09-27-65 ~,65
SE~T~2R 27, 1965.
A regular meeting of the City Council of Delta7 Beach was held in
the Council Chamber~ at 8:00 P.M., with Mayor Al. C. Avery in the
' Chair, City Manager David M. ~atchel, City Attorney John Ross Adams,
and Councilmen j. Le~oy Croft, James H. Jurney, Jack L. Saunders and
~eorgs Talbot, Jr., being present.
1. An opening prayer was ~elivered by the Rev. N. A. Jenkins.
l~a. The Pledge of Allegiance to the Flag of the United States of
America was given.
2. The minutes of the regular meeting of September 13th, 1965, were
~.animously approved on motion by Mr, Saundera and seconded by Mr,
Croft. .
3. Mr. C. Spencer Pompey, appearing in behalf of the Delray ~each
Civic League and the citizens of this community, informed the ¢oUnci!
that it is desired that they consider the advisability of the Catherine
E. Strong Community Center being used six days a week instead of the
five days a week that it is now being used. Mr Pompey said that when
said facility was constructed the area 'residents had felt it would be
open for use six days a week the same as the Teen Town Center~ further,
that by said Community fe~.~=~g£~lo~e<].,.for one day, many clubs and
organizations have not De~n'abl6 ~o-~ee~.~and function as they well
might f. unct$on! an~d Mo~.ay night i~ the regular meetin
a~ o~ A~'o~"~- ,~~' '.' ..~-~...,,. ~-,..,~. ~ .. ~.. ~ g night of sever-
. · g ....... ~ .., One of Whic ' s t .....
- Ma~sr Av~,m&~?4~J~;.. ~.~ ~.e..D~ay Beach Cxvig Lea'u '.'
the ~ounci 'h~ '"~=~-: ~-L~.h~-~- "*' p y' ~9i~ that it ha4 not, as'wh n
......... i .. d ....... ................... ,,.~.. - , ....... e_
a~vtsed that ~t was a ~a*~-' ~'~- ..... ye r he had ~en
.... ~=~ uz uounci~ policy that said facility be
open o~1~ f~ve ~a~ a week~but that hW ~eels s ch a
. ~a___~, p~xcu~ar~y' ~f sb~d :f~'~Xity has
~,,~u program. At that t~me ~ ~re tol~
~at financ~al obligations we
th.is, tame, 'almos%'a '~la;~ll~ '?~;.:~ ~; .~d ~.,7~.~nlx.hope,that at
Mr. Jurne7 moved ~at the CSty Manager be d~rected to ~rk out some
schedule with the C
a ........ :-c...~ .... %...~ .... g:.,.~ ....... pFder ,that, the ma a
~. xd building for slx ........ · ...... ~ -;.. ,: .y ,. y ~:. va the use of
'To claSSify ~e motto
· ~ .....: ~::- <~.i~.~.... ..... ~,...~yor Aver ~ ...... ' .... : ·
your mot o that ........ ~ Cu2 ..... ~i..~ ~.~gD~.~ as follow~.
. ~ ~ . the cfr ...... -,..- ....'
, .....~ ......· ..... ,~,.~_., .... ~.y,.~na er, wl~ his ....
Director; ~- uh eh~t ~-a':;~?~ . ;c --". .. p~r~onn~l, .~e Recrea o
-' ' - ' '~ ? -,-~ ~." ';. : ' - ~.,'-~ : '..~- ~. ~ ~o~e
~s' seeondea b:~-~~ ~.~:~:.?~,~..., ,,~ ~. ion, wh~ch mot On
' '~ ";.' ', ........ :~ :'~.~':' :: ~'/:,~k ~.. % ~;']- '~,~"; , [ ?'i',;.;!:~'~.:'.:':' .' ~.
'":. ~'~'~ .... . . g~ ,.- .. · · exists for s a .....
ff~rso ....... ,, · ,. . ~ .- ~. Heights,
~ 8th Avenue
"NW loth Avenue 2 blocks
I~W 9th Avenue 1 block
3. That there has been no installation o£ sidewalks in this
sector by the City during the pest 15 or 20 years, except the
one block on NWgth Avenue.
4. That ~he'flow ofautomobiletraffic in said sector is over-
whelming thereby imperiling thelives of pedestrians who must
usesaid streets for passage.
5. That the lives of our school children, bbth young and old
are put in jeopardy each school day as they walk the streets to
and fro~ Spady Elementary and Car~er High.
WHEP~FOR theDelray Beach Civic League, through its duly appointed
and acting Committee respectfully request this Honorable City
Council
1. Immediately commence a program for the construction of
sidewalks in the Western Sector of our City.
2. Have a study made to determine the order of priority of
sidewalk installation."
Mayor Avery informed Mr. Smith that at a Councll workshop meeting
on September 24th, 1965, during discussion of sidewalk construction on
North Swinton Avenue, there was .also discussion of sidewalk construc-
tion in the western sector, and the City Manager is in the process of
.surveying the sidewalk situation in that area.
Mr. Jurney moved that the City Manager accept this petition and
carry on. The motionwas seconded by Mr. Talbot, who stated that Mr.
Smith andhis committee should be made aware, that theCouncil is not
only considering sidewalk construction, but also considering construc-
tion of two West Atlantic Avenue overpasses for safety reasons. Upon
call of. ro11, the motion carried unanimously.
4. Mr. Croft read the following minutes of the Beautification Commit-
tee meeting of September 16th, 1965:
"1. The Post Office has agreed to move the post box several
~feet along the sidewalk on Atlantic. Avenue by the railroad
crossing, in order to help our committee with its plan for
landscaping the small park area adjacent to the railroad
crossing.
2. Mr. Merritt reported that the cost of wiring the Chamber
of Commerce signs at entrances to the City will be $260. or
thereabout. A change was'made in the type of switches involved.
3. A motion was made by Mr. Merritt, seconded by Mrs. Little
and carried that this committee recommend to the Council, per-
raining to the screening of ~junk yerds*,~the deletion of-the
words ~or by vegetative screening of ~milar height ', because
of difficulty in maintaining natural growth ~na solid condi~
rich. - Ordinance 33-65, Section 2, Paragraph B, Line 4.
(Council action)"
Concerning the request for Council action on item 3, Mayor Avery
asked that this be called to Council attention at the time of public
hearing on Ordinance No. 33-65 later this evening.
X. Mr. Croft referred to a meeting of the West Atlantic Avenue Beauti-
fication Committee at the Chamber of Commerce recently, and the follow-
ing letter to Mr. Jerry R. Hughson, Landscape Architect for the West
Atlantic Avenue Beaut~fication Committee, from Mr. L. W. Dingle, Dis-
trict OfficeEngineer, State Road Department=
"This letter is, in essence, one ofapproval of theproposed
landscaping plans submitted by you, and prior to the final
issuance of a permit from this Department to carry out the
proposed landscaping, it will be necessary that this office
-2- 9-27-65
:26?
"be furnished with two additiona! sets of the planting plans.
It will also be neCeSsary that a formal letter of request be
sent this Department by those desirous of carrying, out the
proposed plans. It is recommended that such a request come
from a single fndivf~ual, or from the City of. Delray Beach on
behalf of the various civic organizations fnvolve~ wherein the
City will stipulate that upon completion of the lan~ecaping,
maintenance of the landscaped areas will be assume~ by the City
of Delray Beach.
Shoul~ the~ be 'any f~ther ~estions conceding this matter,
91ease feel free to =ontact this office."
Mr. Croft said it ~uld probably be proper for, the City to assure
~e State Roa~ ~partment that the ~arks ~partment of ~e city
going to take care of ~e maintenance of said landscaping.
Mayor Avery said he thinks it is quite 9roper to direct the City
Manager to ~ite such a letter. It was so moved by ~. Croft, second-
ed bye. Saunders an~ unanimously carried.
4.a. A roll call shoed the following Civic Organizations an~ repre-
sentatives ~ ~ in attendance=
~. F. W.
