08-23-65 231
AUGUST 23, 1965.
A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the
Chair, City Manager David M. Gatchel, City Attorney John Rosa Adams,
and Councilmen J. LeRoy Croft, James Ho J~ney~ Jack L. Saunders and
George Talbot, Jr., being present.
1. An opening prayer was delivered by the Rev. Robert G. Moray.
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 August 9th and 13th, 1955,
were unanimously approved, on motion by Mr. Croft and seconded by Mr.
Jurneyo
3. Mr. Frank F. Ellis of Tropic Palms Subdivision asked about the
proposed paving program for that subdivision, and City Manager Gatchel
said the 1965-66 proposed budget includes certain items for the Tropic
Palms area~ further, that he would be glad to apprise Mr. Ellis of the
portion of street paving that has been included in said budget.
Mr. Ellis was directed to contact City Manager Gatchel concerning
this item.
3. Mr. Jo Wm. Schmalz~ 200' Andrews Avenue, asked if anything had been
done concerning a recommendation he made earlier during the yea~ about
1saYing's 'pardi?n of the beach for use Of ~the ~,ublic rather .t~ a,n :per-
~i~ting .the cal~aria' C°nces~ion~ to use it: in the ,mannerJ~,the¥ ha¥.e.:/in
the P.a. st;-' ...u ..: '-, · . ' .... : ' .... - ' .....
· Mr,,. ~irneY'said h& -:~$= fami!iar'with this'item, ad' ~o Talb~ot~, Mr..
D.' G2 ':campbeil, Mr. LOuis Tendrelli, Mr. Luke Wilson the Beach Super-
visor, and h~mself had made a .survey .of the .beach .and ,had a drawing
Prepared by t~e Cf'tY 'Engineer,. but' there is'not m~ch tha-t can be done
~t,present,a~s they are wai. ting for the PeOple holding .theSe.beach con-
~e.~'aion' license's' tO' retu~ ~ th~ fail'and' at that '-t~me some
ff'~'&:t[or~y arrangement will be worked out.
Mayor ·Avery asked Mr. Schmalz to contact City Manager Gatchel and
~CCl~.a!nt h~'m with this' prOblem. ~ ' ' ....
~;" Mr. Paul H®rig, a local contractor, informed the Council that he
had today requested permission from the Building Dep~,rtment to e,.re~t
~jsign in f~ont of ~hls c0mmercial proPertY loca%e'a at` 347 'N, 'Es 51th
AVenue., and was told that there is an .ordinance prohibiting any signs
£n the 10 f0ot setback from the sidewalk o~ ..'the SoUthbOund Federal
~ighway. Mr. Herig said he had also' ask'ed if he could use ithat 10
fo0t' -s~tback area for parking and was" t01d' that he:. C~uid ~t~ ~se it
without violati~g 'an ordinance, but that' he COuld use '~hat
10 foot strip of property for shrubbery, providing it did not exceed
three feet tn height,
- Mrs, Herig said that' 'on the way bac~ to his office he. 'dr0~ve ars ,u~.d.
the 'block gnd 'counted .41 signs' and 122~ automobiles in': V~olat'£on
said 'ord!nancea~ furthers, that' he would like to knoW if 'he is be.ing
discriminated againSt~ Whether DelraY Beach i's lax in' enforcing their
ord~nces~, or whether he had been misinformed concerning the
nanceso - . . , ..
May0r'A~ery sa, id that Mr~ 'Herig is entitled '2o a~ answer 'to.his
questions, and..feel.~ the: o~ly thing 'the council' can do,at' this
and 'inf°~' ~r. '~L,g':a,d'~e c~Uncil of hie fin~ing~ ~ae co~ncii.
a~gre, e.d.. tcf, .~h. is p~.Ced..uz:e
4,-~. M~... Ct, oft read the folf6wing Beautification "committee-mee~t£ng
~i-~u~dS"of June isth, l~',
.. ; u", .'-: ' 8~23-~. 5".,.:
:.
2,'32
"1. Plans for landscap~g West Atlantic Avenue were submitted
to the Committee by Mr. Jerry Hughson and approved.
2. A motion was made and carried to set ~he 1965-66 budget ~or
operating expenses at $2,$00. to be allocated for the final beauti-
£icatton of West Atlantic Avenue. It is to be explained to Mr.
Worthing that the figure c&n not be broken down since it is impos-
sible to know at ~his time what tlose ends* will have to be taken
care of after the civic clubs and Chamber of Commerce have done
their part.
3. A motion was made and carried that both Mrs. James Bowen and
Mrs. Weldon Evaul be reappointed as members of this Committee to
serve two-year terms. (Council action)
4. Following a discussion of the Andrews Avenue Bird Sanctuary,
a decision ~as made to postpone any action until a further study
'could be made.
5. Possible me,hods for beautifying the west Atlantic t~ea~o~rd)
Railroad station area were discussed."
Concerning item 3, Mr. C=°ft moved that Mrs. James Bowen and Mrs.
Weldon Evaul be reappointed as members of the Beautification Committee
for two-year terms, the motion being seconded by Mr. Jurney and unani-
mously carried.
Mr. Croft then read the following Beautification COmmittee minutes
of August 19th, 1965:
"1. Mr. Merritt reported that the civic signs are completed
except ~or the lights.
2. The Committee commended Mr. cartes on the attractiveness of
5th Avenue at 8th Street, ~ioh is now completed.
3. The committee also expressed great Pleasure over the job being
done by the City in beautifying East Atlantic Avenue. and recom-
mends that it be continued up to the F.E.Co railroad crossing in
the same manner. This was a planned project of the Committee and
permission has been granted by the F.E.C. (Council action)
4. A motion was made by Mr. Lankton and approved that Mr. Joseph
Sante be appointed to this Committee to serve a two-'~year term.
(Council action)
§. The Committee discussed and heartily supports the proposed
ordinance recently submitted by the Planning Board, which would
require fencing and enclosing all J~nkyards in the City. This
would be our part in a nation-w~de drive to rid the countryside
of such unsightly eyesores.
6. Since an herbiologist had advised us that the ~rees surround-
ing City Hall are in need of trace minerals, Mrs. Evaul has of-
fered to donate a supply to Mr. Cartes for application.
7. A letter was read re: an all-day beautification workshop to
be held November 12th at St. Petersburg by the Florida-State
Chamber of Commerce. Since $$0 was budgeted for this purpose,
it was decided to ask Mrs. Little to' attend as representative
of this Committee.
8. Mr. Lankton requested that the secretary write the City
Manager of Fort Myers and ask how they.handle the removal of
garden clippings and trash. It was his observation ~hat clip-
pings ace ~e~e= piled in front of: houses .' .......
233
go At a suggestion made by Mr. Lankton~ the committee recom-
mends that the Planning Board serve as an ArchiteCtural Control
Committee for any future commercial buildings. Although this
committee would have no legal power, it c°uld promote and en-
courage g~eater beauty in the design of buildings and grounds.
Such a committee has been functioni~g with great success in
cities such a8 Atlanta, Georgia. The attractiveness of the
new Sherwood Park ..Shopping Center is an example of ·what good
planning can produce.
10. Mrs. Plume brief1y explained an offer which has been made
by the League of Women Voters of South Palm Beach County to
assist this Committee in conducting an open forum to promote
greater public interest in City beautification. The committee
decided to think more about it and present their ideas at a
future meeting. Mr. hankton suggested that a series of news-
paper articles might serve the same purpose as it is difficult
to get good attendance at a public meeting.
11. Mrs. Plume reported that a request had been made by Mrs.
wayne Morgan for additional beautification of the American
Legion Little League Field. It was decided that nothing could
be done since portions of the lease, as read by Mr. Merritt,
state that 'lessees will agree at all times to keep said pro-
pert c.~ear of, ~sh~,ubbe..ry ~.a.nd other ,,~n~erg, ro..wt, h,
for ~'~'[g:':~e,'.' ~,nd he Would like* for the City Manager to see that
~t wa~. pointed ou~ that money had been. budgeted ~r beautification
Con~=~l' co~i2te~ ~0~ future ~ercial buildings, and: suggested that
~e: .PI. annie'. B~a~d, Beautif~cation Co~it_~e, City -A~tOr~eY Adams, and
~i~ '~bCedU=~.~'':~as'''ag=~eabie to -the Council.
