05-25-64 375
MAY 25, 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. 0~ Avery
in the Chair, City Attorney John Ross Adams, Acting City Manager
Robert D. Worthing, and Councilmen Emory J.. Barrow, J. LeRoy Croft,
Jack L..Saunders and George Talbot, Jr., being present.
1. An opening prayer was delivered by the Rev. Marvin Sweat, Jr.
2. The minutes of the regular meeting of May llth and special
meetiDg of May 15th were unanimously approved on motion by .MX, Croft
and SeConded by Mr. Saunders.
3. Mrs. Charles-H. Green, formerly Mrs. Clara McMurrian, referred
to Agenda item 9.b. pertaining to a statement of the Chief ~ 9olice
relative to a request for additional walking patrolmen, and ~sked if
this item could be ~considered earlier this evening as there were in-
terested people present that would like to be heard on this matter,
and then attend a meeting elsewhere. The Council agreed to consider
Agenda item 9.b. following item 5.a.
3. Mr. L. D. Manning, representing the American Legion, Milton
Myers Post No. 65, requested permission for said American Legion Post
to place a 12" by 24" plaque in the new section of the Delray Beach
Cemetery at the base of the flag pole, said plaque to read "The Pole
and Flag erected in memory of the veterans of all wars, dedicated bY
the American Legion, Milton Myers Post 65."
Mr. Manning informed the Council that if permission was given,
they would make such dedication, and would also work with the Beauti-
fication Committee, who has some project underway in the new section
of the cemetery.
Mayor Avery said it was traditional over the nation for the
American Legion and Veterans of Foreign-Wars to place.~u~h plaques
in cemeteries, and that the Chair. would entertain a motion that this
request be .granted. It was so moved by Mr. Saunders. The motion was
seconded by Mr. Barrow and unanimously carried.
4.a. A roll call showed the following Civic Organizations and re-
presentatives to be in attendance:
Breezy Ridge Estates Mr. John Sword
De,ray Beach Board of Realtors Mr. Andrew Gent
Seagrape Garden Club Mrs. James Bowen
American Legion Post No. 65 Mr. Joe Bognar
Planning~Zoning Board Col. Andrew Fabens
Beach Taxpayers League Col. Dugal G. Campbell
Delray Beach Civic League Mr. John D. Well% Jr.
V. F. W., Post 4141 Mr. Paul Cummins
League of Women Voters Mrs. Charles Cross
Chamber of Commerce Mr. Paul W. Ledridge
Tropic Isle Civic Association Mr. John E. Varney
5. Mayor Avery invited Commander Joe Bognar of the American
Legion Post and Commander. Paul Cummins of the veterans of Foreign
Wars Post to the Council table, and read a PROCLAMATIOn; designating
May 30th as Memorial Day. The Mayor then commended said Commanders
for their work and asked them to review the plans for the Memorial
Day parade and program.
5.a. Mr. Croft informed the Councit of a movement in the southeast
part of the state~attempting to bring daylight savings time to Flori-
da during the summer montha. Further, that the Tri-County Govern-
mental League have that item on their agenda next Thursday night.
5-25-64
Mr. Croft asked the feeling of the individual Councilmen on this
matter,'and said he personally feels it would not serve too good a
purpose, especially if it was not state-wide.
Mayor Averycommented~ "Is it the idea of'the Tri-County
.'Municipal League that they Will attempt to spearhead the establishment
over the entire state?"
Mr. Croft reported that the Tri-County League wanted to know
the feeling of the people of Delray Beach as to whether they wanted
daylight sa~&~gs time established for the summer.
Mr. Barrow said he would be in favor of same if it was state-
wide.
Mr. Talbot, Mr. Maunders'and MaYor Avery Said they were not
in favor of the time change.
Mayor Avery commented as follows= "A motion is in order, and
I think quite proper, that you authorize Mr. Croft to express to the
League the'fact that we do not care for'daylight saving time, but
i~ it is.established, it.must be established over the entire state."
It was so moved by M~. Talbot, seconded by Mr~ Maunders and unanimous-
ly carried.
5.a. Mayor Avery informed the Council he had received a call from
a resident of Sunset Park. Subdivision, expressing dissatisfaction
with what he thought was a violation of the zoning ordinance. Mayor
Avery relinquished the gavel to Vice-Mayor Croft and moved that the'
City Manager be instructed to survey the situation in Sunset Park Sub-
division, and if any violations to the City ordinances exist,
the ordinances be enforce~. The motion was seconded by Mr. Barrow
and carried u~animously.
5.a. With the gavel still relinquished to Vice-Mayor Croft, Mayor
Avery Commented as follows= "The City is progressing in a very fine
manner in providing our playground facilities in the City. We have
just been informed that the County is now going to give us marl, and
I under~tand we are proceeding at once ko get the ball fields going.
One i~'south of the existing Little League Park, one is just north of
S. W. 4th Street between 2nd and 3rd Ave~es, and another at Teen Town
Center. There are other areas'in town~ particularly in the north
section, Which have absolutely n° ball fields or playgrounds, whatso-
ever. ! know that the City ovals property up on N. W. 4th Street, and
other properties. I would like to move that the Planning/Zoning Board
be directed to proceed to survey the recreational needs of the City
as pertains to playgrounds and ball fields all over the City, and give
us a report as soon as it is fea~ible, taking into consideration City
owned properties and properties which theyfeel .the' City should ac-
quire in the future." The motion was seconded by Mr. Talbot and
carried unanimously.
9~b. Concerning a request for additional walking Patrolmen in the
west sector of the City, City ~lerk Worthing read the following letter
from police Chief Croft, dated May 8, 1964~
"Ref: Complaint of Mrs. Green, West Atlantic Dry Goods.
As instructed by you, I enclose herewith, information per-
taining to ~her request for two walking patrolmen in the im-
mediate vicinity of her store. Your police department has
for many monthst spent many hour~ inthe surveillanc~ of
her property. We will ~continue this surveillance, in an
effort to apprehend and take to trial, the persons responsi-~
ble for h~r t~oubles.
I have contacted Chief of police william Barnes of West
Palm Beach, to ascertain from him. the~feasibility and
effectiveness 'of walking patrolmen. I am advised by Chief
Barnes, that he has two such patrolmen working from 6:00
-2- 5.25~64
377
"p.~m. until 2=00 a.m. Their area consists of about six blocks
in the very congested portion of Rosemary Street. Also,
according to Chief Barnes,. these menhave-acgess to cai1 boxes,
plus the use of the so called 'pa~dy.wagon', which ~,t~.~y keep
near them at all times. He does not recommend walking patrol-
men without some form of communication.
Mrs. Green Stated that she was promised by a previous council
that two walking patrolmen would be placed in the vicinity
of her store. I have no recollection whatever, of'any such
promise. I do recall however, that in the coUndil meeting
of July 8, 1963, after a lengthy discussion by Mrs. Green
and members of the council, Mayor Walter D~etz asked that
the city manager and myself consider this request i9 our
next budget. As you know, we have discussed this on several
occasions. At the time the budget was prepared, it was my
opinion the warrants did not justify these additional men.
We have however, added two employees to the area sinus 1962.
It is further my opinion, that such addition would adb very
little to the overall police protection in the western area.
Without communications, these men would be placed in a very
dangerous position, communications being a very vital element
in modern day police work.
Should the city decide to make such an addition to its police
department, the cost involved would be approx'imately fourteen
thousand dollars for the first year. It is my opinion, that
I could not in any way justify to the city council this ex-
penditure, for the value we would receive in police protec-
tion. .Therefore, ! cannot recommend Mrs. Green's request
for these additional men."
Mrs. Charles H. Green informed the Council that she had not
requested this police protection for herself, but for an area, and
asked that the tape of the. July 8, 1963 Council meeting be heard'~n
an endeavor to determine whether she and others had misunderstood
the meaning of what transpired to be a recommendation that the Council
consider placing two foot patrolmen in the area, or that same was
ordered to be placed in the budget.
