03-11-63 MARCH 11~, 1963.
A regular meeting of the City Council of Delray Beach was held
in the Council Chambers at 8:00 P.M., with Mayor Walter Dietz in the
Chair, .City Manager Robert. J. Holland, City At~orgey JOh~ Ross Adams
and Councilmen A1 .C. Avery, Emory J. Barrow, G~orge Talbot, Jr. and
Oliver W. Woodard, Jr., being present.
1. An opening prayer was delivered by the Reverend Ralph B. Johnson.
2. The minutes of February 25th, 1963 regular meeting were unani-
mously approved on motion by Mr. Woodard and seconded by Mr. Talbot.
3. Mr. John A. Dittrich of 1152-Lowry Street commented on the ~xist-
ence of two parking lots in his area and read the following letter
that he had written to the City Council concerning same.
"Confirming my remarks at the meeting of the Delray Beach
Taxpayers, there are two parking lots on West side of
Andrews Avenue - one N. W. corner of Lpwry and the other
about 150' north.
"These lots take care of the overflow.parking from several
Apartments on east si~e of Andrews Avenue, not only for the
tenants but for visitors, help and supply people.
"It is evident that.your present zoning laws do not require
sufficient area tO provide the necessary parking area as
many tenants have several cars. These lots are very un-
sightly and are not paved nor do they meet requirements of
Section 11 (1~ of your code that requires they be paved
and made dust proof. A number of old trucks park there not
only all day but sometimes over the weekend, and this present
condition is a detriment to the neighborhood.
"If we have to live with such a condition perhaps the apartment
house owner would co-operate pave and try to beautify these
lots with some proper planting such as a high hedge to serve
as a screen so as to eliminate the eye-sore these lots now are.
Trust you as the council will win their co,operation."
It was explained that said private parking lots were on the West
side of Andrews Avenue across from the Manor House and Grosvenor
House on private property. It was suggested that this item be re-
ferred to the Director of Zoning and to the Beautification Committee,
that they consult with the owners of the property and make a report
to Council. Following other comments, Mr. Avery moved that the
Zoning Director contact the owners of this property and get them to
meet with him and the City Beautification Committee and discuss this
and give the Council a report at the next meeting so that the Council
may know what to do in the way of leadership to help improve the
beauty and the serviceability of said area. The motion was seconded
by Mr. Woodard and upon call of roll, Mr. Avery, Mr, Barrow, Mayor
Dietz and Mr. Woodard voted in favor of the motion and Mr. Talbot
abstained from voting.
Mr. Talbot said that he felt said action was not the proper ap-
proach to correct the situation and that the property owners had
plans for future improvement of said parking areas. By unanimous
consent of the Council the portion of the previous motion concerning
the Beautification Committee was eliminated from the motion.
3-11-63
3. Mr. John Halstead of 951Alamanda Drive, Tropic Isle Subdivision,
i~lformed the Council that he is a Council Delegate for Tropic Isle
Civic Association, and presented the following public request to the
Council.
"REPORT ON CITY OF DELRAY BEACH DUMP
Request made by Tropic Isle~CivicAssociation on March 11, 1963
for clarification on the following:
1. Legal1 description-'of Dslray Beach City Dump, lying just
westerly of South D~xie Highway and Florida East Coast Railway.
2. Maximum, ultimate area of the dump in square feet..
3. Estimated volume in Cubic yards of the dump site still remain-
ing to be filled.
4. If garbage is deposited in the dump, what is its estimated
accumulation i~ eddic yards peraverage month?
5. %~at'~is the estima~ed volume of trash deposited, after com-
pression, in cubic yards per average month?
6. At the present rate of accumulation and deposit, approximate-
lY how many months wi~l elapse before the dump site will be
completely filIed up to grade level?
7, Is smoking prohibited at the dump?
8. What precautions are taken to prevent spontaneous combustion?
9. ~at precautions are taken in the disposal of paints and
other poSsibl~ eXpI~siVe 'chemicals?
10. What are the possible penalties for arson at-the city dump?
11. What is the estimated cost to the City of Delray Beach for
extinguishing fires at the dump during the last fiscal year?
12. Have treeand hedgep~ah'tings on its'Outer perimeters ever
been attempted to~disguiSe or beautify the d~mp site?
13. Has the City of Delray Beach any plans to start a new or re-
pI&C'ement dump'in an isolated area in the nea~ future?
14. Has theCityof Delray Beach explored-the possibility of
acqUiring an isolated s,~te for a new dump from the Flood
Contro! District or theState Of Florida?"
Mr. Avery'moved that the Clty Manager be instructed to furnish
the Tropic Isle CiVic Association the reques~e~ information. The
motion was seconded by Mr. Woodard andCa~rried ;~manimouely,
Ma~or Dietz asked that a copy of the information furnished, to
said Ass~ciation also be furnished to each Councilman.'
It.was'also s~ggested that Mr~ Halstead discuss these~tems with
the Ci]ty Manager.
3. Miss Dorothea ~. Galvin, Preeident',of~the Beach-Taxpayers League,
Inc., read the following letter addressed to the City council, from
Said OrganizatiOn, dated March 11, 1963.
"The Annual Meeting of the Beach Ta~xpayers League,'Inc. was
held at CityRecr%ational Center, Tuesday evening March 5,
1963.~ Over o~e hundred members-attended'. Xt'was t~e larqest
a~tendance in the history of'theB~aCh Taxpayers ~L~ague, Inc.
The League was formed in 1948.
"At the meeting the following motion was unani~us~y .passed.
'I move that the Beach Taxpayers League, Inc. be ~n record
as opposed tO an ordinance, permitting~igh riseb~dings
such as those proposed o~South AIA bdt which by ~ wording
of the present ordinanc6 are permitted in other a~S, such
as, part of Andrews Avenue, and further request ~aat .this
ordinance be revoked.'
"It,was also broUght to 'the attent,ion of the ~Lma,9~e ~ha~. ~he
present ~C~ty Ordinance' r~quiring ~e, ~ark'ing s~e f~r
apar=tment was inadequa~ It wa~'"°~n~' '~" the m~ers
that this ordinance should be reviewed by the Planning Board,
and the City Commission in the light that many tenants and/or
-2- 3,!1-63
owners of individual apartments have more than on~ car, also
~hat adequate parking be provided for visitors, maids and
service personnel.
"The Members of the League know that the Maygr and Commission-
ers will do all in their power to keep the present character
of Delray Beach.
"The Beach Taxpayers League, Inc. offers its assistance and
cooperation to the Commission at all times and in all areas
of the City."
Miss Galvin commented on construction of high-rise apartments and
stated that she thinks the ordinance concerning same needs review
and possible revision.
4. There was no Beautification Committee Report.
4.a. A roll call showed that the following Civic Organizations and
representatives were in attendance.
Chamber of Commerce Mr. Kenneth Ellingsworth
League of Women 'Voters Mrs. Charles Cross
Business & PrOfessional ~men's Club Mrs. Alyce Husa
Beta Sigma Phi Mrs. Gary Gooder
Beach Taxpayers League, Inc. Miss Dorothea Galvin
Tropic Isle Civic AssoCiation Mr. John Halstead
Planning Board Mr. Kenneth Jacobson and
Mr. Stuart Lankton
5. The City Clerk reminded the Council that a month ago 'they had
passed Resolution No. 1436, urging the Palm Beach Board of Education
and Superintendent of Public Instruction to consider steps to al-
leviate the overtaxed school facilities in'this area. The city. Clerk
then read the following letter from the Board of PUblic Instruction
of Palm BeaCh Coul~ty, signed by Howell L. Watkins, County SUperin-
tendent, dated March 1~ 1963.
"At the meeting of the Board of Public Instruction on February
19 your Resolution No. 1436 concerning school facilities in
the Delray Beach area was read for their action. They wanted
me to tell you that they sincerely appreciate your interest,
and will make this resolution a part of our minutes.
"A copy of the resolution will be given to the survey team
which will be working here next week.
"I would also like to add tha~we have recommended to the
Board that we have a survey of the-vocational.problems in
the county. I imagine that this survey will be in the very
near futura, since the survey staff for vocational education
is now working in Broward County.
"I will keep you advised as to the time they plan to be here."
