11-12-63 NOVEMBER 12, 1963.
A ~ular meeting of the City Council of Delray Be~h was held
in the ~9~!--~i1 Chambers at 8,00 P.M., with Mayor Walte='~tZ in the
Chair, e~ Manager Robert J. Holland, City Attorney J0b~{~oss Adams,
and Co~1~,n A1 C. Avery, Emory J. Barrow, George ?a~' Jr., and
Oliver ~?~odard, Jr., being present.
1. An ~pening prayer was delivered by the Rev. Paul W. Gess.
1.a. MaY0~ Pietz said he would like to bring up an ite~ concerning
the sanitaF~ sewer Project at this tf~ since ~. Georg~ ~ssell and
Mr. Frank'0~teen of Russell & Axon, Consulting Engineers~ha~ been kind
enough to ~me to Delray Beach for the meeting tonight concerning this
item. M~r Dietz then asked ~e City Clerk to read ~e ~ollow~ng
letter f~Om. Cleary Brothers Construction Company, signed ~y Vice Pres-
ident E~h'~JenkinS, and dated Novem~r 8, 1963.
"~e~ Sewage ~rks Project
: Delray Beach, Florida
~is refers to letters from Russell & Axon, Inc., dated
~tober 15, 1963, October 21, 1963 and October 24, 1963,
which, we understand were authorized by the City of Delray
Beach.
We have been advised thatthe instructions therein contained
are, in substance, an:order to cease work, rather than a re
scheduling, which is not provided for in the contract docu-
ments where tourism only is involved.
we, therefore, contemplate no such ~rk stoppage."
~yor Dietz informed the Council that in the Contract on Page
G. C. 7, paragraph 4.a. status of Engineer, it is now necessary to
turn the meeting over to Russell & Axon for their advice as to how
the City will proceed.
~. George Russell, Executive Vice President of Russell & Axon
commented as follows: "On ~e matter of the letter from the Cleary
Brothers Construction Company, I am not an attorney but I am an engi-
neer, and as I read the Contract,the City has t~ alternates. One is
to accept ~estatement of the Contractor, which we certainly under-
stand it is not the desire of the Co~ission, and two, as far as I
can see, is to act ~der page G. C. 5, paragraph 3.g. Te~ination of
Contract, (1) Cause of Action, as follows:
'If any proceeding in bankruptcy or receivership is co~enced
with respect to ~e Contractor, or if the.Co~tractor makes a
general assig~ent for the benefit of his creditors or becomes
insolvent, or if the ~ntractor fails to co~ence work when re-
quired, or so fails to progress with the work as to endanger
its completion within the time specified in this Contract, as
such ti~ may be extended pursuant to this Contract, or fails
to complete the work wi~in such time, or fails to comply
promptly with any written:order properly issued by the ~er
pursuan~ to this Con~ract, or otherwise c~its any substantial
breach of ~is Contract, the ~er ~y, u~n certification of
the ~gineer that sufficien~ cause exists to justify such action,
terminate the Contract°r'8 right to proceed with the work under
~his Contract. 'Any such termination shall beeffected by deliv-
ering a notice of te~ination for default to the Contractor and
his sureties or by mailing such notice to them at their address
last ~o~ by the O~er, provided that seven (7) days or more
"prior.~to delivering or mailing any such notice, the Engineer
shall deliver or mail to the Contractor and his sureties a
notice of intention to terminate for default specifying the
conditions which make termination imminent.'
Since it ia our understanding that you have no desire to accept
this letter as it stands, we as engineers would recommend that you
follow the letter of this particular clause and give notice to the
Contractor of the intent to terminate. I would recommend that you
give them two weeks rather than seven days, and also indicate in the
letter that you are willing to meet with their Bonding Company and
discuss the matter. ~he specific reason is for the refusal to accept
a properly executed written order."
Mayor Dietz said that written order was from the Engineers and
at the direction of the owner.
City Attorney Adams said apparently from that statement the
Engineers are certifying that the City has just cause to act under
said provision of the Contract, and that the Engineers are to provide
for said notice 'to the Contractor.
During discussion, City Attorney Adams explained as follows:.'
"To clear it up for the public, we did have a meeting this week with
the contractors, and although I still feel there ia a fine chance that!ii
maybe something, can be worked out, we did try to settle it last week
and this letter was a result of what we thought we were settling, so
probably this step is indicated."
Mayor Dietz explained that this is a step which the Engineers
tell the Council is in line with the Contract which is being operate(~
under, and said the Chair would appreciate a motion authorizing Russell
a Axon to proceed With their letter of intent to terminate as they
suggest, it being so moved by Mr. Talbot. The motion was seconded by
Mr. Barrowand unanimously carried.
Mr. Russell informed the Council that the letter of intent to
terminate would be taken care of.
1.b. Mr. Woodard commented as follows: "Following the daily progress
of the sewer program, I would like to recommend tonight that the
Council instruct the Engineers, Russell & Axon,to direct the Contractors
that they cease laying pipe at the nearest ma~hole'until such time as
they clean up and get back in its original shape the area that is now
~Orn up. The City Manager and I and the City Engineers have been
attempting to get this area cleaned up for the touzist season and it
is not being done quickly enough and I feel the only way we are going
to get this thing done quickly enough is to simply tell them no more
construction until the thing is cleaned up and put back in shape."
Mr. Avery asked if this could be done legally.
Mr. Steinhilper commented: "The items the Commissioner brought
up have been gone over withthe Contractor and have been gone over with
the Commissioner and the CityManager. The Engineers recommend exactly
what the CommissiOner has just brought up."
Mayor Dietz~askedif the Engineerswould proceed according to
that, to which Mr. Steinhilper answered: ,'At the Council's direction."
Mr. Woodard commented: "I would also like to add that this does
not mean that the Pavingwould cease.~ this would continue as rapidly
as possible. It also does not mean that the work on Lift Stations 17
and 18 would cease. That would be ~ompleted as quickly as possible
and then cleaned up and gotten r~ady for the season, and at such time
as work would continue, it would continue as originally rescheduled
by the re~eduling as affected by the tourist season. They would
only work in the non-tourist areas."
May~= Dietz commented: "Since Mr. Steinhilper say~ he wants
some aCt!~ from the Council we must be careful now that ~e action
we are giving him is in accordance with our contractual rights so that
we don't ~cur any additional liability by way of expenses. Have you
a motion ~$ear in mind or would Mr. Steinhilper help us with what he
wants from the Council?"
Mr. ~teinhilper: "I think Just about what we coveNed this
morning wiX1 cover it. The contractpr specifically in question is
Barbarossa & Sons, and they should be directed not to l~y sewer line
construction but to concentrate their efforts in clean-up items and
the rest of the items as the Commissioner covered. This iS ~ithin,
in my OPiniOn, the limits of the contract."
M~. WOodard so moved, the motion being seconded by Mr. Avery.
.Mr.. Talbot asked Mr. Steinhilper if it would be we!l to withhold
some of the payments to the contractor until some of the work discussed
had been completed,
Mr. Steinhilper said his first recommendation is to stop the
contractors forward work and then if he-does not_comply, take more
stringent action, but that he believes if the Council takes the action
that has just been moved, the problem will be solved, further, if that
does not solve the ~roblem, his next recommendation would be to with-
hold payments. Mr. Steinhilper informed the Council he had been
assured the clean-up crew would be doubled and efforts would be quad-
rupled, and that the contractor is making headway in their clean-up
program. City Manager Holland informed the Council that in touring
the City today there is much evidence of the clean-up program.
