08-27-62 August 27, ,1962
A regular meeting of the City council O£ Delray Beach was held
in the Council Chambers at 8=00 P.M., with Mayor Walter Dletz in the
Chair, City Manager Robert J. Holland, City Attorney John Re. s8 Adam~,
and Councilmen A1 C. Aver~, George Talbot, Jr., George V. warren and
OLSver w. Woodard, Jr. being present.
1. A~ opening prayer was delivered by the Reverend GeOrge C. Pullman.
2. On motion by ~4r. Woodard and seconded by Mr. Warren the minutes
of August Sth, Special Meet/~g and the August 13th ReGular Meeting
were unanimously approved.
3. Mrs. W. Thomas Fleming, ~e~ B~, ~gree~ting two adult
groups meeting at the DeLray Beach Com~unlty Center read as
folLo~s: "At the outset may I state that we are most grateful for
the privilege of meeting here.
"Xt is my understanding that the posit/on of a duly q~altfted
Civil Service employee is about to be declared vacant and ~hat this
position may be subs~uted by one on a ~art-time or temporary basis.
"AS you are aware, Civil Service was established to keep pol. itics
out o£ Government, whether on a Local or higher Level. The Assistant
Supervisor on duty is under Civil Service. She has all the q~aLlfi-
cations for the Job, education, experience, priority, and she has the
approval of parents and other adult grou~s.
"When this Assistant supe~visor has been on duty the qroups with
which I am connected haVe not had to compete with disturbances o~
volcanic volume. That was the case during a recent evening meeting
when a man supervisor was on duty. And yet it is my understanding
~hat the Recreation Advisory Board wants only men supervisors. Are .
women, including winter Visitors, and girls to be excluded? Are the
wishes of parents whose yovng g~rls com~ to the Center to be dis-
regarded. That wou~d"~ppear to be the case when letters endorsing
the Assistant S~pervisor were not read.
"It is 'also m~understanding that a movement is under way to pro-
hibit the use of t~e Community Center b~ adult groups~ tahat the aban-
doned concrete b~oc~ building in the rear could be fixed up for their
use. The new Comm~ultt~ Building with its many glass windows and
fragile Par~ltlong will be got ~te chtldrea, and dogs which .are also
allowed inside, Ie this expensive, building to be used as a baby-
sitting sanctuary for.bridge-pla¥~g parents?
"If cha~ges are necessary, why not ha~e the basle=bail continued
in the gym, ~nd the old Scout Building in the rear used as 'a pool or
game room. For those wa~ting to watck T.V. or to participate in
special programs, the Comm~ty Center could be made available.
"~lay Z respectfully suggest that if any member o~ the Council
or Recreation Advisory Board has been to the Center in recent weeks,
he has undo~edly seen the damage by the children, amounting perhaps
to ~dzeds of dolLers. When there was more supervision and the
children we~ no~ allowed ~o ~ake over the building there was little
or no damage.
"Experience has aLread~ pro,ed that one supervisor is entirely
inadequate if the building ia to ser~e the purpose intended and not to
be closed on certain days. The additional money required would be
more than o££set by the saving on repairs.
8-27-62
August 27, 1962
"~he efforts to reduce taxes are commendable, but why. curtail
something asimportant as the Cor~unitycenter? There must be other
avepues to be explored. May i suggest one? It is my understanding
that ther~ i~w~'l%~en authority wh~reby, areas~ in'the'building may be
rented out~ With this ~ossible,source of-incOme-organization would
be necessarY,and~thisCould be. hand~e~-b~.the Eulltime ~as~s~Stant.
According to 'the press of Aug. 23° ther$is ~a good'working*reserve
for the yea~.'
"It would appear that the Recreation ~d~¢isory Board which is Ere-
quently mentioned, is not official~ that it l~ merely an adjunct of
the Cotu4cil to cover up political ambitio~s.
"Isn't it tragic that the Coummunity Center cannot remain inthe
hands of Recreational Officials and not be a political hotbed.
Thank you."
Mayor Dletz commented as follows: ,"Mrs. Fleming0 there are things in
your report that I do not un~erstand and a few-of them~I do not think
are in accorOance with the facts as we understand them', we are cer-
tainly hap~y to have your ~etition and I'm sure.~the Council will
authorize' the City Manager to lo~ into that and. give us a comprehen-
sive reply which:reply should be read at the~ next meeting beacuse the
people here have heard this particular petition an~ consequently the
reply to the ~etition should be read in'~ublic so as toeither confirm
or refute Some of the information that you have heard about, that may
no= ~ust be true'."
'~uncilman Avery Commented as follows: "This Senior Citizen Program
was lnstitute~ on my initiative and it was because Mrs. Archer ap-
proache~ ~e, she and her mother, about the need for a Senior Citizen
Program'in our,~tOW~. I approached Mr.,Baker~,~t ~hat-time and then
arrange~ Wi~h Mrs'.Archer to confer withMr.,Baker and we started.
off a beautifui~enior, Citizen Program. We are having a lot of.
trouble' with the Recr~ation Center, we are running into all kin~s of
trouble' and things~and my concept of Recreation is nota'~eenage
center. I thi~t~shoul~ ~ave a broad asp~ct;~f all the citizens
in town"because t~ey are 'the, people who"~art~lp~e l~.this thing and
I think our Senior Citizen Program is lust a,s"lmportant, i'f not more
so, than our Teen Program. We are having it very rough with people in
our cen=e~ some ~have one ~oncept for--the use and 'a~other concept that
is for'the'geni'~ Ct~i=en ~rogram'an~.it -is ~mo~,t~dis=oncerting to me
and -I am sure that.~t~ is to the re~t of t/%e.,~ou~oi~. We ~are trying
to solve this thing so that' it can be of th~gr~atest:~enefit ,toall
of the cig~.~en~-o~f this town.' I will promise that,'I ~wl~l~l~use all
of my effort'S tO"$ee'that the program be as~broad:as
don't ~now where we are going to get-~e ideal arrangement but sooner
or later we will and I am most sympathetic with Mrs. Fleming. I
thin~ they have a point very well 'taken and just gi=e us a little
time an~ ~ wlI1 solve it. ~I hop~ that you all will be!'happy.."
Councilman Woo~ard commented as follows: '!The wheels are a~re~dy:
in motion to solve'this particular problem. About a week ago there
was a meeting'~of.the Reurea~ion-Advisory Boa~,?,which.~ am:.&n ex-
officio,mem~, todisc~ss this ~$1cula~ ~lem and a~=emp= to
resOlve~the problem. We areawa~ ~f the.fact .th&~,~here,~as.a ~on-
flict of ~se at ~he'Recreation Oenter.,~e have Seaior
and w6"~have young.groups who~es:~re :to ~lse'the fau~lities~at the,same
time, one of which is a quiet nature and one of which is of &'noisy
nature. The Board diSCussed the alternative possibilities o~ pro-
riding facilities fo~ theSenior el~lzens'that~wOuld meet ,their needs
and at-.the same time,not interrupt-thenoisy.:programswhiOh are being
conduc~ed'-over at"'the Center% We'dis~us~ed, all types.of possibilities.
we discussed the possibility of fix~,~ up'the Scout'Hut to-the rest
to have their bridge games or whatever they might choose to do without
-2- 8-27-62
August 27, 1962
iaCer~u~tLon and we discussed the posslbL!Lty 0£~ fixing up the second
floor a$~the pool over on the~-be&Ch~ We disclOsed,the pos~ibLlity of
scheduling .evening a=~iv~t~Lee~,so~that one evening.the adult groups
could use Lt and another evening the younger groups could use Lt.
