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11-22-65
315 A regular meeting of the City,.~e~ncil of Del~ay Beach was held the Council Chambers at .00 P.M~~, with Mayor Al. C. Avery in the Chair, City Manager David M. Gatchel,.~ty' Att~ney John Ross Adam~, and Councilmen J.'LeRoy Cr0ft,-James B,~ ~rne~ ~ack Lo Saunders and George Talbot, ~r., being presen~ 1. An opening prayer was delivered by the Rev. RalPh B~ ~ohnson. 1.a. The Pledge of Allegiance to the Flag cf ~he Un~te~ States cf America was given. x. Mayor Aver~ said t~ere are many people presen~ tonight concerning a controversial subJect~ and for ~Rose ~ho do not know the policy of this Council and the-policy of the Chair~ stated that the Chair requires ground rules, andthe ground rules are that anyone and everyone will startl~ no one's self-respect and everyone will remain in good taste. Further, with Council permission, t~xe Chair Will ~ule out of order anybody, without bias, who violates ~his simple g~ound ~ule, The Council agreed t~ said procedure. 2. 'The minutes of th~ regula~ meeting cf November 8th and special meeting of November 15th, 1~65, were unanimously approved, on motion by Mr. Croft and seconded by Me. Saunders, 3,a. Mr. John Dugger, resl~ent:.of Delra~ Beach, informed the Council that he is present tonight'h~'~ ~ep~esentatlve of the South Palm Beach County Young RepUblican Club, asking the ~upport of ~he Council in "Oper~t~gn ,~.~2" ~ Dugger informed the~OOu~cit tha~ YEMACCT pt ~a~dg ~r?/~.~..~iS% .S~Ppo~t for the~ ~eo~le '~f $~' vi~'~ Nam to nave, an~i~' Ch~-~S~mas~ iby ~truck. ~,an~ tra~i,,; 'f~h:e~i' ~hls. ~is' a n~ti~a~ PrO ~e6t"~o.s~bnae~e~ 'by' th~ Young BeD~biiq anJ A~ '~mo~rats and mecx'dal "SupPl~s'~n, mon~) that'~Ill, by means of a truck and traln~ne~oy.k~.be, taken ~o 8.a~Francisco ,.and from ,~ere th~ ~... S. A~my ~i11' ~r~sp6~t~ 'S'a-id" ~e~s' b~ air':to '8o~th V%~-Nam ~er~ :they will ber~i&~!buted b~ ~hei ~,..S,. t~ops ~o the needy poD~latio~ of that oo~ytr~',d~ ~is'~', ' ............. .... ' ~', ~ggeP'~ked that the Del~ay Beach City CouncXt and the Citizens of...Detray Beach.i.Officl,a~!l2 recognize TuesdaF~ Nc~embe~ 30~h~, and ~lr~n of' it~,' th~o'~ion' being s%~'~ndea by Me.- ~urney. Mayo~Ave~y..asked~that. it, be~.inoluded,in the. motion that the City csllection~o~utS','~aa~:~ Clt~'ha~/~ar~"io~atio~s ~hht could:be u~d, ~.~eadd'~ti$:n'%~'~h~met~f0h '~As '~c~pted by Me, Croft and Mr, ,J~ney, ~and.; BP:On c~['0f:. ~: .the. motion carried ~a~.ouSl~, ~ · ~he' vo~nc'!I ,~at'~ :.ed '~'~m~'e~'.aP~d ,.~ 0p. p0~.ini .th~' Pur~asel Of ,ad~it,t0nai is' .agta.6hed tOi'~e ~r. la:idl,:.a.o~: q~ t~e~e '~es~)($e~' page ~32~, A, NOVember "8~d~.,~oPp.~s~ )~:~r6~0~ed .~'p~h~se' qf! ~l~ec 'a~.length. on-the p~p0s~d~'P~ncna~e, ~.' addltio~al,.~eaoBbY the OilY: Of' De'l.~ay' :Beaoh.': .A~O'4ne~' RoYce i Ski~'~:e line,rs:rand,s: the .-, '" ~qugs~:tion as' to' .~hethe'~ ~ -noah.the ~eaoh :ghbUI~.'he.'jpurohaS~'~'.h~!' ' somehow foUnd ~%s '..wa~ 'int~"ithe,"po~i~i~al .tsaUa at'.,th~S ~im'e,' ~d: he ,assured everyone ~hat h~ ~is' ~et speak~ng'/~6~ 0~.~gai~t'o~ :~'~ehalf of or in opposition to any candidate. Attorney Royce said he was not here really to speak for the propo- sition, or to speak against it, but he had an alternative that he would like to suggest for CounBil consideration. Att©r~ey Royce c~mmended the Mayor and Councilmen for the present fine City recreational ffacilities. As an alternative to a rapid or quick decision, or a decision in the very near future Attorney Royce said he felt it would be well for Council to consider--allowing the people to express themselves and make their wishes known in-sene manner on this subject. He explained at length-why he thought this alternative would be a good idea,, and mentioned the question of zoning, initial cost of the beach, cost of impro~emen, ta and the pro~ection fro~ erosion of said beach, the extremely high cost'of e~osion protection proposed for the existing public beaCh~ and that if all of-that coat was paid from the $1,200,000.00 Cige~ette Tax Bond money-there would be little or no money left in the Capital Improvement Fund from 'the stle of said bonds for the other items of Capital Improvements that'were proposed to be accomplished with part Of said Capital .Improvement mone~ Attorney Royce said he thought this matter Could"be brought .t0~the public at the December ?th electiont or any other election, at little or no cost to the City of Delray Beach, and feels that would be a benefit to the ~ecp!e ~of Del~a2 Beach and to the Councilmen, and asked the~Council to give it thei~ serious consideration, Attorney Royce presented the following Petition to the Council, and said that it was signed b2 approximately 162 residents of Delray Beach ~ "We the undersigned taxpayers of Del~ay Beach are opposed to the purchase of ~00 feet of additional Beach without a pUblic referendum." Mayor Avery said that the Council had~ agreed, because they did not want this item to be a political foo~tb~ll, that ~ey would 'b~sider any presentations concerning .the proposed ~ea~h purchase at a later meeting after the elections, So that it o~a~d e~ot be ~onstruc~asJ~ being political. Further, that he has the ~A~t of the Chai~ to direct the City Clerk that at ~ meetin~he;l~ ~oncerning this item, that all of the petitions and p~eaent'~ions, including the tape on Attorney Royce ~s pP~sentatio, n, or any meeting the Council has to dis- pose of this subject,, those ~wilX be ~ead, - MaYor Avery requested that., any mee~tiy.ng ~l~eld on that subject would be properly publicized so that the people w~o ~a~e interested will be ~eard. ~. Mr. Cr?ft read the Beauti£Xc~tion Committee ~eeet~ng minutes of November l§th, 196%, with Council action on ~t~e £~ll~w~g three items of said minutes ~ "Vtem ~. ~. ~.ankton' .reported .on ~t~e::'~tudy' ~e '~h~.d made of both Del~ay~S and Pt. !~ers~ ord.'inane'e ~e',,: removal; Essentially,,~th· two .Ordinances are quite similar, but ~t. MYe~i~ is more effective-becaUse it is enforced and they do a better J~b of,~ educating the pu.blic. It was sBgtested that' ,an i~st~uCtiom sheet~.~o out wit.h, each water..bill, that newspape~, publish dates of pick up~ and that we ~mphasize'~he ~t$~ .of P!aeing trash on the curb. ~, La~kton moved thA~ the City Council instruct'the City Mar~ager to issue.notices to- all householders, reiterating the present gtrden and trash law, indicating pick up dates in each seotioD., and that the City-Manager see that. the ~dinance is enforced. Motion~ seconded and 'paSsed." - (Action_.requested) Concerning Item ~, Mr. Croft moved that the CiYy Manager be in- structed to issue notices to all .householders, reiter~ating the .. present garden and trasB law~' in~icating pick-up dates in each section, the motion being seconded bY ~Mr; SaunderS, 'and unanimously ca,tied. "Item 3. Mr.~ Gatchel was delighted .to report that he is now in the process of moving junk cars out of Del~ay. S~nce this is delaying the ~e~la~ clean-up progr.~ -2- 1~.22 65 slated for November, ~., Santo moved that Clean-Up be continued tl~rOug~ t~.~th of Dec~ber if necessary. Motion seconded ~d ~eed." (Action ~equested) ~cnce~ Item 3, ~. Croft moved that the Cle~,~ be contin~ t~ou~ the mon~ of ~cember if necess~y, the motion berg s,conded by ~. Talbot ~d ~ously c~ried. "Item 7. Bbth ~'s~ Little ~d ~. Bowen reported on. the ~outheastern 8tares Litter ~event2on ~d Beauti- fication Workshop, ~ch the~ ~ttended ~ ~t. on November 12~. ~ey were most ~atefu! ~d proud to have represented De~ay in this-~ort~t co~er- e~e. It pro, ed to be'a %~ry-profitable ~d insp~g meet~g ~d ~y have bro~ ~ack ~y~pointe~s ~d ideas which c~ be~ adapte~ in De~ay. ~ FOllowing le~hy discussion, ~. ~rr~t moved that CIP pro~ Ancl~de ~eXtensive beaUtifi~ati~n ~d~, ~eh should, be given hi~ prioritY. ~ch g which ~uld be c~efull2 :~t~ed b2 a professional desi~e~d c~ied ou~ [n S%ageai could give City a dist~nctive ch~Cter ~ WOUl~ be a boofl the ecoAO~, thus benefi%ti~g A~ citizens~ Mo%t~ seco~ed and .carried.". (Action reqUSs~ed) . oo~ce~nt~g item 7~ ~d ~he motion ~f ~. ~r~itt tha~ ~e~ay CIP Progr~ i~cl~8~ ~extensiV~ beautification pro~, ~ich should be given hi~ p~i~ity, ~ 0~O~t m~ed that this be considered. ~e motion was seconded b2 ~. ~rney ~d c~ied. 4.a J: L~A~ r~l~:.