Beach Taxpayers League,
Business & Profeeaional Woman's Club,
and Zonta International Mrs. D~ro~hea Montgomery
League of Women Voters MFo. Phyllis Plume
Rotary CLub Mr. ~ary ~oder
5. Mayor Avery announced that ~he City Council had completed their
workshop meetings on the 1965-66 proposed'budget and that there would
be a half mill reduction in taxatio~! further~ "Mr. Worthing, the tax
assessor feels, and ~he city Council concuza that our valuations are
at the fair market~malue, so we are not going to change the valuatiOnSo
We are going to cut taxes a ~alf mill. You are going to pay less
money than you did last year, in the City. The public should know and
should be proud of the fact that the City Cot~lciI in doing this has
not restricted any services. In fact, in performing a 25 per cent tax
cut in the last couple of years, we have increased services such as a
five day, forty hour week for our police, a pension program for our
employees, and microfilming of our ~eoorde. We have constantly in-
creased these things that have human value and the services to the
public."
a.a. Mr. Ju~ney mentioned h~s recent observation of the excessive
speed of trains going through Delray Beach and asked if something
could be done~concerning a speed limit on the trains.
Following discussion, Mr. Jurney moved that the City Manager check
into the speed of the trains coming thro~t~ the City limits of Delray
Beach and make a recommendation° The motion ~as seconded by ~.
Saunders and carried unanimously.
6.a. Concerning consideration of providing public parking.facilities
on Bronson Street~ City Manager Gatchel informed the Council that in
compliance with their referral on July 26th, the Traffic and Parking
Committee considered .the. proposal of the First Presbyterian Church
relative to making possible public parking facilities on the Church
oWned parking lot. Further, that said Committee recommends to Council
that this parking lot be improve~ by the City, in exchange for a work-
able lease, to be draw~ up by the City Attorney, and ~o reflect there-
in the right of first refusal should said parking lot ever be offered
for saleo
The Councilmen were presented with the following memorandum and
accompanying drawing £ro~ City Engineer Fleming, dated August 19th=
"Attached is a drawing showing the proposed construction and
layout to provide a perking lot for fifty-slx cars on the
property of the First Presbyterian Church on Bronson Street.
It will be noted that the entire area is not utilized due to
the deep slope On the easterly edge t~hich would require the
construction of a retaining wall if i~ we~ paved right up to
the edge, The parking layout recommended includes ninety de-
gree parking with a twenty-four foot lane between. This pro-
vides the most versatile parking lot in that it can be entered
or left from either d~zection and parking available on both
sides.
In order to properly drain this area, it weuld be necessary to
re-work all of Bronson Street literally from the southerly edge
of the proposed parking lot, providing an inverted crown to carry
the flow of water from the paved' area to the southerly gutter of
Atlantic Avenue.
An estimated cost of this cons~uction~ if done by contract~ is
$6,690."
Mayor Avery asked for clar£f~cat~on of the recommendation for con-
struction of a retaining wall if the parking lot is paved right up to
-4- 8-23-65
235
the edge, and City Sngineer Fleming informed the CoUncil there is no
objection to parking a car on a' norm&l slope, and continued: "In this
case the siope is very steep at that end, running up to about ~hree
feet per car length, which would require either a retaining wall or
some measure of leveling or grading off. It seems more economical to
sacrifice that small proticn of the lot in addition to saving the
additional drainage which would make additional runoff that would come
down from that steep slope at that point. EconomiCally it seems more
feasible to plan it that way."
The Engineer reported that only 8 or 9 more cars could be parked
if said corner was used, and that the high portion is on the east and
slopes downward to the west.
City AttOrney Adams commented as follows: "If you generally ap-
prove of the idea, the action WOuld be to refer it to the City
and City Attorney to draw Up a workable lease, present same to the
Church and come back with a lease at the next Council meeting."
During discussion it was pointed out that the estimated cost of
this COnstruction, if done by contract, is $6,690. and that there are
no funds for same in the cOnstruCtion Materials Account for Streete &
Highwaysl therefore, cost for same ~ouXd have to be transferred frbm
the contingency Account.
Mr. Saunders moved that the City Attorney and City Manager be
directed to prepare a workable lease, submit it to the Church and' then
to Council for consideration. The motion was seconded by Mr. Talbot
~"~:.:O~'N:~W' ~d:AV~DU~ ~X%ending southward from N, W, llth Stree~.~
Wi~e: .sen~ :':~o~: ~ubih' c~ns2~ot~on Com~n~. Hardrives-,~ ~,lnC,, '~tercounty
~atr.uctton ~o:,:,, Dixie: Asphalt of ~st. P~m, Beech,:: C.le~y,
hav~ng: paV~ng c~nt~e~0~s' licenseS, ' a~:' 0~e~-' s~all:' ~n2raCtors: b~
given .invitations.to bid on said ~vinq job~. and ~, Sa~d~s moved
· ~at ~e one b~d .be .'=e~e'ct~ and~: ~nvitat~ons'. to. b~d' be. 'resubmitted.. ~n
be SOl~c!~ed~ and~e'Ci~ s~m~tting a price ~at ~ey,
236
8.a. City Clerk Worthing presented Resolution No. 31-65, and explain-
ed that said resolution provides for estimated cost for such drainage
improvement, the boundaries of the district ooraprising the property
which Council deems will be specially benefited by suah improvement,
identifying the lands contained therein, and Council determination as
to what portion of the total cost of said improvement shall be assess-
ed against said benefited lands, method of payment of assessments and
number of annual installments.
During discussion, it was pointed out that the streets in Storm
Drainage Sections 0 and S had not been given a complete resurfacing
Job following installation of sanitary sewers in that area las~ year,
and that storm drains should be installed in Island Drive at the time
that street is torn up for sanitary ~sewer installation this year.
The Council was informed that all the .storm drainage jobs during
the recent years had been. done with the City participating in 20 per
cent of the cost and the benefited properties participating in 80 per
cent of the total cost, with the exception of the Andrews Avenue pro-
Ject in 1957 where the City participated in 33 ~/3 per cent of the
cost and the benefited properties participated in 66 2/3 per cent of
the total cost, that basis of assessment being used as Andrews Avenue
is a main artery for traffic. ~
Mr. Talbot asked if this proposed storm drain installation would
be redoing any work that the residents in the area had previously been
assessed for, and City Clerk Worthing stated that in June, 1952, the
City of Delray Beach installed a storm drainage system down Sea Spray
Avenue assessing the total cost to the then benefited properties.
City Engineer ~leming said it is a determination to be made by the
Council whether or not an allowance should be made for that 1952 as-
sessment, and Mayor Avery asked what assurance these people have in
the future that this Job wi11 not have to be done again. The City
Engineer said the City no~ has a registered Engineer and that the
plans had been prepared by a registered engineering firm.
City Attorney Adams said the property owners there have a legal
remedy if they can show their property isn't improved by this improve'~,
ment, they can contest and defeat any liens..
Mr. Sounders asked if there is some provision that this area would
not be flooded when the Intraooastal Waterway is high, and City
neet Pleming explained that tide gates would keep that from happening,
also .the elevation of the streets are such that it will' not flow back
and flood the area.
Concerning assessment of cost of said storm drainage installation,
Mr. Croft moved that it be on the basis of the City paying 20 per cent
and the benefited property owners paying 80 per cent of the total cost,
the motion being seconded by Mr. Jurney and unanimously carried.
RESOLUTION NO. 31-65.
A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF
' DELRAY BEACH, FLORIDA, ORDERING ~ CONSTRUCTION
OF STORM DRAINS IN SECTION "O" AS SHOWN ON STORM
DRAII~%G~- SYSTEM SURVEY PIl2~ T. F. 1868-Q, TOGETHER
WITH THE INSTALLATION OF CATCH BASINS, MAN~HOL~S
AND .APPURTENANCES IN CONJUNCTION WITH~ SUCH STORM
DRAINS.
(Copy of Resolution No. 31-65 is attached to the official copy of
thsse minutes.) (See Pages 2~-~
Resolution No.- 31-65 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Croft and seconded by Mr.
Jurney.
8.b. City Clerk Worthing presented RESOLUTION NO, 32-65.
A RESOLUTION OF THE CITY COUNC -I~. OF THE CITY OF. DELRAY
BEACH, FLORIDA, ORDRRIN~ THE CONSTRUCTION OP STORM. DRAINS
IN SECTION "S" AS SHOWN ON STORM DRAI~IAGE SYSTEM SURVEY
FILE T.P. 1868-S, TOG~HER WITH THE INSTALLATION OP CATCH
BASINS,.,.MAI~-HOLRS AND APPURTENANCES IN COI~JUNCTION WITH
SUCH STORM DRAINS. -6- 8-23-65
........... -- ................. ................................. 237
(Copy of Resolution No. 32-65 is attached ~o the official copy of
these minutes.) (See Pages 2~-E thru
Resolution No. 32-65 wae unanimously ~sse~ an~ ~op~ as pre-
sente~ on th~s first an8 final .rea~ng~ on motion by ~. Sa~ers and
sounded by ~. ~oft.