There are quite'a ,number o£ alternatives and pOSSibilities.which can
be worked out whl~hha~e .nOt yet been resolved. The Board is aware
of these problems,and attempting to work =hem out, If You will
bear with us for'a while we are sure we can solve the programm/ng
to everyone*s satisfaction.."
Mayor DLetz~ "I for one, 'sitting here and hearing the report fron~~
the citizen, would like very much if this Council would authorize the
City Managerto reply point by point in the next public meet/ng and
we will glue this attention, Mrs. Fleming."
4. Councilman warren reported that there was no re~ort from the
Beaufification coordination Committee,
4.a. A roll call showed that the following organizations and repre-
sentatives were in attendance.
Seagrape Grades Club Mrs. James Bowen
League of Women Voters Mrs. Charles Cross
Business & Professional
Women's CLub Miss AdelLne~raham
6.a. City Attorney Adams read the following Letter from Attorney
Joseph Tomberg, dated August 21, 1962.
"This Ls to advise you that I represent a Roland, Farington~f
De~ra~ Beach who has been found guilty of possession of
bolla& tickets and was sentenced to 100 days ink,he City
Jail.
"The said Roland Farington has a wife and four children who
he is the sole support of and by putting him in Jail, de-
prived his family of substances and income thereby putting
these people.on relief.
"! feel that due to the unusual hardsh&ps involved in this
case .that the punishment meted out by the Judge, although
~n conformity to the law, is of such a harsh nature that
Just~ce.~s not being done. Therefore, at this time ! am
requesting that this be placed on the next council meeting
agenda so I may present the necessary papers for the pur-
poses of having the Honorable City Commission pardon the
said Roland Faringto~."
The City Attorney read the fol~owing letter from .Municipal Judge,
James W. Nowlin, Jr., dated August 23, 1962.
"I have been advised.~hat Roland Ft$lngton has petitioned
the C~ty COn~&~.on fo= remission of a penal~y imposed b~
the Mun~cll~aL Court. As Municipal J~dge I am sub~ting
my recommendation.
"Mr. Farington was convicted ~n the MUn~ipal Court on August
6, 1962 of the offense of gambling and possession of bolita
tickets. The sentences ~mposed were $80,00 or 40 days for
gambling and $300.00 or 60 days for possession of bol~ta
tickets. Mr. Far,ton has bee~ in Iai1 since tha~ day and
as of August 27, !962-will havsserved 21 days and z~ceived
5 days credit for good behavior.
-3- 8-27-62
~mg~t 27, 1~$~
"I .have talked'to-Mrs. Farington who.:ad~tsed that she .and
Mr.'Fari~gtOh~'have~fOU~ ch~l~en¥:;~ges'~%, 4, 3~and 7Months,
that Mr.'FariHgton ha~ been employed a~a cement finisher,.
.by Green & Matra, Inc. of 1217 SOuth Swinton Avenue, Delray
Beach, 'F~orida~- and that Bis aaiarY wa~ between $70.00 and
$80;00 per week~ ~Mr, Faring=o~'owns hiaown.automoblle,
Which is pai~.f0r,,and the:family'-l~Vtngexpenses are
approximately $220.00 per month. Mrs,. Farington further.
advised that she has arranged to receive groceries from
the County welfare Agency but ks unable to pay any of her
monthly bills. Mrs.~-Farington also said that if her hus-
band were released from Jail he would be able to pay the
balance Of his f~ne in $25.00 monthly'installments.
"Mr. Farington has previously been arrested on the charge
ofgambling, forfeiting an~ appearance,bond on November 20,
1960 and was acquired ofthie uharge.onAp~l 13, 1962.
"It is my recommendation that Robert Farington be released
from'the,City' ~ail' c~n~itloned upon~the, payment of the
balance of his fine on the month~ly.installment of $25.00~
each."
City Atto=ney~ams ,~eported that Chief 'Croft has no objections to
the disposition in line with this letter.
Mr. W0o~ard moved to accept the recommendation of Judge
Nowlin, Jr. The motion was seconded by Mr. Avery and carried
unanim~USly.
6.b. Concerning the proposed plan for a revised traffic pattern on
At~a~tkc~ven~e as~previously submittedby theCity Manager, author-
ization !s'"reqU~s%ed tO so provide~ in order that proper ,location of
new s~reet li~gh~ poles by the Florida Power and LlghtCompan~ may be
determined. This .pertains to the 'two block area on Atlantic Avenue
between 4th and 6th Avenues East.
'Mr. Avery moved that the proposed ~lan De approved. The motion
was seconded'by Mr~ Talbot'.
Mr. Woodard Commented as follows: "That. when this was proposed
and the proposal is that to eliminate, on the South Side of Atlantic
AvenUe between 4th and ~6th Avenues~,thm angle p&rkin~, and we p~t par-
allel' pa~lng there allowing the" ~lori~a.,~e,r and LIgh~ COmpany to
install 'the new .lighting ~lXtures, which should be .~,ns~tal!ed, in the
next couple of we~¢s, back on the sidewalk r&~her than out ~ln the
parking areas thereby in the two blocks eliminattngapprDximately
seven Parking epaces'in the two ~lock stretch. As a result of the
minimizing of,the'park, ing,,i ~anted~to check, with the business men
in those two blocks which I have done. I spot checked with them and
their recommendation was that it would be beneficial to make the
change'and on theirrecommendation, I have gone along with-this
recommendation myself. This also ,includes a 'delayed light on 5th
and 6th Avenues so that the left turns might have a few moments to
turn leftbef0~e the O~uoming t~affic 'apprOaches~"
Uponcall Of-rol~ the'motion was unanimously,approved.
6.c. The City Manager presented a survey reportof.,alleged Nuisances
existing in violation of Chapter 15 Of the City's Code of Ordinances
th~% had~been'.~rnis~ed'by the Flre'D~partment,
'ItwaS m09~d.by.~Mr,W~Wa~e~,,-sec~nded~'-~by~.4r:~Woodard and Unani-
mousiy c&rri~d'to dir~c~ ~e~kty. c~erk>~o.eo~ply~.mith Ordinance No
G-388 as applicable.to thiS"Nuisance smrve~ report.
i (~op~:'.~f~i~ance ~ su~vey?,repOrt 'is~ at=aChed to and., ma~e a
8-27-62
~u~usta?, 196~
6.d. Appointment of an architect for the WeStside Recreation center
was deferred ttntil the n~xt m~eting, due .to the fact that Council just
received the contract and have not had a chance .to study it.
~a. yor Dietz commented as follows on the .~WeStsi~e Recreation Center:
I'T e of .westside , Center is something of great
~ matter the Recreation
~mportance to Delray ~/ld, we have .made rather rapid strides with that
~nd we have practically everybodys blessings on this procedure, and
I would like to S~gest that the City Manager, I make a motion to
th~. effect that ~the City ~anager be authorized to send to each
member of the Inter-Racial Committee a copy of the report made by the
Westside Committee so that the Inter-Racial Committee might give
this ~heir blessing." Mr.-Avery ~conded =he motion which carried
~nanimous ly.
Mr. Woodard mo~ed that the Mayor be appointed as. th~ ¢~ncll's
representati~e to see that the program is carried on to~.completion.
~r. Talbot seconded the motion. Discussion followed and Mr. Avery
commented as follows - "I think that the City Manager is the proper
person for the architect to look to, the council to look to, and' the
Westside Committee to look to. I thine we should clarify that because
while this is a pet project of the Mayor, it is a pet ~roJect of mine
also, and I was. the one to bring this back before the coUncil original-
ly. I be~lieve this has to be coordinated in a central poin= and the
City Manager is the proper person to do it. I would ask the Council
to consider this and let the City Manager be the coordinator and all
of us work thr~ him, letting the architect have but one person, the
City Manager,. to look to."
