09-28-64 SEPTEMBER 28, 1964.
A regular meeting of the City Council of Delray Beach was held in
the Coun¢i! ~Chambers at 8'~00 P.M., with MayOr A1 C. Avery in the
Chair, City Attorney John Ross Adams, City Manager Robert J. Holland,
and CounciLmen Emory J. Barrow, J. LeRoy Croft, Jack L. Saunders and
George TaLbot, Jr., being present.
1.a. An opening prayer'was delivered by City Clerk 'Robert D. Worthing
1.b. The ~edge of Allegiance to the Flag of the United States of
America was'given. '
2. The minutes of the regular Council meeting of September 14th and
special ~eeting of September 17th, 1964, were unanimously approved on
motion by ~. Barrow and seconded by Mr. Croft.
3. Mr. Robert B. Perkins,.President of the Junior Chamber of Commerce
asked permission for the Jaycees to conduct a candy sale in the City
of Delray Beach, also for permission to place a trailer in some de-
sired ~ocation for that purpose.
~d~mowing discussion, said permission was unanimously granted on
motio~3byMr. Croft and seconded by Mr. Talbot.
3. Mr. Albem~ S. Ogden, 205 Lindell BOulevard, presented the follow-
ing petitiom, ~gned by 19 residents of Tropic Palms Subdivision:
"We, the undersigned, hereby respectfully petition the City
Council of Delray Beach to take necessary action to have
the fence now constructed in the right-of-way of Dixie Blvd.
in Tropic palms NO. 1, moved to the west right-of-way of
said street and to restrict the storage of equipment in the
area to that area comprising lots E, F & G of said subdi-
vision in a manner that will not create an eyesore to the
entrance of Tropic Palms Subdivision."
Mr. Ogden commented on the unsightly condition, and following
discussion, Mr. Saunders moved that this item be referred to the
City Manager for action and that a report on same be presented to
the Council, the motion being seconded by Mr. Talbot.
Following further discussion, the motion and second were with-
drawn, and Mr. Saunders then moved that this item be deferred in
order that the CoUncilmen may inspe=t said condition. The motion
was seconded by Mr. Talbot and carried uhanimously.
4.a. A roll call showed the following Civic Organizations and re-
presentatives to be in attendance:
Board of Realtors Mr. Andrew Gent
Breezy Ridge Estates Mr. John Sword
Jaycees Mr. Robert B. Perkins
5. City Clerk Worthtng read ~'e following telegram from Governor
Farris Bryant, dated September 25th:
"The final four-laning project on U.S. i between the state
line and Florida City will be opened to traffic October 5.
Dedication ceremonies will be held at 2:30 P.M. in stuart
to recognize, the completion of this 416-mile four-laning
program. Realizing the significance this multi-laned
facility has to your community, I cordially invite you to
attend these ceremOnies~''
Mayor Avery said he would be unable to attend said dedication
ceremonies, and that he woul~be plea~ied if Vice-Mayor Croft and the
other Councilmen could attehd. 9-28-64
534
5. The City Clerk read the following letter from the Palm Beach
County Chapter of the .American Red Cross, dated September 16th:
"We wish to thank you for the many courtesies you extended
our disaster workers in Delray Beach after Hurricane Cleo.
If ever we can be of service, please let us know."
5. A letter from MiSS Leona Zey was read, thanking the Council for
taking such prompt action in the hurricane clean up.
5. Concerning the removal of dredged sp°il from property located in
the City of Delray Beach, City Clerk Worthing read the following
letter from Mr. Rowland D. Sche11, to Mr. Jack Nutbrown, dated
September 17th, 1964:
"Confirming our telephone conversation this morning, it is
perfectly satisfactory for you to have and move the balance
of the excess fill on Lots 12 thru 19, Block 12, osceola Park,
Delray Beach, free of charge, with the exception of that fill
which is necessary to grade the property 8" to 1' above the
crown of the road known as S. E. 7th Street.
"It is necessary that this be done prior to October 15th of
this year in accordance with notice given me by the City of
Delray Beach in a letter from their attorney dated June 26,
1964, signed by ~John Ross Adams.
As you know, I had an agreement with Tropic Builders of Delray
Beach to do this job which agreement has long since expired,
At thp.. expiration of this agreement, Albert Burger kept promis-
ing to finish the job within two or three weeks. This promise
was made to me several times and has not been fulfilled. I,
therekore, am sending him a copy of this letter informing him
of my agreement with you'so that his firm will no longer claim
any further right to this fill.
"The City of Delray Beach have been most co-operative and I
trust you will be able to do this job before the October 15,
1964, date. Should there be any q~estion as to your meeting
this deadline, please let me know at once so I may make other
arrangements.
Please confirm this letterassuring me of your ability to
accomplish this job in accordance with the City's wishes."
5. The following letter from Mr. Charles H. Pike, Jr. to Mayor Avery,
dated September 24th, 1964, was read:
"I am sending this letter to you as it concerns both the
Police and Fire Departments of Delray Beach.
On Monday, September 14th, I moved to 815 N. E. 5th Avenue.
