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10-08-62 26'~ OCTOBER 8, 1962. A regular meeting of the City of Delray Beach was held in the Council Chambers at 8=00 P.M., with Mayo~ ~alter Dletz in the Chair, City Manager Robert J. Holland, City Attorney John Ross Adams, and Councilmen A1 C. Avery, George Talbot, Jr., George V. Warren and Oliver W. woodard, Jr., being present. 1. An opening prayer was deliveredby the Reverend Ralph JohnSon. 2. On motion by Mr. Woodard and seconded by Mr. Talbot, the minutes of the regular meeting of September 24th, 1962 were unanimously proved. 4. Mr. Warren read the Beautification Committee Meeting minutes of Thursday, October 4th, 1962, as follows~ "Members present were= Bud Merritt, Mrs. Peg Boweno ~rs. Frank Carey, Clarence Galinat, Wade Cartes, Charles Toth, Russell Rennet, Mrs. Gladys Little, Mrs. MarJorie Evaul, J. B. Smith, George Warren and guest Mrs. HOward Wharton. "Minutes of the last meeting were approved as read. 1."~rs. L~ttlegave a comprehensive .and enlightening report on the Florida State Chamber of Commerce Beautification Conference which she attended as a representative of the Committee. 2,"A motion was made by Mr. Galinat, seconded by Mrs. Carey, that the city be asked to remove the two bencheS located on N. E. Fifth Avenue, across from the entrance island. MOtiOn passed. (council action) 3."A motion was made by Mr. Galinat, seconded by MrS. Little, that work begin at once on landscaping the area on the West side of Fifth Avenue, So~th of Eighth Street, including the civic club sign. Cost of supplying water to be charged to the Committee's Budget. Motion passed unanimously. (Council action) 4."On motion by Mr. Galinat, seconded by Mrs. BOwen, the Com- mittee voted to request that the benches and trash receptacles on the beach~be replaced wherever necessary and that the awning on the north pavilion, be replaced. (council action. ~,"A general discussion was held concerning projects that the committee should undertake during the next year." Concerning Item 2. Following discussion, Mr. Woodard moved that the City Administration investigate said benches and if the City has. the jurisdictionto remove them, that they be removed. The motion was seconded by Mr. Avery and carried unanimously. Concerning Item 3. Mr. Avery moved that the work proceed on this project and the mo~ey to come from the'City Beautification Committee Budget, the motion be/ng se~ondedb~Mr. Warren. Mr. warren explain- ed that it would take app~pximately $300.00 to run a water li~e from a sprinkler system in that area, that the Beautification Conu0~ttee would not be paying for the water but would pay for the pip~ to get the water to this location and from then on it would be up to the city. Mr. Avery stated that his motion still stands. Upon call of roll, the motion carried unanimously. 10-8-62 October 8, 1962 Concerning Item 4. Mr. Talbot moved that this be referred to the City Manager to be done at his discretion, the motion being seconded by Mr. Avery. There was discussion concerning the cost of some of the trash receptacles on the beach 'and Mr. Woo~ard suggested that there be investigation and a re~ort on the cost of these items proposed to be purchased. The motion waschanged in ~hat this would be referred to the city Manager and he ~would report back to the Council as suggested. The~motion was-seconded by Mr. Averyan~ carried unanimously. X. Mr. Woodard moved that ~he City Attorney be instructed to defend the suit against the City as brought by Mr. Smitzes, using his dis- cretion in the defenseof this suit. The motion was seconded by Mr. Avery. U~on call of roll, Mr. Avery, Mr~ Warren and Mr. Woodard voted in favor .of the motion and Mayor Dietz a~d Mr. Talbot abstained from voting.. X. Mr. ~arren excused himself to attend another meeting. 3. Mr, Edwin Conklin, Commander of Post 65, America~ Legion dressed the Council and asked to'reada short communication from the COmmittee appointed concerning United Nations Day Program, as.follows: "The Committee of Veteran's Organ~zations and their Auxiliaries of Delray BeaCh, was £ormed at the request of the City Council to plan a celebration ~in honor of United Nations Day. This we are endeavoringto do, as.Community Service is one of our basic principles. As representatives of our Veteran,s Organizations, we do not consider our personal feelings.either on the pro's or con'~ of ~h~ Onited Nations, of importance. If it is the will of the ~ounc~l~we shall continue w~th our p~ans? fez the celebration~ ~f not, we shall disband the committee as of~ this date." Mayor Dle~z et&~.that.the programs~ould go along ~s~.~lanned. 3. Mr. O. F. Youngblood of 210 N. W. S'th Avenue, complained of a disturbing nuisance at improved properties in the area and of ex- cessive s~eeding in the area, and asked, if the Council could do something ~bout th'e elimination of these nuisances. Followin~ comments, .~r.~v~zymoved tha~the-City Manager be ordered'to~u~~ all of the ~ea~s~a,t his dispssa~ to legallyabate these nuisances, the motion being seconded~'by Mr, Talbot. Upon call of' ro~L, Mr. Avery, Mr. Talbot and Mr. Woodard voted in favor of the m~tion and' Mayor Dietz abstained from voting. 3. Mrs. Catherine. St=cng,' ltl Dixie :BOUlevard, ~nformed-the Council ~hat £rom ~n.fo.~mation.,rece'l~ed..s~e believes ~ere,is a shortage, of personnel at the Fire Depar~Yment which is considere~lins~ficient to ~erform the intended functions of said Fire Department, and that she ~rusts the. Council will do something to .correct this situation. ~.a. A roll call showed that the following Civic Organizations and representatives were in attendance. Chamber of commerce Mr. Kenneth Ellingsworth Beach Taxpayers League · ~es. Dozothea Galvin Seagrape Garden Club Mrs. James Bogen League' of Women Voters Mrs. Frank Carey Beta Sigma~Phi ~ Mrs..Wm.'~.Black & M~. Tedd Jakomas Business &~ProfessiOnal Woman*sClub Miss Adeline~ Graham Woman's.Club Mrs. L0 E. BUel ~merican Legion Post~No~ 65 Mr. E~win C~nkltn Girl Seo~t ~N~lghbOrhOed~:~hm. Mrs. Fay carpenter -2- ~10-8-62 OCtober 8, 1962 5. A letter was read from Mrs. Sarah M. Keith0 dated September 30th, 1962, as follows: "Your declaration that October ~th marks thebeginning ~Clean up Paint up Week'% deserves special praise from all the citizens of this community, we are all aware that our town should look its best, not only as a matter of civic pride, but £or the pure economics inherent in our tourism. Let's hope your plan receives the full backing it deserves. Incidentally, wouldn,t it be & good idea to start with the painting of one of the town's dingiest buildings - the head- quarters of the Painters Union, 1260 S. E. 1st .Street." 5. The following letter from the Delray Beach Chamber of Commerce° dated October 5th, 1.962, was read. "In view of the over-all acceptance and excellent friendly relations emanating, from the 'One Hour Free Parking' program, the Merchants' Divbsion respectfully requests that this program remain in effect. "'To e~hance the program it is recommended that the base of the meter head be stenciled with yellow lettering on a black background, to read~'Com~limentary, 1st Hour F-tee'. "Your favorable consideration of 2his request would be apprecia~ed by the merchants." Mr. Talbot moved that this item be directeO to the City Manager to check, into and see what can be done about quested by the Chamber of Commerce. The motion was seconded by Mr. Woodard. It was noted that this would not change the present policy concerning parking meter operations. Upon: call of roll, the motion carried unanimously. 