Loading...
09-14-64 SEPTEMBER 14, 1964. A regular meeting of the City Council of Delray Be~h was held in ~he Council Chambers at 8~00 P.M., with Mayor Al. ~, Avery in the'Chair, city Attorney John Ross Adams, City Manager ~obert J. Holland, 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. Byron S. Fruit. 2. The minutes of the regular Council meeting of August 24th and special meetings of September 1st and 3rd, 1964, were ~nant- mousZy approve~ on motion by Mr. Barrow and seconded bye.' Saunders. 3. Mr. Martin Kummer asked about the item of rezoning of Lots 6, 7 and 8, Block 4, Southridge Subdivision, and was informed there would be a public hearing on same at the regular meeting ~ October 12th, at the time of second reading of Ordinance No. G-569. 4. Mr. Croft read the Beautification Committee meeting minutes of September 3rd, 1964. 4.a. A roll call showed the f°llowing Civic Organizations and representatives to be in attendance: Board of Realtors Mr. Andrew Gent Seagrape Garden Club Mrs. Margaret Bowen Lions Club Mr. Dave Tyson Breezy Ridge Estates Mr. John Sword League of women Voters Mrs. Phyllis Plume 5. City Clerk Worthing informed ~he Council that as a result.of a one hour courtesy parking ticket, issued recently by the Police Department, Enema M. Gavitt end Ruth M. Van Graafeiland, Executive Directors of the Y. W. C. A. of Canton, Ohio, wrote the following note to the Council: "Thank you for this courtesy and consideration. We have come back here for the past eight years, and are aware of the summertime parking policy. Delray Beach is a beautiful City. One of the best." 5. The City CLerk read the following letter concerning the : Municipal Tennis Courts, from County Commissioner George V. Warren, dated September llth, 1964= "When a long discussed and planned project finally becomes a reality - such as the re-location of the City tennis court - I believe recognition should be given to those who contributed to its satisfactory conclusion. The City Commission appointed members of the Tennis Committee, Dr. Monroe Father, Kenneth Jacobson, Paul Speicher, and Dr. Shoal were vigilant in protecting the city's interests over the past three years, and in determining the amount the city should receive as replacement damages, and their efforts have finally-been realized. Also, with thanks to Robert Holland for hie assistance as a City Commissioner, and now as City Manager, and recognition to the City Commission of 1962, of which I was a member, and to the present Commission. As your County Commissioner, I am proud to enclose warrant from the State Road Department and attached letter setting 9/14/s4 0.0~,' "forth the cooperative, agreement for County assistance." City'~C1erk~W~hing then read the folloWing.letter from County Commissioner ~eorge V. warren'to the City Manager, dated September 10th, 1964: "Enclosed please find State Road Department warrant in the amount of $14,230.00 representing paYment for right of way for State Road 806. (0opy of. Olosing Statement attached to these minutes.) (See Page 526-~! Also it is with real pleasure that I report to ~you action of the Board of County Commissioners in .session july 13, 1964, authorizing County cooperation in the reconstruction of the tennis courts for public recreational purposes. It is understood that the City of Delray Beach has received 'bids and awarded the contract to the'F. C. Paise Company, the lowest and best bidder. '' In accordance with the above stated action, the Board of County Commissioners will pay the City $2,200.00 upon receipt of copies of paid invoices from the City certified as to satisfactory ~completion of the contract." 5. The City Clerk read the following letter from Arvida Corpo- ration, dated September 9th, 1964~ "Re: Real property located in Blocks 141 and 149, Delray BeaCh, Florida. On September 2nd we completed the removal and grading of the spoil bank on the subJe~ property, we have provided for drainage of the surrounding areas and it is hoped that the condition of this property is satisfactory to the City of Delray Beach." Mr. Talbot moved that the City Manager be directed to survey this property and ascertain if it is in adcordance with the desires of the City, the motion being seconded by Mr. Saunders and unani- mously carried. City Manager Holland reported that all the properties con- sidered to be a nuisance as s result of dredged materials being placed thereon from the IntracoastaI Waterwaydredging,.had been satisfactorily taken care of with the exception of Lot X, Block 14, Seagate, and there had been some work done on that property. 5. City Clerk Worthing read the following letter, written to Mr. O. W. Woodard, Jr. from Mr. Ellis F. Altman, Director of Civil Defense of Palm Beach County, dated August 28, 1964: "My personal thanks for a job well done before, during, and after hurricane Cleo. .Your cooperation in alerting your city forces and the public information you gave not only prevented loss of life and property, but showed your citizens of the need for a capable, efficient Civil Defense organization. As County Director I was ready with all County resources to step in and assist you. This was not needed although we were fully prepared and capable of doing so. Thanks again." 66 -2- 9/14/64 · 513 5. T~'City clerk read letters from Dr.*' L. C. Ogburn, Delray Beach .~h~er of Commerce and the Beach 'Taxpayers League t~City Manage~glland, commending him on the pre~aration~ for an~ '~ean-up work w~t~.~ regard to hurricane Cleo. 5. C~y Clerk Worthing read a letter from Eugene and Anna Bobrovn~Y, dated September 9th, expressing their gratitude and thanks for the removal of the above-ground structure of S~t~ry Sewer L~~ Station No. 17 on MacFarlane Drive; further; ~ended the Cou~%! for instituting legislation concerning the re~al of dredged~ S~il from properties. ' 5. 9 City Clerk read an invitation from the City of Beach t9 attend their "I AM AN AMSRICAN DAY" saturday, Oct~r 3, 1964, at the Boynton Beach Casino and Beach. 5. ~$~y Clerk Worthing read the following letter from .~h.e. Delray Beach Recreation Club, Inc., signed by C. w. Rice, President:, and dated September 11th, 1964~ "Mayor Avery upon two Previous occasions has been an honored guest at winter~ functions of-' the Shuffleboard Club and he has previously briefly discussed with the writer some practical possible improvements in the city park recreational facilities. With your kind indulgence I woui~ like to support Mayor Avery's ideas and to briefly mention some additional expressions that Winter residents have mentioned to the writer. There exists a large volume of thought that the Delray shuffleboard games area has c~me archaic. This particular play spot had it's beginnings about the year 1925 and thusly does not now rate with the more modern. Our courts are' plagued with drift and a worn surface not conducive to accurate play. As a result we have co~laints and players are citing the fact that neighboring towns of B~ynton, Boca, Deerfield and Pompano, either have or are in the process of modernizing their facilities. Many believe the city of Delray Beach should consider sUch In no wise does the writer presume to speak for the Bowling on the Green and' Senior Citizens groups, who have frequently expressed along with members of the Shuffleboard Club, that a central recreation' building in the park would ~e highly desirable for the use of these three organizations. The