10-12-64 545
OCTOBER 12, 1964.
A regular meeting of the City council of Delra¥ Beach was held~ in
the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the
chair, City Attorney John Rose Adams, City Manager Robert J. Holland,
and Councilmen Emory J. Barrow, J. LeRoy Croft, Jack L. Saundera and
George Talbot, Jr., being present.
1. An opening prayer was delivered by the Rev. Ralph B. Johnson.
1.a. The Pledge of Allegiance to the Flag of the United States of
America was given.
. 2. The minutes of the regular meeting of September 28th, 1964, were
unanimously apprOVed on motion by Mr. Barrow and seconded by Mr.
,. Saunders.
3. Mr. E. H. Warner, 500 Oleander Lane, complained of the unsightly
condition of Lot X, Block 14, Seagate "A", where there exists dredged
material from the Intracoastal Waterway, and said that he had com-
plained of this condition before, and feels same is very bad advertise-
ment for Delray Beach with tbs winter season approaching.
Following discussion, Mr. Talbot moved to direct the City Clerk to
send Mr. De Rice, the owner of said property, a 60 day notice as pro-
vided for in Ordinance No. G-560. The motion was seconded by Mr.
Barrow and carried unanimously.
3. Col. L. V. ~verett, President of the Senior Citizens Club of
Delray Beach, informed .the council that they were faced.with the
problem of losing some of. the time at the Community Center that they
were accustomed to having, that in the past they had used the Center
for cards every Wednesday evening from 7:00 P.M. until 10~00 or 10:30
P.M., and on Thu~sd&y from 10~39 A.M. ~ntil about 3:00 P.M., with a
pot luck luncheon at noon. Coi.~verett said he had been advised by
Mr. Hansen, Supervisor at the community Center, that there was not
enough time to work in all of the activities and organizations that
desired to use the building, which would result in the Senior Citizens
Club losing their Wednesday night time and part. of the time on
Thursdays, as the Center did not open until 1:00 P.M.
Col..Everett said the neighboring towns of Boca Retch, Boynton
Beach and Lantana were do~ing quite a bit for their Senior Citizens
program, and that he 'felt such an organization wac very beneficial for
the Senior Citizens, and asked that. the time from 10=30 A.M. to. approx-
imately 3~00 P.M. on Thursdays, and from ?:00 to 10':30 P.M. on Wednes-
days be continued as it had in the 9asr.
City Manager Holland info~med the Council that the budget appropri-
ation as set up would only permit the Community Center to open at 1:00
P.M. dally, and there WOuld be an additional cost of approximately
$30.00 per month if the Center was opened at 10230 A.M. on Thursdays.
Further, there were sixteen &ddi.tional programs and no time or space
for them to use the building.
Mr. Hansen, Supervisor at the Community Center, informed the
Council that two and a half years ago, 9,700 people used the building
during the year; two years .ago there were 37,000 people; last year
50,147, which is many more people than used the swimming p0ole., lawn
bowling, shuffleboard courts and tennis courts combined. Mr. Hanson
named various organizations and programs, for which the Community
Center was being used and said that there ware sixteen additional
programs that could not be accommodated this year.
The possibility of using the Council Chambers, also a room in the
old Scout Hut back of the City Hall, for some of the Co.mmunity Center.
activities was discussed.
It was pointed out that if the community Center was o~ened at 9:00
A.M~ daily, all of the organi~ations &~d programs could be accommodated,
and the additional cost would' be approximately $2,250.00 for. the year.
10-12-64
99
Following discussion, Mr. Talbot moved that the City Manager be
directed to arrange the Community Center schedule in such a fashion
as to accommodate all of the groups that'are req~esting use of it,
with the additional cost not to exceed $2,500.00 for the year, and
that ,the money for same be transferred fro~ the Continge~¢y Account
No. 910 858 800 to Account No. 910 759 302, the motion being seconded
by Mr. Barrow and unanimously carried.
4. Mr. Croft read the following Beautification Committee meeting
minutes of October 1, 1964:
"Members present: Smith~ Gooder, Bingham, Croft, Toth, Cartee,
Bowen, Little and Evaul.
i. Mr~ Gary Goo~er informed us that he is now with the Sun-
Sentinel. He will continue to reDresent us with his fine
editorials and items of news.
2. The plans for. our Cemetery project are finally completed
and work will go forward as scheduled.
3. The committee wishes to bring to the attention of the pro-
~er authorities that the club signs, at both entrances are in
need of repair and replacement.
4. A motion was made by Mr. Bingham and seconded by Mrs. Little
that Mr. Cartee be asked to set aside a sum of $50. to be used
by a representative of this Committee to attend the annua! 'Keep
America Beautiful !~orkshop'. M~tion carried.
5. A request to the Council that a letter be sent to the Florida
East Coast ~ilroad authorities, requesting ~ermission to beauti-
fy the area adjacent to Atlantic Avenue crossing, according to
our agreement with them.
6. A motion by Mr. Gooder and seconded by Mrs. Little to con-
sider the Beautification Committee in the reorganization of the
City Park at the Waterway and Atlantic Avenue. Motion carried.
7. It was suggested that the City Attorney and the Council meet
with the officers of the woman's Club to go over the terms of
the lease and ascertain who is responsible for the maintenance
of the property."
Concerning item. 4., it was pointed out the $50.00 expense was
strictly administrative.
Concerning item 5.° Mayor Avery informed the Council that the
Florida East Coast Railway Company has a machine that sprays weed
killer on their rights-of-way, which spray would kill any of the
shrubbery placed on same.
Mayor Avery suggested that the Railway Company be asked to dis
continue sprsying their rights-of-way within the City, and during
discussion, Mr. Croft said he f~lt the Railway Company should be re-
quested to discontinue their wee~ killer spraying only where there is
landscaping.
Mr. Croft moved that the City Manager be requested to write to the
Florida East Coast Railroad authorities, requesting permission to
beautify the area adjacent to the Atlantic Avenue crossing, and where
the rights-of-way have been beautified, that they refrain from using
their weed killer. The motion was seconded by Mr. Saunders and car-
ried unanimously.
Concerning item 6, Mayo= Avery said that he assumes any reorgan-
ization of the City Park at the Waterway and Atlantic Avenue would
come before the Council before any work is done.