5. Mayor Dietz said that he had a communication from the Florida
League of Municipalities asking that the council designate an in-
dividual to whom they could forward all material during the time
the Legislature is in session, and suggested that City Clerk Worthing
be designated as such person, and upon receipt of all such communi-
cations the City Clerk would furnish each Councilman with copies of
same, it being so moved by Mr. Woodard. The motion was seconded by
Mr. Avery and carried unanimously.
-3- 3-11-63
5.a. Mr. Avery stated, for the information of the public, that each
of the Councilmen and City Manager had received confidential report
and request from the Chief of Police, and that the reason this re-
port was confidential was that the information therein, if revealed,
would tend to undermine the effectiveness of .the Police Department
and seriously effect the security of Delray Beach; ~urther, that
there was a need for three Clerk-Dispatchers, one to be paid for
from the budget of the City. Clerk and two from the budget of the
Police Department, and that the cost of these three employees for
the remainder of the fiscal year would be $6,108.00.
Mayor Dietz said that, before he was asked to vote on an item
like this, he would like to have an administrative meeting of the
Council with the City Manager and Police Chief, that all.fully under-
stand what the situation is, and then appropriate action be taken.
Further, that he would desire that the press not be present at such
meeting as he feels that a matter o~ the Police Depart~_e~t or the
Fire Department is not something that is discusse~ in public.
Mr. Avery said that he had ~iscussed this problem with the Chief
of Police and the City Manager and feels that the need is critical
and should not be put off, and then moved that the addition of three
Police Clerk-Dispatchers, one to be paid from the budget of the City
Clerk and two to be paid from the budget of the Police Department,
be authorized imme~iately and that ~he sum of $6,108.00 be trans-
ferred to the Police Department from the Contingency Fund for this
purpose. The motion was seconded by Mr. Talbot.who _stated that he
felt this is a very critical situation. Th&~.he,,t.~s the absence
of Policemen on the street~ of Delray'BeaCh~'s '~e'=y noticeable, ~hat
he is concerned with the crime element and the lack of Police cover-
age over'the city~ Further, that he feels something is needed on
Ocean Boulev&rd to keep traffic moving. Mr. Talbotfurther said
that upon .inves~igation, after receiving said commUni~t~On from the
Police Chief, h~ found that the absence of the patrolmen around tow~
was due to them having to be called into the police station to do
the clerical work.
Mr. Woodard referred to the communications from t~,~olice Chief
an~ said that he felt same was not complete inform~, that he
fails 'to, see that there is any change in the opera~'~pf'the Police
Departme"t Since b~get time of last year, an~ t~at'h~ ~aS .not had
sufficient ~ormation t° prove to him that the "add,!~% employees '
are'needed, also that there shoul~ be additional in~0~on ~n this
item.
Mr. Barrowsaid that in checking with the Finance Director it
was found that the.fines of the Police Department were up over
$8,000.00 from last year, which fac~ could not have ~een known at
budget time last year, that he did some.investigating a~ter receiving
the memorandum from the Police Department and felt tha~ additional
employees are warranted.
Mayor Dietz said that before a decision is made on this matter,
that the entire Council should be present an~ have the opport~nity
of asking question~ of the Chief of Police a~d the City Manager,
and afte~ such a meeting the Council should act accordingly.'
~pon question by Mr. woodard, the Police chief repor't~ that there
were twenty-seven full time employees of the Police Department.
City Manager Holland stated that he did not advocate private or
secret ~ee~ngs, but that problems develop daily that he needs the
assista~=~ of the Council on. City Manager Holland ~sked for per-
mission ~r authority from the Council to call meetings, when it is
~nven~ wi~ the Co~,l, for conditions l~e th.~ Polioe ~tua-
tion,.an~ ~thers ~.~at occur, That he feels there .are many items
that ~e ~ daiiY?W~ere ~a ~olicy should be Set by Council0 and that
these items should not be aired publicly, or in the new~B~..p~.rs, until
the COuncil has set the policy. The City Manager f~r ~ated that
there wou~d be no okficial action taken ~t~said su~,~eeting ,
but what'he is asking for is a cl~rifi=a~0~ of a ~~"~ti~n of
Council policy, and that cannot satisfaG~0r~ly be d~e p~licly.
-4- 3-11-63
Mr. Avery commented as follows= "I would like t~ amend my mqticn
to this extent. That $2,036.00 go to the City Cl~rk'~i, Account and
$4,072.00 to the Police Department."
It was explained that by charter provision, th~_~.City Clerk is the
Clerk of the Municipal Court.
Upon Call of_roll, Mr. Avery, Mr. Barrow and Mr~ Talbot voted in
favor of the motion, MayorDie~ abstained from voting a~d Mr.
Woodard was opposed. The motion carried.'
Mr. Avery said t. hat he recommends that consideration be given to
the employment 'of~three. additional patrolmen; to 'be effective
October 1, which is the next budget year,.that this would not
quire an additional patrol car as these men would be filling in-on
days-off. That'he further~recommend.s that.the co~tents of the P01ice
Chief's report referring to the manpower Shortage in the patrol
personnel not be published as it w0uld undermine the ~ecurit~ of the
City.
Mr. Talbot said that he would take that suggestion to m~an that
this Council sh0uld get active in this matter in whatever way ~hey
deem necessary so that this situation does not occur again.
Mayor Dietz said he thought there should be a meeting .of the City
Manager, the Police Chief and the counciImen in order t6 get.the
necessary information regarding the state and condition of the Police
Department
5.a. Mr. Avery ~emin~ed the Council that the problems of the jail had
been referred tO~the Planning/zoning Board for a comprehens'ive report.
Further, that he had been to the jail and thinks it is a.deplorable
condition when the inmates have to sleep on the floor. It was re-
ported that there Were thirty males and four colored femaIessleep-
ing on the floor last night. Mayor Dietz asked for a repOrtOf the
same date last Year, for a comparison.
Following further lengthy Comments, Mr. Avery requested t~at the
Planning/Zoning B~ard give ~he Council a report as quickly as poSsi-
bls on this critical matter.
Mayor Dietz commented as follows: "If it is so critical it
should have been anticipated quite some time bac~. You don't jump
into these things here, an~'it's ridiculous to think that a Planning
Board can come up in two weeks time and give you a solution to a
problem of this type. This is a problem that needs study. I~ needs
administration and it is utterly ridiculous for a city of this size
to be making the kind of decisions that are being made here tonight
on something having to do with so important a thing as a Police
Department."
5.a. Mr. Avery informed the Council that he had received complaints
from citizens living in the vicinity of the Florida East Coast Rail-
road of a train going through town during the night and blowing the
whistle so loud that it is disturbing. Following comments and dis-
cussion regarding speed, disturbance, etc., of trains, Mr. Avery
moved that the Florida East Coast Railway Company be requested to
soft-pedal tho'se horns in the middle of the night. The motion died
for the lack of a seCOnd.
5.a. Mr. Avery stated that in regard to the upcoming sewer program
it is obvious that the city is very much bebind in the legislation
that is necessary to be up to date in said program, concerning
location of septic tanks, hook-in on the ,sewer, etc., and requested
that the City Attorneyconsult with the Engineers, with other towns,
and with the State Board of Health, in order to bring the city legis-
lation up to date as soon as it is possible to do so.
Mr. Avery reported that he had made a trip to Jacksonville con-
cerning'~his sewer project and that the State. Board of Health is
soon going to give approval of the plans which would step up the
program from two to three weeks with anticipation that work can be
started by the latter part of Apr~i or the first of May.
Mayor Diet.z a.sked the City Manager ~hen he could expect to re-
ceive a complete copy of everything pertaining to the sewer project.
CitTAttorney Adams sa%d that as far as the contract and specifi-
cations, that Russell & Axon are sending, copies for the Council this
week. Attornet~ Adams suggested that the Council should meet with
the Engineer~s again prior to letting,of, bids.