bowlers have no present protection~ the Senior Citizens meet at the Youth Center, which does ~not make for best harmony; the Shuffleboard membership has ~ompletely out, grown the modest' little frame building adjacent to the new pump house. You may be interested in the following facts and figures. An excess of 26,000 games will have been played on our courts in this oalendar year by a total of 670 different participants of which 600 are Winter visitors, who' spend here in our community more than a milIion dollars each season. Nine of our members have p~rchased new homes in the past year. We belong to the Palm Beach County Inter City League, composed of Boynton, Briny Breezes, Kokomo, Pine Grove and Cuttle. This league ~lays both a Winter and Summer schedule and thusly brings many players and spectators to our courts. In all of FlOrida there are 202 shuffleboard clubs maintain- ing 2360 ~ourtS with 45,840' members. The ga~ has become an important recreational pastime. -3- 9/~4/64 86 ~514 "Briefly summihg up the whole'm~tter. It would make a large group of adu!t"Winter visitors extremely happy if there were'constructed a suitableand ample facility to take care of their entertainment and recreational re quirements. Should you be inclinedto further pursue this matter,. the writer.would be glad to pass on many person~l obser- vations and views which have bean directed my'way." Mayor Avery said he felt it would be proper at this time to instruct the City Manager to start instituting some thinking along the lines of .the constructive suggestions set forth bY Mr. Rice. It was so moved by Mr. Croft, seconded by Mr. Talbot and unanimously carried. $,a. Mr. Barrow asked about-.the regulations concerning hours of buildingconstruction within the City, and was informed this would be discussed under item 9.b. tonight. 5.a. Mr. Sa~nders asked the City Manager the status of the blinker light attN. Swinton Avenue and 22nd Street and a light in the vicinity°f the Delray Elementary School. City Manager Holland. informed the council the light on N. E. 22nd street would be installed as soon as the power company could place a.pole. ~urther, the lightnear the Elementary School had been ordered and would be installed &s~soon as possible, but that it takes time for the request to be ~rocessed. 5.a. Mr. Talbot requested that the City Manager present to Council at the next meeting a detailed report on the survey of sewer con- nections and Charges, and on the number of applications for sewer connections'. 6.a. Concerning a proposed exchange of City Real property for private property, City Clerk Worthing explained as follows~ "For improvement of the City Nursery grounds by acquisition of lands adjacent thereto, 'as well as a building thereon and owned by Mr. Hasten Johnson, but, by virtue of a previous agreement, is removable therefrom by its owner, authorization is r~quested for entering into an exchange agreement with Mr. Johnson whereby the City will acquire Lots 55' and 56, Sundy and Tenbrook Additionl,'together with the dwelling now locatedon Lot 49, Sundy and Tenbrook. Addition, in exchange for City owned Lot 2.2, Block 40, Subject to proration of City and County property taxes as of date of closing and $5,350.00. Subject to Council providing such authorization, terms of the pro- posed exchange will be advertised anala resolution submitted to Council at its next regular meeting to provide, for such authorized exchange." Mr. Saunders moved that authorization for said exchange of properties with Mr. Johnson be gra~d, the motion being seconded by Mr. Barrow and unanimously carried'~~' 6.b. Concerning termination of alease affecting the City Nursery property, City Clerk Worthing informed the council as follows: "The City entered into a lease agreement with Milton J. Boone,. dated April 12,1955, amended bY modification on September 15, 1961, pertaining to the use of certain~lots in Sundy-Tenbrook Subdivision, comprising what is now the City's Nursery Grounds. The grounds have been vacated, and acquisition by the City of the improvements thereon, as well as certain parcels of land contained therein, is now in the process through an exchange agreement with Mr. Hasten J. -4- 9/14/64 515 "J~hnson. Therefore, Council authorization is requested, ~$~ecting the proper City officials to execute a '~0~- ~911ation of Lease' affecting the lease agreements d~ed ~pNil 12, 1955 and September 15, 1961, referred to ~e~e- M~, Croft moved that the proper City officials be a~thorized to execute the cancellation of said lease with Mr. Boone. The motion was sec~4ed by Mr. Saunders and carried unanimously. 6.c. Concerning an offer to purchase a small parcel of City owned land, the City Clerk commented as follows: !'~Mr, Jesse B. Davis, 408 S. W. 3rd Avenue, desires to p~=hase the Bast 21 feet of Lots 45, 46 and 47 in S~d~ a~ Tenbrook Addition, which constitutes part of the ~ity Ngrsery grounds on S. W. 4th ~treet, and otherwise ~djacent to the rear propertyline of Lots 52, 53 and 54 (the home- steaded lands of Mr. Davis). The necessar~ deposit of three-fourths of the assessed valuation of said 21 foot strip has been made by Mr. Davis. In compliance with Section 7 of the City Charter, Council may decline consideration of this offer or direct the City Clerk to proceed with processing same in accordance with procedure set forth in .the Charter and following required legal advertisement thereof, hold a public auction of said land." Mr. Croft asked the assessed valuation of said 21 foot strip of land, to which Mr. worthing answered that it was approximately $150.00, and that Mr. Davis had deposited $112.50 with the City with his offer to purchase. Mr. Saunders moved that the City :Clerk be directed to move in a legal manner to dispose of said property, the motion being seconded by Mr. Barrow and unanimously carried. 6.d. An application for extension of water service to Lot 140 Second Addition to High Acres, was presented from Mr. and Mrs. Clinton w. Sheafer, owners of said property. The City Clerk reported that the Superintendent of the Water Department advises of there being a sufficient supply of water in that area, and approval of the application is recommended; further, an ordinance covering the annexation of Lot 14, Second Addition to High Acres, to the City would be presented for Council consideration later this evening. The application foe water service to LOt 14, Second Addition to High Acres, was~unanimouslygranted on motion by Mr. Talbot and seconded by Mr. Barrow. 6.e. City Clerk WOrthing read the following letter to the Sewer Adjustment Advisory Board, from R. H. Crego, Plumbing Inspector, dated August 17th= "The plumbers in Delray Beach are finding that there are omissions of laterals to the property line, laterals not deep. enough that have to be lowered .to meet the required fa~l from the buildings; also, where:there was tunneling under sidewalks to install laterals to the property line, the earth is settling allowing the sidewalks to drop or break. The Plumbing Board and plumbers of Delray Beach would..like to know if they should go ahead and lower ~the laterals, -5- 9/14/64 96 ~5t6 ,install laterals not .brought into the-property line, and do any work in the rights-of-way, or should they report same to the City in order that the City may take care of any work in the rights-of-way." The City Clerkthen read the following letter to City Manager Holland from D. R. Neff, Project Manager for Russell & Axon, dated August 21, :1964: "Res Sewer Laterals 1. Reference is made to memo from R. H. Crego, dated August 19, 1964, on the above subject. 