-2- 10-12-64
547
4.a. A roll call showed the following Civic Organizations and reD-
resentatives to be in attendance:
League of Women Voters Mrs. Phyllis Plume
Woman's Club Mrs. Dorothy J. Corm
5. City Clerk Worthing read the following telegram from Louis D.
Tenerelli, dated October 1, 1964:
"As an unimportant citizen of our beautiful City, I was dis-
tressed this morning to read in the press the calculated and
disinterested handling of the 'surfer' problem by the City
Manager.and the Council. If what I read is true, what the
surfers were told amounts to an ultimatum which is remindful
of places where dictators are accepted.
This wonderful and exhilariating sport which is taking America
by storm and which by the way is the only thing of lively in-
terest which has happened to Delray in a long time, should be
encouraged and not treated by those who never' swim and do not
have any interest in the ocean.
To be sure everything needs regulatory handling when it involves
more than one individuals rights. That is why we have a City
government. Incidentally no one man should be handing out
ultimatums to any one or any one group as to his own opinion.
Thematter should be handled in a calm, cool and constructive
manner. A .portion of the beach which, is least Occupied by
bathers should be assigned for this wonderful sport and deter-
ment to juvenile delinquency and if necessary arrangements
should be made for benches for spectators since our attractions
are limited.
This wire is addressed to the City government in a spirit of
cooperation for such an important matter should be referred to
a committee of beach owners and operations who know what they
are doing without prejudice and with sympathetic and counselling
language.
This wire will be released to the press."
Mayor Avery asked that a copy of said telegram be sent to each
Councilman, for their consideration and recommendations.
5. City Clerk Worthing read the following letter from Mr. James
Pignato, Corresponding Secretary, Seacrest High School Band Booster's
Club, dated September 29, 1964:
"The members of the SeacrestHigh School Band Booster's Club,
the director, Mr. William Robinson, and members of the Band,
wish to thank you for making funds available for their needs
during the coming year.
Please call upon us during the coming year to assis~ you in
any functions that call for the use of musicians."
5. The City Clerk read the following PUBLIC RELEASE.
"The long awaited completion of the City's Sanitary Sewer
System is now in sight.
That part of the system that lies.west of the Intracoastal
waterway is now in operation and those perso~s who have run
their own sewer line from the street to the house may now make
their permanent connection to the sewer. All future connec-
tions wi1! now be made directly into the sewer.
548 --
"we expect that portion east of the waterway to be c~mpleted
and tested shortly and as soon as this section is ready for
use an announcement will be made accordingly.
The City's administrative staff is now in the process of
computing monthly sewer charge rates and these will become
effective upon acceptance of the complete system by the City.
Also, we wish to remind all Dersons located on the sewer
that they have 60 days in which to connect their property
to the sewer after its acceptance.
With the comDletion now in sight we feel that this sewer
was built with a minimum of inconvenience to the public and
this Council would like to express its thanks to the general
public, the engineers and the contractors for their cooperation
and understanding during this period."
During comments by~ouncilmen, it was Dointed out that there
would be monthly sewer service charges for the users of the old sewer
system as well as the new system, as they were both tied into the new
sewer system and ocean outfall.
The Council, City Administration, City Engineer, Consulting
Engineers and their Project Manager, and the Contractors were compli-
mented on their cooperation and busi~esslike manBer, which contributed
to the early completion of the sanitary sewer system.
5.a. Mr. Talbot referred to the following nuisance violation list~
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 & 15-4 OF THE CITY CODE~
PROPERTY CITY
OW~. R ADDP~E S S D~ S~I PT ION ~0DE
Mary E. Smith Box 701 East half of South
Delray Beach, Fla. 200 feet of Block 66 15-3
R. W. Ward 2430 Barcelona Drive South 35.5 feet Of
Ft. Lauderdale, Pla. Lot 2 & North 20.5
feet of Lot 3,
Block 75. 15-3
Carl R. Brown Box 726 LOt i & North 41 feet
Boynton Beach, Fla. of Lot 2, Block 75. 15-3
Samuel E. & 906 N. E. 2nd Ave. Lot 7,
Shirley O'Neal Delray Beach, Pla. Block 138 15-3
Sarah E. Tw~ffort 936 5th Avenue LOt 5,
New York 21, N.Y. Ocean Breeze Estates 15-3
Walter V. & Box 108 * Lot 7,
Martha M. Moffitt Cold Spring Harbor, Delray Isle 15-3 &
Violation 15-3 as concerns this report pertains to tree
limbs and trash.
· B~ush on North end of this property overhangs seawall
into the waterway.
Submitted by the City Council of the City Manager, this
12th day of October, 1964.
Mr. Talbot moved that the City Clerk be directed to proceed with
the necessary steps to abate said nuisances in violation of Ordinance
No. G-l~?, as listed. The motion was seconded by Mr. Saunders and
carried unanimously.
6.a. City Clerk Worthing informed the Council that in accordance
with their directive of September 14th, the terms and base bid for
proposed sale of the East 21 feet of Lots 45, 46 and 4?, Sundy and
TenbroOk Subdivision, as a result of an offe~ to purchase same having
been received from Mrs. Jesse B. Davis, have been properlY advertised
and a public auction of said land was held at'the City Hall on Thurs-
day, October l, 1964, at l:00 P.M., the only bid received being from
Mrs. Davis in the amount of $150.00.
Mr. Croft moved that the sale of said property to Mrs. Davis be
approved and that the appropriate City officials be authorized to ex-
ecute the necessary instruments to effect such sale. The motion was
seconded by Mr. Talbot and carried unanimously.
6.b. Concerning maintenance of g~ounds at the Woman's Club,: City
Clerk Worthing reminded the Council that they directed the Beautifi-
cation Committee to confer with the Woman's Club as to that responsi-
bility, and report back to the Council.
At the October l, 1964 meeting of the Beautification Committee,
it was suggested that the City Attorney and the Council meet with the
officers of the Woman's Club to go over the terms of the lease and
ascertain Who is responsible for the maintenance of the property.
Mr. D. R. Neff, Project Manager for Russell & Axon, r'eported that
the Contractor had beautified the grounds immediately adjacent to the
Woman's .Club building, and same had been maintained for the past two
weeks with the City furnishing the water for same. Further, he had
not had the sod laid as he was waiting for a decision from the Council
as to who would maintain same.