Mr. Woodard. repea~ed his Motion. "I wish the Mayor to confer
with the City's appointed architect or the ar,ch~tect to be appointed
as soon as the contract is provided. That the ~ayor and the architect
coordinate to see that the recommendation of the Committee that re-
searched this program be carried out in accordance with the wishes of
the Committee, in accordance with the f~de we have avai!able0 and the
Mayor being ,~the person who has worke~ with this to the greatest extent
and is familar with the program is the only one on the Council here
that is conversant enough with it to see that it is carried out.
Upon call of roll, Mayor Diet=, Mr. Talbot and ~r. woodard vote~
in favor of the motion and Mr. Avery and Mr. Warren were opposed. The
motion carried.
6.e. City._Clerk Worth~ng read th~ following letter from Mr. Ralph J.
Knutsen0 dated August 7, 1962.
"I hereby submit my resignation as Civil Defense Director
of Delray Beach.
"My present business situation makes it lmpossibl~ for me
to devote the time necessary for proper adn~nistration of
this office."
Concerning the resignation of Mr. Ralph J. ~utson, Mr. ~arren
moved the Council acce~t Mr. ~nutsen's resignation as Civil Defense
Director and-ac express~ o//r regrets in a letter to Mr. Knutsen. The
motion was seconded by Mr. Avery and carried u~animously.
6 .f. The City Clerk then read the following letter from City Attorney
John Ross Adams concerning the Attorney's fee. relative to validation
of sewer revenue certificate issues, dated August 20, 1962.
"Slightly over three m~ths ago, I wrote City Manager Lo~is
J. Smitzes a letter concerni, ng the anticipated attorney '~e
in connection wi~h the, proposed Bond'.Issue. We d~scussed a
fee based on. 1/4 of 1% of the bonds validated contingent on
an immediate increase in the .basic salary of $800.00, and the
-5- 8-27.62
~ugust 2?, 1~
"result of our discussion was that we would present it to the
Council.
"As you know, it was never discussed further, no immediate
increase was forthcoming, and no provision has been made in
the budget for an increase In the salary. My purpose in
Writing this letter is to attempt to reach an agreement
since all other fees have now.been settled. Please inter-
p~et anything I state herein as merely a request that we
discuss the matter at some appropriate time in the near
future.
NAS mentioned in my letter of~4ay ?th to ~4r. Smitzes, I have
discussed this matter with each of the city attorneys in
the county, and the concensus of opinion is that the minimum
fee should be one-half of one (% of 1%) per cent of the
amount invoIved. The fee paid by Delray Beach in 1957 was
calculated on the recommended minimum fee, and with one ex-
ceptioneve~Such fee has been at least ½ of 1%. The ex-
ception occurred one year when the Lake Worth city attorney
agreed tO a fee~of % of 1% for two very large issues in the
same year. I have subseClGently learned that he was paid
an additional $500.00 per issue so actually it came closer
to 1/3 of 1% of the amount involved. The Boca Ratoh city
attorney is receiving .56 of 1% on the Bond issue soon to
be validated for that City.
"It was not until last Monday that I learned that we are pre-
seemly .~ed W~th t~o bou~ ~ues~ ~d hence twoests'of
o=~ina~ces, a~Q two suits for vall~.ation. I would therefore
pro~OSe'a fee of 1/3 of l%.and forget a salary increase. This
wou!d.be in keeping wi~h your attempt to pare the forth-
coming budget to a mi~Yum.
"I believe my request to be reasona'~Xe,,and if we Oan arrive
at an agreement on this basis, it ~11 ~nclude an appearance
~efore the'State Supreme Court,. l~ ~ecessary.
"Iwil~ be-~appy to meet with you at your convenience."
Mr. Avery moved that the City Attorney's fees for handling pro-
cedUre for the-~2,600,O00 Bond issues s~a'!~ be 1/3 of 1 per cent of
the amount of bonds validated in acC0rdan&e-~W~th~ let~erfromJohn
Ross Adams to the City Council dated August 20, 1962. The motion
was seconded by Mr. Talbot and carried unanimously~
6.g. City Clerk worthing read a letter from John W. Stanford, Attor-
ney, repreSenting-Da~gel Construction Company, Z~., regardi~g an
offer to settle t~ei= Sewage Works Project Contract~ Job No.. 5964-8
for the sum of $10562.89 and it is requested that the City Man~ger
and City Attorney be directed to negotiate with said Dargel C~ruc-
Company, Irnc. for: ultimate se=tlement of the ~c.ontract.referre~.~to
he=ei'~b°ve. ~Mr, Avery moved to h'av~ the city Manager and c~t~
Attorney nRgo~late with Dargel Constru~tion Company, ~nc. for settle-
ment. Themotion was seconded by~r. war=eh and carried unanimously-.
MayOr Dietz= "Fore, he Record may ~ ~lease have the final out-
come ~f~the contract tha~ ~he City of Delray Beach had with the
Pepper Company."
CitTAttorney A~ams= "For the Record the Harry.~epper Company
accepted a chec~ for ~6,300.00~ during .the first .Part of August an0
signed a complete releaS~ tO ~ City from the'~Ontract."
"6 - 8 -2 7-6 2'
August 2?, 196~
6.h. City Clerk Worthing read a letter fro~ the Veteransof Foreign
wars,dated August 20, 1962 and signed by Mr. Robert E. Brenner.
"The Veterans of Foreign wars are concerned about the
vandalism occuring at the VFWMemorlal Field. We would
like to ta~e this ogportu~!ty to see what control we
exercise over the field. We would like to know ~f we are
permitted to put up No Trespassing Signs and/or a chain
link fence. Due to the fact that this will be an expensive
project we want to be entirely sure before we proceed."
Mr. Avery moved that Mr. Brenner's ~e~ter be referred to the
City Attorney for recommendation to the Council. Mr. Talbot seconded
the motio~ which:carrted.'~nanimo~sty.
6.i. Concerning further relief of the parking situation within the
Post Office Block by providing egress therefrom onto 1st Avenue,
with only a right turn being allowed, and. f011owing discussion
thereon, Mr. Avery moved thatthecity Manager be directed to se-
cure the necessary .approval from 'the owner of the property and that
a public'hearl~g ~el~eld on the matter before the counciI makes
a decision..The motion wa~'seconde8 by Mr. Woodard and carried
unanimously.
6.j. On Ma~.2'Sth,' council aUthorized the improvement of that part
of S. E. ~t~ Street lying between 5th and 6th Avenues and the follow.-
lng bidS~for such %mprovement have be~n
B. B. Boldt, Inc. $1,706.00
HardrivesOf Delray,
Inc. $1,938.00
It is recommended that award be made to the Iow bidder an~ the ]ob
be provide~ when funds are a~allable. Mr. Woodard moved that the
award be made to the low bidder and the Idb be pro~ided when the
funds are available. The motion was seconded by Mr. Talbot and
carried unanimously.
7.b. City Clerk worthing read the following letter from Palm Beach
County Freight TraffiC~ Bureau, dated August 21, 19620 signed by Mr.
James W. ~ee, Dmrector~J
"It is a pleasure to be able to report that we are making real
progress in our effort to obtain non-d~scriminatory rate-
making mileages for truck shipments moving to and from Palm
Beach County Communities.
"As you know, we have been attempting to obtain a voluntary
adjustment of inflated truck mileages for the last three
years an~ failing in th~s a~tempt, filed a formal petition
with the Florida ~ailroad and P~blic Utilities Commission
askin~ for an'i~estigatio~' of this situation.