2. This is an important matter of policy which must be properly settled at this time. 3. The facts are that the contractor, under the supervision of the engineer, places the house services at a 'reasonable' elevation and location, adjacent to the property line. The joints of pipe come in five foot lengths and they are gen- erally capped off at a pipe Joint. 4. It is not pract'ical to determine in advance exactly how the owner will run hie ~onnect~on, how far he will have to run, and .at what elevation he Will reach his Property line. 5. As a consequence, it is accepted practice, and really the only practical solution, for the installing plumber to make the final adjustment of the house servlcesto his grades and lines, by adding or removing a section of the house service. All of the plumbers have done thiswithout question. They have worked:CloSely with.this office, in exchanging information andadvice, 6. Sometimes a section of the Vitrified clay pipe house ' services is broken. There is no way of determining who or what broke it. The odds are, however, that it was broken by the plumber in probing for the pipe with an iron rod. 7;In any. event, there are over 3,000 house connections placed as near as possible to the final location. The City cannot and should not get into the matter of final adjustment of each individual house service, as this is a matter for the owner and the plumber 'to work out. The City and the contractor havemettheir obligation by placing the house service at a 'reasonablee location. 8. In cOnnection with the word 'reasonable' above, I wish to invite your'attention to the fact that in many cases the location and elevation of the house service is dictated by storm sewers, water mains, telephone con- . duits, power cables, and other .underground obstructions. 9, One other point, as a matter of equity, it is custo- mary for the City to purchase, with sewer funds, and stock about 100 lengths each of 6 inch and 4 inch V.C.P. for house services. In this way, when a..serviue has to be raised a bit or a broken pipe is discovered, the plumber can pick up a length of pipe at the City yard. The plumb- ers do not normally stock V.C.P. and in this way the cost is..equitably shared with the owner.. 517 "10. In view of the above facts, it. iS recommended ~hat f~al adjustment of the. house-service connection ~ the responsibility of the plumbing, contractor, under 9~ervision of the Plumbing Inspector." Mr. Talbot asked if the omission of certain laterals had been taken cafe of and was informed by City Engineer Fleming tha~ such omissio~s had been taken care of by the contractor under '~h~ direc- tion of R~ssell & Axon. ~4r, Talbot then moved that the policy as set forth in Russell & Axon's communication of August 21, 1964, Re: Sewer Laterals, be made effe~ive. The motion was seconded by Mr. Croft and carried unanimously-~ 6.f. ~Concerning relocation of the surfboarding area off the Munici- pal Beach, City Clerk Worthing read the following memorandum from the Safety Engineer to the City Manager, dated September 10, 1964: "By using both the number one lifeguard stands (No. 1 North and No. 1 South) as the boundaries of the surfing area, .we would have two structures which could be readily seen from the water. These stands would represent guides to the surfers, thereby enabling them to orientate them- selves. This feature would also create a two-guard control of the surfers - one to the north and one to the south. While the pavilion would not be located exactly in the center-of this area, the difference would be minimal and people watching the surfers from the pavilion would be able to see the entire area. Two signs would be required, both as a notice to surfers and bathers. These signs should bear the information, as well as the ordinance involved, constituting public notice. They would be substantially constructed, firmly, embedded in the sand, and located at eitherboundary of the surfing area. Two life lines would have to be relocated. These lines are anchored to the bottom and the anchors would have to be lifted or buoyed. If buoyed (a 'surface float attached), this would possibly create a hazard to surfers and lia- bility on the part of the City. The installation of the area, as an area for surfers, would not c=eate any hardship to the Beach Service as the cabanas usually are not erected within this section of the beach. Upon investigation and inquiry, the action of the waves at this location seems .the most advantageous for surfing. If the area in front (east) of the Seacrest Hotel would pose a possibility of tourists' apprehension from the surfers, lifeguard stand No. l North could be relocated south to a line projected easterly along the north right- of-way line of East Atlantic Avenue. This would' then make an area for surfers, of 317 feet along the beach to thesouth. The costs involved in this recommendation are: 2 signs at approximately $20. to $25. per sign, made up of red lettering on white background. -7- 9-14-64 sis "The relocation of one life line would entail raising the anchor in the ocean. ~is could possibly he accomplished byattaChing a cable and pulling from the beach with one of our tractors. To replace the anchor would require floating the anchor out on a boat or barge and placing said anchor on thebottom. The use of a floating barge, etc. would probably cost in the vicinity of $25. per hour. I would estimat· the time involved would be 4 hours." During discussion, a survey report from the Police Department concerning warnings issued for surfboard violations was mentioned. Mr. Talbot moved that this item be tabled until the next Council meeting, the motion being seconded by Mr. Barrow. During discussion, the City Manager commented on the survey report he had asked the Police Department to make, and it was reported that most of the surfboarders were cooperative. Upon call of roll to table this item, the motion carried unani- mously. 6.g. Concerning Council request for a feasibility and cost study to straighten'out the dog-leg on N. E. 3rd Avenue at 14th street, City Manager Holland informed the COuncil this job could be done for a cost of approximately $50.00 for materials, and the labor would be done by the present City crews. Mayor Avery asked the City Manager to explain what he planned to do at that location, and City Manager Holland said he planned to use about 34 feet of ground east of the present N. E. 3rd Avenue paved strip south of 14th Street, which would allow two or three cars to pull up side by side if they wanted to turn East on 14th Street. The City manager explained there was sufficient rock from the tennis court area to fill this area and the only'outlay of money would be for: asphalt; further,.that he would recommend said improvement bemade. Mr. Saunders moved that the'City Manager be instructed to pro- ceed with plans, as outlined, for the improvement of N. E. 3rd Avenue at 14th Street, the motion being'seconded by Mr. Croft and unanimously carried. 