~gs~n~Ss & Pr. ofess/onal Woman's C1~
'~ ~ ~S~. ~. :. i~s-,? ,--"-: .'-,;,,-., ~, .-: ~.~ ~:, ,,..-~., o;
5. '~t~ ~i~=k:~o~hing read the ~ollowing letter ~rom ~s.
McKean, Principal of the Plumosa Elementary S~ool, ~ted Sep~e~er
pupils, par6~s,' ~oar8 of public Instruction,
~Dd ~.Dia.~y our school ~taff~ ~y I e~ress our dee a ecia
~!s ~a~ of ~eatl~ in~reased b~r~l~,t, a' ~'~. Oneq.~or .~ail~ren'
PrOvtd~g"addieX6nA1 ~t~"~al~'f~r this' area. - ...... '
~+=ns'uo snare =he cost of 'additiOnal facilities on the school
~°~s~h~i~h ~h~U~&"~lessen traffic congestion Xn this area.
Hore ~n.,60p 'a~U~en~s have en=oXXed in~.~ur s'~X,.' s i,n~':'AUgus
are%:.tp. ~:. =~e~de~ ~0r. ,the safet~ m~sures ,~hat you ~ave
.!nitiatea ~So~' the 'protectiO~ ~f: sc~O~l StudentsI -:,:.. '1 . ,...
.: ..,~,'.c./~,~[.,:,?:. .. ' .' ..... ."'"i -. .'. :.~t[,': :. : - ,. : .. ,'?D:'~,,. :!'~[: :." ,.'. '
i..~t~e O~..f,ive.fa:cuit,y~ ~e:S].~re ap~inted and,
able ... ..... ... ..... :..,. ...... .-...,~,. b~ m~de
· n ~on~ of. ~eac~at ~fgh. ~chool '~or ~en~e-.~..O~e
..... ~3- . .. 9~27-65
268
"either dropping off students in the morning or picking up
students in the afternoon. Your traffic engineers may want
to consider doing either the east and/or west side of Seacrest
Boulevard.
2. Consideration of the reported dangerous intersection at
the corner of N. E. 22nd Street and Northridge Road. Numerous
parents have expressed concern about drivers failing to stop
at thestop sign, and excessive speeds.
May I take this opportunity to e~press my sincere appreciation
to you and your associates for allowing us the opportunity of
coming to you concerning problems thatare mutual to us both."
§.a. Concerning a proposed seawall ordinance, Mr. Talbot asked that
the Council be given copies of model Ordinances for their review, and
City Attorney Adamssaid that would be done.
5.a. Mr. Talbot asked about obtaining a schedule of the lighting
program, and said if there couldn't be a definite ~ommitment it may be
best to postpone same until after the coming season, and Mayor Avery
asked that the. City Manager provide same.
5.a~' Concerning a report of City Attorney Adams regarding Tropic Palms
Subdivision, dated.July 12th, 1965, Mr. Talbot moved that the recommen-
dations made by the City Attorney in that report be approved, the mo-
tion being seconded by Mr. Jurney an~ unanimously carried.
5.a. Mr. Talbot said the Councii has a draft.of a contract for the dis-
posal of treated sanitary sewerage and liquid wastes that has been sub-
mitte~ by Russell & Axon, and thereare several points in said contract
that will take some time to resolve~ therefore, he would move that the
City Manager be directed to contact the proper authorities concerning
same and arrange a workshop meeting. The motion was seconde~ by Mr.
Saunders and carried unanimously.
5.a. Mayor Avery welcomed City Attorney Adams back after a vacation
in the mountains of Virginia.
6.a. Concerning a survey of parcels of land in violation of City nui-
sance laws presented by the City Manager, Mr. Saunders moved that Chap-
ter 15 of the City Code be complied with, the motion being seconded by
Mr. Croft. UpOn call of roll, Mr. Croft, Mr. Jurney, Mr. Saunders and
Mayor Avery voted in favor of the motion and Mr. Talbot abstained from
voting. (Copy of survey is attached to official copy of minutes.)
(~ee Page 276-A)
6.b. Concerning consideration of a request for conditional annexation
of certain land, City Manager Gatchel informed the Councll that Mr.
Ralph D. Priesmeyer has petitioned for annexation of improved Lot 1,
Seacrest S/D,-SubJect to said land being zoned R-2 and consideration by
the City for acquisition of Seacrest Lane, together with ultimate main-
tenance responsibility therefor, and that Council may approve or deny
such conditional annexation request or refer same to the Planning/
Zoning Board for its review thereof.and recommendations.
Mr. Croft moved that said request be referred aa recommended, the
motion being seconded by Mr. Saunders and unanimously carried.
6.c. Concerning the annual inspection of the Ocean outfall, City
Manager,Gatchel read the followingletter from Russell& Axon Consult-
ing Engineers, dated September 16th:
"1. In accordance with the agreement reached with Powe11
Brothers Co., prior to closing outtheir contract, the first
annual inspection of the condition of the Delray Beach Ocean
Ou%fall line was carried out on Septemberv2, 1965.
9-27-65
286-H
GI~CE ENGINEERING CORPORATION
Consulting Engineers
6727 First Avenue South - -
St. Petersburg, Florida '-.
October 8, 1965
MayorI and Councilmen
City of Delray Beach
Florida
Subject: Delray Beach Erosion Report
Re-study of Section I
Gentlemen:
In accordance with instructions received by telephone from Mr.
David ~'.M. Gatchel, City Manager, authorizing performance of the work
covered in our letter of September 12, 1965', we have re-studied the
condition'~ of the vertical seawallS in the above mentioned section
to determine the effect of the recent hurricane.
During our investigation and evaluation of damage to the existing
seawalls, repairs were underway on all but One of the damaged
sections. The work being done in connection with the repairs
enabled us to gather information otherwise not readily attainable.
The excavation of the fill material back of the wall and the removal
of the concrete caps afforded an opportunity to observe the oondi-.
tion of the sheets, the tieback system and method of ¢.ap con~ .t~..c-~
tion.
Information gathered from persons familiar with the original con-
struction, of these walls indicate the steel Sheet Pi"l~hgs forming
the wall are 20' lin length and extend approX~a~l¥ 2'~ into the~
underlying ~coquina strata. The tieback systems w~ch were .observed?
seem to be adequate. The dimensions and reinfor0ing 'of the rein-
forced concrete cap varies from wall to wall, but in general they
are a standard type of constr%~ction. The cracki~g~and'::~n.~Some
oaseW the destruction of these caps ia caused by the 'incessant
pounding from the ocean coupled with saturation of the fill
material back of the walls, allowing flexing of the individual
286-I
sheet piles. A portion of the forces of this movement is trans-
mitted to the cap, and since concrete is relatively inflexible,
cracking occurs in the cap and worsens until the cap is loosened
to such a degree that the force from the uprush of heavy surf pops
the concrete off the top of the wall. A portion of the caps still
intact show evidence of the first stages of cracking.
It appears that the steel sheet pilings are in sound condition and
rust has not affected their strength to any major degree. So~e of
the walls are out of alignment and should be straightened before
repouring the reinforced concrete cap. It is felt that straighten-
ing and recapping the damaged walls and the addition of graduated
block rubble on the ocean side of these w&lls as stated in our
Erosion Report is the indicated treatment for this section of the
City.
It is suggested that each owner contract for repairs to his existing
seawall on an individual basis, since a part of this work is already
underway. The placement of the block rubble and filter on the ocean
sade of the walls should be let as a single contract. This would
result in continuity of construction as well as a probable savings
in costs due to the volume of work being done. Construction draw-
ings and. specifications should be prepared and issued for bidding
for the placing of the rubble. The estimated cost per l~neal foot
stated in our Erosion Report for this work is satisfactory for
estimating purposes. Some saving may be possible if looal stone
can be used. Consideration may be given to bidding granite rubble
and local stone as alternates for the work, so that a comparison
of the relative merits and costs of each may be compared.
If you wish any additional information or action on our part, please
let us know.