"The Railroad Commission h~ld a pre-hearing conference last
month, which D~lght attended, and last Tuesday, August 14th,
the formal hearing ~n Jacksonville opened~. Dwight an~
both participated'in it, submitt~ng a number of exhibits and
testimony to Show the injustice and ~discriminatory aspects
of these inflated mileages. Copies of our exhibits for
Belle Glade and West Palm Beach are enclosed.
"If we are successful in this effort, the first class freight
rates to and from Belle Glade will be reducted approximately
17¢ per hundre~ pounds and 'from West Palm Beach the reduction
will amount to a little over 10~ ~er hundred ~ounds.
"The Railroad Commission showed extreme interest in ~his matter
and instead of continuing the hearing for the full week,
-?- 8-27-62
August 27, 1962
adjourned it after two days with the statement that this
case was 'too lmporta~ to rush through in the limited time
originally allowed'. In resetting the hearing for October
16th., t/~e CommiSsion admonished the truckers that they
would be well-adviBed to meet with the ship~ers and resolve
this question of mileages or be faced with an arbitrary
established rate mileage structure which the Commission
would 'order into effect.
"It seemed quite obvious that the'C~mu~ssion had in mind a
rate mileage relationship very similar to the formula we
are proposing.
"I will keep you advised of the progress of this action."
Mr. Avery commented as follows= "I thi~ it is important that
the public should ~ that while we contracts to the Palm Beach
County Freight Traffic' Bureau it 'comes .right back into o~r pocket and
our representativ~ from Delray B~ach has been'Mr. BOb Holland. Mr.
Holland is probabl~.~he most informed men in'South Florida o~ this
type of thing and' Since there iS no conflict Of interest~ because he
is Cl%~ ~anagerI move that we ask Mr. Holland to remkiA~'~ this
Board~ The motio~ was seconded by~ Mr'. War~en '~n~ 'darrl~ U~animously.
?.d. City ~anager presented the petition of Attorney J. ClintOn Scott,
representing. Mr~Fran~j DeRice, =~ncer~i~g further,cons.!deratlpn of
abando~nt '~f 'a portion of casu&rina Rd.. right of way. FOll~wing
discussion thereon, Councilman Talbot moved that the action of the
Council taken at a regular sessio~n.~J~'ll, 1~2, relative to a
request pertaining to abandonment of a portlO~ of Casuarina ~d. be
rescinded. The motion ~as seconded by Mr. woodard and carrie~ un-
ani~ous~y.
Concerning petition of Attorney J. Clinton ~cott, on behalf of
Mr. Frank DeRlce for further consideratio~ 0k abandonment of.a 9orti. on
of Casuarina ad., and following general discussion thereon A~torney
J. Clinton Scott, on behalf of Mr. Frank DeRlce withdrew the sketch,
plans ~ ~petitlo~ as submitte~ and stated Mr. D~Riue WOuld' present a
new pet~iOn" ai~ng the l~nes of the °riginaI re,est and Mayor Dietz,
in acce~ting the withdraw~l of the petition as Submitte~ at this
meeting, directed the Attorney to provide for a definite sketch and
plan in supl~Ort Of any ~Urther petition.
?.e. C~ty Clerk Worthing read the following letter from .~he BOard of
Realtors, dated August 20, 1~62, signed by R. ~. Bonnell, President.
"The Directors of the Delray Beach Board of Real~ors wish
to comp~i~ent themembe~s of the C~ty. Council who are re-
s~onsible for the reductions that have been.ma~e in the
p~Oposed budget. It is felt ~hat economies should be
effected wherever possible without ]eopardizing essential
services.
"Prospective invest~rs in various types of property are
vitally.concerned-~ith taxes and it is becoming increasingly
~L£ficult to convince them that our tax picture is a balanced
one.
"we are well aware of the problems confronting the.Council
~.n~Wrs and feel that the results of your painstaking stuOy
~'~ch item have been well worth while? Iris hoped that
~k~{~onal reductions can be made in order to hold the tax
lk'ne .' ,, - ~ . _ ,
~r. Warren, moved that the Board Of Realtors, .be se~t a letter from
the'COunc£1, s~gned ~iY the ..M&Y&~0 eh~',g aP~re¢lation for .their
' ' '-8; ...... : 8-27-62 '
~areness of '221
was Seconao,~ ..t:~e CO~c~ ,. _
~'~' Cit~. ~. r~ and car=~.~ .reducing th~ ~
8~hull..v. gatioa Dl~-. ~ read th~ ~-. .. motio~
of YOur: - ~ree st--- tc Ya~d~ -~ ue and ~.Z the Ooe~
"~ e~pease ~ ~ cae
"It wo~ be ne
~e ~,~ nee of v~ a~a an~ al at th, __ ents ~o~
Pt~ ~zghts on ~cn atOck~,~c Ove~ ~'~cautlona ~at~ona
~ace Road ~_~' ~rO~lle.,~ ~.~ and an .... ~rant
~Partment 1~" a tra~fi~n of the
' eriC/Oecd; ~amp am mUgges~'
tng as e'~ ~z,a,O, r~ ~ ~a~Zln- - thee
o~ eaoh-~-~nersh~ '"~- ateo~, ~d Beach ~ea each
eUUted copies
7.g. C~ty Att
. Coat=a__ :uPPlem~t=f,. ~=ee~a~
Copy. o' - tS attach .... gree~at ~.1 .. 1 to
o.._ _ ~r. Avl[._~ these m~.:~q to an~ ~2_,'~0- Z to t~- -
from the Wate~ r~d fo~,t~tloa autho~
needed,' ~o fu . ,,,uua~y.- ~'ne
"' aecon~,~e it ~a
a.a. c~'tg CZe=k Worthlng read ~O~z~ NO, 1409,
A RBSO~z~ O~
8-2 7-62
A~gust 27, 1962
WHEREAS, the Cl.~y of. De!ray. Beach, Florida, recently
entered into an agreement ~With B. J. Van Ingen & CO. and Goodbody &
Co. emp'loylng said co~'flpanies to act as fiscal agents for the City
relative to additional financing for contemplated sanitar~ sewer
improvements in an estimated amount of Two Million Five Hundred
Thousand ($2,500,000) Dollars~ and
WHEREAS, said fiscal' agents, in a letter dated July 30,
1962, presented a revision to Plan C, whic~ plan is now deemed by
this cotmcil to be in the best interest of the City of Delray Beach,
Florida~
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Delray Beadh0 Florida, as follows:
SECTION 1. B. J. Van Ingen & Co. and God,body & Co., as
fiscal agents for this City, are hereby authorized and' instructed to
proceed with Plan C, as revised,- for the additional financing of
certain contemplated sanitary sewer improvements in an estimated
amount of $2,600,000.
SECTION 2, The fiscal a~gen~ts will pa~ 4~1' n~ecessary
expenses involved in' bringing the bo~ds ~o ma~dt,' in~t~dJ~ng approv-
ing attorneys' fee, printing ofb. La~ .bo~s.~ ~os.t Of '~g~i.'.ng. and
delivery 'Of same, 9reparation of .'the' 0ff~U~! o£fer~ii~SPectus,
submission to bond rating agencies, 'and 'a.li ~b0~d ~V&~i~i~t£o~ ~ costs,
excluding the ~ee o~ the City Attorney.
SF~TION 3. The City will pay .the fiscal, agents, upon the
sale and delivery of the bonds, a fee equal to Four Dollars and Ninety
($4.90)' Cents ~er one thousand dollar bo~d issued and sold, it being
understood ~hat the aforesa~d fee is pa~ble 0"lY if Said bonds are
sold and delivered.
PASSED AND ADOPTED by the City'Counc!l of 'the City of
Delray Beach, FlOrida, on this the 2?th day of August, 19'62.'
