12-13-65 DECEMBER 13, 1965.
A regular meeting of the City Council of Delray Beach was held in
the Council 0hambers~at-8~O0 P~M., Wi,.~h ~ayor Al. C. Avery in the
Chair, City Manager David M.. Gat~Hel, city Attorney John Rose Adams,
and CoUncil~en~J.~ LoRry' 0roft~ James ~H. Jurney, Jack L, Saunders and
George Talbot, Jr., being present.
1. An~opening prayer was'delivered b2 the Rev, F. E.
1.a. The Pledge of Allagiance to the Flag of the United States of
America was given..~. .- - . . ..
2. The-mi-nurse of the. re6ular meeting of Novembe~"'2~d ~nd
meetings of NovemDer 4th and'-30th, I9~5,:. were'Xmanixaously approved, on
motion by Mr. Croft-and seconded by Mr. Saunders. -
3. There were no public requests from the~floor.
~. Mr. 0reft read the:following Beautification Oor~ait~ee meeting
minutes of December 1st, 1965:
~ "1. It was noted-~n a d~scussion of-th~n~theas~t
corner; of-N. 'E.' '4th Street and 5th AVenue that '~he
general, appearance-~s worse than laSt~mo~th. "Th~,, :
Committee would 'like to~.know what steps a~e being taken ~"
by the Cit~y~'.to clean up and remove the Junk cars.
2. 'Mr. Merritt showed t~ plan~ drawn by~Mr~' ~erry
Hughso~, ~'Or plantings on "the ,City parking lot on,~che
eaSt-~side ef S. E. stti-Ave~ue..~s~:~Plume'moved that-
the plan be approv?d.~by:~this Coml~itte'e,with-the '. ' '
s$'ip~tation that conSideratiOn-be giVen.'.t~'~Sing'.~br~w~~
stone as"a- substitut~ 'Tot g~sS ~-~if 'it.:~igh~.~t matnte~
nanoe costs. MotiSn-'seconded by Mr. Bingham and carried.
The Committee asked to see the p~ans ~gain, after ~.
Car. tee and the.-~aycees' finalize them.
3. Mrs. TOth, in the absence of her husband, presented
a preliminary drawing for .the entrance sign on ~est
Atlantic Avenue. ~ Mrs. Evaul will check with Mr.
Ellingsworth on requirements and limitations as t~ si~e
and location. 'HoweVer:, it was decided to table the "
plan until the road is nearer completion in order to
study the contour of the land on which the sign will be
loc ated.
~. Mr. 0artec reported that he has again contact.ed
MacLa~en teethe aluminum letters for the cemetery
entrance. The letters are completed and ~v~. ~cLaren
has promised to put them up.
~. Mr, Cartes reported that his staff will repair and
repaint the benches along the beach as soon as they are
able.
6. Mr. Lankton suggested that the secretary write %o
Mr. George Simons, notifying him of our C.I.P. feces-
mendatiOn and ask for his ideas on such an over-all,
intensive beautification program~. Mr. Lankton also
suggested that this Committee be on, the lookout'for
a landscape au~hority, perhaps a retired peasen, to -
hea~ a st~dt- om the b~autificati~n'r~ee~ o£.
Concerning Item 1, Mayor Avery asked the City Manager what steps
are being taken to clean up and remove Junke~ cars. City Manager
Gatchel reported that the location mentioned is where a house has
recently been to~n down, and that there are several Junk oars on that
site that will be included in the City's Junk car removal program,
which,is presently under way. The OitY Manager reported that the
removal of Junk cars had slowed up to some extent because of the break
down of some equipment~ bUt that 102 cars have already been removed
from the City; furth,,r, that ears can be removed at the rate of
approximately ~ caL.~ per day, and the paper work has been prepared
'342
for approximately one monthts schedule at this time
Mr~. Saunders suggested inasmuch as ~his mentioned., locatlon is on
the main high~ay, that it be placed first on the schedule .of
removal. The City Manager said that would be done'..
Mayor Avery asked 'that a more detailed ~eport on said Jun~
removal-be presented to Council at their' ~xt-TegUla~ ~ee~tng'.
ConCerning Item 4, Mayor Avery asked the present status"of the
aluminum letters for the cemetery entrance. City Clerk Worthing
reported that said letters had not been placed, but M~o MacLaren had
promised that same would be taken care of early this week.
M~yor Avery requested that the City Manager see that this is taken
care of posthaste.
concerning Item 5, regamding repair and repainting of the benches
along the beach, Mayor Avery Said it is father indefinite as to when
the work will be done.~ and suggested that it be 'do~e. posthaste,
Concerning Item .6,, Mayor AVery said h~.f~is it is. proper for the
newly hired planning/Zoning Director to t~%~ca~e of .same', and that
the Beautification Committee be informed %h~% '~t ~11 be t'~ken ca~e
of in that man,er inst.ead of .~. ~ ~
City Manager Gatchel repormeu as ~!~oWS: We did ~ounce the
fact that. M~ Art S~th, p~eSently co~ected w~th the P~anning'
Department of the Ooun~y in West Pa!~ .~eaoh, has been employed by the
City of Del~a2 'Beach~ ef'f~ctlv~ 'J~u~ firet,'in a capacity of
Director of am eXPanaed-Depa~tm~"o£. Pla~ing, Zoning and Znspection.
This has to do wi~h all phases of b~l~lng work,, construction,, repair
--electrical' a~. Plumbing. .i ~$~k~I~ ~e very fortunate to have the
sex,.ices of 'such a pe~s~n as ~. ~h SYllable to u~ for our
expanded need~ 'in plan~g ~ z~nia$ ~m~'i~ul~a~ly. I know it has
been the des~i~ e ~f Cou~ei~ f~m'. ~ ~b. ~$f 2~, ~d it has certainly
been the desto o~ the' 2~~ZW~g ~d ¥~ .~ equal period of
t~e. .~ ~th will ~mt ~f~ duSY' ~n ~a~u~ first to head this
dep~tment, ~ich I'h&~e .~o~ in the w~ld ~ut th~ hi,est of
hopes for, ~d I thi~ ~h~t '~cil.. ~,, the P!~in~Z~ing ~d
shoe my enthusiasm and e~ec~ations.
~.a. A ~oll call showed ~e f~llowing 'Civic ~iza~ions ~d
.representatives to be in atSend~oe.:
~eezy Ridge Estates ~. Jo~
~opic' Isle Civic ~sociation ~ Wllli~ ~ge
V. F.W. ~..O~n~e ~ln~
Beach Ta~ayers ~a~e, ~c. ~. $. Watson ~b~
5. City Clerk Worthing ~ead_a let~ fr~ ~ He~ D, O~owley
~yor Avemy, dated .~.cember 8~h, e~gSs~ his' $~e~iation for the
steps t~en in s~ abatement .~f a nu~oe on All~da ~ive
in T~opio Isle Subdivision.
5. City Clerk Worthing read the follew~g letter ~itt~n ~ ~.
Willi~ T. Jebb~ ~esident of the 0restweod ~i=e Beach Association,
to Mayo~ Ave~y~ dated ~cembem 1,
"We, the p~op~ty o~ers of Orestw~od ~lve hereby
e~ress our app~ehiation ~d th~ks to y~u and the City
C.~issioners fo~ ~e excellent j~b a~9~$~$hed'By the
CltY~ in el~inating the ~.6~..wate~ h~$ ~ ~u~ at~eet
~d the ~esurfacing of t~e's~e.
Also, we w~t to say that the ~g1~$$~$ ~ 0~a~uotion
crews did ~ excellent Job.
We th~ you.."
eadt~ up tO said wor~ ~d' the Ci~ ~ ~9~$ as roll~.
"Crestwood ~ive had a sewer 'line '~~'~"~ng the
Section I9 e~sion ~ our sewe~ ~'~ ~:~ these of you ~e
~e not f~li~ wi~ it, Crestwo~ ~lve, ~ it ~ocee~e~ west
0ce~ Boulev~d,' went do~ 'back of the s~d du~e at quite a steep
~te and into a pocket, '~d th~ t~e was quit'~ .~. rise in between
t~e bottom of ~is pooke~ ~d ~e~ Aven~. R~ t~' have the
343
resurfac~ng program proceed with the Same _con$our ~f the land-which
we had previously ~experisnced~ W~tl~'.~e pon~ing'stt~ the
Engineert..ng Department of the City ~'~ undertake the. ma~ter of
establishing a new gw_ade level for. the entire street there, thus
eliminating the p~nding .situation. This. was..~one, prior to the
resurfacing p~ogram, which was a portionl of o~r sewer expansion
program. We are appreciative of the thanks recorded in this letter
and I believe the Engineering staff did _e~liminate the problem."..
5. Since there was no .one present from the civi.tan Club, Mayor Avery
mentioned their fruit.cake sale,~ and encouraged everyone to ..buy.
Civitan f~uit cakes because the profits from that go ~o worthy
causes here at home. :
5.. M~s. Barbara Allen 4f' %he. 0itizenship D~pa~tme~t §f._'the ~n~s'U
Club announced that they are working in conjunction with the Jaycees
in collecti~g toys and clothing, either new .or"~ed, to give to
needy children for Christmas. ~urther, if anyone has items to donate
which are gift wrapped., the age and sex of the child for wh~m the
gift is intended shouXd be indicated on the package;, also, anyone
wishing these. .'items to bepicked up may call Mms. Phyllis. Meyer at
276-610h (daytime.) or 732-&6855 (evening).
Mayor Avery. asked if the City could provide a drop-point for said
items and it was announced that the Fire Stations woul~ be used for
that purpose._
Mayor Avery u~ged that people give either
clothing to this ~oman~e Club and Jaycees combined effort, and.. drop
their items off at the Central Fi~e Station on Wes~ Atlantic Avenue
at 1st Avenue, or the Beach Fir. e Station on Andrews Avenue.
5.a. Mm~ :Talbot Said that he and City Manager Gatchel-h~d attended
the annual meeting of ·the .Florida Shore. & Beach Preservation
AssOciation last' Thurs'~ay end'Friday at Pensacola, and that 'it is
quite gratifying to. k4now that', all of the coastal municipalities facing
the same beach.' erosion pr6blems are quite cognizant that Delray' Beach
has put its 'money into a program, rather'than Just talk.
