11-12-62 '293
NOVEMBER 12, 1962. ~ -
A regular meeting ~f the City Council of Delray Beach was held
~%n the Council Chambe~ at 8..00 P.M., with Mayor Wal~er Dietz in
th~. Chair, C~ty Manager .Robert J.' Holland, City Attorney John Ross
Adams, and Councilmen AI~'%C. Avery, George Talbot, Jr., George V.
Warren and Oliver W. Woodard, Jr., being present.
1. An open~.ng prayer was deI~ivered by the R~ve~.e~'~ H. Stewart Austin.
2. On mot~'on by Mr. Woodard an~ seconded by Mr. Warren, the minutes
of the regular meeting of October 22nd and Special Meeting of
October 25th, 1962 were unanimously approved.
X. Councilman Warren was recognized and applauded as a newly elected
County Com~issioner.
4. Mr. Warren read the Beautification Committee meeting minutes of
Thursday, November 8, 1962 as follows:
1."Mr. Galinat mo%ed that the City approve the 'removal of the
unauthorized rock road at the 10th St. boat 'ramp (running
north and south between the parking area and Anchor Marine.
Seconded by Mr. Lankton. Motion passed. (Council~action)
2."General discussion of the debris removal at loth Stol Further report at a later meeting.
3."It was announced that on Saturday at 8 A.M. members of the
Exchange Club will begin to plant petunias around the potted
palms in the' business section."
Concerni~g items ! and 2, there was discussion about said un-
authorized rock r~ad a.ad removal of shrubbery in that area, also
that the Council ~ad been asked at a prior meeting (October 22,1962)
to clear rocks and debris from the area along the canal front South
of the S. E. 10th Stree~ Boat Ramps.
Mr. Avery moved that the City Manager be authorized to remove the
rocks from the water that he was referring to, and to stu~y this
situation and come'back to Council with a recommendation. The motion
was seconded by Mr. Talbot and carried unanimously.
4.a. A roll call showed that 'the following Civic Organizations and
representatives were in 'attendance.
Chamber of Commerce Mr. Kenneth E11ingsworth
League of Women Voters Mrs. Frank Carey
Band Boosters Mrs. Charles D. Lelly
Planning/ZOning Board Col. A. L. Fabens
5. The City Clerk read a letter from Mrs. Arthur J. Michael concern-
ing 'the hazard of teenagers riding bicycles on the sidewalks and the
City Manager stated that this condition would b~ investigated by the
Police Department. ~
6.a. It was reported that due to the limited number of candidates,
there would be no primary election. That the following individuals
had filed their candidacy for Council seats, to be determined at the
forthcoming General Election to be held on December 4th, 1962, for
two Councilmen to be elected for a term of two years each, and that
the Council should judge the qualifications of said ca~idates.
Al. C. Avery
Emory J. Barrow
Dugal G. Campbell
Hugh W. Vogl 11-12-62
Nove~be~ 12, 1962 /
Mr. ~oodard moved that these four candidates names be place~ on
the ballot, the motion being seconded by Mr. Talbot and unanimously
carried.
The candidates for Co%~1Cil were present and were introduced.
6.b. The Council ~as p~es~ a ~st ~f indiv~duals that would be
eligib~.e to ~er,,'e as ~" a~4"%m~pecto~s ~or .the ~ecem~er 4th.- ,
1962 General EleC~on... ~. '~o6da~d-m=ved that the f°llowing indi-
viduals be asked ~o serve i~ ~a% ~aPacity, and that the others On
the list be placed as ai~e=n~t~s in the event that the ones selected
could not serve,
Fritz P.r~berg as~pectO~. Alpha Browning, ~lorence Cramp, Effie
HUghson0 C. C.. T~rn.e~ Mary B. Walker, ,Mary L. Walker, Natalie Bush,
Edward Con,er an~ 9~v. 'J. D; ~dwarde,
The motion Was seconded by Mr. Aver~ and unanimously carried.
6.c. Conceg~.~g p~ov.ision for an opinion vote on the election ballot,
Mrl W°~da~d 8~ed ~et there had .b~en a very Controversial subject
before'the Council during the past year, it being the Mayor's Beach
Plan',.. ~nd tha~..he reeL.s it would~ be appropriate for the citizens of
the c~mm~nity to e~l~rees themselves on the issue ac that the Council
may k~ow what .their desires tn this matter are.