Mayor Avery said he did not feel the tape would contribute any-
thing toward solving the problem at hand, and unless a Councilman
requested that the tape be heard to determine the action of a former
Council, that time consuming procedure would not be gone into at this
time.
Mrs. Green said with'the proposed widening of West Atlantic
Avenue, that area would soon be the front door to the City. She had'
talked about this problem with the Ministerial Association and had
been invited to the Delray Beach Civic League meeting concerning same.
Further, the Delray Beach Civic League has a petition to present to
the Council, and a delegation is present that would like to be heard
by the Council, in an endeavor to get West Atlantic Avenue policed,
cleaned up and presentable.
Mrs. Green talked at length on the very unsatisfactory con-
ditions that exist on West Atlantic Avenue and said that-it should be
policed and kept in the same order and condition as East Atlantic
Avenue.
Mr. John D. Wells, Jr., 709 N. W. 4th Street, Benjamin F.
Gibbs, 212 S. W. 11th Avenue, and Dave Hoggins, 327 N. W. 8th Avenue,
representatives of the Delray Beach Civic League, expressed their de-
sire to Council that the unsatisfactory conditions of West Atlantic
Avenue be policed, cleaned up and kept in a satisfactor~ safe con-
dition so that residents end visitors of Delray Beach would not avoid
or fear to trav~l.'satd street. Further, they h~d confidence in the
ability and leadership of'the Council, and feel this could be satis-
factorily taken care
-~--. 5-25-64
.Rev. S, Taylor, 1437 S. W, 3rd street, informed the Council
that such. unsatisfactory conditions as exSstare also unsatisfactory
to most of'the west section of Delray Beach, and offered any assist-
ance that the Council may desire in getting this sitUation
taken care of.
The following petition: with 73 signatures was read:
"The undersigned petitioners show unto this Honorable City
CounciI of'the City of Delray Beach, Florida, the following:
1. That there presently exist a deplorable situation in
reference to'loitering on the streets and in front of the
various business places in the vicinity of West Atlantic
Avenue and Fifth Avenue.
2. That the undersigned deem it a detriment to the western
sector of the city, as well as the city as a whole;
3. That this condition has eXisted for many years and ap-
parently no affirmative action has ever been taken by the
Council to resolve this matter.
4. That unlessan immediate statement of policy directed
toward cleaning up this deplorable situation is forth
coming immediately, the image of the City of Delray Beach
shall be destined ruin.
WHEREFOR~ the undersigned pray that the Honorable City
Council of the City of Delray Beach,. Florida take immediate
action toward improving the.present image of the vicinity
of west Atlantic between Third and Eighth Avenue."
Mayor Avery commented as follows: "YOu h~%e to recognize
the fact that an intolerable situation does exist~ You h~ve heard
the report from your Chief of Police to the effect that foot Patrol-.
ling is not practical. We are a policy making bodyand it is our.
prerogative to give an order to the City. Manager to clean up this
situation. It is the policy of this Council, and then if he doesn't
have the tools to do it and needs money or something to do it with,-
he comes back to you and tells you what he needs to get the job done.
If he.doesntt come back to you, you have a right then to take whatever
action on the personnel to get the job done. what is your pIeasure,
gentlemen?"
Mr. Barrow complimented the people who presented this problem
to the CounCil tonight, and said if the. Council has the backing of
the Civic League in clearing up the unsatisfactory conditions, he feels
they should take some action.
Mayor Avery commented as follows: "The proper motion would
be that the City Manager, through all of the forces at his command,
clean this s~tuation up, and then if he needs further help from us,
he asks for it, otherwise we hold the administration or anyone through
him---Chief of Police---or who it might be, responsible. If it is
not done, then you take further action."'
It was so moved by Mr. Barrow and Seconded by Mr. Saunders,who
reminded the'Council that it may take some additional funds to
complish same.
Mr. Talbot suggested that the Council and City Adm~nistration
meet and discuss this situation and formulate a program of procedure.
Mayor Avery said he is of the. opinion that the first step is
to order the jobdone, and if the City Manager ~feels.that within ...'
his staff, money an~ equipment, it takes more than he has, it
hooves him to come back to the Council, and that is when the con-
ferences should start.
-4- 5-25-64
879
Mr. Talbot said he would like an element of time included in
the motion, and following discussion, Mr. Barrow said he woul~ add
the word "immediately" to the motion. Mr. Saunders accepts~ the
addition, and the motion carried unanimously.
6,a. -Concerning a request for authorization to refund real estate
tax cna parcel of land acquired by the Florida Flood Control Dis-
tract, City Olerk Wothing reported to theCouncil as follows~
"Del Lido Corporation owns several lots in Tropic Isle SUb-
division on which the 1963 real estate taxes were paid. In-
Cluded in sai~ lots was a parcel of,land, namely, Lot 569 and
a~portion of 545, acquired by the Central and Southern ~orida
F!0odControl District via 'Order of Taking' under
No. 62L-890-D, recorded in the Palm Beach County Clerk ~of Cir-
cuit Court Office on December 21, '1962, which information did
not reach the. County or City Tax Departments until after t~e 1963
t~es-were-paid.
It is recommended that the Tax Collector be authorized~to
refund the 1963 tax on that Parcel of land so acquired, and
incorporated in the construction of the C-15 Canal, said tax
amounting to $36.29. The County Tax Collector hassubsequently
refunded the County tax thereon, previously, collected from Del
Lido Corporation."~'
it was so moved by Mr. Talbot, seconded by Mr. Saunders and un-
animously carried.
6.b. Regarding consideration for extension ofsewer service to pro-
perties abutting the sewer line, city Clerk Worthing informed the
Council that later tonight an ordinance providing for annexation of
certain properties in Section 21 lying between 'South ,Ocean BOulevard
and ~xe Ocean, would be submitted for their .consideration. Further,
that Council permission is requested to authorize extension of sewer
service connections to the properties of Mr. Bert.Beveridge, Mr.
Robert B. Honeyman and Mr. Edward L. Bickle~ It was so moved by Mr.
Talbot, secondedbyMr. Barrow and unanimouslycarried.
6.0. City ClerkWorthing reported to the Council as follows:
"It is of paramount, importance that a qualified accountant
be temporarily employed for the purpose of compiling a pro-
perty ledger of ALL of the City's fixed assets (Real and
Personal.Property)~ as recommended by the City's auditors
in their audit report for the fiscal yearending September
30, 1963.
Council approval for employment of such an individUal for
that purpose, which~ it.is estimated should require.not more
than 4 months to complete, is requested, together with an
appropriation from the ContingencyAccount 910-858-800, of
$2,125.00 to cover the expense thereof."
Mr. Talbot said-he would assume this was the recommendation of
Finance Director Weber, and moved for the temporary employment of an
accountant, and .that money from the Contingency Account No.~910-858-
800 beappropriate~ to cover.-same. The motion was seconded by Mr~
Saunders and.carried ~imously.
~ina~Directo~i~eber re~orte~ &,balance of $29,981.00 in the
Contingeno~iAcco~nt~b~Ore ~priation. of'the $2,125.00.
6.d. Concerning authorization foz~of DelrayBeach represent-
ationat the President's Conference o~?~ccupational Safety, City
Clerk wor~hing reported to
5-25-64
"Mr. R. Joys1, the ~ity's Safety Engineer end"Marry'.'-' ~
Martin of the City's Police Department's Safety Divis~~
attended the Southeastern Safety .Conference in ~ainesvilie
late last year and as a result o£ their individual cOntri-
bution to proposed improved Safety Programs,received an
invitation to attend the 'President's Conference on OCcup-
ational Safety, headed by the Nation's Secretary of Labor,-
Honorable Willard Wirtz, to be held in washington, D. C.,
June 23rd through the 25th.
