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09-10-62 SEPTEMBER 10, 196~. A regular meetin~ of the City Council of Delray BeaCh was held in the 0ounc[~ Ohs_re_bore at 8500 P. M., with Mayor Walter Dietz in the Chair,. City Manaser Robert J. Holland, 0ity Attorne~ John Rose Adams, and Councilmen A1 C. Avery, George Talbot, Jr., Georg.? V. Warren and Oliver W. WoOdamd, Jr. bein~ present. 1. An o~ening prayer was delivered by the Reverend P'aul Gess, 2. On motion by Mm. Talbot and seconded by M~. Wooda~d the minutes of the regular meetin6 of August 2?th .and special meeting of September 5th were unanimously approved. 3. M~. JaCk Weber, 750 N'.E. 7th Court, Manager cf Radio station W. D. B. F. informed the Council the%. W. D. B; F. Rs'clio.Station is very hopeful that w~.thin a month they will be broadcastin6 full time and fo~ the betterment":of the public %;. D. B. F. ~¢ould like to Offer that shortly after they' start broadcaStin6 at nig~t that they,.,be' a'11owed~ broadcast direst from th· C~ty Hall the Council meetin6~ 'So that the people at ~om~ will know what the City Government is doits. M~. Ave~-y moved that if Radio Station W. D. B. F, does attain the full broadcast that"the~%¢ant that they be authorized 'to broadc'aS:t the meetin6s live'. The .mc~61on was seconded ,by M~. WOOdard and cerried unanimously. Mayor Walter Diets ~ema~ked that there was a wonderful turnoff tonight and if the radI6: ia goin6 %o" spoil the turnout they would'have to Eet off Of the radio. 3. Mayor D~ets stated'" that thieve had been a petition presented at the last ferules meet'~n~ b~ M~s. W.. 'Thomas Fle~uin~ concernin6 the. Assistant Supervi~ at the 'R~Creation c~nter"and~-~the City Clerk was asked to read a letter from Ac~ing City Mana6er R~ ~,~ Holland in an- ewer to said. petition. "The Honorable Mayor and City Council. "In accordance with your inst~ucticns~ I wish to submit the follow- inE 'report relative to' statements made in s letter presented and read by Mrs. %;. Thomas Flemin6 at the Regula~ CoUncil meeting of August "On August 22, 1962, 'I wrote to the Assistant Community Center Supervisor~ eXPlairnin~ the recommendations of the Recreation visory Board, who, in accordance with the CoUncil,s desire for econom~ ~n, all Phases of the cit~s operati~n, agreed that expenses should be kept to a minimum in the Recreation program;. It was thel~ feeling that expenditu~es at the CommUnity Center.could be reduced by ut~liz~n6 the services of M~. Harold Hanson' as Center Supervisor and allowing h/m the pr~vile~e of hirin~ expert per- sonnel On a part-time basis, when he deemed it necessary. "After beaming the let%er Mrs, Flemin~ read at the Council meetinE, I made a thorough investigation of her statements and the follow- ir~ facts Were dete~mined; "1. The Assistant Supervisor, at the present time, has ~ months mainir~ to .complete her six months probationary period under Service regulations. I might add that Civil Service is not con- trolled by any'form of polit~ce. 'In my inves~lgation, I found'tSar she has done a very. good Job with the Senior Citizens of Beach but is unable to cope with the teenage ~oup.s which represent 90~ of'the attendance at the Co~enunity Center. "2. It is not true that the ~eoreation Advisory Board wants only male supe~visors. ~t the pres'ent time, all the supervisors at the O'enter are wom6n, with the exception of Mr.. Hanson, "3. No 'one is ~efused the uae of the Community Center or ation-in its activities, The statement that a movement is under way to prohibit use of the .Community Center by adult ~oups is false. There has been some discussion that possibly a solution 9-10-62 September 10, 1962 "to the problem at the Oenter would be to renovate a building that is owned by the city, for the use of elderly peopleta activities, there,b.2 eliminating ~,the bickering and complaints relative .to, noise and y~uth acti,v:itiea ,which are a source of i~ritation-to, the elder- ly. g~oups.. "4.A statement was made relative to dogs being alloWed in the building. The Recreation Department is currently sponsoring a Dog Obedience Training Progr,am,~ This is normally held on the lawn outside .the building but& occasionally, during inclement weather, the class has been, permitted to use the gymnasium. "5.The Community Center is not being used as a bab2..sitting operation. The Recreation Advisory Board feels that the Center should be used in cooperation .and in connection with ~he educational program of the various achool~ in this city. However, they~ do not feel that the Center sh, ould be a detriment to the students who should be home stud2ing or attending a regular curriculum of activities pre- pared bY the~schocis,, but should instead, be' used bY the students on their. 'desk,ted "nights out". With this in ~ind, the Board felt that y06th actiVities might be curtailed, to a certain extent du~ing the school year. "6.The s,ta~ement-'th~tl none of the Councilmen or.the members of the Recreation,Ad,,v~SorY ~oard ,, have been to the. 0enter,'in recent weeks is false, The observations contained in this report were made at times when the writer of that statement had no way of knowing whether~%a.n~ mlembers of the. above mentioned gtc.ups had been, could have "b~.~' o~,..intended ,to go .~o the Community: Center. "7.The statement regarding excessive damage caused b~ the attendance of t~e~}.$j/@rs in. the,,bu, ilding i~; exagger-ated~ ..... When based on the perc'gn,$~e, of:,,tee~age astendan~7~ .and .the.. ~0tentiai hazard to ,the buildin~ ~.h;iS; ~.(ea~.¢s~ 'the d~e,l.:~.~,j,;p, ra~tically nil, - . "8.The statement"that '~he Recreation ldv'isory Board i~ not is false. This Board was appoin-ted, b~y, the ,Council ;t'~' act'in an advisory, c~paci,ty to ,.¢A~vestig,at~e; ,~, a~.at programs .and procedures so that ~hE' C~un~. Oent'eff and.?Jthe~: ~:$C',reAtib~.: faci'li~ies ~ay be 'u.~ili:zed .to '.~he f~es',~t, e~$ent.. ' . "9.I found that on two occasions, there have been petitions circulated by 7ounEs.ters ~ask!,ng,,,that a~ .change be ,made, in the personnel-a~ the ¢ ommunit7 ceilte:ri..,/' I :~m. advised., this .. ~as., d:0ne .~ith the co~sen~' 'of thei~ ~a~eh:~s,": Th~eS'e' y~:ungste~.s~ atl-t~-~hi~,'.were being treete~ u~$fai~ly' a~-' ~uais.he.~ f,or/no. ~e'al re~aso~;/L: This:forced ~he y&uths back O~to t~e s'~ree:t'S,.,' which is the ,very ~ng-,we. hA~e: t~ed to' avoid, "~. ~Ou: ~il!'~che.ck the ~ecor.di,~'y°d '~:~1 find. that since Mr. Ear, iCh: ~Was,.:~}p~$ lin~ Charge of' the Cenier, '~h~ ' att~$'~.flance has tncre$~"t'~r~.:~s., ove~ ..~hat of the ~o"monbh Peri'Ed' prior to "The formar.Dire¢,t,o,~,., of .Recreation, at the time of his,res~gnation in J~!7; ,.~eao~b~,~d ~hat~; the opera~ton o~, ~he, Comman!ty 'ente~ and · its piPso~el"be c&bsel~ Studied before Pe~en~_ aPpEi~tme~s made.. "In closings_ may--I, say that neither the Reore~lOn,Ad,visory Board nor ' I! the'¢~nl.t,Y.,0.e~ has .been, 9~ is now, io~troiled by politics. , .~?S';/Fleming'".~.xp~.~$'sed :.her' ,~har~s fo~ the .1-ett~r ~hat .was Just read bUt i~a~ed':thi~,:, ih~-:f,e~t :he~: .q~sti0~S :tiAa .not ~ean answered:, t~, her satisfii}iOn'.' 'She~f~'tg~r:'~iati't. ~hai he~ '"ou and otb%' "o, s e proteCt'lng ttie term~n.a,~Jo~ :e.f.,~he Assi.ata~t ,S, upe~,viao~ of creation and feels that tlle'~'~i~e~ ;ia "a 'ii:ti'ia eVa~'i~'~ and somewhat pre Jud~c~.d and:.: d!eor~a~o~y as well ..as,,. a .lack ,.o~ ,£.~ot.s ..and of adminiit~,til~i"a~:~,j0'~lier~ls:e :wh~',.?ll.o:u~.t~e~'~ have ,.5~" mn the space of app~'Oxtm~'~ely- fOur~e~n"~ontHa.' '~ms. '~lemim~"~he stated t~at .she did not wie~ .t.o take _part,:~n,a cD¢ldish dispute Mayor Diei'g' i~o.ad.'.~s.' '~ll~fl~"~Ha{ he had been at the -2- ~ ~10-62 229 September 10, 1962 Ccmz~Anity House last Friday and observed the largest number of people there that he had ever seen there before and that everything seemed so cordial and nice and that Director Hansen had informed the Mayor that he' wanted the Senior Citizens and wanted them to have everything that they wanted. ~ayor Dtetz told F~rs. Fleming that he wished' her md her group would go and see M~. Hansen, and he believed that ovary- thing would be taken care of. 3. Mayor Diet~: informed the Council and Public that M~. Senior of the Florida Power and Light Company guarantees that lightS' will be all inhabited streets, where people want them, by the end of October unless there is some unforseen emergency. Mayor Dietz t]~xked Mr. Senior for his cooperation. 4. Mr. Warren read the Beautification Committee Meeting minutes of Thursday, September 6th, 1962, as follows: "Members present were: Gladys Little, ~arJorie E~mUl, Peg Bowen~, Clarence Galinat, Wade Cartes, Charles Tgth, George Warren and Btuart Lankt on. '*Minutes of the last meeting were approved as read. "The Seel~etal, y~informed'.the Committee that Mr. Ciccone would not be able to ac~el~t appointment to the Committee. "A letter from the Florida State Chamber of commerce was read. con- cerning the Statewide beautification conference to be ~held-in Orlando, September 21st. "On motion by Mr. Lankton, seconded by Mrs. Bowen, the Secretary was instructed to contact Mrs. Frank Carey asking her to serve on the Committee representing the League of Women Voters. Motion carried. "There being no further business the meeting was adjourned., Mrs. Frank Carey, being present, was introduced. 4.a. A roll call showed that the following organi~zations and repre- sentatives were in attendance~ ~ Seagrape Garden Club Mrs. James Bcwen League of ~omen Voters Mrs. Frank Carey & 5 members Chamber of Commerce Mr. Kenneth Ellingsworth Evening Garden Club Mrs. M. J. Strong Alamanda Garden Club Mrs.' Erickson Beach Taxpayers League Miss Galvin and other members. Palm Beach Home Demonstration Mrs. Victor De01arcq, County Council Pres. Kiwanis Club Mr. Keith Richter Senior Citizens Mrs. W. Thomas Fleming Delray Beach Recreation Club Mr. Raymond Corson. 6.a. The City Manager presented a survey report of alleged Nuisances existing in violation of Chapter 15 of the City's Code of Ordinances that had been furnished by the Fire Department. It was moved by Mr. Warren, seconded by Mr. ~albot and unanimous- ly carried to direct the City Clerk to comply with Ordinance No. ~-388 as applicable to this Nuisance Survey Report. (Copy of Nuisance survey report is attached to and made a part of the official copy of these minutes.)see 250A, 250B, 250C, 250D 6.b. Concerning proposed revision of the lot clea~ing program, City Manager Holland explained that his plan was to~ set up the city_s.in four sections, setting up a program whereby each sec~tion would b~ed separately without a duplication of service and moving from' ~e part of town to another part of town for individual' lets. stated that the lost motion involved now ~s tremendous and that it would take a while t~ get this new program in operation but it would be beneficial to the city. and would also eliminate duplication of equip~ent and would speed up ]~oduction and keep the city clean. -3- 9-10-62 September lO, 1962 Mayor Dietz stated that he felt thmt program would' be a forward step., X. Mayor Diet-. said that he had received a complaint over the week- end concerning a sewer problem a~. d feels that. a city the si,.e of Delray Beach should have an emergency service for the weekend when the City Hall is closed. X. Mayor Dietz commented on conditions at the Community Center iff regard, to motors on fa_ns that have frequently burned out, and stated. that he fait that was not'good Organiz,at!on.. The Mayor further st~t - ed that he th~,,_~ks a public .maintenance dePartment is needed and there are enough employees to work that out, and if the City Manager sets same up it will be a great step forward. X. -City Manager Holland was commended on the quick action he is talcing on_ the problems as they arise such as having a tree trimmed at N.E. 5th Street and Sw~nton Avenue the day af'ter a complaint came that it was a traffi6 hazard, also concerning certain street improve- ments and drainage problems. 6.c. It was reported that it had been determined that Dr. M. E. Buerk will no longer be available as City Doctor, and recoomended that Dr. Jerry Cox and Dr. William Earnhardt at 100~ East Atlantic Avenue be appointed for this servide, it being so moved by Mr. Avery, seconded by Mr. Talbot and unanimously carried, Mr. Warren then moved that a letter of appreciation be sent to Dr. Buerk for his. many years of services as Health Doctor, signed by the Mayor. The motion was seconded by 2~r. Avery and carried unanimously. 6.d. M~or.~ Di~etz: "Discussion c oncerning proposed share the cost ~ beach plan. "~ Mr. Worthing: "Gentlemen, this item was placed on the agenda At the request of Mayor Dietz." " Mayor Dietz: "There has been much said about a beach plan and what has been written hasn't always been exactly what the plan suggests.. However, like anything else in a community, before a community can take certain action, there has to be a certain amount~ of interest that warrants such action. I see that Miss GalVin is here this evening. I wonder do you have any information on the poll that the Beach Taxpayerts League took on the plan as it was submitted~" Miss Galvin: "I~m~raid I do." Mr. Warren: "I beg your pardon, Mayor, which plan? The one. that we hav.e in our hands tonight or the one that you spoke of. six weeks ago." Miss Galvin: "May I answer that, ~lease Bit. The Beach Taxpayer's League sent out,a letter on July 18th which was on Mayor Dietz first plan, but we said in this that we were--the Beach Taxpayerts League is sending in this: let~.ervthe Mayor's p~n to .,all p~operty .owners east of the ~nland WaterWay, 'The League~s Executive Committee hopes that you will e~dor~e ~ow ~m quoting, £rom thAs, tetra.r) this plan in ess.enc,e~'.~y' e:lg~ng ~n~ mai~$~.ng. th~ tea~,~.$hee~ aS the 'bottom of this 'lette~.' 'we'-f~il~ ~ei~e ~are ~!~'~ba'bl~ be' charades made in this pl~a~,,.j, ohaDge: ~n c~'s'$~,.£09' i~.ent.ik.~A?n cards~ eot., but it will:, bee S'~ in the 'right. ~ireCtlOn to.~.~ee~rict the Beach of Delriy~each~' D0ea that aDS~er'~our queati~ni,Sir?" - - Mr. Warren: you se d a c'o y"o-f Mr. i.t...riginal with Miss .Gal~ih., ,,~s, k..~.w$, said t~a' t we ~g~ee,d wi-th it..in es. genoa, the% We.~.~.~l~r~."~'e~. tl~ePe WOuld-be ~s-mad'e., '.Now, we':sent includeg..p_~en~s a~i~acant prcp~ert~.., At-:~ls time of the year in July an~ 'A.~t'.We, r~e '~tl'~:$ ~St of the P~ople who own proPerty East e~,,.~ths .w~ez~',~F~,,:~x~ep~, t~e fewof us-~ t4at. a~e, living, the~e permaner&tl~' ~',~. ~&a~ r.