07-09-62 A regular meeting of the City Council of Del~ay Beach was held
in the Com~cil Chambers at §~00 P.M., with Mayor ~alter D~etz in the
Chair, City Manager Louis ~. S~tzes, City Atto~ey ~o~ R~ss'
~. Co~ci~en A1 C. Avery, George V. W~ren ~ Oliver.:W. Uo~dard,
J~., bei~ present.
1. An ope~ng praye~ was dell~red by Dr. D. ~las ~chivner~
2. ~ motion by ~, Avey2 and second~ by ~. ~e~d, ~e ~nu~es
~ ~ ~th Co~il meetin~ were ~animously ap~.
3, ~s~. ~ .E. Buel of t~ Delray Beach Wom~'s Club p~esented
fo~ ~ei~ ~opoaed p~king lot at ~e ~o~' s Club leased p~e~'~
~ asked f~ Co~cil approval of said pl~s. -
~. Ave~ moved ~at ~he City Manage~ be asked to check these
proposed plus and ~ -they ~:e found to be tn a~ord~ee with policy
to 'approve s~e. ~e ~tion was seco~ed'by ~'. Wo~ard and ~ried
~a~mo~s 12 .~
~. ~. ~ar~en reported that ~ Beautification CO, tree ~t on
July ~th ~d made a to~ of pend~ng and active p~oJects, i~luding
the city n~ery where plants ~d trees ~e being ~ fo~ city.
beautification; the Tent~ Street Boat ~nding ~epe It has been
proposed to provide addit~o~l parki~ space, additional landsoapimg
ahd possibly a picnic area,' ~c.~enda~lon for s~e ~ill be ~de by
~he co, tree at a later date, the City p~oper~2 ~ S~ S~nton
~venue; ~d ~e .Little League Ball Park area on S. U. ~d AvenUe
where it kas ~een suggested t~t ~ere be s~e beautification,
Othe~ practice baseball fie~'d, and possibly a park~ and '~at plans
~d a ~equest for f~ds to :e~oe' the whole a~ea would be presented
later.
~.a. 'A roll cal~ showed t~t the follo~ o~ganiZ:~ions
sentatives were ~n attenda~e.~
Ch~ber of Corette ~e~eth Ellinga~orth
~w~is Club ~ROy Croft
Bo~d of Re~tors H. ~n Ad~
Seagate Garden Club ~. J~s Bowe~:~
League of ~o~n Vo~s ~.~s. Fr~k Cape2
Wom~.s Club ~s. L~ E. BueX
Beta Siva ~i ~s. O. ~. Wood~d, ~.
Pla~in~Zo~ng Bo~d Col. A. L. Fabens.
~. City Clerk Wo~thing read t~ foll~ing letters addressed
Mayor ~al~er Dietz:
"~e 26, 1962
"I wish to co,end you for your co~ageous co~o~ sense stud
regarding ~he racial problem as it c~rently e~sts in De~ay
Beach. You~ view point has the s~port of eve~one with whom
~ ~ve discussed it.. Ke. ep ~ t~e good work.
"JUly 6, 1~62
"We Just ~t you to ~ow- that we a~ee wi~ 2ou' ~at the
Municipal Beach should be restricted to local residents.
~e two e~g~C20~ces ~at the Co~cil passed should
~e ~e the ~ ~ of ~ beach, a~d we ~ow the n~ber
· f ~f-oo~~ o'~s ~ use ~:t e~ of ~e bea~,
"~ ~ve ealled th~[ty M~ag~s O~fl~ in re~ard ~o needA~
a st~e~ li~t at Beth ~ive .~ O~.e~ B~lev~d (AIA), but
Se far noting has been dena. ~ ~ ~ ~ea d~ net ~ant
this tabled.
July 9, 1962
"We want you to know that we think you are doin~ a wonderful
Job as tMayort· /s/ Henr~ H. 'McNeill"
"~e want you ko know ~ha.~ we'believe' ~ou' 'are doing a' good' Job
as mayor of this little
'~our attitude to the various problems - sewer, streets,
a~exation~d racial is co~rect ~d~o ~the best interests
of the city.
,,We hope~' tha~ me~ loud ~ v~ease~a~le vgi~es of some members
of your council will not bother you ~oo
"We also ho~e yom wlil de all you can~ ~o keep taxes do~ and
e-~e~$s held to an ecOno~c level.
/s/ He~y~A~ & Mari~' P; Libbey"
6.a. City ~nager S~tzes presented a r~Ues~ from ~. Reuben Oliver
for~ transfer O~~ ~e Beer ~d Wime license previo~ issued to W~us
I~, 1337 West Atl~tic Avenue, to h~ as he has purchased said busi-
ness. It was repo~te~ t~t~ the usual investigation had been made by
the Police Department of ~. oliver ~ ~pp~Ov~l~ given by the 0hief of
Police. ~ The t~er ~ s~d Beer. ~d W~ne' License Was unanimously
approved on'm0~&n ~Y ~ Warren and Sec,nded by ~. Woodard.