Mayor Dietz said there is no curtailment of payments under this
particular motion. Following discussion, and upon call of roll the
motion carried unanimously.
1.c. Concerning paving, Mr. Woodard said the work on N. E. 2nd Avenue
is underway and 7th Ave~ would follow shortly, and asked if there
was any way the progreS~ ~n Venetian Drive could be speeded up, or
would it have to wait until the paving on 2nd and 7th Avenues was
completed?
Mr. Steinhilper informed the Council that.he was not prepared
at this time to say.what action the Cleary Construction Company will
take, but there was more than one machine that could be used for
paving.
City Manager Holland informed the Council th~%.he had toured the
City today and feels there is no reason for some of the ~Xisting condi-
tions, and the streets should be made accessible to the ~ublic. Mr.
woodard said the sub-contractor should be contacted concerning paving.
2. The Council minutes of the regular meeting of October 30th and
special meetings of November 1st and 5th were unanimously approved on
motion by Mr. Woodard and seconded by Mr. Barrow.
2.a. Mayor Dietz made the following statement: "With due deliberation
this Council, by unanimous vote, accepted a recommendation from the
Cou~%cil appointed Parking Committee solving the parking problem. Since
this action, questions have been raised about the present day value
of lots involved creating and leaving the impression that the City
was being short changed. Therefore, the Chair would like to suggest
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to the Council that an indepenOent appraisal be made, and if the
appraisal is made and if the values are equitable as our study showed,
we proceed, and if the appraisal shows this exchange not to be reason-
ably equal, on present day values, a further study be made. I think
that thie might place the Council in a position in which it finds it-
self now where the public may feel that the Council, even though by
unanimous vote, is acting on something in which the City is not getting
its value and ! thl~k it would be very smart, gentlemen, to have such
an independent appraisal."
Mr. Wood&rd said he concurred with the Mayor and would like to
move that an independent appraiser from West Palm Beach be hired to
appraise the four pieces of property involved in this proposed exchange
agreement. Mr. Woodard continued: "X think this will help to alle-
viate any doubts which have arisen Just as you have stated. I wilI
reiterate these four tracts for the records and this should be included
in the motion.
The first tract is City owned property lying to the South of S.
E. 10th Street and to the West of S. E. 5th Avenue having north-south
dimension of approximately 306' and a depth of 150 feet from S. E.
5th Avenue to the West.
The second tract is the City owned property lying to the South
of S. E. 10th Street between 5th and 6th Avenues.
The third tract is the South 7 feet of.Lot 6, and lots 7, 8, 9,
10 and 11, Block 117, less the West 5 feet thereof.
The fourth tract is a composite piece which will run from Sth
to 6th Avenue in Block 109, being the South 24 feet of Lot 8 and all
of lot 9, leas the South 24.5 feet thereof, also lot 16 and the North
25.33 feet of Lot 17."
Mr. Barrow seconded the motion and said he did not want to see
the people of Delray Beach short-changed but would like to have parking
for the benefit of the downtown merchants, further, he felt the onIy
fair way would be to hire an outside appraiser to appraise all of the
property involved. Mr. Barrow commended Mr. Wood&rd on the fine work
he had done on this item.
Mr. Wood&rd said the basis of appraisal for these properties was
done by the Ehrenborg Company in 1961 and indicates that the property
values are-equitable.
Mayor Dietz stated that Tax Assessor Worthing concurred with
the fact that the properties were relatively fairly assessed, and he
did not want the public to get the idea that the Councl! unanimously
acted on the exchange of properties without the necessary research
and that he would be surprised if an independent appraiser presented
anything different based on todays values.
City Clerk Worthing informed the Council that walter R. Puckett
and~nderson & Cart of West Palm Beach are members of the Real Estate
Appraisers.
Mr. Woodard added to his motion that Walter R. Puckett be con-
tacted for this work and if he is not available that Anderson a Cart
be contacted. Following discussion, Mr. Wood&rd amended the motion in
that ~he appraiser who could assign hie crew to this job at the earli-
est date would be hired to dO the job at $100.00 per day. Mr'. Barrow
accepted the amendment to the. motion in seconding same. Upon Call of
roll the motion carried unanimously.
~oncerning funds to cover the cost of hiring an appraiser,
-4- 11-12-63
Finance Director Weber suggested that $500.00 be transferred from the
Contingency Account to Streets, Alleys and Sidewalks ~ACcount No. 910-
321-410 for this purpos~ and that any unexpended money from that
amount C0~1~ be transferred back to the Co~tingencyAcco~t, or if
$500.00 W~e ~ot sufficient, an additional amount coUld be transferred
th9 ~nti,gency AccoUnt, it being so moved by Mr. W~,odard.
from
The
motion was seconded by Mr. Talbot and carried unanimou~[~,
City Clerk Worthing suggested to the Council that they provide
for a ti~l~ chain and survey of the City's property sou~h of 10th
Street w~ch would eventually be needed, the cost of sam~ to apply
against th~..~ ultimate. . title research, further, that thislwould have to
be prov[de~ both for the surveyor and the City, apd au~=~zation for
such is~=~ested at this time, and will be processed bY~e City
Attorney,
C~ty Attorney Adams informed the Council that said pNoperty was
acquired by the City in 1930 and that he does not find an~.record of
title i~s~rance or title opinion from any attorney, and~ is desired
that auth6riZation be given for a title chain which wo&%~cost
proxima~e~~ $50.00 and said amount could be applied toward any title
insuranC9!~hat the City would have to give in the event'~he property
exchang~ .was affected, further, a survey would be necessary on one of
the prqp0sed property exchanges and that an accurate survey would also
help the appraisers in their work as there is a footage differential
on one piece of the City property, it being so moved by Mr. WOodard.
Further the $50.00 expense be transferred.from the Contingency Account.
The motion was seconded~ by Mr. Talb0t and carried unanimously.
3. Mr. William George informed the Council that he had been listen-
ing to this meeting on the radio and was very much upset over the
Council deciding to hire an outside appraiser concerning the proposed
property exchanges. Further, the City had paid an outside appraisal
firm $21,000.00 in 1961, whose assessments had been accepted by the
property owners of Delray Beach, and that parking provisiOn is neces-
sary for the doWntown business area.
During lengthy comments and discussion, Mayor Dietz said he
believed the audience sees full well that the Council is trying its
best to act and solve a problem, but at the. same~.time the Council has
to be sure that people feel the City is not being short-changed.
Mr. George complimented the Council on ~l%~'p~eaning and prepara-
tion they had done on the parking problem an~' p~ope=ty exchange up to
this time.
