07-23-62 18i
A regular meeting of the City Council of Delray Beach was held
in the Council OhambersI at 8:00 P.M., with Mayor Walter Dietz in the
Chair, City Manager Robert J. Holland, City Attorney John Ross Adam~
~d Councilmen A1 C. Avery, George V. Warren and Oliver W. Woodard,,
~r., being present,
17 An opening prayer was delivered by Reverend Glen A. Hargrave!
2ir. Woodard moved that the Council Minutes for July 2nd and
ly 9th be approved as sub~mltted to Council. The motion was secon~ed
~ Mr.. Avery and carried unanimously.
: Regarding' *he minutes of the Special Meeting of July 12th, Mr.
W~odard moved that the word 'active' where referring to the City
Manager be replaced by the word ,acting, in this manner correcting
~he mis-statement in the minutes, and that said minutes be approved
~th that correction. The motion was seconded by Fr. Warren and ~p. on
~all of roll, ~ir. Avery, Mr. Warren and ~r. Woodard voted in favor"of
the motion and 1.~yor Dietz abstained from voting.
3. F~r. Paul Herig, a local resident, referred to the parking con-
ditio~$~ of the ice trucks on N. E. 2nd Street, stating that he had
numerems occasions to use said street as his office is located in
the vieinit2, and the manner in which the trucks are permitted to
park to load and unload he feels is in violation of the law. The
trucks are so parked that it places all foot travel, onthe ~lde of
the street whets the ice plant is located, out into the opposite
lane of traffic which subjects them to traffic from both lanes, and
is very hazardous. Fr. Herig stated that he had previously brought
this to the. attention of the Police~.Department and a member of the
Council, f~rther that he had almost been involved in an accident
there today'due to such pa~king 'conditions, and hopes that the Council
will be able to correct this situation.
~ollowing comments on this situation, Fr. Avery moved~ that the
City Manager be directed to give this his attention and bring to the
Cauncil a practical solution f~or this very dangerous situation that
exists there. The motion was seconded by M~. Woodard and carried
unanimous ly.
4. Mr. Warren r.ead the following Beautification Committee Meeting
minutes cC July 19th, 1962, and stated that the landscaping of the
lawn bowling area would be done from a thousand dollar donation made
last yea~ by a citizen.
"On motion by Mrs. Little, seconded by Mrs. Bowe~, the
resignation of Paul Knowles from the Committee was accepted
with the greatest regrets.
"On motion by Mr. Galinat~ seconded b~ Mr. Lankton, the
resignation of Mrs. Brit~- lk,~m the Oommittee was accepted
with the greatest regrets.
"Mr. Cartee was complimented on the work being done at the
Tenth ~treet boat landing. Mr. Ellingsworth indicated that
the Humble Oil Company, who is building a service station
north of the landing, had been requested and agreed to
landscape their property.
"After considering two plans submitted for landscaping the
lawn bowling area, a motion was made by Fr. Lankton, seconded
by Mrs. Galinat, that the plan of cart Nursery be accepted.
MOtion carried ."
Concerning the resignation of ~r. Paul Knowles and Mrs. Lora Britt
from the Beautification Committee, ~ir. Avery moVed that the Council
give a letter of appreciation to these two people for their wonderful
sex'vice to the City. The motion was seconded by Mr. Woodard and
carried unanimously. . 7,.23-62
July 23, 1962
4.a. A roll call showed that the following organizations and repre-
sentatives were in attendance~
Beta Sigma Phi }irs. O. W. Woodard, Jr.
League of Women Voters M~s. Frank lCarey &' three members.
Bus/ness.& Pro£esslonal .~
Women's Club Miss Adeline Graham
Board of Realtors H. Ben Adams
Seagrape. Garden 01ub ~s. James Bowen
DelraY Beach Civic League 'Joseph Baldwin, Jr-.
Kiwanis Club Col. Andrew L. Fabens.
5. City Clerk Worthing read ~a telegram to Mayor Dietz, dated July
13th from F~r. Walter X. Lennox, Port .Huron, Michigan and, a letter from
Mr. John K. Glessner of. Delray Beach, dated July 21, 1962.~'
6.a. City Manager Holland presented an application for Beer and Wine
License, consumption on .the prem~Ses, from' Mr. Daniel Price, i~ con-
Junction with a tavern which he intends to open at 70~ West Atlantic
A. venue and to be k~own as Atlantic Drive~Xn, and sta~ed 'that~t~e
usual investigation of the applicant ha~ been made and~ approval', ~iven
b~ the Chief of Police. ~Baid application was .unar~imously approved~n
motion by Mr. Warren and seconded by Mr.~WOodard.
6.b. Concerning report of Committee on Recreational Needs in the-West
sector, City Manager Holland stated that this item was submitted te
clarify the Co.uncll!'s intent aa to whether the $63,000.00 which Was
earmarked at July 19th Special Meeting was the figure, a~d if it~ was
Council intention to ask for commitments ~£~rom the various Architects?
The 0ity Manager further stated that it was not clea~ ~whether he was
to budget ~ur~er, and to determine whether the amoun~ budgeted was
it, and if ~.it was the wishes of'the Council that things be gotten into
shape as far as a building program ~as concerned.
, Followi~n~ discussion, Mr. Avery~move~ that this. Committee Report
be re£erred to the Planning-Zoning Bo~u~d for rev~e~ and corm~e~ ~here-
on. ~he motion was seconded by Mr. Warren and car~£ed ~nanimously.
