04-13-64 APRIL 13, 1964.
A regular meeting of the City Council of Delray Beach was held
in the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery i~ the
Chats, City Attorney John Roes Adams, City Manager Robert J. Holland,
and~C~uncilmen EmoryJ. Barrow, J. LeRoy Croft, Jack L. Saunders and
Ge~ Talbot, Jr., being present.
1. An-opening prayer was delivered by Rev. F. E. wrease.
2. The minutes of the regular Council meeting of March 23rd and
speci~l meeting of March 30th, were unanimously approved on motion
by M~ Barrow and seconded by Mr. Croft.
37 Concerning Agenda Item 6.c. regarding the revised proposal and
pl~n~ pertaining to the yacht basin in Blocks 136 and 144, Attorney
John~Moore informed the Council it had been called to his attention
this evening that the Councilmen had not received the engineering
sketch that had been requested at the last meeting regarding deeding
to the City certain lands and retaining a fifty foot strip? Attorney
Moore said he would like for this item to be removed from the agenda
at this time and the Council designate a special or regular meeting
for this item to.be considered. Agenda I~em 6.c. was unanimously
ordered removed from the agenda,to be considered at the next regular
meeting, on motion by Mr. Saunders and seconded by Mr. Barrow.
3. Mr. and Mrs. Hank Cohen presented a portrait of CATHERINE E.
STRONG to the City and Suggestedthat it be hung in the CATHERINE E.
STRONG COMMUNITY CENTER, said portrait being complete with light an~
brass name plate.
Mr. Barrow moved that the portrait be accepted, with thanks to
the donors~ and placed in the CATHERINE E. STRONG COMMUNITY C~NTER,
the motion being seconded by Mr. Croft and unanimously carried.
3. Mr. L. D. Manning of the American Legion requested that the
American flag be flown over the Chamber of Commerce building, which
building is located on City property.
Mr. Saunders moved that the Chamber of Commerce be requested to
fly the American flag over their building, the motion being seconded
by Mr. Barrow and unanimously carried.
4. Mr. Crcf~ read the following Beautification Commietee meeting
minutes of Thursday, April 2, 1964:
"Members present were: ,Ken E~lingsworth, Gladys Little,
Marjorie Svaul, J. B. Smith, Chark~s~Toth, stuart Lankton,
Bud Merritt, Wade carte~, Clarence Bingham, LeRoy Croft
and Peg Bowen.
Mr. Lankton moved that we recommend to the City Council an
amendment of City Ordinance, Chapter 7, Section 7-1, Sub
Section 14 to read: 'No person who. shall own or be in control
of or in charge of any dog shall allow same upon the munici-
pal beach, for reasons of health, welfare and security of the
public.' The motion was seconded by Mrs. Little and carried.
Wade Cartee presented a plan for improving a section of ~%e
cemetery, which was approved by the Committee.
Mrs. Little moved that we recommend the reappointment of Mr.
Ellingsworth and Mr, Toth and that the other vacancy will
again be filled by the League of wom~n Voters. Motion se-
conded by Mr. Lankton and carried.
4-13-64
"Mr, Toth presented a proposed drawing for the cemetery
entrance. After further discussion, Mr. Toth agreed to
present a revised plan at the next meeting which will be
held May 7th.
There being no further business, the meeting was adjourned,"
Following discussion of Item 1 of said mtnutes,i Mr. Croft moved
that the City Attorney be instructed to draw up the necessary legisla-
tion to accomplish the recommendation of the Beautification Committee
concerning dogs o~the beach, the motion beingseeondedbyMr. Saun-
ders and unanimously carried.
concerning Item 2, Mr. Talbot moved that'Mr.-Ellingsworth,.
Mr. Toth, ~nd a representative of the League 'ofWomen Voters be re-
appointed to the Beautification Committee. The motion was seconded
by Mr. Barrow and carried unanimously.
It was pointed out that the name of the person representing the
League .of Women Voters on said committee would have to be. submitted
to Council for their approval.
4.a. A roll cal! showed the following Civic Organizations and re-
presentatives to be in attendance=
Delray Beach Board of'Realtors Mr. Andrew Gent
Tropic Isle Civic Association Mr. John E. Varney and
Mr. William Mudge
Seagrape Garden Club Mrs. Margaret Bowen
American Legion Post No. 65 Mr. L. D. Manning
5. Mayor Avery introduced Mr. Charles Senior of The Florida Power
& Light ·Company and announced the Mr. Senior had been recognized by
that company for forty years of service as of April 7th.'
$. Mayor Avery announcedthat today, April 13th, is the birthday
of City Manager Robert J. Holland.~
5. Mayor Averyinvited Commander JOhn E. Varney to the Council
Table and read the following ~ PROCLAMATION=
"WHEREAS, the President of the United States has proclaimed
May 16, 1964, ARMED~ORC~S DAy,~rg~ng increased public under-
standing of the role of our Armed Forces as-a~defensive
shield serving in partnership with friends around the world,
and ..
WHEREAS, the Governor of the State of Florida has declared
it particularly appropriate that ourcitizens should devote
thisday to paying tribute to those of our Armed Forces, both
active and reserve, who stand constant guard against aggression,
and
WHEREAS, all citizens should be aware of the roles and missions
of our defensive forces who protect ourhomes and our way of
life fromambitious and unscrupulous rulers~
NOW, THEReFORe, I, AL. C. AVERY by virtue of the authority
veste~ .in me as Mayor of the City of Delray Beach, ~o hereby
proclaim May 16, 1964, as
ARMED FORCES DA~ ~
in the City o~ Delray Beach, and call upon our people to
join in a great demonstration of national strength by active
participation in patriotiol programs in our community and by
'' ' -2- 4-I3-64
visiting such military installations as. may be open on this
occasion,~and I call upon the citizens of the City of Delray
Beach to further demonstrate our national unity by displ~ying
the Flag of the United States in front of their homes and
places of business.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Seal of the City of Delray Beach to be affixed, this 13th
day of April, A. D., 1964."
Mayor Avery announced that Commander Varney had accepted Chair-
macship of the Armed Forces Day Committee~ Also on the Committee are
Mr'. Eric Meyer, Mr. Paul Cummins, Commander of the'V.F.W., Mr. Joe
Bognar, Commander of 'the American Legion Post No. 65, and Mr. George
Stant~n, all having been members of the armed forces.
Mayor Avery informed Commander Varney that the City Clerk would
assist him in giving him the names and addresses of said committee
members and in calling said committee together.
5. City Clerk Worthing read the following letter to the City from
Mrs. D. H. Norton of Pontiac, Michigan, dated March 31st, 1964:
"I would like to express my appreciation for the fine manner
in which you operate your Municipal Swimming Pool in Delray
Beach.
The extreme care in Cleanliness and supervision is robe
plimented. And - the friendlywelcome feeling, created by
Bet~' Bell make we non residents want to return to Delray
Ben,beach winter. Iggie Horst always has a smile and cheery
My sister and I made our headquarters here last year because
cf your fine pool, and again this year. Next year it~will
agatn be the reason for our return."
5. City Clerk worthing read the following letter to Mayor Avery,
from Henry R. Mathews, 88 South Ocean Boulevard, dated March 26th,
1964:
"May I express to you my sincere appreciation in connection
with my recent communication' to you.
The results are amazing and very pleasing to the many ocean
front residents.
My thanks are extended to you and the City Manager or Police
Chief-foE their cooperation.
YOU are to be commended for your interest and prompt action."
Mayor Avery explained that Mr. Mathews had made s complaint
about noise and other very unsatisfactory, conditions in the beach
area, and complimented the City Manager and his employees in taking
care of the complaint in such a satisfactory manner.
5.a. Mr. Croft said'the Contractors are installing sewer mains along
the west side of South ocean Boulevard, and making cut~-across A1A to
individual properties, further, the records show that five ocean front
properties, completely surrounded by the City with the exception of
the ocean on the east, are not withifi the City limits. Mr. Croft in-
formed the Council that.the sewer main installation is being laid
across AIA from these five properties, being the-Horizon Apartments
at 1375 South' Ocean Boulevard~ property, of Mr. Frisby at 1325 South
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Ocean Boulevard; property of H. P. M~eller, 1165 South Ocean Boule-
yard; pXoperty of Mr. B. B. Beveridge, 1045 South O~ean Boulevard~
and property of Mr. Bic~le, 1305 .South .Ocean Boulevard.
Mr. Croft 'further stated that he,had today'requested ~/~at the City
officials get in touch with these individu~ls and apprise ~.them of the
fact that if they had any intention in the future of desiring City
sewer service, they express their intent of coming into the Cityof
Delray Beach while the sewer contractor is working in that ares, as
cutting under A1A ~or said connections is very expensive.
It was brought to COuncilettention that the Mueller property
had been sold, and City Clerk Worthing informed the Council that all
five property owners referred to.had been contacted. Further, that
Mr. Hamilton of Washington, D. C., representing and being a majority
voice in the syndicate owning the south 120' of the 620' comprising
the five ownerships of property referred to, is interested, and be-
lieves he can influence his associates, in submitting a consent for
annexation of that parcel of land. Mr.. Worthing reported that the
owners or legal representatives of the other four parcels of land
had been contacted today and all had declined robe interested in the
annexation of their property to the City of Delray Beach at this time.
During lengthy discussion, Mr. Talbot mentioned that the sewer
mains go directly past the wedgewood Apartments and they a~e not with-
in the City l'imits, but there is a manhole.in the vicinity to which
they may connect if theY'wish to be annexed to the City. Mr. Talbot
asked: "Would it not be well to consider an ordinance outlining the
fact that once they have been offered to be sewered without charge,
providing they come into the City, at a later date it wouldbe at
their complete expense, which I think it should be."
City Attorney Adams said suchan ordinance would be legal, but
that future Councils could amend such an ordinance if it was passed.
Mr. Talbot moved as follows= "That an ordinance be prepared by
the CityAttorney to the effect that after a sewer has passed any
piece of property .within the City and the property isnot annexed to
the City, in the future, it is the expense of that property owner
to hook onto the sewer." The motion was seconded by Mr. Barrow and
carried unanimously.
