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02-11-63 ¸23 FEBRUARY 11, 1963. A regular meeting of. the City Council of Delray BeaCh wa~ held in the Council Chambers at 8=00 P.M., with Mayor Walter Dietz i.n the Chair, City Attorney John Ross Adams and Councilmen A1 C. Avery, Emory J. Barrow, George Talbot0 Jr., and Oliver W. Woodard, Jr., being present. 1. An opening prayer was delivered by Dr. Stiles B. Lines. 2. The minutes of January 28th, 1963 regular meeting were unanimously approved on motion by Mr. Woodard and seconded by Mr. Barrow. 3. Mrs. Helen Voit of Miramar Drive informed the Council that she had read statistics that the City income of last year Was considerably greater than the income of the prev.ious year, and asked what was done with the increase, and why there was no tax reduction. It was sug- gested that the City Manager be authorized to have' the financedirec- tot give Mrs. Voit said information from the City Budget and Audit. Mayor Dietz stated the increase in income was about $135,000.007 that $70,000.00 went to pay, o~ a two year basis, a deficit on the N. 2nd Street Drainage outfall, and that $38,000.00 was used for an in- crease in salaries. Mrs. Voit further asked that if, with the present set-up in the way Delray Beach is run, it is possible to have a reduction of taxes re- gardless of the surplus money that there may'be. During further dis- cussion, it was noted that the increased income did not mean that there was a surplus of money. Mrs. Voit further suggested that in the future, no construction be carried on, particularly on the beach, during the months of the winter season. It was noted that there was a city ordinance concern- ing the control of hours of construction, but to stop construction would affect' the economy of Delray Beach. 3. Mayor Dietz announced that there had been two test concerts that were very favorably received indicating that there was an interest in the Delray Beach area. Mayor DietZ then read a Proclamation con- cerning musical concerts and stated that the committee directing this activity is seeking the approval of the City Council and of the Chamber of Commerce, after which they will seek the approval of all Civic Organizations in Delray Beach, and after receiving approval from all of these organizations, they will then incorporate. Further, that they have been offered the services of one of the largest firms in the United States that will assist in collecting funds for the concerts, and that a year's funds will be ~aised in order that there will be a concert each month for one year; that the City is not asked for any funds, but they are asked for the use of the City Park and Band Shell and assistance as was given for the two previous concerts. Mr. Avery then moved for approval of said Proclamation, the motion being seconded.byMr. Barrow and unanimously carried. It was noted that Mr. Hugh Vogl, Mr. David Nogle and Mayor-Dietz had spearheaded this project and they were applauded for their efforts. 3. Miss Diane Knudson informed the Council that Seacrest High School is planning on having an exchange student an~ to do'this they would need $700.00, which they have,..an~ that they would also have to in- stitute a Chapter of t~e'American Field Service whcse officers would be made up of adults as well as students. Further, that the Council and other organizations in Delray Beach are being contacted in order that people may become interested and assist in this undertaking. Miss Knudson announced that there will be a meeting, February 19th at 12 noon in Room 32 at Seacrest High School for information concern- ing the formation of said Chapter. Mr. Avery and Mr. Talbot expressed their interest in attending said meeting. 2-11-65 4. There was no Beautification Coordination Committee Report. 4.a. A roll call showed that the followi'ng Civic Organizations and representatives were in attendance. Chamber of Commerce Mr. Kenneth Ellingsworth Board of Realtors Mr. Richard Jebb League of Women Voters Mrs. Charles Cross Breezy Ridge Estates Mr. John Sword Women's Club Mrs. L. E. Buel Seedling Garden Club Mrs. John K. Glessner Business & Professional Women's Club Mrs.Alyce Husa Planni~ng/Zoning Board. Col. A. L. Fabens 5. City Clerk Worthing read a letter, dated January 30, 1963, to f4ayor Dietz from Mr. Irving M. He,ward who is~a member of a Community Improvement Committee of Upper Montclair, N.J,, concerning City of Delray Beach method of the use of parking meters, and Mr. Worthing wa~ to reply to said letter.' '5. Mr~ .Avery commented as follows: "! think the public ~should be-in- terested.~in knowing, 'with our up-~oming sewer program~? ~that .the City Government is doing all in its power to inform itself as to best materials to be used, because the Engineers will recommend, but we have to .make the policy decisions. I~ keeping with this attemp_t to inform oUrselves, we .have arranged, at no expense.to the City, for .awo Commi.ssioners, Mr. Barrow and myself and the City M~n~ger and City Engineer to go to Birmingham, Alabama this coming-Priday for a demonstration on cast iron pipe. In approximately two ..weeks..~here will be available to us, much closer we hope, a demonstration on~ concrete pipe. I think the public should know· that ~h~-~.fficials are trying to inform themselves so that we can gi~e. ~he City the best for Mr.' A~ery further stated that since the Cit~. Manager and .Ci'ty Engineer would be away from the City Hall on ThUrsday a,fterno~n .and Friday, that the Council should be informed 'of same. 5. ~Tt-was .announced that City Manager Holland is absent ton~. on 5. Mayo~ D~ets~ announced that he" had received a the"A~ederal Aviation Agency in Atlanta, ~eorgia relati~e.~j~o;.a airportTM ~h'ich will be one rail's west of Mil~tary~ Tra'iX~:.~ mile .NOrth' of Detray Road= that this airport, i~ for agri~l purpOses.at.-th~:s time, but could develop i~o' a lar~er~~, further, that~ it was desired that the CAty ~m~e~t rela~w~ ~to this a~rpor t. ~Mr= 'Avery suggested that a letter be. written, over' the MayOr' s .sA~.~$ure; e~pressing Council pleasure .With the i~ea of said a&'~po~~. .5. City Clerk Worth-ing read a letter from the Florida' League of Municipalities which was accompanied by a bulletin and proposed le.gislative Act. It was reported th'at a copy of said b~l~letin and act wou~d' be mailed 'to each Councilman; 6.a. l~t ~as reported that the~ st. VinCent ~errer CathOlic. ~Chur.Ch requested the use of the aUd:i~m .