5. A letter from the Civitan Club dE Delray Beach, dated September 18th° 1962 was read, calling attention to a ~esolution, concerning need for prayer and p~aue, adopted .by the-delegates of the 42nd Annual Convention of Civitan International. Said Resolution: was also read. ' 5. The following letter from Municipal Judge James Nowlin, Jr., dated October 8th, 1962,-was read. - "In Municipal Court on October 8, 1962, Bleazer Newbold was con- vlcted on ~he .charge~ of driving while intoxicated a~d speeding. He was fined $165.00 or 37 days in jail. . "I have' been informed-that Newbold has no funds to pay the fine and will be forced to serve his full sentence. I have also learn- ed that he is a married'man and has 7 children, the youngest being six weeks old twins. Up to the time of his arrest, Newbold was working for Boones Nurseries, ~nc. making a weekly salary of approximately $65.00. "I feel that this is a hardship case and some provision should be made for the support of the children. I have dis~ussed this matter with Newbold~e employer, Mr. Milton J. Boo~e and wish to make the following recommendation: "I recommend that the City Council change his sentence to read that Newboldis to serve his sentence by being confined in jail every Saturday and Sunday'until his sentence has'been served. Mr. Milton J. Boone has agreed to pay the balance of any fine that should be incurred by Newbold'e fallureto serve h~s ee~tence." -t- ~0-8-62 268 October 8, 1962 Mr. Avery moved that the recommendation 'of the 'City Judge be ordered, the motion being seconded by Mr. Woodard and unanimously carried. 6.a. The Council Was inf~rn~d that Mina B. Fischer had applied, for transfer of Liquor LiCense .No,-135 ~saued to~Adelaide' C~sby for oper- ation of Bob's Bar at 229 East Atlantic Avenue, said applicant having arranged for purchase of this business. Further, that the usual in- vestigation ofthe individual~ had been conducted~ resulting in appli- cant being approved by the Chief of PoLice and that said transfer is recommended to be made, it being so moved by. Mr% Woodard. The motion was seconded by Mr. Talbot and carried unanimously. 6.aa. The Council wes informed that Mr. A; D. Marticos had purchased the business known as the Reef Restaurant, 25 S. E. 6th AvenUe, which along with other licenses carries license No. 976 to sell beer. Fur- ther, that Mr. Marticos requests that. that operation be extended to beer and wine in connection with the operation of the restaurant, and that the applicant has been investigated in the usual manner and ap- proved by the Chief of Police, and that it is recommended that the request be granted, it being so moved by Mr..T&~O~. The motion was seconded by Mr. Woodard and carried unanimous~¥, 6.b. The Council was informed that Mr. T. L. Jackson requests a per- mit to establish a car rental agencyat I03 East Atlantic Avenue, which application was disapproved by the ~B~ildlng Official. It was reported that the desired location of this activity is in C-1 zone and that for the past several years, two other similar businesses have been licensed to operate on Atlantic'.Avenue in this C-1 zoned area. Further, that it is recommended that a permit for the activity identified by the appl~oant, be granted, subject to it being under- stood that there s~a~%~be no processing ox t~a~ment of materials, goods or products. Mr,~'~AVery moved that p~rm~s~ve use.be granted to the same extent as 'the other busi~nesaee of~similar type on Atlantic Avenue. The motion was seconded by Mr%.Ta~bot and carried unanimously. 6.c. Concerning request for abandonment of an easement over the West 10' of LOts 1, 2, & 3, Block A, Pine~ge~H~ights, which item was de- ferred 'at the september 24th Councll-~eeting, .City Clerk Worthing re- ported that it had been recOmmended that-~Res~lution be provided for the reloca~oh~'of this easement to the'~W~s~.~of 'the property which would be the west 10.feet of the East half'~f Lot 5, Block A, Pine- ridge Heights. Mr. Avery moved'tha~ the Cl~y Manage=~e directed to prepare the ne- cessary Resolution and return it to Council for action' at the. next regular meeting. The motion was seconded byMr. Talbot and carried unanimous~y. 6.d. The Council was informed .of a request'from~ShermanWilliams Post No. 188, American Legion, to sponsor their annual Thanksgiving Festi- val, the week of November ,~h ~t~ru 24th at theWestSide City Park, and that they womld leave ~e grounds ready for the usual inspection and with' th~;~'of the ~OL'ice Department wOu~ld ~see that order is maintaine~.~ ~r~her, that it is recommended' tha't' this request be granted, i~eing somoved'~ MT. 'WoOdard. ~he~motio~% was,seconded by Mr. Talbot and carried unanimously. 6.e. The Council was in~orm~.th'a~ the~erms ofmembership on the ContractOrs Board ~f EXaminers, for: Charles W. TrieSte (General~C~ra'cto~) Member Bert B. Boldt (Sub-Contractor) Member Thomas E. Woolbright (General Contractor) Alternate ~'~ Member explre"October 9, 1962 and~ty .of ~e~ra~Beach Building Official Ralph A. ~ughson, together with the remaining members of .said Board, - -4- 10-8-62 269 October 8, 1962 recommend reappointment of the above named individuals, who have faith- fully se~ed in their respective~capacities, for a three year term commencing October 9, 1962~ Mr. Woodard moved for the reappointment of'said individuals to their respective positions. The motion was seconded by Mr. Avery and car- ried unanimously. 6.f. The Council was informed that the term of H. Ben Adams as a member of the Palm Beach County Resources Development Board expired October 1, 1962 and the remaining Board members recommend his re- appointment to said Board for ensuing three years. Mr. Talbot moved that Mr. Adams be reappointed as a member of the Palm Beach County Resources Develolmment Board as recommended, the motion being seconded by Mr. Woodard and unanimously carried. 6.g. Concerning further consideration of engineering services for a new water supply well, it was reported that on September 24th the Council rec~$ested that this matter be~deferred.until this meeting. Further that a copy of the original proposal of Smith & Gillispie was. forwarded to each Councilman and that .the City Manager probably de- sires to discuss this matter further after having received an alter- nate proposal from other consulting engineers. Mayor Dietz announced that this item will be deferred until such time as the communication from Russell and Axon could be sent out to the Councilmen for their study. 6.h. The following letter from Dr. RObert E. Raborn, dated October 10 1962 was read. "Thank you for your. prompt attention to the temporary drainage of standing water in front of my .property at 1177 N. E. Eighth Street. "Will you arrange for a permanent drainage system to be ed. Can this work be done within the next thirty.