6.b. ~$ City M~age~ p~esented a smrv~2 repor~t of alleged Nuia~ces
exiat!~ in via~tion of O~pter 15 ef the 0i~'s Code of Ordihances
that ~had ~been~f~shed ~2 the Fire Department.
~ ~t ~s~ moved by ~, Warren, aeoe~ded b~ 4~.. Ave~ and un~imously
carrie~~ t° dAreC'~ ~the~Oi~ Clerk to c~ly~i~0rdinanco No. G-388
as applloable:~to t~s.~uisance survey .repOrt..' . '
(C6~y of NuisAnce` a~rvey ~eport ~is a~taC~d to and made a par~
of the official copy of these ~nutes.)
See 166A and 166B
6.c. City Manager S~tzes referred to a request from ~. Haggart asking
the City to participate in the paving Of
sketch was displayed showin$ .the proposed p~king spaces south Of the
Post Office Buildkng~ i~esS fr94 N, E. 2nd Avenue a~d egv'eSs t~.ou~
the alley tO 3rd Street~~and it W~S made ~o~ that ~th!s pa~l~ ~ea
is in co~li~ce ~lth all' a~emen~s that }~. Haggart had maoe .cOn-
'rnin e ~ ~'.~'~ :ieSZ~c0~limented ~. H~agg~'~ on taking care of
the proble~ that ~e .arisen concerning
City Clerk W~ing ~e~ read ~OL~!.ON
S~C~ICATIONS A~ ~TI~TE OF COST TO OP~,
may deem it to 'Be necees~ ~er tBe safe~y anc convenlen of the
public' to cpen, ~ade.and pave the nor~-south alleU' ~n Bl~k 73 less
the nor~, ~3~ .feet th'ereof, t.o a width of sixteen (1) feet.'
De~ay Beachi Pa'~ Beach Oo~ty, ~lorida as
~ECTION 1.. That ~he Ol~y I~ana~er be required %o submit p!a~s,
speclftcatio~ and an es~ima~e':o~.' the" 'cos% of"s~oh' i~rovemen% ~o be
made; .and'~ha't %he s'~e s~all' be piaoeO"o~ file in the Offic'e of ~he
City Manager.
PABS~ ~ND ADOP~ bY She 0i~y 0o~ncil of ~he Oi~ of Delta7
Resolution No.. ~0~ w~s un~imoumly passed and adopted on motion?.,,,.,
by ~. Warren and seconded by ~. Avery.
-2- 7-9-6~
i6i
July 9. 1962
City Cleric Worthtng read P~SOLUTION NO. i~0S.
A RE$0LUTION OF T~ C~ C0~ClL 0F ~E
CI~ OF D~Y B~CH, F~IDA, 0~E~IN~
~ 0P~NG, G~DING A~ ~AVING 0F T~
NORTH-80~ A~ IN B~K 73 P~T BOOK
12, PAGE 62, ~S ~ NOR~ ~3~ F~
~OP TO A ~ ~ SIX~ (16) F~.
(copy of Resolution No. ~0~ ~ls attached to ~d mad~ a
part of the ~ficial copy 'of these minutes.) ..
See 166 C .a~ 166 D
Resolu$ion No. ~0% was un~imously adopted on mo~ion ~ ~.
Warren and seconded by ~. Woodard.
6.d. Supplement. Oo~em~ ~he selection of a fin~ci~ pl~ ~o
s~por~ ~e ~v~osed s~i~ sewer p~oJecg, City M~ager Smi~zes
repo~ed ~ha~ four plus had been submitted by ~he 01~y~s Fiscal
Agents, B. ~. Van Ingen · Co, any, Inc., and ~oodbody & Co, any,
~d ~ha~ said plus had been identified as A, B, C, ~d D. Further
~hag ~he issue should be for a ~o~al of $3,100,000.00,~ $~00,000.00
of which has a~eady been issued.
~. Wooded co,ended as follows: "We ~ elaborate on this
for ~he benefl~ of ~he public. As ~he 0t~y M~ager pointed ou~, fo~
plans were su~ed. ~he firs~ ~wo plus, w~ch lnco~o~aged usi~
only revenues derived from ~ sewers would have necessi~aied a
Junior lien series ~o o~ prior lien aeries. Plans C. ~d D. in-
co~ora~ing utlligy ~ax but which, would not ~le ~hose funds ~ not
m~ing ghem available for o~ ~ual revenmes. By-u~ilizing the
u~ill~y ~ax In either PI~ C. or Plan D. o~ savi~ would be ap-
proxima~ely $7,000.00 a ye~ for ~him~y ~wo ye~s in lnieres~ on ~he
issue, ~reby we feel ~hat PI~ O. would be ~he moss acceptable from
the sgandpoin~ of ~he savings on ~he ln~eres~ on the money, and I
move ~ha~ the 0ity authorize o~ Fiscal A~nis ~o proceed wish Pi~
C. so ~ha~ the cuff all sewer system ~y remain on schedule."
~e mo~ion was secom~ed by ~.'
