01-13-64 189
JANI'~RY 13, 1964.
A regular meeting of the City Council of Delray Beach wa~ ~d
in the Council Chambers at 8='00 P.M., with Mayor Al. C. Avery ~ ~he
Cha~ City Attorney John Ross AdamS, City
~ Manager Robert J. ~911and,
and~.uncilmen ~mory J. Barrow, J. LeRoy Croft, Jack L. Saund~rS,
and:~°rge T. lbot, Jr., being present.
1. A~ opening prayer was delivered by the Rev. Duane W.
2. ~e Council minutes of the organizational meeting of January
6th a~ special meeting of January 8th,. 1964 ware ~nanimously ~PProved
on-'img~{°n by Mr. Barrow and seconded by Mr. Croft.
3. .~;$. Madelon Tengbergen of 921 S. E. 2nd Avenue informed ~he
Co~n~ that the alley she had improved at her expense to serv~ a
reRg~unit on the rear of her property had been torn up last ~9~
du~i~g sewer line construction and had not as yet been replaced~'
Further, that she had made five trips to the City Hall concerni~g the
alley being replaced as it had. been, with no results to date, and
that she was expecting tenants for said rental unit early in February
and asked the Council if something could be done about it.
Following discussion, Mr. Talbot moved that this item be referred
to the City Manager with directions that immediate action be taken
by the responsible party and that a' report of this item be made to
Council at the next meeting, the motion being seconded by Mr. Barrow
and unanimous!y carried.
3. City Clerk Worthing read the following letter from Attorney John
Moore, dated January 13, 1964~
"In the ordinance annexing property owned by Rob E. Corporation
and Robert L. Moore, Jr., and Edith C. Moore, his wife, a
provision was made for a 25 foot right-of-way to be deeded to
the City, with the provision (in Section 6.) that on-street
parking would be allowed along the North 7 feet of the road-
way, thereby leaving 18 feet for traffic.
The owners propose only off-street parking and would further
like to pave 20 feet of the 25 ft. right-of-way, using the
additional 5 feet for beautification."
Attorney Moore said there was no specified width of paving in
the Ordinance and asked if the paving of 20 feet of the 25 feet right-
of-waywould be agreeable~ During discussion Attorney Moore pointed
out that this roadway touched no other property than that of the
Moore's and Rob-E Corp. and the proposed plan would make a two foot
strip South of the roadway and a five foot strip of the roadway for
beautification. During further discussion, Mr. Talbot and Mr. Barrow
said that since this item was only presented tonight, they felt there
should be sufficient time to study same before making a decision and
would be willing to attend a special meeting, if necessary, to expedite
the matter. Mr. Saunders moved that this item be brought up at the
next Council meeting, either special Or regular, the motion being
seconded by Mr. Barrow and unanimously carried.
4. City Clerk Worthing read the following Beautification Committee
Meeting minutes of January 9, 1964~
"Members present were: Bud Merritt, Glady$ Little, Peg Bowen,
Ken Ellingsworth, Wade Cartee, Clarence Galinat, Stuart Lankton
and J. B. Smith.
1-13-64
I90'
"Upon a. motion made by Mrs. Little, seconded by Mr. Galinat~'~
it was agreed that a new Council member to replace Emory
Barrow on this Committee, be left to the discretion of the
City Council.
Mr. Galinat made a motion, seconded by Peg BoWen, that the
City Engineer in drawing plans for paY'lng the new 'parking
lots recently acqufre~ by the City, provide areas for the
planting of the official city tree. Motion carri~d~
The Civic Beautification Committee plans to cooperate with
the-City 'Garden Clubs on Friday, January l?th (Arbor Day),
in promoting the'newly adopted official tree, the Adonidia
Palm.
The next meeting of the Civic Beautification Committee will
be held February 6th.
There bein~ no further business, the meeting was adjourned."
Mayor Avery announced that it was the desire of the Council that
one of their members serve as a member of the Beautification Committee,
and appointed Councilman J. LeRoy Croft as a member of the Beautifi-
cation Committee.
4.a. A roll call showed the following Civic Organizations and repre-
sentatives to be inattendance:
League of Women Voters Mrs. Frank Carey
Chamber of Commerce Mr. Kenneth Ellingsworth
Jaycees Mr. Charles Gwynn
Business & Professional Womens
Club & BeaCh Taxpayers League Miss Dorothea Galvin
Breezy Ridge Estates Mr. John Sword
Tropic Isle Civic Association Mr. John Halstead
~lanning/Zoning Board Col. Andrew L. Fabens
5. City Clerk Worthing read the following letter from Sherman
Williams PoSt No. 188, American Legion, dated January 13, 1964:
"The Sherman William Post number 188 wish'to humbly~.thank
you for permitting us to use the park during our a~nual
festival. Our net profit this year was $830.01 which was
enough to pay installments to next November. We hope to
complete our present indebtness next year."
5. Mayor Avery invited Mr. Charles GwFano President ~ the Delray
Beach Chamber of Commerce to come to the ~ophone &s h~ had a
Proclamation of interest to read at this tim§ as follows:
"WHEREAS, the civic bodies and service organizations of our
community and the departments of the loca-1 g~vernment recognize
the great service rendered to th'is community by the DELRAY
BEACH JUNIOR CHAMBER OF COMMERCE,
WHEREAS,' the United States Ju4~or Chamber of Commerce and
its affiliated state and local organ~zations have set aside
the week of January 19 thru 25, 1964 to observe the founding
of the JUNIOR CHAMBER OF COMMERCE, and
~HEREAS, this organizationof young men has contributed
materially to the betterment of this community throughout
the year,
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191
"THEREFOI~E, I, AL. C..AVERY, Mayor of the-City of Delray
Beach, Florida0 do hereby proclaim the week of January 19-25,
'1964 as JAYC~ WEEK and urge all citizens of our community
~ivefull ~onsideration to the future services of the Ju~o=
~amber of Commerce."
During comments Mr. Gwynn said the-Delray Beach Junior Chamber
of ~erce was formed in .1946 an~ that.the number one project
thg"U~'~ted States Jaycees is community, development which cove~s
wi~ ~nge of projects. Mr, Gwynn thanked the Council and va~l~s
Ci~ departments for their cooperation and assistance in. the v~ious
pr~e~ts the Jaycees have undertaken, some of these projects CO i~cted
du=~':~the last year being, Junior C~lf Tournament, Seat' Belt~
Sa~, 8th District Bowling Zournament, Oia~etio Detectio"
an~?'~istmas Toy Repair and distribution. Further, that thei:~ ~ee
weiki~uld be starte~ off with .one of the most important and
w0
wh~e,-~rojects of the year, "sabin on Sunday" which is a Sabi~al
oti~!:~:~ccine and that this project is in con~unction with th~t~gnty
Me~i Society. Mr. ~wynn urge~ everyoneto watch the newsp~rand
listen ..to the radio for times and stations where this would, be con-
ducted, and announced that it would be conducte~ at the Delray Drive-
In ~heater, the SpRay Elementary School, Carver High School and Hagen
Ranch Road School, starting at 12 noon on Sunday, January 19th, for
the first dose, and the time and places for the other ~wo doses would
be announced later. It was also announced that a ~onation of
would be asked for the polio vaccine, but that no one would be refused.