~l~, e~e~ the ~lX~o~mg~'~i~~e~ 0~iz~ti~O~ :~ee.z~.~t,~g~?..,~es . o~'~ ~...n,,--. .... ?.: :.~ ';~j'~ Sword' D~~ B~ae~: B~'a~d ~f'?R~al~?: "' :"' :' ~'" ~:-.' ~dr~w Gen~ ~a~e of Women Voters . ~s. ~llis ~. Pl~e 5.~;' ,~tytU~e~:'.~r~'Pea~'[ %h~": f~tl~W~g; l~'te~:~:~m the Ch~ber '~rln'g"th~. pa~~ :ye~'-- Z:-~'~ten~, en 'beh'a~ :OP So:~a Of" ~-t~' ~d-m~mbe~: of' the ~ay Chamber' ~jf'~ o,~e~'~~ ~* "a~n~'e~e" ~o'~'~ -o~:,~tb~ks:. ~":.- ~7 ',~ov~-me~,' ~v~..~:e'n made ~n'.~Wncingour '~ ity.-~n.~ ita,~ p~lit~ea!': ~c:~e, ~:ax, :a,t~tUre, I sX~ce~atT-, hope '~h6 ine'~g:. $O~a of :9~O~s may receive ~hi~ ame sup~o~ in its ~s:~..eff~ ~,a.~ ~yor AVer7 p~esen~ed"~e fo~IowAng t~te~dS~.t~-' ~n~t:"-'~~ '~S DIG~T" m'~g~zi~e: sa.%~s'l'" ' .' ~ov~m~'~.~.',~'~.~,f~ ',i,' .',.': ,- ' ,= '- :: ]". ".- " .... :' '" ~. ~t~ney moved that the request o~~ the Junior Clus o£ Ca~ver High School to conduct a Beade~s Digest ~agaz~e sales c~a~ t~ou~ ~e ~Oth off November. 19~ be ps,tied, ~i~out flees, The ~.a. ~. ~ne~ asked ~ ~e C~t~ ~e~ has talked ~th ~e PO~Ce Dependent' ~n ~eg~d to the c~os~n~ of b~s ~d p~ck~e on election da~ ~esda~ Novembe~ 2~d, Ct~ ~a~e~ Gatche2 t~o~ed ~, ~ne7 that o~de~s had been issued ff~ bls off,ce, ~d that the section of the Ch~te~ dealtn~ ~1~ s~e ~uld be ~lth ~ ~ov~be~ E3~d ~d on Deoembe~ ~.a. ~, ~ne~ said it appe~s that s~ people ma7 ~ant the ~00 ~eet o~ p~oposed beach ~to a pol~t~oal issue tont~t, but that he does not ~t to do that~ aYth~ he h~ a p~ep~ed text election ts ove~. ~.a, ~, Talbot said that he h~d ~eoelved a tea-sheet ff~om the Boston Beach St~ Ne~pape~ ~d ~ ~tem on s~td sheet p~oposes that S~lnton A~enue be. extended to ~s~on ~. Talbot s~td he did n~ ~o~ ~hat ~at ~ou~d~ ~nv,ol~e, ~ it ~ou~d pe~haps take a sure7 ~d involve ~a~ Beach, Boston Beach ~. Talbot su~sested ~at the Ct~ ~a~ contact Co~t~ Boston Beach to see ho~ the7 ma7 feel abOUt s~e. ~aTo~ .Aver7 suggested a motion dt~eottn~ the Ctt~ ~ger to e~e a come,enos between the Ctt~ o~ ~a~ P~ Bo~d, ~he In o~der that this ma7 be P~ope~l~ ~esolved be~o~e ~t soe~ before the political bodies. It ~as so moved b7 ~. T~bot. The motion ~as secoAded b~ ~. Sa~de~s ~d ca~ted ~~s~7. ~.a. ~. Talbot said the~e had not been a ~t ~ ~e ne~ se~e~ he ~ee~s the Co~ct~ should be kept up-to-date ~ ~. Talbot-~hen m~es as follo~s~ "[ move ~ ~, ~a~O~ the City ~e~ be ~equested to ~tsh the City Co~otl ~t~h a ~epo~t cove~l~ the oos't off matnten~oe ~d ~pe~atton o~ ~e existing' Clt~ se~e~ s~stem. ~ts ~epo~t to be itemized b7 oa~go~les off e~pme~t~ po~e~ chemicals, etc.- ~s ~epo~t to be ~shed as soon ~ possible, with the t~e period not to e~eed thirty ~e motion was seconded by ~. Croft ~d c~ied U~OUSly. ~. Talbot Shen oo~ented and moved aa foll~s~ "~ co~ection with the rehabilitation of the old se~e~ system, I move 2ou, ~. ~Uor, that the Oi~y ~age~ be instructed to prep~e a report on the e~enditures ~o date in ~he ~ehabilitation ~d cle~ of the old sewers. ~is ~epo~t also to show ~e ~ount of the o~ ~ystem o~- pleted to date, ~d'also show ca~~ ~' ~~ ,~ ~. equipment, material, e~c. ~is ~eport to be ~rnished~ as soon as possible ~d the ~e to be not mo~e th~ thirty days." ~e motion was seconded b2 ~. Saunders ~d c~ried un~oualy. 5.a. ~yor Avery said ~e~e see~ to be a need for a sYudy of the do~to~ parking situa~$~ as h· has had several oo~laints f~om · citizens, mainly fr~ s~et~ies of ~e do~to~ busi~ss offices, and bus.ess pe~le that they ~e be~ t~eated ~Justly o0m~erning parki~. · C ~r Av~, suggested ~hat the Oh~be~ of Co. eras ~d the Pa~king o~ttee scale ~blicized coherence on this situat~on ~o see If there is~.~w~"~at relief c~ be given to people that ~e In a c~ges~ed ~. ~$~ Co~cil pe~ssi~, Mayo~ Avery directed the · City ~ager to ~ohed~Xe a coherence aS suggested ~in ~ endeavor ~ive at the p~cper Solution o~ adJust~nt ~o the p~king situation, to take 0~e of.those pe~le ~o feel th~2 ~enot being treated fairly. ~yor Ave~ said that he w~ld give the Ci~ N~age~ the n~es of ~e people who have co~lained. ~.a. Mayo~ Avery.said~he had ~eceived 0~lain~ f~om::ct$i~ns in Tropic Isle ~ivi~ion oo~eer~g ~he ~pt oonditi~of the y~d of a yacht house in that ~ea, ~d asked~ ~e status ~ the City,S ability to go upon. such property and abate ~the ,muis~~e. ~ City Attorney Ad~s i~ormed ~yor Avery that in such ease City Clerk could be ~irected to place .same on the Nuisance Violation list~if.', it'ts~d~er.mined~that'.~he eond~t$on ~f~:.the proper~y.:dld violate .the City OrdinanceS, and abatement of same would be taken care of in the usual manner-as prescribed by Chapter t5 of the Code of Ordinances. Mayor Avery commented as follows: ' "Wi~h your permission gentlemen, I will direct the Oity Manager t~ Proceed with the utmost expediency in this situation in.particular and all of the similar situations in general in this Community." The counci .~men were In agreement With Mayor Avery and it-was ordered. 5.a. M~o ~urney raid that inasmuch as the Councilmen are all inter- ested in the taxpayers of Delray Beach, he would like to move that the purchase of' the ~00 feet of beach on South Ocean Boulevard be placed on the December 7th ballot for-a straw vote. The motion was seconded by Mr. Saunders for a .matter of discussion. Hr. Talbot Said it is his opinion that the matter of said beach purchase has become .a political football, and then read Article II of Heiolution No. 30 6~, concerning.authorization ~f construction and acquisition of various Capital Improvements which include "the construction or acquisition of an oceanfront public park and provements and works to protect the same from erosion". - Hr. Talbot also 'read excerpts 'from the Council minutes of the August 13th, 1965 meeting, at which meeting Resolution No. 30-65 was passed and adopted, and further stated that he is still in favor of the purchase of that beach,. Hr. ~urney said hi~. reason for making the-motion is that he ..is interes ~e~~.' i~' .th~ ~-~x~.k~'.e'~:' 'h~VX~g~ ~the' '~ight.' ~t~"voi~~ bn' whethe~ ~ ~th~y~ wa~' the b%aCh.,: ': ~;:' ~-~e~: %he~'~e'a~' 'an? ex~e~-f~om %he ~inUtes the'.i S'ep:t eat-er: 8~h ,:" '1~ $5'.' ;~'o~U~c i~'~ mae %i'ng[" c OnCer~ :the.'. bound. of $'!,200~,-000';00 '-tO be flinched ~'y cigarette.: ~x' mOney.',~ and ='dis cussion~'e~onc.:e~ning.the approximate'cost of projects to be included in th~'-~api, t~I: Ym~'~eVefaent, PP~r~r~, also the Priority ofI Sbme p'r'oJects over Sther pPojec'ts~. ;~- ' ~ . ......... ~ .'~" .: .... ' During ..length~: com~ents, ~'~: saunde~S 'Said'~ that' s evera-~ months ago the decis~ion-~was made ~by ~the present Council that it would, be a good idea' ~for Delray BeaCh to-~pur~haSe ~said~ 400~feet Off'Beach:. "Hr'."Saunders Saundere commented on price and availability of beach property, erosion of the public beach since 1919 and possibility of future erosion '.of the PUbIi~c ~each and~ 'the need ~of .'a ~!12 ~beach: ~ FUrther, that he'-f~eelS '-~he"p~gp.'16 ~of~ D~ .!~aY~Be'ach have c~f~.~enge' in ~the Couno'ilm~n~they_' e~ec~', And.~'that he.".