~. Warren oo~ented as follows: "~o ~he mo~ion, ~. ~2o~.
~ink ~ha~ ~. Wood~'~ in~i~e~ed ~hat I~ems C and D Bo~~ involved
tying up Che utility ~ax."
2,~. Woodard: "Plus 0.~ D do no~ ~ie up ~he u~ili~y ~ax."
~. W~ren~ "~o ~he mo~ion. I ~t l~ clearly ~ders~ood,
we were so advised by Fiscal Ag~a tha~-~less an emergency
which gives you a yeav ov ~wo ~d.for ~he using of ~e u~ili~y ~,
tha~ the utili~7 ~ la availa~each~ yearn, f~.. ~he use f~f ~he
of De~ay Beach. '~a~ would ~lify ~ vo~e.
I~ was also ~ln~ed ou~ ~hat ghere would be no assessmen~ ~o
pmopergy o~ems for installation of the lateral sewer lines, but
~he proper~ o~ers, where ~he new lateral lines are ex~ended will
~o~elled ~o hook onto the new sewer lines ~d to pa2 for said con-
nec ~lon.
~yom Die~z co~enied aa fellows: "I ~hi~ ~ha$ ~heme ~s ~
so much said ~hat before we t~e a vo~e we sh~u!d' get It clear in
eve~one,s ~nd. With ~e ou~fall system l~ will be ~12 l~ge
take care of ~2~hing ~ha~ De~ay p~o~ces. 80~.~~ ~e sewage ~o-
d4oed daily will be tmea~ed on .She ~'f.irs~ phase .~ ~e ~tfall. Ail'
o~e equipmen~ for ghe ou~all ~11-be ~er~ ~d i~ will ~a~
up ab~ She a~e space as ~hose ~wo 'bU~Xdi~s do~. in ~he p~k now.
~ose buildl~s, of course, will have to be ~en do~. I~ will
operate auto, tidally Jms~ like ~e'one in ~ke Wo~h~. If you w~
~o see 1~ you ~e ~o ge~ so~bOd2 ~o ~o~ d~ wi~h a.key and ~lock
i~ because i$~s so ~le~ ~ ~ce ~ au~ic ~ha~ l~.doe~n*~
quire ~ ~ln~e~e, ~ha~ is ~ actual pemson being.'~here. Now
wha~ happe~. ~e pipe~.goes ~ ~d when it goes ~em ~e' ~a~
will ~e ~welve ~o seventeen feet ~dem ~he s~ of ~he beach, ac
when people say ~o you ~ha~ they don~ ,'like ~ ou~fa~.beoauSe
-3- 7-9A62
July 9, 1962
will be a big pl~e on: the beach'yoU, can tell them that you heard it
will be from twelve to seventeen~ feet*under the surface of the beach.
As far as a pier ~i~s' COnce~ed.~ ~%re is no pier. .~s is being laid
on the basis that-~there sh~ll~.be no ~pi~1~ and if there w~re a pier it
would take a different kind of la~i~g 'of the pipe, It Will take two
seasons to lay tha~ outf~ll ~but o~ce that is Taid ~you will never see
it. You will see i~t tn ~he process of,-it will then 'be covered up
and you will not see~t'again~' ~. ~he~n~ce 1~rt about this system is
that you are not called upon to pay any assessment per front foot.
As you recall, a lot .has been said ~B,out. front foot assessment over
the last eight months, but I want t~-~asS~re you' right at this time
that there is no Charge as the sewer pipe goes by your vacant lot.
~here is no charge- as the sewer pipe .g~es '~y your residence.. Vhen
that sewer becomes operat/ve, you.will~hurrid'ly, connect on I'm sure
for the advantages you will get, and you will go to your private
plumber., a plumber'of yourown choice, ~ho-will' connect your septic
tank to the.proper connection in the sewer pipe. You will pay for
that, whatever your deal is. ~he' City is no part of that. I
stand ~that the cost on the average runs in the -neighborhood of $3.00
a foot, that's all comprehensive. It will be a big development and
it will in time be a money maker for Delray. A tax payer for Delray,
because it is being built large enough to take care of~amy future ex-
pansion of Delray and it can handle anything that can be produced by
Ocean Ridge, Briney Breezes, Gulfstream and anything that can be
handled out in the fa~'area of the City. If the people have the
money to put to it they can build that; We will reimburse them out
cf their service char~es so it won,t cost Delray anything and it
would probably take between" seven and eight years to pay that back,
and then that will all be clear p~ofit $o Delta2 in the future, and
should be a helper on taXes come ten yea~rs from now. I may not be
around ~to see that, .but nevertheless' those that do remember what we
predicted h~re tonight; It's a','good solid Program. we have a good
Fiscal Agent ~who understands our needS, and'i again Want tO.assure Mr.
