon. Said
aBsessments so"law&ed shall be a lien upon the
lots an~ Da~oels of lan8 desomibe~ in sai~ ~e~o~t, of '~e sa~e
nature a~ ~.o ~he e~e extent es the lien fop general'ci~ taxes and
shall be col~ecti~Ie i~the s~e m~eP and with the s~e penalties
and ~de~ the ease~ovielons as to sale ~d foreclos~ ~ ci~ t~es
ape collectible.
2. ~at the Cia.Clerk of said City shall, as soon as possible
after the effective date, ~ec~d a ce~ttfied copy of this Pesolution
In the office of the Cterk. of.~e Cl~uit C~t in-and fo~ Pa~ Beach
Co~ty, Florida, ~d shall .furnish to each of the ownems n~ed in
upon said Peport a notice that the Ci~ Council of the City of Delsey
Beach, did, on the 8th of March; 26th of April; and 14th o~ June, 19B5
oPde~ the abatement of a 6'err'sin' 'nd~s~'e 6~%'ing' ~n %heir described
p~operty ~d property o~er hav~nE failed to abate such nuisance,
within ~e 30 day period, wheP~pon it was abated by the City at costs
sho~ in said ~epo~t and such assessments aha11 be legal, valid
binding obligations upon the p~operty againa~ which said assessments
ape levied. This resolution shall become e~ective 30 ~ays f~om the
date of ad~tion, and the assessments eentai~d he~e~n shall become
due and payable thirty days ~te~ the ~iling date of the notice of
said assessment, ~te~ which ~te~eet ~11 accrue at the ~ate of
~eP a~ on any ~pai8 pomtion thereof.
PASd~ A~ ADO~ In ~_regula~ session on ~e 9th _ day
_ ~ Au~s$ ..... , A.D. 19'~'~ .
' MAYOR: -- '
. ·
226,B
COST 0F ABATING NUISANCE UN~ER ORDINANCE NO, O-l~7.
PROPERTY DE~CRIP¥ION ~ O?NE~ - ASSESSMENT
March 8, 1965 list.
Lot 15, Block 6~ Ruth E. Kannel '$~5.~U
April 26,_. 1965 lis.t.
West 50 feet ef Lot 39 and .....
East 25 feet of Let 40,
BloCk 5, Seagate Extension Charles R. Risdon, Jr. $ 18.00
West 1/4 ef Let 29, less a
parcel in the S. E. corner,
~ectien 20-46-~3 ' Moore-Hertz, Inc. $225.50
Let 11, Block,8,
Del Ida Park Elizabeth M. Mitchell $ 23.00
West 300 feet ef Lot 10, less
North 10 feet & less West 25
feet R/W, Block E, Palm Beach
S~hore Acres. Helen B. Stone $210.00
JuDe 15,,'~76~~ list.
North'100 feet of East ~alf .......
of'SoutheaSt quarter of Lot
1, Section 20-46-43 Milton'& Geneva $ ?2.00
Russell
ORDI-'~NCB NO. 28-65.
AS ORDIh~,NCE OF ~ Cl~Y CO~CI~ OF ~ CI~Y OF
BO~IES OF ~ CITY TO IN~E ~'ID
PRO~DI~ FOR ~ RI~ A~ OBLI~TIONS- OF
~S, ~LL~ A. ~ST and ~TRI~ R. ~ST (h~s wife) are
the fee s~mple o~ers of ~e property here~na.f~r descried, and
~S, sa~d ~ A. '~ST and B~ICE R. ~ST (his w~fe},
by ~eir petit~on, have consen~d and gi~n ~ss~on for ~e a~ex-
ation of said property by ~e City o~ ~lraF ~ach, and
~S, ~e C~ty o~ ~lray Beach has- heretofore been author-
ized ~ a~ex lands in accordance wi~ ~ct~on 185.1 of ~e City
~arter of said C~ty gran~d to it by~ the S~ate of Florida=
NOW~ ~~, BE IT 0~ BY ~ ~CI~ CO--IL OF
CI~ OF D~Y B~, F~R~ AS F~S:
~E~ION 1. ~at ~e City ~uncil of ~eCity of ~lray
Beach, Palm ~ach Cowry, Florida, hereby armies to said City
following descried ~act of land l~a~d ~n Palm ~ach ~unty,
Florida, which lies conti~ous to said City, to-wit=
~at tract of land, namely ~t 9, ~ke Ida Manor,
~r Plat B~k 23, ~ge 138, ~lic: Records of
Palm Bea~ ~unty, Florida.
SE~ION 2. ~at the boundaries of ~e City of ~lray Beach,
Florida, are hereby r~efined so as to ~nclude ~ere~n ~e a~ve de-
sc=ihed tract of land and said land is hereby declared-to
the cor~rate limits of ~e City of ~lray Beach, Florida.
