05-14-62 i03
~'~Y 1~, 1962.
A regular meeting of t_h.e City Council of Delray Beach Was held
in the CoUncil Chambers at 8.00 P.M., with Mayor Walter Dietz in the
Chair, City Manager Louis ~. ~tzes, City Attorney Jo~ Ross Ad~
and Ce~oi~en A1 C. Avery, George Talbot, Jr.,. George V. Warren and
Olive~ W. Wood~d, Jr., bel~ present.
1. ~ ~ening praye~ was delivered by Counci~ A1 ~. Avery.
2. 0n motion by Mr. Woodard ~d seco~ed by t~. W~en, the ~nutes
of April 23~d an~ May 1st, 1962 meeti~s were unanimously approved.
3.a. A roll call sh~ed that the followi~ organizations and repre-
sentatives were in a~tendance:
Pl~oaa P. T.A. Bry~t Myers
~a~ue ~ Women Voters ~s. F~k Cavey & ~s, Charles C~oss
V. F.W. C~ence B~
Ch~ber of O~erce ~. LeRoy Croft
Sea,ape Garden Club ~s. J~es Bowen
Be~a Siva ~i ~s. Paul ~owles, Jr. &
~. -M~lon Wei~
4. Mr. Warren read ~e minutes of the May 10th ~autification
Co~ttee Meeting with ~o~ents on the following p~agraph:
"~e sub-co~..ttee appointed to investigate the landscape
around the Blue ~ta~ M~ortal ~rker reco~ended that no
brick o~ stone st~cture be added to the ma~ker but that
the e~sting s~ubs be removed and a more suitable plant-
ing be made. A ~otion was ~de by ~. Galtnat, seconded
by ~. Merritt. ~hat the Coat.tee accept the reco~end-
ation of the s.ubwco~ttee. Motion passed."
~e City Manager was instructed to take care of this item.
6.i. City Manager S~tzes reported that a Public Auction had been
he~d at l:00 P.M:, today on a piece of city o~ed l~d lying in the
S~ of Bection 1~, To,ship 46 Sputh, Range' 43 East, t~s tract of
land contai~ng appro~mately 13~ acres ~d located South of Atlantic
Avenue and lyi~ between the Seabo~d Railroad and proposed State
Road No. 9, ~s sale was held as a result of a base bid being
offered to buy said tract of l~d by the Ter~nal ~ansport Co., Inc.
The City Manager fur~er reported that the only bid offered was in
the ~ount of $47,000.00 ~d was made on beha~ of Ter~nal Tr~sport
Co,, Inc., that the auction was held as provided for in the City
Charter and the Council now has the privilege of accepting or re-
Jecting the bid of $4~,000.00 subject to the conditions contained and
set forth in the legal advertisement of t~s ~blic Auction.
~. Woodard co~ented as follows: "Prior to making a motion, I
~ght state, for the benefit of those who are not aware of the situ-
ation, that this afternoon the only bidder present was Ter~nal Trans-
port. ~ey had already placed a base bid of $36,000.00 on ~is prop-
erSy ~d ~on f~ther discussion thSs afternoon it was ~ete~ned,
~ter analyzi~ a current appraisal of this property, that it would
be fair both to T~r~nal Transport and to the City, ~d a realistic
price of $47~000.00 was placed on this property." ~. Wooded com-
mended the Terminal Tr~spo~t Co~a~y representatives fo~ their civic
action and moved that thei~ bid of $47,000.00 be accepted, ~d further
stated t~t it is Te~nal Tr~sport intention to build a retinal
valued at approximately ~200,000.00 on this property ~d l~dscape
s~e and tha~ they a~e also considering the possibility of establish,
lng a lo~al headquarters which would hire approximately t~ee h~dred
e~l~ees.
~. Wooda~d restated his motion as follows: "I would like to
m~e that we accept Terminal Tr~sport~s bid In the ~o~t of
$47,000.00 for the p~operty as legally adve~tised ~d deso=ibed."
~e motion was seco~ed b~ i~.. Ave~ ~d carried unanimously.
104
M~¥ lC-, 1962.
6.f. City Manager Smitzes informed the Council that an offer to sell
to the City the SWA** of Lot 12, Section 8-46.-43 had been received
the Board of the Trinity Ev~n~elical Lutheran Church, and read the
following letter received cC~derning same, signed by Albert L.
Miller, Jr., President 'of ~e 'Board of Trustees',
"In accordance ~with your'~equest I am subm~$t~ng to the City
Council, through your office, a..ne~ proposal fo~ the sale of
the 'Davis Property' to the.City of Delmay Beach.
"Our Church wishes to offer for sate~the 'Davis Property'
excluding'%he sprinkling system for the sum of ~$~O, 000.00
providing the city will assume the 'closing costs and prorate
the 1962 taxes.
"If these terms are satisfactory with ~he City Council the
Church will be able to enter into a sales agreement with
City when the 'Weir Property' can be purchased. .
"When the 'Weir Proper~Y' is purchased the Churc. h ~!ll... in,
clude in the sales agreement'the dedicatidn 'to the City 'of
a gO' right-of-way from 'the ,Weir property' whicti borders
on N. W. gth Street.~
"We deeply appreciate the time that you, M~. Worthing, and
the me~'~ers of ~he: 'C ~t~ 'C~o~nc ii :.hfiw~-~e~ to ~he ar and
analyz~ our proposal."
The"¢ib~ Manager irfformed the'.0o~i:l'th~t _the~e ~as a!s~ a
letter fr6~ S-eC~e~ar~' ROhaId G'l~Soh' O~ t~e':lT~ihit'y E~g~tioa~
Lutheran C~h~ch Whic~ lists the TruSt~eSs' as aut~or'izing ~said
President~ to m~e sUCh~e$~tie$ioh ~i~' the C~i~'; "~
~. ~verY moved~ ~tH~ab ~e~r~Cf:ty 'M~$~ ~1 ~h~?ru~ted to enter in-
t0 a purch~ase agreemSnq ~h~ the Trinit~ EV~g.e!~al ~er'an Ch~ch
for this ~operty, wi~in '~is cel'end~ yea~: ~DJecb to the terms of
the offer as made to ~. ~ller and that t~ money be taken from the
proceeds 'of;rthe ~ity~ 6~e~ ~aCt s01d' thi~:~m2~0 T$~inal Tr~sport
Co., Inc., and that it. be contingent upon ~he Church getting ~he
Weir~p~bpertY, and othe~r~:~g~e~ts as stated 1~ .their iet~ter.. ~e
motion was'. seconded by '~.' Warren ~ff~POn~ carol: Of roll, ~. Ave~,
MaYor Di~'z,'Mr*. W~r~en ~d~. wode~:ra Vot~d:*im~faVor Of ~he motion
and '~'. 'Ta~bo~ abstained f~o~ ~votinE~ · ' ' '
it was~ nOte~ as being ~a~greed'' ~on~ thatL if ~he~ ChUrch does obtain
the Weir Pr0p~erty they wily 6edic'~¥ ~e~SO~h ~0 f~et~ thereof fo~
rl~t-~f-w~ e~' N. W.~ 4~h strew% ~i°~~ !s.need~~ f0~ ~he Widening of
said. s~reet~ ' ~ ~ ~' ......
6.a. ~e· COunCil was i~o~me~d bhat~ t~he ~d~$velO~S~ L~'~She~ood Park
SubdiVisf0n ~eqUest: t~ir aPProVal of.