Zt was announced that Councilman Jack ~. Saunders was a Charter
member of the Delray Jaycees.
5.a. Mr. Talbot informed the Council that he had been advised by Mr.
Kenneth Ellingsworth, Manager of the Chamber of Commerce, that there
would be a Seminar in Coastal ~rotection held in Deerfield Beach on
January l?th and lath, that he ex~ects to attend and has. been informed
that several members of the Chamber of Commerce plan to attend.~ Mr.
Talbot moved that the City Counci! instruct the City Manager to have
some ~ualified person attend all the sessions of this Seminar and be
in a position to give the Council a complete report, the motion being
seconded by Mr. Barrow.
It was announced this Seminar was open to the public and would
be held. at the City Hall in Deerfield Beach starting at ~:00 A.M.,
Friday, January 1?th.
Mayor Avery asked that Mr. E11ingsworth notify Mr, Herbert Moffitt
of South Ocean Boulevard and Mr. Forrest Lattner of North ocean Boule-
vard of this Seminar as they are very much interested in the ~roblem
of beach erosion.
Upon call of roll that the City Manager have someone attend said
Seminar and report to the Council, the motion carried unanimously.
5.a. Mr. Talbot said that from newspaper articles he understands the
County is c~nsidering issuing permits for groins in Gulfstream and in
the County, and~that he also understands that it is generally conceded
that the be&ch erodes south of where groins are established. Further,
that he is much i~terested in what this may do to the Delray beach,
and moved that the City Manager be instructed to follow through on
the negotiations of the County Commission a~d if possible someone fro~
Delray Beach take part in the discussions, that the Council may know
What is going on, the motion being seconded by Mr. Barrow and unan-
imously carrie~.
Mr. Avery reminded the Council that the County Engineer in a
meeting with t~9.Coun~il ~uring. this past ~ar had said he,only issued
permits for groins ~0 bulkheads in cooperS!on with the,-uities.
-3- 1-13-64
S.s. Mr. Talbot asked if there was some type of report being dra~et~"
on the status of the water situation in T~opiu Palms Su~tvtsion.
City Attorney Adams informed the Council there would be a report on
that item later in the meeting.
S.s. Mr. Talbot asked if there was to .be a report on the recent con-
ference held in.Tampa regarding finger canals, which conference was
attended by City Attorney Adams. Mayor Avery._asked if there could
also be a report from the Committee that had been appointed concerning
the maintenance of finger canals, and City Manager Holland informed
the Council that the reports would be made.
5.a. Mr. Talbot said he had been asked by several citizens, if an
appropriate plaque for tdenttft~stion was being prepared for the PAUL
KNOWLES PARK that was recently de~icated to Mr. KnoWles by Resolution
No. !464, to which City Manager Holland replied that he had no in-
structions concerning same. Mr. Talbot moved that the City Manager
he instructed to report to Council as to how this should be bandied
and completed also the cost to be involved. The motion was seconded
by Mr. Saunders and carried unanimously.
5.a. Mayor Avery relinquished the gaveI to Vice-Mayor Croft and moved
that the City Manager be instructed to schedule a conference with the
Council and Mr. Frank Osteen and the water filtration experts of
Russell & Axon at the earliest convenience for the purpo~ of ex~
ploring, the possibility~of the building of a water filtration plant.
The motion was seconded by Mr. BarrOw and Carried unanimously.
6.a. C~ty Clerk Worthing informed the Council that the owners/operator£
of the Kentucky House, located at 701 East Atlantic Avenue, had peti-
tioned for a beer and.wine license to dispense same in conjunction
with the dining room service within the Kentucky House. Further, thst
the applicants had been investigated i~ the usual manner and approved,
and that the property involved otherwise qualified for such permit
and that it was recommended that approval for such license be granted.
Mr. Barrow moved that the license be granted,-the motion being se-
conded by Mr. Talbot and unanimously carrie~.
6.b. Concerning proposed Change Order No. i of the Harry Pepper Com-
pany regarding eleotrical work, City Clerk Worthing informed the
Council that said proposed Change Order No. I prov. ides. for amending
said contract by adding undeFground electrical services to Lift
Statior~s No. 9, 15, 16, 17 and 18, and that the purpose of this pro-
posed change is .to conform with deed restrictions and to eliminate
above ground electrical structures that are not consistent with the
general structures in the areas affected. Further, that the added
cost of providing for these proposed changes, as re. commended by the
City's consulting engineers, Russell & Axon,is $3,580,80,
Mr. Barrow said he would like for the City Attorney ko interpret
for ham what "Ommissions & Errors" means in a Contract.
City Attorney Adams. said he did not think the deed restrictions
mentioned &pplied -to the City, that the City could build power
lines above ground if they wished to, and. that it is his understanding
this is s move on the part Of the Council to conform to the general
surroundings on those certain areas. During discussion, former Council.
man Woodardinformed the Council that this proposed Change Order was
a result of the effort on the part of the City to cooperate with the
local residents of those areas where the~derground lift stations are
being installed.
Following lengthy discussion concerning deed restrictions, lo-
cations of the lift stations involved, where the money would be ob-
tained to cover the $3,580.80 additional expense, etc., Mr. Talbot
moved that Change Order No. 1 be approved, the motion being seconde~
by Mr. Croft.
-4- 1-13-64
Mr. Woodard explained that the original' bond funds were far in
excess of the Contracts which left sufficientsurplus funds tq ~ver
expenses that are brought to-the Council in different
';:"i ~' Charles Senior referred to certain deed restrictions r~uir-
in~ ]erground installation of electrical services East of S~ Road
A!~ ~t it was brought out that none of the lift stations
we~ ,cared in that area. ,
*:~ii '. ~albot explained that these lift s~ations were cons~qP~Od
in~! ~et rights-of-way and that it would lock much bettor"to ~W~
th .... !erground wiring, but that he would abstain from voting ~the '
w~ of hift Station No. 18 which was in the vicinity of h~art- '
Upon call of ro11~ the motion carried unanimously wit~
abstaining from voting concerning~Lift Station No.
vi( stated.. ' '- ' ~ '-
of Change Order No. I for the Harry gepper' =ompany
att~ to and made a part of the official copy of these minstrel)(See
.... ' Pages 20~:!~nd 204-B)
6.c. 'Concerning proposed Change Order No. 4 of Barbarossa & Sons, Inc~,
regarding the paving of streets, City Clerk Worthing ~nformed the
Council that said change order provide~ for amending said contract by
adding the item of asphalt to pave over the undisturbed portions of
the streets that have to be repaired due to the installation of
sanitary sewers. 'Further, that this change applies only to'those'
streets that have been disturbed by the installation of sanitary sewer£
and the limerock base installed even with the existing pavement, and
that this proposed change order will result in an addit~onal ~ost'to
sai~ contract of $2,655.00 and has been determined to be reasonable
by the consulting Engineers, Russell & Axon, as stated in their letter
of January 8, 1964.
