12-18-64 DECEMBER 18, 1964.
A special meeting of the City Council of the City of Delray
Beach was held in the Council Chambers at 2:00 P.M., Friday, Decem-
ber 18th, 1964, with Mayor Al. C. Avery in the Chair, City Manager
Robert J. Holland, City Attorney John Ross Adams, and Councilmen
Emory J. Barrow, J. LeRoy. Croft, Jack L.'Saunders and George'Talbot,
Jr., being present.
Mayor Avery called the meeting to order and announced that same
had been called for the purpose of considering bids received, cover-
lng urgently needed repairs, within the Community Center building,
and for any other business that may come before the meeting.
Concerning bids on the Community Center building, City Clerk
Worthing reported to the Cduncil as follows: "Based upon specifi-
cations furnished, bids were solicited from six local contractors
for providing extensive and specific repairs to the Civic Center.
Only two bids were received, and they are as follows:
P. G. Herig $5°?36.00
Trieste Construction $5,800.00
It is the recommendation of the City Manager that award of contract
be made to the low bidder, in the amount of $5,736.00 subject to
Performance Bond being provided."
City Manager Holland informed the Council there had been no money
budgeted for such repairs at the. CommunityCenter, and money for same
would have to.~e transferred from the Contingency.Account.
City Attorney,Adams.pointed out.that the repairs covered in the
above bids do not concern the roof.of said building.
Following lengthy discussion, Mr. Talbot moved to sustain the
recommendation of the City Manager and award a contract in the amount
of $5,736.00 to Paul G. Herig, the low bidder, and that the-money be
transferred from the Contingency Fund, the motion being seconded by
Mr.. Croft.and unanimously carried.
Finance'DireCtor weber informed the Council that said money Would
be transferred from the Contingency Fund into Account. No. 910 750 420.
City Clerk Worthing reminded the Council that on November 23rd,
they referred to the ~lanning/ZOning Board the issue of Camper-
Trailers as related to the Trailer Ordinance No. G-505, and the Con-
tention of Mr. C. R. VanTreese that his camper-trailer did not fall
within the definition of trailers as set fOrth insaid ordinance.
City Clerk WOrthing then read the following Planning Board report:
"At the regular meeting of the Planning Board held at City
Hall on December lSth0 1964, the item of a'request from Mr.
C. R. Van Treese was read asking for an interpretation of
Ordinance No. G-505 as it wouId effect camper-trailer type
of equipment parked on private property. Mr. Van Treese
explained h~s position.and" feeling that this equip~.ent was
somewhat smallerand had a different use as compared.to.a
house trai!~r~or"mobi'le home.
The Board, after some discussion, unanimously approved to
recommend, to Coungil that no change or amendment to Ordi-
nance'G-505 be made. 'The reason being that from the phYSical
appearance there ~as no Way to distinguish the several differ-
ent types of equipment that would have to be defined if any
.change was made, and that for all intent and purpose the ordi-
nance should control this type of use in reside~tial areas.
The ordinance does not prohibit this type of equipment parked
in a garage or enclosure on private property."
i2'18-64 9g'~
636
City Clerk Worthing also reminded the Council that they had
directed the Planning/Zoning Board to study and comment on the
parking of trucks in residential zoned areas, and read the following
Planning Board report concerning same:
"At the regular meeting of the Planning Board held at City
Hall on December 15th, 1964, the item referred to the board
in regard to the parking of trucks in residential areas was
discussed and on a motion by Mr. Gent, seconded by Mr. Hanna,
it was unanimously approved to recommend to Council that the
City Attorney be instructed to draft an ordinance to prohibit
the parking in the open, of all trucks, trailerS, inoludi~g
boats and boat trailers, and horse vans or trailers in any
residential areas o.f the city."
Mr. Croft moved to sustain the recommendation of the Planning
Board in the first report read, concerning.types of trailers. The
motion was seconded by Mr. Talbot and carried unanimously.
Concerning the recommendation in the second Planning Board report,
Mr. Talbot informed the Council that Mr. Kenneth Jacobson, Chairman
of the Planning Board, said the parking of trailers had gotten out of
hand on the west coast of Florida, and it had been suggested that a
straw vote of the people be conducted concerning the recommended
ordinance.
Mayor Avery suggested that the City Attorney be instructed to
meet with the members of the Planning/Zoning Board, following which
meeting he would present to Council a proposed ordinance on same
which would be discussed in public, arriving at a final proposed
ordinance on which a straw vote of the people would be obtained. It
was so moved by Mr. Talbot, seconded by Mr. Barrow and unanimously
carried.
City Clerk Worthing reminded the Council that on November 9th,
they referred to the Planning/Zoning Board the request of the Church
of God ~n Prophesy for a permissive use, and read the following
Planning Board report:
"A public hearing was held on DeCember 15th, 1964 at 4:00
o'clock P.M~ in the City Hall to hear objections or approval
on a request for permissive use of Lots 25 and 26, Carver
Memorial Park, for a church. There were no objections. The
board unanimously recommended that tentative approval be given,
subject to a review of the plans and specifications for the
church building, and when all the parking requirements are
complied with."
The recommendation of the Planning/Zoning Board' was unanimously
sustained, on motion by Mr. Croft and seconded by Mr. Barrow
City Clerk Worthing reported to the Council as follows= "Mr. C.
H. Dodson acquired a ten acre tract of land in 1960, which lies be-
tween S. W. 8th & 10th Avenues and 2nd & 3rd Streets. Anticipating
development of the tract, and to obtain necessary location for utility
easement, the City obtained a 50 foot s~rip through the center of the
tract for right~of-way purposes at such time as S. W. 9th Avenue would
need to be extended t~ 3rd Street from its present terminal at 2nd
Street. Rather than being residentially developed, the Board of
Public Instruction of Palm Beach County is now negotiating for ~he
purchase of said land for school buildings, which purchase is contin-
gent upon abandonment of that dedicated 50 foot strip, which abandon-
ment is recommended by the City Manager2"
-2- 12-18-64
City Clerk worthing then presented . RESOLUTION NO. 1502.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAy BEACH, FLORIDA, ABANDONING A PORTION OF
SOUTHWEST NINTH AVENUE.
(Copy of Resolution No. 1502 is attached to the official copy
of these minutes.) (See Page 640-A)
It was pointed out that said Resolution authorizes the proper
officials to execute a quit-claim deed to the owners of the property
for said 50 foot strip, but with a reverter clause to take effect in
the event said pending sales transaction is not consummated within
six months from the date of ~aid deed.
City Clerk Worthing commented further: "However, there has been
an understanding in the City Manager's Office with the Superintendent
of the Public Instruction Board of Palm Beach County, its legal
counsel, and all parties involved, that they will provide a dedica-
tion of the west 25 feet of the property for eventual creation of
s. w. loth Avenue, as desired by the City Manager, and accept their
responsibility and proportionate share thereof, providing drainage
through this 10 acre tract of land, as was desired by the City Manager
and the City Engineer."
Resolution No. 1502 was unanimously passed and adopted on this
first reading on motion by Mr. Croft and seconded by Mr. Barrow.
City Clerk Wo'~thing presented the following letter from Milton-
Myers Post NO. 65 of the AmeriCan Legion, dated December 17th and
signed by Allan A. Wells, Adjutant:
"Milton-Myers Post No. 65, American Legion, respectfully
requestS'a permit from the City of Delray Beach to hold
a carnival during the week of Jan. 17-23, 1965.
The carnival would be located on the s~me grounds as
previously, behind Morley's Standard Service station
at S. W. 2nd Avenue and-~Atlantic Avenue. we have again
obtained the permission.of the landowner for this use.
The funds derived from this enterprise would be used for
the support of the Post and.its activities, we have for . .
many years sponsored the Little League Baseball activity~,
sent boys .to American Legion Boy's State at Tallahassee,
. sponsored patriotic observances, and spent~conSide.rable
time an~ money on veteran's affairs and the support of
local charities and organizations.
In view of the above, if the permit is granted, we would
also appreciate the waiver of the license fee.
The members would, appreciate your kind consideration of
our request."
Mayor Avery reminded the Council that the carnival conducted at
this location two years agoproved very successful with' the restric-
tions of'~cl~Sin~"h~u~s, noise, 'e~C.;~nd~ suggestad'that if'~'~is re-
quest wa.s,grant~d., .that it~e~s'ubje~t tothe same regulations.
Mr. 'Croft moved'to grant~per~ission f6~sa'id American Legion Post
to hold their carnivalas requested with waiver of the!icense fee,
on the same basisa~' it`was g~anted~tw6 years'ago and 'subject.to any
other regUlations that.the 'Cit~YMa~ager"m~y 'COnsid~r'.neCessary, 'such
as a deposit %0 insure t~e property being left in a satisfactory con-
dition, etc. The m°tion~a~'Se~0nd~d b~ 'Mr. ~'aund&rs and.carried
unanimously.
638
City Clerk Worthing read the following letter from Mrs. Margaret
Walsmith, dated December 10th:
"I am writing this letter for my mother Mrs. L. M. Taggert,
who since 1929 has owned the Towers Apartments, 401 N. E.
2nd Avenue.
Before October 1964 our garbage assessment was $2.00 per
month. Since October the assessment is $18.00 per month.
We understood that all assessments were to be doubled,
not multiplied by nine.
At preSent there is one apartment vacant and a total of
12 people in the others. There are three garbage cans on
each side of the apartments Which your truck can Pick up
with one stop. There are not garbage cans for each apart-
ment. It hardly seems consistent to charge the same
amount as servicing nine houses necessitating several truck
stops and much more time consuming for city labor.
I have discussed this with both Mr. Avery and Mr. Weber
who say that this was the vote of the council and must
be administered according to the letter of the law with-
out regard to any mitigating circumstances~
I realize that the city tax millage has been cut and for
other property that I own and pay taxes and water charges
on, this tax cut relieves the raise in garbage collection.
But for the Towers Apartments the reduction takes care of
only two and a half months of garbage collection increase.
These are not new or high rent apartments and this increase
is a definite hardship.
Please give this matter your sympathetic attention."
City Manager Holland said that Mrs. Taggart had been charged
improperlyunder the old setup.
Following discussion, Mr. Talbot moved that the letter be
referred to the City Manager and that he explain in detail, just
as he and the council know, just what the situation is as set by
Ordinance, the motion being seconded byMr. Croft.
Upon call of roll, Mr. Barrow, Mr. Croft, Mr. Saunders and Mr.
Talbot voted in favor of the motion, and Mayor Avery was opposed.
Mayor Avery said he did believe in abiding by the ordinance governing
same.
City Clerk Worthing presented the following petition, dated
December 3rd, and signed by all owners of liquor licenses within
the corporate limits of Delray Beach:
"As you may know, Delray Beach~as lost one of its most
successful and popular restaurant bar-lounges, this year.
Local owners and/or operators of restaurants and clubs now
are paying the highest license fees, and combating burdens
of high rentals and taxes for choice locations, plus con-
tending with exorbitantoperating costs which are becoming
almost prohibitive.
~ The undersigned businessmen' of Delray Beach feel that a
very real discrimination is being shown against them, by
restricting them from operating during the same business
hours as are permitted to restaurants, bar lounges and
-4- 12-18-64
639
"clubs in communities immediately to the north and south
of Delray.
we respectfully request your prompt consideration of year-
round extension of operating hours for restaurants, bar
lounges and clubs in Delray Beach, such hours to be extended
until 4 a.m. on week days, with opening hours on Sunday
beginning at 12 noon, so that we may contend with our compe-
tition in other communities on an equal basis, we feel this
request to be only fair and just."
It was stated that the bars in Boca Raton were permitted to
remain open untii 4:00 A.M. and the ones in Boynton to 3:00 A.M.
City ManagerHolland reported there had been no complaints last
year when the late closing hours of bars was in operation on a trial
basis, and that he would recommend an ordinance permitting the later
closing hour.
City Clerk Worthing presented ORDINANCE NO. G-582.
AN EMERGENCY ORDINANCE OF T~E CITY COUNCIL
OF THE CITY OF DELBAY BEACH, FLORIDA,
AMENDING ORDINANCE NO. G-125 CODIFIED AS
SEC. 4-4, CODE OF ORDINANCES, DELRAY BEACH,
FLORIDA, PERTAINING .TO THE HOURS OF SELLING
s WNG LCOHO£ 6 B V R GES IN
OF DELRAY BEACH.
(Copy of Ordinance No. G-582 is attached to the official copy of
these minutes.) (See Page 6~0-B)
Mr. Croft said that realizing the fact that the bar owners and
operators and the landlords of these properties do PaY a substantial
tax and license fee, he would move that the 'Request' be granted and
Emergency Ordinance No. G~582 be passed and adopted on this first
and finaI reading. Mayor Avery relinquished the Chair to Vice-Mayor
J. LeRoy Croft, and seconded the motion. Upon call of ro11, Mr.
Barrow, Mr. Croft, Mr. Talbot and Mayor. Avery voted in favor of [the
motion and Mr. Saunders was opposed.
City Manager Holland mentioned the installation of a traffic
light at S. E. 10th Street and 5th Avenue, and requested an appropri-
ation in the amount of $850.00; also an appropriation for a traffic
actuator in the amount of $395.00, both 'amounts to be transferred
from Contingency Fund No. 910 858 800 to the Traffic Engineering
Account No. 910 325 626.
The City Manager explained that he wanted ,to spilt.the lights at
N. E. 8th Street and'Second'Avenue and move one of them to AIA and
Casuarina Road, and 'the actuator~would regulate same, whidh would
eliminate buying another.light-.' Further, the light arS. E. lOth
Street and'Sth Avenue would have a regular'traffic light control box~
Mr. Talbot moved that the request be approved, and the money to
cover said purchases be transferred from the COntingency Fund, the
motion being seconded by Mr. Saunders and unanimously carried.
It was pointed out that there were some traffic lights provided
for in the budget, but this .was additional.expense and not so. pro-
vided.
City ManagerHolland informed the Council 'there were 3:50 to 400
old'cars still remaining in various parts of the City and that he had
made arrangements with .Boyd'S Body Shop to'dispose of' them,, if the
Council would approve of same, at a cost to~.t~e~ citY%of $10.00 each.
Further, the-people Who h~d ~greed to remov~the old cars for ~he
salvage did not desire to remove any more,of them 'as they could get
all they could take care of without coming th£s distance , as some
of the neighboring towns had passed ordina~ues similar to the one in
64o
effect in Delray Beach and were disposing of their junk cars in that
manner.
Mr. Saunders questioned the City being required to pay the $10.00
fee for removing cars from private property, and the City Attorney
said there would have to be an ordinance amendment if the property
owner was to be charged. It was also suggested that the weed ordi-
nance be amended to cover the removal of the junk cars.
City Attorney Adams said the wording of the agreementfor removal
of old cars could be changed so that a fee could be charged for same,
and it-would be assessed against the real estate if the owner failed
to pay.
During discussion, it was agreed that the City Attorney would
prepare ordinance amendments to both the'Junked vehicle ordinance
and the weed ordinance to cover ~the removal of junked vehicles, the
owner of same to be assessed the cost of removal.
Mr. Talbot Said he had received a phone call regarding the statUs
of spoil debris removal from Lot X, Block 14, seagate "A".
City Manager Holland reported that Mr. De Rice was expected in
town later this month, but there was work ~eing done on L~t X at'.this
time, and Attorney John Moore knows the spoil should be lowered to
two feet above the present sea wall.
Concerning the sea wall at the City Park, City Engineer Fleming
commented as follows: "Ihave followed C0uncilinstruction and pre-
pared plans to provide for.a sea wall on the right-of-way line from
1st Street to a point north of the existing lift station. From the
south end of the proposed sea wall north of the lift station, the
City will then take.over providing a riprap enbankment, a masonry
riprap revetment, which will protect the lift station from any scour-
ing action or wave action. I intend to put these prepared plans out
for bids, the contractor making a design on two structures, one being
a sea wall on the right-of~way line with a timber'.structure on piling
extending. Out into the Intracoastal WaterWay. This, I think, will be
permissible asa temporarystructure. The other iS a higher sea wall
constructed directly on the right-of-way line, a vertical sea wall
with precast sheeting."
Mayor Avery informed the Councilthere were two representatives
from the Standard Oil Company'in town due to the grand opening of. one
of their filling stations .on N. E. 5th Avenue and 4th street, and
that Mr. Wheeler is requesting a permit from the. Council to continue
with the banners until Saturday night.
Said request was unanimously granted On'motion by Mr. Saunders
and seconded by Mr. Talbot.
Mr. Wheeler of the Standard Oil Company informe~ the Council that
they were very'appreciative of the courtesies extended them and of
being a part of Delray Beach'. Mr. Wheeler Suggested that the Council
might desire to place a fee for such a special permit for banners as
was just granted his company for their grand opening of the business,
as he felt any company or individual would be willing to pay a fee.
for such a privilege.
'Mayor Avery asked City Manager Holland to take this suggestion
under abeyance and present a recommendation to the Council concerning
same if he feels it has merit·
Mayor Avery informed the Council that Lake Lytal wants to know if
they will donate money for sending the'Forest Hill High School band
to the Inauguration Parade in Tallahassee. Mayor Avery reminded the
Council that the Seacrest Band was turned down when they requested a
donation last year, as the money for same had not been budgeted, and
this request should be treated the same.
Mr. Saunders moved that this request be denied with regret, and
the reason for sams made known to Mr. Lytal, the. motion being second-
ed by Mr. Barrow and unanimously carried, The meeting adjourned
at 3:10 P~ ord~ M~.
~ ~-~u~ R.D. WORTHING
· M' A Y O R'- -~ . . City Clerk
640-A
~ESOLUTION NO. 1502.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL~AY BEACH, FLORIDA, ABANDONING
A PORTION OF SOUTHWEST NINTH AVENUE.
- WHEREAS, Louisa D. Meade and Ellen D. Wightman, the
owners of the hereinafter described real property, have made appli-
cation to the City Council of the City of Delray Eeach, Florida, to
abandon any interest the City may have in and to said property, and
~IEREAS, the property was originally acquired by the
City from the above ~wners for road right-of-way purposes~ and
WHEREAS, the owners have a pending sales contract with
the Bosrd of Public Instruction of Palm Beach County, Florida,
which, if consummated, will eliminate the necessity of this road
r ight-o f-way;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
SECTION ~. That pursuant to Section Seven (?), Para-
graph three (3) of the Charter for the City of Delra¥ Beach,
Florida, we hereby abandon any title and interest in the following
described property=
The West twenty-five (25) feet of the E~
of the NE% of the SE% of the SW% of Section
17, Township 46 South, Range 43 East; AND
the East twenty-five (25} feet of the W% of
the N~% of the SE% of the SW% of Section
Town~hip 46 South, Range 43 East LESS the
existing rights-~f-way of recor~ as recorded
in the Public Records of Palm BeachCounty,
Florida.