Sometime during Monday night, or early a.m. of Tuesday morn-
ing, a short circuit in the hot water heater started a fire
in the attic. Approximately 3~45 a.m. a Delray off-duty
policeman, name Dwayne Wright, was passing the house, to
stop in to see his brother who works, the midnight to eight
a.m. shift at the Direct gas station which is right next door,
noticed that the south end of the house and roof was inflames.
He immediately had his brother call the' police department and
the police in turn called the fire department, and then he
rushed to the rear bedroom windows to waken me, as his brother
had told him that there was someone living.there and .sleeping
in the rear bedroom. HSs wick thinking and prompt action pre-
vented what could have been a very serious event.
-2- 9-28-64
535
"The firemen who responded to the call did a wonderful job.
There wa~ no confusion aseach man went about his assig~ment
in a very business like manners. Chief Gregory, too, was quite
busy in his directing the work both inside and outside the
house. The fire departments' actions in preventing as little
fire or water damage to my personal belongings was very greatly
appreciated. The moving of furniture 'and the covering of
furniture with tarpaulins by the fire department was great.
Will you please convey my thanks and appreciation to .the Police
and Fire departments for their prompt and competent actions."
City Manager Holland was directed to commend, through proper
channels, t~.e departments and individuals mentioned in said letter.
5. Mayor Avery read a Proclamation, DRIVE FOR R~GISTRATION, the final
date for registering being October 3rd, 1964.
Mayor Avery commended City Clerk Worthing, who is a Palm Beach
County Deputy Registrar, and his office for their voluntary work in
County registrations, and for opening their office for five Saturdays
from 9:00 A.M. to 1:00 P.M. through October 3rd, for that purpose.
5.a. Mr. Barrow said that since the Council had given-Finance
Director Weber.a three day vacation for his extra work duri~gpre-
paration of the budget, he feltthat City Clerk Worthing deserved
the same consideration, and so moved. ~ne motion was seconded by
Mr. Saunders and carried unanimously.
5.a. Mayor Avery said he'had been approached by the Power Squadron
of Delray Beach concerning available space for their use in the
Police Building. Mayor Avery said he felt the court room would be
satisfactory for their night lectures, and suggested that the City
Manager be authorized to work with the Power squadron and~they be
given the use of whatever' room he decides is available, it being so
moved by Mr. Talbot, seconded by Mr. Croft and unanimously carried.
5,a. Mayor Avery commented on an item in the September 28th, 1964
Delray Beach News-Journal, "In Focus" by Gary Gooder, and read 'part
of said item as follows~
"One prominent businessman has called the.recent tax reduction
of from 13.5 to 10.5 mills the~-'greatest economic boost' to
Delray Beach since the 1920's. Now it remains to be seen how
the publt'c, the winter visitors, and the new residents manage
this reduced millage.
Among~e previous complaints of high taxes were high rents
demande~y the landlords 'to pay the high tax rate'. The
high rents and no parking resulted in the vacancy of several
stores on Atlantic Avenue. Parking has now been provided and
taxes have been lowered. Ir'remains up to the landlords now
to keep a prosperous main street ...... if the basis of com-
plaints in the past are correct."
Mayor Avery said he felt the Council had done a fine ~job in pro-
viding downtown parking and a reduced millage rate.
6.a. Concerning surfboarding at the municipal beach, City Manager
Holland stated he needed legal help in the form of an Emergency
Ordinance that was prepared for C~uncil consideration tonight.
Mayor Avery suggested that the City Manager be directed to re-
serve a 317' area, as shown on a sketch.presented to. the Council at
their last regular meeting, for surfboarding, and that this be on a
60 day trial basis on the willingness of the surfers to recognize
the authority and to keep any problems from-arising.
536
Mr. ~roftmoved that the City Manager be instructed to give this
317' area for surfboarding a 60 day trial, hoping for cooperation
from the surfers. The motion was seconded by Mr. Barrow and carried
unanimously.
City Clerk worthing was asked to read ORDINANCE NO. G-$74.
AN. EMERGENCY ORDINANCE OF THE CITY OF DELRAY
BEACH, FLORIDA', AMENDING C~ApTER 7 OF THE
CODE OF ORDINANCES OF THIS CITY PERTAI~NG
TO THE RULES ~ND REGULATIONS FOR THE USE OF
THE DELRAY BEACH MUNICIPAL BEACH. '.-
(Copy of Ordinance No. G-574 is attached to and made a part of
the official copy of these minutes.} See Pages ~4~-A th~u ~-C)
Mrs. Clarence L. Smith of 106 Dixie Boulevard, said that she was
not against surfboarding and enjoyment for the youth of Delray Beach,
but felt'the area designated for surfboarding was not the proper area,
as residents and visitors of Delray Beach made much use of t~at area
for bathing.
Mr. Robert L. Richwagen, a local businessman .interested in rent-
ing and selling surfboards, informed the Council that he was at the
beach every weekend and had made quite an extensiv~ poll of the
people and found that most people enjoyed watchin~ the surfers.
Mr. Dudley Barlow0 Jr., a Delray Beach surfer, asked if the
Council planned to outlaw surfboarding after the 60 day trial period;
further, if three miles of the ocean off the municipal beach had been
annexed to the City and was under the City's Jurisdiction.