~ =om~n:ity Mar=h 1?th, during the afteE~.for ~=a%in~,~'~urposes. a~d %h~; the .evening for t~resentatio~ of a-"~ay; f~T, t~ 'it ~s recommended that'their ~e~est be g=a~ted. Follow~.ng-discussion, Mr. Talbot moved~t/~&~ the City M~nager be informed that said request meets with Cou~ apprOVal~ i~ it ~-its in with his program. The motion~ was seconded by Mr. Wooda=d and carried una'nimouel y. 9.5 6.b. Concerning consideration-for the City Audit, City Clerk Worthing informed the Council that the recent Contract with Himes & Himes for providing the Annual Audit for the City of Delray Beach has been con- cluded with their presentation of the AuditReport for the ~iscal Year ending September 30, 1962. That Section 77 of the Charter quires an Annual Audit of the City Accounts-to be provided and inas- much as .the current fiscal year is already in its fifth month, an early appointment of certified public accountants experienced in municipal ~coounting should be made in order that necessary steps may be taken to provide for proper procedure to assure the desired result from a standpoint Of nationally accepted accounting and audit stand- ar~s. Mayor Dietz asked if.the City Administration and the Finan=ia~ Director were satisfied with this particular firm of auditors. ~ity Clerk Worthing stated that he had heard nothing to~.the contrary, ~and Finance Director'Weber informed the Council that Himes a Himes have bee~ very.helpful to the City. Administration and employees paring this audit in showing the City where and what they Could ~o to improve their procedure, and that he thinks the audit is very g~od. Mr. Weber further stated that Himes & Himes had advised hi~ t~pt their total billing time for. this audit was approximately $8,000,00, however, the City is being billed, per prior agreement, for $4,000.00. Further, that they would like to enter into another two year agree- ment with the City o~ the same basis'with the ~xception that.the maximum be increased from $40000.00 to $7,000.00 .however, they. do not think,their total time. will be that much, but they would like to bare thatmuchleeway. Following general discussion, Mr...Talbot moved that the City Manager be instructed to enter inte an agreement of~Contrac~ with Himes a Himes as outlined, for a two year, period. The motion was seconded by Mr..Barrow and carried unanimously,. 6.c. Concerning consideration of improvement of municipal bu~l~ing '~"'"' and jail facilities, Mr. Avery stated that the,City is faced with certain things that the Council ~hould be made aware of, further, that the Municipal Judge and the Judges Ad Litemhad been,requested to be present concerning this item and other items' that he wished to discuss tonight. ~. . There was lengthy discussion concerning the crowded jail facili- ties, cost of meals for prisoners in exce:s~, of what.had been anti- cipated, and there were detailed reports :presented from the Police Department .concerning receipts from fines, boarding of prisoners, re- capitulation of arrest' p~ocedure, job description of the police clerk-dispatcher and information regard.$ng.p~lsoners in jail, Chief of Police Croft commented on these items and answered questions con, cerning same. Mr. Avery noted that from all data available it was indicated that by 1970 the population would be approximately 32,000 to 35,000 and that it iS necessary to plan for the future. Mr. Avery then moved that this over-crowded jail situation be referred :to the ~lanning Board, asking them to, consult with the Municipal Judges and report back to the Council as quickly as is feasible for them to prepare a comprehensive report, the motion being seconded by Mr..Barrow, Mr. Woodard stated that he thought the Chief of Police should keep the Council appraised of the situation, but that he believed it was too far 'afield for the Planning Board to-make a study of. Following lengthy disc~ssi0n, Mr. Avery asked Plannin.g Board_mem- ber Col. Fabens if this was ~n the a~ea of the type of thing that is referred to Planning Boards for initial study, to.which COl. Fabens agreed that it was. _ Following further comments, and u~ call 9~ roll] Mr. Avery, Mr. Barrow, Mayor Dietz and Mr. Talbot Voted in,~f~Wur of the motion and Mr. Woodard was opposed. -3- 2-11-63 Mr. Avery stated that the Municipal Judges.had been asked to be present tonight as a result of comments £r6m local citizens who had attended Municipa~ Court as spectator's, and that the location, Venti~ lation, etc. of:the Municipal Court were ~bj~c~i0nable 'in the pro- cedure of administering Justice. Following lengthy comments by Mr. Avery, he then moved that the Municipal Judges, NOWlin, Gringle, Williams and Byron, with Judge Nowlin as Chairma~, sit as a committee, consult with the public and return to the Council with any recommend- ations that they feel necessary to help the Council improve the court situa~ion and assist the court in meting out justice. The motion, was seconded by Mr. Woodard and carried unanimously. Mr. Talbot stated .that public safetY~ in his opinion, comes above everything else, an~ questioned Police Chief Croft concerning the need for additiOnal office help and patrolmen in the Police D~partment, ~n~?~uggested that the matter of p~lice personnel be placed on the a~%'for ~tscussion at the ne~t Council~meet~ng. Ther~ Were ques- tions concerning the number of policemen and sP~gial p°l~cemen, and Mayor Dietz suggested that the Police Chief report exactly what he wante and wha~.~e recommends and that report be given.to the Council for study, same to be considered at next Council meeting, f~r~her, that. said report be f0rwarde~ to the Councilmen in sufficient time for them to Study same. 6.d. Concerning off-street parking problems relating to the municipal beach area, Mr. Avery stated that a couple, of years ago Mr. Adgate Lipscomb had consulted with the Council concerning variOuS problems, one of which was the need for off-street parking facilities on the beach, and that it had been pointed out at that time that it was not only for the benefit of residents of the beach area but for all the residents of Delray Beach. Mr. Avery commented at length on what he considered a crowded condition at the beach and need for off-street parking facilities, and moved that this problem be referred to the Planning Board. Mr. Ta~t suggested that also included in the study should be the item of mo~ing traffic onocean BouleVard. Mr. Avery included said suggestion in his motion, the motion being seconded b~ Mr. Woodard and unanimously carried. .: Mrs. Helen Voit stated that she did not see how the question"of an excess number of automobiles could be considered without consideri~g how many people that the Delray MUnicipal beach can contain with re- ference to the estimated population predicted by 1970. '~'~ MayOr ,Dletz commente~ on violation tLckets beLng g~-t~ ~,~.~r~sts who areheaded Sout~ and swing ~=ound to par~ in said.p~.~ng~'Spaces. It was explai,ned that said' man'e=' of parki,g was co, side~t0 ~'a U-~urn which-is prohibited.~ Mayor Dietz state~ th~if~o~.er s~ns were not posted in this area, that same should be posted. 6.e. Concerning appeal to the circuit court of cases, City Attorney Adams informed the Council that that a~pears ~n municipal cou~t has the right to, a t court if they feel tha't the jUdge:has one of these cases is a C~se';'where he~s alleging, among other thin~s, "~'iled to ~e~ei~e :~aence of a ~rior:conv~cpion o~ .dr~ving and that the other is a concealed"~pon ~,! Which hi ~, 'm~. n ~ son fo~ appealing is ~,the ~ment was ~ ~1¢ ~i'n~ '. '~ s~'~ ~ and explanation, of~,is ~ procedure, Mr. Avery mov~a, th~ t ~h' C£: ~ AttorneY be aut~riz~-~.