02-12-62 A' regUlem meeting of the~Oity Oouncll..of Delray Beach was held
in the Council Chambers at 8:00 P'.M., with Mayor. Walter Dletz in the
Ch~ir, City Man~ger LoUis J. ~mitzes, City A't~orney John Ross Adams
and Co~tMcllmen A1 C. Avery, George' Talbot, J~., George V. Warren and.
01ive~ W:. Woodard, Jr2~ being .present.
!. An opening prayer was delivered by' the Reverend Paul J; Smith.
X. MayOr Dietz Welcomed and introduced the following guests:
· Mayor J.' Willard Pipes, Councilman A1 .~ummers, Councilman Walter
i Madson, Councilman and former MaYor JOhn Archie, all of Boynton
Beach and COuncilman Walter. J. Seymour of Ocean Ridge.
2. On motion by ¥~. Warren and seconded by Mr. Talbot, the minutes
~f the regular meeting of January 22nd and special meeting of January
29th were unanimously approved.
X. City Clerk W~rthing rea~ a. Proclamation by Mayor Dietz proclaim-
ing the period ef~FebruarY 12th th~u February 22nd, 1962 as National
Defense Week.
X. Mayor Dietz presented the following Special Election returns:.
SPECIAL ELECTION OF FEBRUARY 12, ~1962.
DO YOU FAVOR THE $500,000.00 SANITARY SEWER SI"~TEM NOW
UNDER CONTRACT OR DO YOU PREFER AN OCEAN O~TFALL SYSTEM
TO COST NOT MORE TRAN $3,000,000.00 DE~IGNF~ TO COVER
TWO-THIRDS OF THE C~0RPORATE LIMITS 0F THIS CITY?
FOR THE
FOR T~ ocEA~ O~ALL '
$~00,000. _S_YSTEM . SYSTEM _ TOTAL~
Ballots of
PRECINCTS 26, 27 & 28, 207 ~3 750
Absentee Ballots. none none none
TOTAL 207 ~3 750
I, ROBERT D. WORTHING, City Clerk in and for the Ci~y of Delray
Beach, Palm Beach OOunty, Plorida, do hereby certify the above to be
the official results of the SPF~IAL ELEOTION, held on Monday,
February 12th, 1962.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the
official seal of the City. of Delray Beach, Florida.
/s/ '.R.D..Worthing
Oity Olerk
Mayor Dietz stated .that since there., is an opinion from the
people, the work is Cut out for the Oouncilmen to deliver to the
people what the people want~ ~The Press, Radio Station W.D.B.F. and
the Cltizona!i GOm2Littee 'were. thanked fop their work and effort in
encouraging peop,le .to vote in. this SpeCial Election.
3. Attorney Clinton Scott, represen~ing PiPs. Philip Handerson of
MacFarlene Drive, inquired as to whether or not the City Cothncil had
given permissive use for a Social club and yacht docks, etc., on canal
property which had recently been requested. Attorney Soot~ was
formed that he would receive a letter giving the legal opin%on ~ the,
City concerning ~his matter.
X. Mm. Wm, J. Howard, owner of Lots 15 th~u 18, Block A, West Side
Heights, appeared, before the Council protestinE the nuisance abatement
charge 'and the City Manager submitted his review of all factors lead-
ing up to the~ nuisance abatement and resultaz~t charge for said
2-12-62
February 12, 1962
nuisance abatement, and was instructedlto a~vise Mr. Howard, by letter,
of the City's policy concerning nuisance abatement.
X. Mr. Alexander Simon, representing his father, informed the
Council that they had recently received notices to abate nuisances
on property that is'in an undeveloped area, and asked ..that they be
exempt from clearing said property at this time since it is in an
undeveloped area. Mr, Simon was informe~ that the p~.ocedure set up
by Ordinance could not Be deviated from.
X. Councilman Warren read the Beautification Committee Meeting
minutes of January 25thandFebruary 1st, 1962.
Concerning theBeautification Committee request that the ~city
install a few spot lights in ~he north and south entrance islands,
which item was cons~idered in their February 1st meeting, the Council
unanimously expressed, their desire that this be carried out.
X. It was moved by. Mr. Aver~, seconded by .Mr. Talbot and unani-
mously .carried that Attorney Paul Gringle be reappointed, with con-
tinuous service, as Judge Ad-Litem.
X. · M~. Ralph Enutsen was unanimously appointed Civil Defense
Director on motion by Mr. Avery and seconded by Mr. Talbot.
X. Mayor Dietz presented the following letter from Mr. H. A.
Hubbard, Chairman 'of the Industrial Oommittee of the Chamber of
Commerce, dated February 5th, 1962.
"At a meeting of the Industrisl Committee on February 1st, "
1962, it was ~unanimously~agreed that in order to continue the
succesSful, oPeration of our lnOuatrial program, we respectfully
submit the'.ifollowilng requests for you~ consideration and approval.
"1.Endorsement Of our industrial program for I962 by
the Mayor~and Council.
"2. Alloeat~ion' of funds necessary to s~port this
pro~ramfo~'lg$2~s'~f011owS:
Industrial Representative's salary .... $6~000.
Traveling expenses ....................... 2,500..
Industrial survey ..................... 1,000.
Industrial brochure ................... 500.
~lO, OOO.
All disbursements to be approved by the Chairman of
the Industrial Committee and a representative of the
Council, and then submitted to the Finance Director
for payment.
"3..~ Inducements to industrial prospects.
a. Long term lease 'at $1,00 per year, 20 to
of city owned property lying south' f~A~i nt venue
zoned C 3~ and between the Seaboard Railroad and pro-
posed State Road #9 right-of-way, for release to pro-
spective industries subject to the approval of the
Industrial Committee and the Mayor and Council.
b. Expedite installation of utllities~.and services
rendered by the city to ind~tries lbcating in this~ area.
"On behalf of the Comra~ttee I would ~.like 'to express oursincere
thanks for your cooperation and· anticipated support of this im-
portant program which will prove beneficial to all residents of
our community."
M~. ~very moved that $i0,000.'00 be t~ansferrad from~the Unappro-
priated Surplus to the Contingency Fun~,L ~he~ mo~iOn being seconded by
~ Warren. There Followed discussion' after which 'the motion~and se-
cond were withdrawn.
The Councilmen individually expressed their wholehearted en-
dorsement of th~ Industrial ~ogram.
-2- 2-12'62
February 12, 1962 13~
Mr. ~a~ren then moved that the Council give the Chamber of
Commerce any material that they need to work with am far as the Coun-
cil endorsing the program o~ obtaining appropriate in~ustmY for the
City of Del~ay Beach, the motion being seconded by .M~. Avery and
mously carried,
M~. Avery moved that $10,000.00 be transferred from the Unapp~,~
priated Surplus to the Contingency Fund, the' motion being seconded
Mr. Warren and unanimously carried.
Mm. Woodard then moved that the $10,000.00 requestsd by the
Chamber of Commerce be transferred from the Contingency Fund to the
Drawing Account of the Chamber.of Commerce; that all disbursements
be approved by the Chairman of the Industrial Committee and the Cit
Manager and then submitted to the Finance Director for payment;
the bills be submitted on a monthly basis and that there be a quarter-
ly progress report submitted, the motion being seconded by Mr. Avem~
and unanimously carried.
It was pointed out that merchants and individuals sponsored and
rovided the funds for this program last year and that the City feeIs
t is a worthwhile endeavor and worthy of their support.
