06-25-62 JUNE 25, 1962.
A regular meeting, of' the:City' Council of Delray .Beach was held
in the Council Chambers at 8:00 P.M., with'Mayor Walter Dietz in the
Chair, City Manager Louis J. Smitzes, City Attorney John Ross AdamS
and Councilmen A1 C. Avery, G'eorge V. Warren end Oliver W. Woodard~
Jr., being present.
1. An opening prayer was delivered by Reverend J. William Nabors.
2. On motion by ~r. Avery and seconded by Mr. Warren, the minutes
of June llth Council meeting were unanimously approved.
3. Mr. Albert Miller, on behalf of the Trinity Evangelical Lutheyan
Church, submitted a request fo~'permission to build buildings on the
Weir property which property was recently acquired by theehurch. 1.~
· Mr. Avery .t~he~ moved that their request be accepted and referred
to ~he Planning/Zoning Board. The motion was seconded by ~r; Woodard
and carried unanimously.
4. }ir. Warren read the following minutes of the Beautific'a$ion
Cormnittee Meeting held June 21, 1962.
"Members present were: Lora Britt, Bud Merrltt, Clarence Gallna:,
Wade Cartee, Paul Enowles, George Warren, Stuart Larfl, ton, Gladys
Little, J. B. Smith end Peg Bowen.
"Minutes of the last meeting were approved as read.
1. "Mr. Merritt and Mr. Ellingsworth were asked to investigate
transplanting of pallas on Atlantic and Second Avenues from
the pots into the groUnd and to report back to the Committee.
2. "A motion was made by Mr. Lankton, seconded by Mr. Knowles
that the Council be asked to request the Planning Boal~l to
study methods of limiting the number of filling stations
in Delray Beach. ' Motion passed. (Council action)
3. 'lA motion was made by Mr. Galinat, seconded by Mr. Enowles,
that the Tenth Street boat landing area landscape be com~'leted
if funds are available. Motion passed. (Council action)
4. "A motion was made by M~S. Little, seconded by Mr.' Galinat,
to recommend that landscaping be considered on the city
prop.arty located on Fourth Street between First and Second
Avenues, north of the new post office. Motion passed.
(Council ac tion)
5."0n motion by Mr. Galinat, seconded by Mr. Xnowles, a r~com-
mendation was made that the city establish a recreationa~
park in the area,between S', E, Fourth an~ Tenth Streets on
S~inton ~venue. Motion passed. (Council action)
6."The Committee recommend that the following items be includ~d
in. the 1962-63 c~.ty budget: $3,000 rom another section of
beach planting, ~1,000 for landscaping ~he area on the west
side of Fifth'Avenue, south of N. E. Eighth Street, recre-
ational park on SoUth Swinton, ~$5,000 and ~1,000 for im-
provements at the city nursery.
"There being no further business, the meeting was adjourned."
Concerning Item.,1. Mr..Warren repot-ted that parhaps they would
go through another season with the Palms in the pots and Mr'. Kenneth
Ellingsworth stated that there would be a further report on this item.
Concerning It. em 2. Mr. Woodard moved that this reque-sY~e .submitted
to the Planning/Zoning Board and the City Attorney for their attention.
The motion wes seconded by Mr. Avery and carried' unanimous[y~
6-25-62
140 June 25, 1962
Concerning Item 3. · The City Manager reported that there was s
sizeable amount left in the Beautification Fund and it would be
appropriate to use if for this purPoSe and that Mr. Ellingsworth
and Mrs. Britt would be so notified,
Concerning Item 4, It was reported that .the City would give
this consideration at,.the ,time said area .is ~aved. ·
CO'corning Item.5. Mr. Warre~ ,reported'_that the objective of
the Beautification Committee is to beautify this area and'-in time,
when funds are available, develop it into a park.
Mr. Avery move~ that this project be referred to the Planning
Board for their consideration and recommendation to the Council.
The motion was seconded by Mm. Woodard and carried unanimously.
Concerning Item. 6. Mr, Avery moved that this item be referred
to the City Manager for consideration' in the budget, the motion being
seconded by Mr. Warren and unanimously carried.
3.a. A roll call.showed that the following organizations and repre-
sent.atives were in attendance:~
League of Women Voters Mrs. Charles Cross
Seedling,,~ar~den Club Mrs. John K. Glessner
Planning/Zoning Board Paul S., Knowles
Kiwanis Club Ben Adams
Chamber of 0ommerce Kenneth Ellingsworth
5, Mm. Warren asked that t,he press make ,the public aware of the
fact that the Delray Beach City Council is receptive to receiving
a preliminary bid for ~,the purchase of the City's 10~ foot Beach in
Ocean Ridge in order that they may advertise the property for sale
at public auction. It was m~de known that the property is now
zoned for multiple dwetlings~
8.b. Regarding the second and final reading of Ordinance No. G-448,
concerning. Annexation of Lots 1 & 2, Delray Beach Shores, Mm. Woodard
moved that ~said Ordinance be tabled for further study. The motion
was seconde~by ~r. Avery and carried unanimously.
6.a. Mayor Dietz reported that this item concerning beautification of
a portion ~f the F. E. C. Railroad R/W would remain tabled for the
time being.
6.bo The City Manager read ~he following report from City Attorney
Adams concerning Subdiv, iat~on ~Grdinance requirements relating to
recreational areas, ,dated ~une ~22, 1962.
"Re: Report on-P!~ygmounds and recreational areas.
"This letter is responsive to a request from Mr. Avery that I
meet wit~ .PaUl.,F~now,les, Chairmanof the PI'arming Bo~rd for the
purPose .of s'~e,n6~hen!,.n,,g 0u~ subb-di.v,i'sion, o~dinance relating
to the r,e~!~r~men,t tha~,,future developers. ~es..ig~'ate certain -
porti'ons~0f~ the~ land'for playground and. ~ecreational purposes.
