09-11-63SpMtg SEPTEMBER 11, 1963
A.special meeting was held in the Council Chambers at ~:00 P.M.,
~Mednesday, September 11~ 1963, with Vice-Mayor A1 C. Avery im the
Chair, City Manager Robtrt J. Holland, City Attorney JohnRoss Adams,
and Councilmen Emory J. Barrow, George Talbot, Jr., and
W. Woodard Jr., being present.
An opening prayer was delivered by City Clerk~ ~orthing.
Vice-Mayor ~very called the meeting to order and announced that
same had been called for the purpose of considering final plans for
construction of the DelraY B~ach Yacht Club, and for any other busi-
ness which may come before the meeting.
Plans for said Delray Beach Yacht Club were presehted and ~is-
cussed. Ther~ was mention of the property g~ade, elevation, drainage,
etc. concerningconstruction of said Yacht Club and City Manager
Holland said that these things would have to be approved by the City
Enginee~ before a buiIding permit was issued by the Building Dfficial.
There was discussion about the length of time that it would take to
complete building with thought of the coming season in mind.
~fter reviewing said plans and location of-the' Del~ay Beach Yacht
Club, Mr. ~oodard moved to approve the final plans and specifications
of Mr. Plym~s Yacht Club and Basin, subject to the normal ~uthorIza-
tion of permits by any City forces or otherwise, thatwould-norm~lly
have to be granted. The motion was seconded by ~. Barrow and carried
unanimously.
The City Cler~ presented a letter f~om 'Baner Realty,J Inc., as
agent for the R. C. Siegel Corporation, asking for permissive use for
construction and operation of an Outside Carpet Golf Course on Lots
1, 2, 3 and $, Block 61.
Mr. Barrow moved that this request be referred to the Planning/
Zoning Board, the motion being seconded by Mr. Moodard.
Mr. ~lbert Baner said thare was a time element involved in this
request as the owner wanted to be ready to operate the business during
this winter season if permissive use was granted.
There was discussion as to the best manner in which this type of
operation could be allowed in a C-1 Zoned area. City ~ttorney Adams
said that if this request was allowed by Ordinance, that a request
£rom the Council to the Planning Board to consider amending the 0rdi-
uance to make Ca,pet Golf Courses ~ permissive u~e in C-1 Zone should
~e made. That same Should g6 to the Planning Board for-'their consid-
eration, without a Public Hearing at that time. The Planning Board
~ould report bac~ to the Council ~n the ~dvis~bility Of amending the
~resent ordinance to permit same ~fter which ~n Ordinance would be
~repared for passage to permit Carpet Golf Courses in C-1 areas, ~nd
~t a public hearing would be held by the Council ~t the time'of
~econd reading of the Ordinance, after it had been ~dvertised st least
~Ifteen days prior to said second reading.
Mr. Barrow and Mr. Woodard withdrew their motion and second to
'.efer said request to the Planning Board.
Mr. Baner informed the Council that what he needed today, in
)rder to notify his client that said request is being considered, is
i;hat the Council has taken this request under advisement and that it
~ill have to go through the necessary channels before the final de-
cision is made.
Mr. ~oodard-then moved that this request be referred to the
~lanning Board with the request that they study same, hold a public
~earing if necessary, and to study it with particular attention to the
advisability of amending the Zoning 0rdin~nce to permit Carpe~ Golf
~ourses in C-1 Zoned areas. The motion was seconded by Mr. Barrow
~nd carried unanimously.
City Manager Holland comented aa follows: "As a matter of
~larification, I wo~ld like thiS~n record. Apparently, somewhere
~long the line I have, through the news media, accused Col. Neff of
362
being responsible for the well publicized manholes in the City. I
want this as a matter of record in the minutes tonight, that he
couldn't possibly be responsible owing to" the fact that he waahtt"here.
I didn't accuse him. I don't say it was a mis~s~atement, it was a
mi sunders tanding."
City Clerk Worthing reminded the Council that they were familiar
with the opportunity that M~. McOreedy and Mr. Cook are in the Position
to submit 'to Delray Beach concerning the refunding of tJie outstanding
1957 Water Revenue Certificat~ Issue to the extent of saving the City
a mlnimum"of ~150,000.00o That Y~v. Cook and Mr'. McOreedy cannot be in
Delray Beach on Monday afterhoon at 2:00 P. M. ahd would like for the
meeting to be either Wednesda~,'~Thu~sday or Friday of next week. Mr,"
Woodard moved that the City' Mahager se~t hp s.aid meeting with the FiScal
Agents for Thursday or Friday afternobn at 2.00 P. M. The motion was
seconded by Mr. Barrow and carried unanimously.
The meeting .~djourned at 5:40 P. M. on motion by Mr. Woodard and
seconded by Mr. Talbot.
R. D. WORTHING
-- City Cle~l¢ . '
APPROVED:
/11/63
SEPTEMBER 9, 1963
A regular meeting of the City Council of Delray Beach was held in
the Council Chamber at 8~00 P.M., with Mayor Walter Dietz in the Chair,
City Manager Robert J. Holland, City Attorney John Ross Adams~ and
Councilmen A1 C. Avery, Emory J. Barrow, George Talbot, Jr., and Oliver
W. Woodard, Jr. being present.
1. An opening prayer was delivered by the Rev. Charles C. Carrin.
2. Concerning the minutes of August 24th special meeting, there was
discussion concerning Page 34 of the proposed Budget for 1963-64,
Function No. 173, Community Promotion - Chamber of Commerce, that any
money concerning the coming World's Fair in New York would come from
"Direct City Promotion", as set up in the above mentioned Budget -
Function No. 173. Mr. Woodard stated that with that understanding, he
would move that the minutes of the special meeting of August 24th and
the regular~meeting of August 26th be approved. The motion was secon-
ded by Mr. Avery and carried unanimously.
3. Miss Dorothea Galvin read the following portion of the Code of
Ordinances~
"Sec. 29-15. Parking of automobile trailers~ use of same as living quarters.
(a) Parking prohibited~ exceptions.
No automobile trailer, vehicle or conveyance equipped to travel
upon the public highways not self-propelled, that is used either
temporary or permanently as a residence, or a home or apartment
or other housing accommodations shall be kept within the city
for more than two hours unless such vehicle is kept in an
enclosed garage, or unless such vehicle is detained because of
circumstances beyond the control of the operator~ and further
provided that no automobile trailer, vehicle or conveyance, as
described above, equipped to travel on the public h~ghways shall
be kept or parked on Ocean Boulevard of the city from the South
city limits to the north city limits for more than thirty minutes
unless such vehicle is parked there due to circumstances beyond
the control of the operator."
Miss Galvin asked the Council if they realized that a lot of the
trailers now are self-propelled, and suggested an amendment to said
ordinance as a result of the change or addition in the type of vehic-
les, further, that last winter there were several of the self-propelled
icampers that parked for hours in Delray Beach.
Mayor Dietz suggested appointment of a committee consisting of Miss
Galvin, the City Manager and City Attorney to prepare an ordinance as
suggested by Miss Galvin, it being so moved by Mr. Woodard. The mo-
tion was seconded by Mr. Talbot and carried unanimously.
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. Frank Carey
Delray Beach Taxpayers League Miss Dorothea Galvin
Business & Professional Women's Club Mrs. Alyce Husa
Tropic Isle Civic Association Mr. John Halstead
Delray Beach Board of Realtors Mr. Andrew N. Gent
Delray Beach Civic League Mr. Joseph Baldwin, Jr.
Veterans of Foreign Wars Mr. Clarence Bingham
West Side Recreation Advisory Board Rev. J. W. H. Thomas
Delray Beach Improvement Committee Mr. L. L. Youngblood
Frances J. Bright Women's Club Mrs. Joseph Baldwin, Jro
Sherman Williams Post No. 188, American
Legion Mr. Theron V. Nubin
5. City Clerk Worthing read the following letter fromMrs. C. W.
Trieste, dated September Sth, to the, City Council=
"I should like to expressman enthusiastic~'thank you' to everyone
connected withthesummer learn-to-swim courses.
My two sons learned to swim in these courses, going back thirteen
years. My daughter has gone the entire route from beginner to
advanced swimmer, and now Mama (me) has proven that they do indeed
work miracles over there, for they taught me to swim.
It would have done you good to have visited our adult class any
evening. Our teacher, Brenda.Patriani, knows the exact mixture
of encouragement and browbeating that works.best on adults, and
ail of us were very fond of her. Mr. Barnicle was unfailingly
interested in the progress of bach of us. Most of us would like
to pay a little more for the lessons so that there could be
smaller classes working at varying levels of proficiency.
We would like to see the staff complimented on an outstanding
job done this summer."
Mayor Dietz reported that he had been informed that 600 youngsters
learned how to swim at the pool this summer out of the 900 that at-
tended, and that the other three hundred already knew how to swim.
5. CitY Clerk Worthing read the following letter addressed to Mr. O.
W. Woodard, from the Tri-CountyGovernmental League, dated August 30th:
"I am pleased to inform you that you have been selected to serve
as a memb'er of the Board of Directors for palm Beach County. I
am looking forward~to~the pleasure of working with you.,'
5. The City Clerk then read the following letter from Mr. Harvey L.
Brown of Beery'and Brown Agency, Inc., dated September 9th:
"This letter is being written to advise you of the status of the
arrangements being made to provide Errors and Omissions Insurance
fOrRuSsell and AXOn under the requirements laid down by the con-
tract specifi~ations.between Russell and Axon and the. City of
Delray Beach.