Chamber of Commerce President J, LeRoy Croft thanked the Council
for the action taken and stated that it was greatly appreciated.
X. Concerning a donation, to the fund drive for the University at
Boca Raton, [M. Woodard moved to donate the $1,500.00, set up in the
current budget for this purpome, to the University. The motion was
seconded by Mr. Talbot and unanimously carried.
6.a. The City Manager informed the Council that the. Occupational
License Department has requested consideration to provide for identi-
fication of trucks operating in the city and offers the following
suggested added provision to Chapter 16-of the Code of Ordinances.
"Any and all trucks or me,or driven vehicles, operated
or used in connection with any business, occupation or
profession in the City, shall have painted upon a
prominunt place upon such truck or motor driven vehicle,
the name and address.~of the business in which such.truck
or motor driven vehicle is used."
It was moved by ~ir. Talbot, seconded by Mr. Woodard and unani-
mously carried:~that the City Attorney be directed to prepare an ordl-
nance providing for such an amendment to Chapter 16 of the City Code
of Ordinances for consideration at the next regular meeting.
6.b. Following a request of Mr. John L. Pitts for. issuance of a
duplicate Ts=Sale Certificate, it was moved by Mr. Talbot, seconded
by Mr. Avery and unanimously carried that a duplicate of Tax Sale
Certificate No. 6, dated ~une 7, .1959 covering the tax lien for the
1959 Ad-valorem tax on.Lots 20 thru 25 and the S ?,3' of LOt 26,
Block 113, be issued to Mr. Pitts.
6.c. City Manager Smitzes presented the following memorandum on bids
received for installation of a drainage project running easterly from
Federal Highway to'Spanish Trail. in North T~oplc Isle and sta~ed that
he concurred wi~h the recommendations of the City Engineer.
'Tollowing is a tabulation of bids for the drainage job in
Tropic Isle'S/D, which is to be paid for by the subdivider.
"The 'Base Bid~, as listed below, was for the construction
as shown on the plans and drawings prepared by the developer's
original engineer, Brockway, Weber & Brockway, for comstruc-
tion with corrugated metal, pipe. The 'Alternate Bid~ requested
was for a similar constr~ctionusing concrete pipe.
' 3- 2~'1~-6'2
35.
February 12, 1962
BASE BID ALTERNATE
"Dargel OOnst. Co., Inc. $ 4,218.00 $ 4,'431.50
Deposit -
Begin: 5 Calendar Days
Complete: 10 Calendar Days
Elton HSrvel 31911.20 none
5% Bond - Standard Acc.Inx.
Begin: 10 Calendar Days
Complete.:~30 Calendar' Days
0neman Engineering~C0. 3,010.00 3,718.00
Cashier'S Check - $150.50
Begin: 5 Calenda~ Days ~
Complete: 15 Calendar Days
Hardrives of Delray, Inc. 3,416.50~ 4~368.00
Bond - $350.00
Penn. InS.C0.
Begin: 15 Calendar Days
Complete:- 60 0~Iendar Days
"The alternate bid for concrete pipe was requested merely to de-
termine if this. type of construction might, be done Just as cheaply
as the corrugated metal pipe. Inasmuch as the original plans call-
ed for corrugated metal pipe, and since all other drainage facili-
ties in this area are constructed of corrugated metal pipe, it is
recommended that the loW bid of $3,010.00, by Oneman Engineering
Co., for constructiOn'with corrugated metal pipe be accepted.
Please note that Oneman agrees to start work within five calendar
days after the execution of the contract and to complete work
within fifteen calendar days after execution of the.contract."
}~. Avery asked if there was assurance from the subdivider of
this property that he would pay for this work and 'the City Manager
stated that there was an agreement from the subdivider that he would
go as high ~s $~,000.00. ~i~. Avery then moved that the contract be
awarded to the IoW bidder, 0haman Engineering COmpany, in the amount
of $3,010.00Which is the base bid. The motion was seconded by Mr.
Warren and'unanimously Carried. The City Manager informed the Council
that the total cost of the project would be higher than the $3,010.00
as there would be engineering and incidental costs.
6~d. city~Cle~k.~Worthing presented a survey report of alleged nui-
sanees~exis%ing in violation of Chapter 15 of. the City's. Code of
0rdinancesl~thathad .been furnished by theFireDepartment~ It was
moved by Mr. Talbot, seconded hy Mr. Woodard and unanimously carried
to direct the '0ity Clerk to comply with Ordinance No. G-~88 as appli-
cable to t~is.nuisance'survey report.
(~Opy~ &f NUiS,ance SurVey ~ist is'attached to and made a
~--.~t~- ~-h%%,%~o~fficial copy of these minutes.) See Pages 40A,40B
6.e, Re~arding a petition for rezoni~ of Lots 21 & 22, Block D,
'Palm Be~ch'ShoreAc~eSf~0~R~lAAA'~$eL~-3 Sene, Mmv. Avery moved that
this be referred to.the ?lanning~Z~h~ng Board,~he~motion being sec-
onded by Mr. Woodard.
Attorney Clinton Scott, representing Mr. D. E. Colman in this
petition~ for rezOning, Stated that Mr. Oolma~ wishes to put a member-
ship club on. this prope~ty'if .it~is rezoned~and',aske~~ at a hearing
for permissive or conditional use be held simultaneog~lYwith the
public hearing for rezoning.
Following ~discussion, ~.~.Avery changed his'mOtion and'moved that
it be r'eferr~d to the ~PlaRning/ZoningB&aPd.am4.~a%~they be asked to
consider the rezonlng a~d'~PermlS~'lv-e~ us~ at the s~me time and give a
report on both of them. ~. Woodard accepted the motion as changed.
The Council was informed that the petition for rezoning of Lots
21 & 22, Block D, Palm Beach Shore Acres also contained the request
for per~i.ssive use of same for a private club.
-%- 2-12-62
February 12, 1962
]~r. Avery asked the City Attorney if there was any legal reason
why the Planning'Board could not hold their two he~ings_ at the san~e
time and then word their recommsndatlons to the Council tO the ef£ee~.
that if the Council chooses to chsnge the zoning that their recommen~.~
ations concerning permissive use would be so~and-so. The City At-
torney stated that,since the Planning Boand only recommends to the
Council, he feels that both hearings could be held at the same time.
Following further discussion, )~. Avery and M~. Woodard withdrew
the motion and the second and M~. Avery moved that this matter be
ferred to the Planning/Zoning Board with the request that they con-
side, r the request for zoning change and the request for conditional
and/or peZ~lssive use and the report be returned to the Council. Th?
motion was seconded by M~~. WOOdmard and carried unanimously.
City Atto~ne~ Adams agreed to prepare, the proper legal advertise,
ment for-said rezoning and conditional and/or perm~fssive use request~.
6.f. Concerning Council approval of the fence design to be used at
the new Pos~ Office site, per agreement entered into with Mr. W. R.
Haggart, t~e City Manager informed the Council that Mr. Haggart is
prepared to =onstruct a fence six feet in height, similar to the fence
located along N. W. 4th Street om the south side of Lake Ida Shores
S/D. and that this fence presents a pleasing appearance and Is re-
commended for approval,- it being se~mo~ed by Mr. A~.ery.. The motion
was seconded by M~. Warren and carried unanimouslY/
6.g. City Manager Smitzes informed.the Council that Building Inspec-
tor Ralph Hughson had recommended that a Board of Apt~eals as~pro.~lded
for in the Southern Standard Building COde, be appointed. It.~Was
moved by Mr~ Warren, seconded 'by 'Mr. Avery and unanimously carried
that the name 'of said board be the BUILDING CODE APPEAL BOARD and that
the following members be appointed', with terms a~ '.noted.