~.~structed to defend 'the :~ity in.the'se cases. The motion w~s' se=O~aed 'by Mr. Talbot' and carrie~ u~nimously. City Attorney Adams ~said' that there had ~ ap~r~ima~.~ '1500 ' mun~cipal ~ourt cas2s,i since he has bee~. the/~y' ~.~to~ney., and during that time there have oniy',~een three ~&lsV~r0m %he muni~ip~! Cp~ur,t, and feels that is a very good record'~or the Judge. ' -4- 2-11-63 6.f. Concerning consideration for four year term of office for Councilmen, Mr.' 'Barrow stated that he felt that~'a C6.uncilman only serving two years does h~t~'have an oPPortUnity-to g~t into~'~the f~91' of things as much as he would i~f he had a"four year term, that it would eliminate an .eleCtion every- 6t]~er- year and.'~that a qroup of people working together for four years would"be able to'.accompl'lSh more than if %hey only worked together for two years. Mr. Talbot stated that he ~0uld like more time.'to think about this suggestion. Mr'. Woodard stated that he' thinks a two year term is touch'more de- sirable from the standpoint that an individual, if he wants to run for reelection, is going to be more cognizant of the desires of the public than if he is in office-for a fou~ period of time.'- Mr. Avery said that he felt a man Should- stand-;a test at the pol:lwJ every two years and that the public should have a chance to review a man every t%-~ years. - Mayor Dietz said that elections, no matter how often held, revital- ize a community. , There was al'so discussion bonce~ning the Mayor being elected by the voters instead of being selected~'by~the Council from one of their members. Following further comments, Mr. Barrow sa~-d that he had received an opinion o~ the Council, which was what he wanted, and he'w~uld'~'with- draw his suggestion concerning a four year Council term. 6.g. The following letter, dated February 4, 1963~"a~d signed by Ethel S. Williams and W. C. Williams, III, was presented to the Coun0~! for consideration; and recommendation that it be referred to the Plan~ng Board for study and their recommendation. "The undersigned are owners of Lots 1 through 9~ in the' Sub- Division of Block 85 and other properties -located in Bloc~ 85 facing on Atlantic Avenue. When the plat of t~e 'Sub~ Division of BIock 85 was recorded in 1926, a copy of said plat being enclosed herewith, a ten foot. alleY"w~.'dedicated along the easterly portions of Lots 1 through 18.~inCl~si~e. To date, th~s alley, colored in red on the enclosed plat, has not been constructed and the undersigned respectfully request that the city either pave said a~leyaS ~edicated or execute a Rss¢:lutioh and Discla~mer. to the undersign~d to that existing right of way. "The undersigned also respectfully request the City of De!ray Beach to pave the alley running-east ~nd west immediatel~ to' the north of Lot I of the Sub-D~vision of 'Bloc~ 85. To the best of our knowledge, this is the only alley in the downtown Delray Beach area which is not paved. Any consideration and assistance which the council can furnish in this matter will be greatly appreciated." -~ -'~ " Mr. W. C. Williams, III, informed the Council that there'are three alleys in question and requested t]~t the Council g~e an answer ~ith- in a couple of weeks, and also that the City establish the corners of ~tthe eastern terminus of the alley running East- and -West"on accoUnt of he traffic that has been en~roaching on their 'property .for a number of years. City Clerk Worthing reported that the regular meeting of the Planning Board was scheduIed prior to the next Council meeting. Mr. Avery asked that the planning Board no*.ify Mr. Will,ams when they meet in order that he may .~ppear_before them concerning this 'request. Mr. Talbot then .moved that this matter be 'referred ~o the Pla~nning BOard and report returned to the Council for the neXt me~ing. The motion was seconded by: M~.'Barrow and carried u~a~im6usly. -5- 2-11-63 6.h. It was reported that Gracey Bro.,~..ers~ .on behal~ of the Christ~n~on family, owners of certain lands in ~ion9~46-43 and ly.ing east of the Intracoastal Waterway, have requested abandonment of an old, never opened 20 foot right,of-way platted between Andrews Avenue, and the Waterway, and immediately South of N. E. 8th Street, further~ .that said alley should ha~e been abandoned at the time the Christensons gave~ a.ll of the right-of-way for 8th Street without compensation. The Council was informed that it ~ad been recommended that this re- quest be referred to the Planning Board for their study and recommend- ation. City'Clerk Worthing reported ~hat there, had been a special meeting of the Planning Board recently and he had taken ,the liberty of show- ing ~tl~e~,the letter from Gracey~ Brothers ,concerning said., right-of-way, and ,the following is their report concerni~19. same~ dated February 8, 1963. Planning Board members present at said meeting were: .Richard Hanna, Kenneth Jacobson, Richard Jebb and James Sinks. "Mr. Worthing brought up the matter .of a 20 foot ri~hblof~way extending from Ocean Boulevard to the Intr~acoastal Waterway parallel to N. E. 8th Street. (Christenson property) when the Christenson family donated the necessary right-of-way for the construction of 8th Street, this right-of-way should have been abandoned, but it was overlooked. The-family is now request~'ng the abandonment of this right-of-way which is located approxi- mately 40 feet South of the southerly right-of-way 1'4ne of 8th Street. "A motion was made by Mr. Jacobson recommending 'that this 20 foot right-of way be abandoned. The motion was seconded by Mr. Jebb and unanimously carried." City Clerk Worthing then read RESOLUTION NO. 1437. ~ RESOLUTION OF THE CITY COUNC'/L OF THE CITY.OF DELRAY~BEACH;· FLORIDA, VACATING AND ABANDONING A R~AD RIGHT, OF-WAY LOCATED IN THE SUBDIVISION OF SECTION 9, TOWNSHIP' 46 SOUTH, RANGE 43 EAST AS SHOWN ON A PLAT RECORDED IN PLAT BOOK 8, PAGE 40, IN THE OFFICEiOF THE CLERK OF THE~.C!RCU~T COURT' IN AND FOR PALM BEACH COUNTY, FLORIDA. WHEREAS, the owners of certain real property loaated in the City of Delray-Beach, Florida, abutting the hereinafter described road right-of,way ~request the vacation and abandonment of said right-of- way~ WHEREAS, said road ,right-of-way has never been opened or de~el',oped, and is not reqUired for provt~ing 'egress or ingress to NOW, THEREFORE,' BE IT RESOLV~.D BY THE CITY COUNCIL OF THE CITY OF DELRAY 9EACH, PLORIDA: That p,rsuant to Section lSeven (7), Para~{am~.~,~h~e~ fo ,r the C ty of D. lraY: Beach, the · right-of-waY in the'City ' to ~a~ated and abandoned: The following property lo~ed in-~llCi~y~ of Delray .'i~Beach,~ Palm Beach County, .F~ida; .~0-wit = The south ~'~0 feet of ~ots,..,A~·, 30 an'd' 31, and the north 10 feet of Lots 13, 3~ and 33 of the sub- division of. Section 9, Township 46 South, Range 43 East as shown on plat recorded in Plat'Book 8, -6- 2-11-63 page 40, in ~e office of the Clerk of the Circuit Court in and for Pal~.