Mrs. Dorothy Conn, President of the Delray Beach Woman's Club, in-
formed the Council that she had discussed 'this matter with the woman
who had been President of the Club at the time the building was built
and it had been agreed that the City would f~nish the water if the
Woman's Club would do the planting and watering. During comments,
Mrs. Conn read a portion of the 99 year lease that gave her the im-
pression that the City should furnish the water for maintenance of
said grounds.
Following discussion, Mr. Saunders moved that the City Manager be
directed to schedule a conference with the Woman's Club for discussion
of a solution to this problem, the motion being seconded by Mr. Barrow
and unanimously carried.
6.c. The City Clerk infoEned the Council that an appropriation of
$1,485.00 from the Contingency Fund to the Playgrounds and Playfields
account is requested to provide necessary funds for needed replacement
of the canvas awning at the Shuffleboard Courts.
City Clerk Worthing read the bids on this Job, as follows:
Tropical Awning Company $1,629.00
Del~ay Awning Company $1,~2.00
National Top Shop $1,485.00
Mr. Croft moved to accept the low bid of the National Top Shop in
the amount of $1,~85.00 and that the money for same be transferred
from the Contingency Fund to the Playgrounds and Playfields Account.
The motion was seconded by Mr. Talbot and carried unanimously.
6.d. Concerning consideration for final acceptance and settlement of
Powell Brothers' contract, City Clerk Worthing commented as follows:.
"Relative to Powell Brothers' contract, concerning their phase of the
Sewer 0utfall System construction, there were for~arded to Council,
with the Agenda, copies of Change Orders No. ~ and No. 5, No. 4 cover-
ing the cost of ll8 cubic yards of crushed'Stone bedding material
-5- 'lO-l~-~4
55o
found necessary to provide a stable bed for the heavy outfall line in
the muck area east of the Intracoastal Waterway, amounting to an ad-
ditional cost of $708.00. Ohange Order No. 5 provides for a recon-
ciliation of the final actual quantities of materials used in total
construction by Powell Brothers.
Council approval of these Change Orders is recommended, following
which, acceptance and final paymentauthorimation hasbeen recommended
by the Consulting Engineers in their report te Council under date of
October 7th."
Mr. Saunders moved that Change order No. 4 for Powell Brothers be
approved, in the amount of.$708.00, the motion being seconded by Mr.
Talbot and unanimously carried.
(Copy of said Change Order No. 4 is abtached to and made a Part
of the official copy of these minutes.)(Eeo Pages 556-A & 556'B)
City Clerk Worthing informed the Council that Change Order No. 5
for Powell Brothers had been recommended by the Consulting Engineers,
and that all figures contained therein have been verified by Finance
Director Weber. '
Mr. Croft moved that Change Order No. 5 for Powell Brothers be
approved, the motion being seconded by Mr. Talbot and unanimously
carried.
(Copy of said Change Order No. 5 is attached to and made apart
of the official copy of these minutes.) (See Pages 556-g thru ~56-~~)
City Clerk Worthing then read the following letter from D. R.
Neff, Project Manager for Russell & Axon, dated October 7, 1964:
"Subject: Final settlement and acceptance - Powell Brothers
Contract.
1. Your consulting engineers recommend final acceptance cf
and final payment for, Powell Brothers, Incorporated contract
with the City of Delray Beach dated May 22, 1963.
'2. Change Order No. 4 covering crushed stone bedding material,
and Change Order No. 5 making'a final reconciliation between
all quantities as-built, and the original bid quantities are
attached for f~rmal~approval.
~ ~3.. Ail necessary final contract documents :have been prepared
in close cooperation with the City Attorney, and he is prepared
to present them. Required performance and maintenance bonds are
in hand, and in order.
4. Ail work performed under this contract has been carefully
inspected, and found to be in accordance With the plans and
specifications. The sewage outfall is now carrying sewerage
to the Gulf ~tream.
. The total payments under this contract' will be approximately
2,000 under the original bid cost.
6. In order to further reassure this Council, and the people
of Delray Beach, Powell Bros., at the request of the undersigned,
'have agreed to perform two annual inspections of the outfall line,
at No cost to the City. These inspections to consist of placing
dye~n the line, and inspecting the full length of the emt~all
for leaks.
7. It is recommended that Powell BroS. be commended for their
cooperation, and fine workmanship, and for completing~heir
work ten (10) months ahead of the official contract cormpletion
date."
-6- 10-12-64
551
City Attorney Adams commented as follows: "I think the motion
should bethat the final recommendation, as submitted, be approved.
It is certified by the Contractor.. We~have.the releases. We have
the bonds, and everything is in order."
It was so moved by Mr. Talbot, seconded by ~r. Barrow and unani-
mously carried.
6.e. Concerning reduction in retainage for the..Harry Pepper Contract,
City Clerk worthing read the following letter from D. R. Neff, Project
Manager of RUssell & Axon, dated October 7, 1964:
"1. Harry Pepper Company has requested by letter dated
September 21, 1964 that his retainage under his contract
for lift stations, be reduced from 10~ to 5%.'
2. The City now retains (as of the last estimate period)
$46,000 under this contract. The work under this contract
· is 99~completed, and fully operational.
3. It is Our considered opinion that $23,000 is ample to
protect the interests of the City, ~uring the interimperiod
between this date, and finalacceptance of the contract.
Accordingly, it is recommended that favorable consideration
be given to this request."
Mr. Talbot~moved to sustainlthe recommendation of Mr: Neff in
granting the reductiOn in retainagerequeStedby the Harry Pepper
Company, the motion being seconded by Mr. Saunders and unanimously
carried.
6.f. Concerning a storm drain connection to the present sewer system,
City Clerk Worthing readthe'following letter from D. R. Neff, Project
Manager' of Russell & Ax°n, 'dated. october 7th, 1964: ~
"Subject: Revision of Storm Sewer now entering old Sanitary Sewer.
1. Theundersignedhas been advised today bY the City Engineer
that a storm sewer is connected.into the old sewer system. The
inlet iS located on S. E., 2nd Street at the alley between 3rd
and 4thAvenues.