Respectively submitted,
GLACE ENGINEERING CORPORATION
E.S. Kelley
Vice President, Highway Division
ESK:Jr
City Council
Gentlemen:
At the regular Planning Board meeting that was held on September
21, 1965, and the special meeting held on September 28, 1965,
Chairman K. Jacobson, S. Lankton, R. Hanna, A. Gent and J. Kabler
attended the former, and R. Hanna, A. Gent, J. Kabler, J. Davis,
S. Lankton and ~Lr. George Simons attended the special meeting.
The following reports are reco~nended amendments to the existing
zoning ordinance:
Sec:. 29-7,,, R-3, ~4ultiple Family Dwelli..n~i Di.stri.ct.
(E) Building Site Area Required.
Every building hereafter erected or structurally altered shall
provide a lot area per family of not less than the following:
For one family dwelling structure --- 6,000 square feet
For two family dwelling structure --- 7,000 square feet
And for each family unit in excess of two, an additional
1000 square feet shall be required.
For three family dwelling. structure - 8,000 square feet
For four family dwelling structure - 9,000 square feet
The remainder of the paragraph to be unchanged.
Sec. 29-2.4.. Parking and Loadin~ Requirements.
1. For the purpose of this ordinance, the term "off s~reet parking
space" shall consist of a minimum n~$ area of two hundred (200)
square feet of appropriate dimensions for the parking of an
automobile, exclusive of access drives or aisles t~hereto.
(a) In the R-3, C-l, C-2 and C-3 Districts, all parking
spaces, access drives and loading zones shall be hard surfaced
and dus~ proof.
2. There shall be provided at the time of the erection of any
main building or structure, or at the time any main building or
structure is altered, e~larged or increased in capacity by adding
dwelling units, guest rooms, floor area or seats, minimum off
street automobile parking spaces wi~h adequate provisions for
ingress and egress by an automobile of standard size, in accordance
with the following requirements:
(a) Dwelling structures, one (1) space for each dwelling
unit except in the R-i-AAA Single Family Dwelling District, which
will require ~wo (2] parking spaces for each dwelling structure.
(b) Churches, temples or places of ~rship - One (1) space
for every eight (8) seats in the main auditorium.
(c] Country, golf, gun clubs - One (1) space for every
five (5) members.
(d) Department stores - One space for every four hundred
(~00) square feet of building floor area.
(e) Retail shop, personal service establishment, automobile
service, professional offices, - One space for every six hundred
(600) square feet of b~ilding floor area.
(f) Furniture store -One space for every eight hundred
(800) square feet of building floor area.
(g) Hotels - Three (3) spaces for every four (~) bedrooms.
(hi Multiple dwellings, apartment houses, efficiency
apartments - One and c~e-half 11~) spaces for each dwelling unit.
(i) Hospitals, sanitariums - One (1) space for every six
(6) patient beds, exclusive of spaces required for doctors, atten-
dants, nurses and ambulances.
J) Kennels and animal hospitals - A parking area equal to
thirty 30) per cent of the total enclosed or covered area.
(k) Libraries, museums - A parking area equal to fifty (50)
per cent of the floor area open to the public.
(1) Medical or dental offices or clinics - Three (3) spaces
for each doctor or dentist and one (1) apace for each nurse or
attendant.
(m) Motels - O~e (1) space for each sleeping room.
(n) Mursing or convalescent homes - One (1) space for every
five beds.
(o) Office Buildings - One (1) space for every five hundred
(500) square feet of gross floor area within the building.
(p) Restaurants or other eating places - One space (1) for
every five (5) seats.
(q) Rooming, boarding houses - One space for each sleeping
lOOm.
Ir) Schools and public buildings - One (1) space for every
five (5) seats in the main auditoriums or place of assembly.
(s) Theatres - One (1) space for every five (5) seats.
(t) Co~rcial, manufacturing and industrial concerns not
catering to the retail trade - One (1) space for every four hundred
(~00) square feet of gross floor area.
Central ~rkin~ di.atricts.
'The area east of ~ir~t~n Avenue to the west right-of-way of
East Sixth Avenue, (Federal High~ay North) and between North East
let Street and ~outh East let Street, is hereby established as a
central parking district, and is excluded from all of the parking
requirements as act forth in this section.
286-G
3 · Locations
(a) SA~
(b) S~ME
(c) SA~
(d) SA~
Off street loading regulations.
The following loading spaces shall be provided for the
uses indicated.
(a) SA~
(b) ~
..~
,269
"2. During the course of this inspection special marine dye
was introduced into the line for the purpose of showing up
any leakage which might have developed.
3. Divers employed by Powell Brothers, and the City of Delray
Beach worked together in a careful underwater inspection.
4. The line was found to be structurally sound, with no change
from the original installation. This should be reassuring to
all those concerned with preserving an uncontaminated beach."
Mayor Avery said he felt that report was a compliment to Powell
Brothers Company and to the Engineers. ' -~
6.d. City Manager Gatchel informed-the' COuncil that the term of office
Of Planning/Zoning Board Chairman Kenneth 'Jacobso~ ex?i:res Tuesday,
September 28th, 1965, and the remaining Board members recommend that
Council reappoint Mr. Jacobson for a five-year term, commencing on
said date.
Mr, Saunders said that due to the fact there will be some re-evalu-
ation of the Zoning and Building Department as the Department head is
resigning, and in view of the fact ~that a full time City Planner is
proposed, moved that the recommendation of the Planning/Zoning Board
be accepted on a temporary basis, and that a meeting be set up with
said Board in the near future ~,9rde~that. some problems may. be dis-
unanimously. · - · .......... ~,,~ . -,
6.e. City Manager Gatch~el ~.nforme~ the Council that the terms of of-
and Julxan Wells expire on SaturdaY,-Oc%~Ser 9; '1965~0' ~d~h&t 'remain-
ing Boar,d .mem..be, Fs ,r,gup,mme,~d,_$h~at co,,unc$1 r~appgint Mr. Trieste 'and Mr
ground of committee a~ointments, if there is a chance of other indi-
':-:c'i{~ 'C'i'j~"~:~i'~-~ ~Xpi~,i~':ti~t most o~ the Bear~e and Co.it:
tees a~e ap~ointed on an annual basis ~on a~er the o~9anization o~
th~" ne:" t'0=~:ii :ti~ :fi'~a%' o~,.;'e~*fi:ye~:r; ~ia:'ih: vi~' o: '~:~' := ¢fir'~ey, ~
to ~ireOt t~e ~op'ef~ o~zici~i~~, t~ ~ee-:~'t- ~UnCil., :.ih~.$<u~? ii.a b:~ice,
~e:f ~'a~i s~'a' ~¢t:" a~ ~=' :Or 's'O:'qi'~'aa~A',~e o Z:' :fie %~i~:~io~': j~
· ~'.'. -'-.. ' ~::., "'" ._ . ~.:; ..... ~...::- ....... ~ ~.=o~cer~g,s~ re~o~me~at o~s
~. Ta'~bo~.sa'~d,;~at.,.he ~a:s-hea~[..of munieipolieies who have an
ordinance provi~in~..tbat an~ elected or appointe~ official or City
s,'.~' A-'__;i~_~',;.,,,.~ c '::,;: .,: . ,. ..... : ., . g ~ . ~es~d to have
~ ~;-ir; ;,, .--.,.;,.,, ~ .... ~ ~,a~ =ne s~a=e law covers electe8
27O
7.ac Conce~ning a petition for permissive useof the West Side City
Park by Sherman Williams American Legion Post No. 188, City Clerk
worthing reported to Council as follows~ "The Sherman Williams
American Legion POst No. 188 rec~ests permission to again use the
West~Side City Park for sponsoring its annual Thanksgiving Festival
'during the week of November 22nd through the 27th. Entertainment is
to be provided by the Sheldon Amusement Enterprise of Pompano, and
proceeds therefrom will be used for paying on a note for improvements
to the American Legion Hall.
It is recommended that such permissive.use be granted SUBJECT to
the Legion Post No. 188 providing for necessary water, power and sani-
tation facilities without access to, nor use being made of the Teen
Town Center or Pool build~ngs, and a deposit of $50. as assurance of
the grounds being cleared of all debris immediately followingcloeing
of the Festival. Said deposit shall be returnable only upon satis-
factory debris clearance of the land."