7, 8, 9 ahd~ tO~of~ ssi~' subdiviSi0m,~ ~A~d ~ha~ ~it~$~ ~'~c~ebded' by
the citY ~er' t~at' S~e b~e ~efe~red~t~O~ ~He~P~in~Zoning Board
for~ th~lr's%u~y~ahd r~4o~endati~&~s'." ~ ~ ~'~'~' ~?'J~ ~ '
~ ~.W0odard~.mev~. to 2eTher %his ~i~~ ~ ~ ~ ng
6,~. ~e,:~oun~il was r-urt~er'~or~a' ~"~'a~P~. ~ S~erwoo
Pa~k', ~quest. ~ ~endm~ .t~. ~eC:~iem', .~'~'D~a2 ~ea~- ~ontn~
Co~e,' p~r~'aintng to ~he' requirement~ '~[.~/~-~"::A~B': ~t~c~, ~a .
that it. is' rea o~d~8 ?tha2. ~is reqU~s~':'~'[~e~r'~[ t'P' ~ ~!~in~
Zoning' BOard for'-~etr .~onSi~e~atient:':~d ¥SeO~da~fOfi';-'x~ bemng so
that ~he :'m~tlon ~; am~n~ e~' t~a~ .-th~ [[Pl~fn~~' BO~a :'s fudy .~ 9o,. ~see. if ·
the R~I :~,~B Z~he~u~ :~.e b~eu~t" ln~: R~:'~ AA'A~'~he.:;.' i~:~Or~er that
eme .~d :no~'~be: tSe :'m~y ~on$s; :.~ '~Wo'88~d':'~a~Svthat he' "feit
¥o~e~ation~. ~ut $c$~p~ed ~'::'~en~ent to his' ~oti,n that they
6.0. The 'O'~eil ~ ~:a':ilcense to
sell be.e~ ~' Xved from
Daniel.Price, and individual,s character references had
been checked In approved. However, it was
~eco~ended that this application be d.bnied inas~ch as this address
-~-
MAY 14, 1962.
constitutes only the office of the Atlantic Cab Company and that
there is aLr6ady a beer and wine license ~Sn that side of the street
in that block, it be ~l~g so moved by Mr, Warren. The motion wa~ sec-
onded by ~. Wootard and carried unanimously.
6.d. A surv$~ report of alleged NUisanceS :existing in Violation of
Chapter 1% e~ th~ Cl$$,s Code of Ordinances that had~en furnishe~
by the Fire Depaptmen~ was Presented, ' ~
It was mo~e~ by Mr. TaXbot, seconded by Mr. A~ery and unanimous-
ly carried to direct the City Clerk to comDly with Ordinance' N0~
G-388 as applicable to this Nuisance survey report.
(Copy of NUisance survey report~is attached to and made
a part of the official copy of these minutes.)
See I~2 A, 112 B,ItYC & 1129
6.e. The City Manager presented the following bids that had been re-
ceived for plaOltg of 3~00 ~-i~ 4%00 tons of asphaltic~ concrete in
connection with~ the city's road maintenance program, and recommended
that the bid 'be given to the low bidder
Dixie Asphalt comDany $6.63 ton
Rubin Constr~ction Company 7.10 "
R. H. Wrl~h~ & Company 7.23 "
It was moved by Mr. Talbot that the bid be given to the low
bidder, the Dixie Asphalt Company, the motion'being seconded by Mr. ~'
Wood ard.
Mr. Avery was asked to comment on testing of ~he asphaltic
concrete and commented as follows: "As to this, and I will vote for
it on this basis, that the City Administration be instmucted to ex-
plore the possibility and feasibility of havi~ an inspector---
contact Mr. B. Woolbright of the State Nighway Department about the
possibility of having an inspector at the mixing plant to check on
the specifications and controls, to assure us that we are getting the
tonnage which we are purchasing.
Upon call of roll, the ~tion carried unanimously.
The City Manager e~la~.~o the Public that the street im-
~rovement program for which p~hase has Just been authorized for
asphaltic concrete pertains to the fact that. there is approximately
37,000 lineal feet of streets., to pave within the city limits and
approximately half of those streets fall in the. possible routing of
the major sanitary sewer program that is pending at this time. The
city is faced with the choice of two methods, of Procedure. The first
method, would be to refrain from paving those streets that could'
possibly be in the sewer paving program which would mean a delay of
possibly from one to two'years. The second method, which is recom-
mended be used, is to go forward on the street maintenance program
and pave said streets which would actually cost the city less than
to maintain streets that are badly in need of repair, for an in-
definite length of time.
6.g. Concerning proposed Wags and salary ~urvey, Mayor Dietz an-
nounced that this item would be postponed until next meeting as the
information is not completely available.
6.h. Regarding traffic lights at Venitlan Drive and Atlantic Avenue,
and North ~winton Avenue and Second Street, City Manager' Smitzes read
the f$llowing letter from the Tr~fic &' Plannin8 Depamtment of the
Florida State Road Department, dated APril 17th, and a memorandum of
May 14th from the Director of Public Works.
"This is to acknowledge your letter of April 9, 1962, in whicH'.
you request traffic studies at the following intersections:
southbound SR 5 (US 1) at N. E. 4th Street, N. E. 2nd Street,
N. E. 1st Street, S. E. 1st Street, S. E. 4th Street, S. E. 10th
Street; nor~h~U~d SR 5 (U~ i) at S. E. 10th Street, S. E. 4th
Street, S. E. ~d' Street, N. E. 1st Street, N. E. 2nd Street,
N. E. 4th Street; Atlantic Avenue and Venitian Drive.
"Studies have been scheduled at these intersections and wiXi be
made as soon as practical.~ At the completion of these studies,
our findings and data will~e forwarded to our Tallahassee office
for final analysis and recommendations. They will be submitted
to the State Road Board for action, after which you will be
advised." -3- 5-i~-62
"MEHORA~Du~¢i' TO{ City Han~6er
SUBJECT: Yo~r me~':~o of ~lay .3,. 1962' - T~affic Li~ght .
"Please note attached letter fromm. J. Wilson,'Traffic
and Plying Department of the~FlOrida ~tate Road Department.~
"~e s~udies he refers to-have been started, i~ the field,.
however, processlDg t~ough the Tall~a~see ofrice and
th~ou~ theStete Road Board requi~es-~proximately two
months from o~ past e~e~lence.
"Additional study at E 2nd Street-and Swinton Avenue is
being undertaken."
The public ~a~ i~o~ed~ that the Co~cil has directed the City
Administration to stUdy~he feesibility~of a stop li~t at N. E.
2nd Avenue and 4th Btreet.
7.a. City Clerk Worthing read the following letter'from the League
of Women Voters, dated April 23rd, and signed by E~a Cross, Public
Relations Chai~an.
"~is letter is a request by the League of Women Voters for
use of theCity Hall on Tuesday evening, J~e 5th.
"~e Leag6e wishes to hol~ a For~ on To~ Pla~ing, the
theme of which I might call 'De~ay~s Protection Plan for
the Orderly Development of the Ci~ty'.~
"~. ~Baul ~owtes, Chal~an~of ~e Pla~ing Board, has
consented ~o speak on pla~lng and ~swer questions from
the audience. We~would hope that the Mayor. would assist
us in opening the meeting and ~at~ both he and other
Councilmen would participate in the discussion.
"I;m s~e you will a~.ee that citizen ~owladge an~p~-
ticipation in plying will ease the task D~
fathers, in their.efforts to keep a high-class city.
And often the lowliest citizen comes~up with the best
suggestions for pro,ess and harmon.
'~he League will, of course, conduct the meeting in its
usua2 non~partis~, non-political ma~er.
"I will be out oF to~ at the Lea~e na~ien~ ~nvention
from April .30 to Hay 6. You may contac~ me Before that
date o~notl~y ourpresident, I~s. Phyllis Carey. ~ank
youfor yo~ cooperation."
~ Ave~ moved that this request from the Lea~e of Women Voters
be granted and that a p~lic~ be established that~ in the fut~e any
organlzationwi~hing to use the City Co~c~!Chambers for public in-
formation of gover~ental matters ~d civic betterment be allowed
to use it for that p~pose. The motion was'seconded by ~. Woodard
~d c~ried ~animously.
7.b. Mey0r Die~z a~o~oed tha~ ~. 0: ~. Yo~ngblood resigned fro~
the ~er-Raciai~c0~i~tee on APril 29~h.
7.~ City Clerk Wort~ng read the following letter from the Delray
J~lor E~ Sohool, dated April ~th and signed by Swi~ing Coach
Jack Decker~.
"On beha~ of~the.~De!ray~Jr. Hi~ School Boys ~d ~i~ls
Swi~ng~Te~s~I want~ to e~ress our sincere apPreCiation
to you~and the City'of De!raY Beach for the us~
Delray Beach M~icipa~Pcol. The ecstasy of both ~.