2. 9~ile this condition is not serious as long as the sewer
is discharging by gravity into the intracoastal waterway, it
becomes a matter of grave concern when allsewage must be
pumbed at the ~asterlift station.~
3. It is recommended that steps be taken with Such speed as
maybe.in accord withcOnsidered action, to provide for di-
versi°n of this.storm drainage. In this connection, your
attention is invited to the fact that all practical steps have
been taken to Prevent infiltration of. ground water into the new
Se_War system."
City Engineer Fleming presented and explained hismemorandum of
October 12th, 1964, relative to storm water entering the sanitary
sewer, a~d proPOsals, for correcting same.
During lengthy discussion of the storm drainage situation, Mayor
Averysaid theemPtying ofthe surface water into the sanitary sewer
was of an emergency nature to the extent of POssible sand damage to
lift station pumps.
Mr. Neff said he would like for Council to give consideration to
immediately blocking the storm sewer from entering the sanitarYsewer
system as they were already getting sand., rOcks, etc. in th~ pumps.
Further, that temporary provision had been made to preventsame from
entering the pumps, but he felt itwas sufficiently serious to consider
blocking off the storm sewer. · ,7-'. ' ..!0-12-64
09
552
Mayor AVery asked, the,, City Engineer' the c/u~ckest ~nd moat feasible
way to eliminate.the entry of surface wa.ter and sand, into the sanitary
sewer system, at the point mentioned.byMr, Neff.-
City Engineer Fleming answered as follows= ,The quickest way we
could do it, I would assume, ia to bring the line, which I suggested,
the 24" line, up the alley and then east to tie into the existing
sewer. We would immediately cut ir'off then from the sanitary sewer
and that portion would be useable at anytime that the system.was
further expanded. As stated before, it would tend to bring a little
more water into the already flooded area near the Telegraph Office."
Mayor Avery asked what would happen if the Storm sewer was just
blocked off entirely and was informed there would be flooding .in S.E.
2nd Street an~ in the alley near the telephoneoffice.
Mr. Talbot suggeste~-correcting this situation im~ediately at a
minimum expense and then go into-an overall properly engineered storm
sewer program. '
City Engineer Fleming said it would costapproximately $2,500.00
to install an 8" storm sewer to take care of this problem.
Mayor Avery said this emergency work:would be-to protect the
pumps of the Sanitary Sewer-system an~ suggested, that the Engineers
may be willing to certify that auchan expense is for the protection
of the system and the protection.of the purchasers of th· sewer and
water bonds.
Mr. Neff commented aa follows= "I think that is a goo~ suggestion.
I think this is going to do · lot more than $2,500.00 of damage to the
system and also the cost in electricity and pumping, and the possible
danger of flooding. ! see no objection to.that, speaking for the
Consulting Engineera~"
Mr. Talbot then moves that the City Manager be instructed to
ceed, through the City Engineer, with the .installation of an 8" line
torelievethia situation as quickly as possible, the money to. be
approved by the Consulting .Engineers from the sewer and water funds.
The motion was seconded by Mr. Barrow and carried unanimously.
Mr. Talbot then moved that the City Manager be instructed to
proceed, through the City Engineer, to inaugurate an overall storm
sewer survey, the motion being seconded by Mr. Saunders and carried
unanimously.
6.g. Concerning engineering services relative to beach erosion, a
proposed agreement from Glace Engineering Corporation was submitted.
Mr. Talbot, Chairman of the. Beach Erosion~Committee, commended
the City~Engineer and City Attorney for their fine assistance in pre-
paring said agreement, aha moved for the approval of the agreement
with Glace Engineering Corporation on the beach erosion survey, as
presented tonight. The motion was seconded by Mr. Saunders and
carried unanimously.
Mayor Avery commended Mr. Talbot and the entire Beach. Erosion
Committee for their study and work onbeacherosion problems.
It wasmentioned that the beach erosion study would be from the
north City limits to the south CitY limits, and it was pointed out
that the south City limits of State Road AIA extended quite a-distance
south of the southernmost beach.,front property within the .City.
Followingdiscussion, Mr. Talbot moved to approve the wording as
it is in the agreement with ~lace Engineering Corporation, that the
beach area to be surveyed be defined as the~northernmost City limits
to the southernmost beach property in theCity, themotionbeing
seconded by Mr. Croft and unanimously'uarried.
7.a. City Clerk Worthing informed the Council that the Rainbow Girls,
a teenage group affiliatedWith the ~astern Star, desire permission
to solicit'funds, through the sale of~oookies, for the purpose of
assisting in the advancement, of its members and to provide for expense
of representatives to national assemblies. Further, in compliance
with Chapter 18 of the Co~e of Ordinances, Council may grant or deny
-8- 10-I2-64
553
this request, and that funds obtained by Such solicitation are strict-
ly for charitable purposes.
The request of the 'Rainbow Girls for permission to sell cookies
was unanimously grante~ on motion by Mr. Saunders and seconded by
Mr. Barrow.
8.a. City Clerk worthing presented REsOnUTIoN NO. ~1487.
A RESOLUTION OF T~E CITY COUNCIL OF TH~ CITY OF
BEACH, .FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED %F~THIN SAID CITY; SETTING
OUT ACTUAL .COSTS INCIJRRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING T~E COST OF SUCH ABATF~WI~NT
OF SAID NUISANCES, A~D DECLARING SAID LEV~ TO BE A
~.IBN UPON SAID PROPERTY IN AN AMOUNT AS SHO~ BY
PORT OF T~IE CITY MANAGER OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 1487 and assessment report are at~ached
to and made a part of the official copy of these minutes.)(See Page 556-I)
Resolution No. 1487 was unanimously passed and adopted on motion
by Mr. Barrow and seconded by Mr. Croft.
8.b. City Clerk Worthing presented ORDINANCE NO. G-569.
AN ORDINANCE' OP THE CITY COUNCIL OF THE CITY 0P
DELRAY BEACH, PLORIDA, REZONING AND PLACING LOTS
6, 7 and 8., BLOCK 4, SOUTHRIDGB SUBDIVISION DELRAY
BEACH, FLORIDA,IN "C-2 GENBRAL COMMERCIAL DISTRICT!',
AND AMENDING "ZONING MAP OF D~.LRAY BEACH, FLORIDA,
(Copy of Ordinance No. G-569 is attached to and made a part of the
official ~opy of these minutes. ) (See Page 556-J)
Mr. Martin Kummer objected to the rezoning of Lots 6, 7 and 8,
Block 4, Southridge Subdivision, to. C,2 General Commercial District,
and presented the following petition signed by six of the area resi-
dents, dated September 1, 1964:
"We, the undersigned, being property owners in Southridge
City of Delray Beach, County of Palm Beach, Florida, hereby
vigorously protest the rezoning of Lo%s 6, 7 and 8, Block 4,
Southridge Subdivision, Delray Beach, Florida-, per plat Book
13, pages 38 and 39 of the Public Records of Palm Beach County."