SECT. ION 2. That the appropriate City Officials are
hereby authorized to execute a Ouit-Claim Deed to the aforesaid
owners, however, said deed to contain a reverter clause to take
effect in the event said pending sales transaction is not con-
summated within six (6) months from the date of said deed.
PASSED AND ADOPTED in special session on this the 18th
day of December, 1964.
/s/ AL. C. AVERY
MAYOR
ATTEST:
.......
City Clerk'
ORDINANCE NO. G-582.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DELBAY BEACH, FLORIDA,
AMENDING ORDINANCE NO. G-125 CODIFIED AS
SEC. 4-4, CODE OF ORDINANCES, DELRAY BEACH,
FLORIDA, PERTAINING TO THE HOURS OF SELLING
AND SERVING ALCOHOLIC BEVERAGES IN THE CITY
OF DELRAY BEACH.
WHEREAS, Section 4-4, of the Code of Ordinances of
this City makes it unlawful for any person to sell, serve,
consume, or deliver alcoholic beverages over 1% by weight
between the hours of 2:00 o'clock A.M. to 2:00 P.M. on
Sundays; 12:01 o'clock A.M. to 7:00 o'clock A.M. on Mondays:
and 2:00 o'clock A.M. to 7:00 o'clock A.M. on Tuesdays through
Saturdays; and
WHEREAS, it has been brought to the attention of the
City Council that the legal hours of sale in Boca Raton and
Boynton Beach are considerably more liberal; and
WHEREAS, all bar owners in Delray Beach have informed
the City Council that their businesses are at a competitive
disadvantage to similar establishments in our neighboring
cities, and the local bar owners have requested that the
Iegal hours of sale be extended in this City:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Secti°n 4-4 Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to reed as
follows:
"It shall be unlawful for any person to sell, serve,
consume or deliver or permit to be sold, consumed, served or
delivered any alcoholic beverage containing over one percent
of alcohol by weight, in the City during the following hours:
(a} From 4:00 o'clock A. M. to 12:01 o'clock
P.M. on Sundays, and 4:00 o'clock A.M.
to 7:00 o'clock A.M. on Mondays through
Saturdays.
(b) While the polls are open on any general,
special or primary election day, either
state, county or municipal."
PASSED and ADOPTED this 18th day of December, 1964,
to ~e effective immediately.
/s/ AL. (~. A,VE~ ............ MA YOR
ATTEST:
City Clerk
613
DECEMBER 14, 1964.
A regular meeting of the city Council of Delray Beach was
held in the Council Chambers at 8=00 P.M., with Mayor Al. 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. An opening prayer was. delivered by the Rev. Rudolph J. Keyl.
1.a. The Pledge of Allegiance to the Flag of the United States
of America was given.
Mayor Avery commented on what Christmas means and should
mean in a person's life, and together with the Council, City Ad-
ministration and City personnel, wished all the people in the
community a very Merry Christmas.
2. The minutes of the regular meeting of November 23rd and
special meetings of November 18th, 27th and December 2nd were
unanimously approved, On motion by Mr. Croft and seconded by Mr.
Talbot.
3. Mr. Thomas Bruder, 707 S. E. 4th Avenue, a long time resi-
dent of Delray Beach at that address,.complained about a large
construction truck loaded'with construction materials, etc, being
parked across the street from his property in a resi~ential area~
that the truck was parked there every night .and on Sundays and
holidays, was very unsightly, and, he felt, depreciated the prop-
erty in that area. Mr. Bruder said he had taken this item up with
Mayor Avery, members of the Council, Beautification Committee,
Chamber of Commerce, and the Board of Realtors.
Mr. Bruder informed the Council he had a letter from the
Mayor of Boca Raton, and quoted from same, as follows= "We do not
permit business in or from a home in a residential area. we do
not permit the parking of trucks in residential areas. We ~o not
permit the storage of boats, except in the rear of a house or in a
carport, in residential areas."
Mr. Bruder said if there was not an ordinance in effect in
Delray Beach at this time prohibiting trucks from parking in resi-
dential areas, that such an ordinance be adopted as said parking
reduced valuations of property.
City Manager Holland reported he had investigated this
matter, and under the present City ordinances, there is no viola-
tionl further, there is no business being carried on at that loca-
tion. The truck is just used as a means of transportation for an
employee of Mr. M. A. Rogers.
The City Manager reported he had also investigated a com-
plaint made about Mr. ltarold J. Day, 614 S. E. 5th Avenue, concern-
ing the operation arpt parking of a truck used in his business, and
that he finds no violation concerning that complaint, under .the
present ordinance.
Following lengthy discussion an6 comments, Mr. Saunders
moved %hat this request for an ordinance prohibiting parking of
trucks in a residential area be referred to the Planning Board for
their recommendation, the motion being seconded by Mr. Talbot and
unanimously carried.
It was reported that the Planning Board would hold their
regular monthly meeting tomorrow, December 15th.
3. Mr. Ralph Reno, 127 S. E. ?th Avenue, a member of the Senior
Citizen Group, Schuffleboard Club and American Legion, informed the
Council that he had an idea for the good of the public, but did
not know if the idea has merit from the standpoint of the City.
12-14-64
Mr. Reno said he had observed that the'sidewalks in various parts
of the City are in bad repair, and in many areas there are no side-
walks, and suggested if the cost of sidewalks was reasonable, that
new ones be built and the old ones repaired. Mr. Reno asked about
the poasibilityof using blacktop for sidewalk construction.
City Manager Holland informed the.Council that he would not
recommend blacktop or asphalt for sidewalks.
City Engineer Fleming said the difficulty with an asphalt
sidewalk is that a prepared rock base has to be put underneath it,
it is difficult to install in a small area and further, it is not
self-containing such asconcrete and the edges tend to crumble if it
is not contained in some type of a form, and the cost of installation
of a blacktop sidewalk would be comparable to a concrete sidewalk.
Mayor Avery thanked Mr. Reno for his suggestion and concern,
and stated that he felt the Council of 1965 would give consideration
to the problem of sidewalks as that had been a campaign issue of a
candidate for Council prior to the December 1, 1964 General Election.
3. Mr. Edwin L. Traver, 243 Dixie Boulevard, said he felt there
should be some consideration given tO continuing the sidewalk on to
the street at intersections, rather than a person having to walk
in the sand for some few feet between the end of the sidewalk and
the pavement; further, some of the intersections on N. E. 2nd Avenue
in the vicinity of the Post Office had been fixed very satisfactorily.
3. Mr. E. P. Scherer, 88 South Ocean Boulevard,- referred to a
letter he had written to the Councilon December 6th regarding what
he considers a discrepancy in the billing of garbage and trash, and
said he feels the present system is very unfair to the apartment
owners who rent seasonally on a short term rental.
During lengthy discussion, Mr. Croft said the intent had been
to put the garbage and trash departments on a self-sustaining basis,
rather than the levy of a tax millage to the overall owners of real
estate for these services, and if there are inequities in the pre-
sent plan we must have someone show us'what the inequities are.
Mayor Avery commented as follows: "Would you care to make
a motion that Finance Director Weber, through the City Manager,
institute studies of the possibilities of inequities and come to us
with a suggestion for the solution thereof." Mr. Croft so moved,
the motion being seconded by Mr. Saunders and unanimously carried.
3. Mr. M~. A. Fitzgerald 355 N. E. 7th Avenue, informed the
Council that he had presented a petition to a City official this
evening, requesting relief from the traffic on N. E. 4th street and
asking for the opening of that part of N. Eo 5th Street lying be-
tween N. E. 6th and 7th Avenues.
Mayor Avery stated there was a request for abandonment of
that portion of N. E. 5th Street lying between N. E. 6th and 7th
Avenues on the agenda-tonight; further, he would entertain a motion
that this petition for opening the portion of Sth Street be included
on the agenda at the time the request for abandonment of said portion
of N. E. 5th Street is considered. It was so moved by Mr. Talbot,
seconded by Mr. Saunders andunanimously carried.
4. Mr. Croft read the Beautification Committee meeting minutes of
December .3rd, 1964, and the items of said minutes that required
Council action or discussion are as follows:
"1, Mr. Merritt requested a change in last month's minutes
re: dogs on the beach area to read that BOTH the Beach
superintendent andpolice be notified to enforce the
ordinance.
2. The Chairman reported that five days after Mr. Bingham's
'watch-dog' report had been presented to the City Manager,
-2- 12-14-64
"a written report was received assuring us that all points
of the report had been taken care of. Mr. Merritt moved
that a letter be sent to Mr. Holland, commending him on
the fast action taken on our initial list. Seconded by
Mrs. Plume and carried.
3. Mr. Lankton explained the map marked with 'watch-dog'
areas, which .the secretary will keep.~ A discussion
followed on certain problem areas which will be noted in
the report of the person watching over that area. Mrs.
Bowen also distributed letters and memos concerning com-
plaints and problems to the'watch-dog' of the area
concerned.
5. Mr. Cartee reported that bids on the cemetery entrance
had been received, contracts awarded and work orders sent
out. The Committee wished to know if there is more that
this committee can do to get work started. (Action from
City Manager}
6. As.stated in the minutes of February, 1962, and again
in 1963, this committee is very much in favor of erecting
a sea wall at the City Park on the Intracoastal, and will
support the Council in every effort to acquire one.
8.' .Mrs. Bowen reported that representatives of the F. E.
C. RailWay met with Mr. Woodard and she met with Mr.
Cartee, to discuss the beautification of Atlantic Avenue
at the railroad. Another lease or contract, safeguarding
any planting, must come from the FEC before we may proceed.
11. Mrs. Bowen described the plans for Christmas decorations
and lighting in the City. The trees at the north and south
entrances have been trimmed and are ready for Christmas
lights. The committee was pleased to hear of the Christmas
tree to be erected by the Zonta Club and the lighting
ceremony which is planned.
14. Mr. Lankton moved that this committee recommend to the
Council that the three members whose terms expire January
1, 1965 (Smith, Merritt and Little) be reappointed for
another term. Mr. Gooder seconded the motion and it was
carried. (Council action requested)
15. Mr. Lankton reported that all of Lake Ida has become
a swamp of overgrown weeds. It is requested that the
Council ask the County what can be done. The secretary
will ask Mr. George Warren to report at our next meeting
and explain what progress has been made. (Council action)
16. In a statement by Mr. Bingham, he praised our town
for its low taxes and its good service - particularly the
low garbage collection uosts. However, he urged us to
strive for sidewalks and curbs on our City streets and
suggested that some action'be taken to attain smooth
railroad crossings."
Concerning paragraph 1, Mayor Avery asked if the Beach Super-
intendent and the police had been notified to enforce the ordinance
concerning dogs on the beach, to which City Manager Holland said
they were reminded frequently.
Concerning paragraphs 2 and 3, Mr. Croft explained that the
"watch-dog" reports concern the cleanup program and beautification
over the~City.
~3- · 12-14-64
City Clerk Worthing read the following letter from the
Beautification Committee to City Manager Holland, dated December
8th=
"The Beautification Committee wishes to commend you on
the prompt action taken by you on our initial list of
problem spots observed in one of our 'watch-dog' areas.
It gives us a feeling of.great satisfaction and pleasure
to have this kind of cooperation from you and the Council."
Concerning paragraph 5, the City Manager reported that he
would contact the person again who had the contract on the cemetery
entrance work..
Concerning paragraph 6, Mayor Avery asked Mr. Talbot to make
a report concerning the proposed sea wall at the City Park, and Mr.
Talbot reported as follows= "Since the matter of the sea wall has
been mentioned in this Beautification report, I would like to report
to the Council and also to the public0 and remind them that City
Engineer Mark Fleming was instructed to contact certain contractors
with the idea of receiving bids on a sea wall to go along the east
side of the. City,Park for the protection of the park and also the
master lift station. In preparing preliminary specifications, how-
ever,. I might add that we were going to let the contractors come in
with their own specifications and have them checked by the City
Engineer, but Mr. Fleming found that there was a certain point where
this sea wall could be established; namely on the west side of the
right-of-way o~ the Canal, which is 300 feet from the east bank. Mr.
Fleming thought this was a deterring factor and consequently, he
surveyed it and placed a row of stakes with flags on them from the
Atlantic Avenue bridge north to 1st Street. I don't know how many
of the Councilmen have observed it, but I observed it Sunday, and in
my opinion, there is no deterring factor, that we are not losing'any
great amount of the City Park. We.were also advised by Col. Schull
of the F.I.N.D. that any matter of getting out into the right-of-way
of the Canal would have to be originated by him and he under no means
would recommend the City encroaching.on theright-of-way of the in-
land waterway. It looks to me that the placement of this sea wall
where we must place it'because of the right-of-way of the inland
waterway is not a deterring factor, and since Mr. Fleming has been
holding up on that account, I would !ike for him to be given in-
structions to proceed with obtaining his bids, locating the sea wall
on the right-of-way as established by the Army Engineers, and indi-
cated by the surveyor's stakes that he has established. That is a
motion." The motion was seconded by Mr. Saunders.
During discussion, Mayor Avery. asked the City Engineer for
his thinking concerning the specifications of the sea wall and any
problems pertaining thereto, and City Engineer Fleming commented as
follows: "I would put out a general set ofspecifications, outlining
in general what the City wants, what they desire, and leave the de-
tailed structural design to the bidder, with the thought that he
could, bidding on his own design, possibly give a lower bid than if
I designed the complete structure.. There area few decisions that
should be made; for instance, where the south end of the wall will
come. We can't bring it clear to Atlantic Avenue due to the master
lift station and a large row of Royal palm trees there which would
be destroyed."
Mayor Avery said that Royal palm trees movesuccessfully and
asked the City Engineer to include the moving of same in his solici-
tation of bids.
City Engineer Fleming asked if the wall could stop north of
the master lift station. Otherwise, it would go through some of the
paved area that was needed; further, that the right-of-way line comes
within a .few feet of the 1irt station building. Mr. Talbot said the
City Engineer should proceed with his own idea on that point, as
small ramifications could always be adjusted, if necessarY.
-4- 12-14-64
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County and the chemical would be 'injected into the lake biannually.
4.ao A roll call showed the following Civic organizations and
representatives to be in attendances
Tropic Isle Civic Association Mr. William Mudge
Jaycees Mr. Robert B. Perkins
Breezy Ridge Estates Mr. John Sword
5. City Clerk Worthing reminded the Council of an invitation
from the City of Boca Raton to the dedication program of the Munici-
pal Court and Police Station, December 19th at 10=30 A.M., with open
house until 2:00 P.M.
5. City Clerk worthing read the following Resolution from the
Florida Junior Chamber of Commerce:
RESOLUTION
WHEREAS, we as Jaycees are interested in the efficient
operation of all departments in the City of
Delray Beach and,
WHEREAS, we as taxpayers are determined to receive full
value for our tax dollar and,
WHEREAS, we as Jaycees and as taxpayers feel that to
remove temptation is in the best interest of
city employees and to improve ~ur over-all
method of operation is in the best interest
of all our .citizens, now,
THEREFORE, be it resolved that the Delray Beach Jaycees
do recommend to the Delray Beach city council
the establishment of a motor pool for al! city
owned vehicles, except those of emergency and
"on call" status, and that said pooled vehicles
be disbursed each day on a sign out-sign in
basis with all vehicles returned to the pool
at the end of each day and, be it further re-
solved that no privately owned vehicle shall
be maintained or supported in any manner by
the City of Delray Beach unless said vehicle
is used for official city business only.
Passed in open and regular session of the Delray Beach
Junior Chamber of Commerce this 99h day of December ,
1964.
Mayor Avery said this resolution from the Jaycees is a con-
structive suggestion to the City of Delray Beach, attempting to im-
prove its efficiency, and that it was obvious that the City would
conduct a feasibility study, and continued: "I think this is the
desire of the. individual Jaycees I have.spoken with, that a study
be made as to the feasibility of this and other motor maintenance
and operation problems. However, since the Council of next year
will have to act on the findings of such a committee, it is only
proper that the Council of next year appoint that committee, and
with your permission,..I will direct the City Clerk to place the
appointment of this committee on the agenda for the first regular
meeting of January. I ask the Councilmen to, in the meanwhile,
give consideration as to the makeup of this Committee, its size, and
the people you wish on it." Mayor Avery asked that this suggestion
be relayed to Mr. James H. Jurney, the newly elected Councilman, in
order that he may also be considering this item.
-6- 12-14-64
Mr. Croft said he felt there should be serious consideration
given concerning the men appointed to such a committee, and sug-
gested that the committee be made up of some of the civic leaders
and taxpaying citizens, as well as representatives of the City, and
that this item be given a thorough study, and he so moved, the motion
being seconded by Mr. Talbot and unanimously carried.
5. City Clerk Worthing read the following letter submitted by
R. A. Hughson, as spokesman for a majority of the City employees:
"We, the employees of the City, wish to express our
sincere thanks and gratefulness to this Council and
to the entire committee for the untiring efforts and
successful adoption of the city employees pension plan.
We are very grateful for the added security to ourselves
and heirs, that this plan will extend to us."
5. City Clerk Worthing read the following letter from S. B.
Wade, 1209 East Atlantic Avenue, Delray Beach, dated December 11th:
"In making application for an Occupational License for
the City of Delray Beach for a Mortgage Broker, I was
surprised to find that the annual license fee for this
category is $100. In my opinion this fee is not only
exorbitant but out of line with other.similar brokerage
fees.
The d~ties of theMortgage Broker is simply to bring the
Lender and the Borrower together and if a loan is nego-
tiated the Broker receives a'commission% A Mortgage Broker
does not handle the moneys invOlved nor does he service the
loan such as is done by a Mortgage Broker.
I have 'checked other municipalities in this area for their
charge for an Occupational License for Mortgage Brokers
with the following results:
Boynton Beach - $25.00 Highland Beach - $25.00
Boca Raton - 50.00 Briny Breezes - No Chge.
Ocean Ridge 35.00 Palm Beach County- 37.75
I respectfully petition your Council with this letter to es-
tablish a fee of $25.00 for a Mortgage Broker. Unless I can
get this relief my Florida license will be cancelled or I
will have to establish my office in one of the above commun-
ities.
In the meantime I am suspending my Mortgage Broker activity
until I receive your decision. Therefore I would sincerely
appreciate your favorable consideration.and quickest possible
action."
Mayor Avery suggested this item be referred to City Clerk
Worthing and he be given the authority to make changes, if any, which,
in his analysis, are indicated, and report to Council his final action.
City Clerk Worthing reminded the Council that a Council ap-
pointed committee is making an overall study of Chapter 16 of the
Code of Ordinances and an overall proposal of adjustment to said
chapter would be submitted to the Council when .it is completed.
Mayor Avery asked City ClerkWorthing to inform Mr. Wade that
a study is being made, and that he will be informed as soon as it is
completed.