Mr. Steinhilper of RuSsell~ and Axon was in my office on
Thursday, SePtember 5,. i963 andpicked up the necessary appli-
cation forms to be completed by his office in Daytona Beach or
by a qualified representative of Russell and Axon. We do not
as yet have the application forms back to be sent to the
Insurance Company for consideration.
I will keep you advised of further developments as this matter
progresses."
5. City ClerkWort. hing read the following letter to the Mayor and
City Council f~om Municipal Judge James W.. Now/in,' Jr., dated Septem-
ber 9th:
"The recent report of the National Safety Council for the City
of Delray Beach, pointed up what I have long felt to .be a need
' in the Municipal Court, that is, the appointment of a City
ProsecUtor. While the ~ity hasvery capable police officers,
they do 'not possess the necessary qualifications for assessing
-2- 9/9/63
"or presenting a Criminal or traffic case. As a result of this,
many cases have been brought in~o court which, in my opinion,
might not have been prosecuted had a City Prosecutor-been
available. Other meritorious cases presented by police officers
have resulted in acquittals because the officer was unaware of
some legal technicalities.
I have discussed this matter with Po/ice Chief R. C. Croft and
Mr. John Ross Adams, the City Attorney, and they concur in my
~elief that it would be advantageous to the City to have a City
Prosecutor.
I therefore respectfully request that the City Commission appoint
a committee to study the desirability of creating the office of
City Prosecutor and to report back to the City Commission at an
early meeting its findings and'recommendations."
Mayor Dietz asked that a copy of this letter be sent to each Coun-
cilman in order that it may be given some study and same placed on the
agenda of the next regular Council meeting.
5. The City Clerk read the following letter from Mr. and Mrs. Eugene
Bobrovnichy, dated September 2nd=
"Thank you for the reply to our communication of August 16.
Yes, we did talk to the City Engineer regarding our parking
problem. However it is far from being solved. As a matter
of fact it can't possibly be settled, not until the lift station
is completed and the exact location of the portion above ground
ascertained. Our only hope is that this will be done as quickly
as possible.
With reference to the comment in cur letter of the 'manhole on
top' which we erroneously attributed to'you, we are sorry for
the mistake. This bit of information.was handed to us by the
man in charge of the work at the construction site.
We shall indeed contact you relative to the landscape a~d general
appearance, upon completion of the lift station, as suggested by
you in your letter to us.
Finally, we wish to add that personally with you, Mr. Worthing,
we haVe no quarrel whatsoever. Your genial kindness and helpful
friendliness makes each visit to your office.a pleasure."
5. City Clerk Worthing read the following letter from MrS-~. J. Kin-
caid, President ofTom Kincaid and Company, datedAugust 30th to Mayor
Dietz:
"I was unable to attend the Council Meeting August 29, 1963,
however, I did hear all of the broadcast of the meeting, except
in a few spots ~here they inserted commercials.
Although I was not a resident of Delray Beach at the time you
were elected, I feel as though you are doing a very fine job in
representing all the ~e0ples interest in the city, particularly
with reference to 'Getting our monies worth' for the sewer.
program.
Several questions which you asked were unanswered. Perhaps you
prefer to have them answered at a later date.
It was my opinion that some of the city employees were disre-
spectful to you and members of the Council. ~ believe that
- 3 - 9/9/6 3
"these people should be reminded.that the Mayor and Members of
the Council are duly elected representatives of the citizens
of Delray Beach. I also believe steps should be taken to
rectify these practices even to the extent of a formal repri-
mand and/or dismissal."
5. The City Clerk read the following letter to Mayor Dietz from Mr.
Clem P. Hackman of Delray Beach, dated Septen~ber 2nd=
"I notice in the Miami Herald the story of the effort to shorten
the sewer outfall being constructed.
Please read the enclosed articles in the Sun Sentinel on the
experiences in South California where a one mile outfall was
inade~ate and the beaches were quarantined for ten years until ~'-
a treatment plant and lines five and then seven miles out to sea
were installed.
Pollution of our off shore waters is Florida's biggest gamble.
It would cost many times the $t3,000. saved by bob-tailing to
extend the line at a later date. California learned the hard
way by taking the opinion of the engineers with untreated sewage
just a mile off shore reaching its beaches.
Let us not be misled by false economy."
5.a. Mr. Barrow asked that the City Administration send a letter of
condolence to former Delray Beach Mayor, Mrs. Catherine Strong, as a
result of the death of her mother, on behalf of the City Council, it
being so moved by Mr. Woodard. The motion was seconded by Mr. Avery
and carried unanimously.
5.a. Concerning progress of the sewer program, Mr. Talbot informed
the Council that the merchants east of the Intracoastal Waterway, or
lying be'tween the Waterway and Ocean Boulevard, are very much dis-
turbed as to the stories they hear that Atlantic Avenue will be dug
up at any t'ime with no de£inite commitment as to when it will be com-
pleted. Further, that he had been told that a certain merchant east
of ~he Wa%erway, who remained open all year, had been advised, upon
inquiry to the City Engineering Department, that Atlantic Avenue would
be torn up all summer, and that on that advice, the inventory of said
store was sold and the store closed for the summer and is still closed.
Mr. Talbot further stated that these merchants would like to know the
schedule of powe11 Brothers work on the connection to the Ocean Out-
fall line from Ocean Boulevard to the Intracoastal Waterway.
Mr. Jack Steinhilper, an authorized representative of Russell &
Axon, was present and Mr. Talbot asked him what Powell Brothers' work
schedule was on the connection to the Ocean Outfall from the Intra-
coastal Waterway to Ocean Boulevard.
Mr. Steinhilper stated that Russell &Axon is now working on a work
schedule that will be presented to the Council very soon. That the
Corps of Engineers is holding that work up during their advertising
period for Powell Brothers to cross the Intracoastal Waterway and that
said advertising period will be up either the 23rd or 27t~ of Septem-
ber, and 'that said construction could not be started before that time,
and would not be started until the Council approved the work schedule.
Mr. Talbot referred to a letter read earlier this evening from Mr.
and Mrs. Eugene Bobrovnichy concerning a lift station at MacFarlane
Drive and IngrahamAvenue, and asked Mr. Steinhilper what the proposed
completion date was for said lift station, as he was interested in
knowing when the people in that area would have ingress and egress to
their rental properties.
Mr. Steinhilper informed the Council that he was not sure of the
date of the completion of that lift stationwithout referring to their
records, but that he would give the ~oun.cil that information before
-4- 9/9/63
this meeting adjourned, and that a work schedule would be p~esented to
the CounCil in plenty of t~me for them to study before the next regu-
lar meeting. ~.
Mr. Talbot then asked concerning work schedUle and completion date
of the lift station being installed on Andrews A~enue between .Thomas
.and Lowry Streets, as residents in that area had questioned same. Mr.
Steinhilper said that information would also be furnished to the Coun-
cil tonight.
5.a. Mr. Talbot referred to a letter read earlier during this meeting
from Mr. Cle~ Hackman to Mayor Dietz and stated that it brings to his
attention the undesirability of shortening the Ocean Outfal~line.
That the~e is a different situation on the east coast as opposed to
the California coast, in that if the outfall line is put into the Gulf-
stream, there will be no trouble, a~d that if it is not put in the
Gulfstream, there will be trouble, further, that he intended to find
out before a change order is approved whether the outfall line is in
the Gulfstream, that if it is not in the Gulfstream, he will do any-
thing possible to stop approval.of.said proposed .change order.
Mr. Steinhilper referred to a letter that Mr. George Russell of
Russell & Axon, had sent to the State of Florida Board of Health.
Mayor Dietz said that the~Council did not have a copy o~' said letter
to the State Board of Health, that they were waiting for'.a copy of
that letter. Mr. Steinhilper said that he did not believe that a
reply had been received from the State Board of Health to said letter.
Mr. Talbot asked where authentic information could be obtained as
to whether the ocean outfall line is'in the Gulfstream. Mr. Stein-
hilper informed the Council that the Corps of Engineers in Jacksonville
should have data on how far the Gulfstream is from the shore off Del-
ray Beach, and that their Operations Officer is Mr. J.LoMcKnight. Mr.
Talbot further asked who in the City A~ministration could get such in-
formation for the Council. Mayor Dietz suggested that City Clerk
Worthing write to the Corps of Engineers for that information. Mr.
Woodard asked if that was a motion, to which Mr. Talbot said that he
would make it in the form of a motion. Mr. Woodard then said that he
would second the motion.
During discussion, Mr. Avery asked to have the motion repeated, and
Mr. Talbot asked Mr. Woodard.to make the motion. Mr. Woodard then
moved that Mr. J. L. McKnight~ Operations Officer of the Corpe of
Engineers at the Jacksonville office, be contacted by the ~ity Admin-
istration to furnish the Council with the information regarding the
distance of the ~ulfstream off of the Delray Beach shores. The motion
was then seconded by Mr. Talbot. Mayor Dietz said that the divers
working on the ocean outfall were so cold during the last few days of
installation that it would make a person wonder if they were working
in or near the Gulfstream.
Upon call of roll, the motion carried unanimously.
Miss Dorothea Galvin suggested that the City also contact the U. S.
Coast and Geodetic Survey in Washington, D. C., concerning the distance
of the Gulfstream from the Delray Beach shore. Following discussion,
the Councilmen agreed, to include in the above motion that the City
administration also contact the U. S. Coast and Geodetic Survey in
order to try to obtain the desired information.