~does~ not think there-neede to~be a str-aw VOt-6'bn' th'O"beach p~reh~ase,~ or 'on the 6thor it~ems ~c.IUded - in' the ~a~ital Ir~Prgvemen~ ~r~g~aml~ '- "' Hr. JU~HeY~ said' ~ c~[n readily be seen that 'some. of-;the proposed Capita~ Yml~r'ov~m~'nt~ Pr~Jects'~re nee.dod,~ h~' that. he d;des desire a' straw ve~ce-by' t'~x~aye~'.S-,on the' ~e:aoh p~r~hgse,'','~ Tha~ In the~'~.beginning he' was'~ .,t~ 'favOr of the ~eao~ p~r~h'as~, ~ '.~A'~.ha$' chan-ge~d"his rdind ~s he feels ~it"'may bec'c~6 :'g tax ~u~den' 'tS the'.C,i~i~eh~s. 6~- Del~aY ~Beach. - ~During:. co~-~ents~~: Fa-., C~o'ft~'sa~'d, he. 'had ng~ ~h~e'n t~o' m~.,ch ~im of the ~'additi'oHaI- be~bH- ~h. aS~- ~mn it" Was '.firstI p'P~e~e~ed ;-: however, in~ di'sCuss~ng: i~~ wi.th"~i~e~e~' pjOple, .~d' 1~o~ 'bo the future~ he is' in f'~v~' 6r the ~eha~e of -sai~' beach"aS he- feels that~ too m~y t~es only the ~ediate needs ~e co~ide~ed ~d not the fut~e needs ,. for' 'thb .gOOd of.' Delr'~Y~ ~abh," a~. ~ t~ r~e~t. 'D~ ~y.L ~'a~h vo~e by/. t~e:.'-PeOPle ~ ~h~'~'.Dr~J~d~ beac~: ~U~haSe:~ ~_~ ' : ' ~' ' ~ring' t~Y ~ O~n~s;~ 'M~lo~'~'A~ery~ ~S'~~ h~:-feets the pres ant' city counc~iI~ is a fine one, '~'welI 'b~l~ced.aS Far 'as ~r.ep~ee~entation of the People. :is( coHee~ned-' as':'~ ~e~-each~ f~m' di~ferenb 's'~ctions ~yor Avery Said ,the ~p~opO~ ~$~$ac~-~Pup~H~'se' had 'Been discuSSed at length,' With the Whole :'CodHctl.~ in· -a~'e~nt,. ~' i~ .had .been ProPosed tha~-it w~Uid 'be-~ro~e~"]'l~'"~ ~: ~hat ~OUld ~mak~ it a real ~sset to the' :Co~tt~, ~d W~Id.'' make A ~ogd'~ f~il~-~b.e~6~1'. ~rther',' that he 8'o'es. a' lO~ of ~eading 0~'. ~ea ~de~elopment ~.' '~d ~'Sobthe~n:~ ~Be'i~-"; ~ ~ TelePhone C~,,~ ~ler~BA P~r ~.'Li~t CO~y,: ~d~the 'S~a~e BOld'of Heaith.~ i~ ~1 'of: ~ei~ ~OJ~C't:iS~' '~e ~'pre~lc~t~g ~g~°wth,. sp'en~g' mo~ey ~in thins ~ea ~O'~t~e '~e '~of' the~. p~ojec~d ~c~d-la~.ion setJuP~~(aisc'~ that l~e' FIgrida :Att~tic ~iv'~rsibY~ill~ C'gn~'~e to the~ ~b~h' O~ this. '~ea~; .- . ~'. J~ey.' l~b'~ .t~e Ceuh~il that he had:~.me~. ~ T~He. '~eSidents in the~ a~ea of ~he proposed ,beach, and' 2he~r a~e not in favor o~ ~he City P~chas~g said beach. '-~on call of. rol~. on the motion that the p~hase of the ~00 fee~ of Beach ~ South Ocean'Bou!ev~d.be pIace~ on She ~cembe~ ballot fora s~raw vote~ ~.~ ~ey'vo~ed in 'favo~ of the motion-~d ~. C~oft, ~, Sanders,~ T~lbot, ~d ~y0~ Avery were ~e motion did not c~ry. 6.a. 0oncerni~ a reques~ fo~ extension of sewer co~=uc~ion in ~ea' 11, City M~ager Gatchel refer=ed to a le~te= from ~. Hu~ W. VOS1, acc~ied by a map show~ properties of the Lake ~da ~v. elopment Corporation, ~d i~ormed ~e Council that '~.. Vogl is requesting them to include the two blocks of ~ke ~hore ~ive in S~i~ary Sewer '~e.Cit2 ~age= reminded the Co, oil ~hat~ ~e plus ~d specifi- cations foM Section 11, authorized b2 Cou~ll, did ~clude terrace o= addend~ over ~d' above the area o=iginall2 described, ~hat addend~ berg the exte~ion of the sewer system ~t N, ~. 9th St=eot as requested ~y ~+ Vogl. ~e City ~age= then reported ~ roll,s: "We Just received t~ay, fr~ the ~nee=a, ~ssell ~ ~on, the'plus and spot,i- cations for section 11, ~d ~his has been included as ~ addend~ ~he original au~orization which, you gave. ~o= .yo~ consideration ~lternate bids o= additional Bids will be ~dver~ised on it,-then it will be C.ouncil~S discretion ~d consideration as to ~ethe= 7ou have th~ sufficient funds to go t~ou~ with .~his, or if you thi~ i~ is 0itu ~ager Gatchel ~aid he' felt the proper motion fo= this item would be that pl~ ~d spec~Fioatioms be received on the ~sinee=ing requested by ~. Vogl in the ex~ension of ~he sewer system out 9~ S~reet WeSt of ~. W. 8th Avenue. It was so moved by ~. Croft. ~. Sanders seconded the mo~ion ~d said he believes the Council ~lll be willing to extend s~d sewers if 2here is sufficient monet. ~. Vogl ~o~e~ ~he Council ~ha2 he has a sale, depending upon se~r inst~ll~tion, fo= .a ve=~ e~ensive ho~ in that ~on call of ~o11, the motion c~ried un~ously. 6.b. City ~ager ~tchel i~o~ed ~he 0ouncil that t~e Moder~ L~age Club of O~ve= Hi~ School see~ per~ssion' to solicit funds in oPde~ that au=~ f~ds, together with other income, ~ provide $7,250.00 ($7~5.00 for each of ten students), ~o enable said s'tuden~s to atten~ the ~e=ic~ Institute of Fo=ei~ S~dy in ~ "OPE~TION SPAIN", a ~0-da7 p=ogr~ at the University of Sal~a, ration fr~ New York being scheduled fo= J~e 29th, 196~. The 0it7 ~age= said ~he'0~ncil has a copy of the ~onstitution of the M~e~ L~age Club, a copy of a ~te= to the ~ious'p~ents from the sponsor Of that o=g~ization ~d the Bch~l P=~ipal, also a copy of a q=estio~ai=e fr~ the ~e=ic~ ~nstitute fo= the P~ent~s si~atuPe if they desto their child to p~tioip~te, ~e=e was diseussion as to the dates desired fo= said ~d ~ethe~ it ~would c~l~ct with other solicitations of funds a~eady ~ted bY 0ouncil. ~. Talbot moved ~ha~ pe~ssion be ~anted ~ the solici~tion dates could be obtained, as it ia rather indefinite as is. City ~ager Gatchel suggested the motion be p~ased so that in the e~ent $~e~ dates for solicitation do not co~liot with ~y other sol~t~t$o~' that Council has ~pproved, that' this De approved. ~. Tal$o~ aocep~ ~at suggestion to his motion, alSo'"that said pe~ssion was subject to the appr~kl of ~he SoIici- ration C~ttee, ~he motion being 'secomded 'by ~. ~rnet. ~on call of roll, the motion c~=ied un~ously. 6.c. City ~age= Gatohel ~ounced that ~ ~pp=opriate pro~ has been ~=~ged by ~s. ~ha Merri~ ~d ~ss Addle ~dy, on bsha~ of ~he ~ening G~den Club, ~d the C~ncil is u~gently requested ...attend s~e. ~ther, that said p~o~ Is f~= the dedication of the FO~AIN at the Delray Beach C~ete~7, at ~:00 P.M. ~ S~nda7, Novembe~ 28th. ~ ~. Mayor Avery ~equested that. the City ~ger~remi~ ~the CounCil ~e Mey"perso~el of the City Administration o~ this ceremony, prior 6.d. H ;gev *atohel i~o~ed the 0ounoil~that the Club o0tty f De~ay Beach requests that the City turn~ over to Exch~ge · ~em all of the bicycles which have been i~ounded in excess'~ of six months by the 321 Police Department, and that if that request is g~anted, such bicycles will be repaired and painted by t~e Ex~hang~ Club and donated to needy ~hildren on Christmas Eve. Said request from the Exchange Club' was unanimously granted, on motion by Mr. Saunders and S~oonded by Mr. TalbOt. ' 6.e. In cor~pliance with Section 1~3 of the City Cha~ter, Mayor Avery proclaimed that the General Election for the City"of Delray Beach will Be held on Tuesday, December 7, 196%, between the hours of 7:00 ~$m. and 7:00 p.m., the polling place to be at the Community Centex;, N; 'U,' 1st Avenue, and that all qualified electors of the City of Delsey Beach shall be-qualified to vote in said election. 6,~,~' Co, corning appointment of Clerk and Inspectors~"for' the General El~$ion to be held on Tuesday, December 7th, 1985, May.or Ave. fy ree~ended that the sam~. people be used that had been in prxor ele~$~ons, with the balance of the suggested names being used. ~s alt~'~nates if needed. It was se m~ved b~ ~. Talbbt;. The m~ Om was seconded by'Mr'. Saunders and carried'unanimously. 6.g', City Manager Gatchel. reported to Council as follows: "The Chamber of Co~erce Charitable ,~olieitations Committee recommends approval of the following additions to the National Foundation's (March of- Dimes)~oticitations previously approved by Council: 1. That coin boxes be allowed during the two week p~riod ~pproved for the Foundation's solici- ~.~.~ .~. ~"~l~,~,',,the4 "~{~~ be appr~ve~',£e~ 'O~'e~: d~yj ~..:,,:-,, ' ,:SA22rday,, ;':pi~l~l~ to..:'-the ~, ,others t Ma~ch. The plea~ur? of the 0ouncil, concerning this ad- . it ~ bUtD~he~,C ~m-i.t tee ~ ~s-, th~'~-:-the~e~ ~d'~i'tl<~a':-be- approved, and so moved, The motion was seconded by Mr. Croft and upon call of ~oll, ~;~- C~o~ ,Mrs',1: 3U~'~eT~ -~. ;' S-aund e~s A~a: M~.. 7or, f. Av o~'~. ~ the ~':mOtiO~, :'~ ana~.'.Mr';.'.'