5.a. Mr. Talbot said he didnot know how many Councilmen had been
phoned or talked to by citizens ~fDelray Beachabout the unsightly
condition o~ the dredged materiel'on properties in this community,
and continued as ~ollows: "! think something should bedone about
it. I think for the benefit of the public, they should ~now that the
City cannot prevent a'property owner from having this dredged material
placed on their property, and I also think they should know that the
property owner, unfortunately, cannot control the height to which the
contractor may place this material, the situation being that once the
contractor pla~es his pipe, he .wants to put as much material on that
particular given piece of property as possible as it reduces his cost.
Regardless, I think, and I move that the City Attorney report back at
the next meeting as to the availability, if the' City has the power to
have an ordinance or resolution or whatever the document might be, to
declare all such dredged material on these various properties a nui-
sance hazard, givin~ the property owner 60 or 90 days, whichever might
be the fair time, to remove that\material to the surrounding grade
!evel~ After that time, and if it is not done, the City will have,
or may have, the authority to remove the fill or sell it or dispose
of it at its discretion." The motion was seconde~ by Mr. Barrow.
Mayor Avery said it had been n~ved by Mr. Talbot and seconded
that the City Attorney be instructed to review and present to Council,
such legislation to accomplish the purposes described by him. Upon
call of roll, the motion carried unanimously.
Mayor Avery announced that the Atlantic Avenue bridge would
have to remain open for possibly one day this week on account of work
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being ,done on the dredge barge, City Manager~Holland reported that
wedneSday was the day they would need the bridge opened. Further,
that the City Administration would notify the radio station, the press,
an~ the Police Department, also place barricades et the prope~ places.
Mr. Talbot said that since the dredging company had b~e~ so non-
cooperative with the City, he feels they should stand the expense the
City is being put to, and that the City Manager should make arrPnge-
ment~ as to.collecting damages, as the. City is being put to this cost
and inconvenience through no faultof its own, and so moved'. Mr.
Cr0ft Said he did not know what damages Mr. Talbot had in mind, but
for the purpose ofdiscussion, would second the motion.
Mayor Avery said it had been.moVed and seconded that the City
Manager be instructed to survey possible damages to the City, and if
it ~S ascertained, that such damages exist,..that charges be preferred ·
against the contractor for those damages..
City Manager Holland reminded the Council that Atlantic Avenue
was a State Road, and that he would consult with Mr. Davids0n of the
State Road Department concerning this.
Upon call of roll, the motion carried unanimously.
5.a. Mr. Talbot infOrmed the Council that there had been considerable
study and planning given to the memorial for Paul S. l(nowles at the.
PAUL'S. KNOWLES PARK, recently dedicated in his memory and located at
S. E. 6th Avenue and 10th Street. Mr. F~nneth Jacobson,~ a member of
the Planning Board, and also Chairman of the Committee planning this
memorial, presented to the Council a sketch, and explained, in detail
'the plans that had been made, stating approximately $750500 would be
needed to accomplish said plans.
Following discussion, Mr. Saunders moved that. a sum of $750.00
be approved to be tranaferredfrom the Contingency Fund to the Parks,
Parkways,-and Streets, Account No. 770, for the purpose, of providing
the Paul K~owles memorial as outlined in the presentation by Mr.
Jacobson and Mr. Talbot. The motion was seconded by Mr. Barrow and
unanimously carried.
5.a. Mr. Talbot complimented Mr. O. W. Woodard, Jr., on the letters
he had written concerning Interstate Highway 95 and asked if there
had been any response to said letters.
City Clerk Worthing read letters from Congressman Paul G. Rogers,
and Representatives Jerry Thomas and Raymond J. Moudry, who,in~icated
their interest in this matter and g~ve permission for their names to
be used as favoring said project.
Mr. Wooderd explained this was being carried out in three phases,
that phase 1 w~ettersto off~cials now in office~ phase 2, letter~
to candidates running for legislative offices in. the five Gold Coast
communities, which letters would be in the mail this week. Phase 3
would be a follow up letter to candidates who ar~ ultimately elected
to offices.
Mr, Croft reported that today the Bethesda Hospital Board of
Commissioners passed ~ R~solution concerning the contacting of all
representatives, etc. requesting~hat 1-95 be given very serious con-
sideration for immediate development for further access to the hospital
facilities.
5.a. Concerning the installation of sanitary sewers, Mr. Ta].bot re-
ferred to the properties on. South Ocean Boulevard that had been dis-
cussed earlier this evening,-and moved that the sewer engineering maps
indicate what properties-were out of the City limits, and that the
City Manager be instructed to prepare a list of the properties the
sewer lines wo.uld pass that. are not annexed to the City, the motion
being seconded by Mr. Croft.
Following discussion, the motion carried un~nimously.
4-13-64
6.a. Concerning a vacancy in the Civil. Service Board membership, the
Council was informed that the term of M~. Fritz Friberg had expired
on April first and Council should provide continuity in the Board
membership in compliance wi~h Special Acts of 1949.
Mr. Talbot moved that Mr. J. T. McMurrein be appointed as a
member of the Civil Service Board, term to expire Aprii 1, 1968, and
that a letter of thanks be w~itten to Mr. Friberg for his long tenure
of service. The motion was seconded by Mro Croft and unanimously
carried.
6.b. Concerning a corrective deed pertaining to the gol~ course, City
Clerk Worthing reported to Council as follows=
"Authorization is requested directing the proper officials
to execute a corrective deed affecting.ONLYT~act Two,~ as
set forth in the original deed conveying certain golf course
lands to the Grimes Foundation.
Subsequent to the sale of the Municipal Golf Course on March
21, 1958, Inverness Avenue, a 50 foot dedicated right-of-way,
abutting said Tract Two, was abandoned, andby virtue of law,
half of said SO foot right-of-way, amoUnting to a strip 25
feet by 596.57 feet, reverted to the owner of Tract T~o.
This corrective deed merely reflects the City having no right,
title or interest in such abandoned right-of-way, namely In-
verness Avenue, it having been abandoned by Council on May
23, 1960, by adoption of Resolution No, 1254, ultimately re-
corded in the Public Records of Palm Beach county."
Mr. croft moved that the properCity officials be directed to
execute said corrective deed, the motion being seconded by Mr. Saunders
and unanimously carried.
6.c. This item was deferred for consideration st the next regular
Council meeting.
6.d. City Clerk Worthing presented the following memorandum from City
Engineer Fleming concerning a modification end addendum to the origi-
nal Brant Drive Bridge Agreement with' the ~lorida Flood Control Dis-
trict= ~
"Subject= Modification and Addendum to the original Brant Drive
Bridge Agreement.- Flood Control District
The original estimate for the subject Brant Drive Bridge was
$49,000-, Thereafter, changes in the specifications and length
of ~he bridge changed the estimate to $56,700 which was the
price mentioned in the agreement for this bridge, which the City
approved with the Flood Control District.
The Flood Control District had originally requested State aid
in the amount of $49,000 and it now appears likely that a
Warrantwill be received from the State in that amount. For
this reason the F10od Co~trol prefer to make their check to
the city in the amount of $49,000 so that the State Warrant,
when received, can be'exchanged in the co~rect amount. This
will in no way affect the final t0tal payment for the bridge
which will be adjusted and taken careof by the Flood Control
DiStrict.
Inasmuch as the actual contract for the construction of this
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"bridge was aWarded to Cleary Brothers in the amount of
$48,000, I feel that the Council will be quite sa~e in ap-
proving ~his'A~dendUm."
,~he City Clerk then presented said Addendum as follows~
" MODIFICATION AND ADDENDUM OF AGREEMENT
THIS FIRST MODIFICATION AND ADDENDUM of Agreement, made this
day of ' ,A. D., 1964, is intended ~o
~odify certain specific' terms of and add'to that prior Agree-
~ent dated March 20, 1964, entered into by and between Central
and Southern Florida Flood Control Distriut, a public corpor-
ation of the State of Florida, and the City of Delray Be~h, a
muniCipal~corporation of the Stateof Florida.
tn consideration of the sum of Ten Dollars ($10.00) paid by
~ach of the parties hereto, one to the other, receipt Of which
~s hereby acknowledged0 and in consideration of the premises,
the said Agreement made the 20th day of March 1964 is modified
as follows~
In each instance where the amount '$56,?00.004 is mentioned,
that said amount shall be altered and modified to read
"$49,000.00'~ :
The parties heretofurther agree to the addition of paragraph
4 to 'the existing 3 paragraphs in the said. Agreement made the
20th day of March 1964:
'4. In consideration for the ~advance of any sum of money by
"District" to "City"* as payment of full and just compensation
hereunder, "City" hereby agrees that should "City" be issued a war,
rant of the State of Florida for payment of construction of the said
bridge across· Brant Drive in' Delray Beach, Florida,"City" shall, im-
mediately upon receipt thereof pay to "Distr~ct" a sum of money, equal
to the amount of any such warrant so received."
The parties'hereto h&vi~g affixed~the~r signatures'below,, agree
that this ModifiCation a~d Addendum shall relate to'the described ~-
riginal Agreement dated March 20, 1964, and. having so modified and.
added to the said original Agreement shall become a part thereof.
IN WITNESS-WHEREOF the parties hereto have executed this Modifi-
cation and Addendum the day and year first above written.
(Corporate Seal) CENTRAL AND SOUTHERN FLORIDA
FLOOD CONTROL DISTRICT, BY ITS
GOVERNING BOARD
Executed in the presence of:
~y
Chairman
' ATTEST:
As tO "District"
Secretary
(Seal) CITY OF DELRAY BEACH
Executed in the presence of~ By
. . . Mayor
City Clerk
As to "City"
-7- 4-13-64
~ ~$~o
Mr. T&lbot asked if the Modification and AddendUm had been ap-
proved by the CityAttorney,-and City Attorney Adams replied that he
did approve same as to legal form.
Mr. Talbot moved that the modification agreement be executed,
the m°tionbeing seconded by Mr, BarrOW and unanimously carried.