(30)..days be- fore the Delray Beach Medical Arts Building is completed?" The City clerk then read a memorandum from Assistant Director of Public Works giving a ~eport on the drainage situation on the North side of N. E.. 8th Street East of the Intracoastal Waterway. Mayor Dietz commented as follows: "At the afternoon meeting we . discussed only Phase 1 and Phase 2 at a total estimated cost of $10,250.00. That is to be 24" pipe and at the' standard arra~gement) of 60% to the property owner and 40~ to the City would be the dis- tribution, and I think a motion would be in order authorizing the City Manager to get in touch with the County Engineer so that a pro- per program might be presented and proceeded with.", it being so movedby Mr. Avery. The motionwas seconded by Mr. Talbot and carried unanimously. 6.1. The City Clerk informed the Council that a request for opening, grading and paving of that part of S. W. 5th Avenue lying between 6th and 7th Streets had been submitted by owners of approximately 66% of the lands abutting thereon, with the understanding that said lands would Share in the cost of such improvement with the city, in accord- ance with the present street cost sharing policies. ~urther that the northern terminal of this proposed paving is dead-end and the city's cost sharing policy for such is 90~ to be assessed against the bene- fitted properties a~ 10~ to be shared by the city. Mr. Woodard moved that ~he City Manager be authorized to prepare a Resolution with the percentages to be 9~ property owners, lO, City, and to proceed with the necessary data in this matter. The motion was seconded by Mr. Avery and carried unanimously. -5- 10-8-62 '270 October 8;,1962 6.j. Concerning a request of Cl~£~ Defense-~Director,.-Ool. Ellis Altman, for appointment of Civil'~ef~nse;-Dlre~tor~fOr.~he· City of Delray Beach, it was reported that Col. Altman talke~ with the Council this afternoo~ concerning-said apPo/ntment. - 'Mayor Dietz asked :that Counci.lma~ Woo~a~rd 'givea report on the Civil Defense program.that is being carried on in Delray 'Beach even though there is no Director. Mr. Woodard stated that they are trying to obtain a qualified Director' for this position and reported:~fu~her, as follows= "Phase 1, in the rejuvenation of. the pro~ram, this year has been in our efforts as indicated in the nextitem on theAgenda, that being providing communications equipment for the program, specifically County and state communicationsnetworks, to.be, maintained and operated by our local Ham Radio Club. We have,quite a large and active club in our area that's vitally interested in Civil Defense. At the moment a Mr. Clifford Thomas is President of this organization, A short time'ago, this club, acting as an interim group.on.behalf of the City, participated in a Civil Defense Communications alert, pure- ly a practice alert, and as a result of the efforts of these indi- viduals they originated ~3;messages,, received 21, relayed 91 and delivered 21 others. So we do.have a nucleus of a program established. we have a very fine office-over at the-old City Hall which is avail- able and ready for further use and I think-in the very near future we will have a very fine Civil!Defense program going for a very nominal amount." 6.k. Concerning communication equipment for Delray Beach Civil Defense Office, the ~ity Clerk'iafOrmed~-the Council that Mr. Woodard had fur- nished a complete list ofelectronic eg~ipment necessary for the office of the Communication for Delray Beach Civil Defense with a determined cost of .$2,133.15,' further, that lt~ie ~nd.e~stood that the State and County, being provided Federal ~funds, share on an equal baais with matching funds for providing for such disbursement and expenditure, however, it is understood that at this time there are no Federal funds. ~urther, tha~ it is.recommended that at such time that Federal'~unds are determined to be available for sharing the cost of this electrical equipment, that the City Manager be directedto'pro- vide for procurement thereof and sharing of the cost on an equal basis with Federal matching funds, it being so moved by Mr. Woodard. The motion was seconded by Mr. Talbot and carried unanimously. 6.1. Conoerning~isposaI-of the kitchen, equipment located in the Community Center,,'~t was reported that there had been one offer re- ceived for that from the Bethesda Memorial Hospital in the amount of $1,500.00. The Council was reminded that any,offer for city owned personal property is not accepted at the, moment, but advertised to the public, identifying the amount and the~pe~onal~ proper~y, etc. It was reported that,there had been requests, from iRdiv, iduals in the community that this equipment not be disposed of, and that it may at some time be used at a. time of disaster, for a disaster kitchen. Mr, Avery moved that this matter be tabled until such time as the Council can hear all of the. angles of this and properly make up their.minds, the motion being seconded by Mr. Talbot. The public~ was encouraged to, make their feelings on this matter known before the.ne~t meeting.: Following further com~ents and a question as to how long this matter;wD~d be deferred, Mr. Talbot- Suggested that the motion .be that thi~matte.r be deferred until the next meeting and if there is noappropri~e answer-then,, table it until the nex~ meeting; etc., which would ~.keep it alive un~i;1..itis brought to a Conclusion. ;Mr~ AVeryaccepted the.amendmpn~.to_his motion, and uponcall of roll,;.,the motion oarried, unani~0usly. -6? 10~8-62 27i October 8, 1962 6.m. Concerning' City Halloperation, CityMa. nager Holland asked per- mission from the covncil.to close the air condl'tioners after 5 P.M., on Friday evenings, unless some department may work, until sometime Sunday night or 14onday morning, which would save from 48 to 60 hours on the use of electricity and also the wear' on the equipment, this to be tur~ed over to the recently appointed Safety Engineer, if ap- proved. The City Manager informed the Council that he had picked up all City Hall keys and redistributed them to the personnel that should have them and asked council permission to force any employee who come~ into the building after, work.hours tosigna registration book, said book to be placed at the telephone switchboard,' as to the time they come into the building and also.the time they leave~' with the belief that there will be a further savings on the light bill. Mr. Avery moved to accept the recommendation of the economy minded City Manager, the motion being seconded by Hr. Woodard. MayOr Dletz commented as follows: "It's not all economy, This building'has been in,se in late eveninghours when it shouldn't be' so used and for that reason Mr. Holland has picked up the keys and put in a hook and ! hope that Mr. Holland will go a step further and if any employee does come into the city Hall and does not sign ~nto the re~ter~he should be.dism~esed.# UPon call of roll, the motioncarried unanimously. 