"Mr. Knowles informed me that the PIanning Board 'had studied
this matter a yea? or .so ago and that',they had made a finding
that.'there we.re~no un,develop, ed (unPlatted) areas in the City
large enough to.make this ordinance practical. In addition
to the P,lanning;Board~s.finding, I m~.'~.ght also ,add that such ~n
ordinance would be unconstitutional ~ its 'application to areas
presently in the City as it would be a taking of property with-
out Just. compensation,
,Ou~ sub-d£;~$Sien ordinanc~e 'now centaihs a provision which
ppliea to,,~,~e-whlth are . 1annexed i~to the Clty~ However,
he .ded~ca~t;~,Of~ a D~z*tion of such lands in contingent on
the planning ~"',Oard~s recommendation to the Council. (I am
attaching a~:copy of the ,appli'c,abl.e section to this letter,)
"Mr..~.,~. les,~e-nd I discussed thAs ~problem at length and he
feels ~hat the strengthening of this provision is premature
-2- 6-25-62
Jm~e 25, 1962
at this time. It is his plan to first discuss this matter
with the four or five la~ge land owners outside-of the City
who are the logical choices for annexation. He feels that
he should discuss the matter first with these people rather
than passing a ~,~andatory or~inance of thi~ ~ype which might
be comDletely disag~eeable to the prospective developers.
"I would suggest that the City should accept ~. Knowles'
thinking and perhaps he can make a supplemental report in
two or three months."
Section 23A-8 (F) PUBLIC SITES. (~rom Code of Ordinanc'es.)
"The planning board may recormne~d, when annexation to the city
is anticipated, the dedication of lands within the subdivision
for park and recreation purposes, an amount ~equal to at least
five per cent~of the gross area of the subdivision. In event
the subdivision is too small and/or does not include a park
area, the subdivider may be required to pay to the city, a sum
of money, equal in value to five per cent of the gross area of
the subdivision, which sum shall be held in escrow and used by
the city for the purpose of acquiring parks and playgrounds and
shall be used for this purpose and no other. The aforementioned
value shall be the value of the land subdivided without improve-
ments and shall be determined Jointly. by the city council and
the subdivider. If the city council and the subdivider cannot
agree on a land value, then the land value shall be established
by arbitration. The city coUncil shall appoint a professional
land appraiser, the subdivider appoint a professional land ap-
praiser and these two shall appoint a third.
"Ail sites designated in subdivision plats for public recrea-
tion shall be dedicated in the plat and also deeded to the city
for this _ purpose."
Mr. Avery moved to accept Mr. Knowles thinking and request him to
proceed with his conferences and make supplemental reports at such
time as he considers practical for him to do so, the motion being
seconded by 2ir. Warren and unanimously carried.
6.c. The City Manager presented a survey report of alleged Nuisances
existing in violation of Chapter 15 of the City's Code of Ordinances
that had been furnished by the Fire Department.
It was moved by Mr. Woodard, seconded by lit. Avery and u~ani-
mously carried to dir. ect the City 'Clerk to co~ly with Ordinance
No. 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 146 A and ~6 B
X. ~Lr. Avery stated that the lot clearing ordinance is very cumber-
some and impractical and announced that Mayor Dietz had appointed a
committee to conduct a detailed study aimed at simplifying this lot
clearing problem, the committee being Paul S. Enowles, Sandy Simon,
City Manager Smitzes and City Attorney Adams.
?.a. City Clerk Worthing read the following letter from Mr. Charles
Justus Wick, dated June 6, 1962.
"The new QoUncil room, along with our new City Hall and Recreation
Center, is a very attractive addition to Delray Beach. During a
recent visit, I noted that the Council room was quite bare of
decor. Decor is needed both for decorating and for historical
value. However, it should be planned With good taste.
"t would like to furnish the Council .room with formal color
portraits of all the Council members, suitably framed, and hun~g
on the North wall behind the Council platform. Buch formal por-
traits would accomplish three things. (1) They would 'be an at-
tractive addition to the room. (2) They would provide historical~
value. (3) They would give our CoUncil chambers .a dignity un-
matched in our~Florida society of co~maun~ties.
"I am in the fortunate position of being the only Portrait
Photographer in South Florida with a complete color lab. This
lab is now servicing many other photographers, both in Southern
Florida aswell as otherStates in the Southeastern United States.
A new industry that has grown in De]may Beach~ without .the aiding
and abetting of the Chamber of Commerce new induStrial program.
This is unique~in itself and at the same ~time it.Will enable me
to complete such a proJect a~ I have proposed above at much less
cost than woul~ normally be expected if such work,had to be sent
to-an out of State color lab. This proJectwould normally be in
the $600.00 to $750.00 bracket, but because of the circumstances
and tHE civic aspects involved, I will do this at my cost of
$250.00~ plus framing. Iwo~ld suggest this be kept to approxi-
mately $10.00 a picture for modern designed wood francs that
would complement the modernistic design of the Council room
itself.
"These portraits would lend a dignity to the Council chambers
and to the present and future Councils .that~past Councils have
lacked. Both for this reason, and for the historical value, I
believe this request merits your serious consideration."
Mr. Woodard suggested that Mr. Wick he thanked for his consider-
ation, but that he would not want to spend city funds for such a
project.
.Mr. Wick'then informed the Oouncil that there was an anonymous
sponsor for this program and there would be no cost to the City, also
that it was the desire to have pictures Of former Councilmen as well.
Mr. Avery moved that this item be tabled for further consideration,
the motion being seconded by Mr. Warren and unanimously carried.
7.b. City Clerk Worthing read a letter from Mr. Ellingsworth of the
Chamber of Conmercerequesting the City to assist in the future
Christmas lighting programs~ by providing the labor and equipment
(ladder truck) necessary to put up the lights and-decorations, connect
them to the switch boxes and take them down, and that with~this help
it would enable the Cha~er of Commerce to use the funds raised each
year from the merchants to ~urChase new materials .and ~eplace worn
out materials in order to expand and improve the Christmas decorations
for the City.
Following lengthy general discussion, Mr. Warren moved that the
Chamber of Commerce be assured that the City would take part in the
Christmas lighting program as requested. The motion was seconded by
Nr. AveMy and unanimously carried.
8.a. City Clerk Worthing read ORDINANCE NO. G-446.