Mayor Avery asked former CoUncilman Woo~ard to explain this Chang~
Order which he did as follows: "Gentlemen, you will recall that a
previous Change Order which was for pavement replacement, the fun~s
for which have expired, was originally about $7.00 per ton.' This
price per ton was originally quoted with the stipulation that at t~at
time all of the streets in'the'City which were torn up as a result of
the sewer'programwould be repaved. The CounCil changed its m/nd,
consequently you will note in here that these 295 tons included in
this Change Order are at $9.00 per ton. This asphalt surfacing is
scheduled for N. E. 16th Street, Bonnie'Briar Lane,' Heather Lane,
Highland Lane, N. E. 14th Street, Lake Court and N. E. 6th Street.
.When I discovered that these were the streets which were to be includ-
ed in this Change Order, this brings up a second problem, so_actually
on this Change Order No. 4, there are two decisions which the'Council
wi'11 have to make. Naturally, we have to have the asphatt to pave
the streets'but the question here is at what point should this aspha'It
be put do~n, because the streets which I have just mentioned are
streets whichstill contain sbme of the concrete manholes which'is
the matter that was so controversial previously. The Council in-
structed RUssell'& AXon,' and Russell & Axon instructed the engineers
to begi~ removal of these concrete manholes ~hich they have done. I
can~ tell you exactly how many concrete manholes are in ~he ground
today. It'is somewhere between eighteen and twenty-four, however, on
these'streets there are ten concrete manholes in'the ground, so it
would be necessary for you to determine two things. No.-1. Are you
going to 1cave the'cOncrete manholes or do you wish to have the con-
crete manholes replaced? No~ 2. If and when you decide to pass this
Change Or,er, you would: need to instruct' %he engineers to either wait
until after the manholes are removed or to go ahead and put it in,
whichever is YOur de,ire."
Mr. Barrow asked if themanholes in question were poured~in-place
or precast, 'and Mr.. Carl H~w&r~,the resident engineer for Russell &
Axon,~d to the ~eSt of his kaowledge]based on the info~mati~n he
fOun~' ~n the o'ffice,that there are six of the poured-in-place manholes
in g~iS particular area. -5- 1-13-64
:I94
Mr. Talbot asked if the streets in question were passable now,
to which Mr. Woodsrd 'answered as follows: "They are passable but not
in the sha~p~."..they should be. 'Sometime ago some action should, have
been taken on these streets. The action hasnot been taken simply
because this manhole controversy has notbeen discussed by this Coun-
cil. We should take some specific action on.this and the sooner the
better. It ~eally is desirable that you take some action on the
remainder of ~these concrete manholes that are.in th% ground so that
we can get in there and put the pavement.down on these streets.".
Mayo= Avery ~sked. if any of these manholes wereprecast concrete
manholes, to which Mr. Howard replied'that to the best of his knowledge
they were all cast at the job site.
Mr. Barrow said that Mr. Woodard had made the statement that
there had been no action taken on the questionable manholes and that
he was under the impression that action had been taken ordering all
of them to be removed. Mr. Woodard commented: "If Isaid that I
mis-spo~e. We havewithheld --- the City Administration I should say.
The City Administration has withheld pushing the engineers on this
specific problem here until it could be presented to this Council."
Mr. Barrow said that the previous Council had authorized all
those manhoIes'to be removed and to this date there had been no change
in that action.
Mr. Woodard answered= "That is correct. My position in that
matter, I think is quite clear, however, Ifm not recommending anything
in regard to this. ! am only presenting the problem to you."
Mayor Avery commented as ~ollows: "This is a different Council.
It seems that its action on this Council one way or the Other is in-
dicated. You have a choice first before youmove into the street
thing whether ~ou want these manholes to remain in place, certainly
at no'cost to the City, or do you want the concrete manholes'removed?
I think that you should question the engineer as'to whether these
existing manholes fit into the design concept of the sewage system and
if it measures up to the designed life of the sewage system. I think
those are two questions that should, be answered and with yourpermission
the Chair will ask the resident engineer to answer those two questions.
The first question is~ are these concrete manholes in the ground com-
patible with the design concept of the' sewage system?" Mr. Carl
Howard answered: "Very d~finitely so.-" Mayor Avery continued': "The
second question is: do they comply with the deslg~led life of this ---
when I say comply I mean maintenance --'is it compatible withthe
designed life of the rest of the sewage system?" Mr. Howard answere~:.
"Yes, Sir."
Mayor Avery then said there was a decision to make and he would
entertain a mo~ion whether to allow .the concrete manholes to remain
in place or not, at no expense to the City.
Mr. Barrow commented and moved as fol!l~s: .Originally we had
a big credit coming. I will make a mo~ion tha~~ it be tabled for
further study."
Mr. Talbot seconded the motion with the understanding that the
Council have a conference with Mr. Frank OS~en to get the benefit of
his opinion on this at the earliest possible date. Mr. Barrow ac-
.cepted the addition to the motiOn made by Mr. Talbot in seconding
same, and upon call cftc11, the motion carried unanimously.
6.d. Concerning proposed Change order No.'5, Barbarossa & Sons, Inc.,
regardi'ng the raising of' manholes, City Clerk Worthing informed the
Council that said change order provides for raising 18 manholes to
the finished street elevation, which work becomes necessary due to
an additional course of asphalt being laid on the existing street.
Further, that this change order has been recommended by Consulting
Engineers, Russell & Axon, and the cost thereforhas been determined
to be$450.00.
~r. Woodard explained as follows conCerning said proposed Change
Order .No. 5: "You gentlemen will recall that at one.point we decided
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195
'!that it would be' less expensive for the .City to leave 8 inches of
compacted materials in-'these cuts rather than toremove one inch.
T~ 28 manholes, consequently, had to be elevated one inch ~O
a~ ,W~.odate the.asphalt which went over the top of these cuts~ ~he
C~' ' '=han~ed its mind t~o times, ~t one ~ime we decided that ~would
a~' ~ot to resurface ail of the streets as a result o~ .t~e se~e~'funds
~! ~ changed our minds and decided Wewouldn't and we went'b~ and
apl ~d we would. This is actually an expense that the City
s9 i~o as a result of changing its mind ',two times and it wa~'~t our
i~ ~ctions that these manholes had to be elevated."
~: '~Mr. Talbot moVed that Change Order No. 5 be allowed, the .mo~ion
be~g~seconded by Mr. Barrow and unanimously carried
~'/~ ~':(CoPy of Change order No. S, Barberossa & Sons,~Inc., is 9~tached
te ~ndrmade a part of the official copy of these minutes.) ('See Pages
:': ::' 204-0 and 204-D)
6.~, Concerning proposed Change Order No. 6, Bar~arossa & $o~s, ~nc.,
r~gar~ing stabilization, City Clerk Worthing informed the Co.~?i~
t~.~$1this change order submitted by the Consulting Engineers
a~e~ reasonable in cost by their design section, is a requeJ~ to
amend the original contract by adding items to pr, vide for stabiliz-
ation by the use of shell rock or grass seeding, where directed, this
being necessary to provide proper parkages where traffic has disturbed
the existing rights-of-way~ to a condition equal to or better than
existed prior to construction, these areas being off pavement in
swales.