8.c. ~e City Clerk presentea ~SOL~ON ~. 33-65.
A ~SOL~ION OF ~ CI~ CO~CIL OF ~' CI~ OF
~Y ~CH~ F~R~, O~ERINO ~ CONS~UCTION
INSTAL~TION OF ~T~ ~SI~,. ~N-~S A~ APP~TE-
~NCES IN CON~ION ~ .SU~ STO~ ~D~S.
(Copy of Resolutio~ No. 33-65 is att~ed to ~e official copy of
~ese minu~s.) (See Pages 2~-H & ~-I). -~-
Resolution ~.~ 33-~5 ~s ~ani~uslM Passed and adopted on
~i~st and ~inal ~eadin~, on motion b~ ~. Sa~de~a and seconded
J~rney.
City Clerk ~rthing ~nfo~ed ~e Co~c~l ~at ~ere ~d be p~-
lic hearings at the next regula= Counci~ meeting on Septe~er
for ~e pu~ae of hearing objections, if any, on said p~posed im-
provements as. set for~ in Resolu~ions No. 31-65,.'No. 32-65 and No.
33-65.
8.d. ('' ~[tY/Cle~ w0rth~n~ presentsd~ O~I~N~ ~. 27-69.
"' " DE~Y ~CH ~RTAIN ~ ~T~ IN SECTION 29,
CITY~ ~EFINING. T~,BO~RIES OF ~ CItY TO
~' 0~d~"Ce'"N&. 27~69 relative to pro~sed a~exation of a ~a=t of
~h~' :2; acres more or lees. ~is ~rcel o~ land lies 200 feet eas~
p~oposed S~a~e ~d 9 (X~95) and pe~i~ion ~or ~nnex~ .~e~eof
~his land and C-2 olaesi~ica~ion ~he~. Since ~ha~ p~lio heaFing~
gentlemen, which ~s. held in ~ese..cha~e~s ~o~ ~eks.:ago' ~onight,
posed zoning of :~a~ land', has been wi~~ and;. ~e~e,
conce~ning, th~ p~O~ty ~OVered bY Ordinance ~. 27~65, ~and tha~ he
feels ~e .Ci~y'.~.c~Un&i!.')~$::'alW~Ys been~:willing ~~° c00~erate wi~ any-
~ing reaso~ie:~O~=e~n~ng:ann~x~tiO~'0~ 'Pr°~erty ~ ~e City~ also
annexation~"~i~ property should ~ accompanied by plans of
moved that action on Ordinance No. 27-65 be deferred Indefinitely.
The motion was seconded by Mr, ~albot.
Mr. Jurney said that he had ~alked et length with Mrs. Joseph
Ellis about her property being annexed to the City and about the
advantages of being in the City.
Mr. Jurney said he is not in favor of property being annexed to
the City Just for the benefit of that property obtaining the zoning
they desire to increase the value of their property.
Mr. Kenneth Jacobsen, Chairman of the Pla~ning/Zoning Board, was
asked for his opinion on the proposed annexation and he answered as
follows: "As I understand it, this piece of property ~hat we con-
sidered is right across the street from C-2 Zone. When it was ~on-
sidered by the Planning/Zoning Board it was not considered on the
basis of extension of utilities, it was considered on a land use
proposition to come within the City. We did not thi~k that was spot
zoning at a11, and it was in line with good sound zoning."
During discus~ion it was pointed out that Tropic Palms Subdivision
in that area did not have City wa~er mains at this time, also that the
City only pays for the first fifty feet of e~tension of water mains
and the property owner pays the balance. It was also pointed out that
the Tropic Palms lots and other acreage within the City on the South
side of' Germantown Road were all zoned C-2, and lands within the City
on the north side of Germanto~n Road Just wast of the railroad were
zoned C-3.
Mr. James Richardson~ Jr., co-owner of the property proposed to be
annexed, informed the Council that their property south of Germantown
Road that was annexed to the City of Delray Beach this year ~n a C-2
zone was intended to be used for a paint testing area, but after
purchasing said property they found, that Interstate 95 would come
through that property and it would be conden~ned! therefore, they
purchased property on the north s~de of Germantown Road that would not
be taken into Interstate 95, and desired to have that property annexed
to the City of Delray Beach in a C-2 zone and use it for the paint
testing area.
Mr. Richardson was asked if he owned any properties in Steward
County or any o~her property in Palm Beach County abutting I-9S right-
of-way and he informed the council that the only property in either
of the two' Counties abutting 1-95 right-of-way are the two parcels
previously mentioned, on the north and south sides of Germantown Road.
Mr. Croft recalled Mr. James Ritterbusch~s statement a~ a recent
Council meeting that the Richardson p~perty located north of German-
town Road would be used in the interchange of 1-95, and City Clerk
Worthing said that Mr. Ritterbusoh had~ since that time, acknowledged
to Mr. Richardson and to Mrs. ~.llis that he was wrong in that respect.
Mr. Richardson said that he un~deretandsI-95 will be approximately
two hundred feet wast of their property that lies north of Germantown
Road.
Concerning Ordinance No. 27-65 being inde£1nitely deferred, the
motion by Mr. Croft and second by Mr. T&lbot were both withdrawn.
Following further discussion, Mr. Jurney moved that Ordinance No.
27-65 be tabled until the next Council meeting, the motion being
seconded by Mr. Talbot. Upon call of ro11, Mr. Croft, Mr. Jurney and
Mr. Talbot voted in favor of the motion, and Mr. Saunders and Mayor
Avery were opposed.
8.e. The Council was presented with ORDINANCE NO. 29-65.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA., PERTAININ~ TO THE LICENSING
OF CATS WITHIN THIS CITY~ PROVIDING FOR AN OFFICIAL
CAT LICENSE TAG AND THE FEE THEREFOR~ PROVIDING FOR
IMPOUNDMENT~ AND PROVIDING FOR A PS~LTY FOR OWNERS
OR PERSONS IE POSSESSION OF UNLICENSED CATS AS
SCRIBED HEREIN.
May~r Avery said that several letters had been received concerning
said ordinance with some favoring and"some opposing the licensing and
belling of cats; further, that the City has no legisl~ation at ~is time
co. ring ~e ~ontrol of cats.
· ' ~e Co~il~n agreed ~a~ the p~lic ~uld ~ heard concerning
this O~d~ance, and ~s. ~gan G~aVes .said ~a~ she had belonged
~ou~teen h~ane societies ~oughout ~e Uni~d States and had ~ied
for fo~ years to get an animal rescue league in ~lray Beach~
she had ~irty ~ople ~o will dona~ to, rd same, inclUding
l~er co~niesi also four ca~n~s who ~ill ~o the ~rk.
Graves told of ~ of ~e animal rescue ~rk ~at she has done
~is area.
Mayor Avery infomet ~s. Graves ~at there had b~n $2~000.00
eluded in ~e 1965-66 p~o~sed budget ~o~ ~he purpose of providing
prope~ shel~r for animals .~til ~ey are picked up by ~e Animal
Rescue League~ and asked her ~ please conie: wi~ City Nanager
~at~hel as he ~uld be pleased to receive he~ ~uggestions concerning
~is it~.
~s. Benjamin F. P. lvina s~ted ~at she is ~e person ~o
ed ~is a~itation~ 'and ~at she is mu~ ~is~essed at ~e levity wi~
~ich this i~m has been ~eceiv~d, ~th. in'~e newspapers and ~onight~
i~er. ~at ~e issue ia ~ keep ~l~y ~aoh a, bi~d sanctuary.
~s. G. M. ~pham suggested ~at something be incorporated in an
o~dinanae which ~uld p~ovide ~at people wi~ ~s.,be re.ired
asses a ~es~nsibiltty ~o~ them. in regard $9 ~e rights .ct ~e$~
,)':; ':~ ci~~ ~'~'~. ~n~ ~e~ ~ 0~x~Nc~ ':~0;; ..'~9~ i~,.. !~.~ ~:!~'~:~
~9~: 0n Said' item~'. ~' 0f the,"~nts. ~ ~av~iP~ ~e'. !!~nsxng
0~'/t~ 'p~tinq 9ollars'On ~ats~ ' li~enS!ng of' c~ts 0.K.( ,~Ut~.n.,~_.
b~il~} '~' ~e cass had b~ co,la=ed aha"~l!ed 'fok'[~ea~S,
...... ~a~ ~a' 8ch~oedel~ 336 South ~in~n Avenue, complains8 of the
nu'ii~n~_.o~ dogs. !a ~eir.area_ and their i~bi!itM..~ sleep
":"'"~ A~e~' in~0~ed'~s, schr0eael 0f r~ent cor~e,P0naenc~:.'~rom
~." Stat~/S°i~d( O~ Heal~ ~hcerni~g: d°9s :tn De!taX ~a~, 'in~' abked
~ ? Cit~ Attorney Adams Said that Co=al. Gables has had. suoh an ordi-
~bell~8 C~/s'- !en' kilfing'~i~S" ;- i~ %~e, ',~ !°~s' re~'~
b~iil"~' of'cat~ /a~d ~ami sprin~S~"[ O~l~n~; 'Ouincey; ~!1aha~See
~e ~ N0," ~9L65-~/'~ie8' for' 'fur~e~ 'S~UdyJ' ~'e. m0tiin died 'for' ~e
~Ck .o~ a.. sec°~, and ~. Talbot ~ved' ~at: the. C~ty. ~nager.