Approval for authorizing both Mr. joys1 and Mr. Martin to
attend the President's Conference is requested. Inasmuch
as vacationperiods of both individuals are factors to be
considered, an appropriation from the Contingency AcCount
for Conference attendance expenses, not to exceed $125.00
per individual, is further requested."
Mr. Croft moved that the appropriation be made and the two
City employees authorized to attend said conference, with a request
that a detailed report be made to the Council oh"the results of the
Conference. The motion was seconded by Mr. Talbot an~ carried un-
animously.
7.a. Concerning a petition for annexation subject to certain limit-
ations, City Clerk worthing informed the Council that the. Horizon of
~-.Delray BeaCh, Inc., 1345 South Ocean Boulevard, a cooperative apart-
ment corporation and owner of an improved tra.ct of land lying between
AIA and ~he ocean, with 120 feet of frontage on AIA0 lying adjacent
to and north of theHamilton House, has petitioned for annexation to
the City subject to zOning classificationpermitting multiple family
dwellings with a height limitation of two storie~. Further, it being
recommended that this petition be referred to the Planning/Zoning
Board for study andpossible recommendation for Council consideration
as. to proper classification of zoning to provide such limited land
use.
Mr. Barrow moved that this item be referred to the Planning/
Zoning Board as recommended, the motion being seconded by Mr. Talbot,
who thanked Attorney Carl Gezelschap and his client for the petition
for annexation, and assured them this problem wouId be worked out as
soon as possible. Upon call of ro11, the motion carried unanimously.
7.b. Concerning Board of Health policy pertaining to utilization of
available sewer service by property owners, City Clerk Worthing re-
ported to Council as follows:
"Council, on April 27th, directed the administration to
inquire as to the policy of the Bureau of Sanitary Engi-
neering of the Florida state Board of Health, and the
Palm Beach County Health Department concerning require-
m~nts of property owners to utilize municipal sewer ser-
Vice in lieu of septic tanks, When said municipal service
is available and contiguous to Such properties.
Replies to those inquiries, from the agencies mentioned
above, have been received and copies are attached heretO. It
,is recommended, however, that no action 'thereon be taken at this
timer it being desired to submit the letter from the CountyHealth
Department to the Council appointed committee, which meets, on
Monday night, June. lst, for possible final preparation of an ordi-
nance pertaining to many phases of sewer service and functions re-
lating thereto, inasmuch as it may be determined most advisable to
incorporate in such ordinance the recommendations'of the County
Health Department, as set forth in said letter."
.-6- 5-25-64
881
Mr. Barrow moved.that this b~ referred to the Special Commit-
tee on Sewer Policy,as recommended, the motion being seconded by Mr.
Croft.
Mr. Talbot said he was disappointed in the answer from the
Florida State Board of Health and from Mr. Charles P~hodes,,~r., Acting
chief Sanitarian of Palm Be4ch County, and at the request of Mayor
Avery, City Clerk Worthing read the let:ret from Nr. Rhodes.
Following discussion, and upon:call of roll, the motion carried
unanimously. ~.~ .
8.a. City Clerk Worthing presented ORDINANCE NO. G-S40.
AN ORDIN~NCE .OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE 'CITY OF
DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 21,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITs OF SAID
CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE
ZONING THEREOF. (South AIA, Alfaro, Weller & Hamilton)
The City Clerk resorted that this Ordinance had been submitted
to Council on second reading on May 11th, and was deferred until May
25th in order that the Planning/Zoning Board might review same at a
public hearing, which was held by said Board on May 19th. Further,
that the petition s~b~itted by the property owners, expressing their
consent for annex~:~..~.., Was made subject to the land involved being
zoned R-3 (Multipi· Family Dwelling District) or said. petition.was to
be considered withdrawn.
The City Clerk reported that there were objections ~ Ordinance
~;o. G-540 from Mr. ~. H. Chapman, Mr. &Mrs. Byron May, Mr. Edward L.
Bickle, Mr. J. Bruce Bredin, Mr. Robert B. Honeyman, and Mr. John G.
Hays, Jr., and-then read the following Planning Board report, dated
M~,.~, 1964:
"Application for a~nexation to the City with specific
zoning.
This property is located at 1345 south Ocean Boulevard,
more accurately described as (the 100' immediately north
of the Horizon Apartments). The requested zoning was for
the equivalent to the present COunty Classification R-2,
and was so advertised. At the hearing an amended request
was presented asking for an unrestricted R-3 multiple
family dwelling district zoning, or they would withdraw
the request for annexation.
Thirteen (13) property owners in the area were notified~
all objected in person, or by letter or telegram.
On a motion by Mr. Kabler, seconded by Mr. Lankton and
unanimously passed to recommend to Council that the re-
quest be denied. The Board felt that to permit R-3 zoning
on this property at this time, would not b~ in the best
interest, of the city, and would materially affect the
R-I-AA ~oning immediately north of this lot."
Attorney Carl Gezelschap informed the Council that he repre-
sented clients objecting to said land being annexed with an R-3 Zoning
classification, but it had been suggested that consideration be given
to some other more suitable zoning classification.
Following discussion, Mr. Talbot moved to rescind Council action
which placed Ordinance No. G-540 on first reading, the motion being
seconded by Mr. ~roft.
-7~ 5-25-64
MayOr Avery co~mented as follows: "If the Council turns this
down, we are. trying to schedule's conference with representatives of
the property owners to discuss'by what means we could annex this pro-
perty that would be acceptable to both the City and the owners. Mr.
Jacobson, some of the gentlemen, members of the Council, have suggest-
ed that the meeting be held Thursday morning at 10=00 A.M. instead
of Wednesday mOrning as we were discussing. Would that be satisfac-
tory? So there will be a meeting Thursday morning in the Conference
Room upstairs, to explore, if the Council turns this down, what terms
we could annex this property that would be acceptable to all parties..'
Upon call of ro11, the motion to rescind action on Ordinance
No. G-540 carried unanimously.
8.b. City Clerk Worthing read ORDINANCS NO. G-$41.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 29-7.5, CHAPTER 29, CODE OF ORDI-
NANCES OF THIS CITY, TO PERMIT HOUSING OF
FLORIDA ATLANTIC UNIVBRSITY STUDENTS IN THE
SINGLE FAMILY DISTRICTS OF THE CITY PROM
THE EFFECTIVE DATE OF THIS ORDINANCE UN-
TIL JUNE 30, 1965.
(Copy of Ordinance No. G-$41 is attached to and made a part of the
official copy of these minutes.) (See Pa~e 390-A)
The City Clerk then read the following Planning Board report
concerning said Ordinance:
"Re:Request of Council for recommendation or
comment on Ordinance G~541.
At the Planning Board meeting on May 21st, 1964, it was moved
by R. Hanna, seconded by J. Kabler and unanimously approved
that in view of the stated need of F.A.U. for student housing
· 'for the I964-65 school year, the Planning and Zoning Board
recommends that the City of Delray Beach permit such housing
by the renting of rooms in single family residential zones
'for this school year. It being the understandi~g of this
Board frominformetion received from F.A.U. that this need
will exist only for the coming winter session."
Mr. George Austin, 1311 Lake Drive, questioned the necessity
of an ordinance to permit housing for the few students from Florida
Atlantic University, and cautioned that such an ordinance may affect
the insurance rates, police service, etc.
City Atto~ey Adams said he felt the Ordinance was necessary
as it was illegal to rent rooms in a residential district.
Mr. Jack Keating, 823 N. E. 3rd Street, asked why Delray ~each
would pass such an Ordinance when Boca Raton had turned it down.
Mr. Paul Ledridge, President of the Chamberof Commerce, also a
realtor, said if the Board of Realtors didn't prosper,the community
wouldn't prosper, and that the realtors and Chamber of Commerce wanted
to do everything that'would.be beneficial for'the community, and felt
this cooperation with the Florida Atlantic University was the proper
step to take.
Mr. Andrew Gent said he was very much in favor of Ordinance ~o.