~', ~i,a~e ,sjc.atte~ed t.0:. the'f ou~, -corne~s. of .the world.r T~9~' ........... are on cruises,,' they,are ln.,S~rope, they a~e her,e~ they a e there and ~hey are all over on vacation, but we have received -~- 9-10-62 September 10, 1962 "199 answers stating that the people are in agreement with Mayor Diet~z~ plan. in essence, as we said in our letter, and also we put on that ti wish to suggest that definite geographic limitations be established for the PRIVILEGE CARD-HOLDERS. t That' was the plan at that time. There still is a certain plan~for people 'outside the incorporated village or City of Delray Beach. We~have received 5-'-there's the five people that do not agree with~us. Thatts perfectly alright. Thatls what makes a demoCraCy. We also had one of the five say the plan stinks. I thought we wrote a very nice polite letter in good english,~ but that:a that. NOw, I believe that the.new plan.has been discussed. There seems to be in reading the newspaper', I would say, a l'ot of misunderstanding, in.this morningls paper a gentlemen wrO'te and at the end, he also thinks it stinks, but he said we are in the process of buying a house with a rental but we are holding off until the Beach business is settled. If our guests have to pay for the use of the beach. Now I .believe that statemen~t is in error because ~the people in the ~town who pay for the identification w~ll receive that as a credit on their taxes. Is that Understanding correct, gentlemen?" Mayor Dietz: "On the NONTRANSFERABLE identification, that is correct. Not for the TRANSFERABLE identification," Mr. Avery: "Mr. Mayor. Accordir~ to her ques~ion'that thei~ guests would have to pay. Is that correct?" Mayor Dietz: "I presume she would pay for them." Mr. Avery: "She asked a question.'' Miss Galvin: "No. No,~I think you are wrong on that Al. If a person has, wetll say either three units or one hundred units, Itm talking that way because of hotels." Mayor Dietz: "I see you are talking of motels now." Miss Galvin: "Motels, hotels, apartments, duplexes. Now when the owner of that property who pays taxes in the corporate limits of the City of Delray Beach comes up to the City Hall and gets identification cards for his renters or his guests ~in his hotel, he gets a tax credit on his tax bill." Mayor Dietz: "No. Those are transferable identifications. If an identifica$ion is used by more than one person, it cannot be used to reduce ta~es." Miss Galvin: "That is what I wanted to find out, but that will be a charge of presumably $1.00." Mayor Dietz: "~1.00." Miss Galvin: "Yes. Now we have also made a survey, if I may ~ake the time, of towns in Illinois, Evanston and Waukeegan. Towns in Long Island..Oyster Bay you have to be 'a resident of six months before you can even apply for a tag. That's the way they have clamped down. We do not do that. ~The other'towns---I believe our main problem here is that wetve always had a beach. Florida has been God's gift to civil- ization. I,ve been in Florida for 28 years, 27 in Delray Beach. We are not used to the fact that the population of Florida is exploding and there will come a time that the Beach will be of prime importance and we will have very little Of it. ~n yesterday's paper, I don~t know how many people read it, the Bowa~d County which has 10 and 1/8 miles of Beach in the County, of County Beach, wants to buy more beach because they realize how Broward County is growing. Palm Beach County has made a survey. .A Palm Beach County survey reported each beachite should be allowed a minimum of ?~ square feet to sit down on. That will b~e 7~ by 10 feet. Stretbh your arms.out yoU've~almost got your ten feet that way, and you get bu~ied in 6. feet so 7~ feet in length is nqt too much. Web,ave, .~taking our volleyball court out, Just about 5,000 feet of bea~~ We cannot definitely tell you the width because We have a~-hi~de and iow tide and according to how we~ve had northeast breezes and. it touched the beach at times, but I would say conservatively that we ~have always at least 60 feet of depth of beach for people' to sit On and~Xie on. 60 times 5,000 is 300,000 '$' 9-3.0-62 September 10, 1962 "square feet. Lf you divide that by the 75 square feet that the Palm Beach. 'C ounty survey recommends, that giv.es you 4,000 people. West Palm Beach has 55,000 p~ople and no beaCh. Boca Raton .has 450 feet of B&ach of which they lease 200 feet. Boca Raton is growing. They are talkir~ about buying beach, I d'on:t know when~ they will, plus the fact that we have the only beach with one'~m/le of. walk and probably the best beach, we might 'as well stick out our ches.~s for that, we know we have. Lake Worth. has r.ocky beach and we have people come down from there. How much longer are we going to be able to accomodate our own people? That is one of the reasons why the Beach Taxpayert. s League is. ~n favor of some plan to keep Delray Beach for the taxpayers of Delray Beach and the nearby shopping area. I think that'ts the best way to put it, because there are people that are nearer Delray than they are to Sh6pPlng areas in their own towns. I .want to go back one more step...I have been here for 27 years and for 27 years I have been fighting, camp~igning as an individual, before the Beach Tax- payerts League was formed in 1948, trying to get the Beach in Del~ay Beach for Delray Beach. Thank you gentlemen.'' Mt.Avery: "Mr. Mayor, since Miss Galvin read .a statement there, I~ve heard so many plans Itm so ccnfused I donlt know which way is up on this thing anymore, but she read a statement by a man who said they were holding off buying a residence-until he found out whether his guests would have to. pay to use the~beach. Now on this last plan--- you brought the question up so I need an answer in my mind on this last ~lan, the last plan I know about. If I have house guests or any person in town has house, guests, they arrive on Friday evening, Itve paid mine, it,s reduced from my taxes but I~ve got to. have identific- ation for my house guests. Does it mean that they have to be a---I have to run and get .tags for them, identification for them, for my house, guests, ,to go to the beach, ts~ that right?'" Mayor Dietz: "Mr. Avery, there is so much confusion that I would like to explain the plan and then answer your .~uestion, because by answer- ing a question it gets somewhat confused. Miss Galvin: "IId like to sit down. Do you gentlemen want .these to look. over~" Mayor Dletz': "Thank you very much'. That is a rather adequate express- ion of those particular people that live East of the Waterway." Miss .Galvin: "At any time .thatyou want these they will be on file a~t my office as I am President of the Beach Taxpayerts League. We even have the envelopes." Ym. Avery: "I~li take your word for it." Mayor Dietz.'. "Thank you. Now the beach plan is very simple. I~ts share the cost. In other words we have a beach and it seems only fair that those~ using the beach share the cost. The cost of .the beach is $60,.000.00 a year for this ~.budget year, and it has been less than that in previous years. This' Plan .is f. ree,.t~the taxpayer as far as 'he and his immediate family are concerned. The maximum-that anyone in Delray could .'pay, the ~most that anyone,.~in Del~a2. could pay, would be $3.00. What they probably.will pay is. $1.OQ ar~i ~f this particul~person happens to be a taxpayer, then i~.~ill .be zero because he wall.use the $3.00 ~r the'$1..O0 to reduce his real estate taxes. I.f he is a renter and doesn't pa~ taxes then of course he cannot reduce his taxes, thus the maximum charge .would he~.$3~00 f~or the year or $1.00 for the summer season. ~The hotels and mote'la ~e Standing..a very good share of the cost of the beach right now. ~hey, .ho~ever~ would get identifications for their guests and the .case of the - , hoWe'-many guests Mr. Talbot in your' establishment?" Mr. TalbOt: "It Will vary from~time to tim~, I expect I would.require 50." - ~, M~ayor Dietz: "Well, in the case of the Tarot House, ~.if he w~uld have ~0 identifications for the ~winter season t~t w°~ld cost him $50.00. That could not be aPptiedl~agatnst redUC,ing'~xea, He's al~ead~v na.vin~ petty heavy for the upkeep of the ~beacI~. ~wis~ motels or rental · units would pay $1,00 ~e~-~uest identificat~nd these identifications -6~ ..~ 9-10-62 Septemberl0, 1962 "woul~ be transferable. At, one particular season you.have only three identifications. ~e $3.00 one.which is annual, the $1'.00 one which is a guest of a motel or a guest of a family and the $1.00 one for the season if it is summer, so the colors are very easy to separate. We do not propose a fosse or anything on the beach. We want it to look as nice as it looks now. The colors will be such that you can see.- You won't violate any bodyts rights by asking him who he is or any- thing else. If he has his identification he is identified. If he hasn't any identification he will be asked to leave the beach or ex- plain why he didn't. There has been a lot of talk of the cost. The cost is free to the taxpayer and his immediate-family. Children under 12 are fee but they must be accompanied by an adult, identified. Just to the south of us, one of our neighbors has Just passed an ordinance that probibits children under 10 on their beach unless accompanied, and we have i~ right on our own beach, children 6, 7 and 8 brought there and left-the~e all-day long. Thatls not good. Not on an ocean beach. So that we figure that 12 year olds, they come accompanied by an adult. Over that an identification is required. Now suppose that there were a family, a man and a wife and two children over twelve. The identification would cost $12.00. When he pays his real estate tax he would include his receipt for $12.00 and so it costs him noth- lng. If that same farmilyhappened to be a rental family, then of course they have no taxes that can be reduced and consequently there would be the charge. When we originally put this plan forth,- I shouldn,t say we in this ease, Itd better use the I. But each time it was presented to different orgarnizations, whatever was objection- able was removed and the plan was finally refined which is the only way that I know how to do it, to where at the last presentation it was very favorable. I might say that the minute Delray would adopt this, if the Counci~ sees fit to do so, Boynton Beach will also. I mention that only because it shows itts not something that our neighbors are ccnc-emed against us about. Quite to the contrary, they think it isa very fine plan. Now we want to be good neighbors and we dontt ~ent to soak our neighbors either. The, average home in Delray pays in taxes now, and I hope the press gets this, that,s iD. taxe~, something they already pay. The average home in Delray pays about ~15.00 in taxes toward the upkeep of the beach. Now if that is true then we shouldn,t ask more nor less of our neighbors, so we say, in this plan, if you live in the County or if you live in Boynton or if you live in Boca you are still subject to such restnictions as the Council may, in their wisdom, place on the plan. The fmmily, that pays the $1~.00 like our average family pays here in Del~ay, no more, no less, is then privileged from the standpoint of.the beach-to purchase identifications Just as a Delray citizen is able to.purchase them. In that particular case, however, they are not taxpayers and consequently it would cost them the $15.00 for the privilege fee plus $3!00 if it was an annual identification that they wished, or namely~lg..00 for the individual or $15.00 plus as many identifications as that particular family re- quired and they would be sharing the cost of the beach, and they would be sharing At at the same price that our own citizens are pay~A~g. I have yet to contact someone on the outside.who is in that situation, that'.hasn,t said that that was very fair. Now as for motels and hotels and rental units in the county particularly, they have grown up and come~into~existence due to the Delray Beach. We do not wish to do anything that would hurt them, consequently, as a privilege fee to them we ~ay~pay $1~.99 per thousand cf your assessed county val- uation and ~o~ the-nw~l~be eostributing to the upkeep of the beach Just as our ,w~hotela ~ motels do in their taxes. This isn,t a special payment by our local hotels and motels. They already pay that in their taxes, but. for the hotel~ and motels and rental'units outside of Delray they woal~pay this' privilege-fee and then' they would be able to purchase idemtificationa as~ they require them. ~This will'be a source of income and it will be~a source of control. With ~he fine beach that we~ve had and the fine beach that it has been, but condi- tions are changing and Florida is gettin~ more crowded and more crowd- ed, the upkeep of our beach isbound to increase and if everybody from the outside uses it,~it is bound to increase at a much greater rate. This plan is limi.tl~ yes, but it's not discriminatory. It limits but it,s not disc~imAnatory. This is not a plan:or a device or an instrumentality to~revent~eithe~ white or negro from using our beach because unde~ my plan here every negro citizen in~D~lray has exactly the same right to attend the beach, he paying for his identification, Just as I myself have or as you people have. We don~t mean, I hope, -7- 9-10-62 September 10, 1962 in the future, t~ have a double standard, on our beach. Two ~weeks ago white-women undressed on. our beach. NOw, I wonder what is the effect on our ~negr0 if they would see white people undressing or~~ the beach and they were told that thatts not good decomuu. I think that under the beach program the white and the negro must ben, treated alike. Th~ decorum for one is the decorum.fo~ the' other-'The~e i~ only tl~ee thi~gs that you can do. You can either 'say that we dontt need a"~eachptan and do nothing. Thatts one choice. You can go. along with. this:Dian. That,s a second choice.~ O~ you can go along with some other plan, but I haventt seen one yet/ and that would be the third "oh~ioe. That is all that can be done. Now most of the res~$anoe.that I have met:has come from the merchants.. 