05-27-63 '159
May a?, 1963
A regular meeting of the City Council of Delray Beach was hel~
in the CouncilChambers at 8~00 P.M,, with Mayor Walter Dietz in
the Chair, City Manager RobertJ. Holland, City Attorney'John Ross
Adams, and Councilmen A1 C. Avery, Emory J. Barrow and Oliver Wo
Woodard, Jr., being present.
1. An opening prayer was delivered by the Rev. Ralph B. Johnson.
2. The mind, es of May 13th regular meeting and May 16th special
meeting were.~i~animously approved on motion by Mr. Woodard and
seconded by M~'~.'~Avery.
3. There were no public requests from the floor.
k.a. A roll call showed that the following Civic Organizations and
representatives were in attendance.
Chamber of Commerce ~r. Kenfieth Ellingsworth
Beta Sigma Phi M~s.~01~ver Woodard, Jr.
Tropic Isle Civic Association Mr. John Ralstead
Planning Board Col. Andrew L. Fabens
League of Women Voters Mrs. Frank Carey
Beach Taxpayers League Mr. John Thayer
5. The following letter from Mario deVitalis of the Waterview
Apartments on Casuarina Road to City Manager Holland was read:
"I wish to compliment you and your staff on theexcellent Job
.- of cleaning up the empty lots and streets of Delray. It has
been especially noticeable East of the Waterway and it may
make you feel good tO know that several of our winter guests
remarked about it.
Your Job of trimming the palmetto bushes did much for this
section, and while I am at it I might say that your equipment
is well kept and your employees neat and apparently happy with
their Jobs.
The garbage collection service is the best'I have encountered
anywhere.
With best wishes' for a pleasant summer."
5o City C~l~k Worthing reminded the Council that they had re-
quested the'~ty Manager ~to eontact the County C~mmission relative
to what they may be planning toward improvement of N. W. 4th Street
and the following reply was received, dated May 21, 1963.
"This will acknowledge your inquiry of April 24, 1963, with
regard to the possible extension of this County road.
While the extension of this County road is not in the present
master plan, ~he up-coming disruption of traffic on West
Atlantic Avenue due to improvement has caused me to place more
emphasis on the desirability of an additional east-west route
in the area west of the city.
In the'preliminary budget atudAes in June, I will include this
possible project in the complete list of projects to be se-
lected by the Board for the next fiscal year and the selection
of this or others will depend on its relative importance in
the overall traffic and economic aspect.
The City,s assistance in bringing this matter to my attention
is appreciated."
5. City Clerk Worthing read a letter from the office of Attorneys
Gringle & Spinner~for a client, stating that their client, Wallace
C. Thompson,petitions the Council for a modAfication of the Jail
sentence imposed on him on January 2, 1963 when he was found guilty
of disturbing the peace by carrying a concealed weapon.
5-~7-63
i60:
The following letter from Municipal Judge James W. Nowlin, Jr.,
dated May 27, 1963 was also read.
"The above named defendant appeared in Municipal Court and was
convicted of the offense of distttrbing the peace by carrying
a concealed weapon and was sentenced to thirty days'in Jail,
a $200.00 fine and the weapon was confiscated., I have investi-
gated this matter and find that the defendant is a family man
and is regularly employed.
~The defendant has requested that he not be required to serve
'all of the thirty day.mandatory sentence. Is is therefore my
recommendation that the defendant's sentence.be changed to
read seven days in Jail and in addition thereto a fine of
$300.00, or upon failure of. the defendant'to pay this fine,
the term of sixty days in Jail. It is my understanding that
'the defendant is agreeable to the terms of this modification
and 'it is my belief that the best interest of the community
will be served by the City Commission'making the above modi-
fication in the sentence."
City Manager Holland reported that Police'Chief Croft is agree-
able to such a modification of ~he sentence.
Mr. Avery moved to accept the recommendation of the Municipal
Judge. The motion was~seconded by Mr. Woodard and carried unani-
mously.
5. CityOlerk W0rthing read a report prepared by City Attorney
Adams relative to a meeting on May 24th with the various contractors
on the several sections of 'the Sanitary Sewer project.
"A~ a Special City 'CounCil Meeting on Thursday, May 16, 1963,
theCouncil accepted a bid of Harry Pepper Co. for the con-
struction of the lift station section· of the-Sewerage Works
Project for $451,15~.00.
-The'Company was notified by registered, mail ~hat it had been
awarded the:..:bid andthat the Contracts would besigned at 2:00
P..M. at the City Hall, Delray Beach on Friday, May. 24, 1963.
The President,of the Company was present at the time set for
execution of the contract, but infor~ned the City that his
bonding company refused to write a performance bond due to the
fact that his bid was much lower than the rest of the bids. He
stated that there was no mistake in his bid, and that he had
substantiated ~his, by an' independentexpert whom'he .employed to
make new soil ~ests,. Mr.~ Pepper 'o~aim'she can perform the con-
tract at the Iower figure' becaUse of a new' de-watering process
According to Section k of the ~Inf0rmatiOn'toi.Bidders~' Section
of. the contract documents,, the successful bidder must execute
the bond and contract required within ten (10) days after he
ha~,.l~'eived notice of acceptance of"his bid or forfeit the
seottT~lty deposited with his bid.
SectiOn 10 provides that, the Owner, after having forfeited
the security deposited by such btdder~, reserves the option to
accept the bid of any other bidders within ten (10) days from
'such default, in which cas.e suc~'acceptance shall have the same
effect as to such bidder as though he were-.the original, suc-
cessful bidder.
The bids on this Bection were as follows.:~
H~arry Pepper 0o. $45'1,15~00
Intercounty Constr. Co. 547,800.00
Chilton Constr. Co. 562'731.00
Barbarossa Constr. Co. 576,300.~0
Wakeman Constr. Co. 577,7OO~00
~leary Bros. 58.3,500~0
0sbourne Constr. Co. 637~300.00
(a) 5-27-63
161
The deadline for Harry Pepper Co. to execute the contract and
bonds is Tuesday, May 28, 1963, being ten days from.Baturday,
May 18, 1963, the date which he admitted to having received
written notice of the award.
The bid bond which the Ci~'~,hdtds is-in the amount of ten (10%)
of the amount of the proposal and Was written by Seaboard Surety
~ompany, and contains the following condition:
~THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the
aforesaid principal shall be awarded the contract upon said
proposal and shall within the required number of days after the
notice of such award enter into a contract and give bend For
the faithful performance of the contract, then this ~bligation
shall be null and void, otherwise the principal and ~uret~ will
.pay unto the obligee the difference in money between the amount
of the bid of the said principal and the amount £or which the
obliges may legally contract with another party to perform the
said work if the latter amount ~be in excess of the former; but
in no event shall the surety~s liability exceed the penal sum
hereof.'
The alternatives which the City Council now faces are:
1. Extend the time for executing the Harry Pepper Company
contract to allow him more time to secure the require~ bonds.
2. Forfeit the bond Tuesday at midnight and award, the bid to
one of the other bidders.
3. Forfeit the bond Tuesday at midnight, reject the remaining
bids and reaSvertise for new bids.
If the first alternative is chosen the time Should be limited
to a short period since the other bids are good for only ten
(10) days following the default. Also the Surety Co. should
consent to the extension. If the execution date was extended
seven days, the new deadline would be Tuesday, J~ne 4, 1963.
This would then allow the City three days to accept the bid of
one'of the other bidders; Or in the alternative to reject the
remaining· bids and readvertise for new bids.
CONCLUSION:
· Assuming Mr. Pepper shows·evidence of being able to. secure the
necessary bid bonds within the extended period, I would re-
commend that it be extended provided the Surety Company consents.
This would enable the City to go to Court if~·necessary without
having to face a defense predicated on the fact~that %he City
was unduly harsh in exercizing the above liquidated damages
provision. ~
Respectfully submitted the ~2?th day of May, 1963."
The City Cler~ then read the following letter from Seaboard
Surety Company dated May 27, 1963.
"On account of the writerhaving been away from Jacksonville
for over a week, we have been delayed in furnishing bond
covering the above contract. Papers have now been received and
we anticipate that the bond will be executed and delivered to
us at an early date.
We hereby approve the City of Delray Beach granting an extension
for the execution and delivery of contract and bond for a period
of eight (8) days from this date.~
City Clerk Worthing then read the'following letters from the
Town o~ Belleai~, Clearwater, Florida And.the Town of Callahan~
Flor'ida, that were received as aresult~of inquiry fr~m City Manager
Holland concerning work done by the Harry Pepper Company.
(3)
'162
"This is in response to your letter of May 22, in which you
inGuire as to our dealings with the Harry Pepper Company of
Jacksonville°
The Harry Pepper Company constructed the sewage treatment plant
for the Town of Belleair at a cost of $211,000.00. Ail of our
dealings were pleasant and we have nothing unfavorable to say
about this organization. The work performed was excellent and
there were no discrepancies noted. In other words, we were
entirely satisfied with their work.
If there is any other information you may desire, we.will be
pleased to furnish it."
"This will advise that The Harry Pepper Company Of Jacksonville
constructed the sewage treatment plant in Callahan.
TheOffictals inform me that the Work'~done.by, The Harry Pepper
Company was satisfactory with no complaints
Mayor Dietz asked Attorney Adams: "Th~ bond that is b~ing ex-
tended, is that being extended or does this letter mean that Mr.
Pepper will be able to get a b~nd for the entire Job. There are
apparently two bonds, the one that was submitted with the'~bid,-~the
bid bond, that has to be extended and apparently the company has
written tha~ it is willing~ to extend tha~. In writing a-'bond, did
this letter which Mr. Worthin~ had reference t.o,~ does that refer to
the performance bond for the .~451,154.007"
City Attorney Adams: "I assume that letter refers to two dif-
ferent bonds. The performance and maintenance bond would both be a
requirement at the time we execute the contract."
Mr. Avery: "Does this comply with your recommendations in the
conclusion of your letter?"
Attorney Adams: ~Yes it. does."
Mayor Dietz asked if the bid bond would be good until the other
bonds take effect, if it would be extended for the same period of
time, to which Attorney Adams replied that it was the forfeiture bond
and would be extended for the sufficient time.
Mr. Pepper said that he would be able to furnish the bonds with
the time extension~and that he was well pleased with the Contract.