G-541.
Mr. H. E. Sibley and Mr. John E. varney said they were opposed
to said Ordinance.'
The Council was reminded that this was only a temporary Ordi-
nance. .-.
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383
Col. Dugal G. Campbel! asked if it was legal to have such a
limited, ordinance which would permit one person rentin~ rooms to
Florida Atlantic University students, but would not.permit his neigh-
bor to rent to students of Palm Beach jUnior College.
City Attorney Adams answered as follows: "I. am not ~swering
this indirectly, but I would like to say that the Council pretty much
dictated the terms of this Ordinance. It went to the Planning'Board
and they had two meetings on it. There is a possibility o~ this type
of an Ordinance, which you have to have a reasonable class~fication.
In the Ordinance it recites that the City recognizes the res~ansibiliti
to the students of the University. Whether or not under an emergency
setup' l~ke this, if somebody went to court and challenged it, whether
this would be considered a reasonable classification, I couldn't say
for Sure. The courts would have to decide, and I think the worst that
they could say is that it was unreasonable, and therefore,no roomers
at all could legally stay in homes in Delray. Beach."
Mrs. James Bowen asked the procedure in questioning whether or
not certain ~renters were bona fide registered students of FlOrida
Atlantic University.. Mayor Avery. informed Mrs. Bowen that to obtain
such information, a personshould call the office of the City Manager
and ask that such verification bm checked. City Attorney Adams in-
formed the Council'that p~oplerenting rooms to the students would be
required to obtain a City occupational license for same.
Following discussion, Mr. Barrow moved that Ordinance No. G-541
be passed on this second and final reading. The motion was secondea
by Mr. Saunders and carried unanimously.
Mayor Avery commented as follows: "You heard the ideas that
were developed in this discussion. I do think it is proper that the
Planning/Zoning Board be instructed to survey our ordinance and zoning
situation relative to getting some positive control on the rooming
situation, and with recommendations after they have had a chance to
study it through. This is something that came up at the Planning/
Zoning Board meeting and they thought it may be a good idea.
I think a motion would be in order to directs.the Planning/Zoning
Board to survey the general zoning situation as pertaining to rooms.
This is in the general situation, and they come to us with any re-
commendation, s they might have in a manner that we might control the
general situation." It was so moved by Mr. Saunders, seconded by Mr.
Barrow and unanimously carried.
8.c. City Clerk worthing presented ORDINANCE NO. G-543.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH~ FLORIDA, ANNEXING TO THE CITY OF
DELPAY BEACH CERTAIN LAND, NAMELY LOT 47, LAKE
SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EX-
ISTING MUNICIPAL LIMITS OF SAID CITY~ REDBFIN-
ING THE BOUNDARIES OF SAID ~ITY TO INCLUDE SAID
LAND~ PROVIDIN~ FOR THE RIGHTS AND- OBLIGATIONS
OF SAID LAND~ AND PROVIDING FOR ~ ZONING THEREOF.
(Copy of Ordinance No. G-543 is attached to and made a part of the
official copy of these minutes.) (See Pa~e 390-B)
There being.no objection to Ordinance No, G-543, said Ordinance
was unanimously passed and adopted on second and final reading on
motion by Mr. Croft and seconded by Mr. Barrow.
8.d. City Clerk Worthing presented ORDINANCE NO. G-544.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 10, LAKE
IDA MANOR, WHICH LAND IS CONTIGUOUS TO EXISTING
-~- 5-25-64
MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE.
BOUNDARIES OF SAID .CITY TO INCLUDE SAID L~ND~
PROVIDING FOR TH~ RIGHTS AND OBLIGATIONS OF
SAID LAND~ AND PROVIDING FOR T~E ZONIN~ THEREOF.
(Copy of Ordinance No. ~-544 is attached to and made a. part of the
official copy of these minutes.) (See ?age 390-C)
There being no objection to Ordinance No. ~-544, said Ordinance
was unanimously passed and adopted on second and final reading on
motion by Mr. Croft and seconded by Mr. Saunders.
8.e. The City Clerk presented ORDINANCE NO. ~-545.
AN ORDINANCE OF THE CITY OF DEL~AY BEACH,
FLORIDA, ANNEXING CERTAIN LANDS LOCATED
EAST OF, SECTION 16, .TOWNSHIP 46 SOUTH,
RANGE 43 EAST, TO THE CITY OF DELRAY
BEACH, FLORIDA.
(Copy of Ordinance No. ~-545 is attached to and made a part of the
official copy of these minutes.) (See Pages 390-D & 390-~.)
Mr. John E. Varney asked if there was an occurrence off the
Delray beach similar to.what happened off the Boynton Inlet recently
(the Two Georges boat), what the responsibility of the City of Delray
Beach would be?
City Attorney Adams said he could not say it was impossible
for some type of liability to occur in .that area~ but the City would
have joint control with the County and the State, and commented fur-
ther as follows: "The best that I can say is that it would be almost
inconceivable,and if anything does happen,we are insured up to a
million dollars. The state owns the land out to either 3 or 12 miles,
depending on which Iaw you are going by. I~m not saying it is ab-
solutely impossible, but it wouldn't give us any more liability, in
my opin$on~ than we have now for sup~rvtsion of the bathing areas:"
It. was pointed out again, as it had been at the time of the
first reading of this ordinance,, that most of the cities along the
coast do have a three mile limit.
There being no objection to Ordinance No. G-545, said Ordinance
was unanimously passed and adopted on second and final reading on
motion by Mr. Croft and seconded by Mr. Barrow.
8.f. City Clerk Worthing presented ORDINANCE NO. G-546.
AN ORDINANCE .OF THE CITY COUNCIL OF THE
CITY OF DEL~AY BEACH, FLORIDA, ~EPEALINO
SECTIONS 27-8 THROUGH 27-11, INCLUSIVE,
CHAPTER 27, CODE OF ORDINANCES OF.THIS
CITY PERTAINING TO FREE CITY ~TER FOR
PERSONS OR ORC4qNIZATIONS ON APPROVED
CHARITY LISTS.
WHEREAS, it was a former policy of this City-to allow
persons and organizations on approved charity lists to
receive up to 5,000 gallons of water per month without
charge, and
WHEP~EAS, as a result of certain water reven~e bonds
sold by the City, the City has been proh~bited from fur-
nish~ng water without charge, since
NOW, THEREFORE, :BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
-10-,, 5-25-64
· Section 1. That Section 27-8 through 27-11, in-
clusive, Chapter 27, Code of O~dinances of the City
of Delray Beach,~ Florida, be, and the same are hereby
repealed.
PAS~ED on second and final reading in regular session
on this . .~ day of. , 1964.
There being no objection to Ordinance No. G-546, said Ordinance
w~s unanimously passed and adopted ~n second and final reading on
motioD by Mr. Saunders. and seconded' by Mr. Barrow.
8.g. The City Clerk presented ORDINANCE NO. G-547.
AN ORDINANCE OF THE CITY COUNCIL bF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NUMBER G-535, DATED 'APRIL 13,
1964, ~AME BEING AN ANNEXATION ORDII~ANCE,
BY SUBSTITUTING THE NAME "GRIMES MANU-
FACTURING COMPANY" FOR THE NAME "THE
GRIMES FOUNDATION" WHEREVER SAME APPEARS
IN SAID ORDINANCE.
RHEREAS, Ordinance Number G-535, passed on second
and final reading April 13', 1964, erroneously referred to
THE GRIMES FOtrgDATION as the fee simple owner of certain
real property described in said Ordinance; and
WHEREAS, the Council deems it in the best interest
of the City to correct same;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY. COUNCIL
OF THE CITY OF DE&RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1~ That Ordinance Number G-535, passed on
second and final reading by the City Council of the City
of Delray Beach, Florida, on April 13, 1964, be and the
same is hereby amended by substituting the name Grimes
Manufacturing Company for the name The Grimes Foundation
wherever same appears in said Ordinance.