5. Cit~ Clerk Worthing read the following letter from Mr. W. H.
MacDowell, Chairman of the Chamber of COmmerce Christmas Lighting
-7- 12-14-64
6~o
Committee, dated~September 9th=
"I wish. to take this opportunity to thank the members
of the City Council for the cooperation we received
from City Manager, Bob Holland, and all of ~is person-
ne1, who assisted us in placing our Christmas lights
in operation for this season.
The response to our request for assistance was im-
mediate and enthusiastic, and we could not ask for
more cooperation.
Merry Christmas to all of you."
5. City Clerk Worthing read the following letter to City Manager
Holland from the ~lpha Kappa Alpha SororitY, signed by Mrs. H. Ruth
Pompey, dated December lst=
"May I on behalf of the Delray Beach Me~bersof Alpha
~appa Alpha Sorority, express my sincere appreciation
to you for making it possible'for us to use the Catherine
E. Strong Community Center last Sunday to entertain the
junior and senior girls of Carver High'School in a
~Cultural HourJ. We feel 'that the program was a huge
success and the beautifUl site has as much to do with
its~success as the program itself.
We have other cultural activities planned for the future
and hope that..it will again be possible to use this
facility.
Toby Ware was most cooperative in making our program
successful. You may convey our feelings to him also."
5. City Clerk Worthing read the following letter to City Manager
Holland from the Cason Memorial Methodist Church, dated December
"Just a note to let you know that we appreciate the paving
of the alley which separates our church property.
Not only does it make for easier driving but it helps to
improve the appearance Of all the prOPerty~
I feel sure that all the members will feel the same as I do
about this improvement.
May the richest blessings of the Christmas Season abide
with YOu and all city employees."
5. MayorAvery announced that a group of people ~n this area
from Lake Geneva, Wisconsin had found out that their Badger High
School Band would take part in the Orange Bowl Para~e, and hag ma~e
arrangements for said band to stop and stay in Delray Beach. Mayor
Avery then read the following ~RO~L~MATION
WHEREAS, each year many residents of the State of wisconsin
enjoy their vacations in Delray Beach, and
~6EREAS, a large numberof these visitors also select Delray
Beach as either their place of business or' retirement, becoming re-
sidents of this city, and
WHEP~AS, these fine people a~d immeasurably in keeping
Delray Beach a wonderful place in which to live through their
participation in civic, fraternal and religious gro.ups, and
-8- 12-14-64
WHEREAS, the Badger High SchoOl Band, Lake Geneva, Wisconsin,
will be in Delray Beach on the 30th day of December, 1964, and will
parade along Atlantic Avenue to the City Park where they will
participate in a ceremony,
THEREFORE, I, AL. Co Avery, Mayor of the City of Delray
Beach, FIorida, do proclaim December 30, 1964 "Wisconsin Day" in
appreciation of these outstanding people from the great state of
Wisconsin, and urge all citizens of the community to welcome the
members of the Badger High School Band in further celebration of
this momentous day.
Dated this day of December, 1964.
Mr. E. A. Traver, 245 Dixie Boulevard, said there had been
superb cooperationby the Mayor, City Manager and Chamber of Commerce
toward this project, and said he felt this may bring more people to
Delray Beach, and more people from Delray Beach may visit Wisconsin.
Mr. Traver said this Wisconsin Day would be publicized from Fort
Lauderdale to west Palm Beach, and there would be approximately 86
individuals in the band accompanied by approximately 60 to 70 parents.
He also outlined some of the activities and programs, and thanked
the City for their cooperation and the use of city facilities.
Mayor Avery said that the Chamber of Commerce would call
people living in Delray Beach %ha~ are from Wisconsin and that he
would meet with those' pe0ple and any other people from Wisconsin, at
the City'Ha11 at 5:00 P.M., Wednesday, December 16th, for the pur-
pose of helping the Chamber of Commerce and the people from Wisconsin
to make a very successful "Wisconsin Day".
5.a. Mr. Saunders said that approximately a month ago, Mr. George
Stewart of 823 N. E. 1st Court had complained_about an undesirable
drainage condition in his area as a result of sanitary sewer in-
stallation and improper replacement of the resurfacing of the street,
and that Mr. Stewart had called him this evening and said nothing
had been done to correct the situation.
Mr. D. R. Neff, Project Manager for Russell & Axon, explained
as follows= "I know the gentleman very well. We have.built a drive-
way for him and we have improved the area leading onto the Inland
Waterway. The complaint had reference to a few irregularities in
First Court. There is still a little paving to be done yet and
it will be done within the next week or ten days, before we close out.
Barbarossa's contract."
Mr. Saunders asked if the Council had Mr. Nell's assurance on
that, to which Mr. Neff assured them they did.
5.a. Mr. Talbot reported that the Annual Meeting of the Florida
Shore and Beach Preservation Association, held in Delray Beach last
Friday and Saturday, had been a very worthwhile meeting.
Mr. Talbot said that Dr. Per Bruun, a world authority on
beach erosion, had attended the meeting in Delray Beach, and con-
tinued as follows: "The point of my remarks is that I took the
privilege of conferring with Mr. Harold Radcliffe, President of the
Glace Engineering Corporation, with whom we have a contract for
preliminary survey of our beach erosion problem, along with Dr. Per
Bruun. It is usual that when a contract is given to an engineering
concern, if the client, such as Delray Beach, wishes, they will in
turn confer with Dr. Bruun, who is a state-wide and world-wide
authority. As I. understand, Dr. Bruun's compensation comes from both
the stateandthe government. He must~charge a fee for such services.
I talked with Mr..Radcliffe and Dr. Bruun and they agree that if the
Council saw fit, before they finalize their plans and recommendations,
they will set forth.in their preliminary report that Glace Engi-
neering contact Dr. Bruun to see what.kind of a fee will be necessary
for him to review~ as consultant, everything that .they have done to
622
"date, plus a re~n~ation. Of course, we would know in advance
what that fee .wo~.~ be, and then if he has some suggestions or
changes or additional matter, such as using dyed sand. in getting
the drift of the sand, it could be done. We could either use those
services or not. If the Council so approves, since I have had a
personal conversation with both of them, I would be glad to get
together with whoever the City Manager might wish, and confirm the
approval of this arrangement to both of these gentlemen."
Mayor Avery asked Mt. Talbot, as Chairman of the Beach Erosion
Committee, if he recommended such approval be given, to which Mr.
Talbot said that it was his recommendation.
Mayor Avery said he would entertain a motion that Mr. Talbot
be authorized to move as recommended. Mr. Saunders said that would
give the City a double guarantee and that he would so move. The
motion was seconded by Mr. croft and'carried unanimously.
5.a. Mr. Talbot thanked the City Manager and.his administration
for setting up such a good working committee and handling the out of
town guests that attended the Erosion Association meeting. He said
the City was complimented highly on the courtesies extended and the
way things were pla~ned~ further, that following the welcome speech
by Mayor Avery at the luncheon hosted by the City, a representative
from Clearwater in his reply and acceptance made particular mention
of the welcome spirit that prevailed in Delray Beach, along with a
compliment to a policeman who had so courteously assisted him.
5.a. Mr. Talbot asked City Manager Holland if Lot X, Block 14,
Seagate "A" had been brought dow~ to the grade established by the
City Engineer, concerning abatement of a nuisance caused by an
accumulation of debris and spoil.
City Manager Holland said Lot X had been checked this after-
noon and it had not been brought down to.the established grade.
Mr. Talbot asked the City Attorney what the next procedure
would be, and City Attorney Adams informed the Council that he would
sit in with the City Manager and City Prosecutor if it was desired.
Following discussion, Mr. Talbot moved that the City Manager
be instructed to have the City Prosecutor prosecute the case as of
tomorrow, to see what fine can be set up and established until the
lot in question has been brought down to grade. The motion was
seconded by Mr. Barrow.
During discussion, Mr. Saunders asked if Attorney John Moore,
representing Mr. Frank De Rice, knew that the property had not been
brought down to grade. City Manager Holland said that Mr. Moore had
been advised by telephone and mail of the grade established by City
Engineer Fleming.
Mr. Croft further questioned whether or not Attorney Moore
definitely knewof the established grade and City Engineer Fleming
informed the Council as follows: "Mr. Moore was~notified by letter
as to the elevation which was approved by the City Engineer. He
later phoned me, questioning the elevation and I confirmed it, and
he seemed to accept it. He has not been notified, as of the 13th,
that it is not down to grade.,'.
Upon call of roll that said case be prosecuted, the motion
carried unanimously.
5.a. Mr... Talbot reminded the Councilthat under date of December
2nd, Mr° Woodard had forwarded to them the answer from Col. Parfitt,
District Chief, U. S. Army Corps of Engineers in Jacksonville,
relative to the 1962 River and Harbor ACt, that Mr. Woodard had
asked for information as to how. he would pursue further. Mr. Talbot
suggested that this same information be sent to Mr. Harold Radcliffe,
President of Glace Engineering Corporation, as he believes this comes
under the scope of their work, to contact and carry through and see
just what can be done in the way of Federal funds and the proper
procedure to go about obtaining same, an~ that he would so move. The
motion was seco~ by Mr. Cxoft and carried unanimously.
-10- 12-14-64
623
5.a. Mayor Avery complimented Mr. Talbot and the Beach Erosion
Comm~.etee on the wonderful work they are doing,' also for bringing the
Annual Florida Shore and Beach Preservation ~ssociation Conference
to Delray Beach.
Mayor Avery alSO commended City Manager Holland for being a
good host for the Beach Erosion Convention, and asked that the City
Manager Convey to City Engineer Fleming, Mr. O. W. Woodard, Jr.,
and other City personnel that assisted with said Convention, the
thanks'and appreciation of the Council for a job well done.
6.a. City Clerk Worthing read the following letter from Mr. D. R.
Neff, Project Manager for Russell & Axon, dated October 21st=
"Subject= Final settlement and acceptance- Barbarossa
Contract
1. Your consulting engineers recommend final acceptance
of, and final payment for Barbarossa & Sons Inc. Contract
with the City of Delray Beach, dated May 24, 1963.
2. Change order No. 13 is attached for formal agproval.
This document provides for a final reconciliation-,of
all differences between the 'as-built' quantities and
the bid quantities. It also provides for final acceptance
of the work by the CitY.
3. All necessary final contract documents~have been pre-
pared in close cooperation with the City Attorney, and
he is prepared to present them. Required performanc~ and
maintenance bonds are in hand and in order.
4. A11 work ~erformed under this contract has been care-
fully inspected, and found to be substantially in ac-
cordance with' the plans and' specifications. The entire
system west of the waterway is' now in use and carrying
sewerage to the Master Lift Station.
5. In order to further reassure this council and the
people of Delray Beach, Barbarossa & Sons Inc. have
written a letter to the City Council which states in
essence that 'they take personal pride in their work'
Apart from any legal accountability, they intend to
maintain close contact with your engineers, and agree
to promptly handle any legitimate and reasonable com-
plaints which may arise during the ensuing year.
6. I would like to state that since taking over respons-
ibility for the sewer program, Barbar0ssa has cooperated
with the undersigned and the City to the fullest possible
extent."
Mr. Neff said he felt they had taken care of practically all
of the complaints concerning Barbarossa & Sons, Inc., and that he
had presented the Council. a letter from Barbarossa & Sons, Inc.',
dated October 19th, stating that they take pride in their work and
will be very willing to come back if complaints come up any time in
the future~ therefore, Mr. Neff said he did not feel this is a
termination of Barbarossa's contact with the City.
Mr. Croft said he would like to have all comPlaintS taken care
of before the final payment is made; Mr. Neff said he had consci-
entiously handled all of the compZaints and feels that Barbarossa
has been required to~ao everything' you can reasonably ask a con-
tractor to do un~er such circumstances. Mr. Neff continued= "As far
as I know, with a few'minor exceptions, we have taken Care of every-
thing. If any do co~e up, and ~/3~ may.be pe0Ple listening who do
have a few yet, I can say that they will be taken care of under the
-11- 12-14-64
"bond. Barbarossa.ls bonded for a year to the full extent of his
contract, and if anything comes up that he doesn't handle, the bond
covers it and the City can have it done .and charge the contract."
City Clerk Worthing read the following excerpt from a letter
from Barbarossa & Sons, Inc., dated october 19th:
"Furthermore, we trust you realize and understand that
apart from any legal accountability, it is a matter of
personal pride and company policy that our.responsibility
to you does not end upon final acceptance of this work.
Thus, we wish once again to reiterate our position by
saying that in addition.to what is normally expected of
a contract warranty, we plan to stay in close contact
with your engineers and make periodic field inspections.
We do, of course, agree to satisfy any legitimate property
owner complaints incidental to our work, such as paving
and patching repairs, etc., which may arise during the
pursuing~.year.
In conclusion, it goes without saying, we are most anxious
to finalize this undertaking, and inasmuch as all phases
of work are completed, we kindly ask that you please tender
your acceptance.
Also, we would like to take this opportunity to extend
our thanks and express ourappreciation for being allowed
to serve you."
Mayor Avery mentioned the complaint of Mr. George Stewart
concerning the condition at N.. E. 1st Court, and asked if it would
definitely be taken care of.
Mr. Neff answered: "Mr. Stewart's complaint is predicated
on small settlements over .the trench. The street is in good shape,
as good a shape as any of the other streets in town, but the settle-
ment should be taken care of, and. I would recommend - and I have
talked to Barbarossa about this - that we come back, maybe in the
spring, and take care of these areas and it would be on a more perma-
nent basis. I can. take care of it this week, if that is your de-
cision.''
Mr. Saunders said he felt~the work should be completed this
week, and Mr. Neff agreed to meet with Mr. Saunders at that street
location this week and do everything that Mr. Saunders felt was
reasonably necessary.
Change Order No. 13 for Barbarossa & S~ns, Inc. was unani-
mously approved on motion by Mr. Talbot and secondedbyMr. Saunders.
(Copy of Change Order No. 13 for Barbarossa & Sons, Inc. is attached
to the official copy of these minutes.) (See Pages 634-A thmu 634-~)
6.b. City Clerk Worthing read the following letter from Mr. D. R.
Neff, Project Manager for Russell & Axon, dated December 9th:
"Subject: Change Order No. 3 Cleary Bros. Construction Co.
1. There is attached for your approval Change Order No.
3 to the Contract 'for Sewer construction held by Cleary
Bros. Construction Co. .
2. This Change Order provides for 1614 Tons of Asphalt
material in place at $8.50 per ton, fora total of
$13,719.00.
3..The streets to be repaved are shown on the face of
the Change order. The tonnage to be payed for under
Change Order is the net tonnage to be used on undisturbed
areas. All areas which the contractor is obligated to
pave under the terms of his contract have been deducted.
-12- 12-14-64
"4. Originally we were given informal approval to
obligate up to $10,000. for the work. Since the
original authorization, Venetian Dr. from Atlantic
to Nassau, and 2nd Ave. NE from 8th St. to 17th. St.
have also been informally approved for full width
paving."
Change Order No. 3 for Cleary Brothers Construction Company
was unanimously approved on motion by Mr. Saunders and seconded by
Mr. Talbot.
(Copy of Change Order No. 3 for Cleary Brothers Construction Company
is attached to the official copy of these minutes.)(See Pages 634-H &
6.c. Concerning a request for permit to erect a tent for gospel
meetings, City Clerk Worthing reported as follows:
"At the last regular Council meetingl the petition of
Rev. James Maharaj, of West Palm Beach, for permit to
erect a tent for the purpose of holding gospel meetings,
was referred to the Ministerial Alliance Association
whose President, Rev. N. A. Jenkins, submits the follow-
ing:
'We, the Interdenominational Ministerial Alliance of
the City of Delray Beach, have investigated the request
referred to us on November 23rd, made by the Rev. James
Maharaj of West Palm Beach.
The Church of God here has no knowledge of, nor has any
connection with it. They do not endorse or recommend
granting of the request. Therefore, the Alliance con-
curs with them. We do not endorse or recommend grant-
ing of same.'"
The request for permit to erect a gospel tent was unanimously
denied, on motion by Mr. Barrow and seconded by Mr. Talbot.
6.d. The City Clerk reminded the Council that they had previously
requested that the bids for feeding the jail inmates be opened at
this time. Further, quotations for providing milk as a part of the
diet had been furnished the Councilmen.
No bids for feeding the jail inmates were received in response
to nineteen solicitations having been sent out.
Two restaurant owners, who were present, stated that the
specifications in the proposed menus furnishedlby the City were not
understood and further, were deemed not in the best interests of
the City.
Following lengthy discussion, Mayor Avery suggested that the
Correction Committee be directed to work with a committee of restau-
rant owners to arrive at a workable solution. It was so moved by Mr.
Barrow, seconded by Mr. Talbot and unanimously carried.
6.e. Concerning an agreement with Mr. Hasten Johnson, City Clerk
Worthing informed the Council this proposed agreement is supplemental
to the original exchange agreement between the City and Hasten
Johnson, and has been prepared in order that the building, needed
for City use, may be obtained at ~his time, inasmuch as delay in
effecting the exchange of lands, also provided in the original ex-
change agreement, is being caused while proper title to the land
is being estabIished~ further, authorization for execution of this
agreement is recommended.
Execution of the supplemental agreement was unanimously
authorized on motion by Mr. Talbot and seconded by Mr. Barrow.
(Copy of said supplemental agreement is attached to the' official
copy of these' minutes,) (~ee.~ages 634-J & 63~-K)
-13- .12-14-64
626
6.f. Concerning extension of a spoil easement to the United States,
City Clerk Worthing reported to Council as follows:
"On September 24, 1962, the City of DelrayBeach granted
temporary spoil easement on certain streets in Tropic
Isle Subdivision,'and due to abnormal conditions en-
countered in dredging the Waterway adjacent to Tropic
Isle, the United States has requested a six-month
extension of the original grant, extending same to
May 1, 1965. Council authorization for execution of
F. I. N. D.'s prepared documents to provide such
extension is recommended."
Mr. Croft moved that the request ~for six months' extension
to May 1, 1965 be granted and the Council authorize execution of
the prepared documents, the motion being seconded by Mr. Saunders
and unanimously carried.
6.g. A report of properties in violation of the City nuisance laws
was presented, and it was recommended, subject to the acceptance
of said report by the Council, that the City Clerk be directed to
comply with the Code of Ordinances as applicable to this survey
report, in order to provide for the abatement of such nuisances as
determined to exist.
Mr. Talbot moved that such report of violations be handled
as recommended, the motion being seconded by Mr. Croft and unani-
mously carried. (0opy of Nuisance List is at~aehed to the official
copy of these minutes.) (See Pages 634-L & 63~-M)
6.h. Concerning vacancies on the Contractors' Board of Examiners,
City Clerk Worthing reported to Council as follows=
"Reappointment of J. E. Dugger (Architect)as regular
member and Richard T. Hanna, alternate therefor~ also
Jack Spinner (Lawyer) as regular member and Charles
Byron/ alternate therefor, to the Contractors Board
of Examiners, whose terms of office recently expired,
has been recommended by the remaining members of the
Board. 'Appointments shouId be forperiod ending
October 9, 1967."