Following further discussion, Mr. Avery moved that the City
Manage~..~be.directed to contact ~he ~tist of Arohitects as sub~it~ted
Council,~ setting forth the scope of this ~ob and~'inviting a~ Interview
with them to ~iscuss their thoughts on th~ .proJect~ ~he motion was
seconded by Mr. ~oodard and unanimously ca~r~d~
~ayor Dietz explained to the audience that this is following~ a
normal ~o~e.~ ~re, and ~the reason'~that the'City ~anager ~roug~bt i~ up
at this ~t~e is that he wants it absolutely cleaP ~t~t he is no~ making
any prc~ision in the budget fo~ th~s particula~ project. ~at this
project will get started with the $63,000.00 tha~' had been set aside
for the North Beach i~rovement and t~t said money will be used for
the beginning ~ co~st~uction of a Co,unit2 ~ente~ In the Westside,
~d ~ ~he o~ly p~ovisions tha~ the 0i~2' ~r~ ~0~ld make in the
budget wo~d be for maintenance and operatl~on. ~t w~s made ~o~
the ~aite selected for this project is a~ fifteen acre tract ~outh of
the Ca~ver Ri~ ~achool ~ ~at~the Hl~ S~OO~?~ld be utilized
in conj~c~l~on ~with ~the Rec~tl~on C~er~.'~ ~ay~z .s~ated that' he
~o~t a lot of progress had been made on~s ~ec~t~ l~ the short
time Since it had first been mentioned t~ the Council.
6.c. The City. Mameger ~resented a ~W Nuisances
e~sting i~ vt~a~ of ~Chapte~
that had been fu~ed by the~Fire
It was moved by 2~. Warren, seconded ~. ~O~ard and unani-
mously carrie~ tp~ direct ~e City C~le~k ~o~A~ly~th0P~tnan~e No.
G-388 a~pp~Xicable ~o this Nuisance su~ey~eport~~ ~
(C~2~ .of N~isa~ce survey~ep~ert is~'~a~t~aChed to. ~made a
~pa~t ~f the official c~py of these ~tes.)
See Pa~es 190 D & 190 E
6.d. ~erning~ request ~or authorization~t~ transfer certain funds,
0itY MA~ger Holl~d co~ented as follows.
-2- ~. ~,23~6~
July 23, 1962
"On May 2~, 196Z the City Council awarded, ,~ontract' ko ~renk C,
BroWn&'C~any fo~ eale~y stU'vey ~w~th the~ f~ds, to be t~ken
from the ~nep~ ~d a~ ~e ~ater F~d in direct pro~ortion
of the .~t~es involved,
"R~quest .iS: he'by ~de. for the Co~ci'l te a~orime t~ansrer
of funds as foll,~:
"From Gene~ ~ O0mtl~nt ascot to 'Cl~ CO--il
No. 910 111 320, $~,85'3.~ ~ f~ Water ~d Continent
account to 91% ~0 3~0, ~87,00.
."~e ratio used in determini~ the breakdo~ o~ cost of the
s~vey la the ratio betw~n General Fund and Wate~ F~d gross
salaries for ~e qu~te~ endi~ ~e 30, 196~."
~. Woodard moved ~at f~S Be ~anSfermed as indicated, the
~otion bei~ seceded by I.~. Avery ~d u~ously carrie~,
~.e. Concerning execution of an e~ineering c~traot fo~ a new wate~
Supply well, City En~ne~ ~k Fle~ng eo~ented as follows: "~e
h$ve in the budget ~s ye~ ~ ~ount for the construction of a new
~ell~ This well as designed originally is a p~tIom of the N~
Water Plant ~ S~ ~ Gi~espte lm t~ oriel desi~ ~ was
to be const~cted ~til such t~e. as it was needed. We also ~e re-
q~esting ~ne for the c~g budget ye~. In as ~ch as S~th &
Gillespie had made ~e d~si~ ~d ~d in ~eir files the logs of the
wells, the drilling ~d the. t~e of ~ul~t s~ that i$ can be
standardized, ~ ~e ~re o~ '~ss.resPonsible fo~ the 'e.ther desi~
of the .North Pl~t, I reco~ed..~hat ~ey be p~tted to/write the
specificatio~ for this well."
~. Ave~ stated ~ 2~s item was ~f special inte~st to
Councl~an Talbot, and since, he is nos in to~ at this time, moved
that this item be tabled ~ll ~. Talbot c~ return. ~e motion was
seceded by ~. Warren ~d 'car~l~
6.f. Concerning ~ovemen~ of ~ of N. W. 9th Stmeet, City Engineer
Fle~ng co~ented as foll~S: The Co,oil originally ~equested that
a p~.rtion of N. W. 9th Street, extending fr~ Swinton Avenue to ~4est
2nd Avenue, be ~dened ~d i~roved. It is o~ intention to continue
that widening for ~other two blocks, however, there was s~e dissen-
tion ~ong the adJoin~g proper~ ~rs as to w~eh side it would be
widened from. ~e then City Manager, ~. S~tzes decided that in view
of this disagreement, he would hold off the widening of ~e additional
width for another year an~ merely patch up the area In question ~til
we could come to s~e decision on t~ matter."
~. Aver2 i~ormed the Co~cil that some of ~e residents are
very desirous that t-his street be widened ~d that some of the parents
in that area ~e not concerned as ~ch wi~ the widening of ~e street
as they are ~ ~e fact t~t the street is a speedway' and their con-
cern is of the we~e and s~ety of their children. ~. Ave~ then
m~ed that ~e City M~ager be directed to conduct a study, both for
N. W. 9th Street and N.. W, ~11~ Street, as to how best the Council can
provide the streets ~t the residents desire ~d at the' s~e time
putting into effect a propem tr~fic control. The motiOn~as seconded
by ~. Warren ~d carried ~uSly.
6.g. City M~ager Holl~d sub, trod ~e follo~ng t~ee proposed
Assessment Rolls covering projects previously authorized and which
have now been co~leted and total costs dete~mined.
1. Improvement of that p~t of N. ~. 1st Avenue ru~i~
approximately 475' no~t~ard from N. W. 9th Street.
2. I~ovement of the north-sou~ alley lying Between Lots
19 t~u ~y and Lots 28 thru 36 in Hallem'a Grootm~,s S~.
3.I~rov~nt-of ~at part of S. W. 9th Court lying between
6th ~d 'Sth AVenues.