Mr. Earlow was informed that three miles of the Atlantic Ocean
off the municipal beach had been annexed to the City and was under
City jurisdiction, and that there was no intention of outlawing surf-
boarding if the surfboarders did not violate the laws and rules re-
gulating same.
Following a public' hearing, Emergency Ordinance No. G-574 was
unanimously passed and adopted on this first a~d final reading on
motion by Mr. Saunders and seconded by Mr. 'Barrow.
6.b. Concerning extension of Engineers' professional liability in-
surance coverage, City Clerk Worthing reported to Council as follows=
"With reference to the Engineers' Professional Liability
Insurance coverage, in connection with the Sewer Project,
which expired September 25th, Beery and Brown have received
a telegram indicating a 'binder' thereon subject to an ap-
plication for such insurance coverage renewal as Council
may determine to obtain. The application was only this day
received from Russell & Axon and turned over to Beery and
Brown who will seek cost quotations on the amounts of coverage
which Council recently requested of Mr. Harvey Brown who was
unable to be present this evening. In view of the 'binder'
having been provided~ it is recommended that no action be taken
at this time, anticipating that Mr. Brown will have definite
and complete information for Council toact upon at its next
meeting."
Mr. Barrow moved ~hatthis item'be tabled until the next meeting
as recommended, the mot&on being seconded by Mr.' Saunders. Following
discussion, the motio~ carried unanimously.
-4- 9-28-64
537
6.c. Concerning architectural services in connection with erection
of a new ~is building, the City Clerk informed the Council that
an agreem~thad been Preparedfor employing the architectural
services'O~!Mr. Kenneth Jacobson, and that it was requested that
Council au~orize execution of said agreement by the appropriate
City offi~!e.
City ~rney Adams presented the agreement that had been pre-
pared, and a~copy of same is attached to and made a part of these
official minutes. (Sss Pa~s ~4~-D th~ ~%-~)
Mr. S~ders moved to proceed w~th the agreement with Mr.
Jacobson, ~hor~ing its execution, the motion being seconded by
Mr. BarroW ~d una,imously carried.
6.d. Co~e~ning an application for the purchase of a City owned
parcel of ~a~d, C~ty Clerk worthing informed the Council as follows:
"Th~~ has been received an offer to purchase Lot 24, Block
A, ~t Side Heights, said parcel of land being located on
the southwest corner of N. W. 2nd Street and 9th Avenue.
Three quarters of its assessed
valu~tion accompanied the offer to buy, in accordance with
requirements of the City Charter. This Lot 24 is the only
City owned parcel of land within said Block A, West Side
Heights.
Council may determine the parcel of lend~-is not for sale,
or direct the procedure for disposal thereof, as set forth
in the Charter, to be followed, which, in brief, provides
that a p~blic auction be held for the possible sale of said
lot 24. On any directed public auction of City owned prop-
erty, the highest bid received may be accepted or all bids
may be rejected, as Council may determine to do following
such auOtion."
The offer to purchase said land was unanimously rejected on
motion by Mr. Saunders~and seconded by Mr. Barrow.
7.a. City Clerk Worthtng read the following letter from Russell &
Axon, dated September 23rd, 1964, regarding reduction in retainage
on the Barb~rossa Contract.
"1. Barbarossa & Sons, Inc., have now completed and tested
all sewers and force mains covered by their contract.
2. During the pest month, a crew of ~en, working under the
direction of a Russell & Axon engineer have taken positive
action with respect to every valid complaint which has been
received from any source, during the constructionperiod.
3. While it is inevitable that complete satisfaction'will
be difficult to obtain in every case, wa nevertheless, have
made a solid effort to reach a reasonable accord with all
affected individuals. During this period, BarbarOssa and'
Sons have given their full cooperation.
4~ I would like tO have authority from. the City Council to
close oUt the BarbaWossa Contract in the very near future,
as it should be evident that. we cannot keep this contract
open indefinitely.
5. In the interim period, it is recommended that the Council
approve redUction Of the retained moneys to $20~000.00. This
sum is considered ample to protect 'the interests of the City.
9-28-64
"6. In connection with the above'~eco~/nendation, attention
is in~ited to the fact that in addition to the retained sum,
the City is fully protected for a year after final acceptance
of the contract, by both a guarantee bond and a performance
bond for the full amount of the contract."
Following discussion, Mr. Talbotmoved to approve the recommended
action, the motion being seconded by Mr. Saunders and unanimously
carried.
?.b. City Clerk Worthing informed the Council as follows=
"The Sherman Williams American Legion Post No. 188 request
permission to again use the West Side City Park for sponsor-
ing its Annual Thanksgiving Festival, entertainment to be
provided by the Sheldon Amusement Enterprise of Pompano Beach.
Similar use has been granted the Legion Post for the past
several years.
it is recommended that such permissive use be granted subject
to the Legion Fost NO. 188 providing for necessary water,
power and sanitation facilities withoutaccess to, nor use
being madeof the Teen Tow~ center or Pool buildings, and a
deposit of $50.00 as assurance of the grounds being cleared
of at1 debris immediately following closing of the Festival.