Paul Herig General Contractor Three ~ear term
Paul Myers Plumbing Contractor TWo year term
R. C. Keen Electrical Contractor Two '~ear term
Charles Toth Architect One year ~erm
Julian Wells Roofing Contractor One year term
6oh. City Manager-Smitzes informed the Council that an applicatie~
had been'received f~r extension of water service te~ land adJacen~
the present olty limits, from Dr. R. E. Raborn. A memorandum conoern-
i~ ~am~ Was presented from the City ~Engineer. Mr. Talbot moved that
th~~ ~T~' Manager he instructed to provide water service to the
of Dr. Robert E. Raborn, east of the Intracoastal Waterway on the no~h
· .~J~de of N. E. 8th Street, on the basis that the said petitioner is re-
~me~te$ to be annexed to the city immediately. The motion was seconded
by Mr. Avery and carried unanimously.
X. Concerning a request for extension of water service ou~!~e the
01ty limits by ~. H. P~ Mueller of South Ocean Blvd., ~r. ~tBot moved
tha~ ~ir, Mueller be given his request for city water providing s~ch
affidavit as is in order be filed stating that he is willing to
come into the City at the request of the Council. The~motion~aa
seconded by Mr'~' Wo~a~d. '~pOn~'call of roll, Mr. Avery, Mayor Di~tZ,
Mr. Talbot and M~. Woodard voted in favor of the motion 'and ~. Warren
was opposed.
6',i. It was moved by Mr.' A.~ery that a Comm~lttee be set up to ~tudy a
city employee pension prog~ram and that this committee consist of Vice-
Mayor O. W. Woodard, Jrt, Chairman, City Manager Louis ~. Smitzes and
the new Director of Finance, if and 'when one is obtained. The motion
was seconded by Mr. Woodard and' carried unanimously.
7.a. Glory '~Clerk Worthing informed the CounciI that the South 25 ~feet
of the South half of Lot 7, Section 17-~6-~3 represented an easement
over an east-west strip of land extending westerly from S. W. l~th
Avenue thPough the center of ~OarveP Park~Subd~visio~, which sub~ivision
was approved by the precedimg Council, and further a~ that this
easement serves no useful purpose and t~at it is rec~nded that the
COuncil authorize tbs relinquishment of any right, title and interest
of the City of Delray Beach in euch easement.
February 12, 1962
City Clerk Worthing then read RESOLUTY0N NO. 1387.
A. RESOLUTION OF THE CIT~ CODNCIL OF THE CITY
0F DELRAY BEACH, FLORIDA, VACATING, ABANDONING,
AND DISOLAIMING ANY INTEREBT T0 THAT CERTAIN
ROAD EASEMENT ALONG THE S0~TH 25 FEET OF THE
SOUTH HALF OF LOT 7 OF THE SUBDIVISION OF SEC-
TION t?, TO~SHIP ~6 SOUTH, RANGE 43 E~ST,
ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK
1, PAGE 4, PUBLIC RECORDS OF PALM BEACH COD~TY,
FLORIDA.
Mr. Bill Williams, whose fancily is interested in property in
this area and who has also recen'ly given s~reet right-of-way in
this area, requested that the Co~u~cil defer any action on this matter
until he has had an opportunity to study their plats and records. Mr.
Avery moved that this matter be deferred until Judge Williams has had
an opportunity to let the Council know of his family,s desires in
th_is matter. The motion was seconded, by Mr. Woodard and carried un-
animous ly.
7.b. City Clerk Worthing read the following petition submitted by
Attorney John W. SPinner of Gringle & Spinner.
"Come how JARMAN C. SMITH, JR. and MARYON J. SMITH,. his wife,
by and th~ou'gh their undersigned attorneys, and file this their
Petition requesting that the Honorable City council of the City
of Delray Beach, Florida approve tAmendment to Lease' of Lease
Agreement entered into between the City of De]may Beach and
Archer & ~arriner, Inc., a Florida Corporati~on, dated September
29, 1955 and thereafter assigned to your Petitioners July 5,
1956; said proposed Amendment to Lease being attached hereto
and made a part of this Petition.
"The Petitioners further request that they be allowed to in-
crease the ~ize of the present structure now located on the
City Yacht Basin in order that the Lessee shall be permitted
to sell certain yacht supplies on the leased premises, the
description .~and the type of yacht Supplies to be sold being
described in Proposed Amendment to L~ase attached hereto.
"It is furt~.er requested by the Petitioners that this Petition
be placed on the agenda of business at the ensuing City Council
Meeting for consideration.
'"Dated this 24th day of January, 1962"
AMENDMENT~ TO LEASE
WHEREAS, a certain Leas~ was' made and entered-into on the
29th day of September, 19%5 by and between the CITY OF DELRAY
BEACH, a municipal corporation in Palm Beach County, Florida,
and ARCHER &' ~¢~RRINER, INC., a corpoPation existing under the
laws of the State of Florida, and
WHEREAS, the lessee, ARCHER & WARRINER, INC., did assign its
interest in said Lease to JARMAN C. SMITH, JR. and MARYON J. SMITH,
his wife, by virtue of Assignment dated the 2nd day of July 1959,
and
WHEREAS, the lessor, the CITY OF DELRAY BEACH, and ~he as-
signee-les~ee,' '~RMAN C. S~I[TH, JR. and MARYON J. SMITH, his
wife, are desirous Of amending Provision 1'1i Page 4 of said
Lease' pertaining.to the use of the leased ~remises,
NOW THEREPORE,'in conSideration of the lessee enlarging the
size. of the presenb building or structur$ o.n said premises in
accordance with plans'here'tOfore suBmiSt~ and'hereafter to be
approved by 'the ~CitY Bui!~£nE InsPect6~,' the lessor' agrees to
permit the sale of certain yacht. S~ppli'es on the leased premises,
and the ~lessOr and lessee agree that .PrOvision 11 Of said Lease
be"amen~ed.to, r~ad as ~ollows:~ ' ~
February 12, 1962
"Lessee covenants and agrees that it will use the leased
premises solely for boat dockage, for the sale of gas,
fuel and lubricants. The Lessee shall als0 be permitted
to use the leased premises for the sale of retail yacht
supplies. However, it is understood that the Lessee
shall be restricted to the sale of yacht supplies that
are of the type-used by boat owners for the maintenance
of boats, including such items as lines, life preservers,
lighting equipment, bum~er g~.ards, ~park plugs, cleats,
paint, varnish and accessory marine hardware. It is un-
derstood .and agreed that the permission to the Lessee of
the sale of yacht supplies is'given for the purpose of
accommodating boat owners us!ng..the facilities of the
leased premises and is not to be construed as granting to
the Lessee the right to sell yacht supplies of every nature
and description. The Lessee is hereby specifically prohi-
bited from selling marine motors, food, clothing, or alco-
holic beverages on the leased premises. The Lessee further
covenants that~all of the yacht supply items will be wholly
contained within the building structure itself, and that no
items of merchandise shall be displayed outside of the build-
ing structure, nor .shell the Lessee be permitted to advertise
the sale of any items of merchandise by plac'lng signs or
posters on the outside of said building. The Lessee covenants
that the leased premises shall not be used for any purpose
other than the uses specifically enumerated herein. Lessee
further covenants that said premises, and the installations
thereon, shall, during the term of this Lease and any 'ex-
tension hereof,.be used for proper, legitimate and moral
purposes, and that the'Lessee will not.use or suffer any
person to ~use in any manner, whatsoever the said.premises.
or the buildings and improvements thereon for~ny purpose
in violation of the laws of the United States or-'America
or State of Plorida or ordinances of the City of Delray
Beach."