PASSED on second and final reading' in regul'ar session
on this day of .., 1964.
There being no objection to Ordinance No. G-547, said Ordinance
was unanimously passed and adopted on second and final reading, on
motion by Mr. Croft and seconded by Mr. Talbot.
8.h. Ordinance No. G-548 will be presented for second and final
reading on June Sth, 1964.
8.i. City Clerk' .Worthing presented ORDINANCE NO. G-549.
AN ORDINANC~ OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
CERTAII~ LAND LOCATED IN SECTION 21, TOWNSHIP
46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGU-
OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY=
REDEFINING T~E BOUNDARIES O'F SA. ID CITY TO IN-
CLUDE SAID LAND~ PROVIDING FOR THE RIGHT AND
OBLIGATIONS O~ SAID LAND~ 'AND PROVIDING FOR
THE ZONING"THEREOF. (South ~IA - Chapman,
Beverid~e, Honeyman and
BiCkle)
-11- 5-25-64
Ordinance No. ~-$49 was unanimously pla~ed on first reading
on motion by Mr. Talbot-and seconded by Mr. Croft.
8.j. The City Clerk presented ORDINANCE NO. G-550, which is re-
commended by the Chamber of Commerce and endorsed by the Community
Chest.
AN ORDI~K~ OF THE CITY COUNCIL OF
THE CITY OF DELRAY BF~CH, FLORIDA,
AMENDING CHAPTER 18 (PEDDLERS AND SOLIC-
ITORS) OF THE CODE OF THE CITY OF DELRAY
BEACH BY ADDING THERETO A NEW ARTICLE III
(CHARITABLE SOLICITATIONS) CONTAZNIN~ NEW
SECTIONS 18-31 THROUGH 18-38, REGULATING
SOLICITATIONS FOR CHARITABLE, PATRIOTIC,
RELIGIOUS, FI~.~TEIq~L AND OTHER SIMILAR
pURPOSES~ PROVIDING A PENALTY FOR ANY VIO-
LATION HEREO~ AUTHORITY TO CODIFY, AND RE-
PEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH,
Ordinance No. G-550 was unanimously placed on first reading
on motion by Mr. Talbot and seconded by Mr. Saunders.
8.k. City Clerk Worthing presented ORDINANCE NO. G-551, which is
recommended by the Chamber of Commerce.
AN oRDINANCE OF THE CITY COUNCIL OF 'THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18 (PEDDLERS
AND SOLICITORS) .OF THE CODE OF THE CITY OF DELRAY BEACH
BY ADDING THERETO A NEW ARTICLE II ( TELEPHONE SOLICI-
TATIONS}, CONTAINING NEW SECTIONS 18-21 TH~)UGH 18-27,
REGULATING TELEPHONE SOLICITATIONS, PROVIDING FOR
A PERMIT AND LICENSE FOR TELEPHONE sOLICITORS DOING
BUSINESS IN THE C~TY OF DELRAY BEACH~ PROVIDING FOR A
METHOD OF APPLYING F°R SUCH PERMITS AND LICENSES~ MAKING
IT UNLAWFUL TO ENGAGE IN SU(~' BUSINESS WITHOUT SUCH
PERMIT AND LICENSEr PROVIDING MEANS AND REASONS FOR
REVOCATIONS OF SUCH PERMITS AND LICENSES~ PROVIDING
PENALTIES FOR THE VIOLATION OF TH~S ORDINANCE; REPEAL-
ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
· HEREWITH~ 'PROVIDING FOR A SAVINGS CLAUSE~ AUTHORITY TO
CODIFY~ AN EFFECTIVE DATE~ AND FOR OTHER PURPOSES.
Ordinance No. G-§51 was unanimously placed on first reading
on motion by Mr. Croft and seconded by Mr. Saunders. '
9.a. Concerning a report of the committee appointed to study and
make recommendations relative to vsrigua phases of the Sewage Works
Project, City Clerk Worthing reported to Council as follows:
"Council approval ia requested for the employment of a
Plumbing Inspector, whose initial assig~ment shall be
the physical contact with each .and every building (re-
sidential as well as commercial) which will be served
by the sewer system when it becomes placed in operation.
Such i~dividual physical contact with each building is
necessary to determine the number of fixtures in each
building, which becomes the' basis of applying the sewer
service charges as previously established."
Mayor Avery informed the Council that he had consulted with Mr.
Neff, Project Manager for Russell & Axon, as well as others, and finds
there is no definite need for such a person until after the City
-12~ 5-25-64
38?'
Manager returns from vacation, further, that since the City Manager
is held responsible for this, it would be proper to table the matter
until he returns and makes recommendations concerning same.
Mr. Talbot commented as follows= "I agree that this should
be tabled. I do not agree that it should await Mr. Holland's return.
Any policy that this Council might set, along with the acting City
Manager, it is Mr. Holland's duty to be responsible for just as much
as if he was sitting in this meeting tonight. It is my humble opinion
that we do not need to'hire someone outside for, this. There is suf-
ficient personnel in this City Administration. It could be put to
the Building DePartment. 'The Building Department could be loaned
certain individuals.' We certainlyhave enough personnel to handle it.
The reason I do not agree to waiting until Mr. H~Aland returns is that
this thing does not have robe .doneovernight. It can be worked out
between now and 'the next meeting and go..on, the agenda then, the way
that this should be done. It can be started in an orderly fashion,
letting what individual as the department head might be assigned to
this, letting his employee or any employee assigned to him do it as
he can, along with his other work.
I move that this matter be referred back to the Sewer Committee
with the information that'%his Council, if it is unanimous~ does not
believe that any outside personnel is-necessary to hire. It could be
worked out with a department head or in some fashion and then it
Should be expedited to the point that it can be worked out and done
in an orderly fashion and started as soon as possible and go along
with other work."
The motion was seconded by Mr. Barrow and carried unanimously.
9.b. This item was considered-tonight foil°Wing Agenda item 5.a.
9.c. City Clerk Worthing read the following-Planning Board report,
dated May 21, 1964:
"The Planning Board met on Tuesday May 19, 19~4 for the pur-
pose of holding a public hearing on a request to rezone from R-2 (one
and two family dwelling district) to R-3 (multiple family dwelling
district) of the following described property:
The South 200' of Block 66
Sixty-eight (68) notices were sent to property owners i~ the area. On
a motion by Mr. Kabler, seconded by Mr. Lankton and unanimously passed
to recommend to Council that the request be denied. The Board felt
that to bend the District line for one piece of property was not
feasible at this time. The Board indicated that a further study of
this area for R-3 zoning may be desirable."
Mr. Talbot moved to sustain the recommendation of the Planning
Board and deny the request. The motion was seconded by Mr. Barrow
and carried unanimously.
9.d. The City Clerk read the'following Planning Board report, dated
May 21, 1964:
"The Planning Board met on Tuesday, May 19, '1964, for the pur-
pose of holding a public hearing on a request to rezone from R-1-A
(single family dwelling district) to C-2 (general commercial district),
Lots 14 and 15 in a replat of part of Lots 2 and 3, Block 1, Model k~,l
Co. S/D of the west half of Sec. 21, (Sinks Plat}. Eight. (8) property
owners were notified. On a motion by Mr. Lankton, seconded by Mr.
Kabler, and u~animously carried to recommend to"Council that the re-
quest be denied. The reasonbeing that there is an abundance of C-2
zoned proPerty in the area which is vacant, and the Board feels that
there is enough comme~cially zOned, property within the city at present,
also this request would affe=~c ~'ore residential property."
-13- 5-25-64
388
Mr. Croft moved to sustain the recommendation of the Planning/
ZoningBoard and.deny the request, the motion being seconded by Mr.
Talbot and unenimously carried.