Barnicle and ~. Baker and their co, late ~se~is~ess
im om~ ~rogramwas certainly eno of excellence.
"This ~ear~was a very pleasant and rewarding swi~ng te~
e~erie~e. The atmosphere of f~ien~ly cooperation and
personal interest~of city e~l~2ees~was unqmestienab!y far
superior to any previous city-school swim cooperative effort.
107
MAY 14~, 1962.
"Once again I personally wish to thar~c especially M~.
Barnicle and Mm. Baker for What they have dbne this
swimming season."
8.a. City Clerk Worthing read RESOLU~ION NO. 1398.
A RESOLUTION OF ~ CI~ C0~CIL 0F T~ CI~
OF. DEL~Y B~OH, ~A,. 0~I~6 T~ O~ING,
DING' AND PAV~N~ 0F-T~T.PART OF S0~ST
X~ .ST~T ~ING BETE~. .S0~ST FIPE AND
SIXE A~.
(0opy of ResolutiOn ~No. 1398 ls attached to and m~de a
of %he-O~fi~sl copy of ~hese ~nutes.)
See 'll~'a I1~
Resoluti°n No. 1378 was ~a~ously ~Sse4 ~d adopted on
motion by ~. Wooda~d ~d seoo~e4 by i'~. Talbot.
8.b. ~e 0ity Olsmk ~ead ~OL~ION N0. 1399.
A ~0L~ION OF ~ CITY O0~0iL 0P. TE 0I~
OF D~Y B~0H, F~R~A, AI~ING ~OL~ION
N0. 1390 0F SAID CI~. ~TING TO ~SION
0P WATER SERVIOE O~SIDE ~ ~I~
(0opy of Resolution No. 1399 ls a~taohed to ~d
a pa~t of the official copy of these ~nu~es.)
S~ EOB
Resolution No. 1399 was un~mously passed ,nd adop~e~ on
motion by ~..T~lbot ~nd se~o~ed by ~.. Wa~en.
8.c. The City 01e~k ~ead 0~INANOE N0. G-~0.
AN O~INANCE 0F T~ CI~ O~ DE~Y ~H,
FLORIDA, ~A~DING 0~I-NAN~E N0. G-~ll 0F
SAID ~I~ ~IOH PR0~D~ FOR A 0I~ P~-
OHASING SYSTEM, INOL~ING 00i~TITI~ BIDS
A~ 00~T PR~; A~ PR0~D~ AN
~EOTIE DAE; ~ A~DING ~ TIT~ A~
0~A INING PROVISION
(Copy of O~dina~e No. G-~O is attached to and
a pa~t of ~he official copy of ~hese
See llZ G
The~e being no objections to O~din~oe No. G-~0, amid O~din~nce
was un~o. usly passed and a4opted on second ~d final ~ea4~g on
motion by )~. T~lbot ~d seco~ed bi ~. Wooda~d.
8.d. Conoe~ning 0~dinan~e No. G-~i which D~ovldes fo~ the ~ezonlng
of Lots Zl an~ 22, Bl~k D, Palm Beach Sho~e ~o~es to R-3, ~.
co~.nented and moved as follows: "In sccofd~oe .with o~ action on
this specific piece of p~ope~ty ~own, I think best, ss the Roig
p~ope~ty, al~h~u~ you well ~ow that I ~ in favo~ of a Beach 01ub
going In at this loose,on we have no~ as ye~ been able ~o contact
Co,an, ~ep~esenting the developers of t~s p~op'e~ty, to stop by the
Ci~ A~to~ney's office ~o sign ~ agreement to develop ~he p~ope~ty
upon such ~ezon~. ~t ~hts ~i~ I would like to move ~hat
on 'this be tabled ~til Mm. 0o~ sees o~ City A~to~ney In ~egamd
~o this
~e motion was seconded by ~. Talbot.
It was note~ that A.ttomney Nowlin was p~esent, and who ~ep~esents
people who ~e lnte~sted In this matte~. Mayo~ Dletz asked ~e
M~ager that Attorney Nowlin be officially notified when this
is to be reconSide~e~ In o~de~ that he m~y be p~esent.
Son call of ~o11,. the mo~lon o~led ~imously.
6.e. 0ity 01e~k Wo~thinE ~ead O~INANOE N0. G-~.
~N 0DtN~EE 0F ~ 0IE 00~0IL 0P
OF DE~Y ~OH, P~RI~, A~ING S~E~TION
(d), S~TION 3-7, C~PT~ 3, 00DE ~ 0DINAE~
OF S~D 0I~, AD EP~MNG 0~INAN~E G'~39 0P
-5-
'10
MAY l~, 1962.
Mm. War~sn moved that Ordinance N0. 0-~2 be placed on first
reading. The mdtlon.'was aecOr~ded l~y' Mm..Ta~bo~ and ~on Ca~t of ~o11,
MayorDietz~ ~. Talbot, ~. Warren ~d ~. Wooda~d vo~ed in. favor
the ~tion ~d ~. ~ve~y abstained f~om voti~.
8.f. ~e City Clerk read ORDINANCE NO. G-~3.
A~ 0~NANCE OF '~E OI~ CO~CTL 0F ~
OF DE~Y B~CH, F.~R~A, A~ING T0 ~ CI~
0F DE~Y B~CH CERTAIN ~N~ .LOCA~ IN
21, TO~S~P 46 SOU~, ~E ~3" ~ST, ~ICH ~
ARE CONTIGU0~ T0 ~ISTING ~ICIPAL LII, ffTS 0F
SAID CI~; B~INING '~ BO~ARt~ ~'SA~ CI~
TO INC.L~E tSAID~ ~S$ ~OVtD~NG FOR ~ '.RIGHTS
~ OBLIGATIONS OF SA~ ~S, A~ PRO~DING FOR
T~ ZONING
(Copy of 0rdi~e No. G-~3 is attached to ~d made a
pa~t of the official copy of. these ~nutes.)
See 11F ~ 'a~ ~.2
~ere being no objections to. 0Pdinance No. GA~3, said Ordinance
was un~imously ~assed and adopted on.~is second ~ final ~eading
on motion by ~. 'TalbOt ~d seco~ed by ~, Avery~
9.a. ~ 1. City Clerk Wort~ read ~e following Plying Board
Report dated April 28th. '
"I brou~t up the matt'er of the request of ~. Warren A.
Willies for ~e ~ezoni~ of Lots 38 and, 39, Haller ~d
Grootman Subdivision to the Board at cup ~l~meeting
ye s terday.
ur th the Bo r n requests ~lear~ ~As~ied as spot
zo~ng, n~ely to de~ them~~.~ ~is .-re~qu~~ly falls in
~is catego~. ~e Board would automatic,~y ~%Peat it as such.
"You will recall that a yea~ or so ago we We~t ,at this strip
as a whole which raised a profo~d reactio~ f.~om 't~e' area to
the East. ~e~e appea~s to be no recent ~h~s in the ares
to Justify trying to reappraise t~s R-2 strip.
"I would hope that the councilwi11 see Fit to .deny the ~e-
quest when presented. The Board suggested that if so advised
that his ps, rent be ref.~ded. If -he still wishes to have a
hearing on the matter It Is ~ ~derstanding that i~ is right
to do so, regardless of result. I would wery ~Ch doubt that
he wish to p~sue it f~ther."
~. Woodard moved $~t Said report be accepted, ~at' the Pezoning
be d~ied and~that ~e aPplica~ion' fee of ~:2~.00 be ~ef~ded. '~e
motion was -seconded by ~. Ave~ ~d .c~ried ~animousiy.
9.a. ~ 3..City Cleuk Wort~ng r~ad the folIowing Plying Board
Report' conceding the puoposed Sewer ProJ oct: ·
"The.Pla~2~g and Zoning Bo~d met with ~..Russell and
Oste'en,' of Russell ~d A~xon, on Ap~21 10~ 1962 'at which time
we reviewed the whole history of the.Delray Sewer mattem~.
"~t ou~ regular meeting yesterday the Bo~d instructed me
gdv2se.~u~that this meeting fUlly C&~i~med ~' ~epOUt ~to you
dated MA~p~h,' 2~, ~962- on the.' subject of o~. meeting,, with ~.