Col. Daniel Neff said the principal difference in the bide on
Section V was due to the unwatering cost and that Mr. Pepper had
given him a report from the Engineers concerning the method of un-
watering that Mr. Pepper proposes tb use, and that said Engineering
firm says that it can be done by that methe~. COl. Neff recommended
tha~ the recbmmendation of City Attorney Adams b~ accepted. City
Manager Holland repogt~d that he had Just t~lked by phone with the
City Manager of Tallahassee who reported that ~he Harry Peppe~ Com-
pany did a tremendous remarkable Job for them and that they are well
satisfied with the operation there.
Mayor Dietz ~tated that the reason the Couhcil is interested in
signing the Contract with the Harry Pepper Company for Section ~ oF
the Sanitary Sewage Project is that his bid is ~96,6~6.00 lower than
the next low bid.
Mr. Avery then moved that the deadline for the Harry Pepper
Company to secure a performance bond and maintenance bond and to ~
execute the Contract for the Lift Station Section of Project No.
596~-8a, be extended for 7 days or un~il~midnight Tuesday, ~une 4,
1963. The motion was seconded by K~. ~oodard and carried unanimously.
Sa. Mr. Woodard said that the item he would like to bring up in
general ~ evening $.S the. overall tra~c ~arking problems in
the City ~Del~ay-$~. ~That he ~has ~een~s~ing this particular
category e~ inform~$ rather informally and. has come to a few con-
clusions which he ~k~'should be pursued further by individuals and
organizations, an~asized the following items.
!. The possiN~tty of providing alle~n~ays between East 5th and
&th Avenues, inasmuch as it has teen'determined that the ~ederal
G~vernment~ill not allow parking on the inside lane of 5th and 6th
Avenues, U. S.' Highway No. 1. That i~ seems the Only s~lutlon f~the
businesses located in this area is to provide an alleyway, and off
(4) ~-~?-~
16~
of this alleyway have the individual businesses provide their own
parking to service this area.
2. The second area that needs Study at this time, is a policy
which the Council would have to determine in general form and then
pursue further, being--Would the Council be interested in purSUing
the possibility of the City trading City properties~in other parts
of town.for properties either on' or adjacent to Atlantic Avenue
property that coUld be used for additional parking in the business
areas2
S. That since the Council has determined that they are inter-
ested in proceeding with State Road S-806, would it be feasible to
find out whether or not the State feels that when they put in State
Road 806 they might put in at the same time the interchange for State
Road 806 and State Road 9.
4. Mr. Woodard stated that it appears that it may be possible to
move the F.E.C. Railway Company Station further South than its pre-
sent location. That the present location is such that when a train
stops at the station, Atlantic Avenue crossing is blocked. That if
the Station could be moved further South it may eliminate some
traffic on Atlantic Avenue and also use that area for additional park-
ingo
Mr. Woodard said that there are a number of other items that are
not new to the Council, the Planning Board, 'the Highways Committee
and other g~oups that have been studying same for years, and that
is the widening and developing of.other North-South and East-West
highways Which now exist. That some of these are long-range projects
and some are current, and that they should all be tied together in
an overall program, but try to accomplish some of the current pro-
jects prior tb the next 'season' keeping them in perspective with the
overall program.
Mr. Woodard suggested appointing a committee to investigate
these various areas further, and suggested that thi~ committee be '~
comprised of the Chairman of the Planning/.Zoning Board; the Chairman
of the Beautification Committee, Mr. Xenneth Ellingsworth of the
Chamber of Commerce?A Merchant, A Councilman (Mr. Woodard offered
to serve in that capacity); and the City Manager. Mr. Woodard asked
if the Council was interested in pursuing these items further, par-
ttcularly the alleyway between 5th and 6th Avenues and the possibility
of exchanging city property for Atlantic Avenue or adjacent property,
that no action would be taken by the Committee but their recommenda~
tions would be presente~ to the Council for action. ~_~~
~ Mayor Dietz suggested adding to said proposed committe- ~ e, a m~mber
of the Police Department and a member of the Fire Department as they
may have some good advice in this respect. Mr. Woodard was agreeable
to Mayor Dieta~suggestion.
Mr. Avery then moved for the appointment of the Committee as
.suggested by Mr. Woodard and that Mr. ~oodard be made the Chairman.
The motion was seconde~ by Mr. B~rrow and carried unanimously.
Mayor Die~z asked that the City Clerk's office send a list of
members of this committee to each Councilman for his file, and asked
what the period ~f time was on t~s appointment, and it was suggested
that this be.an annual committee appointment.
~a. City Clerk Worthing read the following Supplemental A~reement ~
No. 2 to the Engineering Contract of the City of Delray Beach, Florida.
SUfPLEMENTA L AGREEMENT NO. 2
TO
ENGI ~NEERING~ '~NTRA~T
CITY OF DELRAY BEACH~_FLORIDA
WEERFAS, the City of Delray Beach, hereinafter referred to as the
OWNER, and Russell & Axon, Consulting Engineers, hereinafter referred
to as the ENGINEEP~ entered into a contract for engineering services
dated the 30th day. of September, !9~9, and
WHEREAS, the 31st day of August, 1962, a Supplement to the afore-
said contract was executed covering payment for final contract drawings
and construction specifications, and
(5) 5-~?-63
WHEREAS, the ENGINEERS have prepSmed final contract drawings
and construction specifications and obtained the approval of the
Florida State Board of Healthupon said drawings and specifications,
and
WHEREAS,'the OWNER does int~nd to construct-the improvements for
which said drawings and specifications were prepared, and
WHERE~S, resident supervision by the ENGINEERS is desired by the
OWNER, and
WHEREAS, the:e, ontract dated the 30~h day of September, 1959 calls
for payment on resident supervision on a mutually agreeable basis,
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. That Section III of the original contract is hereby amended
as regards resident supervision payment only to state: The OWNER
will PaY to the ENGINEERS on a monthly basis for providing competent
resident inspection during construction, an amount of two per cent
of the construction cost. Resident supervision of construction in-
cludes, but is not limited to, laying out of work, analysis of tempo-
rary structures and facilities,-field supervision, field inspection
of materials and work, progress reports, preparation of monthly and
final estimates and final report. As part of their duties as Resident
Supervisors, the ENGINEERS shall render monthly inspection an~ pro-
gress reports to the OWNER.
2. That it is also agreed that the ENGINEERS shall carry in-
surance to ~over errors and omissions in the amount of $500,000 per
annum with a $5,0U0.00 deductible clause. It is recited as s matte~
of information that th~ ENGINEERS presently are ihsu~ed in this'
respect.with Continental Casualty Company In the amount of $150,000.
The OWNER,agrees t~ pa~ the ENGINEERS the amount of premium increase
necessa~y'to Xnchease sai~ insurance from $150,000 to $500,000 with
Continental Casualt~ Company. "It is"recited'as a m~tter of-'informa.~
tion that the increase on a.yearly basis is anticipated to amount to
slightly less than $3,500.00. The ENGINEERS agree to notify the
OWNER at least.thi~tY(3Q).days prior to any premium increase ~here
said amount Will exceed $~,:500.00, at which time OWNER shall have"
the option to instruct t~e ENGINEERS to reduce its insurance coverage
in this respect to a lower policy limit. ~ certificate of ~uch
insurance shall be filed with the 0Wt~ER. Such insu~.~nce shall contain
an endorsement providing 'that cancellation thereof m~y be effected
only upon~thirty (30) days~ written notice to the OWNER, and such
insurance shall contai~ a discovery period of ~ less than five (5)
years.. The ENGINEERS shall maintain such insurance in full force and
effect at all times Mntil the date of completion of Project #596~-8
(a) and acceptance b~the OW~VER. It is the intent of the parties
hereto that the aforesaid insurance shall apply to all services of
the ENGINEERS, including design, consulting services and resident
inspection.
3. It is further agreed that the required number of resident
inspectors will be Judged by the ENGINEERS to adequately and compel
tently perfohm the necessary resident inspe6tion; however, the
ENGINEERS shall empXoy and continuously engage not less than one
inspector for the outfall construction, one inspector for the con-
struction of"lift stations, and one inspector for every'~th~ee crews
engaged in laying pipelines when working in contiguous areas. The
above minimum number of inspectors'does not incldde the ENGINEE~S~
resident engineer or its chief local inspector; and nothing herein
contained is intended to lessen the ENGINEERS~ hesponsXbility to
engage a greater number of inspectors if necessary to assure adequate
and competent resident inspection.
~ The originall~appointmen% and .any changes-in the ENGINEERS~
chief local Resident Engineer shall he subject to/the approval of the
OWNER.
5. The terms andprovisions of the~co~tract between the parties
dated Septembe, 30', 1959 and the Supplemental Agreement No. 1 dated
A~gust 31,' 1962 Sh~ll ~emai~ in full .force a~d effec~ ~ther than as
modified by this Supplement No. 2.
(6) 5-27-63
Executed this .... day of ........ , 1963.
CITY 0F DELRAT BEA~, FLORIDA
ATTEST:
By -- Mayor .....
RUSSELL & AXON, CONSULTING ENGINEER~
ATTEST:
By..
F. E~.- ~enger, Pg'esl~'e~t-'-
Vice President
Approved as to form:
The City Clerk informed the Council that a copy of this Supple-
mental Agreement No. 2, executed by Russell & Axon, Consulting
Engineers, should be received at the City Hall tomorrow.
Mayor Dietz said that the Council should be notified officially
when the Contract has been received, and asked City Clerk Worthing
to send each Councilman a letter that said Contract had been received,
properly signed and satisfactory to the City-Attorney.
City Attorney Adams said that there Were one or two changes in-
corporated in the last Contract and that a motion should be passed
authorizing the Mayo~ to execute said Contract, further, 'that the
changes are specifically that the Owner agreed to pay-the increased
insurance premiUm.
Mr. Avery moved that the appropriate City Officials be ordered
to execute this Contract with Russell &'Axon Consulting Engineers, the
motion being seconded by Mr. BarrOw. Mayor D~etz said %hat he 'would
like to be one of the Cit~ officials to sign this Contract, and upon
call of roll the motion carried unanimously.
5a. Mayor Dietz announced that he planned to attend the BOth Reunion
of his College Class which would cause him to be out of town at the
time of the next Council meeting.
%a. Mayor Dietz said that he had talked with City Manager Holland
who had informed him ~hat he would be happy to have Col. Neff under
him as an advisor on the Sewer Project, further, that he had talked
with Col. Neff and that his fee would be $100.00 per month as an
visor. Mayor Dietz said he felt they needed a man such as Col. Neff
as an advisor as he believes there is no one in ~he city employment
as competent as Col. Neff in view of his experience ~of many years.