City Clerk ~rthing read the following letter from Beatrice
Crimmins, dated August 10th, 1964:
"I object to any.. change in the Zoning of Lots .6, 7 and 8, Block
4, Southridge Subdivision, Delra¥ Beach, .Florida.
I objected to this request last month and .I'm surprised a re-
quest has been granted again so.. soon."
Zoning Director Hughson read the Pla'nning Board report as a re-
sult of a public hearing on said rezoning..
Mr. Robert A. Green of Green & Matra, Inc., commented on the lay-
out and operation of their business and their need for additional
parking space.
Following a public hearing thereon, Ordinance No. G-569 was unani-
mously passed and adopted on second and final reading, on motion by
Mr. Talbot end seconded by Mr. Saunders.
10-12-64
S.c. City Clerk ~..~orthing presented ORDZN~NCE NO. G-570.
AN ORDINANCE OF THE CITY OF DELRAY BEA~-AMENDING
S~-CT~ONS 9-6.5 AND 9-6:. 6, CODE OF ORIY~C~S OF
SAID CITY PERTAINI~ TO REGULATIONS LY/~XTX'NG THE
HOURS FOR CERTAIN BUILDIN~ CONSTRUCTION IN THE
CITY OF DELRAY BNACH, AND PROVIDING PSNALTIBS
FOR TH~ VIOLATION T~REOF.
(Copy of Ordinance No.' G-570 is attached to and made a part of
the official copy of these minutes.) (See Page'
Mr. Leo Blair, a local building contractor, said he felt the
5:00 P.M. deadline for work was a little early as they occasionally
had a job started that ~they could not leave at $:00 P.M.
Mr. Robert A. Green said that in their, business of concrete plac-
ing, there were Jobs that could ,ct be completed at that hour.
Building Official Hughson explained there was s provision in the
ordinance that would take care of such emergencies.
It was pointed out that this ordinance just extends the time for
year-round control of construction hours.
Following lengthy discussion and a public hearing on Ordinance No.
G-570, Mr. Saunders moved that said ordinance be passed and adopted
on this second and final reading, the motion being seconde~ by Mr.
Barrow. Upon call of ro11, Mr. Barrow, Mr. ~Saunders and Mayor Avery
voted in favor of the motion and Mr. Croft and Mr. Talbot were opposed.
During discussion, Mr. Talbot ha~ suggested that there may be pro-
vision mede for'~ longer hours of construction in certain areas or sec-
tions of town where same would not affect other residents,
City AttOrney Adams said that may be taken care of by ordinance
amendment at a later date, and that a committee may be appointe~ to
study same and make recommendations.
Mr. Talbot move~ that the'City Manager be instructed to inaugurate
a study of this item through the Building 0fficial, in 'conjunction
with a committee of representative contractors in this area, and that
their suggestions be presented to the Council.
,: Building Official Hughson reported' to Counci! that such a commit-
, tee was appointed aPProximatelY a year and a half ago, and that com,
mittee recommended that a11. restrictions be l~fted and that the con-
tractoTs and builders police their own working hours, as they felt
that a lot of 'the noises and disturbances were from sources other than
the building trade.
The motion died' for the lack of a second.
8.d. City Clerk Worthing presented ORDINANCE NO. G-572.
DELR~Y BEACH, FLORIDA, ANNEXIN~ TO TH~. CITY OF
DELRAY BEACH LOTS 5, 6,' 7, 9, 1O, 11 and
SEACREST SUBDIVISION, WHICH LOTS ARE CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS. OF SAID CITY~ REDE-
FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LOTS~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
'SAID LOTS~ AND PROVIDING FOR THE ZONING THEREOF.
{Copy Of Ordinance No. G-572 is~ attached to and made a part of the
official copy of these minutes. ) (See Psg.e ~66-K)
There being no objection to Ordinance 'No. G-572, sai~. Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Barrow and seconded by 'Mr. Saunters.
~. There were no reports.
10.x. City Manager Holland informed the Council that he had worked
on N. W. 6th, 7th and 8th Street rights-of-way, having the stumps
and broken trees removed, this work ~having been done by the regular
City crews. Further, if this Job is to continue throughout the City,
suggested an appropriation of.approximately $700.00 to cover the cost
of three laborers for three or four weeks to do this work, as the
regular City crews are needed for their regular work.
Mr. Croft moved thatthe request of the City Manager for three
laborers for approximately four weeks at a cost not to exceed $7~0.00
be granted and the money be transferred from the Contingency Fund to
Account No. 770 205. The motion was seconded by Mr. Talbot and
carried unanimously.
10.x. Mayor Avery asked the statue of the Contingency Account at this
time and Finance Director weber reported there was a balance Of
$88,715.00 in said account.
10.x. City Manager Holland presented the Council with the revised
1964-65 Budget and reported that there had been changes on 120 pages
of the 176 page budget.
10.x. City Clerk worthing read the following letter from M~. C. W.
Garner, Past President of the Palm Beach County Resources Development
Board, dated October 9, 1964:
"The three-year term of Mr. J. LeRoy Croft as. Director
appointed by the City of Delray Beach to the ReSources
Development Board of Palm Beach COunty expired'October l~t.
Since Mr. Croft has. expressed to me his indifference about'
being reappointed and X have been asked to recommend someone
to take his place on our Board of Directors, I woul~ like to
suggest for you= consideration Mr. Harry Gerquest~ who has
had wide experienc9 in the work we are doing and who would
be fully acceptable to the Board."
Mr. Barrow moved that Mr. Harry Gerquest be ap!~ointed to a three
year term on the Resources Development Board, as recommended, the
motion being seconded by Mr. Croft and unanimously carried.
10.x. City Clerk Worthing informed the Council that the old Pine
Ridge Cemetery had been practically all used and it had become ne-
cessary to plat additional grounds to the north. The plat of Pine
Ridge Cemetery, Unit A, was presented and the Council was informed
that the City Manager, Wade Cartee of the Parks Department and City
Clerk worthing recommended the acceptance of said plat.