Sidney Berkowitz of the State Bo~d of Health.
9.a. ~ ~. The following Pla~ing Board'Repo~ dated April, 28th was
read.
"Yesterday at the regular me,ting of. the Pla~ing ~d Zoning
Board we s~Udi~ed'the motion ~f '~; W, od~d appearing 2-n the
~nutea of .yoU'.APril ~Sm~~ meeting, appea~in8 6~' t~e BOttOm of
page se~n ~d ~he t~ d~' paEe 8~
"Item 1 of this motion is covered in Sec. 29'7.9 of the ordi-
nances, stating that ~The City C'ox, Euission-~ay from time to
time, on its own motion or on petition, amend, supplement~
change, modify, or repeal by ordinance the-boundaries or
districts or regulations or restrictions hereinestablishe~
after public hea~lr~g~,.
"There is aisc reference~to- this i~paragraph 18-a 'and b,
Section ?, of the charter.
"Item 2. The Board does'~ot~believe in a.my. owerlap of the
service and~processing zonms, We recommend, that the two zones
remain unchanged in their intent. Businesse~ which oanbe
classified as mubstantia~ly of a service ~atu~e should be'per-
mitted in the 0-2 zone and.those only.~ The ~-~ zone shodl~
contain'all ef those industries classified as ~ocessing in,
dustries. B~th C-2 and C-S can accomodate all uses in pre~ous
zones, except that residences a~e not permitted in the Q,S~one.
"Item S. Th~ Board voted to recommend that Sec, 12 Paragraph
12-b be Changed to remove any limitation nUmemical1~ ~f em,
ployees. It~'fUrther ~eoommends~.th~onem~o2f street'pa~Ei~E
space be provided for eaoh.em~loyee,in the trade shop~claSsi~
fication.
"We believe that the~e is adequate, industrial space available
within the city limits ~t this time. The problem appears to
be resulting from an exho~bitant land value rather than'
scarcity. Over this we ~have no means of control~
"It is very possible that further areas should be designated
with possibly a different zoneJ classification to a~oomodate
some of the more ~ecently ~developed types of industry, such
as the el~ctronic. If sue~ ~eed exists this would ~ave to
come from owners of 'sueh:tan~s requesting rezoning for this
purpose an~ at pric~s eo~m~ensur.ate with the d~sires of such
industries wishing to set~e here.
"If the City is really interested in developing industry here
a solution would be' 2or the city to purchase an extensive
property, establish a proper zone to contain those industries
of its choice, and resell the area at a realistic price to
encourage such industries to co~e here.
"Rezoning and ~JugEling existing areas will in no wis~ cu~e the
basic and fundamental problem of price, and can only result in
clogging and confusing the existing zones."
Mr. Woodard thanked the 'Planning/Zoning Board for their report and
move~ that the City Attorney be. instructed to prepare the necessary
ordinances to comply with the report thereby eliminating this arbi-
trary restriction as to the numbe~ of employees a firm can .hl~e,
including the parking. The motion was seconded by Mm. Avery and
carried unanimously.
X. }~. Warren moved that the Inter-R~cial Committee, which was
appointed the first part of the year on a temporary b&~a, be ap-
pointed to the full term of the yeam. The motion was seconded by Mm.'
Avery and upon call of roll, Mm. Avery, Mm.. Warren and Mm. Woodard
voted in favor of the motion, Mayor Dietz was opposed and ~. Talbot
abstained from voting.
X. Mm. Warren then referred to a letter from the Inter-Racial
Committee concerning a proposed meeting on May 29th~
Mayor Dietz commented as follows and ~hen read the letter that
Mr. Warren referred to.. "I feel very strongly that these gentlemen
will have to bear their individual responsibilities. The Committee
that they Just voted for is Chairmaned by'a member'of the N.A.A.¢.P.
I found ~n the .records of-the Gity the fact that he so stated,' I
Just am SO bewildemed that I can,t unSerstand the saneness of appoint-
ing a committee to represent the situs%ion in/Delraylwhich is captain-
ed by the N.A.A.C.P. The letter that Mr. Warren rsferred to I will.
read, because in it you can see probably what I am fighting2against'"~-14-~
110
MAY 14, 1962.
"May 10, 1962
"To the Mayor~and Members of the City Council
' Gentlemen:
"The Delray Beach Inte~-Racial Committee held its regular meet-
ing Tuesday night, May 8, and among other business elected Hr.
C. Spencer Pompey as its chairman for the year. ~r. John Van-
Sweden was elected vice chairman and Mms. Miriam B. Cohen
secretary-treasurer.
"During its discussion of recent events in De,ray, the committee
came to the conclusion that it is improtant for members of the
committee and of the'City Council to meet 'together. We would
like to invite the counCil to a special meeting of the committee
on Tuesday, Hay 29, at ?:30 or 8, whichever is convenient, in
the conference room.of city'.hall. This would be a private,ex-
ecutive, session of both groups at which we..would not want members
of the press present nor any other ci.t~ representatives than the
councilmen themselves. To be very honest, the committee would
like the opportu~=ity to speak very frankly with the council and
to let 'ouF hair down, so to speak. We feel that a critical situ-
ation has arisen in the community and we are anxious to amelio-
rate it as quickly as possible.
"The committee would like to report to the council what it has
learned concerning the present inter-racial situation and to make
recommendations which we feel may improve the situation. Many
citizens have expressed their views to,different members of the
inter-racial committee and the committee would like to relay what
information it has to the council.
"As we have pointed out tO the council in the past, this commit-
tee is an advisory group i.nterested in only one-thing -- the pre-
servation of good relations between the races in Delray Beach.
We have had fine relations for many-years ~and feel the community
can adjust to changing-conditiOns without trouble or violence of
any kind. Our only desire is to contribute what we can to this
end. Sincerely yours,
/s/ Miriam B,~ ,Cohen (Hrs.)
Secretary-Treasurer
DELRAY BE~CH INTER-RACIaL COMMITTEE"
Mayor Dietz commented: "~I hope that-I have made my position
very clear. Everything has been running very smoothly up to this
point,, If. the~e .are any incidents now, you boys will have to bear
the resl~ai'bt~il,ty, of it." -. , -
Mr."~'verY~' "To the letter, t would like to:comment that it,s
a terrible shame that our Mayor doesn't know or recognize the tre-
mendous amount of work that these Oedtc.a.ted citizens have given this
community for the past several years. You can' pick little incidents
out o~ .the air. but only some of we people who have had a chance to
sit-in on some..of these things 'and d~:scuss them can really realize
the importance o~ what .this vex-y wonderful committee has done con-
structively through the years. I want to go on record as giving
this committee my heart-felt appreciation, and apologize to them for
any insults that. have been aimed their way."
~M. Woo~.yrd: "}h-,. Avery, I would like to add to that, that I
think we should accent the. positive in, this case because the residents
of this Community, both black and whi~e, deserve a great deal of cred-
it f~p the manne-~ lm,.which they have conducted themselves during the
paS¥ few weeks when there were many instances when a few trouble-
makers from C~aide of our area could have created a situation. I
feel also that our action here tonight only"indicates our desire to
solve our problems..by discussion and n~gotiation. We feel a com-
mittee of this tYPe, a committee not~necessarily of individuals but
the theory of the~,cemmittee, is.-necessarT~ ~d.should be continued
and we can consider at any time adding:ltC~,;~'delet'lng from the mem-
bership of this co~mmittee."
Mm. Warren: !'Fm. Mayor, if I may,.,my brief., response. I do not
want to be connected in any sense or form with this statement you
have Just ma~e as regards the newspapers, as having come,from a mem-
ber' of the Council.. I di~n,t want to participate in the word Council.
,THyt is ~your,~lnion, if ~u/ptease. -I;~know the function of the
Inter-Racial)O'Ommittee. Ithink. it is outstanding that this
11i
MAY 14, 1962.
~ommittee still is agreeable to function after the insinuations that
have been thrown at them when they have definitely participated behind
the scenes in the present situation, and have heldthe Integration of
the beach .toka minimum that it can be held under the
tions. I hav~ $'motion that we accept the invitation, and meet~ with
the Inter-Racial 9ommittee on Tuesday, May 29th."