Mr. Woodard moved that Resolution No. 1409 be passed on first
and final reading. The motion was seconded by Mr.. Ta. lbOt and~"carried
unanimously.
8.b. The City Clerk read ~RDINANCE NO. G-457.
AN EMERGENCY ORDINANCE OF T~HE CITY OF
RULES A~D R~OLATIONS ~R ~ USE 0~
THE DE ~LRAY B~ACH. M .U..NI¢IPAL BEACH.
(Copy of Ordinance No. G-457 is ~tt~Ched to and made a .
part of the official copy of these minutes.)
The-re,~$ng. Ad ob.j, ection~s ~o Ordinance No. G-457, said O~dinance
was unan'im°,~,;~s~d ~na ~doPted on first and final reading on motion
by Mr. AVery`= and '~0hdea 'by Mr; Woodar d.
8.c. The City ~anager ~ubmitted to Council the proposed Assessment
doll for levying o~ As'S'~ssments "fo~' ~he,.N; ~; 2nd Street Drainage
Outfall System cost on. the basis-as, established by COUnCil on July
19, 1962. Nr. Warren mo,~ed for approval,.,~f 't~ Assess~nt Roll and
Mr. Avery seconded: the
8.c. City Clerk worth~n~: - r~d., · ORDI~NCE.~ No. G-458.
· -l-e,~ ...... 8-27-62
Aus;usZ ~-7, 1~62
AN OFtDINARCE OF THE CITY OF DELRAY BEACH, FLORIDA
LEVYING THE ASSESS~E~P£S AS SHOWN BY THE ASSESSMENT
RO~J~ SUBMITTED BY THE CITY MANAGER OF SAID'CITY,
~ONCERNING."I~AE CONSTRUCTION OF STOP~4 DRAINS FOR THE
AREA KNOWN AS "STORM D~AINAGE SYSTE~ - N.E.SECOND
STREET O~ALL", AS SHOWN ON STORM DRAINAGE SYSTEM
SURVEY FILE T. F. 1868 KK-I, TOGETHER WITH INSTAL-
L~TION OF CATCH BASINS, MAN HOLES AND APPURTENANCES
IN CONJUNCTION WIT~ SUCH STORM DRAINS, SAID ASSESS-
MENT RO~'~. BEING A~£ACHED HERETO AND F. ORMING A PART
Ordinance No. O-458 was unanimously placed on first reading
on motion by Mr. Avery and seconded by Mr. Woodard.
8.d. The City Cler~ read RESOLUTION No. 1410.
A RESO~.UTtON OF THE CITY COUNCIL OF THE CITY-OF
DE~RAY BEACH, FLORIDA, ASSESSING COSTS FOR ABAT-
ING NUISANCES UPON CERTAIN ~ANDS LOCATED WITHIN
SAID CITY TO ACCOMPLISH SUCH A~ATEMENT AND
IN~ THE COST OF SUCH ABATE~4ENT OF SAID NUISANCES,
AND DEC~RING SAID LEVY TO BE A ~IEN UPON SAID
PROPERTY IN AN A~OUNT AS SHOWN BY REPORT OF THE
CITY MANAGER OF DELRAY BEACH, FLORIDA.
(Copy of ResOlution No. 1410 is attached to and made a part of
the official copy of these minutes.) Spe 22~G, 22~H, ~2~I and ~2~ J
Resolution No. 1410 was unanimously passed and adopted on motion
by Mr. Woodard a~d ~e~onded by ~tr. warren.
8.e. City Clerk Worthlng read ORDINANCE NO. G-459.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DE,.RAY BEACH, FLORIDA, PERTAINING TO THE
ERECTION OF BUSINESS DIRECTIONAL SIGNS ALONG BAST
FIFTH AND SIXTH AVENUES UNDER CERTAIN CONDITIONS.
(Copy of Ordinance No. G-459 is attached to and made a part of
the official copy of these minutes-,)
See 22~
There Deing no objections to Ordinance No. G-459, said Ordinance
was unanimously passed and a~opted on first and final reading on motion
by Mr. Warren and seconded by Mr. Avery.
~.8.f. Request Of Holy Name Society of St. VincenC Ferret Catholic
."hutch for location of directional signs. Mr. WOodard moved that their
request be granted. The motion was seconded by Mr. Talbot and carried
ananimously.
10. City Clerk Worthing read the following letter from the Florida
Bast coast Railway Company, dated August 8, 1962, signed by Mr. H. P.
Hahn, Manager Real Estate and Insurance.
"Please refer. '_to previous correspondence concerning ground
s~ace under lease to =he City by the Florida East Coast
Railway at MP 316 + 5121" ~or parking.
"Apparently the City has installed parking:meters on this
property, from which ~he City receives revenue. The Railway
Management feels that since the City is using considerable
Railway property for this purpose, we should receive 50~ of
the revenue derived from the meters.
"I would appreciate an immediate response from the city, agree-
ing to this proposition in order that a proper amendment may
be prepared to the ex, sting agreement."
-11- 8-27-~2
August 27,
Mr. Avery made the motion to authorize the City Manager to
express the intention of the City to pay ~ of the Revenue from the
City Meters on .the Florida East ~0ast Railway Com~anyproperty park-
ing lot to the Railroad in accordance with their letter of August 8,
1962, and that payment start as of September 1st, 1962. The motion
was seconded by Mr. Warren and carried unanimously.
10. The City Attorney commented as follows: "Concerning processing
of surrendered Tax Sale Certificates, legal opinion from the State
Attorney's Office and my personal opinion deems it advisable to with-
draw certain applications On parcels of land having been found to
be within Government Spoil Areas.
Mr. Warre~'moved to reimburse the Tax. Deed Applicant for monies
paid to the City by said applicant,-amounting to $1,377.51, ~ue to
legal advise from the State Attorney General and the City Attorney.
The Tax Sale Certificates will evidence transfer to the City of
Delray Beach, and the tax and penalty liabilities, relating thereto,
will be held against the properties with the intent to collect same
at such time as the M. S. A. Spoil easements become terminated. The
Motion was seconded by Mr. Avery and carried unanimously,
10.a. Catty Clerk worthing presented bills for approval as'follOWs:
General Fund $58,891.74
Water F~nd - Operating Fund 21,793.84
Specia! Assessment Fund 4,311.01
Refumdable,Deposits Fund 1,779.83
Mr. Woodard moved that said bills b~ paid~,-the motion being -
seconded by Mr. Talbot and carried unanimously.
The meeting adjourned at 9:36 P. M. on motion by Mr. Warren.
, R. O~ WO~THING ,
City Clerk
AppRovED:
MAYOR
-12 - .8-'27-62
PROPERTIES IN VIO~%TION OF ORDINAAqCE G-147
AN~ S~TION 15-3&4 OF THE CITY CODE
cz~
NO~ & Jessie S. 565 ~l~ng~on Pl. ~s 16, 17, 18 &
Hall~rg Chicago 4, Ill. less E 1~2 · 5 ' of Lot
15, ~eat~' s 4
~tavia M. DuPont P.O. B~ 87 Lots 31 & 32, Blk.
Bredin W~mington 99, ~1. Seagate Extension 4
~gbert H. Charon 1005 SO.. ~ean ~v4. ~ts 33 & 34, Blk. 5,
Delray Beach, Fla~ Seagate E~ension 4
Wm. J. B. Pedrick 23Z5 N. E. 28th St. ~t 36, Blk. 5,
~no Bea~, Fla~ Seagate ~tension 4
Harold & Alice 2005 W. Okl~o~ Ave. E 75' of Lot 38, Blk.
Mueller ~ Mueller P.O. Box 401 5, Seagate Extension 4
Cll~trol Co~. Mllwa~ee, ~ Wis.