Mm. Talbot continued: "We were very fortunate in having several
personal visits with the Honorable Randolph Hodgea, who is Director
Of the Florida Board of Conservation; also, Mr. W. T~ Carlton,-who
is Director of the Division of Beaches & Shores of the Florida Board
of Conservation. Both of these gentlemen are very much in accord
with our program, and I am sure, at the proper time, will go to bat
for us. We do have a problem, probably will, with the Army Engineers;
however~ we did' have a nice viAlt with ~ Mr. Adil ~. Salem, who' is'
Acting Chief of the Beach Erosion Section of the U, S. Army Engineers
at JackSOnville. He stated verY.frankly that he was certainly in
sympathy with the problem we have at hand and the Job that we are
doing, and that he would do all in his. power to see th'at we .might get
financial help. AS a'matter of fact, he .is going to arrange .a meeting
before the Chief of the Jacksonvill~' office s~.:that ,fo ~ayl g~..up:
there with a certain group and personally present our information
and the reason-why we deserve money, before the Chief. We are most
hope'ful' that our time spent there will bear f~uition as to .additional
monies, to spend on our beach erosion.'~
City Manager Gatchel reported as follows: "I believe' this trip,
which Councilman Talbot and..I took to Pensacola, was well, well
worthwhile tO the O'ity' of D~lray Beach' and a~l of .its Citizens. I
am optimistic as to the ass~'$ance from a State and Federal .level
which we "might hope for in the installation of o~r protective
revetment area on. the beach. Every little bi~ helps And ]i do bemiev~
it will be forthcoming when our presentation'is made to.the'State and
Federal G0vermments."
Mr. M. L. Benjamin said he would like tO ask one question that
wasn.t-explained, that being why Delray Beach would get special
attention that other cities with beach would not get.
. Mayor Avery 'said that Delray B~ch Stsmted taking a Positive
approach ~tO the .b]eaoh e~osi.on situation'a couple of years ago, and it
has been proven.~hat beach erosion is related not only to the State,
but to th~ County and ~$~on~ · "
· City ,MmT..ager,.,~atch~'.'~mmentad.:,. J%I Would like' to answe.r Mr.
beach:er0si .ml. ~rogram.~-.~t%xere is. a.matter of matching, funds, In. other
wo~ds, l~cal'p~rticipation, the State government.nor the Federal
government'.': are ~E~t~e .me agenoles~. They don?t pay unless we
w~111ng .e~selve'~ to p~ov~de A:~O~rtio~ate' sh~ as a ms,chUg f~d.
We a~e ~e~ested .~ ~ ~ ~~on.. ~e7 ~e f~te~ested in
helping.Us, so due ~ ~ ~h® '~$~ bf .~ay..~ach stated
proceedings long ago.:to f 0,'.~9~ ~'~al ~rovement
ne v ha~ '~f ~.~ the a~e ~&a~the " -~' ~ede~al Crescents
~ty -' ' . y I . . ' g
.... Ante~'~sted X~ p~ticiPa~-~ .a 50~ ~::'~. S.~e like
percentage..'~e arenft abso'lu~y certaXn at'~"~esent
the Pequest is ~firmed up, bu.~ it is ~ ma~chtng :~d- bA~, ~d ~hat
is the reason .why they ~e p~ticul~12 inte~este~ In ~ Pr0~."
6,a,~ Concerning '-Capt-. Oscar Woods ~ app~Xoa~ion fe~ pe~it te use a
p°r~ion of.'~e City's boat l~ding faci~ties, City ~ager Gahchel
re~erPed ~ the fo~win~ proposed pe~it:
~is ~rmit s~ll allew ~e ~ C~is~ .~, ~.
operate the excu~si~., boat .~wha~ d~i~ ~-'~a~i~
hours fr~ a doOk located at the ~e~a~ :~o~ ~!~at
P~k ~d also to operate ni~t-.e:~ ~om ~e City
~ed tract.of l~d. EaSt of :S,E.'.~'&ve~ue at .S.E,
Tenth Street except that ~ ~pe~'~ ~t the latter
location said co~y shall ~ .~,e~fe~e with the p~esent
use of the North 70 feet
~is pe~t'-is ce~ione~ ~.on ~-e fact that Said
operation shall not beo~e a~n~!sa-~e ~d a'hall
September 30,
Delray C~uise ~ne, ~c... s~II h~ld ~e City h~tess
from ~y ~d ail loss tha~ it may sustain .by vir,~e of
the 'operati~ of said ex~pSt~ Scat, ~d a~all
tse~ wiih ~.a~ i~s~$e-p~.~ith .t~ts of at least
33,000.~O for bodily ~$nj~ l~abilit~ ~d property .~'
d~age liability oover~g ~y ope~atiens of De~a~" Gruise
~e, ~c. The City shall sDeci~ioally .be n~d a~
additional n~ed insured in said policy ~d ~he poX~y
shall be. ~i~ained in fete d~ing all periods oo~ed
under this permit. A certificate of'suoh~inSu~ce
shall be furnished to the City Clerk p~i~ to Oper~%i.on.
~e issuing insilco co~y shatt-a~ee '~ ~iting to
notify the City at least ten d~s in advice of any
c~oellation by said ins~W~ co~U or as soon as
possible i~ the event of '$.ellati~ '~ the ~s~.
~is p'~l.~ Is non't~s.t~ab!e :~i~hout the ~itten
consent .~f' the City. . ' .~ '
~is pe~t may be ~evoked at ,~y :t~e, ~pon a ~
'term~ation by the 0ity C~ncil/that':~e
. cons~itutes a nuisanceI p~ovided said'-nuis~oe has
been ~ated within fif~e~ days following r~eipt of
notice ~f such violators. -
. ~ further consldera~$n efl the pe~it fee ~[ $8~.00,
the city a~ees. ~o fur~:%he .ope~ato~ f~ee eleet~iei~.,
~d wa~e~ fo~ the .~nicl~l Park-ph~e of its operation.
~e City ~a~ said ~at he had a oo~e~ence ~ith
pa~en~,.~cqecuie or ~ne proposee Pe~} ~ee:s~ f~e~, }~e p~osea
fee is $875~0 ~d the license ~ee is $25.00, totali~ $900~00,-~d
the ~equest of Captain Weeds Is that he be posited to pay the
900,00 ~ the reviewing m~e~: $225.00 now; $2~5.q0 ~on ~ch first;
225.00 on April first ~d the fourth pa~ent of $225,~G On M~Y ~irst.
~e City ~nage~said this last pa~ent would-be towed the end
of .the winter season, bUt would be ~11 in advice of the end ~f the
year fo~ which this license Is ~anted.
~YOr Avery asked if a pr~edent ha~ Bee~ set for ~is
pa~ent, ~d Oity. Clerk WoPthing said that i~ principal i~ ~d ~een,
concerning the operation of auo~i~ galleries.
~. ~e~s ~d ~e ~ity Atto~y ~lf he~ ~s satiSfied with the
insu~ce provZsiens .set up' in~ said conditional permit~ ~d~ 0ity
,.
Attorney Ad~ ~swe~ed: Concerning this permit fee, ce~ideration
was given to the fact that there may be ~ additional ch~ge on
basic City insur~ce poXicy, ~d with ~at in ~n~, t ~ satiefied
that ~is is probably as f~ as he c~ go ~on~c~ly~ I dr~ted
the insilco portion of tt with ~he cooperation of the EupePvising
12-13-65
Agents and they approve .it." ..
· The uee. of City rater and electricity was questioned and the City
MaidS,ger. said that .t~e electPteity would be. just for ~ plug-tn standby
whi;~?:he is at't~e dock, and his supply of fres~ water. ~ould not be
~-ea~ further, the~ ~e normal factli~ies f~nished, in leasing
renting ~a dock berth ~d would be cornered by..p~t of the $875.00
p~t. ~e~. ~. ~. .
~. Talbot moved to ~t ~he ~ndit~o~a~ ~mit~ as p~euented
~d subject to the p~ent schedule outli~d by the City ~ager.
The motion ~was se~conded by ~. Croft- ~d carried un~ously.
6.b. Concer~g a ~istmas bonus for City e~loyees, City ~ager..
Gatchel. repor~d as fo!lows~
"~ the D~t~ the City Co~c.il has-voted a-~istmas
Bonus to all ~e~l~ City e~Ioyees, ~e following
lo--la has been Used' In eo~ut~ng each individual bonus
l~ e~ivale~¥ to two.~ay~s.~ Day fop all sa~ied~-
employees working five ~a~s De~ week~
Ho~ly ~oy~ = ~o Says ~ pay. at ~e~l~ hourly
~at~ - .-
~e above ts subject to me~l~ employees-with the City
less th~ 90' days f~om Deo. embe~. 3t, 1965~-to ~eoeive
p~orated bonus with ~n~ mo~t fixed at $1~.00.
Pa~t-t~e ~d te~o=amy e~.~oyees:
So as- to oo~omm wi~h meoo~endation of"~the
auditors-, it is recovered that bonus .fora-Sallied
employees, be ~eluded on-pa~o11 .of Decembem 1~, 1965~
~d f,o~. hourly employee~-on payroll of Deoembe~ 17~
Subject to Co~ctl approval ef this ~lstmas..bo~s,~
appropriation should be made from the Contingency
acoount.with, actual fln~l ~o~t to be det~tne~ by
payrolls as~ of Decembe~ 1~ ~d 17, 1965.
It ts ~ec.o~ended that a t~sfev in the. ~ount of ·
$7~300.00 be made fmo~ ~ontl~enoy account 910-8~8-800
to ~is~mas ~nus accost 910-~03-490."
~e City ~age~ mepomted 'that ~tev the a-genda had been sent out~
the~e had been. so~ -fu~t~v conside~atlon of this item, ~d
mended that the bonus be paid in the s~e_m~e~ as has been u~ilized
in the past yea~ s~ that the'-employee wilt receive the bonus,
outlined in the preface, as a net ~o~t~ and not as a ~oss~ount~
~d that the pa~oll deductions ~ecO=ended by the City~'Audito~s
be as a cost fibre in addttion~to ~he $7,300.00;.fu~the~a~
t~ansfe~ of said money be ~de C~om the Cont~gency accost to
Chmistmas ~nus accost.'
Follow~ng.discussion~ ~. Talbot said he'would ~the~'~give the
City ~loTees a net ~ount~ ~d moved that the. ~eco~endation of the
City M~age~ conce~nlng the City employees' C~is~as bonus be.-- "'
approved. ~e~motion was seconded by ~. C~oft and cam~led"
uno,gus 1~..
~ saundevs said that nex~ yea~, he would l~ke to comply with the
su~es~ion of the-Audltors ~d make the bonus l~ge~'and let the
wit~olding~ etc, be taken cfc as ~e auditors suggest.
6.e. ~lty Manage~ Gate~l i~ormed ~e Council that the Veterans
of Fo~ei~ W~s - Post 4~1~ located at 15 S. E; 2nd Avenue, have
app,iled~9~ ~ Ol~b '~quor ~cen~i., ~d 'been approved 'bY the u~ual
lnvestigmting age~t~s~ including the State ~verage Dep~tment~
therefore,.' It ~ toe--ended ~at the ~equ~st be ~ant~d.
~_..~ ~s--moved. ~hat the application be approved, 'the motion
being S~o.~ed'~h~-~..~t ~d.~un~ously c~led. '
6.d. .~o~e~n~g a s~vey of.~'&els of l~d in v!~tation of~e
City-nmts~oe law~ Dmesented b~ ~he City ~age~ ~,-Talbot~m~ed
that Chapte~ 1~ of the ~ode ~ .~dlnandes be ~omplied with, the'motion
B46 .....
being seconded bF i~-. Saunder~ and unan~-aouslF ca~-ged.. (eop~
s~rvey li~t~.'~s, a~ta~ed .to~ ~of~cia! ...copy of these. ~u~es ~ )
ee page ~A. aha ~age ~B ..... '.