The motiQ~ was seconded by Mr. Avery.
FollowinE C~ments as to the hour themeeting would be helM,
Mayor Dietz c~$ted: "The motion is illegal. You will ha~o in-
clude the Cit~ '~a~ager the City Attorney and the City Clerk ~f ~ou are
moving it as a ~.°uncil. Unde~ our Charter there can be 'no CounCil
meeting withe~$~hose gentlemen present. The letter specif$eal!y
states they a~ ~Xcluded.and I~thinkyour motion is out. of erde~. The
counsel may ad~i~e~you in how you Couldmake a motion that~W~UX~ be in
order.*" ~i' , ' . '-'
Attorney A~ams: "I don~t think the intent of the,motion ~as to
have a ~Pecl~l~notl meett~. They .could agree to meet with'them
as ir~£vi~uals.~ think.that was the,intent probably."
l~memeti~D and ae~ondwere~withdrawn by Mr. Wa~en .and N~. Avery.
M~.W~r~$~{.!,Mr.~ayor &fellow Councilmen, I-'think l~ '~ehooves
all members'o~ ]the Council, individually, ~to acoept the request'of the
Inter'W~acial Oo~tt~e and meet with them on Tuesday., May ~9~h at
7:3.0 P.M."
Mayor Dietz: '~ou don't need a motion because eaoh one uses his
own ~udgment."
~. Ave~: ,!Mr. Ma~r, I would like for the e. uunsel to.frame a
motion that will let us acco~w~lish this conferenc6. I would like to
ask the counsel to frame us a motion."
City Attorney: "I believe the last motion would de that."
Mr. Warren: ,Mr.. Mgyor and fellow members of the Council, I
move that individuals, the Councilmen as individuals, meet with the
Inter-Racial Committee on Tuesday, May 29th at 7:30 P.M."
*The motion was seconded ~y M~, AverY, _ '
MaYor Dietz: "It is really too bad~ bu,.here is an invitation
to individual men an5 if they Can'~ exercise' their own prerogatives
as individuals I!m amazed that.you nee~ a Notion to tell yoUrself what
to do." '
~. Warren: "In the past, Mr. Mayor, we have been accustomed to
cooperating with the Inter-Racial Committee over the past five yea~s,
in which time they have done ~onderful things. We like to do things
as a body."
- Mayor Dietz: "Is the cooperation the kind that you gave them last
year? Let me read you the record---an example of what happens with
this kind of cooperation. ~ust such an act in Delray, October. 13, 1961
was presented to the Council. The mayor entered it into the records
and I ~ead: 'Mayor Warren read a letter from the Inter-Racial Com-
mittee which is .attached to and made a part of the official copy of
these rainuteSo Mr. Om~pbell moved that receipt of the letter be
knowledged and acceptance of the invitation to the meeting of October
3Ist.' They then met. As individuals? No. The City Manager was
present, the City Cle~ was Present and I think a stenographer was
present.. But let me read you from~the minutes of that wee.ting,please.
Not the whole meeting---now this is the meeting between the Council and
the Inter-Racial Committee---the kind of meeting that I am~ighting
against, and I read: 'Coach Pompey wanted to wake this point: The
N.A.A.C.P., whlch has the support of the Negroes everywhere and of
which he had been a member Since he was in college, can never take any
action where there is no legal basis for it. He said even though he
favors the N.A.A.C.P., he has .always resented the fact that somebody
from New York can te.ll him "he wants to go swimming". He would not
want the commission to get the Impression that if the ordinances are
repealed then perhaps She Negroes would' not use the beach. It would
stop wade~ins and the resulting bad publicity. He would want the~
Council to let the colored folks use the beach as. any other citizen,
without a cordon of spectators who are not going tO swim at all but
who might be the instigators of any incipient crowd. He did feel' that
they should .have the responsibility of contacting not onlyFather
Cooper but any other group that would make easier the situation .that
is here.. He said they did have meetings of the local chapter.' That,s what I am t~ying to avoid."
Mr. Avery: "Mr. Mayor, I would like to point out that your use
of the Chair has Just been misused. There was a motion,on the floo~
and a second, and a question to the motion was calle~, and I say that
MAY 14, 1962.
you were con, lately out of order, and it is a shame that a person
would so misuse their office as 'you have Just used it. 'Now, question
to-the motion."
Upon call of roll, Mm.. Avery, ~. Warren and Mm. Woodard voted in
favor, of the motion, :~{ayor. Dietz was opposed and*~Mr. Talbot abstained
£rom voting and made the following comments: ' "I'abstain Because I
think it is beneath the dignity ef this Counlcil to act in the fashion
they have this evening. I might add that a week ago I attempted to
bring togethe~ both~the minority and the majority, therefore I ab-
stained, and a~ quite chag~ine~ at the action of this 0ouncil tonight."
Mr. Wooda~d: "Mr~ Mayor, .~ ~would like'to inquire at_this time if
your 'ob~ection to this .meeting is the 'fact that the· City Manager, the
City Clerk and the City Attorney will.not be present at the meeting.
Df so, I think ~tt~ertainly would be a~pr~iate to have these indi-
viduals present. Would that change your thinking on the matter?"
Mayor-Dietz: "I have said my piece, Mr. Woodard."
X. City Manager. Smitzes informed the Council that a pri, o~, CoUncil
authorized negotiation of a contract with '.the Ooca-Oola ~m~any to
install a basket-ball score-board and 'one of the .C~ondit~r~ was that
the score-board be covered at time's when it ~was not in u~. T~e .City
Manager asked for reconsideration of that one condition inaSmu~'h as
to comply with such condition would put a hardship on the city and the
Coca-Cola Company, plus the fact that negotiations of the conSract may
not be possible with such a condition. ~r~. Woodard moved that the
City Administration be instructed to complete the necessary arrange-
ments with the Company. The motion was seconded by Mr. Warren and
carried unanimously.
10. The City Manager asked for approval'of.the transfer 'from the
Contingency ~und to .the Council'account ~to ,provide ~f~ds for the
brochure printed the past month, in the amount..~f~'$$~..86. · Mr.
Woodard moved ~hat these funds be transferred a~$~e~. The
The City. Manager then asked f:or a~pro~at of a transfer from the
Recreation Department to the Civil Service Board in the amount Of
$230.00 to accommodate certain advertisements requi~ed by the Recre-
ation Department, it being so moved 1by Mr, Woodard. ~"ne~ motion was
seconded by Mr. Avery and carried unanimously.
lO.a. City Manager Smitzes presented bills for apprOva~l as follows:
General Fund $77, .1~0.12
Water Fund - 0per,ting- Fund.~!~ 2,807.99
It was moved 'by Mr. Avery and second,ed by M~. WP~P~en that these
bills be paid. Upon call of roll, Mr..A~ery., Maye~ Dietz, Mr. Warren
and Mr. Woodard voted in favor of the marion and.' M.m~ Talbot abstained
from voting.
The meeting adJour~ed~at 9~05 P.M. on motion by Mr. Avery,
R.D
APPROVED:
-10- ~-14-62
PHOPERTIES IN VIOLATION 0F ORDINANCE G-147 AND
SECTION 15-~ & 40P TNE CITY CODE
O%~ER ADDRESS LOT, BLOCK &S/D CODE
William J. Cobb 1215 Sandoway Lane Lots.1 thru 7, Blk...7, 4
Delray Beach,~ Pla. RX~.Del Roy
J. Io Deese Box~/~5 Lots 8 & 9, Blk. 7, 4
Delray Beach, Pla. Rio Del Roy
S. Kamikami Box 157 Lots 14 thru 17, Bl~ 7, 4
Boca Raton, Fla.- Rio Del Roy
M. R. Bryant & 545 N.E. i7th Ave. Lots 18 thru 23, Blk 7, 4
G. B.-Henry Ft. Lauderdale, Fla. Rio Del Roy
Zeone Howard 2418 ~oE. llth St. Vacant overgro~mpt of 4
Ft. Lauderdale, Fla. Lo~s 24 thru 26, Bl~ 7,
Rio Del Roy
City of Delray City Hall St..R~Wst S.E. 9th St. 4
Beach Delray Beach, Fla. Bet ~ & 6th Ave.,
Fairfax of Holly- .1909 Tyler St. SP~, of Lot 8 & all 4
wood Dev. Inc. Hollywood, Fla. of Lot 9, Less W10~,
c/o J.J. Simons Blk. 109
The Love Company P.O. Box 977 Lots 12,13 & 14 less 4
Delray Beach, Fla. W10~, Blk 109
Rufus Norman Est. 9h9 S.W. Avenue "U" Lot 14, Blk "B", 4
c/o Ulysses Kerr Place, Carver Memorl~ Park
Belle Glade, Fla.