'I .Just wonder if the merchants have given this their thorough thought and have thought about' everything'that pertains to' them five~years from n°w or ten :yea~s from now or a year from'now.: If nothing is 'done on our beach 'it will still be a nice beach, but as restrictions are .put north and aouth~ and~all!pUbltc beaches in Florida are going to be restricted, then ~ou will find that a lot of people from the North will come to De~ray~ a. lot~f people from the South will come to Del~ay, and you dc~'~t know Just how' crowded or what the situationwill become and it could easily be seen. I can see it, very plainly, that you might have people using the beach that will spend even less in Delray with the merchants than the people now do; I maintain that very few of them spend anything in Del~ay. Now, this is a matter for the people to decide. The .beach belongs to the City of Delray Beach. It's the property of the City .of Delray Beach, notwithstanding a lot.of the folks.law that has come along over the yea~a, Td~ere is no legal reason .in the World why we cannot have a shade-the-cost beach plan. None whatsoever. However~ this evening at the Council meeting the Counselor presented tO us the question of the legality of referendums, It seems that 25% of the people can for referendum but according to. the Counselorts memo, .andit is Pro- bably correct, the Council does not have the authority to ask for a referendum, However, I feel that the Council does have and I have asked the City Attorney to write,to the.Attorney General .tomorrow so that we might get an opinion from as to whether his Council--- this Council has to act'''if 25% of the citizens hand this Council a petition for a ~efe~endum, this Council must act on that referendum according to Cha~ter, consequently, if this. Council represents the ' people then the Council should have the authority to ask for a ferendum, but that point la not so clear. The Counselor does feel though that a straw v~te at elec'tion time would be in order because that is not using any of the funds'because you have the election. I think, it would be a shame but l~e~haps it might have to be, 'that this matter might get caught in :the swirl o1" politics and .that maybe ~hat is best for Del~ay might be lost from the vision of the People. But, nevertheless:~ we' can have it on the December ballot. I would have liked to have it o~ a Referendum on October 23rd becauee I felt that was before ottr .primary elections and campaigning got under~ay. The program would stand, on it,s own feet, 'on itts own merit, A lad~ called me this afternoon, A Mrs. Eleanor Slaton, said she works for' one of the Doctor. S, ll5' S. Swinton Avenue. She had read the morning pap'er and she wondered if we hadntt given some consideration to people in her cats-gory,: a widow with two children, whose meahs are limited and I said~ ~my goodness a dollar wouldn,t be too much~,' and she. said, ~donr~'be ridiculoust. I'said twhat do you mean?.iThat~s what it would be:for you,' a dollar, because you said you .wanted to use it in the summer monthst. She said ti would have no complaint whatsoever on thatt. I think, as the people think about sharing the cost of the beach and they. will see that it is b~d for one group, to'pay'for all the maintenance and then everybody North' and ~South come and use it free. Now I would like to .answer Mr. Arc, yes question specifically. Mr. Avery, if you ~and your wife wish to use' .the beach the year round, . you would buy two identi£1cationS~ at $3.00 apiece, that'would be a total, of $6.00, If you own your own hOme.then y.0u are'paying real estate taxes, and I know that you do., then that $6.00 would be used to reduce your real estate taxes so that.:you and your wife woul~: be using the beach free of charge,. If you had two guests you would have to buy two gues~ buttons Just as the motels, do. TheyWOuld-be a dollar apiece. They would be transferable' and they would be us.ed by your guests for the six months period in 'which they were bought, Just as the hotels and motels, so that it would cost you $2.00 to have twd guests from New. York o~ someplaCe uae the beach with you, It would." -8- 9-10-62 235 September 10, 1962 Mr. Avery: "What worries me about it, Mr. Mayor, is that a home in Florida is a magnet. I declare there are people come that I---they never visited me in 'Greensboro, N. C. like they visit me in Delray Beach, Florida. Now, I tell you Mm. Mayor, ~I have been---Itll bet ~hat in the past year there have been 100 people .that have dropped by casually, WOuld be going through, but would be c~'amy to' hit the beach, so I haventt got tags for them. I brought two. Itfs Friday night., the City Hall is closed and I say I~m sor~ry, go on down to Lauderdale if you want to get in the Ocean because m can't get you in this ocean. This is what worried me. Thatts the reason I~m so confused." Mayer Dietz: "That's not correct, Mr. Avery, NO. Let me read, be- cause youtve made an incorrect statemen~t. There is a provision that ~hen the City Hall is closed on Saturday and Sunday, one of~ the life- guard stations would be emp~owered to issue. ~i~st identifications so hhat there would be no problem in which guests~ coming suddenly could not be taken care of. That was one ~f the points that was ~aised at the Civic League meeting~ out in the Western sector of town and it is a par~ of this Ordinance." Mr. Woodard: "Mr. Mayor, before we get further on in the discussion of this,having brought up the subject of the advisory opinion Of the City Attorney, I wonder if we might have the City $1erk read that adviscry~ opinion so that the audience will know more in detail Just ~hat is involved in that particular opinion." City Clerk Worthing stated that directed to the Council is the Ad- visory opinion of the City Attorney J. Ross Adams and read the fo llowing: "This opinion is being submitted to you in an attempt to anticipate certain questions which are likely to arise in connection with the propos~dc~Beach Restriction Ordinance. My conclusions are not necessarily final, however, I feel it is advisable to present some of the problems of submitting Such a question to the vote of the people of this City. "As an introduction, I would, lke to cite some general rules as to the purposes for which elections may be called. ~Municipal elections serve many purposes. Most often they are employed in the choosing of the municipal governing- body and other officers; Municipal elections may also be involved in the approval of a new charter, a change to another form of government such as from commission to manager plan, the issuance of bonds, an increase in municipal indebtedness, the acquis+~tion or establishment of a major improvement, annexation, consolidation, and a variety of other purposes provided by law, In this connection, the requirement or authorization fo~ the holding of an election must generally be found in som~ constitutional provision, statute, or charter, for there is no inherent power in municipalities to hold elections$ indeed submission of a question to the voters by a public agency, in which has been vested power to deal with the · question but no authority to refer it to the voters, may constitute an unlawful delegation of power.' ~unicipal .Law - Charles S. Ryhne - Sec. ? - 1. "And to quote from McQuillan on Municipal Corporations, Section 1203; ~Where there is no statutory authority for the submission of a question to the vo~ters, such a submission by a public authority clothed with power with ~espect to the question submitted constitutes an unauthorized redelegation of de- legated power, and the decision of the voters is not con- trolling or binding. But a contrary rule prevails where there is statutory authorization~for submission of the question. ~ "If the Co_uncil should decide to eubmit this proposed~ ordinance to a referendum of the people of Delray Beach, one obvious disadvant- age would be that an ordinance so adopted could only be amended or repealed by another referendum vote. This problem presupposes that -9- 9-10-62 September lO, 1962 "such a question could be legally submitted to the~people for a referendum election, which my research to date would indicate w~uld be illegal since it would constitute an unlawful delegation cf authority. We have a charter provision relating to referendum elections, however, in my opinion, it relates to only those elec- tions resulting fp. oma Petition for Initiative and Referendum, .and, of course, those elections which are expressly provided for by the legislature in various legislative bills. "The alternative to ~a referendum vote is a ~straw voter which, as you know, has no binding effect. Our City Charter contains no express provisions granting authority to hold a ~straw vote~ and again I am inclined to advise caution. During the past week I have discovered an unreported Palm Beach County Circuit Court case which seems relevanlt. The case was not appealed to the Supreme Court and, 'hence, was not reported in any law books which would be available to a practitioner. I happened to investigate it from a newspaper account that I read earlier~ in the year. In this case the Court held that the City of Pahokee was without authority to spend public funds in the conduct of a Istraw voter ballot election and that such expenditure on the part of the city would be unlawful. 'The effect of this case, in my opinion, is not that a ~straw voter is illegal, but unless the city has ex- press authority to conduct such an election (which Delray Beach does not) the expenditures of public funds for such an election would be improper. "As stated previously, this case does not have the effect of one which was decided by the Supreme Court, however, six, ce it was de- cided in this County, Xt is very likely that the Judges in this circuit would adhere to the ruling.. There are two ways of cir- . cumventing the effect of the ruling. "1. The election or vote could be ~ield in conjunction with a general election in this City and, therefore there would be no expenditure of public funds for the vote. "2. A private individual could agree to finance the vote. This was done in a recent ~est Palm Beach tstraw vote~ election re- garding the location of the auditorium site. ,After the Council has decided which method it wishes to pursue in this matter, I will be happy to do more research on the above problems, however, I have done quite a b~t to date, and 'I am fair- ly certain that the contents of this letter accurately express the applicable law." Mr. Worthing: "Your Honor~ I wonder if at this time you might care to have two communication read which are directed to the Council and which I was requested to ?cad at this meeting concerning this issue. The first is addreS'sed t.o the members of_ the. City Commission, dated September 10th,qu0te: * ~ee page 23 for'~p-ement to "As scheme owner and taxpayer of Delray Beach, I wish to go on record as strongly opposing Mayor Dietzl plan to restrict use of the public beach by charging a fee for its use. I would also oppose any council act to put the matter to a referendum vote as a direct violation of Section 188 of' the City Charter which reads: 'The city council shall not in any manner alienate from the public the Public Beach Or any parb the.~eof, of the City of Delray Beach, Florida. ~ Certainly a decision to ask voters to decide on a fee plan for use of the beach is the first step of an act to talieL nato from the public the Public .Beach. "Mayor Dietz~ plan to restrict use 'of the beach would seem~to b'e based' on two ideas: 1, that the beach is overcrowded, and 2, that the cost of its upkeep should be born by more people. "First, as one who~ea to the beach regularly, it is my opinion that the beach is not overcrowded at any time and only, during a few weeks during t~'~--height of the season, over the weekends, could it be construed to be crowded at all. ~10-, 9-10-62 237 SePtember 10, 1962 "As for point number two, the Mayor continually refers to the $27 portion' of his tax bill that goes to maintain the public beach. His taxes might be based on an assessed valuation of $50,000 for his home while mine might be based on a valuation of $15,000~ Thus the mmyor Would also pay more taxes for schools, although he might not have children in them, for the maintenance of the libramy, par ks, ball fields, recreation center, etc. Nhy is it that he objects only to the cost of maintaining a public beach which.is the greatest asset a small tourist community can have? Why not object to the coat of maintaining all the other public facilities the town offers the public--a public which includes residents who are not property owners as well as those who are? "It should be remembered that res.l~ents who do not ~wn property do pay taxes -- utility taxeS, cigaret taxes, etc., -- as well as - earning and spending their money in the town. They are entitled to all the privileges of citizenship that 'those who own property are, ~ith the exception of voting for~ bond issues which will be financed by revenues received from property taxes. They are not second class citizens because they do not happen to own property. I't would be grossly unfair to the thousands of these citizens to tax them to use the beach and not tax the homeowners. "It would also be unfair to think of having a referendum of free- holders only on this question and not allow these people to vote on a matter which will directly affect them. This would be like letting all the Smiths vote to put a tax on all the Browns and not letting the Browns have anything to say about it. "Furthermore, if residents who are not freeholders should pay to use the beach, why should they not also be forced to pay to use the libramy, the parks, the recreation center? They all cost money to build and maintain. "The whole idea of a restriction,'Of this sort is contrary to the concept of an attractive hospita.%~le resort community which assume is 'what most of us consider Delray Beach to be. While other communities encourage, visitor's and adve~tise their facil- ities/Del~ay Beach will turn anyone away who'has not gone through the rigamarole of getting his button to use the beach. I feel that we should encourage the visitor who is staying in Boca Raton, Boynton, Pompano or Ft. Lauderdale to try our 'beach and get to know our town. Perhaps next trip he!ll stay .here. That,s what our whole Chamber of Corm~erce advertising program is trying to do, is it not? Why do we want to make it difficult for visitors to use the very beach we are advertising in Holiday magazine? In Sunday,s Miami Herald, a story about Broward County trying to acquire more public beach brings out the fact that they encour- age visitors f-rom mighboring communities to use their beach fac- ilities. Naturally~ they do, then they shop in their stores and dine in their restaurants. "The only kind of restrictions needed here are a continuance of the high quality of building and zoning that makes' De]ray Beach sub- stantial and attractive and a civic atmosphere that makes it distinctive and inviting." Mr. Worthing then read the following letter to the Honorable Members of the City Council, dated 8'eptember lOth, from 0atherine E. Btrong. 'PAs a citizen and taxpayer I wish to express my' strong'~opposition to the Beach Plan Mayor Dietz is proposing, for the following re as OhS .