AN ORDINANCE O~ THE CITY COUNCIL OF TEE OITY
'~, OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
· CERTAIN LANDS LOCATED IN SECTION 9, TOWNSHIP ~6
SOUTH, P~NGE 43 F~ST WHICH LANDS ARE CONTIGUOUS
TO EXISTING ~NJ~ICIPAL LIMITS OF S~ID CITY; RE-
DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LANDS; PROVIDING FOR THE ZONING AND ~TAXATION
OF A PORTION OF SAID LANDS AND C~ONDITIGNS OF ANNEX-
ATION; AND PROVIDING THE RIGHTS AND OBLIGATIONS OF
A PORTION OF SAID LANDS.
(Copy of Ordinance No. G-4~6 is attached to and made a part
of the official copy of these minutes.)
See 14~, 146D, 146E and 146F
City Clerk Worthing read the following Planning Board Report con-
cerning said Ordinance No. G-446.
"At a special meeting of the Planning Board held on June
1962 the Board unanimously Voted to recommend the Ordinance
No. G-4~6 pertaining to the ar~nexation of the Ch~istenson
property along N. E. 8th S~eet be approved with respect to
the zoning as outlined in Ordinance NO. G-446."
Mr. J. L. Patterson protested this annexation under the terms and
conditions that are set forth in the Ordinance, particularly regard-
ing taxation.
-~- ~-25-~
Ju~e 25, 1962
Mm. Worthing informed the Council that the major portion of the
lands contained in said Annexation Ordinance are not taxable by any
taxing unit in the State of Florida at this time. That 'they are
tied up by a temporary spoil disposal easement, empiring December 31,
1964, by the Florida InIand Navigation"District.
Mm. Robert Gracey, representing the Christenson's, informed the
Council 'of the high ideals and plans that M~.~ Christenson had for
this property and that any development would be of the highest type
and would be an asset end beneficial to the City of Delray Beach.
There being insufficient objections to Ordinance No. G-466, same
was unanimously adopted on this second and final reading on motion
by Iir. Warren and seconded by Mr. Woodard.
8.b. See page 2 of these minutes.
8.c.City Clerk Worthing read RESOLUTION NO. lb02.
A RESOLUTION OF TEE CITY COUNCIL OF THE CIT~ OF
DELRAY BEACN, FLORIDA, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID
CITY: SETTING OUT ACTUAL COSTS INCURRED BY 'SAID
CITY TO ACCOMPLISH SUCH ABATE~'~.NT AND LE%"~ING THE
COST OR SUCH ABATEMENT OF SAID NUISANCES, AND DE-
CLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY
~N AN AMOb'NT AS SHOWN BY REPORT OF THE CITY MANAGER
OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. ]3402 and accompanying costs is attached
to and made a part of the official cop of..t e e
I
Resolution No. 1402 was unanimously passed and adopted on motion
by ~[r. War~en and secohded by Mr. Woodard.
9.a. City Clerk Worthing read the following Planning Board Report,
dated June 15th.
"At a special, meeting on June. 14, 1962 the ~lanning and
Zoning Board held a hearing' on a request made by ~-~. Roy
Calamia for redefining the R-1AAAB Zoning boundaries of
Blocks 7, 8, 9 and l0 of Sherwood Park'.
"The Board voted unanimously to recommend that the request
be granted."
Mr. Woodard moved to accept the Planning Board,s recommendation
and to grant the request concerning Zoning. The motion was seconded
by Mr. Avery and carried unanimously.
9.b. City Clerk Worthing '~ead the following Planning Board report
dated June 15th.
"At a special mee~ held on June 14, 1962 the Planning and
Zoning Board hel~ m hearing on a request made by .Mr. Roy
Calamia for amendment to Section 29-4F Delray Beach Zoning
Code, varying the requirements of the R-1AAAB District, as
outlined in his letter date4 May 8, 1962.
"The Board voted unanimously to recommend~ that this request
be approved."
The following is a paragraph from Mr. Calamia,s letter of May 8th
containing his request for an amendment to Section 29-4.f of the
Delray Beach Zoning Code.
"At' present, ours is the sole subdivision zoned R-1 AAAB, and
we would appreciate a slight modification in the requirements
of this Particular zoning classification. The change which we
are requesting would amend Section 29-4(F) to reduce the mini-
mum aggregate floor, amea of homes in this district from 1,800
square feet to 1,500 .square feet. That minimum would still
quire 250 more feet than the..R-1 AA district., an4 we are cemtain
that Delray Beach can still anticipate the same distinctive de-
velopment that was omiginally planned."
~r. Avery moved tha~ the Planning/Zoning Board report be approved
and the request granted. The motion was seconded by Mr. Woodard and
carried unanimously. -5- 6-25-62
Juh,~ 25, 1962
9.c. City Clerk Worthing read. the following Planning.~Beard Report
dated June 15th.
"At a special meeting held ~n Ju~e 14, 1962 the 'Planning and
Zoning Board held ia considerable conversation regarding the
recent publicity~ concerning a large new shopping center to be
built on the 'West side ,of U. S~ ~ I below 14th Street. .
"Since this Property is cor~tiguous to the city and lying in a
pocket 'of county ,land coz~pletely surrounded ,by the City of
Delray Beach, the Board unanimously voted to -go on .record ' and
recommend that every possible eff.o~t be made to annex.this
property into theCity, of Del~ay."'
Mayor Dietz announced that he had been informed ~that the owner of
this shopping ~center property desired to be annexed to the City of
De lray Beach.
CounciLman Woodard stated that he would follow upon this proposed
annexation as~ rapidly as possible, .a~d' that he.had been informed that
this is an area shopping center and will be 'the 11argest between Fort
Lauderdale and West Palm Beach.
9.c. City Clerk Worthing read the following Planning Board Report
dated June 21st.
"At your June ll regular meeting you referred two requests
from Attorney ~John Moore on behalf of Lawrence J. Plym to the
Planning and Z ~ing Board,
"The first of these pertained to a transfer of lease from
Jarman Smith to Law~enc. e J. Plym cove~ing the' city boat docks.
"The second was a mequest to emect boat docks across the watem-
way from the city docks withou.t the necessity of erecting other
buildings in conJunc~ion therewith.