5.a. Mayor Dietz said that he did not know just when the Council
would want to take action on three items as follows= That this Coun-
cil pass a motion that City employees remain at the level of the 1~63-
64' budget so that they cannot be increased beyond that in number°
That any funds that the City Manager spends, that he must have the
funds before he spends them, and that there be no transfers from one
department to another during the budget year without the approval of
the Council. It was suggested that these items be acted upon at the
time of consideration of the 1963-64 budget.
5.a. Mayor Dietz said that he thought it would be in order for the
Council to have a statement of appreciation to Mr. Daniel Neff for all
- 5- 9/9/6 3
the things he has done to. aSsist in getting the sewer project under
way, it being so moved by Mr. WoOdard. The motion'was seconded by Mr.
Talbot and carried unanimously. Mayor Diet~ stated that the City
could not protect itself if it were not for the things that Mr. Neff
suggested be put in the contract.
5.a. Dietz asked City Clerk Worthing the Status of the County
Mayor
Election precincts and referred ~o a problem that had existed concern-
ing the residents in Chevy Chase Subdivision.
Mr. Worthing said that same had been determined by the Palm Beach
County Commission, and that he understands it has also been approved
by Mr. Gotham, the Supervisor of Registration.
5.a. Mayor Dietz said that the Council had asked Russell & Axon to
have the questionable manholes removed and that Russell &AxOn had
given their instrUctions that said manholes should be removed, but that
there has been no date set for removal'of them, further, that he thinks
there should be a definite date set within'which time they would be
removed. Mr. Woodard moved that the City Manager be requested to fur-
nish the Council with a date afte~ checking With the engineers, the
motion being seconded, by Mr. Talbot. During discussion, it was sug-
gested that the request be made that themanhOles be out by November
1st, and City Manager Holland informed the Council that there was a
brick shortage in this area at the present time, but that he would put
pressure on the contractors if it was the deSire of the Council.
Mayor Dietz.said that he would like tO suggest that the pressure be
put on for the removal of the thirty manholes and a definite date be
set when that shall be completed, further, that this be worked out by
the City Manager and reported to the Council at the next regular meet-
ing. Mr. Woodard amended his motion to agree with the suggestions
made by Mayor Dietz. Mr. Talbot agreed to the amendment in seconding
the motion, which motion carried unanimously.
5.a. Mayor Dietz said that he had an item concerning his request for
the resignation of the City Engineer, further, that he has found that
item is not clear in the minds of the people and thought tonight would
be a good time to clear that up. Mayor Dietz commented as follows:
"In bringing up this next subject I would respectfully ask that this
Council take no action on this matterwhatsOever tonight.. Each member
I hope will for himself individually'look into the records and ~in that
way the matter of personalities will be entirely removed. City em-
ployees should not be subject to personalities, but let it not be for-
gotten that City employees have a responsibility to the City. In
other words, if you are a City employee you 'have got a responsibility
to the one who pays you.
The people of the City of Delray Beach have not been given suf-
ficient facts to understand why the Mayor asked for the City Engineer's
resignation. The Mayor asked this of the. City Manager at 7~25' A.M.
the morning following the Council meeting with Russell &'Axon.
This is the issue, and this is the Only issue, and this is the
issue that must be clearly understoodby everybody that has an interest
in this matter.
The Consulting Engineers admit in writing and also before the Coun-
cil that their specifications approved by the State were not followed.
Now, that is clear English, I hope.
Now I believe that a City employee in his capacity also has an
equal responsibility to the citizens of the City of Delray Beach who
pay him his salary. He must see that speUificat~ions are followed. This is the issue:
Did the City Engineer see that specifications were met by the con-
tractor or did he allow substitute material not specified to be put
in the ground and still collect his salary? Did he carry out his job
as City Engineer and liaison between Russell & Axon and the Council?
If not, why not? The public is entitled to know.
This is'the issue:
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3~9
"Let me now refer to the minutes of a meeting of January 29, 1963 at
2=00'P.M. attended by 16 people, one of which was Mr. Fleming, the
City Engineer.
I quote from the minutes~ Paragraph 4,. page 2, 'which check is
standard procedure and can be made in two weeks'. In other words, Mr.
Osteen said it was standard procedure for cities to send their engi-
neers to look over the sewer plan and that could be done in two weeks.
'Mr. Fleming stated he assumed the details in the plans are correct
but he would like to go over them with Russell and Axon's engineers
to be sure they will adapt to this local layout, which he felt was his
primary function. Mr. Avery suggested that Mr. Fleming be authorized
to travel to Russell & Axon's office in Daytona Beach to go over these
plans.'
Paragraph 3, page 4, 'It was agreed that when Mr. Fleming goes to
Daytona Beach to study the plans, he can get some preliminary data on
how many easements will be needed and their location so that the City
Manager can proceed.'
Paragraph 1, page 5, 'It was agreed that Mr. Fleming would be the
judge of which changes are minor and which are major and have to go to
the City Council for approval.'
Paragraph 4, page 5, 'Mr. Avery felt that this liaison work between
the Council and Russell &Axon should be done by Mr. Fleming.'
Paragraph 1, page 6, 'Mr. Avery reiterated that the City has per-
s6nnel who ar~ qualified and capable of doing this work, the City
Manager and City Engineer.'
My comments~ Mr. Fleming was sent to Daytona Beach to familiarize
himself with the sewer plans. He was not responsible for the design
or specifications prepared by Russell & Axon. He was however to be
perfectly familiar with the specifications and design so he could
protect the city's interests in his capacity as City. Engineer. Mr.
Osteen of Russell &Axon had said this is standard procedure and could
be done in two weeks.
Now, let's look at the record.
City records show Mr. Fleming was in Daytona Beach only three days,
FebrUary 6, February 7, February 8.
Now, let us turn to special meeting March 20, 1963, page 10.
City Engineer Fleming asked that his following remarks be a part
of the record= 'I have gone over the plans in the field with your
consulting engineer and in the short period of time that we have had
to my knowledge they are satisfactory in an engineering manner as to
location, as to design', etc., etc.
My comments= From all the foregoing minutes that I have just
quoted, it 'is apparent that Mr. Fleming was charged with and accepted
the full responsibility for protecting the'city's interests relative
to the specifications and designs prepared by Russell &Axon. The
records show that.
Now, I ask, also where was Mr. ~leming~ why was he not at the 3
hour meeting of A~ril 8, 1963, 2=00 P.M. when final specifications
were drawn up to include those changes required for City protection?
Now, I ask, also where was Mr. Fleming, why was he not at the meet-
lng of May 6, 1963, 9:00 A.M. when bids were received?
NOW, I ask, also where was Mr. Fleming, why was he not at the meet-
ing on May 16, 1963, 1:00 P.M. when the contracts were awarded9
Now, I ask, also where was Mr. Fleming, why was he not at the first
meeting with the contractors and Consulting Engineers when the rules
were laid down? The meeting at which the contractors receive their
instructions? The very first meeting. The most important meeting of
all when you have yourcontractors together and your engineers. Mr.
Fleming was not there.
Now, I ask, also where was Mr. Fleming from June. 24, 1963 to July
25, 1963 when 37 manholes Were put in the ground and only 7 of them
were brick which met specifications. Mind you, only 7 out of 37 met
specifications in Sections I & II. Precast manholes have no accePt-
ance under the Delray Beach Specifications and the City Engineer knew
this: A person would have to be blind not to see these precast sec-
tions laying around. I took plenty of pictures of them. They were
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350
"all over.
Yet, Mr. Fleming in his liaison Capacity did not notify the council
of this!- Instead Mr. Holland asked the Council to okay change order
No. 1, July 22, 1963, and the Council was not even told that the man-
holes were already in the ground that did not meet Delray specifica~
tions on July 22, 1963, 30 of them~ But what is even worse is that 25
of them were precast'and we were offered about 3% saving whereas
'Russell & Axon in their letter of August 5, 1963 admit precasts are
30% cheaper~ Why did Mr. Fleming allow this? Did'Mr. Fleming report
this to his superior? Mr. Fleming did not =sport it to the Council~
Yet the Agenda of July 22nd reads~ 'City Manager concurs with the
recommendation of Russell & Axon for acceptance of proposed Change
Order No. 1 and requests Council approval thereof.'
The letter of transmittal of Change Order No. i to Mr. Holland
under date of July 9, 1963 which the City Manager concurs with the
recommendation of Russell & Axon reads - now listen carefully -
'covering substitution of precast manholes for brick manholes'.
Did Mr. Fleming ever see or study a design and specifications for a
reinforced concrete manhole by Russell & Axon? Russell &Axon stated
before this Council they did not prepare one for Delray sewer system.
There has been a lot of talk about reinforced concrete manholes and
Russell a Axon never presented or prepared a design or a specification.
Russell &Axon said Barb&ross& had a sketch they worked from. Let me
read you"the title of this sketch. 'Precast Manhole cast at Job Site'
by J. C. Briggs. Now, after Delray pays thousands of dollars, over
$100,000.00 to be more explicit, for design and specifications, do
you think a City Engineer should let a contractor work off of a shop
drawing that was not approved by Russell & Axon for this Delray sewer?'
(Mayor Dietz displayed the drawing and continued) "We paid a hundred
thousand dollars or more for plans and specifications and the City
Engineer allows them to work off of a work sheet like that that has
nobody's okay, and is produced by the Briggs Company. That is in the
record testified to by Russell &Axon. It doesn't look good to me.
If we pay money for specifications, we must have had a reason to pay
for it. We don't have to use everybody's little piece of paper. I
certainly don't think the Engineer should have allowed that.