~, W~oda~d ~O,:~re~d~.a:~e~ter from. the AttOrney General of the
state ~f ~or&da ~n r~s~onse ~o the inquiries mede by the City on
the fol:loW/n~.~ ~est~ons.
strict tha~' port,on of the public beach lying above the
high water mark and. ~th~n the limits o,f the city. to use
by residen~s of the city and their guests?
"Does the City of Delray BeaCh have the authorit~ to
charge a ~fee for the use of the public beach referred
to ~n ~e~t~on 17"
Mr. Wooda=d commented further: "I ~nderstand ou~ Cit~ Attorney' s
comments regarding the Attorney General's ruling that as regards
ques. tion two~ ~here does leave the possibility tha~ ~/~e-
~f it wished..'~harge a reasonable fee ~or :~' use
and eitho=gh o~ course ! am °pDosed to thi~.~: I .~e~,~ i~.iS: U.p~ to
the citizens of our .community. to indicate' t,o ~u.S' ~h:~ ~e~r~eeli~g is,
and as such I move that we place on~ the ~om~g. el~t~l ha~lo~, ~ be-
l£eve it's De~ember.4th, the following q~estiol~ ~or ~he~.vo~erS of the
community $O ~ress themselves. That ~qujs~oD~~ be~ln~ 'DO. ~u ~eel
the C~y C~m~il should give further consideration to ch~r~ng a fee
for the use of our P~blic .Beach?'"
The motion was seconded by Mr. Aver~ and unanimously'
6.d. Concerning improvement of the North~South alley in.B~0ck 102,
at the last' Council meeting the City Manager was directe~ to determine
the estimated coat for such improvement, which is ae follows=
"The es~i~.a.$ed cost for opening, grading and pa~!~g a portion
of the alley ~nning southerly from S. E. let s~e~ for a
distance of appr°ximately 2S9' to a point near ~& Center of
a~roPosed p$~k~g lot ad,scent to and south of the Lions Club
b~i~ding now ~']:~n~=emodeled and added to is, if acne by con-
Should it be detezm~ned to extend such improvement for approx-
imately an additional 185' to meet the existing paved southern
por~ion-of t~ia alley, total estimated cost .would then be $~, ~00."
.The .city~nag. er stated that there .is a possibility that the alley
could be opened from. the Not. th end and~;~ .~ited rock road be put in
tO give the Lions Club access to the p~o,s~, parking lot at a cost
of approximately $250.00 to
M~. 'AverY ~hen moved that the '~ity Manager be authorized to rock
this alley, not to exceed the sum of $300.00, the expense to be borne
by the City. The motion was seconded by Mr. Talbot and carried unani-
mously. -2- 11-12-62
'29.5
Novembe2 12, 1962
6.e. It'was reported that Mr. A. D. Marticos'has applied 'for a beer
and wins licsnse in conjunction with the dining opsration known as
the Del $ol Coffee Shoppe located at 40 South Ocsan Boulevard. That
said applicant has bsen investigated in the usual manner, approved
by the Chief of Police, and-by virtus of provision contained and set
forth in Ordinance No. G-185, an~ subject thereto, it is recommended
that said application be approved.
It was moved byMr. Woodard that the application be approved. The
motion was seconded by Mr. Avery and carried unanimously.
6.f. It was reported that Miss Minnie Gassaway has applied for a beer
an8 wine license in conjunction with the dining operation known as
The Delray Surf Restaurant located at 50 South Ocean Boulevard.. That
said applicant has bee~ investigated in the usual manner, approved
by the (~£ef of Polics, and by virtue of provision containsd and set
forth i~'.Ordinance No. G-1850 and subject thereto, it is recommended
~that sa~ application be approved.
Mr. W~rren questioned the tables at this restaurant bsing 91aced
on the s~ewalk, and the O~unuil was informed by City Building In-
spector ~ughson that the tables were placed back of the Brockway Line
and were on private property~an~ not on the city sidewalk.
Mr. AVery moved that said application be approved, the motion be-
ing seConded byMr. Woodard. Upon call of ro11, Mr. Avery, Mayor
Dietz, Mr. Talbot and Mr. Woodsrd votsd in favor of the motion and Mr.
Warren was opposed.