"The Planning and Zoning Boa~ discussed these at a meeting on
June 14, 1962. The Board realized that the second was improper-
ly worded-and 'that the request was intended to request a per-
missive use to erect boat ~ocks to be used commercially in con-
nection with the operation of the city boat docks, as is evident
~ from the first request.
"Upon instruction of the Board I contacted Attorney Moore and
verified this fact. M~. Moore then advised me that he would
p~oceed to establish plans to cover the installation and would
present a new request with plans attached in time for your .
meeting on July 9, 1962.
"If you will refer this corrected request, tO the Board we shall
proc~e~ to h~~'the necessary hearings and submit our .recommsnd-
ations forthwith." . -
10. ~r Avery moved that the City Manager be directed to authorize
the Consulting Engineers ~Russell & Axon'to pr, cooed .with the prepar-
ation of final contract drawings and construction specifications in
accordance with "Engineers Preliminary Report--Sewage Works Improves
ment" dated October, 1961 as amended,by supplement received by the
City on April 2, 1962 and furth~er that the~Engineers fees for such
work he paid in accordance with tezmm of contrac~t da~ed Septembe.r 3~,
1959 with appropriate credit being allowed the City of Delray Beach
for work already performed and applicable .to this project. The
~otion was .seconded by Mm. Woodard and carried unanimously.
10. Mm. Warren corm~ented,as follows: "Mr.,, Mayom, I~.wo~ld. ask that
you as Mayor, a~d the City'~Councll,- direct the City Manager to ask
the Inter-Racial Committee to meet.with' the ,City Council on Monday
evening, July P_nd at 8.$~G P,M. to discuss'matters of mutual interest."
The motion was secohded by M~. Avery.
1~5
June 25, 1962
Mayor Dietz commented as follows: "Up to this point we are in
complete accord. At this particular poiht our Path diverts. I am a
firmbeliever that as the.negro in Delray Beach takes upon himself
additional rights that he also has to respect the rights of others,
When we go'for new 'found rightswe don,ttrarmple'on the rights of
other people. We .have been Very sUccesSful as' a City in eliminating
any incident, so that we' are still masters of our Beach and We are
not in the hands' of a Federal Court. I, for one, feel that our
Police Department now should have a Beach'PatrOland that Beach
Patrol is for the purpose of removing anyone from that beach Whether
he be white or negro who does not conduct himself as gentle people
conduct themselves on a beach. We have not been able to do much Of
that up to this time beCause we were busyin eliminating any incident
but the time has come, in my opinion, that everybody who enjoyS t~ ~
beach cannot enjoy the beach at the e~pense of people that are now
there.~ ~ust the other 'day four' Of them when in and 'knocked two k~s
off of a raft right in front Of the pavilion. We get all kinds of''
reports.' That is understandable but I think that the time has com~
whenour own policedepartment, and I cannot see anybody having a~,
thing to do with the law'and order :of out'great city other than the
Police Department, should remove negro Or white,'orwhite or negro
if they do not handle themselves on the beach. I do not feel that
this is a matter~ although I will gO aIong with the C0unciI tonight
as a matter of prineiple, but I do not feel that this is a matter for
any group of citizens to handle. This is a matter for our Police
Department to handle. OurPolice Department has done very Well up
to the present time with the instructions that they ha~e had. I
think the time is here, so that no one gets the idea that Delray
Beach is going soft, but that the beach be a place that the citizens
can enjoy withoUt being interfered with by others thatare looking
for new found rights.~ Over half of them that were'there this last
Sund~y were.not Del~ayites. They came f~om. Deerfleld, they came
from Boynton and they came from one otherSection~ At our own pool
out on the West. side we had an influx from 441, so much.so that our
own negrO children couldn't getinto the pool because there wer.e so
many other negro children there that were not from Detray. I under-
stand the administrative part of our government here feel that they
have corrected that tb_rough~ the issuance of passes to the children
that are inhabitant~ o~ Delr,ay. I don't see, for the life of me,
where an Intem'Racial COmmittee or a meeting by this Council with
the Inter-RaCial Committeeln any way can supplement PolicePowers.
That is for the Police and the Police only. It's not for a committee
of whites. It's not for~ a committee of negro. It is' for the Police
Department to handle the beach and while I will vote to go along with
thismotion I do it with a very heavy heart." '
Mm. Warren commented: "~fter our discussion inthe preliminary
meeting this afternoOn I was in hopes that you woulO understand.~ Not
having met with the Inter-Racial Committee the last time, andthe
manner in which they accepted a certain responsibility in helping us
maintain an even keelin our. beach situation. In making my motion I
said that we woul~ like $o meet for matters of m~tual interest in
hope that we could eliminate any possibility of aggrevating the
situation. The Inter-Racial Committee definitely asked and felt that
in the past they had not been asked to function where.situations such
as this could be tempered. The whites and negroes on the Inter-
Racial Committee could decide, as a body, to help us meet any aggre-
rating situations on the beach. Knowing their sincerity and their
offer and willingness to still function as a committee in.the face of
some of the CounciI'S~ thinking, that's why I asked tonight that the
UoUncil meet with the Inter-Racial Committee next Menday night, July
2nd at 8:00 P.M."
Mr. Avery: "I would like to say that the Police Department has
done an admirable Job. If you have seen things over the~e that you
didn, t like it is not the fault of the Police because they have en-
forced all existinglaws. If~ you want to legislate against things,
want the Police to prevent some things that you have seen, you are
going to have to pass laws for them to enf~ce and that gets on very
thin ice, very dangerous grounds, and a lot of laws won,t stand up
in the courts, and is such that I think you should realize the fact
that the Police Department has done everything within their power to
enforce the laws of Delray Beach as they exist today."
-?- 6-~5-6~
June 25, 1962
Mayor Dietz: "There are laws on the books of Delray that .say
that you shall not disrobe on the beach. That can be enforced.
They need no new laws for .that. We don,t need any laws to stop
people going, down the beach with golf clubSilO~..whlDh there were
about forty of them yeNterday.,...Sunday. ~1 Of. this has taken place.