6.e. Conc~r~lhg ~d ef c~rac~fo~ contraction.of the Sewage~
Works ~o.JeCt .~n. ~a 11, city ~ma~e~ ~a~chel. read the
letter f~om~ D. R; Neff, P~°~ect ~a~P o~ ~sselt
Cons~lting~gfneers., dated Decembe~ 13, 1965.
"1. ~ring the course of the 8pecial"0o~il
Meet~g held. a~ ~ ~P.H.. o~ December t0, 1965, ....
co~etitive ~ids .were received ~ p~blicly opemed
.fo~ the cons~ction of a sewerage system ~
11 of the ~ase II, S~itary Sewer
2.. A tabulation of the seven bids which were
received has been p~epared. ~d Is att~hed, tO
let~e~.~ Yo~ attenti6n is ~i~d to ~e
~ the 'base bid provides fo~ Davco X~t st~i~s e~i~ed
with ~e~ic~ ~ell ~orks-P~s. ~ al~e~$e bid
was p~vided~hiCh ~e~ .~t~ ~tra~t~ 'to
substitute oth~ 'ttf~~ stati°~s an~ ~. ~ -
3. With respec~ to mcney, o. ur '8ewe~ Report, ~a~ed
~ch, 1965, est~a%ed'the const~cticn cost ef ~ea
11 for the sewers alone a~ ~20,'000 wi~h ~ additional.
$100,~O~.~to .c~e~ ea~i~%Jd pavement ~ecenet~ction.
The present e~g~eers est~t~ .b~s~d
.desi~ fibres, ~d -Providing f~ two' !if~
'~S~e~d of one aa o~iginally p~6P~ed, is $~9X.00.
~e Iow base bid of B~by'&_Sti~s~, ~c.,
is before ~eu totals ~92~789.50, I~
readily apparent.{hat frcm.~h6.~vie~oin~ ~ available
money,~.we-are in good shape an~ wetl.within~our
o~iginal .est~ate and the mom~ ~etailed desi~
es t~ate. _.
4. Based upon a~de~ailed engineering ~al2sis ~
of all bids m. ecel~ed, and in view ~ ~e above facts,
it is reco=ende.d that the awed be made fo~ the ·
co~%ruction of ~ea 11 t~mby ~ Stepson, ~c.,
on .the basis 'of their co~ected low base bid of
$492,789.50.
5. No rec~endation f~or award of ~ea llA (ex-
tension west of 8th ~enue to the end 6f 9th Street)
is.m~e at ~is $~e. Action ~ill be t~en upon
this ~tter et 'a late~ ~.date when the O~il Has
had ~ .oppo~tunity to ~alyse ~he'econom~Cs of the.
decision. '~ .' -..
Ma2o~ Aveby asked abou~ the corrected iow baas bid ~f
as the ~oun~ quoted at the bid opening was S489,934.40.
~. Neff.e~la~ned that~ ~by & ~t~son,,,~c. had an.i~e~l~itF
in thei~ bid i~~ 4-"an~ ~, ~d co~inued: ' They..~d mace .~- ''
corrections tn the bid ~d, as you ~ow, ~e ~gi~eers are obligated
~o take the ~% fibres, ~d the contractors man2 t~es m~e mistakes
in e~ensions-~d additions on their bi~s, a~ our tabulation-mefleot,
as I state in ~ let~e~,. ~e corrected base bid. ~is was a rathe~
difficult" ~eC~s~on ~o ~ke, because the congractor has ch~ged his
bid t~ice, but it is a reliction'where the Oou~il has'the authorit2
under the specifications to waive, en~ we~ as' engine,s, in our
reco~endation of award had to be bound by fibres as'set forth ~ the
speoifications."
~lng di~cussion~ ~.-Neff s~id that ~he City has a perfect ri~t
to t~ow the bid out, but in this case, he feels it is ~ adv~tage
~he contractor ~ t~ow ~he bids ou~, o~ you c~ gc to~ t~ seccn~
bidder, which is $29,000 hi~~r~. You ~have tha~ option,~.~t ~n this
case, it seems~to me to be to ~ 0ity~s advantage to~s~oM~to the
spec~icatlcns~ ~h~tch ~e very cle~ ~ this. ~e 0~ncil does not
need to m~e the awed t~i~t if the~e ~ ~2 question in th$ir
minds about ~
t8~13~65
Mm.. Frank Os.~een -~f ~dese-ll & Axon said this ih the ~st unique
case he has- see~:-ln many: 2ears~ and'eXplained :a~ fo-llsws :..- '"Wh~'t th~s
bidder did', on item no. ~%AEe excavation and backfill 8, 10 & 12
.inch~p~pe, .-0-6'.feot cut ':~'~;~80 1~, f.tJ es~. )'.', in *ordS'he 'wrote'
~w~' ~ollars ~ S~y. ~nt~, t~n he x~ed ou~ ~2.60 ~d ~'d in.
$2.50 ~ lmi-tialed $~ J'.B~ ~lo~ ~'a~.s~ is Jack ~by~ '-on~ 'of-the
p~tners of ~by ~d' ~l~on~ ~en-when he ~ltiplied out the '
quantity, he ~ltipl~ed by $2.50 ~d x~ed out the total that he had
used to ~ltiply by $2~60, so you would' assr% t~a~ he-me-~t.t~ use
the $2.50 fibre that he t~ed in"~d i~i$ialed. 'He d~ the s~e
thing on i~em-. ~-.. I ~ 'certainly. ~ot :qdesti'0~ ~h6 'inte~ity of the
contraetor, I w~t ev.e~y~y to~derst~d 'tHat,-~ut I do feel that
f~ $5,000~at is h~'~eh we ~e ta~g ab0ut-t~t' it
worthwhile to ~efer this ~er to the Oi~y Attorney for a legal
opinion, because While the S~e$,ficati6n~do say tha~ ~ there is a
co~li~t beSeem-the w6~dS ~i~en out ~d'"~he"fi~$s, ~ef~ords will
govern.. I ~ve neve~ s~een o~ ~e it WaS ~a:8%UallY"~iti~led-when
he ~ade the change, so I'.~e, ..~oWing-~by~ ~on ~'e
con~racto~s of 'inte.~ty,. ~t perhaps~. 'yoU::sh~ff6~e~ action"'on ~s
~atte~ ~d authort'ze a e'6~e~en6e be~een ,the
he City Attor~y ~d the 0.0nt~Ct~s ~d ha~ an e~ion~Tor this
before you award the bids."
City Attovndy Ad~s'said ~t he ls~a~eeme~ with"~. Osteen
that a 6o~erence~'~be set up with the Oo~a~s,- as~e be~es this
provision on the ~itten O~er--%he numerical fig~eS~s.f.or ~
~intentional ~s~, ~-.not C-Or-~inte~tEo~al?~ge.~'' '
~. Saunde~s-.~ved that.-a ~eo~e~en~e b~se~ ~i~.~H:e~ C~t~actov,
as recomended, the motion ~i~ seconded ~ -~,. ~j~n~ ~d ~'~ously
6.f. 0ity ~ager Gatc~l said that '~is~as and N~w'~Ye'a~s Day
both falling on Saturday, i~'-Is ree~nd~ed that past policy
reco~ized in providing~fo~ the City ~Hall to-:~ closed on-the ~day
preceding said holidays, ~d .suBject to-~om~cil approval the~0f, the
ity Hall will be closed from %:00 P.M., ~sday, ~cemb~-23rd ~til
:00 A.M. Monday, December 27th; also fr~ 5:00 P.M., ~sday,
December 30~, until 8:00 A.~;,' MOnday, ~y 3~d;?f~v~er, that it
has come to his attention that 'n~erous o~g~ busineS'ses in Delray
~ach will be reco~izing Monday, the 27th, as a'le~al holiday, and
continued: "I would like ~o offer f~ye~ ~onsideration 'at-~is t~e,
in order to provide City e~loyees ~ith' the normal h~'~ 8f'the
~ternoon preceding ~e first day of closing in reco~ition~such a
national holiday, p~oviding them the t~e to have thei~ departmental
~istmas parties ~d ~ngs of ~his ~na~ur~~ ~hich they ~e no~mally
aecustomed to, th~'t Oou~il co~ider as~ atternate~to this recom-
mendation which is ink,tint b~ore you, a cloa~ng~of City ~alI at
1:00 P.M. on Frid~y~~ the ~th~ ~d to r~-~en,~ as ~lI?~y oth~
businesses In the City of '-DeIray BeaCh~~ On ~esda~ at
~ing discussion, it was pointed out that~the next
Ceuncil ~eting is scheduled for December 2~th, ~d the ~g~izational
meeting for ~mu~y..-3rd~. ...... ~ ~ ~"~
. ~. Saumders asked ~. ~Ch~s~Senio~ Of ~lor~da Power'-~ ~t
'Comply what their plans gte' for ~ognizinE the holidayS, ~d was
i~o~ed that they have set up the pl~ where a holiday falls on
SaSurday, they close ~ Friday, and where the holiday faits 'on S~day,
they close on ~nday~
-~ Sanders mowed.t~t the City Hall ~be~closed. On F~iday,~-~t~
day before-~ris%mas, als'O ~e Friday ~efo~e NeW Ye~s~Day, ~d ~
open on the following '~ays.~ _~e..m~tlon was seconded by ~. ~ney
~d .~ried ~imo~sty.
6jg. ~ City-N~ager-~et said the O~cil had asked for estimated~
e~ense necess~y fo~ full ~e operation of the H~bop Patrol boat,
~d ~h~* f~'~owing ~fi~res were presented: "
· "~o ~m' fQ~ 6 months ~ $3~1 pe~ mon~ ~,092.00
-Repairs to boat, .hauling~ scraping ~d
painting .300. O0
-- Gas and'. oil 3~500.00
~S~ '~d SP~e~ 250.00
~ifor~. te two men~'$256.-each 500~0~
Repairs to 'm0t0b
The O~ty Manager explained that the quoted figures, based on
five-day wo~-.k, week, would.p.r, ovi~e that four daFs a .week, there would
be one :man ol~e~attng.~:~he.~Boat ~and:_th~ee .-da2s a ~ek,-- the~e .~ld 'be
two m~.n in the .-b,o.a~ du~ng .the periods :o£ ~eavi-e~%- utilization.of .the
~nlan~ ~ate~;. i[ku~rt/~er~ t~at'.$h[s is requested .rmw as a. six months
op~mati~n,..which wout~ no~ma.lly ,start in NoVember and go.t:mto
the time of heav. f.est.:traf£io-:on the Int~,acoastal~Wa.tel,~ay.