~each~,County, Florida.~ PASSED AND ADOPTED in regular session, this the 11th~day of February, 1963. Mr. Woodard moved for the adoption o£. Resolution No~. 1437, the motion being seconded by Mr., Avery. Upon call of roll, Mr. AVery, , Mr° Barrow, Mayor Dietz, and Mr. Woodard voted i~ favor .of the:motion. and Mr. Talbot abstained from voting.. 6.i. It was reported that Mayor Dietz had requested consideration of an amendm~n~ to Section 146 of the City Charter to provide ~or empow- ering the City Council to expend public funds for conducting st=aw vote elections upon determination by CounCil that such would be in the best interests of the c~ty. ~- Mr. Avery said that he thinks the people have the right to be heard on things of proper nature, and moved that the Council incor- porate this inone of their r~quests to the Legislative Committee on F~bruar~ l~. The motion was seconded by.Mr. Talbot and carried unani- mously. 6.j. It was reported that Mayor Dietz had requested~.consideration of the legality of a City. Councilman holding another office in the city government which concerns providing an amendment to Section 13 of the City Charter wherehya Councilman couldhold the position of Coordin- ator of Sewer Construction, which 'function would be so provided in the best interest and benefit of the city and its citizens. Mayor Dietz said that he had been-trying for quite some time to find a way in which the city could pro~ect itself completely_in.the sewer' construction, and since Mr. Barrow had been the Coordinator on the Bethesda Hospital construction, which construction will soon be completed, felt that Mr, Barrow ~oUld serveas Coordinator ~f Sewer Construction, which would be a protection and a great saving to the City, That Mr. Barrow would give his full time as Coord~inator and be compensated for his time in addition to what he rec~i~es as a Council- man. Mayor Dietz further stated that this would in no. way..violate a~ything as far as the engineers are concerned, furthers, that an opinion had been obtained from the State Attorney General that it would be proper, if the Charter was amendedin that respect. 'Mr. Avery said that if a bill for such an amendment was presented to the Legislature that it should not be just for sewer construction but for any other municipal construction, if the Cocci1 deems it advisable. Following further comments, Mr.~ Talbot moved that the wording .in the caption of said proposed bill be changed to "PROVIDING THAT A ~OUNCILMANMAY HOLD THE POSITION OF COORDINATOR OF MUNICIPAL CON- STRUCTION DURING ANY CONSTRUCTION PERIODS~" Mr. Avery s~conded the motion with the addition that the City Attorney be instructed to present such bill for legislation, which addition was accepted by Mr. Talbot. Mr. Woodard stated that he was most emphatically opposed to this, that he feels it is improper for any Councilman to hold a second position in the City and to be remunerated for it, also, that he feels it would be.changing the present basic form of government, and further, that it~Ould"be getting into a dangerous field of putting the responsibility back..into the Council for the'ins~ecCion._of the sewer system, and he feels that the engineering firm should be entirely responsible for the r.~,~dent inspection. Further, that he is not opposed to Mr~..Barro~representing the Council in ,~nspecting the resident inspection, howeve~ that it should be done informally and in his current capacity, without pay, for the representation of the Council. -7- 2- 1~63 There was lengthy discussion and comments concerning the function of such a Coordinator iR respect,to.constrUction, inspection, etc. of the sewer project, and it was reported that the pay that said' coordinator w~uld receive would not be paid bY the City but same was a legitimate expense of the bond holders, and the citywould receive this protection at no cost to them. Following further discussion and comments and upon call of roll on the motion for an amendment to Section 13 of the City Charter, Mr. Avery, Mr. Barrow, Mayor Dietz~and Mr. Talbot ~oted in favor of the motion and Mr. Woodard was opposed. 6.k..It was reported that bids for .a Diesel Power~Motor Grader, in accordance with specifications furnished, were solicited £~m eight manufacturerm and the-following bids were received, .further, that it is recommended that the Austin-Wes~ern.Super 100 Model grader,.-capa- ble of operating on the Municipal Beach in the burying of heavy con- centrations of seaweed, as well as providing for filling in the areas which have been eroded by ocean Wave action, be purchase~ and that needed funds therefor,~in the amount of-$757.00 be appropriated from the Contingency Fund. 1. Fla. Equipment Co. Huber&Warco Model 9-D $12,180.00 2. Fla.-Georgia Tractor Co. ~alion Model 184 1'3,379.31 3, Contractor's Equip. Co. Austin-Western Pacer 208 14,'6'89,64 3a.An alternate bid from Contractor's Equipment Co. on an Austin~Western Super 100 16,257.00' "The net price on each of the bids rece'i~ed reflects an allowance for the city's 1954 grader. "The Huber-Warco (%1) fails to meet'specifications. The Galion Model 104 (%2),fails to meet specifications. "The Austin-Western Pacer % 200 meets most specifications~ however, 'this is a 4-wheet grader as against 6~wheel graders on all ~ther models bid. I~&smuch as this is not the low bid; it-is recommende~ that this machine not be considered. "The Austin-Western Super 100 meets all specif~uations an4 exceeds several. This is the machine which was demonstrated on our beach and includes the unique .features of 6-wheel drive.:and. 6-wheel steer, whereas the standard grader has a '4-wheel tandem-on the',xear which does the driving and no drive on the front wheels. The fa~t-that the Super 100 grader provides turning power on the rear tandem Wheels, thereby aiding the, steering ability of the grader, gives this ma'chine a distinct advantage over the other machines." Following co~ents by City Engineer Fleming, Mr; Avery moved to approve the purchase of the Austin-Western Super-'~00 Modelgrader, from the Contractor's Equipment Company in the amount of $16,257.00. and that $757.00 be transferred from the Contingency:Fund,~r this purchase. The 'motion was seconded by'-Mr.'Talbot and carried unani- mously. 7.a. It-was reported that a letter had been~received .from BOnnell RealtF, ~nc., pertaining to a tract of land in Block 11~ for parking faCilitigs; that at, a Council meeting held on.Novembex~ 26, 196~, a similar.offer was presented by the Bonne~l-Realty, ~.., further in- corporatin9 the desired 'lease, being ~in';the~am~unt of'$6~000.00 per year and~that the Council'had directed'that the'offer be acknowledged but due to lack of in~nediate funds the offer be declined~ At that .... time it was requested that:the Florida Coastal Theatres, who own a vacant parcel of land on ~e so~.west corner of East Atlantic Avenue and 7th Avemue,.be contacted re~%~ve to use of said land for parking 2-11-63 81 ~cilities, but Florida-Coastal -Theatres-declined to' be interested · ~ granting use of said land inasmuch~as other plans therefor were ~ing considered. ¥~. AVery moved that this item be referred to the Planning/Zoning Board, the motion 'being seconded'by Mr. Barrow. Upon 'call of Mr. Avery, Mr. Barrow, Mayor Dietz and Mr2 Talbot voted' in 'favor of the motion and Mr. Woodard was' opposed. 