Mr. Croft moved that the plat of Pine Ridge Cemetery, Unit A, be
~ approved as submitted. The motion was seconded by Mr. Barrow and
{ carried unanimously.
10.x. City Clerk Worthing. read the following letter from Attorney
carl G. Oezelschap, dated October 6th, 1964:
"Re: Beach Drive Nuisance.
I am writing this letter on behalf of Mr. and Mrs. John V.
Booth, re*idents on Beach DrfVe (Delray Isle), to.request
that you use your Offices and authority to abate a nuisance
to the residents and property owners on Beach Drive. The
sewer contractor doing the work along Andrews Avenue is
using the westerly extension of Beach Drive and a vacant
residential lot thereon in such a manner and at such times
as to be a disturbance, detriment, and nuisance to the
residents along Beach Drive.
It is requested that the, sewer contractor be directed not to
use a reSident£al lot on Beach Drive for dumping .and other
-1~- 10-12-64
"const~uc~ion' purposes, nor use Beach.Drive.as a h~
route= and it is requested that the sewer contractor be
direUted not to o~ra~% its e~ip~nt i~ this area ~prior
to 8 A.M,"
Said letter was unanimously referre~ to C~ty Manager'. Holland and
Pro~ect Manager Dan Neff on ~t~on by ~. ~oft and seconded by ~,
Barrow.
10.a. ~e following Bills for Approval ~re presented=
General Fu~ $ 119,021.90
Water- ~erat~g - ~ntenan~ ~Un~ 1,983.39
Water ReVenue ~nd 22,851.09
Special ~ust Account -
First National Bank of D.B. 41,743.62
Special Trust Ac~t -
~lray Beach ~onal Bank 49,138.78
Refundable Deposits Fund 2,661.47
Improvement ~nd 45.74
~e bills ~re unani~usly ordered paid on motion by ~. Barrow
and seconded by ~. Saunders.
~e meeting adjourned at 10:40 P.M. by order of Mayor Avery.
City Cierk
MAYOR ~
-12- 10-12-64
55~-A
CITY OF DELRAY BEACH
PALM BEACH COUNTY, FLORIDA
f.~WA~E WORKS PROJECT
Project No. 6964-8a
This Apreement entered into this twelfth day of
Oqtobe~ 1964 by and between the CIT~ OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, as part of the FIRST PART,
and POWELL BROTHERS, INC., Contractor, as party of the
SECOND PART, the same being a change or supplement, to a
certain contract by and between the parties aforesaid, dat-
ed 24 May 1963, for the construction of Sewage Works Project,
City of Delray Beach, Palm Beach Oounty, Florida.
~ITNESSETH:
1. ~HEP~AS, the party o/ the FIRST PART desires to
amend the contract to provide for payment for crushed stone
beddin9 material; and WHEREAS, this material was absolutely
necessary to provide a stable bed for the heavy outfall line
in the muck area East of the Intracoastal Waterway.
11. THEREFORE, the party of the SECOND PART agrees to
furnish all plant, labor materials and supplies necessary to
place this stone bedding where, and as directed by the Con-
sulting Engineers for the agreed price of Six (6) Dollars
per cubic yard. It is further agreed that a total of 118
cubic yards will be placed at a total cost of $708.00.
111. It is further agreed and understood that this
change shall not alter in any manner the force and effect of
the original contract dated 24 May 1963, and the same shall
s~and in full force a~d efJ'ec~
a~e~ded by ~his
Reoo~e~ged for Approval: POYELL BROTHERS, I,~C.
RUSSELL & ~XO,
CONSULTING ENGINEERS By
,oj,ct~nag,~ OIT~ OF
PALM BEACE COUNTY
/ttest: / DELRAY BEACh, FLORIDA
~pproved as to form:
CITY OF DELRAY BEACH
PALM BEACH COUNTY, FLORID.~
Project No. 59~4-8a
~NGE ORDER NO. 5
This Agreement entered in~o this twelfth da9, of
Oc'~ob~r 1964 by and between ~he CITY OF DELR~Y BEACH, PALM
BEACH COUNTY, FLORIDA, as pan~y of ~h~ FI~T PART, and
POWELL BROTHERS, INC., Con~aeton, as party of ~he 6~OOND
PART, the sa~s bs~9 a change or suppls~en~ ~o a certain con-
~rao~ by a~d be~wee~ ~he para,es aforesaid, da~ed 24 May 1963,
for
C~ty of Delnay Beach, Pal~ Beach County, Florida.
~/ I TNESSETH :
1. wHEREAS, the party of ihs FIRST PART desires
the aontract to reconcile ihs final ~uantities as constructed
with ~he Quantities as originally bid, and WffE~AS ~he final
constructed guantities are se~ forth in ~he final estimate
(Number 14), and ~HEREAS a discussion of the differences which
exis~ between the bid quan~i~ies and the aonstruoted
is a~aehed as Appendix No. 1 ~o ~his ahan~e order, and WHE~-
AS both Final Estimate No. 14 and Appendix No. i are an
~e~ral par~ of ~his ehan~e order, and ~'ffEREAS this ahan~e order,
when si~nsd by all par~ies thereto, constitutes final accept-
anus of all work carried out under ~h~s aon~rao~ by ~he
of Delnay Beach, Florida.
ll. THEREFORE, the party of the SECOND PART agrees that
~his final reconciliation change order supersedes any and all
556-D
previous correspondence or verbal agreements regarding de-
Ietions or additions to the scope of the work carried
under this contract dated May 24, 1965 for the construction
of a Sewerage Works Project 2ocated in the City of DeSray
Beach, Palm Beach County, Florida, and the party of the
SECOND PART further agrees that all quantities and prices
shown on the attached final estimate are correct, and that
the amount of Eighty Nine Thousand, Six ffundred and Sir
Dollars, and £ifty-seven cents $89,606.57, constitutes final
payment, including retainage, for all materials furnished
and work performed under this contract, all in accordance
with the terms of the original contract.
lll. It is further agreed and understood that this
change order shall not alter in any manner the ~aintenance,
and performance guaranties of the original contract dated
24 May 1963 and the same shall stand in full force and effect
in all respects.