Mayor Dietz stated that anything that is. give~ to ~che Contractors
to bid on, he wants a copy of same, further, that he had re-
ceived an invitation from Mayor Carpenter of Lake Worth to meet with
him and .their City Clerk .for advice concerning things De.l,ray Beach
should be aware of in regard to Russell & Axon and the .sanitary
sewer program.. , ·
Mr. Avery recl~ested that 'the specifications...'f6r b~dding should in-
clude.the names of the sub-contractors,and suppliers., and the state-
ment that the City of Delray Beach wants, as near as possible, local
sub-contractors, suppliers and labor to be used on this job and that
the Council will use the extent of the amount of money that they
spend in Delray Beach in determining the-qualified bidder.
City Attorney Adams said that he had received the 'rough draft of
the specifications over the weekend and that the Councilmen would
receive their copies ~by Wednesday.
City Engineer Fleming stated that the various requests that have
been made are in the process of being changed, so far as specifi.
cations are concerned, further, that there are some changes in the
plans. That same have been gone over in the field to determine the
location of, easements, and where property could be p~urchased for lift
stations, etc.
~,~,.,,l,"~r~,~ Talbot referred to the Russell & Axon Analysis Of the
Delray Bea_.~h Waker Facilities Report and ~:~ha~t at the prel~minary
Council meeting of October 22, 1962 he had .~equested that this re-
pt be studied and the City Manager make recommendation to the
~ncil, upon advice of ~is staff, as to what portions of this
~nalysis should be embarked upon. That said analysis recommends
capital improvements of approximately $500,000.00-and since the
city water works would play an important part i~ the sewe=,~roject
~t is ~the obligation of the Council to. see that the .,~y waker works
t~ 'kept up as it should be.
Following lengthy discussion concer4~g this item, it was decided
to hg!d a special Council meeting consuming same at 2:00
Wednesday, March 20, 1963 in the conference room at.~the City ~Ia11.
~.a. Mr. Talbot mentioned a communication fo~rm the Florida League of
M~nic,ipalities under date of February 8th and asked if there had
been any action taken on it, or if .any,..act~on was~neceesary. This
ib~m was ~n reference to uniform traffic ~l~bol~ ~and devices.
The City Manager in-formed the ,Coun-c~l t/%at he has contacted
various state .a~enc~es .with a recommendation tha-t ~ey miql~t ~e-
commend to:~.:,~e Florida ~eague of MUni~.cipa'litie~. ,~.- ull-i~m code for~
.~he ~_~a~e of F~orida .and, all of its mun,.~cipal S~!~&v, isions r'elative
~-o establishment of traffic symbols and devi, ces,~
5.a., .4~r. Woodard infort~e~_.the ,.Council thai,he was presen~e'd with a
petition signed by thirteen property owner, s of-,Breez~ Ridge sst~tes
as fo lloyd :,
".We,,~.t~e ..~ople ,of Breezy-Ridge Estates w~i~h ~iS .~.now c&l~ed
SW 23rd, and 24th Avenues and located ~O. rth of A~an~c A~enue,
wou~ld lik9 the Council to change the address t~ read Northwest
rather than .~.~uthwest."
Mr? '~:.~':~,~pr~.' ~ed that there are seventy fo~w lots ~n said
subd/~! ~e~n of, :th~; be'/~ng~ improved ~operty,, fUrther, that
this pr~p.e~Ai ~s .North. of .~,~ay West
-6- 3-11-6.3
Following-diScussion,'Buildi'ng InSpector-Ralph,-Hugh~oW'exp~ained
that 'Atlantic Avenue paving ends at the'"S~aboard"Airl~n~ ~ailroad-
a~d ~hat it is Delray West Road that lies South of B~ee'z,y--Ridge"
Estates. That:the North' street right~-Of-wa~ in Br~ezy Ridge 'is
Atlantic Avenue. but thatit has never been opened~and'paVed;
This petition was referred' to the'City=~d~iniS~ration~With a
,request for s report on same a~ thenext,meet~n~.~
5.a. Mayor Dietz reported that he had been working On .theSPianS of
the Recreation Center for the West Sector with Architect Di~k Hanna,
the Community Relations Committee and'-the Barnes Committee,, who. were
all unanimous, at their last meeting, in their approval' of the plans.
Further, that he now has the final drawings~andspe'cificatfons, and
asked for Council permission to refer to the Architect.the right to
make a bid list a~give this'project out for"bidS~'if~a~ t~ir meet-
ing.'of March 18th, the'two committees are still unanimous ~n the~-
approval of said.plans. ~ '~'
It was noted tha~' the amount of money to be spe~t in Delray B~ch
wou!d be used ss a'factor in determining the qualifications of ~he
bidders on this project. -'
Mr. Talbot moved that Mayor Dietz be authorized tO.'permi't Archi-
tect Hanna to solicit bids on said'WeStSide RecreationCenter co~-
struction. The motion was' seconded'bFMr.-Barrow 'and?ca~ried','unani-
mously. ' ~--
5.a. Mayor Dietz asked City Manager Hollan~the Status of th~ Work
at the City Docks that the Plym company waw a.uthor~Zed-tO~'do,'~'%6
completion of the work, if it meets city specifications and ,if~t~re
is an approval in the city files.by the.City..Engineer that,t~,~rk
has been d~le'satisfactorily.
City~g~eer Fleming informed the Council. that when-he receives
notice to inspect same for final approval, that,'~ewil~'do so.
Mayor Dietz requested that each COuncilman receive 'a"cOpy Of ,said
written report of approval by the city E~gineer-~ when 'g~m~'has,~been
made.
6.a. Mr. Avery provided this item on the agenda for'possible con-
sideration by Council of his proposed policy procedure as read in
full at the Council meeting of February 25th.
Mr. Avery commen~ed at length on t~e type 'of industry th~ .~wo,uld
give economic balance to Delray Seach.,
No 'action thereon was taken.
6.b. Concerning the nuisance abatement at the Southwest corner of
intersection of N. E. 1st Avenue an~ 2nd Street, Mayor Dietz'thanked
City Manager-Holland for taking care of same.
6.c. City Clerk Worthing informed the Council that an application
had been received for water service to be furnished Lot 41, 'Lake
Shore Estates, and that the Water Superintendent, Mr. Paul N~colls,
advises of there being a su.fficient supply of water in thi~"area.
Further, that the applicant has executed an agreement whereb~ said
Lot 41, Lake Shore Estates may be annexed 2o the City of Delray
Beach, if and when such land becomes annexable by virtue of being
contiguous to the city's boundaries.
Said request for water service to Lot 41, Lake Shore Estates, was
unanimously granted on motion'byMr. Woodard and seconded by Mr.
Talbot.
6.d. An Assessment Roll covering the cost of authorized~ment
on the South side of S. W. 1st street between 3rd and 4th Avenues
and on the West side of S. W. 3rd Avenue between 1st and 2nd Streets,
was presented to Council ,and same was unanimously approved on motion
byMr. Woodard and seconded by Mr. Talbot~
-7- 3-11-~3
6.e. Regarding further considerationof petition for annexation of
Lots I and 2,, Delray Beach Shores, City Clerk Worthing reviewed this
itemas follows~ ~ -
"Ordinance~No. G-448, providing for possible annexation of Lots 1
and 2 in Delray~Beach Shores, was ~abledat.Council meeting .held on
February 25th. The Planning/Zoning.Board held a specialmeeting on
Monday, March 4th, With the ,Co~nci-t being present, and discussed the
nature of protests from many owners of properties in the general
area of said Lots 1 and 2 relative to.the annexation of those lands
under the conditions,,contained in proposed Ordinance No. G-448,
namely, allowing multi-family dwelling unit construction thereon.with
building height, as limited on May 24, 1962, the date of petition
for annexation, .being waived.
"The Planning/Zoning Board determined the advisability of reviewing
the possible effect of Ordinance No. G.468, .passed and adopted by
Council on November 26, 1962, which increased the building height
limit from 45 feet, as then in e~fect, to 100 feet in R-3 zone
(Multi-Family Dwelling District)and it issuggested that further
consideration of annexation, as set forth in said Ordinance NO.
~-448, be deferred until report is received from the Planning/Zoning
Board as a ~.result of the ,Board's study pertaining .to height of con-
str.uction to be considered,.~in the best interests of the city,~ with-
in R-3 zoned areas throughout thecity."
The City Clerk ,~hen read the following Planning Board report con-
cerning same., dated March~llth, 1963, and also read aletter dated,
March 9, 1963 from Mr. John A..Dittrich in regard to ,high-rise
apartmentsand the~present zoning laws.