6.h. Concerning parcels of land in violation of City nuisance laws, .City Clerk Worthing reported to Council'as follows~ "In compliance with chapter 15 of:~the City's Code of .: Ordinances, the,City Manager submits, sur.veY report dis-. :' closing the following.:identified properties as'being in' violation of Section 15: w125' of N100' of Ocean Beach Lot $2 Lucie M. Robbins Violation 15-3 Lot-9, Block 11, Seagate-Section "A" O. Clifford Grimshaw Violation 15-3'& 15-4 Council may, should it so deslre~ seek further information concerning such alleged nuisances from the ~ire Chief, whose department provided the survey, and if Council determines such violations exist, the City Clerk should be directed to comply with the prescribed procedure, as set forth in Chapter 15 of the Code of Ordinances, to assure abatement of such nuisances." It was so moved by Mr. Talbot, seconded by Mr. Barrow and unanimously carried. 6.i. Concerning the West Side Recreation~Advisory Board, City Clerk Worthing informed the Council that the following members had been appointed on July 8, 1963, for a one year term: -8- 9/14/64 519 Board Membership AA ApDointed July 8~ 1963 Mrs. Celestine Cartwright Mrs. Gertrude Green Otto Mitchell Theron Nubin' Charles Oxidine Mrs. H; Ruth'Pompey A. W. Risker David Smith Rev~ J. ,W. H. Thomas Mr. Croft moved that these'~same members be reappointed as members of said West Side Recreation Advisory Board for a period of one yea~ ~om July 8, 1964. The motion was secOnded by Mr, Barrow and carri~ unanimously, Mayor Avery asked that letters of appointment be sent to each of these Advisory Board members, also thanking them for their service during this first year on said board. 7.a. Concerning a request-from' Burnup & Sims, Inc., for a -franchise relative rca CommunityAntenna Televis'ion~ cable installation, City Clerk Worthing read the following Charter provision: "The City Council may, by ordinance, grant permission to any individual, firm or corporation, to construct, operate and maintain any public utility, in, upon, or over the streets and public spaces of the city; BUT no such grant shall be effective, without REFERENDUM. to the people at an Election to be called and held in accordance with the provisions of the Charter for the holding of bond elections." City Clerk worthing said that such franchise grant could then be made only after such franchise had been approved by a majority of votes cast at an election in which a majority of the freeholders who are qualified electors had participated. Mr. Thomas R. Pledger. of Burnup and Sims, Inc., West Palm Beach, requested the Council to consider giving their Company a 30 year franchise to construct and operate a Community Antenna Tele- vision System, and presented the City Manager with a copy of their proposal. During discussion, Mr. Pledger said the monthly service charge and installation charge to the customers would have to be worked out by their Company and the City, but it was estimated the service charge would be approximately $5.00 per month and the installation charge approximately $19.50. It was also stated that the .expense of the City in placing this item before the freeholders would be paid by the Company making the request. It was pointed out by the City Attorney that a franchise granted by the City could not be an ex- clusive franchiSe, and he' felt there was quite a bit of work to be done on this proposal before it was presented to the freeholders on a ballot. Mr. Pledger informed the Council that their Company Attorney would work with the City Administration and City Attorney in working out the details of this item before it was presented on a ballot. Mr. Pledger also informed the Council that Fort Pierce, Vero Beach, Naples, Perry, Live Oak, Sarasota, Key west and Tallahassee had this type of antenna television system. Mr. Barrow said Delray Beach was located in one. of the best television areas and he did not feel that such a service had. much to offer Delray Beach. Mr. Pledger said this installation would be good planning for the future. Mayor Avery suggested this item be r~ferred to the .Planning Board for their study and recommendation. -9- 9/14/64 ~20 Following .lengthy discussion~~- Mr. Croft moved that this item be referred to the City Manager for further investigation and study and returned to Cotulcil at a later date, the motion being seconded by Mr. Talbot and unanimously carried. 8.a. City Clerk Worthing presented RESOLUTION NO. 1484. A RESOLUTION MAKING APPROPRIATION OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1964 TO THE 30TH DAY OF SEPTEMBER,. 1965: TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO TNB ITEMS OF APPROPRIATION AND THEIR PAY- MENT~ AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CON- FLICT WITH THIS RESOLUTION, AND ALL RESOLUTIONS IN- CONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY~' AND TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DBLRAY BEACH FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRIN- CIPAL AND I~TEEEST ON BONDED INDEBTEDNESS AGAINST THE PROPERTY LOCATED IN THE FORMER CITY OF DELRAY~' AND TO ALLOCATE AND APPROPR~TE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 1484 is attached to and made a part of the official copy of these minutes.) (See Pages 526-A th~u 526-D) City Clerk Worthin~ read letters from the Chamber of Commerce', Board of Realtors and First Federal Savings and Loan Association, commending the Council on reducing the tax millage for the coming year. Following a publ£o hearing on Resolution No. 1484, said Resolution was unanimously passed and adopted on..motion by Mr. Barrow and seconded by-Mr. Saunders. Mr. Croft said there had been a treme~0ue amount of work done by the Councilmen, Ci'ty Administration and ~Department Heads this year to produce such a realistic budget. Mr. Talbot said that Mr. Thomas E. weber, Director of Finance, had spent many hours on the 'budget preparation, and in order that the Council may show their appreciation for his untiring and unselfish efforts, moved that the City Manager be directed to give Mr. Weber three days, at a time of his own choosing, as a reward for extra services. The motion was seconded by Mr. Croft and carried unani- mous ly. 8.b. City Clerk Worthing presented ORDINANCE NO. G-566. AN ORDINANCE OF TH~ CI.TYrCOUNCIL OP THE CITY OF DELRAY BEACh, F~DA, AIqNEXING TO THE CITY OF DELRAY BEAC~ CERTAIN LANDS LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~HICH LANDS ARE CONTIGUOUS TO EXISTLNGMUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS~ AND PRO- VIDING FOR THE ZONING THEREOF~. (Lot 16, Second Addition to High Acres, and Rights- of-way. (Copy of Ordinance No. G-566 is attached to and made a part of the official copy of these minute,s.) (See Pages There being no objection to Ordina'nce No.' G-566, said Ordinance was unanimously passed and adopted on this second and' final reading, on motion by Mr. Talbot and seconded by Mr. Barrow. -10- 9/14/64 521 8.c. City Clerk Worthing presented ORDINANCE NO. G-567. AN ORDINANCE OF THE--CITY COUNCIL OF. THE CITY-OF DELRAY BEACH, FLORIDA,. ANNEXING TO THE CITY. OF DELRAY BEACH.CERTAIN LAND, NAMELY LOT 30, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EX- ISTIN~ MUNICIPAL LIMITS OF SAID CITY; REDEFIN~ ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATION~ SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. G-567 is attached to and made a part of the official copy of these minutes.) (See Page 526-G) There being no objection to Ordinance No'. G-567, said Ordinanc~ was unanimously passed and adopted, on second and final re~ding, on motion 'by Mr. Talbot and seconded by Mr. Croft. 