Mayor Dietz called attention to a clipping from the Fort Lauderdale
News having to do with this subject which he thinks proves that if
Pompano Beach had taken the precautions that Delray Beach is taking
they would not have all of the problems they are having. Following
further comments, Ymyor Dtetz asked that a motion be made for the
employment of Col. Neff.
M~. Avery said that he thought it unwise at this time to super-
impose anyone upon the City Manager when the Job has n6t been put to-
gether. Further, that there is'a question of how to pay this'p@rson,
that it would h~ve to-be ascer~athed how and if these monies are
properly spent and that they do have to be'certified by the Consulting
Engineers as being proper fuhd~ to spend, and believes~the Council
should Wait until the' City Manager comes to them with a specific re-
commendation before taking any action in this regard.
Mayor Dietz said that ~ol. Neff would not be superimposed' oh the
City Manager, but that he would come directly under the City Manager
as a City employee, and could give Ci~y Manager the kind bf informa-
tion that he would require, further, as far as payment, that th~ Con-
sulting Engineers and Fiscal Agents have said it was a legitimate and
legal payment.
(7) %-~?-63
166
Following further comments, M~. Avery asked the City Manager if
he wanted to-spend'this money at this time for any ~ersonn~l, to Which
the City Manager answered that he had not gotten that far along, as
far as a committee or advisd~y group, but it had been his intention
to discuss with Col. Neff and possibly two or three other people the
possibility of serving in that capacity, 'but that he had not done so
as yet and had planned to make recommendations concerning same to the
Council on June 10th. Following a question by Mayor Dietz, City
Manager Holland said that he was vez~y much in favor Of Col. Neff work-
lng under him On this project.
M~. Avery asked City Manager Holland if he preferred that action
on this be pOStlsoned at this time, to which City Manager Holland
stated that he did not have his project completed and that he would
like to handle it his way, but it was up to the Council to take what-
ever action they see fit..Following other discussion, M~. Avery moved
that the Council let the City Manager handle this his way at this time
City Manager Holland said that he would not be satisfied with
Just one person even though he has the utmost confidence in Col. Neff
M~. Avery again moved that the City Manager be allowed to handle
this his own way at this time. The motion died for the lack of a
Sec ond.
M~ Woodard said he thought the City Manager should be given all
of the technical assistance that can be provided for him in accomplish
lng this job, that he has the utmost confidence in the City Manager
and there is tangible evidence of what he is accomplishing, that he
has ~onfi~enoe in the Engineer~ and the Contractors, that~he feels
Delray Beach is FortunateS'in ha~Ing an engineer of this caliber and
e~erience who can be Of assistance at ~uch s nominaI sum, and feeI~s
t~t the Council would be wise to tak~ advantage of same. M~:~ Wo¢.dard
then moved"th~t the CoUncil accept the offer of Col. Neff, that he
appointed as a technical advisor to the City of Delray Bea6h~On this
Sewage WOrkmS Prog~, not to be superimposed~on .the City Manager, but
to be available to ~im for consultation and available to'~the City for
consultatio~ when Council feels it is needed, furthe~ that he felt
that although~ the City has not gotten into the program extensively at
this time that the problems should be anticipated and provision bc
made for. any potential problems as they come up.
M~. ~Bsmrow Said he understands City Manager Holland to be hearti~
ly in favor of Col. Neff, that~he may require other help in this job,
but by accepting Co!. Neff!s~ offer tonight the Council would not be
imposing CO1. Neff on the City Manager, nor be tying the city Manager~
and on
hands, that b~sis Nm. Barrow seconded the motion Just made by
Mm. Wood ard'.
~ne City Attorney asked Mr. Woodard if he would include in his
motion that Col.. Neff woul~ serve at the pleases of the majority of
the Council and/or the Oity Manager. Mr. Woodard accepted such ad-
dition to his motion and also that this appointment would be effectiv~
· une 10, 1963. Mr. Barrow agreed to the additions to the motion and
upon call .of roll, M~.' Barrow, Mayor Dietz and M~. Woodard voted in
favor of the motion' and Mr. Avery was opposed~
Sa. Mayo~.Dietz informed th~. CoUncil that he had"found the western
section of Delray has two little, ball leagues, that they have no
lights on their fields, further, that he ~ias been informed there will
be difficulty in utilizing the g~a~iufa at Carver High School and"it
will be v~ry costly to provide basket ball facilities for them. That
the Westsid% Community Center construction is progressing and furnish
ingS '~will-have, to be progided for same, further:~ that the money fo~
this building~had been taken from money set' aside to improve the fa-
cilities at the City's private' beach in Ocean Ridge, that the Council
would make a' decision tonight as to whether or not' they would selI
said beach, and since 'that beach was paid for by taxpayers~money and
was paid for as a colored beach, he~hope~ the Council will see fit to
utilize those funds to take care of the population in the western
sector. That if they have a basketball court and a lighted little
league .field, the ~money will be .needed, and if it could come from
that source it would not~be necessary for taxes-to ~be increased to
provide same.
6a. City.Clerk~Worthing informed the Council that in compliance with
previous Council directive; a Public Auction was held today, in the
City Hall at t:GO P.M~, following legal advertisement of proposed
sale of Lot 1~, Block A, Pa~lza Beach Shor~e ~¢res~ being the City's
(8) 5-27-63
167~
Public Beach property in Ocean Ridge. That the two high. bids re-
ceived were from M~s. Katherine U. Rex 'in the amount of $60,D00.00
and from Mm. Pre~ B. Scott in the amount of $55,000.00, further, that
the Council may accept the bid of the highest bidder complying with
the terms and conditions as set forth in the notice of sale or re~ect
all bids in accordance with Section 7, Article II, of the City Char-
ter.
~. Avery said that he felt the bid of $60,000.00 was a most
equitable figure and moved that the Council accept said bid and thank
Nas. KatherSne Rex for her bid. The motion was seconded by Nm.
Barrow who informed the Mayor that Nm. Talbot was unable to b~ at the
Council meeting but that he had talked with him this evening and M~.
Talbot had said that on this item he would go along with the thinking
of the majority of the Council.
M~. Avery said that this was for the purchase of property which
was in the neighboring community where Delray Beach had established
a negro beach,~ that this price of $60,000.00 agrees with the City Tax
Assessor's appraisal of the lot and since Delray Beach has been
striving for the feeling of friendliness between the commdnities the
sale of this property will go far in promoting good will in the
community.
City Attorney Adams asked that it be included in the motion that
the bid be accepted at a net price ~o the City of $60,000.00, said
addition being accepted to the motion. Upon call of roll, the motion
carried unanimously. M~s. Katherine Rex was introduced and thanked
fo~ her interest shown.
6b. The City Clerk informed the Council that an application'had been
received from the owne~ of Lots 2, 3 and 30, Block 9, Dell' Park,
questing rezoning of said parcels of land from R-2 (One and Two Family
Dwelling District) to R-3 (Multiple Pamily Dwelling District).'
In compliance with Chapter 29 of the City's Code of Ordinances
~ouncil may deny tliis application or refer same to the Planning/Zoning
Board, directing-said Board to hold a pubIic hearing thereon.
This. application for rezontng was uhanimously referred to the
Planning/Zoning Board on motion by ~. BaProw and seconded by M~.
Avery.
60. The City Clerk informed the Council that an ~pplication for
water service to be extended to Lot 67, De~ay Beach Shore~ had been
received and that Water Superintendent, ~. Paul Nlcolls, advised that
there was sufficient supply of water in this area, further, that the
applicant had executed an agreement whereby said Lot 67 may be annexed
to the City of Del~ay Beach when it becomes legal to provide therefor.
The City Clerk further infomned the Council that it is re'cormnended
that this request for extension of water service to Lot 6?, Del~ay
Beach Shores be. granted and if same is granted that an ordinance of
annexation has ~been p~epared for their consideration.
The requese fo2 water extension to Lot 67, Del~ay Beach Shores
was unani~m~lY granted on motion~ by M~. Wcodard and seconded by Mm.
6d. City ~lerk Worthing informed the Council that the C~ty Manager
wished to discuss with'Council a possible rate schedule to be charged
outside city limits trash haulers'f~r their disposal of trash at the
City's Sanitary Landfill. 'Oity Manager Holland informed the CSuncil
that since their decision ,t the last mee~lng"ther~ had be~n various
requests for further utilization of the Sanitary Landfill and that
the City set up a rate schedule of some,soft'for out'of City users,
as they were willing to pay for said use on a reasonable basis,
'In comments by each Councilman it was brought out that the Ci~y
will soon be in need of additional space fbr their own use, an~ each
were of the opinion that the needs of Detray Beach should be taken
care of first, and if there were not sufficient facilities that those
living outside the city limits should be denied the use of'same. ~.
Woodard asked if the City Manager had a specific recommendation that
he would like to have the Council establish and the City Manager
answered: "that ~,ou maintain you~ policy that you set in your last
Council meeting. It was so moved by M~. Avery, seconded by
Barrow and unanimously carried.
( 9 ) 5-27-63
6e. ,Regarding consideration for relief of merchants due to the "
necessity of eliminating parking on the inside lanes of East 5th ~nd
6th AvenU'es, the City Clerk stated that on May 13th the CounCil was
informed ~of the notice from the State Road Department' that marking
the inside lanes on said Avenues, to allow parallel parking, had been
denied, and the following memorandum is submitted to the Council from
the City Manager,
"It has been called t~o m~ attention that parking would be allowed
on only one side of 5th and 6th, Avenues, this being set up by the
State at our last meeting.
It seems that the only relief we are able to give the business
people in that area would be to open the alley between the two
streets. I am in the process of surveying this area at the
present time and have' found, that, in Some instances, there
could be off-street parking to the rear of the'businesses.
This would at least enable the merchants in that area to unload
at the rear of their buildings.
As elimXna~ing parking On one side bf the street will certainly
create a hardshXp, it may Be necessary that I ask the Council
for an appropriation in order to open this alley, and I ask for
your decision as to whether or not I should pursue this any
further."
City Manager Holland displayed a map showing'where alleyways
existed between these Avenues, the condition of said alley~, also
commented on the need in some areas above other areas, on account
of the existing businesses. Mr. Woodard asked if it would'be
~easible to refer this map and project to the Committee that has been
appointed tonight~ to investigate the problem further to see what
recommendations could be arrived at in regard to both the cost and the
feasibility of which particular blocl~s are most in need of the alley-
way. Mr. Avery moved that this action be taken,~ the motion being
seconded by Mr. Ba~rrow and unanimously carried.