7.b. It was reported that.during the :time that' Col.-George Mingle was City Manager of Delray Beach he had been appointed Treasurer of the Association of Municipalities of Palm Beach County, and that in leaving this area Col. Mingle surrendered all the records and funds held by him in trust-for said a'ssociation to its Trustee, Col. Zell H. Altman, who acknowledged' receipt of same on November 2-1, 1962, and Col. Mingle requested that Council be i~%formed of such action~ 8.a. City clerk Worthing read- RESOLUTION NO. 1434. A RESOLUTION OF THE CI.TY COUNCIL OF THE CITY OF DELRAY B~ACH, FLORIDA, ORDERING THE OPENING, GRADING AND PAVING OF T~AT PART OF NORTHWEST TENTH AVENUE LYING BETW~F~N.ATLANTIC AVENUE AND NORTHWEST S.~.COND STREET. (Copy of Resolution No. 14-34 is attached to and made a part of the official copy of these minutes. ) -- ~6 ~ ~ ~'~ Resolution No. 1434 was unanimously passed and adopted on motion by Mr. Avery and seconded by Mr. Talbot. 8.b. City Clerk Worthing read RESOLUTION NO. 1435. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLOR.~DA, COMMENDING THE' MEMBERS - OF THE PLANNING BOARD OF THIS CITY FOR THEIR OUT- STANDING SERVICE TO THIS COMMUNITY. (Copy of Resolution No. 1435 is attached to and-ma~e, a part of the official copy of these minutes.) 5~a p~ 3.~' e Resolution No. 1435 was unan{.mously adopted on motion by Mr. Talbot' and seconded by Mr. Avery. ~ . It was requested that an original copy. of ReSolu~ion No~~ 1435 be presented to each of the Planaing Board members mentioned-therein and also a copy be presented to the widow of Mr. Knowles. 8.c. The City Clerk presented ORDINANCE NO.- G-448. AN ORDINANCE OF THE CITY COUNCIL OF .THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY.OF DELRAY. BEACH CERTAIN LANDS. LOCATED-IN SECTXON 21, TOWNSHIP 46 SO~TH! RANGE 43 EAST; WHICH LANDS ARE CONTIGUOUS. TO EXISTIN~ MUNICIPAL LLMITS OF SAID CITY~ REDEFININ~ THE BOUNDARIES OF~SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS~ AND PROVIDING FOR THE ZONING THEREOF~ It was reported that said Ordinance was placed on'first reading on May 28, 1962 and when submitted to Council for public hearing thereon, was tabled June 25, 1962, and that on January 28, 1963 said Ordinance was removed from the table and advertised for second end final'read- ing at this meeting. -' Attorney Clinton Scott, speaking in 'behalf' of several persons living in the-area of Lots ~1~ .&"2,' Delray. Beach ShOres who-are not residents .of DeXway Beach, objected to a '.high-riSe apartme~t building -9- ~11-63 being built a~ p=oposed on said lots next to .their single story dwellings. Attorney Scott informed the CounCil;that ~said residents would like to have Ordinance No, G-448 tabled tonight and many of_ them had expressed an interest in being ar&hexed voluntarily to DelSey ~each with the dond£tion that some arrangement could be worked out to' limit the height' of any building to be built on these lots or to zone the lots residential' in order to prevent a high-rise apartment build- ing being erected in that location. Attorney Scott also informed the Council that at the 'time said Lots ! & 2 were purchased "from the de- velopers, it was understood that nothing over-two stories would ever he built thereon, but unfortunately it was not in the deed re- strictions. Attorney Scott then stated that his request in behalf of these people, all of whom live 'in the County at the present, time, is that this Ordinance be tabled so that further study can be made and these people can be fully apprised of what being in the- City would mean to them. Mayor Dietz stated that, as he understands it, the people in Delray Be&eh Shores are definitely planning to be annexed to Delray Beach grovided that LOts 1 and 2 of said Subdivision are not zoned for a high-rise building. Mr. Theodore B. Bleecker stated that he was one of the largest property owners on Brooks Lane, that he and other property owners in that area are willing to be .annexed to Delray Beach if~they can have a guarantee that there will be no high-rise .~Pa=tment.built on said Lots I a 2 or o~ any other lots contiguous to their Property. Mayor Dietz asked City Attorney Adams if an agreement concerning' the Zoning of Lots 1 a 2, Delray Beach Shores could be made that would bind future Councils. Attorney Adams stated, that future Councils could be bound~ but that he would not say you could bind a court, and' explained what procedure may take place. There was discussion concerning the present 'County and City Zoning in that area. Attorney George L. 'Pink of West Pa~l~ Beach, representing the owners of said Lots I & 2, 'Delray Beach' Shores, stated tha~ saTd property was purchase~ on the basis that :it was commercial property, and that most of the people in the area had purchased their property after that time, further, that it would-be very detrimental'to th~ owners of Lots i & 2 for building restrictions to be placed on same~ Following lengthy general discussion~ Mr. Talbot moved that Ordi- nance No. G-448 be tabled until the next Council meeting and author-i- zetion for notice of public hearing thereon for action at that time. Mr. Woodard seconded the motion and commented as follows: second that motion, and I would~-,.t~..~..~e to ask if we couldn't set up a meeting with the Planning/~oningi.~o..a=d with all of the additional facts and fiqures that we have ava~ab}e tonight to further discuss this, possibly with represen~'atives of this area,'.bO~h the develop- ment and the property owners, and 'discuss this at~'some extent rather than very briefly here tonight." Mr. Talbot amended his motion.'tO'include ~. Woodard~s _~ggestion. City Clerk Worthing informed the' 'CoUncl~-'~that the ~xa~n~,~ Board had recently reVieWed this~ ~tem and 'that~ t~y had~~' ~W~- imou~..~y re- affirmed their unanimous' ~mm~ndati'on to ~un~It'~h~r ~e of June ?, 1962, at which' time th~a(~.~ ~om~ended" .to ~un~X~: th~ these lots be ~an~exed in R--~'Zone, and subse'~Uentl~ under direc~io~ 'Of icouncil, provided for Ordinance N0.' Oa468...~0 be'..~e'Sted ~i~h'-a~lOW~ for 100 foot height buildings to be uo~structed in Upon call of roll, Mr. Barrow, Mayor Dietz, Mr. Talbot and Mr. Wood&rd voted in favor of the. motion and: Mr.~&ver~'abstained from 81d. ~i-ty~ Clerk Wor~hing 9rese~$~d ORDINANCE NO. G-469. AN ORDINAN~ OF THE CITY'OF DELRAY.BEACH, FLORIDA, PROVIDING FOR AND ',.R~.GULATING A~D.~ESTRICTING~'THE- LOCATIONS OF~ASOL~NE AND OIL ,FILLING STAT~..