Elfedy & Roslyn 340 S.W. 5th Ave. Lot 1%, Blk. "B", ~
Ivy Delray Beach, Fla..~ Car~er Memorial Park
Hattie Collins 1740 N.W. %8~h St., Lot 16, Blk. "B", ~
Miami 42, Florida Carver MemOrial Park
Julia E. Kemp 413 $,W. 2~d St., Lots 17 & 18~ Blk. "B", 4
Delray Bea~h~ Fla. CarVer MemOrial Park
Fla. Home Erector~ 1017 N.W. 6th St., Lots 21 & 22, Blk. "B", 4
Inc. ~t. Lauderdale, Fla. Carver Memorial Park
City of Delra~ City Hail,. . St. R/W, N.W. 15th Ave.,~
Beach Detray Beae$,.FIa. bet. N.w. 2nd & 3rd St.
Mattie E. MacLaren Box 60%, Lots 1 thru 6 & 8, 4
Delray Beach, Fla~ Blk. 6,
R~o Del Roy
Myra E. Shiver 2308 N.E. 20th Ave., Lot 7, Blk. 6, 4
Ft. Lauderdale, Fla. Rio Del Roy
W. S. Ransdell P,0. Box 691, Lot 7, Blk. 89 4
Delray Beach, Fla.
Seacrest Shops, P.O. Box ~48~ Lot 8, Blk. 89 4
Inc. Delray Beach, Fla.
Jean. G. Pyle 150~ Lake Drive, Lot 10, Blk. 89 ~
Del~ay Beach, Fla.
Seacrest Shops, P.O. Box 248%, Lots 29 thru 37, 3 &
Inc. Delray Beach, Fla. Blk. 89 (old bldg.
~ material)
James I. Sinks 177 N..E. 2nd Ave., Lots 38 thru40 3 &
Delray .Beach, Fla. & N9.6~, of ~1, ~old bld~,
Blk. 8~ %satori&Ii
JcL. & Margaret 198 N.E. 6th Ave., Lots 3 & ~, 4
Patterson a H.B.a Delray Beeeh, Fle. Blk. 81
Dox~t~Adams
OUTER ADDRESS LOT, BLOCK & $/D CODE
Dorothy A. Newlan 697 Sunset Road Lot 11, Blk. 81 4
Boynton Beach, Fla.
Steve J. & 137 Hemlock Avenue Lot 2, Blk. 72
Leone Kowalik Buttonwood, R.1.
To M. & 20 S.E. 2nd Ave. Lot 23 less NIO~ &
Effie O,Neal Delray Beach, Fla. 24, Blk. 72
Elizabeth Brown 1435 I~.W. 6th Ave. Lot 23, 4
c/o Fanny Newbold Miami, Florida Palmetto Square
Eva Gtinton · 512 $.W. 3rd St. Lots 24 & 25 4
Delray Beach, Fla. Palmetto Square
Flora G. Wtble. 1104 N.W. 4th Ave. Lot ~9, 4
Delray Beach, Fla. Palmetto Square
O. D. Priest, Jr. Ill S.W. 4th Ave., Lot 30, 4
Delray Beach, Fla. 'Palmetto Square
John N. Kabler Box 1051 S.130' of E150~ of
Delray Beach, Fla. .W~ of E~ of W~ of
Lot 3, Sec. 17-[~6;43(8)
O. D. Priest, Jr. 111-S.W. 4th Street Lot 9, Blk. 2
Delray Beach, Fla. Atlantic Pines
Emily McBride 200 Utica Avenue Lots 10 & 11, Blk. 2, 4
Brooklyn 13, );.Y. Atlantic Pines
H.G. & Celestine 1435 Steele St. Lots' 12 & 13, Blk. 2, 4
Portier Jacksonville~ 9, Fla. Atlantic Pines
Curtis & 210 S.W. 3rd Ave. Lot 25, Blk.
Mary A. Hanna Delsey'Beach, Fla. Atlantic Pines
John & Icephine V. 232 S.W. 4th A.ve.~. Lots 27 & 28, Blk. 2, 4
Williams Del~'Ay Beach, Flal Atlantic Pines
Stanley D. Dorkins 16~J40 N.W. 162' St. Rd. N107' of E135',
OpaLocka, FlOrida ' Blk. 1 (1)
City of City Hall Alleys in 'Blk. 2, ·
Delray Beach DelPay Beach, Fla; Atlantic Pines
Hazel A. Stewart 41 N.~. 5th Avee -14125' of N160' of
DelraY Beach, Fla. SW~ of Lot 5,.
Sec. 8-46-43 (1)
Emily Edgecomb 455' S.W. 5th Ave. ES0' of W22~' of
Delray Beach, Fla. N160' of S~ of Lot 5,
Sec. 8-46-43 (3)
V~an~ part.'~f'E50'~ of W27~' of 4
Hattie Jones Gen. Delivery ... N160' of SW~, of Lot
D~lray Beach, Fla. 5, S~c~ ~8-46£4~'(
Lennie & Ruby 957~. S.W. Ave. "D" ESO' of W37~' of
Dublin Belle Glade, Fla. N160~ of BW~ of Lot
5 ,, ,Secj' 8-46-43 ~(6)
Millard & ~acant 'p'art'. of ESO~ of W42~ of
Elizabeth Brown P.O. Box 1873 - · N160'~ of SW~ of Lot
Delray Beach, Pla. 5 , Sec: 8-4C-~%
S.' GOrdOn & 234 ~.E. ~th 5't., W7.%" of E17~' of
~iI~n'L.~Oddick Delray Beach, Fla. N160~ of SW~ of Lot
'5,' see.' 8.~'~., ':('e)
lesS: Co, Rd,
Arthur & Vacamt part: of W75' of EiO? of 4
Laura Mar~in Gen. pelive~2 .N1.60~ of SW~ of Lot
Delray Beach, 'Fig, '5~ Sec. ~_8~_-~$3 ~10)
OWNER ADDRESS LOT, BLOCX & S/D CODE
Fin O. & Annie 8b~57 Col£ax E~.O,, of W500 tof~ S1357
F--e Daniels 'Detroit 4, Mich'. SW~ of Lot 5 (13)"
S~c. 8-46-43
J. G. & Hattie P~.O. Box ZO57 ES0' 9f W400. of S160'
Mae Graham Delr'aY Beach, Fla. of SW~of Lot 5 (15),
Sec. 8-46-43~
Inea Ross 2120 Spruce Avenue ' El00' of W350' of 8135'
West Palm Beach, Fla. of SW~ of Lot 5
A. Simon Eassa P.0. Box 35 E50i of W150' qf .S1~5'
D, elray Beach, Fla. of SW¼ of Lot 5 (19),
Sec. 8-~6-43
George & ~en.~ Delivery WS0~ of S135' of S~
Pauline Fai~an~-~/o Dora Thompson of Lot 5
Delray Bea~, Fla. Sec. 8-~-43
cit~ ~ city Hall ~ of ~ of ~t 5 4
Delr~ Beach D.elray~Beach, Fla. lying S of L~e Ida
Edward E. & P.0. Box 393 ~t 6, Blk 1, 4
Jane M. For4 Delta2 Bea~, F1a, Seagate ~tension
La~ence J. 941 S. Oce~ Blvd; ~t 7~ Blk. 1,
Pi~ DelPay Bea~, ~a. 8eag.a~e
~ite Niles, Mich. Seagate Ext,
Lucy McLeod P.0. Box 1915.~ . Lots 2 & 3, .Blk. 11, 4
Helm Delray Beach, Fla. Seagate
J. B. LeOlere Maple Lane ~t 8, Blk. 11,
Oak Hill Farms Seagate "A"
Allison Park, Pa.