-TalBot abs tarried ~:om v~t~ng .. '~ ..,. $,Ah.' - cm~c e~ning~ :an 'o£f ~r'~ f or' c oily eyano'e.:, ef ' c e~tain-"l~nd s~ to' the City i~or' recr~t~$nai:~pose~ ,?C'it~. Manager~'Ga~'~h,e~'i inf°rmed~' ~hht'a-'~8'~8' h~a ~een'.~'~'J~e~'' ~rO~ ~he~;G~e~ ~:facturing Co~y to the ~$ty of De--ay Beach, of'a tract of l~d c~risi~g approxi- mate ly :~:~ ae'~eS, % ~s'~: Sh~~ by': ~'~' aec o~Ti~g~' sk~; shall be used fo~ ~ecreationa! ~d ~e~e pU~s ~e p~mcu~my the 'po~i~:~P~e~t:'~f'~'the':C~'~y'~f'' De,~ay'Bb~:~d for no o~ner purPose~'~..'Furthe~?'that~ :$B~, ~i:'c~ta.[~.:. O~h~2~hdi~ions concerning the' Sd[lding 20 Be'" e~eetea'~'".t~:'ma~inte~ce 'o~' ~nds, etc., ~d that said' t~d:: tS 'l°ca~d~'~m.~what' we~lff~be' ~-:."~xSen~giOfl' ~f Mission Hill Road ~' WOu'ld abUt~:I~t~s~A~e,9~,Jas~p~$p~sed'~.; "'-' ~. T~tb~ ~v~8'-~h~.'~a~:' t'~~' ~e' '~atef~Xl~-:~ acoepged ~d. proper 6.i; Con~b~ning.:~.a~pointme~'.to-t~e' ~et~rem~t Oo~ttee, City , , ~ager~'~GA~het: r"epR~ed -t o~ ~0o~oil as follows":' ,'As recently dirge by CoUne i'l~-: ~'::et~cS'~nf W~S; edndUC~ed -"b~;2~e::o [ty; e~loyees ~fec~ed 'by the, PenSion'.,~b~r~'.f~r::~h:~:'P~rPeS:e"Jf~'S~t~t~ one fr~'their mid,t; t~. be'/~e~d~'d~t$~.'C6~R~l for' he~B~P~ on. the. Retivement C o~tt~:ff~r~ ~n~'~'~"$~,. b~e~ th'e~" P~S~6n'" P~ ~ '~ ~ YoW-haV e~ ~he'" ..... ,. , %~ , :.~, , ~,. . ~,. -~ ~..;~ ~., -,,,...'. -~ ~,~'..~ ....... ;..~.~:L~,. ~P~'ot~.p'd' ~o S~td Re~en~ CO~l~tee~" ~Ae mO~t'o~ ~22 6.J. The City'Manager info~med Council that due to" the sale of the Crystal Lounge, located at 1~O East Atlantic AVenue, appli°ation'for transfer of Li~lt!.o~, License No.-280 from' William ~omas Snow to Paul" and Mattie Samvinas, the new owners: o~.'tt~e.'. procedded in'cor~oltance with 6"napter 4 of the Ci%Yts Code of'0rdi--' nances and approved by the investigating.agencies; therefore, it is recommended that said application be approved. The transfer of said liquor license, was unanimously approved on motion by Mr. Croft and seconded by M~. Talbot. 6.k. Concerning a survey of parcels of land in' violation of 'the City Nuisance laws presented by the City Manager, Mr. Talbot moved that Chapter 15 of the Code of Ordinances be complied with, the motion being seconded by M~. Saunders and unanimously carol-led. (Copy of survey list is attached to the official copy of these minutes.) See pages 326-E, .a. City Clerk Worthing informed the Council that a ~equest has been received fo~ rezoning of the West half of Lots 21 and 22, Block 117, from R-3 (Multiple Family Dwelling District) to C-1 (LLmited Commercial District). Further, that Lots 21 and 22 front on S. E. 7th Avenue in the first block South of Atlantic.Avenue, and the West half of said lots-being contiguous to the North South 16 foot alley in Block 117,, and that Ccuncilmay deny this request or refer same to the' Planning/Zoning Boemd for a public beaming to be held thereon.. Mr. Saunders moved that said request be meferred to the Planning/ Zoning Board for public beaming, the motion being seconded by Mr. Jurney and unanimously camried. 7.b. City Clerk Worthing informed the Council that. th~'Delvay Junior High School, thmough Principal H. R. Alexander's' office, has ~equested the use of the CommUnity Cente~ts gymn&siura between the hours, of 5:00 p.m. and ?:00 P.M. during the basketball season, it being under- stood and agreed that all activities will be under the supervision of the school's basketball coach, Mr. Francis J. Hogan. Further, that in concurring with the expressed approval'for such use of the'gymnasi- um, as given by the Recreational Director, Mr. Alfred E11iott, it is recormmended that this request be granted with the understanding that the City Manager ~ suspend-, the privilege if and .when it becomes appament that it is for the betterment of the-City.. It was so moved by Mr. Saunders, seconded by Mr. Talbot and unanimously carried. 7.c. City Clerk Worthing read the following letter of resignation from Mr. Richard Hanna, dated November 17th: "It is with sincere ~egret that I find that I must resign from the Planning and Zoning Boamd. I have enjoyed greatly the years that I have Served on this -.board and its-most interesting work with the really fine group of men with whom I have served. Much has been acccmplish%d:.~t~ %h~.~%~'~tflz~s· ~,~,~ ~uhd I a~m certain that De]may Beach in the Fears ahead will be a finer place as a result of both their past and future efforts. My personal and"business obligations at this point will Just not permit me to devote, the time that I feel is necessamy to effectively serve the City and the Board. As much of my work is now out~ of turn or overseas my continued membership beyond this point would only hamper the work of the Board by absences fmom meetings and inadequate time for investigations, study and prepamation." Mr. Talbot moved that Mr. Hanna,s-resignation be accepted luctantly and that a communication be sent to Mr.-Hanna conveying such regret, and thanks to. him for the many hours he has spend on City b~slness. The motion was seconded by Mr. Croft. Mayor Avery suggested, that said letter ~be. a f~ameable--type of instrument with a gold seal ~f the City on s.ame~ Which suggestion.was accepted to the motion and second by~..~Talbot and Mr. Croft. Upon call of ~o11, the motion carried unanimously. X. Mr. Saunde~s them moved that the same type of frameable lette~ be sent to Mr. John Kabler who recently resigned from the Planning Bosmdo 325 The motion was seoonded by Nm.-Talbot a~d oav~led unanimously. property, (the present location' of the Jaycees Clu. onouse on ou AiA) by M~. B~ouwer D.'~Inty~e, dated Novembe~ 15th, 1965, to certain concess~ons~ ~d stated that tt is ~ec~ended that request be ~efe~ed to ~e P~~Zoning Bo~d fora ~eview ~d reco~endation. It was so moved ~ ~. C~oft ~d seconded by ~. Talbot. ~on esl1 of ~o11, ~. C~oft,' ~. Sa~de~s ~d ~yo~ Avem$ voted in favo~ of the motion, ~d ~. ~ey ~d ~. Talbot abstained fr~ voting. 7.e. The following Planing Bo~d ~eport, dat~ ~tobe~ 28th, 196~ was ~ead': "The Pl~in~Zoning Be~d met on Octobe~ 28,'' 1965~ with the~e being p~esent'.- 0hai~m~ K. Jacobson, J. Davis, R. H~a~ A. ~nt, S. -~kton ~d J. Sohiefley. T~ B0~ wishes to reco~nd to Council that ~ec.tion 29-6 of the Zoning'Code, b~l~ R-2 (One ~d Two P~ly . ~elling District), Para. (.b), be ~ended to i~lude ~DIC~ OL~CS~ as a conditional use." It was suggested that it may be the pleasure of the Co~oil to sustain this veco~endation' ~d direct that ~ o~in~ce be prepped to reflect such ~ ~endment, or defer ~y action thereon at this t~e, preferring to ~iscuss such ~tter with the Pl~$~g Bg~d along between Co~cil ~d said'Bo~d. 7.f* ' City Olerk' ~o~hl~ read:'.~s' foltowing.'le~ter' from -th~' Plying ' "~esi~tion from the Plying ~d Zoning Bo~d with re.ets. We WXsh to toe--end ~. ~le Cook, ~., to fill this ~ac~ey, .with ~. ~omas Woolbri~t as. ~ with re~et~ ~d a p~per letter is to be. ~en$ ~,.'h~; further, that Lo~e~ 06~k?~r.~ be~pprb~ed? ?~fi~l,.%he- VaC~cY?r~a~ed,~ by ~. (Copy::~f-'Re~oluttS~}N~?~O~$5'ls' &ttached.'.t'e the official copy of ~hese minutes) (See ~age 326'G)..~ ~... ,' . .... ~d:. final. ~r$&ding~ :'~y~' Avery relinquished the. ga~X!~ Saunders ~d seoonded ,the mobion".' ~on '~a!l' of .r~ll the motion X. ~yo~ Avery said there has been requ'es~s for sideways in the area of the ~t. Vi~ent Ferre~'CathoXtC OhU~eh~ ~d he WOul8 appreciate motign 'that: ~he'' Oi~y M~age~.: p~Cged '~6 :c ~nduc~'''a: StUdy of needed side~kS thence .~d 'at,nd other sc~oOl ~-~ea~ tn 'the c~nity. It was s~-~ved by ~. Talbot, s. eCSnd~d by ~. Jurney ~d ~imously c arrled. 