C~pass an~.::' ~aie i'6~iegi!. ~0r ~e" ci%~"~0 ~n0t: only .pick .~P
'tirmtnl. wha~va S~a~' ea~' i;' ~eca~se. iva'/~:~[t'a~{, ci~ ~tra~;~
'/ :,~,':T!%~e"'sa~ia '~i. inte~retatton 0f a'u~ay cat 'f's 'a?~a~ on some
bis elSb~s~:'~roperty, causing a nuisance, '
D~ing~d!sCB~s!gn'. it ~s .~inted ou~ ~a~ ~e City ha~.~9 dog?,..,
~e~-i~w;:,''' ~::¥,'.' :.-.~, ,: ., :.: .... . ...- ..-.
";. ':/~";:~:~!a he"~oUght' the ,home animal law ~e~ds..~o'be '~--
i~_:a~' ~9'i~. of. th~:: P~eae~. a~i~Z o~a~an=e, be~auie.. ~! ~,..
-9- 8-23.65
might pertain to dogs that you would want. In other words, rewrite
it so that it is current, up to da~e#'and effective."
Mr. Saundere, in ee~onding the motion, said that was his desire.
Upon call of ro11, the motion carried unanimously.
Mrs. Lapha~ asked what had become of the dog leash law that had
been passed in 19S3, and the City Attorney said that he did not know,
but he did know that there is no present leash law.
Mr. Talbot said that he desired a leash law to be included in the
amendment to the animal ordinance.
Mayor Avery said that s~A=e there has been no action on Or~inance
No, 29-65 he would declare said item dead.
8.f. City Clerk Worthing presented ORDINANCE NO. 30-65.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELR~Y BEACH ~ERTAIN LAND LOCATED IN SECTION 8,
TOWNSHIP 46~.SO~TH, RANGE 43 i~AST, WHICH LAND IS
CONTIGUOUS TO EXISTIN~ MUNICIPAL LIMITS OF SAID
CITY! REDEFIN~N~ THE BOUNDARIES OF SAID CITY TO
INCLUDE "SAID ~LAND; PROVIDING FOR THS RIGHTS AND
OBLIGATIONS OF 'SAID LAND~ AND PROVIDING FOR THE
ZONI~ ~H~REOF, (60-3 N. W. 7th S~reet)'
(Copy of Ordinance:. No.. 30~65 is attached to the official copy of the~e
minutes. (See ?sg~ ~44-J)
There being no objection to O~dinance No. 30-65, said Ordinance
was unanimously passed and adopted on this second and final reading
on motion by Mr. Croft and seconded by MrS' Jurney.
9.a. ~The following Planning Board report~ dated August 19th, 1965,
was presented =
',The regular monthly meeting o£ the Plan~ing Board was held
on August 17th, 1965. ~hai~man Mr. Jacobsen, Mr. Davis, Mr.
Scheifley, Mr. Hanna, Mr. ~abler, Mr. Lank~on and Mr. Hughson
ware present.
A public hearing was held on a request to rezone from R-lA,
Single ~.Family Dwelling Dis~rict to R-3, Multiple Family
Dwelling District the following parcels of land~
Lots i through 11, Block 3, Section
and Lots i through 8, Block 3, Section B,
of Delray Beach Heights Extension.
Only the petitioners w~re present and there were no objections.
After considerable disa~ssion the Board recommends that the
request be denied. The main reason being that it was definitely
creating spot zoning, and that the zequested a~ea was too small
to warrant the change°"
Mayor Avery said that he had received a no~e. saying Mr. Gordon
K. M~ller, owner of a port~ of the above described property, wishes
· to have Council action on this item postponed for th4~ty days.
Mr. Saunders moved that this item be deferred for thirty days' and
brought back to ~ouncil at that time, the motion being seconded by Mr.
Talbot and u~&nimously carried.
9.b. The City Clerk read the following Planning Board report, dated
August 19th# 1965 =
".The request of Mr. Joseph W. ~n to annex into the City
a parcel of developed la~, describe~ as the S. E. % of the
S, E. % of Lot 19 in the subdivision of Section 8, Township
~6 South, Range 43 East, was received by Council on June 18th,
1965 and referred to the Plan~.g Board for recommendation.
O,~e
m -~ co ~e~t ~- ~e r
Orion ~. ~e 0t~.. - ne ~he*~- e~O~ena..~ P~O~er
""= Seconde~°n ~e'ba-~''e~ ~. a .... -"~°n of
:~ '. ~:'~P~le~ '-', *~a~eh'e? ~'~,. John
~ttn~ ca, .. ~... ' ' . ........ ';'. ..... ~,~, ..... :
?~aal -- ' ~ ~ ~ .'-~u:lS~=".L:,'~-, ' ' "~'~
b'" %::; .Ia dla~-'-. ~: P =kin- . ~.:: :.!a~ d to e
/eeo be I .......... , ~de ~ ....... .,- ~e
"' "" ' ~O~io. :-:~ a. SfiOb~:.~. ~,~t~r ev riga for
A le~- ' ......;,- .~q ~,~e~ :,,,"~ln~ ~.~,;~ ~arki~ ~ ~.r~~, of
~n~ -~__-~aa read ~ · - . .'v.. ~.- ~o ,~ ~:.: ~.Vl~
'~lit~,.~ ShOp O~ '-~ ~e eo~,,.. ' "..,~:-r.~t~ee;-~.:. ~ Ce
area. ~.. ~te~',~ ~' .~. S~ ;"~. ~rom ~ ,..
-~ :'~, ~eete.~ ~:. e die.uso._ ng lot b~ ', ~Oace~n~. ~'~.~, P2o~
'~:~: - - the ' 1Pal ....... ~,ue~-,
: ...... /
' ..... ~ ~ ,,:~ ' ,
' ' ~ , '":~'4-'~ .:'" /
-Ye°ate~'~ ~:,'~. ~gt~°~' :~- *'. - ,-, ....... ~. ~9~
' ~ : "il;- ' " : :.. ..re ene~oae~
"A. Cabinet work in pro-shop. 514.00
~.$. Eighteen {18) lookers, See catalog in Elliott's
office. 190.00
C. Security shutters. Ladies shower room privacy door. 153.00
D. Ten (10) w~odenbenches, shelves, storage,
(3 storage rooms) bulletin board. 421.00
Be Twenty-five (25) stack aluminum chairs (plastic
w~bb). 137.50
F. O~tside painting-2 coats stucco, 1 coat woodwork. 300.00
G. Locker rooms. Cost a~d iastallation charge for
installing fixtures: 2 paper holders. 2 soap
dispensers. 2 mirrors. 2 shelves. 12 racket
hooks. 4 towel holders. 219.00
H. Vinyl floor covering-ping pong room. 165.00
I. Heavy court roller. 9?5.00
J. Complete lighting for three courts. Coin-
operated (see drawing). ~_~ ' _4,122,30_.
TOTAL $7,196.80
The fence around six re-located courts must be repaired. This
fence was damaged by windstorm and washouts caused by construc-
tion of Atlantic Avenue. Construction company has notified Mr.
Worthing that they would take care of damages caused by them.
we realize that this list totals $2,824.56 more than the
$4,372.24 left in the reserve account for widening West
Atlantic Avenue.
We hasten to point out that we feel that lighting three
courts is a capital improvement and should be considered as
a separate item. Our neighboring cities have lighted tennis
courts. Our Delray Beach citizens must use these courts if
they wish to play tennis at night. There are many Delray
players that must play at night because of their-business
or professional activities in the daytime. Mr. Elllott,
our Recreation Director, the Delray Beach Chamber of Com-
merce and the Tennis committee are 100%behind this project.
Enclosed you will find specificationsand bids for listed
work to be completed."