6.n. It was reported that to fill the need for equipment fbr the city's lot ~aringprogram,'the~following bids for a tractor-mower have been~rece~ved~ and it is.recommended that award be made, to the low qualifiedbid~r. · F. & C. Tractor. & Equipment Company $3,478.78 Growers Equipment~Company $3,570.00 Trail Ford Tractor Company $3,247.00 City Manager Holland stated that thiswas in keeping witha program that he is trying to develop in the form'of standardization of parts, etc. - Mr, Woodard.moved that the low bid be approved, the motion being seconded by,Mr. Avery and unanimously carried~, 6~o. It was reported that the following bids had been received for two 2-ton truck chassis for garbage packers, and that the~City ~tanager wished to discuss this.with Council to' determine~the quali- fied bid~ .- Adams Chevrolet Company $5,879~76 each General GMC Truck Sales & Service $6,011.55 each~ Hunt Truck Sales & Service $6,300.00 each Terry Ford Company $6,401,.85 each Earl Wallace Ford, Inc. $6,326.27 each City Manager Holland ~stated that there were twobids on Fords and that he would recommend accepting the lOW bid in the Ford line as all garbage packers at this time are Ford equipment and it would further standardize the equipment program. The City Manager further commented on the specificatiOns concerning wheel-base, etc. Mr. Woodard started that,inasmuch as-the Adams Chevrolet bid is the low bid in dollar volume, he would like to hear from the Adams Chevrolet Company as to whether their bid meets the specifications and would like to know why the council would not accept the'low bid in this case. Mr. A. J. Adams, Jr. stated that they bid on the specifications that were set up and felt that their bid met the specifications, further, that it would take ver~ l~ttle alteration ~o mount the garbage packer on the Chevrolet chassis and~commented at length on his opinion as to his truck meeting the required specifications. -7- 10-8-62 Octobe~ 8, 1962 The City Manager stated that he thinks the only truck that 'qualifies under, the specificmt~ons, that he would prefer paying less for a tr~ck, but he wants to standardize the city equipment. There was lengthy discussion concerning the specifications, request for bids and mounting .of the body on~different makes of chassis. Mr. Woodard stated that he ~oesn't see where the c/ty has any alternative but to accept the low qualified bid in this case as per the specifications.and moved that thelowbid of Adams Chevrolet, in the amount of $5,879.76, be accepted. ~There was no second to the motion. Mr. Talbot moved that this matter'be deferred for further clarification, the motion being seconded.by.Mr. Aver~. Following further discussion and upon~call of ro~l, Mr. Avery, Mayor ~ietz, and Mr. Talbot voted in favor of'the~motlon and Mr. Woodard was opposed. 6.p. Concerning beach cleaning operation, City Manager Holland stated that about a couple of months ago there was a letter from a newly formed company relative to a ~lece of equipment that they pro- posed to the city v~lder contract to keep the bea~:.h cleaned for ap- proximately $8,200.00 per year. Further, that after repeated calls he finds ~hat there~may be a demonstration of this eq~pment in about 20 days, but that a grader is needed, and that the money is in the budget for same, also ~hat he would like permission from Council to ask for bids on the standard type grader, .forgetting the possi- bility of burying seaweed on the beach, and if and. when this demon- stration proves successfuland~-th~.Council sees .~lt to ~ontract, it will only eliminate.the labor, and,that can be done at any time, also that funds are available for-the grader in last year's budget, it being so moved by. Mr. Woodard. The motion was seconded by Mr. Avery and carried unanimo~sly. 6.q. It was reported that at the previous COdicil meeting the City Manager submitted to Council the off. er of £4=. W. E. Snow to sell a five acre tract of land adjacent to ~the City owned trash dump.South of town for the price of $7,500.00, and that the Council had re- quested that the City Man.ager make a study of this to see if he could locate from somes~urce the necessary funds to purchase this property. City Manager Holiand.~eported that there is ~o poss~btlity~ in last year's budget ~0,make~this purchase, that it would have to come out of the current budget, further., that this trash dump is presently .owned by M-r; Snow:,::it Joins the city land and the city is now using it. May~r Dietz stated ~hat he would like a motion turn/ng down this offer a~s-~here are no funds and that it could always be resurrected if funds are ava$1able~ it being so moved by Mr. Woodard. The motion, was seconded by-Mr. Avery and carried unanimously, 6.r. It was reported 'that the City Manager desired to discuss with Council the problems and complaints re~eived relative to hauling and removal of sand and muck from Tropic Palms Subdivision. The City Manager stated that there had apparently been trouble in that area before, and that he had di.s~,u~aed thi.s with the gentle- man who had compla~.~d, whose desire was that al~rucks would go to Germantown R0~~ regaNdless of their~dest~nation. .The City Manager stated that ~ere are three routes that ¢ou~ld be used for dump trucks hauling mqc~ ~nd sand which should not affect .proPerty owners .in the area, as 'follows: "1. Germantown Road for all.customers located northeast and nor=hWest. 2.Dotterel Street to JaegDr Drive to..Curlew Road to Albatross to the end, of Lindell Boul~vardan4.ontoFederal .Highway. 3. hindell Boulevard to Brant Drive, through Hidden Valley to Dixie. -8- 10-8-62 273 October. 8, 1962 "The latter two would be better suited for operation in the south, southeast andso~thwest." Mr. Talbot moved that the Council approve the plan and instruct the City Manager to proceed in the best-~possible fashion to make the people happy, the motion being seconded by Mr. Woodard. Mr. ~. T. Berry, Ibis Drive, Tropic Palms Subdivision, stated that last year a delegation from Tropic Palms had appeared before the Council with complaints on various items, and that Mr. Woodard had been appointed 'chairman of a com~ttee to investigate these complaints, following which there was some relief for a short time from some of these unsatisfactory conditions. Mr. Berry complained concerning the operatio~ of a sand pit, m~ck pulverizing, drag lines and trucks haul- ing these products using the residential streets in said subdivision, also the noise of earlyoperation of said e~uipment, and the possible violation of the zoning ordinance in permitting that operation in the area. There was lengthy discussion concerning these complaints and ln- vest£gation of same. Mr. Berry said that he objected to the trucks being ~outed other than to Germanto~n Road, and still objected to the noise of early operation of equipment and any other violation of the city ordinances. Mayor Dietz asked Mr. Berry to come to the next Council meeting and report what progress had been made. Mr. Avery said that he would like a report on the industrial oper- at,ca in that area, and City Manager Holland asked the Council what action they wanted tomorrow. Mayor Dietz stated ~%at it WOuldbe to get the trucks to use the one route to Germantown Road and to fol-low up on the'operation of machineryat an. early or late hour and whether it Ss in violation of the Zoning Ordinance. The motion and second to approve the City Manager's three .proposed truck routes co~cerning this item were withdrawn in the interest of a better solution. ?.a. Concerning the United Nations-Day program, City Clerk Worthing read the following letter from Mr. EdWin 'J. Conklin, Com~anderof Milton-Myers-Post No. 65, American Legion, to City Manager Holland. "On behalf of the combined Veteran's Posts of Delray Beach, I would like to take this'opportunity of inviting the Mayor, City Commissioners and yourself to the Special United Nations Day program at the Civic Center, Oct. 24th at 7:30 '~This program is being put on at the suggestion o~ the City commission and we would appreciate their attendance." 