3. Mr. Edwin Traver of 243 Dixi~ Boulevard informed the Council that
he is interested in the sanitary condition of a portion of Block 21
where he owns some rental property, and that since acquiring this pro-
perty he had contacted several Councilmen and City personnel concern-
ing this problem. Block 21 is 'an unplatted block and being sold and
divided bY metes and bounds there appears to be a strip of ground that
belongs to no one and varies from 17.2 feet to as little as 2.2 feet
approximately in the center of the block. Mr.-Traver said he believed
this would be cleaned very quickly now as the Health Department is
going to reqaest or order this strip of property cleaned up, and that
eventually oWnership o'f this property will have to be established.
Mr. Avery said he thoUght the City should take steps to ascertain
ownership of this property, and steps taken for the City to procure
the land or to set it ~p so abutting property owners can procure the
land and a~ked the City Attorney what action should be taken to accom-
plish this.
City Attorney Adams said the Council could direct the City
Manager to take whatever steps are necessary to ascertain the title
-5- 11-12-63
and see if it can be acquired by the City, it being so 'moved by Mr.
Avery. The motion was seconded by Mr. Woodard and carried unanimously.
Mr. Avery informed the Council that an intolerable condition
exists at the present time on said strip of property, that the State
Board of Health has ordered the abutting property owners to .clean
their property and this strip is a menace to public health. Mr. Avery
moved that the City Manager be directed to move in and clean this pro-
perty forthwith. Mayor Dietz asked that Mr. Avery include in his
motion that a picture be taken of said property before it is cleaned.
Mr. Woodard said for discussion purposes he would second the
motion, and asked the City Attorney if the City could go onto private
property. City Attorney Adams sai~ he believed the City could go on
the property if it was declared a nuisance. Mr. Woodard ~he~ asked:
"we do have the legal right to go onto the property then?" City'
Attorney Adams answered: "Assuming the City makes every effort to
find out who the owner is and cannot find out, they would have such
right."
City Manager Holland informed the Council that he had inspected
this property, that it did need to be cleaned, and upon such directive
from the Council said property would be cleaned.
Upon call of roll, the motion carried unanimously.
3. Mr. Lelius H. Chapman of 235 N. E. 10th Street informed the
Council that he hadthat street number for many years and when the
house numbering Ordinance was changed a couple of years ago he was
given the choice of 229 or 231, but since he had 100 foot frontage
he was entitled ~o any one of four numbers and desired to keep No.
235, further, a new duplex to the East of his property had been given
the number of 235 and 237 and he had been getting the mail intended
for the perry to the East of him.
Building Inspector Hughson reviewed the procedUre leading up
to the' Ordinance Amendment concerning house numbering and said it
caused many house numbers to be changed and there were many complaints.
Following .discussion, Mr. Avery said in view cf the fact of the
existing properties there and because there is no possibility ~f
changing on account of relationship ko vacant property, he would move
that Mr. Chapman be given 235 and the duplex next door be given 237
and 239.- The motion was seconded by Mr. Woodard and carried unani-
mously.
3. Mr. Cliff Baker, 702 S. E. 4th Street, informed the Council
that he and his neighbor to the North intended to install a seawall
along their property and the 25 foot right-of-way of N. E. 4th Street
existed between their properties. Mr. Baker asked if the City would
consider installing a seawall along their 25 feet which would cost
approximately $350.00 as it was not practical to leave that area un-
protected, further, the shore is being eroded at that location. Mr.
Baker reminded the Council that a lift station is supposed to be in-
stalled within this 25-foot right-of-way not too far West of the
canal and the seawall would be a protection for that. Mr. Baker also
requested that a catch basin be installed at the corner of S. E. 7th
Avenue and 4th Street as the water drains from S. Eo 6th Avenue down
4th Street an~ stands, on his lawn and it is his understanding that
surface water is not desired in the new sewer system.
City Manager Holland informed the Council he felt the install-
ation of the seawall was essential for the protection of the lift
station proposed to be installed in the 4th Street right-of-way at
that location.
Mr, Baker informed the Council that during the thirteen years
he had lived at that location, the land had eroded about fifteen feet.
Mr. Avery said that since this seawall is needed to protect the
lift station could the cost of same come from the sewer ~d. Mayor
Dietz sa~d he couldn't answer that, and hopes the Counci~ Would not
act on a ~ter of that importance at this time but~would ~tudy the
situatic~?
Mr. Avery moved that the City Manager make a study of this item
and come to the Council with recommendations as to what work. should
be done and where the money wouid come from. The motion was seconded
by Mr. T~b~t and carrie~ unanimously.
3. Mr. John Kabler complimented the Council on its action tonight
in securSng a professional appraisal on all four parcels of land in-
volved i~ the proposed exchange of properties as his pri~c%ple reason
for attendfng~the meeting tonight was to request that s~ch action be
taken o$:~hat it be referred to the Board of Realtors. 'M~ Kabler said
that a real estate trader would always consider the potential of every-
thing h9 tSades or buys, and feels it within reason to request said
apprais~1%he City will secure set forth in some degree ~ potential
of each:~:the four parcels involved. Further, since his ~ast dis-
cussion with Council he had arranged for a meeting with the Chamber
of Commerce which they have invited all members of the Council to
attend. Mr. Kabler .urged the Councilmen to attend that meeting this
coming Friday noon, as when an issue of this type arises and there' is
fUll debate on it, he feels more can be accomplished in the end by the
cooperative effort of everyone involved.
Mayor Dietz informed Mr. Kabler that he planned to attend a
Florida Development Commission Meeting in Pompano, Friday, concerning
area development.
3. Concerning Mr. Kabler's comment on the appraisal of property,
Mr. Robert Gracey said he is in favor of the appraisal but does not
think the Council will find an ethical appraiser who will conject
future values and if that is a condition of the appraisal does not
believe an M.A.I. appraiser would make the appraisal. Mr. Gracey
commented further: "What the M.A.I. appraiser will give you and he
will define it somewhat this way, the,highest price in terms of money
which a property will bring on the market today if exposed for a
reasonable time by prudent buyer and seller both knowing the full in-
formation about the property and all the uses to which it is adapted
and capable of being used. But he will arrive at today's market value
and if you ask him what it will be ten 9~ twenty years hence, you won't
get an M.A.I. to appraise it."
4.a. A roll call showed the fg~owing Civic Organizations and repre-
sentatives to be in attendance~
League of Women Voters Mrs. Charles Cross
Board of Realtors Mr. Paul Ledridge
Chamber of Commerce Mr. Kenneth El~ingsworth
Tropic Isle Civic Association Mr.. John.Halstead
Planning Board Col. Andrew L. Fabens.
5. City Clerk Worthing asked ~f the Council wished to hear a Plan-
ning Board report at this time on a Public Hearing they had requested
be held concerning the proposed zoning and development of the land
annexed to the City of Delray Beach in Ordinance No. G-508.
Mr. Avery said he had planned to present this item under 5.a.
and asked'that the Planning Board report be read at this time, which
is dated November 12th and ~s as follows~
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"Th~Planning Board, held a publiC hearing November 12, 1963,
at4~00 P%M with members Kabler, Lankton, Jacobson and Chair-
man Sinks attending.
It was moved by Mr. Kabler and second, ed by Mr. Lankton that
approval of the zoning and proposed development of the Moore
property /~mediately north ofand adjacent to Dr. Raborn's
property be made subject to said lands being developed in
accordance with specifications for drainage and roads as re-
quired by the city engineer."