Deposit shall be-returnable only upon satisfactory clearance
of the land."
Mr. Croft moved to grant'said-request subject to the recommenda-
tions of the City Manager, the motion being seconded by Mr. Barrow
and unanimously carried.
8.a. City Clerk worthing presented RESOLUTION NO. 1486.
A RESOLUTION OF THIS CITY COUNCIL OF THE
CITY OF DEL~AY BEACH, FLO~IDA~ PROVIDING
FOR EXCHANGE OF CITY OWNED L~ND FOR OTHER
LANDS MORE SUITED FOR MUNICIPAL USE.
(Copy of Resolution No. 1486 and Exchange Agreement are attached
to and made a part of the official copy of these minutes.)
(See Pages 5~-H th~u 5~-L)
Resolution No. 1486 was una~i~ously~paased and adopted on motion
by Mr. Croft and seconded by Mr. Barrow.
City Attorney Adams suggested that in addition to-the $5°350.00
being provid~d, there should be an amount provided for closing costs,
not to exceed $300.00, .and that said funds be provided ~rom the Im-
provement Fund.
Mr. Croft moved that said funds as recommended be provided fro~
the Improvement Fund, the motion being seconded by Mr. Barrow and
unanimously ca~ried.
8.b. City Clerk Worthing presented ORDINANCE NO. G-568.
AN ORDINANCE 'OF TH~ CITY COUNCIL OF THE CITY
OF DELRAY. BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH CERTAIN LAND, NANELY LOT 14,
SECOND ADDITION TO HIGH ACRES, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY~ REDEFINING THE BOb%~DA~RIES OF SAID CITY TO
INCLUDE SAID LAND: PROVIDIN~ FOR THE P~IGHTS AND
OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE
ZONING THEREOF.
-6- 9-28-64
539
(Copy of Ordinance No. G-568 is attached to and made a
part of the official copy of these minutes. ) (See PaEe ~4~-M)
There being no objection to Ordinance No. G-568, said Ordinance
was unani~.~.S~y passed and adopted' on this second and final reading,
on motion b~ Mr. Croft and seconded by Mr. Saunders.
8.c. City Ol~rk Worthing presented ORDINANCE NO. G-570.
AN ORDINANCE OF THE CITY OF DELRAY BEACH
AMENDING SECTIONS 9-6.5 and 9-6.6, CODE
~, ORDINANCES OF SAID CITY PERTAINING TO
~GULATIONS LIMITING THE HOURS FOR CERTAIN
BUILDING CONSTRUCTION IN THE CITY OF DELRAY
BEACH, AND PROVIDING PENALTIES FOR THE VIO-
~ION THEREOF.
Ordinance No. G-570 was unanimously placed on first reading on
motion by Mr. Barrow and seconded by Mr. Talbot.
8.d. The City Clerk presented ORDINANCE NO. G-571.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
TH~ CITY OF DELRAY BEACH, FLORIDA, AMENDING
C~APTER 14A, SECTION 14A-8, CODE OF ORDINANCES
OF THIS CITY, PERTAINING TO SERVICE C~ARGES OR
FEES FOR COLLECTION OF GARBAGE AND TBASH; AND
PROVIDING FOR AN EFFECTIVE DATE.
Copy Of Ordinance No. G-571 is attached to and made a part of the
official copy of these-minutes.) (~ee Page
Following a public hearing on same, Ordinance N~. G-57I was unani-
mously passed and adoDted on this firet and final reading on motion by
Mr. Talbot and seconded by Mr. Barrow.
8.e. City Clerk Worthing presented ORDINANCE NO. G-572.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY'BEACH LOTS 5, 6, 7, 9, 10, 11 and 12,
SEACREST SUBDIVISION, WHICH LOTS ARE CONTIBUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ RE-
DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LOTS; PROVIDING FOR THE RIGHTS AND OBLI-
GATIONS OF SAID LOTS; AND PROVIDING FOR THE
ZONING THEREOF.
Ordinance No. G-57Z was unanimously placed on firet reading on
motion by Mr. Saundera and seconded by Mr. Barrow.
8.f. City Clerk Worthing Dresented ORDINANCE NO. G-573.
AN EMERGENCY O~DINANCE OF THE CITY COUNCIL, OF
Ore.ER Z?, ION (b) OF
cO~
OF
oa Z NCEs OF eZ?Y 'aO DZ FOR
¥ONSO RS WHOL .Y OWSZDE
CORPORATE LIMITS-..OF SAID 9ITY~ AND PROVIDING
AN EFF~CT~V~ DATa.