There are laws that handle that right on out'bookS now. It's not
the case of passage of laws, i'b is the os. Se ~f getting on to the'
beach~ seeingwhat is taking place and removing the few that are
.causing the trouble.. Once that ia done, the problem will be taken
c are of."
}~, Woodard: "I would lille to makeone comment, Mr. Mayor. I
concur with most. 0f~what you said in that if there is any one, re-
gard. lesS of race, on the beach that i~ out of li~e the Police have
the responisbllity of seeing that thcs@ people are brought into line.
However, if it~is necessary to take Police.action against any indivi-.
dual I think it is imDarative that everyone in both races understand
the motives behind such action and understand._~hy such action is
being taken and if a~mee~lng ~between ~Counoil members and an Inter-
Racial Committee will prepare both the neg~ and white races for any
future action which might be taken so that we maintain a harmoneous
situation here in town that.would be the only reason for holding such
a meeting."
Upon call of roll, the.motion that the Council meet with the -
Inter-Racial Co~ittee a~ 8.00 P.M.~ Monday, July 2nd carried unani-
mously.
10. City' Manager Smitzes presented a bill from 0ity Attorney Adams
in the amoMnt of. $75.00 for legaLservices rendered on June 11, 12
and 13, acting as attorney for the Board of Equalization. Payment
of said bill was unanimously appro~ed~on motion by ~. Woodard and
seconded by ~fr. Avery.
10.a. Clty Manager Smitzes presented bills for approval as follows:
General Fund $ 12~,634.91
~ater Fund - Operating Fund 22,006.26
Special Assessment Fund 2,731~6~
Refundable Deposits Fund. 38,34~.9~
Beach Disaster Fund 18.00
Improveh~nt Fund 6,%79.73
The bills were unanimOusly-ordered paid on motion by 2.~. Woodard
and seconded by~r. Warren.
The meeting adjourned at 9:1% P.M, on motion by Mr. Warren.
Cityalerk
~PPROVED:
-8- 6-25-62
~athe~s De~ay ~a~, Pla, R~0' De!ray
~ Gibson ~, ~ritZ ~69 01~ ~11 Roa~ ~ts ~ a lO~
~dson, 0~o .. .His-Delta
Ma~tin O. Wood~ 1~5 E, Su~ise Blvd, ~ ~,
-" Pt, ~erdale~ ~a, RiO Delre~ ~orea
StePhen B, & "
Marjorie P. ~ele~ Eas~ S~acuse 1;N,Y, ~t 6,
Rio Delrey
C,~. · Tonetta 15 Tonetta Circle Lot 7, Blk~
St,~ ~o~ Fairfield Co. Rlo.Del~oy ~ Shores
Bessie C. Addi~ 1%~ Cor~. Ridse Dr. ~ots 1~
Ft. ~uderd~e, Fla~ Rio Delre~
B. ~tman Detroit 23, ~ichtg~ .'Rio Delr~ ~hores
Sta~e7 ~ ~le~e, Box 8 'Atlantic 'Eot ~7,' Blk~
"~a ~o~eay Ht'~ds, N. J~ RiO Delre7 ~ho~es
~ido~f' ~ Ft. Lauderda!e, Fi'a, Rio'Delrey ~ores
BenJ~ln WI~off 27~3:~,'E, i~th ~%, "Lot fg,'
- Ft. L'auderd~e; Fla. Rio Delrey Shores
J~es T. ~ '19~ 'Cranbrook ~t 'Lot ~2, Bika
~t~ine M. Russell Det~t't 21, Mich.:.' Rio Delr~ ~hores
Ohas, 0, Jansen Del~aY ~each~ ~ia, ~ Bis De~e~ Shore.a
:Perline. Th~son "~6 N.~., ~h Ave,. :Vac~t ~aEt
Del~ay BeacB,~, ' Block 26
- Delpay Beach, ~a, Bloo~ ~.-~
J~es & Essie 313 N,W~ ~Av~, ~t 7,
Lee Yo~ Delray Beach',Pla, . Block 25 ...
~, Co~. ~0 ~.w, 5,~h ~ve'. ' ~ts ~:
~ha P=iee Ha~ P,O, Box 321: ~t '1,. Slk~ 1 .
~ '' D~ray Beach; ~1'~ ~1, Blk,~, ' ·
' Del Ida
..... -Detr°~' ~3, ~t~ ~: ~C ~,. 0cea~ Beach~
-,, ,' ~,.,. ' ~s~ o~th ' ~.,
.~a~t.o~, Raw~lton, 0~ ~ea~h Lots $out~
Bermuda :
N7%,$'~ to P0B in ucean
T~ B, ~ ~; ~ll Delaware Ave, '
~ ~bcoX Akron 13, Ohio
Fra~ DeRi.ce ~9 Sea~a~ Ave, S100
D~l~a2 Beach, ~la, ~e~ Beae~ Lots ~h
_ S~bmitta~ to the City. CouneXlb~ the
" O'it2 Manager ~his2%~th d~Y~f ~ne, 1962,
ORDZNA~Og NO. 0-1~6 ..,, ·
T
! SAID' CITY TO INCLUDE SAID
PROVIDING POR"THE'~ZONI~G AND TAXATION
OP SAID .LANDS AND CONDITIONS OP
PROVIDING THE RIGHTS AND OB-
OF SAID LANDS.
~S, it ts('dee~ed for the best interest, safety,
health, and geico'al, welfare of the citizens of the City of Delray
Beach, Florida, ~ ,the o,wrie, rs 'or the. above-described real property
that said land~ be annexed to-the City of Del~-ay' Beach~ and
WHEREA~, said la, ids a~e Conti~uous to the present boun-
da~ of territorial limits o£ the Citl~.,_ an~ that, When annexed, will
constitute a reaao, na~l~ CompaCt addition to the incorporated te~ri-
toru with which it is ~o~bined, a~ :
Christenson, his~wife, as tenants by the entirety, ow~ the property
hereinafter described in Subdivision &,; Section l, and.