Change Order No. I was not acted upon at the July 22nd meeting but
deferred to August. 12th. August 12th meeting agenda explanation under
6b. reads 'Change Order No. 1 pertaining to substitution of precast
manholesr for brick manholes.' That is as late as August 12th.
Yet Russell & Axon's letter dated August 5, 1963, this time ad-
dressed to Mayor and City Council reads and I am quoting, 'Since we
have never considered precast manholes for use on this job,3. There
certainly is no need of discussing precast manholes if they never con-
sidered them. 'The casting of the manhole section on top of the trench
at the manhole site was not authorized.' Ail of those things you saw
around, you saw them on lots, on the corners, theywere not authozized
according to Russell &Axon. The Council.has ordered the removal of
the 30 manholes that do not meet specifications.
I hope and I believe everyone now sees and realizes that instead of
3% savings offered the City, this change would have amounted to 30% or
better to the City, according to Russell & Axon's letter of August 5,
1963. Preoast manholes would not be acceptable at any price.
Suppose the Council had followed the recommendation of Russell &
Axon, which Mr. Steinhi;lper said Mr. Fleming and Mr. Holland had ex-
pressed concurrence in, in Mr. Holland's office? This is a matter of
record. This change order was on our July 22nd and August 12th agen-
das. The City w~uld have received precast manholes instead of brick
as the specifications called for and a credit of only 3% approximately
for a greatly inferior product. Only the investigation by your Coun-
cil prevented this from taking place.
It should never have taken place. These manholes should never have
been allowed in the ground. If the City Engineer wanted to stop it
he could have done so by coming to the Council which he should have,
as the liaison between the Council and Russell & Axon, as I have es-
tablished in the minutes of the meeting of January 29, 1963, Paragraph
-8- 9/9/63
35i
"4, page 5.
Thes~ are some of the facts, all taken from the records. They, I
believe, Can be easily understood by any unbiased person. Because of
these facts i felt as an elected Mayor of the people I must ask for
the resignation of the City Engineer Mr. Fleming. Further than that,
I as an individual am powerless to act. Public opinion must carry on
from here, the public of the City of Delray Beach can still get the
sewer they ordered. But it will take the pressure of public opinion.
I particularly asked that no action be taken tonight. This allows the
public time to express themselves on this important issue.
That, ladies and gentlemen of the City of Delray Beach, is why I
asked for the resignation of the City Engineer."
6.a. Concerning the West Side Recreation Center, Architect Richard
Hanna reported that he had some good news on construction progress,
that said recreation center is approximately within two weeks of com-
pletion, that the completion of the paving depends upon the weather,
further~ that Mr. Paul Herig, the contractor on this project~ has in
several cases upgraded the specifications at his own free will at no
cost to the City.
Mr. Hanna said there are three items that he wanted to present to
the Council which would require additional money and commented as
follows: "The Building Department wanted four more exit lights in
that building, and also different hardware on a few of the doors than
we had originally planned to put in there. This particular hardware
is considerably more difficult to install than the normal ha=dware
used and we have ~ labor charge on that of $43.63. The hardware it-
self will necessitate our going over the hardware allowance which~ to
begin with, is a rather nebulous figure,-because we don't know exactly
what we are going to end up with on the job. That runs $186.01 over
the estimated cost of the hardware, plus the $43.63 for installation,
makes a total of $229.64. For the additional exit lights, for the
wiring and the cost of the lights themselves, comes to a total of
$233.28. The third item is an $8~00 item to put a grill'in a door to
get a different combustion of oxygen for a water heater. The total of
all that being $470.92."
During discussion, it was brought out that these changes would ac-
tually be cheap insurance,' and that they were also required by the
Building Department, also that there are funds for this-project
lable to be appropriated, which funds are in a trust fund.
Mayor Dietz referred to a communication concerning equipment for
the West Side Recreation Center which requested a stove and a refri-
gerator, but that it was his understanding that in the contract price
of the building there was to be a new stove and refrigerator.-Mr.
Hanna said that was correct and it looked as though they would be able
to procure very good new equipment.at less money than they had esti-
mated. Also concerning a water cooler, it was made known that this
was part of the original contract. Mr. Hanna Said there had been
several compliments from people who are in the construction industry
as to how much building the City is actually getting for the amount of
money they are spending. Concerning the water cooler, Mr. Hanna said
there was a water fountain in the original plans and specifications
that was not a refrigerated fountain, that later they decided to omit
that and got a credit from the contractor and will still have to get
a refrigerated water cooler to replace the one originally planned,
further, that he had received estimates on five water coolers and the
prices run from $150.00 to $175.00, and that there is about $100.00
credit on the fountain that was omitted. There was discussion as to
what items' of equipment for the building could be purchased
through the City, thus eliminating the sales tax, such as the items
under allowances, being water cooler, stove, refrigerator and light
fixtures.
Mayor Dietz asked for a motion to appropriate $550.00 to cover the
three additional items explained by Mr. Hanna, also the difference in
the price of a water cooler, it being so moved by Mr. Avery. The
motion was seconded by Mr. Woodard and carried unanimously.
-9- 9/9/63
6.b. The City Clerk reported that back in the early part of 1947 the
Trustees of the Internal Improvement Fund issued deeds for many par-
cels of land to this municipality and one of sUch parcels comprised
an 80' x 130' lot'°n the Southeast corner of.West Atlantic Avenue and
9th Avenue. The West 15 feet of this lot is actually in the right-of-
way 'of Southwest 9th Avenue and the remaining 64 feet of the lot en-
croaches on a tract of land obtained by the Myrick family prior to
1926, and became known as Myrick Subdivision, Section 17, Township 46
South, Range 43 East. That these lands have been assessed and taxed
for over forty years, and the portion thereof encroached upon by said
deedwas improved in 1935, homesteaded and has been subject to taxa-
tion ever since, further, that in view of these determined facts, it
is recommended that the Council authorize execution of an instrument
relinqUishing any right, title or interest the City may have therein,
it being so moved by Mr. Woodard. The motion was seconded by Mr.
Talbot and carried unanimously.
6.c. Concerning changes in certain Florida Tax Laws, the City Clerk
reported as follows: "Municipalities must collect and pay Sales and
Use Tax due to the following chan~e in certain Florida Tax Laws, es-
tablished by the Florida Revenue Commission, to-wit:
'ADMISSIONS EXPANDED Section 212.02(16) defining admissions was
amended to expand tax coverage to the privilege of viewing or
participating in all types of amusement, SPORT OR RECREATION,
show, game or exhibition, including GREEN FEES, ALL DUES PAID
TO PRIVATE CLUBS PROVIDING RECREATIONAL FACILITIES, INCLUDING
BUT NOT LIMITED TO GOLF, TENNIS, SWIMMING, YACHTING AND BOATING
FACILITIES;- BUT SPECIFICALLY EXCLUDING CIVIC, FRATERNAL AND
RELIGIOUS. CL~3BS AND ORGANIZATIONS'.
This law was to have been, in fact was EFFECTIVE July 1, 1963,
however, due to an excessive amount of missionary work believed to be
necessary by the Revenue~ommission's agents, such effective date has
been extended'to September 1, 1963 and it therefore becomes mandatory
to file the first return, being that for the month of September, on or
before the 20th of October.
Sales Tax, as such, is collectible on all admission fees of 10 cents
or more, and at present, the City operates two swimming pools and the
tennis cOurts, fees for such participation being: SWIMMING POOLS:
Minors - $.10 each, Adults - $.25 each. TENNIS COURTS: Daily $.50
each, Membership (Year) -$15.00 each.
June 1963 participation in the Recreation facilities offered at the
swimming pools and tennis courts within the City reflect the following:
EAST SIDE POOL: Minors - 1823, $182.30. Adults - 301, $75.25. Ren-
tals and Other Charges - $80.90.
WEST SIDE POOL: Minors - 1420, $142.00. Adults - 19, $4.75.
TENNIS COURTS~ Players - 39, $19.50. Total - $504.70.
It ~is suggested that the City absorb the Sales and Use Tax made
necessary to collect by virtue of the recent legislative change in
certain Florida Tax Laws, as relates to admissions for viewing or
participating in all types of amusement.
Council should establish desired policy on this matter without delay
inasmuch as said tax is currently collectible and payable by State
Law."
Mr. Worthing said that for each 10¢ admission fee, there is a sales
tax of 3% which, in effect, amounts to one cent.
Mr. Talbot asked for an approximate amount of money involved over
the period of a fiscal year to pay the sales tax that is required.
Finance Director Weber informed the Council that it would ju'st be a
guess, but that he would estimate that $200.00 woutd cover same, and
that this amount may be taken care of in the coming budget, that $200.
would be added to Account No. 710, the Recreation Administration
Account.
Miss Dorothea Galvin warned the Council about establishing a pre-
cedent in this matter, that as the town and area grow, providing the
- 10- 9/9/63
353
sales tax could become a costly item, and that a decision as to where
the sales tax will come fro~ be approved on a yearly basis~
Mr. Woodard moved that $200.00 for the purpose of taxes be added to
the budget request which is Account No. 710,.Recreation A~ministration,
the motion being seconded by Mr. Talbot.
City Attorney Adams informed the Council that they.could raise the
admission fee at the pool and collect the taxes, regardless of what is
said tonight. Mr. Robert Grauch of Deerfield Beach, a.lso a Delray
Beach property owner, said that he thought the fees should, be raised
to cover the tax.
Upon call of roll, the motion carried unanimously.