The City Manager also presented th~' following letter to the City
Manager from Mr. Alfred E11iott, Director of Recreation, dated AUgust
16th, and the following a~countingof the unencumbered balance of the
Improvement Fund Reserve for WideningWest Atlantic Avenue!
"Re: Request by Tennis Advisory Committee for funds to complete
tennis court i~aprovements,
The Tennis Advisory Committee has submitted a request for
$7,196.80 to complete the improvements at the tennis courts.
There is a total of $4,372.24 left in the reserve account
for widening West Atlantic Avenue. This leaves a balance of
$2,824.56 which would need to be provided in some other way.
The municipal tennis courts are an important facility in the
~v. erall recreation set-up, and the Director of Recreation
recommends that the request of the Tennis Advisory Committee
for $7,196.80 be granted if the money can be made available
for this purpose."
"xMpRovEMENTFUND RESERVE FOR WIDENXNGWE$~ ATLANTIC AVENUE
August 23, 1965.
"!¢ -12- 9-23-65
"RECEIPTS
Transfer from General Fund $29,199.00
State Road Department 14,230.00
Palm Beach County 2,200.00
Interest on Investments , . 480.42
Total FLuids Available $46,109.42
,D, ISBUaS~MSNTS
Relocate Tennis. Courts
F. Co Feise Co. $13,824.90
Womack Sprinkler _..
Service 1,316,80
wilson Sporting
Goods Windbreakers 717.75
MOody Co. Tennis nets 346.92
Florida Fence Co. 690.00
Midland Products Co.
Power Roller ...... 35.3.98 .
Total to relocate Courts $17,250.35
TENNIS BUILDING
Ko Jacobson, Architect
Fees $ 900.00
J. Sinks, Contractor 16,831.51
$om~erford Construct. 5,439.00
.".5' A%~ltic I~surance
fence" '~ ..... ' 520.00_ ....
. .w.i.~n S~oz~i.'ng goods-
.... ['""~'Totai.'~'iid~A~'''. '., _ $24,422.34
~ ~.,TO.,tal 'En~u~ered C~st=s tO Date. $41,672.69
Unenc~r.?~,. 'Balance, ReServe_ fo=, ,Widening
The Ci.t~,Mana.ger said he.would: !i~e this item to be on the agenda
of the nex:ti ~..t~.citl.. meeting. = ·
City M~ager3Ga~h.e.,l sa. id that th; amount left in the reserve
account f~;:,~.~w!den.ing, West Atlantic Avenue as quoted in the Tennis
Committee le.tter i:s ~nAorr. gct a~.",~hiS'~.~,and~=that the correct
balance is as shown on the accounting sheet, in the amount of .., :...,
$4,4~.~.,~73m ~,-T~e,.:C~ty Manager continued= "The total request of the
Tenni~ ~ ~O~.lt~:: is for.:;~:?.~::l..96.80 as funds necessary to complete the
constru(~.:~n of the tennis f&cility: i:ncluding the night lighting.
The diffe~ren.c.e.v~th.er..e:.b_ein~, $2,_760,.0]..:; At the time of the writing of
these f!~ ~t: t.Wo lette~: ._w..e, .were....a~l~ ~_~.oipating a few costs which were
(Friday ~d.-.t~__~ay.) ..~.~¢~counted for and firmed up into this final figure
of the ba~laDce as. rePFeSented on page .th-res of' this presentation,"
City;,!Man~g~er .o,a:tahel informed. ,.th.e Co~Cil that Recreation Director
Elliott ~..a~,- ~..n~.t .w$:.th.._the..T:en~is Committee and had gone over the
commenda.tio:~s. ~a~d.~ req~e~ts-of said Committee, and the listed i~ems are
definite, needs in the ~omple%ion o~ the tennis facility~ further, that
the $4,4.36:t:7~ is ava, llabl.e~, at council d;tscretion, for payment of a
portion ..O,.f:~,.~aid 'expense, and that-the balance of $2,760.07 would
assumedly co~e: from:.:.thg~ .C~.~l~ge,~y 'AcCOrd.t..:.: ..
Dr, E, ' M;,.i parber,.,. ;,a_ ;~e~r~ ..of: .-~he Tennis Committee, ' commented on
the'~.,..l~tt,.e..~-:'~t0 the .Co.~nci.l~., and parti~u.larly on th'&""C0'St'-
three courts ~"-further, that Boca '~iJtO~ and.. BoYnton Beach bo,~. :,~
lighted coUrts, and some of the business men and
Beac,h.?=e ggi~g to. t/~e.~.~eighbori-~,g o£ties, t.o use the
~ ~:~i~'~-:~'ppor't"i~'~ '~h~'f~re, .the lights would be coin-operated, and
the 'iigh~ng"~ul'd be::~i~ ~Or'~y~the plaYers.' - '-. "'":" ~'"-'[~ ~:' '~
244
City ~anager Gatchel informed the Council that Finance Director
Weber suggested the Council may wish to pay the $4,122.30 lighting
expenditure of the three courts from the Cigarette Tax Capital Im-
provement Fund.
Mayor Avery said that sines there in sufficient money in the
ContingencyAccount, he would prefer that the money comefrom that
account rather than from the Capital Improvement Account.
Dr. Farber said that a few more weeks delay for Council action
would not hinder ~hem too muoh~ also that the proposed lights are
made so that they can easily be taken down if there ia a .hurricane.
Concerning insurance to cover said lights during a storm, City
Manager Gatchel said he would investigate same before final determin-
ation of Council.
It was reported that the fence on the south side of the tennis
courts had been greatly damaged by the contractors constructing West
Atlantic Avenue, and the contractors had informed City Clerk Worthing
that they would assume the responsibility for the washouts and dis-
location of posts, etc, on the south side.
City Manager Oatchel said the fence would be put back in a satis~
factory condition by the work of the contractors and the City.
Mayor Avery suggested that this item be tabled until the next meet-
ing and the City Manager be instructed to give the Council firm and
fair figures as to what the fence repair will cost the City, and what
will be taken care of by thecontractors. It was so moved by Mr.
Saunders, seconded by M~. Jurney and unanimously carried.
10.a. City Clerk Worthing presented Bills for Approval as follows~
General Fund $204,571.42
Water O~erating & Maintenance Fund 5~044o04
Water Revenue Fund 63,935.10
Refundable DepoSits Fund 18,190.15
Improvement Fund 14~021.78
The bills were unanimously ordered paid on motion by Mr. Croft
and seconded by Mr. Saunders.
The meeting adjourned at 10=55 P.M., by order of Mayor Avery.
. .R,, .D, ...WOa~H!.NG .......
City Clerk
-MAYO'~
-14- 8-23-65
coo cn. 0,.
~U~ZON OF S~ D~Z~S IN SECTZO~ "O" AS
SHO~ O~ S~ D~Z~GE S~T~' 9~Y F~
T, F, 1868-0, T~E~R WI~ T~ ZNS~L~TZON
OF ~ ~8IN8, ~N-HO~S A~ AP~~S
~ CON~ION WI~ 8U~ 8~ D~INS.
~8~ ~e City CO~C~l of ~e City of ~lray ~a~
Flo=~da~ d~d~ on ~ !4~ day of June, 1965, adopt Resolution
17-65 =e~r~ ~e C~ty Manager ~ prepare plans and e~c~f~t~ons
for' ~r~n s~,.~ains, and an est~a~ of cost of such ~ovement
~ ~ placed on file ~n ~e office of ~e C~ty Manager.
~, ~FO~, RE IT ~SOL~D by ~e C~ty Co~c~l of the
City of ~lray Bea~, FlOrida, ~a2 it ~s dete~ned to ~ ~e fel-
ling deser~d ~p=o~en2, to-w~t~
C~S~ON ~ S~ ~r Drains ~n Section
"0" as sh~ on Sto~ DraYage S~tem Survey
F~le ~. F. '1868-0, and the installation of
ne~s~a=y catch,b~s!ns~, man-holes and app~-
~e estimated esot ~or ~ ~mprovement
~17..600~00 and Benef!~d Dgatn Field. Ar~..