IN WITNESS WHEREOF, the City of Delray Beach, Florida, has
caused this Amendment to Leas~ to. be. signed by the Mayor and the
seal of said City to be affixed thereto and attested by the Clerk
of said City, and. the assignee-lessee has caused these presents to
be signed this __day. of ........ 1962.
CITY OF DELRAY BEACH
I SEAL) By .....
ATTEST: May o~'
APPROVED AS TO FO~:
' -- . City'~ Attorney
Signed, sealed and delivered
in the presence of:
(SEAL)
Ja~an 0 ~ Smith', Jr.
~ ' ' ~ ~- - (SEAL)
', ..... ~ary6n ~. ~mith ...........
As to Lessor
As to Assignee-L.~Saee
-7- 2-12-62
February 12, 1962
Mr. Avery moved that this matter be referred to the Planning/
Zoning Board and to the City Attorney and City Manager for recommend-
ations to the Council. The motion was seconded by M~. Warren.
City Manager Smitzes informed the Council that he had received
a verbal request from the Attorneys of Gringle & Spinner, representing
the petitioners, to add the further request that this also be consider-
ed a request for permissive use along with the Lease amendment.
Mr. Avery then amended hiS~o'tion that the Planning/Zoning Board
do the Same as in'the Roig-Colman~b application with the assurance from
the City Attorney that he Will w~ite the legal-advertisement.
Warren withdrew his second to the original motion and Mr..Woodard
seconded the amended motion. Upon call of roll, Mr.. Avery, Mayor
Dietz, Mr. Talbot. and Mr. Woodard voted in ~avor of the motion and
~. Warren abstained from'voting.
7.c. City Clerk Worthing presented a petition, signed by twenty five
proper~t~v owners,' requesting.the Council to consider completing a rail-
road crossing, with gates, at S~ E. 7th Street. Mr. Avery reminded
the Council that a similar request had been presented for a crossing
at N, E. 3rd Street and moved that both requests be.referred to the
City Engineer .and to the Planning Board with instructions that they
report back to the Council. The motion was seconded' by Mr. Woodard
and carried unanimously.
8.a. RESOLUTION NO. 1383 reflecting action of the Council at their
January 22nd meeting was read by City Clerk Worthing.
A RESOLUTION OF THE CITY COUNCIL OF TEE CITY
OF DELRAY BEACH PROVIDING FOR INSTALLATION AND
MAINTENANCE OF A FOUR (4) INCH CAST IRON WATER
PIPE ACROSS AND UNDER THE RIGHT OF WAY AND TRAil, S
OF THE RAILWAY IN THE CITY OF DELRAY BEACH, P~LM
BEACH COUNTY, FLORIDA, AT THE LOCATION DESCRIBED
IN LICENSE AGREE~ENT DATED FRBRUARY 12, 1962, BY
AND BETWEEN THE FLORIDA EAST COAST .RAILWAY C0~PANY
AND THE CITY OF DELRAY BEACH, A ~ru'NICIPAL CORPOR-
ATION OF THE STATE OF FLORIDA.
BE IT RESOLVED by the City Council of the City of Del~a¥ Beach,
a municipal corporation of the State of Florida:
1. That the said City of Detray Beach, Florida, consents to
and agrees to_enter into an agreement with Florida East Coast Railway
Company, wherein and whereby said City of Delray Beach, FlOrida, is
given, the right and privilege to install and maintain a 4-inch cast
iron water pipe across and under the right of way and tracks of the
Railway in the City of Delray Beach, Palm Beach Co~mty, Florida, at
the location more particularly described in agreement attached here-
to and as per Rai.way~s Plan Corr. file 318-e dated October 9, 1961,
all according to the further terms and conditions of said proposed
agreement attached hereto and made a part hereof.
2. That the City Manager, with th2..~ttestation of the City
Clerk, be and they each are hereby autho~'zed a~d directed to execute
the said agreement for and on behalf of the Ciby of Delray Beach, a
municipal corporation of the State of Florida,
3. That this resolution shall take effect immediately upon its
passage.
Passed and adopted this 12th day of February, 1962.
8.b. On January 22nd the Council accepted a petition f~r improYement
of part of S. W. 9th Court as a result of which RE~OLUTION ~0. 1384
was prepared.
A RESOLUTION OF T~E CITY COUNCIL OF THE '~ITY
OF DELRAY BEAOH, FLORIDA, REQUIRING PLANS,
SPECIFICATIONSl AND ESTIMATE OF COST TO OPEN,
GRADE AND PAVE THAT PART OF SOUTHWEST JNINTH
COURT LYING BETWEEN S0UTHWEST~{~tX~TH AND EIGHTH
AVENUES.
-8- 2-1a-62
February 12, 1962
WHEREAS, the City Council of the City of Delray Beach, Florida,
may deem it to be necessary for the safety and convenience of the
public to open, grade and pave that 0eft of Southwest Ninth Court
lying between Southwest Sixth and Eighth Avenues to a width of twenty
four (24) feet, the City of Delray Beach, Palm Beach County, Florida~
to share in the cost of such improvement with the owners of'lands ar
butting thereon;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Palm Beach County, Florida as follows:
SECTION 1. That the City Manager be required to submit plans,
specifications and an estimate of the cost of such.improvement to be
made, and that the same shall be placed on file in the office of the
City Manager.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida on this the 12th day of February, 1962.
On motion by Mr. Avery and seconded by Mr. Talbot, Resolution Nc.
1384 was unanimously adopted.
8.c. City Clerk Worthing read RESOLUTION NO. 1385.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELR~Y BEACH, FLORIDA, ORDERING THE OPENING,
GRADING AND PAVING OF THAT PART OF SOUTHWEST
NINTH COURT LYING BETWEEN SOUTNWF~T SIXTH AND
EIGHTH t,~ENUES.
(copy of Resolution No. 13.8~ is attached to and made a part~
of the official'copy of these minutes~) See Page ~OE and 40G
On motion by ~. Warren and seconded by Mr. Talbot, Resolution
No. 1385 was unanimously adopted.
8.d. City Clerk Worthing read RESOLUTION NO. 1386.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELR~Y BEACH, FLORIDA, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN L~NDS' LOCATED WITHIN SAID
CITY: SETTING OUT ACTUAL COSTS INCURRED BY SAID
CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ABATEMENT OF SAID NUISANCES', AND DE-
DLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY
IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER
OF ...EI~AY BEACH, FLORIDA.
(copy Of Resolution No. 1386 and assessments are attached to
and made a Dart of the official copy of these minutes.)
See Page .40H and 40I
Resolution No. 1396 was unanimously adopted on motion by Mr~
Talbot and seconded by Mr. Avery.
8.e. City Clerk Worthing read ORDINANCE NO. G-427.