"In,reference to,a~nexa~ion request or, Lots. 1 &~2,~Delray Beach
Shores, the Planning Board respectfully recomme~ds that this re-
quest be held ~ia.abeyance un~il a review o~ height limitations
as .p~rtai.ni~.to 'R~3.,-zone can be made by the.Planning Board ~n
that the objections expressed by-adjoining county residents
seemed ~to reflect an objection to possible 100 foot heights~ only,
J~a~e,be a~ise~ that the ~lanning Boar~ has commenced such
review as stated above, and~.reports att~$&me.a.~s~Ort hiStory
.of height~!&m~tatipns,as has~ been ap~lie~by.~r~ance,since.
1948. ~nttl 1956, 100 foot .high b~ildings, w~re~ermitted on
ocean front property in the R-3 zone. ordereR-3 zoning, limit-
ed heights ~to 35 feet or 2% stories.
"~pon p~a~e of Zoning Ordinance No.-~-234, 195'6, this same,
height limitation was continued. In 1961 the Zoning .Ordinance
was revised to permit, buildings of 100 feet in any R-3 zone.
~r~o~idiDg =e=ta~,.,additional yard set backs be,.~pp~ied for that
height mxceed~ng ,~5 feet. In November of~.!~6'~i, the Ordinance
was again revised to permit buil~ing~ of 100 foot height i~ al~
R~3 zones~ b~t,providing for an ad~t.~nal 5 feet offset backs
at si~e and rear yards for all buildingsexceeding three stories
or 45~ feet in height.
"All of the foregoing Ordinance ch~q.eaw. er~,ado~tedonly after
public hearing~ No~s~bstantial ob~t~ons~.~ere received from
residents of .Delra~ ~Bea~h.
"The Planning Board is continuing review of height limitation
in all R~3.Zones with the purpose of concluding if other limi-
tations are advisable in certai~ar~as.
"Until this review is.concluded it is recommeaOed that no in-
terim restrict,ions be placed' on the present R-a.zoning."
-8- 3-11-6~
It was suggested that the Council may~wish ,to cons~er directing
the Building Inspector-to temporarily with-hold consideration of ~y
requested construction permit in R-3 zoned districtsfor a p~Fiod of
45 days. :,
It was mentioned..that, manyowners of R~] zonedlproperties now
have plans for construction on same and that such a moratorium would
not be to the best interest of construction ~n Delray Beach.
Mayor-Dietz informed--the Council that~Atterney George Pink,
present&tire of the owners of.~:Lots I & 2, Delray,Beach Shores,,had
planned to consult with said owners to ascertain if they could con-
struct the building that they wished to construct, but have ~ in
line with the Zoning Ordinance as it was prior to the height,being
increased to 100 feet.
Attorney George Pink informed the Council that said proposed
apartment building height was 65 feet.
Attorney Clinton,Scott, representing a delegation of 21 property
owners in Delray Beach Shores present tonight, stated that th~
objection is that a high-rise apartment, which would be somethi~g
in excess of 35 feet, would depreciate the value of their singl~
family one story residence dwellings which are all of ~ubstantial
value, and that many of ,these people are considering amnexation to
DelrayBeach0 but some are withholding their-de~ision pending the
city's decision concerning Lots 1.a 2 of said subdivision.,
Mr. Fred M. Spinner, developer of Delray Beach Shores-..Subdivision
commented on the zoning and deed restrictions of said subdivision.
Following discussion on zoning and deed restrictio,ns, Mr. Talbot
moved that Ordinance No, G-448 be removed from the~le~ The motion
was seconded by Mr. Barrow and unanimously carried.
Mr. Talbot then moved that Ordinance No. G-448 be denied. Mayor
Dietz relinquished the Chair to Vice-Mayor ,Avery and seconded'the
motion.
Mr. Wood&rd said that hefelt the properuse of the subjec%~prop-
erty is R-3 zone but that there should be. a limit of height~of build-
ings in such an R-3 zone adjacent to R-IAAA and R-XAA zones, and
commented on a-possible sub-cat&gory in R-3 zoned districts~',-so that
you would not go immedia.~e~y from a single family residence to a
100 foot building, FUrther, thatwhen he votes in.favor of accepting
the request for the building that has been requested, that he is vot-
ing for it on the basis that.it is a 65 foot, height building and that
the proper use of this land is R-3, also that the City has no alter-
native in an R-3 zone.
Upon call of roll that Ordinance No. G-448 be denied, Mr. Barrow,
Mayor Dietz and Mr. Talbot voted in favor of the motion and Mr.
Avery&nd Mr. Woodard were opposed. The motion-carried.
Mayor Dietz then st&red,that the Chair would entertain a motion
that Ordinance No. G-4~8 stay the Building '~nspector from issuing
any permits for~a period of 45 days on high-rise buildings, it
being so moved by Mr~ Talbot. The mo~ion was seconded by,Mr. Barrow.
Following discussion~ a~d upon call of roll, Mr. Barrow, Mayor
Dietz and Mr. Talbot voted in favor off_the motion and Mr. Avery and
Mr. Wood&rd were opposed. The motion carried.
6.f. For consideration o~ bids received for construction of Water
Supply Well No. 5, Cit~Clerk Worth~ng presented the following re-
capitulation of bids received for construction of said well at the
north water plant site, followed by the recommendation of the City
Engineer as a result of his review of the bids.
For 12" Gravel Alternate - A 10"
T~De Wel~., . ~avel P~ked~We11,
Layne-Atlantic Company $7,385.00 .$10,500¥00
J. P. Carroll, Inc. 8,403~00 6,3~9.00
Vickere Well Drilling 9,375.00 :6,985.00
-9- 3-11-63
"Three bids have been received by the city for the con-
~struction of-a ~roposed new ~ater well at the north.plant
si~e.~. Specifiuations':for this wellincluded a specified ·
typ~ of constr~ction, and PrOvision. for an alternate bid,
by the-contractor,,in which he would guarantee 1,000 gallons
perminute with the well being built on the city's~specifi-
cations.' ' ~.
"It' is the~recommendation of the~ City,Engineer, as well as
the Water Oepar~ment Superintendent, that ,'the bid of J. P.
Carroll0 ~nc., for Alternate No.~. 1, which is for the construc-
tion of one 10" Gravel Packed Well as specified with a guaran-
tee~ total yield.of 1,000 G. P. M,~ at the total cost to the
city of $6,379.00 be accepted, this being the low bid for this
item."
It was reported that the City Manager concurred with ~he City
Engineer?s recommendation, and that fundsfor said water ,well con-
struction are inthe current budget. I.t was moved by Mr. Barrow,
seconded by Mr. Woodard and unanimously Carried that the recommend-
ation of the City Engineerand the City Manager be accepted.
7.a. It was reported'that on March 15th, 19630 the, terms of the
following members and their respective alternates, on the Board'of
Adjustment would expire=
Member Al~ernat~
Mr. Ward M. Robinson Mrs. Eleanor Gringle
Mr. C. J. Manson Mr. J. LeRoy. Croft.
Further, that it had been recommended by the remaining members
of.the Board, of, A~Ust~ent~lat the above listed members and their
alternates be reappointed for a three year term commencing on the
,above mentioned date, it being so moved by. Mr& Woodard. The motion
was. aeConded by Mr~. Barrow and carried unanimously.
7.b.-The Council was informed that the agreement from Florida East
CoastRail~ayl Company relative to a 10 ~ ~mter, pipe crossing £m-
~ed~ately East of Lot 106, Plumosa Park Subdivision, had been re-
~'~eived, and also proposed Resolution No. 1445, concerning same.
TheC£ty~Manager asked-that paragraphs 20 and 2! of said agree-
ment be read, which are as follows:
"20. Licensee agrees that upon completion of insta,11ation
of'the carrier pipe and casing pipe, a pressure test for
the maximum, pressure to~'be carried in~.said p~pe .l~ne shall
be made, the results thereof shall be to the entire satis-
faction of an authorized representative~of the~ailway.