8.b; ~e C.ity. Cler~ pPes'entee ~S0~ION NOA ~1~65'!.22~65~1 ~24 A RESOLUTION OF THE OITY COUNCIL OF THE. CITY OF DELRAY BEACH, FLORIDA, IN HONOR AND DEEP APPRECIATION OF WARREN-G. GRIMES. (Copy of Resolution No. 51-6~ is attached to the official copy of these minutes) (See. page 326-H) . . ResOlution'No. 51-65'was unanLmously passed and adopted on this first and final reading, .Dm ~otiDn b2 Nm. ~urnsy and seconded by M~. Saunders. 8.c. The City Clerk presented ORDINANCE NO. 35-65. AN ORDINANCE 0~ THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXi~ TO THE CITY DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE CONTIGuoUS TO EXISTING MUNICIPAL LIMITS OF SAID CITYJ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATION~ 0F SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Part South Point ~hopping Center) (Copy of Ordinance No. 35-65 is attached to the official copy of these minutes,) (See page 326-I) There being no objection to Ordinance No. 35-65, said Ordinance ' was unanimously passed and adopted on this second and final reading, on motion by Mr. Talbot and seoonded.'by Mr.-Saunders. 8.d. The City Clerk presented ORDINANCE NO. 36-65. AN ORDINANCE O~ THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE, CITY OF DELRAY BEACH LOTS' I"~tR0~UGH .lO INCLU~, 2, AND LOTS 1 THROUGH'~b)4 INCLUSIVE, BLOCK 16, DEL- RATON"PARK, WHICH LAND IS CONTIGUOUS-TO EXISTING MUNICIPAL LIMITS 0F SAID CITY; REDEFINING THE BOUNDARIES OF 3~LTD CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (PJ~20 ~outh Federal Highway) (Copy of Ordinance No. 36-65 ~s attached to the official copy of these rainutes. ) (See page 32.6-J~ , _ There being no obJeeYion ~o urdmnance No. 36-65' said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Talbot and seconded by Mr. Saunders. 8.e. The 0ity Olerk presented ORDINANOE ~0..'37-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH PERTAINING' TO THE MAINTENANCE 0F SEA WALL~ WITHIN THE C OR- PORATE LIMITS OF THE CITY; PROVIDING PENALTIES FOR VIOI~ATION; SAVINGS CLAUSE; EFFECTIVE DATE, AND FOR OTHER PURPOSES. (Copy of Ordinance No. '3.7,-65 is attached to the offical copy of these minute~) (See page 326-K,326-L~3'26-M) The~.,e being no objection to Ordinance No. 37~65, said Ordinance 'was unanimously psssed and adopted on this second and final reading, on motion by Nr. Jumney and seconded by Mr. Saunders. 8.f. The 0it,7 Clerk presented 0RDINANOE NO. 38-65 AN ORDINANCE OF THE CITY COUNCIL DELRAY BEACH, FL0~IDA, AMENDING THE CITY BUILD- I~(G .CODE BY REQUI~ING PERMITS FOR THE ERECTION, . CONSTRUCTION ~0R ,~ALTERATIONS 0F ~EA WALtS. WITHIN THE C~PORATE .LIMITS 0P THE CITY~ REQUIRING SAME TO 'HE :~]ESIGNED BY ENGI~EERS REGISTERED UNDER THE LAWS OF THE STATE OF FLORIDA ,AND PROVIDING SAME SHALL BE SUBJECT TO THE APPRDVAL 'OF THE CITY ENGINEER~ PENALTY PROVISIONS; SAVINGS CLAUSE; AND PROVIDING AN~EF~ECTIVE DATE. -10- 325 (Copy of Ordinance No. 38~65 i~ attached to the official copy of these minutes) .(S~e page 3~$-~} There oezng no oo3ec~xon to Ordinance No. '38-6%,' said Ordinance was unanimously passed and adopted on this second and final reading, en motion by Mm. Talbot and seconded by Mm. ~urney. 8..g. City 01erk Worthing said that action on ORDINANCE N0..39-65 be deferred until the'COuncil meeting~ of December 13th, 1965. It was so moved by M~. Croft, seconded by Mr. Saunders and unanimously ca~ied. 8.h. City Clerk Worthing presented ORDINANCE NO. 40-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 0F DELRAY BEACH, FLORIDA, ANNEXING TO TNE CITY'0F DELRAY BEACH CERTAIN LAND, NAMELY THE EAST DELRAY BEACH SHORES, k~ICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SkfD CITY; RED~FIN- ING THE BOUNDARIES 0~ SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIG~TS AND OBLIGATIONS OF SAID LA~; AND PROVIDING FOR THE ZONING THEREOF. (1019 White Drive) (Copy of Ordinance No, 40-65 is attached to the offical copy of these minutes) See page35%.D.- · There being no objection to Ordinance No. 40-65, said Ordinance was unanimously passed and adopted On this second and final reading, on motion~.b~ Mr. Talbot and seconded by M~.. Croft, 8;'ii Tl~e City Clerk presented ORDINANCE NO. 4~-65 · ~:v'" AN' ORDINANCE OF:THE -- ~: DEL~AY ~EAcH~ FLORIDA, .ANNEXING TO.'THE CITY OF DE.LRAY BEACH CERTAIN LAND, NAMELY LOT~, LA~!~. · SH01~E:~ ESTATES:~ IN~-:TI~ BOUND~IES OF 8~ID CITY' TO INCLUDE"SAIDv LAND; ?SOVZOIN~ FOR THE-aI~S AND OBtI~TZ0~S ~ ~ 07' SA'ID ZA~D]' AND' PROVIDIN(} '"FOR~qtE ~ONIN~'T~EREOF. (~1Q1 ~o W, 3.rd 8. J. City 51;~k~'We~thin~:pr~gen~ A~. ORD~i-I~ j~.CE'[ OF ~ELRAy' ~BEACE. &n'd!3,"'BLOCEE.LESS THE RIGRT-OF-WAY OF FEDERAL HIGHWAY, LA-HACIENDA SUBDIVISION, h~ICH LA2~D '~ :CONTIGUOUS: TO'~ ~.XISTING".MU~IIC IPAL" LIMITS"' OF, SAID' ": . CITY~ REDEFINING .T. HE $OU~DARIES OF SAID. CITY TO INOLUDE S~:: i,~TD, "PROVIDING FOR :THE 'RIGHTS . AND'OBLIGATIONS' 01~ 'SAXD LAND;: AND::P~OVIDING FOR' " THE! ZONING. T~EP~F'. '(13i31.N&r~h, F,~deral Highway) . . ,. Ordinance Nc. 43-65 was unanimcu~!y ~..1. aced~0ni:flrst ~.eading, on 9.a. City o,]~.erk Wc~t~lmg::~e~rt~d~to OOuneii":as'.'.~ollows: "Council, on. October "2~ :'r~_ed' thei'r~6~t' of 'J~a[h' P~jp~rtyowners for Heights and' Ex~ensi~;%he~bf'~:to-tHe'"PI~in~ning Board for a objections tO1..SuC'h!'p_~op0s~ r~C~ifi~i~"w~r~'~'ec~iVed~. However, the Board de~Pes t~, fd~thepfd0fisid~r this ~atter and therefore, de£~r submitting i~s'_~ecg,m~.~ndation relative thereto, at this time. 9,b. City/Clerk worthing inf-0~med ~h6'~bunc'ii that ~he Planning Board held~ a public hearing on.November 16t~ ~e'l~tive to zoning of Seacrest a~.bdivision. That all'int'eres'.t~d p~Ar~.i~a in the immediate area 'were notified of the hearing and there were no protests to amending the zon/.ng of sa~ p~ope~y ~om R-~ (S~n~le F~ily ' ~ellhg District) to'i'~ (~e ~d ~ ~ily ~elli~ District), ~d it was, therefoee, un~ously reco~ended by the Bo~d that Se~crest Subdivision be' ~eclassified to R-2 (One and ~o F~il~ ~elli~ Disteict). __~ ~. TalBot moved to susta~ the reco~ndation of the Pl~g Bo~d, the motion being seconded by ~. Sanders ~d un~ously c~ried. City: ~ierk ~orthing then presented ORD~0E NO. AN O~IN~CE OF T~ 0ITY C0~CIL OF T~ CITY ~ DE~AY' ~AOH, ~LOR~A, ~ZON~'~ P~C~G ~TS 2, 5, 6, 7,~ 9, 10, 11, ~d ~,~ S~D~YSION, DE~RAY ~AOH, FLOR~A, IN "R~2 O~ ~ TWO ~L~ D~ D~TRI~T~, ~D ~ING "ZONING ~ 0F DE~Y ~ACH, FLORIDA, 1960". ~din~ce ~O. ~-65 w~s un~sly pl~.ed on ft~s~ ~eadtn~.~ motion by ~. Croft ~d seconded bY ~. / lO.a. Ooncern~g utilization of the Police ~bo~ Pat~°l Avery said t~t he had received a call from Con,der ~edy of Delray Beach Yacht Basin who e~lained to h~ a problem conce~in~ the wake from boats us~g ~e .~te~co~tal ~aterway, ~ich c~ easily d~age the boats that ~e docked at the yacht basins ~d Other lo- cations. Mayor Ave~ asked the City ~ager if he had fibres on the neces- sary funds for personal ~d equipment to operate said Police H~bor Patrol boat oma re~l~ basis, ~d the City ~nage~"'said that he did not at this t~e. ~at Police Chief Croft has been out'of to~ ~d he had not h~" the opportunity to discuss this with h~, but that 0bier C~oft w~ld ~et~n tomorrow, and they would discuss ~t would be needed. ~rther, the i~O~ation w~ld be ~ailable for Council in the near future, if they dashed s~e, ~d there w~ld be the necessity of providing money'as there'had been none budgeted for that purp os e. ~yor ~ve~2 suggested that the Olt2 M~ager be directed to assemble such fl~res as quickly as possible, ~d ~der the author- ization of ~he Mayor'-'to call a special meeting at a t~e when all the Co, oil can attend in orde~ that this matter may be disposed of. ~as so moved by ~. ~ney, seconded by ~. Talbot ~d ~n~ously lO.x. City Olerk.~orthing asked Co, oil co~ide~ation of the t~e they desired to hold a'speclal meeting to c~vass ~e November 23rd, 1965, election ~etu~ns, ~d ~. Talbot. moved/that said meeting be held at 4100 P.M. ~ednesday, November ~th, 1965, ~e motion being seconded by ~.