Mr. Woodard explained that the cost involved would be .27%¢ per
square yard for 2000 yards of shell rock for stabilization and .12~¢
per square yard for 5000 yards of seeding, further, that.this.has been
a problem for some time and the-Council had been _unable to determine
in what manner these off-street parking areas would be taken care of,
and said proposed Change Order No. 6 reflects the engineers' recommend-
ations.
City Clerk Worthing read the following letter from Dr, Paul E.
Demick,-to City Manager Holland, dated January 7, .1964=
"A few weeks ago I purchased the duplex at 214 N. E. llth
St. TWice in the past month ! have talked to Mr. Switzer
of Russell and Axon concerning the 18Ode sand in front of
this duplex. Two eld.erly couples are living in the duplex
and thus far, 3 cars'have been stuck in the sand. It is
my understanding that this loose sand is supposed to have
been packed down after laying, of the sewers, but I have
been unable to get any satisfaction from RusselI and Axon.
I hope you will be able to do something about this situation
so that these people can park in.front of this duplex without
difficulty.
Thank yoU."
Mayor~'Avery asked City Man~ge~,Holland if Cha~ge Order No. 6
would solve the problem concerning the off-street parkages, to which
the City Manager 'answered that it would.
Mr. Talbot asked concerning theamount of money involved and Mr.
Woodard'said it wes $1,175.'00. Mr. Talbot further asked if that took
care of the whole City. and Mr. Woodard said that amount of money would
pay for 2000 yards of shell rock and 5000 yards of permanent grasses,
seeding, e~c.
City Manager Holland commented as follows: "There will.be more
after.April. This will solve the temporary problem. That is merely
an estimate', as close as we can get to it."
Mr. Barrow then questioned the portion of the specifications that
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stated thestreets, etc. that ware torn Up WOuld be replaced in as
good .conditiOn oF better, as a result of sewer construction.
City Sngineer~leming commented as follows: "That is a little
technical~'to, answer. There were weeds and a11 kinds of grass and
various growth in certain park~ng areas i~unediately off of the paved
area. There were enough roots in those' weeds to"probably carry an
occasional, automobile to park oh"it..A'contractor,, to my know!edge,
has never been h~ld to producing a stabilized shoulder, that is one
that will support a parked vehicle other than when it was specified
in the specifications. If you say it is returned to the same con-
dition that Xt was originally found i~, you mean he puts back 'the
same material ar~ in time these weeds wi1! grow just as they were
before, but unless it iS so specified in the specifications, you can't
expect him to immediately replace it with the weeds, etc., so that what
we have done £s get two different prices. That may sound technical,
but it is not. That is as truthful an explanation as.I can give you.
There are two different prices we had to get.' One is the placement
of some'k~nd of growth in there~ which Xs your lower price. The other
is the stabilization which is a four inch depth stabilization, with
some kind of a stabilizing material, shell~rouk or some other t~fng
we can mix ih the sand and stabilize it so it will immediately carry
the weight of an automobile~"
M~. Barrow ss~d that answered his question as to why it was not
put back equal to o~ better than it had been, but it did not answer
his question as to who ia supposed to do that work.
Mr. Woodard eaplained= "That gets back to being a matter of
convenience and courtesy'to the local area residents. In the meantime,
while we could wait for some of these grounds to cover again, it is a
convenience to them and a courtesy to them. They can utilize the
~areas ~once again."
.Mr. Talbot moved that Change Order No. 6, in view of the expla-
nation given by Mr. Woodard, be allowed. The motion was seconded by
Mr. Croft and carried unanimously, Mr. Barrow qualifying his vote as
due to the clarifiuation'by~Mr. Woodard.
(Copy of Change Order No. 6, Barbarossa & Sons, Inc., ia attached to
and made a part of the official copy of these minutes.) (See Pages
204-E and 204-F)
6.f. Concerning proposed Change Order No. 2, Harry Pepper Company,
to provide for installation of single phase motors, City Clerk
worthing reported that Russell & Axo~, the City's Consulting Engi-
neers on the sewage Works Project, r~'Commend tha~ 2 h.p., one phase
electric motors be installed in Ltft'St=at~ons No. ~and No. 15 instead
of the 2 h.p., three phase as orig£nally speoified ~ the contract.
Further, this recommendation followed many discus$~O~s between Council.
City Engineer.Fleming, the Consulting Engineers, end the Florida Power
& Light Company, and the Council at the regular mSeting of December
23rd, 1963, deferred action until this meeting on thi'S proposed Change
Order, which reflects an added cost of $634.18.
At the request of Mr. Barrow, Mr. Charles .Senior of Florida Power
& Light Company commented on the conferences held and the change of
electric current to some of the lift stations, and City Engineer
Fleming'expla~ned as followS: "There were these four lift stations.
Mr. Senior agreed to permit the three phase to be installed in two of
the stations and the City compromised that they would accept single
phase in the'other two stations. 'Our quarrel now, if any, is not with
Mr. Senior. It may be with Russell & Axon as to why we have to spend
$634.18 to have these three phase motors reordered to single phase
motors. The City may have a quarrel with Russell & Axon on that and
I think that can be settled after passing this Change Order which is
necessary now to the continuation of the job. ! would suggest you
pass the Change Order and then take it up with Russell & Axon, as they
have insurance." It was so moved by Mr. Barrow.
City Attorney Adam's commented as follows: "When you are approv-
ing his suggestion, which I 'think is very good and which is distin-
guishable from the underground an~ overground t~tng. The underground
-8- 1-13-64
197
thing would have been an expense whether it had been.put in the plans
or not, but here this would-no~ have been an expense. When you
pass~Dg this, with Mr. Fleming's understanding that you just ~p~Fove
th~ C~ange Order subject to the condition that this amount w~l be.
de~,~ted from Russell & Axon's next Consulting Engineering ch~i
th~ you leave .it up to Russell & Axon to come back at the end
t~'~0b or sometime and show that they weren't wrong." It was ~o
m~pd.by Mr. Barrow. The motion was seconded by Mr. Croft and ~arried
un~i~ously. .
(CPp~ of Change Order No. 2, Harry Pepper Company, is attache~ ~o and
made-ia part.of the official copy Of theseminutes.) (See
";' and 204-H)
7~. Concerning consideration of requests for a Community Me~oFial
to:~atherine E. Strong, City Clerk Worthing read two letters t~t had
ba~ ~eceived by Mayor Avery from C. Spencer Pompey end Mrs.
B~i~n, both suggesting that the new westside Community cen~e~ be
ded~g~ted in her memory.