Recommended for Approval: POWELL BROTHER$, INC.
RUSSELL & AXON.-. ~. .. Aco~ep ~ ~
Project ~aper CITY OF DELRAY BEACH
PALM BEACH COUNTY
BEACH,
FLORIDA
City Cl~r~ - / Ma~or
~pp~pved as to for~:
ity Attorne~ Oitp~anaper
TO CHANGE ORDER NO. 5
to Powell Bros. Contract.for construction of a Sewerage Works
Project ~n the City of Delray Beach, Palm Beach County, Florida.
1. Th~s Appendix discusses the major differences which
exist between the original bid quantities, and ~he final
tit~es as constructed under this Contract.
2. Item No. 148. This covers the 30" east iron pipe out-
f~ll line. This line overran in length by 136 ft. The reason
~s ~hst ~he easement throuph the ARVIDA property, east of the
Wa~er~aU, ao~zld not be obtained, a~d the line was rerouted
]acent to Atlantic A~enue. This item was not carried on
Order ~o. 3 as the exact increase in length could not be deter-
m~ned e~ that time. It became necessary to thread the line
through water ~ains, power lines, and storm sewers.
3. Item 150. This item, for a oaloe and box,
d~e to a change in design which actually improoed the strength
of the box at a decrease in cost.
Projec er
55~-~
CONTRACTOR'S RELEASE
Before mc, the undersigned authority in said County and State,
i appeared J.s. Powell, Jr. who, being first
duly
sworn,
~ deposes and s~ys that he is sec./Treas, of Powell Bros.. Inc. ,
a company and/or corporation authorized to do business Under the
laws of Florida, which is the contractor on 5964-8a
'(name of project)
located in City of .Delray Beap_~h, County of Palm Beacl½, Florida,
with the City of Delray Beach, dated the 12thday of _Q~
19 64
that %he said deponent is authorized to make this affidavit, and so
states as follows, "I certify, according to the best of my know-
ledge and belief, that the said contract has been complied with in
every particular by said contractor, that all work has been per-
formed and/or materials supplied in full'&ccordance with %he terms
and conditions of the contract; that there are no bills remaining
unpaid for labor, material, or otherwise, in connection with said
contract and work, and that there are no suits pending against %he
undersigned as contractor or anyone in connection With the work
done and materials furnished or otherwise under said contract.
Deponent further says that the final estimate which has been sub-
mit%ed to %he City simultaneously with the making of this affidavit
constitutes all claims and demands against the City on account of
said contract or otherwise~ and that acceptance of the sum specified
in said final estimate will operate as a full and final release and
discharge of the City from any further claims, demanGs or compen-
sation by contractor under the above contract. Deponent further
agrees that all guarantees under this contract shall start and be
in full force from the date of %his release as spelled out in the
contract documents."
~_. s. Powen. ~. ....
Secretary~Treasurer
Title
· Sworn to and suscribed to before me
this ~ day of~ 19..~/~ / /?
N~ Public, State of F~r;4.
~y Commission Expires ~,
I
~ ] r'. , ~ . J
I ' ~e~ ~oea~'~' .~Lis']~ ~'~e~ ~e C.O.
[ ~ ~ve V~tat I ~, J' i I
J. ,r "./' * ,. '
[ 2~ ~ &~/ 8~ '' ~ ~ ' · ~ ~ 100~ 5,20000 O
J / . ,~, ,~,~ . ~ , o
/j !~1. ~. ~ inet, ~r r~e '
~ ~',;. ~ ~. ~ v~t [ · '
~ ' ~ ,~ ~t, 7~7~ ~ ~ =,~ ~, ZOO~ ZZ,20CO0 c ZO,
e~e. al~ r~e, 7. S.~. .7.~r ~ ~'
-',. . .] 9 · 4 65, ~0 - 16 ~0
Solid Rock Ex.a.vati~n~ '~ ~. :::: ~:,' . ;.(? -::,,"~:: :,J~J Y:::'::- ',:' .,, ,.
lelllte' ' ~'~ .--,% %~ .~'.~1(it~r.?%~'t~-t .. ~fA~ '* ' 'e ~ ~;?f~ :~1~.~% ~1:' ~- ~ .....
1. 1' --15--63 '. S~S~. O¢ ~.r~ ~Om:.A~i. &~e;.
3. 2-10-64 ~letion of<'Bid.I~ems %147' ~ .
&149 ' AUdi~ionL0f revised
Items ~47 -47~'F~ 4~, 72~ O, ~;: 48,786
~ $56.00 ' '~ ~' 26,
Item ~149 -.*17~' Ft. ~128-~ O0 "'v2;2,'~00 '0~ (overrur
,,.4. 9-2 ~-64 ~ck ~d. (pipe, 'Line):~'ll8,,,; CY. ~,' 70~,0~) '" '~ 7~08 0~
* 175 ft. installed ' '
$ 753, 971.00
~t ~ti~e e~ ~ ~1~ T ~er'/ "; '" ' 741., 921.
~ ~t~t ~t ~ ~te ... · - , a . ~~'.,
~. ANALYSIS O~ ~ORE
$ 763, 809.28
eekM~e)
~e~: Mt et p~ ~ , 662,536.7~
~ ~ ~zl PA~T ......
Aeeo~l~ ~ tM ~et 'of my ~wl~ ~ ~ldet, I ee~Zi~ that '~l 1~ ~ ~ts u~ on,th4
~lati~s, ~8titutions,
t ~ part of ~ ~- ~ ~m?~t~ ~ M
PO~ELL
Oo~obev
556
~ON CERTAIN ~S LOCAT~ ~ SaID CI~ B~T~G
O~ ACTUAL C.~TB INC~ BY SA~ CI~ TO ACCO~LISH
S~H A~TE~ A~ ~ING ~E COST OF S~H A~TE~
T~ CI~ ~NA~ OF DE~Y ~OH, F~RIDA.