It was pointed out that these are the same conditions and stipu-
lations'as in prior years, and Mr. C~oft moved that said request be
granted, the motion being seconded by Mr. Jurney and unanimously
carried.
7.b. City Clerk Worthing info~med the Council that various property
owners in Block 6, Northridge S/D have petitioned for the abandonment
of the twenty-five 'foot dedicated, but unopened, right-of-way lying
between N. E. 2nd Avenue and Northridge Road, as appears on Plat of
Northridge per Plat Book 23, page 168, b~ing an easterly project,on
of the north twenty-five feet of No E. 19th Street currently existing
between Swinton and N. E. 2nd Avenues, and that Council may grant or
deny this request or refer sams to the Planning/Zoning Board for re-
view and recommendation.
Mayor Avery suggested that if this item is referred to the Plan-
ning/zoning Board, it also be referred to the City Manager and his
staff for their report on same.
Mr. Croft moved that this item be referred to the Planning/Zoning
Board coordinated with the study of same by the City A~ministration.
The motion was-seconded by Mr. Jurney and unanimously carrie~.
8.a. City Clerk Worthing stated that Resolution No. 34-65, directing
the City Manager to proceed with installation of storm drains, catch'
basins and man-holes in the Sea Spray Avenue-Beach Drive general area,
was deferred at the last regular meeting, and in compliance with
Council directive, oWners of all properties determined to benefit by
such drainage improvement have been notified, by maiL, that the public
hearing thereon would be continued to the meeting.of this evening for
the purpose of hearing objections, ifany, to such improvement, and
sharing of the total cost thereof.
City Clerk Worthing read letters from owners or represent~ttve~
of the following properties= Lots 5, 7, 17, 23 and 2§ in Sea Spray
Estates~ Lots 2 and 8 in Delray Isle Subdivision and Lot 12, less the
West 175 feet, Block E, Palm Beach Shore Acres. Said .~etters eon-
rained objections to such drainage installation, objection to the
affected property owners paying 80 per cent of the cost of said drain-
age project, and objection to.such assessment unless credit is given
on same for former drainage assessments.
Mr. John Booth informed the Council that he feelsthis drainage
improvement has been needed forsome time.
Attorney Harry W. Stewart of West Palm Beach, representing A.
Consuelo So Hagen, owner of Lot 8, Sea Spray Estates, informed the
council ~hat he is present to obtain information, and to register a
protest if he deems it necessary. Attorney stewart asked what the
Cost of this drainage project woul~ be to the property owners, and if
the affected property owners would receive Credit on the new assess-
ment for former drainage assessments paid? City Clerk worthing stated
that it is estimated that said drainage project would cost the affected
property owners approximately 2~¢ per square foot of benefited property.
-6- 9/27/65
=~- ~g giv4.-- *"~°~ed A~ "~Cella
te-~ -'" ueaoh ~' .... - o~t ;; "=-c Pal- - *~ hzgh
o~n~._ ~ aPPor~ ~ ~ing as-- ,,,~u che ~. t'~ Part
age'~
Cg~n~?nted
ew drain_
· e:~ has
272
WHEREAS, no sufficient objec~ions have been made to such
Proposed improvement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Delray Beech, Florida, that the City Maneger be and
he is hereby instructed to proceed with the construction of
storm drains in Section "O" as shown on Storm Drainage System
S~rvey File T. F. 1868-O, together with installation of catch basins,
man-holes and all necessery eppurtenences in conjunction with such
storm dreins, according to the plans and specifications heretofore
filed,with the City Clerk, and a copy thereof filed in the office
of the City Manager and kept open for inspection of the public.
IT IS FURTHER RESOLVED thet any of the properties defined
and set forth in Resolution No. 31-65 which heve been previously
assessed for drainege purposes by 'this City shall receive full
credit for ell such an~ounts heretofore paid, which emounts shall
be borne by the City.
PASSED'in regular session on this the 27th day of
September, 1965.
Resolution No. 34-65 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.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY B~ACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PROCEED WITH THE CONSTRUCTION OF STORM
DRAINS IN SECTION "S" AS SHOWN ON STORM DRAINAGE
SYSTEM SURVEY FILE T.F. 1868-S, T0~ETH~R WITH IN-
STALLATION OF CATC~ BASINS, MAN-HOLES AND ALL
N~CESSARY APPURTENANCES IN CONJUNCTION W/TH SUCH
STORM DRAINS.
(Copy of Resolution No. 35-65 is attached to the Official copy of
these minutes.) (See ~ag~
The City Clerk reminded the Council that said Resolution had been
deferred at the last regular meeting, and that prior to action there
should be a public hearing on Resolution No. 32=65= further, that he
had received telegrams and letters from property owners in said drain-
age district objecting to the inStallat~on of seme.
Mr. Donald Allmon, owner of Lot 5, Water-Way Lens, informed the
Council that he had contacted eight of the ten property owners on Water
way Lane and they are all egainst the proposed drainage installation.
Mr. Saunders moved that Resolution No. 35-65 be tabled for further
study, the motion being seconded by Mr. Talbot and unanimously carried.
8.c. City Clerk Worthing presented RESOLI~ION NO. 42-65.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEL~AY BEACH, FLORIDA, REOUIRING PLANS, SPECIFI-
CATIONS AND ESTIMATES OF COST OF IMPROVEMENTS FOR
TH~ CONSTRUCTION OF A STORM DRAIN THROUGH BLOCK 94
FROM S. E. 2nd STREET TO S. E. 1st STREET AND EAST-
ERLY TO INTERSECTION OF S. E: 1st STREET AND 4th
AVENUE, 'AS SHOWN ON SURVEY PILE ST S 64-1.
WHYS, the City Council deems it to the best interest of the City
of Delray Beach to construct storm drains in the N-S Alley in Block 94
from S. E. 2nd Street northerly to S. E. 1st Street and thence easterly
to the intersection of said S. E. 1st Street a~d 4th Avenue, as shown
on Survey File ST S 64-1, and to assess the cost of such storm drains
9-27-65
9,78
against the lands specially ben~fited thereby.
NOW, THEREFORE, BE IT RESOLVED by th~ City Council of the City
Delray Beach, Florida, as follows:
Section 1. That the City Engineer be required to submit plans,
specifications, and estimate of cost of such improvement to be made~
and that the same shall be placed on file in the office of the C~ty
Engineer.
Passed and adopted by the City Council of the City of Delray Beach,
Florida, on this the 2?th day of September, A.D., 1965.
Resolution No. 42-65 was unanimously passed and adopted on th~s
first and final reading, on motion by Mr. Talbot and seconded by Mr.
Croft.
8.d. The City Clerk presented RESOLUTION NO. 43-65.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ,.ORDERING THE CONSTRUCTION
oF STORM DRAINS THROUGH BLOCK 94 FROM S. E. 2nd
STREET TO S. E. Ist STREET AND EASTERLY TO INTER-
SECTION OF S, E. 1st STREET AND 4th AVENUE, AS
(Copy. of. R..~9~tion No...4~5 ~i,S a,tta,..~hed .t,~ the officia~l copy, of
City Clerk W0r.tbil~,g s,}a,te~..,th~t thi,s p,roposed, resolution, ~a.ction
i;ng/V~p~ctal assessment and method oS pa~ent, and that prior to
Coung!~.' co~ideFg~gn .of same, a p~blic; hearing, should b~ held at this
' ":'~ere b~i~g' no objection to ResOlUtion No;' 4'3=65~' ~. Croft moved
that said. ~esolution b,e passe~ and adopted, the motion bein~ seconded
'8~~. 'City Clerk Wor~tng presented RESOL~ION NO. 44-65.
~ ~ A' ~SOLUTI'ON 0F'~' CITY"CO~C~ OF T~' C~Y OF
(C~y' o~' ~soXu~ion No., 44;6~'is attached to the o~ficial copy of
the~. ainu~.),. (.See P~t~
8.'f.. '"MaWr Avery-s~'id-he had'-rece'l~ed' a' 1-et 'er. from th~ .Mayor Of th~
pa~s a' :e{~tlgr r~olu~ion.: t and" th~: .he~ had' asked':the?CSty ~anager ~o
274
RESOLUTION NO. 45-65.