'~.':ii'..~r. Barrow said he was in accord with the thoughts expre~ in
thetwo letters just read, but felt the Bethesda Hospital woU~:~lso
be'pianning some memorial for Mrs. Strong. Mr. Barrow suggested that
a committee be appointed to work with the ~ospital Board and the
Hospital ASSociation and a decision be made for a proper memorial.
Mr. Talbot said he was in agreement with Mr. Barrow and suggested
that the committee also work with the family of Mrs. Strong for a
proper memorial.
Other Council members were in agreement with the Suggestions, and
Mr. Barrow moved that Mayor Avery appoint a committee to work with the
Hospital Board, the Hospital Association and the Community Relations
Committee in naming a proper memorial forM rs. strong. The motion was
seconded by Mr. Talbot and carried unanimously.
Mr. Avery then appointed said committee with ~ice-Mayor ~eRoy
Croft as Chairman, Emory Barrow and Mrs. G. Moore Lapham, provided
Mrs. Lapham is willing to serve. Mayor Avery then authorizedMr.
Croft as .Chairman to appoint anyone else to said Committee that he
deemed necessary to the successful performance of the mission.
Miss Dorothea Galvin suggested that the action of the Counci~L
tonight on'this subject be made known to Mr. Pompey and Mrs.
and Mayor Avery requested City Manager Holland to take care of ~.
7.b. Concerning s request from Barbarossa & Sons, Inc. for reta~e
reduction, City Clerk Worthing read the following letter, dated
January 3, 1964~
"The Barbarossa & Sons, Inc., has requested that the 10%
retatnage withheld on each monthly request for paNt/al payment
be reduced to 5%.
The above request is based on paragraph 7, Payments to the
Contractor, page GC-14, General Conditions of the COnstruction
Contract, a part of which is cited'...upon satisfactory com-
pletion of 50% of the contract price of SectiOns I, II, III' &
IV, She owner may elect to reduce said retainage to 5%.'
Based on the above, it is recommended that the request 'of the
Barbarossa & Sons, Inc., of reducing their retainage to 5% be
approved."
Mayor Avery asked-City Attorney Adams if it' was the City's opt/on
that they may or may not ~reduce said retainage to 5%, to which Attorney
Adams said that was his opinion.
City Manager Holland said that after receiving, the .opinion of
the City Attorney he would object to the reduction 9f the retainage as
he felt that Barbarossa & Sons, Inc. have not performed satisfactory
results on fifty percent of their contract.
-9- 1-13-64
Mr. Talbot, on advice O~ the City Manager, moved to maintain the
10% retainage, ~he motion being seconded bye. Barr~ and ~an~u~ly
8.a. City Clerk ~r~ing 'gresentea O~I~E NO. ~-4~5
AN O~I~NCE OF ~ CI~ CO~CIL OF T~ CITY
OF DE~Y B~CH cER~zN' ~S ~TED IN SE~ZON
21, TO,SHIP 46 SO~, ~NGE 43 ~ST,
A~ CO~IGUOUS TO ~ISTI~ ~ICIPAL L~ITS OF
~ INCL~E ~ID ~B~ PRO~DING ~R T~ RIG, S A~
O~I~TIONS 6F ~ID ~S~ A~ PRO~DI~ FOR
ZONING ~OF. (9 Acres Southpo~nt ShOpping Center)
(Copy of ~d~nance No. G-495 ~s attached to and ma~e a part of ~e
official uopY o~ ~ese'minutes.) (See Pa~es ~0~-I ~nd ~0~-~)
~ere being no objections to ~dinance No. G-495, said Ordinance
was unani~usly ~esed and adopt~ on seco~ a~d final reading on
motion by ~. Saunders and .seconded by ~. Barrow.
8.b. ~e City Clerk presented O~I~NCS NO. G-510.
AN O~NCE OF ~_. CITY CO~CIL OF ~ CI~
OF DE~Y B~, P~RI~, ~ZONING A~ P~CING
~TS 23, 24 and.25, McG~Y'A~ GOS~N S~-
DI~SlON, DEL~Y B~, P~RI~, IN "R-3 ~LTI-
P~ FAMILY D~LLI~ "DISTRICT", A~
"ZONI~ ~P OF DEL~Y B~, F~IDA, 1960".
(Copy of Ordinance No. G-510 is attached~~to and made a part of the
official copy of ~ese minu~es.} (See P~e 20~-L)
Following discussion, and ~ere being no objections to Ordinance
No. G-510, said Ordinance ~s unanimously passed-and adopted on second
and finaI reading on motion by ~. Croft and seconded by ~. Barrow.
8.c. The City Clerk presented O~I~NCE NO. G-520,
AN O~I~NCE OP ~ CI~ ~IL OF
OF DE~Y B~, P~RI~, ~ZONiNG A~ P~C-
lNG L~S 18, 19 20, '21, 22, 26 and 27, Mc-
. GIN~Y.A~ ~S~N SU~I~SION, DE~Y
F~RIDA, IN "R-3 ~TIP~ FAMILY ~LLING
DISTRI~", A~ AMR~ING "ZONING ~P OF DE~Y
B~, ~RIDA, 1960".
(Copy of. Ordinance No. G-520 Is attached to and made a part of the
o~f~cial copy of %hese minUtes.) (See~ Page
Foll~ng dlscusslon, and there belng no objections to Ordinance
No. G-520, sa~d Ordinance ~s unanimously ~sed and adopted on second
and final reading on ~tt~~ by ~ S~ders and s~conded by ~. Croft.
8.d. C~ty Clerk Worth~ng presented O~INANCE NO. G-521.
AN O~INANCE OF ~ CITY CO~CIL OF ~E CITY
· F DEL~Y B~CH, FLORID~ ~ZONING A~ ~P~CING
~S B, C and D, ~OPIC PA~S, ~T ONE, DE~Y
B~CH, FLORIDA, IN "R-~ S~G~ F~ILY D~ING
DISTRICT" ~ A~ A~ING "ZONING' ~P OF DEL~Y
B~, FLORIDA, 1960".
-10- 1-13-64
(Copy .of Ordinance .No. G-521 is attached to and made a part of the
official copy of these minutes.) (See ~age 20~'K)
~uring discussion it was brought out that residences wer~ b,~_ilt
on ~o~mercially zoned property end the individual own~ er,s now
tha~ the property be zoned residential.
.~ayor Avery referred to a letter from Mr. John Halstead, Q~py of
wh$~h~/{had been forwarded to each member of the Council with'~t~, eir
Ag~nd&, in which letter Mr, Halstead, a property, owner in the V$,Cinity
o~V~S B, C and D, Tropic Palms, objected to the rezoning of tbs
pr0~ty as set forth in Ordinance N~. G-521. '
'~ ~Also ·during discussion, Mr. Croft asked if there had been ob-
ject~0ns at the Planning Board Public Hearing and what the re~0m.-
men,~9~ion of the Planning Board was, to which' Zoning Director Ra%ph
H~0n answered that Mr. Halstead had objected 'to said rezoain~ at
the time of the hearing, and that the Planning/Zoning Board, by a
majpF.~ty vo~e, had recommended that the request be granted,
'",?'~dinance No. G-521 was Unanimously passed and adopted ob s. econd
and final reading on motion by Mr. Talbot and seconded by Mr. Barrow.