WHEREAS, the City Council of the City of Delray Beach, Florida,
has heretofore caused a c0mprehensi~e survey to be made by R~ssell &
Axon, Consulting Engineers, relative to the water rates of this City,
and '~ -7- 9-~8-64
540
WHEREAS, the City Council has recently received a supplemental
report from Russell & Axon, Consulting Engineers, relative to the
rates for water furnished to customers wholly outside the corporate
limits; and
WHEREAS, the City Council feels that it is still advisable to
offer water at rates as low as good practices permit within the
corporate limits since the residents are the "owners" of the city
water system;.and
WHEREAS, the City Council has determined that the. City does not
realize a reasonable return on the investment from water customers
outside the city limits; and
WHEREAS, the City Council deems it necessary to pass this ordi-
nance on an emergency basis to implement the funds heretofore budg-
eted for the new fiscal year commencing October 1, 1964;
NOW, T~EREFORE, BE IT ORDAINED BY THE CITY COUNCXL OF T~E CITY
OF DELRAY BEACH, FLORIDA ~ AS FOLLOWS:
That Chapter 27, Section 2?-3 (b) be, and the same is hereby
amended to read as follows:
"(b) Rates
"The rates for water furnished by the water facil~ties or plant
of the City of Delray Beach, Florida, to consumers wholly outside
the corporate limits of said city by, and the same are hereby fixed
at sums equal to th~ rates shown in the schedule set forth in sub-
paragraph. (a) hereinabove plus one hundred fifty (150%) per cent of
each respective classification."
PASSED AND ADOPTED this day of September, 1964, to be
effective October 1, 1964.
Following a public hearing on same, Emergency Ordinance No. G-573
was unanimously passed and adopted on this first and final reading,
on motion by Mr. Talbot and seconded by Mr~ Croft.
10.x. City Manager Holland recommended the-following appropriation
transfers, presented by Finance Director Weber:
"For Storm Clean-up:
from the Contingency Fund 918 858 800 $12,053.00
to Labor Trash Account 910' 334 205 $3,040.00
and to Equipment Rental, Trash
Account 910 334 441 $9,013.00
For Street Sweeper Repairs:
from the Contingency Fund 910 858 800 $ 950.00
to Equipment Repair, Street Cleaning Account No. 910 332 421
To the City Esl1 Telephone Account No. 910 351 430
which was ovezdrawn.
from Legal Service Account No. 910 351 430 $ 510.00"
Mr. Croft moved to approve said appropriation transfers as re-
commended by the City Manager, the motion being seconded by Mr.
Talbot and carried unanimously.
10.x. Finance Director weber reported that an amount of $12,599.62
had been spent by the City for hurricane clean-up, over and. above
the money paid to regular employees for their regular work days.
-8- 9-28-64
541
10.x. concerning the sanitary sewer connection survey that had been
requested, F$~ance DirectOr Weber reported as follows~
Numbe~'0f surveys mailed to residents 1~054
Numbe} of surveys to be mailed ~20
Numbe~ O~ surveys to be made by City employees 1,149
Number ~ Surveys that have been made by
City employees 320...
Total Estimated sewer connections 2,843
Num~ ~ surveys received from residents 600
10.x, City~nager H011and informed the Council that since Emergency
Ordinance ~@¥~G-574 had been passed and adopted,, there was need to
hire a Li~rd Chief, and recommended the hiring of Mr. Luke Wilson,
and fur~¥Pcomme~ded that $7,000.00 to cover the'salary of Mr.
Wilson for the coming year be transferred from the Contingency Account
to the East Side Pool Account No. 910 731 114, this transfer to be in
the 1964-~5 budget.
Mr, Talbot mOved'to approve the recommendations of the City
Manager in the hiring of a lifeguard chief and transfer of money in
the 1964-65 budget. The motion was seconded by Mr. Barrow and
carried unanimously.
10.x. City Manager Holland asked City Engineer Fleming to present
the following memorandum, dated September 24th, 1964=
"Subject: New me,or and pump for Well No. 3 - North Plant.
As you k~ow, the submersible pump located on Well No. 3 for
the north plant has recently broken down (Sept. 16th) and will
require repairs or replacement. It appears that the main thrust
bearing has gone bad, and this will require sen~ing the entire
assembly to the factory in Statesville, N.C. for repairs. In
addition to this, if something is found to be wrong with the
pump it might have to be sent to California. Past experience
shows that it will be out of service for at least three months.
We have experienced considerable difficulty with this type of
submersible installation. In my estimation this is due prima-
rily to 'the fact that the well casing is not large enough to
accommodate the 10" diameter of the submersed motor.
I would recommend that a standard turbine motor be installed
above ground at this location as was previously done on Well
No. 4. The submer$ible m~tor will then be repaired,and held
available for emergency use or cam be used in the .new well...if
the casing diameter is increased.
I have in hand a quotation from J. P. Carroll for the instal-
lation of the turbine tYPe motor and pUmb'as fotlows:
'For the 12" 1500 GPM Pump ¢°mplete with 40 HP Vertical
Hollow Shaft Motor inCXuding cast iron support head, 40'
of Column and Shaftlng~ 10~ of Suction Pipe. Price delivered
to Delray Beach $2,362.00.
For i Jam-Air Nol 80 CR Blower, includingnecessary electrical
work and dugt work (a duplicate'of the unit installed at Well
% 4). Price complete $271.00.
For the installation of the turbine pump, tie-in tothe exist-
ing 8" discharge ~ine, necessary electrical work, foundation
and sanitary seal.-~Pr.~ce $340.00.'
-9- 9-28-64
549-
"Installation of theabove new equipment .could be c. ompleted
within six weeks from the date of the receipt oran order and
all labor and materials are guaranteed for a period of one
year from the date of installation.