Warren that t~e moneys received on the Utility 'tax is only pledged as
collateral. ?hat' the intereSt'and retirement and service of these
bonds for which the utility tax'is collateral,., that comes out of the
water and sewer revenue.. Upon that I want to compliment Mr. Woodard
because wher~e he very modestly ~said' it was $?,000;00 a year that it
saved, it' saves almost $400,000.00 in interest. That is a big saving
over the *thirty year pert~od. There has been so much talk about
utility tax that Woody was brave enough, to pur~Ue it and.b~ing it
through to a successful conclusion, and I am sure the people will be
very greatful to him for that. If you hear anyone say that there is
going' tO be charges in connection with the sewer, let me reiterate
that the only charge to any citizen in Delray where the sewer pipe
passes *h~s home, the :only charge there will *be no increased taxes,
there is nothin~ connected w~th the* sewer that comes,* out of taxes---
the only .c,t~arge that ~ou will*~have .will be connecting 2our septic tank,
by private ~lumber, to ~the pipe and then you will pay *the same* servlce
charge ~hat ~the Cl*ty had planned wtth'.the SlUdge *Plant. The *rate is*
exactly the same as the previous Council had set. We are taking a big
step tonight fbl~cs, and I think we ~re going ~to ts'ko *it unanimously."
City Manaser Smitzes asked to hear 'the motion concerning proceed-
ing ~wlth the *sewer outfall system, after which Mr. Woo'dard reworded
his motion as follows~ "I so move that the City authorize the Fiscal
igents to proceed with Plan O as proposed to us in the *-amount of
3,100,-000.O0 for an 0utfalZ Sewer 8ys'%em." The motion was seconded
y Mr. ~v~y and una'ni'moUsly ca, tried.
Ma,yor~' Dietz announced that if the time table is met, construction
could be start'ed in 'April, 196~3 of this project, and due consideration
would be given in. order that the streets-' would not be all torn up durinj
the tourist season.**
*6:e. SupplementS' COncerning Ocean Ridge zoning of certain City owned
property in Ocean ,Ridge~, C.l~y· Manager':~Sm~,~tzes read the following
cerpt from April 23, 1962 C~ounc'tl
"Mr. Avery moved that the Council*be instructed to-execute an
agreement to a stipulation orlginat~ed by. Ocean Ridge that an
appeal instituted by Ocean 'R~dge be dismi'ssed, further that
?-~-6~
July 9, 1962
mandamus action before court also be diaraissed per verbal
agreement inclUding 'zoning change. ,T~e motion was seconded
by M~r. Woodard and Carried unanimouslY."
The City Manager stated that pursuant to that action the City
made application for a zoning change to the 2own of Ocean~ Ridge and
such change was forthcoming from said town in the form of an R-4
Multiple Family Dwelling District. The City Manager then read the
following letter from Ocean Ridge, dated June 25, 1962, clarifying
that cooperative type multiple family dwellings would Se Permitte~
in said R-4 district.
"Re~. Z.o~ni.ng Lot 14. ,Pa, lin. B. each Shore Ac. res.
"This is to assure the City of Delray Beach, or any of its
assigns, that cooperative type,"multi-family type units are
pez~nitted in the classification
'R-4 Multiple Family Dwelling
Dlstrict~
as your property has been so rezoned.
"Thank you for your cooperation, and trust this mat.tar may
be closed out in the very near future."
~. Avery moved that pursuant to the recommendati~'n of the City
Attorney, ;irc Burns be informed that the Council consider the terms
of the agreement having been complied with. The motion was seconded
by Mr. Warren and carried unanimously.
Mr. Warren suggested that a more realistic price for said Ocean
Ridge property Se proposed as a figure of. $100,000.00 had been sug-
gested at a previous counci~ meeting. A figure of $85,000.00 wa~
~'~hen mentioned. Mayor Dietz stated that any offer tha~ is a good
~v~bstantial offer, he-felt, would receive extreme scrutiny from the'
c uuncil.
7.a. City Clerk Wo~thing informed the Council that a petition had been
roceived from the owners ~of Lets 4 thru 1~, Block 73~ requesting
classification of~said lan~s from R-2 to 0~2 Zoning District.