~.jurney ~d un~ously c~ried. lO.b. City Clerk Wort~g presented the followi~ Bills fo~ Approvali General ~nd $ 108,599.16 Water ~e~ating & Mainten~ce Fund 4,1~.26 Water Revenue Fund 50~687.23 Se~er Revenue Fund 15,000.00 UtiYlties Tax Certificat;..~s Principal ~d Interest Reflemp~io~ F~d 18,~30.OO ~te~est & Si~ing F~ ~ate~ & Sewer Revenue Bonds - Series 1961, 62, & 63 63,935.00 The bills were ~ously ordered paid on motion by ~. Croft ~d seconded by ~. Talbot. ~e meeti~ adJourned~at 10:55 P.M. Oi'ty Clerk ~PRO~D: "' M A Y'O~R .... -12- 11-22-65~ SARASOTA, FLORID.& OSTERVILLE, MASSACHUSETTS FCRT LAIJDERDALE. FLORIDA 104~ EAST ATLANTIC AVENUE DELRAY BEACH, FLORIDA ~;ovember 22, 1965 ~!ayor A1 Avery De lray ~3eac h Florida ,)ear A!: The proposed purchase by the City of ocean-front property, ap- proximately one or two miles south of Atlantic Avenue, has just come to my atte~.tion. It ',s ~v understandin~, that the City plans to use this property as another i'ob~ic ~each for Delray resldents. It ts also my understand- ina that the City proposes to pay $I,000.00 per front foot, or a su~ total of $400,000. for this property. As.a long tlme resident of this City, and as a mercaant who is vitally interested in the economic development of our Town, I strongly oppose this plan by the City Council - both as a resident as well as a local businessman. As a resident -- 1 object to a Public Beach that would be so small fmbeach area that it would be so crowded that certainly it would not be art asset to the winter vistor, which is one of Delray's most important industries, nor would it be large enough to provide the beach facilities to which the year round residents have long been accustomed. ks m local -~erchant, to whom the winter visitor is extremely tm- ' portant, I can see no advantage or benefit to that winter visitor by addi~a~ a pitifully small beach area that is not only relatively inaccess- ible. but certainly would be most inadequate. i)elray 3each is truly a wonderful community both for the winter visitor as well as those of uS who are here practically all year. ~e are fortunate to have one :nile of beach which has been one of our ~reatest assets. True, this beach has been severely damaged by erosion problems, 'out it is also my understanding that you and your Council have, and are, ia. king steps to correct this situation. It is obvious, in order to cor- rect ,~his situation, that it will require a zreat deal of money; and it seems to me the lo~cal proced,~re would be to use all available moneys to i:~,prove the ~resent beach rather than to invest a large sum in a new area. u~ NAPLES, FLORIDA BAY HEAD, NEW JERSEY SARASO'I'A, FLORIDA DELRAY BEACH, FLORIDA ~!ayor A1 Avery -2- 11/22/65 Furthermore, I strongly feel that the price of approximat~ly $1,000.00 per front foot is way out of line. To my knowledge, no unde- veloped property in the ~0wn of Delray Beach has ever been sold at a price that goes near to this murchase price which has evidently been agreed upon by the City Council. It is also. my understanding that even fully de- veloped proDerty has never been sold for more than $1,0OO.00 per front foot. Therefore, I respectfully ask you a~, ~e Council to re-evaluate your decision to purchase this proposed beach area. As a citizen of this City, and as a lo~al businessman, I feel that such an acquisition would not be to the best interests of the residents of De lray ~each. Believe me when I say that I, too, am vitally concerned with the future of our co~munity, and it is my sincere opinion that to expend that large an amount of money for such a purchase would not be to the best in- terests of our City. I stronAly feel it would be .much wiser to commit that sum to improve our ~resent beach which used to be, and can be, the finest beach on the East Coast of Florida. I ~ffer you my opinion for whatever t~ is worth and for what I be- lieve is in the best interests for nOw, and in the future, of Delray Beach. Cordially, JN'r:b J. ~illiam Tiernan ,PROPm~Plp~ ~N VI0nATmON O~ OP~mNANC~ ~0. AN~ S~TI~ ~ ~d 15~ ~ T~ C~ CODE. PRO~y CITY !.A.J. · Gert~de P.O,Box 103 West ~5.6~ of ~t 15-3 & G~ot P~okee ,Fla. 16, Block 43 15~ ~,~ve C~p~y P.O.Box ": De~ay Beach,F1a. ~orth 50~. of ~est ~ of South 200 Block $6~ ~,Nor ~2 ' 2662 S. ~e~eral N~. ~t "N",T~opic Pa~ 1~3 ~nvestments,Znc. De~ay Beach,Fla. 4.Chiles E. ~c~idt 456 Coconut Road, ~9, a la~,~opio Boca Raton,Fla. ~a~ ~.Reginald ~bster 80 N.E. ~th Avenue ~ 21, Bl°ck 92 De~ay ~ach,~la, 6~City of De~ay City Hall East-~est 15~ Alley 15-3 Beach De~ay ~ach,~la. Block 70 15-~ ~.J.W. ~ Adele Rou~e ~l-Box%6H Lo~ 30 · E~ 35~ 15-3 Rich~dson ~ndlo,Oalifornia of ~t 31,Del~ay .... Beach Espl~ade '- ::' ~J T~. V '-'~ .... , ~-, ,.~7..~ ~, , ..... 8.0wen A. & ..... ' ........ " ~ ........... - ~ch~ba~h Birmi~,~ch. ~ 9'~ch~el':~cEl~~' ~1~ ,Ne~th~ ~,~ xaPga~'es BOUi~.e~ No~ [':6~ ~: 6f .S0u~h~: l~:'& ~ay Beach,Yla. ~ ~t 7,0ce~ Beach Deve.~opment,~no. Holl~o~Fl~. ~:7'~e~n Beach ~' & '' P.O.B~x'1692" "' ~t 3,Block 11 15-3 & McCabe, et al . Ch~leston, W.Va. Seagate Section "A" ~.~ry ~ ~lte P.O'.Box 2165 ' ' ' .... ' .~ ~ ~: Ove~gr.o~ P~t of :' "1~-~ -" Oe~ay Beth,Pla, ~t 36,Block 5, :3.~s. mrene Moore 339 ~As~ A~l~ic-' Sou~ 11.~, of ~ ~ -~ Aven~e . 15. ~ alta:of Lot ~aY'-BeaOh,~la~ .. B16~M ;67'; Co~Po~atlo~ , De~a~ ::B~aoh,~XA,'~ ~ots ~.~nie &.Alta : 7~l";Eaat"~'~un~J~ N°P'~h~'~'~<of::~%~lS.. ": "'~ ' Olend ora,callS, 5, R6s~m~..~k- -6,~a~e: Blgg~ ~.: ~6-1t~ Avenue ~ts-..20 &,-.Zl~Block % 'l~,3.& Bi~in~ l~Ala. .' ..... ~ ._-... - .[.. . - -7,Oi~be~% &. ~ie 2~19 Lot 22.~Block 5, Rose, -9.Di~le D.. O~oft P.0.Bo~ 1~2.. . ~ts. Z3 &.~.Blook 15-3 & 9~gi.ty of ~a~ Cl~y Hall ' ' ' ~ach De~aF Beach,Pla. n ~Aoc:~ ~,H~on~ 1~: ' . - 326-~ · Page VIOLATIONS 1~ 15-4 as concerns this me~ort ame as follows 1. 1~,3 Trash and limbs 15~ Weeds and underbrush 3. 15-3 Old lumber &.debris and remains of sign 4. 15~-3 Loose trash !~'~ Weeds 5o 15.~ Weeds 6. 15-3 ?rash and debris 15-4 Weeds 7. 1~-3 Old palm fronds and trash 1~-4 Weeds under 'Iow har~ging t~ae brooke. 8. 15'315-3-4 DeadWeeds~ronds and limbs 9. 15-3 Dead fronds and limbs 15-4 Weeds 10. 15-3 Dead limbs ~5-4 Weeds .along North p~op~rty line 11.12. !~4~'~ ~eedSweeds~W hang~g l~bs need tr~ 13. 15-3 Dead leaves West corner ne~ the wood g~age ~. 15-3 T~ash 1~4 Weeds 15. 15-3 Tresh and debris 15-4 Weeds ~d ~de~brush 16. 15~3 L~bs and trash 15-4 SCruboak ~d vines and weeds 17. 15-3 ~bs ~d t~ash 15-4 ~c~uboak ~d vines ~d weeds 18. 15-3 ~bs ~d t~ash 15~ 8cruboak ~d vines ~d underb~sh 1~, 15~3 Debris I~ Weeds and sc~bo~ ~d un, thrush ~d vines 3ubmitted to the City Council by the Cit~ Manager on this 22nd day of November, 1965 A RESOI.UTION OF THP. CITY COUNCIl, OP OF DELRAY BEACH, FLORIDA, R~QUIRING PLANS, SPECIFICAT,~ON8 ~ AND ESTIMATP.i OP CO~,~, T~: CON- STRUCT ,A SlD~LK WITHIN THE STR~T RIGHTS- OF-mY OF ~ARIOUS STREETS: WI~N THE CITY. WHEREAS, the CityCouncil has deemed it a matter of public safety and we.lfsre to provide a sidewalk with.i, the rlphts-of-%ay of the following stzsetsl · N. W. 8th Avenue from Atlantic Avenue to 2nd Street. N. W. 2nd Street from 8th Avenue to 14th:Avenue. N. W. 10th Avenue from 2nd Street to 3rd Street. N. W. 14th Avenue from Atlantic Avenue.to 3rd Street. S. W. 2nd Street from 5th Avenue to 8th Avenue. S. W. 8th Avenue from A~la~tio Avenue to 3rd Street. S. wo: 3rd Street from 8th Avenue to 14th Avenue. S. W. 10th Avenue from Atlantic Avenue to 3rd Street. S. W. 14th Avenue from Atlantic Avenue to 3rd Street. Said sidewalks to beI five {5) feet.in width, the City of: Delray Beach, Palm Beach County, Florida, to share equally in the~cost of.such improvement with the owners of the lands abutting, thereon. NOw, THEREFORE, BP. IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows= ~ECTION~it That the City Manager be: required to sub- mit plans,, specifications anti an estimate of the cost of such improvements to be made~ a~d that the same shall be placed on file in the office of the City Manager. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Plorida on this the 22nd day of November, 196~. _/S/ Al. c. Avery ................ , MAYOR ATTEST: /,S/ R. D. Worthin9 City Clerk RESOLUTION NO. 51-65 A RESOLUTXON OF THE CITY COU~CXL OF THE CITY OF DBLRAY BEACH, Iq~ORIDA~ IN HONOR AND DEEP APPRECIATION OF ~RREN G. ~tIMES. W~EREAB, the Christmas 'Lighting Committee of the Delray Beach' Chamber of Commerce has recently been confronted with the problem of replacing the Christmas tree which has an- nually been erected on the beach in this community; and WHEREAS, W~RREN G. GRLMES has Offered to purchase a new tree which will be superior to any of the fo~mer trees, and which should last for many years; and WHEREAS, throughout the years the City of Delray Beach has received many contributions from said ~%RREN G. GRIMES, including the annual J~ly 4th fireworks display; how- ever, many have gone unnoticed; and WHEREAS, the City Cottncil' is desirous that the generosity of ~ G. GRIMES be ~eco911ized~ acclaimed and permanently ~ecorded; NOWw TI~REI~ORE# BE IT RESOLVED BY TH~ CITY COUNCIL OF TRE CITY OF DELRAY BEACH~ FLORIDk, AS ~OLLOWS{ In honor and deep appreelation of the many phil- anthropic activities of ~J~EN G. GRIMES wh/ch'have ac gte&flY benefittea the citizens of this community, we hereby ~eclare that Friday, November 26, 1965~ shall be ~%RR~N Go GRIMES DAY". Tt iS further resolved that the City Manager, in conjunction w~th the C~amber of Commerce, shell arrange an appropriate ceremony in further commemoration of his generosity. UNANIMOUSLY PASSED AND ADOPTED this 22nd day of November, 1965. CITY OF DELRAY BEACH B.~-/S/ Al. C. Avery AL. C. AVERY, MAYOR ATTEST /S/ R. D. Worthing 326-]~ om~xs~c~ so. ~s-6s. zO~ ~o~.. ~S, ~IS ~I~S is the fee simple o~er of the prop- erty hereinafter d, scribe~, and ~S, ~IS OHIN~, by his Petition, has consented an~ given ~rmission for the annexation of sai~ property by the City of Delray Beach, and ~S, ~e ~ity of Delray Beach has heretofore been au- thorized ~o annex lands in accordance wi~ ~ction 185.1 of ~e City ~ar~r of sai~ City grante~ to it by the S%ate'of Flori~a~ NOW, ~V~, S~Z~'O~Z~ ~V ~ CZ~ CO~C~ O~ T~ CITY OF DE~y B~CH, F~RI~ A~ Beach. Valm~seach C~uU~Y,. ~10=ida, he=~Y a~exes ~o. saiU C~y the South, Range 43 ~ast, paim.'~ch County, ' Florida, ~arter of ~e Not.east ~irter~of ~e.~uthwest Eest lying West of the West r~ght-of-way l~ne of U. S~ Highway I (S~te Roa~ No. 5). SECT=ON 2~ ~at ~e boUndaries of th· City of ~lray Beach, Florida:,~: 'a~e hereby redefined so as to include ~erein the above ~e_ scribed tract of land, and sa~d lan~ is hereby ~ec.lared..to Be within hereby dec~ared~ to be. in Zoning Dis~ict "C-2, a~ defined.by SE~XON 4. ~a~ ~e lands hereAnabove descried shall mediately be~e ~ec~o ~1 o~ ~he ~anchiseS. pr~,ileges; .in. munchieS, ~eb~i~: obliqatiohs,'.!iabil~ties, ordinances 'and l~ws t0 wh~ lands in 2he City~ of ~lray ~a~ are now or may be, ahd per- sons residing ~ereon Shall'be: d~ed citizens of the City of De lray Beach. :. ~ ~ ~E~XON 51 ':That if any ~rd', Phrase. ClaUse, sentence or part of thisord!nance shall be declared ii1egal by a court of com- petent jurisdiction, such record of illegality shall in no ~y affect the re~ini,g 90=t~on.. PASS~-. in re--la=~ session on the .se~nd and final reading on ~he" 22nd 'day o~. NOVe~er, 1966. ATTEST: M A Y O R /S/ R, '.p~ .worthiDq ............ : ' City clerk 1st ~eadin~' October '28/ 1965 ~ '~*a~~ 'November 22. 1965 326-~ AN ORDII~NCE OF THE CITY COUNCIL OF TH~ CITY OF 2, A~ ~S 1 ~OUGH 44 IN~USI~,' ~L~K 16., DEL- ~TON PARK, ~ ~ IS ~I~UOUS TO E~STING MUNICIPAL L~S OF ~ID CITY~ ~DE~INING T~ BO~RIES OF ~ID CI~ TO IN~ ~ID ~ PRO- ~DI~ FOR ~E RIG.S A~ OBLI~TION~ OF A~ PRO~DING FOR ~ ZONI~ T~EOF. ~S, ~A~ ~SlN is the fee simDle o~er of ty hereinafter described, and ~S, ~A~ ~SIN, by h~s Petition. has consen~d and given permission for the annexation of sa~d pro~r~y by 2he City of Delray Beach, and ~S, ~e C~tY of Delray BeaCh has heretofore been au- thorized to annex lands ~n aC~rdance w[~ Section 185.1 o~ the C~ty Charter of said City grante~ to St by the State of ~w, T~REFO~, BE IT O~D BY ~E CI~ C0~CIL OF T~ CI~ OF DEL~Y B~CH, FLORIDA, AS ~L~WS: SE~ON 1. That the C~ty Council of' the. City of. ~lr~y Bea~, Palm Beach"county, Fiord,s, hereby a.~xeS following described ~acts of land located ~n: Palm Beach CoUnty, Florida, ~ch lie conti~ous to s~d C~ty, to-w~t: Lots I through 10 ~ncl~siVe, BlOCk'2, ~ts 1. through 44 ~nclus~ve, Block 16, Del-R8ton P~rk Sub~v[SiOn, as sho~ ~n Off~ci~l aecora ~k 14, pages 9 and 10. ~ubl~c reuor~s O~ Palm Be~Ch County, Flor~a. ,~ION 2. ~t the boundaries of the C~ty of Delray Beach, Florida, are hereby rede~ne~ so ~s to ~nelude therein the e~ve ~e- scribed tracts of land, and sa~ lan~ is hereby decl~re~ to be w~th~n the corporate limits of the C~ty of ~lray Beach,, ~E~ION 3~, ~at the tracts of lan~ here~n~bove ~escribe~ are hereby ~eciare~' to ~ ~n ~°n[ng Distr~ct "C-2" as def~ne~ by existing o~d~ns.ces of the Cit~ of ~lray~ Beach, Florida. S~ION'~. ~at ~he lands herei.a~ove described shall mediately ~c~e subject to all of t~e ~ranch~ses, Dr~v~leges, ~m- munit~es, ~ebts, obligations, l~ab~l~t~ea, ore,nan.s which lan~s ~n the C~ty of ~lraY ~ach are now Or sons reS~ing thereon shell be ~ee~ Citizens of the C~ty o~ Delray ~each. SB~ION S. ~at tf any ~rd, ph=ase, clause, sentence 'or part o~ this ordinance shall ~ declared illegal by a court of com- pe:ent ~urtsdiction, such record of illegality shall in no way affect ~e remaining ~=tion. PASSED in re~lar session on ~e se~nd and final reading on the 22nd day of Norther, 1965. MAYOR ATTEST ~ 1st Reading _October 28, 1965 2nd Reading ~ ..Nove~er 2'2~1965 326-~ ORDZ~C~ Z~. 37-65. CITY OF DKLRAY BEACH PERTAININ~ TO T~ ~Z~N~ O~~ S~ ~ .~ ~ COS' ~ ~O~ L~Z~S OP ~ CZTY~ ~O~Z~ ' P~L~BS FOR ~O~TZON~ ~S ~USEf EFFE~Z'~ ~TE/ A~ F~ OT~R '~POSES. WHEREAS, the City Council, by the Charter of the City of Delray Beach, Florida, has the power to compel the abatement of all nuisancss within the City at ~he expense of the parson or persons causing ths sams, or of the ownsr or occupant of the grounds or prsm- ises wherson sams may be~ and WHEREAS, it is deemed esssntial by the City Council of said municipality that raasonable rsgulatory requirements bs sstablished in connection with the maintenance of sas walls within the corporate limits to minimize the advsrse effect that sea walls in a stats of disrepair have on the orderly ~evelOpmsnt-and assthstic values o~ the community as well as the gsnaral wsLfars and property values of the citizens of this City. NOW, THEREFORE, BE IT ORDAINED. BY THE CITY COUNCIL OF THE CITY OF DBLRAY BEACH, F~ORIDA', AS FOLLOWSt section' 1.' I& Shall he unlawf~i for any person to have, keep, maintain or perml't w~th~:n, the cOrpora~:a limits of. ,~he' City of Delray Beach, Florida,,' .any. 'Sea.. wal! 'Wh/Ch, will'!m~ede the normal flow of boat traffic, / o= ' wiLL bees,me,haZardous to' swimming or other watsr sports or wh~.ch Pres~nts~. an unsightly, appe~ara~Ce. Section 2. It shall bs the duty of the ~ity Enginser to periodically ~nspect ~he condition of all sea walls in tha .waters within the City, and should he find any of ths same or any portion thersof to be hazardous to~ the public for sara psdestrian, boat~ng or sWimming purposas, or to present an unsightly appearance, the said City .Enginaer shall so advise the City Managar, who shall submit a survey rspOrt 'at a regular or spscial council masting at which time the City Council shall determine whether a nu~sancs exists. Section 3. If the City Council case"show~ng fha' axistance of a nuisance is es~abliahed, fha Council shall then direc, t ths City ~lark tO. send a '~rltten notice- with£n five days thereafter to the last record owner of each of such parc~Is of. land declared to be a nuisance at ths last available dress for such ownsr, such notice to be in substantially tbs follow- ing form: NOTICE ~ ' Date ' TO .. ADDRESS .' .... . ........ . ...... PROPERTY: You, as the owner of .racord o~ the proparty above dascribed, are hereby, notified that the City Council of ths 'City Of Delray Beach, Florida, on the dry of _ '. * * . , 19, termined 'that a nUisanCe exists Upon Such property Ca'sea bM '.(list briefly ~e detail's). 3~6-~ .Page 2. ORDZ~IANCg NO. 37-65. You are hereby notified that youmust commence ~he abatement of this nuisance within thirty (30) days, failing in which the City Council will either cause proceedings to be commenced in Municipal Court for a violation of the City Code or willhavethe nuisance abated and the cost thereof will be levied as an assessment against such property. BY ORDER OFT HE CITY COUNCI~ " ' Ci Clerk Section 4. In the event the property owner or someone in his behalf has not commenced with theabatement of same within the time allowed, and the City Manager decides not to prosecute said owner, theCity shall forthwith obtain bids for saidabatement and shall submit same to the said property owner by certified mail at least. ten (10) days priorto, the contemplated improvement. The proper~y o%~er shall then have five (5) days in which to agree tosaid improve- ment, selecting the contractor of his choice. Section 5. Upon the failure of the owne~ of the subject prop- erty, or someone on his behalf to'abate said nuisance the City shall have the option of either= (a) The City Council may direct,the City Manager to si911 an affidavit for a warrant for the arrestor the owner for violation of the Code of Ordinances of the City of Delray:~each, upon conviction of which said owner shall be punished as provided in Section 1-6 thereof, or (b) The cityCouncil may decide to forthwith abate the same, and shall, through its employees.,'~ servants&':agenta,~roontrac~ors, be authorized to enter upon .the ,property and take such-steps, as are rea- sonably requiredto effect abatement. Section 6. As soon after such abatement as feasible, the cost thereof ko the City as to each;par~.e~l shall be calculated and reported by the City Manager to the City Co,mci1. Thereupon the City Council Shall,. by re~solution, assess such cost against such parcel. Such resolution shalldescribe the land and show the'cost or, abatement actually incurred by the City.with referencethereto. 'Such assessments shall be legal,: valid and binding obligations upon the property against which made until paid. S~chresolution .shall become effective thirty (30) days from the date of adoption, and the assessment contained therein shall become due and payable thirty (30} days after the mail, ing date of the notice of said assessment, after which interest shall accrue at the rate of six per cent per annum on any unpaid portion' thereof. Section 7. As soon as possible after the. effective date of the resolution provided for in the foregoing paragraph~ theClerk shall record a certified copyof such resolu~ion in the office of the Clerk of the Circuit,Court in and f0=Palm Beach County, Florida, and the City Clerk..shall mail a notice .t°the record .owner of each of the parcels of.land described in,the ~esolution at the.last'available ad, dress for such owner which notice shall be in substantially~the follow- ing formt. 3~6-~ Page 3. ORDINANCE NO. 37-65. TO .' ADDRESS .................. PROPEI%TY ~ .......... You as the record owner of the property above described, are hereby advised that the City Counci! of the City of Delray Beach, Plorida, did on the ... day of , 19 , order the aba~ement o~ 'a certain nuisance existing on the above prop- erty, sending you notice thereof, such nuisance being (here describe briefly}. A copy of such notice has been heretofore sent you. You failed to abate such nuisance~ whereupon it was abated by the City at a cost of $ . Such cost has been, by resolution of the City Council d~%ed ' .. , levied against the above property. BY ORDER OF THE CITY COUNCIL City Clerk Section 8. Such assessments together with interest shall be enforceable by the City as provided by the general law of the state. Section 9. Should any section or provision of this ordinance or shy. portion thereof, or any paragraph, sentence or word be declar- ed by a court of competent' jurisCiction to be invalid, such decision shall not affect the validity of the remainder hezeof as a whole 9r PASSED AND AD~PTED this 22nd~ day of November, 1965. /S/ Al. C. Avery MA YOR ATTEST: /S/ R D' Worthin City Clerk ....... First Reading October 281 1965 Second Reading November 22..~9~ DELRAy BEACH, FLORIDA, AMF, NDI[NG THE C.ITY BUI[LD- CONS~U~I~ OR AL~TIO~ OF S~ ~S TO BE DESIO~ BY ~GI~S ~ISTE~ ~ ~ ~WS 'OF ~ STATE OF FLOR~ A~ PRO~DING ~ Z~LL. BE S~E~ ~ ~ APPRO~L OF ~E CITY E~I~ER~ P~L~ PRO~SIONS~ ~NGS' A~ PRO~Di~ AN EFFE~I~ BE IT O~AI~D BY T~ CI~ CO~C~ OF ~ CI~ OF DE~Y B~, FLORI~, AS F~OWS: Section 1. ~at SeutiOn ~, Chapter 9 of the Code of nanoes o~ the City of ~lray Beach be, and ~e same is hereby amended by adding Sections 9-6,7, 9-6.8 and 9-6.9 to read as "SEC. 9-6.8 - Permit required for erection, cons~uct~on or alterat~o~ of sea walls or bui~eads. Prior to the. er~tion, cons~uction or alteration of any sea wa~l or bul~ead~ ~ere shal~ first' ~ Submitted to the City Engineer an application ~ su~ form as may be prescr~e~ by the City ~nager, containing a ~eta:~led statement of the specif[cat~ons plans for such structure, certified by an engineer registered ~e laws of ~e State of Fl~rida., ~gether wi~ a plot plan showing the location of Such contemplated structure or alteration ~n conjunc- tion w~ adjoining lands, .~ters and channels. No ~rmit shall ~ssued for such cons~uction unt~l approve~ by the C~ty Engineer. No permit fee shall ~ required in addition ~ the pe=mit fees other- wise re~r~, by this ChaPter~ h~ver, a separate ~it shall be re~ired and will be iSSued on a no fee basis. ~ ~t shall be re~[re~ for minor repairs to existing sea ~11S or bul~eads. Sec. 9-6.8 - Application. Such appliuation shall recite ~e full name, residence business address of 2he o~ers~ the ad-~ress or location of ~e o~ers, ~e address or location of the ~r~ises upon whi~ ~e s~ucture to be erected, constructed or altered, the cost of ~e proposed ~rk~ and ~e address of tBe con,actor or o~er ~rson or ~=m au~or~ze~ by the ~er to perform the contemplated work. Sec. 9-6.9 - Add~tional Responsibility. In addition to the duty herein ~m~sed on the o~er, ~t shall also~ unla~ul for any person, fi~ or corpo=at~on authorized bY the o~er to ~rfo~ the contemplated .~rk 2o ~rfor~ sa~ ~t~l saia ~it has been issue~.' S~tion 2. Any person, f~=m ~r' corporation who shall late the provisions o~ ~c. 9-6.~ and ~-6.8 of this article shall, u~n conviction thereof, be punished as provide~ ~n Section 1-6 of ~e Code of Ordinances of the City of Delray Beach. Section 3. ~ould any se~i0n o= provision of this nance or any ~rtion the=eo~, or any paragraph, senten~ or ~ra be declare~ by a court o~ com~ten2 jur~iction to be ~nvalid. such decision shall not affect the validitF of ~e remainder hereof as a whoIe or any part hereof, o~er.than the part declared to be invalid. PASS~ A~ A~PTED this '22nd~ay of November, 1965. A~EST= M A Y O R /S/ a. D. Worth[n~ 1st..Reading October 28, 1965 2nd Reading November.