May we please have authority to' authorize Carroll to proceed ·
with this installation as quickly as possible."
Following discussion, Mr, Croft moved to pzoceed with the purchase
of the new equipment from J. P. Carroll in the amount of $2,973.00,
from this year's budget, the motion being seconded by Mr. Barrow.
Upon call of ro11, Mr. Barrow, Mr. Croft, Mr. Saunders and Mayor
Avery voted in favor of the motion, and Mr. Talbot was opposed.
10.xo City Manager Holland asked Mr. O. W. Woodard to present the
following letter and financial statement from Mr. James W. Jackson,
dated September 28th, 1964:
"The summer skiing program was a financial success. Enclosed
is a financial statement. Enthusiasm is high and many parents
are hopeful that this program will be.continued throughout the
winter months. Therefore, I would li~e to propose the follow-
ing eight (8) week water ski program to be held on Lake Ida in
Delray Beach.
1. Instruction from beginner t° expert 4 days a week on
Monday, Tuesday, Thursday 'and Friday; school age children
from 3:00 to 5~00 in the afternoon and adults from 1~00
to 3:00 on Tuesday and Thursday. ~
2. The program would start October 12, 1964 and tentatively
end on December 4, 1964.
3. The Program will be partially ~elf-supporting through
a nominal activity fee such as the fee charged a~ th~ public
swimming pool and tennis courts. <
4. I agree to organize, supervise., and coach for a salary
of thirty-six ($36) dollars per week.
5. I further agree to furnish ail'of the necessary 'equip- ~
ment: Boats, Motors, Skis, Ropes an~ Water Ski Lifesaver
Jackets which everyone is required to wear. The prospective
student would need to bring only a ~athing suit and a towel.
Hopefully the ski program will be self supporting; however,
the total cost for the gas and oil will be $40. a week. If
the activity fee does not fully cover this amount; I feel I
should be reimbursed the difference.
Financial Report--Water Skiing Program, Summer 1964.
Registration $ 88.00
Skiing Pees ..... 267~00
$355.00
~XP~NSES
Gas.& 0il 324.00
Equipment Maintenance 5.30 "'
Administrative & Pirst Aid Supplies 6.13
Rating Certificates 5.11
Picnic - Including Sk~ing 3Q.O~,.
$370.54
-10- 9-~8-64 ($15.54)
543
"COMMENTS:
Income: 176 Registered and skied at least one time.
The skiers were charged $.50 registration ~ee
and $.25 per day.
Expenses: Rating certificates were given to every
participant. A picnic and ski party to
close the program was free to all who
participated in the summer skiing."
Following discussion, Mr. Saunders moved to approve the eight
weeks of fall ski program, at $36.00 per week salary to Mr. Jackson,
and that this money be paid from the Playground and Playfield Ac-
count. The motion was seconded byMr. Barrow and carried unanimously.
Mayor Avery asked that a very nice letter of commendation be
written to Mr. Jackson for conducting such a fine summer ski program.
10.x. City Manager Holland informed the Council that Barbarossa &
Sons were ready to replace the sprinkler system, muck and sod at the
Woman's Club, and that he did not approve of muck being brought from
east of the Intracoastal Waterway because of the salt content. The
City Manager asked the Council who would be responsible for watering
said sod after it had been placed, as prior to the sewer installation,
the Woman's Club had discontinued.watering the grass because of the
expense involved.
Following discussion, Mr. Talbot moved that the City water the
grass at the Woman's Club for a period of two weeks and that the
Beautification Committee confer with the Woman's Club about the
future care of same and report back-to CoUncil. The motion was
seconded by Mr. B&rrow and carried unanimously.
10.a. City Clerk Worthing presented the following Bills for Approval:
General Fund $ 138,317.28
Water Fund - Operating Fund 217,257.19
Special Trust Account--First National Bank 4,231.34
Refundable Deposits Fund 2,508.33
Improvement Fund. 2,091.20
The bills were unanimously ordered paid on motion by Mr. Barrow
and seconded by Mr. Talbot.
10.x. Mr. Talbot reminded the Council of a meeting with 'various
engineers concerning beach erosion, said meeting to be held in the
Conference Room at the Oity Hall Tuesday evening, September 29th,
and that the City Manager and City Attorney should also attend said
meeting.
The meeting adjourned at 9:40 P.M.., by order of Mayor Avery.
.. .~ R. D..WORTHING City Clerk
APPROVED:
M A Y 0 R ~
-11- 9-28-64
89
ORDINANCE NO. G-574.
AN EMERGENCY ORDIN~.NCE OF THE CITY OF DELRAY
.BEACH, FLORIDA, AMENDING CHAPTER 7 OF THE
~DE OF ORDINANCES OF THIS CITY pERTAINING
~0~THE RULES A~D R~OULAT~O~S FOR THE USE OF
~.~ DELRAY BEACH MUNICIPAL BEACH.
~REAS, the City CoUncil of the City of Delray Beach,
Florida, ~ems it necessary in order to promote and insure the
safety &n~!health and welfare of the people using the ~unicipal
beach to p~mulgate certain rules and regulations for the use
of said beach.