~as. R. Rlsdon, 23~ ~dge Rd. WS0' of ~t 39 m E 25'
Jr. ~rosse Point Farms, Of ~t 40, Blk. 5,
M%~Ig~ Seagate Ex~ension 4
Mary L. PI~ % - ~wn~er Co. W 75' of LOt 40, Blk. 5,.
~wrence J. Plym Ni~es, Mid,gan Seagate Extension
Har~ M. & Evelyn ~2, The Great Rd. Lots 44 & 45, Blk.
H.. ~itner- PN~n~ceton, N~ J; - Seagate Extension 4
At,ur J. Jr. & Ship's Point W 108.17' of E 315' of
Muriel S. G~s EaSton, Md. N 119' of S 551' of
~t .10, Sec. 18~'6-43
(3-Trim dead li~s over-
haling street R~ ~d
' ' ' adjacent properties.
~. ~yer, Estate 29 S. E. 7th Ave. Lots 33 th~ 38, Blk. 8,
~lray Beach, ~Fla. ~1t Park 4
Ke~eth & ElAm 450 N. W. 9~ St. Lots 23 & 24, Blk. 8,
M~'y K~sell ~lray Beach, Fla. Dell. Park 4
~r~a H. Florer 4 .Gle~rook Rd. Lots 17, 18 & 19, Blk.
Wellesley ~, ~e. 8, ~11 Park 4
~va, Inc. P.O. Box '2085 ~ts 18 & 19 a S%
~'lrayBeach, Fla. of ~ts. 26 & 27,
-... McGinley~osman 4
~ie Hofm~ 5~5 N. E~ 7~h Ave. Lots ~, 8 & 9,
~lray.Sea~, FIa. Ho~'8 8~ Ave. Addn. 4
St. Petersbu~h Bea~. ~ 2,
" " 6, Flor/da Horn' s 8~ Ave. Add~. 4
O=ace Weir 502 ~. ~An~ Ave. ~ 7 m S% of ~ 6,
~l=ay Beth, Fla. ~'s 8~'Ave. Addn. 4
J~Ph W, m ~n ~08 N~ E, O~ Ave. ~ S & N~ of ~ 6,
Con't Page 2
CITY
Katherine W. Sears 218 So. Swinton Ave. Overgrown Part
Delray Beach, Fla. Lot 2, Blk. 63
A. Simon Essa P.O. Box 35 Lots 16, 17, 18,
Delray Beach, Fla. & 19, Blk, 47 4
City of. Delray city Hall Lots 20, 21, 2~,
Beach & 24, Blk. 47 4
Emlling Alpon 2'01 BOStOn Blvd. Lots 8 & 9, Blk, 11,
Sea Girt, N.J. Osceola Park 4
William R. & 443 Second Ave. Lot.s l0 ~hru 14, Blk.11,
Margaret E. Bourne N. Y. 10, N.Y. Osceola Park 4
Oscar B. Sabin Box 93 Lots 15 & 16, Blk. 11,
Tavernier, Florida ~sceola Park 4
Leo & Gertrude 1617 East Stu%rise Bird.Lots 10 thru' 13, Blk. 13
Schagrin Ft: Lauderdale, Fla. osceola Park 4
% Causewa~ Pkg..~
Store
~(~ ' Ft. Lauderdale, Fla. osceola Park 4
Florence A. ,Brown Candlewood Isle Lots 16 & 17, Blk.
New Fairfield, conn. Osceola Park 4
Mrs. ~...../~ lie 7401 West Eight Mile Lots 18 & 19, Blk. 15,
GOl~ Rd., Detroit 21, Mich. Osceola Park 4
F. A. curr~~'~' .~- 128 court House E% of N 55~ M/L of
_ west Palm Beach, Fla. S165' ,M/L of Lot 9,
Blk. i, as shown by
plot of Model Land Co.
S/D of W~ of Sec. 21,
P1.Bk. l, Pg. 128,
lying E of S.
Ave. R/w,sec. 21-46743 4
James Klrkwood, Rm. 402 Professional E~ .of N 330' of S
Jr. .~Bldg,, Sunrise Center of Lot 9, Blk. 1,lying
Ft. Lauderdale, Fla. E of S. E. ith Ave.
S of Alley lying S of
hots 10-15 inc. of Blk.
13, Osceola Park & that
part of Lot 21, Blk. 2,
lying W of U. S. Hwy.
(S.E. 6th Ave.) less
P~w, sec. 21-46-43 4
City of Delray Ct~ Ha~l St. R/W - S.E. 8th St.
Beach/~ & S. E. 9th St. bet.
Sth and 6th Avenues 4
Fa~rfax o£.HolLy? P~ O. Box 534, Lo~s I ~hru
wood Develop. Co. NaSsau, Bahamas Sanborn-Stone S/D 4
% F. C. Muddiman
Con't Page 3
CITY
OWNE. R ADDPd$SS LOT, BLOCK & S/D ~O.D~
Mattie E. Mac~aren Box 604 Lots 1 thru 6 &
Delray.Beach, Fla. Lot 8, Blk. 6,
R~O ~1 Rey 4
Myra E. Shivers 2308. N. E.20th Ave. Lot 7, Blk. 6,
Ft. Lauderdale, Fla. Rio Del Rey 4
William J. Cobb 1215 Sandoway Lane LOtS 1 thru 7, Blk. 7,
Delray Beach, Fla. Rio Del Rey 4
J. I. Deese Box 445 LOtS 8 & 9, Blk. 7,
Delray Beach, Fla. Rio Del Rey 4
Leonard W. & 46 GZ~s Ave. Lots 1, 2, 3, 4, 6,
Is&belle C. Jansen Morris Plains, N.J. 7, 8, 9, 10, Blk. 1
& Lots 1, 2, 3, 4, 5,
6, 7, 8, 10, ll, 12,
14, Blk. 2 a Lots 1,
2, 11, 12, 13, 14,
Blk. 3, & Lots 1, 5,
6, Blk. 4,
Palm State Heights 4
Hillcrest Homes, 940 Lincoln Rd. Lots 2 & 4, Blk. 4
Inc. % Albert Miami Beach, ~Fla. & Lots 3,-4, 5,6, 7
Rosen & 8, Blk. 3,
Palm'State Heights 4
Submitted to the'~ity Council by the City
Manager this 2?th day of August, k962
~IT~ ~F D~L~%¥ BEACH, FLORIDA
WHEREAS, tha City of Delray Beach, hereinafter referred
to as the OWNER, and Russell & Axon, Consulting Engineers,
hereinafter re~erred to as the ENGINEERS, entered into a contract
for engineering services dated the 30th day of September, 1959,
and
WE~EREAS, the ENGINEERS prepared final contract drawings
and con~truction specifications for an activated sludge sewage
treatment system in 1961, the fee for which has h~retofore been
paid in full, and
WHEP~AS, the ENGINEERS submitted a supplement to the
original preliminary report dated March 28, 1962, the same re-
ceived by the CITY on April 2, 1962, which covered comprehensive
plans for the construction of an ocean outfall sewer system with
an ocean outfall line of sufficient capacity (36") to serve the
entire city and contlp~ous areas, a master lif.t station containing
required pretreatment facilities, and the construction of sanitary
sewage improvements in areas designated as 1, 2, B, D, E, 6, 16,
17 and 18,.according to plans, dated October, 1961 revised March,
1962, Russell &Axon, Inc., File NO. 5964-8 and
WHEREAS, the OWNER, at a council meeting on Jun· 25, 1962,
authorized the ENGINEERS to proceed with the preparation of final
contract drawings and construction specifications for an ocean
outfall sewage treatment system in accordance with ENGINEERS'
preliminary report, dated October, 1961, as amended by supplement
dated March 28, 1962, and
WHERKAS, the ENGINEERS made no charge to the CITY for the
aforesaid supplementary preliminary report, it being understood
that all fees due the ENGINEERS under Section I of said contract,
dated September 30, 1959, have heretofore been paid in full by
the CITY, and
WHEREAS, funds are immediately available for payment of
engin~ering fees, it has been agreed by the parties that it is to
their mutual advantage that a fixed fee shall be agreed upon to be
paid to ENGI~EERS for preparation of new contract drawings and
specifications which fixed fee shall be in lieu of the "terms of
payment for Section II" as provided in said contract of September
30, 1959,
NOW THEREFORE, the~arties hereto mutually agree as
follows~
1. That in lieu of "the terms of payment for Section II"
as provided in said contract of September 30, 1959, the fee for
the preparation of final contract drawings and construction
specifications in accordance with the ENGINEERS' preliminary
report, dated O~tober, 1961, as amended by supplement, dated
March 28, 1962, shall be $96,000.00, sub3ect, however, to a
discount of 5% or $4,800.00 for monthly payments mede as work
on~a~h drawings and specifiuations progresses.