6.e. Concerning abandonment'of aportion of S. W. 10th Street, the
Council was informed that Mr. K.. E. Anderson, developer of Delray
Beach Heights Extension, under date of January 31, 1964, requested
abandonment of a portion of S. W. 10th Street, as a result of a con-
flict with the Plat of said Subdivision, as outlined in the preface
supporting the March 23rd Agenda, wherein factual data reflected an
overlap of the South 10 feet of said Subdivision into a previously
accepted 60 foot right-of-way.
Mr. Croft reminded the Council that this item had been referred
to the Planning/Zoning Board who had recommended denial of this re-
quest,, but. since that time, the City Clerk had been instrumental in
obtaining a deed to 50 foot of right-of-way on the south side of 10th
Street,which'he understands will meet the planning Board suggested
requirement of a 100 foot right-of-way on 10th Street in this area.
Mr. Croft then moved that the City vacate and abandon any title and
interest in and to the south 10 feet of the following described par-
cels, namely, lots 1,2 and 3, .-in Blocks 1 and 2~ lots 1 and 22 in
Blocks 3, 6 and 8~ and lot i in Block 9, all being in Delray Beach
Heights Extension. Section "A", a subdivision lying in the N. W. ~ of
Section 20, Township .46 'South, Range 43 East, according to the Plat
thereof recorded in Plat Book 26, Page 83, of the Palm Beach County
Public Records. The motion was seconded by Mr. Saunders and carried
unanimously.
6.f. City Clerk Worthing informed the Council that Change Order No.
9, affecting the sewer contract of Barbarossa & Sons, provides for
full width paving of that part of S. W. 2nd Street lying between 2nd
and 6th'Avenues~ full width paving of that part of N. W. 1st Street
lying between 5th and 8th Avenues, and full width paving of Dixie
Boulevard, which extends from North Swinton Avenue to N. E. 8th street,
which improvements are-estimated to require 600 tons of asphalt at a
total cost of $5,400.00~ Further, tha~ should it be the pleasure of
Council to approve this Change Order, it is recommended that approval
thereof be subject to Russell & Axon~'s letter of April 9th, identify-
ing the s. treets to be paved, being at~ached to and forming a part of
Change Order No.. 9.
Following discussion, Mr~ Croft moved for aPProval of Change
Order No. 9, affecting the Barbarossa and Sons contract-~ the motion
being seconded by Mr. Barrow. Upon call of ro11, Mr. Barrow, Mr.
Croft, Mr. Saunders and Mayor Avery voted in favor of the motion and
Mr. Talbot was opposed.
7.a. Concerning requests to permit student housing in residential
zoned areas in Delray Beach, City Clerk.Worthing read letters as
follows:
Delray Beach Chamber of Commerce, signed by Paul W. Ledridge,
.President, dated March27th, 1964:
"The Chambers of Commerce of several cities in this area
have been asked to assist FlOrida Atlantic University in
a problem relative to student housing by obtaining a list
of persons interested in renting .(in a price range suitable
to college students) or &1lowing the use of, at no cost,
rooms in private homes to accommodate these students.
In order that we may assist the university in this pressing
matter, we are respectfully requesting that the City Council
take action to allow the housing of students of Florida
-8- 4-13-64
"Atlantic University in private homes in Delray Beach.
This is a matter of urgency indicating emergency action
since the university ia now accepting applications."
~lray Beach Board of Realtors, signed by Richard T.
~resident, dated March 24th, 1964:
I'~IEREAS there will be an emergency housing situation at
Florida Atlantic University du~ing the year beginning
~eptember, 1964, the Board of Directors of Delray Beach
~ard of Realtors today went on record recommending to
~e City Council that an emergency ordinance be adopte~
io permit Student housing in single family areas."
~11owing discussion, Mr. Saunders moved that the City A~Orney
be di~ ~ted to draw up an Emergency Ordinance concerning this
for S~ ~ission to the Council at their next regular meeting~~' ~hat
th~S.
0~dinance
be e~fectiVe for one yea~, and that it only
bo~a ~e studen~ o~ ~lorida Atlantic ~niversity, the motion~ng
seconded by Mr.
During discuesion~it was mentioned that s person would need ~o
clear through the StateBotel commission if they rented a room, also
that there ~ould be no tax charged to a student of a ~s~ate institution
or univers£ty, and that it had been mentioned that $10.00 per week
should be the maximum charge per ~eek per s~udent for a room.
0loon call of roll, the motion carried unanimously.
?.b. City Cler~ Worthing presented a petition for zoning reclassi-
fication of the south 200 ~eet of Bloc~ ~ from ~-2 (One and ~ ~am±~y
nwelling District~ to R-~ (~ultiple ~amily Dwelling Dis~ict) from all
property owners, the owners being the~ove Company, Will~am BecMer,
~earl A. ~ander, ~oe! ~artin and ~ary Elizabeth Smith.
·his rezoning request was unanimously referred to the ~lannin~?
Zoning Board for public hearing thereon, on motion by Mr. Barrow and
seconded by Mr. ?albot.
?.c. The City Cler~ presented a petition from ~rieat Land Company,
Znc. for zoning reclassification o~ lots 1¢ and lS of the replat of
part of lots 2 and $~ Bloc~ I,~ Model Land Company's subdivision of
the west half of Se~ion. 21-~-¢~, (SinMs Pla~) ~rom R-lA (Single
~amily. Dwelling District~to C-2 (~ene~al Commercial
Mr. Barrow moved that this petition be referred-te the ~lanning/
Zoning Board for public hearin~ ~hereon~ the motion beAng seconded
by Mr. Saunders and unanimously carried.
?.d. City Clerk ~orthing read the £ollowing~ letter from ~Mr.
Merritt, dated March ~1,
"X su~mit with regret my resi~nation as Chairman and as
a me~r o~ the Civic Beau~ification Coordination ~ommittee,
~o ba/~ective immediately on acceptance by the City Council."
Mr.
~t moved that the Council accept, with regret, ~he re-
signation ~'~uddy Merritt from the Beautification .Committee, and that
a letter o~ than~s and appreciation ~or his valuable services he sen~
~o him. ~me motion was secomded by Mr, Barro~ and carried unanimously.
~. Barrow then moved ~at the Beauti~ication Committee ma~e a
~ecommendation to the Council as to a replacement for Mr. ~erritt
said committee, t~e motion being seconded by Mr. ?albot and unanimous-
ly carried.
S.s. City Clerk ~orthing read ~EBOL~Y£IO~ ~O.
A RESOLUTION OF THE. CITY COUNCIL' OF THE
CITY OF DELRAY BEAC~ FLORY~)A, PROVIDING
FOR EXCHANGE OF C1~ 0 .W~D lAND FOR OTHER
L~NDS MORE SUITED FOR MUNICIPAL USE.
(Copy of Resolution No. 1479 is attached to and made a part of the
official copy of these minutes.} (See pages 3~2-A and
Resolution No. 1479 was unanimously passed and adopted on motion
by Mr. Barrow and seconded by Mr. Ssunders.
8.b. City Clerk worthing informed the Council that Resolution No.
1480 confirms action of Council at its last regular meeting as pertains
to the abandonment of that part of N. E. 7th Street lying.~between'Sth
Avenue and Palm Trail. Further, ~hat cor~iti0ns recommended by City
Engineer Fleming and upheld by .Council had been met~ namely obtaining
an easement over said abandoned strip for possible future public uti-
lity use.
City Clerk Worthing then read RESOLUTION NO. 1480.
A RESOLUTION OF TH~ CITY COUNCIL OF ~THE
CITY' OF D~LRAY B~ACH,. FLORIDA, 'VACATING
AND ABANDONING THAT PORTION OF NORTHEAST
SEVENTH STREET LYING BETWEEN THE FASTERLY
RIGHT-OF-~Y LINE OF'NORTHEAST EIGHTH. AVE-
NUE AND THE WESTERLY NIGHT-OF-~Y LINE OF
PALM T.I~'~L, SAID PORTION OF NORTHEAST
SEVENT~ .~E~T BEING TWENTY FEET IN W~DTH.
(Copy of Resolution No. 1480 is attached to and made a part of the
official copy of these minutes.) (See Page
Resolution. No. 1480 was unanimously adopted on motion by Mr.
Saunders and seconded by Mr. 'Croft.
8.c. Concerning closing costs in connection with exchange of lands,
City Clerk Worthing informed the Counci1 that an appropriation of
$356.15 is requested from the Contingency FuDd to the Street Depart-
ment~s Professional Services, General Fund 910~321-410, to cover the
City's share of closing costs in connection with the exchange of a
City owned parcel of land in Block 92 for the Cook property, also in
said Block 92.
Mayor Avery asked the Finance Director if ther~ was any money
in the ex/sting Street Department's Professional services Fund, and
Mr. Weber ~nformed the Counc~il that there was $56.00 ~n that fund.
Mr. Croft moved for the transfer of $300.00 from the Contingency
Fund to the Street Departmentts Professional Services, General Fund
910-321-410, to cover the City'~s share of said closing costs. The
motion was seconded by Mr. Barrow and carried unanimously.
8.d. City Clerk Worthing presented ORDINANCE NO.
AN oRDINANCE DECLARING THE INTENTION
OF THE CITY OF DELRAY BEACH TO ANNEX'
CERTAIN LANDS LOCATED F~ST OF SECTION
16, TOWNSNIP 46 SOUTH, RANGE 43 EAST~
TO THE. CITY OF DELBAY BEACH, FLORIDA.
(Copy of Ordinance No. G-529 is' attached to and made a part of the
official copy of these minutes.) :(See Pa~es 3~-D and 3~2-E)
There being no objection to or~inance No. G-529, said Ordinance
was unanimously passed and 'adopted on second reading on motion by Mr.
Saunders and seconded by Mr. Barrow.
-10- 4-13-64
8.e. City Clerk Worthing presented ORDINANCE NO. G-532.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEX/NG TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 37, LAKE
SHOR~ ESTATES, WHICH LAND IS CONTIGUOUS TO EX-
ISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LANDI AND PROVIDING FOR THE ZONING THEREOF.
(Copy of Ordinance No. G-532. is attached to and made a.part of the
of~q!al copy of these minutes. ) (See' Page
.There being no objection to Ordinance No. G-5'32, said 0Fdinance
wa~ ~.animously passed and adopted on second reading on motion by
Mr ~arrow and seconded by Mr. Croft.