.Concerning. rep.-ai~.~-to 'boa~ hauling, so~ap~ng and painting, ~n
the amount ~0~ $300.00 the C~,~2.-~Manager'--'exp!ained '~hat is anticipated
for a .twelve month open, tigonS, .andis omty _.a guess, further, that 'the
$3,5~.0,00'f.~gur. e fe.r .gas and oil is. estimated f'~r ~a..twelve:month'
oporati.9~,~o .:mnctude this-daytime operatiom ~.o~ the .Boat. for ,the
proposed slx-.mon%hS~ f .~pertod ', and ~.to _include the~ eq~e~ation of "She
Boat as .it Is now heing~_OPe~ated ~B.y the off~datu 9e~nnel and special
offi~e~rs, and ~h~t the ~00.00 f.o~ repa:i~s to' the m~te~ is
-~e .oi~ty _-Manager continued ~ ·"Oum total -request lg, i$$~,9~.00.. ' I
th!n~ I% is quite .oon~orwative-at this time,, but I do~eel· that-.i~' is
su~f~en%' t~ p~ovide for .Council ~the--.desi~e to have a.,manned ,H~bor
Patrol BoAt dU~ing::the .daylight hours in ou~ waterway and .still-.
pro. vi~e for our nigh~' 'time, opera~lon~ as. arran~®d- by :the Ghief of OUr
Pott'oe" 'DeD. a~_ ~tme. nt- through_ the,, utilization. , of off'duty personnel ~'and'
our"auxiIiem2 Police force, '. , ' ' .
Mr., 8aund.ers said he .was Concerned with the-high cos% Of :operating
the.Pa..tr, el Boat, as Shat, e~mense had~ not bee~ anticipated at the.time
the.. Boat was obtained. . ,.
- It was ~po.inted. out .that ffull time operation, of the boat 'had not
been.antic~p~ted., bu~ due'to beat damage ~2 excessive ~.wakes, it had
.beer~ requested '%hat 2he boat be .placed: in'operation .tO control "the
boat traffic.
.F~li!~owing lengthy discussion, Mr, Jurney moved that the expos'se
of~.~$8,~2,0~O for boat oper~tion~,~ as reeommende~, be accepted and .,that
th*~.money~ for same be .~ansferred from .Oontimgency.-Acc~unt to the '
Po!~Ce Department' Account, the motion hei~ng seeo~ded-by Mr.. Talbot.
~Upen call of~ roll,~ Mr. C~oft, Mr, Ju~ney, Mm. Talbot an~ Mayor Aver~
,voted in favor of the-motion, and Mr. Saunde~s abstained? from vo~ing.
?.,a. ~Ci-ty Cle~kWorth~ng re.ad the fo. ll~wi~g Petition, addressed to
the City Cou~c~i,~ gated December 5th.
:!~, the Unde~'s~gned residents~ and freeholders of N, W.
2~rd and 24th Avenues~, Breezy Ridge subdivision,-dc
hereby r.e-quesS the City, Council of De'l~ay Beach to take.
act~ion'for the re-opening, of Davis Road onto west Atlantic
Avenue, .~hereby stcppi~g the detouring of traffic through
.,the residential s~reets ~ N. W. 23~d and 24th Avenues.
These '~'treets, which were never plied or .designed to
handle~traffic~.have been used. since construction of the
new bridge c,lcsed-~Dav~is Road. Dur.$,ng ~his period we have
endured' heav~, and.. noisy .traffic, m~st of ~which goes
past at speeds u~safe fo, conditions.. The~e has Been 'an
acc!de_~t involving a p~rked automobile, .wl~,~h could as
easily been one--of our chil~re~ '-
Th~e.~..u/1. ders~e~ ~espectfully petition the 0ouncil
prom9%, solution to.this very real problem.'
City Manager Gatchel pointed Out the subject area.-on. ~ wall map,
and explained and-c~m~ented aa' follows:- ~May 'I draw the-at,terrtion
of the..OouDci. 1 to the m~p. There has been considerable effort~'~ex~pended
In beha].T~'0f these Froperty owners in Bree=~ Ridge Es%ates~'h~weVer,
to this date, unfortunately, we have not been a~le to Pepo~t ~nythir~
of a satisfactory nature, bu~ I would like .to describe~ this' matter
Council so that you can be fully ~aware of it. -~e have rosily spent
every effort on it thus far, .~Du~ing the..ocnstx~lction period on West
Atl~nti~c 'Avenue, there has been another,.bridge built across the E-4
Canal' at' ~ts. intersection with Atlan~.~o Avenue~ ~is is a bridge
providing for the westerly-lane of traf£1c on the new four-laning.
The bridge abutment comes right across the f-ormer exit of Davis Road,
which parallels the E-4 Canal on the westerly bank of it, This bridge
abutment is now built ac~.oss the access mnto Atlanti'c Avenue.-- Sometime
dur'in~ the. c'onstruct!en.~.pe~l.o~d, ':psmties ~nkno~n to us have-poured-'
some rock for stabilization ac~oss one o~ the ~.lo~s .to 'the
northeas~e~ly,'~on~ o~ Breezy 'Ridge Estates so that ~access is now
available, J~Sroes' 'W~at 'is Believed t° be private property,.,from
-8- 12-13-65
3~9
Davis. Road-at-:.~hie -point .%0 23~'d arid. th~s to:['~4th Ave~ tn',thiS
m~.-so[j~_&e~ess e~. be-~de :'ont4 A~l~ic '.AVen~:~at 'the"~ole
m~e~ we ~:oun~ ~nat..the .State ~c~. ~p~en~, *'i~ *!'~
' ~ ...... ~.~- ,.~n-a~ now-.xn~plao~-ove~ %hese--lot~.~-~'o--t~at neVem
again W~ll Davis Roa~ '~ve'.~y'ac~ess 2o A~l~ic Ave~e~'--.'-~ have
'ta~ed ~th. the ~tate Ro~ ~p~tment on It:~'~ We ~'ave 'ta~e~ ~th the
O~nt~ on it, ~d to this-'~ate~ :'we have -not '~e'~ able to
to.get -s~e ~sat~fao-~ion,~.bu~.. to 'no ~vaiI -to ~'~ "~tW~"
pOSition is' ~tha~-~e is-nO-dedUced .~t~:: .... al'~ DaVis
AvenuL' .-~uthe~ly ~-nu~ ~ ~ ~res '~a :%~ to
=, '~e-re'xs a.--~ec~c~teS'~i~0f,.~.t 'of ~vts-R6~d~"~s you
see the. n~e prin~ed hePe, ~d this bei~ ~long ~2e easterly ~ge
'~'c~'the ~cad which ~s' them in :'eXiste~e.-. ~- mA'In2en~c8 .pur~ses,
~u~'"s~ill '~ere-wes no ~edl~at'i'gh. ~e~ Was no d~dic.ation of .~y
ri~t of-way.. .... : "-- '7" - '- : ." -..-
' " I W~d li~ ~o ~Oi~ ou't a'f~Pth~P pr~l-~ here'.?
s~e' of · the property between these :~wo--: subSiVis i,ons.~e%~- Ridge
Estates and ~ay ~ores-is now plying for a new subdi~s'to~ ~o~
as ~d~ S~dlvls~on-j- ~ has- hX~ "~ c0n%~ac~b~::p~-i~in~--~ '
installing a. 12~inc.h~ ~%er mai~' to 'oo~t Wi~h "the ~%~ ts m~n 0n
West Atl~tlc Avenue, ~d going do~ the ~i~of.~aX,
loosely, 'bu~ .t~gu~ .~ eas~me~ or a'¥1'~t-o~&way t0'.TPo~ide
~d a 12-inch wat~ ~ to.. the prop~s~ ne~' ~d~m'~lq~[~n.
citizens ~f ~is.'De:~ay ~S-: ~ ~;~us~6~'d,'t~q.~e~in~gss and
e~ess oe~ween the westerly exte~ion of N. W. ~th
· Atlantic. Avenu~ ~d matur~11~, '~s theses. ~eople. e'~6".do~ 'Da~$'g: Road
~': come '%0 a blocked '~ea along.%h.e~.~'e~er~y eS'ge ~f-~ee~F~ ~ge
Estates, they ~e_ go,ag t~:-take-~hat Poo'k '~%~bili-~a~i.~:?~$~.~h~as been
d~' in the~e -by P~tte~' un~ '%0: ~, ..~d 'the[':a~-' ~'~[;':
across 'into the street ~ea of-.~eg'~v RXWd&'. ~.~..~.,~... ~_:
you ~e gett~n~ t~fio..of-~]1. ~,~*-7~.~'='~7y,~'
something the residents of that subdivision ~e not accustomed to.
I don~t ~ow wh~t~ _$~.ou$O~me.~11 be.% g~tlembn[~ ~u~ wt11:-bm, glad
to follow ~ advice oP PeOo~e~atl~ bf C~o~ll.. ':'~' _"2 .
~yor Avery questioned the City Attorney concerning 6 road bet~
used for public Use %ec~ing public ~ln, ~:t~ U1t~':At*tgVne2 said
In this case, the .City would be'elating a~.pf~sor~pttve ~i~%-against
the ~ke. Worth ~atnage~ Dtst~o~t, whtCh- l~"~n~h~?' go~~ body,
and It ma2 ~t-'be cla'~ed 1~ su0h a %asej' ~ ' ' '
It ~s pointed out th&t' the closing 5~ ~%1s ~Road./[s 'a Cb~ty or
State P~ob~, *but'* the .%Vaff[~ in ~e~y H~gg" ~st~tes ~%"*a
problem. ..... . . -~ .~ .. .: . . ..... :~ . ~ ~ ~.
D .~.' John ~o~d"of-~ezy ~dme 'ESSAYS ~A---~'.~.-'~' ' · ....
.... ~, .~-- ~=m5 ~oau,]:suns om~ectxy behind'his ~es'idenc'e' ~d
~,,-~. o~ '~nu ~n~t' ~e roaa ~o~s' not beio~- ~:~' :~t~h~'-~'
them. - ~,,~ ~-~au.way~ ,~U~,r~eave~.no .an~w~ f~om
~. Robert Est~ of.B~ee~. RXdg~:. Es-~tes~-a~Med?~e~ U~ci'l if they
could do something t'0 eliminate-.th~'he~vy t~fi~"~%~at.~-is now coming
t~ou~ that subdivision due to ~e clos~g of said ~o~ onto West
Atl~t~'Avenue.~, -.~_ - : . ,~ ? ..._~...~; -. .~-.:
, - ~o~.' Avepy. ~asked ~. %he: ~e~den$~': of '~e'~'z?' Rl'Sge ~%a$'e's would
~e satisfied if_ ~he Oi'ty e.am~se~ %he t~fi.c to :ce~s'~ a~ it-entePs the
Ci~y.-~to, ~eez~ Eidge Estates at %ha%-b~bk side.- ~. S~ord said that
is what they desiPed, also that th~ ~ade of tha2::'~oad-,B8 pais~d to
ke~p the ~te~ f~om,the-, o~al fPom ove~f'lowing'~nto the~' ~mopemties
Beach'' '~womd i~o~ed She ~o~cfl that'S; ~lton WS~S6nb~g
o~e~ ,of the.pro,rate PPop~tY'ovem which peopl~ a~e tr~assing
to,get on$o the StPeets~ ~n:-~ezy ~ldEe ;~ates~ Wi~: b6':~in De~ay
~ach tomor~ow~ '~d ~, :Sa~d,$~s' asked %haS" ~,' ~is.enb~r~.be
to the ~lty:Ha11. To~ a-'co~ePence ~lth-~the,C'fty.~ffage~' .