8a. City Clerk Worthing reminded the Council that on May 13th they
authorized the execution of ~uit Claim Deed conveying to the State
such necessary lands, legally and correctly described within such
.deed, as are. required by ~he State for improvement of West Atlantic
Avenue. F~rther, that the State of Florida requires the adoption
of a Resolution in support of 'any right-of-way dedication to the
State of municip:elly owned lands and Resolution No. 1~50 has been
prepared for that p~rpose. The City Clerk fur~ther reported that the
City Manager had been requested to contact the State relative to
possible inclusion in said resolution of a time limit for such ~edi~
cabion of Iands as w~ll as for a reversio~ clau~e. That tho"State'
right-of-way ~gent was Contacted ~t the Palm Beach County State Ro~d
Department 0ffi~e, who a~vised that ~nder no conditions would the
State of Florida accept a deed with any time limit for such dedi-
cation being reflected, however, it was stated that ~lI deeds would
be placed in escrow and in case the improvement was abandbned the
deeds would then be returned. That the State did accept a reversion
clause in the resolution.
City Clerk Wor~thing then read
RESOLUTION NO,
A RESOLUTION O~ T~HE CITY COUNCIL OF THE CITY
OF DELRAY BEACDH~ FLORIDA, CONVEYING TO THE
STATE 0F FLORID , ALL RIGHT, TITLE AND INTER-
EST OF THE CITY OF DELRAY BEACH, IN AND TO
ALL LANDS OWNED BY THE CITY OF. DELRAY BEACH
AND REQUIRED FOR RIGHTS OF WAY FOR THE IM-
.PROVEMENT OF THaT PART OF WE~T ATLANTIC AVENUE
(STATE 'ROAD $-806) LYING BETWEEN SWINTON AVENlYE
.~ND THE WESTERLY BOUNDARY LINE OF THE ~0RPORATE
(10) 5-27~63
169
LIMITS AND WITHIN FIFTY-THREE (53) FEET OF THE
BASELINE OF SURVEY ACCORDING TO THE RIGHT OF
WAY MAP OF SECTION 93550-2601, STATE ROAD S-806,
S.R.D. NO. 239.1 WHICH PARCELS OF LAND ARE MORE
SPECIFICALLY DESCRIBED AND SET-FORTH' ON' PAGE TWO
OF THIS RESOLUTION.
(Copy of Resolution No. 1450 is attached to and made a part
of the official copy of these minutes.) (See Pages l?4-A th~u
~74-c)
Resolution No. 1450 was unanimously passed and adopted on motion
of Mr. Woodard and seconded by Mr. Avery.
8.b. City Clerk ~orthing read RESOLUTION-NO. 1451.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, URGING THE
STATE ROAD DEPARTMENT AND OTHER OFFICIALS
TO CONSIDER THE NECESSARY STEPS FOR THE
IMMEDIATE CONSTRUCTION OF STATE ROAD 9
(INTERSTATE 1-95) FROM~THE SOUTH PALM
BEACH COUNTY LINE TO THE SOUTHERN LIMITS
OF THE CITY OF ~ST PALM BEACH.
(Copy of Resolution No. 1451 is attached to and made a part
of the official minutes of this meeting) (See Page l?4-D)
Resolution No. 1451 was unanimously passed and adopted on motion
by Mr. Woodard and seconded by Mr. Barrow.
Mr. Woodard then moved that the City Administration be asked to
send a cooy of Resolution No. 1451 to the appropriate State and
Federal Officials and to all of the municipalities from the South
Palm Beach County line to West Palm Beach, requesting that each of
these municipalities study the specific problem and consider drawing
resolutions of their own to be sent to the proper authorities. Mr.
Woodard Said that he believes if the City had been fully aware of
the situation prior to this time, there would have been a possibility
of accomplishing this project this year as there are State funds
amounting to several million dollars that have been .allocated for a
highway in the pork-chop area for Whibh there has been nO. right of
way provided. Mr. ~bodard said that he had limited this contact to
Palm BeaCh County as the end of the specific area is Florida Atlantic
University and there is a definite need for tying a North-South artery
into that university. Mr. Woodard further stated that in addition to
copies of Resolution No. 1451 'that Will be sent to these municipalitie~
as requested, that he would like to have twelve copies of said Reso-
lution to take t° the Board of Rirectors of the Tri-CoUnty League in
order that State Road 1-95 in Dads County can be tied in with Palm
BeachlCounty and thiScan be continued all the waythrough. Mr.
Woodard said that it appears the extension of Congress Avenue to the
South'is very near to being accomplished, that State Road No. 9 and
Congress Avenue in no way conflict with each other as Congress Avenue
is a North-South artery which will provide additional services for
the local area and traffic, where State Road No. 9 is a limited ac-
cess highway which will be a benefit for through traffic. The motion
was seconded by Mr. Barrow and carried unanimously.
8.c. City Clerk Worthing presented ORDINANCE NO. G-486.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
LEVYING THE ASSESSMENTS AS SHO~ BY THE ASSESSMENT
ROLLS SUBMITTED BY THE CITY MANAGER OF SAID CITY,
CONCERNING THE OPENING, GRADING AND PAVING OF THAT
PART OF N.W. TENTH AVENUE LYING BET~EN ATLANTIC
AVENUE AND N.W. SECOND STREET; THAT PART OF S.W.
FIFT~ AVENUE LYING BETWEEN S.W. SIXTH AND SEVENTH
(11) 5-27-63
170
STREETS; TF~AT PART .OF S.E. SIXTH STREET 'LYING
BETWEEN-S.E. FIFTH AND SIXTH AVENUES; AND THAT
PART OF'N.W. 'NINTH AVENUE LYING BETWEEN. N.W.
SECOND AND THIRD STREETS, ALL OF SAID IMPROVE-
MENTS BEING PAVED TO A WIDTH OF TWENTY-FOUR
FEET, ALSO CONSTRUCTION OF SIDEWALKS, FIVE FEET
IN WIDTH, ON THE EAST AND WEST SIDES OF THAT
.mART OF N.~. NINTH AVENUE HEREINABOVE DESCRIBED,
SAID ASSESSMENT ROLLS BEING ATTACHED HERETO AND
FORMING A PART HEREOF.
(Copy of Ordinance No. G-486 and Assessment Roils are attached
to and made a part of the official copy of these minutes.)
( See Pages 17~-E & 17~-G th~u 17~-M)
There being no objection to the Assessment Rolls and Ordinance No.
G-486, said ordinance was unanimously passed and adopted on second
and final reading on motion by Mr. Woodard and seconded by Mr. Barro~
8.d. City Clerk ~?orthing read ORDINANCE NO. G-487.
AN ORDINANCE OF THE-CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXI,NG TO THE CITY OF
DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION 5,
TORR~SHIP 46 SOUTH, RANGE 43 EAST, ~ICH LANDS ARE
CONTIGUOUS TO THE EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF-SAID LANDS; AND PROVIDING FOR
THE ZONING THEREOF. (Ch~urch of the Palms)
(Copy of Ordinance No. G-487 is' attached to and made a part
of the official copy of these minutes. ) (See Pages 17h-N & 17~-0)
There being no abjections to Ordinance No. G-487, said Ordinance
.was unanimously passed and adopted on second and final reading on
motion by Mr. Avery and seconded by .Mr. ~,,'oodard.
8,e. City Clerk Worthing read ORDINANCE NO. G-488.
AN ORDINANCE OF THE CITY COUNCIL OF ~THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY aP
DELRA¥ BEACH CERTAIN LANDS LOCATED IN SECTION 5,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, 9~ICH LANDS ARE
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIES aP SAID CITY TO
INCLUDE SAID IANDS; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE
ZONING THEREOF. (Unity Center of Delray Beach)
(Copy of Ordinance No. G-488 is attached to and made a part of
the. official copy of these minutes.) ( See Pages 17~-P & I?~-Q)
City Clerk Worthing ~eminded the Council that the property in-
valved in this Ordinance~ as well as in Ordinance No. G-487 are Church!
properties and are being declared to be in Zoning' District R-IAA, wit~
~ermissive Use being .granted for improvement of said property for
Church and educational purposes.
There being no objection to Ordinance No. G-488, said Ordinance
was unanimously passed on second and final reading on motion by Mr.
Barrow and seconded by Mr. ~7oodard.
8.x. (see 6.c.) City Clerk worthing read ORDINANCE NO. G-489.
AN 'ORD,-INANCE OF THE CITy ~CIL OF THE CITY OF
DELRAY BEACH CERT~. LA~.~uf~;~AMELY LOT 67, DELRAY
.BEACH SHORES, W~I~H ~AND~S~ CONTIGUOUS TO EXISTING
~NICIPAL LIMITS OF SAID CITY~ REDEFINING THE
(12) 5-27-63
· 171
BOUNDARIES OF SAID CITY TO INCLUDE SAID 'LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
Ordinance No. G-489 was unanimously placed on first reading on
motion by. Mr. Avery and Seconded by Mr. Woodard.
9.a. The City Clerk reminded the Council that on May 13th they re-
ferred to the City Manager the complaint of Mr. Arthur Sprott re-
lative to condition of water supplied to his property described as
Lot 10 and South 18 feet of Lot 11, Block 1, Northriage Subdivision,
located at 2003 North Swinton Avenue. The following memorandum from
City Manager Ho!land was read.
"A survey has been made of the area surrounding Mr. SDrott's
residence,, an~ there are several swimming pools in this vi-
cinity. We are unable to find anyone in the area who has
complained about, or has dirty or rusty water.
According to Mr. Sprott's letter to the COuncil, he received
every consideration from the water Department concerning this
condition. Mr. Nicolls confirms this and has no explanation
as to why this condition should exist at Mr. Sprott's resi-
dence and nowhere else in the area.
I am attaching a memorandum from Mr. Weber with a money
break-down on the number of gallons which Mr. Sprott con-
tends are above his normal consumption.
In view of the above information, I am referring this matter
back to you for instructions, as I feel this is a matter of
policy."
Mr. Avery reminded the Council of a complaint concerning the con--
dition of water by Mrs. Robert LaPiner of 219 North Seacrest Circle
earlier this year.
