06-08,09,10-64 390-F
JI~NE 8, 9, 10, 1964.
The BOARD OF EOUALIZATION for the City of Delray BeaCh, Palm
Beac.h County, Florida, convened at 10:00 A.M., on Monday J~e 8th,
1964~ in the Council Chambers at the City Hall in complia~ with
SectiOn 86, Article XVI of the City Charter, followlig 'le~I news-
paper Public NOtiCeS of such Annual Meeting to be held h~.v~g been
provided in accordance with Charter provision contained Sn' said
SeCtion 86.
An opening prayer was delivered by City Clerk R. D. ~uthing.
Mayor Avery acted as Chairman of the Board of Bc~uali~a~ion
Meeting and all Councilmen, Barrow, Croft, Saunders and Ta!bOt,
were present.
There being no requests to appear before the Board of Equali-
zation today, the meeting was adjourned u~til 10:30 A.M., i~eeday,
June 9th, 1964.
The BOARD OF EOL~LIZATION reco~vened at 10:30 A.M., Tuesday,
June 9th, 1964, and Tax Assessor Worthing commented as follows:
"This annual meeting is for the purpose of hearing complaints,
if any, pertaining to assessed valuations of properties, and for
providing equa~ization o~ such assessments as may be considered
fair and just by this Board of Equalization, however, the following
communication from Mr. &Mrs. Eugene Bobrovnichy, dated June 4, 1964,
has been received with the request that it be submitted to this Board..
"Having checked ~ith the City Clerk's officeregardingthis
year's taxes on our new Duplex on the corner of Ingraham Ave.
and MacFarlane Drive we have found that the value of said
property has been set'at a rather high figure. Being fully
aware oft he high cost of property in that location we
wouldn't, ordinarily, even think of raising any objection.
However, ours is a special case. Unfortuantely, through
circumstances beyond our control an~ certainly through no
fault of ours, our investment there has greatly depreciated
in value.
As we already have pointed out to the City Council in our
letter from August 16, 1963, when construction of lift station
# 17 was in full swing, that the unexpected emerging of the
unsightiy above ground cement structure, placed right in
front of the main living quarters of our high class luxury
apartment which is a rental unitwould depreciate the value
of our property considerably.
It seems we were right ~n our estimation. We were unable to
rent the apartment for the season which meant for us a total
lees. Moreover, granting that the sewer project will be com-
pleted before the next season arrives, with that lift station
right in front, we certainly will not be able to get the rental
which with the t~pe and quality of the apartment we are offer-
ing and the amount'of monty involved, we could surely have
counted on.
with the added aggravation of having that huge dredge spoil
mounted OhM rs. James' property, across the street, obscuring
the viewer the waterway, the prospect of renting for the next
season is dim indeed. All this constitutes a real hardship
390-G
for us. Rentil~ is our main source of income. How can we
pay high taxes if no money is:coming in?
If we had know, before hand what was coming we would certainly
have postponed building at least for a y~ar and probably would
have built differently, thereby saving money on interest and
taxes. In view of .this we respectfully submit to'the City
Counc/1 or the Board of EqualizatiOn our petiti°n to suspend
for this year that portion of the amount of tax which per-
tains to the value of the building, we also ask to consider
to lower somewhat the valuation figure of our property for
futUre taxation in order that taxes would be more in line with
potential income.
It is often being said that progress should~no~ be blocked by
any /nd/v/dual. As far as we are concerned we certainly did
our part in cooperating with the sewer construction crew as
much as we possibly could, lett/ng them use our water, having
machinery and tools put on our p£operty, riding over it~ etc.,
not to mention contending with all that dirt and dust flying
directly into our windows. We never complained. We too are
for progress but when this progress puts one in. danger of
heading towards financial ruin, that certainly is asking too
much. In that case, in all fairness, ways ~nd means should
be found to alleviate ~the burden, of the individual and ways
and means most certainly 9an be found.
We earnest'~y hope that our City Council will lend a sympathetic
ear to our problem."
During discussion, the Board of Equalization asked the Tax
Assessor to produce various tax assessment,cards of properties in
the vicinity of the Bobrovnichy property in order that they may com-
pare same. and Chairman Avery stressed the fact that the Board of
~gualization is co~erned purely with ascertaining the fact that
property is taxed equitably with similar properties in the community,
further, that it is ~ot the power of the Board of Equalization to
forgive taxes, as that can only be done by the City Council.
~ollowing discuss/on, Chairman Avery asked City Clerk Worthing
to ~lace the Bobr~chy request for tax relief on the agenda of the
next regular CounCil meeting.
Following lengthy discussion, Mr. Croft said the Tax Assessor
had assured the'Board that all the tax assessments were equitable,
and moved that the Boar~ accept his recommendation and deny the re-
quest for change of valuat/on, the motion being seconded hymn.
Barrow. Upon call of ro11, Mr. Barrow, Mr. Croft and Mr. Talbot
voted in favor of the motion, and Mr. Saunders and Mayor Averywere
opposed. The motion carried.
Mr. Talbot then moved that the Tax Assessor be requested to make
a survey of all the sewer lift stations in conRection with the de-
preciation of the value of property that might have been caused by
the location of said lift stations. The motion was seconded by Mr.
Croft.
Mayor Avery explained that it had been moved that the Tax
Assessor be directed to survey the properties at the locations of
all 1/ft stations and ascertain ~f any properties are being taxed
unequitably in relationship to the properties in each general area,
and if ascertained, to give them some equitable relief.
Upon call of roll, the motion carried unanimously.
~2- 6-1964 BOARD OF EQUALIZATIO~
39o-H
There being no other request, or persons to appear before this
session of the Board of Equalizat~on, on motion by Mr. Croft, the
Board unanimously agreed to recess and reconvene on Wedensday, June
10th, 1964 at 10:00 A.M.
~NE 10, 1964.
The Board of Equalization reoonvened at 10:00 A4M., Wednesday,
June 10th, 19640 and ?axAssessor Worthing informed them that no
one had requested to appear before~them'today ...... ' .'~ '. ~"
The annual Board of Equalization meeting was unanimously
adjourned at 10:05 A.M., on ~otion by Mr. Croft and seconded by
Mr. Barrow.
City Clerk
-3- 6-1964 BOARD OF E~UALIZATXO!
JUNE 8, 1964..
~ ~egular meeting of the City Council of Delray Beach waa ~d in
the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery iB~he
Cha~, City Attorney John Ross Adams, Acting CityManager R0b~Ft D.
wo~,g, and councilmen ~mory z. Barrow, J. ~eRoy'Croft,
Sa,~, and C~orge Talbot, Jr., being present.
1. ~ opening prayer was delivered by the Rev. N. A. Jenkips~
2. ~e minutes of the regular meeting of May 25th, 1964, weFe unani-
mously!approved on ~otion by Mr. Saunders and seconded
3. There were no public requests from the floor.
4.~, i~ roll call showed the following Civic Organizations 5~d Ne-
presentatives to be in attendance~
Delray. Beach Board'of RealtorS';~' Mr. Andrew Gent
Beach Taxpayers League, and
Business & Professional Women's Club Miss Dorothea Galvin
V. F. W. Post No. 4141 Mr. Paul Cummins
Planning/Zoning Board Col. Andrew L. Fabens
5. Mayor Avery said it had been brought to the attention of the Coun-
cil that Mr. Robert E. Brenner is a candidate for theoffice of Depart-
ment Junior Vice Commander Of the V. F. W. of Florida, and that his
activity has reflected, muchcredit to Delray Beach. Mayor Avery then
read the following Proclamation:
"The City CoUncil Of the City of~Delray Beach, Florida, has
been informed'that RobertE. Brenner is a candidate for the
office of Department Junior Vice Commander.
On the 8th day of June, 1964, the City Council unanimously
adopted the' following Proclamation:
WHEREAS, Robert E. Brenner has unselfishly and tireless-
ly devoted his time and ability to numerous
civic activities in this City; and
WHEREAS, The City Council, on behalf of the citizens
of the City of Delray Beach, Florida, being
desirou~s that his civic achievements be re-
cognized, acclaimed andpermanently recorded!