N~W, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY QF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.S~CTIPN 1. chapter 7, Code of Ordinances of the City
of Delra¥ Beach be and the same is hereby amended to read as
follows:
"Sec. 7-1. Rules and regulatlons for use of the
Municipal Beach:
"All persons using the Municipal Beach within this
City shall comply with and abide by the following rules and
regulations:
"(1) No person shall dress or undress on the beach
except in taking off or Putting on dressing
robes and shoes.
"(2) No person shall be dressed indecently or act
indecently or be attired in indecent apparel.
"(3) No person ~r group of persons shall engage in
ball playing of any kAnd except in areas pro-
vided therefor.
"(4)No person sha.l.~ use loud, boisterous, or pro-
fane language.
"(5) No person shall fish upon the municipal beach
except at such times and in such places as
shall in no wise endanger other persons.
"(6) No person shall throw, place or. deposit on
such beach any paper, food, trash or other
refuse, but shall deposit same in recepta-
cles provided therefor.
"(7) No person shall Sell or barter any article or
personal property, tangible or intangible on
the mUniciPalbeach except for those persons
or firms expressly licensed~ by the City to
operate a business on said beach.
"(8) No commercial photographer shall take pictures
upon said public beach except by written per-
missibn of the chief of police.
"(9)No person aha11 drink intoxicating beverages
upon the public beacheS.
Page 2. Emergency Ordinance No. 0-574.
"(10) No person shall use any portion of the public
beaches for the purpose of assembling,,where
over twenty-five persons are involved.
"(11) No person shall use or bring Upon ~he beach for
use any platform, trapeze bars'or simiiar arti-
cles for gymnastic exhibition or use.
"(12) No motor vehicle shall be driven upon the
beaches without the previous written consent
of the chief of police.
"(13) No person shall bathe or swim in the Atlantic
Ocean contiguous to the municipal beach naked
or insufficiently clothed to prevent indecent
exposure of the person.
"(14) No person wh° shall own or be in control of or
in charge of any dog shall allow same upon the
municipal beach.
"(15) No surfboarding shall be permitted except in
areas designated by the City Manager. It shall
be the duty of the life guard chief to see that
proper markers are maintained to indicate the
location of any area so designated.
"(16) The duly employed lifeguards of the City are
authorized to require'persons using the beach
to obey reasonable commands designed to protect
the public and public property in the use of the
municipal beach, and the failure to obey any law-
ful command of such guards shall be a violation
of this code.
"(17} The life guard chief is hereby vested with all
the powers of policemen of the ctty~while on
lifeguard duty, subject at all times to the
control and supervision of the chief of police
of the city.
"(18) For the purposes of this section, the "municipal
beach" shall be intended to mean all the frae-
tional Bast half of Section 16, Township 46
South, Range 43 Bast lying Bast of the Bast
curb of State Road AIA (Ocean Boulevard) in-
cluding the waters of the Atlantic Ocean with-
in the boun~aries.of this city.
"Sec. 7-2. Penalty for violation.
"Any person who violates the provision of Section 7-1
shall upon conviction be punished as provided in Section 1-6
of' this code."
Page 3. Emergency Ordinance No. G-574.
~ECTION 2. In the event any section, paragraph,
sentence, clause, phrase or portion of this Ordinance be held
unconstitutional, invalid or ineffeotlve, the same shall not
repeal, nullify or in any manner affect any other section,
paragraph, sentence, clause or portion of this Ordinance.
Passed and adopted on the 28th day of ~eptembe~ , 1964,
to be effective immediately.
.... /S/.. AL. C. AVERT
MAYOR
ATTEST:
.... o. WORSTS,
City Clerk
the
of Delray
the Cit
t!be Project,
NOW
for the
cons idera·
The
as set forth
The
the fee
and
.upon; the
said Nine
ca!~led
the
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The
all such
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me
Attest:
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1964
W':t ~nes,s
ORDINANCE NO. G-568.
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
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 I~.~CLUDE
SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLi-
GATIONS OF SAID LAND; AND PROVIDING FOR THE
ZONING THEREOF.
WHEREAS, CLINTON W. SHEAFER and MABEL H. SHEAFER (his wife)
are the fee simple owners of the property hereinafter described, and
WHEREAS, CLINTON W. SHEAFER and MABEL H. SHEAFER (his wife),
by their petition, have consented and given permission for the annex-
ation of said property by the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been au-
thorized to annex lands in accordance with Section 185.1 of the City
~J~arter 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..
.SECT.ION 1. That the City Council of the City. of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described tract of land located in Palm Beach County,
Florida, which lies contiguous to said City, to-wit:
That tract of land, namely Lot 14, Second
Addition to High Acres, per Plat Book 23,
Page 37, 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 described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach, Florida.
SE~T..ION.' ~. That the tract of land hereinabove described
is hereby declared to be in Zoning District R-1AA, as defined by
existing ordinances of the City of Delray Beach, Florida.
SE.CTION .4? That the land hereinabove described shall im-
mediately become subject to all of the franchises, priviieges, im-
munities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be, and persons
residing thereon shall be deemed citizens of the City of Delray Beach.