AN'ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF
DELRAY BEACH, FLORIDA, R~PEALING ALL SECTIONS OF
CHAPTER 2~ OF 'THE CODE OF 0RDIN~NCES, COMMONLY
'KNOWN AS THE TRAFFIC ORDINANCE, WHICH WERE NOT
REPEALED BY ORDINANCE N0~ G-408 OF THIS'CITY WHICH
ADOPTED, BY REFERENCE, THE PROVISIONS OF THE FLORIDA
MODEL TP~FF'IC ORDINANCE.
Ordina~nce No. G-427 'was unanimously placed on first reading on
motion.by~ ~'k~. Warren and seconded by Mr. Woodard.
8.fo The~ City'Clerk read ORDINANCE NO. G-428.
AN~ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION.~-i AND REPEALING SECTION 9-4 OF
CHAPTER ~9.0~ THE CoDE OF 0RDnmNOES OF THIS CITY,
COMMONLY ,EN0~N AS THE BUILDING CODE.
-~- ' 2-12--62
February 12, 1962
Ordinance No, 'G-428 was unanimously placed on first reading on
motion by Mr. Warren .and seoended by Mr. Talbot.
9.a. City Manager Smttzes read the £ollOwing~planning BoardReport
dated JanuarY 28th.
"On january'26, 1962 in ~egular meeting the Planningand Zoning
.Board considered a petition requesting that N. W. 9th Street be
· changed in name to Lake Shore Drive from N. W. 8th Ave. West.
"The four members present voted unanimously that the petition
be granted and we so recommend to the City Council.
"As a result of discussion of this matter it was duly moved and
seConded and unanimously approved that a change be made in the
subdivision ordir~nce No. G-285 to provide that a subdivider
must obtain.the approval of the Building Inspector for street
names on the final plats. Me recommend to the Council that
this change in ordinance No. G-285 be made."
Concerning the street name change, it was moved by Mr. Talbot
that the recommendation of the Planning B0ar~ be sustained, the motion
being seconded by Sir. Avery and unanimously~%rriedo
9.b. City Manager Smitzea read th~ following Pl~anning Board report
dated February 2. "
"The Planning'and Zoning. Board met on January 31, i962to con-
sider the Boards~ position On the matter 0f a sewage system in
the city of Del~ay Beach.
"We came to the conclusion that the Board is not at .this time
prepared to make recommaendations per'raining tO the'proposed
type of sewage system in as much as the Baard has not been pro-
vi~ed the~opportunity of participatlng in the various meetings
and discussions on this subject prior to Wednesday ~an. 23%, 1962~
however the Board endorses the desirability of a city wide sew-
age program similar to that outlined in the Comprehensive City
Plan submitted to the City Council in March, 1961.
"The Planning Board, not being fully conversant with the de-
tails involved in ~he present sewage prog~am, would like an
opportunity to mee~'With~. ~Lee ~f the~S~a~e~B°ard'of'Health
or his ~esignated representative and have~Sufficient time to
review~d sbudy.t~e~ter before ma~ing a recommendation in
detail to the
It was moved by ~. Avery that this report be accepted and the
request be granted. The motion was seconded by M~. Warren and carried
unanimously.
9.a. Concerning the second item of the January 28th Planning Board
report, Mr. Avery moved that the City Attorney be directed-to draw
up the necessary ordinance change, as recommended, ~or presentation
at the next regular meeting, the motion being seconded by Mr. Woodard
and unanimously carried°
X. City Manager Smitzes read a letter from Mro Henry Jo Mellon,
dated February 8th, 1982, .concerning the'replattlng of a portion of
Tropic Isle Subdivision as the result of an existing s~,il area.
lC. a. 'City Mana~r~'Smitzes presented bills fo~ app~$val as
follows:
General Fund $ 127,776.69
Water Fund - Operating Fund ~,716.51
Cemetery Perpetual Care Fund8'000.00
The bills were unanimously ordered paid on motion by Mr. Warren
and seconded by Mr. Avery.
On motion by Mr. Warren and seconded by '~. Avery the meeting
adjourned at
APP~D: 'C i ty~'E lark
"- M ~ ~O-H ''-10- 2-12-62
PROPERTIES IN VIOLATI'ON OF ORDINANCE G-147 AND
SECTION 15-3 & 4 OF THE CITY CODE
CITY
O~ER~ .ADD.RE. ~.S LOT, BLOCK & S/D CODE
William R. & ~3 Second Avenue Lots 10 thru 14, 4
Margaret E. Bourne New York 10, N;Y. Blk. 11, Osceola
Park
J. B. LeOlere Maple Bane Lot 2, Blk. 10, 4
Oak Hill Farms Seagate "A"
Allison Park, Pa.
Helen M. Rust 133 Elderfield Road Lots 3,~{5~ Blk. 10, 4
Flower Hill Seagate 'A
Manhassett, L.I., N.Y.
Laurence S. 228 Meadow Road Lot 6, Blk. 10, 4
Harrison Scarsdale, N.Y. Seagate "A"
J. B. LeClere Maple Lane ~ot 8, Blk. 11, 4
Oak Hill Farms Seagate "A"
Allison Park, Pa.
O. Clifford & 5877 Evergreen Rd. Lot 9, Blk. 11, 4
Helen M. Grimshaw Dearborn 6, Mich~ Seagate "A"
Norma G. Rogers 1010 Bucida Road Lot 2, Blk. 15, 4
Delray Beach, Fla. Seagate "A"
Wilmer B. & 1141 Foxchase R~, Lot 3, Blk. 16, 4
Marguerite E. Hoge Birmingham, Michj Seagate "A"
Helen M. Rust 133 Elderfield Rd. Lot 11, Blk. 16, 4
Flower Hill Seagate "A"
Manhassett, L.I., N.Y.
R.D. & Ruth ¢. C/O D. Galvin Lot 23, Delray Isle 4
Campbell P.O. Box 858,
Delray Beach, Fla.
Cornelia Mitchell P.O. Box 1724 S 65' of E 135' of 3
Delray Beach, Fla. Lot 11, Blk. 24
(Bldg. trash)
McKinney, Inc. 2650 Ibis Drive Lot 171, Tropic Palms 4
Delray,Beach, Fla.
Emerson C. &.Unie 624 S.E. 12th Terr. Lot 172, Tropic Palms 4
F. Church Deerfield Beach.~ Fla.
Reid P. & Edythe 90 Magnolia Avenue Lot 173, Tropic Palms ~
Crippen Tonally, N.J.
Wm. A. & Gladys 1~56 S.E, 9th St. Lots 17~,175,176, 4
Rosenbach Deerfiel~. Beach, Fla. Tropic 'Palms
Harry & Olive Sue 8370 Waverly Circle Lots 177,178,179, 4
Linkletter Buena Park, Calif. Tropic Palms
William J. Kayo 14525 0rawfcrd Lot 180 4
Midlothian, Ill~ ~Trcpic Palms
CITY
O~qqE~ ADDRESS LOT. BLOCK & S/D .qOPE
Frances J, Jr. & 911 S.E. 12th Ter, Lot I81, Tropic Palms ~
Mary R. Offer Deerfield Beach, Fla,.