7.b. Concerning drainage improvement in Seagate Drive and M~taleuca Road area the City Clerk read the following memorandum from Assistant Director Of Public Works D. E. Christison, dated OctOber "Herewith are drawings of proposed drainage structures at locations requested. "No. 1. Oleander Lane from existing inlet at Melalueca Road southward to an existing i~let 233 feet south. This pipe may be Justified in that it wi~ elimina~e water standing in the catch basins at Melaleuca Road. As the profile shows, there was sufficient drainage northward in the swale on east side of Oleander Lane until filled in front of w~at is now. the Dunbar property. This has been done in the past year. Estimated cost ~or pipe insta~led ~850. "NO& 2'. North side Melaleuca from existing inlet at Seasage Drive to west side of Mrs. Schl~y* drive~ay. Estimated cost for pipe and inlet $650. October ~, "This drainage could be adequately provided for by the con- struction o~' a .~ve~ swale so that ~il~up of grass not block ~nage. ~e top of the ~s~-ng ~nle~ ~s. ap- proximately 4 i~chea below the west en~ of existing "NO. 3. We~ s~e of:'Seas~e Dr~ve f=om .ex~sting ~nlet at Hibiscus Roa~ ~ existing ~aved -park~.appro~tel~ 113 feet south. Esti~t~ c'o~t 'of in~'t and ~pipe. is $650. "This case ~s simlla~ to item % 2 ~ove. There of ap~roxi~ely 10.inches f=om paved parking to the existing inlet=. ~ale coul~ ~' const~cte0, 'an~ cleaned periodically to provide a~e~a~e ~r~n~e. "A si~lar con~ition exists on the east s.lde of Seaeage Drive, directly op~osite, but here' the ~ner ~i~ not want the awale cleane~ o~t." Mr. Avery ~ve~ that the work ordere~, be.done; an~ that the money come from the street ~mprovement fund, except ~here ~roperttes have not been assessed before a~ they be su~eyed and ass~sed. Mayor Dietz sa~ tha~' he pre~ume~ Mr. Ave~ was spe~ing,a~u~lelaleuca, Oleander a~ seasage area, a~d, ~. A=e~..co~ente~ aa follows= "Yes Sir. ~ "th.~ ~at we.~ave ~iscussed that some p~.rties have been assessed before, paid for drainage which ~y are not getting, and they ce~ainly are enti~le~ to get that for ~hich ~hey pai~. some ~e properties have never been assess~d~and t~ey .ahould pay for ~hiuh they are getting, and that ~s the put, se of ~'~tlon," ~e was secon~e~ by ~. Talbot, and carried unani~sly. Mayor Dl~etz'cited some instances of '~ainage assessmen~ in'the subject 'area that he-considered gross ~ne~lt~es.  . C~ty Cierk Worthi~ ~a~ '~SOL~ON ~,' 14~8. A RESOL~ION OF T~ CI~ C~CIL OF ~E CITY OF ~E~Y B~CH, F~R~, '.ASSES8~ COSTS FOR'A~TI~ ~I~C~ ~N CErTaiN .~. ,h~TED WITHIN SAID C~TY~ ~I~ OUTACT~AL..~OSTS ~INCUR~D BY SAID Ci~ TO ACCOMPLISH SUCH ~TE~ ~D ~I~ THE COST OF ~' ~TE~T OF SAID ~S~CES, ~D DEC~RI~ SAID ~E~...'TO, ~BE~A· LIEN UPON ~D PROPERS.. IN ~ ~ AS S~ ~BY REPORT OF ~ C~TY ~NAGER-OF DEL~Y B~, FLORIgA. (Copy OE .Resolution No~ 1418 ls attache~ to ~ ma~e a part. o~ '~he o~f'~c~'al u~y of t~ese minutes.~)See' pa~es ~SA ResoIution No. 1418 was ~animously adop~e~ on first an~ final rea~ing on motion by Mr.. Avery and se~on~e~by Mr, S.b. The City rea~ .ORDIN~CE' NO; G~0. , ~ ~O~N~CE O~ T~ CITY.CO~CtL OF T~ CI.~ OF DE~Y B~CH, FLO~I~, ~N~I~ TO ~E CI~ OF DE~Y B~CH CERTAIN ~DS L~TED IN SECTIONS 20 ~D,21, T~SHIP 46 SO, H, ~GE 43 ~ST, ~ICH ~S ARE CO~IGUOUS TO-EMISTING ~UNICI~AL LIMITS OF SA~D CITY~ R~DEFINING T~ .BO~ARIES O~ SAID CI~ TO INCLUDE SAID ~ TPR~DING FOR ~ (Copy of~nance No~ G-460 is at~a=hed ~o and .ma~e .~=~part _ o~ ~e o~f.fl~al copy of.these ~nu~es.) See pa~es There being hO.Object,on to Ordinance No..G-460, sa~d Or~ina~ce was ~~s.ly passe~ a~ a~opted on .~is aecond and final reaOing on motio~ by Mr. Talbot an~ secon~e~ ~ Mr. woodard. -10- 10~8-62 0ctobe~ 8~ 1~62 @.c.The City Clerk ~e~d O~IN~E NO. ~ING T~ ASSESS~TS AS SH~ BY T~ ASSESS~ ROLL S~I~ED 8Y ~ CI~ ~GER OF SAID CI~ CO~ERNING ~E CONSTRUCTION OF STO~. D~INS FOR ~ ~ AS T~ N. E. 22ND ST~ ~D S~C~ST BO~ D~I~GE PR~ECT, T~E~R WITH INSTAL- ~TION OF ~T~ ~INS, ~-HO~S ~D APPURTEN~CES IN CONJ~CTION WI~ SU~ S~ D~INS. (Copy of ~d~nance No. G~61 and assess~nt =oll are attached to and ~de a part of the official copy~ of ~ese minutes.) ~e Pages 278E, 278F, 278G &2~8H ~eze bein~ no o~ection to the Assessment ~oll and No. G-~61, said O=dinance was ~an~mouslM passe~ and adopte~ on secon~ and ~inal zea~in~ on motion ~Y Mz. Ave=y and secon~e~ bM Mr. LE~I~ THE ~SSESS~S ~ SH~ BM ~ ASSESSMENT SO~ 47~ FEET OF ~ NORTH-SO~H A~Y IN BL~K 73, TO A WI~H OF S~E~ FEET, SAID ~SESS~NT RO~ BEING A~ACHED HE.TO ~D FO~ING A P~T~- (Copy of Ordin~ce No. G-462 and assessment roll are at~auhed to and made a ~rt of the official copy of these minutes.) " _ See ~ages 2781 a 278J ~ere being no objection to the Assessment aoll ano ur~inance No. G~62, sai~ ~ordinance was unanl~usly passe~ and a~opte~ second an~ final' rea~ing on motion~by Mr. W~ar~ an~ sec~de~ by Mr. Talbot. 8.e. City Clerk Worthing rea~ ORDI~CE NO. AN O~I~CE OF ~E CI~ CO~CIL OF THE CITY OF DEL~Y B~CH, F~R~, ~EXING ~ T~ CI~ OF DEL~Y B~CH CERTAIN ~ L~ATED IN SECTION ,28, T~NSHIP 48 S~, ~GE 43 ~ST, WHI~H- C~IGUOUS ~EXISTI~ M~ICIPAL LIMITS OF~SA~D CI~ REDEFINING ~E BOWERIES OF SAID CITY TO CLUDE SAID ~DS= PROVIDING FOR T~ RIG,S ~D OBLI- GATIONS OF SAID ~DS ~ ~D PROVIDI~ FOR THE ZONING THE~OF. (Outrigger, Inc. ) Ordinance No. G~63 was ~animously placed on first reading on motion by Mr. Talbot an~ seconde~ by M=. 8.f. The.Clt~ Clerk rea~ ORDI~CE NO. G~64. AN ORDIN~CE OF THE CITY COUNCIL OF THE CITY OF DEL~Y B~CH, F~RIDA, ~NEX~NG TO T~ CI~ OF DEL~Y B~CH CE~A~N ~S-L~TED IN SE~ION 29. ~NSHIP 46 S~TH, ~E 43 ~ST, ~ICH ~DS A~ CO~IG~US TO ~STI~ M~ICI~AL LIM- ITS OF ~D CI~ ~DEFINZ~ T~ BO~D~IES OF SAID CITY TO ~CLUDE ~ID ~DS ~ PROVIDI~ FOR T~ RIG~8 AND OBLIGATIONS OF SAID ~DS; ~D PROVIDI~ FOR THE ZONI~ ~E~OF. (C~ty Trash Dump} 276 October 8, 196a Ordinance No. 6-464 was unanimously placed on first reading on motion by Mr, WoOdard and seconded by Mr. Talbot, 8.g. The City Clerk read ,ORDINANCE NO. G-465. AN ORDINANCE OF THE CITY C~C!L' OF THE CI,TY OP"DELRAY BEACH;, :FLORIDA, ~AN'~.VelNG TO .THE 'CITY -OF DELR~Y BE~CH CEHTAIN ,~ ~ATED: IN SECTION 8, TOWNSH,IP 45 $O~TH, ~ '43 KAST., WHICH L~NDS ARE CONTIGUOUS TO ~ST~.~4UNICIP~J~ L _IR/TS OF MID eITY~ REDE~I~ T~. ~I~'S OF SAID CITY TO.,X'NCLUDE SAID LANDS; ~ROVIDING FOR THE RIGHTS AND &)BLtGATIONS OF 8A,~D LANDS.,, (C£t~ Property) Ordinance No. G-465 was unanimously p:laced on first reading on motion by Mr. Avery and seconded by~ Mr. Talbot. ~ 8.h. City Clerk worth~ng read ORDINANCE NO. G-466. AN ORDINANCE OF THm,~ CITY,COUNCIL OF ~,~T1E CITY OF DELRA¥ ~]~ACH, FLORIDA, ANNEXING TO THE CITY DF ~,,~CH C~RTAIN LANDS LOCATED IN SECTION ~2~-,"~SHXP 46 $O~TH~ R~NGE 43 EAST, WHICH LANDS ARE~ON~IGUOUS TO EXISTI~NG MUNICIPAL LIMITS OF ,~A!D .