8.e. City Clerk Worthing presented oRDINANCE NO. G-522.
AN ORDINANCE OF TIt~ CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO ~ CITY
OF DELRAY BRACH CERTAIN LAND, NAMELY LOT 20,
LAIiE SHORE ESTATES,~ WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
DEFINING TH~ BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE ·RIGHTS AND OBLI-
gATIONS OF SAID LAND; AND PROVIDING FOR THE
ZONING THEREOF.
(Copy of Ordinance No. G-522 is attached to and made a part of the
official copy of these minutes.) (See, Page 20~-M) -
Ther® being 'no objection to Ordinance. No, G-522, said Ordina~,~,
was unanimously passed and. adopted on motion.,by Mr. Barrow and
seconded by Mr.. Croft.
8.f. The City Clerk presented ORDINANCE NO. G-523.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, CERTAIN LAND, NAMELY LOT 25, LAKE
SHORE ESTATES, WHICH LAND. IS CONTIGUOUS TO EX~
ISTING MUNICIPAL LIMITS-OF SAID CITY; RED~-FINING
THE BOUNDARIES OF.. SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND .OBLIGATIONS OF SAID
LAND; AND PROVIDING FOR THE ZONING THEREOF.
Ordinance No. G-S23 was unanimously placed on first reading on
motion by Mr, Talbot and seconded by Mr, Barrow.
9. Mayor Avery said there were several reports from the Planning/
Zoning Board which he felt required a. conference with said Board to
bring Council up to date on their thinking.
9.a. Concerning the Planning Board Report on the proposed rezoning of
Lots i thru 16, Nichols First Add,ition, Mayor Avery reviewed events
leading up to the said Public Hearing held by the Planning Board, and
informed 'the Council that he desired a conference with the Planning
Board before taking action on this ·report.
Zoning DireCtor H~ghson informed the Council tha~. the Planning/
Zoning Board had .an organizational meeting scheduled for tomorrow and
plans could be made for a Joint meeting with the Council on items they
desired to discuss. ~
Following disctlssion, Mr. Talbot moved that Item 9.a. on the
Agenda be.tabled subject to a conference with the Planning/Zoning
Board, the motion being seconded by Mr~ Barrow and u~animously carried.
9.b. City Clerk Wor~hing read the followi~g Planning/Z°ning Board
report dated January 6, 1964~
"The Planning Board held a pUblic hearing onlDecembe= 20, 1963,
as follows=
;Present at the meeting.were Chairman, JamesI. Sinks, K. Jacobsen
S. Lankton, J. Kabter, R. Hanna, A. Fabens and R. Hughson.
Request for Perndssive Use of-Lots 37, 38~and 39, Block 32 for
a new church. -~Nineteen property.owners were notified.
On a motion by Mx. Jacobsen, seconded by Mr. Lankton and
unanimously passed to recommend to Council that the request
be granted."
Zoning Director H~ghson exp!ained to the Council.that at 325-333
$. W. 5th Avenue there was an existing Church of the Living God that
was builtma~y yearsago veryclose to the street with no set-back.
Further, that it is their desire to demolish the old building and
builda new, and larger building, and that according'to their plans
there is ample grounds for said building and sufficient parking.
~ollowing discussion, Mr, Croft moved to sustain 'therecommend-
aries of the Planning/Zoning Board and grant said Permissive Use, the
motion being seconded by Mr. Saunders and unanimously carried,
9.c. Concerning the Planning/Zoning Board report on a publlc hearing
held on a request ,from Mr. Hasten Johnson for permissive use to
establ£sha nursery operationon ~ots 23, 24 and 25,.Block 40. Mr.
Barrow moved that this item be tabled until a conference could be held
concerning same with the Planning/Zoning Board. The motion was se-
conded by Mr. Croft and carried unanimously.
9.d. Concerning the Planning/Zoning Board report on the petition for
rezoning the maior portion of Block 60, MX. Barrow moved ~hat said
item be tabled for a conference concerning same with the Planning/
Zoning,Board, The ~motion was seconded by Mr. Talbot and unanimously
carried.
9.e. Concerning the Planning/Zoning Board reporton Council request
that they review a petition for a permit to se11,,aUtomobile trailers
in Delray Beach, Mr. Barrow moved that this item also be tabled ~n
order ~ha~ ~ conference maybe held wtththe PIanning/ZoningBoard
concerning same, further, third.when such conference ~s held that Mr.
E. B. Nichols be notified and be present, the motion being seconded
by Mr. Croft and unanimously carried.
Miss Dorothea Galvin informed the Council that she was oppOSed
to the establishment of trailer sales in Delray Beach and was assured
by Council that she would have an opportunity of making object~on~ at
a public hearing at the proper time.
10.X. City Manager Holland informed the~Council that he was in need of
two or possibly three additions1 men in the~ Garbage Department, on a
temporary baS~s, for approximately four and a half months, and that
funds were available~o cover same as it had been bud,geted for over-
time work,
-12- 1-13-64
201
-Following discussion, City Manager Holland's .request to hire
temporary employees in ~e Garbage Department was unanimous&y
p~o~ed on motion by Mr. Croft and seconded by Mr. Barrow.
lO.x. City Clerk Worthing reported to the Council as follows=
wou~d like to submit s report concerning Tropic Palms and water. The
C~t~ Council, in regular session on October 30th, 1963 direo~ the
adm~lstration to notify Mr. Wheelock, President of the Delr~Y ~each
~ities, Inc., that the Council considered his company in ~e~ult
u~r a oertain water Agreement dsted rune ~. 1~, which in~,ctio~s
were followed, citing to Mr. Wheelock the four violations of
Agreement. This is to inform you gentlemen that those four violations
have all bee~ corrected as of today. The four items were: ~h~ there
was a delinquent amount of money due= that they had failed to
various records sva~lable~ pertaining to reports and records which
were to have been filed in this building~ and making aveilab!~ ~heir
a~.ra~,qa! summary repqrt. All those reports are ~n the hands ofthe
D~¢tor of Financ®, Mr. Weber, and their delinquent accounts and all
accounts are now paid up to date."
Mayor Avery commented= "The Chair would like to ask the City
Attorney and City Manager a question pertaining to Tropic Palms. As'
you know, we have been having requests from the citizens down there.
They need help and need protection. What is this status?"
City Attorney Adams replied~ "I will concede the floor to the
Director of Finance in a minute with a couple of recommendations on
his part. As far as my instructions were, I was to immediately con-
tact the Utility management company 'and see that nobo~F~s water was
shut off for fsilure to pay a.water deposit. I did that and nobody's
water wes shut off. we had a meeting today and the problem is that
we are working with a contract between the City and Delray Utilities
and we can go so far under that'contract, and we can on}y go so far.