~ "I believe the plan to be in direct violation of the Cit~ Charter which you members of the City Council swore to uphold. (See Bec. 188 page 79). "Many persons to whom I have spoken feel this plan would cause our city to be known as the ~unfriendly city'. "For many years I have paid taxes for the maintenance cf various recreational facilities which I do not personally use. Never have -11- 9-10-62 SePtembes 10, 1962 "I begrudged one dime spent to make our citY more attractive. This I believe i~ the duty of all good citizens.' "Should the Council vote to hold a referendum I' feel it only fair to advise that I shall bring a taxpayers suit to forStall ~this action. "I sincerely hope the City Council will vote against holding s ferendum on the Beach Plan." Mayor Dietz: "In the first letter, ~I understand we do charge our. neighbors for the tennis, the shuffleboard, and .the libramy. As far as alienation is concerned, my plan would not be alienating the beach of the City of Delray. Beach. To ~l~nate a beach is to 'dispose of that beach. You can do anything with that beach that you please, You could even lease that beao'h out if you 'so wished and not alienate it as long as the ~itle. itselT is not Passed..So that. again~we are going to find people for this plan. You a~e going to find people not for the plan, but the plan ought to be considered by the maJ6rity of the people and .if the majority of the people dontt wish the Plan, goodness knows Itm not one to try and force it on them. If the majority of the people feel that they need a plan then they should be entitled to such a plan. Is there any further discussion before I make a motion?" Mrs. Helen Voit: "I had hoped to come and not speak this evening but I feel that perhaps. I-can be a little helps' Itve had some experience with both petitions, and referendums. I~wonlt try.to"be legal about it because Itm not an authority on that basis, however, I do feel as I believe the Mayor feels that whether or not we agree on his plan, I agree that everyone in Delray Beach sh'ould have an opportunity to vote and I think that since this question'has been raised we cannot Just drop it. We cannot Just sweep it under the rug. We cannot Just not vote on it. Now I would suggest that the only fair way and cer- tainly cum responsibility and the responsibility of you gentlemen, it seems to me, would be to see that every voter in Delray Beach and every taxpayer, in Delray Beach is pr, emitted to and.urged to vote on this entire thing~ Now~ in order to do .that, as I understaud it, the best thing would be to have a group such as Miss Galvin's Beach Tax- payerl~s League start this Referendum and that'would make it p.6rfectly legal and then you would have it printed three times in the paper, or whatever it is,. exactly what you are'voting on so~ that everyone would know and every voter and every taxpayer would vote either absent vote or in person. I think this is terribly.important. Now, I am not going to s,a,~ what I .think of the plan but I think everyone must vote. Thank you. Bill MoLaughlin: "John, can every tarpayer vote in this town?'" City .Attorney: '~I think you have to live here a'~yeer in the State'cf ~lorida and six months in the city or c'ounty---city." Mm. McLaughlin: "That,s right. ~very bax~oayer ~annot vote in this town. No suc'h proposal as that certainly." M~s. Voit: "Every qualified taxpayer." Mr. McLaughlin: "No. There is certainly any number of people in this town who own pro~.e~ty and pay taxes who don~t belong here as voters. They lire'up ~No~h~~ (ther~e were comments from the audience) Miss Galvin: ~The only pse~le that can vote in Delray Beach are citizens of the' state of Florida. Now when we ~have to have---." Mm. McLaughlin: "You Just made a mis-statement too." Miss Galvin: "Alright Sir. 'Will you corree~t me please." }~. McLaughlin: "You have got to be a qualified voter in the City of Delray Beach in order to vote here." Miss Galvin: "You have to be e resident of the State of ~lortda in order to be a qualified voter to vote in the City of De]may Beach. Yes Sir." 239 September t0, 1962 Mr. Mc Laughlin : "No. Now wait. If. semen.one in Tallahassee owned a piece of property in Delray Beach they would be a Delray Beach Tax- payer" to which Miss Galvin answered "yes" "0ould ~hey vote in Delray Beach?" Miss Galvin: "You have to vote Where your legal residence is, sir." M~. McLaughlin~ "I Just said Tallahasses." Miss Galvin: '~Alright, that Dertains all over the United States. If I am living up North and I have my residence in Del~ay Beach, I have to get an absentee ballot to vote in Delray Beach. If my residence is up North in another state or my legal residence is in Tallahassee, Florida, because nowadays we have transportation, fast transportation, and people own property in ten states and they cannot vote in ten states, and they have no. legal~eo,ourse to vote; Am I correct on that sir~ Alright, so you not only.---there is no such a thing as a citizen world voter anymore. We travel around-too fast and in order to do it the law says that you have to be a resident of a State to vote and in most states, I know in New .York, you have to be a resident of a year in the State.and I believe six months in the County, and the same thing hol~ds good- down here, so that nobody, in any town, you .cannot have 1005 voting of your taxpayers or even your residents in that town. Itts a physical legal impossibility sir." Mr. McLaughlin: "Even the opinion, Miss Galvin, of taxpayers in this town who are not qualified voters should carry no. weight in this c ommunlty." Miss ~alvin: "That is the reason I would like a straw vote if we could legally do it, because then ~verybody could vote. Now is that what you had in mind?" Mr. MoLaughlln: "No I haver~t. I haventt expressed my opinion but it is not what I had in ~fl~udt A straw vote. The. same person could not vote.." Miss GalVin$ "A straw vote' is no% legal. It is Just a personal opinion." Mr. McLaughlin: "But their names aren't on Bob~s list. They couldn,t vote here. But they can,t vote. No you c~nnot." ' Mayor Diets: "Address the Council and cease the discussion with the audience, and give us your point." Mr. McLaughlin: "I came here Just t~ying to be polite. The point is it has become economic whether~ I will choose between my friends out of the city o~ my pocketbook. At ~the moment. I~ve got a little more money than ~ need, I.~aven~t got any more friends than I need, and I surely don~t want the Opportunity to vote between my fPiends and my . pocketbook." Mayor Dietz: "Then you would vo~e no. You couldntt have an issue in which all of Delray was 100% behind. Much less could you have an issue that is as controversial as this and so misunderstood,~ but the fact is that whatever kind of a ballot you have, the ballot must be legal and you are privileged to vote in any way you want. I~m not trying to put on any pressure. IIm t~ying to explain a plan which compet- itively will keep Del~ay Beach ahead of the other beaches in the State of Florida that do not take action. And to do so before the case would get into Pederal Courts.. If you are still of the opinion that the Federal Courts have no authority then Just take a look at the recent .apportionment in the ~tate of Florida and you will see that the Federal Courts do have authority, but your point is well taken,' Mr. McLaughlin, you can vote against it. That,s ~all you can:~o.''~ Miss Galvin: "You said that children under 12 would hags to. have their parents or some adult with them." Mayor Dietz: "Accompanied by an adult with identification." Miss Galvin: "Yes, Now may I also state that we have and we are -13- 9-10-62 sePt~mbe~ t0, 1962 "encouraging Red Cross Swimming Classes each year. -These 'children who get J~. Red 0ross swimming.~Ce~rtificate~, get'~ red cross that they can sew on their b~thing suits. They are probably better swimmers than half the rest of us that go to the beach. I believe that any childi regardless 'of age, who has qualified for a Red Cross Swimming Certificate and has that certificate on his or her suit should be allowed on the beach." Mayor Dietz: "Well if the people feel that way it is very easy to put that in, There is no pr6ble~ to-that. Mr. Avery, have you anthing before I make a motion?" Mr..Avery: "N~ Sir, I~m too confused." Mayor Dietz: "I think that"the people of Delray Beach have a right to express themselves. I am for legal ele~i~s ~nd only legal elections. Xn my motion I will ask fo~ a referendum of ~freeholders SubjeCt to the opinion of the State's.Attorney General that this referendum will be legal. If the Peferendum is illegal, then my meti'on will ask that this be put on the ballot at the General EleCtion."~ Mr. Warren: '"Have you vacated 2our chair, Mr..Mayor? Have you made a motion?" Mayor Dietz: "I haven't made the motion." City Attorney: "There is one problem there. A freeholder is Just someone who owm~ an ~ndivided or divided interest in a home and that could be somebody that is not registered to vote. I say a freeholder is not necessarily qualified to vote for the same reason that ?~. McLaughlin Just stated." Mayor Dletz: "A freeholder who is qualified to vote in Delray Beach is what I~m~talking about. I will pass the gavel, for' the purpose of making the m~tion, to Mr~-Woodard, and I move that this Council submit this beach ordinance or proposal to a referendum of freeholders qual- ified to Vote in'Delray, subject to a rmling of the States Attorney Erwin, and if he rules that-we canno~ ~ve a referendum then .it be placed on the December election ballot as a straw vote. Do I have a second?" Mr. Talbot: "I second the motion." Mr. Warren1: "To ~ie motion, Mr. Mayor. Pardon me, -you vacated the chair. Roberts Rules." Mayor Dietz: "I gave it to him 'to---" Mr. Avery: "Mr. Mayor~ I challenge---" Mr. Warren: "The Vice-Mayor is in charge.-" Mayor Dletz:' "I said that I would give him the floor for the purpose of me ma~ing a mo~tion and'I~Would take my---" Mr. Avery: "Mr~.Mayo~ I challenge and I ask that Roberts Rules of Order bo'.brought ~eut betiuS~e if you vacate-the Chair for the motion then the m~dt ~W~h~ t~kes~ it over a~d allo~s it has to finish it Out, Mayor Dietz: "Roberts Rule~ of Order are silent on that point and you can pass,the chair,.for thirty seconds, yo~ can' pass . it for five se- Mr. Avery: "Then I 'thin~.that this CoUncil should--'You~'VaCat~d th~ Chair.and you ~a~e ~elinqUiShed it until the.-0hair gives the gavel back. Its the prerogative of the Chair and you are not the Chair at this minute ." Mayor Dietz: "That is not-so but I~ll acquiesce anyhow." -14- 9-10'62 September 10,1962 Mr. Warren: "To the motion, Mm. Mayor, through this whole thingyou have determined yourself, it seems, the legality of restricting, the beach in the City of De]may Beach. Thanks to ou~ City Attorney, and which most of the-folks know that we were advised of all processes that have gone before as regards how the beach was deeded to the City, I should like to make the following statement, in whole, as tomy reasons for not voting for a referendum ae to restricting use of the' city beach. First we go to the Charter section 188 as referred to in the letter, the alienation of the beach. Itls on page 80 of the City Charter and City Charters are usually not changed without legis- lative action. This section reads, as was read before. 'The City Council shall not in any manner alienate from thept~blic the public beach or any part thereof of the City of Delray Beach, Florida.' Now this research by our City Attorney who went into all records as to how the Oity acquired use. of the city beach has revealed these facts. In 1896 the two then owners off.the ocean front land deeded an area termed as a ~Cadway described as tfrom the then edge of the property lying East to the waters edge, in the town $f Linton. I The deed re- strictions read ,as a roadway for use of the public and the citizens of Linton~. Later this name Linton was changed to Delray Beach, at this time was still the area East of the Waterway. The deed also reads 'whereas all of the lots abutting on the said strip of land marked Ocean Road were sold by the original owners of said lots with the express representation that this strip of land marked Ocean Road would~be left oPen for the public use-and that no one was to ever acquire any private rights to same except for the use of the public and for the use and benefit of the Citizens of the town of De]may Beach.' Twoexchanges of this property occurred in subsequent years. The deeds executed for the heirs or assignees bear the same open use provision. In 1938'the heirs deeded this land to the then J,ined City of Delray Beach. This grant and deed carried the same open use term. Both would be left open for the public use. We, the Council, have been advised that there has not been a court case in the State of Florida to determine the validity of thedeeds as to the part of leaving the beach open to the public. It has been pointed~out that if Delray Beach were to successfully defend a court case restrict~ng use of the beach and charge for it's use, that is if this thing were to' go to court as has been sUgges.~ed, some taxpayer would.go to court ---restricting Use of the beach and charge for it. Now, this could occur in all cities along the Gold Coast, and you intimate tonight that Boynton Beach would Join, which I doubt, could put the.same re- strictions into effect, which could result inthe County. and State government having to move in as to the decision and to protect the rights of those living outside the city limits of these various cities. This could Occur all up and doWn the County. Therefore~ it is my opinion that if I, as a City Commissioner, were to even vote for a referendum proposing restricting use of the area termed ta roadway~ in the deed, so it is a beach, I would be negligent as a city official, I would be endangering my:city, leaving it open ts restraining law suits and litigation in the courts by taxpayers. The resulting coUrt action appeals could drag out over several years and be very oos~ly to the City, resUlting ~in local and national publicity, deter the growth of our city, affect it economically, stop many people from settling in this area~ and I believe the public use of the beach has been determined. Tha%i~smy state~ent and why I cannot vote for the r ef er endum." Mayor Dietz: "Mr. Warren~s statement is his opinion. I now quote from the legal opini~on that we got from the City Attorney. To Alienate -- we would not be alienating the beach under my program. Our City Attorney has told us that." Mr. Avery: "That is out of context and I think the final conclusion--" Mayor Dietz: -~"Eold your peace for a minute, M~. loud mouth." Mr. Woodard: "John will you please let the MaY°r fihish. He has the floor and then you can comment°" Mayor Dietz: "You quoted out of a Black,s legal dictionary and it said that alienate means to pass title. Is that correct?" -15- 9-10-62 2 i2 September 10, 1962 City Attorney: "That !s what I was going to do. I was Just going to read that." Mayor Diet,.: ,Would you read it for the benefit of the public." City Attorney: "As faro as Section 188, I~m'not saying that there aren't some other problems that could come up. The provision in Section 188 reads ~The City Council shall not in any manner alienate from the public, the public beach or any part thereof of the City of Delray Beach'. In an opinion I read to you I said--I w~ote to the Council, I said, in my opinion, however, this section of the Charter is inapplicable to a,mestriction of the use of the municipal beach by virtue of the definition of the word alienate which is as follows, and quoting from Black's Law Dictiona~y: tAlienate. To convey, to trans- fer the title of pmoperty. The te~m alienate has a technical legal meaning. In any t~ansfe~ of real estate short of a conveyance of the title is not 'an alienation of the estate. No matter what form the sale may be made unless the title is conveyed to the purchaser the estate is not alienated. ~" Mayor Diet~.