10-14-63 ~37
OCTOBER 14, 1963.
A regular meeting of the city Council of Delray Beach was held
in the Council Chambers at 8~00 P.M~, with Mayor Walter Dietz in the
Chair, Acting City Manager Robert D. Worthing, City Attorney John
Ross Adams, and Councilmen A1 C. Avery, Emory J. Barrow, ~eorge Talbot,
Jr., and 0!iver w. Woodard, Jr. being present.
1. An opening prayer was delivered by Mr. William R. Ashby.
2. Concerning the minutes of the special meeting of October 4, 1963,
Mayor Dietz suggested that in the last line of paragraph two on page
three the word cause should be cost, further, that in the minutes of
the special meeting 'held on September 28th, 1963, the word "not"
should be added to the third line from the bottom of paragraph four
of page eight, which line should read "could not furnish ~hree-phase
power, the designwould still have been for".
Mr. Woodard moved that the minutes of September 23rd regular
meeting be approved and the minutes of the special meetings of Septem-
ber 28th and October 4th be approved as corrected. The motion was
seconded by Mr. Barrow and carried unanimously.
2.a. Mayor Dietz said at a recent meeting Police Chief Croft was
asked to study a certain ordinance to see if it could be made com-
patible for the community, and asked Chief Croft for a report con~
cerning same.
Chief Croft reported as follows= "I have been over this ordi-
nance numerous times, have studied it at' great length and I am sorry
to report that I have been unable to =ome up with anything that I
think would be acceptable toaI1 persons involved. About the only
thing I can say to. you is if YOu gentlemen'See fit to repeal the
ordinance, if something should come up later that was causing trouble
to the people involved, possibly working through the Inter-Racial
Committee and the legal minds of the City, something might be added
later on, but if it is not neede~there would be no sense ~n going
into it."
Mayor Dietz said in this case a motion would be in order con-
cerning the repeal of Section 17-34 of the Code of Ordinances.
Mr. Barrow said that after hearing the report of the Chief of.
Police concerning saidordinance, ' it cannot, in his opinio.~ be
drawn to meet all the requirement= of the people, and'~oved the City
Attorney be instructed to draw an ordinance removing Ordinance 17-34
from the books. The motion was seconded by Mr. Avery and'carried
unanimously.
3. Mr. Arthur J. Michael, 503 N. B. 2nd Avenue, complained of a
condition that existed at the corner of N. E. 2nd Avenue and 4th
Street concerning a portion of the sidewalk and said same had not been
taken care of after it had been reported on several occasions to the
City Hall.
Mayor Dietz reported that N. E. 2nd Avenue would soon be paved
and it is his understanding that when a road is paved,any curb or
sidewalk having been damaged would be repaired.
3. Mr. Mark O'Neal of 49 N. W. 10th Avenue informed the Council that
he had applied for a taxicab license and Mayor Dietz said that item
is on the agenda and would be considered later in this meeting.
3. Mr. H. E. Sibley, 426 N. E. 8th Avenue, gave the Council a de-
tailed report about endeavoring to get in touch with the Florida
10/14/63
Power & Light Company on September 29th concerning the power being
off at his home from-approximately 2~00 P.M. until 4=22 P.M. and
said that his purpose in reporting this incident is that being
unable to getan authorized Florida power & Light Company employee
in time of difficulty might result in a serious condition, and it
seems to him the Florida Power a Light Companyshould keep someone
available that couXd be reached at any time, on anY day.
Mr. Charles Senior of the Florida Power & Light Company informed
the Council that this incident had been reported to him the following
Monday and that he has taken this matter up by telephone a~d letter
and believes it has been corrected as of October first.
Mayor Dietz asked in what respect it had been.corrected and could
a person call a certain number and get an answer from the Florfda
Power a Light Company, as it was discouraging to call for two hours
and not get an answer.
Mr. Senior said that ~d=ing.hurricane Flora' ~hWr~ had been many
trouble calls that were handled satisfactorily, and he believed the
difficulty on the 29th of September resulted from a large area being
without service and when there are many calls,all of them are not
answered by an individual but by a recording, further, on the 29th
of September, two trees and some limbs had fallen· on the line, a
transformer lead had been burned off and two insulators were damaged,
all of which took a considerable length of time to take care of.
Mr. Senior further stated that when there is trouble of that kind and
a number of areas are without power, they open the switchboard at the
office and call in employees to take care of the extra calXs and that
he believes the problem has been satisfactorily taken care of.
3. Miss Dorothea Galvin, 38 North Ocean Boulevard, reported that
last week there were 900 telephones out of. service East of the Intra-
coastal Waterway on account of a cable t~at was damaged and in her
discussion of same with. Hr. Hanson, the local manager of the Southern
Bell Telephone Company, was informed that there w~s no local mobile
telephon~ service available in Delray Beach, and the telephone in his
automobile had been removed. Miss Galvin further-reported that during
the time the service was out, it was necessary to make telephone calls
and send telegrams on account of a death in that area, and feels the
Council should request that the Telephone Company place one or two
mobile telephones in Delray Beach for emergency use.
Mr. Avery.said that was a good suggestion and moved that the
Council direct such a letter be written to the Telephone Company.
The motion was seconded by Mr. Woodard and carried unanimously.
3. Mr. Hugh Vogl of 878 Lake Shore Drive reported '%o the Council
that lightning had struck his home at 4=18 A.M. a few weeks ago and
that he did not find an emergency number listed for Florida Power &
Light Company, that after calling west Palm Beach without any satis-
faction,he asked assistance of a telephone operator who called a Boca
Raton number&nd it was not very long until a repair truck arrived
and made necessary repairs. Mr. Vogl said he feels Delray Beach re-
sidents should be advised of an emergency number that could be called
or that some manner of taking care of emergency calls at any time
should be established, to which Mr. Senior said he was trying to get
that worked out~
3. Mr. Frank F. Ellis, 553 Jaeger Drive, Tropic Palms Subdivision,
informed the Council they had been having considerable trouble in
that area with water service. That a neighbor had built a home in
June of this year and t~ the present time had not been furnished with
water, further, that said neighbor had received water from Mr. Ellis
for the past four mo~ths from a temporary pipe run across.Mr. Ellis'.
yard to the neighbor~s~home. Mt. Ellis repo~ted that he had received
~39
a bill from tls Delray Beach Utilities,who handle the billing for the
water com~ny, for a meter deposit of $25.00. Mr. Ellis said they had
been li~ing in ~heir home fo~"almost a Year and understand from' the
City Administration that' th~ C~ty ts going to take over the water system
in Tropic PaLms as of next year. Mr. Ellis asked if he should make
the $25.00 deposit to the Delray Beach Utility Company in PaLm Beach,
what would happen to the deposit money when the City takes over next
year ?
'Actin:g City Manager Worthing reported that he knew of no intent
at the present time of the City taking over the 'water works of Tropic
Palms. The 'entire water operation there is i~ a bad state of affairs
and suggested this item be referred to the City Manager and City
Attorney for a report at the next Council meeting.
Mr. Woodard reported that the City had made a wholesale water
agreement with the developer of that subdivision&
Mr. Ellis informed the Council that City Manager Holland was the
person who had informed him things would be straightened out next
year when t~e City took over that water set-up.
Acting City Manager Worthing again stated that the entire water
situation there was not in the healthiest state of affairS, that it
is being worked upon now by owners and attorneys 'and suggested that
this item be referred to the City Manager and City Attorney for a
report at the next meeting, it being so moved by Mr. Woodard. The
motion was seconded by Mr. Avery and cerrie~ unanimously~
Mr. Ellis asked if" he should hold up on paying this deposit and
Mayor Dietz advised him to not pay same at this time, but to come
back at' the next meeting 'at which time a report wottld be made con-
cerning same.
4. Mr. Barrow read the following Beaut'i~ica"~tion Committee Meeting
Minutes of Thursday, October 3rd:
"Members present were: Ken E11ingsworth,' Clarence Galinat,
Emory Barrow, wade Cartee, Bud Merritt, PhylliS' CareY, Gladys
Little, Marjorie Evaul and Peg Bowen.
A letter was read from the City Manager concern/ng negro'
members on civic committees.
Mr. Galinat moved that we ask the City Manager to set aside
a special day, designated as-"City-Wide Clean-Up Day" for
the collection of all types of trash. Mrs. Little seconded
the motion. Motion carried. (Council action)
Next meeting is set for November 7th. Members have been asked
to bring in ideas'for future plans,
A motion was made by Mrs. Bowen, seconded by Mr. Galinat that
we participate in the "United States Day" celebration at the
Civic Center on October 23rd, by having a display. Motion
carried.
There being no further business, the meeting was adjourned."
Concerning the suggested ".City-Wide Clean-Up Day; Mr. Barrow
said that from his observation at the meeting,they would like an over-
.all clean-up program similar to what was done in the western sector
r~cently.
Mr. Talbot' said he ~as in favor of the suggestion, but wondered
if it would be better after .the first of December on account of sewer'
construction., as the streets, etc. would be put in order by that date.
Mr. Barrow sa~d he thought Mr..Talbot's suggestion a good one,
that th~ Beau~ification Committee's interest, was that Council take
's0~e actio~ and set up a date for the. clean-up and there be good
'""publi~ity 'in order to carry out this program,
~Mr. Avery said the..town may have to'he taken by sections-in such
a &lean=up program as there may not be'a sufficient number of trucks
available at one time for an entire program, and since the City
Manager was not present tonight to give his thinking on the matter,
that the setting of a date or dates should be delayed.
Mayor Dietz suggested referring this item to the City Manager
for his suggestion and report to the Council at the next meeting, it
being so moved by Mr. Avery. The motionwas seconded by Mr. Barrow
and carried unanimously.
4.a. A roll call showed the ~ollo~ing Civic Organizations and =epre-
sentatives to be in attendance:
Chamber of commerce Mr. Kenneth Ellingsworth
League of Women Voters Mrs. Charles Cross
Breezy Ridge Estates Mr. John Sword
Tropic Isle Civic Association Mr. John Halstead
Board of Realtors Mr. Andrew Gent
Business & Professional Women's
Club and Beach Taxpayers
League Miss Dorothea Galvin
Planning Board Col. Andrew L. Fabens
S. Acting City Manager W0rthing read the following letter from the
Resources Development Board of Palm Beach County to the Mayor and
Council, dated September 4, 1963~
"It is the privilege of your City Commission to appoint your
community representatives as Directors of the Resources
Development Board of Palm Beach County.
Through your Directors, your community, regardless of its
size, is entitled to equal representation and voting
privileges on the Board of Directors of this non-profit,
non-political organization.
For the past 20 years, the success of RDB in the development
of new industries, expanded agriculture, resort business and
higher education in Palm Beach County has depended upon the
high calibre of its Directors and contributions of time,
talents and funds of its membership.
The term of Harry Gerquest expires October 1, 1963, while
that of J. Leroy Croft continues to 1964 and Benjamin H.
Adams to 196S. Thus there is one three-year term subject
to the pleasure of your commission.
The support of your City Commission is sincerely appreciated
and we trust RDB will continue tO merit your cooperation
during the coming year."
Mayor Dietz asked that this item be placed on the next agenda
with a recommendation concerning an appointment.
5. The Acting City Manager read the following letter to Mayor Dietz
from Mr. Howell L. Watkins, County Superintendent of Public
st~t~n, dated October 2,
'Thank you for your letter of September25regardtng the need
for more vocational courses in the south end of the county.