NOW, THEREFORE, The City Council of the City of Delray Beach,
in honor and deep appreciation of his dis-
tinguished.servioe, herebycommends ROBERT E.
BRENNER for. his contributionsto the general
welfare of the City of Delray Beach.
In passing this Proclamation~ the City Council heartily endorses
Mr. Brenner's candidaoyfor the office of Department Junior Vice
Cormmander."
The P~oclamation was unanimously adopted on motion by Mr. Croft'and
seconded by blt. Talbot.
Mayor Avery invited Commander Paul Cummins of the V. F. W. Post No.
4141 to the Council ~able and presented him with the Proclamation. for
Mt. Brenner.
...... 6-8-64
5.a. Mr. Barrow informed the Council that the Committee appointed on
naming the C-15 Canal had contacted the City of Boca Raton concerning
same, and that Boca Raton was supposed to report back to the Committee
later this week, after wh.ich a report would be. made to the Council.
5.a. Mr. Croft reported that with the permission of Mayor Avery, he
had requested the CityAttorney to prepare a proposed ordinance amend-
ing Chapter.s23 of the Code of Ordinances, and was sorry this had not
been accomplished in time for same to appear on the Agenda of this
meeting.
City Clerk Worthing read ORDINANCE NO. G-556.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY REACH, FLORIDA, AMENDING
CHAPTER 23 OF THE CODE OF ORDINANCES 'OF
THIS CITY BY ADDING SECTION 23-16 PER-
TAINING TO NEW AND REBUILT STREETS IN
THIS CITY.
Mr. Croft moved that Ordinance No. 6-556 be placed on firstr~ading,
the motion being seconded by Mr. Talbot. Upon call of ro11, Mr. Barrow.
Mr. Croft, Mr. Saunders and Mr. Talbot voted in favor of the motion,
and Mayor Avery abstainedfrom voting.
$.a. Mr. Talbot reported that he had received inquiries as to what is
going to be done at-the Boynton InLet regarding .jetties, and what
effect that would have on beach erosion all the way down to Delray
Beach. Further, that he would get mor® information on this item and
same would be placed on the Agenda of a later Councilmeeting, and that
it was his desire to unite the Councils of Delra¥ Beach, Boca Raton and
Boynton Beach, either for or against the work to be done at the inlet,
after it had been determined what the results might be.
5.a. Mayor Avery referred to the C~uncil havin~ given permission to
the Palm Beach County Board of Public Instruction for their use ofthe
City Hall on Saturday, June 6th, for a public hearing concerning Mr.
Anthony H. Holliday, suspended Principal of Carver High School. Mayor
Avery commented on the excellent conduct of the audience at said hear-
ing and.highly commended Acting City Manager worthing and his staff of
employees on the fine wa~ such a large crowd was handled and taken care
of during Such a lengthy hearing.
6.a. Concerning a request for permission toauthorize sewer service
connection to certain property, City Clerk Worthing informed the coun-
uil that a petition had been received for providing annexation of the
HorizonApartment propert~ located at 1375 Sou~h Ocean Boulevard, and
that such request was being considered. Therefore, anticipating ulti-
mate annexation of said property, Council approval for authorization
of sewer service connection extension to said land is requested.
Mr. Saunders asked the approximate cost for such connection and
where 'the money would be obtained for~ same, andwas informed the cost
would be approximately $120.00 and would bepaid for from the Sewer
Fund.
Mr. Saunders moved to authorize said sewer service connection, the
motion being seconded by Mr. Talbot and unanimously carried.
7.a. Concerning petition for rezoning of certain lands at N. E. 8th
Street and 3rd Avenue, City Clerk Worthing reported as follows:
"At council meeting of April 27th, there was presented the Petition
of severe1 property owners for reclassification of Lots 1, 2, 3, 30,
31 and 32 in Block 12, Dell Park .Subdivision; also Lots 32, 33 and 34
in Block 13, Del-Ida Park Subdivision, from R-2 (One and Two Family
Dwelling District) to C-2 (General Commercial District).
-2- 6~8-64
89.3
"Planning and Zoning Board's report pertaining to a-public hearing,
hel~ at request of Council on thie petition, was submitted t~ ~d con-
side~e~ by Council on May 25th. Action thereon was deferred ~til
thiSl~eting of June 8th. However, a request from all prope~.owners
inv~d, expressing their desire for with~rawal of the pet~ion, has
been ~eceived. Council acceptance of this withdrawal notice Will con-
clu~e.~he issue."
~. Croft thanked the property owners involved in this
pet$~ion for their cooperation and desire to be reasonable a~d"~heir
respeCt'for the views of others, and moved that the Councll ~c~pt the
withdrawal of their petition. The motion was seconded hymn; ~Frow
and ~FFied unanimously.
?.b. ~ity Clerk worthi~g info~med the Council of an applicSt~o2 for
permissive use of a portion of Lots 4 & 50 Block 1, Ocean Par~ ;36-40
Sou~B 0~ean Boulevard, more specifical-ly to provide for enclosing an
open ar%a for many years having been used as a dining area. :F~ther,
that it is recommended this petition be referred to the ~lanning/~oning
Board for a public hearing thereon and recommendation. It was so moved
by Mr. Barrow, seconded by Mr. Talbot, and unanimously carried.
8.a. City Clerk Worthing read ORDINANCE NO. G-548.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTE~ 29, CODE OF ORDINANCES OF THIS
CITY, BY ADDIN~ SUBSECTIONS (e) AND (f)
TO SECTION 29-7.5 PERTAINING TO SET BACK
REQUIREMENTS FOR THAT REAL PROPERTY WEST
OF AND BORDERING ON SOUTHWEST EIGHTH AVENUE
BETWEEN WEST ATLANTIC AVENUE.AND SOUTHWEST
FIRST STREET.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, AS FOLLOWS=
Section 1. Section 29-7,5, Chapter 29, Code of Ordinances of the
City of De.lray Beach, Florida,-[s hereby amended by the a~dition of
subsections (e) and' (f), which shall read as follows:
"(e) within the business ~istrict along the west side of Southwest
Eighth Avenue between West Atlantic'Avenue and .Southwest First Street,
all bui~ding~ shalI be set back not less than thirty-five feet from
the east property l~ne, and no structure shall be' erected, altered or
reconstructed within the area between such setback line and the west
right-of-way line of Southwest E~ghth Avenue.
"(f) Within th~ residential district along the west side of South-
west Eighth Avenue betwee~ West Atlantic Avenue and Southwest-First
Street, all buildings shall be set back not less than fifty feet from
the east prOpertY line, and no structure sh~i1 be erected, altered or
reconstructed within the area between such "'wtback~ line and the west'
right-of-way line of Southwest Eighth Avenue'.
Passed on second and final reading in regular session on this
day of ., 1964.
There being no objection to Ordinance No. G-548, said Ordinance was
unanimously passed.,and adopted on this second and final ~eading, on
motion by Mr. SaUnders and seconded by Mr. Barrow.
-3- 6-8-64
· 394
8.b. City Clerk Worthing read ORDINANCE NO. G-$49.
AN OAOZ~ANe.~ O~' ~ -Cl~TY COUNCIL OF ~ CZ~ O~
~ .~ ~ SE~ION 91, ~SHIP 46 S~H,
PAL L~ITS OF SAID CI~ ~D~FI~N~ ~ BO~RIES
OF ~ID CITY TO IN~UDE ~ID ~ PRO~D~ FOR
RIGHTS A~ OBLI~TIONS ~F ~ID ~ A~ PRO~DI~
FOR ~ ZONI~ ~OF. (~apman, ~ Bever~dge, ' Hone~an
and B~ckle)
(~py of Ordinance No. '6-549 is arrayed
official copy of ~ese minutes.} (See Pa~es 398-A & 398-B)
~ere being no-objection to Ordinance No. G-549, said Ordinance~
was unanimously pass~ and adopted on se~nd and f~nal reading, on
motion by ~. Croft and seconded by ~. Barrow.