8.~, ~he City clerk presented ORDINANCE NO. G-533.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY EEACH~ FLORIDA, ANNEXING TO THE CITY
CERTAIN LAND LOCATED IN SECTION 28,.. TOWNSHIP
46 SOUTH, I~ANGE 43 EAST, WHIC~ LAND IS CONTIGU-
OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~
REDEFINING THE BOUNDARIES OF SAID CITY TO IN-
CLUDE SAID ~ PROVIDING FOR THE RIGHTS AND '~
OBLIGATIONS OF SAID LAND~ AND. PROVIDING FOR
THE ZONING THEREOF.' (Fountain House-South)
(Copy of Ordinance No. G-'533 is attached to and ma~e a part o~ the
offlcial copy of these minutes.} (See Pa~es 3~A-H and 3~-I)
There being no objection to Ordinance No. G-533, said Ordinance
was unanimously passed and adopted on second reading on motio~ by Mr.
Barrow and seconded by Mr. Saunders.
S.g. The City Clerk presented ORDINANCE NO. ~-534.
AN ORDINANCE OF THE CITY coUNcIL OF THE CITY OF
DEL~AY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, .LOTS 21 an~ .22, LAKE. IDA MANOR,
WHICH PROPERTIES ARE coNTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY~ RED~'FI~"G THE
BOUntIES OF ~ID CITY TO ~NCL..~D~' S~f~ PRO-
PE~?IES, PROVIDI~.~OR TRE RIG, S ~' 0BLIGATIO~S ...
OF SAID PROPER?I~,S~ A~D P~O~DING FOR ~ ZONING
THEREOF.
(Copy of Ordinance No. G-534 is attached to and made a part of the
official copy of these minutes.) (See Fa~e
There being no objection to Ordinance No. G-534, said Ordinance
was unanimously passed and adopted on second reading,as recommended by
the Planning Board, on motion by Mr. Croft and seconded by Mr. Barrow.
8.h. City Clerk Worthing presented ORDINANCE NO. G-535.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BF2%CH, FLORIDA, ANNEXING TO THE CITY OF
DELNAY BEACH CERTAIN LAND LOCATED IN SECTION 5,
ToWNsNI~ 46 so.m, ~NGE ~ EAST. ~CH LA~ IS
CONTIGUOUS'TO EXISTING MUNICIPAL L~MITS OF SAID
CITY= RF2)EFINING THE BOUNDARIES OF SAID CITY TO
~11- 4-13-64
INCLUDE SAID LAND~ PI~V~DZlg~. FO~ THE RI~H'I~ AND
'(Copy of O=~nance No. ~-535 ~s attache~ to en~ made a partof the
official copy of these mi.utes.) (~e Pa~es ~2-J ~nd
Mr, Croft a~ke~ ~at ~e City Clerk rea~ ~e following letter
from Mr. O. W. wooerS, Jr., written for ~e City Manager, ~ate~ April'
9~, 1964:
"Re: or~nan~ No. G-53~ - Annexation
Ordinance No. G-535 was place~ on first rea~ng March
this being anordinance relat~ to voluntary annexation of
propertyfront~ng on ~ke Ida, o~e~ by the ~r~mes Foundation.
Mr. Hollan~ an~ I have been negotiating w~ ~. Grimes for
~e annexation of ~s property in Order that ~e '~lray
Beach cor~rate l~its may be extended to ~nclu~e the south
and west shores of ~ka I~a. Boston Beach has gradually
obtaine~ pro~rties on the north shore. If we ~o not act
on thia.'annexation, our co.orate limits may be cut off
from ~is extremely valuable wa~e=front pro~rty.
~e mutually beneficial agreement reache~ ~tween Mr. ~r~mes
an~ ~e' City A~ministration, ~Ject to Council approval, of
course, involves annexing ~e property on an acreage basis
until su~ t~me as it ~s ~evelope~ At ~at ti~, ~e pro-
perty woul~ be assesse~ on a normal basis. The City~ul~
agree ~oexten~ wa~er ~ins to service ~is property only at
auuh t~me as ~e property shoul~ ~ ~evelope~. .~is agree-
ment woul~ involve ~e following:
1. We ~ul~ assess ~e pro~rty at $1,500 per acre for the
8% acres, resulting in an i~e~ate $12,750 a~it~onal as-
sesse~ valuation place~ on o~ tax rolls. We ~ul~ ha~ no
i~eaiate a~itional expense ~ncurre~ to pla~ this property
on our tax rolls~
2. At su~ time as ~. Grimes ~ul~ 'pro~e~ with the ~evelop-
ment of ~ia area, ~n accordance w~th h~s proposed su~vision
la.ut, ~ woul~ ~en have twenty spacious an~ extremely
valuable residential lots ready for ~evelopment. A~ such
as this ~evelopment woul~ take place, ~ ~ul~ then exten~
~r mains to ~is ~rope=ty.. ~e cost ~nvolved in so doing
~uld ~ ae follows:
A westerly extension of 6" main approximately 700
lineal feet on ~. W. 22n~ Street - $1,855. A northerly
extension of 6" main from 22nd Street approximately 450
lineal ~t - $1,1~2. A 60 f~t westerly ~xtension from
N. W. 2~ Avenue apprOXimately 480 l~neal feet of 4" ma~n -
$1,175. ~o fire hy~r'ants $650. Total est~ate~ cost -
$4,872.
Fun~s are continually provi~e~ in o~ ~ter Department budget
for such main e~ensions. ~is year~s b~get on Page 163,
F~ctioD 440, Object 645, Distribution System, provides $73,500
for such put. sas. In other ~rds, fun~s are rea~i~y availabl~.
~e City has previously ent~e~ ~nto an annexation agreement
similar to the one propose~ when ~e ~n~ House ~esta~ant
was brought into the City limits of Delray Beach. ~e water
"main extension to that fa'cility later resulted in the new
Dodge automobile a~ency also coming into the City.
In view of the fact that this is a critically needed aF~e
and that at such time a's it. would develop, 'it Would ret~n
'significant tax revenues to the City, the City Manager
I recommend favorable action on second and final resd~g
of Ordinance No.
We are confident that with reasonable cooperation, Mr... Grimes
will consider further mutually beneficial projects.
Thank you for your kind consideration of this matter."
There being no objection to Ordinance No. G-S3§, said Ordinance
wa~ u~animously passed and adopted on second reading on moti~,~:~by Mr.
C~of~ and seconded by Mr. Saunders.
8.3; City Clerk Worthing read ORDINANCE NO. G-$36.
AN ORDINANCE OF THI~ CITY COUNCIL OF THE
CITY OF DELR~Y BEACH, FLORIDA, REPEALING
SECTION 16~6 AND SECTION 16-7, CHAPTER 16
OF THE CODE .OF ORDINANCES OF .THIS CITY
AND AMENDING SECTION 16-9, CHAPTER 16 OF
SAID CODE PERTAINING TO THE ENFORCEMENT
-OF PAYMENT OF OCCUPATIONAL LICENSE TAXES.
It was.pointed .out that this Ordinance and Ordinances No. G-537,
G-538 and. G-$$9 have been recommended by a special committee appointea
to study same .and also have the endorsement of the 'City Administration.
Ordinance No. G-536 was Unanimously placed on first reading on
motion by Mr. Croft and seconded by Mr. Barrow.
8.j. The"City Clerk read ORDINANCE NO~ G-537.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, 'FLORIDA, AMENDING
SECTION 11A-8, CHAPTER 11A OF THE CODE
OF ORDIN~d~CES O~ THIS CITY, PERTAINING
TO CERTIFICATES OF COMPETENCY FOR PERSONS
ENGAGING IN TH~ GENEPAL BUSINESS OF CON-
TRACTING, SUBCONTRACTING OR SPECULATIVE
BUILDING.
Ordinance No. G-537 was unanimously placed on first reading on
motion by Mr. Croft and seconded by Mr. Saunders.
8.k. The City Clerk read ORDINANCE NO. G-$38.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 16-12, CHAPTER 16 OF THE CODE OF
ORDINANCES OF THIS CITY PERTAINING TO
IDENTIFICATION OF COMMERCIAL VEHICLES.
During discussion, City Attorney Adams explained that the reason
this Ordinance was writ~ten as it is, was to eliminate the professional
people such as apartment owners', doctors, .lawyers, etc., from having
to place such identificat~on on their station wagons an~ cars.
Ordinance ~o. G-538 was unanimously placed on first reading on
motion by Mr. Barrow and seconded by Mr'; Saunders.
8.1. City Clerk Worthing read~ ORDINANCE NO., G-539.
'AN ORDINANCE OP 'T HR CITY CO~ClL OF ~
CITY OF D~Y B~, F~RI~,
SE~ION 16-13. ~RR 16 OP ~ ~DE OP
ADDITI~L P~OUISI~ P~ OBTAI~ A
CITY OCCUPATIO~L LICENSE AS A
C~CTOR, S~-CO~C~R~ SPE~TI~
BUIL~R~ E~CTRI~L CO~OR A~ PL~-
lNG ~CTOR.
Dur~g discussion, Mayor Avery pointed out ~at ~he County has
certain prere~Isites ~fore their ~ntractor~s and builder~s liuenses
can be. issued, and ~e passage of this Ordinance ~uld be an assist-
ance and p=otection ~ ~e City.
Ordinance No. G-539 was unani~usly placed onfirst reading on
motion by ~. Saunders and seconded by ~. Barrow.
9.a. Con~rning~intenance of finger canals, City Clerk W0rthing'.,.
reaa the following ~ee reports~
Report No,. t, dated April 1, 1964 and si~ed by R. J. Holland,
John Ross Adams, Mark ~, Fleming and.O.W. Woodard, Jr., is as follows:
"~he Pinger Canal Co~ittee met on Monday, March 30~. ~ers
present ~re ~..~rne.y, City Manager, City~gineer and myself.
~. Cr~'ley was not available. Our reco~endation to the City
Councii is as foil,s=
I. ~at the City~nager~s re~endatton, contained in his
letter.of ~rch 6~ to the Council relative to main~nance
of finger'canals, be accepted, ~at being ~at ~e City not
undertake the endless and cost prohibitive project of main-
taining ~e City's canals.