As I have written to several people in the County, we have
requested a survey by the State. Department of Vocational
Education. They are~ at the present time, gathering infor-
mation. We expect to have a lay committee working w~th them
as the information comes in.
I will present your letter to the School Board at the next
meeting and let them know of your wishes.
I wou~d like to come down sometime at your convenience and
talk this matter over with you because there are tWO schools
of thought in regard to vocational education. One is a large
vocational school to meet the needs of.all the people who are
interested in vocational or technical courses. The other is,
that after a survey of the community to ascertain the needs,
that these be incorporated into the high school program of
that particular community.
I do not know what the results of our State survey will be,
but ! feel sure they will recommendadditional vocational
programs in the county."
Mayor Dietz reported this letter was in reply to a letter the
Council had asked to be written.
There was expression that the need was for a separate vocational
school rather than additions to existing high schools, and Mayor Dietz
said he would-make a report to the Council after Mr. Watkln~ visit.
5. Acting City Manager read the roi. lowing letter to Mayor Dietz
from Mr. Robert Fleming, 930 S. E. 5th Avenue, dated September 25th,
1963:
"On Sept. 12th I wrote you about a lot that will not have a
sewer connection. I know that we have a Mr. Fleming and a
Mr. Holland, we have told both of these parties, but without
results.
When the people who were installing the sewe= pipes I explained
that lots 8'& 9, Rio Del Rey, faced on 10th Street but they
put a connection on Lot %9. I asked them how they were going
to get over to the corner of S. E. 10th Street and S. E. 4th
Ave. or Lot %8.
They put the man hole in the alley in the center of Lot %9 and
put the connection there. This man hole should have.been put
at the end of the alley on 10th Street. And then run the sewer
pipe to Lot %8. You seem to be the.only person on or off the
Council that is interested in seeing that thesQ people give
the public what they are being paid for. And.its a blessing
for the City of Delray Beach that we have a waI~er Dietz to
watch the dollars spent.
Since I wrote you they have filled in the alley. Looks as
though they just were not going to do any thing about Lot %8.
If there is anything you can do about this situation ! sure
will appreciate it because sooner or later Lot %8 is going to
need a sewer connection. With kindest personal regards, I
remain."
Mayor Dietz said he .felt this was a ridiculous situation in
that every lot is entitled ~o o~e. connection free and in this instance
the City is asking this individual for an Easement over one lot to
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get the sewer onto another lot. The'Mayor sai~ he wondered
would happen in ~he'.futu~e, with the line plugged,when the neighbor's
lot.'had to be dug.~0 to get to the man~s own lot.
Mayor Dietz said these people have taken thisproblem to
Manager Holland and City Enginee~ Fleming, also to Russell & Axon,
and that he wou!d like to get some action on this matter. The Mayor
said he would also like concurrence from the council that each lot
in the City where the sewage system is being i~stalled is due one
connection. Mx. Wood&rd asked if the City Attorney knew o~f-hand
whether the contract .specifically infers that. City Attorney Adams
said he did not think that was specifically dealt with but every
improved lot has to connect to the sewer system, therefore, each lot
would have to be furnished with a connection.
Mx. Barrow asked what City Engineer Fleming's reaction was to
this request and Engineer Fleming said~here were various properties
in the City that had not been subdivided into sm&lief lots. There
has been some question on those,--in which cases it had been determined
that the number of buildings on t~e property would determine the
number of connections rather than the number of lo~.
Mx. Barrow ~.a~d that did'not answer his question, and for the
City Engineer to use, Mr. Robert Fleming~s request for an example, to
which the City~Engineer said he could not give an answer right now,
but wou~d have to study the request. Mayor Dietz said he w~uld like
for the City Engineer to study this request and report on.same at the
next meeting, it being so moved by Mr. Wood&rd, seconded b~Mr. Talbot
and UnanimouSlycarried.
5.a. Mx~ WoOd&rd referred to the'following letter to .the Council, from
Russell & Axon, dated October 8th, 1963, and said that he does not
quite understand what this cost is for, as it was h~s understanding
that thiS~area was included in the original program.
"Subject: Additional Sanitary Sewers
Sewage Works Project No. 5~64~8a
Delray Beach, Florida
Attention= Mr. Robert Holland, City Manager
In accordanc~'~th instructions, the following prices ~re for-
wa~ded in the event you desire to install sanitary sewer service,
7th Avenue, one block north and sou~h of Atlantic Avenue.
V.~Pipe 8" w/factory joint 1250 L.F. 1.86 2,325.00
V.C. Pipe 6" w/factory joint
(Service Connections) 300 L.F. 2.14 535.00
W.~. wyes 8"x6~! w/factory
joint 10 EA. 6.46 64.~0
Manholes 4~ I.D. 6 EA. 195.49 !,172,94
Pavement Replacement ?80 S.Y. 2~2~ 1~755.00
~OTAL- $5~852.54
In the event that the City of Delray Beach approves ~he above
additional sewer construction, a change order will be prepared
as.~n addition to~,~he Contract."
- Mayor Dietz said he could not understand this and wo~ like it
explained.
.City Enginmer Fleming explaine~ as ~11ows: "There is an area
in there which contains severa~ houses that were not included to be
served on the original layo~, 'This was called to Russell..& Axon's
attention some time ago by t~e;~Ci~ w%th the request that they study
10/14/63
itand~.recommend a change order to include thcs9 houses to,be,sewered."
· MaYOr Dietz asked, if:-that was called to their attention when
they'were making up, the original designs or were they led to believe
this property already had a sewer.
· Cit~Bngineer Fleming said when RusSell & Axon made the original
designs,they had &.plan which showed all houses that were sewered,
and in his .estimation it was an, oversight which was to be corrected.
Mayor Dietz asked: ~"On the part of Russell & Axon?"
City Engineer Fleming. answered= "That wouldbe my judgment of
it now as those houses were not included~in the original,plans."
Mayor Dietz said, in his opinion, if RuSsell &Axon were given
information as to where the sewer existed and they were.t~ design
a sewer, they wouldhave designed it to cover these t~w.o blocks~and
if they didn't, that would be Russell &Axon's problem and.the City
should not get a change order on same.
The City Engineer replied that it required an' addit$onal amount
of sewers and if it had been in the original plans,the bids would
have been' higher to cover same. · .
Mayor Dietz said he would like .to have a communication from
Russell & Axon stating why they are asking for ~his now, that to ask
for something that is not logical is not good business. Mr. Wood&rd
asked if the Council should indicate in the suggested communication
from the Council to Russell & Axon that it appears to the council
that there was an omission in the original plans as drawn by them.
Mr. Wood&rd then moved that the City Administration correspond, with;
Russell a Axon on this matter r~ferred to in their letter o~ October
8th. The motion was seconded by Mr. Talbot and carried unanimously.
Mayor Dietzasked thatlthis item be placedon the agenda follow-
ing a reply from Russell & Axon. '
5.a. Mr. Wood&rd informed the Council that he had an item to discuss
concerning parking, but felt it would be better to discuss-same along
with item 6.e.
5.a. Mayor Dietz commented on his following report dated September
27th, 1963 concerning the new Community Center~
"To complete the building an4 grounds as per program agreed
upon, additional expenditures will have to be authorized. As
of this date.the Trust Fund still has a favorable~balance of
$3,400.00 according to, figures given me,by the Finance Director.
Mr. Holland has been authorized to furnish f~i'll for the picnic
area and play ground, this to come out.offunds.set.asid~ for
plantings. Bob told me last night that thisfill.will probably
be in the neighborhood of $500~00 due to a saving that he has
been able to bring about. This would leave, approx. $2,900.00
in the trust fund. . .. ~
To complete the outside part of. the building'program we need;
$ 340.00 for four concrete tables andbenches.
100.00 for two barbeque grills~., ,
1,109.65 for play.gr0und equipment. .
$1,549.65 Total still.needed.
With this authorization of $1,549.65 there will remain unspent
in the trust fund~apprOximately ..... $1,350.35. recover water
department charges, if any, grass seed .and labor installing
-7- 10/14/63
"play ground equipment. '
This then would complete the original assignment given me by
the Council.
what is needed in the building for a Starter.
$ 525.00 for 150 metal (strongest) chairs
240.00 for 10 tables (strongest metal) folding.
none for two long tables from present cente=.
250.00 for 23" T.V. set.
645.00 for Movie projector Bell & Howell
100.'00 for table and 6 chairs for study room.
150.00 for 3 lounge chairs for study room .....
100.00 for Misc. items.
-" $2,010..00 Total
It is Strongly Suggested that this is the minimum requirement
to start furnishing this bui~ding. The o~her items will have
to await the requests of the Director of this center because
they tie in with the programs that will be instituted and are
presently unknown.
This $2,010.00 could come from the Beach Disaster Fund and I
respectfully ask that the Council make this available."
The following is recommended playground equipment and suggested
bUilding plaque.
"Play Ground Equipment ~pproved By Recreation Committee.
Sept. 24, 1963
Attending the meeting= David J. Smith, Chairman, Mrs. H. Ruth
Pompey, Secretary, Otto Mitchell, Rev. J. W. H. Thomas, Mrs.
Gertrude Green, A. W. Risker, and Charles Oxidine. Also Robert
Ho~land, City'Mana~er, Harold E. Hansen and Walter Dietz.
Three Swing Nursery Set Page 10 B 143 .... $ 78.55
Three Swing Set " 9 B 133 .... 145.45
Four Board see Saw " 22 C 164 .... 98.85
All Steel Slide " 31 sms 16 --- 201.05
Wave Stride " 34 SW 31 .... 89~5
Horizontal Ladder " 39 E 17 ....
Ocean Wave " 35 D 5 .... 26%'~70
Horizontal Bar " 40 AA 1193 --- 67.45
Parallel Bars " 41 ~AA~20 .... 76'.45
~TOTAL $1,109.65
Suggested Building Plaque (Dedic~'ion)
Delray Eeach Community Center.
Requesting Committee February 12, 1962. Research Committee
May 31, 1962.
C. Spencer Pompey, Chairman S.C. Barnes, Chairman
Alfred W. RiSker C. L~ Coleman Secretary
Ozz/eYoungblood Rev. N. A. Perkins
Gertrude R. Carter Lula L. Baldwin
A. H. Holliday
1962-1963
Walter Dietz Mayor
A1 C. Avery Vice Mayor 1963.
Emory J. Barrow
~eor~eTalbot, Jr.
O. W.'Woodard, Jr., Vice Mayor 1962
George V. Warrpo
10/14/63
"Architect Richard T. Hanna. '.
Contractor Paul G, Herig Ground Breaking 'Ma~ 16~1963
Sept, 29, 1963."
Mayor Dietz informed the Councilthat the Architect is waiting
to learn what plaque the Council would like placed on. the building,
and asked if the suggestionmadewith his report would be satisfactory.
Mayor Dietz saidthe first item for action is that he would like
for authorization to be given for withdrawal of ~1,549.65 from the
trust fund in order to complete the outside part ,of the building
program as listed .i~ detail in his report, it being so moved by Mr.
Talbot. The motion was seconded by Mr. Avery and carried unanimously.
Concerning the second item in the report of $2,010.00 for the
items that are needed in the building at this time, there was dis-
cussion as'to what account thi~ money should be taken from as there
was no money available for this in the Community House fund. Follow-
ing discussion, Mr. Talbot moved that the $2,010J~00 be taken from the
ContingenCy Fund, the motion being seconded byMr. Barruw. Mr.