La~g Streea in fracti~a-1 .East half. of.~ctio~ 16~6-43~ ~ence
Not.easterly a~g said ,BreeZy... ~ne: and ~t~S!on, ~ereof ~ inter-
se~ion wi~h ~o,:~r~. line,of ~ach:.Drive~a. distan~ o~ 716.37 feet
~1~ ~enco ~8~rly along ~e ~r~ line of said Beach Drive
point of i~=Wlctionhw~~. ~o .~st li~e:.of O~ea~:Boule.vardr (A~)
~en~. ~z~eas~rly a!ong~. Sa~d ~st: l~ne o~ o~a. Boulevtrd a
A~es, ,. B~0~k. a (pl. gk;. 7'38) ~ ; ~en~e ~s-~riy :alOng.
to a ~n~ 26 ~t Easterly fr~ ~e East R~' line of An~e~ Avenue~
thence Sou~stor~in~r~ing ~e~. ~'~t.~.line,~ of ~t-
~. :b~d~:~t: 1~ and~n~n~ng ~U~wS~l~ a distance
~ a ~int 75 feet North of ~e ~uth l~no of ~t 10
Isle ~ thenee..~st~.ly.:on,, a ~ i~ ~0~-feet. ~rth-. of~. and. parallel to
9-46-43 a distance of 1~12.77 feet ~1 ~,a~int 45 ~e~t East of ~e
~n~ o~ ~n~rse~on w~h~.e:Sou~ ~ne of Beac~.D~ve~ ~en~
aas~xly al0ng~ia~d So~ ~e bf .~a~ br~v~:. ~ ~he ~0~st corne~
of ~t 14. Sea::S~¥Es~tes B/D' ~(PlJBk,(2ih-iS~, ~ence ~u~easterly
to a point 4~: feet SoU~· of ~e ~r~ 1
-~ ................. :' ~ ~ .... n~ 80: feet West
Bas2 l~e ;0~ 'Said ~'~f~ '~h~Ce>S~u~19~ a-.[i~n~ "e0'zei~ we~ ~
and~'.~l~,~, t~.. ~aJ~ ~':o~~: ~ts 14~::a~d.?i~;.~f~:~&~[d. ~e~'~a
ou. "bpray':'~O~s' a "d~eo'of 950 ~eot '": ~ ~: a '
~,.;..~ ~.T~.~..~ .~?. ~s~.. l~ne :~ ~t. 24, ~Sea ::~ra~ Es~6~} ~enue
.... - ..,.. ~: : ,~ .- ..... ~ ....... .~s~erly ~ line o~ ~ndrews
24~-B
Page 2. Resolution No. 31-65.
Avenue and continuing Sou~hea~rly'tO a point~in ~he center line of
Harmon Court which point ie 50 feet North of ~e ~u~ line of said
Laing S~ee~ ~en~ Easterly on a line 50 feet Nor~ of and parallel
to said Sou~ line of ~ing Stree~ a distance of 107.5 feet~ ~ence
~uthe~ly a dis~nce of 50 feet ~1 to a point of intersect~on wi~
the South line of Beach Drive~ ~ence Easterly along sai~ Sou~ line
of Beach D=ive a dis~nce of 150.47 feet ~1 ~o POint of intersection
with ~e "Broc~y L~e" being ~e
BE IT ~ ~SOL~ ~at ~e entire cost of such improve-
ment shall be shared by ~e City of Delray BeaCh, Flo=ida, and
following ~escribed properties in De.ay Beach~ Palm ~ach Co~ty,
Florida, on a basis of Delray ~ach paying ~nty (20) ~= cent of
cost of said imp=ove~nt and ~e ~o~rty o~ere of said
sho~ bel~, paying ei~ty (80) per cent of ~e ~1 cost by Special
A s se ssment ~
S~D~SXO~ LOT DESCRX~ION S~ F~TAGE
Palm ~aah Shore Acres Block E, ~t 12 lees
west 175 feet. 38,300
" " " " Block E, part of West 175
feet of Lot 12 less ~st
25 f~t ~. 14~ 753
" " " " . Block E, Nor~, half of ~t
. 13 less ~st 25 foot ~. 31,191
..... " Block E, ~u~ half of ~t
13 l~ss west 25 foot ~W. 30,986
Delray Isle Part of ~t A ~ 6,063
" " Part.of ~ 1 7~024
" " Part of ~t 2 7,500
.... Part of ~t 3 7~500
" " PaEt of ~t 4 7~00
" " Par~ of ~t 5 7,500
.... Part of ~t 6 7,500
" " Part of ~t 7 7,500
" " Part of ~t 8 7,500
.... P~t of ~t ~ 7,194
.... Part of ~t 10 9,494
" " Part of ~t 11 ~,142
Sea Spray. Esta~s Nor~ 67.5 feet of ~t 1
less West 78 f~e~. 10,433
" " " ~t 1 less West'82 feet and
less North 67.5 feet. 10~278
" " " West 78 fee~ o~-Nor~h 67.5
feet, and West 82 feet of
Sou~ 72.5 fee~ o~ ~t 1. 11,210
" ~ " ~t 2 10,500
...... Lo~ 3 · 14. 000
'~ .... LOt 4 14,000
" " " ~t*~ 5 * 14,000
...... ~t 6 10,500
" " " ~t 7 14~ 000
...... ~t 8 14,000
" " " ~t 9 10~ 500
...... ~ 10 14) 000
...... ~t 11 10,500
" " " Lo~ 12 14~000
" " " ~t 13 13,959
...... ~art of ~t 14 13~727
. . .. ~a=t of ~t 15 12,207
...... ~t 16 13,979
z~
...... ~t 17 14,114
..... ~ ~t 18 10,588
..... ~t 19 14,122
....... ~ 20 10,594
244-C
Page 3. ~esolution ~o. 31-65.
SUBD~ZSION. LOT DESCRIPTION S~UARE FOQTA.GE.
Sea Spray Estates Lot 21 - 14,129
" " " Lot 22 14,136
" " " Lot 23 10~ 606
" " " Lot 24 14,143
" " " Lot 25 14,147
.... " Lot '26 14,151
" " " Lot 27 10,616
" " " West 80 feet cf Lot 28 11,326
" " " LOt 28 less West 80 feet 16,753
Ocean Beach Part of the EAst 100 feet of
West 317 feet of North 100 feet
of :Lo~.?$.:,.less South: 22'~:Ee~,t 2,340
" " East 100 feet of West 417 feet
of North 100 feet of Lot 3 10,000
" " NOrth 100 feet of LOt 3 less
West 417 feet 32,885
" " South 70.5 feet of Lot 3
less West 462.5 feet. 18,980
" " East 112.5 feet of West
.... , 462.5 feet of South 70.5
feet Of LOt 3. 7,931
" " Pe=t of the East 130 feet of
West 350 feet of South 70.5
feet of Lot 3. 4,080
" " Northeast corner of East 75
feet of West 375 feet of Lot
4 less South 10 feet. 2,100
.... Northeast corner of East 75
feet of west 450 feet of South
60.5 feet of Lot 4 less south
10 feet. 275
.... Part of North 50 feet of South
110.5 feet of East 75 feet of
West 450 feet of Lot 4. 2,750
.... North 50 feet of East 75 feet
of West.450 feet of Lot 4; 3,750
" " Part of East 75 feet of West
550 feet of Lot 4. 9,810
.... Part of South 80.4 feet of :J~'.-
Lot 4.1ess West 550 'feet. 11,259
" " North 80.4 feet of Lot 4
less west 550 feet. !3,69.8
said benefits to be determined within the .Drain Field area in propor-
tion to the benefits which will accrue to said lands.
AND BE IT FURTHER RESOLVED that said special assessments
against all of the lots and' lands as set forth herein, which are
specially benefited, shall be and remain liens superior in dignity
to all other liens, except liens for taxes, until paid' from the date
of the assessment upon the ~espective lots elld~ parcels of land assess-
ed, and which aha11 bear interest at the rate of eight (8) per cent
per annum, and which may be paid in. three (3) equal yearly installments
with accrued interest on all deferred payments. .Payments shall be made
et the same place that taxes parable to the City of Delray Beach are
paid, namely, at the office of' the City Tax Collector, and ~Pon failure
of any property owner to pay. any annual~installment due, or any part
thereof, or any annual interest upon deferred payments, the.City of
De!ray Beach may bring necesga~ry l~ga~ proceedings by a Bill in Chan-
cery to enforce payment that. eof.with all accrued interest, together
....
Page 4. ResolUtion No, 31-65.
with all legal costs inourred, including a reasonable attorney's fee.
· he total amount of any lien may be paid in full at any time, with
interest from the date of ~soeaament.
IT IS ORDERED that the City' Council shall 8it at the City
Hall, in the City of DeltaF Beao~, Florida, at 8:00 P.M., on Monday,
September 13th, 1965, for the purpose of hearing ob~ections, if any~
on said proposed improvement, as set forth herein.
PASSKD AND ADOPTED by the City Council of the C~ty of Delray
Beaoh, ~lOrida on this the 23rd day of August, A.D., 1965.
/s/ AL. C. AVERY M A Y O R
ATTEST:
City Clerk
~iF~qRASa ~he City Council of the City of Delray Beach,
Florida, did, on the 14th day of June, 1965, adopt Resolution No.