A RESOLUTI°N OF THE CITY COUNCIL OF THE CITY OF
DELRAY B~ACH, FLORIDA, REQUESTING THAT STAT~ ROAD
7 RE EXTENDED NORTH FROM ITS PRESENT DF~D END IN-
TERSECTION WITH O~CHOBEE ROAD SO AS TO CONNECT
~Z~. T,~m ~,=-~ LZ~ HIGht (STA'~ ROAD 710) AND FOR
.O~R PURPOS".S.
(Copy of ResolUtion No. 45-65 is attached to the official COpY of
these minutes.) (~$ee Page
Resolution No. 45-651 was unanimously passed and adopted on this
first and final reading on motion by Mx. Saunders and seconded by Mr.
Talbot.
Mr. Croft reported that he had been informed other municipalities
in this area .are taking similar action.
8.g. The City Clerk presented RESOLUTION NO. 46-65.
A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF D~LRAY
BEACH, FLORIDA, ASSESSING'COSTS FOR ABATIN~ NUESANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY~ SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO RE A LIEN
UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF
THE CITY MAHAGER OF DELRAY BEACH, FLORIDA.
(copy of Resolution No. 46-65 and assessments are attached to the
official copy of these minutes~)
Resolution No.- 46-65 was unanimously passed and adopted on this
first and final reading on motion by Mx. Talbot and seconded by Mr.
Saunders. ·
8oh. City Clerk Worthing presented ORDINANCE NO. 31-65.
AN ORDI~NCE OF THE CITY COUNCIL OF THE CITY OF DELBAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAy BEACH
CERTAIN LAND LOCATED IN SECTION 29, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUniCIPAL LIMITS OF .SAID CITY~ REDEFINING THE BOUNDA-
RIES OF SAID CITY TO INCLUDE 'SAID LAND~ PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF ~SAID LAND~ AND PROVIDING
FOR THE ZONING THEREOF. (1603 Germantown Road)
(Copy of Ordinance No. 31-65 'is at~ached to the official copy of
these minutes.) (See Page 276-I)
There being no objection to Ordinance No. 31-65, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Talbot and seconded by Mr. Saunders.
8.i. The City Clerk presented ORDINRNCE NO. 32-65.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 26, DELRAY
BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; RED~FINING THE BOUND-
ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND
PROVIDING FOR T~E ZONING THEREOF. (1010 White' Drive)
(Copy of Ordinance No. 32-65 is attached to the official c~py of
these minutes.)' (See Page 276-J)
~10- 9-27-65
275
There being no objection to Ordinance. No. 32-65, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Talbot and seconded by Mr. Croft.
8.j; City Clerk Worthing presented ORDINANCE NO. 33-65.
AN ORDINANCE OF THE CITY OF DELRAy BFACH, FLORIDA,
RELATING TO JUNK I'ARDS, SETTING FORTH DEFINITIONS
AND RESTRICTIONS AS TO LOCATION AND AREA; REOUIRING
JUNK YARDS TO BE OBSCURED BY MEANS OF NATURAL OB-
JECTS OR FENCES, PENALTY PROVISIONS, SAVINGS CLAUSE,
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
The Council was reminded of the recommendation .of the Beautifica,
tion Committee that the provision of vegetative screening be deleted
from said ordinance.
Mr. A. J. Michael said that he .would be happy if this ordinance
iS passed and enforced.
Mayor Avery asked what action should be taken tonight to bring
Ordinance No. 33-65 back in an amended form as recommended.
City Attorney Adams Said that the City Attorney could be directed
to amend the ordinance in accordance with Council wishes; readvertise
same and present ,It in its amended form for second reading at the next
Council meeting. It was so moved by Mr. Croft, seconded by Mr. Talbot
and, unanimous~ly ~carried,
.... AN,-Q.~.D,.Ik~,%NCE OF THE CIT~ COUKCIL~0F ,T~.¢ITY OF
D.~ F ~.~C~ ~mT, IN L~ND LO T
NINe' ~R".O~; .... S'O'5 ~'. W, '?th 'st're,t)
0r~inance No. 34-.65 was unani~ousl
..... . ...... ,..,..-..-...:::. ,.: .... , ......... ~...~.~.c..ed. ,on ~irs%~. ~e:;Sing' ~n.
motLo~ by Mr.. Ct'oft and s~cond~d b 'Mir" J~rn~'
, . , ..... . Y · y.
Ex~en~bn, 'City' Cl~'r~'worthin .infor d t C uncil t at
- ~-:":,:,.r ,~,,.'c-~; ?--..?.; ;. , ,.,g., .....rap,'' . ~e .? .... -,h ~ it had, today,
°e9:~ -xe~ue, stea. Dy,.' the petiti0'~e'r to ~[thdraw ~aid' r'e~0n~ng
~f~;, '"no ~rlthe~' a~'~°n~
e~a c ~:°Jr~:;'~:'9 ~ .'~'~'" w~'~i/~ked up
were.received a.s follows,, aha. ~htat.
',' .: ~-~'.( %,.":: ,: ~. ,,'..:
It was -S~... ~ved;by, ~,. ~un~s.'' Se~ded,:~;.~'~;i':'.~;rney and
unanimou~ ~,~:~r~4 ~- -' .:.~. ;' j ~..., :.,
ZO.b. con;;~,~"~'a;~ize~ z'i~t: o~ ~,~e,~a" ~PPropriation transfers,
city Mana~r. Gatchel, present~ :~e .fo~to~!ng sugary: -
........ - -11~ 9-27-65
. ;, . -... , [ ; ~
276
IN T~GENBRAL FUND 910
From CONTINGENCY nCO~T 858 to PARK~ & PARKWAYS 770 $ 1,855.
" " " 858 to INSURANCE ACC4TS 852 3,576.
'.~ " " 910 to DISASTER FUND 935 15,332
From S~IAL SECURITY TAX 853 to HOSPITALIZATION 876 455.
From PENSION ACCOUNT 875 to COMMUNICATIONS 880 350.
IN THE ~TER & SEWER FUND 915
From CONTINGENCY ACCtT 858 to PERSO~L SERVICES 460 $ 5,550.
" " " .858 to CONTRACTUAL 460 7,063.
" " " 858 to MATERIALS &SUPPLIES 460 11,440.
" " " 858 to CAPITAL OUTLAY 460 3,440.
From INSURANCE ACCOUNT 460 to SOCIAL SECURITY TAX 853 300.
Mr. Jurney move~ that the rec/ueated appropriation transfers be
approved, the motion being seconded byMr. Saunders and unanimously
carried.
10.x. City Manager Gatchel informed the Council that their second
regular meeting in October, being October 25th, is in the middle of
the three day convention of the Florida League of Municipalities to
be held in Miami, and suggested that the Council may wish'~to
schedule said Council meeting.
Following discussion, Thursday, October 28th, 1965, was unani-
mously selected for sai~ Council meeting, on motion by Mr. Saunders
and seconded by Mr. Croft.
10.x. City Manager Gatchel commented as follows= "! request Council
approval tonight of entering into an agreement with Glace Engineering
Company on the restudy which we discussed at workshop session.
study of the sea wall areas ~ Section I which is necessitated by
Hurricane Betsy. We did discuss this matter in workshop session, and
I feel that it should be a matter of record end authorization, that
we authorize Glace Engineering .Company to proceed with this restudy."
Mr. Talbot suggested that it be for a sum not to exceed $1,500.00
and the City Manager said that would be good. It was so moved by Mr.
Talbot, seconded by Mr. Saunders and ~nanimously carried.
10.x. Mr. Talbot suggested that a chairman be appointed concerning a
plaque for the sea wall at the City Park.
Mayor Avery sugqested that Mr. Talbot be appointed as said Chair-
man, and that the City Manager or anyone else that would, assist him.
It was so moved by Mr. Croft, seconded by Mr. Saunders and unanimously
carried.