Mr. Croft moved that the recommended appointments be made
with terms expiring October 9, 1967, the motion being seconded by
Mr. Saunders and unanimously carried.
6.i. Concerning bids for drainage improvements in the vicinity of
S. E. 4th Avenue and 2nd Street, the City Clerk reported to Council
as follows:
"For installation of approximately 768'feet 'of 21" corrugated
-metal pipe and 2 catch basins to provide for badly needed
drainage of storm water in the area of S. E. 4th Avenue
and 2nd Street intersection, invitations to bid were ex-
tended to eight contractors- only the following proposal
was received:'
Oneman Engineering Company - .
Proposal A - For installation of 21" corrugated metal
pipe storm sewer andcatch basins, including all related
work, as called for in the plans and specifications - lump
Sum price of $5,135.88 ~
Proposal B - For the same installation outline above
EXCEPT that 8" corrugated metal pipe be substituted
for the 21" Pipe - Lump Sum price $3,906.88
-14- 12-14-64
i~ated tA~ _ei~ on Oct~=~ch ~eeded
8" . ,~,,
~Y Mana ' ~3, 40
be made ~ ge~ an~ __ 0
Of ~_ ~cO 0~em~_ _u clty E--, '
any d~a~ ~al~ot sai~ -
°~ers, o- -ca~e~ Care:-.~r the r ~n. Ove~al '- ',~z~g mo~e _ - ~ ~Y the -- . ~ by a--~ OPO~e~ ~__. 1 Storm ._ Y
of a s- and appr, 11 (the wh:. Talbot mo ..... Property
.... .cing' -~ car~ied
' ' City Clerk
~a~e a~d ~- ~o~.
~onduot a ~. ~endabl 9
- ~r ~a~. ~albo~- ~at ~e ~:1~ ~:00 A,M -:'~ upon th~res to
e~d Was :' u'~°ft as,--3' -~que~t be L~' ~n~ 8:00 ~ ~ acreets
,.~ngormed .~'~ if tht. "-- , - vranted,
Which ~ ~c Of ~i ~IVea un' ~ounciI , z ~rlvea
gran up?~ Call ~Y held ~. "= eXceDt~_ " ~e Co~-': "~ any
ted, ~e - ' Of ~OlI -- "" One .=_- '~" Of ,~ . ""~Unitv
motion' Ca__ chat the - u~ven da,, a ~'= ~arch .o~
tried ,,.'_ : request =~ nd has n---- ~ Dimes.
· ~=~lmOusly ~or a Tag SaT~er co~fli~-
' ' ~e Day be
...... n~. . :-.. ~. 5th
~Y de~tre
, ~o~me~da,2-: ~. the C=: .
~' aband°n.~'een North :?c. thia ~.i~ ~tudy
. Sixth an~. ~ of N. ~.
~ ~eVen ~h
at '.~ts ~bahdo~__ are a n,.-~
~ianning anti, gAt out - ~ontn9
e~. 10.~ ',~l/ ea~l~.- ~.rol/ow _
; ' '-15. '~ P ~ty O~e~ it/on being
12.14.64
628
"We the undersigned, petition the City Council of
Delray Beach to open N. E. Fifth St. from 6th to ?th
Avenue for through traffic. This isnecessary to
relieve the heavy traffic on 7th Ave. between 4th &
5th St. and to relieve the heavy traffic on 4th St.
from 6th Ave. to 9th Ave.' All streets and avenues
mentioned are Northeast.
~NAME ADDRESS
W.H.'Mayhoffer 40? N. E, 7th Avenue
Michael A. Fitzgerald 355 N.~E.~?th Avenue
Mary Jo'Fitzgerald 355 N. E. 7th Avenue
Dearie V. Corrigan 614 N. E. 4th Street
Dorothy Galloway 616 N. E. 4th Street
Albert Galloway 616 N. E. 4th Street
Frances Rickey Heald 614 N. E. 4th Street
H. J. Ihnefeld 403 N. E. 7th Avenue
Anna D. Ihnefeld 403 N. E. 7th Avenue
Gertrude Banfield 607 N, E. 4th Street
W. H. Buck 711 N. E, 4th Street
Ruth M. Buck 711 N. E. 4th Street
'~ Evelyn M. Deland 350 N. E~ 8th Avenue
Wendell E. Deland 350 N, E. 8th Avenue
J. A. Lamb 344 Palm Trail
Mrs. John A. Lamb 344 Palm~iTrail
Robert J. Millner ' 411 N. E. 7th Avenue
Mrs. R. Millner 411 N. E. 7th Avenue
MrS. J. A. McGuire 711 N. E. 4th Street
Chester E. Smith 351 N, E. 7th Avenue
~Florence~G. Smith 351 N. E. 7th Avenue
Mrs. Gustav A. Stumpf 403 Palm Trail
Lewis S. Cleaves 707 N. E. 4th Street
Marjorie T. Cleaves 707 N. E. 4th Street
Irving L. Rich 909 N, E. 4th Street
Mrs. Roberta Klein 340 N. E, 7th Avenue
Leonard E. Klein 340 N. E. 7th Avenue"
A letter from Mr. M. A. Fitzgerald was presented, asking that
the Council order the opening of said portion of N. E. 5th Street in
order to relieve the traffic situation in that area.
Mayor Avery,suggested that this item be referred to the
Planning/Zoning Board; that they have a public hearing, advertise
and that all of the people mentioned in these petitions be notified
in writing of such public hearing, and that a recommendation from
the Board be returned to the Council, It was so m°ved'by Mr.
Saunders and seconded by Mr. Talbot. It was determined that property
owners for one block in each direction would be notified, and that
Attorney J. Clinton Scott would notify the individuals that he is
representing in this matter.
Upon call of roll, the motion carried unanimously.
7.a. Concerning a request by Mr. William Becket for permit to
solicit funds, City Clerk Worthing reported as follows:
".The application for permit to solicit funds through
the medium of selling Christmas trees, submitted by
'Bill' Becket, reflects the proceeds from such solici-
tation to be devoted wholly to meeting, in part, ex?
penses incurred~in the promotion of a Delray entry,
identified as 'Optimist Baseball Team of Delray', in
the Connie Mack Baseball League, alleged to be comprised
of five or six teams."
Said request was unanimously granted on motion by Mr. Croft
and seconded by Mr, Saunders.
-16- 12-14-64
629
8.a. The City Clerk presented RESOLUTION NO. 1495.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING
THE NAME OF THAT PORTION OF DIXIE BOULE-
VARD LYING BETWEEN SOUTH SWINTON AVENUE
AND S. W. 4th AVENUE TO SOUT~RIDGE ROAD.
(Copy of Resolution No. I495 is attached to the official copy of
these minutes. ) (See Page ~3~-N)
City Clerk Worthing reported that said street name change
had been recommended by the post office and Planning/Zoning Board;
further, all residents on that portion of Dixie Boulevard lying
between South Swinton Avenue and S. W. 4th Avenue had been notified
of the proposed change and no one had objected. Resolution No. 1495
was unanimously passed and adopted on this first and final reading
on motion by Mr. Croft and seconded by Mr. Barrow.
8.b. City Clerk Worthing presented RESOLUTION NO. 1496.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, CONFIRMING
AND ADOPTING A CIVIL DEFENSE OPERATIONAL
SURVIVAL PLAN FOR THE CITY; REPEALING
RESOLUTION NO. 1349, DATED DECEMBER 14, 1961,
RESOLUTION NO. 1425, DATED NOVEMBER 12, 1962;
AND PROVIDING FOR AN EFFECTIVE DATE.
(Copy of Resolution No. 1496 and the Civil Defense Operation Survival
Plan, dated December 14th, 1964 are attached to the official copy of
these minutes.) (See. Pages 63~-0, 63~-P ~h~u 634-LL)
Resolution No. 1496 was unanimously passed and adopted on
first and final .reading on motion by Mr. Talbot and seconded by Mr.
Croft.
Mayor Avery complimented Mr. O. W. Woodard, Jr., the Civil
Defense Director for Delray Beach, on his good work in preparing said
Survival Plan.
8.c. City Clerk worthing presented RESOLUTION NO. 1497.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL~AY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED. WITHIN SAID CITY; SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN
UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF
THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 1497 and attached nuisance abatement costs
are attached to the official copy of these minutes. )(See Pages 63~-MM & 63~-
Resolution No. 1497 was unanimously passed and adopted on this N~
first and final reading on motion by Mr. Croft and seconded by Mr.
Barrow.
8.d. The City Clerk presented RESOLUTION NO. 1498.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY.BEACH, FLORIDA, REQUIRING
PLANS, SP-ECIFICATIONS AND ESTIMATE OF
COST TO OPEN, GRADE AND PAVE THAT PART
OF NORTHWEST SECOND AVENUE LYING BETWEEN
LAKE TERRACE AND NORTHWEST SEVENTH STREET.
-17- 12-14-64
~3o
(Copy of 'Resolution No. i498 is attached to the official copy of
these minutes. ) (See PaEe 634.-P-1)
Resolution No. 1498 was unanimously passed and adopted on this
first and final reading on motion by Mr. Talbot and seconded by Mr.
Croft.
8.e. The City Clerk presented RESOLUTION NO. 1499.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ORDERING THE OPEN-
ING, GRADINGAND PAVING OF THAT PART OF NORTH-
WEST SECOND AVENUE LYING BETWEEN LAKE TERRACE
AND NORTHWEST SEVENTH STREET.
(Copy of Resolution No. 1499 is.'attaChed to the ,official copy of
these minutes.) (Sss Pa~6s 63~-_00.&
Resolution No. 1499 was unanimously passed and adopted on
this first and final reading on motion by Mr. Saunders and seconded
by Mr. Croft°
8.f. The City Clerk presented RESOLUTION NO. 1500.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUIRING
PLANS, SPECIFICATIONS AND ESTIMATE OF
COST TO OPEN, GRADE AND IMPROVE T~AT PART
OF HOMEWOOD'~ BOULEVARD LYING BETWEEN HIG~U~AND
AVENUE AND LOWSON BOULEVARD.
(Copy of Resolution No. 1500 is attached to the' official copy of
these minutes.) (Sss-Page 63~-QQ)
Resolution No. 1500 was unanimously passed and adopted on
first and final reading on motion by Mr. Talbot and seconded by Mr.
Croft.
8.g. The City Clerk presented RESOLUTION NO~ 1501.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ORDERING THE OPEN-
ING, GRADING AND IMPROVING OF THAT PART OF
HOMEWOOD BOULEVARD LYING BETWEEN HIGHLAND
AVENUE AND LOWSON BOULEVARD.
(Copy of Resolution No. 1501 ~s attached to the official copy of
these minutes.) (Sss Pagss 63~-RR"& 63k-SS).
Resolution No. 1501 was unanimously passed and adopted on
first and final reading on motion by Mr. Croft and seconded by Mr.
Saunders.
8.h. City Clerk Worthing presented ORDINANCE NO. G-577.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION
5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS
ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID 'LANDS~ AND PROVIDING FOR
THE ZONING THEREOF.. (Lot 31, Lake Shore Estates
& a portion of swint6n Avenue lying east of
Lake Shore Estates)
(Copy,'of Ordinance No. G-577 is attached to the official copy of
these minutes. ) (See Pages 63~-TT &
-18- 12-14-64
There being no objection to Ordinance No. G-577, said Ordi-
nance was unanimously passed and adopted on this second and final
reading on motion by Mr. Talbot and seconded by Mr. Saunders.
8.i. The City Clerk presented ORDINANCE NO. G-579.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DEL~AY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELPAY BEACH CERTAIN LANDS LOCATED IN
SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS;
AND PROVIDING FOR THE ZONING THEREOF. (Nine
properties in Delray Beach Shores, also White
Drive & Rhodes-Villa Avenue)
(Copy of Ordinance No. G-579 is attached to.the official copy of
these minutes.) (See Pages 634-W & 63~-wW)
There being no objection to Ordinance No. G-579, said Ordi-
nance was unanimously passed and adopted on this second and final
reading on motion by Mr. Talbot and seconded by Mr. Croft.
8.j. City Clerk Worthing presented. ORDINANCE NO. G,580.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LOTS LOCATED IN
DELRAY BEACH SHORES, WHICH LANDS ARE CONTIGU-
OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SAID CITY TO 'IN-
CLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LANDS= AND PROVIDING FOR
THE ZONING THEREOF. (Nine properties in Delray
Beach Shores)
Ordinance' No. G-580 was unanimously placed on first reading
on motion by Mx. Croft and seconded by Mr. Talbot.
8.k. The City Clerk presented ORDINANCE NO. G-581.
AN ORDINANCE OF THE. CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN
SECTIONS 21 and 28, TOWNSHIP 46 SOUTH, RANGE
43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY~ REDEFINING TH~
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
(Tropical Golf Course, Inc., S. Fed. HWy.)
Ordinance No. G,581 was unanimously placed on first reading
on motion by Mr. Talbot and seconded by Mr. Barrow; also, it will
be submitted to the Planning/Zoning BOard for their recommendation,
which should be presented at .the next regular Council meeting.
9.a. The following Planning Board report, dated November 18th,
concerning Lots 31 and 32, Block 12, Dell Park, was read:
"At the regular Planning and Zoning Board meeting held
in the Council Chamber on .NOVember 17th, 1964 at 4:00
o'clock P.M., a public hearing was conducted on an
application to rezone from. R-20 one and two family
532
"dwelling district, to C-l, limited commercial district,
lots 31 and 32, block 12, Dell Park.
Twenty-seven property owners were notified. Four of the
notified owners appeared in person or by letter and were
in favor of the request~ six other notified owners ap-
peared in person or by legal council and voiced objections.
A petition'was, presented by the applicant that included
several of the names of the notified property owners,
who were in favor of the rezoning.
The Planning Board discussed the petition, and a motion
was made by Mr. Hanna and seconded by Mr. Lankton to
recommend to council that the~request be denied. On roll
call, Mr. Hanna, Mr. Lankton, Mr, Davis and Mr. Jacobson
voted in favor of the motion~ 'Mr. Kabler and Mr. Gent
voted against the motion. The motion carried."
Attorney Nell E. MaCMillan, representing Mr. Lonnie Cook,.
owner of Lots 31 and 32, Block 12, Dell Park, presented a petition
to the Council, signed by many residents in the proximity of said
Lots 31 and 32, favoring the development of that property for a
neighborhood grocery store.
Attorney MaCMillan brought out points in favor of the re-
zoning to commercial Classification, and displayed several pictures
of the area, also read letters from two local realtors who stated
they felt the property was m~re suited for commercialuse than for
a residence or duplex~
During comments from Mr. James Johnson, he informed the
Council that Mrs. M&~e Johnson, a signer' of the Petition presented
by Attorney Nell MaCMillan, wishedto have her name deleted from the
petition, the Council granted that request.
Following objections to the zoning reclassification of said
Lots 31 and 32 by Mr. Louis C. Miller, Mr. E. A. Traver, Mr. James
Johnson, Mr. Jerry Turner, Mr. EdCarpenter and Attorney John H.
Adams, representing his mother and Mr. &Mrs.'GeorgeMCMurrain, Mr.
Saunders moved tosustain the recommendation of thePlanning/Zoning
Board and deny said request, the. motion being secondedby Mr. Talbot.
Upon call of roll, Mr,. Barrow and Mr'. saunders voted in favor of the
mOtion and Mr. Croft, Mr. Talbot and Mayor Avery were opposed. The
motion did not carry.
City AttorneyAdams said there could be two ordinances in-.
volved if this change in zoning classification was approved, that
one ordinance would amend the classification to allow a neighborhood
grocery as a' conditional use in..a C-l. zoning classification, and a
size limitation could be put on said building. The other ordinance
would be to rezone said property fromR-2 to C-1 classification.
These two ordinances, if ordered by the Council would have to be
presented on first reading, published, and a public hearing held
thereon at the time of their second and final reading,
Mr, Talbot suggested that this item be tabled, in order that
he may talk to the different members of the Planning Board concern-
ing same, and he would then be ready to vote on t~ne item,
Mayor Avery said that since there was no actionon the re-
quest for rezoning of Lots 31 and 32, Block 12, Dell Park, said item
would carry over to the agenda of the next regular meeting.
10. City Clerk Worthing reported to Council as follows:
"Research during the past year has disclosed that there
was never any dedication for public use of any land
north of what would have been the center line of S. B.
'.~ 8th Street-had said street'been extended easterly from
.... S. E. 5th Avenue to S. E. 6th Avenue. This disclosure,
together With the fact that the City.of Delray Beach had,
-20- 12-14-64
"in the past, improved S. E. 8th Street right-of-way
between S. E. 5th and 6th Avenues, a portion of which
appeared to be on private property, resulted in the
City having to acquire, during this past year, a 20 foot
strip of land approximately 212 feet long, from Mr. &
Mrs. F. A. Cuttle.
There remains an extension of this 20 foot strip ap-
proximately 59 feet long, completing the distance
between said 5th and 6th Avenues, the owner of which
desires to receive consideration similar to that
given Mr. Currie, and it is recommended that the
City Manager and the City Attorney be authorized to
negotiate with the property.owner for this 20 x 59 -
foot strip, the acquisition of which would result in
a continuous 40 foot right-of-way for S. E. 8th Street
between the F. E. C. Railroad an~ Northbound Federal
Highway (S. E. 6th Avenue).
Mr. Saunders moved that the City Manager be given the
authority to negotiate, as recommended, the motion being seconded
by Mr. Talbot and unanimously carried.
10.x. In an attempt to straighten out ~N..E. 2nd Avenue at 8th Street
to some extenT, City ManpgerHoll~nd informed the council that he
had a firm agreement in the amount of $1, SOO~00.on a parOel of
ground 81.9'feet?~35 feet, and recommende~ that. the.City Attorney
be authOrized t~t.~oceed with the purchase of same', the money-for
said purch~se~ tolbetran~ferred, from'theContingency Account'tO the
Streets, Alleys & Sidewalks Account No. 910 321 601. It was so
moved by Mr. Talbot, seconded by Mr. Croft and unanimously carried.
10.x. c~ty Manager~'Holland reported tO CoU%il conCernin~ the
Woman's Club grounds as follows: "The Council instructed me to put
in writing, 'addressed to Mrs. Dorothy Corm, President oft he Woman's
Club, the City's agreement. If you ~on't recall, I will read it to
.you: 'The.city, w!1! agree to.take over the sprinklers, plantings,
grass and beautifica~ionOf this area, which would.be known as. Currie
Park, wh'ich would beextended from the west side of the utility ease-
ment where the"sewer lineis. The Woman's Club would'maintain their
facilities, which.would be that property extendingwesterly from the
utility easement to Federal Highway (S. E. 5th Avenue). The Women's
Club would also ~aintain the planting, watering, etc.'