Mellon Land Corp. 3405 S. Fed. Hwy, Lots 182 thru 186, 4
Delray Beach, Fla. Tropic Palms
Joseph E. & Virginia K. 3081 Harbor Drive Lots 187,188 & 189, 4
Sirhal Ft. Lauderdale, Fla.'-. Tropic Palms
c~o oseph' ~trha~ .~ L~.ts 190,191,I92, "~ 4
3681 Ha~h°r ~r'~' . ~ Tropic Palms '
Ft. Lauderdale, Fla.~
North Tropic Isles, Room 420, LanE Bldg, Lots 193 & 194, 4
Inc. 370 S.E. 2ndSt. Tropic Palms
Ft. Lauderdale,~!a,
Katherine & Anna Lou P.O. Box 20341 -.. Lots 1, 4 & 5 3 & 4
Kittinger & Georgie Miami B~ach~O, Fla. Carver Square
M. Jennings·
Rosa Lee Newman P.O. Box 1475 Vacant N part of 3 & 4
Deir~y Beach, Fla. Lots 2 & 3, Carver
Square
Ella Bell Holloman 101 S.W, 5th AVe. Vacant part of Lots 3 &. 4
Delray Beach,.Fla~ 7 & 8, Carver Square
Jack Maynard 248 Home. Avenue Lots 11 thru 30, 3 & 4
Oak Park, Illinois Carver Square
City of Delray Beach CityHall . 22' R/W of S.W, 2nd-3 & 4
Delray Beach,'Fla'~ Court,
22.' R/W of S.W. 2nd
~errace,
Carver Square
City o£ Del~ayBeach~ . Ci,~y Ha~l . ~.~i.~',~ S~reet R/W, s.W. 3 a 4
Delray Beach,~FiAj 7th Ave. Sohth from
S.W. 2nd to S.W. 4th
S~reet, Carver Square
City of Delray Beach Ci'ty Hall Street R/W, S.W. 3 & 4
Delray Beach, Fla. ~rd Street between
6th & 7th Ave.,
Carver Square
Beach Park~Oorporation 4~5 Hialeah Drive S 900' of W 250' of 4
Hialiah,-Fla,~ E 750' of W 3~4 of S
· ~ of NW 1/4 of Sec.
20-46-43
Carl Lee Fashaw 236 S~%~. 5th Ave, Lot 1, 4
Delray Beach, Fla'. Blk. 15
Carl Lee & Henry T. 236 S.W. 5~hAve. Vacant part of Lots 4
Fashaw Delray Beach, ~la. 2,3,4,5, Blk. 15
Alfreda Gordon 1812 N.]~, 68th St.~ Lots 8 & 9, Blk. 15 4
Miami ~7, Florida
David & Muriel Hil~ 607 $.W. 3rd Street Lots 12 thru 18, 4
Delray Beach, Fla~ Blk. 15
Alvan McFord' ~.,~'~ ~4 N.~'. l~th Ter.~ · Lots 22 thru 26, 4
...... Miami' 36,'~i~a-~'~ ~ik. 15
Sandolfon E. Gibson ~c/o Reliable Loan Lots 32 & 33, Blk. ~
ServiCe, 15
533 Clematis St.
West Palm Beach, Fla.
CITY
OVNER ~DDRESS ~OT, BLOCK ~ $/O CODE
Grace Forrest, 5811 S.~. 10th St. Lots 39 & 40,. 4
Trustee Miami, ~lor~da. Blk. 15
Charlie & Matilda 225 S.W. 6th Ave. Lot 48, Blk. 15
Johnson Delray Beach, Fla.
H. G. & Celestine 1435 Steele Street Lots 49,50,51 & 52, 4
Poiter Jacksonville, Fla. Blk. 15
City of Delray Beach City Hall Alley R/W N & S 4
Delray'Beach, Fla. Blk. 15
G. M. Stannard c/o Ethel B. Deimel Lots 33 & 34, Blk. 4
658 Wick Avenue 7, 0sceola Park
Youngstown 2, Ohio
Edgar M. & Elsie May 21Ridley Blvd. Lot 36, Blk. 7, 4
Dean Toronto, Ontario, Osceola Park
Canada
Oscar B. Sabin Box 93 Lots 38 & 39, Blk. 4
Tavenier, Florida 7, Osceola Park
John J. Swezey 2664 Tulip Place Lot 40, Blk 7, 4
North Bellmore, N.Y. Osceola Park
Alice L. Jacobsen 905 Amaryllis Ave. Lots 35 & 36, Blk. 4
Meyer Oradelt, N.J. 9, Osceola Park
Alice Travnikar P.O. Box 342 Lots 20, 21, & 22,
Delray Beach, Fla. Blk. 103
Lottie Belle Snow Tuscaloosa, Alabama Lot 24, Blk. 103 4
Leroy & Lessy Hays Gen. Delivery Lot 25, Lincoln Park 4
Delray Beach, Fla.
Curtis H. Dodson PlO. Box 2545 Lot 26, Lincoln Park 4
Delray Beach, Fla.
Blanche M. Lax 531 $.W. 71st Ct. Lot 27, Lincoln Park
Miami 44, Fla.
Hanna Hankerson Rt. #l, Box 250 Lot 31, Lincoln Park 4
Delray Beach, Fla.
Eleanor Johnson 6 Hollywood Ave.. Lot 33, Lincoln Park 4
Montclair, N. J.
Henry & Gertrude 317 S.W. 2nd St. Lots 1 & 2, Blk. 2, 4
McFord Delray Beach, Fla. -Belair Heights
Priest Land Co., Inc. 228 S.W. let Ave. Lots 5,6,7,8 & 9, 4
Delray Beach-, Fla. Blk. 2, Belair Helghts~
Adam Olivieri Bird Rd. Lot lC, Blk. 8,
Naugatuck, Conn..~ Osceola Park
Melvin B. & Edith 340 Van Buren Drive'Lot 1, Blk. 9,
Denend RFD # 5 Osceola Park
Huntington,..L.I., N.Y.
Arduino & Juliette P.O. Box 826 'Lots 10,11,12 ~ S 4
Collamati Woonsocket, R.I. 40.5' of Lot 13, Blk.
9, Osceola Park
Lucy Hankins 104 N.E. 4th Ave. S 100, of N 115' of 4
Delray Beach, Fla. E 128.5' of w 153.5'
of Lot 10, Section
21-46-43
CITY
OWNER ADDRESS ~OT, ,BLOCK ~. S/O C,0DE
Carl C~ & Mary .Angus 26'9 Brookline St. Lots. 6 & 7, Blk. 2, 4
Mullen Newton Ctr., 59, Lake View Hghts.
Mass.
Anthony Totero, M.D. 4 E. 89th Street, Lot 9 less E 10' 4
New York 28, N.Y. -of Blk. "F",
'Eirst Addn.
High Acres
Russell E~ & Gene 7028 Ragland Road Lot 1, Blk~ 1, 4
Forshee Cincinnati ~4, Ohio Totterdale Addn.
Thcs. J, & Isabell 15 Spruce Terrace Lot 5, Blk. 1, 4
Pritchard Packanack Lake, N.J. Totterdale Addn.
Walter & Mary Box 402 Lot 7, Blko 1, 4
Visocky Delray Beach, Fla, Totterdale Addn.
Dorothy M. Sprayberry 2056 Magnolia Rd. Lots 8,9, &~.'10, h
Homewood, Illinois Blk. 1, Totte~dale
Addn.
Geerge H. & Irene 1311 Lake Drive Lot 8, Blk. 5, 4
A~Stl~'~...' ' Delray BeaGh, Fla. Totterdale'Addn.