..- ~yo~ Avery. sug~sted a. motion 'thab the Ci,ty.:~nageP b6 instructed
-..:$0.:p~ope~ly b~ioade the ed~ of ~'e~ O'lty l~Xts, subJec~ to
t - ~ y of S ~n SU~t~on ..... ~ ........ .
Avenue and that the .~hertff~s Department be apprised of the situations
also, that the Gity. Mamag~er fotlQ~ ~hrough.~n d~rectio~ for .p~oper
to come to~s ~th f~the~ :~ea~endattons .~ you ge~ ~ ~ ..... .--
.0i~y ~n~ev ~t~el ~eport~d that he ~d~st~ds ~h~e is a
..foot. ded~P~Eed' :ease~n$ in ~h~ plat ~'~ee.zy ~dge Estates .in
~ubd~vis~on is W~ll aw~e'-of, the-PPoblem or ink,Ss ~o n~s~'prope~
7.b~ ~O~t2 Clerk Wo~hlng i~o~ed the Co~nc~'l :~ a:'~etiti°n f~om
chiles '2~cker~.~e~ a: ch~ge 'of. z°ni~g c~:~At[~n ~fecting
~. sa~de~s moved that sai~ pe~%~n.:~e rez-erre~ ~o ~a-
Zo~ .~d, -the motion being, se~. by ~,j ~ne~..[~ :un~ously
c ~rAed.
7.c- City Clerk Wort~ng read ~he foll~ing ~et-%er .f~om Attorney
W.-N~wlin, da~ed-~cembe~ 8~h, 1965:-
following descried..prop~ty,' ~c ~x=. ~
~at p~t of"t~e..:Som~l~0 feet of the No~th
1040 feet ef ,o~emt.:~.4 which lies .'East
of .Mtate Road. '~A"~im Mect~on 21, To, ship .45,,
~is pre, enVy is~ ~e~ted On Berth ~e~ Boulev~.. Just
outsi~e ~. the Git~mi~s. of ..the. ~ty of De~ay Beach
~d u~e~ the Oo~2 zOn~g it is zoned.for apar~ents.
~. A~amo.am~ his a~oc$ates would like-~:have this
property taken into '~e 0ity ~de~ s-~ii~ zon~g me- .
quir~men~ ~d. ~or s~ t~ ~ey ~ve ~e.n.negotiatlmg
with the City' in.~hei~':'effort to have ~ done so that
they can pmoceed with their plans to ere~ ~ ei-~t unit,
two'Story aPa~$ment BUilding·
'~is matter ~$ co~idemed b2 the Oity Pla~ng Bo~d at
their~e~l~ ~let.~g 0n ~ch 16, 1965, a~ which time
the Plying Bo~d unan~ously reco~ended that said
property be..a~exed to the.Oity ~der a new z~
classification to-be ~O~ as R3A. ~e ..claesiT~ation
would have the a~e r~uirements as ~e -Rresemt ~
(apartme$t) zo~mg,-except t~e hei~t l~tat.ion en _~
~the bull~ing weui~ provide that it we~d not e~.ee~ 3)
feet.fro°m ~e,~est finished grade te the cei~g of
the Co~cil voted to sus~axn =ne rec~en~a~mon uA
P~lng Board~. s~,~.t ~ t~e o~e~s. ~ the property
reinstating, rheim .~etitien. x:om ~exa~xonf~
~. A~o amd :-his assoc'iates are ve~ ~tous to .eenc~lude
this ma~ter~-se tha$ they cam co~ence ..constmucti~n of the
propos, ed spleens bmA~ing, ~2 .are, therefore~ at
.~is time '.peti$1ening- the Qo~eit~ to ~ex the ab~._
described ~operty to ~e. ~t~ ~mSts.~f~ the :Oity.~ef
B~ach under 1~. new z~ni~g c~as~.~$c~at.ion to' be" ~o~. as
~5~ all ~of the pr~ent rule.~ ~d '~lat~ ~f classtficattSn
of the bui~g wili.~J no~ t~o ex,~d .3~f.eet fr~ the
hi,est fiHishe'd grade -to the cei~i~ of ~he :hi'~t...
floor.
~. Fr~k H. Wetler, one of. ~$he o~ers of this pmoperty,
if you need h.$ siva~t~e .~n :~ petL~ion to ~ex the
pr ope~yz ,f04 ~ 12-13-65
351
~A..2~n_g.~_ms~u_t:~? ?e.la_~mv,?.,. ?? .th~s-'ann-exa.ti~ and' pr~poSq~d deVelOpment
A tox'ne~:-No~lin' e~pta~ned ~hat '~n'en'th~s's~tfJec~p~oper~y:
acquired by fha p~eae~t o~si they wsre. ~ed by County-'effictals
that-th~ cou~ not ~e s'e~tic.::t~ks .at. ~hi~: loe~ion' because..
was: a-City 'sewer W~-~hin-. two hundred 'f~et of;~he p~op-erty ~d-.'~heY
would have to get permission from the City ~o CO'oct to the sew~r~
they we, e, ~ed. ~h~t the City could.no~-all~'-~e~tio~s
property oh~e th~ City-l~its-~. t~ef~e~'~e.~xt step was
. !a~e~ ~o--~eins~a'~e-~h6zr ~tition t'o ~ome" into t~' City at
this', t~e ~.. ._ ' _ . .... .
· ~ lo,thy co~ents, ~y.or Avery said.-that w~en
M°fflt~ ~d ~. Chiles Robertson ~d other p~ope~ty o~e~s 'ln.~hat
~ea had been encou~aEed to be ~exed into the City, the Council had
given ~etr agreement-t~'m~'.~ey wo. uld.not~con, l~ ~zo~ng ~ thet~
nei~O~hood during ~e s~er ~n~h~, but dqr~.g the ~inter months
~en they were ~e~e~
~yor Avery. r'elinquished~ th~-gavel to Vi~e-~yo~ Saunders ~d
c~ented ~d ~ved--._as fo~l:o~s:
- I;feel'~haZ.y~:,did-.not have a
Pl~ing ~recto~. I feel ~hat the '~irc~t~ces when the Pl~ng/
Zoning Bo~d held a hearing before, those people were outside of the
Cl~ li~ts that..~ induced.tot, eom& In ~$ ~ MSffitt
Rob~nt~n,.~ c~ in ~d b~c~e citizens ~.th~S ~o~"since~that t~e.
I 2~el, mo~ally, that this. t~g ehcml~ b~ d~: by' t~.t
p~oeedur~ because the .Pl~ln~Zontng Bo~, With ~he Pl~ing
Directo~, will have available to it plying thinking which it didn~t
have. at that'$ime, .~d-lb Is for that*~eason I'.'meve tha~ thl~ be
, v:~noy-~e.-requz~ee :o ncaa pub'tlo he,rings thereon,
~d that all-the Pr, oP~ty o~er~ to"'.whieh~we gav~ :~ wo~d
notified. ~at~ts: a motion." ---- .- ~
~. 0~ft questionea, the-length of:time it,wOuld t~e for"publi=
hea~ings ~d the d.e~y t0:the~Pettt~ene~ ~o~ ~xation.
05{~ At.to~ey. Ad~ ..roUnded 'the Council tha~ .~ o~din~oe
creating an R-3A zoning ola~si~ioatfon ~a~ ~ot ~en'Naased as yet,'
~d that regardless of a public hearing held by the Pl~ng Board~
there would-still, have to be a publl6 he-eing be~e '%h& ~:fty 0o~cil
at ti~ of second reading-of the ~din~ce,~i~h~t~ the o2fi~ial
publ~ hea~lng.
~. Zurney aaid.:.~is is ~ item ~hat'haS been. before the C6uncil
~d the Plying Bo~d.:~d that he sees no r~ason for 'It tO'~be
delayed longer. , ., .th..~ ~ .. _ .
~. M. L. BenJ~in~ o~er._:of, e..H~ilton House~ said t~at' he is
In a~eement with ~o~ Aver2 in that this-item"not be ~s~ t~ou~,
and that there be a public_hearing, so that the people on the beach
may make the~ fee,l~g~, ~o~. -
~. Croft asked Attorney. No,lin ~f hez~hom.$t i~ woul~ cause his
clients ~y-undue_h~dship.-~ there is a delay to' go throu~ the
ch~els as moved by ~yo~ ~Ave~, and AttoPne~'"NOwlin~ ~sWered~
"~t us put it this way. ~.:t.~"-~l~ts. :~ew~ow. that
months from now, they w~ld be taken into the Ci~ under the R-3A '
~o~i~, t~e ~wo 'o~-t~ae menths lt delay Would .not:b~e~ them at all
they have been t~tmg to,work out seme~lng:~e~'~ years."
~. Talbot ,'said ~.that in o~de~ for the 'matter, to-be co~ide~ed, he
would second the~ motion ~ade 'by ~yor Av~.y. - -:--..-
~. ~rney-said he'-IS ne,t 'mwa~e of-the ~ll.co~itment that"was
made to the t~estdents of"Eou~h Oceam Boulev.a~ when"-~hey c~e i~to
t~ '~-ty;-o~.~ay ~. and ~estloned t~e p~sehtl-ex~ensi~n ~f a
the co~usion 'i2~,%~s was P~z~ed ~-~- :~-.~'~ -' , _e some of
study ~d rec~endation, ratheP th~ have them hold ~o~her public
hearing.
~YOm.?Ave~--.said .15 l~ a '~oral obli6a%lon of the Co~cil that
~erg. ~e. ? publ!=..~h~g, Reld on th~s item' "~d:.t . ' .
~ne ~nln~xn .of t .... ~ . - , ~ . h~t if this r~0eives
in Janu.~v.g~h~.-'~ PX~n~ mrec~', ~he:hearxng *i'l~ be. held
. ~...epv.-~ would ~obably ~om~ ~%0 ffou "" '
meeting in J~uaPv- wi~ *~-~ ..... - - .. ncil at thei~ second
~, --- -~*-~ ~'ea~ang or oPcxnances in PeBmu~y, and
--11- 12-13-6S
352
the petitioners would ~ow by the first of March what the final score
is, which-would gl~e-.~hem~ampte, t~e for all~the development they
FotlowAng lengthy discussion, and upon call of roll, ~2o~
~. Cr~t~ ~. Sa~de~s~ ~d ~. Talbot"v~t~d.~ifl fav~-'of~ mo~n~
~d ~...J~ney abatalned f~ v. ot~8. " .' ·
8.a. City Cle~ worrying p~.esen~ed ~SOE~'ION .NO. ~-65.