10.c. CityClerk Worthing presented Bills for Approval as follows=
General Fund $ 145,200.84
Water Operating & Maintenance Fund 48,263.46
Water Revenue Fund 55,089.32
Special Assessment Pund 734.30
Refundable Deposits Fund 4,364.92
Improvement Fund 8,856.40
Cematery Perpetual Care Fund 1,559.37
Sewer Revenue Fund 45,000.00
Sewer Operating & Maintenance Fund 38,298.17
Mr. Croft moved that said bills be pai~, the motion being second-
ed by Mr. Jurney. Upon call of ro11, Mr. Croft, Mr. Jurney, Mr.
Saunders and Mr. Talbot voted in favor of the motion, and Mayor Avery
was opposed. Mayor Avery qualifte~ his vote in that he is remotely
associated with a company who has · bill in said BillS for Approval.
.._R..Dr WORTHI~
APPROVE . City Clerk
,: -12- 9-27-65
PROPERTIES IN VIOLATION OF ORDINANCE NO. O-1~7
AND SECTIONS 15-3 & 15-4 OF THE CITY CODE
PROPERTY CITY
OWN~.R .A~. D.RESS DESCRIPTION CODE
1. O. J. & Eleanor Route # 1 Overgrown part cf 15-4
M. Oehringer Bay City, Michigan Lots 1 & 2, Block
103
2. Virginia 0hambers 212 West 102nd St. Lot 16, Block 11~ 15-3
New York City, 15-4
New York
3. Arthur J., Jr. & Ships Point West 108.17 ft. of 15-4
'~' Muriel S. Grymes Easton, Md. the East 315 ft. of
the North 119 ft. of
the South 551 ft. of
Lot 10, Section
4. South Florida 3043 N. Fed. Hwy. Vacant part of Lots 15-3
Asphalt Co. Ft. Lauderdale 19 thru 2J4, Block 15-4
Florida 90
5. Josie O. G~eene % Oarriette O. South half of the 15-3
Lanier West 2/3 of Block 15-4
457 P.D,'R. Drive
New York 10002,
New York
6. Trieste Con- P. 0. Box 332 Vacant part of LOt 15-3
struction Co., Delray Beach, Fla. 9 & the North 26.5 15-4
Inc. ft. of Lot 10,
Block 67
7. J. R. Love Box 2130 South East overgrown 15-3
OJus, Florida part of LOt 9 & the 15-~
East 30 ft. of Lot
10, Block 11, Dell
Park
8. Willar~ Morrison R.F.D. # 1 South 78.3 ft. of "'15-3
Box 130 the East 1[~8.2 ft.
Hot Springs, Ark. of Lot 9, Block 1,
0sceola Park
Violations 15-3 & 15-4 as concerns this report
are as follows:
1. 15-4 - - Hi~h Weeds
2. 15-3 - - Storm Damaged trees
15-4 - - Weeds
3. 15-4 - - High weeds and thick growth of Pines
15-3 - - Loose trash (Boards, cans, etc.)
15-4 - - Weeds
5. 15-3 - - Loose building debris, limbs & fronds
15-4 - - Weeds
6, 15-3 - - Loose broken limbs
15-4 - - Weeds
7. 15-3 - - Broken limbs and underbrush
8. - Debris & Palm Fronds
Submitted to'the City Council by the Cit~ Manager
on this the 27th day of September, 1965.
~ItF~S, the . ~ouncil o~ .the o£ Delray Beach,
Florida, did, ,on ~e r
ResolUtion ~o. 31-65,
of .~ ~aLnn toge~er of ~tch ~sLns, ~n-
holes and all necessary ~nJ~t~on wi~ such
S~vey F~le ~. F. lSG~O, and
~S, - the ~solu~Lon ~erefOr. has ~en
a ~t~ee ~at ob~eetions to sa ~uld'~ heard,
a~
~S, no
StO~ ~ains/in = ~C~i~n ,O'~'. as. sho~ on St~ D~aina~e System
tian wi~. ouah s~ ~ins, .a~ordSn~ ~ ~e~pla~ and s~ai-
/
276-B
~ESOLUTION NO. 35-65.
A RESOLUTION O~TISE CITY CO]~NCIL OF T~ CITY
~'~ PRO.RD ~'~ C~S~UCTION OF
WHEREAS, the City CoUncil of the City of Delray Beach,
Florida, did, on the 23rd day of 'August~ 1965, by'adoption of
Resolution No. 32465, determine to pro, ced with ~/ie construotion
of storm drains together with installation' of catch basins, man-
holes 'and all ~necessary appurtenances in ~conJunction with Such
s~orm drains in Section "8" as shown on S~orm Drainage System
Survey File T. F, 1868-8, and
WHEREAS, the Resolution providing therefor has been
duly published as required by the .City Charter, together with
a notice that objections to said improvement w~uld be heard,
and
WHEREAS~ no sufficient objections have been made to
such proposed improvement,
NOW, THEREFORE, BE iT RESOLVRD by the City C~uncil of
the City. of Delray .Beach~ 'Florida, that the~City Manager be
and he ts hereby instructed to proceed with the construction of
storm d~ains in Section"S" as shown on Storm Drainage System
Survey Pile' T. F, 1868-S, to~e~her with installation Of catch
basins, .man-holes and all necessary appurtenances in conjunc-
tion with such storm drains, &oeording :,~o the plans and~ speci-
fications heretofore filed with the 'City Cle~k~ and a copy
thereof'filed in the office of the City Manager and kept open
for inspection of the public
i PASSED in regular session on this the
September, 1965.
...... MA Y6'R ....... '
ATTEST:
City Clerk
RESOLUTION NO. 43-65.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DE'.RAY BEACH, FLORIDA, O~DE~ING TH~ CON-
STRUCTION OF STORM DRAINS THROUGH BLOCK 94
FROM S. E. 2nd STREET TO $. E. 1St STREET
AND EASTERLY TO INTEBSEUT~ON OF S. E. 1st,
S~REET AND 4~h AVENUE, AS SHOWN ON SURVEY
F~LE ST S 64-1.
~REAS, the City Council of the City of Delray Beach,
Florida, directed the City Manager to prepare plans and specifica-
tions for 'certain storm drains, and an estimate of cost of such
prove~ent 'to be placed on file in the office of the City Manager.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Delray Beach, Florida, that it is determined to make the
following described improvement, to-wit:
CONSTRUCTION of Storm Sewer Drains through Block
94 from S. E.. 2nd Street to S. E. 1st Street and
easterly to intersection of S. E. 1st Street and
4th Avenue, as shown on Survey File S~ S 64-1,
and the installation of necessary catch basins,
man-holes and ~aPPurtensnces in~con~unction with
such storm drains, the estimated cost for which
improvement is.~ f$6-, 400,.00. and. Benefited Drain
Field Area .determined, to be described as follows:
Co~maence at the ~So~theaSt co,er of Block 94~ ~hence Westerly a.long
the South line ~f. Block 94 and continue West along the South line of
Block 86.to_.Pointof intersection with the East line of the Florida
East Coast~ Railway R/W~ thence Northeasterly along the East line of
said F.E.C~ RR R/W tothe point of intersection with the North line
of Block~8,6.~_ thence Northerly along said East line .of the ~:~.C.RR
R~ for a .d~stance 'of' 240 feet.~ thence due East to point Of
section wi.~h the East R/W.line of S. E. 3rd Avenue~ thence. S~uth-
e~rIy a~o~g said East R/W line of S. ~'o 3rd Avenue to~ the NorthWest
corner of Lot 1, BlOck 94~ thence' Easterly along said North line
of Lot i and pro~ection thereof to the Northwest corner of Lot 11,
Block 94~ thence Southerly along the West line of ea~d Lot 11 to
the Southwest corner, thereof~, thence Easterly along the South line
of' said Lot 11 to the SoutheaSt corner thereof~ thence Southerly
along the ~.ast line of said Block 94 to P.O.B., being the Southeast
corner of Lo~ 20 therein.