WHERF~s~ Beth Newoome C~t. istenson, a widOW, owns an
undivided one-half interest, and Beth Newoome christenson, Willia~
N. Christenson and First National Bank in Palm Beach~ as executors
and trustees under the will of William L. Christenson, deceased,
own the other undivided cr~.ha, l~ iatereSt in the p~oPerty· herein-
after described in Subdivisions B and C of Section l~ less all of
the. right.el.way ,of Palm Beach County 'roads, .and
WHEREAS, all of the pa~ties hereinabove described
have consented and given permission for the annexation of said pro-
pe~ty~ and
WIt~REA8, the City of Delray Beach has he~etofo~e been
authorized to annex lands in.accordance with S~ction 18~.1 of the
City C~aPter of said City granted to it by the State of, Florida:
NOW THEREFORE BE IT ORDAINED BY i~E CITY CO~CI~ OF
THE CITY OF DELRAY BRACH, FLORIDA, AS FOLI~WS:
SECTION, I, That the City 0o~ncil of the City o£
Delra~ Beach, Palm Beach County, Florida, hereb2 annexes to said
City the following described tracts of land located i~ Palm Beach
¢ountys Florida, which lie contiguous to said 'City, to-wit:
.-Those tracts of land ly~n6 and being in the Model
Land COmpanyt, s eubdivis~o.n, of SeCtion 9, Township
~6 S.o~,th~.'Range ~3 East, "~ooo~di~ to. the plat
ther~$f,~ded 'in Pla~ Book :~:' page. ~0, public
Peco~d'~ ~.0~' Pa~ Bea'~ Co~t~,. ~o'~l~a~ described
as f~ll'O~s: .... :~".
A, The.no~'th ~30.8 feet "of ~a~-pa~t of Lot '30 ~
said~ ~e~-,L~d"'O[o~F,S S~bd~,Vlsi~' 0f said
-SectioD' % lye"east.of An~ews'.Ave~e ~d south
of Eighth':st~eet~ . " ' '-'
B. Also ~ts 30 ~' 31.~ t~t'P~t of ~t 12 ly~
east of the I~trac~stal ~teP~y, all less
of-way of' P~ds ~d also less those la~s conveyed
to RobePt-E. Rabo~n by ~i]li~. L,' ~istenson ~d
~Be%h Newcome C~s tenson ' (h~s~ w~fe ) pep fOllowl~
deeds ~
1. D~ dated J~ 2~d, ~961, as ap~eaPs ~n
Florida, pe~ 0, R.B. 6~,
~. D~ dated ~Pch 3Otb, l~O,-as..~appeaPs in
' --the P~I.~c R~cords of' Pa~'Beaoh~Co~ty,
..>Fl~lda,~er O.R,B. ~89, Pas~;~; and
J3,D~dated. Ap~il ~th, ~9, 9~ ap~a~s ~n
'the PUblic :R~O6~d~ b~ r~m B~oh'
C. That p~ o~ Lot 13. %~I~ ~as~ o~ the Int~acoastal
Wate~F~ ~at ~t.'.o~ Lot:'33 lYi~ [weSt of ~ews
Avenue~ ~d ALL of. ~t 3~, .~1 in acc~d~ce with
the '~ode[" .~:n~ C0~any, s ' Subdiv~ ~ion of ~aid:
9 a~, ~re[nabove described~ ," .. ,. ..
SECTION 2. The followtn~ desc~ibed '~operty is not
o~ed bF the C~stensons ~t is ~ncluded he~ein ~d is described as
follows ~
Tha~ 9a~t of ~t'~ of said S~div~sion of
Int~acoastal Wate~a~ also that pa~t Of ~t 1~
:$f..s~' SuBd[~ gk~n- ~ ~ct~n:~9 lyi~' east o~
~he sa~d' Wate~wa7 ~d n~th of.De%rgF isle S~
ship-~6 SO~th~ R~ '~3 East~ 'Pa~"Beach
Florida, .
SECTION ~,~, That the bou~aPies of ~e Cit2 of Del~ay
Beach are hereby redefi~d so as to include there~ the above des-
ertbad ~r~ots~o~!~d, ~..said !a~ds:a~ ~eby deola.~ed to be in
the CO~Orate.l~its of the,~Ci~y' of :~e!~a2 Beachf~ Florida.
SECTION.h, T~2~ t~ose D~tions. of the.property
~nabove. described ,~n S~on.l:~eof belo~i~ ~ ~e .C~ste.nons
T~ ~6 l~ig .a~:'~he"~p~o~'t~ he~ii~bov~'described
is o~d,~F t~ C~st~CgS ~d.n~.buildi~a. are
e~ecte~ t~re~,'S~-'~ll'be't~ed as acreage,
.i~ ~hat ,p~ose assessei, it ~t~00;00~.}~
E~ ~T that ~e portions t~eo~ aa s~2. ~o~th
o~ ;Gin temporary spoil disposal easemeflto
a~ ~oh~O, 1~, s~il be f~ee ~'~m t~tion
~ ~ l~e ~ s~d'. easement ~ts or ~t'il
~ l':$ime as t~ '~es~d ea~em~t gr~s are
ai~ted. This exertion s~l not apply tb
iota or.~rcels of l~d?subSect to ~e above
ea ~ments upon sale or ~afe~ ~ s~e to pa~t~
:)~rties o~e~ ~n t~ C~lsteason~.
~t~n ~Operty shall not be ~bJe~t to
~"' ~,e,ent bond.d indeb,e~.s of t~: City of
'aY Bea~ neither s~ll ~ts, as a~ ~en
Al! ef ~e C~ist~son pr~erty to ~he nortR
E$~th Street s~ll be z~ed C-1 ~ercial.
The C~ist~$ons' property to t~ south of =Etghth
Street ~d west of ~ews Aven~ a~ll be zoned
C-1 Co~roi~ to .a depth of 3~ feet southerly
~ ~e a~Uth li~ of El~th .Street. This. shall
aPeoiflc~ly l~lude ~Uildl~ setback li~s ~d
uses ~w pe~tted ~ ~ City Of Del~a2 Beach
Zoning O~din~oe for ~e C-1 Dlstrl.c~s.