~S, t~ OitY Oouncil of the City of Delray Beach, ~
~deolame t~ existe~e of a ~ui'
s~ce' Upo~ ~er'ta~ X~- or p~ceXs of l~d, aescrib~ in a list sub-
mitted to t~m, for violation of ~ provisions of Ordin~ce ~-~7;
~S, pursuit to su~ decimation. ~e 0i~ 01e~k o~ said
0i~ did f~s~ each of ~e respective o~e~s of the lands deacri~d
in said list with a n0t~ce describing ~e ~e of ~e hula.ce
t~t they ~st aba~e said hula--ce wl~ thirty (30)days~ failing
in which the 0ity 0o~cil would have it done, ~d t~e cost thereof
would be levied as an assessment ~a~at sal~ property; amd
~B, the ~s her~i~ter n~d did fail and neglect to
abate the ~iaance e~sting upon ~e~ respective l~ds wtth~ the
time prescribed in said notice ~d Or~i~e ~-~7, ~d the City of
De~ay Beach was re~ui~ed to and did ente~ ~pon ~he following l~ds
and lnc~ costs in abating the hula.ce e~sting ~ereon as described
in'the ~esaid liat~ ~d
~, ~e 0ity ~er of the City of Delray ~each, has, p~-
au~t to said O~dinance G--~? ~d t~ City Oh~te~ submitted to the
0ity 0ouncil a ~eport ef t~ costs ~c~red In a~ti~ the hula--ce
aa ~oresaid, said ~eport ~dioati~ ~e costs per parcel of l~d
involved~
1, ~hat assessments in t~ individual ~o~ aS aho~ by ~e
report of ~e Oity ~ager of ~e 0it2 of Delray B~ch, involvi~ ~e
Oity~s cost of abating the af~esaid n~is~es upon ~e Iota ~
cels of l~d described ~ said report, a copy of ~l~ ia attache~
he. to ~d made a p~t hereof, ~e levied aga~st the p~cel~ ~ land
described on Said report ~d in the ~o~ta ~dicated the~eon~ Said
assessments ac levied shall be a lien ~on ~e respective ·
lots and pa~els of land described ~ said report, of ~e s~e
nature and to the a~ e~ten$ ~ the lien fo~ general cl~ ta~s and
shall be collectible In th~ s~e ~er ~d with the s~e penalties
~d ~de~ ~e a~e provtsio~ as to sale ~d foreclosure as city taxes
~e collectible.
; 2. ~at t~e O!~ 01~k of said 0i~ shall, as soon as possible
~te~ the effective date, ~eco~d a cert~ied copy of' t~. ~esOlution
~in t~ office of ~he O~rk of the Oi~uit Oo~t ~ and fo~ Palm ~each
Co~ty~ Florida, ~d a~all f~ish to eac~ of the owners n~e~ in
~pon said report a notice that t~ Ci~ ~ctl of the 0i~ of Del~ay
Beach, did, on the .13~h o~ July, 1~6~ '
orde~ ~e abatem~t o~ ~a :Cer~a~""n~X'~c~ .e~s~' em
'property ~d p~Operty ~ ~ving laird to abate such hula.ce,
within ~e 30 day pe~lo~ ~eupon it w~ abate~ by ~e 0try at
aho~ in said report an~ suc~ aasesa~nts shall be legal, valid ~
bimd~g obligatio~ ~on ~e pr~e~t2 against which said asaeas~nta
~e levied. This reaoluti~ shall bec~ effective 30 days f~om ~e
date of ~ion, ~d ~e aaseaa~nts contaimed herein ah~l ~ecome
due ~d payable ~t2 days ~ter ~e ~iling date of ~e notice of
said assessor, ~te~ which ~te~eat a~ll acc~e at the ~ate of
pe~ ~ on ~2 ~aid p~ti~n t~eof.
PA~ A~ AD0~ ~ ~sessX~ on ~e ._12th d~ of
October ,~--
COST ~.OF A,BATING NUISANCE UNDER ORDINANCE NO. G-147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
July 13th, 1964 list.
South 50 feet of North Gus & Lizzie Mae Trice $90.00
362 feet of West 135 feet
of Block 18.
North 50 feet of Sou~h Lucile Campbell $90.00
200 feet of West 135 feet
of Block 18.
556-J
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,
DELRAy BEACH, FLORIDA, IN "C-2 GENERAL COMMERCIAL
DISTRICT"~ AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1960".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLOR/DA =
~E.CTION 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned, and placed
in the "C-2 General Commercial District" as"defined by Chapter
29 of the Code of Ordinances of the City of Delray Beach, Florida,
to-wit:
LOTS 6,. 7 and 8, BLOCK 4, SOUTHRIDGE SUBDIVISION,
DELRAY BEACH, FLORIDA, ACCORDING TO PLAT BOOK 13
AT PAGE 38 ON FILE IN THE OFFICE OF THE CL~.RK OF
THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA.
SECTION ~.. That the Building Inspector of said City
shall upon the effective date of this Ordinance change the
Zoning Map of Delray Beach, Florida to conform with the pro-
visions of Section I hereof.
PASSED in regular session on the second and final
reading on this the 12th day of October , 1964.
....... IS/ AL,. C. AVERY
M~YOR
ATTE ST:
/s/R. o.
City Clerk
Pirst Reading September 14~ !964
Second Reading October !2, 1~64 ,
ORDINATE NO. 0-572.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DEI~AY BEACH LOTS 5, 6, ?, 9, 10, 11
end 12, SEACREST SUBDIVISION, WHICH LOTS ARE
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LOTS; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LOTS; AND PRO-
VIDING FOR THE ZONINO THEREOF.
WHEREAS, the owners, by their petition, said petition being
attache~ hereto and made a part hereof, have consented and given per-
mission for the annexation of said lots by the City of Delray Beach,
and
WHEREAS, the City of Delray Beach has heretofore been author-
ized 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 COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION. ~. That the City Council of the City of Delrsy
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described lots located in Palm Beach County, Florida,
which lie contiguous to said City, to-wit:
Lots 5, 6, 7, 9, 10, 11 and 12, Seacrest Subdivision,
per Plat Book 23, page 3, 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 de-
scribed lots, and said lots are hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the above identified lots in Seacrest Sub-
division are hereby declared to be in Zoning District R-1AA, as de-
fined by existing ordinances of the City of Delray Beach, Florida.
SECTION ,4- That the lots hereinabove described shall im-
mediately become subject to all of the franchises, privileges, 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.
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 portion.
Passed in regular session on the second and final reading
on this the 12th day of OctobeP~ 196~.
MAYOR
ATTEST ~
City Clerk
First Reading _September 28~ 19~4 Second Reading --October. ]2. 196k