BE IT FURTHER RESOLVED that the entire cost o~ such improve-
ment shall 'be shared by the City of Delray Beach, F10=ida, and the
following desCribed.properties in Delray Beach, Palm Beach County,
Florida, on a basis of Delray Beach paying twenty (20} per cent of
the cost of said improvement and the prope~rty owners of said proper-
ties, sh°wn below, paying e~ghty (80) per cent of the total cost by
Specia I ASsessment.
Be it further understood that there may or may not. be addi-
~ional charges f~r future expansion of the said Drainag~ Program.
276-D
Page 2. RESOLUTION NO.
B~CK LO__~ SO,RE
85 ~outh 240 feet lying East of Railway 26,400
86 lying East of Railway 99,450
94 i 8,262
94 2 8,262
94 3 ~,~62
94 4 8,262
94 5 8,262
94 6 and ~orth 24.2 feet of Lot 7. 11,529
94 ~,9 & 10 and 8ouCh 37 feet of ~o~ ?. 29,560
94 12 *: 8,262
94 Z3 B,262
94 14 8,262
94 15 8,262
94 16 8,262
94 17 8,262
94 18, 19 & 20. 24,786
said benefits to be determined within the'Drain Field area in pro-
portion to the. benefits which will accrue'to said lands.
A~D BE'IT FURTHER 'RESOLVED that said special assessments
against all of the lots and lands, as set fo=th herein, which are
specialiy 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 respective lots and 'parcels of land
assessed, and which shall 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. Pay-
ments shall be made at the same place that taxes payable to the
City of Delray Beach are paid, namely, at the office of the City
Tax Collector, and uponfailure of any property owner to pay any
annual instalIment due, or any'part thereof, or any annual interest
upon deferred payments, the City of DelraY Beach ~ay bring neces-
sary legal proceedings by a Bill in Chancery toenforce payment
thereof with all accrued interest, together with all legal costs
incurred, including a reasonable AttorneY's fee.. The total amount
of any lien may be paid in full a~a~%tims, with interest from'
the-date of assessment.
IT IS ORDERED tha~ the City Council shall sit at the City
Hall, in the City of Delray Beach, Florida,' at 8:00 P,M~, on Monday,
September 27th, 1965, ~or the purpose of hearing objections, if any,
on said proposed improvement~ as set forth herein.
PASSED AND ADOPTED by the City Cou~'cil of theCity of Delray
Beach, Florida, on this the 27th day of ,September, 1965,
/s/ AL. ~. AVERY
ATTEST:
/s/ ROBERT D. WO~THING
...... bi~y clerk
276-E
RESOLUTION NO. 44-65.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF D~LRAy BEACH, FLORI~A, AUTI~0RI~.IN~ THE'
CITY 'MANAGER TO PROCEED WITH THE CONSTRUCTION
OF STORM DRAINS THROUGH BLOCK g4 FROM S. ~..
2nd STREET TO $. E. 1st STREET AND ~ASTERLY
TO INTERSECTION OF S. E. 1st STREST AND 4~h
AVENUE, AS SHOWN ON SURVEY FILE ST S 64-1,
TOGETHER WITH INSTALLATION OF CATCH BASINS,
MAN-HOI~ES AND ALL NECESSARY A~PURTEN~NCES
IN CONJUNCTION WITH SUCH STORM DRAINS.
WHERFAS, the City Council of the City of Delray Beach,
Florida, diS, by aSoption of Resolution No. 43-65, determine to
proceed with the construction of sto~ drains together with in-
stallation of catch basine, man-holeS ~and all necessary appurte-
nances in conJ~nction ~with storm drains through Block 94 from
S. E. 2nd Street to S. E. 1st Street and easterly to interSeCtion
of S. E. let Street and 4th Avenue, as shoWn on Survey Fils'ST S
64-1, and
~HEI%FJ%S, the Resolution providing therefor has been duly
published as required by the City Charter, together with a notice
that objections to said improvement WOuld be heard, and
WHEREAS, no sufficient objections have been made to such
proposed i~provement,
NOW, T~EREFORE, BE IT RESOLVED by the City Council of
the City of Delray Beach, Florida, that the City Manager be and
he is hereby instructed to proceed with the construction of storm
drains through Block 94 from S. E. 2nd Street ~to S. E. 1st Street
and easterly to intersection of S. E. 1st Street and 4th Avenue,
as show~ on survey~file ST S 64-1, together with installation of
catch basins, man-holes and all necessary appurtenances in con-
junction with such storm d.r~!ns, according to the plans and speci-
fications heretofore filed with the city Clerk, and a copy thereof
filed in the office of the City Manager and kept open for inspec-
tion of the publico
PASSED in regUlar.session on this the 2?th day of
Septembem, 196~.
MAYOR
ATTEST:
City Clerk
276-F
RESOLUTION NO. 45-65.
A RESOLUTION OF T~ CITY COUNCIL OF THE CITY
OF DELPAY B~ACH, FLORIDa, R~QUESTIN~ THAT
STATE ROAD 7 BE EXTENDED NORTH FROM-. ITS PRE-
SENT D~AD ~ND INTERSECTION ,~WITH OKEECHOBEE
ROAD SO AS TO ~ONNECT WITH T~E BEE LINE-HIGH-
mY (STATE ROAD 710) AND FOR OT~R PURPOSES~
BE IT RESOL%~D BY THE CITY COUNCIL OF TH~ CITY OF
DEL~AY BEACH, FLORIDA., AS FOLLOWS~
SECTION I. That the City Council of the City of
Delray ~each hereby requests the Board of County Commissioners
of Palm Beach County.and the State Road Department of the State
of Florida and all otheK responsible agencies to extend State
Road 7 from its present dead end intersection with Okeechobee
Road northward so as to connect with the Bee. Line Highway
(State Road 710) and that this project be ex~edited at the
earliest possible time due to the great public need for the
extension of this road.
SECTION II. That the City Clerk be and is hereby
directed to furnish, certified copies of this resolution to
the Board of County Commissioners of Palm Beach County, Florida,
and to the State Road Department of the State of Florida.
ADOPTED this 27th day of September, 1965.
/s/ AL. 0, A~Y.~
AL. C. AVERY, MAYOR
./s/ JACK. L. SAUNDERS
,Sm 'Z ERS,
,Isl. J, ~0Y. ~ROFT
cao ,
JA~S H. ~Y, CO~I~N
~ORGE TALB~, JR.,
ATTEST =
'~ity Clerk
276-G
P~E~OLUTION NO. · 46-65/
A RE~OLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SkID CITY: SETTING
O~T ACTUAL COST~ INCURRED BY SAID CITY TO ACCOMPLISH '
SUCH ABATEMENT AND LEVYING ~/E COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING 5AID LEVY TO BE A LIEN
UPON ~AID PROPERTY IN AN AMOU1Ff AS SHOWN BY REPORT. OP
T~E CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHE/~EAS, .the Oity. Council of the City of Delray Beach, did, in
I IIIII?II session held o. the ,., ,,o.s
__May,_196~ . .deelare the existence of a nui-
s'an~ upon certain lots 'or '~gr'~'~s"of land, described in a list Sub-
mitted to 'them, for violation of the provisions of Ordinance
WHEREAS, pursuant to such declaration, the City Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice describing the nature of flxe nuisance and
that they must abate said nuisance within thirty (30) days, failing
in which the City Council would have it done, and the cost thereof
would be levied aa an assessment against said propert2; and
WHEREAS, the owners hereinafter named did fall and neglect to
abate the nuisance existing upon their respective lands within the
time prescribed in said notice and Ordinance G-I~?, and the Oity of
Delray Beach was required to and did enter upon the following lands
and incur costs in abating the nuisance existing thereon as described
inthe aforesaid list; and
WHE~S, the City M~a~.a~er of the City of Delray Beach, has, 'pur-
suant to~'..said Ordinance G 1~? and the City Charter submitted t~.'.~the
City CoU~Pil a report of the costs incurred in abating the nuiS~ce
as aforesaid, said report indicating the costs per parcel.of lan4
involved ~
N~W~f THEREFORE, RE IT RE~OLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY .BEACH, FLORIDA, AS FOLLOW~ ~
1. That assessments in the individual amounts as ~ by the
report of the City Manager of the City of Delray Beach, i~volving
City;s Cost cf abating the aforesaid nuisances ~pon the lots Or
cets'of land described in sai~ ~eport, a copy ~f which iS attYehe~':"
hereto and made a part hereof~ ave levied against the pa~.c:ela
described on said report and l~the amounts indicated thereon.
assessments so levied shall be ~ lien upon the respectiv~ .
lot~ a~d parcels of land described in said ~¥eport, ~f ~he
nature a~dtO the same extent as the lien for general ci~2 taxe~'and
shall be collectible in the same m~nner and with the same '.penalties
and under the same provisions as to sale and foreclosure ~'°ity taxes
are collectible.