The City Clerk then read the following Planning Bsard Rep_crt
dated June ~20, 1962, cencern~mg~ t~e ZOning of BloCk 731,
"The Planning and Zoning Board met yesterday in special meeting
to discuss and. review~ Conditions 'in Block 73 in Which Block the
new post office is located. This same subject has been discussed
informally at Several~,of our recent meetings.
"It is noticeable that a p~l~anned development in this area is
visibly more im~or~amt thai. ever to establish a maximum parking
area and to make certain that all buildings are estabIiShed ~with
as much open space for par~ing as possible. The original plans
for the development of t~zis property~ubmitted to the Board ap-
peared to accomplish this.
"The continuation off.the s~lit zoning in this Block, and the
subsequent posaibility'.of bPeaking down the remainder of the
proper~y lnto~ small ~diwidual Parcels containing individual
buildings would, we feel, overcrowd this area and result in
considerable confusion. Should this condition occur it would
g~eatly reduce open mass packing, tend to create an unsightly
Block, ~a~d, in general crea~ a situation not in the beSt in-
terest of the city.
"Therefore the Board wishes to reef ire to the Council the re-
commendations made to the Council by Mr. James I. 8irnks, Vice
Chairman. in a i~tter dated Jmne 6, 1961, and specifically
outlined in paragraph 3. ~This was tmanimously approved'by
all seven members of the Board."
Mr. Avery moved that the report of the Plarzaing Board ~be accepted
and approved, the motion being weconded by Mr. Warren and unamimously
carried.
-5- 7-9-62
164.
July 9, 1962
City Clerk Worthing ~hen read ORDINANCE NO. G-4~0.
AN ORDINANUE.OF THE CI~ ~O~CIL 0F T~
0F DE~Y ~0H, F~RIDA, ~ONIN6 A~ ~GING
~TS 4 THROUGH ~1~, INCL~I-~, BL00K 73, ~Y
B~0H, F~RI~-, IN "~-~ 9~E~L CO~ROIAL
DISTRICT," A~ A~NDING ZONING ~P OF DE~Y
B~OH., FL0~, 1960".
.o~t~st ~eadtng
Omdin~ce No. G-~50 was un~imously Dlaced on motion by ~.
Warren ~d seconded by ~. Wooded.
7.b. Concernln~ perkin~ on No~th and South Federal Hi,ways in ~lra~
Beach, ~i~y ClePk Wo~n~ ~ead ~e followin~ lettem ~itten to the
Cit~ Manager on June 21st by l~. Rex M. l~itton of the U. S.
ment of Oomeroe.
'~oum lette~ of June i Dresents a ~eques,t fo~ the Bureau of
~blic Roads to 9emit D~kinE on bo.~. sides of North ~d South
Fifth and Sixth Avenues heine used .as a o~-wey couplet fo~ U.S.
i traffic In Delrey Beech, Florida.
"The State Read D~tment of Florida Dmo~ose~ and th~ B~eau
of Public Roads approved the !~rovement of Fifth ~d Sixth
Avenues with Fedemal-aid f~ds matched by funds ~dem the
control of the State, and the work wes co~le~ed abo.~t a yeam
~6o.
"Bureau of Public Roads division en~in~e~, I~. J. S. Oall, has
Ju~lsdiction of ~t%ers pertaininE to the participation of
Federal-~id f~ds in h$~way i~rovements In Florida. We a~e,
accomdin~y, forwaPdin6 ~o~, le~te~ tO ~. ~all with a request
that he advise ~ou .concemninE the D~oDosal to ~e~t
8.a. The CltF Clerk mead ~OL~ION NO'] ~03.
A ~OL~ION OF ~E CI~ CO~CIL OF ~E
OF DEL~Y B~CH, F~RIDA, ASS~SING 00S~ FOR
ABATI~ ~SANOES ~ON OERTAIN ~ ~CATED
~WI~IN SAID CI~; SET~N~ O~ AOT~L~0OSTS IN-
~ ~ 8A~ CI~ T0 AOCO~I~H $~H ABAT~T
AND ~ING ~ COST 0F SUCH A~T~ 0F SAID -
N~SANCES, A~ D~RING SAiD'~ TO BE A
~ON SAID PRO~R~ IN AN A~O~ AS SHO~ ~ RE-
PORT ,OF T~ OI~ ~NA~ER 0P DE~Y B~CH, FLORIDA.
(Copy of Resolution No. ~03 is attached to ~d made a
of the official cody of these ~nutes.)
See 166E ~d 166F
Resolution No. ~03 w~s~ ~a~mously Dassed and adoDted on motion
b~ ~, Avery and seconded b~ }~.