~ON OERTAIN ~ ~OATED 'W~TH~-~AiD OX~ SE~G
~ON SA~D PROPERTY ~ ~ ~0~T ~ SH0~ BY ~0RT ~
T~ O~Y ~A~ER OF DE~Y'BEAOH, F~RIDA.
See ~age 3~-0. and 3~'~-1~'
.(C~py 'of ~ot~on ~. ~-6~ ~d aceo~y~g ass'essme~s
~e attached to 'the ~official.-copy of these minutes.-)
Resolution N~. ~-6~ was un~ously.pa~sed and adopted on this
fi~-~d f~al ~eading, on motion by ~. SauCers ~d seconded by
~. Croft.
8.b. Oity Clerk Wo~thing p~e~ed ~OL~I~ ~.
A ~S0~ION ~.T~ CI~ C0~CIL O~ ~ 0XTY
~ ~Y BEACH, ~R~A, ~IGN~* PA~
AGE~~ ~ C0~TYON ~T~ T~'$1,200,0~
~, .~is Co~oit has here%creme, by resolution
duly adopted on 'the ~3~h ~d'ay~ ~ A~s~, . 1~6~,~ p~ovided
~e C!~y of ~ay Beach, Flobida, for the purpos~ of
fin~cl~ ~he cost.~of eo~tmuc~i~ ~d auquisition of~
Capital ~Pavements-In said City; ~- ....
. and . .. ,
~AS~,I~ $~=e.ss.~y to-desi~ate paying mgents
in c~ecti~ ~ere~th,
NOW, T~P.O~, BE ~ ~EOL~D .~ T~ C~Y
OP T~ CITY 0P DE~AY BEACH, :~R~A., AS PO~:
1. ~at the $1&200,000 Cigarette ~ax ~m~s of the Olty
of De~ay ~ch, Florida, heretofore .a~Ortzed by
Resolution adopted on'Au~st '13,' t96~' shall be payable
at the First ~ational' '~k ~f ~l~de~ or at the option
of the holder~ 'the..~rg~ 'G~ty ~ust Oo~y ~
New York.
2. ~is.resolu%i~n s~ll ta~e' effec~t ~diately.
PASSED ~D ~OPTED ~is day of-December, 2-965.
~yom Avery queati~ed.-why the First Nat'ional' B~ of Orl~de is
desi~ated as the pay~g agent in this ease and City Atto~n~ A~s'
sa~. that ..one of thm ~easons fem.:having 'a Flortda..b~ is that
makes the ~sk easier ~or t~ sale of the bo~S, and the only-Way it
could be a local b~ Is~ if they bou~$t the b~d's. ~the~, that
most of' the pa~ents would ~e made at the Morgan Gun,tee Trumt
Oo~y, but they have sold. a la~e. portion of this issue to the
First National Bank of ~do if 'they are n~ed ~s paying agent.
It was pointed .out t~t this is a .~i~t Shat is r~erved for the
people who buy the bonds,
ReaoluBion No. 55-65 was ~o~sly. pAs'sod ~d a~p%~ on this
first ~d final read~g,, on moti~ by ~. Saunders an~-s~econded by
~. Croft. .~
~yor Ave~ said the~ ~ai~ w~ld tnte~ta~ a m~ion t~at a
co~b~ee 'consZsting of 01ty M~r Gatchel, as ~a~9' Fin~oe
Director ~eber, ~. R. W. Freitag of the De~y Beach National Bank
~d ~. F. J.. Teschke of the Fimst National B~ be appo~ted ~d
authomized to des.i~ate ~at b~s the deposits will be placed in.
It was so moved by ~..T'alb. ot ~d ~eoonded by ~. Sa~der~.~ '
City Attorney ~ said such a co~ttee could net desi~a%e,
-12, 12-1~3~65
but could rec0mmen~, .am~ said:change of..._~he mo~l~n~w, as ~.acoepted by
Mr. Talbot and Mr. Saunders. Upon call o£ roll, the motion carried
(Copy of 0rd~e NOA 39-65 ms?~ne~ tO the' of~'i~l copy of
these minutes.) See page 35~-E.
_
was ~ou's~ ~assed a~d adopted on. this s.~cond and final.re,fling,
on ~motion b~.. ~.. Talbot ~.~d seconded by ~-. ~urney~.. '- -
0P ~Y BEACH, F~RIDA, ~X~G T0 T~ CITY
0ER~AIN ~ ~-A~ IN SECTZON~ 28 ~ 29, ~.
~ OONTIGUO~ TO EXISTING ~ICIPAL~ LI~ OF
CITY TO ~CL~E SAID ~.
See paEe 3~-F-G.
(Copy of ~d~n~ce'. No .. ._~1-65 is. a~%ach~ to the offl6i~l copy
of these ~n~te~. ) .... :.
City Clerk Womthing e~lai~d %h~ this ordin~ce cDve~s
a~atlon of Federal Hi,way to _~e NoP~ Ilne of She ~I5
C~, also so~ fiSts-of-way surro~ding ~ ~a in ~l-
Raton..P~k~ which was mecently ~exed to the City.' .
~ere. berg no objection to ~din~ce .No. ~1-~65, said ~din~nce'
was un~ously: pas. sad a~ adopted on this second and final. ~e.ad]tng,
on motion by ~. J~ney ~d seconded by ~ T~bo~. ~
8.e. City ClePk Wo~thi~ .presented O~ANCE ~.
~ O~CE 0F T~ O~Y ~O~IL OF 'T~ O~Y 0F
DE~AY BEACH,.:F~IDA, A:~'~NG TO ~ C.~Y ~
DE~Y. ~AOH C~TA~ LA~, N~LY ~T 28 ~ ~ - --.
SHO~ ~TATES ,- ~ICH .'~D ~: :0~IGUO~. TO 'EX-
ING. T~ B0~D~ OF SAID O~Y .TO ~CL~E SATD
~; PROVIDING FOR T~ RIG~S A~ OBLIGATIONS
0F SA~ ~D$ ~ PR~D~G ~0R T~.
(2101.,-N....E, 3~d Avenue)
(0opy. of' Ordin~oe Ng., ~-65 ts attaohed.~%o ~he~offioial copy of
these ~nu~es.) ~ee :page 3~-H. -~ '
~eme bein~ no obJec~ion..to ~din~ce- No. ~2~5, said
was una~mously passed ~d adopted on t~s second ~d final reading,
on motion by ~. Talbot ~d seconded .by. ~. Jump.
8.f. City ClerM Worthing presenbed 0~CE ~. 43h'65.
AN 6~DIN~O~ 0F: T~ CITY CO,OIL ~ T~ CITY OF DE~Y
BEACH~ FLORIDA, ~XING T0'T~ CIT~"0F D~Y BEACH
C~TAIN ~ND~ N~LY ~8"t, 2 ~d. 3, BLOCK'E ~SS. T~
~HT-~-WAY 0F FEDERAL HIG~AY, ~-~CI~DA S~D~IBION,
~ICH ~D .IS CONTIGU0~ T0 EXIST~G ~ICAL LIMITS 0F
SAID CITY;. ~D~ING.T~ B0~~ 0F :~ID CITY TO IN-
.CLUE-SA~ ~D; PROVIDING.FOR T~ RIGHTS A~ 0BLiGATIO~
0F SA~D ~; ~D PR-OVID~G FOR T~ ZON~G T~OF.
(1313 No~th Federal HI,way)
(Copy.'bf 0~din~ce' No. 43-65 ls attac~&d to '~e official copy
of the.se minutes..) .See page 35~-I.'. ' ' - '
~ere being nc object, on to ~d~ance No. 43-65, said Ordin~ce
- -13- 12'13-65
was 'unani~17 passed and adopte'd on thi~ second and final eeading~
on m°tton ~ ~" Jur~ey ~d sec. o~ded by ~; ~aunde~s.. '
atehel caIl~ ~ouncil at~ion to'a coP'~ of a_
P;M~'~e~ Monday ni~t, .~cemoer =~'~ '
ro err ~ at which ,t~e ~hes:e
the acouisition of ~e be~ch_P[~ _.~.~ ~e other Oounci~e~-were
p~operl~ advertised' ~d.~he proper.p~tie .. .
· ~ ~on% 'reported to Oo~cil' as folIo~s
entative he~ ~ : ~-' '~ work- ~d as such
as.a repres ~ ~ous to get t= ,
he would waive, the ~ec~c~ ~.~ ~, award on ~' BaSiS o~.
raised as ~o ~he bia~ ~ wou~u -?~
. 'fi es' instead Of the ~it'ten w~dS-~ ~t is the
Bi~ that was .red'which.was ~8~,9~.~. ~ ~ ~by ~ S~son
bid ~. Sau~ders ~oved to award the con~rac~ to
~ ' 93~-~ ~d.that the ~2or he'given
~'c..~_ ~ the ~o~% of ~,. -: t the' motion being_ seconded., by
t..to execute s~19 cont~c , . Sewer S stem-Area 11)
~th~ri y . ~_ ~ c.~ried.' (Sanmtary Y
lO~.a. Oi~g Oler~' Wo~t~ing presented Bills 'for ~proval aa follows~
~neral ~nd ~ -
Water~ ~e~ti~ ,&~nteD~.e F~d :81~032.6~
Water ~venue .~d'-
Refund'able ~po~its ~nd ~, 7~9~-22
~ach' D~aater ~nd 6~ 285., 20
~e bills were ~ously o~'deved pat~ on"motio~ by ~, CrOft ~d'
seconded by ~. Talbot.
~e meeting 'ad~~ed~at 10:35 P.M.
R. D. WOR~H~G _
' City Clerk
M A YO'~'
354-A
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-l~7. AND SECTIONS 15-3 and.. 15-4 OF THE CITY CODE.
9 ..W~E~R AD~R$ S S DES C R I PT I ON- C ._ODE.
1.Maisie E. Buerk 337 N. Swinton Ave. - 0v-ergrown part .of 15-4
Del~ay Beach, Fla. Lots 10,11, ,& 1~,
2.Melville L. & P.O. Box 337 Lot 4, Block 66 .15-4
Susah Bee Brown - Delray. Beach,- Fla.