O. Clifford a 5877 Eve~green~Road ~ 9, Blk. 11,
H~en M. De,born. 6, Mich. Seagate "A"
Gr~sbmw
Brainard Land P.0. Box 622, ~t 1, Blk. 13,
Dev. O~pany Far Hills Branch, Seagate "A"
Dayton 19, Ohio
Dewey Shirley 57 Sou~ Main St. 'Lot 2, Blk. 13,
Mi~.is~rg, Ohio Seagate "A"
Lucy McLeod P..O. Box 1916 Lo~ ~, Blk. 13
He~ Delray Bea~ Pla. Seagate "A'"
Jo~ W. & 902 Whi%e D~ive ~ts 1~2,7,~,15,16,
Phyllis 8pi~'~ Delray 'Beach, Fla. 17,18, 20,21, 22, 23
33, 34, 35, 36,37, 39, ~0
a ~, Del H~bo~
R. E. a V~ginia ~935~S. Jackson Rd. Lots 3 a 29, 4
I. Schrader Jackson, Michigan Del Harbo~
H. Re Webster 111 W. ~nroe Street ~t 4, Del Harbo~ 4
Est. c/o H~is Chicago 90, Ill.
T~st & Savl~s
Ba~
Jean. Edwards ~00 Beechwogd.Drive ~ ~t 5, Del Harbo~ 4
B~d .Atlanta 5, Ga.
Katherine 127 Avery Drive ~t 6, Del ~rbo~
Edwards Atlanta 9,
OWNER ADDRESS LOT, BLOCK & S/D CODE
Geo. C~ Busche~ 147 Hendrie Ave. Lot 8, *Del Fm~bou~ 4
Riverside, Conn.
Arvida Realty ~o. P.O. Box 100 Lot 24& N75' of 4
Boca Raton, Fla. Lot 23, Del Harbcur
Rachel C. Puckett 1130 Vista Del Mar Lot 25, Del Harboum 4
~elray Beach, Fla.
Ed E. & . 900 Douglas Ave. Lots 26 & 2?,
Vera H. Ekvall Elgin, Illinois Del Harbour
Otto R. & 401 N. Riverside Dy. Lots 30,h1~42 & 43
Sue Misch Pompano Beach, Fla. Del HarboU~
Joseph A. 2801 N.E. 16th St. Lot 38,-
Haberkorn Ft. Lauderdale, .FIa. Del 'Harb6t~
Harry & Evelyn H. Rt. #2, Lots k4& 45,
Bltner ' The ~reat Road Blk.5
Rrinceton, N.J..~ Seagate Extension
M~ry L. Plym ' KaWneer Company W75.' of Lot 40,
c/o LawrenCe P1Nm Niles, Mich. Blk. 5,
Seagate Extension
Charles A. Risdon, Jr,Grosse233 RidgepointRoadFarms, WSO'E25! of°f LotL°t4039,&
Michigan BI0ck .5,
Seagate Extension
Harold & Alice Mueller c/O Mueller Climo- E75~ o~ Lot 38, trol Corp. Block 5~
2005 West Oklahoma Seagate Extension
Ave. P.O~ Box 401,
Milwaukee, Wis.
Lester & Ella Branch Box 1911 S100' of N207' of Delray Beach', ~la.~ E135', Blk. 1 (2)
Submitted to the City Council by the
~City Manager this 14~tb day of May, 196Z.
~SO~ION NO.
No. 1397' 'o~derin$ the 0t~' '~e~., :~~;O; plans' ~d
ficalona, toge~e~ ..~: es{i~t'e '0~ o~'t' o~~ opeS,
~d pavi~ of t~t pa~ ~: ,89u~eaat, SlSth St~e,~ lyi~ be~een
feet. ad requi~i~g s~{~' pla, apec~atio~ "a es~ima%e
cost of such l~rove~t to .be placed on file In t~ office of
the 01ty Nanager, ~
~S. the City Co.oil d~e~ it to be necess~ for
the safety ~d' oonve~e~;of ~e public to open, ~ade ~d pave
said s~reet';~
NOW, ~0~. BE IT R~OL~D by the City Co.oil of
the Ci~ ~ De.a2-Beach, Florida. that It la de--ned to
the follo~ng described i~rovement, to-witl
To open. grade and pave that'p~t of Sou~east
Sixth Street lying 'be~een S~!heast F~th and
Sixth ~venues to a ~d~h'~f'tW~t~ fbu~ (~[ "'
feet, the total cost. as satiated, for'~ch
i~rovement being ~ $~. 000.00.
BE IT F~T~R ~0L~ ~at ~e enti~e cost of such
p~ovement shall be sh~ed ,~ the City of De~a2 ~Beach, Flo~lda~
and ~e follo~ng described properties in De~ay Beach, Pa~ Beach
0o~ty. Florida, on a basis of ~e City of De~ay Beach
forty (40) per 'cent of ~e cost' of said ~rovement-~. the abut-
tl~ p~operty o~ers, said properties $~n below, paying six~
(6~) per cent of said total cost. ~ ~pecial Aasess~nt.
s cx
Osceola P~k '1 5 leas West 5~
" " 1 6
" " 1 7
" " 1 8 i~s ~t 5'
" " 11 1 less East 5'
" " 11 18 leas West 5~
saiB benefits to be detained ~ prorated accordl~ to the f~ont
footage of ~e ~espective puopevties as set for~ ~diately
above,
BE IT F~R R~OL~D that said ~ecial assessments
aga~st all the parcels of la~ as set forth above ~ch a~e
specially he,fired, shall, be .~d re~in liens superior in
dimity to all ot~r liens, except liens fo~ t~es, ~til paid,
from the date of'the assessment ~on the respective iota and
p~els of i~d assessed, and which shall be~ interest at the
rate of eight (8) per cent per ~, and ~loh m~ be paid in
t~ee equal yea~.ly instalments with accrued interest on all
~efe~red pa2me~s.. Payment shall be made at the s~e place that
taxes payable to the City of Del~ay Beach, Florida, ~e paid,
~ely the office of ~e Oit2 ~ Collector, ~d upon' faille of
any prope~y o~er to pay t~ 'a~ual instalment due, or ~ an~.
nual interest '~on defe~ed pa~ents, the 0ity of De~ay Beach
may bring nece.aaar2. ~_egal pr.oceed!.ngs, by a Bill in. Chancery to en-
f.orce payment the~e~r wi'th' ~.~!~'ao~d ~n~e~s~,'. toge~r~wit~ a~
total amount of any t~e~ ~y.',be~ ,paid ~. full aO :~' t~ ~ith in-
IT IS 0~ that thef ~it~ C.ounc~l ~hall sit at the C~ty Eall
toSSED g~-~O0~' 'B~'the. Ct~ C~Un~il of the Clt7. of.-De.~ay
~AYOR
0RDINANOE NO.
AN ORDINANOE OF THE CITY Ol~ DELRAY BEACH,'~
FLORIDA', AMENDING~ OP, DiNANCE NO,. G,~. lI~ OF
~ND CONTACT PROOFS, A~ PRODDED AN
~TI~ ~ BY A~INO ~ TIT~ A~
O~A INING ~O~SION
NOW, THEREFORE, BE IT ORDAINED that Ordinance No,
G-411 is hereby amended by changing the Title and Ordaining
ProviSion tO. ~ead~ as ~ollow~: ·
"AN ORDINANCE OF THE CITY 0F DELRAY BEACH,
PLORID~, PROVIDING FOR A CITY PD~CHASING
SYSTEM; .:INCLUDXN~ coMPEtiTIVE BID~ AND '
AN EFFECTIVE DATE.; SAID 0RDINA~¢E BEING
S~TION 78, ~Y ~OH CI~ C~RT~.