8.b. ~oncernin~ Ordinance No. ~-~1, ~rovidin6 for the ~ezonin6 of
certain lands, ~. Avemy stated that s~nce the ~arties did not
the a6reement as ~equested b~ the 0ouncil, he would move that Omdi,
nance No. ~-~1 be tabled indefin~tely. In second,nE the motion
Wooda~d requested that the Oit~ Attomney contact ~. Persifo~ F~azem,
IV, concemnl~ this ,in omde~ that he ~. f~i11 ~ ebli6atio~ he
cares to in. ~e~a~:~.to ~s matte~., ~, Avery accepted the ~ndment
and the motion o6~mted unanimousl~.
8.c. Conce~nin6 ~equest rom ~Re~m!ssive use of lands described In
Omdinance No. G-~I, ~. Ave~ ~o~ed that said request be tabled in-
definitely. The motion was seconded by ~. Warren end carried ~anl-
'3,d. 01t~ Clemk Wo~thin6 read O~I~ANOE N0. ~-~51, ap~rovat of which
~as un~mousl~ agmeed ~on.by 'C~uncil on June 25th.
AN O~INANCE OF T~ CI~ 0F D~Y B~CH,
FLORIDA, A}~NDI~ SECTION 29-4 (~F), O~PTER
29, CODE OF ORDINAI~ES 0~ T~ CI~ OF DE~Y
B~CH, FLORIDA, P~TAININ6 TO ~E I~NI~,~
A~G~ATE FLOOR A~S REQ~D IN T~ R-~AAB
ZONING DISTRICT. -6- 7-9-62
July 9, 1962
Ordinance No. G-451 was unanimously placed on first reading on
motion by Mr. Woodard and seconded by I~. Avery.
8.e. The City Clerk read ORDINANCE NO. G-452.
AN ORDINANCE OF THE CITY OF DELRA¥ BEACH,
FLORIDA, AMENDING SUBSECTION 5, SEG~ION
29-2, CHAPTER 29, CODE 0F ORDINANOE~ OF
THE CITY OF DELP~Y BE~¢H, FLORZDA,' PER-
TAINING TO THE ZONING OLASSIPICATION OF
PROPERTY AN~REXED TO THIS CITY.
Ordinance ~0. G-4~2 was unanimously placed on first reading on
motion by Mr. Warren and seconded by }ir. Woodard.
X. Kr. Woodard stated that he had received inquiries as to when the
N. E, 8th Street Intracoastal Waterway bridge would be reopened for
use and upon investigation he had been told that it would be open
Tuesday evening, July 10th.
10.a. City Manager Smit.zes presented Bills for Approval as follows:
Water Fund - Operating Fund
The bills were unanimously ordered paid on motion by ;~r. Woodard
and seconded by Mr. Avery.
The meeting adjourned at 8:55 P.M. on motion by Mr. Avery and
seconded by Mr. Woodard.
City Clerk
APPROVED:
MAYOR
-7- 7-9-62
Jo~
WellbroCk Delray Beach, Fla. Wellb~ock
Char[~sT,~Olff ~in Lakes Lot 1,1ess
SO. Salem, M. Y, 100', Blk. 130
~o~ C, · Carlotta B. 906 N.E. ~d Ave. Lo~ 2, less
Wellbrock & S~uel E~ & Delra~ Beach~ Fla~.,: 100', Blk. 130
Shirley 0,Neai
Garner ~elra~ Beach, Fla,
S~uel E. & Shirley ~06 N.E, ~ Ave. ~t 7~ Blk, 138
0 'Neal Delray~ ~aCh,
JUa~ta H. Brl~se , 30 Le~O~e Par~ay L:ots 2 ~
Flagle~ ~k Park~ Ill. Seagate "A"
Delra~ BeaCh~a.. Seagate "A"
Jones ~!~ Shore~ 50~..Fla~ BIM~ 53
Alf, H.. & Borghild M. 1512 S.~. Argyl Dr. S~.7' of ~t 13,
Helgesen Ft. La~erdale, Fla. '~ta: 1~, l~ & 16,
Delray Baa.eh, F1a. ~ 2X'~ les~8~ o~
Adelheid Sc~d~ '~i ~lltOn Place
Rescale Pa~k, N.J. Block 63
Harry A, '~ Genevieve ~22 ~adsw°rth S~. ~ts 1~ &
T, Taylor '~ac~e' N, Y~ Bleck
Rober~ C. & IVy M. 1557 Lake~ore Roa~ ~t
Ha~od ~ Brach, Toronto, Block ~3
Canada
Alex Taylor ~11 ChUrch St,~m~2~. Lot 19,
~wa~sville,. ~e~eck~ Block 55
c~a~
~a~ A.& Roz'~la Ca,lin t~ ~ Ave, ~o~th Yacht Part
Bl~ton~ .~. Y, of ~00' o~ S200,
of Block 56 (11)
Carl R. Bro~ ..... ~X.7~6 · " Lot'~l & N~i, 'Of
~o~t°n Beach~FXa, Lot Z, Blk. 75
.Delray Beac~ ~a~ .Of ~t
Seestedt-Stevens
~yce & Albe?t Husa XO2. N$~ SWinton ~Ave. S6 50' Of ~t
Delra2'Beadh~ ~a~ Block 60
Je~C. & Havelock A. 945 Hibiscus ~ne ~ta 1 & ~,
~bbard · ~ry ~ & pelray Beach, Fla. Bleak 61
~eth
~te~at~caal Chimer 0o~2804 ;~In St. ~ts 3 & 4~
~os.A; ~ ~reee ~, S~hut~ B~falO 14, N, Y. Block ~1
¢ON*T ~age 2
CITY
C. ~n B~ep & %701 ~effepsOn Ave. Lots I & 6,Blk.1,
~rdrives Of ~lpay, .P.0e ~x ~3~ ~ts 2, 3, ~ & 5,
Inc. Delra2'Beach, ~a. Blk. 1 & ~ts 5 &