Mr. Sprott, being present, informed the Council that the Water
Superintendent., Mr. Nicolls, had flushed the fire hydrant at their
corner and said that in his opinion the cause Of the rust was the
cutting in of the main line to the West of Swinton Avenue and that
it was a condition that was general in the area. During lengthy
comments, Mr. Sprott informed the Council that he had, within the
past week, replaced a two year old pump and motor on account of the
rust in the water, that his April water bill Was approximately $7.00
showing a use of about 10,000 gallons of water, and that his bill of
May 22nd showed 95,000 gallons of water used. which was a result of
his having to refill the ~wimming pool three times on account of the
water conditions. Mr. Sprott further informed the Council that he
had been put to quite a bit of extra expense by having a contractor
clean his pool on account of excessive rust, also, that a filter that
would normally last for a year to a year and a half had been replaced
several times recently.
During discussion, Mr. Avery asked the City Clerk what the initial
amount of money was that was involved in Mr. Sprott's first request
concerning relief of water bill for three refills of his pool on ac-
count of the rust, and Mr. ~rthing reDlied that the amount was
$15..03. Mr. Avery then moved to dispose of this at this time. with-
out assuming any obligations for fu=ther water and without assuming
any obligation for pump wear or anything else, but related to this
one thing, and grant Mr. Sprott's request and give him"credit on
$15.03 of water bill. Mr. Woodard asked the City Attorney if this
could be done without establishing a precedent that may jeopardize
future claims against the city, to which Attorney Adams sai~ that
this would only be payin~ for a recognized moral obligation and not
assuming any liability. The motion was seconded by Mr. Woodard.
(13) 5-27-63
Mayor Dietz stated that he thought there was a problem, that the
$15,00 was only a means of forcefu!ly bringing this problem to the
attention of the city, further, that this'problem Should be studied
thoroughly to attempt a correction. It was mentioned that this kind
of problem would be brought out and studied when the Council has
their meeting on the Russell & Axon Water Analysis Report.
Mr. Woodard said he thought there were two specific problems, firs';.
the request of Mr. S~rott for an adjustment in the water bill for wa-
ter he received which was not useable, the second problem is to solve
the problem of why he received this unuseable water.
Upon call of roll concerning the water bill, the motion carried
unanimously..
Mr. Sprott .said that he was not so interested in the elimination
of $i5.00 of the water bill but the way to make an impression or get
some action was to make a demand on their pocketbook, an~ his princi-
pal interest was to get a study made and the problem corrected.
Mr. Avery requested that~this, item be considered at the time the
meeting is held on the Russell & Axon water Analysis Report.
9,b. Concerning Police Department news releases, City clerk Worthin9
read.the following memorandum-from the City Manager as a result of
Council request for same to be investigated-
"In accordance with your .instructions I have investigated the
method of handling news releases at' the Police Department.
I am attaching a copy of a report from Police Chief Croft,
which I highly endorse. I have verified the information
contained in this report by various methods and feel that
there is nothing wrong with the Department. 'It is operating
to my satisfaction,
I find that the press committee was organized about two months
ago, not for the purpose of censoring news or determining what
is newsworthy, but to. make available to the press a more com-
plete and accurate account of the activities of the Police
Department.
It is humanly impossible for Chief Croft to be available at all
times to .give out news releases. For the benefit of the press,
he has set up the p=ess committee and I WOuld assume that the
press would appreciate this action.
I have discussed with Chief croft the possibility of adding
patrol sergeants to his committee. This would make it possible
for the press to receive information at any hour of the day.
I have also instructed him, that in any instance wherein the
city may become liable, the Press Committee'is not to make a
news release but report the matter to him. He in turn would
bring the information to me, afte~ which I will make whatever
release would be necessary from the City Manage='s office."
Mr. Avery said that when the council'tells'the City.Administrati¢
how-to do so~ething that would be meddling i~ administrative matter~
but the Council does have a right to set poi~cy concerning what the5
expect. · . ~.~ __~
i!i3f ol~cy, not only to the Police
Council should make ~,sta~emp~,.,_ ~. oved as.follows: "That
· e o ees, and m
Department, bu~ to all C~=~ ~'-Y ..... ~ be made available to
on roper to De m~ Known =,~=~ .
all, informati 'P, ~ ' ? ' -~ · ..... ~s humanly possible
the public as quickly a~ as
without censorship and wi'~h no oreference to any news medium or the
excl~sion of
proper information, the City Manager will make the final decision
~ (14) 5-27-63
~'73
and report to the COuncil his reasons for go doing. This policy will
be made known to all city employees through the Department Heads and
proof of failure to comply will be deemed sufficient ground for disci-
plinary action, or dismissal."
.There was lengthy discussion and comments by the Council, also
comments by Mr. Jim Buchanan, NeWS Reporter for the Sun Sentinel,
in which he stated that 'the original request he made was no~ a re-
quest to impair any department or any other ill intent to the City
of De!ray Beach, but the request was merely that they miqht gain
free access to what is news, not news releases, that when &n accident
happens it is a matter ok fact and should be reported as a~matter of
fact. Further, that press committees usually handle re%eases on bene-
fits, dances, etc., and that a news story falls in the realm of the
press to report instead of some officer who has had no training in
public relations. That he is not asking for anything that would in-
vol¥~ jeopardizing the security of the City of Delray BeaCh, but only
asking for an honest report of an accident, murder or any other crime
that may have been committed in the City of Delray BWach which has
been investigated and the person who committed the crime ~ who was
responsible for the accident has been charged, and cited instances
where he felt that he had not received the proper information that
he should have received.
Upon question by Mayor Dietz, City Attorney Adams said that from
what he has listened to it seems the situation has been corrected, and
that according to Police Chief Croft the only exception would be an
accident report or offense report which in many instances lists possi-
ble suspects and other information which would not be made public
during the investigation, and after investigation said accident re-
ports are forwarded to the Department of Public Safety where they are
privileged' communications.
Mr. Avery repeated his former motion, and said that this would
protect the public as far as Council policy is~c0ncerned and does.not
tell any department how to disseminate the information. Mr. Woodard
asked the City Manager how that differs from the policy that is in
existence at the present time, to which City Manager Holland replied
that it is identically the same policy that he is operating under.
Mr. Avery insisted that the Council take an official stand on this
policy, that he did not intend this to be an attack On the Police
Department nor on the City Manager, and again moved as follows: "That
all information proper 'to be made known shall be made available to the
public as quickly and as efficiently as is humanly possible without
censorship and with no preference to any news medium or the exclusion
of any news media. ~,~ere there is a question of what is proper in-
formation, the City Manager will make the final decision and report
to the Council his reasons for so doing. This policy will be made
known to all city employees through the Department Heads and proof
of failure to comply will be deemed sufficient grounds'for discipli-
nary action or dismissal."
Mr. Woodard stated that the only reason he would not second the
motion is. because he felt this is currently the policy and would in-
dicate by seconding it that it had not been Council policy in the
past. ' The motion died for the lack of a second.
10. City Clerk 9~orthing reported that upon review.of the plans for
the ~,'estside'Community Center, by the Palm Beach County Board of
Health, according to Contractor P. G. Herig, certain additional sani-
tary fixtures and provisions amounting to $359.05 are needed, further,
that there may be a future request for a small appropriation inasmuch
as bids are now being obtained for furnishing and installing further
appliances as required by the Palm Beach County Board of Health. It
was. noted that there was sufficient money within the $63,000.00 ap-
propriated for the Community Center to cover this additional cost
inasmuch as some items of cost had been deleted at the signing of the
Contract.
(15) 5-27-63
Following discussion, Mr. ~Taodard moved that this request be grant-
ed and that these funds be taken out of the original amount set aside
for this project. The motion was seconded by Mr. Avery and carried
unanimously.
Mayor Dietz asked that the Council, at their next meeting, be
furnished with figures on the Westside Community Center as to how
much had been spent or allotted and theLcondition of the account.
10. City Manager Holland reported that in the Westside cleanup
program that 110 tons of trash had been removed from that area last
Saturday, which included the entire Northwest and SoUthwest areas
with the exception of approximately six blocks which would be taken
care of this week.
Mr. Avery said that the City Manager should be highly commended
as he had worked very hard on this project as had many residents in
that section of town. Mr. A~ery then moved that the City Adminis-
tration and the public involved, including the Senior Students of
Carver High Schooll be commended for their wonderful effort in the
cleanup of the Western side of the Community, the motion being se-
conded by Mr. Woodard and unanimously carried.
10.a. City Clerk Y~?orthing presented a bill from City Attorney Adams
in the amount of $125.00 covering two cou~t cases,..also the following
bills for approval.
General Fund $ 131,761.73
Water Fund - O~erating Fund 73,059.28
SDecial Assessment Fund 8,824.52
Refundable Deposits Fund 1,550.08
Interest & Sinking Fund -
water & Sewer Revenue Bonds 60,295.25
The bills were unanimously ordered paid on motion by Mr. Avery
and seconded by Mr, Barrow,
The meeting adjourned at 10:45 P.M. on order by Mayor Dietz.
.... R.,D. V~RTH!~8.,
City Clerk
APPROVED:
MAYOR
(16) 5-27-63
RESOLUTION~ NO. 1450.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BF~CH, FLORIDA, CONVEYING TO'THE
STATE OF FLORIDA, ALL RIGHT, TITLE AND INTER-
EST OF THE CITY OF DELRAY BEACH, IN AND TO
ALL LANDS OWNED BY THE CITY'OF DELRAY BEACH
AND REOUIRED FOR RIGHTS OF WAY' FOR THE IM-
PROVEMENT OF THAT PART OF 9~ST ATLANTIC AVENUE
(STATE ROAD S-806) LYING 'BET~EN SWINTON AVENUE
AND THE WESTERLY BOUNDARY-LINE OF T~E CORPORATE
LIMITS AND WITHIN FIFTY-THREE' (53} FEET OF THE
BASELINE OF SURVEY ACCORDING TO THE RIGHT OF
~YMAP OF SECTION 93550-2601, STATE ROAD S-806,
S.R.D. NO. 239.1 WHICH PARCELS OF LAND ARE MORE
SPECIFICALLY DESCRIBED AND SET FORTH ON PAGE
TWO OF THIS RESOLUTION.
ON MOTION OF COUNCILMAN O.W.W00DAP~econded by COUNCIL-
MAN ~L ~VERY, the foilowing ResolutiOn was adopted.
WHEREAS, the State Road Department of Florida proposes
to improve that part of State Road S-806, Section 935§0-2601,
between Sunshine State Parkway Easterly to Swinton Avenue.