I have a letter from Mrs. Conn. She has taken it up with her
club and she is.ready to negotiate.now and release that particular
partback ~o, the City under these COnditions."
Mr. Croft moved to authorize the City Attorney to present an
amended lease at the next regular Council meeting, the motion being
seconded by Mr. Saunders. Upon call of roll, Mr. Barrow, Mr.' CrOft,
Mr. Saunders and Mayor Avery voted in favor of the motion and Mr.
Talbot was opposed '
Mr. Talbot. referred to the possibility of an illegality, in the
lease with the Women's Club, and City Attorney Adams informed the
Council that in examination of prpperty titles in that general
vicinity, he had. observed a quit-claim deed from the Currie family
generally to the City, which would probably release any public park
dedications.
Mr. Talbot said there had been discussion at one time con-
cerning the posSibili~y of purchasing the improvements at the Woman's
Club property and let it serve as anadjunct to the Community Center
and City Park.
10.x. A petition for later_closing hours of bars in Delray Beach.
was presented for Council consideration., and Mr. Talbot moved that
this item be' tabled until, the ne~t meeting, tho'.motion being seconded
by Mr. Saunders and unanimouslY.darried.
88 '~
10.x. City Clerk worthing presented the following memorandum con-
cerning Tennis Building bid tabulations:
"The following tabulation reflects bids received for
construction .of a tennis building as designed by Archi-
tect, Kenneth Jacobson. Bids were opened at 4=00 o'clock
p.m. in the Conference Room at City Hall.
.... " BASE ALTERNATE ALTER~%TE
.NAME BID DEDUCTION TOTAL
James I. Sinks $15,719 $2,162 $13,557
Trieste Construction Corp.. $15,980 $2,500 $13,480
Woolbright Construction Co.,Inc.$16,908 $2,364 $14,544
We request your pleasure regarding award of this bid."
Mayor Avery asked the amount of money for the bUilding, plus
architect fees, that' had been authorized by the Council, and was
informed the amount was $16,500.
Mr. Oo W. Woodard informed the Council that the low bid is
within $119.00 of what had been authorized for said Tennis Building
plus the architect fee.
During discussion, City Attorney suggested the acceptance of
the low bid, subject to a.performance and payment bond, for which
the City would agree to pay up to 1%. 'Mr. Kenneth Jacobson said that
the Tennis Committee had recommended to go ahead with the entire pro-
ject at this time.
Mr. Saunders moved to accept the low bid, an~ that the Con-
tractor provide a performance bond to be paid for by the City, as
suggested, the motion being seconded by Mr. Barrow and unanimously
carried~
10.x. Concerning a memorandum from Mr. O. W. Woodard, Jr., relative
to repairs at the Community Center building, Mr. C~Oft moved that
this item be placed on the next agenda, and in the meantime, that
the Councilmen personally inspect said building. The motion was
seconded by Mr. Saunders and carried unanimously.
10.b. City Clerk Worthing presented the following bills for approval:
General Fund $137,538.57
Water Operating & Maintenance
Fund $ 6,261.45
Improvement Fund $ 5,000.00
Special Trust Account - Delray
Beach National Bank $ 71,001.14
The bills were unanimously ordere~ paid, on motion by Mr.
Croft and seconded by Mr. Saunders.
The meeting adjourned at 12:38 A.M., Tuesday, December 15th,
by order of Mayor Avery.
R. D. WORTHING
City Clerk
APPROVED:
"~A yo'R
-22- 12-14-64
6~-A
CITY OF DELRA Y REA CE
PALM BEACtt COUNTY, FLORIDA
$~WAGE ~/ORI~S PROJECT
Project No. 5964-8a
C~ANGE ORDER NO. ~3
This Agreement e~iered i~to this to~teenth day of
December~ 1964 by a~d bei~ee~ the CITY OF DEZRAY BEACh,
PALY BEiC~ COff~TF, FLO~D~, as party of the
8ARBAROSS~ & SONS, INC., CONTRACTOR, as party of t~e SECOND
PART, ~he same be~g a cha~ge or sapple~e~t
tract by a~d bet~ee~ the part,es a~oresa~d, da~ed 24 May 196~,
for ~he eo~sirueiio~ of Se~age Yor~s Project, City of Delray
Beach, Palm Beaeh Couaiy, Florida.
1. ~E~2S, the party of th~ FI~T PART desires to am~d
th~ eo~traet iD r~eoneil~ i5~ final quantities as eo~siruci~d
~iih the quantities as originally bid, a~d W~EREAS the fiaal
constructed quantities are set forth in the final estimate (Naa-
~r 15), and ~E~2S a dis~,sion of th~ differences ~hi~h exist
b~t~n th~ bid ~uantiti~s ~nd th~ ~onsiru~i~d
attached as 2pp~ndix .2. to this ~hang~ order, and ~S both
Fi~a] Esti~at~ YD. 15 a~d 2p~endix "~' ar~ an i~t~gca~ part of
this ~hang~ order, a~d ~E~S this ~hang~ order, ~h~n signed
by all parties thereto, ~onstitutes final acceptance of all ~or~
carried out' under this contract, by the City of Delray Beach,
F]orida.
II. T~EREFORE, the party of ~he SECOND PART agrees that
this final reconciliation change order supersedes any and all
previous correspondence or verbal agreements regarding
letions or additions to the scope of the work carried out
under this contract dated May 24, 1963 for the construction
of a Sewerage Works Project located in the City of Delray Beach,
Palm Beach County, Florida, and the party of the SECOND PART
further agrees that all guantities and prices shown on the
attached final estimate are correct, and that the amount of
~irty ~ght ~ousand, om hundred and six~ five do~ars and thirty-four cents
$ 38,165.3A 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.
III. It is further agreed and understood that this change
order shall not alter in any manner the maintenance, and per-
formance guaranties of the original contract dated 24 May 1963
and the same shall stand in full force and effect in all respects.
Recommended for ~pproval: BARBAROSSA & SONS, INC.
CONSULTING ENGINEEBS
BY D.~~ ~oe~p t ed:OF
Pr o j ~ V~r
PaLM BEA C~ COUNTY
~ DELRAY BEACh, ~LO~Da
AD.ovid as to for~:
i ty ~ t tommy - O~ ty~anag~r
<" . °~r~e~ ~ ~r~r°
_ ~ ~e~c~, ~lOrid~. ~e ~ork8 Projee~ ~ ~'o~8,
~e Ii,al es~[m~' e°~r~°~ a~d ~ose Carried o~
~ ~' ~ °ari~°a o/$4000 or l~ ·
~ de~2 ~, . a~o~s. ~¢. . e°~S~d~red
vv ~[11 a28o ~e d v, eo~e
2o~ 0~$ u~der, r~, a~d deeper eu~s omer-ra~.
reaaons lot these oar[a~ions are set/orth ~elom:
,<---~ e~alled ~[ne~ ~ Plan~ ~er~ Prepared, been
er t~an anticipated. ~ere deep.
2°ea~°n$ d~$ired, and a$a r~$ult, t~ $~er$ Aad
~o 3e rerou~d in deeper eu~x. One ezaaple of
~t~ua~i°n ir fOUnd ~it~ reapee~ to la~ra2
~ere ~e de~[red ~aaeaent oou2d no~ be seoured.
~34-~
This necessitated the reroutinp of Main Two (2),
and lateral two "A" (2-A) to serve the area that
lateral 5-E-2 was desipned to serve.
C. In many instances storm sewers were deeper than
anticipated, and in order to avoid direct conflict
between two pravity lines, the sewer was lowered.
A pood example of this condition is Main No. two (2)
which conflicted with stora sewers at 5 locations.
This entire main servinp a larpe portion of the North-
east area was lowered.
4. Items twelve ~2) throuph fifteen (15) under-ran as
a result of an intensive effort to redesipn laterals in order
to save as much pipe footape as possible.
5. Itea sixteen (16) was eliminated by redesipn.
6. Ite~ seventeen over-ran in part due to relocation of
Master Lift Station, and Junction Box with old sewer.
7. Items eiphteen (18) and nineteen (19) under-ran pri-
marily due to relocation of Master £ift Station. These just
about balanced out over-run of item seventeen ~7) above.
8. Items twenty (20) throuph twenty-six (26) are all
service connections to properties. It will be noted that the
four (4) inch connections under-ran and the six (6) inch con-
nections over-ran. This net over-run penerall~ resulted from
~ forward look at all areas where it appeared reasonably
certain that commercial development would take place. It
was a matter of sound overall economy to initially install
Sim (6) inch service connections in these areas rather than be
forced at c later date to rep/ace inadequate Four (4) inch lines.
These are decisions that can only be made on the ground on an
individual basis at the time of installation.
wherever feasible, house services were placed on smaller collec-
tor laterals, rather than on mains, in order to assure more
pendable operation, and to reduce future maintenance costs.
9. Items twenty-seven (27) to thirty (3~) are manholes.
ffere the shallow manholes underran, and the deeper manholes over-
ran due to a general deepening of lines as discussed above.
~owever, the costs more than balanced out.
lO. Items thirty-one ($1) to fortp-five (45) inclusive
show onlp minor and normal variations.
ll. Item forty-six (46). ~e eliminated this high~ay
crossing (£ateral 5-~-2) as the easement could not be obtained.
~e rerouted the sewer across ~th St. extending £ateral 2-2 (See
~ar. $-~ above).
12. Items forty-seven (47) and forty-eight (48) overran in
asphalt and concrete paving. ~rimarp reason for this is the in-
stallation of new paving in interim between time of preparation of
original plans, and the actual time of construction.
13. Item forty-nine (49). It appears that some sidewalks
were not included in bid quantities because they were covered
over and broken up.
14. Item fifty (50). Manp curbs were found to be covered
over with paving, (back up curbs for asphalt and base), and
were therefore, not carried in original quantities.
15. Solid rock excavation (following Item 50). Price set
up, but it was not possible to determine in advance quantities
of rock which would be encountered. Lines generally deeper, as
discussed in Par. $ above.
16. The major overruns in Section II of this contract, which
covers the entire South West Section, and the North Vest Section
to 2nd St. results from the construction of approximately 15000
ft. of sewers over and above the quantities carried in the origi-
nal bidding. While every effort was made to hold down the over-
run, nevertheless, the area had to be adequately served, and
Sonable provision made for future development. It appears prob-
able that the city desired certain laterals added after the origi-
nal estimate mas made. In this area every effort was made to
raise the sewer lines to minimize the deep cuts. Excavation items
51 to 55 show the major overruns were in the shallow cuts.
l?. Items fifty-eight (58) and fifty-nine (59) overrun in
6 inch house connections and underrun in 4 inch house connections,
due to large number of eom. mercial properties served.
18. Item seventy-five (75). Large overrun in asphalt pavement
replacement due to 15,000 ft. of sewers added to system. Also
many streets were paved after plans were drawn up.
19. Section IV - Sewerage force mains in whole of Delray Beach.
As the force mains were tied closely to the overall design the quan-
tities came out reasonably close to the original esti~te.
20. ~e total amount of overrun in bid quantities, covered by this final
reconciliation agreement, is~ One hundred-fifteen thousand and forty-eight-
dollars and ei~ht~nine cents ($ L15104B.89) Dollars (" )
21. It should be noted that ( as shown on the estimate) the net under-
run on change orders ~D. 1 to 12 amounts to
Four-thousand-four-hundred-ei~ht~nine 5~oo Dollal*s ( $ 4,489.54 )
22. i'nis appemiix, consisting of 5 pages, is agreed to by the contractor
and the Consulting engineers,
~SSELL & AXON Barbel-ossa & Sons Inc.
Consulting Engineers, Contractor
ProJ ec~F~nsger Vice Pres.
~is agreement entered into this day of .1964
by and between the CITY OF DELPAY BEACh, PAI~ B~AO~ ¢O~NT~, F~OR~DA, as party of
the FI~T part,' and CLEAI~ B~O~S COnSTRUCTiON ~0., Contractor, as party of the
~E~O~D part, the sa~e being a change or ea~ple~ent to · certain contract by amd
between the parties' aforesaid, dated 2~ ~ay 19~3, for the construction of a
sewerage ~orks Project in the City of Belray Beach, ~ Beach County, Florida.
T. WHE~EA~, the party of the FIleT part desires to amend the Contract by
adding the ite~ of a~t to pave over u~storbed portions of oertain streets.
I~PE~A~ this paveuont im r~ to restore the streets to · condition
in keeping with the murroundi~g e~ei~t.
~ ~ Contraotor ha~ aatimfactorely oc~leted all ~rk of re-
paving reasomhly required by him oontraot
~Aa thim pavea~nt im ~ ~eoe~ax7 by the ~ u~stahle u~derlying
moil strata in this area ~o~simting of ~uck, quiaksand, and grou~dvater within
o~e foot of the surface.
L~, ~)~, the pa~ of ~e ~CO~ part agrecm to furnish all pla~t,
labor, ~aterials and su~pliem necemlarY to imtall an asphalt pavement over the
eximting pavemnt on the following mtreetam
a. Andrewm Ave. - Atlaatio to ~ea~h DrAw
b. Loery St. - a~ev~ almomt to ~eahreese
I i d. Portio~ of Be·oh Drive a4Jaoent to Andrew~ Ave.
~ ee Vemtiaa Dre - Atla~tto to ~a~m
f. Mir·mr - VeMtiaa Dr. to Ma~Farlan~
, g.
~-/ i. 2nd. Ave. ~ $th 8to to ~ 17th 8te (B~?~ ~]e thie
at.et ia outaide ~he area of ~leary'a ~ontraot, it ~ll
~ been ec.F].ef4d)
~e asphalt Bix ~11 be in a~eordanoe ~ith that preao~ibed ia the
contract al:~oi~oat~on~ for pavement rop3~oemont. ~ho asphalt ~11 be applied
634-~
CITY OF DELRAY ~ - CHANGe. O~DER ~. 3 Page 2
to an approximate thickness of one inch over the entire paved portion of the
street. ~e total addition to the contract which the party of the FIRST part
agrees to pay for at the agreed price of $ 8,50 per ton is ,
1614 Tons ~ $ 89~0 - ~irteen ~aousend Seven Hundred ~neteen Dollars
( $ ~3,?i9.00 )
III. It is further agreed a~d understood that this change order shall
not alter in any manner the force and effect of the original contract dated
24 Ma~ 1~63, and the sam~ mh-~ ata~d in full force and effect in all respects
except as amended by this agreement,
This Agreement, made this / ay of December, 1~,
by and between ~ASTEN J. J0~0N a~ ~ V. J0~ON,
wife. herel~fter c~led the ~artiel of the First Part, and
the CI~ 0F D~ B~CH, a ~lerida ~ieipal so.oration,
hereinafter ~led the City~
~8~ ~ p~ol hereto have an ~o~e Agree-
ment pendi~ between thru, a oopy of which i8 attaohed here~
for refere~el and
~, t~ ~ity obJ~t~ ~ the title of the
p~o~la of re~ estate ~ be essayed by t~ Parties of the
First P~t lB aooo~a~e with said ~e~e Agre~t;
~, Bald ~a~ties of the F~nt ~art a~e endea~r-
i~ ~ olear said ebJ~tLm in aeoe~e with a ~tiee, dated
Be~t~e~ 30, l~. f~i~d t~ b7 t~ Oit7 Atte~eyl
~, b Olty Xn deni~e~ of ebtaini~ t~ ho~e
ment%en~ In said ~e ~ment, ~ ia willl~ ~
'the ~a~tiea of t~ Fi~nt ~a~t ~ eash a~ of F~ TH0~
T~ ~ A~ F~ ($%,~.~) ~llarn at the present
t~e for t~ p~ivil~e ef ebta~~ asia ~use within ninety
(~) dayn fr~ t~ ~te ef ~l
· ~, T~~. T~ ~X~ ~ AG~ AS
1. T~ ~tiea of the F~at Part ~ee ~ convey,
by Bill of Bale, ~t eertain d~ll~ ~use leeated on ~t ~9,
I~Y A~ ~0~ ~Z01, as ~e~ ~lat ree~rded in ~lat
~ok 1R, ~ase ~ ef t~ ~blie Reee~da ef ~m Beaoh ~o~t7,
~orida.
~. T~ ~a~tXea ef t~ F~st ~art will ~intain the
~iat~ fire ~d e~~ ee~e in~e thereon
the ~te the p~a~ ~e A~lv~ ~ ~ GirT, ~d
City's interest therein in an a~ount not less than $5,350.00.
3. The City will pay the Parties of the First Part
the cash sum of $%,3~O.00 upon execution hereof, and will
allow the Parties of the First Part to continue to occupy and
retain title to said premises for a period not to exceed ninety
(90) days from this date.
WITNESS our hands and seals the day and year first
above written.
Parties of the First Partz
01T~ OF DBLRAY BEACH
A~Ti
App~ved as to fer~
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 & 15-4 OF THE CITY CODE
PROPERTY CITY
OWNE~ ADDRESS DESC RIPTI,,O.,.N' .C 0p.E
Joseph R Helen 3837 S. Archer Ave. W 85 feet of E 15-3
Signorello Chicago, Illinois 295 feet M/L of
S 135.3 feet of
N 1090.3 feet
M/L of SE.~ of
Section 9-46-43
~ ( S outhway s )
2.
The Love Company P..0. Box 940 Lots 13 & 14 15-3
Delray Beach, Fla. less l0 ft. R/W, 15-4
Block 109
3.
George Moore Lapham 609 S. E. 3rd St. Lot 11 and part 15-3
Delray Beach, Fla. of 12 less W5 ft.15-4
of R/W, Block ll9
4.
Fairfax of Hollywood % Bank of Hollywood Lot 8 & S5.5 15-3
Developmen~/tnc"~ ~.. i · HollywOod,' FlOrida~ .'feet~ of -Lo't 7, 15-4
5.
Michael & Elvi M. 218 N. Ocean Blvd. Westl vacant part .15;'3
Yargat~s",~: '. Delray'~Beach, Fla, o~ N60' feet of 8~15~
200 feet of lot 7,
.... Ocean' Beach.
6.
Elizabeth G. Schneider 15 Tapoan Rd, E 145"feet' of W 15-3
Richmond 26, 305 feet~bf: N
Virginia 100" feet~- ef lot
7¥ 0C'ea~ Beach
7,
Samuel,A. ,& :Elizabeth National-Transit E.70 feet Of W t5-3
B. Breene & James H. Buildin~ .', ~ . 375 feet of N ~ '1:5'4
& M. Johnson Oil City, Pa. 100 feet of lot
'~ 7, Ocean Beach
8.
Samuel A. · Elizabeth National. Transit N 100 f.eet les,s ~5-3
B. Breene & James H. Building W 37~ feet-of ~15-4
& M. Johnson 0il City, Pa. lot 7, Ocean
Be ach
9.
Merle M. Dearystyne 1 Holman St. West waoant 15-3
Apt. C. part of Lot 19, 15-4
Glen Falls, N.Y. Block 117
12801
R. D. & E. Schell & 2900 E. Sunrise 'Lots t~' th~U~19 15-3
-Baerenklau & Company, Blvd .. les~ W '~5 ~t.