~gf; REDEFINING 'THE BOUNDARIES OF SAID CITY ~) ~!~UDE' SAID Lg~TDS; PROVI~)ING FOR- T~E RIGHTS ~,~B~IGAT~ON~ OF,SAID LANDS; AND PRO,V~DING FOR TH~X~N~NG THEREOF. (Grace Baptist Church Property) Ordina~ue Nc. G-466 was unanimously placed on first reading on motiOn~,~r. W~dard and seconded by Mr. Talbot. 8.1. City Clerk Worthing read RESOLUTION NO. 1417. ~% ~E~OLUTI~)N ,. {)F, THE CITY COUNCIL OF THE CITY ~-~ELP~Y ~A~H,- FLORIDA, ,REQUIRING PLANS, SP~CIFICATION~ AND ESTIMATE OF COST TO OPEN, G~ADE-AND PAV~ THAT PART OF SOUTHWEST FIFTH AVENUE LYIi~G BETWEEN SOUTHWEST SIXTH AND SEVENTH STREETS. WHE ,R~AS, ~,~he ~l~.y~ou~ci~ '~f the City of Delray Beach, Florida, ma~ deem ~'~o be;.~ne~eesarF ~.r .,~he safety and convenience of the ~ ,-~, ?~&~e ~a~ ~a~e ~hat part of Southwest Fifth. ~een ~t~We~t~.~ixth and Seventh Streets to a width of .... Z~u~',~(~) ,fee~.~ *~e ~ of Delray Beach, Palm Beach County, F~r~,-'~'!~h~F~e ta~e c-~st of s~ch ~m~rovement with the owners of ~W, ~I~REFORE, BE IT RESOlvED by the Cit~ Council of the City Of De~N~F '~e~h., Palm Beach County,., Fl~o~.~.~a as follows: SECTION l. That the City Manager b~ required to submit plans, specX£~at~ons an~ an estimate-of the cost. of such improvement to be made, a~d that ~he same shall be placed on file in the office of the City .Manager. PA~BED AN~ ~A~K)~ b~ ~he ,City Council of the City of Delray Beach, Florida on '~h~ ,the. 8th day of 0~t~ber, 1962, Resoluti~ NO.. ~4~7 was ,unanimoms~l~. pa~ed and ,ad~p~e~ on first and final reading on'~%~n bF Mr, AVery,.~r~ seconded by M~. Woodard. 277 October 8, 1962 9.a. The analysis of automotive e~ulpment costs for city-owned vehicles and employ~e-owned vehicles, as previously re~Aemted by Council, was presented to the Council by the City Manager.(Copy of said report is attached to and made a part of the official copy of these minutes.) ~ee Pages 27~K~ 27~L,~ 878~ City ManagerHolland explained his analy~£s aha now ne xn~enaea to rearrange the use of the city cars that are kept in service. 9.b. It was reported that invitations to bid on construction of side- walks on S. w. 3rd Avenue from 1st to 2nd Streets, and S. W. 1st Street from 3rd to 4th Avenues, were sent to five contractors and only the bid of R. M. Garner for said constr~ction of sidewalks was re- ceived in the amount of $1,646.50. Further, that it is recommended that award be made to R. M. Garner for said sidewalk construction, it being so moved by Mr. Talbot. The motion was seconded by Mr. Woodard and carried unanimously. It was noted t.hat the accomplishment o~ this improvement was authorized by CoUncil on August 28, 1961. 10. Mr. Woodard stated that the Wa=er Survey Report which was Just received from Russell &Axon indicated that the City was ~ot receiving a proper return on the city's water being metered wholesale to a southern sub~ivision, and moved that the City Administration provide, for the next meeting, the specific information and resolutions ne- cessary to obtain ~he pro,er rate-. The motion was seconded by Mr. Talbot and carried unanimously. 10. Mayor Dietz reported that Mrs. Halstead, who lives in Tropic Isle Subdivision, contacted him recently and was very much interested in a good string concert of classical and semi-classical n~lsic, and since there is a band-shell in the City Park, wondered if there would be an interest in this type of entertainment during the season. That this would not be a city project, but a civic undertaking and asked for a show of hands of those who would favor such a concert, with a good showing of hands. Mmyor Dietz further stated that if this thing can be organized there may be a concert before Christmas to see what in- terest is shown by the local citizens, and that' he feels that a thing of this type would be a real asset to the com~r~nity. 10. Mr. A. J. Adams, Jr., asked to make further comment concerning the ~ruck chassis bids that were considered earlier this evening, and commented as follOWs: "I am q~ite upset here',~ the doubtfulness of my truqk. 'I'm p=etty proud of it. It qUalifies. I guess my point is convincing someone. You asked me a qUestion about whether I would put the garbage packers on. I didn't give you a good answer. Instead, I asked a qUestion and I didn't get a very good answer, so I made a telephone call, Sir. I was fortunate in contactinga representative, Mr. Turner, of Tom Wood'Truck EqUipment and he tells me that he was called to Delray Beach. That he sat here an hour and a half in a con- ference with Mr. Holland, Mr. Mark Fleming and a fellow named Frank who drives a tr~ck, and Mr. Christison was in at times. The City of Delray Beach was given a firm bid of $1,000.00 per packer to take it off, completely overhaul it--all the working mechanisim, sand blast it, paint it, reinstall it on a truck, regardless of what chassis it was on. I checked with the cab to axel dimensions and our i06%", I was told, would make a better installation than the 108" which the Ford has. The only thing I wanted to do in case you gentlemengot back together and decided to buy a packer, was to get that information to you, that they don't care whether it's a Ford or Chevrolet, the in- stallation would be the same and the reason that I think of Jumping three bids, two' G.M.C. and a Chevrolet and going to a Ford because of the cost of changing eqUipment, I don't thil'tlt is pro~er." City Manager Holland stated that was not the only reason, further, that a firm bid was ~ot given by Tom Wood but that he would guarantee that it would not e~ceed $1,000.00, also that he was interested in -1~- 10-8-62 Octobe~ 8, 1962 standardizat$on of equipment. There was le~ ~i~cu~ion an~ a~ter repeated reqmest ~y Councilmen for an an~z~'t~m~ the Chevrolet chassis do~s, o~ does not, 'meet the .specif~cations that. were bid on, ~r. Christison, Assistant Director of Pub~lic Works co~ented as follows= "The eluestion has been brou~ht~ t%p,--4oes it meet the speci- fications? I think in any specifications~. ~t'~are written for any- thing you have in the city, whether it is city hall or community center, tr~cks, e~uipment or anything else that you write specifica- tions on, the intent of the finished product is what you are after. If the C~evrolet product, and the man assures us that the one and three quarter inch 'will not make a difference in the finished~ product, then I would say that his product meets the specifications. It's the finished product that wewant." ~-- ~r. Avery stated that was the answer he wanted, and moved that the bid be awarded to Adams Chevrolet. The motion was seconded by Mr. Woodard a~d carried unanimously. 10. City Clerk Worthing reported that there was an application sub- mitted for water service extension outside the city by Col. Honald Maidt for lot 56 in Delray Beach Shores. Further, that the applica- tion submitted by Col. Maidt provides for annexation of his property at s~ch ~me as it becomes contiguous to the City. Also that this prope=.~.