Concerning the Planning BOard report, City Clerk Worthing re-
ported the vote on that matter was three in favor and Mr. Jacobson
opposing the motion because of the fact that it was not conditioned
upon a registered surveyor or engineer approving the plans.
Mr. AVery informed the Council thatDr. Reborn had asked him to
bring this ~tem up as he wanted ~he publ£o to be assured of a good
neighbor feeling between h/mself and Mrs. Moore whose property develop-
ment is being considered at this time, further, his.reasons for asking
that a public hearing be held were constructive but desired that the
abeyance be lifted and return to theoriginal time schedule that Mrs.
Moore would not be delayed. Mr. Avery said there wasa drainage pro-
blem in that area and feels it is indicated the City Engineer be re-
quested to work with Mrs. Moore on this, and moved that the abeyance
be lifted and the City Engineer be requested to .... . Mr. Avery then
withheld his motion at the desireof Mayor Dietz who said he was
disturbed about what would happen if there were cars.parked on the
narrow street to be provided at a time that. it was necessary for a
fire truck or other City equipment to get into this property to service
same, and that this matter should be studied so far as drainage and
City*services-are concerned. During his lengthy.comments Mayor Dietz
said he felt the order be stayed until the engineers and everyonecon-
cerned can work out a plan that is satisfactory to a11.
Attorney John Moore, representing Mr. &Mrs, Robert L. Moore,
informed the Council that time was of extreme importance.in this en-
tire matter and that no one wishes to jeopardize Dr. Reborn'sin-
vestment. Attorney Moore said the C~tYOrdinance requires one parking
space to be provided for each unit in R-3 Zone and the State require-
ment is one and one-half parking spaces per unit, further, this pro-
perty was brought into the City under certain specified COnditions and
the owner would rather it be in the City than iN the County~ but
stressed again that time was of extreme importance. Attorney Moore,
further, Said it had been planned this area would drain from South to
North and into the finger canal, however, .the street and drainage were
subject to the City Ordinances and approval of the CityEngineer.
· Dr. Reborn Said he did not want to hinder Mr. &Mrs. Robert
Moore in their plans, but he would like to know if an 18 foot paved
strip lyingon a 20 foot right-of-waY allows an adequate fire safety
factor if cars are parked on said road. Further,~ concerning drainage,
the location of the proposed cul-de-sac is under water as much as a
foot deep at rainy seasons and high tide, and he would like to know,
if the City.~ccepts thisProperty under the present circumstances, if
provisions would be made by the City for adequate drainage of this
property either to the North or West as he felt if the City decided to
drain the property at a later date he would be expected to pay half of
the cost ofthe ~improvement.
Dr. Reborn pointe~ out that his property is commercially zoned
while the property in question to the North is zoned for apartments
and there is a possibility of cO~Plaints about the noise from his air
conditioners from people livtngin the apartments.
11-~2-63
~City Manager Holland informed the Council that he was not
satisfied with the plans at this time and his. objections were to drain-
age, police protection, trash collection, garbage collection and fire
protect~Q~, the last four concerning the width of the street if park-
ing was allowed on said street.
A~omneyMoore said he saw no reason why the City CQ~ncil should
not res~ this Ordinance to having the water drained f~m the South
to the 'N~ to an existing canal as had been brought O~arlier,
further~ t~at care could be restricted from parking'o~ ~a~ street.
MaYOr Dietz said he would like to see complete plan~ for the
developm%n~ of this property before the abeyance was li~t~d.
There was discussion Concerning provision-for garbage pick.up,
and Attorne~ Moore explained they d~d not plan to build 9~ long apart-
ment building but there would-be two and three story apartment build-
ings co~ing-of two, three or four units, which would l~ave space
in between'~he buildings.
Following further-discussion, Mr. Avery moved tha~ ~he abeyance
be lifted'.o~ this Ordinance with the original time reestablished, sub-
Ject to~th.~' satisfaction of the City Manager on the ite~$'~e is con,
cerned with. The motion died for the lack of a second.
Mr. Barrow suggested that the City Manager look into this and
report' back to the Council and a specia.1 meeting be called if neces-
sary.
Following further discussion and comments~ Mr. Woodar~ moved
that the City Manage~ and whoever he may desire to meet.with him, and
John Moore and Dr. Raborn, if he wishes to attend, meet at their con-
venience as quickly as possible, study the problems, make the re-
commendations to the Council, and that the Council meet in special
session if they desire, to expedite matters. The motion was seconded
by Mr. Talbot a~nd' carried unanimously.
5. Concerning the coming Primary Election on November 19th, City
Clerk Wort~ing announced that since there are only two Council vacan-
cies to be filled a person would only vote for two candidates.
Q Mr. Avery informed the Council that there had been
~ifficulty
in that people were doing business in Delray Beach without an occupa-
tional license and the Council had referred this item to a special
committee of contractors that had been appointed to study the work
hour situation and this committee has been unable to get together to
study same. Mr. Avery said it had been recommended and seemed
feasible that this item~be referred to the Building Code Appeal Board
together with City Atto~ne~y Adams and the City Clerk or who he may
designate, thetheory be~.~~- that there are sub-contractors on it, it
being a broaderboard an~.'.is'~: willing to consider this problem, and
Mr. Avery.so .moved.The m~tion wa~seconded by Mr. Woodard and carried
unanimously.
5.a, Mr. Talbot informed the Co~il that traffic is already beginning
to back up on North Ocean Boulev~ to Thomas Street which is unusual
for this time of the year, and suggeste~ that the City Manager be in-
structed to make a survey of the traffic at the corner of Ocean Boule-
vard and Atlantic Avenue to see if it is possible that the Southbound
traffic would have a right hand turn lane open all the time and for
the Northbound traffic tohavearight hand lane for the through traffic,
which would make four traffic lanes for a certain number of feet both
North and South of the light, and report back to the Council.
City Manager Holland informed the Council that Col. Andrew Fabens
-9- 11-12-63
had discussed the traffic on Ocean Boulevard with him recently. The
City Manager presented a detailed report on the timing of the light
on Ocean Boulevard at Atlantic Avenue and explained the reason it was
so timed, further, the reason the right turn~.on red after stop had
been eliminated at that location because of children crossing over
from the municipal pool to the beach.
During discussion, Mr. Talbot asked if the traffic could be
worked into four lanes for fitty feet both North and'South of Atlantic
Avenue, two lanes Northbound and two lanes SOuthbound, and the light
remain in operation as. it is. City Manager Holland said he thought
there was Just enough width to accomplish what Mr. Talbot desired.
City Manager Holland and Mr. Talbot planned to meet and discuss
this proposed plan to determine if it was feasible.
5.a. Mr. Woodard asked that the City Administration, with Council
approval, please send a communication to the Tennis Committee asking
whether they do or do not approve of the Vos property as a potential
site for relocation of the tennis ~ourts.
5.a. Mr. Woodard asked if the City Administration followed up on the
properties who have executed the Water annexation agreements so that
when they do become contiguous they are annexed, to which Mr. Worthing
replied that same was done.
5.a. Mr. Woodard asked if anything had developed relative to the City
taking action to contact F.I.N.D. to see if their filled spoil areas
might be available to be turned over to the City for use, and Mr. Avery
said that was being worked on and had gotten as far as Washington.