WHEREAs,'in'order for the State Road Department to
further and c°mplete saidproject0 it is necessary that cer-
tain lands now owned by the City of Delray:Beach be' acquired
by the state of Florida for the use and benefit of the State
Road Department of Florida, and
WHEREAS, the State:Road Departmeht having requested
the City of Delray Beach to execute and deliver to the State
Road Department a deed in favor of the State of Florida con-
veying all right, title and interest that the' City of Delray
Beach has in and to said lands required for rights of-way
for saia State Road and said request having been duly con-
sidered,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Delray Beach, Florida, that the Mayor and
Clerk of said City be and they are hereby authorized and
directed to make, execute and deliver to the State Road
Department a deed, in favor of the State of Florida, convey-
lng all right, t£tle and interest of the City of Delray Beach
in and to said lands owned by the City of Delray Beach and re-
quired for rights of way for said State Road S-806, Section
93550-2601~ SUBJECT to it being understood and agreed that said
lands shall revert to the-party of the first part in the event the
BE IT FURTHER RESOLVED that two (2) certified copies
of this Resolution be forwarded forthwith to ~the State Road
Department at FortLauderdale, Florida.
*highway, for ~ahich purpose said lands are hereby deeded,
ever be d~sc~ht~h~ed ~r abahd~hed as a p~bk~c
998,
Page 2. RESOLUTION NO. 1450.
T.S. NO. 131
T~at part of the East 10 feet of= A parcel of land in the
S 1/4 of Lot 10, Section 17, Twp. 46 S., Rge. 43 E., according to
plat recorded in Plat ~ook 1, page 4, ,.Palm Beach County Public
Records, more particularly described as follows~
THE EAST TEN {lO) FEET, of the following described property=
Beg. at the SW cot. of South-Q~arter (S 1/4) of ~ot 10 (10)
(less plat of J. G. Fenno's S/D), S/D of Section 17-46-43,
and run N 1.79 ft., thence E 150 Ft. for Pt. of Beg~ Th E
124.8 ft., Th S 146 ft., Th W 50 ft., Th N 101 ft., Th w
74.8 ft., Th N 45 ft.-, to Pt of Beg., .Section 17-46-43,
Except that part lying 50 ft each side of the Centerline
of State Road No. 8-806.
which lies within 53 feet-of the Baseline of Survey according to
the Right of Way Map. of Section 93550-2601, State Road S-806~ con-
taining 30 square feet, more or less.
AND
T.S. NOS. 148 & 150
The South 20 feet of the West 25.1 feet of Block 12, according
to the Plat of ORIGINAL TOWN OF LIN~ON as recorded An Plat Book
at Page 3 in the Public Records of Palm Beach County, Florida in
Section 17, Township 46 South, Range 43 East~ conta~'ning 502 square
feet, more or less.
ALSO
The South 20 feet of th~ ~.ast 25.1 feet of Block 4, according
to said Plat of ORIGINAL TOWN OF LINTON~ containing 502 square feet
more or less.
AND
T.S. NO. 177
The North 20 feet of Lots 1, 2~ 3, 4, 5, 6, 7, 8, 9, 10 and 11,
Block 37, according to the Plat of RE-SUBDIVISION OF BLOCKS 29 and
37 as recorded in Plat Book 9 at, .Page.,, 66 in the Public Records of
Palm Beach County, Florida in Section 17, Township .46 South, Range
43 East and that part of said Lot I which is included in the external
area formed by a 25 foot radius arc which is tangent .to a line 20
feet South of and parallel 'to the North line of said LOt i and tan-
gent to the East line of said Lot i and that part of ,said LOt 11
which is included in the external area formed by a 25 foot radius
arc~ which is tangent to a line 20 feet South of and parallel to the
North line of said Lot 11 end tangent to the West line of said Lot
11~ containing 6018 square feet, more or less.
AND
T.S. NOS. 181 a 184
The South 20 feet of Lots 13, 14, 15 and 16, Block 52, according
to the Plat of ORI~INAL TO~ OF LINTON, as Cecorded in Plat Book 1 at
Page 3 in the Public Records of Palm Beach County, Florida in Section
17, Township 46 Sou~h~ Range 43 East and that part of said Lot 16 of
said Block §2, which is included in the external area formed by a 25
foot radius arc, which-is tangent to a line 20 feet North of',and
para!.lel ~to, the South line Df ,.said LOt 16 and tangent to the East
line.of said Lot 16~ containing 5878 square feet, more or less.
ALSO
The South 20 feet of Lots 13, 14, 15 and 16, Bloo~k 44 according
to the aforementioned Plat of ORIGINAL TOWN OF LINTON and that part
of said Lot 13 of .said Block 44, which is included in the external
area formed by a 25 ?foot-ra~dius arc, which ;is tangent to a line 20
feet North of and parallel to the South lime of said .,~t 13. and tan-
gent to the West line of said Lot 13~ containing ~878 square feet,
more or less. "-
ALSO
The South ~0 feet of that vacated portion o.f N. W. 2nd Avenue
lying ~Test of LOt 13, Block 52 and East of LOt 16, Block 44, all,
according to the aforementioned Plat of ORIGINAL ~OWN OF LINTON~
containing 1000 square feet, more or less.
98.
17~-c
Page 3. P~SOLUTIONNO. 1450
PASSED AND ADOPTED this the 27th day ~f May, 1963.
MAYOR
ATTEST:
/S/ ROBERT D,.WOETHING City Clerk
898
~9g
l?4-D
RESOLUTION NO. ~!~1
A KESOLUTION OF THE CITY COUN~I'L ~
TltE CITY OF DELRAY BEACH, FLORIDA~i
URGING THE STATE ROAD DEPARTMENT AND
OTHER OFFICIALS TO CONSIDER THE
NECESSARY STEPS FOR TEE I~4EDIATE
CONSTRUCTION OF STATE ROAD 9 (INTER-
STATE I - 95) PROM THE SOUTH PALM
BEACH COUNTY LINE TO THE SOIP1E4ERN
LIMITS OF THE CITY OF WEST PALM
BEACH.
WHEREAS, the City Council of the City of Delray B~aoh,
Florida, is aware of the acute and critical need for additional
highways to serve the rapidly growing population of South Palm
Beach County$ and
WHEREAS, the residents of the area in question were
repeatedly assured by the State Road Department that State
Road 9 (Interstate I - 95) was a top priority roadway and would
be constructed as a limited access highway upon the acquisition
of the required right-of-way; and
WHEREAS, the officials of the County Board and the
various Municipalities diligently cooperated with the State
Road Department and a right-of-way of 300 feet in width through
the area in question was acquired several years ago at a rela-
tively small cost to the County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWB:
1. That the appropriate officials of the COunty,
State and Federal Governments are hereby advised that there is
an imperative need for the immediate construction of State Road
9 (Interstate I - 95) from the South Palm Beach County line to
the Southern limits of the City of West Palm Beach.
2. That the reasons for this conclusion are:
(A) The South Palm Beach County area is on the
threshold of a significant population boom.
(B) That recent population gains have already
demonstrated that our North-South highways are completely in-
adequate.
(C) That this situation will become even more
critical in the near future with the completion of such edu-
cational institutions in this area as Florida Atlantic
University, Marymount College and St. Andrews School, and the
~apid residential development to the West of the aforesaid
right-of'waY~D)
That this long-promised strip of highway
will open up vast areas of growth throughout the southern
area of the County, and if constructed in the near future,
could result in tremendous savings of tax money by being con-
structed in conjunction with currently contemplated East-West
highway improvements.
(E) That the major portion of the construction
funds will be provided by Federal Interstate funds which, with
the exception of Dade County, have been confined almost entirely
to road construction in north and central Florida.
UNANIMOUSLY adopted this 2?th day of May, 1963.
CITY COUNOIL OF DELRAY BEACH
By,, /s/ WALZ~R DIETZ
MAYOR
ATTEST:
.Is/ ROBERT D.' WO~THING ' 0lty
174-E
ORDINANCE NO. G-486
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA
LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT
ROLLS SUBMI"ITED BY THE CIT~/ MANAGER OF SAID CITY,
CONCERNING THE OPENING, GRADING AND PAVING 0P: THAT
PART OF N.W. TENTH AVENUE LYING BETWEEN ATLANTIC
AVENUE AND N.W. SECOND STREET; THAT PART 0P S.W.
FIFTH AVENUE LYING BETWEEN S.W. SIXTH AND SEVENTH
STREETS$ THAT PART OF S.E: SIXTH STREET LYING'BE-
TWEEN S.E. FIFTH AND SIXTH AVENUES; AND THAT PART OF
N.W. NINTH AVENUE LYING BETWEEN N.W. SECOND AND THIRD
STREETS, ALL OP SAID IMPROVEMENTS BEING PAVED TO A
WII~H OP TWENTY-POUR PEET, ALSO CONSTRUCTION OF SIDE-
WALK~, rIVE PEET IN WIDTH, ON TBE EAST AND WEST SIDES
0P THAT PART OF N.Wi NINTH AVENUE HEREINABOVE DESCRIBED~
SAID ASSESSMENT ROLL~ BEING' ATTACHED HERETO AND FORMING~
A PART HEREOF.
WHEREAS, the City Manager of the City of Del~ay Beach, Plorida~
ha.s $~ pursuance to the Charter of said City, submitted to the City
~.il for approval, a report of the costs, and the assessment
~$~i"'~.~he opening, grading and paving of that part ?f N.W. 10th Aveh~e'
l~y~ between Atlantic Avenue an~ N.W. 2nd Street: that part of S.W.
5%h~venue lying between S.W. 6th and 7th .Streets, that part of S.E.