3.City of Delray City Ha~l~" East side of N. Wi 15-4
Beach Del~.ay Beach, Fla, let Ave.,120 fee%~
Ne~thwamd f~om 8th
· -street
4,John Edward Pilkin 417 Grove Street Lot 5, BlOck ~,,
Clifton, N., ~., No~th~id'ge
5,Dorothy R. Kern P.G. BoX 743 Lo~s 6 .&; 8,Bloc. k ~, 15-4
De,ray Beach,Fla. Nort~widge
6.'Tullem Construction 103 E. Front Street W~s$ ~ of North' 100 15-3
Oompany Red Bank, N. ~. feet leas'West 4't? 15-4
feet of..0oean Beach,
~ot. 3
7.R.E.W. Realty Ce. P,0. Box 17066 We.at 125 feet of 15-3
Inc. Louisville~Ey, North 100 feet of 15-~
Ocean Beach, Lot 32
8.David H. Annan 2~0 $. 0ce.~l~ Blvd Began 3§.~t~ feet 15-3
Palm Beach~lao West of Southeast 15-~
corner of North ~
of Let 28 for POB,
then run West ~00 .
feet ;North 135.06
feet;East 200 fee-t;
South 135.0~ feet to
P0~,Section 9-~6-~3
9.Joseph · Helen 3837 South Arche~ West 85 feet of East 15-3
Bignorello Ave. 295 feet m/1 of
Chicago,Ill. South 135.3 feet of
North 1090.3 $$'et m/1
of Southeast ? oD. ,
Section 9-~6-~3 (South
ways, Lot 9)
10.Elizabeth B. 222 G!eason Street West } of South 109
Rhodes De/may Beach, Fla. feet of North } of 15-~
AND Block 159,1ess West
Dana F. & Alice P.O. Box ~26 100 feet
Rhod~es Sulcer Marion, Ark.
II.Oornelia Robb /~O2 Nemth Swinton South } .of N. E, A~ 15-3
Th,mpson' Ave, of Lot 7 less West
Delray Beach;Pla. 200 feet ~ F~st 33
feet .R/W,$eetion
12,R. C. Keen P.O. Box-908 unil?lpreved portion 15-3
Delmay B~ach, Fla. of Lo$ 2 & ~or%h 6
feet Of LO~' 3,Block
35~-B
Page ~.
VIOLATIOK~ 15-3 ~ 15-4 as concerns this report are as follows:
1. 15-4 Weeds
2. 15-1;_~ WeedS'
k.3' ~155~ WeedsWeeds'
6. 15-3 Storm Damaged Trees,~.Limbs ~.a~ ;;~.~ ~ash
15-~ ~eeds and ~de~b~sh
7. 15-3 Gar~n ~ash
15-~ Wee~s
6. 15-3 Dead ~rees, Broken ~bs, Dead Pa~ ~onds & ~rash
I5-~ ~eeds, ~de~b~sh and Vines
9. 15-3 ~oken L~bs
10. ~oken L~a and ~gs
11. 15-3 ~oken ~mbs and Branches on E~st p~t facing ~in%~
Avenue
12. 15-3 Pa~ ~cnds,old Trash and Debris on property ~
house.
15-4 Weeas
Submitted to the City Council by the Ci}y F~Uaager
on this 13th day of December, 1965,
~0L~TION ~0. 54-65.
A ~ESOLUTION OF THE Cl'T~ COUNCIL 0P T~ CITE OF DEL~Y
B~CH, FLORI~, ~S~SS~ COSTS ~ A~TIN~ ~NC~
O~ ACT~L C.~ ~C~ BY SA~ CI~ TO ACCO~H
OF ~ ~AN~, A~ ~ING S~ ~ TO~ ~ L~
~EA.S~. t.h.e .C.l.~.2..O.o. uncil of the City of Delta2 Beach, didt in
~e.~ular ~f~/~////////session held on t~e 2~F.d .of Aumus~ .~n8 1.~h
'.and 27th_of S~Dtember. 196~ _ _declare the" eximt'en~e of a ~ui-
'santa upon certain Io~ or parcels Of land, described in a list sub-
mitred to them, fo~ violation of the provisions of Ordinance G-~?J
WHEREAS, pursuant to such declaration, the City Cler~'.~£ said
City did fu~mish each of ~e ~eepectYVe o~s of the l~s described
in said list with
~t they ~st aba~e said nuis~ce ~i~ t~t2 (30) days, Faiti~
In which the Ci~ Oo~cil would have it done, ~d the oost. thereof
would be levied as an assessment a~t said p~operty~
~S, the o~e~s herei~te~ n~d did fall ~d neglect to
abate the ~anoe e~sting upon ~ei~ respective l~ds with~ the
time prescribed in said notice ~d 0~di~e G-~7, ~d the City of
De,a2 Beach was ~equ~ed to and did ente~ ~on the followi~ l~ds
~d lncu~ costs in abating ~e nuis~ce e~s~ti~ ~e~eon as described
in'the ~o~esaid list~
~S, ~e City ~age~ of the ~i~ of DetesT'BeaCh, has, p~-
·uant to said Ordinate G-~7 ~d t~ 0ity 0h~te~ sub, fred to the
Ci~ Co--il a repo~ ~ t~ costs incited in a~t~ the nuis~ce
a~' ~eaaid, Said ~eport ~dioat~g ~e costs par p~cel of l~d
involved,
NOW, THErEfOrE, ~E IT RE~OLFED ~Y THE CITY COUNCIL OF THE CITY
OF DELRAY ~H, FLORIDA, AS
1. That assessments in the individual amount~ as shown by the
report of the City Manager of the City of Delray Beach, involving the
,City,s cost of abating the afc~esaid nuisances upon the lots o~ pa~-
eels of land described in said report, a copy of which is attached
hereto and made a part hereof, are levied against the parcels of land
described on said report and in the amounts indicated thereon. .~aid
esseseme~t~ so levied shall be a lien upon the reepeot$~ve
lots and panels of-land described in said report, of the sa~e
nature and to the same extent es the lien for general city taxes and
shall be collectible in the same manner and with the same penalties
and under the same p~ovistons as tO sale and foreclosings as city taxes
are collectible.
2. That the "C2ty Clerk of said City shall, as soon as possible
after the effective date, record a certified copy of this resolution
:in the office of the C~rk of the Circuit Cou~t in and fox- Palm Beach
Count, ~lorida, and shall furnish to each of the owners named in and
upon said report a notice that the City Council of the City of Delray
~eaoh~ did, on the .23rd. of August and l~_th and 27~b o~ .~.*.~h~.1~65
~rder ~e abatement of ~a cert'aXn nuxsanoe extstlng on ~he~- descrlb~
property and property owne~ havin~ failed to abate such nUisance,
~ithin the 30 day period,, whereupon it was abated bY the City at costs
~ho~n in said report and such assessments shall be legal, valid and
binding obligations upon the property against which said assessra~nts
are levied. This resolution shall become effective 30 days from the
date of adoption, and the assessments contained herein shall become
due and payable thirty days after the mailing date of the no,ice of.
said assessment, after which interest shall accrue at' the rate of 6%
per annum on an2 unpaid portion thereof.
PA~,SED AND ADOPTED in ~sesslon on the ~ da~ of
_Decembe~
'~T~EST! /_S/.,A...1. C. Avery
' ~"~-"~ ~ a '-~' ..........
/S/ R. D. Worthing
35~-0-1
COST OF ABATING NUISANCES UNDER .ORDINANCE NO. G-.147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
AUgUSt 2~ 196~llSt.
North 50 feet of'Swuth 100"feet J: P. & Kathleen Callaway $ 21.00
of East 135 feet of Block ~3.
September.l~t 196~.list.
South 225 feet of no~th 480 feet Florida East Coast
and South 139 feet m/1 east of Railway ~omgany $124.50
railway, Block 85; also
BlOck 86'east of railway.
September 27~ 1965 list~
South h'alf of West tWO-thirds Josie G. Greene $ 70.00
of Block ~2-
ORDINANCE NO. 40-65.
AN ORDIIi%NCE OF THE CITY COUNCIL OF '*THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY THE EAST 35
FEET OF LOT 34 AND THE WEST 60 FE~-T OF LOT 35,
DE~RAY BEACH SHORES, WHICH' LAND .IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFIN-
ING THE BOUNDARIES OF' ~AID CITY TO INCLUDE SAID
LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; AND PROVIDIN~ FOR THE ZONING THEREOF.
WHEREAS, BILFLO REALTY & INVESTMENT CO., INC. iS the fee
simple owner of the property hereinafter described, and
WHEREAS, MR. WI~.. D. TULLEY, PRESIDENT OF BILFLO REALTY &
INVESTMENT CO., I~C., by his Petition, has consented and given per-
mission for the annexation of said property by the City of Delray
Beach, and
WHERFRIS, the City of Delray Beach has heretofore been author-
Ized to annex lands in accordance with Section 185.1 of the City Char-
ter of said City granted to it by the State of Floridal
NOW,'. THI~REP. ORI~,. BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACh, FhORIDA, AS FOLLOWS:
,s.~c~IoN 7- That '~he CitF Council of .the City. of Delray
Beach, Palm Beach County., 'F.l~,r.ida, hereby .anne!(%s ~tO said City the
following described tract of land located in Palm Beach County, Florida,
which lies contiguous to said City, to-wit:
That tract of' 1slid,~ namely the East 35 feet of
Lot 34 and the WeSt 60 feet of Lot 35, Delray
Beach ~horea, per Plat Book 23, page 167,
Public Records of palm Beach County, Florida.
SECT_ION 2, That''the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above
scribed tract of land and said land is hereby declared to be within
the cOt?Orate limits of the City of Delray Beach, Plorida.o
SEC~.ION 3. That the tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA, as defined by existing
ordinances of the City of_ Delray Beach, Florida ...... ..
SECTION 4. That the land hereinabove described shall i'mmedi-
ately become subject to all of the f~anchises, privileges, immunities,
debts (except the .existing bonded indebtedness.), obligations, liabili-
ties, ordinances *and' *l&i~..to ~hich lands in the City of Delray
are now or may be, and persons residing thereon shall be deemed
zens of the City of Delray ,Beach.
SECTION 5, That if. any word, phrase, clause, sen. fence., or
part of this ordinance shail_be declare~ illegal by a 'court of compe-
tent jurisdiction, such record of illegality shall in no way affect
the remaining portion. .
PASSED in regular Session on the second-and final reading
on the aan~ day of Novembe.l-, .19~.
/si_iL .C. ~._e~.~ ....
ATTEST: ' ' M A Y
City Clerk
1st Reading_ November 8th.~ 196~ 2nd Reading November P~+.h..
3%4-E
OI~OXN~CE NO. 39,65,
AN OllDXMA~CE OP ~ ~X~ ~C~L Off ~ CX~
OP DEL~Y B~, F~R~, ~ZONI~ A~ P~CXNG
~TB 25, 26,' :27, 28, 29, 31 and 32, BLO~ 12,
DEL~ PARK $~Z~SZON, DE~Y B~CH, F~RIDA,
~N "R-3 ~TZPLE FAMILY D~ZNG DZ~I~",
1960", A~ PRO~DZNG F~ CO~ITIO~L USE OF
~ZD ~ AS A ~DZ~L
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
SECTION 1. That the following described property
in the City of Delray Beach, Florida, is hereby rezoned, and
placed in the "R-3 Multiple Family Dwelling District" as
fined by ~hapter 29 of the Code of Ordinances of the C~ty of
De,ray Beach, Florida, to-wit=
Lots 25, 26, 2?, 28, 29, 31 and 32,
Block 12, Dell Park-Subdivision,
Delray Beach, Florida, according tO
Plat Book 8, Page 56 on file in 'the
office of the Clerk of the Circuit
Court in and for Palm Beach County,
Florida.