~~. ~r~nts on Brooks Lane.and the city ~as a water line going down the .entire ~ength of-Brooks Lane, and that the properties on the Ea,e.t and West of this property are presently Served w~th city water. Mr. Woodard moved that the .application for water~service be grant- ed contingent upon annexation of said property when it.becomes cont!gu-- ous. The motion was seconded by ~r. Talhot and carried unanimously. 10. The Cl~y Clerk presented a bill from City Attorney John Ross Adams in the amount of $20~.00 for extra services rendered incident to beach ,restriction problem subsequent to September 10, 1962. The bill was unanimously ordered paid on motion by Mr. Avery and seconde~ by ~r. Woodard. 10.a.~he City Clerk presented bills for approval as follows: O'e~e~al Fund $ 102,394.63 Water Fund - operating Fund 15S,263.38 Special Assessment Fund 321.80 Refundable Deposits Fund 1,400.25 Improvem~t Fund 17,000.00 The b~lls were un&nimously ordered paid on motion by-Mr. Woodard and seconde~b~r. Avery. The meeting adjourned at %0=20 P.M..on order b~.~yor Dietz. ,ROBERT D~WORTHI~G City Clerk APPROVED= MAYOR~ -14- 10-8-62 ~HEP~A.q, .the City ~ouncil of the City of Delta[ Beach, dld~ in . and/~ regular session held on the 14th~day of Nay amd 23rd. day _of July., 1962 ~ declare the existence of a ~U~'- upon certai~ X~:'or' pa~eXs 'of land, described :in a list ..sub- mitred to them. for violation of the provisions of Ordinance O-I1~?; WHEREAS, pursuant to such deola~ation, the Clt~ Clerk of. said City did furnish each of the respeoti.ve owners of the lan~ deso'~lb~d in said list wl~ a ~ot~oe deso~tbi~ ~e ~t~e of ~e nuis~oe ~d ~t they ~st aba~e said nUis~oe wl~ ~ty (30) days, f~!ing In ~toh ~e City 0o~oll would have it done, ~d the cost ~he~eof would be levied 'as an amassment ~st said prope~ty~ ~d ~S, the ~ers he~ter n~d did fail ~d neglect to ,abate the ~isa~e e~sti~ ~on ~el~ ~espeotive l~ds wt~ the t~e prescribed in said notice ~d 0~di~e G-~7, ~d the City of De,ay Beach was requi~ed to and did enteP ~on t~ following l~ds ~ inc~ coats in a~ting ~ hula.ce e~a$ing ~e~eon as deae~ibed in'the ~esald liSt$ ~d ~HEREAS, the City Manager of the City of Delray Beach, has, pur- suant to said Ordinance G-147 and the City Charter submitted to the - City Council a .report ~f the costs incurred in abating the nuisance as aforesaid, said report indicating the costs per pa~, cel of land involved, NOW, THEREFORE, BE IT RE~OLVED ~YTHE CITY COUN*IL OF .T~E CITY 0F DELRAY BEACH, FLORIDA, AS FOLLOW$~ 1. That assessments in the individual amounts as shown by the repo~t of the City l~ana'~e~ ..Of the City of Delray Beach, involving the ,' City,s cost of abating the-:a~o~esaid nuisances upon the lots o~ par- cels of land described in said report', a copy of which ia attached '1 he~eto and made a part hereof, are levied against the paroel~ of land described on Said ~epor~ an~d in the amounts indicated thereon. 3aid assessments so levied shall be a lien upon tho r~speoti,ve lots and parcels of land described In said ~epo~t, of the sa~e nature and to the same exten~ es the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under th~ same provisions as tO sale and foreclosure as city taxes a~e collectible. 2. That the City Clerk of said City shall, as soon as possible afte~ the effective date, reco~d a certified copy of this ~eeolution ~ in the office of the Clerk of the Circuit Oou~t in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and pon .aid r.port, notice tbat of .lray Seach, did, on the l~th of May an th 3~ Y, ._. prder the abatement of a .cer~axn ~ulaance ex~s~lng on ~'eL~ de~c~i~ed property and property owne~ having laird to abate such nuts~ce, ~ithin ~e 30 day perlod, w~reu~ It w~ abated b2 ~e City at costs Sho~ ~ said ~P0~t and euo~ eaaesa~nts shall ~ legal, valid ~d bind~g oblSgatl~ ~on the ~e~t2 ~a!nat ~loh said asaeaa~nts ~e levied~'¢ Th~s.'~eaolatl~ shall beo~ effective 30 'flays f~om ~e date of ~O~ti~n~d' the ~saeaaments contained he~ein ~hall due ~d payable ~t~ day~ ~te~' the ~iling' daCe'of said assessment, ~te~ ~oh'.'~te~est sh~l aoo~e at the ~ate /S/ Walter Dietz PROPERTY DE~,RIPTION OWNER ASSESSMENT E .50' o~ W ~00,. ~o~-S ~.3~;' S~'~ ~- OV:~"~A~ '~ ........ ~'Lot 5, Section 8~6~3' ~e D~iets $ 17.00 J~I~. 2~, 1962' list" ~ Lot 3~, Blk. 7, .... ~.~alte~' H* &" ' - Dell Pa~k ~ictory ~dfelt 5~58 Lot $,. Blk. 9, 'Oeeil &/o~ Oleos Dell Park DeRemer 5.58 Lot 20, Blk. 8, Dell Park -~ K.D.D.O. 0o~. 5.58 Lots 22, '23, ~, 25 & 26, Edward Rueben Turnquest Block 29 % Theresa A~ T~nques~ 10.15 Lot 22, Sundy & Tenbrook Addn. Jo~ R. Jr. & ~rie W611S 5.58 Lot 23, S~dy & Tenbrook Addn. Earnestine Wil!!~ Str achan 5 ~ 58 Lot 62, Delray Manor Th~as S. & Betty G; Hatcher 5.58 Lots 2 & 3, De~ay Manor Peter Gherlene 10.15 Lots' I1, 12~ 3% & 36~ :Paul D. · Marg~et ~l~ay ~nO~ S~ler 10.15 OP. DINAI~E NO. G'460 AN ORDINANOE O~ T~ ~I~ ~O~CIL 0F T~ CITY OF D~Y B~0H 0~AIN ~'~ LOGAT~ IN SEOTI~20 ~ST, ~IOH ~ A~ O~IGUg~ TO ~STING ~ICIP~L LI~TS OF BO~A~ PR0V~ING ~OR ~ RI~8 A~ 0BLI~ATIONS 0F SA~ ~S; A~ PR~I~ FOR T~ ZONIN~ T~OP. ~e property hereinafter .described, ~d ~S, the _said Delrae Corporation, by its Petition, ~s consented and given pe~ssion for the a~e~tion of said pro- ~r~y by the City of De~ay Beach, and ~S, the Oity of De~ay Beach has hePe~ofore been ~thorlzed to '~ex l~ds in aooo~ce with Section 185.1 of the ~ty Chafer of said City ~an~e~ to it by ~e S~ate of Florida; NOW, T~O~, ~ IT O~AI~ BY ~ 0ITY 00~0IL 0F T~ 0ITY OF DE~Y SECT!O~ 1, That t~ City Cocci1 of ~-.~i~y of De~.ay Beach, Pa~-'Beach Oo~ty, %Flor~a~ hereby'a~exes, to said 0i~y the .ThoSe ~racts Of l~d i~ S~c~io~20 ~d 21, To~s~p ~6 ~outh~ Ra~e ~3 EaSt, pa~ ~each, County, Florida, All that par~t'"of the.West ha~ of~ the Southwest Quarte~ of the Sout~est Qua~tem; of Section 21, Tm~ship ~6.' Sguth, Ra~e ~3' East. an~ all t~t part of .~e E'ast-'.~' of the Southeast Quarter of the Southeast Q~arteP of Section 20, To,ship 46 SOu~, ~anEe ~3 East, ly~g ~d being Bast of' the EaSt R~ '~f~ Old Dixie 'H~., and West of the West That paint of Lots ?~a 8 of Block 1 of S~ of Section 21, To,ship. 46 South, Ra~e 43 East, Pa~ Beach C~nty, Florida, as recorded in Plat Book 1,. Page 128, Public Records of Pa~ Beach Cowry,. Florida, and more particu~rly describ- ed as follows= -C~enoe at the intersection of ~e West R~ line of State Road No. %~ (U.S. Hi,way ~ 1) ~d the North line of the South ha~ of said Lst ? for P. O. B. for the herein described tPao$ of 1~d$ thence in a S~ly direction alo~'said West ~W l~e a diSt~ce of 452.'87 ft.$ ~ence W~ly ~d p~allel to the said North line.'off'the South ha~ of Lot ~, a distance of ~26.87 ft., more or less_to a point In the West l~e of the East ha~ of' said Lots 7 & 8; thence in.a N~ly direction along said West line of the East half of Lots ~ & 8 for a dis.tahoe of 382~1f~., more or less, to a po~t in said North' line of the South thence in an E.~ly ~ireotion ~long said North line of the Sou~h ha~ of Lot 7 a distance of 464.