Hr. Weber has a couple of recommendations that 'you may want to con-
sider."
Finance Director Weber commented as follows: "These are re-
commendations suggested to the City Manager an~ -he in turn wishes ~o
suggest them to the Delray Beach Utilities Company. TheCity has a
policy that all new customers applying for water service must put up
a deposit guaranteeing payment of that water bill. In the-case of
a 3/4" meter, that deposit is $15.00. There are many cases, however,
in the City that prior to this increase to $15.00 the deposit was
$5.00. We have never come back and asked those people that have a
$5.00 deposit to increase it to $15.00 unless we were forced at some
time to turn water off for non-payment. If the water Was turned off
for no~-payment they were then requested to increase their deposit up
to $15.00 and then the water would be turned back on. There are many
houses and many customers of the City who have only a $5.00 deposit.
As a matter of fact, we even have customers who do not have a deposit
because many years ago there was never a deposit required and-we have
customers who have continued to pay regularly monthly bills without
putting up a deposit~ At such time as thesecustomers should become
delinquent, they would, of course,' be asked to pu~ up a deposit. We,
therefore, propose to Delray Beach Utilities that they follow the same
policy that we do as long as their current customers are paying their
water bills currently and are not in default of their bill or delin-
quent on their bill, that no deposit be asked of them. All new cus-
tomers or any people who are delinquent in their account, we would
suggest that they require deposits'just as the City doe's.
The City Manager also wishes to recommend that building permits
not be allowed for any residence in Tropic Palms until such time as
the water is available for them, in other words, if there is a water
main in front of the house."
Mayor Avery commented as follows: "We have two motions ind~cated
here. Do ! hear a motion that ~he Utility Company be not~fied of our
-13~. 1-13-64
"reqvest pertaining to water deposits as recommended by the City
Manager." M~. Talbot so moved, the motion being secondedby'Mr.
Barrow and unanimously carried.
Concerning the recommendation regarding building permits not
being issued.in Tropic ~alms, Mr,. Saunders said according to that
recommendation a person could .not install his own well and build a
house.
Following discussion, Mayor Avery asked that the City Attorney
phrase a proper motion concerning this item.
City ~ttorney Adams answered as follows~ "I think just a motion
that no building permit would be pe~mitted or issued in Tropic Palms
unless the property ov~er o2 builder can demonstrate to the City .that
there ia water available for consumption." Mr. Talbot so moved, the
motion being seconded by Mr, Barrow and unanimously carried.
10.x. City Clerk Worthing reported to Council as follows= "The pre-
ceding Council, on December 9th, was presented with a Committee re- --
port accompanied by two proposals of providi~_'a designed procedure
for establishment of a City Employees Retirement Plan. The Council
deferred action thereon until the first regular meeting in January
add Mr. Avery had asked Mr. Woodard if this item was deferred until
the first regular meeting in Januarywould he be kind enough to be
chairman of thecommittee and present the item to the Council at that
time, to which Mr. Woodard replied that he would be glad to serve the
next Council in any way it wished him to.
Omission of this item from tonight's agenda was in order to
rain clar~fication and deeire of this Council relative to appointment
of Mr. Woodard as chairman of such committee at this time, as it is
felt that the recently appointed Council member should have sufficient
time to review previous action on this matter and, if Council so
sires, this item will appear on the Agenda for the next regular
Council meeting."
It was so moved by Mr. Barrow, the motion being seconded by Mr.
Talbot and unanimously carried.
10.a. City Clerk Worthing presented Bills for Approval as follows:
General Funds $151,158.03
Water Fund - Operating Fund 24,798.35
Special Assessment Fund 52.80
Refundable Deposits Fund 5,848.96
Beach Disaster & Improvement Fund 1,667.43
Improvement Fund 4,000.00
Special Trust Account - First National
Bank of Delray Beach 37,765.53
Special Trust Account - Delray Beach
National Bank 63°322.70
Following discussion concerning payment to the Sewage Pro~ect
contrac~cors, Mr. Barrow moved that the Bills be paid. The motion was
seconded by Mr. Croft, and upon call of roll, Mr. Barrow, Mr. Croft,
Mr. Saunders and Mr. Talbot voted in favor of the motion and Mayor
Avery was opposed. Mayor Avery qualified his vote in that there was
a bill from the Trieste Construction Company and that he is an officer
of that company.
10.x. Concerning the Tropic Palms water situation report made by City
Clerk Worthing, Mr. Talbot asked .if that clarified the situation com-
pletely, everythingwas in order and the Tropic Palms citizens
were happy about same2
City Clerk Worthing said he could not speak as to the feeling of
the citizens of Tropic Palms, but that the requirements of the City
are satisfied as they were set forth in the original agreement of June,
1959.
-14- 1-13-64
Mr. Talbot asked if there was anything in the agreement whereby
the s~wage program could be t~ed in with the water program, and,moved
that the City Manager be instructed to obtain through the City Attor-
ney a report covering the legality or the performance of the Water
Contract as tied in 'with 'the Sewage Contract. The motionS'was second-
ed ~¥ Mr. Barrow and carried unanimously.
The meeting adjourned at 10:30 P.M. by order of Mayor Avery.
_. . R, D. WORTHING ~' . /~,,
City Clerk
APPROVED=
'Mg YO
-1~- 1-13-64
ind between the l~r~ie~ iforei&l~, da~e~ 2~ May 1~ f~r the ccaetruc~icG of
Bev&So Work~ I~,'OJeC"G, ~lty of Delre~ Beach, FL1M Beach Comity, FIX)rid&-
~$TY ~' Pa~e 2
ORDINANCE NO. G-495.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION
21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS
ARE CONTIGUOUS TO EXISTIN~ MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCL~]DE' ~AID LANDS;PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LANDS~ AND PROVIDING FOR THE
WHEREAS, DELRAE CORPORATION iS the fee simple owner of
the property hereinafter described, and
WHEREAS, the said DELRAE CORPORATION, by its Petition, has
consented and given permission for the annexation of said property
by the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 185.1 of the
City Charter of said City granted to it by the State of Florida;
NOW, THEREFORE, BE IT ORmAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
SECT~ON ,1.. That the City Council of the City of Delray
Beach, Palm BeaCh County, Florida, hereby annexes to said City the
following described tracts of land located in Palm Beach County,
Florida, which lie contiguous to said City, to-wit:
Those tracts of land in Section 21, Township
46 South, Range 43 East, Palm Beach County,
Florida, described as follows:
All of that part of Baldwin Heights Subdivision
in the Southwest quarter Section 21, Township
46 South, Range 43 East according to the Plat
thereof on file in the office of the, Clerk of
the Circuit-Court in and for Palm Beach County,
Florida, in Plat Book 4 at page 13, lying west
of the West right-of-way line of State Road 5,
Section 9301-204, as same is shown in State and
County Road Plat Book 2, Pages 73 to 75 inclusive,
LESS that part of N 15' feet of S% of SE~ of NW~
of SW~ of SeCtion 21-46-43 lying West of state
Ro~d 5 (U.S. Hwy % 1) a/n/1/o/a/i/u.