~, That the City Clerk of.~sa~d Cit~ shall, as soon as possible
after the effective date, record a'~.certi~ed 'Copy of this resolution
in the office of the CIerk of the Circuit COurt in and for .Palm Beach
Count~j, Florida, and shall furnish to each of the owners named in and
upon said report a no~i~e that the 0~J Co. uncil of the City of Delray
Beach, did, on ~he ~ '10th d.a..y o.~, Ma~,. 1965 .....
order the abatem~?.~f."'~c~r%~"~.~C~ 'ex~Sting on their deSorlb~
propertT and pr°P-e~ii~ne~'~'h~ ~ied to abate such nuiaance~
w. ithin.~el 3'O'day ~ed, W,~e~n it 'was abated by the city at costs
ShOwn mn aais ~eD~e~ti'.A~t.d s~/h:~Sessments shall be legal, valid and
binding ob'll~9~$'~i ~li~h th~! Property against which said assessments
are levied~i'~.'~h~!i~,'~e~X~tio~' shall become effective 30 days from the
date of adgption,' aa~he assessments contained herein sh~l become
due and ~paya~e" ~h~pty 'days/ after the mailing date of the ~otioe of
said ~$sessment,' afte~ which interest shall accrue at the rate of 6%
per ann~m on any unpaid portion thereof.
PASSED AND ADOPTED in ~s. ession on the 27th day of
. T EST: /s/ AL. C. AVerY
· o ......
276-H
COST OF ABATING NUISANCE UNDER ORDINANCE NO.
PROPERTY DEBCRIPTION OWNER ASSEESMENT
May 10, 1965 list.
Lot 4, Block 30 Myrtle L. Williams $112.00
Lot 9~ Block 10,
Atlantic Gardens Arthur Lee & Annie $116.00
May Holliday
Lot~ll~ BlOck 10, Elmore Hart ~6.00
Atlantic Gardens
276-I
ORDZ~NCE bO. 31-65.
AB ORDII~A~CE OF ~ CZ~ ~1~ OF ~ CZ~ OF
~RTAZB ~ ~ IN 8BCTZO~ 29, ~S~P 46 SOU~,
~ 43 ~ST, ~ ~ IS CO~G~US ~ EXZSTZ~
~ RIG.S A~ OBLZ~TZOB8 OF ~ ~! A~ PROVIDING
FOR ~ ZO~ T~F.. (1603 ~e~anto~ Road)
~S, ~OSEP~ E~XS and ~RX~ J. g~lS (his wi~e) a~
the fee sidle o~ers of ~e pro~rty hereinafter described, and
~S, ~ E~IS and ~I~ J. E~XS (his wigs), by
~eir petition, have consented ~d given pe~ission fox ~e annexation
of sai~ pro~rty by ~e City of ~lray Beach, and
~S, ~e City of ~lray Beach has heretofore ~en au~or-
~ed to annex lands in accordance wi~.Se~ion ~85.1 of ~he City ~ar-
ter of said City gran~d to it by the s~te of Floridaf
CI~ OF DE~Y ~CH, FLOR~A, AS
Palm Bea~ ~ty,...Fl~rtda, ~exeby a~exes~to .sa!d~ .City ~e ~ollowtng
~at:.'t~act of ~land in*Section 29, ~ship 46 Sou~,
~nge ~43~ Eas~ :~PaXm ~ach: C~unty~ ' F~orida, '; described--
F!grida, a~e ~e~eby: ~defined So aS. to include, therein ~e. a~ve_de-
S~ed'~t of !~nd:;/a~d ~aid land ts hereb~ deciar~d 2o; be ~w~in
the Cor~ra~'~ limits ~8 ~e City of DelEsy BeaCh~ Florida.
he~by deCla=ed t0~.~: in'zoning District ~2, :as defied b*y existing
O~dAnanceS of ~he' City o~ Del~ay ~a~h, Florida;
ately ~c~e aub]e~t tO ail 0f the franchises, privileges, i~tttee,
debts, obligations, liabi~tieS' ordinances and laws ~o which lands tn
9f ~is o~ance~-.Shall~:b~ d~clared illegal:by a ~rt.~-~ ~m~tent
Jurisdtction~ SUCh:.reeO~d~ Of~ ilieg~'ti~Y, shalX: In~ ~nO~.~y~ a:f~ect ~e
PASSED. i,. ~e~=j seesk0,, on this ~e' Second and. f~nal readAng
on ~e ~7th day O~/Seg~mb:er'~I965.
MA YOR
F~rat Reading September 13, i96~ Se~nd Reading..5~Dtember ~?,..196~%
276-J
ORDINANCE NO. 32",65.
AN ORDINANCE OP THE CITY COtA, K,~IL OF ~ C1~ OP
I~ M~CZPAL L~TS OF ~ CI~I ~DE~INZNG ~
(1010 ~ite ~ive)
~S, ED~ H. S~C~'and ~ C. ST~C~R {his wt~e)
are ~e fee simple, o~ers of ~e~ pro~=ty hereinafter des~d, and
~R~S, EDM~ H;"S~C~R and E~' C~ ~S~C~ (his wife),
by .~etr ~t~tion, have ~nsefl~d and: given ~iss~on for the a~ex-
ation of said property by the'C~ty o~ ~lray ~ach, and
~S~ ~e City of ~lray Beach has heretofore ~en
ize~ ~ annex lands ~-aCuordance wi~ Section-185~1 of the City Cha=-
~r of said C~ty ~an~d ~ ~t by ~e-Sta~ of
OF DEL~ ~CH, F~RI~, AS FOLL~S=
~ ~ECTION ~.~ ~at the C~ty Council of ~e City of Delray Beach.,
Palm BeaCh county', Florida, hereby annexes to sa~d C~ty'the following
~scr~d~t~act of 1and' 'located ~n Palm BeacB ~ty, Florida, which
lies conti~ous to said City, to-wit=
~at tract of: la~d, namely.~t 2~, ~lray Beach
~ores~ per Plat Book 23, Page 167,
Records of Palm BeacB County, Florida.
SE~ ~. ~a2 ~e boundaries of the C~ty of Delray Beach,
Florida, are he~b~ redefined so as to ~nclude ~ere~n the above de-
scribed ~act of land and sa~d land is 'hereby declared to be within
~e cor~rate limits ~ ~e City of Delray Beach, Florida.
~oN..~. ~a2 ~e tract ~f land here~nabove described is
hereby deela~e~:to-~~ ~n Zoning D~str~ct R~, ~s defined by ex~sting
ordinances or-the C~ty:of ~lray Beach, Florida.
~B~TI~4. ~at ~e land hereina~ve descried shall
ately b~me~jee~ to all of the.-:fra~ses, priv~leges,
debts (except ~e ~istLnq bonde~ ind~t~dness)~ obligations,
ties, ordinances and laws to which lands in the City of ~lray Beach
are~now or may be, and persons residing ~ereon shall be deemed
zens of ~e~City of Delray Beach.
~ECTION'5. ~at if any ~rd, phrase, clause, sentence or par~
of this ordinance shall be deolared illegal by a c~rt of competent
jurisdiot~on, such record of ~11egal~ty shall in no ~y affect the
manning
PASSED~in regular session on the second and final reading on
the ~?th day of Septembem, 196~.
/S/ AL. C. A~RY
A~EST:
City Clerk
First Reading_ ~e~tember_ %3, 1965 Sec0fla ~ea~ing Septe~e~ 27,