8.c. City Clerk Worthing presented O~I~NC~ NO. G-550.
AN O~I~E OF T~ CI~ CO~CIL OF ~ CI~ OF DEL~Y
B~CH, FLORI~, ~I~ ~PT~R 18 (P~D~RS A~ SO-
~CITORS) OF T~ CODE OF T~ CI~ OF DE~Y B~ BY
~DING T~TO A ~W ARTICLE III (C~RITAB~ SOLICITA-
TIONS) CO~AINING ~W SECTIONS 18-31 ~OUGH 18-38,
~G~TIN~ SOLICI~TIONS ~R ~RI~B~, PATRIOTIC,
~LIGIOUS~ ~~L A~ ~R S~I~R ~OSES~ PRO-
~DING A PE~L~ ~OR A~ ~O~TION ~0~ A~RITY
~ CODIFY, ~ '~P~LING A~ O~INAN~S OR PARTS
O~I~N~S IN CO~LI~ ~TH.
(Copy of Ordinance No. ~550 and Application Form fo= same are at-
tached to and made a part of the off~u~al copy of ~ese minutes.)
(See
There being no objection to Ordinance No. G-550, said Orainance
was unanimously passed and adopted on second and final reading,
motion 'by ~. Talbot and seconded by ~. Croft.
City C~erk wor~ing informed ~e Council that attache~ to and form-
ing a pa,-of O=dinanoe No. G-550 is an Application ~or Permit To
Soiicit in the C~ty of Delray Beach, and if ~t ~s ~he pleasure of the
Council-to accept sa~, their approval shoul~ be given.
Mr. ~Oft ~oved that ~e proposed Application Fo~ for Pe~it to
Solicit in the City be approved, ~e motion being seuonded by
Talbot and ~an~mously carried.
8.d. ~e City Clerk presented O~I~NCE ~, G-551.
AN O~I~N~ O~ ~ CITY COUNCIL OF ~ CITY OF DEL~Y
B~, FLORI~, A~I~ ~PTER 18 (PSDD~RS A~ SO-
LICITORS) OF ~ ~DE OF ~ CITY OF DEL~Y B~ BY
ADDING ~TO A .~ ARTIC~ II (TE~PHO~ SOLICITATIONS) ~
CO~AINI~ ~W SSCTIONS 18-21 ~OUGH 18~27, ~GU~TING
~PHO~ SOLICITATIONS, PRO~ING FOR A PE~IT A~ LI-
~NSE FOR TELEPHO~ ~LI~TORS DOING BUSI~SS IN
CI~ OF D~Y B~CH~ PRO~DING FOR A ~THOD OF APPLYING
FOR SUCH PE~ITS A~ LICENSES~ ~K~ IT ~WFUL TO EN-
~GE IN SUCH BUSINESS ~OUT SU~ PE~IT A~ LI~NSE~
PRO~DI~ ~NS A~ ~SONS FOR ~VO~TIONS OF SU~ PER-
~TS A~' LI~SES~ PROVIDING PE~LTIES FOR T~ ~O~TION
O~ ~IS O~I~N~ ~P~LING A~ O~I~N~S OR PARTS
O~I~NCES IN CONFLICT ~~ PROVIDING FOR A ~NGS
C~U~ A~ORI~ TO CODIFY~ AN EFFE~I~ ~TE~ AND FOR
OT~R P~SES.
-4- 6-8-64
395
(Copy of Ordinance No. G-551 and Application Form for same are
attached to and made a part of ~he official copy of. these mi,nu, tes.)
· (~ee Pa~es 398-H th~'u 39~-L)
~ere.being` no objection to Ordinance-No. G-551, said O~di~ance
was ~animOusly- passed and adopted on second aha final reaai~g, on
mo~i0~ by Mr. Talbot and seconded by Mr; 'Saunders. ·
~ity Clerk Worthing informed the Council' that attached
for~i~ng, a part of Ordinance No. 0-551 ts an Application Fov' 995mit to
Sol%g~t by Phone in the City of Delray Beach, and if it is tbs.'pleasure
of th~ Council to accept same, their approval should be give~"~
MS, Talbot moved that the Application Form pertaining t~ telephone
soli~tations as set up in Ordinance No. 0-5§1 be approved, ~he motion
bei~Seconded by Mr. Saunters, and unanimously carried. :
8.e. City Clerk Worthing presented ORDI~ANCE NO. G-552.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELBAY BEACH CERTAIN LAND, NkMELY LOT 69~ DELRAY
BEACH SHORES, WHICH LAND IS .CONTI~UOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY; R~DEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;. PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
AND PROVIDING FOR T~E ZONING THEREOF.
Ordinance No. G-552 was unanimously placed on first reading on
motion by' ~r..Talbot and ~econded by Mrl Croft.
8.f. City Clerk Worthing presented ORDINANCE NO. G-553.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, A~NDING' CHAPTER 27 OF THE
CODE OF ORDINANCES OF THIS CITY TO ESTABLISH SEWER
SERVICE RATES; TO PROVIDE FOR THE METHOD _OF COLLEC-
TION OF SUCH RATE. CHAR~ES; TO PROVIDE FOR MANDATORY
CONNECTION 'TO THE CITY SEWER SYSTEM; TO PROVIDE PENAL-
TIES FOR NON-PAYMENT OF CHAROES: RE~ARDING DAMAGED
SEPTIC TANKS; PREVENTING THE DISC~AROE OF CERTAIN
FOREIGN MATTER INTO THE SEWER- SYSTEM; ESTABLISHING
A SEWER ADJUSTMENT ADVISORY BOARD AND PROVIDING THE
POWERS AND DUTIES THEREOF: TO REaRRANgE CERTAIN
EXISTING ..PROVISIONS: REPEALIN~ ALL ORDINANCES IN
CONFLICT:~ PROVIDING A SAVINGS CLAUSE; AND FOR OTHER
~URPOSES.
Ordinance No; G-553 was unanimously placed on first reading on
motion by Mr. Croft and seconded by Mr. Talbot.
8. g. The City Clerk - read ORDINANCE NO. G-554.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF'
DELRA¥ BEACH, . FLORIDA, AMENDING SUB-SECTION (E)
SECTION 29-7, CHAPTER 29 OF THE CODE-OF ORDIHANCES
OF THIS CITY PERTAINING TO BUILDING SITE AREA REQUIRE-
HENTS IN'THE R-3 MULTIPLE FAMILY DWELDIN~ DISTRICT.
During' discussion, Building .Inspector Hughson explained that this
amendment is a simplification of the present ordinanUe, and was recom-
mended by the Planning Board. :.
Ordinance No. 'G-554.,was unanimously place~ oh first rmadiag on mo-
tion by Mr. Saunders and' seconded by Mr. Barrow.
-5- 6-8-64
8.h. City clerk Worthing presented Ordinanc~ No. G-555, and informed
the Council that it proposes certain amendments to the .City Plumblng
Code, as a result of study and recommendation by the.Sewer System
Committee in a meeting with the Council, and due to property owners
having been requested to provide early, connection 'from the sewer system
to their septic tanks, and many already having done so, an emergency
situation was deemed to exist, therefore, ORDINANCE NO. G-555, prepared
by the C~ty Attorney, ia an emergency ordinance and this is its first
and final reading.
ORDINANCE NO. G-555.
· AN ~EMER~NCY ORDZNA. NCE O~ TH~ CITY' COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 21 OF TH~ CODE OF ORDINAnCES OF THIS
CITY PERTAINING TO SEWER PIPE SPECIFICATIONS,
AND PROVIDING AN EFFECTIVE DATE.
City Plumbing Inspector Robert Crego infOrmed the CounCil that in
the past, the Plumbing Board .has always proposed or recommended any
changes to the Plumbing Code, and since they had not had an opportunity
to review this proposed ordina~ce, felt they should be given that
opportunity before any action is taken on .said ordinance.