2. That the aggregate monthly payments shall be 80~of
the total fee, and shall be paid in &ocordanua wl~hprogre~
estimates by the ENGINEERS as set forth in the following example=
Estimated Progress for Month August - 25%
AmOunt due September 1st -
0.80 x $91,200.00 x 0.25= $18,240.00
3. That the balance of said fee, less discount, shall be
due and payable upon approval of such final contract drawings and
construction specifications by the Florida State Board of Health.
In the event monthly payments have not been made as herein specified
the entire fee of $96,000.00, without discount of any kind, shall
be due and payable upon approval of such final contract drawings
and construction specifications by the Florida State Board of
Health.
4. That the aforesaid fee of $96,000.00 shall include
seven complete sets of the pro~ect contract drawings and spec-
ifications, topographic survey, attendance at the bid letting,
tabulation and analysis of the construction bids, recommendation
of awards, contact with contractors to encourage competitive bids,
approval of the state' Board of Health on contract drawings and
specifications, a complete set of plans, sealed by the State Board
of Health, and attendance at various, conferences with the Fiscal
Agents and the State Board of Health, as well as attendance at
the validation hearings.
5. That the terms and provisions of the contract between
the parties dated September 30, 1959 shall remain in full force
and effect other than as modified by this Supplemental Agreement
No. 1, except that the OWNER shall not be obligated to employ
the ENGINEERS for resident supervision of construction, and except
that in the event the ENGINEERS are hereinafter authorized to de-
sign sewage treatment facilities in other areas of the City of
Delray Beach, the ENGINEERS' fees shall be based on the percentage
fee basis contained in Section II of the contract dated September
30, 1959, and the ~ercentage payments therein provided shall be
applicable; however, the presently contemplated $2,500,000 con-
struction program shall be added to any subsequent project in
arriving at the net percentage fee~ and provided further that
nothing herein contained shall prevent the parties hereto from
negotiating a fee based on a percentage less than that provided
for in Section Ii of the aforesaid contract, dated September
1962,
6. That it is further mutually agreed that in the event
the ENGINEERS ~8~gn sanitary sewer improvements in other areas
than those contemplated in this supplemental agreement, that the
CITY shall still be allowe~ any applicable credlts for the
$4,000.00 heretofore paid the ENGINEERS under the terms of Section
I of the contract, dated September 29, 1959.
Executed this 31s% day of August , 1962.
CITY OF DELRAy BEACH, FLORIDA
ATTEST: ~y /s/ Walte~ Dietz
Mayor
/~/ ~- ~-
City Clerk RUSSELL &AXON, CONSULTING ENGINEERS
ATTEST: ~y... /s/ F. E.. We~em
F. E. Wenger, President
_. /s/ F, T. Osteen, Jr.
F. T. Osteen, Jr., Vice President
Ap~oyed ~$ ~o CorreCtness and Form:
bM /s/ John Ross A~ams
C~ty ~t~Oz'ney
ORDINANCE NO. G-457
A~ FJ4ERGENCY ORDI~ICE OF THE CITY OF
DELPAY BF~CH, FLORZI~, AMENDZNG ORDZ-
NANCE NO. G-455, PERTAINING TO T~E
RULES AND REGULATIONS FOR THE USE OF
THE DELRAY BEACH MUNICIPAL BEACH.
BE IT ~DAINED BY THE CITY COUNCIr' OF THE CITY
OF DEL~AY ~EACH, FLORIDA, AS FOLLOWS:
Sub-section S, Section 7-1, Chapter 7, Code of
Ordinances of this City be and the same is hereby amended
to read as follows-.
"(8) NO Co~ercial photographer shall take
pictures upon said municipal beach
except b~ written permission of the
chief of police, ~xcept that this
provision shall not apply to
preeentatives of news media while
Sub-section 10, Section 7-1, Chapter ?, CO~e of
Ordinances of this City be and the same is hereby amended
to read as follows:
"(10) NO person., firm or asso~l&tion shall
use any ~ortion of the mun/c-~al
beach for the purpose of assembling,
where over twenty-five persons are
involved unless written conse~ has
been previously obtained from the
~hief of police."
PASSED and ~dopted on the 27th day of
/s/ Walter Dietz
_ "' A Y'O "
ATTEST:
/S~/R. D.. W,orth,ing, .
City Cler)c
I~O~I~ION NO, 14~0
~ON O~TAIN ~S ~A~ ~IN ~ID CI~ ~ETT~G
O~ ACTUAL C.~ ~C~ ~ ~ C~ TO A~CO~L~H
S~H A~TE~ A~ ~G ~ C~T O~ S~H ~TE~
T~ CITY ~G~ OF~ DE~Y ~CH~ F~RIDA.
~S, the Cit~ ~il of the
.... ~/~ regular sess~ held on
declare t~ e~stenoe of~a ~ui-
S~ce up.o~ ~e~yai~ xo~s oP p'~oe~ 'of l~d, described in a list ~b-
mitred to them, for violation of ~ p~ovisions of O~In~ce G-~7~
~S, p~su~t to such decimation, the City Clerk of said
City did f~nish each of ~e respective o~e~s of the lands described
in said list with a notice' desc~ibi~ ~e nat~e of ~e hula,ce
t~t they ~st aba~e said nuis~ce wi~ thirty (30) days, fail~g
in which the CiW 0o~cil would have it done, ~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 and neglect to
abate the ~isanoe e~sting upon ~ei~ respective l~ds wi~ the
time prescribed in said notice ~d Ordi~e G-~7, ~d the City of
De~ay Beach was required to and did enter upon the following l~ds
and incur costs in a~ting the nuis~ce existing thereon as dea~ibed
in'the ~o~esaid list~ ~d
~S, the City M~ger of the city of Del~ay Beach, has, p~-
suant to said Ordeals G-~7 ~d t~ City Oh~ter submitted to the
City Council a report ~ t~ costs inc~red.~ a~ti~ t~ nuis~ee
as ~oresaid, said report indicating ~e costs pe~ p~cel of l~d
involved,
NOW, T~O~, BE IT ~0L~ ~ THE CI~ CO~CIL O~ T~ CITY
OF DE~Y ~CH, F~R~A~ AS
1. That assess~nts in t~ individual ~o~ aS sho~ by ~e
report of the City ~ager of ~e City of Delray Beach, involvl~ ~e
City,s cost of abating the ~esaid nuis~es upon the lots ~ p~-
cels of land described ~ said ~eport, a copy. of ~ich ia attached
hereto ~d ~de a p~t hereof,
described on Said report ~d in the ~ts indicated thereon. Sa~d
assessments so levied shall be a lien ~om the ~specti~e
lots and panels of land described in said repo~t, of ~e
nature and to th· s~e extent es ~e lien fo~ general city ~xes and
shall be collectible in t~ s~ ~er and with the s~ p~alties
~d ~de~ ~e $~e p~ovisions as t~ sale ~d forecloses as city taxes
~e collec~Ible.