Mary ~iaO~ky 812 W. Sugnet Road Lots 13 &'14, Blk.. 4
Midland, Michigan 95
E~elyn A, Kuefner P.0. Box 184 Lot, 14, Blk. 104 4
Dickerson Port Jefferson Sta.
Long Island, N.Y.
Igor & Zinaida Egle 550 1,,. 157th St. Lot 15, Blk. 104 4
~ew York 22, N.Y.
Ui~y Of Delray Beach City Hall W 165'.of N ~ of 4
Delray Beach, 'Fla. Lot ~.(1G) & W 3/4 .
.... of S~ of LOt 1 (lI;,
Section 20~46-43
Mary B. ~eeler 41 Hinsdale Avenue Lot 10, Blk. 3 4
Winsted, Conn. Osceola Park
Brett R. Russell kO1 S. Fed. Hwy. N ~ of Lots 7 &'8, 4
Delray Beach,Flal Blk. 5, Osceola Pk,
Elizabeth R. Turner 18 Miramar Drive S ~ of Lots 7 & 8, 4
Delray Beagh~ Fla. Blk. 5, Osceola Pk.
Marie C. Thomson 4~1 Summa St. Lot 9, Blk. 5, 4
West Palm Beach, Fla. Osceola Park
W. Scott Piersol P.O. Box 5697 Lot t & 2, Blk. 5, 4
Daytona Beach, Fla. Osceola Park
Nicholas & Nathalie West Cross St., Rt. 2, Lot 1, Blk. 8, 4
PuJol Box 131, Jackson, N.J. O~ceola' Park
Roy E & Olga Lee Rt. 2, Box 240, Lot 4, Blk. 8, 4
Lake Worth, Fla. 0sceola Park
Inez Morgan 723 S.E. 2nd Ave., Lots 19 & 20, Blk. 8, 4
Delray Beach, Fla. Osceola Park
John Galli Port Jefferson Sra., Lots 21 & 22, Blk. 8, 4
Long Island, N.Y. 0sceola Park
Wm. Disston ' c/o Mrs. A. %L Swartz, Lot 10, Blk. 7 4
Jr., 1608 Hannis Road Osceola Park
Philadelphia, Pa.
Bertha GraUsso RFD #1, Box 154A Lot 11, Blk 7 4
East BrunSwick, N~J. 0sceola Park
Anthony & Violet M. 31 Bheffield Rd. Lot 3~ Blk. 1 4
BenneJzt Summit. N.~J.. Sea~$te Ext.
CITY
owm~,~ AOORESS LOT~, BL0C~& ~/D CODE
Delray Beach P.o~ Box 2h85 Lots 4 & 5, Blk. I 4
Dev. Co. Delray Beach, Fla. Seagate Extension
Richard W. & · 711 Shore Drive Lot 9, Blk.'l 4
Eleanor Nelson Boynton Beach, Fla. Seagate Extension
~illiam H. & 1005 Lewis Cove Lot 1, Blk. 4 4
Margaret W. Delray Beach, Fla. · Seagate Extension~
Gantner
'Edgar M. & Box 3028 Lot. 2, Blk. 4 4
Florence C. Charleston, W. Va. Seagate Extension '
Tutwiler, Jr.
Gilbert Austin 214 Abbey Road Lot 4, Blk. 4 4
Manhasset, L.I., N.Y. Seagate Extension
Allan K. & Marcia ~20 $. Ocean Blvd. Lot8'I Blk' 4 4
F' Estabrook Delray Beach, Fla. Seagate Extension
McEwen Investment P.O. Box 2199 Lot 1, Blk. 3 4
Co., Inc. Wichita l, Kan. Seagate "A"
Thomas S. ~ 22475 McCauley Road Lot 2, Blk. 3 4
Mildred L. Ireland Shaker Heights 22, Ohio. Seagate "A"
W. G. Holloway, 701 S. Ocean Blvd. Lot 5, Blk. 3 4
Jr. Delray Beach, Fla. .Seagate "A"
F. Mills & Toby's Lane Lot 10, Blk. 4 4
Elizabeth C. New Canaan, Conn. Seagate ,'A"
Legler
Thomas F. & 1524 Central Ave. Lot 9, Blk. 4 4
Dorothy E. Brown Sandusky, Ohio Seagate "A"
Lucy MacLeod P.O. Box 1916 Lots 3 & 4, Blk. 4, 4
Helm Delray Beach, Fla. Seagate "B"
Walter S. & 4650 Arapahoe Drive- Lot 5, Blk. 4 4
Margaret R. Ortega Terrace Seagate "B"
Crawbuck Jacksonville, Fla.
Submitted to the City Cotuucil by the City
Manager this 12th day of February, 1962.
RES.OLDTION NO. 1385
A RESOLUTION OF THE CITY COUNCIL..OF THE
CITY OF DELRAY BEACH, FLORIDA, ORDERING
THEOPENING, GRADING AND PAVING OP~THAT
PART OF SOUTHWEST NINTH COURT LYING
BETWEEN SOUTHWEST SIXTH AND EIGHTH
AVENUES.
~4EREAS, the City Council of the City of Delray
Beach, Florida, did, on the 12th day of February, 1962, adopt
Resolution No. 1384 ordering the City Manager to prepare plans
and specifications, together with estimate of cost of opening,
grading and paving of that part of Southwest Ninth Court lying
between Southwest Sixth and Eighth Avenues to a width of twenty-
four (24) feet, and requiring said plans, specifications and
estimate of cost of such improvement to be placed on file in
the office of the City Manager, and
~,~IEREAS, the City Council deems it to be necessary
for the safety and convenience of the public to open~ grade
and pave said street,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Delray Beach, Florida, that it is determined to
make the following described improvement, to-wit;
To Open, Grade and Pave that part of
Southwest Ninth Court lying between
Southwest Sixth and Eighth Avenues to
a width of twenty-four (24) feet, the
total cost, as estimated, for such im-
provement being $4,000.00.
BE IT FURTHER RESOLVED that the entire cost of such
improvement shall be shared by the City of Delray Beach, Florida,
and the following described properties in DelraY Beach, Palm
Beach Co~mty, Florida, on a basis of the City of Del~ay Beach
paying twenty (20) per cent of the cost of said improvement
and the abutting property owners, said properties shown below,
paying eighty (80) per cent of said total cost, by special
assessment.
,S~D~V~,SI,O,N Lo~
" " 27,28,29,30,31 & 32
" " 33 & 34
" " 35
" " 49 a 50
" "
" " 54, 55 a 56
" " 57 a 58
" " 59
" " 60
said benefits to be determined and prorate~ according to the
front footage of the respective properties as set forth immedi-
ately above.
BE IT FURTHER RESOLVED that s~id special: assessments
against al! the parcels of lands as set' forth above which are
specially Benefited, shall Be and remain liens superior in
dig~ity.to all other liens, .except liens fo~ taxes, until paid,
from the date of the a~sessment upon the ~es~ective lots and
parcels of land assessed, and which shall Bear interest at the
rate of eight ('8) per cent per annum, and which may be paid in
three (3) equal yearly inst~llmenta with accrued:interest on
all deferred .payments. Payment shall Be made a.~ the same place
that taxes payable to the City of Delray Beach, Florida, are
paid, namely'the Office of t'he 'City Tax Oollector, and upon
failure to any propertYowne~ to pay the annual installment
due, or any annual interest upon deferred payments, the City
of Delray Beach may bring necessary legal proceedings by a
Bill-in Chancery to enforce payment thereof with all accrued
interest, together with all legal costs incurred, including a
reasonaBl'e attorney's fee. The total amount of any lien may
be paid ,'in fUll at any time with interest from the date of
assessment.