Casing pipe~'may be open at~bOth, ertds if-~ocal~.cOn~itions
permit water from possible leaks ~o dis0~ge into. a drein-
age ditch off Railway's right-of-way, o~!'if this is not
practical the casing pipe Sh~ll be sealed atb0th.-.~nds and
provided witha relief~vent w~ch will disch&~ge 'water from
possible, leaks.into a di~tch o~ sewe~ off~.~Ra~lw~.y'~s right-
of-~ay . The trench excavation on the Ra~Way's right-of-way
sba1! be-backfi~ ~be~ in layers of a sU~e,~&~al thoroughly
compacted to the proper 's~T~ace of.'.~Ound0 all~ at the ex-
pense of Licensee. and subject to ~heagp~oyal of an au~ized
representative off,the Railway. ~
~21. ~t ~s ag=ced between the ,parties hereto that certain em-
~.~.~ 9~.,~.t~.~Railway~ar~.,~n.~e an~ th~ on account of
s~cb ~trike Railway. Company may not for a considerable perio~
of time be able'to provide'a~,'the,91ace whe~e,.th~.%tOrk will.
be performed a representative of the Railway company to super-
vise the installation of t~e appliances, devices or equipment
-10- 3-11-63
of the LiCensee hereinabsVe described; If RaiLway, ~company
is so-unabIe~ to ·prOvide su:ch rep~e~ntative, at the site of
the work, then at the 'e~ld' O'f months from date hef~of,
the Licensee may demand that Railway refund to Licensee any
sum of money he,sro;fore 'P&id Railway by Licensee pUrSuant to
this instrumentJ Upon refund being made all furth~r'.'liability
of either party to the other-shalL' cease and terminate:"
During discussion, t~e use of an. alternate proposed.' 'route was
mentioned. City Engineer Fleming stated-that it would .b~ difficult
to obtain an easement in connection with-said alternate proposed
route'.
Following further discussion; Mr. Avery moved, to authorize the
City~Administration to procee~ with' the water line0 .to and from the
railroad property and get that part. in. as qUickly as possible, the
motion being seconded by Mr. Talbot.
City Clerk Worthing informed ~e CoUncil Of ReSolution N~. 144~
which should be acted upon as part of the. reqUirements of the~ F. B.
C. Railway. Company and Mr. Avery and Mr. Talbot withdrew their.mo-
tion and second.
City Clerk Worthing then read RESO~UT~ON,.NO. i-4.45';
Upon motion duly made 'and se'conded, the f=11owin-g resolution
was passed and adopted.-
BE IT RESOLVED by the City Council of the' City of Delray Beach,
a municipal corporation of the State of Florida=
1. That the ~aid City of Delray Beach, Florida, consents to and
agrees to enter 'i:nt~ .'an":'agfe~meh2. with Florida Bast Coast Railway
Company, wherein and ~wherebY' Said City o[' Delray-Beach', F~o=ida; is
given the right and privill.ege' of ins2alLing a~'mainta[n~g, a"ten
inch cast iron water pipe across and under t~e
tracks of the Railway in the C~ty of Delr~y Beach,'~ Pa'Ifii~g~h county,
Florida, at the locatio~ ~o~e particularly d~Scrib~d ~ ~f~em~nt
attached hereto and as per' Railway's Plan Corr. File 315-4 dated
February.~20th, 1963, ai1 accordin~ to the' further te~- ~nd
tions of said proposed agreement attached hereto and made a paTt
hereof. - ·.
2. That the City Manager, with the attestation of the City Clerk,
be and thee.each are hereby authorized and directed to execute
the said agreement for and on behalf of the City of Delray Beach,
a municipal corporation of the State of Florida%
3. That this resolUti0n shall take effect '~mmed'ia'tely'upoh its
passage, this llth day of March, 1963.
Resolution No. 1445 was. u~animously pa~'sed and adopted on motion
by Mr. Avery a~d seconded by Mr. Talbot.
Mr. Avery then moved that the City Administration be i~Str~cted
to proceed with the water line to and from the railroad track, and
connect through the railroad tract if. a~d when the~ representative
of the railroad company can come down. The motion was secOnded by
Mr. Talbot anW carried unanimously.
7.c. Concerning bridge opening time control; City Clerk Worthing
read the following con~unication addressed to Mr. Mark Fleming,
City Engineer, from L. N. Landry of the Florida State . Road Depart~
ment, dated February 28, 1963~ ' ·" '
ofi!~ebruary 25, 1963 to M~. J. L. Papy, Mainten-
letter
ance Engineer, h~s been transmitted to this offiC~ for handling.
'-11- ' 3-11-63
,Any municipality which desires to control the time at which
bridges within that municipality wLll be opened must apply
to the United Skates Army Corps of Engineers for permission.
"We believe that if you.have a peak vehicular-traffic con-
dition, which is creating excessive congestion, and bring
these facts before the Corps of Engineers, that it will be
possible to place regulations on bridge openings as other
municipalities.have done. I trust that this information will
be of some assistance to you."
Mr. Talbot complimented the city employee responsible for start-
ing this investigation as it is of terrific interest to the city,
and moved that the City Manager be, instructed to proceed with a
study of the peak vehicular traffic condition, and see what can be
done about making application to the U. S. Army Corps of Engineers
fo~ 'relief by the' timing of the open+ng and c%.osing of the bridges.
The motion was seconded by Mr. Avery and carried unanimously.
8.a. City Clerk Worthing informed the Council that ~ .compliance
with Sect/on 191 of the City's Charter, notice .has/~been legally
provided that a public hearing will be held by council at this meet-
ing, for -the purpose of final'consideration of proposed amendments
to the Charter of the City of Delray Beach, Florida, as reflected
in the sixteen BILLS recommended to be submitted to the 1963 Session
of the State Legislature.
RESOLUTION NO. 1442.
A RESOLUTION OF THE CITY-COUNCIL OF DELRAYi~EACH,
FLORIDA, REOUESTING THE LEGISLATIVE ,DELEGATION OF
PALM BEACH COUNTY, FLORIDA, TO PRESENT CERTAIN
~EFORE TH~' 1963 SESSION OF TfIE FLORIDA LEGISLATURE
A~END~NG T~E CHAR, TER OF 'DELRAY BEAC~{, AND VALIDATING
AND,.-CONFIRMING' ORDXNANCES AND ,RESOLUTIONS.
{[c'o~F of Reso-lu~ion, No. 1442 is attached to and made a part of
the Offici~.l ~Copy of these minutes) (See PaEes 6~-0 %h~u
There being no objections to Resolution No.. 1442, _said Resolution
was unanimously passed and adopted on motion by Mr. Avery and second-
ed by ,Mr. Woodard.
8.b. City Clerk presented ORDINANCE NO. G-48D.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
LEV~fING THE ASSESSMENTS AS SHOWN.~Y THE ASSESSMENT
ROLL SUBMITTED BY T~E CITY MANA~C~ER OF SAID C~TY,
FOR CONSTRUCTION OF A SIDEWALK FIVE (5) FEET IN
WIDTH ON THE soUTf{:SIDE OF S. W. 1ST STREET BE-
TWE~N S. W. 3RD AND 4TH AVENUES: ALSO ON THE WEST
SIDE OF S. W. 3RD AVENUE BETWEEN S. W. 1ST AND 2ND
STREETS.
Ordinance No. G-480 wa.s ~n~,mously-placed on first reading, on
motion by ,Mr,. Talbot an~ seconded by Mr. Woodard.
9. Concerning abandonment of a 10 foot alley in Block 85, which
item had been~$eferred to the Planning. Board,-~C~ty Clerk Worthing
read the following 'Planning, B~ ,~ep~rt da~,MaE~h 4, 1963.
"On February 4, 1963 the Council referred to the ,,~anning
Board, the request of W. C. Williams III, to pave or dis-
claim ownership to a ten foot alley in, ~lock 85.
"On February 22, 1963 the Planning. Board met ~d 'voted
unanimously to .recommend to ;tl~e C~u~ ~iL. that the .ten
foot.alley in ,Block 85 be, abandoned, subject to review
and approval of the City Manager and Enginee~.!Rg Department."