2. ~at the Ci~ Clerk of said City shall, as soon as possible
~te~ ~e effective date, record a certified copy of t~s ~esolution
~in. the office of the C~rk of the Cl~uit COurt in ~d fo~ ~ Beach
County, Florida, ~d shall fu~ish to each of the o~e~s n~ed in ~d
~pon said ~eport a notice t~t the Oi~ ~cil of the City of Del~ay
~eaoh, did, on the _ llth d~y o~ June, 1962
~rde~ ~e abatem~t of 'a :cer~axn hu~-s~ce' e~st~ oh the~- de~c'~Ib4d
property ~d p~Operty 0~ ~ving laird to abate such n~s~ce,
within ~e 30 day period~ whereupon it was abated by ~e City at ~osts
sh~ in said report and such assessments shall ~ legal, valid ~d
binding obllgatio~ upon the P~e~t2 against which said asaess~nts
a~e levied. This resolution shall become effective 30 days from the
date of ~option, ~d the assessments contained herein shall become
due ~d payable ~ty days ~te~ ~e ~i!ing date of the notice of
said assessment, ~te~ which ~te~est shall acc~e at the ~ate of
pe~ a~ on ~ ~aid portion t~reof.
PA~ A~ A~O~ ~ ~sessi~ on the ~ d~ of
Au~us~ ...... :.~ ~',
.... ~ '' .... '~ '~" .... ~' /s/ Walter Die~z
/s/ R.D. o th ns
COST OF ABATING NUZSANCE. U~D~R ORDINANCE NO.
· ~ DESC~ ~.~ON ~R
J~e 11, L962 lis~
~} 28, 29, & 30, B~. 5, ~rie H. Robertson ~ .~0.~5
~ate ~sion W. G~te=
~-2, Blk. 4, Edgar M. i Florence C.
~a~ate..~tension Tutw~ler, Jr. 5.58
~e~tte. ~ension Gllbe~ Austin 5 · 58
~eagate ~tenslon Robert ~s 5.58
Seaga~ ~xtension W. G!~O~ 5.58
Seagate ~xt~sibn '" :~' ~Na6mi Rlcke~: ...... : 5~58
Seagate E~ension Ba~lew ~td. 5.58
~ 23, Blk, 5,
Seagate ~tension K.E. &' ~lne ~a~s '5~58
~s 6, 7~ ~ irt. pt of
Lot 8, "leSs R~, B~. 1, PaUl W..& Ma~
Sophie Fre~ ' Speller i0 ;'15
E ~ LL of N. Fed. ~, a
~ N, Sec'. 9~6~3
Pa~ of.) Oerl~, 'l~. 8.34
~Park ' ' ' ~derson 8.~
Lot 1., less N 2~~ & ~t 2,
Blk. "C", J~ S. Reid"s Vi11. B~er ~velo~nt Co. 7'.42
wes=~' ~e~of to East ~
l~e Oi Intzau~stal W~ ~wrence J. Pl~ 8.34
S 100~ of 'LO~ 6, Blk. "N?, -.
the=eof ~o East R~ line of
COST O~ &BATXNG NUISANCES UNDER ORDINANCE NO.
~Ot 6 less N 3~0', Blk. "M",
~ereo~ to Eao~ ~ line o~
Jo~ B. ~id*s V~11. Fred .S. Neafie 5.58
~ot 6,
~eatley*s S/D E~ard P. ~ Mabel ~rnard 5~58
J~ B. Reid*s Vii1. Robe~ A. Penton
Lot 4, Blk.' "G ",
Jo~ B. Reid's Vlll. McCarney Holdings, Ltd. 5.58
Jo~ B. Reid*s Vi~l. Harold w. Faulkender 5.58
hots I a 2~ B~."H", Herbert H. & ~on~e G.
John B. Re~d ~ s Vii1. Moffitt 10.
John B. ReLd~s V~11. A~ur W. He~nger 5.58
~=s 4 a 5, & S 1~~ of
John B. Reid*s Vi11. ~yfair M~or Hotel, Inc. 13.~
Jo~ B. Reid*s Vill. Jo~ h. Hicks,
Tropiu Isle & Merkel, T~Stees 14.73
~t 160, Tropiu Isle Geo. H. & Ber~a Wie~lt 5.58
~ 157, Tropic IsLe Earl R. & Eliz~ R. Salley
~t 15~, Tropic Isle Pred & Pe~l S. Goat 5.58
~t IS4, Tropic Isle R~ier D. & Eileen K. oilar' 5.58
~t 153, TrOpiC Isle Fuller M. & Se~ a~ch~rde~ S.S8
TrOis IsLe ~ ~. MiLton was~ 14.73
~ ~50, TrOplO Isle Ward & Ada Florence M~arron
~ L47, TrOp~ Isle F~erL~ P. &
MulLahS S · S9
~ts 145 & 146, ~ ~ L.R. & ~
Tropic Isle g~ards 8.34
COST OF ABATING NU~SAN~ES UNDER ORdiNANCE
PROPERTY DESCRIPTION C~NER ~SSEsSMENT
Lots 195 & 199,
Tropic Isle Melvin Federbush. $ 11.15
Lots 206, 20?, 208, & 209~
Tropic Isle Eugene-Bronski 14.?$
Lots 171, 172, 173, 174,
175, 176, 177, 178, & 179,
Tropic Isle Mutual Funds, Inc. 22.99
ORDINANCE NO. G-459
AN F24ERGENCY ORDINANC~- OF THE CITY COUNCIL OF THE
CITY OF DEr.RAY BEACH, FLORIDA, PERTAINING TO THE
ERECTION O~ BUSINESS DIRECTIONAL SIGNS ALONG EAST
FIFTH AND SIXTH AVENUES UNDER CERTAIN CONDITIONS.
WHEREAS, the City Council of the City of Delray Beach,
Florida, enacted Ordinance No. G-426 on January 8, 1962, permitt-
ing the er~t~Lon of business directional signs along East Fifth
and Sixth Avenues under certain conditions for a perle4 Of six
months, and
W~REAS, the aforesaid Ordinance provided that all such
signs sh&ll be removed s~x months from the date of passage in the
absence of further enabling legislation, and
WHEREAS, the City council of the City of Delray Beach
deems it in the best interest Of the City to extend this privilege
for an additional period, in order' to alleviate a hardship on cer-
tain Businesses in this City and also to alleviate the traffic
flow on certain streets in this community,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DEL~AY BEACH, FLORIDA, AS FOL~.OWS:
Section 1.~. Each business establishment on East Fifth
and Sixth Avenues of this City shall have the right to
one business directional sign to be erected on the opposite high-'
way under the following conditions:
a. Said signs w~ll be of uniform size (8" x 30")
and of uniform color (white O~ green), and the signs
for each block w~t'k be mounted on one pole in the
city right of way at each corner along said avenues.
b. Each applicant will pay his pro rata share of the
cost of making and installing said directional signs,
which amount shall be determined by the D~rector of
Public Works.
section 2. The City reserves the right to order the
removal of such signs upon a sixty day not~ce by ~he City.
PASSED AND ADOPTED on the 27th day of August, 1962,
tO be effective immediately.
/s/ Walter Dietz
' ' '
ATTEST:
/s/ R. D. Worthing
Cit~¥