Following discussion, Mr.-Talbot moved that this item be referred
to the Plumbing Board and brought back to the Council .at a.epecial .meet-
ing to be held at 10:30 A.M., Wedr~sday, June 10~h, 1964, the motion
b~ing seconded by Mr. Saunders and unanimously carried.
9. There were no reports.
10.x. City Clerk Worthing reported to Council as follows: "Mr. Earl
G. Brown, owner of the north portion of that tract of land recently
exchanged with Mr. Brown and Mr. Dodson for another parcel o~ land in
town for added parking facilities, wishes ~to advance the necessary
fund~, which are approximately $600.00, to extend the sewer line from
its present nearest terminal to the north l~ne of his property, being a
distance of 99 .feet. Col. Dan Neff, Project Manager of Russell & Axon
on this sewer project, .has computed these costs from the actual unit
costs contained in the contract, for the various items which are ne-
cessitated to extend this line, from the Contract of Barbarossa & Sons.
It now extends down between 4th and 5th Avenues in the alleyway to a
point 49 feet north of the north line of S'; E. loth Street, and S. E~
10th Street being 50 feet wide, results in a 99 foot distance. Col.
Neff estimates the cost to be $612.79. In aBy event, Mr. Brown will
advance the total cost accumulated in extending that sewer line and
the pleasUre of the Council is requested to permit such extension."
Mayor Avery asked if it was normal in this t~oe of agreement that
the person who advances the money would be reimburSed through revenues
produced by the facility, if and when it becomes a fact.
Mr. Worthing replied: "That is'true, sir, and only from the revenue~
resulting from that extension, 'he will .be satisfied with such-reimburse-
ment. only from those revenues, and no other."
Mr. Talbot questioned the cost to the City in accounting procedures
which would result from an agreement of this kind.
Finance Director Weber informed the Council that for this one ite~
it would involve about five minutes of time every six months to compute
and make reimbursement.
City Clerk Worthing commented further as follows: "The urgency is
this. He would like to start construction next week of a service
station just south of the north line of his property, therefore, that
is why he is willing to advance the necessary cost for that 99 foot
extension. Should it be the pleasure of the Council to act favorably
on his request, I believe the City A~torney should be directed to draft
a formal agreement."
Mr, Croft moved that the City Attorney be authorized to draft an
agreement with Mr. Brown for that purpose, the motion being seconded
City Attorney Adams asked= "That agreement would be to the effect
that be'would be reimbursed from ~he sewer charges. Is that correct?"
Mr Worthing replied= '*Only from the revenue resulting from that
extension to his .property."
Upon call of ro11, the motion ca,tied unanimously.
Following discussion as to the length of time it would take for
Mr. Brown to be reimbursed, City c!erk, worthing explained as follows=
"I don*t believe there is any doubt in an~one*s mind but what there
will be a Phase No. 2 of the sewer system tn future years, and like-
wise do I believe that that area, such as Delray Isle and Ch~vy Chase,
and other as equally important areas-will be included in Phase No. 2,
and no doubt from the proceeds of revenue certificates, if that be the
financing policy followed'at that time, a Council, for the benefit of
the A~counting Department and your Director of Finance, would retire
any outstanding balance of this $600.00 to Mr. Brown."
10.a. City Clerk worthing presented a bill from City Attorney Adams,
in the amount of $210.0~ covering services in connection with the
purchase of two pieces of property, also Bills for Approval as follows=
General Fund -$ 48,374.41
Water Fund - Operating Fund 137,344.82
Cemetery Perpetual Care Fund 1,200.00
Interest & Sinking Fund -
Water & Sewer Revenue Bonds
Series 1961, 1962, 1963. 135.655.00
Mr. Croft moved that the bills be paid, the motion being seconded
by Mr. Barrow. Upon call of roll, Mr. Barrow, Mr. Croft, Mr. SaUnders
and Mr. Talbot voted in favor of the motion, and Mayor Avery was
opposed. Mayor Avery qualified his vote in that he has an indirect
connection with a firm listed in the Bills for Approval,
10.x. Mr. Talbot inquired as to the status of the property of-Dr.
Victor R. Alfaro on'South ocean Boulevard, in regard to the annexation
of same to the City of Delray Beach.
City Clerk Worthing reported that the Planning Board is consiflering
this item with Dr. Alfaro and his architec%Mr. Robert Blake, and feels
that in a short tim~ a solution will be worked out to the satisfautio~
of all concerned.
The meeting adjourned at 9:10 P.M.
R, D. WORTHING
City Clerk
6-8-64
'398
398-~
ORDINANCE NO. G-$49.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING
TO T~E CITY CERTAIN LAND LOCATED IN SEC-
TICK 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
WHICH LAND IS CONTIGUOUS TO EXISTING MU-
NICIPAL LIMITS OF SAID CITY~ R~.DEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND~ PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND= AND PROVIDING
FOR THE ZONXNG ~REOF.
WHEREAS, E. H. CHAPMAN; BERT B. BEVERIDGE and ARK~
T. BEVERIDGE (his wife); ROBERT B. HONEYMAN and MARIAN S.
HONEI~AN (his wife)! and E. L. SICKLE and BEULAH D, BICELE (his
wife) are the fee simple owners of the property hereinafter de-
scribed, and
WHEREAS, said E. H. C~APMAN~ BERT B. BEVERIDGE and
ARE~ T, BEVERXD~E Chis wife)~ ROBERT B~: HONEYMAN and MARIAN S.
HONE%2~AN (his wife}~ and E. L. SICKLE and BEULAH D. SICKLE
(his wife), by their petition, have~nsented and given per-
mission for the annexation of their respective properties by
the City of Delray Beach, and
WHEP~AS, the City of Delray ~each has heretofore
been authorized to annex lands in accordance with Section 185.1
of th~ City'Charter of said City granted to it by the State of
Florida~
NOW, THEREFORE, SE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of t~e City of
Delray Beach, Palm Beach County, Florida, hereby annexes to
said City the following described tracts of land located in
Palm Beach County, Florida, which lie contiguous to said City,
to-wit:
Those tracts of land in Section 210 Town-
ship 46 South, Range 43 East, Palm Beach
County, Florida, described as follows:
That part of the South 10 feet of the
North 3180 feet, lying East of State
Road ~o. 140 (South ocean Boulevard).
That part of the South 100 feet of the
North 640 feet of Gov't. Lot 4, lying
East of State Road No. 140 {South Ocean
Boulevard)~
That part of the South 150 feet of the
North 790 feet of Gov't. Lot 4, lying
East of State Road No. 140 (South Ocean
Boulevard).
That part of the South 150 feet of the
North 940 feet of Gov't. Lot 4, lying
East of state Road No. 140 .(South Ocean
Boulevard),
398-B
Page 2. Ordinance No, G-549.
SECTION '2.. That the-boundaries of the City of
Delray Beach, Florida, are. hereby redefined so as to include
therein the above described tracts of landand said land is
hereby declared to be within the corporate limits of the City
of Delray Beach, Florida.
SRCTXO~ 3. That the tracts of land hereinabove de-
scribed are hereby declared to be in ~oning District R-1A~, "
as defined by existing ordinances of the City of Delray Beach,
Florida.
SECTION 4. That the land hereinabove described shall
immediately beuome subject to all of the franchises, privileges,
immunities, debts. (except the existing bonded indebtedness),
obligations, liabilities, ordinances and laws to which lands in
the City of Delra¥ Beach are now or maybe, and persons residing
thereon shall be deemed citizens of the City of Delray Beach.
~ That if any ~ord, phrase, clause, sen-
tence or part of this ordinance shall be declared illegal by a
court of competent Jurisdiction, such record of. illegality shall
in no way aleut the remaining portion.
PASSED in regular session on, the second and final
reading on thief he 8th day of Jun~, 1964.