9.e. City Clerk Worthing read the following Planning Board report,
dated May 21, 1964:
"The Planning Board ~et on T~esday. May 19, 1964, for the pur-
pose of holding a public hearing on'a request to rezone from R-2 (one
and two family dwelling district)-to C-2 {general commercial district)
the following property:
Lots l, 2, and 3, 30, 31, and 32, Block 12
Dell Park, and Lots 32, 33 and 34, Block
13, Del~ Xda Park.
Sixty-three (63) property owners were notified. There were several
6bjec~ions, some by mail.
A motioN was made bye. Kabler,-seconded by Mr. Hanna and unanimous-
ly carried to recommend to Council that the request be denied. The
Board feels that no additional, commercially zoned property is needed
within the City-limits at this time, and due to the objections from
the presently zoned residential areas, and the effect it would have
on th~ already zoned commercial property, this is a reasonable denial.
The Board felt also that business should not be established west of
the Florida Bast Coast Railroad on N. E. 8th Street at this time.
Attorney John H. Adams, speaking in behalf of Mr. &Mrs. James
J. Johnson, Mr..&Mrs. J. B. Smith, Mr. &Mrs. Elton Harvel, Mr. &
Mrs. George McMurrain, Mr. & Mrs. Jerry Turner, Dr. &Mrs. Thomas
Shoal, Mrs. John Adams, Sr., Mrs. Maude Johnson, Mrs. Ella May, Mr.
&Mrs. Barle F. Freisch, Mr. &Mrs Traver, Sr., and Mr. &Mrs. Traver,
Jr*, informed the Council that all of these people live in the im-
mediate vicinity of the property on which rezoning was requested, and
that they all are vitally opposed to said rezoning.
Mr. Lonnie Cook, Sr., informed the Council that he is the per-
sm who initiated said rezoning request, which is a normal request,
an~ that said properties, with the exception of where one house ex-
isted until recently, had been vacant property for 35 years, further,
that the City had just recently constructed a sanitary sewer lift
station adjacent to the southern lot involved in this request. Mr.
Cook said he had an offer to sell his lots, which was the first offer
~ince 1949, and would like the property rezoned to accommodate a
heighborhood grocery'store and coin laundry. He suggested a per-'
· ~issive use condition for his prOPerty that would permit a store and
During discussion, City Attorney Adams reminded the Council
that if a rezoning request was denied, it could not be ma~e again for
one year, and suggested sending the report back to the Planning Board
with a request that they consider an amended petition on the part.of
Mr. Cook, for a limited business area with specific plans and the type
of buiIding, also parking to be provided, etc.
Mr. Louis C. Miller, Mr. Robert Fairbanks, Mr. Thomas McGivern0
and Mrs. John Adams, Sr., objected to the rezoning of said property.
It was pointed out that if an amended petition was presented,
there would be need. for a public hearing on same with notification to
surrounding property owners.
Mrs. Herbert Lundberg, 634 N. B. 3rd Avenue, suggested that
since the City is considering obtaining property in the north portion
of the City for playgrounds or parks, this subject property may be
considered.
Following lengthy discussion, Mayor Avery asked for a motion,
either sustaining the recommendation of the Planning/Zoning Board, or
to tablethe item pending receipt of an amended petition.
-14- 5-25-64
889
Mr:~ CrOft said it 'is Council'desire to do what is fair and
right for all of the citizens, and moved that this item be tabled, and
returned to the Planning/Zoning Board with the hopes that something
could be W°=ked out,. FolloWing Comments from the audience, 'Mr, Croft
withdrew his motion,
Mr'. Barrow then moved to sustain the recommendation of the
Planning Board and deny said' request.. This motion'died for the lack
of a second.
'Mayor Avery'then asked that this ~tem be PIacedon the Agenda
of the next regular CounCil meeting.
9.f. City Clerk Worthing read the following Planning Board report,
dated May 21,' 1964~ ~
"The Planning Board met on Tuesday, May 19, 1964, for the
purpose of a public hearing on a request forpermissi~e use
by the Jordan MiSSionary Baptist Church, for an Educational"
Building'on the following described property=
The west 75' of the north 160" of-the north
half of the s0uth half of Lot 5, Section 8.
This lot iS located at the N. E. corner of N. W. 8th Avenue
and the alley that is north of N.' W. 4th Street. The Board
unanimously approved to recommend to Council,. that this re-
quest be tabled until definite plans are presented~.in0icat-
lng the type and size of the structure 'and the amount of
parking that will be provided on the-property."
Mr. Talbot moved that the Planning Board recommendations'be
sustained, the motion being seconded by Mr. Barrow. and unanimously
carried.
10.x. City Clerk Worthing informed the Council that. in accordance
with past City policy, the City Hall has observed seven yearly holi-
days.. Further, this year, Memorial Day, one of those holidays, falls
on Saturday and Council approval for closing of the City Hall on
Friday, May 29th, in observance thereof, is requested. It was so
moved by Mr. Talbot, seconded by Mr. Barrow and unanimously carried.
10,x. A bill in the amount of $200.00 from City Attorney Adams was
presented, which bill covered legal services in connection with the
exchange of properties with Mr. &Mrs. W. W. Cook, and the purchase
of the Crawford property in the block adjacent to the water plant.
Mayor Avery asked if a portion' of the $200,00 bill would .be paid from
the Water Fund and was informed, that it wouldbe.
The following bills for approval were presented:
General Fund $ 150,455.79
Water Fund - OperatingFund 23,582.S8
Refundable Deposits Fund 3,440.00
Beach Disaster Fund 29.03
Improvement Fund 31,860102
Special Trust Account - First National Bank .of D.B. 4,457.00
Special Trust Account - Del~ay Beach National. Bank 4,078.04
On motion ~yMr. Talbot and seconded by Mr. Barrow, the bills
were unanimously ordered paid.
~15- 5-25-64
890 ~
~O.x. 1~'. ~albot reported to Council concerning the Beach Erosion
Committee a~tivfty aa follows: ."Zven in my absence, the work of
the Beach Brosion Committee has b~en going on. Mark Fleming, City
e'ngineer, has .arranged for an inte~view with t~o ~ngineers who are
supposed to know beach erosion and have had experience. Furthermore,
in my absence, Mark Fleming talked to Dr. Per Brunn,who is the author-
ity, somewhat, over the whole worldoaS a matter of fact, and for your
info=marion, on these.drawings that the County is talking about, the
fee-for Dr. B=unn~s services was $30.000.00 to the County. We expect
to move in this fashion. ~.W~ expect to arrange two meetings. One, to
meet wi~h one engineer one day, and one the next day. We would like
for the Council to attend these ~eetings with the Beach Erosion Com-
mittee. We will then deufde which.engineer, if either one, we think
is satisfactory. We will then contact Dr. Per Brunn, which has to be
done through the University of Florida, and see if we can get him
down here. we will then see where we want to go from there. If we
satisfy ourselves that we should employ an engineer, tentatively on a
fixed fee for investigation, bring Dr. Per Brunn in to consult with
him to project the thinking of the beat mind, supposedly, in the world,
I am told, on beach erosion. There wi1! be a small charge to the City
to get this done and then from there, we will decide what we are going
to do either on this waffle type revetment on a~ experimental program,
or what other procedure to take."
There being no objection from the Councilmen to such a pro-
cedure, Mayor Avery informed Mr. Talbot they could go ahead with
plans as outlined.
T~ meeting adjourned at 11=10 P.M.
R. D. WORTHING .......
City Clerk
APPROVED:
5-25-64
390-A
ORDINANCE NO. G-541.