$ "That refutes the first statement that Nm. Wamren ma,de. Now, it is true that in the aarly deeding of this piece., it was for the purpose of a public road. There is a public road there now,. AIA. De]may does not have to concern itself with the county or the state~ because the State of Florida has no ~ight-of-way on AIA f~om the NC~t~ part of our beach to the South part of our Beach. The State of Flo- rida has right-of-way from Jacksonville, Florida to the Northern boundary of the 16th Section and then it has no right-of-way whatso- ever until you get to the Southern boundary of the 16th Section and it has right-of-way on to Miami an~ below I presume. So that there is no question of a roadway. A roadway is there. It is a public roadway. -'It is being used by the public and until we realize that the State ha~ no right-of,way that of course gave us ev~ a new thought that we may be able to. put psmking meters on ou~ own street because the State does not h~ve a right-of-way on AIA, so that it de- pends on who you are talking with as to the legality of it, but there is a l~t of folk law. In addition, A Mm. Byrd, an attorney, when he was City Attorney. many, many. years ago protected this City with quit claim deeds, and there is no danger to the City of Delray, not one iota according to Counsel of any ~eversion therein rights to this beach. Is that right, Counsellor?" City AttorneyS "I hate to make unqualified statements." Mayor Dietz: "Well make it as qualified then. I understood you to say the other day---" City Attorney: :!I said if the City would decide to ~estrict the beach, in my opinion an~ the opinion of Ralph Marci'cano, the ~attorney for the Florida League of Municipalities, the City would be in no worse posi- tion as far as the~reversion. Now there is always the danager of having to defend a test suit or something along those lines." Mayor Dietz: "You never would have anything to defend i£ you didn,t do anything. That's for.sure. So that I~ve just 's~wn you enough there to refute the othem statements and again say that this issue is no~ whether.Dietz likes or some other specific person doesn't like the plan. It's a question. Three of us on this platform electioneered, and we told the people that any im~ortant issues that were to be de- cided we would offer to the people for their decision. Three of us at this platform made that statement and I have it on tape recordings. Now, that is the issue, and that is the only issue because the issu~ of whether you want the beach that way, you don't' want the beach that way, that's not for us, the Council, to decide. That's for the people to make their decision, and if the people would vote against this plan I woul8 just shut right up, and if the people vote for the plan then they shoul~ have the plan. There is a motion and it has been seconded, Nm. Chairman." Mm. Woodard: "Nm.Avery, did you want the .floor?" M~. Avery: "Nm. Mayor, Acting Mayor, this thing has reached' such a point of confusion that I move that the motion be tabled until the September 10, 1962 "City Attorney can go in person to Tallahassee, research'~the full legality of our elections on this matter, and also to return to this Council positive legal proof that the beach restriction is legal in every way anyhow." Mr. Warren: "I second the motion." Mr. Talbots "Can we make a motion when therets a---" Nayor Dietz: "They must call the roll on the motion---" Mr. Avery: "Move to table." Mr. Woodard: "Questi~on to the motion." Mr. Avery: "Motion to table S~ersedes."" Mr. Woodard: "Call the roll, Mrs. Yates, please." Mr. Talbot: "What motion is this on~" Mr. Avery: "I~s a m,tion to table." Mr. Woodard: "It's a motion to table the Mayorts motion. To clarify Mr. Avery's motion, he.has moved that the motion on the floor be tabled until the City Attorney has a change to research---" Mr. Avery: "In person, in Tallahassee on all angles and to return to us with the full legality of the..whole bloomin question." Mr. Woodard: "Mrs. Yates will you call the roll~, please.'~ Mr. Avery: "Yes'",~. Mayor Dietz: "No." Mr. Talbot: "No." Mr, · Warren: "yes." Mr. Woodard: "Yes." Mr. Woodard: "I would like an opportunity to say something in regard to this. I have ~ly been directly associated with the city for about nine months, eight or nine months$ and d~ring that period of time, this particular matter, and I know that Dotty Galvin has said Tot the past 27 years the matter has been researched extensively,~to this point, no one has given us any proof one way or another Whether' such a proposal can be legally accomplished or not. We have good Sound arguments on both sides but there isa great deal of legal ambigu!~y we don~t know as to the terminology of alienate, We donft know how the deeds, nor the resolution accepting the property affects the legal status of our beach. Now, while I personally donft favor the mayorts program. I havent~t, '~tve opposed it since last January. No. 1, per- sonally I feel we need to determine the legal status of the~proposal. Now if the City Atto~mey comes back and' tells us that,such'a' proposal is legal and can be Presented to-the people legally,~ and I hope that this action could be accomplished before our next meeting two Weeks from today, because I feel that the Mayor~s proposal, t~at if ~a vote was held it should be held prior to the upcoming election so that the proposal~could stand on itts own merit. If we can legally do~ that then I personally would favor a vote· of the electorate of .Delray Beach. Now, I believe that the discussion on the floor, Juet a short time a~go, could be most clarified by the term electorate, because we realize that there are freeholders who are, and who are not, qualified~to vote. We also~tze that there are people in the area who are not freeholders who are qualified to vote, and I personally feel that those who are ~affecte~ by the proposal are the ones that should vote on the proposal. So if it is legal, then, personally, 'I feel a re- ferendum of the electorate would be desirable."- City Attorney: "Can I just make a remark there about that time ·ele- ment? I~m not being facetious but the Attorney General~s Office, they don~t have anybody that's omnipotent up there, and I imagine they are going to have to look into this thing Just a little bit, Y mean they cantt say yes o~ no or believe me I could have found somebody around here that could say yes or no if it was that simple, It also would involve, I guess~ preparing some kind of a proposal to submit to them and also scheduling an appointment with them. They are pretty busy, Also I will~trymy best to get there as soon I can, but I ~an~t September 10, 1962 "guarantee an anSwer.within two weeks to say the least." Nm. Talbot: "Ross, could ~we put a sort of time schedule on the thing that would meet with you~ approvalS" Mr. Avery: "I dontt think itts fair to put a time schedule on it be- cause this thing is cf such serious natttre that I certainly would want it researched to the nlth degree, and haste in this case .would.make waste certainly." Mr. Warren: "My statements are right, to determine whether it is legal with the action I~m representing the citizens for. You are not the final law, in my mind." Mr. Woodard: "In comment on Helen Voit~s statement there that if for some reason we took an action that was not legal and if it were con- tested in court we would be subjecting the city to a great deal of expense litigation. It's quite a complex problem and we want to make sure of our actions and we want to make sure that our legislation is based on legality and not Just on personal desire." Mr. Avery: "Otherwise you are violating your obligation to uphold this charter, this thing." Mr. Talbot: "Mm. Mayor, may I ask Ross, I~m not putting any pressure on any time element, I~m Just trying to get some ideas to, what in your opinion would be, a month, two months, three months, six months." City Attorney: "'I would say that on something this important I would get to Tallahassee as soon as I feel I have enough to present to them and that I can get an appointment with them. Of course I canlt guar- antee how long it will take them." Mr. Talbot: "No. We realize that. Would i.t be three months?" City Attorney: '!No it wouldn't, I would say we could certainly ex~ pact an answer within a~ month. Mr. Ta!bo$~:. "That sounds very reaaonabie I would say." City Attorney: "I have the full authority of the Council to make this trip, do I.?" ' Avez~,~ That doesntt mean the City Manager can go with him, does it?" 6.e. C~t~y Ole?k Worthi-~g.s.tated that i.t being undeterred that Council has detar~lne~'.~the'..appOimtme.nt 9f an architect foe the prop°sad West~ side Reareat!g~Oenter, ,ffl~=a~l ac't~on ,,therefore should be taken at ~his time ~a~dl]i% ia recommende~ that authorization.~be provided for execu=lon of~m agreement between the city and the appointed architect in compliance w-!tli S~eptien 25 of the City Charter. Hr. Talbot moved that the Mayor be instructed to execute th~ con- tract as agreed . by Richard Hanna and the City Attorney as presented to Council. at the. preliminary meeting. The mot.ion was seconded by Mr. Avery and carried unanimously. 6.f. The City ~!erk stated that through~ a local rm~tor~s office, the property o.f Mrs~. Harrison, more properily desoribe,$ as L~t~ 10 through 21, Block $9 has been offered to the ci,~ty for.the sum of $15,'000.00, and that said property,comprises apPmox!ma~ely the sou,th half of the block immediately north of the c~lty.'s new Water plant buildings. That the offer is considered reasonable if the city determines land addi- tional and adjacent to the water plant as being desired. It was fur- ther stated that there are available funds for such purchase in the water fund and should Council determine to accept .this offer, .appro- priation should be authorized from the .unapl~ropriated surplus of the water fund for t~ansfer to the water oontin6eg~2 fund, from which fund, at such time as proper plar~.~ can.~b~.~ b~o~t ab,out by the City Attorney and City' Manager ~for purchase o~..thi~kand ~ould be with- drawn therefrom for the then determined c~t.. Hr,. Av.ery moved'thalt~the City Manager~-.,~and the City Attorney be authorized to enter into negotiations for the -18~ 9-10-62 2~5 , September 10, 1962 purchase of this property for $15,000.00 less the normal procedure of . title insurance and those things, whatever is legal, and that the funds be transferred from the Water Fund to the Water Contingency Fund as described by Mr. Worthing. The motion was seconded by Mr. Woodard and carried unanimously. 6.g. The City Clerk informed the.Council that there are a few remain- ing outstanding tax sale certificates on parcels of land lying within a determined government spoil area and the City Attorney advises that steps should be taken to provide for transfer of these individually held certificates to the City of Delray Beach. Further, that author- ization is requested to provide for such redemption and to further authorize necessary transfer of funds in the amount of $307.83 from unappropriated surplus to accomplish the redeeming of said ~ax sale certificates by the City. Mr. Avery asked if there was an escrow account that would take care of part of said cost and was informed by Mr. WOrthing that there was not. Following other discussion, Mr. Woodard moved that the City Administration be authorized to redeem the outstanding tax sale certif- icates as previously described. The motion was seconded by .Mr. Warren and carried unanimously. 6.h. Concerning complaints on vacant lands in Section 9-46-~3 due to growth of vegetation on both North and South sides~'of N.E. 8th~Street, East of the Waterway/ City Manager Holland stated that he had in- structed Mr. Quinn to put said proPerty on the lot clearing list but found that the City had annexed this property exempting it from the lot cleaning reStrictions, therefore the only solut~ion seems to be, after repeated complaints, that the City obtain authority to tidy up ~he property, not going into s major operation, but to try and "~limin- ate the nuisance as much as possible. I~. Avery then moved that the City Manager be authorized to go in with proper authority, and tidy up the area. The motion was second- ed by Mr. Woodard and following discussion the motion carried unani- mou sly. 6.i. It was reported that Mr. Lloyd C. Erny has made provision for transfer to him of License No. 1528, now held by the Arcade, Tap Room and that said applicant has been thoroughly investigated and approved in the usual manner by. the Chief of Police and that ,it is recommended that transfer be granted. It was moved by M~. Woodard, seconded by Mr. Avery and~ unanimously carr~led that said request be granted. 6.J It was reported that the following bids have been received on 1350~ of 6" cast iron pipe and 2600~ of 8" cast iron pipe for water distribution lines and that it is reco~ended that:award be made to the low qualified bidder, it being so'moved by~Mr~ Avery. The motion was seconded byMr. Talbot and carried unanimously. ~ 13 0~' - 6" 2600' -~ 8" American Cast Iron Pipe Co. $'T~~. $ 2.4~ ' ~'t. James B. Clew & Sons, Inc. 1.73 2.455 McWane Cast Iron Pipe Co. 1~865 · 2~65 U. ~. Pipe & Foundry Co. 1.85 2.63 X. City Clerk Worthing read the following letter from Mrs. Marion V. Withington, dated August 28th, 1962. "While I~m counting my blessings and at the same time remembering Shelby Harbison~s case. I~m moved to w~ite to you, the Mayor, as a private citizen to request that the Council deem it wise to install a traffic~ light at 8th and Swinton to prevent further unnecessary accidents ~ Mr. Avery moved that the City Manager be directed to institute the nec,ssary Surveys and traffic count to ascertain if a' traffic' light is indicated there. The motion was seconded by Mr. Woodard. Following comments from'Mayor Dletz that the proper trimming of Seagrapes had been done at that corner after the complaint, had been received, Mr. Avery again stated his motion'as follows: Sep.tember 10, 1962 "I move that the City Manager be instructed to institute the neces~-ry surveys to ascertain whether a traffic light is necessary at the corner of N. E. 8th Street and Swinton." Upon call of roll, the motion carried unanimously. X. City Clerk Worthing read the following letter from the law of= floes of Notz, Craven & Price, Chicago, Illinois, dated August '2~th: "I am an officer of Th~ Cottingham Co~poration, which as you no doubt know, owns considerable commercial real estate in the City of Delray Beach. 