6.g. Concerning bids received for four new police cars, and the
following recap of bids was read:
Joe Ross ~mtors Plymouth $5,111.00
Earl Wallace Ford, Inc. Ford 6°483.00
Adams Chevrolet Co. Chevrolet 6,697.00
Florida-Dodge Chrysler Dodge 6,886.84
Said btds'i~ncorPorate trade-in allowancs, on four Chevrolets .-
thres I960's and one 1959. All bids bsing submitted on
identical spmcifications.
The City Clerk then read the following letter from Joseph ~. Rose,
of Joe Rose MOtors, dated November 12, 1962.
"Joe Rose Motors hsreby withdraws their bid submitted for
{4) 1963 Patrol cars on October 26, 1962."
Mr. Avery movsd that Joe Ross Motors be allowed to withdraw their
bid and that the award be made to Earl Wallace Ford,..~nc., the low
bidder, in the amount of $6,483.00. The motion was seconded by Mr.
Talbot and'carried unanimously.
6.h. It was rsported that for extension of new water lines, in con-
nection with the Water Department's expansion program, the following
matSrialis needed:
Ca.st.~ren - Cement bin~.d Pipe..r 15Q$.W.P.
1000, feet 3#~ lOOO'feet 4"~ 780 feet 6" and
1620 lest 8
It was further reportsd that the following bids for furnishing the
required material have been recsived and it is recommended that
award.of purchase be mads to the low qualifisd bidder:
United States Pipe Company $7,000.80
James B. Clow & Sons 7,015,70
American Cast Iron Pips Company 7,242.00
MoWane Cast Iron Pipe Company 7,696.00
Alabama Pipe Company . 8,522.80
Mr.'Talbot moved that the bid be given to the low biddsr, the
United States Pipe Company in the amount.of $7,000.80. The motion
was secondsd by Mr. Warren and carried unanimomsly.
-3- 11-12-62
~o~embe~ 1~, 1%~
6.i. Concerning an advertisement in the Bethesda Memorial Hospital
Horse Show program, Mr. Warren .moved to appropr£ate $100.00 for
page advertisement in said program, the m~,tion being seconded by Mr.
TalbOt;
~lere was~discussion as to where th~-moneyw0uld be taken from
and the ~ontingen~y~und, ,Unappropriated Surplus0 advertising and
magazine subscription funds were menti~ned.
.Mayor Dietz stated that he would vote. for this motion with the
understanding that the money is not taken from the Contingency Fund
or the Unappropriated Surplus.
Upon cat1 of roll, the motion carried ,unan/mously, the Mayor's
vote being conditional.
6.j. ~t ~as reported that the st. Pa~l's Episcopal Church purchased,
early in 1961, a parcel of land adjacent.to and north of the existing
~hurch property on So~th Sw~n Avenue, more pa~t£.~.~larly described
as Lot 13 and N 16.5' of Lot 14, ~lo~ 62. That neither epplication
for tax exemption thereon-nor adv~o~.~-to its intended use was fur-
nishe~ the ,~ity~. H~weve=, i~as ~a:~eterm'.Lr~ tha~ the said land
in :pad, has been used fo= ,ch~h.~a.r.k~.g pu,rpo~ since its acquisi-
tion and ~the~e'fore, the.~ax.~s-sessor reoomme~d:~, c~ncellation of the
1962 tax~b~ll No. 2637, in the.~a~ount of $101,,~5.1evied against the
h~rei~above described, land, ~n compliance with provisions set forth
in Chapter 192.06 of the-1961 Statutes of the State of Florida.
M~. Talbot moved to accept the recommendation that said 1962 tax
bill No. 2637 be cancelled. The motion was seconded by Mr. Avery
and car=led unanimous~y.
6.k~ Concerning the Seacrest .~end ,Boosters Club request for assistance
in the purchase of 'some large instruments for the Band., Mr. Woodard
moved that the City Administration,be requested to refer ~..item to
the council at next budget time. The motion was secondedbyMr.
Talbot who stated that he felt that Mr. W~t..~binson the Band Teacher
thinks the c~t¥.budget is on a calendar~ar rather than off a fiscal
year, and that nothing could be considered until late in 1963.
Mr, 9mb!nson and a representative from the Seacrest Band Boosters
Club ware ,present and it was explained to .them tha& ;there was no
money available at this time ~or such donation for ~and instruments.