~ile the City Administration is confi~ent, from its legal re-
searS, ~at the City has no legal responsibility to maintain
~ese canals (Plori~a S~tutes 177.10), ~he minority of the
Committee, ~. ~rney and ~. Crowley, would l~e to go on re-
cord as feeling ~e City does have this ree~nsibtlity.
2. In acuordance with ~e City ~gineer~s ~morand~ of March
18~ relative to one specific problem, that t~ City Council
may. wish to consider taking corrective action regarding removal
of fill from the west end o~ the ~u~ Grande Canal. it is the
Committee's feeling ~at this fill ~sulted from a previous
drainage problem~ further, that the City, if it wishes to con-
sider removal of this fill, should do so with the clear under-
standing that-this is a unite situation and ~at in doing
~ ~uld not be establishing a prec~ent for o~er areas.
City Engineer's estimate of ~e cost involved in removing the
estimated ~.~95 cubic yards .of material by City forces is ~1,268,
or approx!~ly $1.16 per c~ic yard. ~is involves the use of
the City~ ~t~rane and ~ree trucks for a period of seven
~rking days.
Inasmuch as the City has a ~e for ~e fill, by deducting the
value of the fill material fr~ the total cost of the p~o~eut,
we estimate in actuality a ~of approximately $550 ~ul~ re-
sult from removal of this material.
3. We further reco~end;that ~e Co~ittee explore the possibi-
lity and the desirability, of encouraging maintenance of existing
"seawalls and construction of seawalls where they do not
exist. We feel that these unDrotected land areas erode
excessively and in doing so, fi1! in at an excessive
~t is hoped that by encouraging seawall construction, pro-
perty owners will realize a greater value for their pro,
perry;"
RepOrt No. 2, signed by the Committee Minority, John E. Var~y and
He~ry D. Crowley, is as follows=
!'Minority Report of the Committee To'Study Ways and
For Maintenance Of Finger Canals Within The City Limi~s:'of
Delray Beach In The Tropic Isle Sub-Division.
The Committee Minority ts cognizant of a Report dated March
6, 1964 relative to this s'ubject which was submitted bY the
~ty Manager R.J.'Holland. This report purports to dev~lop
~te~not covered in the City Manager's report with a'~W
t~ward giving the Mayor and City Council additional information
upon which to base their opinion. The following items are
submitted for consideration=
1. The City of Delray Beach approved and accepted the final
Plats of the 1st, 2nd, 3rd and 4th sections'of Tropic Isle
as submitted bY the Sub-Dividers, and thereby entered into
four legal co~traots which permitted and accepted the dedica-
tion of the W~terways or:Canals'within that sub-division as
dedicated to the-'Public. At the time of annexation the City
did not require a Bond to assure the execution of certain
promises, assurances and proposals on the part of the Developer~
The Waterways or Finger Canals under discussion have been the
property Of the City s~nce the acceptance or contract date on
the four above mentioned Plats. It would seem, therefore, that
the City is legally responsible for the maintenance of those
Waterways or Finger Canals.
2. Assessments of waterfront property in that area are higher
than on property without waterfront and it is assumed that the
higher taxes-entitle the waterfront property owners to main-
tenance by the City of the Canals to a depth which will permit
small Craft to moor at the property owner*'s dock st all tides.
3. The average depths of the Canals under discussion have
been relatively constant for several years where there are-
properly installed and maintained seawalls. It should be
noted here that the installation and maintenance of seawalls
ts the responsibility of the property owners whose property
fronts on the canals.
4. PreSently the only known area ~here insufficient docking
depths exists is at the west end'of South Grande Canal Which
lies between Bolender Drive and Tropic Blvd. In this instance
a storm sewer drain pip~ empties into the canal at is west
end and has deposited so much soil and sand that the canal
bottom is exposed-when the t~de is less than at low water.
This, of course, precludes docking small craft in that area,
creates a health hazard and is quite odorous. This is con-
sidered a City responsibility warranting immediate correction.
5. The repor~ced water depths in the middle of the'canals
average six to seven feet at mean low wa~e~ and this ~epth has
been constant for several years and will probably continue to
remain sobarring such instances as the foregoing'. Under normal
conditions most erosion materials have a ten~e~ncy to drain off
-15- 4-13-64
5 Conttd"~he canal bottoms into the Intra-Coastal waterway
with the ebb and flOW of.the tides/for the bottom of the
Intra-Coas~aI is come five to six feet below the bottom of
the canals.
6. It is not considered necessary to dredge any of the canals
referred to herein at this time with the exception of the West
end of the South.~rsnde Canal and it is the consensus of the
Com~ittee Minority that based on the constancy of. the depths
at which the other canals have r~mained for the past several
years a, ld their drainage into the.Intra-Coastal waterway that
there should be no need to dredp~ the length of any canal and
that probably the only maintenance requi~ed will be in spot.
~reas such as the foregoing instance.
7. The following recommendations are submitted=--
a. Concerned tax,payers, it would seem are entitled to .... ·
have the depth of the canals'in front of their seawalls
imaihtained by the City so as to permit mooring small craft
to their docks.
b. The west end of South Grande Canal should.~ be immed£ately
cleaned out to permit the mooring of small craft in that
area and also to alleviate a health condition which has
been created by the City storm-sewer draining into the area.
c. A study should.be made by the City Engineer Dept. as
t° the amount of spoil the sewer drain is depositing and
remedial measures taken if necessary.
d. A study should be made by the C~ty with a view toward
developing ways and means for completing the instal~ation
of seawalls the entire length of all canals in this area,
in order to minimize the amount of erosion into the canal."
Report No. 3 by City Manager Holland, dated APril 10, 1964,is
as follows:
"subject= Finger Canal Committee Report
Upon receipt of the attached report from Mr. Varney and Mr.
Crowley regarding their contention that the City is obligated
to maintain finger canals a'ndfurthe=, that they recommend in
Point (6) ~It is not considered necessary to dredge any of
the canals referred to herein ~ ~thi.~ time w~th the exception
of the west end of the South ~ Grande CanaI!, we do not feel
safe in reco~ending to the COuncil that the west end of the
South Grande Canal be dredged.
we feel if the City should undertake this, such action would
be construed as accepting the responsibilities for canal main-
tenanceo
The co~unittee report, as submitted by the City Manager under
date of March 6th, indicates the cost prohibitive nature of
this project and the legal facts reIating thereto."
There was lengthy discussion concerning the storm sewer drain
that empties into the west end of South Grande Canal, and City Engi-
neer Fleming explained the manner in which the drain had originally
be~n installed,which ~aused much soil and san~ to be deposited ~n
the west end of sa~d canal, further, explained that since the storm
sewer drain ha s been properly installed,there is no longer a d~posit
of sa~d in%o the canal.fromsame.
-16- 4-13-64
It was questioned as to whether the City would be setting a
precedent in canal maintenance if they did clean t/9~ west end of the
South Grande Canal, and City Engineer Fleming commented as follows:
"As to the obligation which the Council might take upon itself if
t~9~ ~hould decide to clear the canal at this point, I can 8~y that
wh~ they built the Federal Highway through the City, the contractor
caused sand to drain into the Intracoastal Waterway, forming a fill
iB the Intracoastal Waterway. This, he was obligated to re~ove at
hi~ Oost, which seems a comparable situation to that of the
havSn~ the developer or representative of the City having caused this
to enter into the canal, they could, without prejudicing their action
t~ward regular maintenance of canals, cause that to be removed."
Mayor Avery referred to.Report No. 1, and a quoted cost of
approwimately $550.00 for removal of said material in the w~st end
of Sopth Grande Canal, and asked if there was any way this money
c~u~dbe obtained from the developer of Tropic Isle Subdivision, as
said condition had been caused by his negligence.
City' Engineer Fleming commented as follows: "we did
I b~lieve, a portion of payment Of the water lines,which we ~e still
paying from a part of the water revenue received from the subdivision
to the developer. We are still making payments to him on that. If
that can legally be withheld to defray the cost of this expense, I
think we can do it that way."
Mayor Avery asked the City Attorney if money could legally be
withheld to defray the cost of the expense of removing said fill
from the canal.
City Attorney Adams said he would like to reserve the right to
answer said question at a later meeting, but the City would have to
show there was some kind of negligence on the part of the developer
which resulted in damage to the City.
It was explained that if the City did this work, the $550.00
would not have to be appropriated from any fund as the money was
already budgeted for men and equipment and they would be used to do
that work in preference to some other City work they may be doing.
City Attorney Adams reported that from all information received,
there is no City in Florida that has undertaken the maintenance of
finger canals. Further, he did not believe the cleaning of the
west end of-.~outh Grande Canal coul~ be considered as the maintenance
of a ~al, as this was a unique condition.
Mr. Croft inquired about the approximate portion of finger canals
that did not have seawalls, to which City Engineer Fleming said ap-
proximately 20 percent did not have.
Mr. John'.E. Varney commented at length concerning the condition
of the west end of the South Grande Canal, and said if it was cleaned
out, he did not believe it would get in that condition again since
the storm drain had been properly installed. Mr. Varney informed the
Council that there were three lots at the end of the canal, that said
lots were not built upon, and would probably not be able to be sold,
or at least built upon, until the condition of the canal had been
improved.
Following lengthy discussion, Mr. Saunders moved to accept the
majority report, which is referred to as Report No, 1, and clean out
said canal at a coat ~f approximately $§50.00,.that being the extent
of work on canals. The motion was seconded by Mr. Talbot.
Mr. Avery said it had been. moved and seconded .to accept the
majority report-~hich would provide for not accepting any responsi-
bility in the maintenance of finger canals in the future, but would
provide the dredging out of the South Grande Canal due to fill caused
by a storm drain, and not to be construed as canal maintenance.
It was pointed out again that to accomplish this would not re-
quire any transfer of funds.
Upon call of roll, the motion carried unanimously.
~17- 4-13-64
9.b. Regarding analysis and recommendations concez~ing present and
future water supply and treatment, the City Clerk informed the
Council that the detailed report on same, combining the analysis
report of Russell & Axon, together with the City Engineer's
corm~endations relative to sa~d capital improvement progra~had not
been received in time to send out withthe agenda.