16-65 requiring ~he City Manager to prepare plans and specifications
for certain S~oz~u drains, and an estimate of ~st of such ~m~rov~ent
~ be plaeed ~ file ~n ~e office of. ~e C~ty Manager.
~, ~FO~, BE IT ~SOL~ by ~e C~ty Co~c~l of
City of ~lray ~a~ Florida, ~at ~2 is ~rm~ned to make ~e fol-
CO~TION of S~rm Se~r Drains in Section
'S" as 8ho~ on Sto~ DraYage System Sudsy
F~le T. F. 1868-S~ and ~e ~nstallat~on of
no,essay ~t~.. b~a~s~ ~n-holes and appurte-
nance in ~n~C~[°n· ~ sueh' s~o~ drains,
~13:,300,00 and~ Be~of~2ed ~a~ Fleid Area de-
Comen~ et a ~i~t on ~e ~uQ ~ line of ~tng Street which
~s 149.71 feet .West of~e eBro~y~ l~nel '~ence ~r~erly 50 fee~
on a line para.1l*l ~ a No~erly extens~on.o~ the ~st l~ne of ~t 3,
V~ste ~1 ~r '(P[:'Bk.13-21)~ ~nce WeS~rly along e line ~=allel
the Sou~ ~ line of said ~g S~eet ~or a d~stance o~ 107.5 feet
~1 ~ the een~r l~ne of ~n ~urt~ ~en~ Nor~sterly ·
fence of 233.86 feet ~1 ~ a.~ln~ ,15,5. ~eet Nor~ o~ ~e SOuth l~ne
of ~n ~ach' ~t 3,, F~act~onal ~ of Section 16-46-43, and 290 feet
~st of the ~aat ~ l~ne of A~re~ Avenue~ ~ence Nor~erly ~ a
point ~$ 270 f~t East of ~e hsterly ~ ~ of And~ws Avenue~
~enoe ~8terly along ~e Sou~ l~ne of sa~d Sea Spray Estates S~
a point 80 fee~ ~s~ of ~e ~utheast ~er of ~t 15 ~h~eof~
~%F!Y' ~o ~in~ of ~rsect~on w~ Sou~ ~ line 'of ~ing
a d~a~n~ of 331.07 fe~.~:~lr ~ence Easterly along ~o Sou~ l~ne
of sa~d ~ng $~et. m.d~s~=e 0f ~28 feet ~1 ~ P.O.B.
~ IT F~ ~SO~' ~a~ .'~o entire cost of suoh ~m-
provement shall bo shared' by ~e C~tZ of ~lray ~eauh, Plo=~da, and
Florida, on a bas~s ~'o~ ~lray ~a~.paz~ng t~nty (20) per ~ent of
cost of sa~d ~mprovoment and ~e p~rty o~ers of 8a~d properties,
sho~ ~lowe paying e~ghty (80) ~r ~ont of ~he total cost by
Assessmen~ ~ .-
Page 2. Resolution NO. 32-65.
Water ~y~ne ~2 8 13,877
" " -" ~t 9 14,000
" " " -~t 10 14,000
...... ~t 11 14,000
..... ~t 12 14,000
~ean Beach Eas~ 100 feet of West 117 feet
of ~ 85 feet of ~t 3 loss
Sou~ 7 feet. 7,800
- " East 100 ~eet of~st 217
Sou~7 ~eet. 7,800
.... Part of East 100 feet of ~st
~7 feet of North 100-fee~ of ~t
3 less ~u~ 22 feet,
.... Part of ~st 1~0 feet of
350 feet of Sou~ 70.5 fee2 of
~t 3. 5,085
" " East 95 feet of ~st 220 feet of
~u~ 70.5 feets, ~ 3~ and
hst 05 feet of West 220 f~t of
Nor~ 49.70 ~eet Of ~t 4. 11,419
- ,, wee~'.125 feet o~ sou~ 70.5 ~eet
o~ ~t 3r and wes~ 125 ~eet of
North 39,19 feet of ~t 4, less
west l? feet for ~. 11,923
.... West 125 f~t
feet of ~t 4, also le0s~-s~ 11,963
17 feet and ~u~ 1~ fee~ for ~.
.... ~u~ 1~0 f~t of East 125 feet
Of West 250 fe~ of ~t 4 less
South,lO'feet m~mt 3o feet,' 9,S00
" ." EaSt ~0 f~t of West 300 ~eet Of
~ 4 lees ~u~ 10 feot~ ~,536
3T~~ feet of ~t 4 less Sou~
10 ~eE~ 9,205
- " Part of East 75 feet of'Wes~ 450
f~t of Sou~ 60.~' feeZ of ~
..... 4 lees Sou~ 10 feet.' .3}512
ll0.S fee~ of East 75 feet of
west '456 f~et o~ ~t 4. 1,000
.... part of ~st 75 fee~ of
550 feet o~ '~t 4. 1,500
.... Part of ~u~ 80.4 feet of ~t
4 less West 550 feet. 600
sal~efi~o ~o~ dete~ined wi~in ~o Drain Field area in pro-
~rtion to ~o benefits which will accrue to said lands.
A~ ~ IT ~ ~L~ ~at said 8~oial aoseoo~nt8
against all of ~e ~ts u~ lands as set fo~ herein, ~i~ are
~ ail o~er liens, =~ept liens for ~es', ~il ~id, f~m ~e date
e~, an~ ~uh shall ~ar ~n~res~ a~-~e 'ra~ of eight (8) ~r sent
Pac~e 3. Resolution NO, 32-650
per annum, and which may be paid in three (3) equal yearly install-
manta w~th accrued interest on all deferred ~ayments. Payments shall
he nu~de at the same place that taxes payable to the City of Delsey
Beach a~e paid, namely, at the office of the City Tax Collector, and
upon failure of any property owner to paY-any annual installment due,
or any part thereof, or any annual interest upon deferred payments~
the City of Delr&y Beech may bring necessary legal proceedings by a
Bill in Chancery ~o enforce payment thereof with all accrued interest,
~ogether with all legal costs incurred, including a reasonable Attor-
ney's fee. ~ne total amount of any lien may be paid in full at any
time, with interest from the date of assessment.
IT IS ORDERF~ that the City Council shall sit at the city Hall,
in the City of Del=ay Beech, Florida, at 8:00 P.M., on Monday,
September 13th, 1965, for the purpose of hearing objections, if any,
on said proposed imprcve~ent, as set forth herein.
PASSED A~D ADOPTED by the City council of the City of Del=ay
Beach, Florida, on this the 23rd day of August, 1965.
/s/ AL. C. AVERY MAYO~
ATTEST:
/s/ R. D. WORTHING
City Clerk'
~SOLt~:OB' NO. 33;'65.
A RESOLUTION :OF ~'~ C~ CO~ OF ~
OF D~y.~, ~R~, ~Z~ ~ ~_
~R ~TH ~ Z~8~TZO~ OF ~H
~S, the City ~cil of ~e City of ~lray Beach,
Florida, d~d, on ~e 9~day of AU~st~ 1965~ adopt Resolution
29-65, re~r~g. ~e C~'ty Manager to prepare plans and s~c~f~catio~
for cer~in S~ ~a~, and an est~ of cost'~:Of such ~mprovement
to ~ plaid, on f~le ~n ~e off,ce or.the C~ty ~nager.
NOW, ~~ ~ IT ~SOL~ by ~e C~ty Co,oil of
City of ~lra~ ~a~, F~or~da, ~at ~t ~s dete~i~ed to make
following descr~d im~o~nt, to-w~t~
CO~ION of S2o~ Se~r ~a~ns ~n
~ve, and the ~ns~llat~on of necessary catch
~s~ns, man-~les and "a~u~nances ~n Conj~c.
t~on w~ su~ s~ drains, ~e est~a~d
for wh~ ~rovement ~s $2,500.00 and' Bene'f~ted
Dra~n F~eld Area de~~ t0 be described as
follows = ..