Colonial HeiSts
C.Edwin Br~ne~ 5~01 Jefferson Ave. ~ts I & 2, Blk. 2,
~ansv~lle~ ~nd. ' Colonial Heights
L. B. &Vera Lee Cupns ~701 ~e'fferson Ave. Lots 3 & ~
Evansville~ ~d. Colonlal
Suppl2 .C~p~2 North ~i~-'Beach, Fla. ~loOk 3, '
Colonial Heights
Submitted to the City ~en~eil by. the City
Manager this 9th day of ~u12, 1962
RESOLUTION N0o1405
A RESOLUTION OP THE CITY COUNCIL OF THE CITY
OFDEL~AYBEACH, FLORIDA, OP~DF~ING THE ~PEN,
ING, ORADINO AND'pAVING OF THE.NORTH~S0~TH '
ALLEY IN BLOCK 73 PIAT BOOK 12, 'PA~E'62,LESS
THE"NOR~H I~3~'FF~ THEP~EOF. TO A WIDTH OF
SIXTEEN (16) FEET, '
~WHEREAS, the City Council of the~lty of Delray Beach,
Florida, dld~.on the 9th~day of. J21y, 1962' adopt'Resolution No,
23404 orderin~ the City Manager to prepare' plans and specific,''.
atIons, together W~th estimate of cost of opening, grading
psving the North-'South Alley in Block ?3, less the North
feet thereof .to a"w[dth of sixteen (16) feet~ and
said plsans, sp~cifications and estimate of cost of such
ment to be placed on file in the Office of the City Mana~e~, and
WHF~EAS, the City Council deems it to be neoessa!~ for
the safety and convenience of the ~ublic to open, grade and pave
saia public
NOW, T~ERE~O~, B~ IT RBSOLVF~D by the City Council of
the City of DelrayBeach,~'Fl'orida, that it is determined to
make the followi~ described Improvement, to-wit~
To Open, ~rade and Pave the North-South
Alley in Block 73, less the North
feet thereof to a width of Sixteen (16)
feet, the total cost, a9 estimated,
ouch improvement being
BE IT FU~t?HE~ RESOLVED that the entire coat of such
improvement shall be shared by the City of Delray Beach, Florida,
and the following described properties in Delray Beach,. Palm
Beach County, Florida, on a basis of the City of Del~ ~each
paying fortF (~0) per cent of the cost of said improvement and
the abuttl~n6 property iowners, said properties shown below, pay-
ing sixty (60) per cent of said total cost, by special assessment.
BLOCK_ ~OT
Block.?3 3curb 36~ of lot 3,all of
Lots ~5,6~7,~,9~10, 11,-12,
13,14,15,16,17,18,19,20 &
South 29~ of Lot 21,
Block 73 North ~ of Lot 21 & South
36' Of Lot 22.
said benefits to be determined and prorated according to the
front footage of the respective properties as set forth Lmmedi-
ately above.
BE IT FURTRER RESOLVED that said special assessments
against all the parcels of lands as set forth above which are
specially benefited, shall be and remain liens superior in
dignity to all other liens, except 1.lens for taxes, until paid,
from the date of the assessment upon the respective lots and
parcels of land assessed, and which shall bear interest at the
rate o~ 9ight. (8) pe~ cent per annum, and which may be paid on
three (3) equal yearly installments with accrued interest on
all deferred ~ayments. Payment shall be made at the same place
that taxes parable to the City of Delray Beach, Florida, are
paid, namely the office of the City Tax Collector, and upon
fallume-of any property.owner.to pay the annual installment due,
or any part thereof, or any annual interest upon deferred pay-
ments, the City of Delray Beach may. bring necessary legal pro-
ceedings by a Bill in Chancery to.enforce payment thereof with
all accrued interest, together with all legal cost incurred,
?
including a ~e~sOnab~e at.torney'a' f~eo, The total amount of any
lien may'be paidiB, full ~t any~ time with interest from the date
of aaseesment,'
-~T ZS O~E~ED that the Cit~ Council shall ~it at the
City.Hall in the ~ity of Delray Beach, Florida, at §:O0 P.M.,
on the 23rd day of JulY, 1962, for t~e~purpose .of hearing
objections, if amy, cn said p~opesed flup~ovement, aa set forth
abovee.