'h2he officers and directors of this oor~°ration wish .to compliment the members of the City Council for the statesmanlike attitude they have had in the various recent problems with which theyhave been faced and which have a very important impact on the merchants and other taxpayers of the City. I refer particularly to the attempts to keep the budget of the City within reasonable bounds." X. The City Clerk read the following letter from the Kiwanis Club of Delray Beach, dated September ?th: "We are all aware of- the seriousness of the tsleeping sicknessl disease, Encephaliti.s~ Fortunately, the East Coast of Florida has not been affected as seriously as Pinallas. County. The Kiwanis Club-of Del~a~ Beach urges, the Council to take all necessary steps to preveDt the disease from attaching itself to our area, We feel that it is necessary to take preventive action at once, rather than awaiting it to strike.. fB~ acting now) we .not only protect our citizens, but transfer avorable pub~ioity to the northern states. This would be vital and valuable to our tourist economy." Also the following letter from the Delray Beach Chamber of Commerce, 'dated September .'yth: "A great deal of concern was expressed by the Board of Directors at its meeting today, over the recent outbreak of Encephalitis within our state. "In.view of. p.ossible end,~ngerment of public health and the adverse effect its publicity would have on our tourist economy, the Board of Directors. requests that immediate steps be taken to spray for mosquitoes that carry this dieease and to clean up those areas in .which they may breed." Mr. Avery eommentedas follows: .~lr. Mayor, this lot clearing program is going to have a ~tremenduous--impact on this and we all know and I think that these lnterested~oitizens should know'that the cityts mosquito spraying has been' going full tilt as the Mayor well knows when we investigated the c0~t ~ .this. Also I think it should be pointed out to them that the forward step on sewers should eliminate the pollution which is a contributor to this dread disease. And I think it might be in order to move along this line that .the City Manager be instructed to, with all his power, speed up this lot clear- ing program which will help rid us of this mosquito condition. I think that a directive from the Council is proper, and that these citizens know that we took this action and I so move." Mr. Warren seconded the motion and asked wha$ the City..is doing in re- gard to spraying for mosquitoes. The City Manager repot.ted that the spraying was discontinued a mqnth ago b.mt he would like authority to go back~ to spraying after this lot clearing program had eliminated some 'of.$tl~:problems. Mr. Talbot said he felt these communications w~e~e more or less a re- quest to continue the mosquito spraying program. Mr. Avery said that he would include in his motion that it be in- vestigated .and reported at the next meeting or,whatever is necessary. Upon further question, Mr. Avery restated his motion as follows: "That the City Manager be directed tS proceed with the utmost speed -2O- 9-10-62 2~7 SePtember 10, 1962 "to clear the lots, to investigate the possibility of spraying and report back to us at the next meeting." Upon call of roll, the motion carried unanimously. 7.a. The airy Clerk read a proclamation prepared by the President of the United States from the White House relative ~to the observance of United Nations Day on Wednesday, October 2~, 1962 and stated that it had been requested that they be advised of Councilts appointment of a United Nations Day Chairman. Further that it is recommended that 'the Commanders of the Sherman-Williams Post No. 188, Milton-Myers Post No 65 and V. F. W. OtNeal-Priest Post No. 41~1 be appointed as a committee in charge of any program or reco~ait~on of United Nations Day, it being so moved by Mr. Warren. The motion was seconded by Mr. Avery and carried unanimously. 7.b. City Clerk Worthing read the following letter from Civic Tele- vision, Inc, Missal, Florida, dated August..10th: "This will confirm the visit of our program man, Gene Lewis, to your office this week regarding your cityts participation in pro- gramming with Oivic Television, Inc. "As he explained to you, your response to this letter will in no way imply endorsement of our group., but merely show that ~our are interested in participating, in community affairs in our proposed programming. We anticipate a favorable reply from you and your City oommission." Mr. Warren move8 tha~ the letter be acknowledged with the expression of Council interest. The motion was seconded by Mr. Avery and carried unanimously. ?.c. The City Clerk sta.ted that at the request of the Council on August 27th, the City Attorney prepared the following Addendum to the lease between City of Delray Beach and Trustees of the Veterans of Foreign Wars of Delray Beach following a request from the Veterans of Foreign Wars on August 20th: ADDENDUM TO LEASE BETWEEN CITY OF DELRAY BEACH AND TRUSTEES OF THE VETERANS OF FOREIGN WARS OF DELRAY BEACH. WBEREA.S, on the 25th day of January, ~1960, the City cf Delray Beach, ~lorida, a municipal corporation, hereinafter called the Lessor, and GOBDON J. LANE, ROBERT A. FAVRE and BRADY B. BEVERLY, as Trustees of the VETERANS OF FOREIGN WARS.of Delray Beach, Florida, hereinafter called the Lessees entered into a lease agreement concerning certain property commonly known as the Pony League Baseball Park, ~and WHEREAS there have been recent acts of vandalism at said location as a result~of which the Lessees h4ve requested permission to install a chain link fence around the premises, NOW TBEREFORE it is mutually agreed between the parties that said lease be a~ended as follows: The first paragraph of Article 1 of said lease is hereby amended to read as follOWs: "1. .This lease, is made by the Lessor for the purpose of enabling the Lessees to maintain and operate a Pony LeAgue Baseball Park and various other recreational activities beneficial to the re- sidents of this community. Lessor, therefore, reserves to the City of Delray Beach Recreation Department the right to utilize said leased premises for City Recreational Activities which do not conflict with scheduled activities of the Lessees. The Lessor agrees that the Lessee shall have the rightI to put up. tNo Trespassing'f signs and/or the right to install a chain link fence around the premises for the purpose cf the prevention of vandalism." IN WITNESS WHEREOF, the Lessor has caused this addendum to the lease dated ~anuary 2~, 1960, to .be executed by its Mayor and attested by the City Clerk and the. city seal to be affixed thereto, and the Lessees have also.executed this addendum on this., day of September, 1962. -21 - 9-10-62 September lO, 1962 CITY OF DELRAY BEACH ATTEST: M A Y 0 R Oity, Olerk ...... Signed, sealed and delivered in the presence of: Robert E. Brenner- ''' ......... Rot, e~';c A. Favre ..... Approved as to form: " jamea_Stoip '' T~USTEES OF THE VETERANS OF FOREIGN ' clty"'~t'tb~ney' ~ '' WARS OF DELRAY BEACH, FLORIDA. It was moved by Mr. Woodard seconded by Mr. Avery and unanimously carried that the lease be amended as indicated. 8.a. City Clerk Wot'thing read RESOLUTION N0~ 1412. A RE~0LUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY: SETTING QUT AOTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH sUCH ABATEMENT AND 'LEVI~O THE COST OP SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SA ID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Oopy of Resolution No. 1412 is attached, to. and made a part of the official copy of these minutes.) See 250E & 250F Resolution No. 1412 was unanimously passed and adopted on first and final reading on motion by Mr. Warren and seconded by Mr. Talbot. 8.b. The City Clerk read RESOLUTION No. 1411. A RESOLUTION MAKING APPROPRIATION OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE IST DAY OF $0TOBER, 1962 TO THE 30TS DAY OF SEPTEMBER,' 1963; TO PRESCRIBE THE TERMS, CONDiTIONS~AND PROVISIONS WITH RESPECT TO THE ITEMS OY AP- PROPRIATION AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTI'CNS WHOLLY IN CONFLICT WITH THIS RESOLUTION, AND ALL RE~_~OLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH IN- CONSISTENCY; AND TO LEVY A TAX ON ALL PROPERTIES wITHIN THE CITY OF DELRAY BEACH FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS AGAINST THE PROPERT~ LOCATED IN THE FORMER CITY OF DELRAY, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy Of Resolution No. 1411 is attached to and made, a part of the official copy of these minutes.) See 250G, 2~0H, 250I, & 250J Resolution No. 1411 was unanimously .adopted on first and final reading on motion by Mr. Avery and seconded by Mr. Woodard 8.c. The City Clerk reviewed ORDINANCE NO. G-4~58 and .attached Assess- ment Roll. AN ORDINANCE OF THE OITY OF DELRAY BEACH, FLORIDA LEVYING THE ASSESSMENTS AS SHOWN BY TEE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING THE CONSTRUCTION 0F STORM DRAINS FOR THE AREA KNOWN AS "STORM DRAINAGE SYSTEM ,, N. E. SECOND STREET 0UTFALL , AS SHOWN ON STORM DRAINAGE SYSTEM sURVEY FILE T. F. 1868 KS-I, TOGETHER WITH INSTALLA- TION OF CATCH BASINS, MAN HOLES AND APPURTENANCES IN CON- JUNCTION WITH SUCH STORM DRAINS, SAID ASSESSMENT ROLL BEING ATTACHED HERETO AND FORMING A PART HEREOF. 9-10-62 september lO, 1962 (Copy of Ordinance No. 0-458 is attached to and made a part of ~ the official copy of these minutes.)See pages 250K, 250L, 250M, 250N, 2500, 2~oP, 250Q & 2~oR. The City Clerk read a letter from Mrs. Margaret Skaehlll protesting the drainage assessment against her property, also a letter from Byrd & Whitley, Attorneys at Law protesting the drainage assessment for their clients, K. M. Davis and the Trustees of Trinity Evangelical Lutheran Church. There being insufficient objections to Ordinance No G-458 Mr. Woodard moved that said Ordinance be adopted on second and final reading, the motion being seconded by Mayor Dletz after he relinquished the Chair. Upon call of Roi1, Mayor Dietz, Mr. Talbot and Mr. Woodard voted in favor of the motion and Mr. Avery and Mr. Warren abstained from voting. 10. A bill from Attorney J. Ross Adams in the amount of $75.00 was presented, and the Council was informed that this bill represented appearances at court cases which resulted in collections of fines- exceeding $500.00, and extended over the period of time from June 25th thru July 27th. The bill was unanimously ordered paid on motion by Mr. Avery and se- conded by Mr. Woodard. 10. Mr. Avery moved that all of the conversation, both public and Council, completely be printed in the minutes verbatim and not edited as is the usual custom, concerning Agenda item 6.d. Discussion con- corning proposed beach plan. The motion was seconded by Mr. Warren and carried unanimously. lO.a The City Clerk presented bills for approval as follows: General Fund $39,212.08 Water. Pund - Operating Fund 20,~69.67 The bills were unanimously ordered paid on motion by ~r. Woodard and seconded by Mr. Avery. The meeting adjourned at 10:25 P. M. on motion by Mr. Avery. R. D. WORTHINO City Clerk APPROVED: *Supplement to Minutes of Regular Meetin~ of September 10~ 1962 The letter read by Mr. Worthing as'shOWn on Page l0 of the Minutes for September X0, 1962 Regular Council Meeting failed to show the writer thereof the same being Miriam B. Cohen. -23- 9-10-62 ~50 PROPERTIES IN VIOLATION OP ORDINANCE AND SECTION 15-3&J% 0P THE CITY CODE CITY ,,0NNER ,ADDRESS LOT, B,L,,0CK & $/D CODE Kenneth & ~lla 450 N. W. 9th St. Lot 30, Blk. 8, Erusell Delray Beach, Fla. Dell Park Federal Title & 1527 Washington Ave. Lot 1, Blk. 7, Insurance Co. Miami Beach, Fla. Seacrest Park' Jones & Frederick, 401 Coral Way Lot 2, Blk. 7, 4 Inc. Coral Gables 34,Fla. Seacrest Pa~k V.K. Cushmen 411 ?th St. Lot 3, Blk. 7, West Palm Beach, Fla. Seacree.t Park Fritz Frommelt 4732 46th St. Lot 15, Blko 4, Woodside 77, Northridge Rinker Material P.O. Box 231 Lot 17, Blk. 4, Corp. West Palm Beach, Fla. Ncrthridge Michael & Ruzena 135 Allencrest Dr. Lots 18 & 19-, Blk.4, Jankura Stratford, Conn. Northridge John & Jean LeSohik 7 Woodland St. Lots 3 & 4, Blk. 6, East Islip L.I. Northridge New York John N. Kabler & P.0. Box 2116, S~ of Lot 10 less Leanora McCarney Delray Beach, Fla. W244.86', Blk. 1 & 'E148.2' of N~ of Lot 0soeola Park Frances A. & 815 Elm Avenue E145! of Lot 11, Blk. Florence L. Macaulay Teaneck, N.J. ], Osceola Park Ethel Kyryacos 51 Fern Court N53' of Lot 3, Delray Beach, Fla. Block 78 Ray W. Yates 34~ S.E. 3rd Ave. Lots 21 & 22, Delray Beach, Fla. Block 88 Louis & Ester Meyers Clay St. E60' of W186' of 4 Huntsburg, Ohio Lot 9,Blk. 1, Osceola Park W. G. Holloway, Jr. 701 So. Ocean Blvd. Lot 5, Blk. 3 Delray Beach, Fla. Seagate "A" Thcs. F. & Dorothy 1524 Central Ave. Lot 9, Blk. 4 E. Brown Sandusky, Ohio Seagate "A" Arthur J. & Josephine R.R.#3 Box 229 Lot 10, Blk. 4, 4 M. Ehne West Bend, Wis. Seagate "Ae JcSn P. Jr, & 139 W. Short St. Lots 3 & 4, Blk. 4, Virginia T. Barrow Lexington, Ky. 'Seagate "B" Walter S. & Edith 63 Woodward.Lane,S.Eo Lot 5, Blk. 4, C. Goodspeed Grand. Rapids, Mich. Seagate "B" Helen M. Rust 133 Elderfield Rd. Lots 3, 4,.&.~, Blk.lO, 4 Flowe~ Hill Seagate "A ' Marahassett, L.I.,N.Y. Laurence S. Harrison 228 Fox Meadow Rd. Lot 6, Blk. 10, 3carsdale, N.Y.. Seagate "A" Con~t Page 2 CITY 0.WNER ADDRES~ ~OT,. BLOC~ & S/D CODE Thomas & Frances E. 1015 Mirama~ Dr. Lot 10, Blk~. 5, 4 Whitehead De]ray Beach~ Fla. Seagate Extension Althea G. Canary 12520 E~gewater Dr. Lot 1, Blk. 1, 4 Apt. 905 Seagate Extension Cleveland 7, Ohio Clarence 0. & 911 So. Ocean Blvd. Lot 3, Blk. 1, 4 Violet Prentice De]ray Beach, Fla. Seagate Extension J. William Tiernan 1045 E. Atlantic Ave. Lot 4, Blk. 1, 4 De]may Beach, Fla. Seagate Extension Franklin Wedge P.O. Box 1788 Lot 5, Blko 1, 4 Delray Beach, Fla. Seagate Extension Edward E. & Jane P.O. Box 393 Lot 6, Blk. 1, 4 M. Ford Delray Beach, Fla. Seagate Extension Lawrence J. Plym 955 So. Ocean Blvd. Lot 7, Blk~. 1, 4 De]ray .Beach, Fla.~ Seagate Extension WilliamS.. White 223 N. 4th St. "Lot 8, Blk'. 