MA YO R
ATTEST:
City Clerk
Pirst Reading Ma~2~. 1964
second Reading . June'8,.. 19.64 _ _
398-0
ORDINANCE NO. .. 0-550
AN ORDINANCE OF THE CITY COUNCIL .OF
THE CITY OF DELRAY BEACH, FLORIDA,
A~,YENDING CHAPTER 18 (PEDDLERS AND SOLIC-
ITORS) OF THE CODE OF THE CITY. OF DELRAY
BEACH BY ADDING TI-~RETO A NEW ARTICLE III
(CHARITABLE SOLICITATIONS) CONTAINING NEW
SECTIONS 18-31 THROUGH 18-38, REGULATING
SOLICITATIONS FOR CHARITABLE, PATRIOTIC,
RELIGIOUS, FRATERNAL AND OTHER SI~LILAR
PURPOSES; PROVIDING A PENALTY FOR ANY VIO-
LATION HEREOF; AUTHORITY TO CODIFY, AND RE-
PEALING ALL ORDINANCES OR :PARTS OF ORDINANCES~
IN CONFLICT HEREWITH.
WHEREAS, It is hereby found and determined by t~e City
Council of the City of Delray. Beach, Palm Beach County, Ft~ida,
that the public welfar~ of the City requires that the solicitation
of funds for charitable purpos.es, as herein defined, be regulated.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 'COUNCIL
OF THE CITY OF ~NELRAY BEACH, FLORIDA', as follows:
SECT.~ON' ~: That ~he Code of the City~ of Delray-Beach, Florida,
be and it is hereby~amended by adding thereto
a new Article III ICharitable Solicitations) to
Chapter 18 (Peddlers and Solicitors)~which Article
III shall contain the new sections 18-31 through
18-38, reading as follows:
CHAR'iTAB LE ~0LIC ITAT IONS
SECTION 18-31. ~:%en used in this Article, certain
words and terms are hereby defined as:
(a) "Solicit" and solicitations" shall mean the
request, e~'ther directly or indirectly, for
money, property, or financial assistance on
the plea, or representation that such money,
property or financial assistance will be used
for a charitable purpose. '-
(b) "Charitable" shall mean and include the words
patrioti6, philanthropic, religious, social
service, including research, welfare, benevo-
lent, educational, civic, or fraternal, either
actual or purported.
(c) "Person" shall mean any individual, organiza-
tion, firTM, copartnership, corporation, company,
association, joint stock association, church,
religious or league, and includes any trustee,
receiver, assignee, agent or other similar
representative %here of.
(d) "Cost of Solicitation" shall mean all costs
~f"~natever nature incurred, directly or in-
directly, whether underwritten by others or
paid directly, in raising the funds solicitated.
-1-
398-D
SECTION18-32. Any person, firm or corporation de-
siring to solicit funds ~in any manner whatsoever for charitable
purposes, as herein defined, in the City of Delray Beach~ shall
file an application on a form approved by the City Council on
_ June 8th. , 196~.
SECTION~iSr~~. The City Council shall, upon consid-
eration of said aPPliCation, in its sound and sole judgment, either
grant or deny the issuance of a permit for the solicitation of
funds for charitable purposes in the City of Delray Beach. Said
permit shall be effective for a period to be set by the City
Council.
~o The information c~ntained in said
application for permit to solicit f~nds, for charitable purposes
shall be available to the public. The information contained
therein shall bo published in a newspaper designated by the City
Council, of general circulation in the City, at least two weeks
before any solicitation of funds shall begin, with the fee for
such publication to be borne by the applicant.
SECTION 18-35.. Thirty days after the solicitation of
funds is com~i6te'd~ the results of such solicitation shall be filed
with the City Council, which shall be available to the public at
all times. The following information shall be provided:
Nama and Address of Organization
Kind of Activity
Dates of Solicitations
RE CEIP T S:
Ticket sales or admission' charges
Cash contributions and pledges
Membership fees
Sale of advertising space
Cash value of donations in kind and/or items under-
written
Other receipts
Less Federal, S~ate and City taxes
Tot ~;1 Receipts
EXPENSES:
Salarie s, wage s, commission s
Remuneration to promoters or managers
Remuneration to entertainers, musicians, etc.
Rentals - auditorium, building, etc.
Rental or purchase of equipment
Cost of refreshments, food, merchandise, etc.
Administrative costs (including printing, stationery,
postage, telephone, etc.)
Advertising and publicity
Other expenditure s
Total Expenditures
NET RE~INING FOR C~%RITABLE PURPOSES
DISTRIBUTION OF FUNDS: Furnish detailed information.
If solicitation was in behalf of another organization
or association, show its name, address, date funds
were released and amount.
Said report of the results of the solicitation shall be signed and
sworn to by an authorized official of the organization.
-2 -
SECTION 18-~6. The City Council shall have the right,
in its discretion, at any time to require that the 'books of any
organization having a permit to solicit funds for charitable pur-
poses in ~he City of Delray Beach be made available for inspection
and examination by ~he City Council or some person designated by
the City Council. Should the City Council at any time request or
require any additional information not hereinabove specifically
required, upon failure of any person, firm or corporation to fur-
nish such additional information upon request, the granting of any
permit shall be refused until such information has been furnished
or in the event a permit has been issued, the same shall be subject
to cancellation because of such failure to furnish information re-
quested.
S$CTI0.N 18-~?. Any person, firm or corporation found
guilty of a vi~lation of this ordinance shall be punished by a
fine not to exceed $500.00, or by imprisonment in the city jail
for a period not to exceed sixty (60) days, or by both such fine
and imprisonment.
SECTI~ 18-38. Ail established churches located within
the municipal limits of Delray Beach, Florida, are hereby exempted
from the terms and requirements of this ordinance.
SECTION 2: Ail ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION ~: Specific authority is hereby granted to codify and
incorporate this ordinance in the City's existing code.
SEC. TION 4: This ordinance shall take effect at the time and in
the manner as provided by the Charter of the City of
Delray Beach, Florida.
PASSED in regular session on the second and final
reading on this the 8th day of .. Ju~e .. , 1964.
ATTEST:
First Reading ~aw~2~. 1964 Second Reading June
-3-
398-F
Form approved by
City Council
.. ~ .T,,.._ ~ _2ink, 196~
City 'COde, Chapt~--~8
APPLICATION FOR PERhJT TO SOLICIT
IN CITY OF DELRAY BEACH, FLORIDA
N~e 6~ 0~ganiZ~ti°n ~
k~r e ss' T~'te phone 'N°.
Incorporated: Yes: No: Date of Incorporation
Names ~0f 0fffcehs ~n~ di'~ectors
Purpose of organization
Name of Local Paid Executive:
KIND OF ACTIVITY:
'('~eher~l' SolicitatiOn', B~lt', ~4otion Pi~'~e, etc. Y
~'~ffC Purpose of So¥ic"it'Rti~
NKme-~d Addre'ss of Local"Cha'i'rm~h or' Pe~n DireCting SOlicit~ti6n
Dhte S 'of' S611'&i~atiOh
~iethods of solicitation
P~id"Promoters or So~i'~it'6r~" percentage Agreement
Es'ti~nbed 'Admi~is'trative Cost Items OnderWritton
of Fund Raising in Delray Beach
Estimated Percentage of Proceeds to
be expended in Delray Beach
LATEST SOLICITATION IN TH~ CITY OF DELP~%Y ~EACH:
Total Amount collected in 19 . .
Total Expenses in 19
Remitted ~o National--6~"State i~19
Amount of Proceeds Expended in Palm-~ach County in
To this form must be attached:
Copy of Charter
Copy of By-Laws
Statement of income and expenditures for previous
year for local, regional and national organization
TITLE
Sworn to and subscribed be-
fore m.~,, this ~ :- day.of
........ . ., 1965
Not~ry' Pub'li~
City Council:.
Approved: ..........
Disapproved:
Minute Book:
Page:
-2-
398-H
ORDINANCE NO.