Woodard suggested that this money may be taken from the Recreation
accounts, to which Finance Director Weber stated that the fiscal year
is just beginning and the Recreation Department is set up for a full
program, that he would suggest authorizing a transfer of said funds
from the Contingency Account to the General Fu~d to the Beach Disaster
and Improvement Fund, which is the trust account.that pays for this
program. Mr. Talbot said he would amend his motion according to Mr.
Weber's suggestion, to which Mr. Barrow, in seconding the motion, agreed.
The motioncarried unanimously. .. ~.
M~. Avery then moved that the suggested plaque for the building
be approved, the motion being seconded by Mr, Barrow and unanimously
carried.
5.a. Mayor Dietz referred to a letter fromlthe. Powell Brothers Con-
struction Company dated August 26th, 1963 Which stated they had
terminated the outfall at Station 75 + 14, fUrther, that proposed
Change Order No. 1 of Powell~Brothers, prepared by Russell & Axon, also
refers to the termination at Station 75 + 14, but a Russell & Axon
letter of September 13th states the termination ie.at Station 75 + 48,
which makes a difference of 34 feet. Mayor Dietz said he would like
for this Council to direct the City to write a letter ~to. the Powell
Brothers Construction Company, specifically asking.if their letter
of August 26th, 1963, showing the final Station at 75 + 14,is correct.
Mr. Avery reminded the Mayor that this item had been discussed
at a special Council meeting on Friday, October llth, and the Engi-
neers had assured the Council this discrepancywouldbe investigated
and an explanation given. Mayor Dietzsaid since this had not been
done he would like such a motion as he had suggested.
Mr. Avery then moved that both the Engineers and the Contractor
involved be written letters asking that this discrepancy be explained.
.The motion was seconded by Mr. Talbot and carried unanimously.
Mayor Dietz made the following statement: "A lot of people have
come up.to me .and have said that this Council has been derelict in
duty. You have drawn up a contract for the sewer and we read by the
newspapers that it is going to cost us $70,000.00 to stop the work.
That is incorrect. The people have the wrong idea. We anticipated
that back on February 11th when we first brought up the matter of in-
terfering with the tourist trade and there is a particular clause in
the contract, and We did,at our last special meeting, invoke that
particular clause ofthe ~ontract and that has nothing to do with
$70,000.00. That is a power that was given under the contract to the
council.to reschedule the work. Mr. Wood&rd did a wonderful job on
that and is tO be complimented on it, but I hope i~ some way the
papers can clear up to the people that there is no $70,000.00 charge
on this. This is zero charge and we.are operating under the clause of
our contract, and we made our request by the contract, and it is not
$70,000.00 thing because I would agree with the public that if now,
to stop it, we had to pay a$?0,000.00,there was something wrong with
the~ way the Council drew it up in the first place."
Mr. Avery said Mr. Talbot was the Councilman who was responsible
for that clause being written into the contract.
5.a. Concerning Russell &Axo~scontact withFlorida Power and Light
Company regarding power requirements, the following letter from
Russell & Axon to the Mayor and City Council, dated October 3rd, 1963,
was read:
"Attention': Mr. Robert J. Holland
CityManager
?
Subject: Power Requirements for Lift Stations Nos. 5, 8, 9 a~
15
Sewage Works Project No. 5964-8a
In regard to your inquiry as to the electrical s'erv~i~fpr ~he
above caPtioned lift stations, we wish' to off&r the ~OL~oWing
information relative thereto:
~1. During the initial planning of the sanitary .sewerage ~.~N~ject,
the Delray Be~:jaad the West Palm Beach offices of ~' _
local po~er ~any were contacted by phone and wez~ ap-
...~raised of ~he type of power proposed to be utiliZ6~ for
-the various lift stations. Such contacts were primarily
made by this offic~%~ electrical engineer, Mr. Lutz, and
upon o~oasion.by:~he Writer and were held with Mr. McDuffy,
Mr. Senior and Mr. Rogers of the power company. Although
the use of 3 phase power was questioned for use in some
of the lift station locations, no definite opposition or
disapproval was expressed by the power company~
2. Upon the finaI establishment of the location of the various
stations and the respective power requirements, further
conversations were~held with various power company personnel
and again, no definite opposition to the use of 3 phase
power was expreseed.
3. During the process of our final field survey of the project,
our field engineer, Mr. Phil Larrimore, contacted the power
company's local o~f~ce and appraised them of the final
locations of the various lift stations.
4. Inasmuch as a deadline had been established for the com-
pletion of the final drawings and specifioations, it be-
hooved this office to complete same without further delay.
We therefore proceeded to completion of project; project
went out to bid, the award of the contracts made on date
of May 16, 1963 and construction initiated thereafter;
still with no exPression eitherpro or ~ from the power
company, (master lift station excluded,: the type of power
utilized herein was concluded through the West Palm Beach
office.}
5. Upon the.date of May 26,. 1963, a letter dated May 24 was
received in our office and the office of the City Engineer
~f Delray Beach requesting we forward final plans of the
lift stations to the power company. Such plans were ·
-10- lO/~4/6s
"forwarded directly~ tO Mr. SeniOr, 'Manager of the Delray
Beach 'office On June~7, 1963,
$~ On dat~ of August 9, 1963 (approximately 2' months after
the dateof ~ward of the construction' contract~') a carbon
copy of a letter dated August 8~ 1963, written by'Mr.
Senior of the power con~ny to the attention °~ Mr. Mark
Fleming, Engineer, City ~f Delray Beach,'was received in
this office wherein the. power company requested the review
of'the type-of phasa~service utilized in the design of the
above-captioned stations.
If there are any questions which you may have in regard to this
matter, please advise."
Mr. Charles Senior of Florida Power & [Light Company said there
were two aides to any question, end that he would like to have a copy
of the Russell & Axon letter just read and that he would be happy to
give the Council the Florida Power & Light Companyts side of the
question. Mr. Senior was given a copy of said letter.
Mr. Avery said he saw no reason that the Council labor this
question since it wasa struggle betweenthe Consulting Engineers and
t:he Florida Power a Light Company and feels the crux of the thing
seems to be the cost involved. To furnish three~haee .c~rre~t, Florida
Power & Light Company is faced with approximately $13,000.00 expense,
and the Engineers say the situation can be corrected with converters
for around $4,000.00. Mr. Avery suggested that the Cityta E~g~u~eers
and Florida Power a Light Engineers, on a higher level, be asked.to
confer and see what the true and best answer for all parties concerned
is, and give 'that up-to-date answer to th~ Council.
Mr. Senior informed the Council that the City Engineer. and the
Engineer from Russell &Axon met in his office and s~ngle phase.
service had been agreed upon, and that to make the change, there would
be a I0~ charge for changing the motors anasa~d Change would
approximately $600.00 or less. 'Mr. Senior Said he had then written
a letter to the City that he had not heard read, offering to pay
50% of the cost of the change.
Mayor Dietz said it is his understanding that the mot°re'have
been ordered, further, to use converters would require further con-
struction to house them w~ich he does not feel is a solutiDn, and
that-he considers it a matter entirely'between the Florida' Power
Light Company and Russell & :Axon. The contract Calls for three-phase
current as set up by Russell & Axon and they must settle their pro-
blems with Florida Power a Light Company.
Mr. Sen~or said he felt the City Engineer should be ~n on any
conference concerning this item.
Acting city Manager worthing read the following letter from the
Florida Power & Light Company dated"September 20, 1963, to the City
of Delray Beach, attention of City Engineer Fleming=
"Attn= Mr. Mark Fleming, City Engineer
We appreciate the courtesy extended us 'by ~eorge Switzer and
yourself in meeting at our office to discuss the feasibility
of providing single phase electric service to sewer lift
stations Nos. 5, 8, 9 and 15 in lieu of three phase electric
service.
The four lift stations are all located in residential areas
~here there is ~o~ualtY, n~ de,and 'for thr~e pBasW service.
"To-extend three phase lines to- these locations would work not
only an unnecessary finanoial hardship on our company, but would
very likely create problems with the residents of these areas
for both the city and ourselves due to ~he tree removal and
trimming that would be required for this heavier type line con-
struction.
The 2 and 5 HP motors specified 'for these stations are readily
available with single phase motor winding and equally efficient
as three phase mOtOrS. Therefore, we strongly recommend the
2 and 5 HP three phase motors, which we understand have been
delivered to the contractor, for use at these locations be re-
turned to the manufacturer and exchanged for single phase motors
of equal horsepower. We do. not suggest having motors rewound,
as, if the motor is worked on by someone other than the manu-
facturer, it would undoubtedly-void any guarantee normally ex-
pected for motors of this type.
We understand that, the chan~e-over coming at this late date
is going to create some additional expense. Due to the fact .-
that this requested exchange of motors has been brought about
by an oversight on the part of both parties, the Florida Power
& Light Company stands.ready to reimburse the City of Delray
Beach in the amount of 50%.of the. cost involved in the exchange
of~2HP and 2-SHP three phase electric motors for 2-2HP and 2-5
HP single phase electric motors.
We.assure you our recommendations in this instance is made in
the interest of mutual benefit to both parties and our interest
in. extending to the City of.DelFay Beach our full cooperation
in any and all of their projects for city betterment."
,Mr. Avery said he thought industrial type power lines in a
residential area could affect City baautification and stressed the
need for a further, and:,~inal conference between Russell & Axon and
~.he Florida Power & Light Company with a recommendation to the
:~ouncil in which all parties are in agreement, to,which Mayor Dietz
-added that the .agreement should be an engineering agreement, it bsing
so moved by Mr. Avery. Mr~ Woodard asked Mr. Avery to add to the
motion that the City Engineer be included in said conference, .and
following Mr. Avery~s agreement, Mr. Woodard seconded the motion which
carried unanimously.
Mayor Dietz' said there should be a 'time limit set.on getting
said,report back to the Council, and asked that this item be placed
on the agenda of the next meeting.
5.a. Mayor Dietz asked that the following letter from the Housing
and Home Finance Agency in Atlanta, ~eorgia, dated October 9th, 1963,
be read=
"Subject= Project No..,Fla. 8-Pl17.
Sewer Facilities
Delray-Beach, Florida
Thank you for yourletter of September 3.0. We shall be happy
to discuss the above project with you and other local officials
who care to visit this office at any time convenient. ~
determining a comm.unXt¥'s liability for repa~m,~nt.of an out-
standing advance,in cases~here plans for a proposed project
have been changed or abandoned, we compare ne~, prepared plans
with the original plans 'financed wit~ Pederai ~7~nds.
Such a comparison permits us to make a ,determination regarding
the ,degree of similarity.- It further indicates whether the
same areas originally proposed to be provided with services
449
"are included in the newly developed plans and Whether con-
struction .of"the project will satisfy the same need that
originally existed. These are factors which are considered
in determining the repayability of outstanding planning funds.
: It will be very much appreciated if you will forward a copy
~.-~ ~' of the newly prepared plans to us for use in making the plans
comparison. In the event you wish to visit'this Office, a
copy, of the newly prepared 9lane should be brought with you.
... A visit is not required~ however, a conference'wit1 be
scheduled for discussionpurposes upon request."