Inc. Ft. Lauderdale, R/W, Block 12,
Florida Osceola Park
1I.
Mary R. Sill 765~Vatley St. W. 18 feet ~.of ~Lot 15-3
orange, N.J. 13 ~ all of Lo~t 15-4
14 & E 13 feet of
....... . ....... Lot 15, Seestedt-Stevens12~¥
Page 2 - PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 & 15-4 of the CITY CODE
Violations 15-3 and 15-4 as concerns this report
of above listed properties are as follows:
ITEM
1. 15-3 ~Large~tree uprooted by.storm.
2. 15-3 & 15-4 Weeds also limbs from storm damage.
3. 15-3 & 15-4 High Weeds, High Growth and damaged trees.
4. 15-3 & I5-4 Undergrowth and storm debris. High trees on
N. W. property line should be reduced to a safe height.
5. 15-3 & 15-4 High undergrowth and debris on West property
line. High Melaleuca trees on West part of property should
be reduced to safe height.
6. 15-3 High Melaleuca trees on property lines to be reduced
to safe heigth.
15-3 & 15-4 High undergrowth and debris,
8. 15-3 & 15-4 High underbrush on west part of property and
high Pine trees should be reduced to safe height.
9. 15-3 & 15-4 Broken limbs from storm damage and high weeds.
10. 15-3 High, dead trees~standing. Dead broken trees and
branches down. Storm debris.
11. 15'3 & 15-4 Vines overgrowing cabbage Palm trees. Also
dead~Palmfronds.
· Submitted to the City Council by the City
Manager' on this 14th day of December, 1964.
634-~
RESOLUTION NO. 1495.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING
THE ~ OF TSAT PORTION OF DIXIE SOUL~-
VARD UYING SSTW~ SOUTH S~ON AVSmm
AND S. W. 4th A%l~NUE TO SouTHRIDGE ROAD.
WHEREAS, an'unsatisFactory condition exists within
the City as a result of two Streets. in opposite parts of
the City being identif$~ by the sa~e~name~ namely DIXIE
BOULEVARD, and
WHEREAS,'the Cit~ Council o~'the City of Delray
Beach, Florida, deems it~in the bes~ interests of the
residents of the City .that the name DiXie Bo91evard, as
now exists and tying BetWeen South ~.~W~'inton"Avenue and
S. W. 4th Avenue be uhaflged to SOU~{R/D~E RO~D.
NOW, THEREFORE,..BE IT RESOD~VED BY THE CITY.~O~NCIL
OF TH~ CITY OF DEL~YEEACH, FLORIDA:'
1. Th~ ~.he na~e o~ th'~.~ pgl:%.~,~e~ o.f~ DIXIE ~Ot~..~VARD
tyin~ between SSuth: S~ih~en ~venue 78!. S- ~-: 4th ~venue, in
Section 20, To~"mhip 46 South, Range 4~ Eaet, be and the same
is hereby changed-to-~OUT~ID~E R~D.
PASSED AI~T~DOPTED on this lkth day of Deoembe~,
~9~.
/s/ AL. C. AVERY
~-M' A '¥ O
ATTEST ~
City Clerk'
09: '
634-0
RESOLUTION NO. 1496.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, CONFIRMING
'AND ADOPTING A CI~IL DEFENSE OPERATIONAL
SURVIVAL PLAN FORTHE CITY; REPEALING
RESOLUTION NO, 1349, DATED DECEMBER !4, 1961,
RESOLUTION NO. 1425, DATED NOVEMBER 12, 1962;
AND P'ROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the political, economic and cultural as-
pirations of the world powers are at hostile variance, and
WHEREAS, the United States of America and the State
of Florida have each. promulgated laws and plans for the mobi-
lization of civil forces, conservation of resoUrces and co-
ordination of efforts to protect life and property, and
WHEREAS, certain Civil Defense concepts have changed
extensively necessitating a revision of the existing local
survival plant
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Delray Beach, Florida, as follows:
Sec~i~h~ I. ~ :.~h&t %~e CiVil ~De~fense Operational
Survival Plan,. ~ated'i.D~ce~b~r %4,' 19.64 (~ilCop~y. of"which Plan,
attached hereto and made ,a p~rt. He~eofi.."be',. and the .same is
hereby co"firmed. and 'adoPt~: as the operatiOnal s~rvival Plan
for the city ~f .Delray'Beach; Florida:
Section 2. That Resolution No. 1349, dated December
14, 1961 and Resolution No. 1425, dated November 12, 1962 be,
and the same.aFe hereby repealed.
' P~SED A~'An'OPT~.O '~h~ 14th 'day of ~ecember, ~.~64.
~. ' ....... ~ /~/~L. ~. AV~"
MAYOR
ATTEST ~- ..... .
/./~.. s,. ,~m.9 .
RESOLUTION NO. 149~.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUIRING
PLANS, SPECIFICATIONS AND ESTIMATE OF
COST TO OPEN, GRADE AND PAVE THAT PART
OF NORTHWEST SECOND AVENUE LYING BETWEEN
LAKE TERRACE AND NORTHWEST SEVENTH STREET ....
WHEP~AS, the City COuncil of the City of Delray
Beach, Florida, may deem it to be ~.eoes~ary for the safety
&nd .convenience of the public to open, grade and pave that
Dart of Northwest Second Avenue lying between Lake Terrace
and NoTthwest Seventh Street, to a width of twenty-four
(2'4) feet, ihe City of Delray Beach, Palm Beach County,
Florida, to share in the cos~ of such improvement with
the owners of lasds abutting thereonj
NOW, THEREFORE, BE IT Pd~SOLVED by the City Council
of the City of Del~ay Beach, Palm Beach County, Florida as
follows:
SECTION 1. That the C~ty~anager '~.e required to
submit plans, speoificat~ons and' an estimate of the cost
of such improvement to b~ made, and that the same shall
be placed on file in the office of ~he City Manager.
PASSED AND ADOPTED by t~e Ci~ council of the City
of Delray BeaCh, F{orida on this the. day of
M A Y 0 R
ATTEST:
City Clerk .~
DELRA¥ BEACH CIVIL DEFENSE PLAN 1965
PREFACE
Civil Defense is an important part of ~he total program of
national security. It affects every unit of government and has
important implications for most aspects of the individual citizen's
daily life.
The best insurance against great loss of life and property
which a thermonuclear war could cause is to prevent the occurrence
of such a war. Until or unless arms control or disarmament
agreements can be effected, civil defense preparedness for war
remains a necessary insurance against possible annihilation. A
thermonuclear war may be triggered, either by design, miscalculation,
or accident, under frequently recurring international tensions.
Therefore, plans and organizations for the protection of the
civilian and his economy are in fact an essential component to our
total national defense. A civil defense preparedness program
should be developed as thoroughly as the resources of Delray Beach
will allow.
Since protection from radioactive fallout offers the best
chance of survival for the greatest number of people, a shelter
program for the citizens of Delray Beach will be an important part
of civil defense planning. The City government recognizes its
responsibility in providing, to the best of its ability, the
protection deemed necessary. The individual also has a concurrent
responsibility to himself, his family, and the community, to meet
individual survival requirements, including fallout protection,
without placing unnecessary dependence upon the City's resources.
Our plans cannot be based solely on the concept of saving
the maximum number of people during an attack. Those who escape
destruction must be sustained during the post-attack period.
Civil defense planning must include the emergency management of
all resources and the stabilization of our economy to promote a
speedy recovery from the effects of disaster. This means a high
degree of organization within the government for a smooth transition
from normal operations to emergency operations.
While shelter is the basis of individual preparedness and
for emergency government operations, provision must be made for
control of spontaneous evacuation, and for the direction of
remedial evacuation when and as conditions warrant. Strategic
or tactical evacuation is not recommended except in instances
where removal of nonessentials from probable or actual combat areas
may be necessary because of military operations either planned or
in progress.
The City of Delray Beach will actively support all civil
defense programs necessary. We must seek the best possible
solution to the problems confronting us in the nuclear era in
which we live. Plans, organizations and procedures for the safety
of the maximum number of people are the objectives of Civil Defense.
The conditions of possible nuclear disaster must be carefully
analyzed; the assumptions with respect to enemy and our own
military capabilities must be logically assessed; the impact and
effect of nuclear war on the public must be seriously evaluated
and the measures to reduce to an absolute minimum, loss of life
and property, disruption of government facilities and utilities
must be developed. These measures must be based on the personnel
and material resources available to get the Job done, and must be
mutually supported by all citizens of Delray Beach, but it must be
clearly understood that even the most carefully planned civil defense
can give no certainty of salvation for any given individual, family,
or city, from nuclear wars which may occur. Ail that can be
promised with any degree of certainty is that our plan will help
the nation, as a whole, survive.
With these thoughts in mind, we submit herein the Civil Defense
Plan for the City of Delray Beach, Florida.
O. W. WOODARD, JR.
CIVIL DEFENSE DIRECTOR
1.
PUblic Law
o~ th . /~920
3. and #6o6,
B. ~: ~ach ~esol,~pte~ 2¢9 Congress
-~on ~l~j See~lon 9, 19~1.
1. ~.~ P~°vld~
°~ganized asls for dst
OperaStons Delma~ Beach Civil Dele
neeemsa ,fnd_~he ~ed Pl ~e PS-so
2. The ps__~. ~ ,j~ erfec~3~a~natloannlag, ~ra n~el wl~h an
nat/on of a ~on o ~ function,and ~e----l~ng, and
P~eserva~lo. ~erna~. ~Stxnm ~. Ang durl~- ~ f~amework
- and l~s .. of ~-~ ~o fl~ ~er~en~ i? emerg~
~es~g.
~he
C. ~~..u, sea, ). = =~es, fi~es ~ods, ~orna~Oae
Pro~e c~
effec~ of e' e welfa.-
attack ~0~ "Y Chem~_~r the Cl~.. -
2. ~asures ob~ 1 the e~$~, Blolo~f. fesident.
Iu P~o~a~ ~ nable."'Pa°~ent o~, O~ Ra~t~atns~ the
)- T~ 3 of our , ~-'~ eme~e~-~z'Aod of -~ - aSlve
eap t
5, ~o aee~n When
- D. ~~ ]~ Of - -~Ao~ 0. ~, a~Ozz ~o
Wa~n °fractals and the gener
2. P~°v~de adequa
3. F~n~sh ~_ ~e co~ .... al Publ~. _~
~nCroll~.. Jprevenc~'~' neces, .... ~,~aon defe~_
-"~ ~raffl.~-"~ Crlme~-''Y. E~o_~TM of
~" ~' Safe~a~d~
Page 2
DELRAY BEACH CIVIL DEFENSE PLAN 1~6~ BASIC PLAN
4. Monitor radiation l~wels, evacuating areas having radiation
levels in excess of the established tolerance. Deny access
to areas so contaminated.
5. Establishment of traffic patterns and controls to expedite
personnel movement.
6. Establishment of holding areas, reception centers, personnel
decontamination facilities, and welfare centers. Determine
and designate areas and structures considered suitable for
refuge from blast, burn and radiation fallout.
7. Control, detect, combat and contain fires. Rescue persons
and supplies within the City subject to radiological reports.
Determine and designate areas and structures unsafe for
habitation or for operational purposes.
8.~ Impose restrictions on the distribution of all commodities
and supplies.
9. Augment all forces by conscription of residents and
evacuees,
10. Cause the removal of injured or ill persons from danger
areas to the possible extent.
11. Provide public information service.
12. Receive, r~gister, house, feed, clothe, care for, and
control persons displaced from their homes as a result of
enemy action. This includes provision for religious
affairs.
13. Insure that all divisions, departments, and services of the
City Government, its facilities, resources, and employment,
are effectively integrated, coordimmted and employed in
accomplishing the mission.
14. Preserve all resources and expand to the best of our
ability, the operational capability of the Delray Beach
Civil Defense Plan.
E. Situation:
1. It must be assumed that the enemy has the capabilities of
destroying targets within the United States and the State
of Florida. Delray Beach is located on the eastern coast
of Palm Beach County. It is bordered on the north by
Boynton Beach; on the east by the Atlantic Ocean; on
the south by Boca Raton; and on the west by un-incorporated
areas of Palm Beach County. Delray Beach is approximately
fifty miles north of Miami and eighteen miles south of
West Palm Beach. The City has no natural defense, making
it highly vulnerable to enemy attack from sea, air, or
land-based missiles.
2. Delray Beach has a developed beach which is separated from
the mainland by the intracoastal waterway.
3. There are two railroads which serve Delray Beach. The
Florida East Coast Railway runs north and south and is
approximately one-half mile west of U. S. Highway No. 1.
The Seaboard Airlines Railroad runs north and south and
is adjacent to the southern terminus of Congress Avenue.
page 3
DEL~A~_~H CIVIL DEFENSE PLAN 196~ BASIC PLAN
Both railroads are located inside the boundaries of Delray
Beach.
$. Delray Beach has three main highways running north and south
through the City, connecting it with Boca Raton to the
south and Boynton Beach to the north. The City also has
three main highways running east to west: namely, ~th
Street, N., Atlantic Avenue (State Road 806), and lOth
Street, S.
5. The City has a permanent population of approximately 15,000
persons which doubles in season. The past growth rate has
doubled each ten year period.
F. $.ssumptions:
1. In the event of a nuclear attack it is expected that Delray
Beach will be subjected to varying degrees of radioactive
fallout and/or explosives of thermonuclear megaton yield
by any one or combination of the following:
a. Aircraft
b. Underseas craft
c. Surface craft
d. Land-based missiles
2. Enemy attack would commence with a missile strike on our
retaliatory forces, followed probably by attacks on other
important military bases, with possible strikes against
large industrial complexes or population centers. Such
attacks could be launched at present with little or no
warning.
3. The primary threat to Delray Beach will be from fallout
caused by the detonation of nuclear weapons resulting from
attacks upon probable targets in Florida. Such attacks
might include the use of biological and chemical agents
instead of, or in addition to, thermonuclear weapons. Not
to be overlooked is the possible attack by enemy long-range
bombers from one to several hours after the initial missile
attack.
4. Fallout from surface or near-surface bursts of nuclear
weapons will present a direct hazard of considerable
proportion. This hazard might commence at any"timeafter
initial strikes depending upon attack patterns, proximity
to ground zero, and upper wind azimuth from the detonation.
5. Weapons used either singly or in combination will be of
sufficient yield to justify establishment of safety limits
within the conditions of local capabilities, prohibiting
commitment of forces, or the accomplishment of any major
survival effort within twenty-five miles of an area of
anticipated ground zero for at least twenty-four hours.
6. For planning purposes, the weight of weapons which will
be used against possible targets is assumed to be twenty
megatons.
634-~
Page $
DELRAY BEACH CIVIL DEFENSE PLAN 1965 BASIC PLAN
7. Damage and casualties in impact areas:
DAMAGE RADIUS OF TYPE OF PERCENT OF CASUALTIES
RING DAMAGE(MILES) DAMAGE DEAD INJURED UNINJURED
A 0 - 5 Total Destruction 100 ....
B 5 - 10 Total to Heavy 30 20 50
C 10 - 15 Heavy to Moderate 5 25 70
D 15 - 20 Moderate to Light i O 90
II. ORGANIZATION
A. ~D~position:
1. The City of Delray Beach is under the operational control
of the Delray Beach Civil Defense Council.
2. The City of Delray Beach Civil Defense Council is composed
of the City Council and the Director of Civil Defense.
3. The civil forces to which this plan refers are~those City
departments or agencies, and all other voluntary organi-
zations, together with their trained auxiliaries, which
are needed for the implementation of this plan and
augmentation of the above forces.
~. The Civil Defense Director is appointed by the City Council
and confirmed by the Delray Beach Civil Defense Council.
His term of office shall be at the pleasure of the aforesaid
officials. The Director shall appoint his own staff.
5. The Delray Beach Civil Defense Council has a direct
relationship upward with the Palm Beach County Civil Defense
organization, the South Florida C. D. Area, and the Florida
State C. D. organization. It has lateral relationship with
other municipal C. D. organizations in Palm Beach County.
B. Responsibilities:
The chain of a~thority to be followed in the employment~
control, and acministration of civil defense forces durmng an
emergency in the Delray Beach Civil Defense area is as follows:
~'~ 1. Civil Defense Council
t 2. Civil Defense Director
i! 3. Civil Defense Staff consisting of:
a. Deputy Director for Communications
~ b. Deputy Director for Welfare
c. Deputy Director for Engineering
d. Deputy Director for Medical Services
e. Deputy Director for Transportation
f. Deputy Director for Safety
g. Deputy Director for Law Enforcement
Page 6
DELRAY BEACH CIVIL DEFENSE PLAN ~965 BASIC PLAN
D. ~esponsibilities:
1. General
All citizens of Delray Beach by virtue of their inherent
obligation to the common defense are jointly responsible
for the civil defense and management of essential resources
under conditions of emergency. Pro£essional, labor, service,
religious, civic, and social organizations are responsible
for making such contributions to the community survival as
may be possible.
2. State Government
Federal law places joint responsibility for the conduct of
civil defense operation on the states and their political
subdivisions, and the United States. State civil defense
plans for the conduct of emergency operations establish
the functions and operational procedures to assure the
survival of the citizens of the state. In the event of a
civil defense emergency, the State Civil Defense Council
will direct all emergency functions necessary to protect
the citizens and to insure the continuity of the political
subdivisions thereof.
3. 0ount¥ Government
Palm Beach County shall be responsible for the establishment
and the implementation of a Civil Defense Plan for the
county and its application to Delray Beach. This will
include, but is not limited to:
a. Warn officials of threatened attack
b. Maintain communications
c. Furnish forces and equipment when and where possible
upon proper request bY the Delray Beach Civil Defense
Council
d. Other functions as defined by the Palm Beach County
Civil Defense Plan.
$. CitM Government
Delray Beach is responsible for appropriate plans for
the protection of the personnel of its governmental
departments and all facilities, equipment, and supplies
pertaining thereto, including essential records and
documents of operational and historical value, against
the effects of enemy attack; for the continuity of its
civil government in accordance with the laws of Florida
and established practices; for the continuance of all
government functions required for emergency action; for the
protection of the people within its responsibility and
jurisdiction; and for a continuing program to inform the
public on the elements of personal survival.
Page ?
DELRAY BEACH CIVIL DEFENSE PLAN 196~ BASIC PLAN
5. Civil Defense Director
The Civil Defense Director is vested with the authority
and the responsibility to carry out the mission of this
plan; is responsible for the execution of all orders
of the Delra¥ Beach Civil Defense Council applicable to
this plan; and is responsible for coordinating the
activities of all operational units of the Delray Beach
Civil Defense Organization.