AN ORDINANCE OF 'FHE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, A~NDING CHAPTER 18 (PEDDLES AND SOLICITORS) OF THE
CODE OF THE CITY OF DELRAY BEACH BY ADDING THERETO A NEW ARTICLE
II (TELEPHONE SOLICIT~TIONS), CONTAINING NEW SECTIONS 18-21
THROUGH 18-27, REGULATING TELEPHONE SOLICITATIONS, PROVIDING FOR
A PERS~IT AND LICENSE FOR TELEPHONE SOLICITORS DOING BUSINESS IN
THE CITY OF DELRAY BEACH; PROVIDING FOR A ~.-ETHOD OF APPLYING FOR
S~JCH PE~ITS AND LIC,E, NSES; ~..~KING IT UNLAWFUL TO F~G.~GE' IN .S, UCH
BUSINESS WITHOUT SUCh PEF$2IT AND LICENSE; PROVIDING ~,~ANS AND
REASONS FOR REVOCATIONS OF SUCH PE~2ITS AND LICENSES; PROVIDING
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; REPEALI~~ ALL
0RDINA~CES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; pROVIDING
FOR A S~VINGS CItY, USE; AU~{O~ITY TO CODIFY; AN EFFECTIVE DATE; AND
F~R OTHER PURPOS~]S.
~E AND IT IS HEreBY ORDAINED BY T~LE CITY COUNCIL OF THE CItY OF
DELHAY BEACH, FLORIDA:
SECTION 1,: That the Code of the City of Delray Beach, Florida,
be and it is hereby further amended by add. lng thereto
a new Article II (Telephone Solicitations) to Chapter
18 (Peddlers and Solicitors) which Article II shall
contain the new sections 18-21 through 18-27, ~eading
as follows:
ARTICLE ti
TELEPHONE SOLICITATIONS
Sec. 18-21. Telephone Solicitations, license required,
It shall be unlawful for any person in his own
name or on behalf of another person, company or organi-
zation to solicit funds or contributions for a charity
or purported charity or %o solicit a sale of merchan-
dise or service by use of the telephone without having
firs~ obtained a telephone solicitor's license as re-
quired by this Chapter and Chapter 16 of this Code.
Sec. 18-22. Telephone solicitation license, appli-
cation.
Applicants for telephone solicitation license
shall file with the tax collector application upon
forms prescribed and furnished by the tax collector,
approved by the City Council on June _8~h, 1964.
Sec. 18-23. Telephone Solicitations - Identification.
Telephone solicitors must, at the beginning of each
telephone solicitation message, state to the recipient
of such telephone call, "This is a telephone solici-
tation''.
Sec. 18-24. Same - l"/isleading sales message.
It shall be unlawful to represent in any telephone
solicitation message that the recipient of ~ch message
has won a contest, is to be given a prize or gift or
otherwise mislead the recipient of such message as to
the object of such solicitation.
-1-
398-I
Sec. 18,25. Same - Text of solicitor's messages to
be submitted to City Council.
The text of every telephone $ol'icitation message
must be submitted tO the City Council and approved by
them prior to being used in any solicitation campaign.
Use of telephone solicitation messages which have not
been approved by the City Council shall be grounds for
revocation of the solicitor's license of the person
making such call and of the employer of such person.
Sec. 18-26. List of persons not wishing to be
solicited by telephone.
The tax collector shall maintain a list of persons
who do not wish to receive telephone solicitation
messages. Persons desiring to have their names placed
on such li~st must come to the office of the tax collec-
tor and sign a register ~aintained by the tax collector
for such purpose. A current copy of such list shall be
furnished each licensee a~ the time ~,~s telephone
solicitor's license is issued and ~he tax collector,
as m~mes are added to such list or removed therefrom,
shall notify all licensed telephone solicitors, by
mail, of such new names added to the list or names
removed therefrom.
(a) It shall be unlawful fc~ any telephone
solicitor licensed by this city to telephone a person
whose nsme appears on such list from this city for any
of the purposes ~listed in section 18-21 hereof.
Sec. 18-2~. Penalties.
An~ person convicted of violating any portion
of this chapter shall be punished by a fine not
exceeding five hundred dollars or By imprisonment
in the City Jail for not more than sixty days or by
both such fine and imprisonment.
SECTION 2: All laws or Ordinances or par~s of laws or ordinances
in conflict herewith are hereby repealed.
SECTION ~: Should any section or provision of this ordinance or
any portion thereof, any paragraph, sentence or word
be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity
of the remainder hereof as a whole, or any part thereof,
other than the part declared to be invalid.
SE..C. TION ~: Specific authority is hereby granted to codify this
ordinanc e.
- 2 -
398-J
SECTION 2: This ordinance s~mlt become effective immediately upon
its passage,
FIRST READING THIS ~_ 25~b DAY OF ~y ........... ,A.D., 196~.
SECOND, FINAL READING I3~ FULL AND PASSAGE THE , .,gth DAY OF
, June ........ , A.D., 196&.
( CORPORATE SEAL)
MAYOR
ATTEST:
~Tr ~LE~ .......
-3-
398-K
Form Approved by City Council
~ June 8th. , 196~
City Code, Chapter 18
TELEPHONE SOLICITOR APPLICATION
FOR LICENSE
RULES AND REGULATIONS
1. Application must be completed in full, otherwise it will not be
con sidere d.
2. Application must be addressed to and be filed with the 0ity Tax
~Ollector. If the completed appllca%ion complies with these
Pules and regulations, the Tax CollectOr shall thereupon ~trans-
mit the same to the City ~nager for submission to the Otty
Council for consideration.
3. No license will be issued by the Tax Collector until after the
application has been submitted to and approved by the City
Council and all required inspeCoions are c~npleted.
The license issued hereunder shall not extend beyond the date
stated in the application.
5. In the event of a violation or serious infraction, such license
may be cancelled, revoked or suspended by the City ~.'4~nager.
Such cancellation, revocation or suspension, with the reasons
therefor~ shall be reported to the City Council for confirmation
or rejection.
6. Applicant shall file with application a statemen~ describing in
detail the service or com~odity to be sold by telephone solici-
tation.
7. Name, location and date of last solicitation by ~elephone.
8. Statement or copy of guarantee of merchandise, commodity or ser-
vice to be rendered.
9. Name and permanent address of party making the guarantee.
lO. Attach a list of all telephone solicitors or workers, and
addre ss e s.
ll. A~tach a nationally recognized credi~ agency report on the per-
son, firm, corporation or organization being represented.
12. Date(s) telephone solicitation is to be conducted.
13. No permit will be granted for any solicitation by telephone to
be conducted between the hours of 8:00 P.~,i. and 8:00 A.M. of the
following day.
APPLICATION FOR .TELEPHONE SOLICITORS LICENSE
Da~e
To:City Tax Collector
City Hall
Delray Beach, Florida
1. Name of Applicant
2. Nailing Address ~, Tel, No. , ........
3. Business Location
398-L
Application for Telephone Solicitors License (Continued)
4. Describe in detail.the services or commodity
5. Have you ever used telephone solicitation before? Yes
No~. If so:
Name
Lo cat i on Date
6. Copy of guarantee of satisfaction attached.~ If none, please
so state
Name and perman~ent address of party making such guarantee
7. Date(s) telephone solicitation is' to be conducted:
8. Attached list of all telephone solicitors or workers and
addresses. Attached ~ ,,. . ,,
9. Attach a nationally recognized credit agency repor~ on the
person, firm, corporation or organization being represented.
Attact~ed If none please so' state
lO. We agree to solicit by telephone only between the hours of
8:00 A.M. and 8:00 A.M. Yes No
Name'of Applicanb
By:
Title
City Council: Approved ......
Disapproved
Minute Book
Page
399
O'~ 10, 1964.
A special meeting of the City Council of Delray Beach was held in
the Council Chambers at 10=30 A.M., Wednesday, June loth, 1964~ with
Mayo~ Al. C. Avery in.the Chair, Acting City Manager RobertD. Worthing,
and Councilmen Emory J. Barrow, J. LeRoy Croft, Jack L. Saunders and
Geoyge Talbot, Jr., being present.
Mayor'Avery called the meeting to order and announced that same
had be~n called for the purpose of consideration concerning an amend-
ment ~o Chapter 21 of the Code of Ordinances pertaining to Sewer Pipe
Spec~f~cations, and for any other business that may come before the
meeting.