6.d. Concerning engineering fee for final plans and specifications of
three items for Water System improvements, the City Clerk reported
that this item was deferred by Council on August 12th and again on
August 26th, and that Russell &Axon's proposed lump sum fee for such
services, requested by the City Manager on directive of Council, is
$1,950.00. Otherwise, the fee would be on the basis of the existing
contract between Russell & Axon and the City,, the fee in that case
would be $1,960.00 if the actual cost became that of the estimated
cost, inasmuch as their basic fee is 4%.
Following lengthy discussion about the fee and the date the Council
would receive the completedplans and specifications, Mr. Woodard
moved that the Engineers, Russell & Axon, be instructed to proceedand
that their fee is to be determined based on the contract bid price.
The motion was seconded by Mr. Avery and carried unanimously.
6.e. Concerning the speed of by-rail cars through theCity of Delray
Beach as set in Emergency Ordinance No. G-501, the Florida East Coast
Railway Company asked that they may be heard on the matter by the
Council.
Mr. Bernard D. Vlasin, General Superintendent of the Florida East
Coast Railway Company, from Miami, said that they appreciate the
opportunity to be heard on this matter. That the purpose of the by-
rail cars is to prevent sabotage to their lime. That since the strike
on January 23, 1963, there had been more than 16~ attempts at sabotage
to their line and equipment. That these cars are operated in advance
of each train, to inspect the rails, and try to stay a sufficient
distance ahead of the trains. That the cars are operated by two men
and operate under the strictest motor car rules, which require that
they approach allcrossings under full control and prepared to stop if
necessary. That these men have been trained for that purpose and the
Railway Company feels they are operating the cars in asafemanner and
will insist that they do so. Mr. Vlasin asked that the action taken
on August 12th, in passing Ordinance No..G-501, be rescinded as.they
feel that the safety measures they are taking will properly protect
the citizens of Delray Beach as w~ll as Railway Company property.
Mayor Dietz said that Chief Engineer, Mr. J~ M. Wolfe, had given
approximately the same information and that the cars still went through
Delray Beach at an excessive rate of speed, further, that people had
been educated to cross the railroad crossings when the gates were up
and that they are entitled to be protected at least at the crossings.
Mr. Vlasin said that they do not have any objections to the 25 mile
per hour speed at the crossings and if the Ordinance could be emended
to apply just to the crossings, they would be satisfied.
Mayor Dietz said that there would be no action on this item this
evening but assured Mr. Vlasin that the Ordinance would be amended
where it will apply to such crossings where there are gates that the
hy-rail cars do not operate. There was lengthy discussion concerning
the length of time it would take to stop a.vehiole traveling at a
certain speed. Mayor Dietz asked 'that the City Attorney prepare an
amendment tO said Ordinance and that the item be placed on the agenda
of the next Council meeting.
7.a. Concerning~ a request for reimbursement of expense caused by sew-
er line installation, City Clerk Worthing read the following letter
-11- 9/9/63
from Ruth A. Collins of 240 N. Eo 9th Street, dated August 28th0 and
the accompanying bill from Robert R. Glass~
"During my absence fro~Delray - June 24th to August 8th -
something very serious happened to my property. The sewer
people ruined my front lawn.
Herewith is-receipt for lawn repairs. I feel sure the City
will compensate me, at least in part. I was ashamed to bring
guests home with me.
Please present this to the proper authorities together with
the request that my shell rock parking area be restored."
Receipt for lawn repairs~
"Received from Mrs. Ruth A. Collins ~210.00 for sodding front
and side lawns at 240 N. E. 9th Street, Delray Beach, Florida."
/s/ Robert R. Glass
Mayor Dietz asked City Engineer Fleming what the City records show
the condition of that property to be prior to the sewer installation
there, as the City has taken steps, in every street where the sewer
has been installed, to recognize what had been in the right-of-way,
etc.
City Manager Holland said that he was sure Barbarossa & Sons had
that information.
Mayor Dietz again asked Mr. Fleming what his records showed about
the condition at this particular location. Mr. Fleming said that let-
ter had not been given to him as yet, and that he had no records that
would show the condition at that particular house.
Mayor Dietz quoted as follows from a press release of June 28, 1963
from Mr% Fleming~ "An advance survey will be made by the engineers
and city representatives on each street prior to construction and all
~ases of tree locations and so forth will be considered individually~"
Mayor Dietz continued.: "Do you mean to say here that this City of
Delray Beach has-no record now on any of these areas and we are going
to be subject to what a contractor would say? Do I understand that
correctly?"
Mr. Fleming said that the contractor is responsible directly to
the individual for replacing the material, and that the contractor
has taken pictures of any area that was in question, to present proof
to the City, that it is the contractor's responsibility to present the
proof.
The City Clerk suggested that this matter be deferred until the
next council meeting,.at which time photographs which are in existence
may'be presehted to Council for their review ....
Mr. Steinhilper reported to the..Counc~l that the completion date
of Lift Station 17 at MacParlane Drive and Xn~raham Avenue W°uld be
on or before the 15th of October,..:a~so that the piping going into the
lift station ~ou-ld be completed~.by that date.
Concerning Lift Station No.'18, o~ A~rews Avenue between Thomas
and.Lowry Streets, Mr. Steinhilper fur~er ~eported that the first
stage of the well points were in.and that.they are in the process of
putting in the second stage, which would de-water the area. That at
this date, they do not-have a completion date due to the fact that
there are three .contractors invo'lved, but the work schedule on this
will be given 'to the Council prior to the next regular Council meeting.
It was again stated that there would.be nowork on construction of
the line on Atlantic Avenue East of the Intracoastal Waterway until
after the Council had approved said work schedule, .and Mr. Steinhilper
estimated that said construction could be ma~e in a thirty day period
of time.
Mayor Dietz asked that this request for reimbursement of expense
caused by.sewer line .installation be placed on the agenda of the next
regular Council meeting. -12- 9/9/63
355
7.b. The City Clerk informed the Council that fourteen employers and
fifty-five employees, located in the general area ofEas~ Atlantic.
Avenue and .Sixth Avenue, request the City to provide parking facilities
in said are~, inasmuch as employers, employees and customers are un-
able to find adequate parking within the area specified, f~rther, that
the signer~ of the petition request: "It is our Understanding that
Council has before it a proposal to exchange City property for pro-
perty located in this block which would solve the problem. 'It is
respectfully submitted that the exchange be made." Mr. Worthing fur-
ther stated that the offer of exchange of property referred to in the
petition{ being property owned by Mrs. Pauline King in BloCk 117,
which has ~reviously been sUbmitted to Council, did in itself expire
on August ~Sth, however, that the followlng letter had been received
today from H. V. Dally, Inc., signed by Robert Kinkead:
"I have received permission from Mrs. Pauline M. King as her
Agent to extend the termination date on the Exchange Agreement
between herself and the City of Delray Beach from August 15,
1963 to October 1, 1963 modifying paragraph 10 of contract
dated July 31, 1963."
Mr. Woodard reminded the Council that on May 27, 1963, they had
appointed a committee consisting of James Sinks, LeRoy Merritt, Kenneth
Ellingsworth, James Love, City Manager Holland, Police Chief Croft,
Fire Chief Gregory and himself to study the city's overall traffic
and parking problems, and that said committee had been quite active in
their study, and have three possible real estate transactions, all of
which hinge on two city o~ned properties, being the properties at S. E.
10th Street. Mr. Woodard brought the CoUncil up to date on corres-
pondence to and~from the Florida Coastal Theatres, Inc. concerning
their property in Block 117, and the possibility of a theater,
Mr. Woodard said that he felt that something should be resolved in
the near future and the mechanics that he had in mind for ultimately
resolving the various offers to'the 0ity of Delray Beach would be that
the Committee would again meet and consider the various offers and
make a recommendation to the Council, and that when this is referred
to the Council that he would also like it referred to the Planning/
Zoning Board for their ideas, concurrence and recommendation.
Mr. Bob Fellows said that he was very glad to get the information
that Mr. Woodard ha~ just presented. Mr. Fellows, representing the
signexs of the petition regarding parking, called attention to a
portion of the Zoning Ordinance about parking and loading requirements
for buildings if they were built at the present time in another loca-
tion.
City Clerk Worthing read excerpts from the Survey o~ the Comprehen-
sive City Plan prepared in 1961 by Mx. George Simons, that had been
requested by Mr. Fellows, concerning traffic and parking.
Mr. Fellows reviewed five newspaper articles from the Miami Herald
concerning a report prepared by Mr~ Simons, and other articles con-
cerning traffic an~ parking, and said that it is felt land swapping
is the only way to achieve the needed parking area since the City is
on record against leasing, further, that property the City owns, which
in reality is owned by the citizens of Delray Beach, should be uti-
lized by the citizens of Delray ~each and if a land exchange can be
made so that the land received in exchange can be utilized by the
citizens for off-street parking that it would be a proper use for the
citizens~ property, also, that it is presumed that if the land was
exchanged, the person involved in the exchange of land would be in-
tending to immediately utilize that city land they had obtained to the
further development of Delray Beach, thus increasing employment and
tax revenue. During his lengthy comments, Mr. Fellows also stated
that only two property owners in the subject area had property of
suitable size for a parking lot, that being the Florida Coastal Theatre
and the King properties, and commented on the assessed valuation of
these properties and the valuation of the city. property that had been
suggested for exchange, fUrther, that it was his opinion that both
-13- 9-9-63
suggested properties in Block 117 were needed for parking at the pre-
~ent.time~ t~at It was es~imated the two properties would provide 176
parking spaces, and that the need for off-street perking would become
greater ~
Mr. Fellows concluded his lengthy comments as follows: "All that
we are asking is that Council, in order to obtain the proper advice
on exchange, recognize th£s immediate need and opportunity and pass
a motion ~o the effect that the Committee report at the next regular
Council meeting, acceptance or rejection of this exchange of property
and the reason therefor. If it is favorable and Council accepts that
recommendation then Council can have a new needed parking area for
our winter visitors in.operation this season. If it is denied~ then
we would like to have on record something concrete that our problem,
the business district~s problem, Delrayts problem, will be solved be-
fore the season gets in full swing."