· (Copy of Assessment ~o~s ~e attached to ~d made a p~t ~f
the official copy of t~se ~nutes.) see 212 G, 212 I a~
-3- 7-23-62
184.
July 2 3, 1962
~.LV. Avery moved that the three ASsessment Rolls be approved, the
motion being seconded by Mr. Warren' a~d unanimously carried.
6.h. Supplemental. City Clerk Worthing read th~ following letter
dated July 20, 1962 and signed by.~l~. LeRoy Croft and H. Ben Adams,
members of the Palm Beach ResoUrces Development Board.
"We have been as',~ed to recommend a member to the Palm Beach
County Resources Development Board tO fill the office vacated
by Mr. Ewing.
"We would like to' recommend Hr. Harry Gerqu~ist to fill this
v ac ahoy. I!
M~. Woodard moved to accept ,the recommendation of the Board Members
and appoint Mr. Harry Gerquist to this position. The motion was sec-
onded.by ~. AVery and carried unanimously.
?.a. Regarding petition for reassignment of the City Dock Lease, it
was made Icnown that this Council had previously approved assighraent
of the' lease between the City of Die,ray ~Beach and Jarman 0. Smith and
his wife for. Operation of the Ci'tY~'Do~'ks. tO My. Lawrence J. Plym.
Attorney'.John MOore, for technical a~"~gai purp~s ~no.w desires
Council' approval for reassignment of le~.~Se& 'preVlO~uSty ...approved, to
said Mr.. PI~Wa to P!ym OccuPant, a newly~lformed c0~q~6raticH] Mayor
Dletz state~ .that ~ has be*~ound
in the Assignment, ~f Lease ~o th® PlYm"comPa~2 in adldl!ti-on to the
conditions contained in the Assignment of ?.ease from sarman C. Smith
and wife to Lawrence J. Plym, and that 'he did not approve of any
changes in said-conditions of as'Signment.
Following discussion. }~. Woodard moved that the Assignment of
Lease be executed, per Council's original a~eement. The motion was
seconded by Hr. Avery 'ar~ upon call Of ~o11~' ~. Avery, Mayo~ Dietz
and ~-~ W~edard voted ~ favoP of' ~e motio~ and ~. Warren abstained
from Voting.
M~. Woodard then ~ked.,~t~ City ~ttorney Ad~ mead the clause
tha~ woul~ be deleted from %he .AsSig~ent'of Lease.and the .City
Attorney read as follows 'a~ does further waive any breach of
covenant in so far as the pa~ent of ~ast mentals is concerned~-.
7.b. City M~ager Eell~d presented a r~t f~om Attorney Jo~ Moore,
on behalf of ~. La~ence J. Piym~, fcr"~m~Ss~Fe~ use~ of lands adja-
cent to ~d_East of~e.I~r~cg~al'W~:~wa~fb~boat dock rental ,
~u~o.ses an~ reco~end'e~ tAa~ ~-x'q, pe$1~i:O~ b.e,~e$~or~ed to the Pla~xng
~o~d for public hearing and recO~nd:atiOAs tHe~0n.
~. WOodard moved',tha~ this petit~0n for per~ssi~e use be ~e-
farted .to the Pt~nin~ming BOa~ fo~ fDa!r, rep~e~ati0ns. ~e
moti~on,~s seconded by'M~. W~ren a~d carPied ~imous'~.~
8.a. City Clerk Wor~i~ read ORDINATE
AN E~RGE~Y O~INANCE 0~ T~ CI~ OF DEL~Y
B~OH.. F~RIDA, A~ING CHAPTER 7
OF ~ CODE OF ORDINANCES 0~' ~S' C~T~ PERTAIN-
ING TO THE R~S A~ ~'TiONS'FOR
T~ DEL~Y B~CH '~ICIPAL B~CH.
~S, the City Council of the City of De~ay Beach, Florida,
deems it necessa~ in order to Pr0~Ote ~d insure' the safety ~d
heal~ and welfare of ~e people using the municipal beach to pro-
mulgate ce~'ain.rulea and regulations fdr the use of said beach;
NOW, ~E~O~, BE IT O~I~D BY ~ CI~ CO~CIL Or ~T~ CI~ OF
DE~AY,~B~CH,: FLORXDA, 'AS POL~i '
here~repealed, ~d Chapter 7 be and the same is hereby ~ended to
~ -4- 7-23-62
July 23, 1962
"Sec. ?-1 Rules and regulations for uae of the Municipal Beach:
"Ail persons using th~ Mur~cipal Beach within this City shall
~emply with and abide by the following rules and regulations:
"¢1) No person shall dress or ~undress on the beach except in
taking off or putting on dr-essing robes and shoes.
No person shall be dressed indecently or act indecently
or be attired in indecent apparel.
"(3) No person or group of persons shall engage in ball play-
ing of any kind except in areas provided therefor.
"(4) No person shall use loud, boisterous, or profane language.
'!{~) No person shall fish upon the municipal beach except at
such times and in such place's as. shall in no wise endanger
other persons.
"(6) No person shall throw, place or deposit on eU~.h beach any
paper, food, trash o~ other refuse, but shall deposit same
in receptacles provided therefor.
"(7) No person shall sell or ~artar an~ article or personal
property 'tangible or lnta~ble on the munlcipal~beach
except for those pers.Or~ Or~ firms e~preaslY~ licensed by
the City to operate a business on said beach.
"(8) No commercial photographer shallI take pictures upon said
'public beach except by' written pexvaission of the chief of
police.
"(9) No person shall use any portion of the' public beaches for
the purpose of assembling, where over twenty-five persons
are involved.
"(~11) No person- shall use or bring ~P .e~.the ~beach for use any
platform, trapeze bars ~r s~mila~cle~,~or gymnastic
exhibi.~ion o~ uae.
~('12) No .motor vehicie shall be ~.W~._n upon the beaches without
the. previous written consent O~f the chief of police.