Mr. Barrow moved that this ~tem be tabled at this time and
placed on the agenda of the next regula~ meeting, ~he motion being
seconded by Mr. TaLbot and Unanimously carried.
9.c. City Clerk Worthing presented the following final con-
struction cost report on the Catherine E. Strong Community Center=
Report of Final ConStruction Costs.
March 27, 1964
Beach Disaster & Imp~o¥~maDt Fund
Building $ 63,228.33
Improvements to Grounds 2,173.50
Bar-B-Qua Grill & Tables 370.00
Refrigerator 235.00
Range 330.00
Folding Tables (10) & Chairs (150) 780.30
TeleviSion 209.95
'~urniture 278.68
Playground Equipment 1,177.85
Movie Projector 493.90
With the completion of this pro~ect a balance of $28.~9
re~ains in the account entitled ~Reserve for Improvement
of Beach Property' in the Beach Disaster & Improvement
~und.
It is requested that the City Council authorize the transfer
of this $28.89 for Beach D~saster purposes and that the
title of the Trust Fund be amended'to read 'Beach Disaster
Fund'."
Mr. Croft moved to authorize the transfer of said $28.89 for
beach disaster purposes and that the title of th~'tt~st fund be
amended to read "Beach Disaster Fund", the motion being seconded by
Mr. B~row and unanimously Carried.
Mr. Talbot asked What balance there was in the Beach Disaster
Fund, and Finance Director weber said there was $4.,263.77 plus an
amount in the General Fund of this year~s budget available for trans-
. far to said fund in the amount of $60,000.00.
10.x. ~ityManager Holland presented the following Memorandum from
Wade M. Cartes, Superintendent of Parks, dated April 13, 1964~
"Subject: Cemetery
With reference to Section 5, Rule 2 of the Rules and Re-
gulations governing Delray Beach Cemetery it states the
following:
Charges for Services to be Charged -
-18- 4-13-64
"Interment $15.00
Disinterment 15.00
Marker Foundations
~ental Tent, Lowering
Device, Grass 10.00
Since these rules and regulations were set up, workmen!s
wages have continued to rise and we find we need to in~resse
the service charges. Therefore it is recommended that
~ollowing increase for services be made.
I~terment $25.00
Disinterment 25.00
Marker Foundations 5.00
Rental Tent, Lowering
Device & Grass 20.00
It is also recommended that we be given at least 24 hours
notice of funeral, and that no funeral be scheduled later
than 3~00 P.M,"
During discussion, Mr. Croft asked if those prices and regu-
lations would apply to the entire cemetery, and City Manager Holland
said they would apply to anybody using said cemetery.
Mr. Barrow moved that.this item be tabled and placed on the
agenda of the next CoUncil meeting, and that a copy of said memor-
andum be sent to each Councilman, the motion being seconded by Mr.
Talbot and unanimously carried.
10.x. Mayor Avery suggested that the Council request the City Manages
to use all of the facilities at his command to give the Council a
complete analysis and his recommendations on the.operation of the
City Cemetery. This analysis sh0Uld inform the Council jus~ how the
Cemetery is being operated and give., any recommendation~ for its
improvement, further, that this could not be a hasty report.
Mr. Talbot moved that the City Manager be directed to prepare a
detailed report on the Cemetery operation,with recommendations, if
any, for the improvement of said operation. The motion was seconded
by Mr. Saunders and carried unanimously.
10.x. City Manager Holland informed the Council that he was in the
process of having new City stationery printed and asked if the Coun-
cil would desire or permit their names being, printed.on City sta-
tioner~ to be used at certain times when it was desired, further,
that there would Only be a limited amount printed for the present
Council as there were changes each year. The Council gave their
unanimous consentto the City Manager for. printing said stationery.
10.x. Mr. John B. Varney of Tropic Isle Subdivision asked what was
necessary in order to change the speed limit on South Federal High-
way from about S. E. 10th Street to south of Tropic Isle and Tropic
Palms Subdivisions.
Mayor Avery informed Mr. Varney that the proper procedure would
be to request the State Road Department to review the speed limit,
as they had the complete control of setting thespeed limit On that
highway.
During discussion, it was mentioned that such a request had
previ0uslybeen made, but had not-resulted in a lowering of the speed
limit.
Following discussion, Mr. Saunders moved that a request be made
of the State Road Department to consider the request that the speed
limit be lowered in said area with the conditions relating thereto
set forth. The motion was seconded by Mr. Barrow, ~d carried un-
animously.
~-19- 4-13-64
Mr. Varney said he believed s 45 mile an hour speed limit
be ample in that area instead of the present 65 mile an hour limit.
City Clerk Worthing said it is his understanding that the are~
concerned with said speed limit is the ent.i=e area between Delrsy
Beach and Boca Retch, and specifically, the area in the vicinity of
the entrances to Tropic Isle and Tropic Palms Subdivisions.
10.a. City Clerk Worthing presented a bill in the amount of $135.00
from City Attorney Adams for extra services involving a court case
end,in connection with exchange of propertY between the City and
Pauline King, and also presented Bills for Approval as follows:
~eneral Fund
water Fund - Operating Fund 24,569.67
Improvement Fund 3,916.00
Spec~a! Trust Account - First
Nation&l Bank of Delray Beach 9,757,90
Special Trust Account - Delray
Beach National Bank 94,587.21
Mr. Croft moved that ss~d bills be paid, the motion being se-
conded by Mro~Talbot. Upon call of ro11, Mr. Barrow, Mr. Croft, Mr.
Saunders and Mr. Talbot voted in favor of the motion and Mayor Avery
was opposed. MayOr Avery qualif~ed his vote in that there was a bill
from a company with which he was connected.
The meeting a~journed at 10:50 P.M., by order of Mayor Avery.
R._ ~. WORTHING.
City Clerk
APPROVED:
-20- 4-13-64
RESOLUTION NO. 1479.
A RESOLUTION OF THE CITY COUNCIL OF TH~
CITY OF DELRAY BEACH. FLORIDA~ PROVIDING
FOR.. EXCHANGE OF CITY OWNED LAND FOR OTHER
LANDS MORE SUITED FOR MUNICIPAL ,US~..
WH~P~AS, the City of Delray Beach, a municipal corpo-
ration, is the owner of the following described land, to wit=
The South sixty (60) feet of Lot 17, Block' 92,
Delray Beach (formerly Town of Linton) Florida
according to the plat of the re-subdivision of
Blocks 91 and 92 and ~he west Half of Block 99
recorded in the office of the Clerk of the Cir-
cuit Court. in and for Palm Beach County, Florida,
in Plat Book 2 at page 21.
which land, in the opinion of the City Council, is not needed
for municipal purposes'; and
WHEREAS, Walter W. Cock and Zula S. Cook, his wife, are
the owners of the following described lands, to wit=
Lots 24 and 25, Block 92, Delray Beach (formerly
Town of Linton) Florida, according to the plat
of the re-subdivision of Blocks 91 and 92 and the
West Half of Block 99, recorded in the office of
the Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 2 at page 21.
which lands the City desires to acquire for m~nicipal purposes~
and
WHEREAS, the City of Delray Beach, Florida, has deter-
mined by competent real estate appraisers, the respective pro-
perty values~ and
WHEREAS, in the opinion of the City Council, it is for
the best interests of the City that the land above described
owned by it be exchanged for the lands above described owned by
walter W. Cook and Zula S. Cook, his wife~ and
WHEREAS, a notice setting forth the terms and conditions
of the above described exchange of real property was published
once a week for two weeks in the Delray Beach News Journal as
required by Section 7 (2) ~b) {1) of the Charter of the City of
Delray Beach, Florida~
Page 2. Resolu~ionNo. 1479.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY O~ DELR~Y BEACH, PLOP~DA, AS FOLLOWS:.
1. That the aforesaid parcet"~f land owned By the City
of Delray Beach be exchanged for the property above described
owned by Walte~ W. 'Cook and Zula S. Cook, his wife. That the
terms of said exchange shall be as set forth in that proposed
exchange agreement which is attached hereto.
2. That it is further resolved that the a~propriate
municipal officials are hereby authorized and directed to enter
into appropriate contractsand execute deeds of. conveyances in
compliance with this Resolution.
PASSED and ADOPTED by the City Council of the City of
Delray Beach this the 13th day of April , 1964.
/E/ AL..C. AVERY
...... M'A yo R -
ATTEST:
/~/~. D. wo~
City Clerk
RESOI`UTXON NO. 1480.
A I~SOLUTION OF THE CITY COUNCIl, OF THE
CITY OF DI~LItAY BF, ACH, FLORIDA, VACATING
AND ABANDONING THAT PORTION OF NORTHEAST
SEVENTH STREET LYING BETWEEN THE EASTERLY
RIGHT-OF-WAY LINE OF NORTHEAST EIGHTH AVE-
NUE AND THE WESTERLY R/GHT-OF-I~AY I`INE OF
PALM TRAIL, SAID PORTION OF NORTHEAST
· SEVENTH STREET BEING TWENTY FEET IN WIDTH.
W~ERFA~S, the right-of-way dascribed above has not
been opened and developed, and
WHEREAS, Coi`FJiAN F. CARROLL AS BISHOP OF THE DIOCESE
OF MIAMI, the owners of the property abutting said right-of-way
requested the vacation and abandonment thereof as said right-of-
way is no longer required for providing egress and ingress to
any lands and should therefore revert to the original owners or
their successors or assigns.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACh, FLORIDA:
That pursuant to Section Seven (7)0 Paragraph Three
(3) of the Charter for the City of Delray Beach, Florida, we
hereby declare the following right-of-way in the city of Delray
Beach, Florida, to b~e vacated and abandoned:
That portion of Northeast Seventh Street
lying between the easterly right-of-way
line of Northeast Eighth Avenue and the
westerly right-of-way line of Palm Trail,
as appears in Plat Book 23-123, Public
Records of Palm Beach County~ Florida,
said portion of Northeast Seventh Street
being twenty feet in width.
SUBJECT to the abutting property owners, or
their successors or assigns, granting an
EASEMENT over the hereinabove described right-
of-way as shown on Plat of MARTHA'S VINEYARD
(F~subdivision of Block 3 - Hofman Village}
per Plat Book n~entioned herslnabove.