5.a. Mayor Dietz said there had been a report concerning how the
matter of insurance had been handled with Russell &Axon when they
could not produce the kind that was requested.
City Attorney Adams informed Mayor Dietz the City had the in-
surance coverage it desired, but he did not know-if the credit due the
City on the premium paid had been handled at this time.
5.a. Concerning a supervisor-for the west Side Re~eatio~ Center,
Mayor Dietz said he had looked over the applications .,that had been
received but was not satisfied and would like to have another adver-
tisement concerning same in which it was stip'ulated that the person
have four or five-years of experien~e in running a recreation center,
and that said ad should hit such states as Georgia and Louisiana.
6.a. The Council was informed an application had been .received for
water service to be furnished Lot 64, Delray Beach Shores and said
property owner Georgiana P. Dedaker had executed the City's prepared
agreement for said water service which further provides that such
property may be annexed to the City of Delray Beach when legally proper
to do so, further, the water.lines now pass this property. The City
Engineer has advised there is an adequate supply in this area, and it
is recommended, this application be approved, it being so moved by Mr.
Woodard. The motion was seconded by Mr. Talbot an~ carried unanimously.
6.b. City Clerk Worthing informed the Council that in, compliance with
Chapter 12 of the Code of Ordinances, the following qualified indi-
viduals h~ve filed for ballot representation at the primary election
to be held Tuesday, November 19th, with the polling place at the
Central Fire Station, 101 West Atlantic Avenue, made necessary due to
.there having been more than four qualified parties filed:
J. LeRoy Croft
Alyce B. Husa
James H. Jurney
-10- 11-12-63
Daniel R.-Neff
James H. Scheifley
Carl I. Spade
George Talbot, Jr.
Hugh Vogl
Mr. WoO~9~ moved that the eight candidates for Counci~§ well as A1
C. Ave=~'~d Waiter Dietz as candidates for Mayor,be a~p~Ved. The
motion'~9"seconded by Mr. Barrow and carried unanim0u~%~:i'
6.c, The~ity Clerk stated that in further compliance with Chapter
~2. of t~.,~ ~ode of Ordinances, Council should provide fo~'aPpointment
of a Cle~k",pnd Inspectors for the coming primary electi~n~o be held
on Nove~@~'~19th at the Central Fire Station, and subm~9~ the names
of the f~wing individuals who are well qualified and:h~Ve previously
served ~'l~cal election boards with the suggestion th~:!~,%hey be
pointed~'~~ ?
Clerk C.C. Turner
Inspectors Dorothy Bauer
Florence Cramp
Vera Bone
Alpha Browning
Bertha Worthing
Mary L. Walker
Mary B. Walker
John w. Thomas
Elsie M. Wharton
Alphonse Hudson
L. L. Youngblood
City Clerk worthing reported this was one more inspector than was
customarily used but it had been requested that an extra machine be
provided for demonstration of use, and there would be five for voting.
Mr. Woodard moved the individuals be accepted, the motion being
seconded by Mr. Barrow and unanimously carried.
6.d. City Clerk Worthing read the following letter from Linde M.
Jarovitzky dated OCtober 28th=
"I am the owner of Lot 9~ Block 49 which adjoins' Lots 10
through 14 now owned by the City of Delray Beach.
Lot 9 is presently listed for sale at $1,000.00 and perhaps
the C~ty would be interested-in.acquiring it for ~their future
use.
I would be pleased to hear from you."
A sketch of the South half of Block 49 was displayed showing
lots 10 through 21 to be City owned property 'which only left lots 8
and 9 in the South half of Block 49 owned by i~dividuals. The Council
was informed that Block 49 lies directly North of Block 50 on which
is located the North Water Plant and bound on the East and West by 1st
and 2nd Avenues, further, it is recommended that the City Manager be
authorized to ~egotiate ~for the purchase of said Lot 9, Block 49, also
that it is further recommended that the City Manager be authorized to
negoti~te for the purchase, on behalf of the City, of Lot 8, Block 49,
which lot is contiguous to Lot 9, and acquisition of both lots would
complete City ownership of the South half of said Block 49.
Mayor Dietz asked where the money would come from for purchase
of said lots. Finance Director Weber informed the Council ~hat there
is a Contingency Account in the Water Fund and the money Should be
transferred from that account, it being so moved by Mr. Avery. The
motion was seconded by Mr. Talbot and carried unanimously.
6.e. The City Clerk informed the Councii that an addendum to the
existing agreement with the Central and Southern Florida Flood Control
District hadbeen submitted by that agency and.authorization for
execution had been requested, and that this addendum merely provides
for the followingaddition to the original agreement with said District,
relative to reimbursing the City of Delray Beach in full for cost of
construction of the Flood Control District's bridge across Spanish
Trail:
"6. Zn consideration for the advance of any sum of
money by the Central and Southern Florida Flood
Control District .to said City as paymentof i.full
and just compensation hereunder, the'City of Delray
Beach, Florida0 hereby agrees that should said City .
be issued a Warrant of the State of Florida for
payment of construction of the said bridge across
Spanish Trail, in Delray Beach,~ Florida, ~he said
City shall immediately upon receipt thereof,.pay
to the Central and Southern Florida Flood Control
District, a sum of money equal to the'amount of
any such Warrant so received."
City Clerk Worthing said it had been recommended that this addendum
be approved and authorized to be executed, it being so moved by Mr.
Talbot. The motion was seconded by Mr. Woodard andcarried unanimously,
6.f. City Clerk Worthing said that in special coUncilmeeting held on
October 22nd, Mr. WoOdard referred to a letter from Russell & Axon,
also dated October 22nd, concerning several necessary changes in the
Sewage Works .Project, one of which was the loCationof force main No.
17 from MaoFarlane Drive to Atlantic Avenue, and the folloWing Change
Order No. 3 of Barbarossa and Son was prepared as a result of Council
action on October 22nd=
"CITy OF DELRAy BEACH
PALM BEACH COUNTY, FLORIDA
SEWAGE WORKS PROJECT
Project No. 5964-8a
CHANGE ORDER NO. 3
This Agreement entered into this day of 1963,
by and between the CITY. OF DSL~AYBEA~H, PALM BEACH COUNTY,
FLORIDA, as party of the FIRST part, and BARBAROSSA AND SONS,
INC., Contractor, as party of the SECOND'part, the same being
a change or supplement to a certain Contract by and between , .
the parties aforesaid,.dated 24 May 196.3, fOr the. construction
o~ Sewage Works Project, City of Delray Beach, Palm Beach County,
Florida.
WITNESSETH~
I' WHEREAS,~.the Party of the FIRSTpart desires to amend
the Contract by changing the location, of Force Main
No. 17 from Miramar ~ive andMacFarlane Drive to
Atlantic Avenue to have ForGe Main No. l? go east on
Miramar Drive-from MacFarlaneDrive .to Venetian Drive
thence North to Atlantic Avenue. This change in
location of Force Main No. 17 is necessary due to the
unavailability of an easement from MacFarlaneDr[ve
to Atlantic Avenue. It is estimated that this change
-12- 11-12-63
"will necessitate an additional 260 fee~ of 14-inch
cast iron pipe. ?