"(13) No person shall bathe or swim in the ~tlantic Ocean con-
tiguous to the municipal beach naked or insufficiently
clothed to prevent in~e~/nt exposure of the per,'on.
"(14) No person who shall owr~ o~:~ in control of or in charge
of any dog shall allow Same ~o wander or stray upon the
the municipal beach.
"(15) Every person using the municipal beach shall obey the
reasonable commands of the city life guards concerning
the use of the muniei~al beach.
"(16) For 'the purposes of ~hia section, the "Municipal Beach"
shall be intended to mean all the fractional East 1/2 of
Section 16, Township 46 8, 'Range 43 E lying East of the
East curb of StaSe Road A-1-A (Ocean Bou~ evard)
Section 2. Any person who shall Violate this Ordinance, upon con-
viction thereof, shall be fined not .more than $500.00 or im~risoned in
the city Jail not exceeding sixty (60) days, or both such fine and im-
prisonmen~.
~ection 3. In the event ~n~ section, paragraph, sentence, clause,
phrase or portion of t~is Ordinance be held unconstitu$ional, invalid
or ineffective, the same shall not repeal, nullify or in any manner
affect .any other section, paragraph, sentence, ~c~t~use~o~. portion of
this 0~dinanc e.
Passed and adopted on the 23rd day of J~ly, 1962, to be effective
immediate ly. --~- 7-~3-62
July 23, 1962
Emergency Ordinance No.. G~53 was unanimously passed and adopted
on this first and final reading on motion of 2.ir. Warren and seconded
by Mr. Woo.dard.~ .. ~
Mm. Warren then moved that in order that all citizens would be
aware of the O~-dinance that it be .advertised'in the local paper in a
display-ad,~ the .motion being, seconded 'by' ~r. Avery and unanimously
c arri e d.
8.b. There being no ·objection to:~Resotution No. 1405, passed and
adopted by Council on July 9, 1962, which expressed the intent of
Council ~to provide· for~ lmprovemen~t of the North-South Alley in Block
73, and further provided for sharing of total costs thereof, and
public hearing scheduled for this evening, City Clerk Worthing read
RESOLUTION NO~ 1406.
:A .RES.OLUTION-OF THE CITYicoUNcIL 'OF ~THE CITY
OF DELRAy BEACH, FLORIDA, AUTHORIZING THE'CITY
~ANAGER TO PROCEED WITH THE OPENING, GRADING
AND PAVING OF THE NORTH-SOUTH ALLE~ IN BLOCK 73
' PLAT 'BOOK" 12,".PAGE 62,' 2~ES~ THE NORTH 143~ FEET
THEREOF .TO A WIDTH OF SIXTEEN'..(16) FEET.
WHEREAS, tho':City Council of the City. of Delray Beach, Florida,
did on the 9th day of July, '1962, by Resolution No. 140%, determine
to proceed .with. the 'opening, grading amd paving of .the.North-South
Alley in Block'?3, less 'the North' 1~3} feet thereof to 'a'width of
sixteen (16) feet.
WHEREAS, the Res.o~ti. on.providi'ng, therefor has been duly publish-
ed as required by the' City Charter, together with a notice that ob-
Jections to said i~orOvement Would be heard, and
14HERE, S, no sufficient objections have been made to such proposed
irmprovement.
NOW, TI-~REFORE.~ BE. IT RESOLVED by .the City Council of the City of
Delray Beach,. Ptorida~ -that the City Manager be. and he. is hereby in-
structed tO proceed with the opening, gradi~ng and paving of the North-
South Alley in Block 73, less the North 143~ feet thereof to a width
of .sixteen (16) feet ac.c'0rding to the plans and specifications here-
tOf'ore filed With the City Clerk, and a copy thereof filed in the
office of the City Manager and kept open for the inspection of the
public.
PASSED.:l~'.~egular session on 'this the 23rd day of.~July, 1962.
. Mr. Woodard explained that the parking situation at.the Post
Office no~ is::a..~em~or, ary situation that is awaiting the action on
this ResO'TUt~$n.· Ultimately there will be two means of ingress from
N. E. 'Ynd Avenue and that the alleyway will run directly in front of
the Post of~ce! and there will be no .parking immediately in front of
the Pes~ ~Of~%ee~as there is now, ~and ,the e~it will,be'southward on an
alley b~hi~ the Parking spa~es~ There will be thirty six parking ·
spaces South of the PoSt Office in addition to the parking West of
the Post ~0f~c e.., .The City Manager. S%ated that~ it~was..~his unders t anding
that ~e e~'~n6e, would 'be .cO~mP!~$~'pave~ ~he iengthL~f.~the blacktop
that~ ~6W .~'t.4'.'inl' the 'parkin~ ~io6' ~e& -~d-,~m., WOodard-Said that the
unp~ed er~a"~e~*~ 2nd $~E~nde~.a~d~?.~he ~$~!~ng ayea~..is to be paved at
city e_xpense~"~ ci~'~'f6~C~, But th~e~9~d~d be two entrances off of
2nd Avenue into the ~a~ki~g area~
que~t'6d t~at~Sertain:d~lll£nga ~e tal~en 'in order to deterraine .if, the
portion presently paved was in accordance wif~h City specifiaations.
~he ,,Mayc~ ,~.~id ~h~t an a~eemen~ bed been made ,wit~ .~. Had~ar~ ~o
i~ "~ ~S~e:6':i~idati~a o~ ~'t~'~ pa~:inE~e ~ to.the, spec&~icatio~
o~ ~e .~$~ o~. ~e ..alle~. $~As So~'~g .to .be p~ee~,. ~a only
fa~ as ~' th~'t Part"of ~He '~i~'fs agreement that rep.~t wo.~ld be
requi~'. '~. Fle~ng i~ormed the Oo~cil that the tests had been
~d~e~:a:n~ that por~ion does not quite 'meet~ City specif~c~ions.