NO~, ~0~,. BE ~T ~AI~D that, p~su~t to the
enabll~g.provia.lo~ of Se~10n 78, De'.~a2 B~acB Clt2 Ch~ter~
the City. Purchasing System. of.. t~$ Oi~y shall be aa follows~
p~ss~ ~ ~~ b~ ~he C~'~. co',ii o~ ~he, c~t~ ce
De~ay Beach, Florida, on ~s the l~th da2 of May A.D. 19~2'.
/s/ Walter Dietz MAYOR
ATTEST:
/s/ R. D. Worthlng
City Clerk
First reading ~ April 23, 1962
Second reading -~ ~_MMa7 1~, ',1.9,,62, , ,
O85
0RDINAN~E NO.
.:~> AN ORDINANCE OF THE CITY COUNCIL OF T~E
CITY OF: DELRAY. B.EACP~...FLORIDA, REZONING
PA~:.~ACH' SHORE AORES:;f~ "Ru3" 'DISTRICT,
A~:&~NG "ZONIN9 ~P':0F :D~Y B~CH,
FLORIDA:, 1960", - .
BE IT ORDAI~D BY T~ CITY CO~CIL OF
DE~AY B~CH, FLOR~A:
- SECTION ~', .' ' That'~ th.~ f~llowi~ 'desc~ib.eU
byChapter 29 of t~ C~de of Ordinances of the City of Delra2
Beach; Florida, to-wit.
~ts 21 · ~2., Bl~k D~ Pa~Beach~Shore
Acres,~ Delray B~Ch, 'Plorida, aeco~d~
tO Plat ~k 7~P:age"38 On file' in the
Office of ~be ~O~:~k of" the Oirc~.t'.
in ~d for pa~. Beach Co~tY~ ~lorida.
SECTION ~. Th~'the-'Building ~nsPector of said City
shall Unon Che:effecttve ~a'te of th'As 0rdi~an~e'' Ch~e'the
"Zoni~gM~P of De.tray B~aoh~ Florida:1960" to conf0~ with
the provisions of Section 1 hereof.
' PASS~ ~D ADOPT~ in re~lar session on t~ second
and final rea~i~ on this'~ the .
MAYOR
ATTEST:
try Clerk
First Reading ..........................................................
Second Reading
6~g
ORDI mC NO.
AN ORDINANCE OF THE CITY COUNCIL OH THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OH DELPA¥ BEACH CERTAIN LANDS, LOCATED
IN SE~ION 21, TOW~SHIP ~ SOU~H, RANGE 43
EAST, WHICH LANDS ARE CONTIGUOUS.TO EXISTING
MUNICIPAL LIMIT30~ SAID ~TY; REDEFINING ~
BOU~D~ARIES OF SAID CITY TO INCLUDE SAID LANDS;
PROVIDING .FOR THE RIG~8~ .AND OBLIGATIONS OF
SAID LANDS, AND PROVXD~NG FOR
THEREOF.
W~EREAS, John W. Spinner is the fee simple owner of
the property hereinafter described except for that portion con-
sisting of t~e right-of-way for State Road #AIA, and
WHEREA~, tb~ ~&id J~ W. $~irL~er, by his Petition,
has consented an~ ~/'~e~ pe~lealo~-for the annexation of said pro-
perty by the 0it~ ef Delray .Se¢~h.; mad
~. WH~, the.'C.it~.Cf Delray Beach has heretofore been
aut~dOrized to b~ex lands In a6cordance ~tth Section 185,1 of t.he
City Cha~t:e~.of eaid~ ~it~'~.~nt'ed to it by the' State of Florida,
N~'.~R~, BE IT ORpA~NED BY THE CITY COUNCIL OF
THE CITY OF DEL~J~X~]~ ..~H,./PLORIDA, .AS~POLLOWS: '
SEC~tO~.I. That t~W ~F' Council of the City of Delra¥
Beach, Palm Beach ~Un~y, .~lor!da~ hebeby annexes to said City the
following d~Sc~ibed, tr~ct~ ~f Ia:nd located in Palm Beach County,
.Florida~ wh~c~:.'-t~ei' cp~tl~o~us to said City, to-wit:
~ho's'e ~ct~ of la~"l in Section 21, Township ~6
~oUt~ '{RAnge 43 .East, Palm Beach,County, Florida,
~escrtbed 'as follows:
Sout~O feet of that part 'of the North 200 feet
of the South 900 feet of the North ~,680
which part is bounded on the West by the Easterl2
boundary line of the right-of-way of State Road
#AIA and on the East by the waters of the Atlanti~'
Ocean, also described as that part of tho S 180
feet of the N 13~O feet of Govt. Lot 4 lying East
of State Road AIA, also;
Commencing at a point on the West right-of-way.
line of State Road #AIA where said line inter,
sects the Southerly boundary line. of Section ~1,
TownsHip 46 South, 'Range ~3 East, thence Easterly
' a distance of 100 feet to a point on the East ...
right-of-way line of State Road #AiA; thence
Northerly along said East right-of-way line a
distance of 2,128 feet; thence Westerly a dis-
tahoe of 100 feet to a point on the WeSt right-
of-way line of State Road #AIA; the_ncc.Southerly
a dista~oe aloft_said West right-of-way ll~o &
'.distance of ~,128 feet to the Point of Beginning.
SECTION 2~ That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein the
above described tracts and parcels of Iand, and said lands are here-
by declared to be within the corporate limits of the City of Delray
Beach, Florida. '
S~CTION .~, That the tract of land hereinabove first
described is ~ereby declared to be in Zoning District "R-3", as
defined by existing ordinances of the City of Delra~ Beach, Florida.
088"
SE,CTION._I~. .In consideration of Petitioner's consent
to annexation as above set fo~th~ and. since municipal se~-vices
will not accrue to said land ~til such time as develo~ent is
~erta~n and co~leted~ said l~d shall be liable ~o~ m~idipal
ad-valorem t~es, as follows~
(a) I~ is con~plated that ~p~ov~ents ~11 be com-
~need on said l~d in the ~ediate ~t~e; how-
ever~ s~uld, some ~or.eeeen civc~sta~e cause a
delay in. the co~eno~ent of constmction~ .the afore-
said wtll'be taxed in ~e ~o~t of $2~0.00 per yea~
for a period not to exceed ~e next t~ t~able
(b) It is contemplated tha~ the t~vementa ~o be placed
on the aforesaid l~d ~11 be completed d~ing the
early months of 1963,' but sl~e ~icipal benefits
will not acc~e until such t~e as the develo~ent ~.~
is coz~leted, as~mi~ that oonst~otion is 'oo~ence~
~ the ~ar 196a, the 1~3 ad, valorem taxes on
the aforesaid la~ s~ll be. ~I,000,~0~ and the~e-
after ~e property shall' beoome'~'s~J'eo~ to no,al
SE~10N g. ~at ~e l~ds ~ef~bove ~sc~ibed
i~ediately bec'~.subJeot ~o' ~1 ~ff t~ franchiseS, .p~lvi~egea, .
i~lties, 'debts (except t~ existi~ bonded. f~ebte~ss), ob- ·
ligations, liabilitieS; ordi~es ~ laws ~ which lands In the
City ~ Delta2 Beach ~e now or.'ma2 be, except as Oth~se provided
and set 'forth in Section ~ above, ~d persons residi~ thereon shall
be deemed citizens of the. City of Del~ay~BeaCh.
SECTION $. ~at if ~y ~rd, p~ase, clause, sentence
or part ~ ~hi~'0mdi~ce shall be deola~ed ille~al~by a court
o~petent' luriSdiotion, sUch ~eoord. of illegality shall in no' way
affect the ? ' '
re~in.ng portion.
This Ordi~nce ~s placed on ftra~ readi~ by the
Co,oil at a Relier meeti~ held on April 23, 1962, ~d said
Co,oil ~11 si~ In the Co--oil ~bers at the City Hall in Reg-
~a~ s~ssion on May l~t~ 1'962, at ~lch ~i~ the above 0rdi~noe
will be gonsi~red ~d ail ps,sons in, creSted shall be given an
opportunity to be ~ard.
Passed in Re~lar session on the seeo~ and final
rea~ the l~th day of Nay,
/s/ Malter Dietz MA¥0R
ATTEST:
/s/ R. D. ~orthing
City Clerk
l'~c t~a.di~ ~Apr!l 23. 1962