Said tracts ~ontaining approximately 9 acres, more or less.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
scribed tracts and parcels of land, and said lands are hereby declared
to be within the corporate limits of the City of Delray Beach, Florida.
~E.CTION 3. That the tracts of land hereinabove described
are hereby declared to be in Zoning District "C-2" General Commercial
District, as defined by existing ordinances of the City of pelray
Beach,' Florida.
Page 2. Ordinance No. G-495.
SECTION 4~ In consideration of Petitioner'~s consent to
annexation as above set forth, and since municipal services will
not accrue to said lands until such time as develpment is under-
taken, said lands shall be liable for municipal ad-valorem taxes,
as follows:
That said properties shall be taxed on an acreage
basis to petitioners so long as they remain unim-
proved, however,' as any protion of said lands be-
come improved, which shall include all lands being
utilized in any manner with relation to improved
areas, such lands shall be subject to normal
taxation, including the bonded indebtedness of
the City of Delray Beach, Florida.
SECTION 5. That the lands hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts (including the existing bonded indebtedness),
obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be, except as otherwise
provided and set forth in Section 4 above, and persons, if any,
residing thereon shall be deemed citizens of the City of Delray
Beach.
SECTION 6. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of
competent jurisdiction, such record of illegality shall in no way
affect the remaining portion,
Passed in regular session on the second and final reading
the 13th day of Js_~uary .... , 196~..
/S/ AL. 0. AVERY
MAYOR
ATTEST:
/s/R. D.
City Clerk
1st Reading De¢®mber 23, 1963
2nd Reading January 13, 196~
ORDXI~NCE NO. G-521.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DEL~AY BEACH, FLORIDA, REZONXNG AND PLACING
LOTS B, C and D, TROPIC PALMS, pLAT ONE, D~.LRAY
BEACH, FLORIDA, IN "R-lA SINGLE FAMILY DWELLING
DISTRICT," AND AMENDING "ZONING MAP OF DE~.RAY
BEACH, FLORIDA, 1960".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELEAY BEACH, FLORIDA:"
SECTION 1. That the following .described property in
the City'of Delray Beach, Florida, is hereby reloned, and placed
in the "R-lA single Family Dwelling District" as defined by
Chapter 29 of the Code of Ordinances of the City of Delray Beach,
;;lorida, to-wit:
LOTS B, C and D, TROPIC PALMS PLAT ONE, DELRAy
B~ACH, FLORIDA, ACCORDING TO PLAT BOOK 25 AT
PAGE 100 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, Florida to conform with the pro- .
visions of section i hereof.'
PASSED in regular session on the second and final
reading on this the 13th day of January, 1964.
,,1 1 . AVERY
MAYOR
ATTEST:
/S/ R. D. WORTHING
City Clerk
First Reading December 9t 1963
Second Reading ~an~arv 13. 1964
ORDINANCE NO. G-510
AN ORDINANCE OF THE CITY COUNCIL OF THE 'CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LOTS 23, 24 and 25, McGINLEY and GOBMAN SUB-
DIVISION, DELRAY BEACH, FLORIDA, IN "R-3 MULTI-
PLE FAMILY DWELLING DISTRICT," AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1960".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
SECTION 1. That the following described property in
the Cit~ of Delray Beach, Florida, is hereby rezoned, and placed
in the 'R-3 ~ "
Multiple Family Dwelling District as defined by
Chapter 29 of the Code of Ordinances of the City of DelPay Beach,
Florida, to-wit:
LOTS 23, 24 and 25, McGINLEYAND GOSMAN
SUBDIVISION, DELRAY BEACH, FLORIDA, AC-
CORDING TO PLAT BOOK 2 AT PAGE 87 ON FILE
IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR PALM BEACHCOUNTY, FLORIDA.
SECTION 2. That the Building Inspector of said City
shall upon the effective date of this Ordinance change the
Zoning Map cf Delray Beach, Florida to conform with the pro-
visions of Section I hereof.
PASSED in regular session on the second and final
reading on'this the 13th day of January A.D., 1964.
AL. C. AVERY
MAYOR
ATTEST:
/S/ R_,. D.. WORTHING
City Clerk
First Reading December 9t 1963
Second ReadinM Ja~.uary 13, 1964
ORDINANCE NO. G-$22.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 20,
LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY! RE-
DEFINING T}~. BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLI-
GATIONS OF SAID LAND; AND PROVIDING FOR THE
ZONING THEREOF.
WHEREAS, DWIG}~ H. ELLIS and NORMA ELLIS (his wife) are the
fee simple owners of the property hereinafter described, and
WH~RFAS, said DWIGHT H. ELLIS and NORMA ELLIS (his wife),
by their petition, have consented and given parmission for the annex-
ation of said property by the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been au-
thorized to annex lands in accordance with Section 185.1 of the City
charter of said City granted to it by the State of Florida=
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DEL~AY BEACH, FLORIDA, AS FOLLOWS=
SECTION 1. That the City Council of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes 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 land, namely Lot 20, Lake Shore
Estates, per Plat Book 25, page 26, Public
Records of Palm Beach County, Florida.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
scribed tract of land and said land is hereby declared to be within
the corporate limits of the C~y of Delray Beach, Florida.
SECTION 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 im-
mediately become subject to all of the franchises, privileges, im-
munities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be, and
persons residing thereon shall be deemed citizens of the City of
Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of com-
petent jurisdiction, such record of illegality shall in no way
affect the remaining p~tion.
PASSED in regular session on the second and final reading
on this the 13thday of JanuaPy, 1964.
MAYOR
ATTEST:
City Clerk
ORDINANCE NO. G-520.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLAC-
ING LOTS 18, 19, 20, 21, 22, 26 and 27, Mo-
GINLEY and GOEMAN SUBDIVISION,- DELRAY BEACH,
E~ORIDA, IN "R-3 MULTIPLE FAMILY DWELLING '
DIETRICT," AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1960".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORI'DA:
~ECTION 1. That the following described property in
the Cit~ ef Delray Beach, Florida, is hereby rezoned, and placed
in the "R-3 Multiple Family Dwelling'District" as defined by
Chapter 29 of the Code of Ordinances of the City of Delray
Beach, Florida, to-wit~
LOTS 18, 19, 20, 21, 22, 26 and 27, McGINLEY
AND GOSMAN SUBDIVISION, DELRAY BEACH, FLORIDA,
ACCORDING TO PLAT BOOK 2 AT PAGE 87 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 Del~ay Beach, Florida to conform with the pro-
visions of SeCtion 1 hereof.
PASSED in regular session on the second and final
reading on this the 13th day of January, 1964.
c.
MAYOR
ATTEST:
p. WORTH,N*
Oity Cler~
First Reading D~cember 9~ 1963.
Second Reading January l~. 1964