Mr. Worthing said this letter was a result of Council directive
three weeks ago to contact the Housing and Home Finahce Agency, and
referred to the following letter from Mr. Prank T. Osteen, Jr. of
Russell &Axon, dated September 18, 1963:
"Subject: Project No. 5964-8a, Sewage Works Project
City of Delray Beach, Florida
I have been studying the status report which the Ho~sing and
Home Finance Agency is.requiring of Delray Beach. It is my
opinion that rather than fill out the form which they. have
submitted to you, that you should write a letter 'of explanation
concerning the present sewer project. I would suggest that
the letter should advise them that asewage works project is
now under construction which is dissimilar in nature, to the
project planned under loan advanced by the Federal government,
I would further explain that while some parts of the old plans
have been useful, that it is the feeling of the City that the
HHFA should make a comparative analysis of the plans being
used on the present project with the plans prepared under the
advance planning loan. ! would further advise them in-the
letter that the City will be glad to have their consulting
engineers furnish them with the plans and specifications re-
quired for the review."
Mr. Avery reminded' theCouncil that during discu6sion of the
sewer program, Russell & Axon had said they would assist the City in
every manner possible concerning said federal loan of $24,500..00
in 1946. This letter requests a copy of t~e plans of the present
sewage works project and that this request be forwarded tO Russell
& Axon, that they supply and be directed also to take the initiative
in consulting with these people and if a conference is indicated using
them and any City personnel that they proceed .to schedule it and the
City will comply, it being so moved by Mr. Avery. Mr~ woodard
seconded the motion.
Mayor Dietz said Mr. Avery's motion directs Russell & Axon to
send the Housing and Home Finance Agency a complete set of the pre-
sent sewage works project plans, and Mr. Avery added that it also
directed them to set up, if indicated by their experience, a con-
ference with them in attendance,and any City Official in attendance
that they go ahead and schedule it and the City will comply. Upon
call of roll, the motion carried unanimously.
X. Concerning the mOtors for three-phase~electric service, Mr.
Barrow said Mr. Senior.had mentioned that p0ssibly the motors had not
been shipped and if that was the case some attempt should be made to
see that they were not shipped until a solution had been arrived at
on this problem. City Engineer Flemin~ said the motors in question
had been shipped and already received.
6,.a,. A request for water service outside the City to the North 45 feet
of Lot 10 and the South 45 feet of Lot 11, Delray Beach Shores Sub-
division was presented to the Council. from Mr. George'E~ Calhoun, and
10/14/6~
it was reported that the City Engineer advises no additional extension
line is necessary to provide water to th~s property and that a suf-
ficient supply appears .to be available within the area,.further, that
said property owner had signed an'agreement consenting to annexation
at the proper time, and that it is recommended the application be
approved, Mr. Avery moved that sai~ application be approved, the
motion being seconded by Mr. Woodard and carried unanimously.
6.b ,It was reported that Mr. Mark O*Neal submitted an application
for a Certificate of Public Convenience at the last regular Council
meeting and in compliance with Chapter 26 of the City's Code of
'Ordinances, a public hearing on said application had been scheduled
to be held at this time for the purpose of receiving objections, if
any, to further taxicab service within the City, further, that Council
may deny or grant this request following its determination as to
apparent need for additional taxicab service to better serve the
populace.
There being no objections to_said application,'Mr. Talbot moved
to grant same. The motion was seconded by Mr. Woodard and carried
unanimously.
6.c. It was reported that Mr. James Howardj owner and operator of
Jimmiems Bar-B-Q at 17 N. W. 5th Avenue, requests permission to sell
wine at said establishment for consumption on the premises, that Mr.
Howard. has-an authorized license for selling beer to be consumed on
the premises,, further, that the applicant ha~ been approved in ac-
cordance with the City's Code and previously determined procedure of
investigation.
Mr. Avery said that since City approval is just. a formality, he
moved tha~t the request be granted, the motion .~eing seconded by Mr.
Woodard and unanimously carried.
6.d. It was ~eported t~:at Mr. William Thomas Snow of Boca Raton,
having recently purchased the Bon-Aire Hotel and Lounge,..had applied
for transfer of the 196-3-64 Liquor License No. 174 issued to the
previous owner of the hotel, further, that the usual investigation
supports approval of the applicant and such transfer is recommended,
it being so moved by Mr. Avery. The motion was seconded by Mr. Barrow
and carried unanimously.
6.e. It was reported that with reference to recent Council request,
't, heestimated cost.for preparing the north half of B!~ck 124 for
'parking facilities is as follows=
By City Forces $10,600.00
By Contract - $14,800.00
Mayor Dietz said he would like a breakdown of the $14,800.00
figure, as he feels it is much too high for what is needed to make
a parking lot in that location, that the ground is. level and firm
and.has been.in grass for many years, but there is a necessity of
going over the curb and sidewalk and having an. exit on the other
side.
Concerning the $14,800.00 figure, City Engineer Fleming said
this was figured on standard paving with six ~nches of rock and an
inch of blacktop similar to the other parking lots, and was what the
City Manager had asked him to figure on.
Mayor Dietz said that was not needed, and d~n*t feel the City
should blacktop it under a lease with a sixty day termination notice.
Mayor Dietz said there had been an article in the paper which
indicated that the Citymay pay $2,.000.00 for a year~s lease and the
property would be sold within a month and the City would not even have
the use of same. M~yor Dietz said it was his understanding that if
the city'paid $2,000.00,the City'would at least have the use Of the
land for this tourist season, and Mr. W~rthing informed him that
could be so arranged, 'along with other terms and conditions.
Mayor Dietz said he feels there Would never be as many as 300
cars parked in that location and it would be a waste of money to pave
same, bu~ if it was necessary to put'in some rock, that could be done.
During conversation, City Engineer Fleming said he figured the
cost of the six inch rock base was approximately $4,000.00 and the
paving another $4,000.00,if done by City forces. That the rock could
be cut down considerably but would recommend putting in some rock
if it was to be used for parking. ~'
Col. Dug&l Campbell of 415 Andrews Avenue informed the Council
that he had inspected said property several times recently, and
wondered if the Council was cognizant of the fact that there is a
parking area there now for 38 oars and during 5 inspections made
during the past week plus an inspection made tonight, he had never
seen more than 4 cars there. That he realizes this is not the tourist
season, but that it is less than a block distance directly up the
sidewalk that is now provided at 7th Avenue and Waterway and less
than two blocks from thd brokers'office, and said he wondered if
it was expected that a parking area, at City expense, be placed in
front of all those businesses or were they willing to walk a Couple
of blocks to get to them.
Col. Campbell suggested getting permission from Mr. Vos to place
a strip of parking adjacent to what the City already has in that area,
which he felt would be sufficient.
Mr. Woodard said there.had been ~wo'or three discussions of this,
bit by bit over the last several'Council meetings, and that o~'October
10th the Traffic and Parking Committee met and attempted to resolve
this parking problem with the proposals, facts and in~ormation that
was available to-them at that time. That the VOs property is one of
the 'pieces that was discussed,~ and he would like to incorporate in
t~is committee report some recommendations of this particular piece
of property. Those present at the Committee meeting' were City. Manager
Holland, Mr. James Love, Mr. LeRoyMerritt, Police Chief Croft, Fire
Chief Gregory, Mr. Kenneth Ellingsworth and himself, and the meeti'ng
had been called specifically to discuss the parking problems on
Atlantic Avenue, particu%arly between 4th and 7th Avenues.' That all
the proposals received and all recommendations made were discussed at
length, and they came to a unanimous conclusion that they would like
to discuss with the Planning/Zonin~ Board this week in order that at
the next regular Council meeting, the committee may be in a position
to make recommendation for final disposition of the desirable pro-
posals. Mr. Woodard then reviewed the Traffic and Parking Committee's
Report and the proposals for land exchange, p~&sed parking areas,
etc.
During discussion, Col. Campbell referred to a ~iece of City
owned land lying South of S. E. 10th Street and West of S. E. 5th
Avenue that had been mentioned for exchange, and informed the Council
that if said piece of city property was disposed of at what is consid~
erod the net value of $33,575.00,he would want to be notified of the
sale and have the privilege of bidding on same, that he is interested
in Delray Beach and for what is best for the City.
Mr. Woo~ard asked the City Attorney if, by Charter,'the Council
could exchange City property for other property . ·
City Attorney~dams said, in his opinion, it was a peculiarity
of the City Charter that when property is sold, it is advertised and
there is a public auction, but on an exchange, the way the Charter is
written, all that is required is a two weeks public notice of the terms
and conditions of the exchange and that it says nothin~ about a public
b~d, further, that he would discuss this with Col. CampbelI later in
the week.
-15- 10-14-63
Mr. Woodard said he was concerned with getting some immediate
parking relief for the People that had requested same, and .would like
permissio~ from the Council to discuss with the. Planning Board the
ideas and proposals that had been reviewed, and have this item placed
on the agenda of the next Council meeting. The Councii agreed to Mr.
.Woodard~s suggestion and Mayor Dietz asked that this item be placed
On the agenda of the next regular Council meeting.
Acting City Manager Worthing reported to the Council as follows:
"I would like the opportunity to make the final proposition of Mr.
Vos clear, but more particularly for a matter of record. As re-
quested by YOu gentlemen, an option has been obtained. It is thirty
days from October 10th. Terms and conditions have, while I estimated
approximate three weeks ago, the definite and final offer is on an
annual rental, County and City taxes plus a thousand dollars a year.
In any agreement which might result in the future, the City shall
indemnify the p=operty owner against any damages, law suits, etc.
Pertaining to survey monuments to be restored, it being alleged that
on the Northwest corner a concrete marker put in there by Elliott
Gross was destroyed by the First-Street sewer installation recently,
on the Southwest corner the concrete monument was alleged to have
been picked up by the trash truck, and the two Easterly concrete
markers on the Northeast and Southeast corners of the property be-
came extinct following construction of a new sidewalk. Any lease
agreement entered into may be terminated by either party on a sixty
day notice, and this land may be ~urchased on any terms you care to
dictate, the valuation to be determined by an optional, impartial
Board of Appraisers."
Mayor Dietz said he hoped the Council would not let the option
on the Vos property expire without taking advantage of the offer as
he felt it was a good offer and the property was needed and could be
used to advantage by the City.
Miss Dorothea Galvin said she felt the Council and Pl~n~ing
Board should study and make provision that in future construction of
office and business buildings, parking should be provided for in
order that a situation would not arise again where the City would
be obligated to furnish parking facilities.
Mr. Woodard said he would like to meet With the Planning Board
this week for discussion concerning parking and exchange of lands
and was informed that same would be arranged for;.
The Council was reminded that the thirty day option on the Vos
property would expire before the first regular ,Council meeting in
November.
Acting City Manager Worthing reminded the Council that the next
regular Council meeting would be on Wednesday, October 30th.
6.f. Concerning feasibility of a City Prosecutor, a report of the
committee-recently appointed by the Council to investigate same was
presented. .Copy of this report is attached to and made a part of the
official copy of these minutes.
Mayor Dietz said he had not had Sufficient time to study this
item, and suggested that all Councilmen study this very carefully,
fur~er, that a City Prosecutor would be appointed at the pleasure
of the majority of the Council and that there will shortly be a new
Council.
Mr. Woodard asked if a list of people available for this position
could be presented to the Council for their consideration.
-16- 10/14/63
City Attorney Adams said the duties of'~the positiOn'and also the
con~ensation should be approved before approaching the Attorneys to
see if they are available.
Mayor DiBtZ said he would like to talk with the Judge concerning
this item, and it was agreed to place this item on the agenda of the
next meeting.