~0 ft., more or less, to the Point of Begi~ing, Said tPaote ~tain~g 25.15 ac~es, more oP less . SECTION 2. That the~-b~ndaries of the City of D~lmay Beach, Plorid~~eby rsdefined so as to include therein the above desoribed t~acts and parcels of land, ~d said l~ds ape here- by decla~e~ te be within the co~p~ate limits of the City of Delray Beach, Fl~lda. . S_E_OTI~ That the tracts of land hereinabovs described are hereby dele in Zoning District "0-2" General Commercial District, as defined by existing ordinances of the City of DelPay Beach, Florida. S~CTION'. ~,. -In consid'erati~n .of-i~etitl$ne~ts consent to annexation as-above':~et forth.,.'ar~ a.in~S mUniCipal services will not accrue to said' -lands until such time..as ;devetOpement' is undertaken, . Said lands shall be liable, for municipal ad-v~lorem taxeS, as follows. That said properties shall be 'taXed on ~u acreage asis.to petitioners so long as they remain .unim- rOved, however," as any portion Of. said lands be- come improved, which shall include all lands being utilized in any .manner with relation to improved a~eas, such lands shall be subject to normal taxation, including the bonded indebtedness of the City of Delray Beach, FlOrida. SECTION ~. That the lands hereinabove described shall immediately b~o0me'.~bJect to all Of the franchises, .privileg?s,., immunities, debts (including the existing bonded indebtedness), co ligations, liabilities, ordinances and laws to which lands in the Oity of Delray Beach are now or may be, except as otherwise provided and set forth in Section ~ above, and persons, if any, residing there- on shall be deemed citizens of the City of Delray Beach. SECTION. 6. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared' illegal by a cou~t of compe- tent Jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in Regular session on the second and final reading the 8th day of October,A.D., 1962. ~s/ Walter Dietz ATTEST~ /s~ R.D. Worthin~ ~ 1st Reading _September'24, 1~62... 2nd Reading__ 0ct°bet'8' 1962 0~DINANCE NO, G-~61. AN ORDINANCE OF Tt{E CITY OF DELP~Y BEACH, FLORIDA, LEVYING THE A~SES~MENTS AS ~HOWN BY THE ~SSESSMENT ROLL SUBMITTED 'BY ~ CITY MANAGER OF SA~D CITY CONCERNING THE' CONSTRUCT~0N 01~ STORM DRAINS FOR THE AREA ~ EN.~' AS TEE N; E. 22ND STREET AND SE~CREST BO~VARD DRAINAGE ~RO~EOT, T0~ET~E~ W~TH _I~A. LLATION OF CATCH BASINS, MAN-H~I~ES · AM$~..APPURTENANCES IN CONJUNCTION ~ SUCH STORM DRAINS. WHEREAS, the City Manager of 'the City of Del~ay Beach, Florida, ham, in pursuance t.o the Charter of said City, submitted to the City Council for approval, s report of the costs, and the assess- merit roll for the Construction of Storm Drains for the a~ea known as the N. E. 2~nd Street and Seacres~, $$ulevard Drainage project, to- ~sther With installation of catch h~sins,-man,holes and appurtenances ~n conjunction with such Storm Drains, and W~EREAS, said report and assessment roll were approved by the City Council in regular session on the ~Jtth day of September, A.D. 1962, and WHEREA~, due notice concern!_ng Said assessment roll was given by advertisement by the City Clerk, in accordance with the City Charter of said C~ty, for the ~rPose ~f hearin~ objections, if any, to said assessment ro11, and WHEREA$, no suffict~ht objections were received to the confirmation of the asseasment r811, NOW, THEREfOrE, BE IT O~DAINED by the City Council of the City of Delray Beach, Florida, ~S f011~Ws": SECTION 1. The asseSSments, as shown on said assessment ro11, which is annexed hereto and made a.part hereof, are hereby levied against the properties shown and 'in the amounts stated on said assessment ro11, said assessments to be paid in three (3) equal annual installments, together with interest at the rate c~ eight (8) per cent per a~l~_~_;,~m, the first :ins.tallment becoming due and payable on November U, 1962 and on the ?th of November for the next ensuing two years; and said special assesaments~ so levied, shall be a lien from the date the assessment becomes' ef£ective, upon the respective lots and paros.la of land described in said assessment roll, of the same nature and to the same extent 'as the liens 'for general C~ty taxes, and shall, be collectible in the .same manner and wi~h the same penalties and under the same provisions as. to sale 'and forfeitu~e as City taxes are collectible. 8 pAdS~S~D in regular session 'on second and £1nal reading on this the th ay of Oct~b~e¥ A.D., 1962. /s/ ~/alter Dietz . . -MAYOR ATTEST /s/ R. ,D. Worthing October ~, 1962 Sec o~,'::~Reading Ass~Ss,~T ~ ~he'~;/E. 22nd with instal- 3tree~ .Junction lat'i0n with such '~ T6tali~A~ea Descriptio~ ~n~£it~d To~al 2 .,,~ ~ JosePh J.~Posilli~° 7,383 $ 2 Donald S. ~ Rut~' Rusk 7,452 Reiche~t 7,~ 45.62 L~ell D. ~ DOrothy Ee~n 7~ ~5.62 2 7 Frederick, Jr. · ~us~ H. Morrison 7,4~2 45.62 Lowell D. · DorOt~ Ke~ 7,383 45.20 V~ Sweden 8,370 51. 3 2 Mary MacPherson DePew 8,820 ~.00 3 ~ J.W. & ~t~een ~tewart 8,680 Boyd & Evel~ Hookstra 8,560 52.41 3 6~ Geo. R.' & Elizabeth 3 Kilbo~n 7,668 46.94 3 ~ Leon M, & Harriett ~eekes 7,668 ~6.94 ~ Roy~ & Be tty'- Dlggans ~, 668 46 · 6 F.J."~ Irene Giordane 8,32~ 50.97  HazJ1 L. LaPine~ 8,3~ 50.97 ~'. H. ~ BettY. R. Hunt 8,3~ 50.97 ~ JO~ H~ · Joa~e'Davis 9 261 ~.70 '~IO Helen Thom~e'~Vickers 8 ~ 50.47 it Har~ R. T~~ ' 8 793 -53.83 13 Robt. M. & JO~ Ki~ead ~ 861 ~ ~oe~ ~. S~. · ~e~e~ ~e~ ~ ~80 ~.~0  16 Gerald J. & Helen Pallet 8 52.07 ~ ~ .~t.~ co~. 8 ~.o~ Bo~e .~ J.M. & Grace W. Port~n 8,000 48.98 J. M. · Grace W. Port~n 8,000 ~8.98 25 Jo~ Moore 8,000 48.98 26 Irene C. Moore 10,505 64.31 R. C. & Ma2me. L.. Croft. 9,'360 59.30 R. C. & Mayme L. Croft 9,3'38 57.17 Grace A. Amlin 11,9~2 73.11 Page 2 Storm Drainage .ASSE$SI~_I? ROLL.'N,E. 22nd St. & Seacrest Blvd. Description of Pro, ertl. .Owner B~.Ft. 1 1 Philip J. a ~ry Ambmosini 8,t63 ~9;97 1 2 Hazel VauSt 1 ~ Hugh.L. & Joyce M~p~ee ~193 ~0~16 1 ~ Clifton R. & J~an M, ~ Treese 1 6 & E} of 7 Sherwood Park DevelopePs, Znc. ~, ~Oa 7o.~ 1 9 R~ P. & Charlotte Sandidge 8~313 50,89 11 A. Sprott 9,689 1 N ~3~ of 11 · Ste~en H, · Mary or ~3 wx~son ~,3~6 7~8. 1 ~ Louis ~ PlO~enoe R. 1 19 Geo, H. a Willadeen Noose 8,~3 3 & ~ of 2 C'~lldatea C O~. 12,070 73 J89 5 ~ Co~Olidated DeV:elopement .. 6 7 & ~ of 8 Alice'M; P~ker- 1Z,~88 6 9 & o~ 8 Paul & ~Id~ed Nioolls 12,.99~ 6 I0 Lloyd B. R Beatrice Wilder 8~33 51~63 6 11 S~ley B; & Doris G. Ess tabrook 8 ~ 676 6 la St~ley' L. & Esther E. Burll~e 8,283 50. 7'i S'9a.70, of ~ of S~ Jo~ N.,~. a Joam W. less N67.70' of t~reof. County Rd. R~. . 20,116 less Cowry Rd. R~ w 155' or N~ or' s~ or ~ or sw~ or s~ ~ik ~i,~. ~no, a6,7~8 ~ ~8.8~, ~ Lot 37 of N.E. and Ave. less w ~68, Page 3 Storm Drainage ASSESS_.~. NS. ROLL N. E. 22nd St. & Seacrest Blvd. A. Ja~ZL~O~ 7, bs~ ~.5.82:' '~ 8,867 28 R, .39 8,000 ~8.98 b~oO' ~. I3, 292 81.37 A~ ~ · 1~ ~ 292 81.37 7,~oo W. ~n~e~ 8~0 50.8 Laurence R. Pierce ~[ ~6.6~ Louisa Babtin ~o J. & Fr.ederika *60% to be ASSESSED ~ b,kbS.~ 1357 ORDINANCE NO. G 462. 73, TO A I A ~ART ,-' the to the USeS~n~n~ roll for the ~ 4.?~: fe6~'6~' the NO=t-~-SOuth described a.s the Bast 16 feet thru .. ,of I~ot 4, Block T~0 to~a.~idth O~ siXteen ~REAS~ s~d the City c°~Cil in regular session on'the ': 1962, and WHEP~AS,'.due notice given.by advertise~t, b~ City ~arteriOf SaidCitY,' for the t'o said'assessme~t~r~k] ;and '' -.- s~T~'i..' '~e assessments, as roi1 which is a~ed hereto and.made~a levied againS% ~he~pro~rties'sh~n sa~d~.assess~nt.~.Xoll and~on~e of,~'No~,emb~- 'f, ~aid s~c da~e ~he' ' lots and parceIs e~ nature and..~o t~es, and shall penalt~es~d ~de= City t~es a~e