-6- 7- a3-62
187
July 23, 1962
Mayor Dietz then stated that the city would share only in the
cost of that part of the alley that goes up from 3rd Street and meets
what is now the paved parking area.
Resoluti'on No. 1406 was unanimously adopted on motion by Mr.
Avery and seconded by Mr. Warren.
8.c. The City Clerk read RE~OLUTION NO. 1~07.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID
CITY: SETTING OUT ACTUAL COSTS INCURRED BY SAID
CITY TO ACC0~iPLISH SUCH ABATE~NT AND LEVYING THE
COST OF SUCH ABATE~NT OF SAID NUISANCES, AND DE-
CLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY
IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY ~'~NAGER
OF DELRAY BEACH, FLORIDA-'.
(Copy of Resolution No. 1407 is attached to and made a
part of the official copy of these minutes.)
See 190A, 19OB and 190C
Resolution No. 1~07 was unanimously passed and adopted on motion
by lit. Warren and seconded by ~. Woodard.
8.d. The City Clerk read ORDINANCE NO.
AN ORDINANCE OF THE CITY 0F DELRAY BEACH,
FLORIDA LEVYING THE ASSEBS~NTS AS SHOWN BY
THE ASSESSMENT ROLL SUBMITTED BY THE CITY
~NAGER OF SAID CITY CONCERNING THE OPENING.,
GRADING AND PAVING OF THAT PART OF 8OUTH14EST
NINTH COURT LYING BETWEEN SOUTHWEST SIXTH AND
· EIGHTH .AVENUES, TO A WIDTH OF TWENTY-FOUR FEET,
SAID ASSESSMENT RI~LL BEIN~ ATTAOHED HERETO AND
FORMING A PART HEREOF.
Ordinance NO. G-4~4 was unanimously placed on first reading on
motion by Mr. Avery and seconded by'~. Warren.
8.e. City Clerk Worthing read ORDINANCE NO. G-4%5~
AN ORDINANCE OF THE CITY 0F ~ELRAY BEACH, FLORIDA,
LEVYING THE ASSEBS~NTS AS SHOWN BY THE ASSESSMENT
ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY,
CONCERNING THE OPENING, GRADING AND PAVING OF THE
NORTH-SOUTH ALLEY LYING BETWEEN LOTS 19 THRU 27
AND LOTS 28 THRU 36, HALLER & GROOT~LAN'S SUBDIVISION,
TO A WIDTH OF SIXTEEN FEET.
Ordinance No. G-455 was unanimously placed on first reading on
motion by Mr. Avery and seconded by ;~. Woodard.
8.f. The City Clerk read ORDINANCE NO. G-456.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT
ROL5~ SUBMITTED BY THE CITY MANAGER"OF SAID 0ITY,
CONCERNING THE OPENING, GRADING AND PAVING OF THAT
PART OF NORTHWEST FIRST AVE~ RUNNING APPROXIMATELY
FOUR H.UNDRED SEVENTY FIVE FEET NORTHWARD FROM NORTHWEST
NINTH STREET, TO A WIDTH OF TWENTY FOUR FEET.
Ordinance No.. G-456 was unanimously placed on first reading on
motion by Mr. Woodard and seconde~ by Mr. ~fa~ren.
9.a. City Clerk Wort~ing read the following Planning Board report
da~ed. July 19th, and the following memorandum fr0m the Director of
Public Works dated ~uly 20, 1962.
-7- 7~23"62
· 188
July 23, 1962
"At a special :meeting on J~u~y.!7, 1962 .the Planning and Zoning
BOard held a he,ring on a request for 'permissive use for the
construction and opemat~on of the Trinity Evangelical Lutheran
Church Educational and Building program on the following de-
scribed lands.
"The South 460 feet of the East half of Lot 12
in Model Land ComDany~s S/D in Section 8, Twp.
46 S., Range 43 E., less the South 40 feet and
the East 33 ,feet thereof.
"No one app, eared at the hearing including the petitioner. One
letter was received from a person notified which favored the
petition.
"The four members of the Board present unanimously voted that
the Board recommend' that the permissive use be granted as re-
quested.
"The Board further recommends that the South BO feet of the
property be dedicated to the Oity for R/W.
"After the meeting was over it was brought to my attention by
a qualified individual that the road entrance to the property
from Swinton Avenue could be hazardous as well as a cause of
congestion. I have, therefore, taken the liberty of obtaining
the opinion of the Dept. of Public Works which should be
attached."
"MEMOP~NDUM ~: Oity. Manager
Subject: New '~the~an Church - Agenda Item
"I ~Ve inspected She at~ached site pla,n drawing for the pro-
pc~ed sCh~,o~;'b~Xitdi~,gs of the TrinityEvangelioal Lutheran
Church on the northwest corner of the intersection of NW 4th
Street and ,~winton Avenue.
"If I under~tand the drawing correctly, the only driveways
entering into city streets which will be constructed immed-
iately are the t~o ends of the circular drive on N~' 4th Street.
The parking areas and driveways on the east side of the pro-
posed buildings are probably intended as future construction.
"As a safety measure, driveways entering upon city streets
should approach,them at right angles for e distance of at
least one car length away from the edge of the paving.
"In the parking area shown east of the buildings and fronting
on Swinton Avenue, it would be much better if the driveway
could be moved to the northerly edge of the .property and
broUght into Swinton Avenue at right .angles. The, intersection
at '4th Street' and Swinton 'is at press'hr a busy one', and is des
tined to become a great deal more heavily used in ~the future ·
with the proposed widening of 4th Street on both sides of
Swinton. It will probably be necess:ary, ev:entually, to place
a traffic light at this 'intersecti°n~ .. A driveway entering as
close to the intersection.as shown on the-drawing would bring
about c°nsidep~le conges$iOn.,dUe to Cars backing up.through
this intersection. ':" ' "
'"I believe .these "~hanges :e~an be arranged very simply and would
be glad to diScuSs this with the architect at his convenience."