SE~ION ~.t ~at the tract of land hereina~ve descried
hereby declared to ~ in Zoning D~str~ct R-~, as defined by exist-
ing ordinances of ~e City of ~lray Beach, Florida.
~ION 4. ~a2 the land h~einabove descried shall
ately beco~ s~ect to all o~ ~e ~ranchises, privileges, ~unit~es,
debts, obligations, liabilities, ordinances and laws to which lands
in ~e City of ~lray ~a~ are now or may ~, and persons re'sid~ng
thereon shall ~ deemed c~t~zens of ~e City of ~lray Beach.
iE~ION 5. ~at if any ~rd, phrase, clause, sentence or
part of ~is Ordinance shall be declared ~11egal by a ~urt of com-
petent jur~sdict~on, such re.rd of illegality shaI1 in no way
affect ~e remaining ~rtion.
PASSED in re~lar session on the se~nd and f~nal reading
on this ~e 9th day of Au~st, 1965.
/s/ AL. C. AVERY
ATTEST:
City Clerk
First Reading Jul7 26, 196~. . Second Reading Au~st 9' 196~
226-D
R~$O~I~TIONNO. 29-65.
A RES0Lt~ZON OF T~, CITY ~C~L OF ~
SPEC~Z~TIO~ ~ EST~ OF ~ST FOR CON-
S~U~N OF S~ D~S 2N IS~ DRIP,
~ IT ~S~ by ~e City ~cil of ~e City of
Delray Beach~ Florida, as follo~
1. ~at ~e City Mana~ shall secure plane,
f~t~ons and est~ma~ of cost for ~e cons~u~on of Sto~
Drains and a~nanues ~n Island Dr~ve, to~er
~8~lla~ion o~.necessa=y ca~ch Basins and ~n-Holes ~n con-
j~ution wi~ su~ StoPgaPs ~ drain-an area
te~i~d as ~e Dra~n F~eld Area.
2. ~at su~ plans~ specifications and est~ of
cos2 shall be placed on f~le in ~e of Eice of ~e City
~nmger, ~ ~e City Hall.
PASS~ A~A~P~ ~is 9th day of Au~s~, 196~.
/s/ AL~ C. AVERY
MAYOR
ATTEST:
/S/ R. D. WORTHING
CITY COUNCIL
Delray Beach, Florida
Re: Tropic Palms Subdivision
Gentlemen:
This report is responsive to a request 'by Mr. Frank Ellis,
a representative of certain property owners in Tropic Palms and a
resultant directive from the City CoUncil that I review the legal
responsibility for the paving presently required in the subject
subdivision. I have attempted to cover the financial'responsibility
of the City and h~.ve made certain other s~ggestions.
Tropic Palms Subdivision consists of four different plats,
as follows:
Plat No. 1, as appears in plat book 25, pages 99 to
102, subdivided by South. Coast Development
Oorporatic~, signed by Henry J. Mellon,
President, was approved by the City
September 25, 1957~ and the County on
October 7, 1957.
Plat
No.
2,
13Sa, s. ubdivided by South Coast Develop-
as ppears in plat book 25, pages 135 and
merit Corporation, si~ed by Henry J. Mellon,
President, ~aa approved by the City Januar7
13, 1958, and the' County on February 10,
1958.
Plat No. 3, as appears in plat book 25, pages 137 to
139, subdivided by Tropical Palms, Inc.,
signed by Henry J. Mellon, President,
approved by the City, January 13, 1958 and
the County on' February 10, 1958.
Plat No. ~, as appears in plat book 25~pages 1~O and
~ signed by Henry J. Mellon, President, was
'i approved by the City, January 1.3, 1958 and
the County c~ February 10, 1958.
The above t~o corporations merged imto one, known as
Mellon Land Corporation on May 25, 1959.
Mellon Land Corporation has transferred its holdings to
Nor Mel Investments, and the iota still owned by that corporation
are designated in green on a map which is attached hereto as
"Exhibit A". Please note that one Charles E. Schmidt now owns
almost all of the lots in two of the four sections. His holdings
are designated in orange. The map also shows the streets which
were completed according to City Specifications (black), those
that were partially completed (red), and those which have never
been opened. The relatively few im~roled properties in this sub-
division are designated in blue.
Attached hereto as "Exhibit B" is a survey from Mark C.
Fleming, dated February 18, 1965, Stating that the partially
completed streets are badly deteriorating and recow-endlng that
these streets, having inhabited dwellings abutting thereon, should
be given preference. He lists:
Heron Drive, 1~OO lineal feet
Ibis Drive, 300 lineal feet
Jaeger Drive, 1200 lineal feet
Curlew Road, 12OO lineal feet
He further cotnts that this amounts to a total of A1OO
lineal feet or 10,O22 square yards, which he estimates at 35~ per
square yard would require a total estimated expenditure of $~,510.