6th Street lying between S.E. ~th and 6th Avenues; and that pert of
N,W. 9th Avenue lying between N.W. 2nd and 3rd StPeets~ all of said
improvements being paved to a width of twenty-fotlr feet, alse con-
struction of sidewalks~ five feet in width, on the East al~ West sides
of that part of. N~W. 9th Avenue hereinabove described, and
WB~RFAS; 'sa.id 'report'a"and'assessment rolls Were aPProved by the
City Council .i~ Regular ~essiOfi On the 13th day of May, 1963, and
WHEREAS, due notice 'c'oncgrning. each assessment roll was given by
advertisement~ by th'e' Oity:Cl~k', in aseordance With 'the airy Charter
of said City, fop 'the p0mPOS'e 'of'hearing'.obj~0tions to' 'said assessment
W/~EREAS, no sufficient objections were received to the confirm-
ation of Said assessment rollS,
NOW, THEREFORE, BE IT ORDAINED ,BY THE CITYiCOUNCIL of the City of
Delray Beach, FIorida, as follows:
SECTION 1. %~e assessments, as' Shown by said assessment rolls
which are annexed here'to and made a parthereof, are beret2 levied
against the properties shown and in the amounts stated on said as-
sessment rolls, said assessments to 'be paid In three'equal.a~nual In-
stallments, together with interest at the'rate of 8% per a_nnum, the
first installment becoming due and payable .om JUne 261, 1963, ·
on 26th of June~ ~ for ~e ~xt enSuing twp~ yeams;~ and .said speciam
assessmen~ts, .so levied, Shall ~6 a lien from..the d~te :the assessments
become effective, upon the ~respec~ive Io'ts and parcels of land de,
scribed 'in said assessmeht rolls, of. the same nature and-to the same
extent as the liens for general 01fy ta~es, and shaI1 be collectible
in the. same .manner ~nd with the.same penalties and under ~he same pro-
visions as to sale and forfeiture as 0it~.'taxes are'collectible.
PASSED in ~.R~e~!a~r session on second and i~lnal, reading'on this ~he
/S/ WALTER DiETZ'
MAYOR~'
ATTEST:, /S ~. ROBER~, D, WOR,T~iNG OltY ~lerk
1st Readi'ng. May
~nd Reading iMa~ 27,,.?,63.
May 9, 1963
City Council
Delray Beach, Florida
Gent lemen: ' -
Re~ Maintenance of finger canals.
This letter is responsive to your request that the
City Manager and I investigate the problem of maintenance
of finger canals in this City. '
The problem originated from a request by Captain
Cornelius Knox, 911 Bolender(Tropic Isle) that the City
take whatever steps are necessary to alleviate the Im-
passibility of access to his property'b2 boat. I have
enclosed a plat showing this particular section of Tropic
Isle. As you will notice, his property is at the extreme
West end of South Gran~e Canal, approxihately 1,260 feet
from the Intracoastal Waterway. There are twenty-one (21)
finger, canals in TrOPic ~ Isle Subdivision, and each was
dedicated to the perpetual uae of the public as a waterway
on the various plats which were approve.d by the City.
TheSe Tropic Isle canals are eighty (80) feet wide by from
approximately 1,000 to 1,350 feet in length, hence any de-
cision by the CounCil should be made only after careful
.deliberation. The problem in t~e':South Grande Canal is
that the prevailing East winds and wave action have caused
an accumulation of san8 toward the butt end, Time has not
afforded the City administration the opportunity to esti-
mate the .costs involved in the City maintaining these
waterways, but in all probability the cost will be con-
siderable.
A few of the ne!ghboring~cities have been contacted
relative t~ thair exper~ience with ~he~prablem, ~and Ap-
parently there are several coUrSes of action. The most
obvious solutions are the following alternatives.'
1. C~eate a wate~ays dep~rtment for the maintenance
of canals and waterways which have been dedicated~-for
ublic use, and finance the operation of this department
rom the General Fund.
2. Create a waterways ~depArtment, .but finance the
dredging activities by Special assessments .against the
abutting property owners, on the basis of special benefit.
. 3.~ Abandon:' and ~vacate any Public~linte~est in '.the'.
finger canals Presently dedicated to the public, and make
it a 'future' policy not to approve plats w~th finger Canals
dedicated to the. public. The theory .behind this alterna-
.tire would be. that it .wo.uld be ext~.~mely ,. ~unlikelY that the
public would ever .have occasion to Use tt~ese .fin~er' Canals
for boating..
" . This .letter is me~ely for the' purp.ose of acquainting
you.with the problem, the solution of which is a policy
decision. Possibly our: survey of .other cities should be
expanded, 'and undoubtedly a thorough cost estimate should
be made prior to any action. In additio, n';. since this pro-
blem will eventually involve seventeen (17) other finger
canals throughout the City, the matter might also be
feted to the Planning Board for Consideration and re-
. ~C orm~enda ~i. ons~[~~,
Respectfully submitted,
/8/ John Ross Adams
City Attorney
6 8,
ASSESSMENT ROLL
Fop Opening. Grading and Paving of that part of Northwest Tenth
AveDue lying between Atlantic Avenue and Northwest Second Street to
a width of 2~ feet.
DESORIPTION OF PR.0,PER,TM OWNER FRONT FRONT FT. TOTA L
· ~ ..... FOOTAGE . ASS IM ASS tM
BLOCK LOT ' '
Whidden 6 1 less Geneva Johnson 132 $2.33¥~!7 $308.15
E 101
Atlantic 2 9 0.D.Priest. Jr. 40 " 93.38
Pines
Atlantic 2 10&ll Emily McBride 80 " 186.76
Pines
Atlantic 2 12&13 H.G. & Celestine 80 " 186.76
P!~es Poitier
Atlantic 2 14 Blanche M. Lax 41 " 95~71
Pines
Whidd.en 1 E~ of Cleveland & 40 " 93.38
Lot 6 Carrie Nell
less E Patterson
10 t
Atlantic 2 16&17 Florida Home 79 " 184o42
Pines Erectors, Inc.
Atlantic 2 18 & James L. Stubbs 64.65 " 150.92
Pines S2~.65'
of Let
19
~tlantic 2 20 & N Blanche Williams 50.33 " 117.49
Pine s 15.35 '
of 19
Section 17-46-43 (6-E) Marion & Allen 50 " 116.72
S50 ~ of Smith
E~ 135' of~
S~ of N~
of Lo~ 6
less E25'
Section 17-46-43 (6-D) ,Maggie Rolle 139.3 " 325.19
E135 '
o£ S~ of
N~ of Lot
6 less N
150 ' ;sS0 '
and E25'
R/W
Section 17-46-43 (6-($ S Arthur L., 50 " 116.72
50' of" Peartine &
N150t of- Jimmie Lee
E135~ of $~ Holliday
of ~ of Lot
6 less E25~
Section 17-46-43 (6-B) Fred & Sadie 50 " 116.72
S50 ' Jones
of N100 ~
of E~135'
of s~ of N~
of Lot 6 less
ASSESSMENT_ ROLL Page 2
DES~,R,I,.p.TIONL OF. ,PROPERTY OWNER FRONT FRONT FT. TOTAL
FOOTAGE ASS IM ASS ~I,i
BLOCK LOT
Section (6-A) Joe Dobson, Jr. 50 $2.331~!1!? $116.72
17-46-43 N 50 '
of Lot 6
Pine Crest 2 19 Seacrest, Inc. 50 " 116.72
Pine Crest 2 20 Seacrest, .Inc, 50 " 116.72
Pine Crest 2 21 Seacrest, Inco 50 " 116.72
Pin~ Crest 2 22 Catherine L. Dobson 50 " 116.72
Knowles-
Pine Crest 2 23 & Lezer Dobson 1~.34 " 266.92
West Side A NS0' Willie Franklin 50 " 116.72
Heights of 1
West Side A 2 & S Balam Mitchell, Jr. 64.36 " I50~25
Heights 1~. 36 '
of 1
West Side A 3 A.A. Simon Eassa 50 " 116.72
Heights
West Side A 4 A.A. Simon Eassa 50 " 116.72
Heights
West Side A 5 Howard W. & Ruth ~0 " 116.72
Heights A. Smith
West Side A 6 Ulan & Susie Mae 50 " 116o72
He ight s Ma t thews
West Side A ?&8 Eliza Rey~nolds 100 " 233.~5
Heights
West Side A 9 Theodoshia 50 " ll6 ~72
Heights Johnson West
West Side A 10 Lillie Mae Jones 50 " 116.72
Heights
West Side A 11 C. & Frances 50 " 116.72
Heights Cartwright
West Side A 12 C. & Frances 6~.3 " 150.11
Heights Ca~twright
West Side O 1 Mark & Eula M. 6~.36 " 1~0.25
Heights 0 ~Neal
West Side C 2&3 Rev. L. Lawrence 100 " 233.~5
Heights
West Side C ~ Hattie L. Hardwick 50 " 116.72
Heights
West Side C 5 Ezekiel E. Rolle 50 " 116.72
Heights
West Side C 6 Mt. Horeb Lodge 50 " 116.72
Heights #5290,G.U.0. of 0.F.
174-~
~ASSESSMENT ROLL Page 3
D.ESCRIPTION OF PROPERTY OWNER FRONT FRONT FT. TOTA~
FOOTAGE ASS'M ASS tM
B_LO¢~ LOT ..... '
Section (1 & 2) Ed Thomas 99.4 $2.33!,~!~,7 $232.05
E125' of
WlSO, of s~
of Lot 10
Section (3) S Charlie & Julie 44.95 " 104.94
17~6-43 4~, 95 ' Bradley
of N~4~, .35t
w~5o, of s¼
of Lot 10
Section (4) S Leroy & ~ssie ~5 " 105.05
1~7-~6-~3 ~5' of Hayes
N189.35' of E125~
of ~50' of
S~ of Lot 10
Section ES0' of Har~ Ha~ood 101 " 235.78
17-46,~3 ~5' of S134'
of S~ of Lot
10 less S33'
Section (14) N Harry Hagwood 16 " 37.35
1~6-~3 16' of Sl%0' ~
of W274.8 ' of
S~ of Lot 10
less W25'
Contract Hardrives $6,869.05
Engiz~ering Gross 381.00
Resolution No. 1~3~ 46.20
Ordinance Caption (Est) 1.65
Assessment Roll (Est) 26.40
Less 20% 1,46~.86 City's share of cost per
, ... Resolution No. 1~34
*80% to ~e ASS~SSEO ~5,859.44
ASSESSMENT ~ ROLL
For Opening, Grading and Paving of that part of Southwest Fifth
Avenue lying between Southwest Sixth and Seventh S%reets, to a width
of 24 feet.
FRONT FRONT FT. TOTAL
S~ub-D Block Lot OWNER FOOTAGE ASS'M ASS tM
Rosemont 1
Park
" 1 6 Foster
B. Neff
" 1 ? & 8 Morrie F. Neff 100 " 250.42
" 1 9 & 10 Margaret White 100' " 250.42
Edward
" 1 11 & 12 LaVern H. & Doris 106.1 " 265.69
T. Kopp
" 3 13 & 14 J. L. Helvenston' 106.1 " 265.69
" 3 15 th~u fferry & Jeanne 200 " 500°83
18 Sager
" 3 19 thru Rose Malone 306.1 " 766°52
24 Markey
1, 22~.4 $3,066.10.