8.d. The City Clerk presented. ORDINANCE NO. G-568. AN ORDINANCE OF THE CITY COUNCIL OF. THE CITY OF D~.LRAY BEACH, FLORIDA, ANNEXING TO-THE CITY DEL~AY BEACH CERTAIN LAND, NAMELY LOT 14, SECOND ADDITION TO HIGH ACRES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLI- GATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. Ordinance No. G-568 was unanimously placed on first reading on motion by Mr. Saunders and seconded by Mr. Talbot. 8.e. The City Clerk presented ORDINANCE NO. G-569. -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, REZONING AND PLACING LOTS. 6, 7 and 8', BLOCK 4, SOUTHRIDGE SUBDIVISION, DEL~AY BEACH, FLORIDA, IN "C-2 GENEBAL COMMERCIAL DISTRICT"~ AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960". Ordinance No. G-569 was unanimously placed on first reading on motion by Mr, Saunders and seconded by Mr. Barrow. 9.a. Concerning the City's employee retirement plan, the following report was presented from the Pension Committee, dated September 9th, 1964: "Re: Proposed Pension Program - Award Recommendation Your Pension Committee would like to take this oppor- tunity to formally advise you that. since the September 1st meeting held by you to discuss and review the wyatt Company's analysis 'of bid proposals relative to method of funding of the City employees' proposed ·pension ·pro- gram, our committee has met and unanimously recommends aocel~ting the wyatt Company's recommendation, that being 'that the City of Delray Beach fund the retirement plan for its employees on a self-administered, fully trusteed basis, utilizing the service of a bank as corporate trus-' tee. ' ' We feel that funding this program through a bank trustee would provide the City the greatest flexibility and po- -11- 9/14/64 ~22 , "tential rate of return on om: fund, Additionally0 we anticipate the City administration providing the maximum administrative services connected with this program, there- by ~educing the cost to the City. Purther, An view of the fact that only one local banking institution submitted a proposal, we recommend the award to the First National Bank of Delray Beach. We wish to thank all of the bidders for their fine pro- posals and interest in our program." Mr, Saunders'moved to accept the recommendation of the Pension Committee and that the City Administration and City Attorney proceed to draw up thelegislation and agreements, robe presented to Council at the next meeting. The motion wasseconded by Mr. Talbot and carried unanimously. City Attorney Adams said there may. not be enough time for the drafting of all necessary instruments, an~ there may need to be some policy decision, but he would endeavor tohavethe rough draft pre- pared for consideration at the next Council meeting. 9.b. Concerning regulations pertaining!to limiting construction hours within the city, Mayor Avery said there had been numerous, com- plaints from year-around residents who felt they should be shown the same consideration as the winter visitors,.in having construction hours limited from 8~00 A. M. to-5:00 P,M., Monday through Saturday for the entire year. Building official Ralph Hughson was asked to read Section 9-6.5of the Code of Ordinances, which is as follows: "Construction work causing vibrations, noise,etc. - Limited to specified days and hours. No construction orbuilding of any type causing vibrations, noises, shaking or Jarring to be emitted therefrom shall be Carried on orperformed within the City of'Delray Beach, FloridaexcePt between the hours from eight o'.clock a.m. to five o'clock p.m. on Monday through Saturday of each week during theperiod from December I of each year to April 30 of the following year." It was pointed out there had been an Ordinance considered and placed on first reading November 12, 1962, which would place the same hours of construction in effect forths entire year, but the ordinance had been tabled and later, the action on said ordinance had been rescinded. Following lengthy discussion, Mr. Saunders moved that Ordi- nance No. G-246 be amended to regulate the hours of construction during the entire year. The motion was seconded by Mr. Barrow. Mr. Talbot suggested an ordinance provision whereby on some special occasion or an isolated location, permissionmay be given for longer hours of constrUCtion. During discussion, itwas pointed out that any emergency work was covered in OrdinanCe No, G-246, which ordinance was passed and adopted on February 2$th, 1957. Upon call of roll on the motion to amend Ordinance No. G-246, the motion carried unanimously. 10.x. City Attorney Adamscommented as follows~ "At a-recent meet- ing, we heard from Beery & Brown, reporting on Russell & Axon's insurance in their professional liability. The policy, as you will recall, expires September. 24th and although Mr. Brown doesn't have the final figures called for, we thought At was advisable to have it -12- 9/14/64 523 "come to this meeting and at least provide for some period to cover the lapsed period." Mr. Harvey Brown of Beery and Brown Agency reminded~the Council'they had deferred a decision on said insurance poli~ that expires on September 24th pendingthe receipt of further !DfQrmation and quotations on lesser amounts of insurance. Mr. Brown ~$d he had immediately requested said quotations and had been advised by the general agency in Atlanta that it would be necessary for them to have a completed application before they could determine ~he rates, both on the lesser amounts of insurance and the presently ~n~ured amount. Further, that Finance Director Weber had received~Said insurance application for transmittal to Russell & Axon, and at this time, Russell & Axon had not returned same to the City. Finance Director Weber informed the Council that he ~had talked with Mr. Osteen of Russell & Axon last Thursday and he was forwarding the application to their St. Louis office for it to be completed and returned to the City. Mr. Barrow asked what the City couid do to be protected until the information was received. Mr. Brown said that interim ~overage could be requested from the Insurance Company, although this type of coverage is not generally extended on a binder. Further, it ~uld only take a day to get a q~otation from the insurance company, as that could be obtained' by telephone after the application had been received from Russell & Axon. 'During discussion, it was agreed that a special Council meeting would be called before the next regular meeting to take action on this insurance matter. 10.x. The City Manager reminded Council of their permission to advertise for a 3/4 ton pick-up t~.uck with ut£1itybody and lift gate, and City Clerk Worthing presented the following bids and memorandum~ "Adams Chevrolet Co. $2~799.00 30 Earl wallace Ford, Inc. 2,864.46 30-45 Hauser Motor Company 3,140.63 60 In order to assure early October delivery, and the Truck being part of the STREETS DEPARTMENT Budget for this coming fiscal year, CounCil authorization is requested for awarding an order to the low qualified bidder, at this time, it being understood that the amount for purchase thereof shall come from the 1964-1965 Budget." Mr. Croft moved to-aWard the contract to the low bidder, Adams Chevrolet Co., in the amount of $2,799.00, the motion being seconded by Mr. Saundersand Unanimously carried~ 10.x. City Clerk Worthing read the following letter from Dorothea E. Galvin, dated September 14th, 1964: "DUe to extenuating personal circumstances it Will be impossible for me'to accept the appointment as a member of the Sewer AdjuStment Advisory Board for a term of three years. I thank you very much for the honor and I am sorry that I cannot accept it." Miss ~alvin~s resignation was unanimously accepted, with re- gret, onmotion by Mr. Saundere and seconded by Mr. Talbot. Mayor Avery said the Sewer Adjustment AdViSory Board had been appointed with a representative .from each section of town, and Sug- gested~that Mr. Ward Robinson be appointed as a member of said Board to replace Miss Galvin. -13- 9/14/64 Mr. Talbot moved t~g Mr. Ward Robinson be appointed as a member of the Sewer AdJus~ment Advisory Board, subject to his ac- ceptance~ as a replacement for Miss ~alvin, to act as temporary Chairman unti~ a Chairman is selected by the Board. The motion was seconded by M~. Saunders and carried unanimously. 