During general discussion and comments, Mayor Dietz suggested that
the Hand hol~ concer,ts at the BandShell at the City P~rk and earn
some of the money im th~s w~yfor the ~nstruments.
6.1. The City Clerk read the following letter from Mr. Joh~ N. Kabler,
dated October ~3, t96~.
"~ po~Tpose to~eed, ~o the =i~y a right-of,way s~rip
width and 293 feet ~ong, which right-of~way is necessary to
widen Pineridge Road, Eas~ of Seacrest Boulevard from 25 feet
to 50 ~eet.
"I will deliver the deed without =~et, if the Ci~ywill build
PineridgeRoad w~thout ass~S~m.ej~/;..~ my a~ace~tbusiness
property and ~i&% wa~.~e.~he px~ti~e paw, king. requirements
which make it impossible to build on the ~emain!ng depth of
on~:~69 ,~,eet.
"I enclose two sur~ey sketches, ~s:howing :t/~ 25 ,~oot right-of-
way marked ~ red.
"I shall appreciate an eaTly.repl~
It was mo~ed byMr. Woodard that :.~.~q~.be referFed to the
The motion was ~d b~'~.~,~ ~.ant~ carried
4~''~ '~ 11-12-62
297
November 12, 1962
6.m. It was reported .that Council, on.the 27th of August, 1962,
granted certain pipeline-easements to the United States government
through the Florida Inland Navigation District for the disposal of
dredged materials on the municipal beach, as a result of th~ widen-
ing and dredging of the Intracoastal Waterway, over Miramar Drive,
Ingraham Avenue and Casuarina aoad rights-of-way. Said F. I. N. D.
now further requests an easement of 400 feet of beach~at the east-
erly extension of the above identified rights-of-way, for the pur-
pose of stockpiling the dredged materials.
Mr. ~rr~n moved to g~ant permission for the request of the
Florida. Inland Navigation DiStrict with the provision that it is
all cleared up wi~lli~ thirty days from the time that' they start and
that there will be no pipe lyi'ng on the beach for any extended period
of time or in the easement way. ~he motion was seconded by Mr.
Talbot and carried unanimously.
6.n. The City Clerk reported that Resolution No.. 1425,.prepared by
the'City Attorney, provides~.for confirming and adopting the Civil
Defense Operationa! Survival Plan for Palm Beach County,' Florida,
and ratifying the appointments approved at a Special Council Meeting
held on October 2$th, comprising an organizational chart of th~ Civil
Defense Council, as submitted by Mayor Dietz.
Mr. Worthing then read RESOLUTION NO. 1425.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, PALM BEACH COUNTY, STATE OF FLORIDA,
CONFIRMING AND ADOPTING AN OPERATIONAL SURVI~VA~
PLAN FOR THE CITY OF DELRAY BEACH.
WHEREAS, the 9olitical, economic and cultural aspirations of the
world powers are at hostile variance, and
WHEREAS, the United States of.America and the State of Florida
have each promulgated laws and plans for the mobilization of civil
forces, conservation ofresources and coordination of efforts to
protect' life and. property, and
WHEREAS, the Civil Defense Council of the City of Delray Beach
has proposed an Operational S~rvival Plan anticipating ~emy attack,
said plan being dated January 1, 1962 and is in conformity with the
Statutes of the State of Florida and the National Plan for Civil
Defense and Defense Mobilization, ~contemplating the~ ado~rtion of such
plans in all counties of this State.
NOW THEREFORE, Be it Resolved by the City Council of the City of
Delray Beach, Florida, as follows:
Section I.. The Revised Survival Plan for Palm Beach County,
Florida, dated January 1, 1962, be and the same is hereby confirmed
and adopted as the Operational Survival.Plan for the City of Delray
Beach, Florida, except for those portions thereof which by their
wording could' have-no application to the City. (A copy of said Plan,
identified by the signature of the Mayor and City Clerk, is attached
hereto and made a.part hereof.)
Section 2. That an organizational chart and the appointments
approved at a Special Meeting of this City Council on the 25th day
of October, 1962, are hereby ratified, and shall also be attached
hereto and made a part of the said Operational Survival Plan.
PASSED AND ADOPTED this 12th day of November, 1962.
Resolution No. 1425 was unanimously adopted on motion by Mr.