~NS OR ~'$ERVICE STATIONS. -10- 2-11-63 It was reported that said Ordinance-had been recommended by the Planning Boardand that same was?p,laced.on first reading on November 12, 1962~ and tabled for further study when submitted.to Council for second reading on November 26, 1962, further, that at the meeting of January-28, 1963 said Ordinance was removed from. the table and vertised for second and final reading at this meeting. Following general discussion that restricting certain .type~ of businesses and not other types was discriminatory,;, also 'obje,o_~on to said Ordinance by Mr. O. T. Thames who represents a major oil company, Mr. 'Avery moved that.~said Ordinance be .kil'led, the motion, being .se- conded by Mr. Barrow. Upon call of roll, Mr. Avery~ Mr. Mayor Dietz and Mr. Woodard vote~ in fa~.~ .~,,the. mo~ion and Mr. Talbot .abstained from voting.. 8.e. City Clerk Worthing presented ORDINANCE NO, G-478. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN LAND LOCATED IN SECTION 18, TOWNSHIP 46 SOU,TH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS T.O EXISTING MUNI-, CIPAL LIMITS OF SAID CI~Y~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING. FOR THE RIGHTS AND OBLIGATIONS.OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF. (Industrial. 13.28 ~acres) (Copy of Ordinance .No. G-478 is attached., to and mad~ ~ part of the official copy of these minutes.) ~ ?~ ~rp ~,~ There being no objection to Ordinance No. G-478,~ said. Ordinance~ was-'unanimousty passed and adopted on second and fi~nal reading motion by Mr. Woodard and seconded by Mr. Barrow. 8.f. The City Clerk presented ORDINANCE NO. G-479. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAVTER~.~ 20, CODE OF ORDINANCES OF T~IS CITY, BY ADDING SECTION 20-14 PROVIDING FOR A .DIRECTOR OF ZONING, ~DESIGNATING HIS DUTIES~ AND PROVIDING, THE MANNER IN WHICH ~HE POINTMENT IS TO BE MADE. (copy of Ordinance No. G-479 is. attached to and made a part of the official copy of these minutes. ) s~e F~ ~r/~ ~J z~ There being.no objection to Ordinance No. G-479, said Ordinance was unanimously passed and adopted on 'second and final reading on motion by Mr, Avery and seconded by~ Mr. Talbot. 8.g. The 'City Clerk read RESOLUTION NO. "1436. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA URGING THE .PALM. BEACH COUNTY BOARD OF EDUCATION AND THE SUPERINTENDENT OF 'PUBLIC INSTRUCTION. TO CONSIDER STEPS TO ALLEVI- ATE THE OVER-TAXED SCHOOL 'FACILITIES IN THE, GREATER DELRAY BEACH AREA. (Copy of Resolution No. 1436, as amended, ds attached to and made a part of the official copy of these minutes.') ~e~ ~e ~ t- Mr. Avery explained the reason that this Resolution was put on the Agenda for Council consideration and who he had discussed this item with in designating She needs that are stipulated. There was discussion concerning the wording in section 3 of said Resolution regarding a vocational, training program or trade school and Mrs. Virginia Meyers informed the Council that the team that is making th~~ Survey are only 'surveying for building purposes and not ' '-11-2-11-63 ~h~'~ertain ~rogra'.ms. Mrs. Meyers also stated that instead of. using ,th~o~s vocation~l or trade program, the words technical, school were 'proper, 'according to the Palm Beach County School Board.. It was also noted that in each paragraph of the R~solution where the Board was mentio~ed that the "Superintendent of Public Instruction" should also be inserte~... Mr. Avery moved that Resolution No. 1436 be adopted as amended, the mot~'o~ being seconded by Mr. wood&rd and unanimously carried~ Mr. Avery then moved that a copy of Resolution No, 1436, and a letter accompanying it, be sent to the City Commissions of Boca Ra~onf Boynton Beach, Ocean Ridge and Highland Beach, asking them to pass a similar resolution, adding to it those needs that they might feel are needed for their own communities, and also that copies be ma~led, individually, to each member of the Board of Public Instruction and to-the Superintendent of Public Instruction. The motion was seconded ~y Mr. ~oodard and carried unanimoua~y,~ ~.a. Itwas repor_tP~ that in discu-ss~on 'during the regular meeting of January 28th the Council requested a uniform .system of ,color for all ~osts supporting street signs and all other signs,' and it is ~esired to inform the Council that all such posts 'hereafter will be aluminum painted. 9.b. City Clerk Worth~ng informed the Council that they had been furnished a detailed breakdown of the Capital Expenditure Program, as proposed and outlined in the survey report of Russell & Axon per- reining to the Water DePartment, reflecting a time table for annual expenditures through 1~72, of the various improvements' and additions ~o t~ water plant. Concerning a request of the Council on January 14, 19~30 that a survey of charges for meters outside of the respective cities from West Palm Beach to Miam£ be made, City ~ler~'Wor~hi~ng reported that said surveylhad been" ta~en~ care o£.'and wou~d be submitted to Council on ~ebruary' 2~~ along w~th a pro~ose~ rate schedule. During general discussion..conCerning 'said report of' Russell & Axon the Council was advised to study the~me~ra~um of February 6, 1963 from City E~gineer Fleming to C~ty.~ Manager Ho~land, which concerns the proposed breakdown of capital expenditure program of the. water department. City Clerk Worthing informed the COUncil tha~ the proposed water rate schedule had not been presented tonight as it was believed ad- visable to contact the Fiscal Agent who may in turn contact the ~onding Attorneys of Chapman' & Cutler in Chicago before effecting a cha~ge in the water rate schedule. It was suggested that the CoUncil ~ave a meeting to .~st. udy. and discuss the'~ater set-up and rate schedUle~ City Clerk-Worthing wa~ instructe~ to"~ontact the FisCal Agents to see ~f they desire to sit in on such a.mee~ing and then' ad-vise the Council. 10. Mr. Talbot said '-~hat he thought e~eryo~e was aware-of the very fine free publicity that the' City enjoyed. ',~-" the Chicago Daily Tribune recently, and that the Chamber of Commerce, although they advertise Delray Beach in the Chicago Daily Tribune, would like f. or the City to express apprec~,ation, by letter or resolUti~n, to th~ ~Travel Editor of said Chicago Daily ~r~bune~ end also ~o .the r~/~orter who wrote the article mentioned. It was surges'ted by Mr. ~very t~&~ a Resolutio~ of appreciation be prepared e's suggested for consideration at 'the next Codicil meeting. 10. Mr. Woodard asked as to the progress o~ the proposed baseball diamond and Mayor Di~Z reported that according to 'city Manages Holland they werewatting for the new grader, which equipment'could grade said property. ~' Mayor Dietz said that he would like for the Council to authorize him to contact either the American cT National Bas,ball League con- ce=ning same, and Mr. woodard moved that the Mayor~'~e authorized to contact the American and/or National Leagues to see if Delray can get national representation for suggestions on how %0 develop the baseball diamond.- The motion was seconded by Mr. Talbot and carried unanimously. 