Following lengthy comments by Mr. Avery and Mr. Woodard in which
they both expressed the fact that they felt off-street parking was
needed, Mr. Avery moved that when the committee on Traffic & Parking
make their report and recommendations to the Council con.Cerning ex-
change of land ,they will present specific data so that the Council can
take positive action at the next meeting, the motion being seconded by
Mr. Woodard. The wording of the motion was questioned and Mr. Woodard
asked Mr. Avery if they were in agreement that the Traffic and Parking
Committee would make a report to be submitted to the Council at itu
next meeting regarding specific recommendations on exchange of City
~operty for the purpose of providing parking. Mr. Avery said yes,
and added "with conference with the City Attorney so that we have all
the data to take positive action at the next m'eeting".
Mayor .Di~tz said he thought the motion that was in order was to
have the Committee report back to the Council0 and after said report
then the Council could go to the next step, and further asked if such
a motion w0uld be made, Mr. Woodard so moving. The motion was seconded
by Mr. Talbot and carried unanimously.
8.a. City clerk Worthi~g presented RESOLUTION NO. 1460.
A RESOLUTION MAKING APPROPRIATION OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES ~OF THE CITY OF DELRAY BEACH, FLORIDA,
FOR THE PERIOD PROM THE 1ST DAY OF OCTOBER~ 1963 TO THE 30TH
DAY OF SEPTE~4BER, ~g64~ TO PRESCRIBe. THE TERMS, CONDITIONS
AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATION
AND THEIR PAYMENT~ AND TO REPEAL ALL RESOLUTIONS WHOLLY IN
CONFLICT WITH THIS RESOLUTION, AND ALL RESOLUTIONS ZNC0N-
SISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCON-
SISTENCY~ AND TO LEVY A TAX ON ALL PROPERTIES WITHIN THE
CITY OF DELRAY BEACH FOR MAINTENANCE AND OPERATZON~ AND
TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST
ON BONDED INDEBTEDNESS AGAINST THE PROPERTY LOCATED IN THE
FORMER CITY OF DELRAY, AND TO ALLOCATE AND APPROPRIATE
SAID COLLECTIONS THEREUNDER.
(Copy of Resolution No. 1460 is attached to and made a pa=t of
the official copy of these minutes.) (See Page 360-~, 360-~, 360-~
& 3~0-D)
The City Clerk read letters from Mr. Cecil S. Far,ar and from the
Delray Beach Chamber of Commerce commending the Co~tci! for their
successful effort in holding the tax millage of 13.5 for the 1963-64
Budget.
The City Clerk then.read the following letter from the Animal Rescue
League of the Palm Beaches, Inc., dated September 4th:
"Our Assistant Treasurer, Mrs. Slogum, has Just told me that
each ..month you send a'CheCk in the amount of $100.00 as a
contribution towards our work, and we greatly appreciate your
help. We hope that when you are preparing your nekt budget
you will continue to include us for our work increases each
year with the growth of the communities in Palm Beach County."
-14- 9-9-63
857
Mrs; H. RuthPompey, a member of the West Side Recreation Advisory
Board, addresse~ the CoUncil 'a~d informed them that said'Board feels
the budget~of $10,000.00~ is inadequate to open a new centeX'and to
operate it for the year of 1963-64, and would like for the Council to
reconsider and appropriate enough funds in order ~hat they may operate
the center.
Mr. Avery asked what they considered sufficient funds and Mrs.
Pompey said that in studying recreation administration budgets they
had found in cities similar to'Delray Beach' that-it would take ap-
proxi~atelY~'$26,000.00.
There was' discussion concerning a memorandum from the City Manager
to the City Council concerning'items the Recreation Advisory Board
recommended beincluded in the budget for the new West Side Community
Center.
Mayor Dietz said that the shuffleboard ~ourts and the basketball
courts would be capital improvements and they couldbe purchased when
authorized from the new Cigarette Tax Capital Improvement Fund, further.
that other items needed that had not been Provided 'for could be pur-
chased with money provided from the Contingency Fund'or Beach Disaster
Fund.
Mr. Spencer Pompey questioned as to whether there was money in the
proposed budget for Teen Town Center as well as the new West Side
Recreation Center, and Mayor Dietz informed~him that Teen Town Center
would be continued as it had. been in the past with the exception of a
lady employee that'wouldbe discontinued, further~ that' an employee
who had shared his time between the Te~en To~n Center and West. Side
Pool would be at the Teen Town Center on a full time basis, also that
the Teen Town'~enter was budgeted separateiy fr~ the'new West Side
RecreatiOn,Center~
Mr. Avery asked that the C~ty Clerk read a ~etter from the Palm
Beach County Freight Traffic Bureau, dated August 30th, concerning the
City of Delray Beach not:~ncludi~g the '$1,000.00 donation to said
Bureau ~n th~ ~963-64 BUdget, further, that they.hope the Council will
reconsider its decision and reinstate the Traffic Bureau $1,000.00
propriat£o~-in' the budget, in recognit~on of the fact that Traffic
Bureau activities return to the City, its residents, and business
people, far more direct and indirect benefits than the financial sup-
port it requests.
Mayor Dietz Said that he felt this was a Chamber of Commerce func-
tion and City c~erk Worthing said that he did not believe that any
part of the two thousand dollars mentioned ~n the letter was return-
able to ~he City of Delray Beach as the Ci:ty has not made any of the
~haees referred to, further, that any pipe purchased for the Water
Departmen~ iS 'purchaSed at the 1owe-st possible rate and benefited by
the freight ra~es obtained by the 'Palm Beach County Freight Traffic
Bureau.
Mr. Averymoved to reinstate the $~,000.00 cost for membership in
the Palm Beach County Freight Traffic:Bureau and lower the Contingency
fund $I~000.00 ac~ordingI~. Mr. WOOdard said that as a merchant he
would second the motion. Upon call of roll~ Mr. Avery, Mr. Barrow and
Mr. Woodard voted ~n favor of the motion and Mayor Dietz and Mr. Talbot
were opposed.
It was mentioned that the $200.00 estimated sales tax cost covering
city receipts at the swimming pools and tennis courts would come ou~-
of the ~nappropriated Surplus and be added to Function 710, Recreation
Administration, increasing that amount to $1,800.00.
Concerning the 'Water Department, it was mentioned that there were
.two temporary employees, and City Manager Holland assured the Council
that after the sewer work is completed that these temporary employees
will not be needed and they will be dismissed.
-15- 9-9-63
359
M~yor .Dietz said that in the budget there are a certain number of
people employed by the City of Delray Beach and that he would like
a motion that the City Manager is not authorized to increase the total
number of employees-over what-it now is without Council approval, it
being so moved by Mr. Woodard. The motion was seconded by Mr. Avery
and carried unanimously.
Mayor Dietz said that he would also like a.motion that the City
Manager does not engage in any expenditures unless he first has the
money so that he doesn't do the work that is wanted and then find that
there is no money for it and money would have to be appropriated. In
other words, that the motion read that the activities of the Adminis-
trative Department of the City be controlled by the funds available,
it being.so moved by Mr. TaLbot with the addition "and o~ly wit~approw
of the City Council". The motion was seconded byMr. Barrow and car-
ried unanimously.
Mayor Dietz .~ked for a motion that the City.Manager not transfer
any funds from one department.to ~nother without getting the authority
therefor from the Council, it being so moved byMr. Woodard. The
motion was seconded byMr. Talbot and carried unanimously. The Council
was informed that that~is the present practice.
C~ty Manaqer Holland informed theCopncil that the Palm Beach
County Sheriff's Department had discontinued their guards at the
Junior High School and at Seacrest High School as N. E. 2nd Avenue
at these'~locations.~s now~ithin the City limits of Delray Beach.
Police Chief Croft informed the Council that for the past two ~years
the Sheriff,s. Department had furnished the traffic guards at these two
schools, but are not doing so at this time. That he and City Manager
Holland had discussed this and had placed guards there, but ~hat if
the City is t~ maintain these school guards, it is not set up in the
1963-64 Budget~
There was discussion.concerning contacti~g the Palm Beach County
Board of Public Instruction requesting that inasmuch as the City of
Delray Beach is furnishing the school with water and police protection
and with other municipal facilities, and th~ since t~City is to the
North, SoUth, East and West of the school property tha~ they consider
being annexed to the.City, of Delray Beach.
There was lengthy discussion concerning this item and the Council
asked what amount of money was involved to.furnish said school guards.
Chief Croft said that the amount of $3,525.00 included ~twoguards
for the above ~mentioned locations and'for one for West Atlantic Avenue,
also their uniforms and rain wear. Mr. Avery then moved that the three
school gUards be provided, tha~'the"sum of $3,525.~001be placed in the
Police Pund and the Contingency Fund be reduced accord!ngly. The
motion was seconded ~byMr. Talbot and carried unanimous!¥.