PASSED AND ADOPTED in regular session' this the 13th
flay of April, 1964.
MA yOR
ATTEST:
City Clerk' '"
Il:
ORDINANCE NO. G-529.
AN ORDINANCE DECLARING THE INTENTION
OFT HE CITY OF DELRAY BEACH TO ANNEX
CERTAIN LANDS LOCATED EAST OF SECTION
16, TOWNSHIP 46 SOUTH, ~ANGE 43 EAST,
TO THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, it is deemed for the best interest,
safety, health, a~dgeneral welfare of thecitizens of ~he
City of Delray Beach, Florida, that certain~'lands be a~exed
k° the City of Delray Beach~ and
WHEREAS, said tract of land is contiguous to the
present boundary of territorial limits of the City and that,
when annexed, it will constitute a reasonably compact addition
to the inCOrporated territory with whichitis combined~ and
~EREAS, there are less than ten freeholders and/
or registered electors contained in the area which is to be
annexed~ now, therefore,
BE 'IT ORDAINED By THE MAYOR AND C~TYCOUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
SECTION 1. That in accordance with SeCtion 185,
as amended, of the charter of the City of Delray Beach, and/or
Section 171.04,. FlOrida Statutes (1963) upon the expiration of
30 days from the final passage of this Ordinance, the City of
Delray Beach shall bY ordinance annex the following described
lands, making them a part of'the corporate limits of the City
of. Delray BeaCh, Florida, viz=
That portion of Submerged land lying
beneath the Atlantic Ocean, bound-on
the North by the Easterly prolongation
of the North line of Section 16, Town-
ship 46 South, Range 43 East, bound on
the South by the Easterly prolongation
of the SOuth llne of said Section 16-46-43
and running three miles Easterly from the
following described property:
All of the lands designated on that certain
plat of the Fractional East half of Section
Sixteen, Township Forty, six South, Range
Forty-three East, as recorded in Plat Book 1,
page 25, Pal~ Beach County public records as
"OCEAN ROAD" and also all lands, if any, lying
~et of that pOrtion of said plat designated
aa ~0CEAN ROAD" down tQ the waters edge of the
Atlantic ocean.
SECTION 2. That this Ordinance shal~ be Published
in full ~Dce a week for four consecutive weeks in the Delray
Beach News Journal.
Page 2. O~dinance No. G-529.
SSCTXOE 3. ~uali'fied objectors may object
to such annexation within the time and in the manner
provided by Section 185.of the Char2er of the City o£
Delray Beach,. Florida end/or Section 171.04 of the Florida
Statutes (1963).
SECTION 4. Should any section, .clause or
:provision of this Ordinance be declared by a Court of
CompetentJurisdiction to be invalid, the same shall not
affect the validity of. the Ordinance aa a whole or any
part thereof,:other than that pa, r~ s= declared to be in-
Passed in, ~egUlar sessto~'on the second and
finaI reading on'~his th~' 13th day of April, 1964.
' .../$/ AL. C. AVERY
ATTEST ~
/S/ R. D. W0RTHING
CltY Clerk
March 2, 1964
First Reading . .
Second Reading' Apr$1 1~, 196k
o~D~cE ~o. o-532.
AN ORDINANCE O~ ~ C~ ~CIL OP ~ CZ~ OP
D~Y B~ C~TA~ ~, ~Y ~ 37, ~
ISTI~ ~ICIPAL L~TS OF ~ID CI~
~ ~RIES OF ~ZD CITY ~ INCL~E ~ID
PRO~DING ~R T~ ~S A~ OBLI~TIONS OF
~S, ~LL~ D. ~0~ and ~R~IN~ M. S~O~
w~fe) are the fee simple 'o~ers of the property hereinafter descri~d,
and
~s. sa~d ~~ D. s~K and ~I~A M; S~a~K
(his w~fe), by ~e~r ~ition,. have consented and given ~ss~on
the ann~ation of sa~d property by ~e City of ~lray Beach, and
~S, ~e City of ~lray Beach' has heretofore been au~or-
ized to a~ex lands ~n accordance wi~ Section 185.1 of ~e City
~arter o~ said City granted to ~t by ~e State of Flor~da~
- Now. ~~, ~ ~T O~I~D ~ ~ C~TY ~C~L OF
SECTION 1. ~at ~e City Council of the C~ty of ~lraY Beach,
Palm Beach COunty, Florida, hereby ~e~es to sa~d C~ty the following
descried ~ract of land located ~n Palm ~e8~ County, Florida, which
lies contiguous to sai~ City, to-wit~
~at traut of land, namely ~t 37, ~ke Shore
Estates~ ~r Plat ~k. 2~, ~ge 26,
Records of Palm '~ech 'County, Florida.
SE~0N 2~ ~a~ the bo~d8r~es of ~e City of .Delray Bea~,
Florida, are hereby z~e~ined so as to ~nclu~e ~ere~n the above de-
scribed tra~t of la~ ~a~ sa~d. land [s~ hereby dec'lared to ~ wi~n
the cor~rate'"li~s-of the C~ty of ~lray Be~, Florida.
SE~t0~ ~..~. ~at th'e tract of land hereina~ve descri~d' ~s
'hereby declared ~o ~ in zoning Distr~ct R-~, as defined by ex, st-
ag ordinals of ~e C~ty of ~lray ~ach, Flor~a.
SE~ION ~. ~at the lan~ here~nabove descried shall ~m-
media~ly ~come s~ject to all of the franchises, privileges,
mun~t~es, debts, obligations-, l~ab~l~t~es, ordinances and laws to
whi~'[ands in ~e C~tY of ~l=ay ~ach are now or ~y be, and per-
sons residing thereon sha, lI ~ deemed citizens of the City of ~lray
Bea ch.
S~ON 5. ~at ~f any ~rd, phrase, ciause, sentence or
part of ~i~ ordinan~ ~hal~ ~ declared illegal by a co~ o~ com-
~ten~ j~sd~lon, su~ record of i11egal~ty shall ~n no way
affect ~e re~ining' po=tion.
PASSED in re~lar session on ~e second and final reading
on ~is ~he 13t~ay of Apmil, 196~.
,.
MAYOR
A~EST =
City Clerk
First Reading ,~C~ a3~ ,m)~' , . ~ ~cond ~ad~ng AP~~1 ~13, 196~
ORDZI~NCE NO. ~-534.
A~ ORDINANCE oF ~ CZ~ ~L OF ~ CITY OF
~Y ~, F~, ~~'~ ~ C~ OF
'D~Y,B~, ~S 21 and 22, ~ ~
BO~ES OF ~ID ~ ~ INCL~E ~ID PRO-
PERTIES~ PRO~DI~ ~R ~ ~GH~ ~A~ OBLI~TIONS
OF '~ID PROP~ES~ A~ P~DI~ FOR ~' ZO~NG
~R~F.
~, ~ T. ~ and ~~T M. ~ (his wi~e)
are ~e fee simple ~ers of ~e properties hereinafter described, and
~S, said A~ T. ~ a~..~~ ~. YO~ (his
wife), by ~eir petition, have consented and given permission for the
annexation of said props=ties by ~e City of ~lray Beach, and
~S, ~e City of Delray ~ach has heretofore
authorized to annex lands in accordance wi~ Section 185.1 of
City ~arter ot said City granted to it by ~e State of Florida~
CITY OF DEL~Y ~, F~ AS FO~:
.S~C~ON.1. ~at the City Council of ~e City o[ Delray
Beach, Palm Beach Co~ty, Florida, hereby annexes to said City the
following deecrib~ ~rcels of land located tn Palm Beach County,
Florida, ~i~ lie contiguous to said city, S~ECT to conditions
set forth hereinafter~
~ose parcels 0f land, namely Lots 21 and 22,
~ke Ida Manor. ~r. Plat Book 23, page 138,
P~lic Records of Palm Bea~ County, Florida.
SE~ION 2, ~at ~e ~daries of ~e City of Delray Bea~,
Florida, are hereby redefined so as-to include therein the a~ve de-
scribed parcels of land which are hereby declared to ~ within
~rporate limits of ~e City of. ~lray Beach, 'Florida;
SR~ON' 3~ ~at ~e parcels of land hereinabove described
are hereby declared to ~ in Zoning 'District R-~, "as defined by
existing ordinances of ~e City of ~lray Beach, Florida, and the
o~ers shall be ~ttt~ to s~tvide the heretna-bove described
properties into ~ree lots wi~ ~e following metes and bo~ds~ the
~ co,er lo~s to have 95 foot frontage on'N. W. 9th Street
100 foot dep~, ~e center lo2 to be 93.88 foot trontage on N. W. 9th
Street wi~ 100 foot dept.
SS~ION:4. ~at the pro, tries hereinabove described shall
i~ediately ~o~ subject to all of .the franchises, privileges, im-
m~ities, debts, obligations, liabilities, ordinan~s and laws
which pro~rties in the City of ~lray Beach are now or may be, and
persons residing. ~ereon shall be deemed ct~'zens of the City
Delray ~ach.
SE~IO~ 5. ~at if any ~rd, phrase, clause, sentence or
part o~ this ordinance shall be declared illegal by a cour~ of com-
petent JUriSdiction, such record of i11~ality shall tn no way affect
the remaining portion.
PASSED in regular session on the second and final reading
on this ~e 13th day of April,
,
MAYOR
cit~ '~lerk- '
First Reading .March ~3~__19~ _ Second l~e~q A~rtl 13~ 196k
ORDXNANCB NO. G-533.
AN ORDZI~M~CB OF THE CZTY COUNCZ~. OF THE CZ~Y
OF .DELRAY BF~C~, FLOI~DA, ABNEXXNG TO THE C~TY
CSR'I~AZN IR. ND Z, OCA~BD IN SBC~I'OEI 28, TOT~,'NSHIP
46 SOUTH~ ~IABgB 43 BAST, T~'rcH LAND ZS COI~ZGU-
OUS '1'0 EXZS?:Z~3 NTJNZCZPAL I,ZNZ~S OF SAID CZ'I'Y~
R,EDEFZ~.T~/G ~ BO~RZES OF ~*rD CZTY '10 ZN-
CZ, ODE SAZD, Z~zI~D~ PROVI;DZZ~t EOR ~ RZGHT$ AND
OBZ,ZGATZOBS OF s~'rD I,~BD~ AI~D PROVZD/I~ FOR
THE ZONING THF~BOF.