10.a. The following bills were presented for'approval. General Fund $66,136.70 Water Fund - Operating Fund 2,656.51 The bills were unanimously ordered paid on motion by Mr. Woodard and seconded by Mr. Avery. The meeting adjourned at 11=26 P.M., on motion by Mr. Avery. R. D. WORTHZNG City Clerk APPROVED= -13- 2-11-63 RESOLUTION NO. 1434. A RESOLUTION OF THE CITY COUNCIL OF THE CITM OF DELRAY BEACH, FLORIDA, ORDERING THE OPENING, GRADING AND PAVING OF THAT PART OF NORTHWEST TENTH AVENUE LYING BE- TWEEN ATLANTIC AVENUE AND NORTHWEST SEC- OND STREET:. WHEREAS, the City Council of the City of Delray .Beach, Florida, did, on the 12th day. of March, 1962, adopt Resolution No. 1391, ordering the City Manager to prepare plans and specifica~ ' tions, together with estimate of cost of opening, grading and paving of that part of Northwest Tenth Avenue lying between Atlantic Avenue and Northwest Second Street to a width of twenty- four (21~) 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, THEREFORE, BE IT RESOLVED by the City Council of the City~ of Delray Beach, Florida, that it is determined to make the following described improvement, to-wit: To open, grade and pave that part of Northwest Tenth Avenue lying between Atlantic Avenue and Northwest Second Street to a width of twenty- four (24) feet, the total cgst, as estimated, for such improvement being $7,000.00. BE IT FURTHER RESOLVED that the entire cost of such improvement shall be shared by the City of Delray Beach, Florida, and the following described properties in Delray Beach, Palm Beach County, Florida, on a basis of the City of Delray Beach paying twenty (20) per cent of the cost of said improvement and the abut%lng property owners, said properties shown below~ paying eighty (80) per cent of said total cost, by Special Assessment. SUB,D, IVIS .ION BLOCK LOT Whidden 6 1. Atlantic Pines 2 9. " " 2 ~10 & 11. " " 2 12 & 13. " " 2 14. Whidden 1 Eh of 6. Atlantic Pines 2 16 & 17. " " 2 18 & S 24.65' of 19. " " 2 N 15.30' of 19 & all of 20. Section 17-46-43 S 50' of E 135' of Sh of N~ of 6. " " E 135! of Sh of Nh of 6 less N150' & less S 50t thereof. " " S 50' of N 150' of E 135! of s~ of N~ of 6. " " S~50' of N 100~ of E 135~ of S~ of Nh of 6. " " N 50' of E 135' of Sh of Nh of 6. Pine Crest 2 19. " " 2 20 " " 2 21 ~ ,,,, Page 2. Resolution No. 1~3h. SUBDIVIS ! ON' BLOO~ LOT We~t S?e Heights A N S0! of 1. .A ~ S ~.,.36~ of ~ ~ all of 2. " " " j A 3. "" " .... A " " " A " " " A 7 & '8'. " "' " A 10. " " " A 11. " " " A 't2. W~st Side HeiSts O' 2 1.& tt tt It 0 3 · " " " O 6 ~ Section 17-~6-43 N 99i~' of E 125' of W 150' " of S, of 10. ." " S ~95~ .of N 1~.35~ of E 125~ of W 150' of S} of 10. " . ~ ? S ~5~ of N 189i35~ of E 125~ of W 150~ of S, of 10. " "s ~?0' of ~ 75' of s 1~.~' of of 10 less S 33~ R/W. said benefits t0 be dete~ined and prorated according to the front footage of ~e respective ~operties as set .forth i~ediatel~ .above.. BE IT F~T~R RES0L~D that said special assessments against all the paPcels of l~d as set forth above which ~e special1I. benefited, shall be a~ remain liens.s~eriom in digni$2 to all other Xiens, excegt liens for ~axes, until paid, from the date of the a~S~ssme~ upon the respective .lo~s and paPcels' of land assessed] ~d'Which shall bea~ interest~ at ~he rate o~ el~t (8) pep cent Der a~, ~d w~ch ~y be paid in t~e.e. (3) ~qual yearly instalments with acc~ue~ ~terest on all deferred pa~ents. Payment shall be made at the s~e place that taxes payable to the Cit2 of Delta2 Beach, Florida, are paid, ~mely the office of ~e 01~ Tax Collector,' and upon faille of any ~rope~ty o~er to pay ~e ~nual installment due, om any a~ual interest upon deferred payments, ~e'Oi~y of Delray Beach may bring necessary legal proceedings by a Bill in Ohancery to e~orce pa~ent thereof with all accrued interest, together with all legal costs inched, including a reasonable attorney's fee. ~e total ~ount of ~y lien may be paid in full at any time with interest from the date of assessment. IT IS 0RDE~D ~ha~ the City Council shall sit at the City Hall l~ the City of ~lray Beach, Florida, at 8:00 P. M., on the 25th of ~eb~ua~,' 1983, for the p~pose of he~- lng objections, ~ ~y, on said proposed i~movement, as set forth above. PASSED A~ ADOPTED by ~e City Council of the City of Delray Beach, Florida, on this the llth day of February, 1963. " ' -z¢ A-z 0 .......... ATTEST: P~ESOLUTION NO. 1435 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH~ FLORIDA~ COMMENDING THE MEMBERS OF THE PLANNING BOARD OF THIS CITY FOR THEIR OUTSTAND- ING SERVICE TO THIS COMMUNITY. WHEREAS~ ~OL. A. L. FABENS, RICHARD T. HANNA, KENNETH '~t ~%~e late PAUL S. KNOWLES have unselfishly and tirelessly '~heir time and ability as members of the Planning Board o~ ~he' City of Delray Beach', Florida~ and WHEREAS, the City Council on behalf of the citizens ~'%~ City of Delray Beach, Florida, being desirous that the ~rts of the aforesaid Board members be recognized, acclaimed an~ ~ermanently recorded ~ NOW, THEP~FORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF DELRAY BEACH= In honor and deep appreciation of the distinguished and ~nselfXs~ service rendered by the abovementioned individuals as members of tile Delray Beach PXanning Board in which cal)acity they individually and collectively exhibited outstand/ng leader- ship, vision and ability, the City Council hereby commends their great contributions to the general welfare of'the City of DeZray Beach. Unanimously adopted this llth day of February, 1963. Mayor ATTE ST .- City Clerk , RESOLUTION ~O. 1436 A RESOLUTION OF ~ CO~ BO~ OF EDU~T~O~ OF P~LIC ~NST~ON LEV~ T~ O~R-T~ S~L FACILIT~S IN T~ ~S, the Grea~er ~lray Beach Area is on ~he thresh- ~S, ~ City ~cil realizes that recent ~ula- ~ion gain~ have already over-taxed the e~ucational facilities of this a=ea~ ~ ~S, a com91ete "plant su~ey" of every school in Pa~ Beach ~unty is planne~ fr~ March 4 - 8 by a 28 man inspec- tion te~ to de~ine w~at a~itions ~ new buildings will be necessary to mee~ the co~ty's.growth in the next ~ive years~ and ~S, the Ci~y..Council feels that there is presently a critical nee~ for the e~sion of the educational facilities of the ~reater Delray Beach Area. NOW, T~F~, BE IT ~SOL~D AS FOLLOWS 1. That the Pa~ Beach County Board of Eduoation the Su~erin~dent of Publio Instruc~on ac~aint the afor. sai~ in~ection te~ wi~ the critical nee~ for the expansion of e~uca- tional facilities in the Greater Delray Beach Area. 2. That sai~ Board an~ ~e Su~e=in~n~ent Of Instructio~ should =all to the attention of the ins~ction te~ the following min~ i~=ov~ts for Seaurest High Sc~ol~ a. A new cafeteria. ~ ~xp~ed library. c. ~ e~de~ industrial ar~s area. d. A choral music room. ~ ar~ bui~ng. ~ ~andea a~i~trative w~g ~o ~ro~i~ a~tional Page 2, Resolution No. 1436. g, An expanded lounge for teachers. h. Improvements ~ ~e ~mmasium including r~vable bleachers ~d t~ enlarged dressing rooms. J. Six .new '~aohing olassr~ms. 3. ~t the Board ~d the ~pe=intenden~ of ~blic I~st~c~ion should info~ ~he i~.pe~t~on te~ of the urgent need for a =echn~a'l soho1 ~o ie=ve bo~h ~he wh~e n~ negro population o.f the ~rea~er Del=aM Beach Area. A ~r~ndously high percentage of the local students are teminal ~uca~ion stud~s at the ~elfth grade, and it is 'believed that such a program would greatly aid the South Pa~ Beach ~unty area in m~ting the d~ands of touri~ and indus try. 4. ~t ~e Board ~d the Su~rintendant of ~lic Instruction eho~ld a=quaint ~he inspection te~ with the desirabi- lity of replacing the el~entary school at the intersection of At1~tic ~d ~inton Aveaues wi~h a n~ facility to be located in the southern section of ~eCi~y. 5. ~at the ~oa=d ~d t~ Superint~dent of Instruction s~uld call attention to t~ inspection ~a~ of the need for ~ el~r2 sc~l ~uated in the area helen uorporate 1,mits of the City ~ ~litary Trail~ ~d ~o~er loca- ted in the Wes~gn s~tAon of t~ ~it2 to alleviate the cr~d ~tAom of ~M ~l~a~y School. 