Contract - Hardrives $3,364.38
Delray Beach Blue Print Co. 3.35
Resolution No. 1421 26.40
Ordinance Caption (Est) 1.65
Assessment Roll (Est) 11.00
Less 10% ~ _ .: .... 340.68ResolutionCity's shareNo.Of 1421c°st per ~
*90% to be ASSESSED $3,066.10 I
ADJUSTMENT of Assessment of this Improvement from 90/10 basis
cE Cost Sharin9 to 80/20 was AUTHORIZED By Council~ while in
regular session on June 2~th~ 196B.
Copy of adjusted assessment roll is attached hereto.
/s/~ R.D.Worthin9
17~-L
A,S.SESSE~
Per Opening, Gradlng and Paving of tl~at part of Southeast Sizth Street
lying between Southeast Pifth and Sixth Avenues to a width of 2~ feet.
S/D B~loc.k ~Lot OWI~ER i~RONT FRONT FT. TOTAL.
FOOTAGE .~.S.S 'M
0sceola Park 1 5 less Jesse F. & Helen 65.3 $2.1257 $138.81
W 5~ M. Link
" 1 6 Jesse F. & Helen 70.2 " 149,23
M. Link
" 1 7&8 W.C. LePage 135.5 " 288.03
less
ES' of
8
" 11 1 less Edwin Anderson 127.5 " 271.03
ES'
" 11 18 Edwin And erson 127.5 " 271.03
less W
~ Si,
Contract , Boldt $1,706.00
Engineering Gross 134.00
ReSolution No. 1398 12.00
Advertise Caption (Est) 1.65
Advertise Asslm Roll (Est) 9.90
Less 405 745.42 City's share of cost per
.... Resolution No. 1398
*60% to be ASSESSED $1,118.13
$SSESSMENT. ROLL
For Grading and Paving of that part of Northwest Ninth Avenue lying
between Northwest Second and Third Streets; also the construction of
Sidewalks on the East and West sides of that part of Northwest Ninth
Avenue heretnabove described,street 241 & sidewalks 51 in width.
FRONT 'FRONT FT. TOTAL
SU~./D BLOCK LOT OWNER FOOTAGE ASSAM ASSAM
Tourist A 17, 18 Jchnnie B 109.33 $2.7029 $295.50
Nook & 19 Samuels
" A 20&21 Lens & Georgia 80 " 216.23
Brunner
" A 22&23 Lens Brunner 80 " 216.23
" A 24, 25 Sam & Emily 120 " 324.33
& 26 Dobard
" A 27 Sam & Mary 40 " 108.12
Murray
" A 28 Fred & Dorothy 40 " 108.12
Martin
" A 29 Chubby Coleman 40 " 108o12
" ~ 30 Chubby Coleman 40 " 108.12
" A 31 Chubby Coleman 40 " 108.12
" A 32 Thomas J. Kemp,Jr.40 " 108.12
" B 1 John & Gladys 40 " 108.12
Reynolds
" B 2 & 3 Willard B. Bows 80 " 216.23
" B 4 Frank & Idella 40 " 108.12
Williams
" B 5 & 6 Lorenzo & Hester 80 " 216.23
Strainge
" B ? Ruben Dobson 40 " 108.12
" B 8 Charles & Lee 40 " 108.12
Clark
" B 9 RemeldaDames 40 " 108.12
William~
" B 10 Paul S. Knowles 40 " 108.12
" B 11 Tommy D.'& Ethel 40 " 108.12
Sheffield
" B 12 Asbery & Quells 40 " 108.12
Holley
" B 13 O.D. P~iest, Jr. 40 " 108.12
" B 14,15 Clifford Preston ~ " 29_5.8q
& 16 Wright
1,258.77 $3,402.3~
Contract Hardrives
.$5,590.79
D. B. Blue Print 3.35
Resolution No, 141~ 59.40
Ordinance Caption(Est) 1.65
Assessment Roll (Est) ~1. 0
Less 40% ~.'E(Oity's share of cost
(Per Reso!mtion No.
*60% to be ASSESSED .$3,402.35(1414
ORDINANCE NO. G-487.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY'OP DELRAY BEACH, FLORIDA, ANNEXING
TO THE 'CITY OF DELRAY BEACH CERTAIN LANDS
LOCATED IN SECTION 5, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, ~ICH LANDS ARE CONTIGUOUS
TO THE EXISTING MUNICIPAL LIMITS OP SAID
CITY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID. LANDS; PROVIDING FOR
'THE RIGHTS AND OBLIGATIONS OF SAID LANDS;
AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, CHURCH OF THE PALMS, CONGREGATIONAL UNITED
,~.URCH OF CHRIST, INC., is th~ fee simple owner of the property
hereinafter described, and
WHEREAS, the said CHURCH OF THE PALMS, CONGREGATIONAL
UNITED CHURCH OF CHRIST, INC., by it's Petition, has consented
and given permission for the annexation of said property, by the
City of Delray Beach, 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
Flor ida;
N°W, THEREFORE, BE' IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1 That the City Council; of ~he~City of Delray
Beach, Palm BeaCh County, Florida, hereby annexes to said City
the following described tract of land located-in palm Beach COunty,
Florida, which lies contiguous to said City, to-wit:
That tract of land in Section 5, Township
46 South, Range 43 East, Palm Beach County,
Florida, described as follows:
Lots 52 to 55 inclusive and Lots 58 to 60
inclusive of Lake Shore Estates, a subdi-
vision in the SE% of Section 5, Township
46 SOuth, Range 43 East, per Plat Book 25,
page 26, Public Records of Palm Beach County,
Florida
SECTION 2. That the boundaries of the City of Delray
Beach, Florida,i are hereby redefined' so as to include therein
the above described tract of land, and. said land is hereby de-
clared to be within the corporate limits of the City of Delray
Beach, Florida.
SE. CTION 3. That 'the tract of land hereinabove de-
scribed is i~reby declared to be in Zoning District R-1AA, as
defined by~ist~ Or~nances of the City of Delray Beach,
Florida, ~.'~siv~:~"use is h~reby gr~nted for ,improVement
of said ~'~e' '" :'~y'~ .church an~d~ ~ducatt~nal... purposes._
Page 2. Ordinance No. G-487.
SECTIO~ 4. That the land hereinabove described shall
im~ediately become subject-to all of the franchises,_ privileges,
immunities, debts, obligations, ,liabilities, ordinances and laws
to which lands in the City of Delray. Beach are now or may be,
except as otherwise provided in Chapter 192~06 of the-Florida
Statutes, 1961, and persons residing thereon shall be deemed
citizens of the City of Delray Beach.
SECTION 5~ That if any word, phrase, clause, sentence
or part of this ordinance shall be declared illegal by a court
of competent Jurisdiction, such record of illegality shall in no
way affect the remaining portion.
Passed in regular session on the second and final read-
ing on this the 2?th day of May,_1963.
/s/W L Fa
MAYOR
ATTEST.:
/~/ ROBERT D. WORTHING
City Clerk
1st Reading Ma~.13. 1963.
2nd Reading Ma~ 27, 196~..
ORDINANCE NO. G-488.
· AN ORDINANCE OF THE' CITY COUNCI~ OF THE .
CITY OF DELRAY, BEACH, FLORIDA,~ ANNEXING
TO THE CITY OW DELRAY BEACH CERTAIN LANDS
LOCATED IN SECTION 5, 'TOWNS~. 46 SOUTH,
RANGE: "43 EAST~:. R~{ICH LANDS A~ CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
!REDEFINING THE BOUNDARI~ES-OF S~ID C!.TY TO.
INCLUDE SAID LANDS; PROVIDING FOR THE :RIGHTS
AND: OBLIGATIONS:' OF SAID LANDS; AND PROVIDING
FOR THE ZONING THEREOF.
WHEREAS, UNITY CENTER OF DELRAY BEACH, is the fee
~mple owner of the property hereinafter described, and
WHEREAS, the said UNITY CENTER OF DELRAY BEACH, by it's
pe~tition, has consented and given permission for the annexation
of said property by the City of Delray Beach, and
~EREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 185.1 'of
the City Charter of said City granted to it by the State of
Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS' FOLLOWS:
SE.C?!ON.1.. That the City. CoUncil of the City of Delray
Beach, Palm Beach CountY, Florida, hereby annexes to said City
the following described tracts of land located in Palm Beach
County, Florida, which lie contiguous to said City, to-wit:
Those tracts of land in Section 5, Township
46 South, Range 43 East, palm Beach County,
Florida, described as follows:
The West 624 feet of the East 684 feet of the
North half of the' South half of the Southeast
quarter of section 5, Township 46 South, Range
43 East less the South 48 feet and less the
North 266 feet.
The South 48 feet of the East 684 feet of the
North half of the South half of the Southeast
quarter; also the North 12 feet of the East
684 feet of the Southeast quarter of the South-
east quarter of the Southeast quarter of Section
5, Township 46 SoUth, Range 43 East, AKA as N. W.
22nd Street.
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein
the above described tracts and parcels of land, and said lands
are hereby declared to be within the corporate limits of the
City of 'Delray Beach, Florida.
,98
Page 2. Ordinance No. G-488.
SECTION 3~ That the tract of land hereinabove first
described is hereby ~eclared to be inZoning District R-1AA, as
defined by existing'ordinances of the CityofDelray Beach,
Florida, and permissive use is hereby gNanted forimprovement
of said property fo~ church,.and educational~.purpoees.
.SECTION '4..' That the lands-hereinabovedescribed shall
immediately become~subject to 'all of the franchiees~ privileges,
immunities,, debts,' obligations, liabilities, ordinances and laws
to which lands in the City'of Delray Beach are now or may be, ex-
cept as otherwise Provided in Chapter.192.06 of the Florida
Statutes, 1961, and persons residing thereon shall be deemed
citizens of the City of Delray Beach.
SECTION '5~' That if any word, phrase, clause, sentence
or 'part of this ordinance shall'be declared illegal by a court
of competent jurisdiction, such record of illegality shall in no
way affect the remaining portion..
Passed in regular session on the second and final read-
ing on this the 27~h day of May, 1963.
/S/ WALTER ,D..IETZ
MAYOR
ATTEST:
City Clerk
let Reading Msv.l~. 196~.
2nd Reading Maw 27. 196~,.-, ,
'!:98