City ~lerk"Worth~ing repo.rted that ,the ,,dedication of ,the South 40
feet of the proPert~ ~e~e~red'.to in the Planning Board Report had
already been.~rovi,ded for in,.an instrt~ent which ~elates to the Pur-
chase ~f a f,[~e.acre tract of land to ,the ·west thereof by the City.
~ ~tl' Avery moved the2 the pexu~issive use be g~anted as reco~nuended
oy ne,Planning/Zoning Board sub~$gt to and incorporating the re-
commeaca~ions of the Director of-~lic ~orks as stated in his memo-
randum ~' ~he City Manager dated ~ 20th, 1962. The motion was
seconded by Mr. ~oodard and carrie~' unanimously.
-8- 7-23-62
'189
July 23, 1962
lO.a. Regarding consideration of proposed settlement of the Pepper
Company contract, Mr. Avery moved that the City Manager be directed
to effect settlement with the Earry Peppe? Company, if accepted withe
in two weeks, in an amount: n'ot to exceed $6,300.00. The motion was
~econded by Mr~ Woodard...
Mayor Dietz explai-ne~~ that this..was a $291,000.00 contract,
part of the $500,000.00 Sludge Plant. That there.were three con~
tractors whose bids had been accepted by the pre~ious Oouncil. The
Inter-County Construction Company had a bid for ~83,000.00 and it
~et~led for (~750.00. :~.The Ha~ry Pepper Company contract in the amount
~f $291,000.00 should be settled for $6,300.00, leaving Dargel CQ$,
~$ruction Company with a contract in the amount of $51,000.00 to b~
~ettled. Mayor Dietz further explained that there would still be
~rrific savings to the City of Delray Beach if these three contracts
were cancelled for an amoUnt.of between seven and eight thousand
dollars, as by previouS' ~6~hCil statement that if both steps of the
ewer system was taken at one time it would save $25,000.00, so the
ifference between those amounts would be a saving to the City in
doing it in one step, except for such engineering fees that had
been calculated.
It was made known that in contracts of this type, termination
~lauses are included based on the contractors actual cost, plus a
percentage and that the proposed settlement is in line with smch
termination clause, plus the wisdom of this Council in arrangi~g~.am~
addendum to the contractors contract which stated that the City would
incur no further liability than the bidding of the Job.
The motion to settle the Harry Pepper Contract was unanimously
carried.
Mayor Dietz then made it known that in 1947 the City of Delray
Beach borrowed $2~,500.00 from the Federal Government for the purpose
of makinga plan for sewers, and explained these plans briefly. Fur-
thor that thais was a non-interest bearing loan~that was to be ~epaid
to the Federal Government only if the work that was done would be
utilized, and it is now quite possible that this loan would have to
be repaid, and the engineers that had contracte~ for the new plant
would absorb two thirds of-that amount if the City is forced to pay
it,.and the City would absorb one third, which would definitely be a
sewer cost and would not have to co~e out of the general fund, but
should come from the Bond money. F~ther, that when the sewer plans
are completed, someone would go to A~ta for the Federal Government~
decision as to whether it would have to b~. ~ep.aid.
X. Mr. Woodard thanked Mr. Holland for accepting the interim ap-
pointment as acting City Manager and complimented him on his perform-
anco of his duties.
Mr. Woodard then moved that the City Administration proceed
immediately to notify or advertise, through the proper channels that
are available to them, that the City is receiving applications for the
posltion of City Manager. The motion was seconded by Mr. Avery and
upon call of roll, Mr. Avery, Mr. Warren and Mr. Woodard voted in
favor of the motion and Mayor Dietz abstained from voting.
10.b. City Clerk Worthing presented bills for approval as follows:
General Fund $ l13,1~5.PJ~
~atev Fund - Operating ~und 50,26~.83
Special Assessment Fund 4,958.94
Beach Disaster & Improvement Fund 80.00
Refundable Deposits Fund.- 3,001.69
The bills were unanimously ordered paid on motion by Mr. Warren
and seconded by Mr. Woodard.
-9- 7-23-62
July 23, 1962
X. Mayor Diet~. ca,ted 'the public's attention to the fact that he
has heard rumors 'that the public hopes· the. Council. will' get to-
gether some day and be e nice Council, etc.., and stated, that ..there
has been nothing of consequence that this Council has done but
what has been unanimously approved', .'£~rthe~ that there is bound to
be some diffe~ences of opinion; 'a~d %hat' this City is in good hands
with 'the Council that they have.
The meeting adjourned at 9~25 P.M. on,,motion by Mr,. Avery.
City Clerk
APPROVED:
MAYOR
~0L~TZON NO. 1407
B~CH, FLORt~, AS~8~',~, ~ A~TING ~ANC~
~ C~TAIN ~8 ~A~ ~ SA~ CI~ SETT~G
O~ ACTUAL C~ ~C~ BY ~ CX~ T0 ACCO~LISH
5~H A~TEY~ A~ ~G ~E C~T~ S~H A~TE~
~ ~ ~ANC~, A~ ~RXN* SA~ ~.TO ~E A ~
~ON ~ P~0~ IN AN AMO~ Afl 'S~ ~ ~PORT
T~ CITY ~G~ OF DE~Y .~CH, F~R~A.
~S, .the City ~o~oil of the City of ~lra2 ~aoh~ did~
_ . ~. ~d/~ regular session held on ~e ~r~;..of. April... ~I962.