60g~ Change Order No~ I from Powell~"Brothers, I~c.0' as follow~ .was
presented to the 'Council for consideration=
"CITY OF DELRAy BEACH
PALM BEACH 'COUNTY~ FL~.RIDA
sm~ WpR~S,. PROJecT
PROJECT NO. 5964-8a
CHANGE ORDER NO. 1__
This Agreement~ entered into this day of October,
1963¥ by and between the 'CITY OF DBLRAY BEACH, Palm-Beach
County, Florida, hereinafter referred to as~'the City., and
POW~LL BROTHERS, INC., hereinafter referred to as the Con-
tractor, the same being a change or suppl'ement to a 'certain
Contract by and between the parties aforesaid, dated 24'May,
1963, for the construction of Sewage WOrks Project, City of
Delray Beach, Palm Beach County, Florida.
WITNESSETHt
WHEREAS, a portion of th~ Contractor's Work under the afore-
said agreement ~ertains to construction on Atlantic Avenue
from the intracoastal waterway to the ocean~ and
WHEREAS, the Owner has determined that such construction
would interfere with the forthcoming to~rist season if con-
ducted during the period from November 1, 1963, through
April 1, 1964!
NOW THEREFORE, in consideration of the mutual covenants
herein contained,'the parties hereto agree as follows=
I. The Contractor agrees to suspend work on Atlantic Avenue
from the intracoastal waterway to the ocean during the period
from November 1, 1963 through April 1, 1964, This suspension
of work will be at no added cost to the CitY.
II. The City agrees that during this period no other work
will be conducted on this portion of Atlantic Avenue which
will change the present underground physical condition.
III. It is further agreed and understood that the contract
time is not extended and that this ch'ange shall not alter in
any manner the force and effect of the original Contract,
dated 24 May, 1963, and the same shalI stand'in fu~l force and
effect in all respects, except as amended by this Agreement.
POWHLLBROTHERS, INC.
ATTEST= (A Plorida Corporation)
By. By
ATTEST~ CITY OF DBLRAY BEACH
By By
CITY CLERK
-17- 10/14/63
' ~
"APPROVED AS TO FORM=
B~
CITY ATTO~NE~'
Mr. Averymoved to 'approve this Change Order No~l, the..motion
'being seconded by Mr. Woodard and unanimously carried.
6.h. The following memorandum from the City Engineer to the City
Manager concerning a proposed agreement and release between the City
and the Central and Southern Florida Flood Control District was read=
"Subject: Flood Control DiBtrict Agreement - Agenda Item
Attached is an agreement ~r~pared by the Flood Control District
to be executed between the City of Delray Beach and this Dis-
trict.
This agreement provides for the payment of $66,000 to the City
of Delray Beach, which cost is to cover the construction of a
new bridge across the C-15 Canal at Spanish Trail, including
engine6ring and all other costs.
The city has entered into an agreement.with Gilbert Clifford
and Associates for the design and field supervision of this
bridge as well as the proposed bridge across Brant Drive. The
estimate for the Spanish Trail bridge-is as follows=
Construction cost ~. $58,760.00
Engineering Fees
i(a) PrelSminar¥ and Final
ConStruCtion Drawings
and Specifications 3,52S.60
(b) Consultant Supervision 1,762.80
(c) Resident Inspection lr000.00
Total Estimated Project Cost $65,048.40
The subject .~eement further stipulates'that the final payment
would b~~on actual bid prices and final quantities, and
that any.~ce due to the city or refund to the Flood Control
Distric~~-~w~U~i be made at completion of the work.
Mr. Gl1 Clifford a~vises that the drawings and specifications
for~the Spanish Trail bridge a=e nearly complete and that they
will be ready to ~pt bids in the near future.
The construct~'.~n o~ the bridge at Brant Drive is not included
in this agr~ because the design of this bridge had to be
changed due .tothe fact that the ground conditions discovered
bythe ~redgi~.~6~ractor were such that the canal could not
be constr~~S.~eep, as originally pla~ed and therefore had
to be wid~t"i~e Brant Dr~ve bridge must therefore ~
considered under a separate agreement at a later date,
Although~some savings mighthave been affecte~ had it b. een
possible to let the contract for both bridges simultaneously,
t~is savings would have accrued to the Flood Control District
&nd not to the City of Delray Beach. It is therefor recommen~e~
that we proceed with.the execution of the attached contract if
it is approved, as to form, by the city attorney."
-iS- 10/14/63
A copy of.the AGREEMENT and RELEASE is attached to and made a
part of the official copy of these minutes. (See ?a$®s ~62-A through
During discussion, City Attorney Adams. said if the bids for
bridge construction exceeded the $66,000.00,he presumed thy City
would get approval from the Flood Control District before..~ contract
was awarded. Attorney Adams said it would-be the City's responsibi-
lity to bond the Contractor, and City Engineer Fleming said the City
would pay for the cost of directional signs which was a m~nor item
and would go in with the maintenance.
Mr. Avery moved that the agreement be executed subject to
proval of the City Attorney as to. form, the motion being, seconded
by Mr. Woodard and unanimously approved.
6.i. It was reported that during the recent meetings of September
28th and October 4th, Council had requested Mr. Steinhilper of
Russell & Axon to furnish a ~ist of streets upon which an eight inch
layer of rock base had been ~rovided, and a letter from Russell &
Axon, dated October 10th, listing those streets was presented to
Council.
Mayor Dietz said that Council action had been taken on this
item at the Special meeting of October 11th.
Mrs. Robert McLaughlin, 24 Marine way, asked if all the streets
where the sewer was laid. would be paved soon, and City Engineer
Fleming reported that Marine Way should be repaved by the first of
November.
6.j. It was reported that the Councit, during the last regular meet-
ing, requested that improvement of the Greyhound Bus Stat/on property
be encouraged. The property is privately owned and the owner alleges
to have painted the building about one year ago and states he does
not believe further improvement of the property is warranted at this
time due to the limited income therefrom, it;being a two store build-
ing, one half being occupied by the bus station and the other half
having been vacant since the improvement andestablishment of North
and Southbound Federal Highways. It was further reported that Mr.
Vickers, Manager of the Greyhound Bus Station, assured a complete
internal decoration of the bus station this coming week, having al-
ready placed an order with Hagen's Inc. for the painting.
It was pointe~ out that this was a private matter and the Council
could take no action.
6.k. The Council was informed that the Delray Beach Yacht Club had
applied for a Liquor License at said Yacht Club, now under construc-
tion at 100 MacFarlane Drive, which building construction has pre-
v$ously been approved by Council and is in conjunction with a marina,
further, Jf Cou~l should approve the issuance of such license, an
ordinance to so provide would be prepared for extending the area with-
in which liquors.may be sold, and sUbmitted to Council for consider-
ation and public hearing thereon.
Mr. Avery moved th'at the Ordinance be prepared' and presented,
the motion being seconded by Mr. Woodard and unanimously carried.
7.a. The Council was informed that Sherman Williams Post No. 188,
American Legion, requests permission to sponsor its annual Thanksgiv-
ing Festival, to be held at the Westside City Park November 25th
thru the 30th. That similar usage of the land had, in previous year~,
been granted this organization with satisfactory results, as.well as
the lands being cleared of all debris following the closing of the
Festival. Further, it was recommended the permit be granted, and
license fee for such activity be waived.
Mr. Avery moved that the permit be granted and the license fee
waived, the motion being seconded by Mr. Talbo~ and unanimously
carried. -19- 10-14-63
8od. Concerning Conditional Use for outdoor ~lniature~.g01f courses,
Mayor Dietz questioned the advisability of permitting one to be con-
structed on a'main street in town, as the time may come when it may
not be in use and woUld not be kept in repair, and would detract from
the~appearance of the City.
It was pointed out 'that before a conditional use for such a golf
course was permitted, there"would be a ~ublic hearing with notice to
area resid~nts and permission for same would have to be granted by
the Council.
Acting City 'Manager Worthing read ORDINANCE NO. G-$03.
. .. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELNAY BEACH, FLORIDA, AMENDING CHAPTER 29,
SECTION 29-7.1 ' OF THE CODE OF ORDINANCES 'OF
THIS CITY BY ADDING SUBSECTION (H), PROVIDING
FOR. CERTAIN CONDITIONAL USES IN THE C-I' (LIMITED
COMMERCIAL) DISTRICTS OF THIS CITY.
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 29, Section 29-7.1, Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended
by adding Sub-section (H), to read as follows:
a~H) CONDITIONAL USES. Same as for ~he R-3 district with the
followi~g additions:
(1) Bowling alleys, po01 and billiard halls, skating rinks,
outdoor miniat~e golf courees,and similar establishments.
Any review of an application or plan she. II consider the character
of the neighborhood in which the proposed use is ".to be loca%ed and its
effect on the value o2 the s'ur~=undtng lands and further, ~he area of
the site as. it relates pa~ticularIy to the required open Spaces and
off s~r~et parking facilities."
PASSED on second and final reading in regular session on this
the 14th day of-October, 1963.
During lengthy discussion, the Co~ulcil was reminded that a-spe-
cific request had been made for construction and operation of an out-
door miniature golf course on Lots 1,2, 3 & 4, Block 61, and same was
referred to the Planning Board with the request that they study same,
hold a public hearing ~f necessary and to study it with particular
attention to the advisability of amending the Zoning Ordinance. to
permit Carpet Golf Courses in C-1 zoned areas. That the Planning
Board had met on September 13th and had recommended~.,~the Council
the action as reflected in Ordinance No. G-50~ be taken.
There being no objection from the audience to Ordinance No.
G-$03, Mr. Woodard moved that. said Ordinance be passed on second and
final reading. The motion was seconded by Mr. Avery and upon call of
roll, Mr. Avery, Mr. Barrow, Mr. Talbot and M~. Woodard voted in favor
of the motion, and Mayor Dietz was opposed.
8.b. The Acting City Manager read ORDINANCE NO. G-504.
AN ORDINANCE OF 'THE CITY OF DEL~AY BEACH, FLORIDA,
LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT
ROLL SUBMITTED BY'THE CITY ~NAGER OF SAID CITY,
'CONCERNING THE G~ADING AND PAVING OF THAT .PART OF
NORTHWEST TWELFTH AVENUE LYING BETWEEN ATLANTIC
AVENUE AND NORTHWEST SECOND STREET~'TO A WIDTH OF
TWENTY-FOUR (24) FEET~ SAID ASSESSMENT ROLL BEING
ATTACHED HERETO AND .FORMING A PART HEREOF.
-20- 10-14-63
(Copy of Ordinance No. G-$04 and assessment roll are attached
to-and made a part of the official copy of these minutes,} (See Page
There being no objections to Ordinance No. G-504, said Ordinance
was unan/mously passed and adopted on second, and final reading on
motion by Mr. Talbot and seconded by Mr. Barrow.
8.c. 'Acting City Manager Worth~ng read ORDINANCE NO. G-505.
AN ORDINANCE OFT HE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
29-15 OF THE CITY'CODE· OF O~NANCF~ PERTAIN&
~I~G ~O .T~' PARKING' OF.. T~AILERS.
(Copy of Ordinance No. G-505 is attached to and made a part of
the official copy of these minutes.) (See
There being no objection to ordinance No. G-505,-.said Ordinance
was unanimously passed and adopted on second and final reading on
motion by Mr. Woodard and seconded by Mr. Talbot,
8.d. The Acting City Manager presented ORDINANCE NO. G-506.