IT IS ORDERED that the City Council shall sit at
the City Hall in the City of Delray Beach, Florida, at 8:00 P.M.
on the 26th of February, 1962, for the purpose of hearing
objections, if any, on said-proposed improvement, as set forth
above.
PASSED AND ADOPTED by t~e City Council of the City
of Delray Beach, Florida, on this the l~th day of February,
1962.
/s/ Walter Dietz
~MAY O~R
ATTEST:
/s/ Ro Do-Worthing
City. Clerk
RESOLUTION NO. 1386.
A ~OLBTION OF THE CITY COUNCIL OF T~E ,CITY OF DEL~Y
BF~CH, FLORIDA, AS~SSING CO~TS FOR. A~TING NUL~NCES
O~ ~'AOT~L '0~i ~0~ BY SA~' CX~ T0' ACC0~LISH-
3~a A~TE~ A~ ~NG ~E C~T OF $~H A~~
~S,. t~ City Co~oil of the City ~ Delta2 ~ach,"did, in
re~la~ ~. ~ session held ~ the 2~rd of
_deo'l~e ~ e~stenoe'.of'a nui-
s~c~ upon ~e~ta~ ~o~. o~ P~Ce~ of ~d, described ~n'a l~st sub-
~S, p~su~t to such decimation, ~e O~t7 Clerk
C~tF d~d f~sh each of t~e ~eepect~.e ~,$ of the lands described
~ sa~d l~st w~th a not~oe deso~b~ .~e ~t~e of ~e numade ~d
that the~ ~at abate sa~d hUla,ce w~ ~t~ (30) da~a~ fa~l~
~n wh~h the C~ 0o~1 would have ~t done, ~d the coat thereof
would be lev~ed aa an assessment ~a~et aa~d p~ope~t~ ~d
~S, ~e ~e he~e~t~ n~ed d~ ~all ~d neglect to
·bate ~e nu~a~e e~st~ upon ~ ~espec~: l~ds w~ the
De~ Beach was requ~ed to and did .-ente~ upon the follow~n~
~d inc~ costs ~n abat~n~ ~e nu~S~oe ex~st~ ~e~eon as described
tn'the aforesaid l~at~ ~d
~, ~e tit7 ~a~e~ of ~e C~ of ~1~a7 Beach, has, p~-
su~t to s~id Ord~n~e~-~ ~7 ~d ~ C~t~ Ch~te~ au~tted .to the.
Oit7 Co~c~l a ~epo~t of t~ costs ~ed ~n ab~.. ~e nuisance
as ~esa~d, sa~d ~epo~t ~nd~oat~ ~e to. ts pe~~p~cel
~nvolved,
NOW, T~O~, ~ IT ~OL~ ~ THE CI~ CO,OIL
OF DEL~Y ~CH, F~, ~S FO~
1. That asseas~nts ~n ~ ~nd~v~dual ~ts aa sho~ b~ ~e
~epo~t of ~e O~t~ ~6er of ~e C~%~ of ~1~a7 Be~, ~n~ol~ the
C~tF~s toss of abat~ ~e ~esa~d nu~s~e. ~on
cels of l~d described ~ sa~d ~eport, a cop~ of which ~a attached
hereto ~d ~de · p~t he, eof, ~e levied a~a~t the p~cels of land
described on sa~d ~epo~t ~d ~n ~e ~o~te ~d~oated..the~eon, Sa~d
assessments .o lev~ed a~ll be a l~en upon the-~eapect~v~
lots and p~ce~ of land ~eec~lbed ~n ea~d ~epo~t,
nature and to the s~ extent ~ ~e l~en fo~ 6anal c~t~ taxes and
shall be colleot~ble ~n ~ s~ ~e~ ~d .w~th the s~e penalties
'~d ~de~ the .~e p~ov~s~ons as to sale ~d forecloses as o~t7 taxes
:~e collect~ble.
~. ~at the Ci~ Cl~k of said Ci~ shall, as soon as possible
~te~ the effective date, ~eco~d a certified o~2 ~ this ~esolution
in ~ office of the C~k of the Cl~uit Co~t ~ ~ fo~ Pa~ Beach
CounW, Florida, ~d shall f~ish to each of t~ o~e~s n~ed in ~d
on said report a notice that the Ol~ Co~cil of the Oi~ of Delray
each, did, on the 22rd of qoto~er, ~96~ .
orde~ ~e abatement of a ce~aln~nu~s~oe e~S~ on' the~ described
property ~d property o~ ~ing failed to abate such n~s~ce,
within ~e 30 d~ period, w~eupon it was abated by ~e City at costs
sh~ in said report and such asseas~nts shall be legal, valid ~d
bi~g obligatio~ ~on the property against w~ch said assess~nts
~e levied. This ~esolution shall bec~e effective 30 days from the
ate of adoption, ~d the asseas~nts contained herein s~ll become
ue ~d payable ~t2 days ~te~ ~e ~ili~ date of ~e notice of
said assess~nt, .~te~ ~lch ~te~est shall acc~e at the ~ate of
pe~ ~ on ~2 ~aid portion t~eof.
~_Feb~ ........
--
: /s/~alte~ Die~z
/s/
pRqp~E~ ~CRI,~ION O~ ASS~SENT
Lot"22'~ -Block ~, .
Seagat~ Extension Bayvi~
Lot ~3', Block %,
~ · aga~e Extens ion Edw~d s
Lot ~, Block 5,
RiO Del Rey Shores , A~r'ed E. W~d 5.58
Lot 22, 'De~a2 Isle Margaret Randolph 5.%8
Lot 6, Block 4, Stephen B. & M~Jorie
Rio Del Rey Shores P. Keeler 5.58
Lot 7~ Block ~ C.F. & Tonetta
Rio Del Rey~Shor~es ~t. Jo~ 5.58
Lots 11 & 12, Block
Rio Del Rey Shores Bessie c. Addition 10.15
~ts 1 & 2, Block 1,
Rio Del Rey ~hores Willi~ M. i~lle~ 10.15
Lot 3, Block 2, D.F. & Ursula B.
Rio Del Rey Shores Hulgrave 5.58
~ot 4, Block 2, Dan F~J~.:~'~ Kat~yn
Rio Del Rey Shores Hulgrave 5.58
Lots % '& 6,- Block
~ts 7 ~ 8, BloCk
E. Jack Bar~ 10.
Rio Del"Re2 Shores - ..
Lots:8 ~'~9, Blcck~ll,
Osceola P~k 0sc~ B. Sabin 10.15
Lots~.~3~;~$%~ ~6, sunset Park Roy
Lot 3, Block 3~J Estelle S. Singleton 5.58
~os. S. · Betty Hatcher 5.58
Lot 62, Delray M~or
~ts.63, 6~'./~"6'~; Lester' B. a Vera Loe'
Delra2 ~Manor Cupps ~. 73
N 50' ~ S 150' of.'W
W 7%~ of L~t ~O, Bilk
Seagate ~tension E~y L~ .~1~ 5,58
Lot 3, North ha~ of Bloc~ 22~'" LeRoy.:~;~Ve~e ~aine 5,58