T~ C~iatenson .p~pe-rty f~nti~ on ~dpevs Avenue
shall be so~d R-~ begi~l~ at a. po~ 300 feet
south of E~th Street~ ~i~ thence to..the
southerly line of t~ o~istenson p~Pe~ty. This
R-R zonl~ ~all extend we.steely f~m ~ewa Ave-
nue a d~th of 13% feet.
(apar~nt a ~d hotels, )
c.. ~
The C~late~o~ s~l not be Pequired to compl~
vi~ ~pte~ 1~ o~ the DelPa~ Bea~ Code of
n~ces pePtainl~ ~ 1~ ole~l~ ~til the
~l~dN~, svi~atlon-Dia,tPl=t ~oil area to t~ south
of t~ lands deaerib~ in ~ectl~ I ~eof ia filled
to a usable elevattO~ T~a exe~tlen a~li not ex-
tend te p~chase~a of iota ~m t~e C~iatensons.
The p.orti'oa ~ ~t ~ of t~ said 3u~lVialen of
Section 9 ;~pei~bove described now o~et by
N. ~iatenson,~d Elizabe~ W. C~lste~en,. ~a wife,
lying sou~ ~ E~hth Street ~d e~t of.'~rews Ave-
nue shall all be zoned C-1 0o~ercial ~d la covered
bY ~1-~ t~ pr~i-a!C~a of this 0~in~oe J~t
~lly as ~e balance ~d by .Beth Ne~. C~i'atenaon
and t~' estate of Wllli~ L', .C~lat~aon, deoease~,
.Likewise, ~y ~t~e eonvey~ea-0f said prOpe~t2
~on8 the C~i.at~so~ a~ll not be .conat~ed aa a
sale. as cont~lated In ~ Ordi~ee ~ as ~ lift
the p~operty so conveye~ ~m the continued p~otee-
tien of ~ls O~oe, ~ 'said privilege o~
ce shall. ~ply to ~1 of the p~pe~t2 'described
set forth In Section I ~rei~beve.
SECTIOI~'~o Except for the p~ovisions he. inshore
contained ~-.Se~tion ~$.o£ this, ~oe ~oh e~ess~ appl~ only
to ~e lands ,now ~ed.b~ the C~istenaons, the lands ~einabove
described shall i~ed~ately~beeo~ sub, ct ~ ~1 of ~e fr~chises,
privileges', ~it~'S, debts, (exc~t.existing bonded indebte~eaa)
' obligatio~,'.liabil'ities, or~ces'~d laws to .~ich i.~ds in t~
City of Delta2 Bea~ a~e'now o~. may be, and persons ~esidl~ thereon
shall be deem~/~ cit'~Zen's~ of- ~e Ci~ of. Delray Beaeh,
. ~DINA~OE PASSED A~ .AD0~ in. re~lar session on
this the 25th day of J~e- .A.D,' 1~62.
./s/ Walten
MAYOR
]~80LUTION NO. 1402
A ~V~OLOTION OF THE CITY CO~CIL OF THE CITY OF DEL.~Y
BEACH, FLORI~,~ AS~SING' COSTS FO~ A~TING
~N CERTAIN ~S ~A~ ~IN SAID CI~.~ S~TING
0~ ACTUAL COSTS INC'~ BY ~AID CI~ T0 ACCO~LISH
S~H A~TE~ A~.~G ~E C~T OF S~H A~TE~
~ON ~A~ FB0~ IN. AN A~ AS SHO~ ~ ~P0~ .0F
~ 0i~ ~NAGER OF D~Y ~OH, F~aIDA.
~S, .the City C~cil of the G~ty of Delra~ Bemch~ ~id' in
re. gu!ar ~d/e~ ' : seSSion held on ~ ~eg?Mb?r. ~, lq61,__ :. _
mitred .$o ~m, for violation of ~ pmovisions of O~lnanoe
~S, p~su~$ to such decimation, the City Clerk of said
C~ty did f~nish each of ~he ~espective ~ers of the lands described
In said list with a no,ice desc~ibi~ ~e ~t~e of ~e nuis~ce ~nd
that ~e7 ~st abate said nuisance wi~in ~h~'~y (30) days, faili~
in which ~he Oi~2 0o~cil would have i$ done, ~d the cos~ thereof
wouId be levied aa an assessmen~ aga~a~ said p~oper~2; ~d
~S, the ~e~s herel~te~ n~ed di~ fail
abate the nulaa~e e~s~ing upon ~e~ respective l~da within the
time prescribed in said notioe ~d ~i~e ~-~7, ~d the City of
Delta2 Beach was requ~ed ~o an~ did en~e~ upon ~he follo~ng
and incur oosts in aba$i~ ~he nuis~ce e~sti~ ~e~eon as described
~S, ~e 0it2 M~ager ~f the 0i~ of Delta7 Beach~ has, p~-
City 0o~cil a report of $~ costs incited in abati~ ~e nula~e
as ~eaaid, aa~ report ~dioa~i~ ~e coa~s pe~ p~oel of l~d
involved,
NOW, T~0~, ~ IT ~0L~ ~ THE 0I~ 00~0IL
1. ~a~ assessing, ~ t~ ~divi~ual ~o~s as aho~ by ~e
mepor~ of ~e Oi~y M~ager of ~e 0it2 ~ Delmay Beach, involvi~ ~he
Oityfs oost of abati~ ~he ~esaid nUis~e, upon ~e lots or par-
cels of l~d ~ea~mi~d ~ aai~ repose, a oopy of ~l~ is a~taohe~
hereto ~d ~e a p~ hemeof, ~e levied aga~ the p~cels of land
assess~nts so levied s~i1 be a lien ~0n ~he respective ·
lots. and paroels of lan~ desoribe~ ~ said report, of ~e
nat~e .and to ~he ~ extent as ~e lien for gene~al otSy Sa~s ~d
shall be collectible ~ ~ s~e ~ ~a wi~h ~he s~e penalties
and ~der ~e .a~e provisions as ~o sale ~ forecloses as city ~axes
~e collectlble.