III. CONCEPT OF OPERATIONS
A. Basic Policies and General Principles:
1. The concept of emergency civil defense operations within
the City of Delray Beach in the event of threatened or
actual enemy attack, or other disaster, will be based on
the following policies and general principles.
a. That civil defense operations rest upon the principle
of self-protection by the individual, extended to
include mutual protection of all citizens of this
city, the responsibility for which must be shared by
the local government.
b. That in the event of enemy attack, all public and
privately owned resources and facilities of the
city will be dedicated to the survival of the people of
Delray Beach: for the recovery of its potential;
for the continuity of its legally constituted govern-
ment; and to assist other communities which have
suffered damage.
c. That during emergency civil defense operations, the
City of Delray Beach has the obligation to commit and
to utilize in the public interest and to the extent
necessary and prudent, all forces, resources, and
facilities within its jurisdiction to cope with the
emergency situation then existing, before requesting
assistance from the next echelon of control.
2. The general concept of civil defense operations within
t this city is to save as many lives as possible in the
event of enemy attack or other disaster, and to assure a
rapid recovery from the effects thereof.
B. EmerEenc¥ Powers:
1. The powers and authority granted to the City of Delray
Beach are set forth herein:
a. Section 252.09, Florida Statutes 1951 - Florida Civil
Defense Act (Laws 1951, C.26875, Section 1).
b. Delray Beach Resolution No. 1496
page 8 -M C,'Z~'IL~ of the several
- ope~a~h the ~ivil De~'~ ~ ~ _ +aRe she~_
G~ . ~_~ ~ _ ~0' ~' _ ~0~
~-utinue ~' dis ar~
. ~.~ hereby .~udi~i~~,
~11 have ~"- . , of extreme emer~e~a'
Sta~~ ~ S~a~e of Fl°r~
withlU ~"- outside
oPCO~ 1. S~ate of emergenCY
Florida ·
oPCO~ 2. 8ta~e of mayoral
oPOO~ 3. increased readiness buildUP'
oPCO~ 4. ~ormml everyda~ opera~ionS'
-~d simul -~e exceP
oPCO~ 5. ' va~ s~a ' ·
~ act~.~_ of the
~ n~O0~S may b'v ~o~u,~ ~ts aP~.~.~
o~e or severa~ T~ ~ for a~.~e~ide ~-~eriOC
effect~_n~' ~be s~a~e' .~ ~ece{~ in e~'~
Page 9
DELRAY BEACH CIVIL DEFENSE PLAN 196~ BASIC PLAN
E. Execution:
-'~ 1. OPCON 1
a. Meaning: The existence of conditions of extreme peril
to the safety of persons and property within the
state caused by enemy attack or when upon the advice
_ of proper authority, such attack is ~_mminent or
threatened.
b. How Initiated: By proclamation by the Mayor of Delray
Beach or the governor of the state upon the declaration
of a national emergency by the President,or by a
declaration of war by the United States Congress; or
immediately and automatically with or without a
proclamation whenever this state is attacked by an
enemy of the United States,or upon receipt of warning
in the state from proper authority indicating that such
an attack is imminent or threatened.
c. Automatic Actions:
(1) Place emergency civil defense plans and procedures
in effect, including shelter-use plans.
(2) Activate and man emergency operations center.
NOTE: if unable or inadvisable to man designated
E.O.C., report relocation to Palm Beach County
E.O.C.
(3) Conduct civil defense emergency operations
according to plan and such other orders and in-
structions as may be received from time to time
from higher authority.
(4) Make situation reports immediately and automat-
ically to Palm Beach County E.O.C. as follows:
(a) Enemy strike information as it becomes known.
(b) Number of persons dead or injured.
I~l Damage assessment.
Radiological fallout situation in city.
(e) Highway traffic conditions in city.
.... (f) Number of p~ersons sheltered (by location).
~ (g) Number of persons without shelter or evacuated,
and evacuation routes and receiving juris-
diction.
! (h) Other conditions affecting operations
including acts of sabotage, subversion, etc.
(5) Keep public fully informed on all matters affecting
their safety, health and welfare, and issue
instructions for their continued survival and
role in the recovery effort.
2. ePCON 2
a. Meaning: The existence of conditions of extreme peril
to the safety of persons and property in areas outside
Page 10
DELRAY BEACH CIVIL DEFENSE PLAN ~96} BASIC PLAN
the borders of Florida - to include continental United
States, Alaska, Hawaii, and all U. S. possessions -
caused by enemy attack, or when upon the advice of
proper authority such an attack is imminent or threat-
ening to these areas.
b. How Initiated: By the Mayor upon the advice of the
Civil Defense Director or the Delray Beach Civil Defense
Council that any of the conditions within the meaning
of the OPCON threatens or exists; or automatically
without a proclamation by the Mayor when such condition
occurs without warning.
c. Automatic Actions:
(1) Activate emergency operations centers and implement
civil defense plans and Standmr~ Operations
Procedures, including the activation and manning
of control centers, and the readiness to initiate
the shelter-use plans and movement of the popu-
lation to public or private shelters as the
situation requires.
(2) Call to service all local civil defense forces,
including volunteer workers, service reseryes,
and auxiliaries, and advise them of the current
situation, and of any other pertinent instructions
from h~gher authority which may affect local
operations. If the general situation permits, then
release to normal activities all civil defense
personnel and other workers not required for local
operations or tasks in support of operations in
areas outside the city.
(3) Maintain alert and ready for service, suffic~entc~vil
defense for~es-to.effec~ .communicatiOns for'-leaat
operations'an~with the next highe~ echelom.of control
(~) Be prepared at all t~mes to conduct full scale
civil defense operations.
(5) Transmit promptly upward all information and/or
intelligence relative to enemy action within the
. city, including conditions affecting chemical,
biological, and radiological defense operations,
and acts of sabotage, subversion or other
clandestine activities.
(6) Keep the public fully informed of all conditions
affecting their safety, health, and welfare, and
other such requirements for the support of national
operations or assistance.
3. OPCON 3
a. Meaning: State of Natural Disaster means the duly
proclaimed threat or existence of ex'creme peril to the
safety of persons and property within the cit~caused
by such conditions as fire, flood, storm, epidemic,
earthquake, or other conditions except as a result of
Page 11
DELRAY BEACH CIVIL DEFENSE PLAN 196~ BASIC PLAN
war-caused disaster;~.W~tch conditions by reason of
their magnitude and severity are, or are likely to
be beyond the control of the services, personnel,
equipment, and facilities of this city, and which
require the assistance from the county or the state.
b. How Initiated: By the Mayor upon the advice of the
Civil Defense Director or the Delray Beach Civil Defense
Council that any of the conditionswithin the meaning
of the OPCON threatens or exists, or automatically
without a proclamation of the Mayor when such condition
occurs without warning.
c. Automatic Action:
(1) Carry out Standard Operatio~ Procedures for Natural
Disasters.
$. OPCON $
a. Meaning: Increased readiness buildup of the Delray
Beach civil defense posture to meet demands for carrying
out sustained emergency civil defense operations.
b. How Initiated: By proclamation of the Mayor, by and
with the consent of the Delray Beach Civil Defense
Council, or by the governor upon declaration by the
President of a period of international tension, or
upon a declaration of a limited war by the United States
Con6Tess.
c. Automatic Actions:
(1) Review operational survival plans and StandAr~
Operation Procedures for manning relocation sites
and emergency control centers and where appropriate,
choose alternate~plans.
(2) Notify key city officials of the situation and of
the necessity of checking and bringing succession
lists up to date.
(3) Complete the movement of essential operational
documents and records to relocation site if the
situation demands.
(~) Prepare the Emergency Operations Center for
sustained operations in accordance with Standard
Operation Procedures.
(5) Review existing rosters of augmented civil defense
personnel, and where the need exists, increase
recruitment and organizational assignments of such
personnel as may be required to perform assigned
missions.
(6) Test communication systems between the city and
the county Emergency Operations Centers, and where
the need exists, increase communication capacity
consistent with planned requirements.
(7) Review resources control plan and where the need
exists, conduct orientation and familiarization
courses to assure success of planned operations.
Page 12
DELRAY BEACH CIVIL DEFENSE PLAN ~96~ BASIC PLAN
(8) Notify shelter managers to check over supplies,
equipment, etc., as to adequacy based on number
of persons in each shelter group.
(9) Prepare all public shelters for occupancy and
check on adequacy and functional condition of
equipment and supplies.
5. OPCON 5
a. Meaning: Normal everyday operations.
b. How Initiated: By the Mayor.
c. Automatic Actions: Conduct normal everyday operations
except when otherwise directed by the City Civil Defense
Director.
F. T~me:
Greenwich Civil Time (Zulu) will be used for all operations
except when otherwise directed. (Time Conversion Chart
Appendix B)
G. Directors of Services:
1. Are Deputy Directors to the City Civil Defense Director and
authority is delegated to them in matters pertaining to
their specific responsibility, subject to the policies and
directives of the Director.
2. Ar9 ~espo~si~e for advising ~h~ Director l~.ma~ters.
re±a~ing ko ~neir servxces ant zor Eeeping ~ne uirec~or
informed as to conditions and situations of their services
as they affect the City operations.
3. Are also responsible for:
a. Staffing and activating each service or division of
the Delray Beach Civil Defense Organization and for
keeping alert lists current, making such changes as
may occur from time to time.
b. Implementation of the Standard OperationsProcedures
covering matters normally the responsibility of their
service and division, and for insuring compliance with
procedures established within the particular Service
Annex.
c. Maintaining inventories of resources, equipment, and
supplies indigenous to their service which are reasonably
available and responsibility for the equitable re-
distribution of such material, equipment, and supplies
necessary to meet emergency demands of civil defense
forces.
d. Maintaining, to the extent possible, liaison and
communications Of other services and arranging for
communications of the service as provided for in Annex
I of this plan.
Page 13
DELRAY BEACH CIVIL DEFENSE PLAN ~965, .. BASIC PLAN
4. The duties and responsibilities of the various directors of
services, as set forth herein, are not intended to limit
the service in carrying out their assigned missions, but
rather to define specific areas of operations for each
service. Complete details of operation are set forth
in the service annexes, which are a part of this plan.
H. ~ecprity:
The Delray Beach Civil Defense Organization is responsible
for the security of its own personnel, equipment, and
facilities. Requests for augmentation of security forces are
to be forwarded to the next higher echelon of control, except
under the grave necessity rule, in which case requests will be
made to other local civil defense forces for the necessary
relief.
I. Safety Measures:
Protective measures against chemical, biological.or~radio-
logical~attack, and ether*~.hazards which endanger civil defense~
forces, are the responsibility of the Director for Civil
Defense. Detailed protective measures are set forth under
Annex III. Ail C.B.R. data collected shall be reported in
accordance with current instructions covered by Annex III.
J. Attack Movement:
This.plan is primarily based upon movement to shelter. Events
may develop, however, permitting strategic evacuation. When
this occurs, notice that existing conditions indicate the
desirability for strategic evacuation will originate with ~he
governor. This~warning~will~bepassed down through the County
Civil Defense Director. The Civil Defense Director on
receiving this warning is responsible for informing all Directors
of Services. He will:
1. Activate the Emergency Operating Center.
2. Relocate key government personnel to previously designated
sites.
3. Evacuate from the area on a voluntary basis, classes of
people not essential to the continued operation of vital
industry, commerce, or government, in the following order:
a. Children of school age
b. Mothers and infants
c. Medical, health and welfare personnel to staff centers
d. Personnel not essential to continued operation of
government or industry
e. The aged and infirm
f. Inmates of sanitariums, hospitals, nursing homes and
institutions
g. Move.to storage areas those commodities needed to sustain
life
Page 14
DELRAY BEACH CIVIL DEFENSE PLAN 1965 BASIC PLAN
h. Move essential government, industry, institution,
hospital,and church records to areas of safety
i. Move to areas of safety, to the extent possible, those
resources vital to the survival of ~he people.
4. It is the Joint responsibility of the following services
to carry out the above procedures:
a. Engineering Service
b. Welfare Service
c. Health, Medical and Mortuary Service
d. Police Service
e. Fire and Rescue Service
f. Communications and Attack Warning Service
g. Religious Affairs Service
5. Authorities responsible for conducting strategic evacuation
shall emphasize the fact that the decision to STAY OR MOVE
OUT remains with the individual, except those persons who
have been institutionalized in mental hospitals and cannot
make this decision.
6. The Delra~ Beach Civil Defense Council assumes no
responsibility for the maintenance of persons removed
fr°m target areas during a strategic evacuation.
Arrangements for food and lodging must be made by the
individual, and all costs connected therewith shall be
borne by such individuals or heads of families normally
responsible for their care. Family survival kits should
contain food, medicines, water and all essential needs.
K. Post Attack Movement:
1. Following an attack, control of moving vehicle~ shall be
accomplished by the Engineering Service, and if necessary,
enforced by police. The movement of fire, police, and
rescue vehicles and ambulances is exempt from this control.
2. Movement of evacuees to welfare centers will be in convoy,
with the minimum number of vehicles carrying the maximum
number of people.
3. All persons suspected of having been exposed to radioactive
contamination shall, upon entering reception and care
centers for congregate care of billeting, first be directed
to a radiological decontamination station for a check of
their condition. If found to be contaminated, they shall
be decontaminated in accordance with standard procedures.
L. pelayed and Unconventional Weapons Effects:
1. Unexploded Ordnance. The Police and Fire and Rescue Services
are charged with the responsibility of conducting
reconnaissance for unexploded ordnance within their Juris-
diction. They will report the existence of such ordnance
to the Civil Defense Director for proper action. The police
shall restrict areas where such ordnance has been determined
to exist, and all persons endangered within the area shall
be removed to areas of safety.
634-GG
Page 15
DELRAY BEACH CIVIL DEFENSE PLAN 1965 BASIC PLAN
2. Clandestine Weapons. Ail services, agencies, departments,
etc., will report incidents of clandestinely introduced
weapons to the Civil Defense Director, who will report
this to the Federal Bureau of Investigation, through the
County Civil Defense Director.
3. .Chemical, ~iologipal A~en~sz.~n.d Radiation. The Delray
Beach C.B.R. Defense Division is responsible for the
detection and identification of areas contaminated with
radioactive fallout and reporting the areas so affected to
the Civil Defense Director. The Delray Beach C.B.R. Defense
will also detect, identify, and control chemicals and bio-
logical w~rf~re ~gents with%n their juFisdiction and repgrt
SUCh agents to the Civil Defense Director. The Civil Dezense
Director will advise the public, report the situation to
the nex~ echelon of control, and if conditions warrant,
evacuate the area.
Annexes:
The following annexes which are required for this plan shall
be compiled by the authority designated and will become a
part of this plan when approved by ~he Delray Beach Civil
Defense Director. The annexes when approved will constitute
the Standard Operations Procedure for the implementation of
the civil defense for Delray Beach.
Annexes
I. Communications
II. Law Enforcement
III. .Safety (Fire-Rescue Service)
IV. Engineering
V. Welfare
VI. Medical Services
VII. Intelligence Service
VIII. CBR - Shelter
IX. Resources Control
X. Administration
XI. Public Information
XII. Religious Affairs
XIII. Legal Service
XIV. Continuity of Government
XV. Natural Disaster
IV. ADMINISTRATION
A. General:
1. Administration during an emergency will be divided into
several levels, as follows:
a. Governmental, for continuity of vitally essential
activities at city level.
634-~
Page 16
DELRAY BEACH CIVIL DEFENSE PLAN 1965 , , . BASIC PLAN
b. Emergency Control Center, for providing office and
housekeeping services for operating center personnel.
c. Services, for the administration of personnel, records,
messa'e centers, bookkeeping, aHd ~ther ~d~inistrati~e
needs peculiar to the service.
d. Facilities, for administration of health and welfare
centers and other fixed activities.
e. Unit, for preparation of reports, maintenance of
records, maintaining schedules, and accomplishing other
paperwork needed by the unit.
2. Administrative procedures must be uncomplicated, records
simplified, and unnecessary duplication avoided.
3. With the suspension of normal business activity, office
supplies, labor-saving devices, and accessories may be
diverted from commercial establishments to emergency
government use. Distribution of office supplies and equip-
ment is normally the responsibility of the Deputy Director
for Administrative Services.
B. Personnel:
1. The maintenance of personnel records shall be a respon-
sibility of the chiefs of services until such time as
welfare, manpower, employment, and other personnel records
are consolidated under Resources Control ~Manpower) as
a centralized office.
2. Records of persons confined in the city jail will be
centralized in the police chief's office.
3. Records of treatment at medical facilities will be main-
tained where medical treatment is received. Outpatient
treatment will similarly be recorded. Records of
immunization will be filed with personnel files and noted
on identification cards.
4. When personnel are moved, or are permitted to move,
extracts of the personnel records will accompany them.
C. Reproduction and Distribution:
1. The number of agencies or enterprises authorized to
reproduce bulletinS, documents, circulars, diagrams or
other material for distribution, will be established and
controlled bY the Administrative Officer. One office Will
reproduce all published matter for the City government and
the Emergency Operating Center.
2. All matter reproduced for general distribution to the
public will eminate from, and be reproduced under, the
authority of the Civil Defense Director.
3. Control over the conservation and distribution is a
responsibility of the Administrative Officer.
[::;i: ::":;
Page 17
DELRAY BEACH CIVIL DEFENSE PLAN . 1965 BASIC PLAN
D. Request for Assistance:
1. All requests for assistance will be directed to the Palm
Beach County Civil Defense Director through the Delray
Beach Civil Defense Director.
2. Request to obtain assistance from agencies not in Palm
Beach County will originate with the Delray Beach Civil
Defense Director and be addressed to the Palm Beach County
Civil Defense Director, or the Deputy State Director,
South Florida Operational Area.
E. Revision, R~$sion o¥ Changes:
1. Changes to this plan will not become effective until
approved and promulgated by the Delray Beach Civil Defense
Council. Deviation from the policies, principles, and
procedures ~rescribed herein'is not aUthorized.
2. The existence of errors, need for revision or recision,
or recommended changes (whatever the nature), will be
brought to the attention of the Delray Beach Civil Defense
Director.
O'i W. WOODARD, JR., DIRECTOR
DELRAY BEACH CIVIL DEFENSE
'1.'2.00 ~~'-~"'""'--'-'-"~ 0800 ~
'" "1,.'300 _._..._.._.~-.-~--"" 0900 .-----'-
'i~ 1000
-"~'~"~"~' ~ 1100 m
1600 ~
DELRAY BEACH CIVIL DEFENSE PLAN 1~6~ APPENDIX B (CONT.I
TIME CONVERSION CHART
Greenwich Eastern Standard
Mean Time Time
1700 1200
Noon
1800 1300
1:00 pm
1900 1~00
2:00 pm
20OO 1500
3:00 pm
2100 1600
4:00 P~
2200 1700
~:00 pm
2300 1800
6:00 pm
0000 19OO
7:00pm
O001~ 1901
?:01 pm
·NOTE: O001 EST is the first minute of the new day; i.e.,
7:00 pm EST, 0000 (ZULU), and 1900 EST are
equivalents.