10~x. Mr. O. W. Woodard, Jr., commented _as follows: "~entlemen, in order that we can proceed with repairing our Community Center build- ing next door, we have .been attempting since June, through diplomatic correspondence, to obtain a twenty year bonded roof, as called for in the specifications for COnstruction of that building. The City At- torney and I have corresponded with all of the parties interested in this building and it has reached the stage now where it is our opinion that about the only action we can take is to send them a registered letter, indicating that if they do not provide us with the twenty year bonded roof as called for in the specifications, we will have to take lega! action to obtain that. If that is your desire, ! would like to put that in your hands now to see what your thinking is on the matter." Mr. Talbot moved that the recommendation of the City Adminis- tration be approved, th~ motion being seconded by Mr. Saunders. Mr. Barrow asked the opinion of the Architect in this matter, and Mr. Woodard said the Architect was of the opinion that the City did receive the twenty year bonded roof. During discussion, .Mr. Woodard informed the Counci~ that the Building Department had never accepted some phases of the building. Mr. Woodard said he would ascertain if the Architect did approve the building, and he would check back in the records and ascertain who approved the final payment to the contractor and on what basis. Ltpon call of =oll that the recommendation of the City Adminis- tration be approved, the motion carried unanimously. 10.x. City Manager Holland informed the Council they had requested him to obtain some cost figures and then read the following letter from Mr. Kenneth Jacobson, dated September 14, 1964= "COnfirming recent conversations withMr? Holland and Mr. Woodard, this office proposes to do the following work relative to the Tennis Courts and Buildingl A. All the necessary working drawings, specifications, detailS and supervision as de~cr~bed, in Palm Beach Chapter A.I.A. pamphlet - 1961, - - for the Building - for a fee of 6% of coostruction cost. B. Coordinating Tennis court construction and super- vising contracts of the construction of tennis courts and sprinkler systems, - for a fee of $300.00." Mr. Talbot asked for an explanation of item B. of the letter. City Manager Holland answered as follows: "We have an active committee of four people who have helped us with the blueprints, through our Engineering Department, to further this and get it into operation - Mr. Jacobson, Mr. Speicher, Dr. Father and Dr. Shoaf. They have taken Mr. Jacobson out of their four to act as a liaison and more or less supervise, to see that this is done according to Feise~s specifications that we drew up. The sprinkler system will be installed under Feise*s supervision, but someone with the Tennis Committee who has the knowledge.:will have to tell Mr. Womack where ~the sprinklers are to be placedi" During discussion, Mayor Avery commented as follows: "Mr. Jacobsonhas been on the Tennis Committee. He has given freely of -14- 9/14/64 525 - "hisadvice and helpon many occasions on things concerning the.tennis courts. He knows more about the tennis situation than any architect in town and it is agreed by the Tennis ~mmittee that he would,be anatural because ofh!'s know- l~dge of our tennis situation. It is vital that the tennis i~stallation be a most attractive place because i~ is a selling point for this town. The 6%, as quoted, is in line with any other architect in town.." DuNing discussion, it was pointed out that there shQ~ld be a ceiling0f approximately $15,000.00 placed on the cost of ;t~e new tennisbuilding, and that money,was available for same. . Pollowinglengthy discussion, Mr'. Barrow~moved to go ahead with the plans to the extent'of $15,000.00, whichwould i~lude 6% architect's fee, and if the bids exceed that, the archite~t will bring the cost down within the $15,000.00 limit or it wili.not be accepted and nothing will be-paid, and that, Mr. Jacobson be selected as the architect; further, that this does~not coyer'item B, of the proposai from Mr. Jacobson. The motion was seconded by MN~ Croft. Mayor Avery commented as follows: "It has been moved and seconded that Mr. Jacobson be the architect, at 6% with a limit of $15,000.00 on.the building, including the 6% architect's fee, that to be the limit and if it is not within that, it will be brought within that, or no fee paid - Item A. in the proposal, and turning down item B. in the proposal." City Attorney Adams said he would prepare a contract and talk it over with Mr. Jacobson, and at the next meeting the contract could be ratified. upon~'call, of roll, the motion carried unanimously. Mr. Talbot moved that the City Manager be instructed to make such arrangements with Mr. Feise 'as are necessary to guarantee that he will be responsible for the installation of the sprinkling system for the tennis courts. City Manager Holland informed the Council that- the contra=t to Mr. Feise for the tennis courts and the contract to Mr. Womack for the sprinkling system had already been awarded, but he would see that the system was installed according to specifications. Mayor Avery said the City Manager should be directed to coor- dinate the sprinkler system installation himself and it would be taken care of satisfactorily. The motion was seconded by Mr. Barrow. Mayor Avery explained: "It has been moved and seconded that the City Manager be directed to coordinate the installation of the sprinkler system, and supervision of the installation of the tennis courts." Upon call of ro11, the motion carried unanimously. 10.x. City Manager Holland presented the following memorandum from Finance Director Weber: "Due to the appropriation for the workmen's Compensation Insurance and the Liability Insurance being overdrawn, it is necessary to ask the City CounCil for a transfer of funds from the Contingency Account to the Insurance Account, as follows: General Liability InsuranCe 910 852 452 $1,351.00 Workmen's Compensation Insurance 910 852 454 $4,617.00" Finance.Director Weber explained that was a non-departmental cost, and the account was overdrawn, as was made known to Council last December, as the bids on that insurance coverage amounted to more money than had been budgeted for same. Mr. Croft moved that the money be transferred, as recommended by the Director of Finance, the motion being seconded by. Mr.