AN ORDINANCE OF THE CITY COUNCIL OF'
THE CITY OF DBL~AY BEACH, FLORIDA,
AMENDING SECTION 29.7.5, CHAPTER~29,
CODE OF ORDINANCES OF THIS !CITY,' TO
PERMIT HOUSING OF FLORIDA" ATLANTIC
UNIVERSITY STUDENTS XN THE SINGLE
FAMILY DISTRICTS OF' THE CITY FROM THE
EFFECTIVE DATE OF T~IS ORDINANCE UN-
TIL JUNE 30, 1965,'
WHEREAS, there will be an emergency housing situation
at Florida Atlantic University during the school year beginning
September, 1964 ~ · and
WHEREAS, the Board of Realtors and also the Chamber of
Commerce have recommended legislation to permit student housing
in the single family districts of this City~ and
WHEREAS,. the City Council of the City of Delray Beach
recognizes a responsibility to the students of said University~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DEL~AY BEACH, FLORIDA, AS FOLLOWS:
That Chapter 29 of the Code of Ordinances, be, and
the same is hereby amended by the addition of sub-section (11)
to read as follows:
"Sec. 29.7.5 General provisions and exceptions.
"(11} From the effective date hereof until June 30,
1965, it shall be permissible in all single family districts to
have as many as ~our roomers per family provided said individuals
are bona fide registered students of Florida Atlantic University."
· PASSED and ADOPTED on second and final reading in
regular session on this 2~th.. day of May ., 1964.
/s/A~. o,., A~,~ ........
MAYOR
ATTEST:
City Clerk
First Beading Apr, il 27, 19.64 .......
Second Reading M~7 25,..!~6.~ .....
390-B
ORDX~U~CE ~0. G-543.
AN OP~DXNANCE OF THE CITY COUNCXL OF T~ Cl~ O~
DE~Y B~, F~RZ~, A~XX~ ~ ~ CZ~ OF
XST~~CXPA~ ~TS OF ~XD CX~ ~DEFXN-
X~:~ ~~ES OF ~ZD CX~ ~ l~C~E ~ZD
~ P~DXNG ~R ~ ~S A~ O~Z~TZO~
~S, B~CO, ZNC. is ~e lee simple o~er o~ ~he prop-
ert2 hezeina~ter descri~d, and
~S, ~he said B~NCO, INC., by i~a petition, b~$ con-
sensed and given pemiaaion ~or ~e annexation o~ saAd prope~M bM
the CitM o~ ~lzaM Beach, and
~S, ~e City o~ Delra~ Beach has heretofore ~en au-
thorized to annex lands in accordance wi~ Section laS.1 o~''~e City
Charker oE said CAtM granted to i~ bM the State o~ Florida: '
CI~Y OF DEL~Y B~, FLO~, AS FO~5:
SE~ION,~. ~ak ~e Ci~M Council of the Ci~ o~ DelraM
Beach, Palm Beach County, Florida, hereby annexes to said City ~e
~ollowing described tract of land located in Palm Beach County,
Florida, whi~ lies contiquous to said Cit~,
~at trach o~ land, namel~ ~t 47, ~ke Sho~e
Estates, ~r Plat Bock 25, page 2~, ~lic
Records o~ Palm Beach Count2, Florida4
~C~XON 2. ~at ~e boundaries o~ ~e City o~ ~lraM Beach,
Florida, are hereby redefined soas to include thereAn ~e above
scribed tract o~ land and said land is ~rebM declared to be wi~in
the corporate limits o~ ~e City o[ ~lray ~a~, Florida.
SECTXO~ 3. ~at the tract of land he~einabove described
is hereby declared to ~ in Zoning District R-~, as deffin~ by
existing ordinances o~ ~e City oE ~lray Bea~, Florida.
SE~X~..4. ~at ~e land hereinabo~ described shall im-
mediately become s~ect to all of 2he ~ranchises, privileges,
munikies, debts, obliga~ions, liabilikies, ordinances and laws to
which lands in ~e City of ~lray Beach are now or may be, and
persons residing thereon shall be deemed Ci2izens of the Cit~ of
Delta2 Bea~.
~XON 5, ~at i~ any word, phrase, clause, sentence or
part o~ ~is ordinance shall be declar~ illegal by a court o~ com-
petent jurisdic2ion, such record of ille~ality shall in no way
a[fec2 the re~ininq portion.
PASSED in ~e~lar session on ~e second and final reading
on ~his the 25th day o~ May , 1964.
,,/S/ AL. O. AVERY
MAYOR
ATTEST:
lei, R. D.
City CLerk .........
First Readinq May 1!~,.!,9,6% ...... Se~d~,~eading ,Ma~ 2~, '176~ ..... 8Z"
39o-0
ORDI.NJ~3C~ NO. G-544.
AN OI~DZNAN~ OF TH~ C~'TY COUNCIL OF THE CITY OF
DBLIqAY BF.,ACH, FLORIDA, ANNEXING TO THE CITY OF
DELBAY BEACH CERTAIN I~ND, NAMELY LOT 10, LAKE
IDA MANOR, WRZCH LRND IS CONTIGUOUS TO ~ZSTZNG
MUNZCIPATa ~.Z~tITEI OF SAID CZTY~ RED~FZNZNG THE
BOUNDARIES OF SA:~D CITY TO INCLUDE SAID LAND~
PROVIDING FOR THE ILTGHTS AND OBt. ZGRTZON8 OF
SAID LAND~ AND PROVIDING FOR T~ ZONING THEREOF.
WHERF~S, EDI~RRD D. SHZNNZCK and WILLY K. SHZIgNZCK (his wife)
are the fee simple owners of the property hereinafter c~escribed, and
WHER~8, .said BDWRRD D. SHZNNICK and WILLY K. SHINNICK (his
wife), by their petition, bays 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 au-
thorized to annex lands An accordance with Section '185.1 of the City
Charter of said City granted to it by the State of Florida~
NOW, THEREFORE, BE IT OP~N%INED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS~
S,.ECTION 1. That the City Council of the..City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
follow!n,g described tract of land located in Palm Beach County,
Florida, ~which lies contiguous to said City, to-wit:
That tract of land, namely Lot 10, Lake Ida
Manor,-per Plat Book 23, page 138, Public
Records of Palm ~each County, Florida.
SECTION..2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to 1.~lude therein the abovg de-
scribed tract of land and said land is hereby declared to be within
the corporate limits of the City of Delr~y 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.
SEC?~,ON 4, That the land hereinabove described shall im-
mediately become subject to all of the franchises, privileges, im-
munities, debts, obligations, liabilities, ordi. nances 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 i11egaI by a court of com-
petent jurisdiction, such record of illegality shall in no way
affect the rema~ning portion.
PASSED in regular session on the second and final reading
on this the 25th ~ay of May , 1964.
/S/ AL. C. AVERY
MAYOR
ATTE ST:
p.
.... City Clerk
First Reading ~a7 11, 196~ 8econ~ Reading ,,Ma7 25,
390-D
ORDX~NCE NO. G-545,.
AN ORDI~NCE OF T~ CZ~ OF D~Y
F~RZ~, A~ZNG ~TAZN ~S ~D
~ST OF SE~ON 16, ~S~P 4~ S~,
~ 43 ~ST, ~ T~ ~ OF DEL~Y
~S, it ~s dee~d for ~e ~st interest, safety,
he~l~, and general ~lfare of the ciZ~zens of ~e City of ~lray
Beach, Florida, ~at cer~n lands be annexed to the City
De!ray Beach~ and
~S. ~id tra~ of land is contiguous to
present boundary of territorial l~mits of ~e City an~ ~at,
when annexed, it will constitute a reasonably co~ct addi-
tion to ~e ~n~r~rated territory with which
and
~S, there are less than ten freeholders and/or
registered elec~rs uonta~ned ~n the area which is to ~ an-
nexed ~ and
~S, t~ Council of ~e City of ~raY' Beach has
9assed an ordinance declaring ~ts intent to annex ga~d lands,
which ordinance was p~ished in the ~lray BeaCh News Jou=nal
for fo~ consecutive weeks, and to which no object~ons have
been made.