SEC?,I,ON 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 portion.
PASSED in regular session on the second and final reading
on the 28th day of September , 1964.
/,S/ AS. C, A ,VERY
MAYOR
ATTEST:
/,/R. D.
City Clerk
First Reading ,,September 1~, ~19,6~ Second Reading Se]~temb?r ,,28, 1~6~
'~'1
T6~'
ORDINANCE NO. G'570.
AN ORDINANCE OF THE CITY OF DELRAY BEACH
AMENDING SECTIONS 9-6.5 AND 9-6.6,..CODE
OF ORDINANCES OF SAID CITY PERTAINING TO
REGULATIONS LIMITING THE HOURS FOR CERTAIN
BUILDING CONSTRUCTION IN THE CITY OF DELRAY
BEACH, AND PROVIDING PENALTIES FOR THE VIO-
LATION THEREOF.
WHEREAS, on the 25th day of February, 1957, ~he City
Council o~ the City of Delray Beach, Florida, passed Ordina~¢9 G-246
which was COdified as Sections 9-6.5 and 9-6.6~ and
WHEREAS, said ordinance limited construction or build-
ing which would cause Vibrations, noises, shaking or jarring t~ the
hours from 8=00 o'clock A.M. to 5=00 o'clock P.M., Mondays~hrpugh
Saturdays of each week during the period from December 1 of each
year to April 30 of the following year~ and
WHEREAS, the City Council of the City of Delray Beach,
Florida, deems it for the best interest and health, welfare and safe-
ty of the citizens of this city that such construction and building
be so regulated during the ~ntire year,
NOW, THEREFORe, BE IT ORDAINED by the City Council of
the City of Delray Beach, Florida as follows=
Section 1. Sections 9-6.5 and 9-6.6, Chapter 9, Code
of Ordinances of the City of Delray Beach, Florida, be, and the same
are hereby amended to read as follows:
"Section 9-6.5 No construction or building of any
type causing vibrations, noises, shaking or jarring to be emitted
therefro~ shall be carried on or performed within the City of Delray
Beach, Florida, except between the hours from 8=00 o'cl0ck A.M. to
5:00 o'clock P.M. on Monday through Saturday of each week during the
year.
"Section 9-6.6 Any person, firm or corporation engag-
ing in such construction or building betWeen the houreof 5:00 o'clock
P.M. of one day and 8=00 o'clock A.M. of the following day between
5=00 o'clock P.M. Saturday'and 8=00 o'clock A.M. of the following
Monday in the City of Delray Beach as aforesaid, unless the same be
emergency work, shallbe punished in accordance with chapter 1,
Section 1-6, Code of Ordinances of this City."
Section 2. Any ordinance or ordinances, or part or
parts of any ordinance in conflict herewith are hereby repealed.
PASSED in regular session on second and final reading
on this 12th day of Ootober, 1964.
/s/ AL. C. AVERY
MAYOR
ATTEST:
City Clerk ' '
First Reading September 28,
Second Reading Oeteb_er 12, ,,19~4
ORDINANCE NO.
AN EMERGENCY ORDINANCE .OF THE CITY COUNCIL
OF THE CITY OF DEL~AY BEACH, FLORIDA, AMEND-
IN~ CHAPTER 14A, SECTION 14A-80 CODE OF ORDI-
NANCHS OF THIS CITY, PERTAINING TO SERVICE
CHAR~ES OR FEES FOR COLLECTION OF
AND TRASH~ AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, it is deemed necessary for the best interests
of the City of Delray Beach to revise the present rate schedule
for garbage and trash collections~ and
WHEREAS, the new fiscal y~ear .commences October 1, 1964,
and it is necessary to 'pass this Ordinance on an emergency basis
to provide sufficient funds for Implementing the budget appropri-
ations heretofore adopted:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Chapter 14A, Section 14A-8, Code of Ordinances of this
City, be, and the same is hereby amended to read as follows:
"Sec. 14A-8. Service charge Or fee. .
(a) Schedule:
class Description Fee Per Month
1 Each Dwelling ~Jnit $ 2.00
2 Hotels (Plus any applicable restaurant fee) 6.00
3 Restaurants, Bars and Lunch Counters
Less than 50 cu.ft, per week 4.00
At least 50 cu.ft, but less than 100 cu.ft, per week 10.00
At least 100 cu. ft. but less than 300 cu. ft. per week 16.00
Over 300 cu.ft, per week 30.00
4. Offices (minimum per group $2.00 per month) Each .S0
5. Commercial or Business Establishments
(Having less than 50 cu.ft, per week) 2.00
(At least 50 cu.ft, but less than 100 cu.ft, per week) 6.00
(At least 100 cu.ft, but less than 300 cu.ft, per
week) 14.00
(At least 300 cu. ft. but less than 1000 cu. ft. per
week) 30.00
(1000 cu.ft, per week and over) 140.00"
PASSED AND ADOPTED as an Emergency Ordinance this 28th day
of September, 1964, to be effective October 1, 1964.
/s/ AL. 0. AVERY
MAYOR
ATTEST:
, /s/,R,~ D, WORTHING
City Clerk