-Barrow and unanimously carried. -15- 9/i4/64 10.x. City Manager 'Holland asked as follows: "As a matter of clarifiOation, the status of surfboarding now is to be presented to you at ~he next meeting. What do you want done in the meant/me--- no rope changes, and no more improvements of any sort? Just operate as .we are now?" Mayor Avery informed-the City Manager that was correct. 10.a. City Clerk Worthing presented the following Bills for Ap- proval= General Fund $181,008.18 water Fund - Operating Fund 120,993.95 Refundable Deposits Fund 4,788.69 Beach Disaster ~und 35.00 Cemetery Perpetual Care Fund 1,184.08 Improvement Fund 51,656.30 Special Trust Acoount - First National Bank of Delray Beach 177,951.46 Special Trust Account - Delray Beach National Bank 200,149.88 The bills were unanimously ordered paid on motion by Mr. Barrow and seconded by Mr. Saunders. The meeting adjourned at 10:45 P.M. by order of Mayor Avery. ~. D. WORTH~,NG ,. City Clerk APPROVED ~ M -16- 9/14/64 526-A RESOLU~XON No. 1484. A RESOLUTION MAKING APPROPRIATION OF SUMS OF FOR ALL NECESSARY EXPENDITURES 'OF THE CITY OF ~EAC~, FLORIDA,'FOR THE PERIOD FROM THE 1ST DAY O~ OCTOBER, 1964TO THE 30TH DAY OF SEPTEMBER, 1965~'~T0 PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH ~NT~ AND TO REPEL ALL RESOLUTIONS ~OLLX ~N C~ FLICT WITH THIS RESOLUTION, AND ALL RESOLUTIONS ~NSiSTF~NT WITH THIS RESOLUTION TO THE EXTENT OF~ SUCH .. ~NCONSISTENCY~ AND TO LEVY A TAX ON ALL PROPERTI~ ~THIN THE CITY OF DEL~AY BEACH FOR MAINTENANCE ~ CIPAL AND INTEREST ON BONDED INDEBTEDNESS ~ROPERTY LOCATED IE THE PORMER CITY OF DELRAY, A~TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THERE~ BE IT RESOLVED by the Council of the City of Delray Beach, Florida: That the following sums of money be, and hereby are ap- propriated upo~ the terms, conditions andprovisions herein, before and hereinafter set forth: ARTICLE 1. - OENERA.L FUND Other Capital Estimated Expenditures: Salaries Expensgs 9~tlay.. TOTAL Legislative $ 6,600. $ 2,095. $ -0- $ 8,695. Executive 23,383. 3,590. 500. 27,473. Judicial 3,900. -0- -0- 3,900. Elections 360. 325. -0- 685. Dept. of Finance 74,395. 12,573. 800. 87,768. Dept. of Law 9,800 2,525. -0- 12,325. Advisory Boards & Offices -0~ 29,148. '0~ 29,148. Dept. of Public Safety 338,312. 70,993. 15,076. 424,441. Dept. of Public Works 220,055. ~91,268. 24,690. 436,013. Libraries -0- . 46,800. -0- 46,800. Dept. of Recreation 144,454. 53,031. 6,710. 204,195. Non-Departmental 9,846. 202,972. 1,035. 213,853. Transfers -0- 85,913. -0- 85,913. Debt Service -0- 55,332. -0- 55,332. TOTAL EXPENDITURES $831,165. $756,565. $48,811. $1,6]6,541. GENERAL FU~D Revenue ~eneral Property Tax~s $ 660,901. Franchise a Utility Taxes 212,550. Licenses & Permits 107,005. Fines & Forfeitures 38,200. Revenues from Individuals & other Agencies 270,808. Charges for Current Services 197,818. Sale & Recovery for Loss of Property 15,525. Transfers from Other Funds 37,418. Unappropriated Surplus 96,316. TOTAL REVENUE $1,636,541. 06~ Page 2. Resolution No. 1484. ARTICLE 11. WATER A~D SEWER F~D .~ Other Capital Estimated Expenditures Salaries Expenses Out~ay. TOTAL Administration $ 23,?49. $ 17,895. $ -0- $ 41,644. Supply & Purification 13,764. 29,720. 5,175. 48,659. Transmission & Distribution 64,448. 57~290. 113,350. 235,088. Accounting & Collection -0- 24,018. -0- 24,018. Sewer System 6,000. 1,300; 2,700. 10,000. Insurance & Taxes -0- 81,038. -0- 81,038. Depreciation & Contingency -0- 348,000. -0- 348,000. Pension -0- 4,260. -0- 4,260. Debt Service -0- 349,038. -0- 349,038. TOTAL EXPENDITURES $107,961. $912,559 $121,225. $1,141,745. WATER AND SEWER FUND. Revenue Revenue from Use of Money and Property $ 79,225. Sales a Charges for Current Services 591,110. Sales & Recoveries 150. Bond Funds 55,843. Matured U. S. Treasury Notes 79,000. Unappropriated Surplus 336,417. TOTAL REVENUE $1,141,745. ARTICLE 111 · CONDITIONS RELATING TO APPROPRIATIONS: Section 3.1 -All the monies herein before appropriated are ap- propriated upon the terms, ~onditions, and provisions herein before and hereinafter set forth. _Sect. ion 3.2 - Subject to the qualifications contained in this res°- lution all appropriations made out of the General Fund are declared to be maximum, conditional, and proportionate appropriations, the purpose being to make the appropriations payable .in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1964, and terminating the 30th day of September, 1965, for which the appropria.tions are · made, are sufficient to pay all the appropriations in full; other- wise the said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General .Fund, is to the total amount of reuenues estimated by the City Council to be available in the period co~nenCing the 1st day of .October, 1964, and terminating the 30th day of .September, 1965. Section 3.3 - All balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of busi- ness on the 30th day of September, 1964, except as otherwise pro- vided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 1964. Provided, however, nothing in this Section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fuhd 6r any funds created by .the 68 , 5~6-c Page 3. Resolution No. 1484. s~tti~g up of special revenue, but such balances shell be used in financing the proposed expenditures of these funds for t~e fiscal year commencing the 1st d~y of OctOber, 1964. Section 3.4 - Nodepartment, bureau, agency, or individual receiv- ingap~Priations under the Provisions of this resoluti~nShall exceed.t,he amount of its or his appropriation except wit~ ~he con- sent ~d ~approvalof the City Council first obtained= and %~ such department, bureau, agency or individual shail exceed, th~ ~ount of its or his appropriation without such consent and approv~.l of the c~ty~council, the administra~ive officer or individu~, in the discrP~0n of the City Council, maybe deemed guilty of neglect of offiq~alduty and may be subject to removal therefor. SectiO~ 3.5 - Nothing in this resolution shall be construed as ~Utho~z~ng any reduction to be made in the amounts apprOPriated in th$~'~esolUtion for the payment of interest, on, or re~i~ement of, the debt of the City of Delray Beach, Florida. Section 3.6 - None of the monies enumerated in thi~ resolution in connection with the General Fund, water and Sewer Fund or any other Fund of the City shall be expended for any purpose tha~ those for which they are appropriated, and it shall be the duty of the Director of Finance to see that this section is complied with in all respects and report to the City Manager and City Council any violatlons thereof. Section 3.7 - All monies collected by any department, bureau, agency or individual of the City Government shall be paid promptly intothe City Treasury. Section 3.8 - The foregoing budget be and hereby is adopted as the official budget of the City of Delray Beech. for theaforesaid period. Provided, however, that the restrictions with respect to the expendi~ tufas of the funds approPriated, shall apply only to the ~ump sum amounts for classes of expenditures which have been included in this resolution. ARTICLE IV TAX LEVY Section 4.i - That there shall be and hereby is appropriated for the General Fund operations of the City the revenue derived from the tax of 9.5 mills per one ($1,00) dollar of assessed valuation, which is hereby levied on all taxable props=fy within the City of Delray ~Beach for the fiscal year commencing October 1, 1964and terminating Sep- tember 30, 1965, the assessed valuation on all taxable property for operating purposes