N~, ~FO~, ~ IT O~Z~D BY ~E CITY ~UNCZL
OF T~ ~ OF DEL~Y ~, FLORI~, AS FOL~S=
SE~ON 1- ~at i. accordance with SeCti°n 185. as
a~nded, of the ~arter of the City of ~lray Beach. and/or
Section 171.04, Florida Statues (1963}, ~e City Council does
hereby, annex to sa~d City ~e following described t=act or
parcel of land located in Palm Beach County, Florida, whi~
lies contiguous to ~e existing ~dar~es of said City~ to-wit:
~at ~rtion of s~merged land lying
nea~ the Atlantic ~ean. boun~ on the
~rth by ~e Easterly prolongation of the
Nor~ l~ne of Section 16, To~sh~p 46 South,
Range 4~ East, boun~ on the South By the
Easterly prolongation of the Sou~ line of
said Section 16-46-43 an~ r~ning ~ree
m~les Easterly. from ~e following described
property=
All of the lands ~esignated on that certain
plat of the Fractional East half of Section
Sixteen, To.ship Forty'six south, Range
~rty-t~ee ~st, as recorded in Plat Book
1, page 25~ Palm ~ach County p~lic
as "OC~ ~D" aha also all lands, if any,
lying East of ~at port,on of said plat des-
i~ated as "~N R~D., do~ to the waters
edge of ~e Atlantic O~an.
390-~
~age 2. Ordinance No. G-$4~.
S~CTZON 2, That the bounder:les of the City of DelraF
Beach are ~ereby ~'®~efAned: s~ as to include therein the above
described ~ract of land, and said land is hereby declared ~o be
~n the Corporate l~mits of ~he City of Delra¥ Beach, Florida..
?
,~, ,~ECTXON 3. ~hat the land-.hereinabove described shall
~e~ ~ecoms subject to all of the franchiaea~ privileges,
· /.~,~U~ities~, debts; obligations, liabilities, ordinances and law~
~ ~hi'ch lands in the City of Delray Beach are no~ Or may ~e.'~ and
~er~on~s r~siding thereon sh~ll be deemed citizens of the City of
De!~Beach.
,SECTXOB 4. That if any ~ord, phrase, clause, sentence
or part 9f this o~dinance shall be declared illegal by a court
of competent Jarisdiction. such record of illegality shall in
no vmy affect 2he, remaining portion.
PASSED An regular session on the second and final read-
lng on ~hia the 25ttday of May, 196~.
MA~O'R
. ATTEST:
City Clerk
First Reading Ma~,ll,,,l~
Second Read'~nq May 25,.1964 ...........
878
MAY 15, 1964.
~ ~pectalmeeting Of the'City CounCil'of Delray BeachWas ~eld in
the ~C6uncil Chambers at' 10~00 A~M.; Friday, May 15th, 1964~ w~h
M~yo~ Al. C. Avery in the Chair, City 'Manager Robert J. HO~, City
A~o~ey John Ross Adams, and'Councilmen Smory J. Barrow,
cr~ftand' ' jack L. Saunders~ being present. ~ ~?'~,
.Mayor Avery called the meeting to' order and ann6un~ed t~9~ame
ha~ ~%en called' for the pUrPose of Consideration for need ~ ~ossi-
'bl~quisition of additional landfill area, and for any o~buSi-
nes~ Which may come before the meeting.
C~tyManager Holland informed'the Council that he had miSr~present-
ed t~ them regarding the purchase of a piece of property f~F ~xten-
si~h~Of the sanitary landfill,' as he had been ~nformed tha~t~ 9 1/10
acres of land in Model Land Company Lot 6, Section 29-46-4~, the .pur-
chase, ofwhiCh the COuncil acted on at their regUlarmeeting of May
11, was adjacent t° the present City sanitary landfill. In:further
checking and surveying, it had been determined that a 7 acre private-
ly owned tract of land~ lay north of the 9 acres, and was adjacent to
the City propertY, which 7 acres was the logical property for the City
t° purchase, Further, that said property was available for'pUrchase
by the City at a price of $32,000.00.
City Manager Holland recommended that the 7 acre tract of land be
purchased at this timel instead of the 9 acre tract, further, stating
that there would be no need for an additional railroad crossing if
the 7 acre tract was purchased and used for the intended purpose.
City EngineerFleming reported that a railroad crossing to the 9
acre tract of'iand would COst from $2,000.00 to $3,000,00, if that
tract of land was purchased and used as a sanitary landfill.
In ansWer· toa quest~on'byMr';'Croft, City Manager Holland informed
the Council that he believed the 7 acres would be sufficient for the
City sanitary landfill for approximately five years.
Mr. Croft i~formed the CounCil that he had been approached concern-
lng a sale of property to the City, which property was six miles from
the heart of the City, and at this time was not properly zoned for a
sanitary landfill, but could be p~chased for apprOximately. SI,S00.00
per acre.'
Following lengthydiseussion and comments concerning cost of equip-
ment, cost involved if the 9 acre tract of land is purchased, use of
the proposed 7 acres of land adjacent to the present City sanitary
landfill, etc., Mayor AVery commented as follows: "We have to make a
decision gentlemen, either to let it stand or take the recommendation
of the City Manage=. If you want to let it stay as it is, a motion is
in order. If not, a motionto rescind the action of Monday night
pertaining to the purChaSe of the 9 acres is in Order."
Mr. saunders said he could see no reason to let the situation stay
as it is, and moved to rescind the. action of Monday night pertaining
to the purchase of said 9 &ores of land. The motion was seconded by
Mr. Croft'and carried unanimously.
Mayor Avery asked if a motio~ would be made to authorize the pur-
chase of the · acre tract of land as recommended by City Manager
Holland.
5-15-64'
374
Mr:. Sounders asked if such action could be delayed until the City
Manager and Mr. Talbot return from vacation.
City Man~ger Holland rec~muended that action be taken on the 7
acres today, and explained in' deta$1 about-, fill designated-for th~
cemetery that'.wouldlbe used for the sanitary landfill i~ said land
was not Purchased, ~urther, that the price would possibly increase
if the-purchase was delayed.
Hr. J. L. Patterson informed the Council that said 7 acres of land
was listed for sale at $35,000.00, but in negotiating with the Owner
yesterday he had received a verbal con~i~ment of $32,000.00 gross,
which would take ca~e of all commissions, title insurance, and
ever closing costs there would be, further, this price of $32,
only pertained to an immediate sale,
Mr. Croft and Mr. Saunders questioned the purchase of land Being
such an emergency when they had not been made aware of same during
their term on the City Council.
City Manager Holland pointed out that this item had been brought
before a former Council several times, and no 'action had been taken.
He further commented on a recent report on the cost and operation of
the garbage and trash disposal,that had been sent to c°Uncilmen.
Mayor Avery said that in view of the Press being present, and the
fact that an incinerator had been mentioned, he wante~ to s~ress that
no incinerator discussion had been held or considered by himself or
any member of the Council, further, that the Council would consider
any studies they felt necessary for the operation of the City.
City Attorney Adams commented as follows: "While we are clarifying
the records for the newspapers, and Mr. Holland*S statemen~ that he
was misinformed about the description of the property do~ there, I
want to say, for the press ar.d for the record, that I'was never ap-
proached as to the legal description of that property."
City Engineer Flem£ng informed the Council that since the City
Attorney had made such statement, he would like to make the same
statement.
Following lengt,'~y discussion, Mr. Croft moved to purchase said
7 acre tract of land aa recommended by City Manager Holland, under
the same conditions and transfer of funds, etc., as the ~ acre tract
of land was to be ~urchased, for a price of $32;.0.00.00. The motion
was seconded by Mr. Barrow and carried unanimously.
Mayor Avery presented City Manager Holland a letter from the Palm
Beach County Health Department concerning SUBDIVISION iNFO~/4ATION.
City Manager Holland was wished a happy vacation by-the Council.
The meeting adjourned at-10:45 A.M., by order of Mayor Avery.
..~, D. WO~THI~.
City ~lurk
APPROVED:
-2- 5-15-64