1, 4 Niles, Michigan Seagate Extension Richard W. & Anna 711 Shore Dr. Lots 9 & 11, Blk. 1, 4 E. Nelson Boynton Beach, Fla. Seagate Extension Geo. H. & Pauleen 71 W. Genesee St. Lot 1, Blk. 2, 4 B. Ketcham Baldwinesville, N. Y. Seagate Extension H. B. Ebert P.O. Box 43 Lot 2, Blk. 2, 4 Boca Raton, Fla. Seagate Extension Metropolitan Trust, 955 S. 3rd St. Lot 1, Blk. 3, 4 Inc. Louisville 3, Ky. Seagate Extension K. E. Edwards 127 Avery Dr. N.E. Lot 4, Blko 3, 4 Atlanta 9, Ga. Seagate Extension Municipal Paving Co. 5757 Ogden Ave. Lot 7, Blk. 3, 3&4 Cicero P.O. Seagate Extension .Chicago, Ill. (3-Dense growth on E Property Line) Alexander F. & P.O. Box 107 Lot 9 less N 10', 4 Beatrice F. Wilson Delray Beach, Fla, Blk. 3, Seagate Extension Thcs. A. & Florence 442 S. E. 17th. Ter. Lot 21~, 4 R. Dutton Deerfield Beach, Fla. Tropic Isle Anna M. Breen 282 Vennum ~ve. Lot 215, 4 Mansfield, Ohio T~opic Isle Edward B. Breen 282 VennumAve. Lot 216, 4 Mansfield, Ohio ~.Tropic Isle John W. & Viola M. 160 carmen Lots 218 & 241, 4 Aumer Buffalo 26, N.Y. Tropic Isle Andrew & Hazel 94 Campbell Rd. Lots 219 & 240, 4 Aumer Buffalo, N.Y. Tropic Isle Oeo. T. & ~ilma P.O. Box 536 Lots 220 & 221, 4 A. Elmore Delray Beach, Fla. Tropic Isle Con't Page 3 CITy OWNER ADDRESS LOT, BLOCK & S/D CODE Edgar & Mary 301 S. W. 63rd Ave. Lo~ 222 & 245, 4 Seibert Ft. Lauderdale, Fla. Tropic Isle Emile H. · Teresa 16 Broadmoor Rd. Lot 223, 4 Talmon Scarsdale, N.Y. Tropic Isle L. R. & Mary Frances 1725 N. E. 28th Dr. Lots 224, 229 & 230, 4 Edwards Ft. Lauderdale, Fla. Tropic. Isle E. F. & Ethel Waseca, Minn. Lot 228, 4 Johnson Tropic Isle Joseph Glazer 10 N. E. 103 St. Lots 231, 232, 233, 4 Miami Shores, Fla. 234 & 235, Tropic Isle Dane Construction .602 BiscayneBldg. Lots 236, 237, 238 & 4 Corp. % Milton Miami 32, Fla. 239, Tropic Isle Wasman Charles H. & Hazel 2853 N. E. 22 St. Lot 242, 4 N. Eldridge Ft. Lauderdale, Fla. Tropic Isle Marinus C. & Clara 1031 Carpentie~ Ave. Lot ~J~, 4 Roskam N.W., Grar~ Rapids, Tropic Isle Michigan Jere W. Powell Avondale, Pa· Lots 246, 247 & 248, 4 Tropic Isle North Tropic ISle, 3405 So. Fed. Hwy, Lots 249, 250, 251, 4 Inc. Delray Beach, Fla. 252 & 253 less tri strip, & 255, Tropic Isle South Coast 3405 So. Ped. Hwy. Lots 1A,2A,3A,4A, 4 Development 0o Delray Beach, Fla. 1 th~u 16 & Tract "P" · , Tropic Pslm- Dorothy A. Killilea 66 Lake St. Lot 42, 4 Jersey City, N.J. Tropic Palms Edward Killilea 192 Lakeside Dr. Lot 43, 4 Nutley 10, N.J. Tropic Palms H.H.Gabel, Frank 15 Rising Ridge Rd. Lots 45 & 69, 4 Zappala & Crete Upper Saddle River, Tropic Palms Concrete Corp. New Jersey Earle C~ & Grace 12 Carlton Ave. Lot 46, 4 M. Russell Jersey City, N. J, Tropic Palms Geo. B. Chase 67 Ellsworth Rd. '-Lot 48, 4 Peabody, Mass· Tropic Palms North Tropic Isle, Rm. 420 Land Bldg. Lots 70, 78 & 92, 4 Inc. 370 S.E. 2nd St. Tropic Palms Ft. Lauderdale, Fla. Horace C. Jeffers 53 Maple Ave. Lots 59, 60 & 61, 4 Morristown, N.J. Tropic Palms George E. & Martha 23 Jefferson Ave~ Lots 63 & 64, 4 Marsh Beacon, N.Y. Tropic Palms Jere W. Powell Avondale, Pa. Lots 66, 67 & 68, 4 Tropic Palms Mellon Land Corp. 3405 S. Fed. Hwy. Lots 71 thru ?4, 96, 4 Delray Beach, Fla. 97,& 98, Tropic Palms Con,t Fa~e 4 ¢ITY Q~WI~E~_~R ADDRES~ L0~.. BLOCK & S/D CODS '-.Jane K~ Rosenbach 1556 S. E. 9~ St. Lot 75 4 Dee~field Beach,Fla. ~opic Late & M~gith 279 S. E. 1st Ave. Lot 76, 4 Husebo Po~ano Beach, Fla. T~ic Pa~ ~. J~ Kaye ~525 C~a~ord Ave. Lots 79, 80, 81, 83,~ ~dlothi-~, Ill. ~ & 8~, Tpo~ie ~slie Beamish 47 Garrison Hd. ~ts 86,87, 88,. 89 & Battle Creek, Mich. 90, Tropic Pa~s John E. Ashley 630 Pilot Rd. Lot 91, 4 No~ Pa~ Beach, Fla.T~opic Palms Geo. R. B~oc~ay 404 Guaranty Bldg. Lot 93, West Palm Beach, Fla. T~opic Palms Edward B. & A~a 282 Velum Ave. Lot 94, 4 Breen M~sfield, Ohio Tropic Pa~ Robt. T. & Shirley 1430 N.E. 57th Ct. ~t 95, 4 Sc~oeter Ft. Lauderdale, Fla. Tropic Palms Rob~'. R. & Martha' P.O. Box 933 Lot l, Blk. 1, 4 A. J~ison Boynton Beach, Fla. Swinton HeiSts Jo~ F. Jr. & ~ry P.O. Box 21~, Lot 2, Blk. 1, B. Weigand De~ay Beach, Fla. Swinton HeiSts Figes A. Hart 28~ Cordry Dr. S100' of N 165~ of Boulder, CoI~ E 1;~.5~ of W 298' of Lot 10, Sec. 21-46-43 ~. D.~ Bradshaw, Jr. 25 Jordan Rd. N 6~ of E ~.5~ of 4 W. Peabody, Mass. W 2~8~ of Eot 10 · B 35~ of E lJ~;~.5' of W 298' of ~ Lot 9, Eec. 21-46-43 Ma~ion W. Rede 602 Golf Bldg. N 111.13~ of B ~6.13' OlarEsburg, W. Va. of E ~.5~.of W 298~ of Lot 9, Sec. 21-46-43 Myrtle M. Rath, 1619 Hill St. Lots 9 & 10, Blk. ~, 4 et al McKeesport, Pa. Del Ida Park Walter J. & Je~ie 92 Hendricks Isle, Lots 2, 3, ~, 5 & 4 Clarke & Charles Ft. Lauderdale, Fla. S 53.47~ of Lot 6, ~' & Adelaide I. Cla~ke-Runge Add. Runge Submit~ted to the C.ity Coum~il by the City Manager this 10th day of September, 1962 ~-o~ A I~SO~,UTION OF THE CIT~ CO%INCIL OF T~ d~ ~ D~Y B~CH, FLORa, AS~S~G COS~ ~R ~TI~G ~ CERTAIN~S ~A~' ~XN S~ID CI~: SETT~G O~ ACT~L C~TS ~C~ ~ ~ CI~ TO S~E A~TE~ A~ ~N~ ~E C~T 0F S~H A~TE~ regular ~d/~ aessl9n held on ~e 2Srd o~ ~ll ~d '2~th ~ June, 1~62 ...... declare t~'~e~eten~e of a ~tted to t~m. f~ violation ~ ~ provisio~ of O~din~e ~S. p~u~t to such decimation. ~e Ci~ Clerk of said City did f~sh each of ~e ~e~ective o~e~s of the lands described in said list with a ~ot~e de~ibi~ .~e ~e 0f ~e nule~ee ~d ~t they ~st ab.a~e said nuis~oe wi~ ~t2 (30) ~ays~ faitl~6 tn which the City 0o~cil would have it done, ~d ~e-cost would be levied as an asa~sment a~et said property~ ~d ~S, the ~s here~te~ n~d did fail ~d neglect to abate the ~iaance e~stl~ u~n ~e~ .respective ~ds wt~ the time prescribed in said notice ~d 0~di~e G-~7, ~d the City of De~ay Bea~ was ~equi~ed to and did ente~ ~on t~ following ~d inc~ costs in a~ting ~e hula.ce e~sting ~e~eon as described in'the ~o~esaid liSt~ ~d ~S. ~e City ~e~ of ~e City of Delray Beach. has, p~- au~t to said O~dina~e ~-~7 ~d t~ City Ch~ter su~tted to the City Co.oil a report ~f t~ costs incited '~ a~ti~ ~e nuis~ce as ~oresaid, said report indloat~ ~e coats pe~ p~cel of l~d involved, NO~, TE~O~, BE IT ~0L~ ~ THE CI~ C0~CI~ ~ T~ OF DE~Y ~CH, F~R~A, AS FOB~ 1. That assessments in t~ individual ~o~ as sho~ by ~epo~t of ~e City E~ager of ~e City ~ De~ay B~ch, involvi~ City,s cost of abating the af~esaid nuis~es ~on ~e Iota o~ p~- eels of l~d described ~ said report, a copy of ~i~ is attached he.to and made a p~t hereof, ~e levied aga~st the p~cel, ~ desc~ibed on Said ~eport ~d ~ ~e ~o~te indioated thereon. Said assessments so levied sh~l be a lien ~ ~e lots and panels of ~nd described in said report, of ~e nature and to the s~ extent as ~e lien fo~ general city ta~s and shall be collectible ~ tB~ s~ ~er ~ with the s~e penalties ~d ~de~ the s~e provisions as t~ sale ~d fo~eoloa~e as elf2 t~es ~e collectible. 2. ~at the Ci~ Oink of said Ci~ shall, as soon as possible ~te~ ~e effective date, record a cert~ied copy of t~a resolution ~n t~ office of t~e C~rk of the Ci~uit Co~t in ~d fo~ Pa~ Beach Oo~ty, Florida, ~d shall f~i~ to each ~f the o~e~e n~ed In Bpon said report a notice that the Cl~ ~uncil of the Ci~ of Del~ay Seach, did, on ~e 2Srd o~ April and 2~th o~ ~e, 1962 or, er ~e abatem~t ~ a cer~a~ nuls~ce e~s~ on ~ described p~e~t2 ~d property 0~ ~ving laird to abate such nuis~ce, ~lthin ~e 30 d~ pe~iod~ w~eupon it was abated by ~e City at costs sh~ ~ said report and such assesa~nta shall ~ legal, valid ~d binding obligatio~ ~on t~e PrObity ~a~st w~ch said a~e levied~ This ~esoluti~ shall be~ e~fective 30 days f~ the date ~ ~$i~,~ end the assessments ~o~tained herein shall bec~e due ~d payable ~t2 days ~ter ~/~il~ da~e of t~e notice said asseaamemt~: ~te~ ~eh ~tere~t ~l acc~e at the rate PA~ A~ AD0~ ~ ~e~ular eeaai~ o~ $~ 10th d~ of sep~e~er ' ~ COST 'OF AB~TING NUISANCES UNDE~ ORDINANCE N0. G-147. PROPERTy DESCRIPTION ,OWNER ASSESSMEN ~pr&l 23r,,'19~2,11st LOtS 19 thru 28, Delray ~each ImproVement P~r~e Heights. cor~. $ 200.00 Jun~ ~, -1962 ~iist w 25' of Lot .19 & al~ of Lo~s 20A 21., .Block 2, Del Ida Park W. O. Winn ' ' 55.00 Lot 2, Block 4, Francis W. & Rl'o Del ~ey Shores Clare D. Hanaway 5.58 Lot i0, Block .4', John W, & Rio Del Ney Shores ieabella. E. Heindel 5.58 Lot 6, Block 4, Stephen B. & ........ .Rio Del Rey Shores MarJorie P. -Keeler 5.58 Lo~ 7,'BlOCk 4; Rio Del Ney Shore~ C.'F. & Tonetta St. Jo~n 5.58 Lots 11 & 12, Bloc]~ 4, Rio Del Rey Shores Bessie c. Additon 10.15 LOts 1...& 2, Block 5~ George J. Blnns & Rio Del Ney Shores Chas. O. Jansen 10.15 Ocean Beach ~LOt'25 Bayview ~imited 28.46 Beg. ~ NW corner Lot 1, Nassau Park, W ~2.96']' N.49.33', W 75', S 128.95~, E 83.2~, N 79.6' to POB in'Ocean Beach Lot 26. Luoile J. Nichols 5.58 S 100' of W 275' of Ocean Beach Lot 28. Frank DeRlce 10.15 RESOLU?ZON NO. 1411. A* RESOLUTZO~T RAKING APPROPRIATION OF SUMS OF MONEY FOR A~ NECESSARY ~TU~ OP:. THE CITY OF DELRAY BEACH, ZNCONSIST~ WITH T~S ~SO~Z~"TO T~ ~E~ OF 8~H CONSZST~ ~ TO ~ A.'~*ON ~ PROPERTZ~ WZT~N CZ~ OF DE~Y B~H FOR ~~CE ~D O~TZON, ~ TO ~A T~ F~ T~ PA~ OF~ ~CZPA~ ~ I~E~ST ~ND~ Z~~S ~AINST ~ ~OPER~ ~ATED ~ T~ FOUR CI~ OF DEL~Y, ~ ~ ~TE ~' ~PROPR~ ~ID CO~TIONS ~ IT ~SOL~D ~ ~e Co--il of the City of ~lray Beach; Florida: ~at the fo11~1~ s~ of ~ney be, an~ hereby are ap- propriated upon the te~s, co~dttlons ~d provisions herein and hereinafter set forth~ ARTIC~ ~. GE~ F~ Eetimated Ex~ndttures ~ 111 City Council ~ 8,590 12L City ~ager 19,007 131 City Cou~ 2.900 141 Registration 75 142 ELections ~10 151 Acc~ting a Internal Control 29,420 152 ~te~l Audit 3,000 153 Assess~nis a ~icenses 31,158 154 Purchase a Cust~y of Supplies 4,4?0 155 Treasu~ 7. 993 161 Co~sel & ~gal 8,650 171 Pla~ng & Zon~ 3,620 172 ~search a Investiga~ion 300 173 Cheer of Comerce 24,642 ~75 Cl~y ~ersh~ps ~ O~izations 1,350 178 Civil Se~tce 625 180 Board of ~justment 100 210 Police 155, 215 JalZ 11,943 220 Traffic Engtneert~ 15,411 230 Fire' 123,780 241 Buildings & St~ctures 2~,129 25Z ~1~ 3,838 252 Civil ~fense 1, SO0. 310 Engineering 20,554 321 Streets, Alleys & Sl4ewa~s 106,034 322 Street Lt~tlng 51,700 331 S~er System 9,075 332 Street Clewing 6,662 333 Garage Collee~ton 90,226 334 Trash Collection 41,027 335 Waste Disposal 16,673 336 MOs~tto ~ontrol 2,120 340 Central Garage 19,6 GENERAL FUND Estimated expenditures continued. '. TOtal 351 city Hall 17,751. 600 ~braries 44,800 710 Recreational Administration 8,144 720 Playgrounds & Playfields 16,738 731 EaStside Pool & Beach 40,194 732 Teen Town Pool 18.509 740. Tennis Courts 13,432 750 community Center 19,948 760 Teen Town Center 9,757 770 Parks, Par~¢ways & Street Trees 71,022 _ 771 Beautification 7~700 775 Nu~eery ~' 7,095 800 Debt Service 68.192 851 Cemetery 13.090 852 Insurance 24,730 853 Taxes 20,659 ~5~ Reserve for Contingency 52.000 876 Hospital & hire Insurance 5.000 880 Communication System 4,800 900 -Transfers ., , 1121742 Total General F~n~ ~1,419,860 100 General Property Tax 772,517 175 Franchise Tax 56,225 190 Utilities Consumption & Service Taxes 127.000 '201 L~censes & Perm/ts - Street Use 5,500 202 ~Lcenses & Permits -' Business 75,200 203 Licenses & Permits - Non-Business 22.175 300 Fines & Forfeitures 23,900 400 Revenue from Use of Money a Property 6,250 475 Revenue from Individuals & Other Agencies 147,550 501 Current Services - General Government 900 502' Current Services - Public Safety 1,600 503 Current Services - Highways 1,300 504 Curr~nt Services - Sanitation a Waste Disposal 78,700 505 Current Services ~ Health & Safety 1,100 506 'Current Services - Recreation 6,600 600 Sale & Recovery for Loss of Property 1,300 775 Contribution & Transfers from Other Funds 171260 Total Revenue $1,345,077 Unappropriated Surplus - Operating 77,743 ~-~ Unappropriated Surplus - Debt . (219~0} . Total Receipts ARTIC~ II WATER ~stimated Expenditures: ~g~al 4,10 Administra~ion $ 26,517' 420 Source of Supply 36,767 430 Treatment a Purification 19.261 440 Transmission & DiStribution 145,573 450~ ACcounting & Collection 17,260 800 Debt Service 99,759 852 Insurance 6,562 853 Taxes 25.870 855'Depreciation 97.000 85~ Reserve for COntingency 12~Q00 Total Water Fund $486,569 To~a~ 400 Revenue from Use of ~oney & Property $ 27,900 500 Sales & Charges for .Current Services 469,758 600 Sales and Recoveries 100 Total Revenue 497,758 .Unappropriated Surplus (~.189) Total Receipts '~486,569 ~ -. CONDITIONS RELATING TO APPROPRIATIONS: Section 3.1 - Ail the monies herein before appropriated are propriated upon the terms, conditions, and provisions herein be- fore and hereinafter set forth. Section 3.2 - Subject to the qualifications contained in this resolution all appropriations made out of the General Fund are clared to be maximum, conditional, and proportionate appropri&ti@~s, the purpose being to make the appropriations ~ayable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day .of October, 1962, and term~nating the 30th day of September, 1963, for which the appropriations are mede, are sufficient to pay all the appropriations in full~ other- wise =he said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of theGeneral ~und, is to the total amount of revenues esti~ated by the Clty Counci~ to be available in the ~eriod commencing the let day of October, 1962, and terminating the 30th day.of September, 1963. Se~t$on 3.3 - Ail balances of the appropr~ations payable out of the General Fund of the City Tre&sury unencumbered at the CloSe of busi- ness o~the 30th day of September, 196'2, except as oth:erwise pro- vided for, are hereby declared to be l&psed into the City Treasury and maybe used for the payment of the appropriations which may be made in any appropriation for the fi'sCa~ year commencing the 1st day of October, 1962. Provided, however, 'n~thing in this sectiC~ shall be cOnstrued to be applicable to unencumbered balances remainl~g, to the credit of the Water Fund or any funds ~reated bY the setting up of special revenue,bu~ such balances shall be ~sed in fine/Icing the proposed expenditures~°f these funds for the fiscal year commencing the let day of October, 1962. S~gtio~ 3.4 - No department, bureau, agency, or individual receiv- ing appropriations under the provisions of this resolution sha~l ex- ceed the amount of its or his appropriation except with the consent and approval of the City Council first obtained~ and if such'depart- ment, bureau, agency or in~lvidual shall exceed the amount of its or his appropriation without such consent and approval of the City Council, the administrative officer or individual, in the discretion of the City Council, may be deemed guilty of neglect of official duty and may be subject to removal therefor. ~ect~on 3~ - Nothing in this resolution shall be construed as authorizing any reduction to be mede in the amounts appropriated in this resolution for the payment of l~terest, on, or retirement of, the debt of the City of Delray Beach, Florida. Sectio~ 3.6 - None of the monies enumerated in this resolution in connection with the General Fund, Water Fund or any other Fund of the City shall be expende5 for any purpose than those for which they are appropriated, and it shall be the duty of the Director Finance to see that this section is complied with in all respeots and report to the City Manager and City Council any violations thereof. Segt~on ~t7 - Ail monies collected by any department, bureau, agency or indiVidual of the City Government shall be paid promptly into the City Treasur~. S.e..c~ion 3.8 - The foregoing budget be and hereby is adopted as the official budget of the City of Delray Beauh for the aforesaid period. Provided, however, that the restrictions with respect to the expendi- tures of ~he funds appropriated shall apply only to the 'lump su1~~ amounts for classes of expenditures .which have been included In this resolution. TAX LEVY Sectio~ 4.