For those of you unfamiliar with this situation, t~e City's
comprehensive aubdivisic~ ordinamce ~as not enacted until the latter
part of 1958 - almost ten' mc~ths after the last of the Tropic Palm
Plats were approved by the City Council. As a consequence, no bond
was required of the developer to insure the improvements shown on
the various plats, and although Mr. Fleming alludes to a legal
agreement with Mr. Mellon ~hereby he was to install all required
streets in accordance with City specifications, a careful search
of the City records has failed to disclose any written agreements
to that effect. Neither do any of the Petitions for annexation
which were filed in 1957. Mr. Mellon does mention that he intends
to improve the streets in a letter to the Council, dated May 25,
1960, and in the same letter he mentions that MeLlon Land Corpo-
ration has the necessary funds, in escrow, to complete the water,
streets, drainage, etc., in all of Section 1 and at least half of the
2nd Section of Tropic Palms. ~'nile this may be persuasive in
negotiating for the purchase of the water franchi~ and distribu-
tion lines in the subdivision, etc., it is not, in my opinion,
sufficient basis for the immediate institution of legal ~oceedings
for the cost to the City in paving partially improved streets.
It would not seem practical in a report of this mature for
~e to include an exhaustive explanation of the law relating to
dedications, but in my opinion those streets which are inhabited
could probably be considered as accepted by the city, and it would
seem that the Council might decide to repair the above specified
streets o~ that basis, and handle the repairs as a maintenance item.
It is well settled law in Florida that. the recording of a
plat is merely an offer to dedicate the streets thereon to public
purposes and that until accepted such offer may be revoked. W.eber
.V.. Hollywood (19~O, Fla.) 120 BOZd 826. However, a certificate of
approval obtained from the county, to~n or municipality as required
by statute (177.10) as a prerequisite to the recording of a map or
plat does not constitute a formal acceptance of an offer to dedicate.
10 Fla. Jut 'Dedicat~nm Sec. 18. Acceptance may, however, be im-
plied from any acts cn the part of public authorities showing an
intention to accept . . . i.e. the announcement of a municipality of
its intention to open a street constitutes an acceptance of a dedi-
cation of the street.
226~
In addition, there are rights acquired by persons owning
lots adjoining dedicated streets as shown by plat. These rights
acquired by purchasers under a plat are described as "private"
rights in the nature of implied easements and they exist inde-
pendently of any public rights arising out of a dedication. No
doubt, if legal proceedings were commenced, the private owners
would have a much stronger cause of action than the City as a
whole; however, since there are taxpayers involved, naturally, you
as a Council might feel a moral responsibility to do whatever you
can to alleviate the situation.
As you know, whenever streets are opened, improved and
graded, the property owners are usually assessed on a front
footage basis due to the fact their property is improved. The
fact that a subdivider has promised to make these improvements
does not alter the sitt~tion, and if the developer defaults, the
City can still make these improvements and assess the property
owners. It is a regrettable situatic~, but one whi ch should not
reoccur due to our subdivision control ordinance.
To digress slightly, I ~ould also li~ to point out that
a sewer franchise was granted to the original developers of Plats
~2 and ~3. This agreement provides, among other things, that it
shall extend for a period of 30 years; however, it gives the City
the right to purchase the system at any time after f~ve years from
June 1, 1959, at the appraised value. No improvements have been
installed to date, and t~erefore, I would recommend the l-~ediate
purchase thereof, which, in effect, will mean paying nothing for
nothing to cancel the franchise.
There is also a water aSreement, dated June 1, 1959, between
the City and Mellon Land Corporation, which was assigned to Dslray
Beach Utilities, Inc. on January 26, 1962. This agreement covers
226.~
all four sections of Tropic Palms amd is also for a d~ration of
thirty years. The City now has the option of purc~msing said
system for oma-half the gross installation price, and perhaps
consideration should be given to ordering a cost analysis.
Undoubtedly you will wish to seek the City Manager's
concurrence in my following recomeendat ions:
1. That the City Manager be instructed to obtain bids for
the improvement of those porti~s of the uncompleted streets in
Tropic Palms which are abutted by habitable d~ellings.
2. That the City Att~ney be instructed to prepare a
Resolution which can be recorded, and which will notify any property
o~ners in the remain'lng areas that any streets not constructe~ in
accordance with City specifications will hereafter be either con-
structed by the future Developers or on an assessment basis with
the abutting property ewners paying for said imprevements.
3. That the City Manager be instructed to cancel the sewer
franchise relating to Sections 2 and 3 by ~rch~sing the system
for its appraised value.
~. That the City Manager be instructed to contact Mellon
Land Corporation an~ its assignee, Delray Beach Utilities, Inc.
to determine the amount involved in p~rc~asing the ~ater facilities
in the subdivision to ascertain whether it is feasible to co, sider
the cancellation of the existing ~ater franchise.
Respectfully submitted this /Z ~day of July, 1965.
CIT~ A?TC~NEY