~!. THEREFORe, the Party of the SECOND part ~ees to
fu=nish all labor, materials, and suppl~ aecessary
to change the location of Force Main N~ !7 as. in-
dicated in Section I above. It is fur~hg~ ~greed
that the additional 14-inch cast iron P~ will be
fUrnished and installe~ at the unit price 9s bid in
the construction contract.
~urnish and install 14-inch, 18/40
~.I.P. Force Main' 260 L.F. ~5.98 $1,554.80
The total addition to the contract by this Change Or~er is One
Tho~sand Five Hundred Fifty-four and 80/100 Dollars {$1,554.80).
It is further agreed and understood that t~e Contract
time is not extended and that this chan~e shall not
alter in any manner the force and effect of the
original Contract da~ed 24 May 1963, end ~b~ same
shall stand in fu~l force and effect in al~ respects,
except as amended by this Agreement.
BARBAROSSA & SONS, INC. -
BY
Recommended for Approval=
RUSSELL & AXON
CONSULTING ENGINEERS
BY . ~. Accepted =
CITY OF DELRAY BEACH
PALM BEACH COUNTY
DELRAY BEACH, FLORIDA
BY
Mayor
BY
City Manager
Attest= Approved as to form=
BY BY
City Clerk City Attorney
it was pointed out that the cost is a little higher than had been
estimated in the letter of October 22nd, but the distance has been
checked and found to ~e'~0 feet and at a price of $5.98 per linial
foot as reflected in-the Change Order No. 3 is correct, and it was
recomm$~ded this Cha~g~ Order No. 3 be approved, it being so moved by
Mr. woodard. The motion was seconded by Mr. Barrow and carried
unanimously.
7.a. City Clerk Worthing presented the following petition for an~ex-
ation of certain parcels of land lying Sou~h of S. E. 10th Street and
immediately East of. South Dixie Highway from Mr. and Mrs. Alfred Flora,
dated October 18th, 1963=
"I, Alfred Flora, am asking for voluntary annexation to the
City of Delray Beach, my properties in Subdivision "Silver
Terrace" to be zoned Industrial C2:
Lots 3,4,5,6,7,8, Blk. 5
Lots 4,5, Blk. 4
-13- 11-12'6~
"I have operated Flora Millworks on this proper~y for 17 years,
and my original zoning when I built was non-restricted. I
will aSSume no bonded indebtness and no back taxes on these
properties prior to my going into the city.
Am enclosing other names wh~ also live in Silver Terrace who
would like to be included inthis voluntary annexation under
the same Conditions."
Also presented was the following petition for a~nexation, dated
October 18th, 1963 referre~ to in Mr. Flora's petition=
"The following owners of property in Silver Terrace Subdivision
are petitioning for voluntary annexation to the City of Delray
zoning to be Industrial C 2, will assume no bonded indebtness
and no back taxes Prior to going into the
Mizell Platt & wife a Winifred P. sadler Block 5, Lots 9
Edgar & Mary Lorah ." Blk. 4, Lots 6 & 7
Joseph& Ann Cullen' Blk. 4, E2 of Lot 3
Ann Cullen Block 4, Lot 2"
The Council was informed that it is recommended these petitions
be referred to the Planning/Zoning Board for its review and recOm-
mendatiOn to the Council, it' being so move~ by Mr. Talbot. The motion
was seconded by Mr. WoOdard and carried unanimously.
7~b. City Clerk Worthing informed the Council that a request had been
received, signedby the owners of all lands comprising Block 60, for
the rezoning of said Block from R-3 to C-1 zoning cla'ssificatton with
the excePtiOn of Lots 13, 14, 15 and 16 which are already zoned C-1.
Mr. Barrow moved that this request be referred to..the Planning/
Zoning Board for a public hearing thereon, the motion ~eing seconded
by Mr. Wood&rd and unanimously carried.
7.c. The City Clerk read the following letter from the Exchange Club
of Delray Beach, signe~ by James W. Nowlin, Jr., an~. dated November
7th=
"Last year at this time the City of Delray Beach turned over
to the Exchange Club of Delray Beach unclaimed bicycles which
wererepaired and painted by the Sxchange Club and donated to
needy children. Once again the Exchange Club has a~opted this
project and we. request that the City turn over to the Exchange
Club all of the bicycles whichhave been impoUnded forover
six months.
If this request is granted,'the bicycles seleCtedwill be
repaired and repainted and distributed on Christmas Eve."
Mr..Talbot moved.that this request.be granted subject to the
approval of the Police Chief, the motion being seconded by Mr. Barrow
and unanimously carried.
7.d. The following letter from Mr. E. B. Nichols~-owner of Nichols
Cars, and dated November 5th, 1963 was read:
"I have checked the'City Or,in&noes for information govern.ing
Trailer'Sales in Delray Be&eh and it appears that there is no
law that i~diC&tes that one can or cannot, sell.new or used
trailers within the City limits.
"It has handicapPed, the operation of my business, on numerous
occasions, not beingable to trade in trailers on car deals,
and I have had a number of calls for Travel Trailers of various
types.
I would like to make application for a license to handle new
a~d used trailers in conjunction with my automob~l~ business
lo~ated at 105 S. E. 5th Avenue, Delray Beach."
The City Clerk reminded the Council that Ordinance No. G-505,
adopted ~ October 14th, 1963, provides for parking of m°~or trailers,
as well kS definition of motor trailers, and it would appear therefrom
that no ~lers~ whether for sale or use, are permitte~ W~thin the
City lim~ other than for the limited time specified i~ the Code of
OrdinanCeS" and suggested the Council may desire to con~der an amend-
ment for ~uto sales agencies to have, for sale, a limited number of
such vehicles on their premises.
Mr. Woodard said that trailers parked on the City streets are not
desirable, but did not feel the City should arbitrarily ~estrict a
retail meFohant from selling trailers, and moved that ~r4~nance No.
G-505, if 9hat is the proper legal approach, be amande~ enable the
businesS'~;D~ople in Delray Beach to sell trailers if
City Attorney Adams pointed that the recent ordinance pertaining
to trailers did 'not change that condition, that the Ordinance pro-
hibiting all trailers had been on the books, since 1946, further, that
he wondered if it is the desire of-the Council 'to have unlimited trail-
er sales or limit it, and whether they would want to refer this item
to the Planning Board for their study.
Mr. Woodard said it was agreeable to him and changed him motion
that this item'be'referred to the Planning Board for their study and
recommendation. The motion was seconded by Mr. Avery and carried
unanimously.
8.a. City Clerk presented RESOLUTION NO. 1463.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH,
FLORIDA, VACATING AND DISCONTINUING
A PORTION OF NORTHWEST SECOND A~ENUE
LOCATED IN THE CITY OF DELRAY BEACH,
FLORIDA.