Woodard and seconded by Mr. Avery.
-$- 11-12-62
298
Novembe~ 12, 1962
Mayor .Dietz as Civil Defense Director-announced that as soon as
he receives the. Plans from some of the appoin~tees on the Civil
Defense setup that there will be a general meeting. T~at to date
he has received Plans from Mr. Woodard and .Fire Chief Gregory, and
commented, o~' the-very fine report submitted by Chief Gregory.
6.0. sUpplement. 'It was reported that in changing the parking, pro-
visions, on Atlantic ~.venue in conjunction with the relocation of the
lights on Atlantic Avenue, particularly between East. 4th and 5th
Avenues, parking space is desired .a~'~acent to the ·East-West alley in
Block 101 on part of Lot 7, .and the. following r~der to a lease be-
tween the City of Delray Beach and the Delray Beach Public Library
Association, Inc., was p~repared concerning provision for the needed
parking space.
SECOND RIDE& TO. LEASE
THIS RIDER, Made and executed this 12-th'day of November, 1962,
between CITY OF DELRAY BEACH, a municipal corporation, in Palm Beach
County, Florida, herein called LesSOr, and the DELRA¥ BEACH PUBLIC
LIBRARy ASSOCIATION~ INCORPORATED, herein called the Lessee.
WHEREAS,. heretofore the parties made and executed a certain~lease
covering the following property in Palm Beach County, Florida,.' to wit:
Lots 8 and 9, Block 101, Delray Beach, according to the
plat thereof recorded in Plat Book 1, page 3, public
records of Palm Beach County, Florida,'
dated April 19% 1948, leasing said property to Lessee for a term of
99 years from said dste~ and
WHEREAS,'. heretofore the parties made and executed a Rider to the
aforesaid lease covering the following additional property in' Palm
· Beach County, Florida, to wit:
LOt 7, less the north 16 feet thereof, Block 101, Delray
Beach, according to the plat thereof recorded in Plat Book
1, page 3, public' records of Palm BeaCh Oounty, Florida.
dated J~ne 9, 1958, leasing said property for a term running con-
currently with the term granted in the lease dated April 19, 1948%and
WHEREAS, the Lessor wishes tO use the North eight (8) feet of the
above described property to alleviate the downtown parking problem;
NOW, THEREFORE, 'in COns~dera~t£on o~ the agreements contained in
the aforesaid existing lease dated April 19, 1948, and the further
agreements contained in the first and second Rider to said Lease,
it is agreed:
1. The Lessee hereby grants an Easement for parking unto the
Lessor Over the North eight (8) feet of the following described
property:
Lot 7, less the north-~16 feet thereof, Block 101. Delray
Beach, according to the plat ~hereof recorded in Plat Book
1', page 3, p~blic records of Patm Beach Count¥~ Florida.
2. The Lessor agrees that it will remove any existing landscaping
from said area to a location to be designated by the Lessee, and fur-
ther that Lessor will rearrange LesSee's iaw~ sprinkler system, if
necessary, to assure continued satisfactory operation.
3. It is mutually understood and agreed that Lessee reserves the
right to terminate the Easement herein granted at such time as the
Lessee determines 'mat said area is needed in conjunction with the
erection or'improvements to the library building~ however, the Lessee
must first give Ninety (90) days' ~notice to the Lessor.
~299
Novembe~ 12, 1962
IN WIT~E~ SS .W~, F, the Lessor~has caused this Second RL~der to
Lease to be exec~ by £te Mayor,-,and attested by the City Clerk
and the City Seal to. be aff. ixed thereto~ and tbs..Lessee has ,also ex-
ecuted this Second Rider ,,to Lease, on. the datej firs% abo~e ~written.
CITY OF DELRAY BEACH
~BY
ATTEST: walter .Dietz, "M~o~
R. D. Worthing, City Clerk
Signed, sealed and delivered
in our presence: DELRAY BEACH PUBLIC' Li'B~RY
ASSOCIATION, INCORPORATED
President
Secretary
APPROVED:
Joh~ Ross Adams, City Attorney' '
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
Before me, the undersigned authority, personally appeared WALTER
DIETZ and R. D. WORTHING, Mayor and 'City Clerk ,of the. City of Delray
Beach, Florida, respectively, to me well known .~o be the individuals
who executed the above and foregoing Second R/der to Lease, on behalf
of the City of Delray Beach, and they acknowledged before me that
they executed the same freely and voluntarily as and for the act and
deed of said City.