~nce at ~ ~nt 50 f~t ~s~ of ~e East l~ne and 50 fee=
~e Sou~ l~ne of[~t 14, ~lraY. Isle. S/D (PI'~j ~24-165} for Nor~ of
Point of
~ginn~ng~ ~ence NO~erly 'along a l~ne 50 fe~t wes2 of and ~rallel
to ~e East I[ne of'~ts i4 and 27 a dis~nCe of 200 fee~ ~1 ~ a
point 50 feet'Sou~ of ~e Nor~.l~ne of sa~d ~t 27, Delray
~en~ WesterlY' al0ng a l~ne~50 feet ~u~ of and parallel to said
~int .of ~ers'e~lon w~ -~ n o~. Said. ~'t 24/ ~lray Isle;
~e~e ~U~rlY alOng ~e Wes2 l~ne of ~ts 24 and 17 a d~tanC~ of
20Q'feet ~1 ~o a point in sandiest linc'Of ~ 17 being 50 feet
Ngr~ 0f ~ ~OU~ ~l~ne of ~id lo2; ~ence' Easterly along a
feet NO=~ ~f and: ~rallel ~ ~e Sou~ line of ~ts ~7, 16, 15 and 14
a d/stance of 350 feet ~1. ~
~ ZT Z~ ~SO~ ~at ~e ~nttre cos~ o~ ~ueh improve_
ment s~all be sha~ed by ~e City o~ ~ay Sea~, Plor~da, and the
~ollo~ng deS~d pro~rt~es ~n ~lray Beach, Palm ~ach
Florida, on. a[ bas~s of ~lray ~ach' ~y~ng 't~nty (20) ~r cen~
As~ssment-= -;-w~ -~-~y .tuu~ ~r can= of ~e ~O~I =ost by Spec~l
D~lray..ISle. Part of ~t 14. 4,.000
Part of ~t 15. -
.... 8,000
. ,, Part of ~t 16. 8,000
~t of .~ 17.
- ,, 8,000
. . Par~ of ~t 24. 8,000
. ,,. ~ of * ~t 25. 8, 000
,,,?~ ~:~ , ,,~,'~=~.: of"~t. 27.. 4,000
~r.~:~:.~ ~. ~ ~ ... ~ ~O~ . .~f~t~s~ . *~i~h_ ~ .~.~-~'w~/i accrue to said lands.-
:: ~ T. .'; .~ ......
Page 2. ltesolut:Lon So. 33-65.
AND BE IT RESOLVED that said s~c~a~ a~sess~n~ against
all of the lots and lands as Set f~r~ he~e~n, ~ch are speo~ally
~nef~ted, shall ~ and remain liens sunroof ~n d~ty to all
o~er l~ens, except liens for ~xes, ~t~l ~, f~ ~e da~ of
the assess~nt u~n ~e ree~ot~ve lo~ an~ ~cels. of ~nd assessed,
and which shall hear ~nteres~
a~, and wh~ ~y ~ ~d ~ ~r~ {3) e~al ~ar~y ~netal~nts
made at ~e .sa~ pla~e tha~ ta~s ~yab~e to ~e C~y of ~lray Beach
are pa~d, namely~ at the off~ of ~e C~y ~x Collec~o=, and u~n
faille of any p~rty o~er ~o pay any annual ~ns~ment
any ~rt ~er~f. or any a~ual
C~ty of Delray Beach may bring necessary legal pro~ed~gs by a B~11
in ~ancery to enforce pa~en~ ~ereof
gerber w~ a~l lega~ costs ~ncu~, ~ncluding a reasonable attor-
ney's fee. ~e total a~unt of any li~n may ~ ~id ~n full at any
t~, w~ tn~rest f=~ ~e date of assessment.
IT IS O~S~ ~at ~e City Counoi~ shall si~ at the City
Hall~ ~n ~e C~ty of Delray ~auh, Florida, at 8~00 P.M., on Monday,
Septe~er 13th, 196S, for the ~r~se of hearing obJect~ons, ~f any,
on sa~d pro~sed improv~ment, as se~ for~ here~n.
PASS~ .A~ .ADOP~ by the C~ty Council of ~e City of Delray
~ach~ Florida on ~iS ~e 23r~ day of A~gvst, A.D., 196~.
/s./. AL. C AVERY
MA YOR
ATTEST:
_. /s/ R. ~,.~o~z~ , ,,
City Clerk
0P~DI~BCE NO. 30-65 o
AN ORDINANCE OF ~ CITY CO~CZL OF ~ C1~ OF
DE~Y ~, P~R~, A~NG ~ ~ CITY OP ~
DE~Y B~ ~TAIN ~ ~T~ IN S~ION 8,
CO~IG~US ~ ~IST~ ~CIPAL LI~TS OF ~ID
ZO~ ~0~. (603 N. W. ?~h
~S~ ~S H. ~S and ~RY C. ~LS [his ~fe) are
fee s~ple o~ers of ~e property hereinafter descried, and
~S~ ~S H. ~ an~ ~RY C. ~LS [his wife), by
~elr petition, have consen~d and gt~n permission for ~e annexation
of sa~d property by .~e C~ty of Delray Beach~ and
~S, ~e C~ty of Delray ~ach has here~fore been au~or-
i~d ~ ~ex l~ds ~ accordance ~ ~ction 185.1 of ~e City
~arter of sa1~ City ~an~ ~ ~t by ~e S~te of Flor~da~
NOW, ~FO~ BE IT O~I~D BY ~ CITY CO~CI~ OF ~ CI~
BB~ZON_I. ~at ~e City Co~ctl of ~e City of Delray ~ach,
Palm Beach County~ Flori~a~ hereby armies ~ said City ~e fol~wtng
asserted trac~ of lan~ locat~ in Pa~ Beauh cowry, Florida, ~1ch
1tes con~i~ous to said C~ty,
~at ~act of land tn Section 8~ ~shtp 46 ~u~
Range 43 East~ Pa~ ~aeh County~ FZogida, descr~be~
as follows ~
~e East 88 feet of ~e West 322 feet of the
135 ~eet of ~e East half of ~e Sou~st ~ar~r
of ~t 3, Section 8~ ~shtp 46 South, Range 43
East, Palm Beach Co~ty, Florida.
~E~ION 2. ~at ~e bo~artes of .'%he City of De.ay Bea~,
Florida~ are hereby redefined so as to include ~egein ~e a~ve ~e-
scribed ~ac~ of land~ and sa~ lan~ ~s hereby declared ~ be
~e cor~rate l~mits of ~e City of ~lray *~ach, Florida.
SE~ION 3. ~at ~e ~act of land here~nabove ~escrtbed
hereby declared to ~ tn ~ning Die. tot R-~ as defined by
ordinances of ~e C~ty of Delray Bea~,
SECTION 4. ~at ~e lan~s heretna~ve ~escrt~d shall
ately ~co~ s~Jec~ to all of ~e franchises, privileges,
~ebts, obligations, liabilities, ordinances and laws ~ ~t~ l~nds
~n ~e City of Delray Beach are now or may be, and persons residing
~ereon shall ~ deeme~ citizens of ~e City of Delray Beach.
SECTION 5. ~at if any ~r~ phrase, clause~ sentence or ~rt
of ~is ordinance~ shall be ~eelared illegal by a court o~ competent
j~isdictton~ such record o~ illegality shall tn no ~y affect ~e re-
maining portion.
PASSED in regular session on ~e second and final rea~tng on
the ~3~ day of August,
A~EST: M A Y 0 R
First Readin~ August 9, 1965 N~nd ~ea~in~ Au~,~t P~.
PROPERTIES IN VIOLATION OF ORDINANCE NO,
AND SECTIONS 15-3 · 15-4 OF THE CITY CODE
PROPERTY CI~/
OWh~. R ADDRE~SS D~CRI~ION CODE
1. J. P. · Ka~leen 1~06 N. E. 3~d Ave. Nor~ 50 fee~
Callaway De~ay Beach, Fla. the ~outh 100 15-4
feet of the East
135 feet of Block
13
2. C. B. He,at % Bl~che H. ~t 21
Girtm~ North 15.7~ feet 15-4
1~ N. E. 10th Ave. of ~t 22, Block
Boynten Beach, Fla. 2, Atlantic Pines
3. ~drew & Julia 612 S. W. 9th St.- Ove~gro~ Raft of 15-3
Sroka Delray ~ach, Fla. the West 2~ feet 1~-~
of ~t 82 and the
East 35 feet
81, Del~ay
4. Clare~e E. 320 0akley Street ~er~own part of 15-3
W~aiedle~ Evansville, Indiana ~t 1, Block 6~ 15~
5. Milton · Virginia 108 N. E. 22nd Bt. 0ver~o~ part of 15-4
H. Chandler Delray BeaCh, Fla. ~t 18, Block 1,
Nort~idge
7iolattons 15-3 & 1%'4 as concerns this report
ams as follows=
1. 15~3 .... Old broken down building, Old trash,,lumber, crates,
bottles,-tincans,'.etc.
1%-4---. Weeds and underbrush
2. 15-3 .... 01d building debris .
15-~ .... Weeds
3, 15-3 .... T~ash
15-4 .... Weeds
4. 15-3 .... Garden Trash
5. 15-4---- Weeds
Submitted to the City C.uncil by the City Manager
on this the 23~d day of August, 1965.