PASSES AND ADOPTED by"the Cit2 Council ~of the. City of
Delray Beach, Florida, on
Walter Dietz
N,AYOB
ATTEST:
/s/ R. D. We~thing
RESOLUTION NO, 1~O3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL.~AY
BEAOH, PLORIDA, ASSESSING COSTS FOR ABATIN~ NUI~ANCTM
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY~ SETTING
oUT ~Ac~N~ cos~s~ ,INCmUmD~ ~.~ ~.$.ITY TO ACCOm~lsa.
0~ ~A~ KGI~ANCE~, AND D~E~NG SA~ ~
~S, .the City Co,et.1 .~f .Yhe Cit~ of Del~au' Beaoh~
' and/~re.gUlar ses. si~n held on the March 26,' 19~2
~ce' Up~E~'e~talh lots oP.p~ce~' ~f l~d, desemi, bed in a list sub~
~tted to them, for violation ~f ~e provisions of 0~din~ee
~S, p~su~t to such declaration, ~e ~l~ Clerk of said
City did f~ish each of the respective e~ers of the lands described
In said list. wi~ a ne.~ice describing ~e ~t~e of ~e nuis~oe and
that they ~st abate said nuis~ce wi~ t~rty (30) days, failing
in which the City Council would have it d~ne, ~d the cost thereof
woul~ be levied as .an~assessment aga~st sala p~oDe~%y;
~, the o~e~s herei~ter n~ed did fail ~d neglect to
abate ~he nuisance e~s'~i~ upon ~e~ respective l~ds Within the
ti~ prescribed in said notice ~d 0~din~ee G-~7, ~ the City of
De~ay Beach was mequi~ed to and did enter upon the following l~ds
a~ incur costs in abating ~e nuisance e~a.~i~ ~ePeon as described
in'the ~OPesaid lists ~d
~, the City M~aEer of the Ci~ of Delmay Beaeh~ has, pur-
suit to said Ordin~e G-~ ~d t~ City ~teP su~tted t~ the
City Oo~il a report of t~ costs incited In aba~i~ the nui~ce
as ~o~esaid, said repo~t lndleati~ ~e coats pe~
inv o lv · d,
NOW, T~O~, ~ IT ~OL~D ~ THE OI~ 00~OIL
1. That asseas~nts in t~ individual ~o~ts as
rep~t of ~e Otty M~a~er of l~e .city ~f Delray Beach, invelvi~
0ity~s cost of abat~ t~ ~esaid nuis~oes upon ~e lots .or p~-
cels of '1~ described ~ said ~epo~t, a copy of .w~i~ ,is attached
he~eto ~d ~de a p~t he, eof, ~e levied aga~t the p~oels ~ land
described on Said ~eport ~d In ~e ~o~ts ~dioa.ted thereon. Said
assessments so levied Shall bg a lien ~0n' the ~apeetive
lots and p~cels of land described in said ~eport, of ~e sa~e
nature and to the S~ extent es ~e lien fo~ general city taxes and
shall :be 'collectible ~::~e s~e ~er and with the s'~e penalties
and ~dem the a~e p~ovisions as to sale ~d foreclos~e as city taxes
are collectible.
2. ~at the Ci~ 01erk of said City shall, as soon as possible
after the effective date, record a certified copy of this resolution
in the office of ~e C~rk of the Ci~uit Co~t In ~d fo~ Palm Beach
County, Florida, ~d shall furnish to each of the
upon said report a notice .t~t$~e ~6~ O~l~ ~lci o%,t~%6~ of Delray
Beach, did, on the March 26, an~Aprll
order ~e abatement' o~ a certain' nu~%~ce ~sting oY"the~' descr'ib~8
property ~d property o~em ~ving failed to abate such nuisance,
within ~e 30 day peri~, w~reupon it was abated by the City at costs
sho~ in said report ~ such assesa~nts shall be legal, valid
binding obligatl~s ~on the property against which said assessments
a~e levied. This resolution shall beene effective 30 days from the
date of adoption, ~d the assessments contained herein shall become
due and payable t~rty days ~ter the ~iling date of the notice of
said assessment, ~te~ which interest sh~l ace,s at the ~ate of 6%
per a~ on a~ unpaid portion t~reof.
A.D. 1~62
/s/ R. D.Worthing
19,31.
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