Mr. Woodard then moved that the City Administration write to the
Board of Public Instruction setting forth the fact that the City is
providing these services, inasmuch as the County Sheriff's Department
will not, setting forth the existing city limits of the City of Delray
Beach, showing it to be North, South, East and West of said.school
property, and the fact that the city now provides them with water, etc.
and ask if under the circumstances they would not consider bringing
this property into the corporate limits of Del=ay Beach voluntarily.
Mr. Talbot said that he would second the motion for the point of dis-
c~ssion.
There was discussion about~ the cost of furnishing complete fire and
pol. ice protection and other city facilities to the school area.
Chief Croft said that he ~elt theschool cr0ss:ing protection in
that area was a joint responsibil, ity between the city and county at
~present andthat h~ would still like to attempt to nego~iate some
agmeement with the Sheriff!s Officewherein they would take o~er the
payment of at least one of the guards. Mayor Dietz said that if any
money came from that source it would go back into the Contingency Fund.
-16- 9-9-63
359
There was discuseion concerning~the feeling-of Boca Raton and
Boynton Beach residents toward Detray Beach-when..~the q~estion of
annexing the school property, was discussed .several years ago. It
was brought out that there would be nothin'g accompli'shed by, annexing
said lands and there would be.many problems if it was a.nnexed~
Mr. Ralph ~utsen, 10 Se&crest Lane, informed the'council that-he
is a resident in the area immediately contiguous to the school property,
also a City of Delray Beach taxpayer, and it was his feeling that the
City of Delray Beach~would not be wise to consider the annexation of
the school property until Boca Raton and Boynton Beach had schools of
their oval, further, that it would require a considerable amount of
money to service that area.
upon call of roll on the motion concerning annexation of.the school
property, Mayor Dietz and Mr. Wood&rd voted in favor of the motion and
Mr. Avery, Mr. Barrow and Mr. Talbot were opposed. The motion did not
carry.
Mr. Talbot said that he is actually in favor of annexing said pro-
perty but not at this time.
Mr. Wood&rd moved to accept the Budget for 1963-64 as it is now
se~ up. The motion was seconded by Mr. Barrow and carried unanimously.
8.b. The City Clerk read ORDINANCE NO~ G-502.
AN ORDINANCE OF-THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN LAND LOCATED
IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAI= LA~$ PROVIDING FOR THE RIGHTS: AND OBLIGATIONS OF
SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF.
(Fountain House-North)
(Copy of Ordinance No. G-502 is attached to and made a part of
the official copy of these minutes.) (See Page 360-E & 360-F)
There being no objection to Ordinance No. G-502, said Ordinance
was unanimouslypassed-and adopted on second and final reading on
motion of Mr. Woodard and seconded by Mr. Talbot.
9.a. It was reported that the Planning Board membership term of Mr.
Richard T. Hanna expires on September 28th, 1963, and the following
communication had been received from said Board.
"The Planning Board wishes to recommend to Council, the re-
appointment of Richard T. Hanna _to the Planning Board, for
a period of five years, commencing on September 28th, 1963
and expiring on September 28th, 1968. Mr. Hanna's present
term expires on September 28th, 1963."
Mr. Hanna was unanimously reappointed-for a five year period as a
member of the Planning Board, as recommended, on motion by Mr. Avery
and seconded by Mr. Barrow.
9'. b.c. & d. Three Planning Board Reports, dated September 5th, 1963,
on Lots 23, 24 and 25, McGinley a Gosman S/D~ The South 50 feet of Lot
5, Block 60: and Lots 1 thru 13, (Sinks Plat) in Section 21-46-43, sub-
mitted to the Council were deferred for further review and consideration
at the next regular Council meeting on motion by Mr. Avery and seconded
by Mr. Barrow, with further request that the presence of a Planning
Board member be arranged.
10. Mr. Woodard said that he was in favor of the Council going en re-
cord as being ready and willing to call a special meeting at any time
anything comes up in regard to sewer matters that would help facilitate
things, also to be tied into such motion that not only any major work
-17- 9-9-63
3.60
scheduling but any major changes in contract specifications could be
concurred in, both by the City Administration and the City Council,
and that ~he Council would stand ready to meet at the City Manager's
request in re.gard to this sewer program.
Mayor Dietz informed the Council that if the City Manager .would get
in touch with him t_hat-he would immediately call a special meeting on
any matter of this type.
Mr. Woodard said that if the intent of his .suggestions were under-
stood by the city Manager and the City Clerk that he would so move.
The motion was seconded by Mr. TaLbot and carried unanimously..
10. City Manager Holland informed the Council that he had been con-
tacted by the Community Relations' Committee concerning a meeting they
desired with the Council. That said meeting, had been delayed several
weeks in order that all Councilmen could be present.
Mayor Dietz .directed the City Clerk' to. call a Special CoCci1
Meeting for 8~00 P.M. Monday, September 16th, 1963 in the Council ,
Chambers' to allow the Community Relations Committee to meet with the
Council, and for such other business as may come before the Council.
10.a. The City Clerk presented bills for approval as follows:
General Fund $ 39,713.31
Water Fund - Operating Fund 3,561.10
Cemetery Perpetual Care Ph/nd 5,342.73
Special Trust Account - Delray Beach National Bank 46,933.49
The bills were unanimously ordered paid on motion by Mr. Woodard
and seconded by Mr. Barrow.
The meeting adjourned at 11:40 P.M., by order of the Mayor.
R. D. WORTHING.
City Clerk
APPROVED:
MAYOR
-18- 9-9-63
RESOLUTION NO. 1~.
A RESOLUTION I~I~KI~ APPROPRIATION OF SUMS OF PDNEY FOR
ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACh,
FLORIDA, FOR THE PItieD FROM. THE 1ST DAY OF OCTOBEr, 1963
TO THE 30TH DAY OF SEPT~R, 196&; TO PRESG~IBE TFE
CONDITIONS A~ PROVISIONS I,'...'ITH RESPECT TO T~E ITEMS OF AP-
PROPRIATION AND THEIR PAYmeNT; A~ TO P~PEAL ALL RESOLUTIONS
~OLLY I~! Ce'M. ICT %'~ITH THIS RESOLUTION, A~D ALL RESOLUTIONS
I~TCONSISTENT %~TH THIS RESOLUTION TO THE EXTENT OF SUCH IN-
CC~SISTENCY; A~fD TO LEVY A TAX ON ALL PROPERTIES WITHIU THE
CITY OF DELRAY BEACh! YCR KAI~/~NANCE A~U] OPERATICN, A~) TO
LEVY A TAX FOR THE PAYhl~NT OF PRINCIPAL AND INTEREST ON
BONDED I!'~)EBTEDNESS AGAI,~T THE PROP~RTY LOCATED IN T~
FO~kER CITY OF DELBAY, A~D TO ALLOCATE ASD APPROPRIAFE SAID
COLLECTIONS THEREUNDER.
BE IT RESOLVED by the C~n¢il of the City of Delray Beach,
Florida: That the following sums of money be, and hereby are ap-
propriated up~ the terms, conditions and provisions herein Me fore
and hereinafter set forth:
Estimated Expenditures.. Tot_al
111 City Council
121 City Manager
131 City Court 2,900
l&l Ragistrati~
l&2 Elections 610
151 Accounting and Internal Control 30,2~4
1~2 External Audit ~,600
153 Assessm~ts and Lic~ses 3~,231
154 Purchase & Custody of Supplies 5,713
155 Treasury $, 615
161 Counsel & Leg~ 9,565
171 Planning & Zoning 832
173 Community Promotion 21, &8~
175 City )4embershi. ps & Organizations !,725
178 Civil Service 350
180 Board of Adjustment 100
210 Police 210,288
215 Jail 21, 750
220 Traffic Engineering 21,620
230 Fire ' 150,186
2&l Building & Structures 22,350
251 Animals 3,825
252 Civil Defense 200
310 Engine ering 18, 975
321 Streete, Alleys & Sidewalks 106,116
322 Street L/ghting 50,833
331 Sewe~ System 9,075
332 Street Cleaning 6,862
333 Garbage Collection 101,583
33& Trash Collection &3,32&
335 Waste Disposal 12, &38
336 Mosquito Control 2,270
34D Central Garage
351 City Fall
600 Libraries &A, 800
~ENEPAL FUND Estimated expenditures continued. Total
Recreation Administration 1, 800
Playgrounds & Playfields 9,
East Side Pool & Beach ~7,911
Teen To~n Pool 15,131
Tmlnis Courts 12,6~5
Community Ce~t er 20,610
Teen Town Center 3,690
West Side Comnunity Center 10,581
Parks, Parkways & Street Trees 79,625
Beautifi catic~ 1,O00
Nursery 9,910
~ebt Service 67,697
Ceme t ery 17,
~I Insurance - 21,500
Taxes 27~ 890
858 Reserve for Cc~tingency
858 Reserve for Contingency - Equipment 25~000
876 Hospitalization& Life Insurence 5,300
880 Communication System 5,575
900 Transfers 158,120
Total General Fund $1,615,862
'100 General ProPerty Tax 802,620
175 Franchise Taxes 59,225
190 Utilities Consumption & Service TaXes 138,500
201 Licenee & Pen::its - Street Use 1,8CO
202 License & Permits - Business 78,200
203 License & Permits - Non-Business 20,975
300 Fines & Forfeitures 27,4CO
~00 Revenue From .Use of Money & Property 8,070
~75 Revenue Frm:~ Individuals & Other Agencies 227,775
501 Current Services - General Government 1, O75'
50~ Current Services - Public Safety 1,&OO
i~i503 Current Services - Highway 900
:~0& Current Services - Sanitation & Waste Disposal 79,000
~!!~05 L~rrent Services - Health & Safety 1,~00
i~.~ ~0ur,ent Services- ReCreation 5,525
~S~le & Recovery for Loss of Property 1,600
'1775 Contributions & Transfers from OtLcr Funds 18.330
Total Receipts $1,&73,~95
Unappropriated Surplus - Operating 1&8,~O5
Unappropriated Surplus - Debt (6.538)
Tot al R even ue $1,615,862
WAT~% ~ND
.~st~ m~t ed E~penditures: ~otal
A10 Administration ~ 27, 5~3
~0 Source of Supply 53,509
&30 . Treatment & Purification 20,822
4~O Transmission g, Distribution 225,562
&50 Accounting & Collection
8CO Debt Service 180,825
852 Insurance 6,250
853 Taxes 2~,750
855 Depre ciati on ' 95,000
858 Reserve for Contingency D~. 100~000
' Total ;.'later Fund D753,~91
B6o-c
UND
Total
&CO Revenue Fran Use of }~oney & Property
507 Sales & Charges for Current Services ~59,798
600 Sales & Recovery for Loss of Property 100
Total Receipts $509,098
Bond Funds 60,360
Unappropriated Surplus , !84.233 ,, '
Total Receipts $~5~,691
~ection_ 3~1- Ail the monies herein before appropriated are ap-
propriated upon the terms, conditions, and provisia~s herein be-
fore and hereinafter set forth.