AN ORDINANCE OF, THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DEL~AY BEACH CERTAIN LANDS LOCATED IN SECTION 5,
TOWNSHIP 46 .SOUTH, RANGE 43 EAST, .WHICH~LANDS ARE
CONTIGUOUS TO EX~,.STING MUNICIPAL LIMITS OF SAID
CITYr REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LANDS~ PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LANDS~ AND ~ROVIDING. FOR THE
(Copy of Ordinance No. G-$06 is attached to and made a part of
the official copy of these minutes.) (See Pag®s ~6.~H-& ~6~-I)
There being no objection to Ordinance No. G-506, said Ordinance
was unanimously passed and adopted on second and final rea~ing on
motion by Mr. Talbot and seconded by Mr. Avery.
8.e. Acting City Manager Worthing read . ORDINANCE NO, ~-507.
AN ORDINANCE OF T~E CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION
~ (b), SECTION 29-7.5, CHAPTER 29, CODE OF
ORDINANCES OF THIS CITY~ INCREASING THE SET
BACK LINESWFROM SWINTON AVENUE TO WEST EIGHTH
AVENUE FROM FIFTY-THREE (53) FEET TO SIXTY-
THREE (63) FEET. ~ON BOTH SIDES OF WEST ATLANTIC AVENUE
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF' DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. Subsection ?(b), Section 29-7.5, Chapter 29, Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
"Sec. 29-?.5 General Provisions and Exceptions
"? (b) Set back lines shall be established on both sides of west
Atlantic Avenue sixty-three (63) feet from the .center line thereof,
from SWinton Avenue to West Eighth Avenue, and no structures shall be
erected, altered or reconstructed within the area between such set
back lines."
PASSED on second and final reading in. regular session on this
14th day of October, 1963.
-21- 10-14-63
$58
There being no objection to Ordinance No. G-507, said Ordinance
was unanim0usly' passed and adopted on second and final reading on
motion by Mr. Woodard and seconded by Mr.' Barz~W.
8.f. Acting City Manager Worthtng read ORDINANCE NO. G-508.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION 9,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, .WHICH LANDS
ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; P~EDEFINING THE BOUNDARIES OF SAID
~I~"! TO INCLUDE SAID LANDS; PROVIDING FOR THE
Rlt~fTS AND OBLIGATIONS OF SAID LANDS; AND PRO- \
VIDING FOR THE ZONING THEREOF. {~-~ ¢~w?.
(Copy of Ordinance No. G-508 is attached to and made a part of
the official copy of these minutes.) (See Pages
There being no objection to Ordinance No. G-508, said Ordinance
was unanimously passed and adopted on second and final reading on
motion by Mr. Avery and seconded by Mr. Woodard.
8.g. The Acting .City ~Mana~.er read ORDINANCE NO. G-509.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO.
G~501, PERTAINING TO THE LAWFUL SPEED LIMIT FOR
AUTOMOBILES CO~D TO OPERATE ON RAILROAD
TRACKS.
NOW] THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TEE CITY
OF DELRAY BEACH, FLORIDA: '
That Ordinance No. G-501, dated August 12, I963, be, and the
same is hereby amended ,~o read as follows:
section 1. It shall be unlawful for any person to drive or
operate an automobile converted to operate on railroad tracks
(commonly known as a "high-railer") at a speed in excess of twenty-
five miles per hour when passing through a road intersection within
the corporate limits of this city.
Section 2. Any' person who shall violate this ordinance, upon
conviction thereof, shall be fined not more than $200.00 or imprisone~
in the city jail not exceeding sixty days, or both such .fine and im-
prisonment.
PASSED AND ADOPTED on the 14th day of October, 1963.
There being no objection to Ordinance No. G-509, said Ordinance
was unanimously passed .and adopted on second and final reading on
motion by Mr. Woodard and seconded by Mr. Talbot.
8.h. Concerning Ordinance No. G-510, Mayor Dietz said it .would be
spot zoning to rezone Lots 23, 24 and 25, McGinley & Gosman S~divi-
sion from R-2 to R-3, further, that there is a request under ~enda
'item 9.c. that a public hearing be held on Lots 18, 19, 20, 2I, 22,
26 and 27, McGinley & Gosman Subdivision, concerning rezoning of said
lots from R-2 to R-3, and suggested that the Planning Boar~' be allow-
ed to hold said hearing and then action be taken on all of .?Lots 18
thru 27 of said SubdivisiOn at one time.
Mrs. Ann PfUndston, owner of Lots 21 & 22, McGinley & Gosman
Subdivision said she objected to the spot zoning of Lots ~, 24 and
25 of that subdivision, and desired .that her lots, along with other
adjoining lots, be rezoned to R-37Classification, which was in agree-
ment with Mayor Dietz' opinion.
-22- 10-14-63
Following discussion,. Mr. Woodard moved that the Council con-
sider Ord-inance No. G-510 at the same time they consider the re-
commendation that will he received from the Planning Board following
its Public Hearing on Lots 18, 19, 20, 21, 22, 26 and 27, McGinley
& Gosman Subdivision. The motion was seconded by Mr. Barrow and
carried unanimously,
8.i. The Acting City Manager p~resented ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE'~ CITY OF
DELRAY BEACH, FLORIDA, -REZONING AND PLACIN~ LOTS
1 THROUGH 13 OF REPLAT OF PART-OF LOTS 2 AND 3,
BLOCK 1, OF MODEL LAND COMPANY'S SUBDIVISION OF
WEST HALF OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE
43 EAST, PLAT BOOK 1, PAGE 128, DELRAY BEACH,
FLORIDA, IN "R-2 ONE AND TWO FAMILY DWELLING
DISTRICT," AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1960".
Ordinance No. G-511 was unanimously placed on first reading on
motion by Mr. Woodard and seconded by Mr. Barrow.
8.j. Acting City Manager Worthing presented ORDINANCE NO. G-512.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 1LA-2,
CHAPTER llA, CODE OF ORDINANCES OF THIS CI'TY,
PERTAINING TO THE BOARD OF EXAMINERS OF CONTRACTORS.
Mayor Dietz asked the purpose of this ordinance and City Attorney
Adama .said the former ordinance required one of the members of the
Contractors Board of Examiners to be a licensed registered engineer
and since there were none in the City it was felt that two licensed
general contractors would be equivalent.
Mayor Dietz suggested that this committee-be appointed at the.
pleasure of the Council so that in the future th~ Council, if it saw
fit, could make changes. Further, that he did not think ~it gOod to
appoint committees that could not he changed by the next Council if
they so desired.
The City Attorney explained that this Contractors Board of
Examiners had been appointed and was functioning, and this amendment
was only to take care of the fact that since there is no licensed
registered engineer in Delray Beach another person of sufficient
qualification could be appointed to said Board.
Mayor Dietz again said he felt members of Committees should be'
appointed at the pleasure of the majority of the Council, and Mr.
Woodard asked if the Council could remove an individual regardless
of whether he was appointed for one,' two or three years.
City Attorney Adams answered: "If the"provision is s/lent you
can only remove them for cause, after a public hearing, but~ if.. they
hold office at the pleasure of the majority of the COuncil, yqu can
remove them anytime."
Mr. Avery suggested that as individual members are appointed,
it could he subject to the pleasure of the Council.
City Attorney Adams said if it was the feeling of the Council
that they wanted to incorporate such a provision, .that possibly an
amended ordinance to that effect should be prepared.
Ordinance No. G-512 was unanimously placed on first reading on
motion by Mr. Woodard and seconded by Mr. Barrow.
9.a. Concerning correcting elevation of a manhole at 218 N. E. 10th
Street, it was reported that corrective measures have been taken to
lower the manhole to ground level:.
Mayor Dietz said he had also contacted Mrs. Page and that she
was satisfied.
-23- 10-14-63
'
9.b. Concerning-the Petition of theCason Memorial Methodist Church
for abandonment of a portion of N. W. 2nd Avenue lying between Church
owned parcels of land, the Planning Board submitted the following
report=
"Re= Cason. Memorial Methodist Church request to have the
City Council abandon a portion of N. W. 2nd Avenue, more
specifically, that part of N. W. 2nd Avenue on the East
frontage of Lots 1 through 6, in Block 41.
The Planning Board recommends that a public hearing be held,
to hear objections or approval of the effected property
owners, and that the church group present a sketch showing
a cul-de,sac on their property which will be deeded to the
city. as a public right-of-way, and that the City Engineer
approves the relocations of any utilities that might be
effected by this abandonment."
Following discussion, Mr. Avery moved that the Plg~ning Board be
directed to advertise and hold a public hearing on this subject, the
motion being seconded by Mr. Woodard.
Mr. Talbot asked ifTthe Council would have an opportunity to
study the. sketch and recommendations before a final decision was made,
and he was informed they would have that opportunity.
Mr. Worthing informed-the Council that City Manager Holland had
a well~defined plan concerning this item and wanted to make a recom-
mendation to theCouncil at such time as the recommendation comes
back to the Council from the Planning Board.
'Upon call of roll, the motion carried unanimously.
9~c. It was~reported that the Plar~ning Board, under date of October
8th, recommends to' Council that a public hearing be held on Lots 18,
19, 20, 2.1, 22, 26 and 27, McGinley.& Gosman Subdivision, to hear
objections or approval of the affected property owners, to the re-
zoning of said lots from R-2 to R-3 classification.
Mayor Dietz ~eminded the Council that action had been taken on
this item under agenda item 8.h.
9.d. It was reported the Council had recently appointed Messrs. Paul
Herig, James I.Sinks, Charles Trieste, Thomas E. Woolbright and
Building ~nspector Ralph A. Hughson as Secretary, to review and submit.
their recommendation, concerning any amendment to Ordinance No. G-246
as appears in Section 9 of the CityJs Code of Ordinances, which said
committee might determine to be warranted.
The following report, dated October 4th, 1963, was submitted to
Council from said Committee~
"The committee that was appointed by Council to study and
make recommendations on the proposed amendment to Ordinance
G-246, which was codified, as Sec~ 9-6.5 and 9-6.6 of the
Code of Ordinances, met on October 3, 1963, at 3=00 P.M.
After discussion it was moved by T. Woolbright and seconded
byP. Herig and unanimously~approved that the present ordi-
nance as codified in Sec. 9-6.5 and 9-6.6 not be changed.
It was the opinion of the committee that the contractors can
control the working hours, on their own.jobs, due to the eco-
nomical feasibility as. created by the existing minimum wage
law, which requires that all laborers receive time and a half
for all hours worked over forty hours per week. The concrete
manufacturers do not deliver their products on Saturday or
Sunday unless an exorbitant fee is collected for this service.
It was also felt that most developers and contractors, out of
courtesy to the tourist, do not schedule any work that might
cause undue annoyance to any winter visitors.
-24- 10-14-63
"After'further-discussion, it was suggested thattheexisting
ordinance be deleted from the records in its entirety, be-
cause it is too restrictive and regulatory to the licensed
contractors, as other annoyances, such as lawn mowers, air
condition units, water skiers, motor boats and owners minor
repairs, are only controlled by the police department after
private complaints are received from individuals who are
distur
It was reported the Ordinance referred to was passed in 1957.
Mayor Dietz said the purpose of the study of this Ordinance was
to see if the controls could be tightened so there would be less
noise, and he was not in favor of repealing same and having no control
It was reported that Ordinance No. G-470, placed on first reading
on .November 12, 1962 and tabled on November 26th.,-1962, provided for
amending Ordinance No. G-246 which was created in February, 1957, and
controlled working hours from 8~00 A.M. to 5:00 P.M., Monday thru
Saturday of each week during the period from December first of each
year to Apr'il 30th of the following year, further, that Ordinance No.
G-470, if passed would have extended the control of' working hours
throughout the whole year instead of )ust from December thru April.