2. ~a~ She 0i~ Ol~k of said Oi~y shall, as s~n as possible
~ter the effec~ive da~e, ~eco~d a oe~ifie~ copy of ~ia '~eaolUtion
In the o~ice of ~e C~rk of ~e Oi~uit 0~ in ~d fo~ Pa~ Beach
Count~, ~lo~ida, ~d shall furnish to eaeh of the owners n~e~
upon said repomt a ~tioe ~ ~he ~l~ 0o~oil of the 0i~ of Delray
Be~Ch, did, on the~ecember 11. lq61. Jan~ar? ~. Pebruarv 12 a 26. '1~62
ordem the abatement Of a ce~ln nu~s~ce e~lng o~-~he~' described
proper~y ~d proper~y o~ ~ving failed to aba~e such nuisance,
within ~e 30 d~ period, ~eupon i~ w~s abated by ~he 0i~y a~ costs
ah~ in said report ~ such assess~n~s shall ~e legal, valid
binding obliga~l~ upon the propem~2 against which said assessments
a~e levied. This resolution shall be~e effective 30 days from ~he
da~e of adoption, ~d ~he aaaeaa~nta ~ontained herein shall bec~e
due ~ payabls t~y days ~te~ ~e ~ili~ daSe of the no,ice of
said assessment, ~te~ ~l~ ln~e~eat ~all aoo~e a% the rate of 6% ..
per a~ on ~2 ~pai~ portion $~e~.
PA~ A~ ADO~ ~ ~aesalon on the 85~h da2 of
co~ o~ A~ATZNO ~rISAXCE$ ~
~0~ D~?~0~ ~ ~SS~S~
Lot 8, Gl~ l, ~e~o ~r~ Has~d S ~O,00
~ot ~, BI~ 1~ Fe~o Joe P~ac~no
Jo~
~t ~; BX~ le Fe~o ~s, ~ ~, B~d ~0.00
~t ~, Blk, ~ F~o Fletc~r · Ruth ~illl~s ~,00
~t 1, Blk, 2, Fe~ Ruth Bethel 1~00
~ts ]~ 6 & 7, Blk, 2~ Fe~o J~eB X. C~berbatch ~0.00
~t ~, Blk, 2~ Fe~ Ethel Hackey ~000
~ts 9 & 1~ Blko 20 Fe~o George StFles l~,O0
~t 13, Blk, 2, Feflno C,W. ~. ~ F~cenia 1~.00
G. Patti ck
~uary ~ !96E .list
~0~' ~o~ E131~]~ of. ~ o~ .J~es Andre~s
alock"i6 (1)
S~O, of ~E~O~ of ~]1.3*; Ethel Ca~t~t~ht B~ns E~,00
H~, of Block ,1~ (5)
350~ o~, ,N2~O~ OF E13Z,~* of .~se & Olive Jo~$o~ ~,00
~ of ~look 16 (~)
s~o~ of ~0~.~~ of ~l.~l~ ~o~ · Lill~e ~ee ~a~n ~0~00
of Block ~6 lesm N ~ o~ Del~a7 Beach ~d C~, ~10~00
~o0, (1~).
~0~ o~ S100~ off-~ of Block O~D. ~iest, ~r, ~.00
~100~ of ~02.88~ 0f 21~~ of ~llSo~ · Fa~e ~e~e~t 6~.00
Februar~ ~6,. _1~6.~
~t 216, TroP~e lb~e ~ard
~t 2~, Tropic Isle ~a ~. B~een ~.~8
~t 2~.T~plc Isle L. fl. & ~r~'F. Ed~rds ~.~8
~to 231 t~u 235, Tropic Isle Joseph Glal.e~
'~'~ ~3 less a 't~ian~lar strip Ho~th Tropie Isle, I~. 22.~1
~3~', T~opie Isle .
,~ts 316,~17,31~ & 331, T~opic A~e B. Or,ditch 12.91
Page two of ~S~utl~ Ho.
PROPERTY DESORTPT~OI~I ~ - '
Lot 332, Tropic Isle Murray & Blanche 511vet
& Herbert · Barbara
Berger
Lot 333~ Tropic Isle Gertrude M. Pri~
Lots 228 · 33~ Tropic Isle E.F. ~ Ethel Jonson 11.15
Lots 8 ~ 9, Blk. 11, ~ceola ~lling Alpon 10.15
Park
~ts !% ~ 16, Blk. 11~ Os~eola Oscar B. 8abin
Park
~ts 6 · 7~ Blk. 12, Osceota ~s, ~a Wood Estate 10.15
Park
~ts ~O, 78 · ~2, T~pic Pa~s North Tropic Isle, Inc. 16.73
~ts TI'thru 7~ ~ ~t ~, ~ellon La~ Co~. 1~.73
Tropic Palms
~ts 7~ 81, 83, Tropic Pa~ Willi~ J. Kaye 10,15
~ts 80, ~, 85~ TrOpic Palms Willi~ J. ~ye 10.15
Lots 8~,87,$8,89 ~ 90, ~opic ~slie Be~ish
Pa~S.
~t ql, Tropic Palms ~o~ E. As~ey 5.58
Lot 95, Tropic Pa~s Robert ~ Shirle2'Sc~oeter ~.58
~t 14, Delray Beach Esplanade Jo~ W. ~Elwain 5~58
Lot 5, ~derson Block R,T. & Mi~l~ B. Ha~a
~ts 1 t~u 1~ Si~s Plat. J~es W, Dohertu & ~es 19.31
Si~s
sec.
~ts 13 & 14, Block 58' Lee Realt~ 0o. 5.58'
~ ef ~ Blo~ ~6 M~y Elizabeth Smith 10.15
~ts ~1~ 22 & 23, Blk. 7~ ' ~ederick S, Neafie 10.I5
~t 3.,. Blk."A",~ High Acres Joseph R. &~ Lilli~ P.
3rd Ad~. ~" Garrison
~t 4, '~Blk."H", Jo~ B. Retd's Helen E. ~e~ 5'.58
Village
~t 2~, Tropic Isle~ :~ ~arinus C. & Clara Rosk~
S6~' Jf- E13~', Bljck' 2~ (11) ~o~elia Mitchell 30.00
~S 2~ ~u ~, Block 15 Alv~ ~cFord
~ Pa~e three of Resolution No. 1~O2 ,_