~ - That there shall be and.hereby is appropriated for the General Fund °pera~ions of th~ City the revenue derived from the tabor 12 mills ~er one (~1.00) dollar of assessed valuation, which is her .eb.y levied on all taxable property within the City of Delray BeaCh for the fiscal year commencing October 1, 1~62 and tern~nating SePtember 3~0~ le63, the .assessed valuation on all taxable property for operating pu.rposes w.i~h!n the City of' Delray Beach being $$9,430,320 for oper~att~g &h~°r maintenance expenses of the General Fund, .and al~o in addition, all revenues derived by sai~ City d~ring S~ld ~lscal Y~ar fr0~ 'all Other sou=cea ~ha, the tax le~y .for current bond service0 and ~hat part. 0£ =olle~tion of delinquent taxes levied for bond service. Seution 4.2 - That the a~ount of ~oney necessary to be raised for interest ohangea and ~ond rede~tion which-constitutes a general obligation ~onded ~ndebtedness o~ that portion of the City of Delray Beach, which was formerly the Ci=¥ of Delray, is ~S,19~ and that there is hereby appromriate~ for the payment thereof, a~l revenues derived from the tax levy of 1% mills per one ($1.00) dollar of as- sessed =aluation, which is heYeby levied for that purpose for. the fiscal yea~ c0n~en=ing OctOber l, 1~6~ and ten~inating Se~te~er ~0, 1965 ,upon the tax ~able proper=y in that port~ on of the City of Delray BeaCh, which was ~orme.riy the City of Delray. the assessed valuation being $4~,268,9S0 and there is hereby appropria=ed, if necessary,, 'from the surplus sinking fund cash su£ficien't mS~ies which, together With proceeds of said tax levy £or debt, will meet the deb~ require- ments £or the aforesaid fiscal year. 'ARTICLE V PASSED AND ADOPTED by the City COunCil of the City o~ Delray Beach, Florida, this 10th day of September, A.D., 1962. /s/ ~al~er Dle~z ~'AYOR ATTEST ~ C~ty Cl~rk AN ORDINANCE OF ~ CIT~ OF DELRAY BEACH, FLORID~ LEVYING ~ ~SS~S~TS AS ~ ~ ASSaUlT ROLL S~T~D ~ ~ CI~ ~GER OF ~ID CI~, CO~NI~ ~ CON3T~TION OF S~ D~INS FO~ ~ ~ ~0~ ST~ 0~A~", AS ~0~ ON STO~ D~I~GE ~ST~ ~ FI~ T. F. 1868 ~-~, TOGE~R ~ INSerTION ~ CASH ~SINS, ~N HO~ A~ AP~ANC~ IN CON~CTI~ ~TH S~H STO~ D~IN~, SAID RO~ BErG ATTAC~ H~O A~ FO~ A PART ~F. ~ER~S, the City M~ager of the Cit~ of Delr~ Beach, Florida has, in pursuance to ~e Charism of said City, aub~tte~ to ~e City Cocci1 for approval, a report of the costs ~d the assess~nt roll for the conatr~tion of sto~ d~ains fo~ the apes ~o~ as "Sto~ D~ainage ~stem - N.E. Sec~d ~t~eet Outfall", as sho~ on atgrm' drainage system survey file T.F. 1868 ~-I, togetheP 'with installa- tion of catch basins, m~-holes ~d ~p~tenances In c~Junction wi~ such StoPs drain, a~ ~S, sai~ ~port and assessment roll were appPoved ~e City Co~cil in re~l~ session on ~e ~Tth day of August, 1962, ~3, ~ue notice concer~n~ said assess~nt roll w~ given b2 advertisement, b2 t~ City Clerk, in accord~ce w~th ~e Clt2 CharteP of said Oit2, for ~e p~pose of hearin~ obJectio~ to said assessm~t ro11, ~d ~S, no sufficient objections were received te ~e cosine tion of said assessment ~o11, NOW, ~ORE, BE IT O~I~D ~ ~ 0I~ CO~CIL' of the City ~ ~ay Beach, ~lorida, as follo~; SECTION 1. The assessments, as sh~ b2 said assessment roll ~ich is a~exe~ hemeto and made a part hePeof, a~e he~e~ levie~ against t~ properties ah~ ~ in ~e ~o~ts stated on said sessment ~o11, said assee~nts to ~ paid in t~ee equal-~ual instalments, to~ether with interest at the ~ate of 8%' per the first lnatal~nt beco~ng due a~d pa~a~le ?n Oc~obe~ 10. 196~ ~ O~ ~e 10th of Octobe~ rO~ ~e ~$X~ e~X~ $~ ~d said special assessments, so levied, shalI be a lien fmom date the assea~ents bec~e effec~ive, ~pon the ~espective lots parcels of 1~ described In said assessm~$ Po11, of ~e same nat~e ~ to the s~e extent aa t~ lie~ f~ gene~al City taxes, an~ $~11 be collectible in the s~ ~e~ a~ with the a~ penal- ties ~d ~der the a~e pPovisions aa to sale ~d forfeit~e as taxes ape collectible. PASS~ in Regu~ Session on second and final readi~ on this ~e 10th da7 of September , A.D., 1962%. /s/ ~lter Dietz -~Ayoa ', , . A~T /s/ R. D. Worthing ~t aead~ ~qt ~ ~d ~e~__ Septembe~ !0, 1962 Page 2 storm D=aXnage Sys~:em ABS.~S$1~N?< aOt~ H..E. 2n~ 60 97& E~ o~ ~ 49,,7~.,~. L.,~e -1-3,~. '.~ 175.63 10 & rE~ O~ H''24.'7~ ~' Kl~ens~th 3,290 44~1~ . ... 60 E~ of S 50' o~ ~1 Ve~ B. Br~dsh~ 3,290 65 N 15' of 12 ~lsie E. Buerk 1,965 26.35 65 13 & 14 Ada DO~8 13,964 187.3.1 65 - 15 & 16 a~ N 15' ~oze H..& o~ 17 E~ Po~ 16, ~6 215,6 7 2B~ 8 35t o~ 12 & B~ay(~o~, ~eF). 153,270 2,054.89 17 66 ~ o~ 6 3.B. & ~uclZe ~. ~v~s 1,637 21.95 66 ~ of 7 ~ g~ o~ 8 ~ C. Fge~ 4,912 65.G~ 66 ~ o~ H 25' of ZO ~. ~,~&~..L~Le ~. Ma~s 819 10.9 66 ~% Of S 25~ %f~, 10 ~rl~d W~ & ELino=e a E~ of 11' B ~-. ~Z~e~n 4,094 54.88 66 · 3/4 o~ 12 &N ~nold F; & 25' of 13 Van PeZ~ 8,187 109.76 66 S 25~ of 13, all W. -W.. & ~e w. ~11er 13,100 175.63 of 14 & N 25* Of 15 ~ 16 &S 25' of 15 C.O. & ~ g. Fr~e~ 9,825 131.72 6~ 19 C.H. ~er 7,500 100.55 66 20 C.H. ~er 9,350 125.3~ 66 E~ of s 2~' ~ Eltz~e~ Sm~ 27,800 372.72 ~ N'50* of S 200· of W~ ~e L~e C~ 6,950 93 66 WI00t of N 50* of 8150' Tena ~ ~tl~am Beokeg 5,000 67.~ 66 1,2,3,4,5,9I also 't~ W 3/4 of 6,7 ~ 10~ also W% of 8 & Broc~ay, W~r ~- 11~ a W~ of '12 Br~ay(NOt ~er) 62,224 834.24 67 I Alice h~. Brock & Edith A. WahnslodZer 10,021 134.35 67 2 ~are~ Ska~t'll 10,021 1~ 67 3 Fg~k A. Br~ker 10,021 134 67 . 4 Ade11~ Gr~ 10,021 134.35 67 N 44.5~ of 5 ~. F. Schwa~z 5,829 78.15 67 S 31.9' of 5 .& J.C. Zvesf aZ1 of 6 ~urFay, ~oa~a c.' ~bard, ~tha c. wilson,. Cason & R~e~ L. Kendall 14,200 190.38 67 7 a 8 J, C. Zves~ ~ K. ~rray, Joia C. A.E. Cuon. &-Robe~ &. Kendall 20, ~3 2~. 72 67 9 a ~ 26.5~ of L0 Trleste* C.o. 1~ ~ ~f492. 180.89 67 *S 50* of 10 A~r= V. & Graole'.~e ~le~q 6; 550 97.82 67 Xl ~rO~ A. ~ers~ lO, 021 134.35 67 12 J~l~ E. ~ders~ 10,021 134.35 67 ~3 Gr~ {~Neely 10~ 021 134.35 67. 14 ~:F.*. 'Mo~e - - lO, 021 134.35 0~4~ruction o£ Storm: Drains £or the &=ea kno~ ts :8TO]IM D~AZNAGE ~y FiLe T.F. L868 ~I, t~ether w~h .~ns~alla~L~ of catch bas~no, ~;holes-~ and ap~r~enances in con]~tion W~th ~ch 'Sto~ drains. As~9~s~n~ ~r~Benefited S~are Ft, ........... $ · 0~3407 o~0~e y. ~ne~ ~e~l~ed ~o~1 ~O:' I th~ 24 city of ~lray ~ch 165,974 $2,225.21 51 1 & 9 th~ 16 City of Delray Beach 93,360 1,25Z.68 52 7,8 & 9 and W~ of lO.& 11 City o~ ~kray~. Be~ ~0,:517 543.21 58 S~ of 10 V. R,~ & Fr~ces ,~edbetter 3,277 43,94 58 11 & 12 W. 'B. & Alice ~aderiak ~3,996 186.30 58 13 & E~ of 14 ~ee R~lty c~pany 10,422 139.73 59; N:TS~ o~ ~ ' ALex F, & Beatrice ~ls~ 9,870 132 59 s ~.5'0 of I & 'N 73.5' 'of'2 Florence ~, Condon,Sr. 9,870 132'.33 59 $ 3' of 2 &' VLc~oFA. & N 72* of 3 ~r~a M. ~Clercq 9,870 132.33 59 '"N 70.5~ of 4 ~ Harris 9,277 124.38 59 S 6' of 4, all of ~ch~e P. & V~v~ne G. 5, & N 1.25' of 6 ~app ~1,021 147.76 59 s 59.25e of N 60,~~ of 6 ~La Bur~older 7,797 L~.~ 59 S 15.7' of 6 & N Arthur~C; &.Jennie ~. · 50.8' o~ 7, less s osgo~ 8,488 113.80 4' of E 65.8' thereof 59 S 29.7' of E% of James V.'& Frances C.. 6,978 93.55 7 a E~ of 8, P~ato 59 W~ of S26~ o~ 7.& C.W, :~.Cor~nne K. ~11 6,734 90.28 59 N 75~ of 9 AI~ F. ~'&: Beatr~ce..W~lson 9,870 132.33 59 ~S 1.5~ of 9 &'N At,ur W. & Marion K. 73.5~ o~ 10 Yarnell 9,870 ~32.33 59 'S 3' of 10 a N · Arth~ W~ & A~es 72~ of 11 S. G~e' 9,870 ~32.33 59 S 4.5" of 11 ~ .N .70.5~ of 12 Ste~en BOykO 9,870 132.33 59 S 6' of 12, a11 o~ R~O~e P. a V~v/ne G. .. L3 & N 1.25~ of 14 ~pp 1L,021 i47.76 59 S 60~ of N 61.25~. of 14 /~la: ~ld'er 7,896 105.86 59 .srr~.15.7' of L4 & - N 48.8' of 15 ~-11a' M, ~S~e~t'e-., 8,488 113'~80 59:8' ~27.25.~ o~15-& J~s- V. '& Frames C. N 21.50 * of 16 .P/g~to 6,4~5 59 ~6, ~ss N 21,50' Geo~a B. CLark 7,238 97.~ 60 '1 'A. E~ '~S~'* ~. 9,830 131.79 60 ~ W. ~. · JU~lta O. case 4,915 65.90 607 Vl~tnla- ~.' .Ca~ 9,830 131.79 -60 8 Hele~' ~ ~ 9,830 :'L3Z. 79 9~ge 3. Storm DraLnage System ASS~SSI~ENT BOL~ ~.E. ~d ~7 ~6 ~ s 1~.5' of 15 Irene ~oore ~,528 ~ ~54.56 less w 33,15' o~ S22~ ~ereo~ S 36' o~ 22 ~ 16' o~ N S~ leas S 499' of E 148.6' of W-L-A-K Real~y CO. 45,064 6~.17 Said Block 73 1 ~ ~2,1e88 N143.5~ ~e0f ~d less El6* _. & 13 th~ 20 & 8% of 21,also W16' of 8499~ o~ E148.6~ thereof, less 'W% of S 36~ of 3, also less W% of 7, 8 & 9~ also less W~ of 10 & 11 w.R. Haggar~ *111,760 1,498,37 73 ~e W% of 3, 10 & 11~ a the W~ of 4 ~u 9 Bro~ay, W~er & Bro~ay (Not ~ner) '28,838 386.63 74 1 Arkie ~s. . 7,425 99.55 74 2 a N 6' o~ 3 R.C. Ke~ 7,425 99.55 74 S 44~ of 3 a N 11.5~ of 4 Margaret M. Br~lt 7,359 98.66 74 S 38.5a of 4 & N 17'~ Of 5 Har~ ~rg~ 7,359 98.66 74 S 33' of 5 & N 22.5~Ray P. & AI~a B. 6f 6 Br~ 7,359 98.66 74 S 27.5' of 6 & N 28~JO~ B~ & I~a ~. of 7- S~th 7,359 98.66 74 S 22' oE 7 & N 33.5~She~ ~ark Builders, '- of 8 Inc. 7,359 98.66 74 S 16.5~ of 8 a N 39'H~ard G. & Slsie M. of 9 ~a~on 7,359 98.66 74 S 11~ of 9 a N 44.5' of 10 MerLin S. ~mple 7,359 98.~ 74 11 a S 5.5' of 10 Vtrg~ta K. Jones 7,359 98.66 74 12 Ida~lle Smock ~es 7,425 99.55 74 13 & 14 F. a ~t~y M. ~.r~n 14,055 188.44 74 15 & S 6.25' of 16 E~ard A. &Ros~ond H. Robbins 7,458 99 74 N 43.75' of 16 & S 12.5' of 17 ~ro~ M. ~ler 7,458 99'..~ 74 N 37.5~ of 17r all Edward E. &vera H.~vaZZ OE 18, 19 G 20 a .& Dav~ H. ~vall, S 37.5~ of 21 T~stee 29,835 400.00 74 22 a N ~2.5' of 21 ~se Cox Earle 8,287 '111.10 74 23 ~ng S. cone 6,630 88.89 74 24 ~c~r~ T. Je~ 7,425 99.55 75 I & N 41~ of 2 Carl R. Br~ ~-B62 212,66 75 S 35.5' of 2 ~ W~ o~ N 20.5' of 3 R.W. Ward 6,175 82~79 75 W~ of S 56' of 3 Grace H. N~ckell 3,780 50.68 75 W~ of N 57.4' of 4 A. & Mar~on Yarnell .3,874 51.94  of N~.25e of 5 ~rt~ne ~son 3,871 51,90 75 O~ S 38.25' O~ 5*G W~ of 6 V/~tnia Keats ?,445 99.82 - 75 W% ~ 7 Pr~t ~d .Co., I~. 5,1~ 69.23 Page 4 Stor~Drainag~ System ~ESS~ ROLL N.B...2nd St. Block Loc ~ener ~ Ass.'m 75 9 C. & Juanita Boatwright 10,327 $ 138.45 75 N 51s of 10 C."& Juanita Boatwrl~ht 6,885 92%31 75 S 25.5'of 10 & N Walter A. & Ida L. 38.25' of 11 Roth -** 8,539 114.48 76' W~ of 2 "' John H. Jr. & M.E. Breze & R. A- & N. M. Breze 4,665 62.58 76 W% of 3,4~5 & 6 J0an AneSi 18,672 250.34 81 1 & 2 Julia ~awson Adam~ 14,084 188.83 81 3 a 4 J.L-. &Margaret' Patterson a H.B. &Dorothy K. Adams 13,510 181.13 ~l 5 J.L. & Margaret Patterson 6~755 90.$~ 81 6 & 7 Lola H. We~deroth 13,510 181.13 '81 '8 Barbara E. Dodge. Smith 6,755 90.56 81 9 Marie H. Strombeck 6,755 90.56 81 LO D.C.Jr.& ./~e.l~.4~e~l 6~ 755 90.~6 81 ll Dorothy A. ~ewlan 6,755 90.56 81 12 Dorothy P~ Baker 6,755 90.56 81 13 Dorothy AG P. Baker 6,755 90.56 81 14 ' ' Harry P. MCKea~'. 7,328 98.25 81 15 & 16 Milton J. & Catherine E,..Strong.' 14,168 189.95 81 17 John B. Smith~'Harr~ A. Ka/hler, Jr. & Joseph M.' Buehler 6,755 90.S6 81 18 Roy O. &Dorl~ L. Brady 6,755 90.56 81 19 Ida T, ~heeler 6,755 90.56 81 20 & S% of 21 Joseph H. G~lnkelman 10,132 135~84 81 22 & N½ of 21 J.~W. & Emily Henderson 10,132 135.~4 81 23 Harry & Genevieve Grady 6,755 90.56 81 24 Harry & Genevieve Grady 6,755 90.56 81 .25 Harry & Genevieve Orady 6,755 90.56 81 26 J.A.R.& Elizabeth Carter 6,755 90.56 81 W 50' of 27 & 28 Richard JL White, Jr. 5,212 69.8L 81 27 & 28 less w 50~ Richard J. White, Jr. 8,956 120.07 82 1 thru 12 Booth Westerman, Inc. 82,681 1,108.51 82 13 & 14 D.D. Cary 13,510 181.13 82 15 -RaymOnd E. & Vlrginta A. Metzler 6,755 90.56 82 16 a 17 Louise Roe Van Treese 13,510 181.13 82 18 thru 23 D.D. cary 40,530 543.39 82 w 54.65' of N 58' Joh~E.. & Ft~ella M. of 24 LaLonde 3,169 42.49 82 24 less W.~4.65~ Roy O. &.Dorls L. Of N 58' Brady 5,207 69,.81 83 1 & N 18.5' of:2, Paul & Dorothy Eo less an irregular Myers strip 12,50~ 167.68 83 8 20' of ~.-38.;5' of 2 plus'.an ~rregular strip & less an irregular strip Helen L.' Myers 2,700 36.20 83 N 18.8' Of S 38' Of 2, plus an - lrregular.St~ip J.L. Croft 2.856 38.29 ~ S 19.2' O~ 2 C~ayton ~. Ha~e 2,$92 ~ 34.75 ~ ~ N 34' o~ 3 Pau~ ~ 83 9 ~ ~0 Sou~easte se~&ce C~y ' 20, 6S5 276.92 ~ ~ Xl & 12 ~lorlda P~or t Light Co. 20,655 276.92 g~ o~ 14 & g~ o~ ~'~ H~ of X5 ~lwt~, inc. 7,745 X03,94 89 I & 2 Ra~ ~te 5,701 76.43 89 3 cla~on G. ~Xe 2,850 38.2Z 89 4 a 5 J~s J'. a Betty ~.Prleot S,~01 76.43 89 6 sea~rest Shops, Inc. 2,850 .38.21 89 7 w. 8. ~ell 2,850 38.21 89 8 · 9 seaGrost Shop8~ Inc.~ 5,676 76.i0 89 ,10 J~ G. Pyle ._ 2,833 3~.98 89 11 J~es B. · Gla~o O*Keefe 2,830 37.94 89 15 Joseph J. G~ 2,826 37.89 89 16 & 17 A.J. & ~l'J..~ehaeZ 5,3~2 72.02 89 29 th~ 37 Seaurest Sh0~s., Inc. 30,600 410.26 89 38,39,40 & N 9.65' o~ 4Z James I. SI~s 10,158 136.19 89 S 15.35' o~ 41 aZZ o~ 42,43 44 ;he~n D. Clough 9,072 12Z.63 90 I th~ 8 West sE ~ she~ D. 'ClOugh~ ' 30,282 405.99 90 9 m lO West o~ RE g.J. & ~ette M. ~=k 6,300 84.47 .. 90 A1 & ~2 West ~ Willard M. Waters 5,875 78.7} 90 13 & 14 West ~ W11lmg4 M. watgr; ~ 5,475 73.40 90 %5 · ~6 west 90 A7 & ~8 west o~. ~ WtZlagd M. ~tmrs 4,665, 62.~4 90 19 th~ 24 West Sou~h PZo~Xda AsphaXt ,. .... 9~ ~ 153' o~ strlp bet. BZ~k Sou~easte~ 83. i ~11g~d Se~l~e C~F 7,344 98.4G 91 S 76.S' o~ H 229.S' of t~X~. 8t~Xp ~t. Bilk ~XXr~d e~y 2,295 30.7 7 gx S XSX.5' of ~riang. ' m~rip ~. Page 6 .Stozm b=a"*nage System ~SSES~J~ ROI~ N.E; 2nd proper~V Descriutio~ ~1 Xda Park ~ Sq. ~e. ~ss'm Blk. LOt ~ 1 Ev~ ~o~tain 7,292 $ 97.76 6 2 ~.R. ~ Evel~' Fo~tain 7,500 100.55 6 3 Melville · Susan B. B=~n 7,500 100.55 6 4 S. K~ik~i 7,292 97.76 6 5, 6 ~ 7 AII~ E. & Eula ~. B=auch 1~,000 241.33 6 8 "' F~ces Tu~e~ 6,000 80.44 6 9 D.H. Tu~er 6,000 90.44 6 i0 & 11 Fred J. P~el~, Ele~or P. Case a ~OUiSe V. Burke 12,000 i60.~ 6 X2 ~ 13 Helen E~ards 15,032 201.53 6 14 Marie Pet~=oi 7~ 620 102.16 6 ,.15' Nils & ~a~it ~. Pearson 7,412 99.37 6 16 Ol~pio & Victoria Bosco 6,000 ~0.~ 6 17 th~u 22 ~o~ E. & R. ~. ~assie ~ M~s. D. D. ~l~ln~ill 36,000 4~2.6~ ~.' 7 1 ~a=les ~ ~na Suc~e~an 6,092 81.68 7 2 ~azles ~uoke~ 6,300 84.47 7 3 L. ~. Tagga=t 6,~00 ~.47 7 4 L.M. ~aggazt 6,092 ~1.68 7 5 C. ~. & L~ise Y. ~n~n 6/000 ~0.44 7 6 th~ I0 C~ ~'; Manson 35,962 4~2.14 7 11 ~ 12 less ~ 10' S. G. ~ Helen ~. Roddick 12,622 169.22 7 13 ~ ~ 10' o~ 11 Be=haze E. Muelle~ & 12 7,200 96.53 7 14 Helms C. Rohl 6,000 80.44 7 i5,~6 · ~7 Charles Zucke~man 1~000 241.33 13 3 · 4 ~. W. S~ 12,000 160.8~ 13' 5~ ~o~ ~. Mezo~ 6,000 80.44 B ~23' of 6 460' o~ *E~ A.L.HtlZe=, ~=., ~eeeoE (R~) ~=intty gvangelicaZ Lu~egn ~u=~h oE ~Z~ay Beach. 41,400 555.05 E 123' Of S Z00' of ~ ~0" of E~ o~ ~ 12 ~300" ~' less B33' ~ Alice Gall~ay 9,000 120.66 g 123' o~ H 100' o~'E~ o~ ~ 12, less E 33'~ K. M. Davis 9,000 120.66 g 123' o~ S 37.5' o~ E 30~.09" o~ Lot 11 less E 33' R~ Ru~h S. ~lbrtght 3,375 45.25 Florida East C~st Railroad ~'bo~d' ~ ~e East by khe cen~er 1Lne o~ said ~ on the BO~h the sasterly ext~slon o~ ~he N~h line o~ ~ 5, Bl~k 1~, Del Zda Park~ on ~he wes~ by the ~estegly lin® o~'sa~d ~ and'~ ~e Sou~~ ~'~e easterly e~enston o~ ~e eas~esC c~erltne o~ ~t 15, Slik 83 :~ ,,, I12,268 L, 505 - *.~.>. 2,667,801 $35, 7~7.21, Page ? Storm Drainage System ASSESSMENT ROLL N.E. 2~4~ St. Belvedere Const .Co. ~158, 506.29 Brock~aT, W~ber & Brockway t4,955.36 Florida East COaSt RR'. 4,961.61 Delray-Be&ch News-Journal 171.05 Recording Res. No. 1316 13.75 Assessmen~ Roll (est) 214.80 Ord~ce ~e~lng COsts (e~t) 13.20 ~i78, 836 · ~ ~SS 8~ 143,068.85 Ctty*s O~ '2~ ~o be ~SESSED $ 3~,767.21 AuthOrization ~n Re~ula~ Session J~y 19~ '~962