Mr. Talbot said that after inspecting said~property he was not
in favor of abandoning a ~ght~of-way !~a,t location. Mr. Talbot
suggested paving-the alley'~igh~-Of-way along the F~10ri,da~ast ~oast
Railroad, ~outh. of' Atlanti'c 'Avenue i,~.O=der to help take care ~ the
traffic problem, It was explained that said 10 foot alley did.~ot
extend Northward to'Atlant£c Avenue and lay west of, the .F.E.C.
Railroad property, .which railroad property, was .of s~fficient width
to be paved and help take care of some traffic~ in. that area.,
City Manager Holland said that he would not recommen4 paving a
10 foot alley as that was not of sufficient width to be beneficial.
The City Manager informed the Council ~t~h. at he had tai-ked with an
official of the F. E. C. Railway Company who had agreed that ,~ City
could use the railroad alley South from A~lantic Avenue to 'the. first
East-West alley in Block 85, but that he would not co, mit himself
further than that.
City Clerk Worthing then read HESOLUTION NO. 1441. .~ ..
A RESOLUTION OF THE CITY ~COUNC~IL..O1~, THE CITY OF
DELRAY BEACH, FLORIDA, VA~ATI-NG AND ABANDONING THE_
TEN FOOT NORTH-SOUTH ALLEY IN BLOCK- 85 LYING BE-
TWEEN LOTS 1 THRU 18 OF SAID BLOCK, 85 AND THE WEST-
ERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST
RAILg~AY COMPANY AS APPEARS IN PLAT BOOK 4 PAGE 14,
PUBLIC RECORDS OF PALM BEACH COUNTY, ~FLO~OA.
(Copy of Resolution No. 1441 is a. ttached to and made;,.a p~rt
of the official copy of these minutes. ) (.See pa~e.'~)
Mr. Avery moved for adoption of Re'solution No. 1441,. the motion
being seconded by Mr. Barrow. Upon call of ro11, Mr. Avery., Mr.
Barrow, Mayor Dietz and Mr. Woodard voted in favor of the motion
and Mr. Talbot was opposed.
X. City Manager Holland informed the Council that he had a list of
alleys in town that he would like to have opened sometime in the,
future, and that he had used one- alley as an experiment and
garbage pickup had saved 80-minutes, three times a _week for. a crew
of four, which kept the trash off. of the streets and was a '.consider-
able saving in time and money.
9.b, City Clerk Worth~ng reminded tha Council that on January 28th,
they had appointed, a., .committee consi~t, ing Of the City~ Manager as
Chairman, Col. K. E..-Ba,ll.iet and Attorney Rhea ~itley, to review
the spoil area easements in the Yacht Basin lying between. Block K
of John B. Raid's Village and the Intracoastal Waterway.
City Clerk Worthing then read the following report and proposed
Resolution No~ 1443, from aaid ~ommittee, dated March.8, 1963.
"Your Committee, appointed to make recommendations regarding
possible deposit of atto_ il by Florida Inland Navigation Dis-
trict on certain submerged lands in the City of Delray Beach,
Florida in connection with proposed dredging operations in
this area, met Thursday, March 7, 1963.
"Present were Harry W. Gerquest, representing City Manager
Robert J. Holland, Colonel ~.. E. Balliet and Rhea Whitley,
Committee members. Also present for advisory purposes was
John Ross Adams, City Attorney.
-13- 3-11-63
"After discussion of the various possibilities the following
proposals are made=
"1. That the City Co~mcil~'adop~.-'a resolution requesting
Florida InlandNavigation D~str£ct~not to use the'area in
question for deposit of spoil. Copy of suggested ~esolution
is attached hereto.
"2; That the City Council make an'offer to Mr. Frank DeRice
to abandon the 25 foot right of. way of Casuarina Road
jacen~'to the North boundary of Lot "X"', ..BloCk 14, Seagate
Section "A", wh~ch'.is owned, by Mr. DeRice, in.exchange for
a deed from Frank DeRice to the City of Delray Beach, con-
veying such title, as he might have to the Southone-half
Of Blocks 136 and '144~
"It is believed that the above recommendations, if im-
plemented by the City ~council, will be' effective in preserv-
ing the present character of the.basin as'an attractive City
asset and recreation area."
RESOLUTION NO. 1443.
A RESOLUTION OF THE CITY COUNCIL' OF TH~ CITY OF
DELRAY BEACH, FLORIDA, REQUESTING A~D URGING
FLORIDA INLAND NAVIGATION DIS~RI'CT NOT'TO DEPOSIT
SPOIL 'FROM DR~DGING.. 0PE~ATION~ 'ON-CEHTA~N SUBMERGED -
LANDS IN~THE CITY OF DELRAY' BEACH, ~O~DA.
(copy of Resolution No. 144.3 isYattache~ to and made a part of
the.official copy of these minutes.)~ ~(See Pa~e
Mr. Avery stated that he is in'favor~.~ ~he city acquiring said
property but there is also other proper~y N~r.th of this piece',
further, .that he would' like.to see thi~'~te~ tabled until the'next
meeting and the Committee instructed to contact Mr. DeRice.
Mayor Dietz 'stated that he had talked'.with Mr. DeRice who is
aware'of-ReSolution' No. 1443., a~d that .sa.id resolution should be
act~ upon'~ton~ght.
Mr. Talbot moved that Res~ution N~. 1443 be pas~ed and. adopted,
the motion being .seconded by Mr.. Barrow. Upon call of roll, Mr.
· Barrow', May°~ Die,z; Mr. Talbot and Mr'~ Woc~ard' vot'e~ in favor of
the motion:andM~. Avery abstained .f~om v~ng.
Mr. AVery-mo~ed"that the Committee sit ~with Mr. DeR[ce as soon as
possible and Start di~cussingthis thi~g, and~'also research the title
on the property to th~-~North of his. .Mr;'.Avery further stressed the
importance of obtaining all of this sub,erred Ia~d and of getting
the fill easement lifted as soon as possible.
Mayor Dietz said that ~e had talked to At~e~ ~itle~ who
thoUght~ that the" imPOrtant th:i'ng ~o p~ect~h~6~ property owners
was to pass the resolution' that-had }'us~ been passe~, and that the
othermatter was q~ite invol%ed and wOUld take a lot of time and
suggested that it not be.rushed into, but t~'ha~dle the. whole ~hing
as one piece.
~fter being questioned concerning th~S .mat.~erduring the lengthy
discussion, City-Clerk'W0rth~g.~tated,-,:~hat~t w~uld be well to
consider Paragraph 2 of the Committee's letter that was rea~ tonight.
FOllowing discUSs~on,'CitY Manager iHo:~l~'~sa~d that he would in-
struct Mr. Worth~ng, Mr; HarMy. Gerquest', 'C~'A~rBey Adams and
Attorney Rhea'Whitle7 ~ .h~.Ve a meeti~g'a~'~.~y"tosolve'th~s~ problem
and come to the COuncil-Wi.th a.':recO~mend-a't£~n~,:
10. Concerning an item that was referred ~o the Planning Board re-
lative to permiseive use exPansion 'of ~:Oad~s~ng station'.activity
to Lot '1, Go~fView Eetates, City Clerk:'Wo~th~ng'~'~'the f0~lowing
report from the. Pla~ninu~oard~date~Mar~h,'~l,
-14'- ~ 3-11-63
"The Planning Board received a request from the Chamber
of Commerce for expanding a permissive use to
Golfview sub-division.
"The Board recommends to Council that the permissive, use
be expanded to Lot 1, ~olfview sub-division, for parking
use only."
City Clerk Worthing recommended to the Council, if they sustain
this recommendation, that it be subject to dedication of the North
15 feet' of said Lot 10 GOlfview.Estates for right-of-wa~pUrposes.
It was noted by City Attorney Adams that a Public He,ring should
be provided on this item and it was so moved by Mr. Woodard~ The
motion was seconded by Mr. Barrow and unanimously carried.
10.a.A.bill in the amount of $800.00 from City Attorney Adams for
legal services rendered in connection with-Legislative Bills was
presented.
The following b~lls for approval were also presented:
General Fund $62,491.95
Water Fund - OPerating Fund 2,812.26
The bills were unanimously ordered paid on motion by'Mr, woodard
and seconded by Mr. Talbot.
The meeting adjourned at 11:10 P.M% on motion by l~r. Woodard.