An opening prayer was delivered by City Clerk Worthing.
Mayor Avery asked Mr. Worthing to bring before the Council the
business for which this meeting was called, and Mr. Worthing:reported
to council as follows= "I regret the inconvenience caused by bringing
this meeting to a head for reconsideration of Ordinance No. G-55§, sub-
mitted last Monday night. I recommend that the proposed Ordinance be
forgotten in its entirety. Since. Monday high, the contents thereof
were considered by the Plumbing Board, and the report of that Board,
received a few moments ago, without sufficient time to furnish you
gentlemen with a copy, is as follows=
~It is the recommendation of thePlumbing Commission that for
the health, welfare, safety and least cost to the users, cast
iron pipe with oakum and lead joints is still far superior to
any substitute, therafore~ we recommend that there be no changes
to the Plumbing Code except the following=
Sec. 21-12, paragraph (d) Sewers shall be of cast
iron pipe and all joints shall be caulked with oakum
and lead. When any labor repairs &re to be made to
terra cotta sewers connected with city sewer, such
repairs shall be made with cast iron replacement pipes.
Sec. 21-I8..S°il and Waste Pipe - Miscellaneous
Provisions Governing.
(b) All soil and waste lines must be direct as possible,
and shall have a proper fall to the. sewer. Soil, waste
and vent stack shall extend at least one foot above the
highest opening in the main roof. All soil stacks
carried to the second floor must be extended full size
through the roof. Stacks shall be flashed with an
approved flashing or with a roof collar of lead or
copper, and then counter-flashed by a sleeve caulked
on the stack. All stacks must be left open at the top.
Provide a cleanout or test tee in the sewer ~ine within
the last three feet before entering the septic tank.
When connected to City Sewer, provide a cleanout three
feet from building and every fifty feet thereafter, and
bring ~leanout and test tees to finish grade. So~1
pipes from house to septic tank shall not be over ten
(10) inches below finished grade at septic tank.'"
City Clerk Worthing informed the Council that these recommended
amendments could be incorporated in a normal ordinance for submission
to the Council at the regular meeting of June 22nd.
At the request of City Clerk Worthi~g, Plumbing ~nspector Crego ex-
plained the proposed change in the ordinance concerning bringing the
test tees to finish grade. 6-10-64
Mr. Croft said he had'been asked why props, try owners w~re =equire~
to use cast iron pipe when the City sewer lines are terra cotta.
Mr. Cxego explained that the sewer iines in the streets are deep
in the ground and not as subject to damage by~ roots as the lines on
private property that are much nearer the surface of the ground.
Mayor Avery asked for a statement from the ~lumbing Board as to
why they do not consider a mechanical jointas satisfactory as the
lead and oakum. Mr. ~ego informed the Council that after investi-
gation through plumbers and plumbing boards throughout the County and
State that have accepted the percussion joints, mechanical joints,
and slip joints, ~ it has been-., found there is more chance of an
imperfect seal and therefore more difficulty with roots getting into
the sewer line. Mr. Crego also informed the Council that:all the
sewer lines were tested after being installed~ Therefore, there was
no great seepage into the sewer system, but there would always be a
small amount of seepage.
City Engineer ~leming informed the~ Council that he had written a
set of specifications in accordance with the cast iron research book
which defines the various types of pipe, and continued as follows:
"There is also specified a proof soil pipe by the Southern Building
Code and by the United States Department of Commerce. This type of
pipe is used in buildings normally in this part of the stat~ although
it is not mentioned in the standard hand book. I find, which I didn't
know until yesterday, that manufacturers of this type of pipe also
manufacture.what they =all a compression joint. It is a joint with
a rubber gasket which can be forced together to make a decent seal.
The ~ost of the pipe is probably about 10~ higher, somewhere about
.90¢ per foot for 4" pipe, with this type of joint. Let me read to
you here from our own. Code of Ordinances from Section 21-1,(d) 'No
person who engages in plumbing work on his own home or the premises
thereof shall be required to comply with the provisions of this
chapter requiring him to be a licensed plumbe~ provided such' work is
actually performed by hi, but in all cases, must comply with the pro-
visions of this chapter z~lating to the securing of permits, the in-
spection and performance of the work and the materials used therein.'
I didn't write that paragraph. That's the. law. It is bypassed by this
statement that says for all practical purposes, the joints must be lead
and oakum. No private property owner has the equipment, and few the
ability, to pour h~ lead into a joint and make a.good joint, so for
all practical purpose~this means that your plumbers must be employed.
in putting in this pipe, whereas the code says it can be done by the
property owner himself if he wants to save a littIe money. That has
been the basis of my attempt to specify types of pipe that could be
used. As I say, i didn't write that paragraph. I am not sure I agree
with it, bu~ ~ is there."
'. Mayor Avery asked: "Now as to the mechanical joint. The statement
that the burr on the pipe will pull up the neoprene and will cause a
leak. Will you comment ~n that,"
City Engineer Fleming: "We have installed water mains many times
and tested them. I have been completely satisfied with the test of
mechanical type joints. There.have been very few failures, bqt I can't
think of one now except in an asbestos cement pipe where it was used,
and it failed because the wa~ had rolled up in the joint. Leaded
joints are perfectly satisfactory, although.there is more likely to
be leaks found in them in the first testing than in standard gasket
Joints."
During comments, Mr. Talbot said he was in favor of the lead and
oakum joints and in the protection of the City and the public, felt
it was a plumber's. Job.
-2- 6-10-64
'Mayor Avery asked for an opinion from the City Attorne~ who re-
plied as foliows= "As long as a man is equipped and qualified and
can ~eet the inspections, I donet think you can pass a law which can
'~hibit him from doing his own work at his own house, bug ~t has to
b@ s~bJect to inspection."
. ~yor Avery asked the Plumbing Inspector how the lines were tested
fo[ leaks from the house to the City ~ewer Line, and Mr. C~ego ex-
p~ed that all l~nes are tested with a head of water which:creates
a pressure and shows any tesks.
Mr. Ouinton Bishop, a member of the PlumbingBoard, informed the
C~u~i that he was in favor of the le&d and oakum joints, and that
the~"'had ~roven satisfactory.
~or Avery commented as follows= "You have had the facts pre-
sensed to' you, pro and con. ~hat is yottr pleasure? I th~ the
pFoper motion, if you want to stick with the old specifications of
lead and oakum, that you make a motion that the ordinance be drawn
to accept the recommendations of the City Manager, and you will dis-
pose of it." It was so moved by Mr. Talbot, seconded by Mr. Barrow,
and unanimously carried.
City Attorney Adams asked if City Clerk'WOrthing had sufficient
directions as tO whether the new ordinance would 'be prepared as a
regular or an emergency ordinance, and Mayor Avery pointed out that
Mr. worthin~ had~said same could be prepared as a normal ordinance
and be presented for first reading at the June 22nd ~eeting.
It was mentioned that the plumbers doing business in Delray Beach
should be advised of the proposed changes to the Plumbing Code, and
the PlUmbing Inspector informed the Council that the plumbers are-
aware of the proposed changes and that all new sewer line instal-
lations have been in accordance with the proposed amendment ~oncern-
lng br%nging the test tees to finish grade.
Plumbing Inspector Crego informed the Council there were other
minor amendments that have been proposed for the Plumbing Code, in-
cluding insuranCe requirements.~-
City Attorney Adams asked if it was proper for him to include minor
amendments thatwere non-controversial in said code,in addition to the
two amendments that had been presented to the Council today, and pre-
sent them to the'Couhctl in one ordinance. '' ·
Mayor Avery asked that any minor changes recommended by the Plumb-
ing Board be included in said ordinance for presentation to the
Council.