BE IT RESOLVED BY THE CITY COUNCIL OF TH~ CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, Petitioner, CASON MEMORIAL METHODISTCHURCH, INC., the
fee simple title holder of the following described property, said pro-
petty being
Lots I through 6 inclusive, Block 41, of the City of
Delray Beach, Florida, as per plat thereof on file in
the office of the Clerk of the Circuit Court in and
for Palm ~each County, Florida, recorded in Plat Book
5, page 65, and
The North half (N%) of Block 49~ and the North half
(N%) of Block 57, (LESS the South 138 feet of said
North half (N%) of Block 57}; Delray Beach (formerly
· ~own of Linton}, Florida, as per plat thereof on file
in the office of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, recorded in Plat Book
1, page 3,
-15- 11-12-63
has made application to the said Council to vacate a portion of an
avenue described as follows~
That portion of Northwest Second Avenue bounded on
the North by .Market street, also known ae Northwest
Fourth Street and bounded on the South by an easterly
projection of the South lot line of Lot 6 of Block 41
'of the City of Delray Beach, Florida, as per plat
thereof on file in ~the office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 5, page 65.
WHEREAS, on October 30, 1963, the Council accepted the recom-
mendation of the Planning Board and approved the vacation of said
portion of Northwest Second Avenue aforedescribed, subject to the
approval of the City Engineer ConCerning any possible needs for public
u=ilfty easements over any portion of the above described properties,
and
WHEREAS, the City Engineer h~s recommended that petitioner grant
to the City of DelrayBeach, Florida, a road right-of-way easement
over and acroes the South 25 feet of the North half (N%) of said Block
49 and further grant a roa~ right-of,way easement over and across the
North 10 feet of said Blocks 49 and 57, as per plat thereof on file in
the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat~Book 1, page 3f and further grant a
road right-of-way easement over and across the North 10 feet of Lot 1,
Block 41, City of-Delray Beach, Florida, as per. plat thereof on file
in the office of the Clerk.of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 5, page 65, and
WHEREAS~ the.necessary instrumentsare bei'ng executed bY the
petitioners to effectuate the said City ~ngineer~s recommendations,
THEREFORE, pursuant to paragraph three (3) of Section Seven
City Charter of Delray Beach, Florida, we do hereby declare the
following portion of Northwest Second Avenue to-be discontinued and
vacated:
That portion of Northwest Second Avenue bounded
on the South by an easterly projection of the SOuth
lot line of Lot 6, Block 41 of the City of Delray
Beach, Florida, as per plat thereof on file in the
office of the Clerk of the Circuit ~ourt in and for
Palm Beach'County, Florida, recorded in Plat Book 5,
page 65, as. the same bisects the said Northwest
Second Avenue, and bounded on the North by Market street,
also known as Northwest Fourth.Street. All of said
property and rights-of-way being located.within the
City of Delray Beach, Palm Beach County, Florida.
PASSED ANDADOPTED this . day of ........
A.D. 1963.
It was pointedout.that-the Church had given street right-of-way
easements over the North ten feet of their property in Blocks 41, 49
and 57 and also had given a road right-of-way easement over the South
25 feet of the North half of Block 49 which would be much more prac-
tical than the cul-de-sacs at th~ terminus of N. W. let and 2nd Avenues
with Church property, City Manager'Holland was commended for working
out this street arrangement rathe~ than the use of cul-de-sacs.
Resolution No. 1463-:w&s unanimously passed on first and final
reading on motion by Mr. Avery and seconded by Mr. Barrow.
8.b. The City Clerk presented ORDINANCE NO. G-513.
AN· ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEI,RAY BEACH, FLORIDA, AMF+NDING
ORDINANCE NO. G-429 OF THE CITY OF DEL~AY
BFd~CH, FLORIDA.
W~.~R~A...S, the City Council of the City o~ Delray Beach, Florida,
on March 12, 1962, passed an ordinance annexing certain properties
belonging to Robert E. Raborn, and
WH~..~S, Section 3 of said ordinance failed to provide that
said land, Were not Go be subject to the existing bonded ~deb2edness,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DEL~AY BEACH, FLORIDA, AS FOLLOWS=
section 1. Ordinance G-429 is hereby amended by ~bstituting
a new Section 3 to read as follows:
"S~CTXON ~. That the lands hereinabove described sh~ll im-
mediatel~:~c~me subject to ail of the franchises, privi~gges,
immunities,~debts, obligations, liabi.lities (except the b~ded in-
debtedness existing this date), ordinances and laws to which lands
in the'City of'Delray. Beach are now ormay be, and persons residing
thereon shall be deemed citizens of the City of Delray Beach."
PASSED on second and final reading in regular session on this
.. day of , 1963.
There being no objection to Ordinance No. G-513, said Ordinance
was unanimously passed on second and f.inal reading on motion by Mr.
Woodard and seconded by Mr. Barrow.
8.c. The City Clerk presented ORDINANCE NO. G-514.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
SECTION 17.34, C~APTER 17, CODE OF ORDI-
NANCES OF THIS CITY.
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
B~CH, FLORIDA~ AS FOLLOWS:
Section 1. That Section 17-34, Chapter 17, Code of Ordinances,
City of Delray Beach, FTorida, be, and the same is hereby repealed.
PASSED AND ADOPTED on second and final reading in regular session
on this day of ..... , 1963.
There being no obl~ction to Ordinance No. G-514, said Ordinance
was unanimously passed on second and final reading by motion of Mr.
Talbot and seconded by.Mr. Avery.
8.d. City Clerk Worthing presented ORDINANCE NO. G-515..
AN ORDINANCE RELATING TO ALCOHOLIC
BEVERAGES= AMENDING ~CTIONS 4-5.AND
4-7 OF THE CODE .OF OP~XNANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, TO
PROVIDE'FOR THE SALE OF LIQUOR IN
LOT 6, BLOCK M, JOHN B. REID~S VILLAGE
OF THE CITY OF DEL~AY BEACH, FLORIDA.
(Copy of Ordinance No. ~-515 is attached to and m~ a part of the
official copy of these minutes). (See Pa~s
-17- 11-12-63
There being no objection to Ordinance No. G-515, said Ordinance
was unanimously passed and.~adopted on second and final reading on
motion by Mr. Woodard and seconded by Mr. Avery.
8.e. City Clerk Worthing presented ORDINANCE NO.
AN EMERGENCY ORDINANCE OF'THE CITY COUNCIL OF
T~E CITY OF DELRAY BEACH, FLORIDA, CRFJ~TING
THE OFFICE OF CITY PROSECUTOR~AND PROVIDING
FOR THE TERM, QUALIFICATIONS AND DUTIES OF
' SAID OFFICE.
(Copy of Ordinance N°. O-516 ~s attached to and .made a part of the
official copy of.these minutes). (See Pages 5~-B and
Mayor Dietz reported that Ordinance No. G-516 has the approval
of Mu~icipal JUdge James A. NOwlin, Jr., Judges Ad Litem Charles Byron
and Paul Oringle, end Police Chief Croft, and was prepared'by City
Attorney Adams. It was also pointed out that'the cost of the prose-
cutor would com~ from Court costs rather than from the general fund,
further, this Ordinance is only creating · position at this time.
There being no objection to Emergency Ordinance No. G-516, said
Ordinance was unanimously passed on'first 'and final reading'on motion
of Mr. Talbot and seconded by Mr. Avery.
10. City Manager Holland informed the Council that he desired to
purchase an Allis Chalmers piece of equipment called a front end loader
or high lift in the amount of $10,000.00, further, this piece of equip-
ment, when new, sells for $24,000.00 and that this one is a 1961 model,
having been in storage for eleven months but being factory guaranteed.