R. D. ,~WORTHING
City Clerk
APPROVED:
MAYOR
-15- 3-11-63
64'A
A TL~O~,I~ION OF T~, CI~T COUNCIL
CI~ ~ DE~Y ~CH, F~I~, VACATING
AND A~NDONING T~ T~ FOOT NORTH-BO~H
~ST COAST ~I~AY C0~ AS App~
IN P~T BOOK 4 PAGE ~, P~LIC ~0~
0F PA~ ~CH C0~. F~RIDA
~S. the fiSt-or'way described above has
not been opened or developed, and
s.m
III the o~e~s of ~ts 1 t~u 9, BlOck 85 abUtt'i~ said
~i~-~--way requested ~e vacation and ah~do~ent there-
cf, as said ri~twe~-way is ne lo.er ~equired fOr,providing
egress and l~ess .to' any lands ~d:should therefore revert
to the o~iginal o~ers or their successors or assign.
OF T~ OI~ OF DE~Y ~CH, FLORI~:
~at P~suant to Section Seven(7), paragraph T~ee
(3) of the Charter for the City of De~aY Beach. Florida, we
herebY-declare the. following ri~t~of~way in' the City of
De~ay Beach, Florida, to be ~acated and abandoned:
~e ten foot North-South Alley in Bl~k
85 lying between ~ts 1 t~u 18. of S~id
Block 85 and: the westerly ri~-of-WaY
line ~ the Florida East Coast Railway
CO--any as app~ears in Plat BOok 4, page
~,~ Public Records of Pa~ Beach County,
Florida.
PASSED AND A~PTED in re~lar session this the
llth day of ~rch, 1963.
MA YOR',
ATT~T:
ROBERT .p, WORTHING
OXt~ Clerk' ' '
64-B
RESOLUTXON NO. 1443.
A RESOLUTION OF THE CXTY COUNCIL OF THE CXTY
OF DEL~AY BEACH, FLORIDA, REOUESTXNG AND URGING
FLORIDA INLAND h~ATION DISTRICT NOT TO DE-
POSIT SPOIL FROM 'DREDGING OPERATIONS ON CERTAIN
SUBMER~ED LANDS IN THE CITY OF DELRAY BEACH,
~LORIDA ~'
V~EREAS, the Florida Inland Navigation District owns
an easement for the deposit of spoil on a portio~ of certain
submerged lands ~n the City of'Delray Beach described as
follows:
Blocks 136 and 144 lYin~ East of East Right
of Way line of Intracoastal Waterway; and a
parcel of land bounde~ as follows:
O~ the North by the South boundary of Block L,
John B. Raid's Village, extended Westerly to
East Right of Way of I,ntracoastal Waterway;
on the East by the East line of said Block 144
extended Northerly~ on the South by the North
li~e of said Blocks 136 and 144 and on the
West by East Right of Way line of the Intra-
coastal Waterway.
~EREAS, the water covering the submerged land forms
a large' basin which is an attractive and valuable civic asset
and is available to and ,enjoyed by the public for boating,
fishing and other recreational uses~ and
W~EP~EAS, the City of Delray Beach.has given Florida
Inland Navigation District an easement to deposit spoil on
the public beach, opposite the East end of Casuarins Road
and the use of the said sulanerged land should not be required
in conjunction with proposed dredgingoperations; and
WHEREAS, due to extensive erosion, fill is very much
needed on the said public beach.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Delra¥ Beach, Florida that Plorida Inland Navigation
District is hereby requeste~ and urged not to use any part of
the said subm~..rged land for the deposit of spoil from proposed
dredging operations, thereby preserving the basin as an attrac-
tive recreation area for the use and enjoyment of the public~
and
BE IT FURTHER RESOLVED, That a copy of this Resolution
be furnished to appropriate officials of Florida Inland Navi-
gation Distriot.
PASSED AND ADOPTED this llth day of March, 1963.
- /S/ W~LTER DIETZ , .......
MAYOR
ATTEST:
/S/..ROBERT_ I~. WO_RTHING City Clerk
64-0
RESOLUTION NO. 1442
A RESOLUTION OF THE CITY COUNCIL OF DELRAY
BEACH, FLORIDA, REQUESTING THE LEGISLATIVE
DELEGATION OF PALM BEACH COUNTY, FLORIDA, TO
PRESENT C.~RTA~N BILLS BEFORE TH~ 1963 SESSION .'
ORDINANCES AND RESOLUTIONS.
BE IT RESOLVED C6 CIL OF THE'CITY OF
DELRAY BEACH, FLORIDA, AS..~OLLOWS -'
SECTION 1. That the legislative delegation of palm
Beach County, Florida, is hereby requested by the City
Council of Delray Beach, Florida, to present to the 1963
session of the Florida Legislature for passage, the
following bills which are described herein by title for
identification, the f011owing titles being those that appear
on the bills to be presented, and'%~hich accurately describe the
subject of each bill:
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER
25786, SPECIAL LAWS OF FLORIDA; ACTS OF 1949,
AS AMENDED, SAME BEING THE CHARTER OF SAID
CITY BE AMENDING SECTION 63 THEREOF BY ADDING
A .SECOND UNNUMBERED PARAGRAPH THERETO EMPOWERe
II~ EVERY POLICE OFFICER OF THE CITY OF DELRAY
BEACH, FLORIDA, TO~URSUE ACROSS AND BEYOND THE
CORPORATE LIMITS TO ANY POINT IN PALM BEACH
COUNTY, AND ARREST WITHOUT A WARRANT, ANY PERSON
WHO HAS COMMITTED A VIOLATION OF THE CITY ORDI-
NANCES WITHIN THE CORPORATE LIMITS, PROVIDED
THE VIOLATION IS COMMITTED IN THE PRESENCE OF
THE POLICE OFFICER AND PURSUIT OF THE ALLEGED
vIOLATOR IS ~CONTINUOUS AND SS MADE II~4EDIATELY
THEREAFTER~ ~ND PROVIDING AN EFFECTIVE DATE.
AN ACT RELATINO TO T~ CITY OF DE,HAY BF~CH~
AMENDING CHAPTER 25786, .SPECIAL LAWS OF FLORIDA,
ACT~ OF 1949, AS A~ENDED, SAID CHAPTER BEING
TH~'.-CHARTER OF SAID CITY, BY ADDING SECTION 6 A,
DESIGNATING CERTAIN REAL PROPERTY IN PALM BEACH
COUNTY, FLORIDA, AS THE GREATER DELRAY BEACH AREA~
PROVIDING METHODS FOR ANNEXATION OF ANY REAL PROP-
ERTY LOCATED IN THE GREATER DELHAY BEACH AREA THAT
IS NOT IN THE CORPORATE LIMITS OF THE CITY~ RESERV-
ING SAID AREA FOR THE FUTURE GROWTH OF THE CITY OF
DELRAY BEACH~ AND PROVIDING AN EFFECTIVE DATE.
AN ACT RELATING ~ THE C~TY OF DELRAY BEACH,
PALM. B~ACH ~UNTY, FLORIDA, AMENDING CHAPTER
2578~, SPECIAL LAWS OF F~ORIDA, ACTS OF 1949,
AS EEING CHAR R OF SAID CIT
BY REpF~ING SECTION 179~THEREOF SO AS TO ELIMI-
NATE TB~ PROVISION PROV~DIN~.~ A ~0LF~-..~0MMISSION~ -
AND PROVIDING AN EFFECTIVE ~A~E~ ~ '
64-0
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER
25786, SPECIAL LAWS OF'FLORIDA, ACTS OF '1949,
CITY BY R~PEALING SECTION 185 ,TBEREOF SO AS
TO ELIMINATE THAT PARTICULAR pROViSION' PRO-"
VIDING FOR A METHOD OF ANNEXATION r AND PRO-
VIDING AN EFFECTIVE DATE. '~
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER
25786, SPECIAL LAWS OF FLORIDA, .ACTS OF 1949,
AS AMENDED, SAME BEING THE CHARTER :OF :SAID
CITY BY AMENDING SUB-SECTION 19 OF SECTION 7
THEREOF BY SUBSTITUTING THE WORD "REOUIRE"
FOR TH~ WORD "AOU~RE" AS IT APPEARS BETWEEN
THE WORDS '"TO" AND "THE" IN SAID SUB-SECTION~
AND PROVIDING AN EFFECTIVE DATE.