Within the City of Delray Beach being $65,086,740. foroperatingand/or maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fis- cal year from all other sources than the tax. levy for current bond service, and that part of collection of ~elinquent taxes levied for bond service. Section 4.2 - That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of that portion of the City of Delray Beach, which was formerly the City of Delray, is $55,217. and that there is hereby appropriated for the Payment thereof, all revenues derived from the tax levy'o~ I mi~l per one ($1~00) dollar of as- sessed valuation, WhichiS hereby levie~ for that purpose for the fiscal year commencing October 1, 1964 and terminating September 30, 1965 upon the taxable property in that portion of the City of Delray Page 4. ~esolution No. 1484. Beach, which was formerly the City of Dolray, the assessed valuation being $52,612,680. and there is hereby appropriated, if necessary, from the surplus sinking fund cash suffioient monies which, together with proceeds of said tax levy for debt, will meet tho debt require- ments for the aforesaid fiscal year. ARTICLE~V PASSED AND ADOPTEDby the City Council of the City of Delray Beach, Florida this l~th day of September, A.D., 1964. /s/ AL. c. AV~Z MA YOR ATTEST: ~s/R. D. w0a~G City Clerk ORDIN~.NCE NO. G-566. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL~AY BEACH CERTAIN LANDS LOCATED IN SECTION 8,~TOWNSHIP 46 SOUTH, ~ANGE 43 EAST, WHICH LANDS ARE"~NTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID C~T~.~ TO INCLUDE SAID LANDS; PROVIDING FOR THE R~T~ aND OBLIGATIONS OF SAID LANDS~ AND PRO- WHEREAS, FREDERICK W. SMITH, and ANNE K. SMITH [his wife} are the fee Simple owners of the property hereinafter first scribed, and %F6EREAS, FREDERICK W. SMITH, and ANNE K. SMITH (his wife}, by their petition, have consented and given permission, for the annexation of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City ~harter of said City granted to it by the State of Florida~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1~ That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tracts of land located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: Those tracts of land in Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Lot 16, Second Addition to High Acres, per Plat Book 23, Page 37, Public Records of Palm Beach County, Florida. That part of the following rights-of-way, namely N. W. 17th and 18th Streets and Lake Drive, lying within the Second Addition to High Acres, Delray Beach, Florida, as appears on the Plat thereof in Book 23, Page 37, filed in the Public Records of Palm Beach County, ' Florida. S~CT!QN 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tracts and parcels of land, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, 'Florida. SECTION 3. That the.tract of land hereinabove first de- scribed ia h~reby declared to be in Zoning District R-1AA, as de- fined by existing ordinances of the City of Delray Beach, Florida. 86 " 5~6~ Page 2. Ordinance No. G-$66. SECTION 4, ~lat the lands hereinabove described shall immediately become subject to all of the franchises, privileges, immuni~ies, debts, obligations, liabilities, o~dinances and laws to which lands in the. City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause,.sentence or part of this ordinance shall be declared illegal by a court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PAS~ED in regular session on the second and final read- ing on this the l~th day of September , 1964. /_S/'AL. C. AVERY MAYOR ATTEST: Is~.,, W0R G, ,,, City Clerk First Reading August 24,' 1964 Second Reading September 14, 1964 ORDINANCE NO. G-567. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELPAY BEACH CERTAIN LAND, NAMELY LOT 30. LAKE SHO~E ESTATES, WHICH LAND IS CONTIGUOUS TO EX- ISTING MUNICIPAL LIMITS OF SAID CITY7 REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SA~D LAND~ AND PROVIDING FOR THE ZONING THEREOF. WHEREA. S. WILLIAM E. BARROTT, is the fee simple owner of the property hereinafter described,, and WHEREAS, WILLIAM E. BARROTT, by his petition, has consented and given permiss~on for the annexation of said property by the City of Delray Beach, an8 ~EREAS, the City of Delray Beach has heretofore been au- thorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUI~CIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS= SECT.ION !- That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the fcllow~ describe~ tract of land .located in Palm Beach County, Florida, which lies contiguous to said City, to-wit= That tract of lan~, namely Lot 30, Lake Shore Estates, per Plat Book 25, page 26, Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above suribe~ tract of land and said land is hereby declare8 to be within the corporate limits of the City of Delray Beach, Florida. SECTION..3. That the t~act of land hereinabove described is hereby declared to be in Zoning District R-1AA, as defined by exist- ing ordinances of the City of Delray Beach, Florida. SECTION 4. That the lan~ hereinabove described shall mediately be~o~e subject to all of the ~ranchises, privileges, i~- munities, debts, obligations, liabilities, ordinances and laws to which lands' in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of com- petent jurisdiction, such record of illegality shall in no way affect the remaining 9ortion. PASSED in regular session on the second and fin81 reading on the l~th Bay of September , 1964. ,,/si ~:r.,. ¢~,.~v~ MAYOR ATTEST: .... /s/?. D. WO~'m.B,~ .., City Clerk First Reading. August 2~, 196% ,, Second Reading Septemb,e? ~%,. 196~ 965 STATE ROA/i_~ OF FLORIDA CLOSING DIS/RICT a STATE R6AD --_~[~_ P/=2CEL SRD ~~) SP~O~ JOB a~e of Agreemen~-_ ~/~ .... ~TOR Nature of Title Date of C10sing__~ Movin~ Cost (Separate) Property and Damages $ Total Compensation $ Dncumentary Stamps State Federal $ TOTAL $ Taxes - Pr(~ Rata Share $ M,~r tgage TOTAL DE~CTIONS $ In acc?rdance with the established policy of the Department, yeu are required to vacate and surrender p~sseasion of t~hls property within 30 days from the date of ctcsing, which in this case means that you must give possession no later than · Any extmnsi~n beyond this date for occupancy of this '~r,~p~r'~--y~ ~.i~h~r--b~ 57e~ ~r--tenants, mug~u ~e authorized by the District Engineer in this area, who is Mr. Clarence E. Frnm this date until date you surrende, r poasessinn of the property te the State, you will oa expected to exercise due cart in protecting the property fr~m vandalism thizv'%ry. All items which are consif~creN a part of th~ buildin, g for which you have be.'n c~mpensated, such as wind~s, d~ors, bathroom fixtBr~s, electric outlets shrrbbery~ e~c.~ shall be preserved in their n~rmal condition until the property turned ,~vzr t~ the State. Should there be any question ms t~ what items are s~.dered personal property and may be removed by you, contact the Properties Agent f ,r clarificatlon. You should als~ arrange, to turn o~r the keys to the property by ~ :~.tactln~ the Properties Agent at ~uch tim~ as you are ready to mov~ cut and give - %e~'sknn to the State. T'k~ FC.PEGOING CONSTI~TES A SU~IZED R~RESENTATION OF ~E ~MP~ ~SACTION, q' k0 0I~ER COMPENSATION OR CONCESSION ~S BEEN ~DE OR PROMISED BY EI~K P~ . ~ ' ';ZD. 37'A~E R'AD OEPAR~NT OF FLORIDA ~:Ri.N~RS: Pre potties Agent Can be csntaeted at 308 S.E. 2nd Avenu~ ~ j' _'. Miami, Flmrida Telephone 379-3153