Section 2. That the Building InSpector of said City
shall upon the effective date of this Ordinance change the
Zoning Map Of Delray Beach, FlorLda t~'conform with the pro-
visions of SeCtion i hereof.
Section 3. It is further Ordained that said premises
are hereby approved for conditional use as a Medical Center.
PASSE~ in.regular session on the second and final
reading-on this the 13~h day of December, 1965.
/~/,A1. ~, Avery
ATTEST:
/S/ R~" D. Worthing City Clerk
First Reading Novembe~ 8th, 1965
Second Reading December 13th, 1965
OI~DX~I~CE NO. o
~g ~ ~ ~N.'8~ZO~8 28 and 29,
~ ~~8 ~ ~$TX~ ~CXPAL L~ITS OF
~ZD CZ~ A~ ~BFZ~ ~ ~RZES OF ~
h~l~. and ge~ral ~Ifare of ~e c~$~s of ~e C~ty of
~ay ~ach, Flozida, ~at ~ hereinafter de~r~. ~al p~op-
~ty ~ a~ex~ ~ ~ C~ty of ~lray Bea~, a~
~S, ~ C~ty of Delray ~a~ has here~fo~e
au~or~ to a~x 1~ In ao~rdanoe ~ Sec2~on 185.1 of
.'City ~a~ter o~ said C~t~ ~an~d to it by ~e $ta~ of Florida:
~, ~~, BE IT O~I~ BY ~ CI~ ~O~CIL OF
8g~I~ 1. ~at ~e Cit~ ~uncil of the City of
~aeh, Palm Bea~ ~ty, FlOr~a, hereby annexes ~ said City
following descr~ ~f~ls 9f land located ~ Palm ~ach
Flor~da~ ~iah lie c~2~ovs to sa~d City,
~ose parcels of land lying and being Ln
8ec2~Qns 28 and 29~ ~sh~p 46
~nge 43 ~st, Palm ~a~ ~ty, Flori~
descried as folios:
~in a2 a ~int ~e~e the Noz~ lfne~...~f Block 20,
~l-Ra~n Park, as recorded ~n Plat ~ .14,
9, of ~e ~1~c Resole of Palm ~ach
Florida in~=sects ~e ~ste=ly =~ght-of-~
erly along said Westerly r~qh~of-~y l~ne of
Road ~. 5 (U.S.~. ~1) ~ i~ intersection wi~
~e ~r~er!y right-of-~y line of Central & Sou~-
ern Florida Fl~d ~ntr~l Dts~et Canal C-15~
~ence gaa~rly al~q said ~r~e=ly
line of ~nal C-15 to its inte~eoction wi~ ~e
Easterly riqh~-o~-~M line o~ state ~oad ~o. 5
(~.8. ~. $ 1} ~ ~ence ~erlM aloaq said
ezlM =iqh~-~M line o~ 8ta~e ~d ~. ~ ~.~.
$ 1} to i2a intersection ~ the Nor~ line oE Block
~8, ~l-~t~n Pa~k, ~la~ ~oR 14, ~aqe 9~ ~ence
~es~=lM ~ P.O.B.~ also
~e ~oll~lnq riqhts-o~-~M as .ho~ on Plat o~ Del-
'2aton · Pa=~ ~a~ reeor~4d ~in'. ~la~ '~ok · 14; ~qe 9 o~
~he ~l$c ~ecozds o~ Palm Beach Co~t~, Florida,
90 '
354-G
Page 2. O~D~CE NO~ 41-65.
~c2ion ~ ~e ~u~ezlY =tqht-o~-~Y li~' o~,Avenue
~ ~t the ~undar~es o~ the ~ty of ~l~ay
~ach, FlOrida, a~e hereby re~fine~ so as ~o include therein
the a~ve.'des~i~d parcels of ~nd, and said lands a~o he.by
neach, Florida.
~at i~ any ~d, phrase, clause, senten~
or part o~ this o~dinance shall ~ ~clar~ illegal by a co~t
no ~y-'a~fect the' ~e~inin~
passed in regular session on the: second'and ~ina[
~eadin~ On ~is the 13th day o~ ~eemb'e~, 1965.
M. AYO~
:-
-- ' ~tty clerk
_ . . ', '1 ~ [~F~ ~
'
35~-~
O~D'rNAN¢~ 1~. 42-6,5.
A~ ORDI~I~E OF T~ C~ CO~ OF T~ CXTY OF
DE~Y B~, F~R~, A~XIN~ TO T~ CITY OF
SHO~ .ESTA~S, ~ICH ~ IS ~GUOUS ~ ~-
lNG ~ BO~ES OF ~ID CITY ~ I~L~E
~ PRO~D~ FOR ~ RIG. S ~
OF ~ID ~ A~ PRO~DING FOR ~ ~ T~OF.
~S, ~C~R M. ~G~, is the fee simple ~er of the
property hereinaf~er descried,
~S, ~0R M. ~IG~, by his ~ti~[on, has consented
and given permission for ~e an~xat~on of said' pro~rty by ~e City
of ~lray ~ach, and
~S, the Ci~F of ~lray Beach has heretofore been au-
thorized ~o annex ~ands ~n acco=dance wi~ section 185.1 of ~e City
~arter of said City granted ~o it by ~e State of Florida=
NOW, ~~, BE IT OR~I~D BY T~ CITY CO~CIL OF ~
CITY OF DE~Y B~, F~RIDA, AS FOLLOWS:
S~ION',I~ ~at the City CoUncil of the City of ~lray
Beach, Palm ~ach Cowry, Florida, hereby annexes to sa~d City the
following descried ~act of land located in Palm Beach Co~ty,
Florida. which 'ii~s ~ntig~ous to sai~ city, ~o-wit:
Tha2. trac~ o~ land, namely ~t 28, Lake Shore
EsPies, per Plat ~ok 25, page 26, Public
Records.of Palm ~ach County. Florida.
S~CTXON 2~ ' ~at'the ~un~aries of ~e City ~ ~lray
Beach, Florida, are hereby redefined so as to inglude th~re~n the,
above described, tract of land ahd said land is hereby ~eclared' to
Be wi~in the corporate limits of the City of Delray ~ach. Florida.
SE~XON ~.. ~at..'~e tract O~ land hereina~ve ~es[~ibed
is her~b~ deC!a~ed to ~e in'zJning District R=~,'-as defined bM
existing ordAnances of the City of ~lray Beach, Florida.
, ~lON 4L J~at th· land he~einab0ve describe~'~ shall
media2eiy ~0~~ Subject'~ to[~i[ 'al "~e f~an~hises, privileges, ~
mun~ties, debts, ~bliga~ij~S,' liabilities, 6rdinances ana'laws to
~ich lends in the~ c~ty of.~lray. ~ach. are now or may be. and.
pezaona =eaidSng.thez~n Sha~l .be dee~d citizens of the City of
~lzaF'
SE~ION S~ That_,iff~any word. phrase, clause, sen~enCe'or
pa=t of th~$ ordAnan~ 'Sha[1 be~ declared illegal by a Court 0f
potent jur!s~!ctipn, such recor~ of illegality, shall in no way
affect the remaining
~SSED ~n regular SesSion on the second and [inaI reading
on the 13th day of ~ecemher, 1965.
/.~/ AIi C. Avery
ATTEST~ ..... ""- M A Y O R ' '
~S/ R~ 9' Wopthing .....
CitY Clerk
First Reading ?eV-: 22. ?&.g,..j.~, ~eCO~R®afling Deo..l~..,196& $05.
354-I
A~ OR~DI].q~NCE 0t~' ~ 'City C~ OF ~ CItY OP D~Y
B~, PLORtDA, A~NG ~ T~ C~Y 'OP DB~Y B~CH
~RTAIN ~' ~LY ~S 1, .2 ~'nd 3, BL~K E ~SS-~
RIGHT-OF-~Y OF FEDE~L HIG~AY, ~-~CIE~A S~D~SION,
~ICH ~ IS CO~IGUOUS ~ E~STIN~ M~CIPAL L~ITS OF
SAID CI~ ~DE~NG T~ BOWERIES OF ~ C~Y TO IN-
~E SAID ~ PRO~DING FOR-~ RIG, S A~ OBLIGATIONS
OF SAID ~ ~' PR~DI~ FOR ~ ZONI~ ~OF.
~S, RI~ E. P~ING~and JA~ K. FL~IN~ (his wife) are
the fee s~mple o~ers of-the property-hereinafter described, and
~AS, RI~ E. ~ and JA~ K. FL~i~ (his w~fe}, by
their pet~tion, have uonsen6ed and g~ven permission for the anne~-
t~on of sa~ p~p~rty by .the City Of-Del=ay B6ach~ and
~AS, ~e City of De,ray ~ach has heretofore ~en authOr-
ized to annex lan~s ~n accordance wi~ ~ct~on 185.1 of ~e C~ty ~ar-
tar of said City granted to ~t by the S~te of Flor~da~
OF DE~Y B~CH, F~IDA, AS"FOL~WS=
SE~ION 1. ~at ~e City Council of the C~ty of DeIray ~ach,
Palm Beach Co~ty, Florida. hereby annexes to sa~ C~ty~e fo11~ng
descr~be~ traut of land located in Palm Beach County, Flo=ida, which_
l~es contiguous to sai~ C~ty, to-wit=
~t tract of lan~, namely ~ts 1, 2 and 3, Block E
less the r~ght-of-~y of ~e~eral High~y,
Subdivision, ~r Plat Book 15, Page ~'6., P~liu
of P~lm Beach County, Florida.
.S~ION.2. ~at the ~dar~es of ~e'C~ty of ~lray Beach,
~lorida, a=e hereby redefine~ eo as to include ~erein ~e above de-
scribed tra~o~ land and sai~ land ~s ~her~by 'deClared ~ ~ within
~e co=po=a~ l~mits of the city of ~De~raY B~ch,
SECTION 3._ ~at ~e tract of lan~ hereinabove ~esoribe~ is
he=shy declared to be ~n 'Zo~,g D~Str~ct C~2, ae def'~ned
ordinances of '~e~City of' ~lrayBeach, Florida. ~ ~ >
SE~ON 4. ~at ~e lan~ herefnaboVe ~eecr'f~ shall
ately become Subject to ~all o~ the frahCh~Ses, 9r~v~legeS,
debts, obligations, liabilities, or6inances and laws to ~c~' lands
~e City of Delray Bea~ a=e now or may be., and persons residing ~are-
on shall be deemed Citizens of'~..C~tY '~f Delray ~ach.
~E~ION. 5~ That ii'any ~rd, phrase~ ~lause, sentence or part
of this ordinance shall be declare~ ~1~e~1 bya dourt
j~is~iction, such record of illegality shall ~n no ~y a~ect the
PASSED tn regular session on the sec~ an~ fill rea~tng on
the 13th ~ay of De0em%e~, 196~.
MAYOR
A~EST =
C~ty Cle=k
~0~ First Rea~ing NRv. ~,~1965 _. 8~C0nd