AN ACT RELATING _/~ THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER
25786, SPECIAL LAWS OF FLORIDA, ACTS OF 1949,
A~ .AMENDED, .SAME BEING T~E CHARTER OF SAID
CITY B~ AMENDING SECTION 44 THEREOF BY SUB-
STITUTING THE WORD "REMOVe" FOR THE WORD
"MOVE" AS IT APPEARS IN. SAID SECTION~ AND
PROVIDING AN EFFECTIVE DATE.
'AN ACT RATIFYING, VALIDATING, APPROVING AND
CONFIRMING ALL RESOLUTIONS AND ORDINANCES
HERETOFORE ADOPTED AND ENACTED BY THE CITY
OF DELRAY BEACH,~ IN.PALM BEACH COUNTY, FLORIDA7
AN ACT RELATING TO THE CITY OF D~LRAY BEACH,
PALM BEACH COUNTY~ FLORIDA., ~MBNDING CHAPTER
25786; SPECIAL LAWS OFf FLORIDA, ACTS OF
AS AMENDED, SAME BEING T~E CHARTER OF SAID
CITY BY REPEALING SECTION 64 THEREOF. SO AS' ~TO
ELIMINATE TH~ PROVISION PROVIDING FOR THE
TABLISHM~NT OF ~THE 'DEPARTMENT OF PUBLIC WORKS,
CITY.'OF DE~RAYfBEACH,. PLORIDA~ AND PROViDING
PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER
25786. SPECIAL-LAWS OF FLORIDA, ACTS OF 1949,
AS AMENDED, SAME BEING THE ~TER OF SAID
CITY BY AMENDING THE FIRST UNNUNBERED PARA-
GRAPH OF SECTION 13 OF SAID C~ARTER BY STRIK-
ING THE WORDS i "A DEPARTMENT OF PUBLIC WORKS"
IN SAID PARAGRAFH~ AND PROVIDING AN EFFECTIVE
DATE.
AN ACT RELATING TO THE CITY OF. DELRAY BEACH,
PALM BEACH COUNTY, ~LORIDA, AMENDING CHAPTER
25786, SPECIAL LAWS OF~ FLORIDA, ACTS OF
AS AMENDED~ SAME BEING THE .CH~d~TER ~0F-SAID
CITY BY AMENDING SECTION 12 THEREOF PROVIDING
THAT THE CITY. COUNCIL SHALr: BE THE GOVERNING
BODY OF THE CITY, BEING COMPOSED ~ OF FIVE MEM-
BERS, ONE OF WHOM SHALL 'BE THE ,DULY ELECTED~
MAYOR~ CREATING THE: POS~TION' OF .VIC~iMAyoR~
PROVIDING FO%, THE DUTIES DP THE OPFICE,, AND
~ DAT~ ~bR Co~crU~-~ ~0 ASSU~
64-E
PROVIDING THAT THE PRESENT MAYOR-COUNCILMAN
C~W BY ~D~ SE~ION 21 T~OF
S~ BE ELECTED IN ODD ~E~D ~S,
T~T ~ CO~CI~N S~ BE E~CTED IN
~E~D ~.~S~ ~T ALL ~ERS OF ~ ~TY
CO~CIL S~ BE BLECT~ ~R A
~ ACT ~TiNG. ~ ~ CITY .OF D~Y
25786,. SPEC~. ~WS. OF FLORIDA,' ACTS` O~.(1949,
AS ~, .S~ .BEINg' ~ ~RTER OF SAID
T~ PRO.~U~ FOR FILLING A VA~CY OCC~ING
IN T~ ~ERSHIP OF ~ CI~ CO~C~ ~R
~ ~T SEAT OC~PI~ BY ~T~ D~Y ELEC~D
~YOR~ ~ PROVIDING ~ E~E~I~ DATE
~; A~ ~LATING TO T~ CI~ OF DEL~Y B~,
P~ B~CH CO~ FLORa, ~NDING C~ER
25786, SPECI~ LAWS OF ~ORIDA, A~S OF 1949,
AS ~NDED, S~ BEING ~ C~R OF SAID
CI~ BY ~ING SECTION 18 T~OF BY S~IK-
~ ~ST ~O SE~NCES OF SAID SE~ION
PERTAINING TO T~ SELE~ION OF ~OT~R
OF T~ CiTY CO~CIL ~ PE~ T~ D~IES OF
~YOR IN T~ ~SEN~ OR DI~IFI~TION OF
SAID ~R~ ~ PR~IDING ~ EF~CTI~ DATE.
~ ACT ~TING TO T~ CI~ OF DEL~Y B~CH,
25786, SPECI~ ~WS OF ~RIDA, ACTS OF 1949,
AS ~ED, S~ BEING ~ ~R~R OF SAID
CI~ BY ~ING SECTION 143 ~OF BY PR~
VIDING T~T PRIVY E~CTIONS FOR ~ OFFI~
OF ~R S~L BE DISPENSED WI~ IN .~ EVENT
~T MO~ T~N ~O ~I~S Q~IFY FOR T~
PR~RY ELECTION A~ ~L ~IDA~S D~Y
Q~IFIED S~L BE DE~D ~ NOMI~S
E~IT~D TO ~ T~IR N~S PRINTED ON T~
GE~L ELECTION B~L~ T~T IN BOTH T~
ODD ~E~D ~S ~ E~N ~E~D ~RS
~N ~ CO~C~N OT~R T~
TO BE E~CTED, T~ HOLDING OF A PR~RY E~C-
TION S~L DISPENSED WI~ IF NOT MO~ T~N
FO~ ~I~TES QU~IFY FOR-T~ PRIORY E~C-
TION.FOR T~ ~O ~O~ID ~CIL VA~NCIES,
~ ~ ~I~TES D~Y O~IFIED S~L BE
~C~ ~ NOMI~S AND E~ITLED
.T~IR ~S PRIED ON T~ ~ ELECTION
64-F
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM. BEACH COUNTY, FLORIDA~ AMENDING CHAPTER
25786, SPEC/AL LAW80P FLORIDA~ ACTS OP 1949,
AS AMENDED, SANE BRING THE CHARTER OP SAID CITY
BY AMSND/NG SECTION 144 THEREOF PROVIDING T~AT
THE CANDIDATE RECEIVING TH~ HIGHEST NUMBER OF
VOTES .CAST FOR MAYOR IN TH~ GENSPa%L ELECTION
HE~D FOR' THAT PURPOSE, SHALL BE. DECLARED ELECT-
ED~ AND TEAT THE TWO CANDIDATES RE~ZVZNG T~
HIGHEST NUMBER OF VOTES-CAST. FOR THE TWO COUNCIL
VACANCIES OTHER THAN THE OFFICE OF MAYOR IN THE
GENERAL ELECTION HELD FOR THAT PURPOSE, SHALL
BE DECLARED ~CTEDI AND PROVIDING AN EFFECTIVE
DATE
AN ACT P~LATING TO THE CITY OF ~gLRAY BEACH,
PALM BEACH COUNTY, FLORIDA* AMENDING C~APTER
25?86, SPECIAL LAWS OF PLORIDA~ ACTS OF 1949,
AS AMENDED, SAME BEING TBS CHARTER OF SAID CITY
BY AMENDING SECTION 146 THEREOF BY ADDING A
SECOND ~NUMBERED PARAGRAPH THERETO EMPOWEltTNG
THE. CITY COUNCIL TO SPEND PUBLIC-FUNDS FOR THE
CONDUCT OF STRAW VOTE ELECTIONS AT ANY TIME UP-
ON A DETERMINATION BY THE COUNCIL THAT IT IS IN
TH~ BEST INTEREST OF TBS CITY TO OBTAIN AN EX-
PRESSION OF THE P~OPLB WITH RESPECT TO SOM~
MUNICIPAL QUESTION~ AND PROVIDING AN EFFECTIVE
DATE.
PAS'SED AND ADOPTED ,on ..this . 1.1.t.h day Of M~rchL ,
1963.
/S/ WALTER DIETZ
ATTEST~
City Clerk