'14tb ~nd 28th of. May. 1~62 declare t~ e~stence of a ~ui-
s~ce upon ce~tai~ Iota o~ p~eAs ~f l~d, descried in a list sub-
mitted to t~m, fo~. violation ~ ~ p~ovisio~ Of Ordin~oe
~S, p~su~t to such decl~ati~, ~e City Clerk of said
Cit2 did f~ish each ~ ~e respective o~e~e of the lands described
~ in said list with a notice desc~ibi~ ~e na~e off ~e nula~ce
~ that ~ey ~st aba~e said nuis~ce wi~ th~W (30) days, faiti~
in Which' the City Council would have it dena, ~d the cost thereof
would be levied as an assessment aga~st said p~operty; ~d
~S, the ~s herei~te~ n~d did fail ~d neglect to
abate the ~isance e~sti~ upon the~ respective l~da wl~ the
time prescribed in said notice and Ordin~e G-~7, ~d the City of
De,a2 Beach was requi~ed to and did ente~ upon t~ following
and inc~ costs in a~ting ~e nuis~ce e~sting ~ereon as desa~ibed
in'the ~o~esaid liSt; ~d
~S, the City ~ger of ~e City of Del~ay Beach, has, p~-
suant to said ~dinance G-~7 ~d t~ City Ch~ter submitted to the
City Co,oil a report of t~ costs ~c~red ~ abati~ the nuis~cs
as af~esaid, said report indicating ~e costs pe~ p~cel of land
involved,
NO~, T~O~, ~ IT ~0L~D ~ THE CI~ C0~CIL OF T~
0F DE~Y ~CH, F~R~A, AS FOL~
1. That asseas~nts in t~ individual ~o~ as sho~ by
report of the City H~eger of ~e City of ~lray B~ch, involvi~
City,s cost of abating the ~esatd nuis~es upon ~e lots or p~-
cels of land described ~ said report, a copy of ~l~ ia attached
hereto ~d made a p~t he, eof, ~e levied aga~st the p~cels ~ l~d
described on said ~eport ~d in ~e ~o~ts indica~ed thereon. ~3ald
assessments sO levied shall be a lien ~on the respective
lots and panels of ~nd described in said ~epo~t, of ~e
nat~e and to the s~ ~ten~ es ~e lien fo~ gene~aX' city taxes
s~ll be collectible in the s~e ~e~ ~d with the s~ penalties
~'~ ~der ~e e~e p~ovisions as tO sale ~d forecloses as city taxes
~e collectible.
2. ~at the CiW Cl~k of said Ci~ shall, as soon as possible
.~te~ ~e effective date, ~ecord a certified copy of ~s ~eaolution
In t~ o~ice of ~e C~.rk of the Ci~uit Co~t In and fo~ Pa~ Beach
: Oo~, Florida, ~d shall f~ish to each of the o~era n~ed
· ~ Beach, did, on ~e 23~d of April~ l~th ~Stl ~
o de~ ~e abatem~t of a certain hUla,cc e~sti~ ~ the~
proper~ ~d p~opert2 o~e~ ~ving laird to abate such n~s~ce,
within ~e 30 day pe~iod, ~e~eupon it was abated by ~e City at
aho~ in said report and such aaseaa~nts shall ~ legal, valid
binding obligatio~ ~on the property ~ainst w~ch said assesa~nta
a~e levied. This resolution shall become effective 30 days f~om the
date of ~op$ion, ~ the assessments oontained he~eln e~ll beco~
due ~d payable ~ty days ~te~ the ~ili~ date of ~e notice of
said assessment, ~te~ ~ich ~teres$ shall acc~e at the ~ate of
pe~ ~ on ~y ~aid porti~ t~eof.
PA~ A~ ADO~ ~ reg~ar session on the 23fA d~ of
/s/ R. D. ~orthing
. m.~ ~'~;;~ ...... .._ , _ .
~lle~
.. ~pio Isle
~ ~0~, ~ropic Isle C.S. ~ra~o ~ ~ DeRice
~ & ~b~a
~t ~ ~5 ~ ~6, ~ R. ~ Gladys L. ~.73
Tropic Isle
~t 7, Block 17 C~rles Cart~ight
~t8 8 · g, Block 1~ F~l & ~e ~o~ 8..~
Rio Del Re2
~ta 18 t~ 23, BI~ V, ~,R-. ~% · O.B. He~7 19.31
Rie Del Rey
Rio Del Re2
~t 7, Block' 8~ W.S. R~adell 5..58
~t 8, Block 89 Seao~est S~ps, Inc.
Lot 11, Block 81 Do, thy A, Newlan 5..58
Se~ate ~tension
~ts ~ · ~,BI~. 11, ~c2 l~Lecd He~ 10.15
~ Seagate "A'"
~ ~t 1, Blk. 13, ~aina~d ~d Der, ~.58
~ Seagate "A" C~an2
~t 2, Blk. 13., Dewey B~rley 5.58
Seagate "A"
~t ~, Block 13, ~cy ~Leod Be~ 5.58
~e~ate "A"
~t ~, Blk, ~, Jo~ ~ward & RoSe
Nort~ldge Pil~n
~ts 1Z & 13, Blk. 1~' ~. P. ~, ~. et al 8.34 '
S~nton ~ights
~ts.9, 10, 15, 16, 19, ~, J.M. a Orace W.
R1, ~2, ~3, a ~, Por~
~icreat 3rd Ad~.
COST OF ABATING NUISANCES UNDER. O.RDINANCE NO.
pR0~RT¥ DESCRIPTION 0WN~..
Lots 11 & 12, Gar~ett ~ Irene' E. $ 10o15
Bonnicrest 3rd Addn. Mulva
Lot 8, Less W17.5', Y.M.C.A. of Palm 5.58
Bonnicrest 2nd Addn. Beaches
Lot 12 & El6t of Lot 11., J.A. & G. V. Minch 5.58
Crestwood
Lot 30 & E 35t of Lot 31, J.W. & Adele Richardson 8,34
Delray Beach Esplanade
Slh' of Lot's & N36.2' of Lot Leonard Surles, et al 5.58
6, less 5' R/W, Blk. 117
Jeannette Resor 5.58
Lot 2,
Sea Spray Estates
Lot 5, Sara E. Twyeffort 5.58
Ocean Breeze Estates
Lots 30 & 31, Delray Beach Develop- 8.3~
Ocean Breeze Estates ment Co.