~IBRFAS, 'it is deemed for the best interest, safety,
health, and general welfare of the citizens of the Cit~ of Delray
Beach, Florida, and the owners of the hereinafter described real
property that said land be annexed to the City of Delray Beach, and
WHEREAS, said land is contiguous to the present bounda-
ries of territorial IimiYs of the City, and the owners of record
of sa~d land hereinafter described have consented and given per-
mission for the annexation of said land, and
~IEI~A$, the City 'of Delray 8e~ch has heretofore .been
authorized, to. annex lands in accordance with 'Section 1SS. 1 of
the City Charter *of said City granted to*it by the State of
Florida ~
NO~, THEREFOI~, BE XT ORDAZBED BY THE CZTY COUNCXI~ OF
THE CZTY OF DELRAY BEACH, FLOI~TD~, AS FOr.LOWS~
..SE.CT~0~. 1. That the ¢it¥ Council of ~the City-.of 'Delray
Beach, Palm Beach County, Florida, hereby annaxaa to said City
the follO~in~ described parcel, of land located in palm Beach
County, Florida, which lies contiguous to said City,
That tract of land in Section 28, Township
46 South,. Range 43 East, Palm Beach County,
Florida, described as follows:
All that part of the parcel legally described
lying Bast of the East right-of-way of State
Road No. 140, as follows: A.part of Section
28, Township 46 South, Range 43 East, being
all that part of the North 100 feet of the
South 1700 feet (reassured at right angles to
the Bast and west .quarter sectto..n %ins through
said section) of that part of said Section which
lies North of. the East and west quarter Section.
line through said Section and lies East of the
Easterly right-of-way line of the IntraCoastal
Waterway {Florida Bast Coast Canal) together with
all riparian rights and littoral rights '.thereunto
belonging or in anywise appertaining, and subjec~
to a right-of-way 100 feet throughout,, running
Northerly and Southerly through said tract-, as
heretofore conveyed to the State of Florida for
State Road No. 140, and subject to reservations
of record~ otherwise'".describad as that part'o~
the North 100 feet;of the South 1700 .feet of
~overnment L~t 1~. Section '28-46-43 (measured at
right angles.'to, the East-West ~artar Section
line of .said Section 28) lying East 6f the Easterly
right-of-way line of State. Road No. 140,
(The said East and w~at quarter section l~.ne . :'.
3~2-I
Page 2, Ordinance No. G-533.
th[-o~igh ':ili:l.d; ~ction '28 !.s
POrit~d And Basiett'"w;' MiecheIi<in6 ~rY Start
Nitche'll~ !'his.wife; d.aied'~er"26'. 194i; re-
cO,did in De~d'B~ok 642~' page'47~,
Beach '~o~ty, Florida ~p~IAC re~OrdS;)
SE~XO~ 2.. ~at ~e bounda~ies-of: the City:of Delray
Beach, Florida, are hereby redefined so as to include therein
~e above descri~ parcel of land, and said land is-hereby
clared to ~ wi~in ~e co,orate limits.of the City of Delray
Beach,. Florida.
SE~XON 3.. ~at the ~act of land heretnabove descried
is hereby dec.~red to be in.~Zoning DiS~ict R-3, as-de'fined by ex-
isting ordinances ~ ~e City of Delray.Beach, Florida.
SE~ION 4. ~at ~e land hereinabove deacr~ shall
i~ediately become s~ject to all o~ the iranchises, privileges,
tm~ities,, debts (exc~ the exist~g ~nded inde~edness),
obligations, liabilities, ordinances and .laws to which lands in
~e City of :Nlra~ Beach are ~o~ or' :~y b.e, and persons residing
thereon shall be deemed citizens of ~e City of ~lray ~ach.
SE~I~ 5. ~a~ 'ii an2 ~rd~ phrase,= cXause, sentence
or part of this Ordinance shall ~ .declared. ille'gal~ b~ a cour~
of com~tenk jurisdiction, such re.rd o~ ill~ality shall in
no ~y allec~'.~e remaining ~rtion.
.PgSSBD in raga~ar sesai~ on :the second and. ~final reading
on this ~ 13th day of April, 1.96~.
/$/ AL. C~..AVERY
~TTEST:
City ,Clerk
Second Reading .Ap~il.13~._.l~ . : ,,
ORDZ~NCE NO. G'53S.
AN ORDZI~,~E OF ~ CITY ~CI~ OF ~ CITY OF
D~Y ~, F~, ~~ ~ ~ CZ~ OF
DB~Y ~ ~AZN ~ ~ l~ ~ION 5,
~Z~US ~ E~STZ~ ~CZ~L ~ZTS OF ~ZD
CZ~ ~Z~NG ~ ~~ES OF ~ZD CZ~ ~
Z~E' '~XD ~Z PRO~DX~ FOR ~
O~ the property hoEeXnaf2or doscr~d, and
consented and qXvon ~X8~ion ~or the annexation o~ ~Xd pro-
po~ty by ~e City o[ ~lray Bea~, and
~S, ~e City of ~lray ~a~ has heretofore
au~or~ze~ to lnnex l~n~s ~n ac~r~an~ ~ith Sect~o~ 18~.1
~e City.~ar~er of s~ 'C~ty grante~ to ~t by ~e state of
Flor~da~
SE~ZO~ 1. ~at ~e,City ~uncil of the City of ~lray
~ach, Palm ~ach ~ty, Florfda, hereby annexes to said City
the following ~escribe~ tract of ~an~ ~ocate~ ~n Palm Beach
~unty, FlorL~a, ~h 1~e8 contiguous to sa~d City, 8~ject
conditions hereinafter set for~.
A tract of lan~ in Section 5, ~8hi~ 46 South,
~ngo 43 ~8t, Pal~ Beach County,
~ginn~ng at a point ~n ~e Nor~ s~reet line
of P~ner~go Roe~ (N. W. 22n~ Street) as 8ho~
on 8~v~sion plat of ~ke ~ore Estates, Plat
Book 25, page 26, Palm Beach ~unty records,
sa~ poin~ing 684 feet ~sterly'from. the East
boundary l~ne of sa~ Section 5~ ~once
erly parallel to sa~ East beggary line a ~8-
~nce of 369.13 foet~ ~en=e Easterly a.~ an
angle of 90°-22'-16" to ~O preceding course,
~as~e~ from Sou~ to East a ~istance of 133.3
feet~ then~ ~rtherly~rallel to the EaSt
boundary of ~ Section 5 a ~stance of 219.~4
feet; thence Westerly parallel to the sai~
street line of N. W. 22n~ Street a ~stance of
733.3 fee~ ~hence Sou~orly parallel to ~e East
beggary line of sa~ Section 5 a ~istance of 430
feet~ ~once ~ster~y ~arallel to the Sai~ Nor~
l~no of N. W. 22nd Street a ~stance of 46~.49 feet
more or less to a ~nt on ~e Northerly extension
of the East line of ~% Dr~ve in sai~ ~ke Shore
Estates~ thenoe Southerly along sa~ l~ne a
~ance of 160 feet to-~thW 8ai~ ~rth l~ne of N. W.
22nd Street; ~onco"alo~g ~ North line a ~s-
tahoe of 1067.~8 feet ~o or less ~o the point o~
b~n~g. Sa~d trac~ oonta~n~g
Page 2. Ordinance No.G-$3$.
~' S.E.,~TXO~_2. That '~e '~oundaries of ~e City of ~lray
~, FI'OrA~, are he~by redefined .~ aa tO include therein
~e above descried ~a~ of ~a~, and said l~d iS-hereby
clared to be ~l~in ~e corporate limitg of-the Cit~
Beach, Florida.
SE~ION ~ ~at the tract o~ land-herei.na~ve described
is hereb~ declared to be in Zoning Dis~ict 'R-~:, as defined b~
existin~ o~dinances of ~e Cit~ off ~lraY Beach, Florida.
SE~XON 4. ~at Said~ tract of land herein descried
shall be assessed, for taxation pu~oses, on ~e basis
$1,500.00 ~ acre, contingent u~n any and all lots, as
become sold' or transferred, be~mi~ s~eet to ~1 taxation,
wi~ any remaining ~rtion o~ unsold or undeveloped areas re. in-
lng on su~ acreage
SB~XO~ 5. Xt bein~ f~e~ ~derst~d ~nd a~eed that
the Cit2 shall e~ wa~e~ dis~ibution lines ~s~rd ~rom
Point o~ ~ginnin~ ~ ~e hereina~ve described property, as
noted in Section 1 a~ve, ~ ~ke Drive, a distan~ o~ approxi-
metal2 106~ feet, also no~ward Erom said Point o~ Begi~minq
along Second ~venue, a di~ance o~ approximately 369 ~ee2,
thence ~tward to ~e cul'de-aac' as sho~ on ~e tentative
plat o~ said tract of land (Code Identification No. 72914)
attached hereto, a distance of approximately 510 feet, wi~out
cost to p~perty owner.
SB~IO~ 6. ~at ~e land hereina~ve described shall
i~ediatelM become s~ject to all of the franchises, privileges,
~nities. debts, obligations, liabilities, ordinances and la~s
to whi~ lands in ~e City of'~lray 'Bea~ are now or ma~
except as o~e~ise provided and set for~ in Sections 4 and
above, and persons residin~ thereon shall be deemed citisens
~e tit2 o~ DelraM Bea~.
SE~ 7; ~at if any ~fd, phrase, clause, sentence
or part o~ this O~dinance shall be declared illegal
competent ~isdiction, Such re'~rd of ~lieqalitM shall
af[ect ~e remaining portion.
Passed in~regula~' session off ~e second and final reading
on this ~e 13~h day of April, 196~.
/S/ AL. 06- AVERY
ATTEST:
· ,/s/ R. ....
City Clerk
First Reading ~aroh.. 23, 1964', ,
Second Read~ng AD~tl