FolloWing discussion, 'Mr, Wood&rd moved to accept'the report of
the Committee, and that no chan~e be made in the existing Ordinance.
The motion was seconded by Mr. Talbot'and carried unanimously.
Mayor Dietz asked that a copy of Ordinance No. G*470 be mailed
to each Councilman for their study, and that said Ordinance be placed
on the agenda of the next regular meeting for action.
lO~a. Mr. Talbotu.said he had a question concerning the bills and
commented as follows: "I would like to bring this to the attention
of the Council and preface my remarks, by saying there is no intim~-
tion or inference that there is anything wrong with the bills listed
payable on the sewer program, however, when I vote for that, on a yes
basis, to pay this money, very frankly I don't know whether it is ten
percent of the contract or whether it is for~'so many manhole~ or-so
many lengths of sewer pipe, or anything, we have no_direct liaison
that explains this to us, and I am wondering if it wouldn't, be good
business, proper business, to have some explanation of what certain
amounts of money'represents. A written explanation."
The other Councilmen were in agreement with Mr. Talbot.
Finance Director'Weber said he had such detailed information wit~
him, and that in the future he would furnish copies of the summary of
the engineers estimate to be attached to the Bills for Approval that
the Council may have them to study.
Acting City Manager Worthing informed the Council that in the
future, in addition to what Mr. Weber mentioned, there would be a fly~
attached to the ~ills for Approval which would reflect the percentage
paid to date and also what that payment reflected.
Mr. Weber explained the Barbarossa & Sons, Inc. bill of $63,991.~
on tonight~s Bills for Approvalas follows= "The Contract price of
Barb&ross& iS $779,899.9?. The value of the original contract work
performed to date is ~249,470.00 and from that' there is retained 10%
or $24,947.00, therefore, the net amount that has been earned on the
contract to date by Barbarossa is the difference of $224,$23.00. we
have paid them to date $160,531.00 leaving a net balance due of
$63,991.69 which is for work performed to September 13th."
Mr. Weber informed the Council that a summary as just given
would be attached to their Bills for Approval in the future.
Mr. John Halstead asked if the Russell & Axon Engineers were
approving all sewer project bills that are being paid and ~was in-
formed that t~eywere.
Mayor Dietzasked concerning an item in theBills in the amount
of$2,$03o00,'John'Ross Adams Trust'Ao.cou~t.,.and Attorney Adams ex-
plained this concerned Council authorization for the. purchase of a
piece of property in Section 20-46-43, and this is the manner in which
it ks desired to be handled.
-25-" 10-14-63
A bill from~City Attorney Adams in the amo6nt of $180.00 was
~resented to Council, covering miscellaneous legal services.
Bills for Approval were presented as follows:
General Fund $ 117,866.28
water Fund - Operating Fund 23,382.35
Refundable Deposits Fund 860.32
Beach Disaster & Improvement Pund 570.00
Special Trust Account - First National
'Bank of Delray Beach 103,453.31
Special Trust Account - Delray Beach
National Bank 99,110.60
Mr. T~lbot moved that the Bills for Approval, together with the
.~, bill from City Attorney Adams be paid. The motion was seconded by Mr.
Barrow-and upon call of roll, Mr. Barrow, Mayor Dietz, Mr. Talbot and
Mr.~wo.odard voted in favor of the motion, and Mr. Avery voted "no" on
account of his employer having a bill included in said bills';
Acting City Manager Worthing informed the Council that City
Maneuver Holland would like their permission to close N. E. 7th Avenue
from N. E.' l'st Street to N. E. 7th Street. That in view of the time
elemen~ and in order to get the proper job done in the desired time
limit, four work crews would be moved into that area with plans to
have it completed in thirteen or fourteen days if Council approval
was received, it being so moved by Mr. Woodard~ The motion was
seconded by Mr. Talbot and carried ~nanimously.
IdJ~,~.Woodard asked if there hadbeen any notification tO the
~o~'~as~to when N. E. 2nd Avenue would be paved, and finding that
the~e, was no such notification, moved that the'City Administration do
e~e~thi~g possible to expedite coordination with the Engineers to
~ paving on N~ B. 2nd AVenue from 3rd to Sth Streets. The
was seconded by Mr, Avery and carried unanimously.
~ The meeting adjourned at 11:06 P.M. by order of Mayor Dietz.
~. D. WORTHING .....
City Clerk
APPROVED:
MAYOR
AN ORDinanCE
CITY MANAGEROF SAID CITY,
GRADING AND PAVING OF THAT PART OF NORTH~ ~
WEST TWE~ AVENUE LYING BETWEEN ATLANTIC
AVENUE ANII NORTHWEST SECOND STREET TO A
WIDTH OF TWENTY-FOUR (24) FEET, SAID AS-
SESSMENT ROLL BEING ATTACHED HERETO AND
FORMING A PART
WHEREAS, the City Manage{ of the City of Delta,
rida has, in pursuance to the Char~er of said City,
City Council for approval, a report of the costs, and the ass~
roll for the grading and paving of that part of Northwest
Avenue lying between. Atlantic Avenue and Northwest
w~dth of twenty-four (24) feet.
WHEREAS, said report and assessment roll was
-the City Council in regular session on the 23rd day of
1963, and
WHEREAS, due notice concerning said assessment
given by advertisement, by the City Clerk, in
Charter of said City, for the purpose of hearing objections
assessment roll, and
WHEREAS, no sufficient objections were received to
firmation of said assessment roll,
NOW, THEREFORE, BE IT ORDAINED'BYTHE CITY COUNCIL 0f the
City of Delray Beach, Florida, as folI~ws:
SECTION 1. The assessments, as shown by said assessmen%
roll which is annexed hereto and made apart hereof,
~evied against the properties shown'and in. the amounts
assessment roll, said assessments tO be paid in three
,~nstallments, together with interest &t'the rate of 8% per annum;!
£!rst installment becoming due and payable on
and on the for'the~e~
said special assessments, so levied, shall bm ali
assessments become effective,, upo~ the respective lots
land described in said assessment ro11, of the same naturea
same extent as the liens for general C~ty taxes, and sha~l be
ible in the same manner and with the same unde=
provisions as to sale and forfeiture as City taxes
PASSED in Regular Session on second and final1 read~ng~on
this the l~th day of 0ctobe~ ,1963.
/S/ WALTER DIETZ
MAYOR
ATTEST.', /,S/ ~. D. W0RT~NS
City Clerk
First Reading
Second
86~
ASSESSMENT ROLL
For t~e ff~,.~ing ~and paving of that part of Northwest ~we,1~.Avenue
lying b~n Atlantic Avenue and
Second
w~
Blo~A"~?~7~t il Alexander Simon 140.00 ~3.167~33 ~443.45
Block !-- ~' 21 ~sley & ~na 56.68 " ~79.53
Johnson
Slock ~ - ~t 22 'Andrew, J. a 50.00 " 158,38
Block 1 - ~t 23 W~~ F. Bassie
Estate - ' 50.00 " 158.38
Block ~, ~ 24 Hannah Brt~an 50.00 " 158.38
Bloc~~ ~ ~t 25' ~y M. Simon 50.00 " 158.38
Block ~t ,26 Alexander S~, A 50.00 " 158.38
Ltnda S. Eassa
Block 1-- ~ 27 Belie ~o~s 50.00 " 158.38
Bloek I - ~t 28 ,'~mbert H. a 50.00 " 158.38
Block 1 - ~t 29 David'and'Ad~le 56.64 " 179;41
L. Berlow
~ct[on 17-46-43
E% Of S;E. % of ~t'- Okeh a Arv~lla 263.69 " 835.25
2 less N 50~ of S. M~t~e11
20.0.' of E. 150' a
less W 50~ of E.
224.73~ of S 125~
m less E 25~.'~
less S 25' ~W
N 50' of S200~ of A~a B. Jones 50.00 " 158,38
E 150' of ~t 2
less E 25' ~
Fairla~
Block 2 - ~t 9 Ellen D. Wigh~an 71.72 " 227.17
Block 2 - ~t 8 Ellen D'. Wiqh~ 71.00 " '224.89
Block 2 - ~t 7 Ellen"D. Wi:gh~n 71.00 " 224.89
Sectign 17-46-4~
N 125~ of NE% of I.C, a Henr~%t2a 100.00 " 316.75
~t 2. less W572.28~ M.
a less N 25~ ~
& less E 25~ ~
Pine Crest
: ~Block 1 - ~tS I C.S. & Hattle 113.71 " 360.18
& 2 Ru~ Pompey
Block I - ~ts 3 A~te Mae 100.00 " 316.75
&4 Cle~nts
Block I - ~t 5 E~el S~tt 50.00 " 158.38
Block I - ~t 6 Hazel Do~rd 50.00 " 158.38
Sec~'~' 17-46-43
N 80~ Of W 150" of ~m a ~ 80.00 " 253.40
Page 2 - ASSESSMENT ROLL
DESCRIPTION O~ ' OWNE~R FRONT ~RONT..FT~ TOTAI~
p~O~ERT~. .F~OTAGE ASSESSMEN? ASS'M
SE~ION 17-4~4~
(~a~ie ~e)
w 135t of S~ of ~ Maggie Rolls 58.00 $3.167533 $183.72
of ~t 6 less N 80'
& Less S 200~ a less
w 25' ~
N 50' of S 200' of Rebecca Co~:- 50.00 " 158.38
W 135' of S% of N~ man
of Lot 6 less W 25'
N 50' of S 150' of John S. Meade, 50.00 " 158.38
W 150' of S% of N% Jr.
of ~t 6
N. 50' of S 100' of ~ester E. & 50.00 " 158.38
w !75' of S% of N% Ca~erine T.
of ~t 6 less W 25' Billings
S. 50' of W 135' of E~el Scott 50.00 " 158.38
S% of N% of ~t 6
less W 25' ~W
~idden
Block 4 - ~t i P.D. ~t~ens 53.00 " 167.88
less w 10' ~
Atlantic Pines
Block 1 - Lot 25 ~die & Adrena 45.4 " 143.80
~rner
Block I - ~ts 26 Amy McKenzie 80.00 " 253.40
& 27
Block 1 - ~t 28 A. Simon 40.00 " 126.70
Eflssa
Block i - ~t 29 Donnie & 40.00 " 126.70
Catherine
Weatherspoon
Block 1 - ~ts 30, L.C. a 120.00 " 380.10
31 & 32 ~rothy
Wea~erspoon
Block 1 - ~t 33 Clara a 40.00 " 126.70
Berdean Andrews
Block 1 - ~t 34 Moss & 40.00 " 126.70
ClarenCe Miller
Block I - ~t 35 Earnest & 40.00 " 126.70
Bernice B~d
Block I - ~t 11 Alexander 130.00 " 411.78
Simon Eassa
2,510.84 $7,953.17'
Resolution No. 1453 $ 46.20
Contract - Hardrives 8,758.75
Ordinance Caption (Est.) 7.70
Assessment Roll {Est,) 24.20
$8,836.85
Less 10% City share of cost 883.68
per ~s. No. 1453
* 90% ~ ~ assesse~ $7,953.17
ORDX~NC~ NO.