WITNESS my hand and official seal 'at Delray Beach, F10rida, on
this the ~.day of November, 1962.
Notary Public
My. Commission expires:
Mr. Avery moved. that authorization be granted to execute said
rider to the lease with the Library AsSociation, the motion being
seconded by Mr. Talbot and unanimously carried.
7.a. It was~reported that in oompl~ignce with recent Council directive
the Delray Beach Ministeriai Assoc'i~tion ~as contacted and the fol-
lowing letter in reply thereto has been received:
"In response to your letter of October 29, I am pleased to
report that the Delray Beach Ministerial Association has
named Dr. Stiles B. Lines, Rector of St. Paul's Episcopal
Church, to be a member of the Delray Beach Inter-Racial
Committee. We submit his name for your consideration."
Mr. Woodard moved for Dr. Stiles B. Lines a~pointment to the
Inter-Racial Committee, the motion being seconded by Mr. Talbot.
Upon call of roll, Mr. Avery, Mr. Talbot, Mr. Warren and Mr. Woodard
voted in favor of the motion and Mayor Dietz abstained from voting.
7.b. The City Clerk read the following letter from the Optimist Club
of Boynton-Delray Beach, Dated November 2, 1962.
"In order to raise additional funds for'our community wel'fare
and boys' work ~rojeots we have undertaken the s~nsorship of
a Community Kids' Day and Jungleland Safari which ~ill take.
place on Monday, ~ovember' 26th.
-7- 11-12~62
November 12, 1962
"The show will take place on the lot at Atlantic Avenue and
S. W. 2~d Ave. and-will conai'et of an afternoon and evening
performance of. a number of CirCUs acts. Th:ere will be no
fence a~ no a~iss~on uha~ge for ~e show.
"~e revenue will. be..derive~ fr~ a 25~ charge for several
minature children"s.rt~es, pony ri~es and for an unusual treat
ri~1ng on elephants and in elephant trains. ~e ~ttmist ~ub
will also set u9 a hot-dog and sof~ .dr~nk stand.'
"Since ail ~ro~e~s are used for charitable pu~oses, we ask
and hope ~at you will ~ive the usual fee ~arge~ for 9er-
romances of th~s nature.
"Since, also, no ~usual noises ac~mpany this show, no games
of chance are operated and no a~ission fee is charge~, ~
sincerely hope ~u will see your way clear to grant our request."
~. Avery moved ~at ~e re~est be grante~ and ~e fee be .waive~
contingent upon ~eir holding it at a spot selecte~ by the City
Manager an~ with ~e direction to ~e City ~anager that he pacify
~e irate neighbors, the motion being seconde~ by ~. Woo~ar~. It
~s ~estioned as to ~e city liability concerning ~e elephants and
the Co~c~l ~s info,ed that ~is ~s on ~r]vate property for which
the city would have no liability. ~e motion carrie~ unanimously.
8.a. ~ere being no objection to Resol%~i0n. No. 1414 on ~ich ~ere
is a public hearing ~&che~uled for '~his '~ime on the pro~osed improve-
ment of ~art of N. W. ~ Avenue, as ~!1 'as ~e construction of
sidewalks on ~e East and west sides. 0f sai~ po=~on of 9~ Avenue,
City Clerk ~r~ing read=
~SOL~ION NO. 1419.
A ~SOLUTION OF ~ CI~ CO~CIL OF T~ CI~ OF
DEL~Y B~CH, FLO~DA, AUTHO~ZING ~ CI~ ~NAGER
TO PR~EED WITH ~ G~DING ~ PA~NG OF ~T PART
OF NOR~ST NIN~ A~ L~NG BE~EN NORT~ST
s~co~ ~ ~n~ s~$~ .~so ~ co~s~uc~o~ o~
OF NOR~ST NI~ A~ ~REI . DESC~BED.