634-LL
~OL~TION NO. 1497.
A KESOL~TION OF THE CITY COUNCIL OF TI{E OITY :$F DEL~Y
BEACH, FLORIDA, ASSE~'~NG COSTS FOR ABATING '~ANCF~
UPON CERTAIN LANDS LOCATED WITHIN SAID CITYt.- SETT~/~G
O~T ACTUAL COST~ INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF ~AID NUISANCES, AND DECLARING SAID LEVY TOBE A LIEN
UPON ~A.ID PEOPERTY IN AN AMOUNT AB SHOWN BY REPORT OF
THE CITY M~I~GER OF ~DELRAY BEACH, FLORIDA.
W~]~EAS. the City 0ouncil of the City cf Delray Beach, did~ in
regu'l~r~//~/ session held on ~he 22n~.gf' 09~O~r. 1962 &
i~}h 6~ Segt. & 12th of~Oct.,~1964 declare the existence of a ~ui-
'manes 'up'o~er'~'ain x~ta ~r parcels of land, described in a list Sub.
mitred to them, for violation of the provisions of O~dinanCe G-I~?}
~ WHEREAS, pursuant to such declarati°n, the City Clerk of said
'City did furnish each of the respective owners of. the lands describsd~
in said list with a notice describing the nature of the nuisance and
that they must abate Said nuisance within thirty (30} days~ failing
in which the City Council would have it done, and the cost thereof
would be levied as an assessment against said property; and
WHEREAS, the owners hereinafter named did fail and neglect to
abate the nuisance existing upon their respective lands within the
time prescribed in said notice and Ordinance G-147, and the City of
Delsey Beach was required to and did enter Upon the following lands
and incur costs in abating the nuisance existing thereon as described
in'the aforesaid list~ and
WHE'~S, the City Manager of the City of Delray Beach, has, pur-
suant to said Ordinance G-I~? and the City Charter submitted to the
City Council a repox-t of the coats incurred in abating the nuisance
aa aforesaid, said report indicating the costs per parcel of land
involved,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOW~s
1. That assessments in the individual amounts as shown by the
report of the City Manager of the 0ity cf Delray Beach, involving the
City's coat of abating the aforesaid nuisances upon the lots or pam-
cels of land described in said report, a copy of which is attached
he~eto and made a part hereof, are levied against the parcels ef land
described on said report and in the amounts indicated thereon, Said
assessments ac levied shall be a lien upon the respective
lots and pamcels of land described in said report, of the sa~e
nature 'and to the same extent as the lien'for general city taxes and
shall be collectible in the same manner and with the same penalties
and under the same provisions aa to sale and foreclosure aa city taxes
are collectible.
2. That the City Clerk of said City shall, aa soon aa possible
- after the effective date, recc~d a certified copy cf this ~esolutlon
in the office of the C~erk of the Circuit Court in and for Palm Beach
County, Florida, and shall furnish to each of the owners named in and
upon said x-sport a notice that the City Council of the City of Delra7
Beach, did, on the 8'2nd ~f Oct.. 1962 & lkth of Sent 12th'of Oct 1964
order the abatement of a cer%a~n nuisance ex~stlng on their described
property and property owne~ having failed to abate such nuisance,
within the 30 da2 period, 'whereupon it was abated by the Ci~' a~ costa
sho~m in said report and such assessr~ents shall be legal, ~e,l~d. a~
binding obligations upon the property atainat Which e~ a~~
are 'levied. This resolution shall bec°~ effective 30 days f~om ~
date of adoption, and the assessments c~ntained herein shalX become'
due and payable th~ty days after the mailing date of the notice cf
said assessment, afte~ which interest shall accrue at the rate of 6%
pe~ annum on any unpaid portion thereof.
634'NN
COST OF ABA~ING .NUISANCE UNDER 0RD,I. NANOE. NO. G-147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
0ct~be~.::22nd, ,t962'.tis,t.
South 95 feet of West haIf
of No'rthwest quarter of,
Lot 9 less West 167.46 feet
& less East 25 ft.
Section 8-46-43 Wm. M. & Betty R. Hunt $125.00
September 145~, I964 list.
West 125 f~e~ of North 100
feet of Ocean Beach Lot 32 Lucie M. Robbins, et al $550.00
0ctober. 12th~ 19~ list.
Lot 5, Ocean Breeze Estates Sarah E. Twyeffort $350.00
I~SOLU~ION NO. 1499.
A RESOLDTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ORDERING THE OPEN-
ING, G~ADIN~ AND PAVING OF THAT PART OF NORTH-
WEST SECOND AVENUE LYINGBETWEENLAKE TERRACE
AND NORTH~ST SEVENTH STREET.
WHEREAS, the City Council of the City of Delray Beach,
F10r~da, di~, on the .14th day of December, 1964, adopt Resolution
No. ~498 ordering the City Manager to prepare plans and sepcifi-
cat%0ns, together with estimate of cost of opening, grading and
paving of that part o.f Northwest Second Avenue lying between Lake
Terrace and Northwest ?th Street to a width of twenty-four (24)
feet,' and requiring said plans, specifications and estimate of
cost of such improvement to be placed on file in the office of the
City Manager, and
WHEREAS, the City Council deems it to be necessary for
the safety and convenience of the public to open, grade and pave
said street,
NOW, THEREFOr..,,. BEt IT. ~so~vEp by the City Council of
the City of Delray .Beach~"~lO='i~a'~' tha't~it is determined to make
the following described improvement, to-wit:
west ' Sea°nd' ~,V~nu,e" ~ing. ~e'~ween"
~an~'~NO~h~es~'~S&~enth street to a~idth.~'f''
t~...~t.'.~.ff0:~.. '('~'j'":~e~:t ;' the.. :~0ta! e0s't as": ":'
iSti~a~:d,' ~or ~e~ 'impr°Vement bsing ~1, ?00.00.
.~ .Z~ ~R ~D that the entire cost. of
,(80:) ~r. cent ~'~'~a~d ~tal' c~st,' 'by special. 'a~Sb'~n
i... ': .'" ':~' .Lo~' 4;:'"-~!0~i,.2A,' L~e.: view ~ei~h~s '" ....
Lot 10, Bl~ck ~,.~ke View. Heights
~6otage~ of.' the, res~ctiv~ '~ope'~'ies as set fd'~th~ i~ia~el'~ ~'bove.
BE :IT ~T~: ~SOL~D ,that said s~cial .assessments
against al~ 'th&J~Ar~ls:'"o~"~an~;' as: ~et ~for'th ~a~o~e ~ich
specially ~f~'d';' ~iI 'be an'd'r~tn' liens 'Su~eriO~ in dignity
ian~ asses~'e~, '~i'~a'~h~'Uh a~'11 .~ea~ i~eres:% at t~ ~te~ o~ eight
(8) per cen~ ~r ~nnum,, an~ ~i~ maz ~ paid ~ th=es (3)
~. r~y. _~s,%ail~em~s' ~ 'acc~ed int~=es~ 6~a'll defe=r~~ '~nts.
', ...... . :~" :-':>'. , :.z.. ' ";.f(t' ' :;:'- .', ~s. '_~".:' '~',- ' . . . . ,: ,,'-"' .:.:.,:.. ~: .~ .. ,. .
Page 2, RESOLUTION NO. 1499.
Payment shall be made at the same place that taxes payable to the
City of Delray Beach, Florida, are paid, namely the office of the
City Tax Collector, and upon failure of any property owner to pay
the annual installment due, or any annual interest upon deferred
payments, the City of. Delray Beach may bring necessary legal pro-
ceedings by a Bill. in Chancery to enforce payment thereof with
all accrued interest, together with ail legal Costs incurred, in-
cluding a reasonable attorney's fee._ The total amount of any lien
may be paid in ful! at any time with interest from the date of
assessment.
IT IS ORDERED that the. City Council shall sit at the
City Hall in the City of Delray Beach, Florida, at 8:00 P.M. on
the 28th day of December, 1964, for.the purpose of hearing objec-
tions,' if any, on said proposed improvement, as set forth above.
PASSED AND ADOPTED by the City Council of the City of
Delray Beach, Florida on this the 14th day of December, 1964.
MA'YOR
ATTEST
' a ty cier .....
RESOLUTION NO. 1500.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUIRING
PLANS, SPECIFICATIONS AND ESTIMATE OF
COST TO OPEN, GRADE AND IMPROVE THAT PART
OF HOMEWOOD BOULEVARD LYING BETWEEN HIGHLAND
AVENUE AND LOWSON BOULEVARD.
WHEREAS, the City Councilor the City of Delray
Beach, Florida, may deem it to be necessary for the safety
and convenience of the public to open, grade an~ improve
that part of HomewoodBoulevard lying between Highland
Avenue and Lowson Boulevard, to a width of twenty-four (24)
feet, the City of Delray Beach, Palm Beach County, Florida,
to sharein the cost of such improvement with the owners
of lands abutting thereon~
NOw,.THEREFORE, BE IT RESOLVED by the City Council
of the City of Delray Beach, Palm Beach County, Florida as
follows:
SECTION 1. That the City Manager be required to
submit plans0 specifications and an estimate of the'cost
of such improvement to be made, and that the same shall be
placed on file in the office of the City Manager.
PASSED AND ADOPTED by the City Council of the City
of Delray ~each, Florida on this the 14th day of December, 1964.
c.
MAYOR
ATTEST:
City clerk
RESOLUTION NO. 1501.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ORDERING.THE OPEN-
ING, GRADINGAND IMPROVING OF THAT PART OF
HOMEWOOD BOULEVARD LYING BE~EN HIGHLAND
· AVENUBAND LOWSON BOULEVARD.
WHERF2%8, the City Council of the City of Delray Beach,
Florida, did, on the 14th day of December, 1964, adopt Resolu-
tion No. 1500 ordering the City Manager to prepare plans and
specifications, together with estimate of cost of opening, grad-
ing andimproving that part of Homewood Boulevard lying between
Highland Avenue and Lowson Boulevard to a width of twenty-four
(24} feet, and requiring said plans, specifications and estimate
of cost of such improvement to be placed on file in the office
of the City Manager, and
WHEREAS, the City Council deems it to be necessary for
the safety and convenience of the public to open, grade and im-
prove said street,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Delray Beach,. Florida, that it is determined to make
the following described i~Pr°vement, to-wit:
OmO0peh, ~radeand i~prove'tha~ par.tof '..
~°~::Bo~le~ard:"l~ing'.betWeem Highland
A~enue :an~.LoWS°nBoul~vard: ~o~a Width, of
%we~t¥-.foU~.(24.) feet~'..the t0t~l Cost Of
te ia a. a "eiti at d, a 'improvement
being $8,200.00.
BE.IT ~RTHER.RE~OLVED that. the entire 'cost.for materials
of such ~mprovement shall be ~hared b~'the City.of Delray. Beac~,.
Florida,and~he f611owing described propezt~Les ~n De,ray Beach
Palm Beach CO~nty,~lo~fda,on a basis Of the city of' De~ra~..~ach
ying forty"(40) e :'cent o 't e offhand;
the abutting property owners, ~aid properties Shown below, pay-
ing sixty (60') per cent of Said total cost, by Special assess-
ment.
RRORERTY DESCRI.PTION
Lots 1 through ? inclusive, Homewood Park..
That tract of land lying within the N.W.~
of SeCtion 19-46-43 bounded on the North bY
HOMEWOOD PARKS/D~ on the W~st'b¥ the east-
erly r'ight-of-way linc'of Homewood~Boulevard~
and on the South bY the East-West center line
The west .80feet of the East.half of the'West
hal~.of SectXonlg-46.43 !ying between the
~ast-Weet..center line of said Section
and ~he N6rth ~ight-of-way line of Lowson Boulevard.
said benefits, tO:.be~'~ete~min~~' and prorated a~cor~ing to the
front.footage Of'~the reSpectiVe properties aa ae~ [~rth im-
mediately above. ': .' ' ' '
Page 2. RESOLUTION NO. 1501.
BE IT FURTHER I~SOLV~D that said special asseesments
against all the. parcels of lands as set forth above which are
specially benefited, shall beand remain liens superior in
dignity to all other liens, except liens for taxes, until paid,
from the date of the assessment upon the respective lots and
parcels of land assessed, and which sha!l bear in~erest;&t the
rate of eight (8) per cent per annum, and which may be paid in
three (3) equal yearly installments with accrued interest on
all deferred payments. Payment shall be made at the same place
that taxes payable to the City of Delray Beach, Florida, are
pa~d, namely the office of the C~ty Tax Collector, and upon
failure of any property owner to pay the annual installment due,
or any annual interest upon deferred payments, the City of Delray
BeaCh may bring necessary legal proceedings by a BAll in Chancery
to enforce payment thereof with all accrued 'interest, together
with all legal costs incurred, including a reasonable ~ttorney's
fee. The total amount of any lien may be paid An full at any
time with interest from the date of assessment.
IT IS ORDERED that the City Council shall sit at the
City Hall in the ~City of Delray Beach, Florida, at 8:00 P.M.
on the 28th day of December, 1964, for thepurpose of hearing
objections, if any, on said proposed improvement, as set forth
above.
PASSED ANnA D OPTED by the City Council of the City of
Delray Beach, Florid& on this the 14th day of December, 1964.
/,.s/ ,,AL. ,C. AV~, RY
MAYOR
ATTEST:
....
City Clerk
O~DI~Nr.~ NO.
AN 'ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY'
OF DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION
5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS
ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LANDS; PROVIDING FOR TH~ RIGHTS
AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR
THE ZONING THEREOF. (200'5 N. W. 3rd Avenue & Part
of Swinton Avenue)
WHEREAS, BRUCE B. WENZEL and MARGARET N. WEN~EL (his wife}
are the fee simple owners' of the property hereinafter first
scribed, and
WHEREAS, BRUCE B. WENZEL, and MARGARET N. wENZEL {hAS
wife), by their petition, have consented and given permission
the annexation of said property by the City of Delray Beach, a~'
~H~EREAS~ the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 185.1 of the
City Charter of said City granted to it by the State of Florida~
mw, ~REFoRE; BE' ~T O~i~O aY ~ CI~ CO~CIL OF
iS~'JT~ON ~-~-~i:' '~t ~e City c6unCii o.f 'the' c!tyi'of Delray
Beach, Palm B~a~h count~, FlOrida, .hereby "annexes to sai~ City
the folloWEng describ~ ~racts..of. land.l°cated in pal~0...Beach
County, Fla,!da., .' whi:ch'' lie. c~n'tigUousi.:to- said :City;
46.,"So~'~/x;' :Rang~43 East, Palm Beach CountY;
FI6rida; de~cr£bed~ as follows:
.Lot .3.1, Lake Shore Estates, ~er Plat Rook
. 25, :~age 26, Public 'Records of Palm Beach ' '
County, Florida.
The ER.st ~0r~ty (40) feet of the $½. o.f the
S~ of"the SE~. of r.s..e~tion 5., To'ship 46
Sdu..th.'', 'Range' 4~ East as ,appears on' Flat
" ofLake Sho~e Estates shush in PlAt Book
25, Page 26, filed in the Public Records
of .palm Be~=~ c0~nty, ~o'rida'~ ' . ' '
' : SECTibN' ~2'i '~Th~at ~he boundaries' of the' ~i~y Of 'Delr'~'~
Beach, Florida., .are .hereby redefined so as .to incl~de.~there!n
the above '~esc~i~e~'"t~ACts..and pa'rcelB of land, afld
are hereby ~[~lared"to be w~thiA the' corporate limits of the
City of Delr~.y Beach,. 'Florida. .-.
SE_CTION__3. That the tract o~ land hereinabove, first
as defin~'d' hY~ eAis't~ng '~"~dina-nc~s Of'the 'C~ty '~f '.~I~a~"i~ach,
Florida. ~ _
Page 2. Ordinance No. G-577.
SECTION 4. That the lands hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, 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 competent 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 l~th day of Deoe~bs~, 196~.
/s/ AL. O. AVEKf
MA'YOR
ATTEST:
,,/s/R. D.
City clerk
First Reading November_ 23, 196~
Second Reading Deoembs~ 1~, 196~
ORDINANCE NO. G-579.
AN ORDINANCE OF T~E CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIJ~A, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LANDS LOCATED IN
SECTION 21, 'TOWNSHIP 46 SOUTH, RANGE 43 EAST,
WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LANDS~ PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS~
AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, the owners, by their 9etition have consented
and given permission for the annexation of said lands hereinafter
first described by the City of Delray Beach, and
WHEREAS, the City of Delray Beach deems it to be in the
best interest of its citizens, and has heretofore been authorized
to annex lands in accordance with Section 185.1 of the City Char-
ter of said City granted to it by the State of Florida~
NOW, THEREFORE, BE IT ORDAI. NED BY THE CITY 00~NCIL OF
THE CITY OF DELBAY BEACH~ FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray
Beach, Palm Bea~¢h County Florida, hereby annexes to s.&id City the
following described lands located i~ Section 21, Township 46 South,
Range 43 'E~ast, Paim Beach County~ Fiorida, which lie 'coRtiguous to
saicl City,' to,Wit:' ~
1. West .16 feet of LOT 6 & East 69 feet of LOT
North .45 feet of LOT 10 & .SOuth 45 feet of' LOT ~!1~
LOT 12. & North 25 'feet of LOT 11~
East 45 feet of LOT 15 & west 45 feet of LOT 16~
East 30 feet of LoT 16 & West 60 feet of LOT 17~
LOT
LOT 24~
LOT 28 ~& South 25 feet of LOT 29~ and
LOT .36 & East 15 feet of LOT 35, DEIA~AY BEACH SHORES,
per Plat Book 23, Page 167, PubIic Records of PaLm
Beach County, Florida.
2. RightS,of-way of white Drive and Rhodes-Villa Avenue
as shown on PLat of DELRAY BEACH SHORES, per Plat
Book 23, 'Page 167, Public Records of Palm Beach
county, Florida. ~ .
SECTION 2. That the boundaries of the City of Delray
Beach, Florid.a,. are'hereby redefined so as to include therein
~t. he above descri-be~ lands, end said' lands are her..eby declared
to be within the corporate, limits of the City 'of .Delray Beach,
Florida .
SECTI. ON 3. That the above identified lots in Delray
Beach Shores are hereby., declared to be in Zoning District R-1AA,
as define~'by, existing ordinances of the iCity of De!ra'Y Beach,
Florida.
634-~
Page 2. ordinance No.
~ECTXON 4. That the lands hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts (excep~ the existing bonded indebtedness),
obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be, and persons residing
thereon shall bedeemed 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.
Passed in regular session on the second and final reading
on this the 14th day of December, 1964.
........ MA~R
ATTEST:
City Clerk
First Reading ..N~em~er 23, 1964.
Second Reading December..14,.1964 .