CITY OF D~Y B~CH, F~RZDA~ ~G
~Z~ 29-15 OF T~ CI~ ~ OF
~CES PERTAINING ~ ~ PA~ OF
~S, the City Council of the C~ty of ~lra~ ~gach,
Florid9; ~e~s i~ in the best interests of the residen~s o~ the
City t~ '~ect~on 29-1~ of the City Code of 'Ordinances partaining
to the~'~k~ng of trailers be ~ended, ~ r
~W, T~~* BE IT O~AI~ BY T~ CI~ ~CIL OF
~ CI~ OF D~Y B~CH, FLO~, AS F~LOWSt
EE~ZON 1. That Section 29-15 of the Code of 0=d~nances
of the ~i~y of Delray BeaCh, Florida, be ~ended to' read'~ rol-
l.s:
See. 2~-15. ~arkin~ o~ metoz tzaileza; uae o~ s~e as livin~ ~aztezs.
(a) Definitions
~ithin the meanin~ o~ this Section the woz~a "motor
~=aile=" shall ~e ~d the a~e aze hezeDM ~e~ined aa ~oll~s:
o~ the vaz~a t~es o~ vehicles with o~ without ~toz p~ez
designed to ~e t~ed with ~ automoMi!e, $~ adapted to ~aa
h$itation eithe~ ~oz the purpose o~ slee~l~ oz eati~ o= pre-
pa=ation o~ ~eals, o= ~th. o= adapte~ ~o ~e uae o~ am
oz ~oz the pu~eae ~ caz=yin~ on
~ motoz ~zailez e~ipped te t~avel upon the p$1ic ~-
ways~ aa defined in pa=a~=aph ~a~, shall be kept ~thin the
~o= moze than ~wo hours unless much vehicle ia kept in an enclosed
saza~e, oz umleaa smeh vehic~ ia ~etained Because e~
he.nd the c~n~zol o~ ~he ~e=ato~ an~ ~u=thez p=~vided that no
automOBile t=ailez, vehicle oz conveM~ce, as desezi~ed
e~ipped to tzav~l en She ~lie hi~aMs s~all Be kept ez
on Ocean ~ou!e~azd ~ the citM ~ the so~h city limits ~ the
no~th citM limits (inclu~in~ any ~it~ parkiD~ lo~S a~jaee~t
to) Eoz mo~e th~ thizt2 minutes unless much ve~i~le is
the=e due to ci~c~ataaoes ~eMond ~he con~z~l o~ ~e
~in~ ~ch time in which much vehicle shall Be ~azked, it Shall
De unlawful to ae~e anM m~ls involvin~ the e~kin~ ~
(c) Use as livin~ ~mztezs pzohi~ited~ exceptions
(1~ No motor t=ailez or conveyance designed oz
e~ipped to he used as a t~azy oz ~e~ent residence mhall
he used aa livin~ ~arters in a zeai~ential. ~usineaa oz similarlM
h~ilt-up azea within the city limits. S~h tzailezs may he used
to ~uae ~ploMees on ~o1~ couzses located in outlMin~ azeas
the city~ and on similazlM located p~opezty, pz~idin~ the Eol-
l~in~ re~iz~nta aze met:
maintained at all times.
(b) Such mobile h~ea oz tzmilezs shall be
placed in sacluded areas ~hich would not ~istuzh adjacent pzoperty
owners in the use of their land.
(c) Sanitary facilities, water supply, and
electric power supply shall meet all existing standards.
(2) Any person desiring to locate and use mobile
homes or trailers as outlined above shall make application to the
City Council for approval. A public hearing will then be held
as under conditional use procedures.
(d) Permitted use by general contractors
A motor trailer, as ~ef£ned in paragraph (a) herein, may
be used by a General ContractOr in connection with a project when
said trailer is equipped and used as a field office, providing the
General Contractor obtains a permit from the City Clerk for such
use, the period of time covered by the permit beginning five days
before actual construction is begun and ending five days after
the construction ia completed, it being understood that the con-
struction will be completed in a reasonable length of time.
(e) Use as mobile office; exceptions
Any person desiring to use a motor trailer which is
designed as a mobile office as distinguished from one designed for
human habitation may make application to the City Council for
approval. A public hearing will be held as under conditional use
procedures.
Passed and adopted the ..l~th day of 0ctob~r ...... , 1963.
WALTER
DIETZ
ATTEST:
/$/ R..D. MORTH!N~
City Clerk
1st Reading ~pt~m~er 2~, 1963
2nd Reading .0.~tobe~ 1~ 196~.
ORDINANCE NO.- G-506.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LANDS LOCATED IN
SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
WHICH LANDS ARE CONTIGUOUS TO EXISTIN~MUNICI-
PAL LIMITS OF SAID CITY; REDEFINING THE BOUND-
ARIES OF SAID CITYTO INCLUDE SAID LANDS; PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LANDS; AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, BRENCO, INC. is the fee simple owner of the
property hereinafter described, and
WHERF2%S, the said BRENCO, INC., by its petition, ~s
consented ~nd given permission for the annexation of said p~operty
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
Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS=
' SECTION 1. Thai the C ty ¢0 cil'0f the City of lray
Beach, Palm Beach Co~nty.,~ Florida, here~y 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, T°W~ship
46 South, Range 43 East, Palm Beach County,
Florida, described as follows:
Lot 44, Lake Shore Estates, per Plat Book '25,
page 26, Public Records of Palm Beach County,
Florida. '
Commence 48 feet North of the intersection of
the East line of Section 5, Township 46 South,
Range 43 East with the North line of the S½
of the S% of the SE% of SectiOn 5-46-43; then'ce
684 feet West on a line 48 feet North of and
parallel to the North line of the S½ of the S½ of
the SE% of said Section 5 for point of beginning;
thence West on a line 48 feet North of and paral-
lel to the North line of the S½ of the S½ of the
SE% of said Section 5 to Point of intersection
with the Northerly projection of the Westerly
right-of-way line of Lake Drive; thence Southerly
a distance of 60 feet to the Northeast corner of
Lot 1, Lake Shore Estates, per Plat Book 25, page
26, Public Records of Palm Beach County, Florida~
thence Eastward on a'line 12 feet South of and
parallel to the North line of the S½ of the S%
of the SE½ of said Section 5 to a point 684 feet
West of the Easterly line of Section 5-46-43;
thence Northerly a distance of 60 feet to the
point of beginning;
Og*
462-I
Page 2. Ordinance No. G-506.
Also, the rights-of'waYs of Lake Drive, N. W.
4th Avenue, N. W. 3rd Avenue, N. W. 2nd Avenue,
and N. W. 1st Avenue as appear on the Plat of
said Lake Shore Estates, per Plat Book 25, page
26, as appears in the Public Records of Palm
Beach County, .Florida.
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.
SECTION 3. That the tract of land here~nabove first
described is hereby declared to be in Zoning District R-1AA, as
defined by existing ordinances of the City of Delray Beach,
Florida.
SECT~ON 4~ That the lands here.inaboVe described shall
immediately become subject to all of the franchises~ privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or maybe', 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 iilegality shall in no
way affect the remaining portion.:
Passed in regular session on the second and final read-
ing on this the l~th day o£ 00tober, 1963.
MAYOR
ATTEST:
/S/ R. D. WORTHING City Clerk
1st Reading September 23, 1963
2nd Reading 0ctpber 1~ 1963
4~-~
AN ORDINANCE OF THE CITY COUNCIL OF THE
OF DEL~Ay BEACH, FLORT'DA, ANNEXING TO THE
CITy OF DELRAY BEACH CERTAIN LANDS LOCATED
IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 4~
". EAST, 'WHICH LANDS ARE CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY: REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LANDS: PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF' SAID LANDS: AND PROVIDING FOR
THE ZONING THEREOF.
WHEREAS, the ROB-E CORPORATION, a Florida ¢o~poration,
is the fee simple owner of the property 'hereinafter desC=~bed, and
WHEREAS, ROBERT L. MOORE and EDITH C. MOORE, his wife
are the owners of property hereinafter described, and
WHEREAS the said corporation and ROBERT L. MOORE and
EDITH C. ~0~..~, his wife, by and through their attorney,
petition~,' ~onsented and given permission for the annexa~i~n 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 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 annexe~ to said City the
following described tracts of land located in Palm Beach County,
Florida, which lie contiguous to said City, to-wit:
The South 110' of the East 133~ of Lot 25,
Model Land company SUbdivision in Section 9,
Township 46 South, Range 43 East, according
to the plat-thereof, recorded in the. Office
of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, plat book 8,
at page 40~ and
Beginning at a point ~n the south line of Lot 25
of the Subdivision of said Section 9, according
to the plat thereof recorded in Plat Book 8,
Page 40, PUblic Records of Palm Beach County,
Florida, at a distance Of 133 feet westerly,
measured along' the south line of said Lot 25,
from the southeast' Corner thereof~ thence
westerly, along the south line of Lots 25, 24
and 11 of said subdivision, a distance of 750 feet,
more or less, to a point in the easterly right
of way line .of the Intracoastal waterway~ thence
northerly, along said easterly right Of way line,
a distance of 103 feet, more or less, to a point
in the westerly extension of the southerly line
of a yacht basin! thence easterly along the said
westerly extension and along the waters edge of
the eoutherly line of 'Said yacht basin, a distance
of 738 feet, more or less, to a point in a line
running northerly from the point of beginning
parallel to the east line of said Lot 25, thence
southerly, along said parallel line, a distance
of 110 feet, more or less, to the point of beginning.
462-K
Page 2 - Ordinance No. G-508.
Section. 2, That the boundaries of the City of Delray
Beach, Florida, a~e hareby~radef~ned so as to include therein the
above described tracts and parcels of land, and said lands ara hereby
declared to be within the corporate limits of the City of Delray
Beach, Florida.
Section .3. That the trac~s of land hereinabove de-
scribed are hereby daclared to be in zoning District "R-3", as
aefined by existing ordinances of the City of Delray Beach, Florida,
and subject to a twenty (20~) foot setback from front property line.
S~io~,4. That the owners will dedicate the'South
twenty (20') feet of said Lot 25 for public roadway with a Cul-De-Sac
at the west terminal thereof and further provide for granting an
easement over the South ten (10') feet of Lots 24 and 11 of said
Model Land Company Sub. in Section 9, Tovalship 46 S., Range 43 E.,
for ingress and egress to the wast boundary line of said property,
and shall further provide for an easement over the North six (6'}
feet of the South twenty-six (26') feet of said Lot 25 for utility
purposes.
S~ion 5. That the lands hereinabove described shall
immediately become subject to al! of the franchises, privileges,
immunities, debts (except the existing bonded indebtedness}, obli-
gations, liabilities, ordinances and laws to which lands in the City
of Delray Beach are now or may be, except for the provisions of
Section 4 hereof, and persons residing thereon shall be deemed
citizens of the City of Delray Beach.
$~ctio~ 6. That the over-hang from any building which
over-hang is without vertical support and which does not extend from
the building more than 8 feet shall not be considered for set back
requirements= and that buildings may be erected to any sea wall ~hich
is built along the north line of the second property above described~
and that the assessed value of such land shall be on the basis of
~1500.00 per acre until such portions thereof maybe improved or sold.
Section 7. 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
effect'the remaining portion.
This Ordinance was placed on first reading by this City
Council at a Regular meeting held on Sept. 23, 1963, and said Council
will sit in the Council Chambers at the City Hall in Regular session
on Oct. 14, 1963 at which time the above Ordinance will be considered
and all persons interested shall be given an opportunity to be heard.
Passed in Regular session on the second and final reading
the 14th day of October, 1963~
MAYOR
ATTEST, .. ~.
City Clerk ' ' '
let Reading Se~.t.embe.r. 23, .~1963. ~'.~
2nd Reading .. Oc.t0ber 14, 1963