City Attorney Adams suggested to the Council that the purchase
of this ~iece of equipment can best be handled without competitive
bidding, further, there is a provision in the Code of Ordinances which
gives the Council the privilege of waiving the bid requirement.
Following discussion, Mr. Barrow moved that-the City Manager be
instructed %0 buy said piece of equipment for the City and the bidding
procedure be waived. The motion was seconded by Mr. Woodard and
carried unanimously.
L0. Ci.ty Clerk Worthing inquired as to the Council's desire of the
City Admin~stration in producing names of qualified part,es to act as
City Prosecutors; It was noted that the Prosecutor would have to be
a local resident of Delray Beach, but the two assistants need not be.
Following discussion, City Clerk Worthing informed the Council that
names would be submitted to them of attorneys w~l~ing to serve in the
capacity of Prosecutor and assistant prosecutors.
10.a. B~lls for approval were submitted as follows=
~eneral Fund ................... $63,401.20
WateF Fund - Operating Fund .......... 3,571.13
Special Trust Account - First National
Bank of Delray Be~ch 94,618.21
Special Trust Account - Delray Beach
National Bank ............. . .... 95,028.00
Mr. Avery moved that the biils be paid, the_motion being second-
ed by Mr. Barrow. Upon call Of ro11, Mr. Avery, Mr. Barrow, Mayor
Dicta and Mr. Talbot voted in favor of the motion, and Mr. Woo~ard
abstained from voting. '
The meeting adjourned at 10~25 P.M. by order of Mayor Dietz.
-' City Clerk-
APPRO~D:
ORDINANCE NO. G-515.
AN ORDINANCE RELATING TO ALCOHOLIC
BEVEP~%GES: AMENDING SECTIONS 4-5 AND
4-? OF THE CODE OF ORDINANCES OF T~E
CITY OF DEL~AY BEACH, FLORIDA, TO
PROVIDE FOR T~E SALE OF LIQUOR IN
LOT 6, BLOCK M, JOHN B. REID'S VILLAGE
OF THE CITY OF DELRAY ~ACH, FLORIDA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: That Section 4-5.of the Code of Ordi-
nances of theCity of Delray Beach, Florida, be amended by adding
the following provision, to-wit:
"And also except that portion of the City of Delray
Beach, Florida, described as follows, to-wit:
Lot 6, Block M, John B. Reid's Village per plat
book 23 page 137 of the City of Delray Beach, Florida."
Section 2: That Section 4-7 of the Code of Ordi-
~ances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
"No intoxicating liquors shall be sold in any
place of business or establishment in the above described terri-
tory unless the main entrance to said place of business or es-
tablishment is located on Atlantic Avenue or on the Ocean Boule-
vard or on N. E. 8th Street or on 6th Avenue (Federal Highway)
or on N. E. 2nd Avenue or on Venetian Drive or on MacFarlane
Drive of the City of Delray Beach, Florida. In that portion of
the above territory lying west of the intracoastal canal, not
more than one such place of business or establishment shall be
licensed within any one block. After such license has been is-
sued for conducting such place of business or establishment in
any one block on either'.Atlantic Avenue or N. E. 8th Street or
6th Avenue (Federal Highway} or on N. E. 2nd Avenue of the City
of Delray Beach, Florida, no license shall be issued for the sale
of intoxicating liquor in any place of business or establishment
in the block immediately across on either Atlantic Avenue or N. E.
8th Street or on 6th Avenue (Federal Highway) or on N. E. 2nd Ave-
nue in the City of Delray Beach, Florida, from the block in which
intoxicating liquor has already been licensed. No intoxicating
liquor shall be sold in the above described territory at any place
of business, location or establishment within 300 feet of any es-
tablished school or church."
Section 3: That this ordinance is and shall be
deemed supplemental to existing ordinances.
PASSED in Regular Session on second and final
reading on this the 12thday of November, 1963.
_ /S/ ~...A, LTER, D, IETZ .......
ATTEST: M A Y O R
/s/ R. ,D. MORTH N
City Clerk
~irst ~i~ ~ Oc~°ber ~0, 1963'
'
88 .
524-C
relating to offenses.triable in said Cou=t~ and to instruct
police off-i, cers in ~rrest an~ court pro~ectUre~'w~hen so re~eeted.
P~SED and ~OP~D this ~th day of Nove~er~_..l_~6.~.
CI~ OF D~Y B~CH
. '' . ~Y ......Z~/~ W6LTER DIETZ ~
~. - ~ayor
ATTEST ~
ORDINANCE NO. G-516
AN EMERGENCY OP. DINANCE OF THE CITY COUNCIL OF
THE CITY O~ ~E~.~¥ BEACH, PLORIDA, CREATING
THE OFFICE OF. CITY PROSECUTOR~ AND ~PROVIDING
~oR THE T~,~ ~A~IFICA?IONS ANO U~I~S OF
SAID OFFICE.
· U~t of the City o~ b~%~'Beach l~rocessed 1'~26'O' oases~ ~
WHEREAS, the National Safety Council in its
Traffic Survey strongly recommended the'use of a City
~ the local Court~ and
WHEI~EAS, the C~ef of Police a~d Municipal Judge
in favor of ~he creation of the Office of City Prosecutor~
NOW, THEREFORE, BE IT ORDAINED BY TI~E CITY COUNCIL OF
· HE CITY OF DEL~AY BEACH, FLORIDA, AS FOLLOWS =
Section 1. The Office of City Prosecutor be and the
same is hereby created.
Section 2. The City Council shall appoint a City
ProsecBtor and two Assistant City Prosecutors who shall serve
at the pleasure of the ',C~.n]cil for a term not in excess of one
year. The first aPPoi~e~ts shall be through December 31,
~963, and thereafter appoil%tments shall be made at the same
time and in the same manner as provided for in appointing the
Municipal Judge and the City Attorney.
SeCtion 3. The City Prosecutor shall be a lawyer
qualified to practice in the Courts of the State of Florida,
and shell be a resident of and maintain an office in the Cit.v
of Delray Beach at the time of his apt~ointment, and during the
tenure of his office.
Section 4. The Assistant City Prosecutors shall be
lawyers qualified to practice in the Courts of the state of
F!orida but need not be legal r~esiden~s of the City nor shall
the maintenance of a local office be a requirement. The Assis-
?-- tent City Prosecutors shall serve when designated by the City
Prosecutor in the case of his absence; disabil'ity or disquali-
fi'Cation.
--- sect~% 5. The City Prosecutor shall be paid a salary
of $2,600.00 per ~ea~, and the ASsistant City Prosecutors shall
receive compensation at the rate of ~20.00 per MUnicipal Court
session which they are ~eSi~nated to attend. The aforesaid
compensation shall be paid 'from a special fund which shall
arise from the iml~osition of court Costs in 'an amount of
which shall' be levied by the M~iUipal Judge against each con-
rioted defendant 'in additio~ to .any. fine which might be imposed.
Section 6.' The duties of the City Prosecutor shall
be to prosecute all cases in the Mtmicipal Court o.f the City of
Delray Beach, to represent the Ci.ty in all appeals from the
Munict~l Court, to advise the City Council On all O~nances