Lot "C" John H. Krey 5.'58
Delray Isle
Lot 7, Fredri~k & Rachel Gwinner 5.°58
Delray Isle
Lot 8, Preston & Dorothy Holliday 5.58
Delray Isle
Lot ~2, Ernest & Elizabeth Bright 5.58
Delray Isle
Page three of Resolution No.. 1407
PROPERTIES IN VIOLATION OF ORDINANCE G-l~7
AND SECTION 15-~ OF THE CITY CODE
CITY
OWNER ADDRESS LOT, BLOCK.& ~/~,. COD,~
velyn G. McGraw P.O. Box 19~2 Lot 2, Blk. t6, 4
H. P. Cullen Delray Beach, Fla. Seagate "A"
Wilmer B. & 1141 Foxchase Rd. Lot 3, Blk. 16, 4
Marguerite E. Hoge Birmingham~ Mich. Seagate "A"
O. Clifford & Helen 5877 Evergreen Rd. Lot 9, Blk, 11, 4
M. Grimshaw Deerborn 6, Michigan Seagate "A"
Charlotte M. Bund Box 326, 13,
Lots
&
15,
Delray Beach~ Fla. Blk. 6,
Dell Park
Walter H. & Victory 1~00 E. Fairy Chasm Rd. Lot' 34, Blk. 7, ~
Bendfelt Milwaukee, Wis. Dell Park
John T. & Caroline 121 N.E. 8th St. Lot 29, Blk. 11, 4
Van Ballegoolen Delray Beach, Fla. Dell Park
Cecil &/or Clara 116 East Nelson Lot 6, Blk. 9, 4
DeRemer Midland, Michigan Dell Park
Ruth A. Collins 2~0 N.E. 9th St. Vacm~t Part of ~
Delray Beach, Fla. Lot 7, Blk. 12,
Dell Park
K.D.D.O. Corp. 215 So. Federal Hwy. Lot 20, Blk. 8~ 4
Boynton Beach, Fla. Dell Park
Georgia Mae 408 Chilean Ave. Lot 7, Blk. 99 ~
Jennings Palm Beach, Pla.
Bushman & Ruth Inc. P.O. Box 1703 W 189.7' of Nh of ~
Delray Beach, Fla. NF~ of Lot 7~ less
Section 8-46-~3
Louise D. Meade P.O. Box 331 Lots 18, 19, 20 & 21, 4
Delray Beach, Fla. BIk. 29
Edward Rueben 833 N,W. 10th St. L~ts 22, 23, 2~, 25 4
Turnquest % Theresa Hallandale, Fla. & 26, Blk. 29
Ann Turnquest
John R. Jr. & Marie 310 Washington Ave. Lot 22., 4
J. Wells Delray Beach, Fla. Sundy & Tenbrook Addn.
Earnestine ~illiams 11 S.W. 6th Ave. Apt 6 Lot 23, 4
Strachan Delray Beach, Fla. Sundy & Tenbrook Addn.
Alfonso & Eva Mae ~19 S.~ 5th Ave. Lot 2, 4
Bell Delrs~ Beach, Fla. Sunnyside Park
Agnes Munning 26 N.W. 3rd Ave. Lots 3, 4, 5, 6, 4
Delray BeaCh, Fla. 7 & 8,
Sunnyside Park
Earl & Nellie Good 115 Forney Ave. Lots 17 & 18, Blk. 1, 4
Hanover, Pa~ Rosemount Park
Alfred Spear Box 1326 Lots 19 thru 24, Blk. 4
Providence, R.Z. 1, Rosemount Park
LaVern H. & Doris ~006 32nd St. LOts 11 & 12, Blk. 1, 4
Eopp Mt.'Rainer, Md. Rosemoun~ Park
Con,t page 2
CITY
0~PNER ADDRESS LOT. BLOCK & S~ CODE
Katherine W. Burley 167 Hillboro Dr. Lots 1 thru 3,B~k. 2,
Birmingham, Mich. Rosemount' Park'
Charles Daniel Box 697 Lots 22 th~u 2~,
Clapoer Sr. Boynton Beach, Fla. Blk. 2,
Rosemount Park
L. B. & Vera L. 5701 Jefferson Ave. Lots 13 thru 20 &
Cupps & Edwin Brunet Evansville, Ind. Lots ~l thru 46,
Delray Manor
Thomas K~ & Violet Tupper Lake Vacant part of Lots
M. Somers New York ~7 & ~8,
Delray Manor
Lossie Rhoden 6 So. Swinton Ave. Lot 61,
Delray Beach, Fla. Delray Manor
Thomas S. & Betty P~0~ Box 302 Lot 62, 4
G. Hatcher Delray Beach, Fla. Delray Manor
Lo B. & Vera L. 5701 Jefferson Ave. Lots 63, 64 & 65, 4
Cupns Evansville, Ind. Delray l~nor
Peter Gherlone Box 195 Lots 2 & 3, 4
Delray Beach, Fla. Delray Manor
Fred W. Burgey P.O. Box 70~ A Lots ~ & 5,
Old Saybrook, Conn. Delray Manor
Pauline P. Burns P.O. Box ~196 Lot 6 4
Ft. Lauderdale, Fla. Delray Manor~
Paul D. & Margaret 8801 N,E. 1st Ave. Lots 11, 12, 35 & 36,
Sab_ler Miami 1, Fla. Delray Manor
Joseph C. & Hildreth 707 S.E. 3rd Ave. Lots 25, 27, 28, 29, 4
Williamson Delray Beach, Fla. 30, 31 & 32,
Delray Manor
Mrs. E. B. Foerth 403 Crescent St. Lot 26, 4
Cypress Hill Delray ~nor
Brooklyn, N.Y.
~ubmitted to the City Council by the City
Manager this 23rd day of July, 1962