Concerning the summer recreational program, City Clerk Worthing
informed the Council of an offer from Mr. Jimmte Jackson, and comment-
ed as follows: "We have arranged for an eight week program involving
the services of J~mmie Jackson, otherwise known as ~lea Jackson, on
the basis of an offer made by him,which in brief is as follows:
This program,which will start on T~esday, July ?th,an~ end approximate-
ly August 27'th, being a~ eight Week program, will cover instruct~ons
from beginners to experts, three days a week, on TueSday, Wednesday
and Thursday, from 9=00 tO 12~00 A.M., ~nd from 1:00 to 4:00 P.M.
The program will be partially self-~upporting through a nominal ac-
tivity fee, such as the fee charged at the city swimming pools and
tennis courts. He shall arrange to furnish himself all necessary
equipment,which in~lud~ boats, motors, skis, ropes, and water ski
life saver jacketS'that'everyone shall be required to wear. The pro-
spective students must only bring ~[s or her bathing suit and a 'towel.
6-10-64
The funds necessary to meet this expense are available from existing
Recreational DePartmentbudget &nd'no appr~riation is being requested.
However, your approval fo= such temporary employment, which the ad-
ministration considers &'golden opportunity lot"further good will and
public relationship for Delray Beach, Florida, nationwide, will be
appreciated."
Mayor Avery said since this would be done with City funds, there
would be some City l~ebil~ty, and asked'if'the City would be-protected
as far as insurance is concerned, to which Mr.' Worthing said that it
would be protected through the current liability insurance coverage.
Mayo= Avery said this was normally an administrative matter, but
since the A=ting City Manager had asked for Council appro~al, he.felt, he
should receive that approval.
Mr. Saundere asked the a~ount of money involved in this program
and Mr. worthing stated that the salary for Mr. Jackson would be
$400.00 for the eight weeks, and that there may be a slight additional
expense for gasoline.
Following comments, Mr. Talbot moved to aPProve the recommendations
of the City Manager concerning this program, the motion being seconded
by Mr. Barrow and unanimously carried.
Mayor Avery commended the Chamber of Commerce for their part in
planning this program after Mr. Jackson had contacted them concerning
same.
Mr. Talbot said he-understands the sporting goods companies who are
furnishing the equipment for this ski program will take pictures of
same for their advertisement, and hopes this will further advertise
and promote Delray Beach.
~ayor Avery commented as folloWs: "The press should know this, if
it ie true, that this is the first program of this sort conducted by
any public group, municipal, county, state or othe~wiee, that has been
attempted in the country." Mr. Ellingsworth, Manager of the Chamber
of Commerce, said that was t~ue, according to jimmie Jackson.
City Clerk Worthing reported to Council as follows: "At the request
of RusSell & Axon, the City Council on April 27, 1964, assigned the
contract of ~ilbert W. Clifford & Associates for resident supervision
of construction of the two bridges over the C-15 Canal to Russell &
Axon, subject to the approval of the Central and Southern Florida Floo~
Control District. During Council discussion, it was brought out that
Clifford's contract called for actual salaries plus 2§%, whereas
RuSsell a Axon's present contract calls for actual salaries plus 50%.
City Engineer Mark Fleming subsequently contacted Mr. Frank Osteen
of Russell & Axon, who suggested that the contract be allowed to re-
main with Clifford & Associates. This is also the recommendation o~
the city administration, and a motion would be in order~ subje6t to
Council sustaining such recommendation, to rescind its assignment of
April 27th ,as previously mentioned ,and direct the City Manager to
notify Mr. Clifford that the City expects him to complete his contract.'
Mr. Saunders move~ to rescind Council action of ~pril 27, 1964,
assigning the contract of Gilbert W. Clifford & Associates to Russell
a Axon, the motion being seconded by Mr. Barrow'and unanimously carried.
For a matter of information, City Attorney Adams said that the
assignment of that contract had not actually been completed., as it had
been assigned subject to the approval of the Central and South Florida
Flood Control District, and theyhad not been contacted concerning same
6-10-64
t03
Concerning lifting of permanent spoil easements, City. Clerk
worthing reported that City Attorney Adams had written to. Col. Herman
W. Schull, Jr. of the Florida Inland. Navigation District, an~ the
following letter, dated June 8th, .was in reply=
"Re= MSAs 648-A and 648-D.
I have your letter of June 4th in which you ask. whether the
united States would release or quitclaim the easements on
Blocks 136 and 144 of the City of Delray Beach in exchange
for an easement along the Casuarina Road right-of-way. The
easements on Blocks 136 and 144 are designated in our re-
cords as MSAs 648-A and 649-D. .~
The permanent pipeline easement over Casuarina Road to be
granted by the City should also include permanent easements
to permit the laying of pipelines throughout the area of
MSAs 648-A and 648-D to be quitclaimed.. It would also be
desirable if the City woul~ grant the use of Nassau Street
and the extension of Nassau Street through the City yacht
basin as a permanent pipeline easement to the municipal
beach. It would also be necessary for the City to grant
permanent beech disposal easements on the municipal beach
at the foot of these streets. The granting of both easements
would provide flexibility to the dredging operations of the
United States and would provide an opportunity for disposal '
of material on the municipal beach' where it could be of the
most benefit."
City Clerk Worthing informed the Council that the yacht basin re-
ferred to is the 200' City owned yacht basin deeded to the City in
1952 by John B. Reid.
Mayor Avery pointed out that permanent spoil easements to the beach
would haveto be granted to the government before they would lift the
spoil easements now existing in BloCks 136 and 144, and agreement with
Mr. DeRice would then be completed in the deeding of said yacht~basin
for perpetual use as a yacht basin.
City Attorney Adams informed the Counci!.this had beenbrought be-
fore them at this time as it is impossible for the City to grant an
easement over an extension of Nassau street as there is private proper-
ty involved at ~hat location. Further, that there exists a 10' ease-
ment extending West from In~raham Avenue and south of the P15am Yacht
Basin, over which a pe.rmanen, t easement could be granted to the govern-
ment, if the Council desired him to contact Col. Schull concerning same
The City Attorney said he did not know whether the Council, at this
stage, wanted to specify whether the spoil could be placed on the off-
shore or on the beach itself.
Following discussion, Mr. Talbot moved that the City Manager and
City Attorney be instructed to negotiate, with0ol. Schull in.the manner
suggested, the motion being seconded by Mr. Saunders and unanimously
carried.
City Attorney Adams referred to the DeRice and James properties on
which there is dredged materials from the Intracoastal Waterway, and
said if it is the feeling of the Council that those areas are a,public
nuisance, suggested as follows: "What we might' do, if it is the feel-
ing of the CoUncil that those areas are~'presently a nuisance, we could
write the people. Notify each one that by August 1st, unless they have
told us specificallyin writing that they were going to level or ~emove
those areas, that we would have to take action and secure a mandatory
injunction and have it removed by November 1st. The problemwith pass-
ing an ordinance is .that it loo~s arbitrary if YoU set a certain level
or grade that it has to be removed to, unless you want to get int°
-51 6-10-64
ground level controls all over the City. ! think i£ ~e can't get
assurancoa from ~oae ~oplo b~ Auger 1st ~a~ ~t ~uld ~ ~e~ed
by Nove~ 1st, ~ ~ld ,e~er ha~ to ~o ~n~ our lot cloar~n~
ordinance and ~y ~o ost~l~oh o~ k~nd of l~en ~at way, or else
qec a ~ndatoF7 ~nJunct~on ~n co~ ~ch probably ~uldn*t ~, too
hard to do,"
Mr. Taler ~ved ~at ~O C~ty At~or~ be ~nstruc~ed 2o ~
such letters, and also go fforwa~d ~ith an ord~nan~, ~he ~on be[n~
seconded by ~. ~rrow.
~. ~1~ referred ~o other pieces of property wi~ the unsightly
dredged ~rial on ~em, said protrudes being ab Atlantic Avenue
and at N. E. 8~ Steer, and s~d ~e feels ~is ~tem should be ap~
proa~ ~r~ every ~ssible angle in an attest to impr~e ~e con-
dit~on, of' the properties.
~on call of roll, the motion carried ~animously.
~e meeting adjo~n~ at 11=40 A.M.
City Clerk
APPROVED:
MAYOR
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