~ection 3.2 - Subject to the q-~l~fications contained in this
resolution all appropriations made out of the Oaneral. Fund are de-
clared to be maximum, conditional, and proportionate appropriations,
the purpose being to make the .appropriations payable in full in the
amounts herein n~med if necessary and then only in the event the
aggregate revenues collected and other resources available.during
the period e~maucing the let day of October, 1963, end termi~mting
the 3Otb day of September, 196&, for ~lch the appropriations are
made, are sufficiant to pay all the appropriations in full; other-
wise the said appropriction$ shall be ~semed to be p~yable in such
proportion as the total s~m of realized revenus of the General Fund,
ia tO the total a~ount of revenues estimated by the City Council to
be available in the period ccamencing the 1st day of October, 1963,
and terminating the 3Otb day of September, 196~.
Section ~o3 - Ail balances of the appropriations payable out of the
General' Fund of the City Treasury unencumbered at the close of busi-
ness on the 3Otb day of September. 1963, except as otherwise pro-
vialed for, are hereby declared to be lapsed i~to the City Treasury
a~ may be used fc~ the payment of the appropriations which may be
made in anF appropriatic~ for the fiscal year c~ameneing the let da~
of October, 1~3. Provided, however, nothing in this Section shall
be construed to be applicable to unencumbered balances remaining to
the credit of the !~ater Fund or any i%Ands created by the settirg up
of special revenue, but such balances shall be used in financing the
proposed expenditures of these funds for the fiscal year commencing
the lsb day of October, 1963.
Se..ctign 3,~ - No department, bureau, sgency, or individual receiv-
ing ap~opriations under the provisions of this resolutic~ shall ex-
ceed the amount of its or his appropriation except with the cc~sent
and ~pproval of the City Council first obtained; end if sumh depart-
ment, bureau, agency or individual shall exceed the amount of its
or his appropriation without such consent and approval of the City
Council, the administrative officer or individual, in the discretion
of the City Council, may be deemed guilty of neglect of official
duty and may he subject to removal therefor.
Se~ction 3.5 - Nothing in this resolution shall be construed as
authorizing any reduction to be made in the amounts appropriated
in this resoltfeim for the payment of interest, on, or retir~ent
of, the debt of the City of De&ray Beach, Florida.
Section 3.6 - Nme of the monies enumerated in this resolution in
connection ~with the Ganeral Fund, Water Fund or any other Fund of
the City shall be expended for my purpose than those for ~hich
they are appropriated, and it shall be the duty of the Director of
36o-~
~lance to see that this section is complied with in all respects
a~ report to the City Manager and City Council any violations
~h~eof.
Section 3.? - Ail monies collected by any department, buremA,
~y or individual of the City Government shall be paid promp$1y
~tO the City Treasury.
Section 3.8 - The foregoing budget be and hereby is adopted as the
~l'Cial budget of the City of Delray Beach for the aforesaid period,
P$~ided, he,ever, that the restrictions with respect to the e~pendi~
t~s of the fumis appropriated shall apply only to the lump sum
~ts for classes of expenditures ~hich have been included in thio
$~lution.
Section ~ol - That there shall be and here~y is appropriated for
the Goner~si Fund operative of the City the revenue derived from the
tax of 12 mille per one ($1.00) dollar of assessed valuation, which
is hereby levied on aL1 taxable property ~ithin the City of Delray
Beach for the fiscal year commencing October 1, 1963 and teminating
September 30, 196~, the assessed valuation on all taxable property
for operating purposes within the City of Delr~v Beach being
$6t,718,160 f~ operating and/or maintenance expenses of the General
Fund, aud also in addition, all revenues derived by said City during
said fiscal year frcm~ all other sources than the tax levy for current
bond service, and that part of collecti~ of delinquent taxes levied
fc~ bond' service.
Section ~.2 - That the amount of mone~ necessary to be raised
interest charges and bond re,eruption which constitutes a general
obligatio~ bonded indebtedness of that portion of the City of Delray
Beach. which was formerly the City of Delray, is ~67,697 and that
there is hereby appropriated for the paym~t thereof, all revenues
derived ~rcn the tax levy ~f 1~ mille per one ($1.O0) dollar of as-
sessed valuation, which is here~y levied for that p~rpose for the
fiscal year commencing October 1, 1963 and terminating September 30,
196~ upon the taxable property in ~hat portion of the City of Delray
Beach, which wac fomerly the City of Delray, the assessed valuation
being $50,~48~180 an~d there is hereby appropriated, if necessary,
from the surplus sinking fund cash sufficient monies which, together
with proceeds of said tax levy for debt, will meet the debt require-
ments for the aforesaid fiscal year.
ARTICLE V
PASSED AND ADOPTED by the City ~Coum~il of the City of Delre~ Beach,
Florida, this__ day of September, A.D.~, 1963.
~A~O~
ATTEST:
City Clerk
36O-E
ORDINANCE NO. G~502.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
~ERTAIN LAND LOCATED IN SECTION 2'8, TOWNSHIP
AS SOUTH, RANGE 43 EAST, WHICH LAND XS. CON-
~IGuoUS TO EXISTING MUNICIPAL LIMITS OF SAID
~TY~ REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LAND ~ PROVIDING FOR THE
~IGHTS AND OBLIGATIONS OF SAID LAND~ AND
~ROVIDING FOR THE ZONINg THEREOF.
~REAS, it is deemed for the best interest, safety,
health, ~nd general welfare of the citizens of the Ci~¥~ Delray
Beach, P%grida, and the owners of the hereinafter des~d real
prope~ that said land be annexed to the City of DelEa~ Beach,
and .....
~W~EREAS, said land is contiguous to the pres~t bounda-
%ies o~ ~rritorial limits of the City, and the owners o~ record
of s~.. ~and hereinafter deecribed have consented an~ ~ven per-
miss~6~ ~°r the annexation of said land. and
WHEREAS, the C~ty of Delray Beach has heretofore been
authorized to annex lands in accordance w~th Section 185.1 of
the City Charter of said City' granted to it by the State of
Florida ~
NOW; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH,' FLORIDA, AS FOLLOWS:
,SECTION 1. That the City Council Of the City of Delray
Beach, Palm,Beach County, ~Florida, hereby'annexes to said City
the following deecribed parcel ~of' land located in Palm Beach
County, Florida, which lies aont~juous to sald.'City, to-wit:
That tract of land in Section 28, Township
46 South, Range' 43 East, Palm Beach County,
Florida, described as follows:
All of that part of the south 100 feet of
the North 1070 feet of Government Lot 1,
(also described as the North 100 feet of
the south' 1800 feet of said Government Lot 1),
Section 28, Township 46 'South, Range 43 East,
lying East of the Easterly Right-of-way line
of State Road A1A.
S~CTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein
t~e above desc~ibed parcel of land, and said lan'd i.~ hereby
declared to be .within the corporate 1/m/ts of the City of Delray
Beach, Florida.
S~CTION 3~ That the tract of land hereinabove described
is hereby decla~:e.~ to be in Zoning District R-3.. as d?.fine~ by
exist~..ng ordina~ce~ 05 ~he City of' Delray ~2each: Florida.
360-F
Page 2. - Ordinance No. G-502.
~ECTION 4. That the landhereinabove described shall
irm~ediatelybecome subject to all of the franchises, privileges,
immunities, debts (except the existing .bonded indebtedness),
obligations,, liabilities, ordinances and laws to wh~Uh lands in
the City of Delray Beach are now or~ may be, and peNsona residing
thereon shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if 'any word, phrase, clause, sentence
or part of this Ordinance shall be declared illegal by a court
of competent Jurisdiction, such record of illegality shall in
no way affect the remaining portion.
PASSED in regular session on the second and final reading
on this the 9~h day of Sspt®mbe~ 1963.
MAY.OR
ATTEST:
/si ~O~m~ ~. W0~T~I~ ..
City Clerk
First Reading A~st 26a 1963
Second Reading .~ePtember..9,,1963 -