6. That ~e Board and ~ ~r~nten~n~ of Ins~ruc~ should adv2se ~o lns~ctlon ~e~ of ~e cr~t2cal need for a Juror h~gh school ~o se~o as p~eparu~o~y school Carver High Sch~l. -- MA'~OR City ~lerk ..... 6:9~ 35-F ORDINANCE NO. G-478. AN ORDINANCE OF THE CITY COUNCIL OF TfIE CITY OF DELRAY BEACH, F~,,ORIDA, ANNEX~rNG TO THE CITY CERTAIN LAND 'LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, 'RANGE 43-EAST, WHIC~ LAND IS CONTIGU- OUS TO EXISTING FAH~ICIPAL LIMITS OF SAID CITY; REDEFINING 'THE BOUNDARIES OF SAID CITY TO IN- CLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, it iS deemed for the :best interest, safety, health, and general welfare of the citizen's of the City of Delray Beach, Florida, and the owners of ~the hereinafte~ described real property that said land be annexed to the City of Delray Beach, and ~ ' ' WHEREAS, said land is contiguous to the present boun- dary of territorial limits of the City, and that, when annexed, will constitute a reasonably, compact addition ~o the incorporated territory with which it is combined, 'and WHEREAS, all of the owners of record of said land ,here- inafter described have consented and given permission for the an- nexation of said land, and ~ WHEREAS, 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: NOW THEREFORE Bm. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTI.O. N1. That the City Council of the City of Delray Beach, Palm Beach County, FlorLda, hereby annexes to .said City the following described tract of land located in Palm Beach County, Florida, which lies coatiguous to said City, tO-wit: The South Five ~Hundred & Twenty-Five (S.525) feet of the North Thirteen Hundred (N. 1300) feet of the Northeast Quarter (N.E.%) of Section 18, Township 46 South, Range 43 East, and lying between the E-4 Canal and the Westerly Right-Of-Way line of the S.A.L. RR. LESS the E'ly Three Hundred (E.300) feet thereof. Said tract containing approximately 13.28 Acres. SE,.CTION 2. '~ That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tract of land, and said land is hereby declared to be within the corporate limits of the City of Delray Bead~, Florida. ~SECT.~QN 3. In consideration of Petitioner's consent for annexation of the land hereinabove described, subject to the follow- ing conditions it is hereby agreed that: Page 2. Ordinance. No. G-478. Said land being unimproved sha.ll be taxed on an acreage basis to owners of said land so long as said land remains unimproved, however, as any portion of said land becomes improved;, which shall inc.lude all lands being utilized in any manner withrelationto improved.areas, such lands-shall be subject to normal.taMation, including the bonded .indebtedness of .the City of Delray .Beach, Florida, and that thetract of land hereindescribed an~ petitioned t.o be annexed shall, upon such annexation, be zoned "C-3" (Wholesale and Light Industrial DiStr'ict). SECTION 4. That the land hereinabove described shall immediately become subject to..al~I of the franchises, privileges, immunities, debts, Obl,igations, liabilities, ordinances and laws to which lands in the City. of Del=ay Beach. are now ormay be, ex- cept as otherwise provided and set forth in Section 3 above, 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, ahall 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 llth day of February, 1963. /s/ . WALTER DIETZ '~YOR ..... ATTE ST: /s/ R. D. Worthing City Cierk 1st Reading JanuaPy/~, 1963 2nd Reading February~ll, 1963 35-H~ ORDINANCE NO. G-479. AN ORDINANCE OF ~{E CITY COUNCIL OF THE CITY' OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 20, CODE OF ORDINANCES OF THIS CITY, BY ADDING SECTION 20-14 PROVIDING FOR A DIRECTOR OF ZONING, DESIGNATING HIS DUTIES; AND PROVIDING THE MANNER IN WHICH THE APPOINTMENT IS TO BE MADE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY ~EACH, FLORIDA, AS FOLLOWS: ~ECTIQN 1. That Chapter 20, Code of Ordinances of the City of Delray Besch, Florida, be, and the same is amended by the addition of Section'-20-14, 'to read as follows: "There shall be and there is hereby established in the City of Delray Beach, the office of Director of Zoning. The City Manager shall appoint the Director of Zoning, who shall be responsible to the City Manager for the performance of the duties im- ' posed on him by this Ordinance, which are as follows: "(1) To attend all meetings of the Planning Board,' and to keep correct minutes of at1 the Board's meet- ings, and to maintain a permanent file in the City . Hall relating to all activities and proceedings of the Planning Board. "(2) To attend all regular meetings of the City Council, to represent the Planning Board at such meetings, and to report to the Board on all matters that are discussed at said meetings which are appli- cable to said Board. "(3) To work with and assist the City Clerk in processing all applicat.$ons for zoning and use changes. "(4) To coordinate work between the Planning Board, and all city departments, committees, and the Board of Adjustment when matters affecting planning or zoning arise. "(5) To coordinate work between the Planning Board and the County Zoning Board, and with neighboring cities in zoning and planning in areas where there are adjacent corporate limits. "(6) To prepare the annual budget for the Planning Board. "(7) To conduct investigations of projects when directed by the Planning Board. "(8) To maintain and keep up to date all Planning Board.maps, and also an official zoning map for the City. Page 2. Ordinance No. G-479. "(9) To coordinate work of the Planning Board with professional consultants. "(10) To attend the Annual State Planning and Zoning Conference unless in the opinion of the City Manager his absence would interfere with his other duties. "(11) To perform such other duties as the City Manager, from time to time, shall require of him." Passed on second and final reading in regular session on this the llth day of February, 1963. /s/ WALTER DIETZ M A Y O R ATTESTs /s/ R. D. Worthing 1st Reading .. J. nuarv ~. 196% 2nd Reading ..February 11, 1963