~S, the City Co~cil of the CitY of Delray Beach, Florida,
~id, on ~e 24~ day of Septe~er, 1962, b~ Resolution No. 1414, ~e-
te~ne ~6 proceed wt~ the grading a~d p~$ng of that part of North-
~et .Nin~ Avenue lying bet~en Northwest Secon~ an~ ~tr~ S~e~ts to
a wi~ of t~nty four (24) feet~ also for the construction of side-
~lks, five (5.) feet~ wi~, on ~e ~a~t a~ west~si~es of that
part of Nor~st Ni~ Avenue herei"'~oVq deecr~be~.
~S,, ,~e ~gesolut~9.n 9r0vidi~g ~er~9~ has. been dul~ p~lished
as require~'~ the City '~arter, to~er wi~ a notice that objec-
tions to sai~ ;~provement ~ul~ be hear~; ana
~S, nO sufficient objections h~ve bee~ made to such proposed
improvement.
'NOW, T~O~, BE ~IT ~SOL~D b~ ~e ~=Y ~ounuil of the City of
DelraY BeaCh", ~F~ori~a~ ~at the c~ty ~".~ag~' b~ and he is hereby
struc~e~ ~o ~roceea with ~e g~a~ing a~' paving of that part of North-
west Ninth A~nue lying bergen North~St Second and ~ird Streets to
a width of t~ntY f0U= (24) feet~ 'a~o ~or ~e qonstruction of si~e-
ioart o~ ~r~west Nin~ Ave~ue her~.na~6~ ~ese.ribeG, accoroing
the plane an~ specifications here%~fore' filed ~ ~e City Clerk,
-8- 11-12-62
301
November 12, 1962
and a copy thereof filed in the office of the City Manager and kept
open for the inspection of the public. .
PASSED in regular session On this the 12th day of November, 1962.
Resolution No. 1419 was unanimously passed on motion by Mr. Warren
and seconded by Mr. woo~ard.
8.b. There being no objection to Resolution No. 1421, on which there
is a public hearing scheduled for this t~me on the proposed improve-
ment of part of S. W. 5th Avenue, City Clerk Worthing read:
RESOLUTION NO. 1422.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLO~IDA, AUTHORIZING T~E CITY
MANAGER TO PROCEED WITH THE oPENING, GRADING
AND PAVING OF THAT PART OF SOUTHWEST FIFTH
AVENUE~LYING BETWEEN SOUTHWEST SIXTH AND
SEVENTH.STREETS.
WHEREAS, the City Council of the' City of. Delray Beach, Florida0
did on the 22nd day .of October, 1962, by Resolution No~ 1421, de-
termine to proceed w~th the opening, grading and paving of that part
of Southwest Fifth Avenue lying between Southwest Sixth and Seventh
Streets to a width of. twenty four (24) feet.
WHEREAS, the Resolution providing therefor has been duly published
as required by the City Charter, together with a notice that objec-
tions to said improvement would be heard, a~d
WHEREAS, no sufficient objections have been made to such proposed
improvement.
NOW, THEREFORE~. BE IT RESOLVED by the City Council. of the City of
Delray Beach, Florida, that the City Manager be and he is hereby in-
structed to proceed with the opening, grading &nd pav~ng of that part
of Southwest Fifth Avenue lying between Southwest Sixth and Seventh
Streets to a width of twenty four (24) feet according to the plans
and specifications heretofore filed with the City Clefk, and a copy
thereof filed in the office of the City Manager and kept open for
the inspection of the public.
PASSED in regular session on this the 12th day of N~Vember, 1962.
Resolution No. 1422 was unanimously passed and adopted on motion
by Mr. Avery and seconded by Mr. Warren.
8.c. The City Clerk read RESOLUTION NO. 1423.
A RESOLUTION OF THE CITY COUNCIL OF THE C~TY OF
DEL~AY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID
CITY~ SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID
LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS
SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH,
FLORIDA.
(Copy of Resolution No. 1423 is attached to and made a part of
the official copy of these minutes.) See Pag% 306 A & 306 B & 306
Resolution No. 1423 was unanimously adopted on motion by Mr.
Warren and seconded by Mr. Talbot.
November 12, 1962
8.d. The City Clerk repo~rted that Resolution No. 1424 is submitted
to Council with a re~/~e~t for it's adoption in order that a legal
instrument may be crea.~ed for reco~ding purposes and ~at said dedi-
cation of right-Of-~y '~s un~imoUsly approved by Cocci1 on
Dec,er 18, 1961.
bit~ Clerk ~r~ing then read ~SOL~TiON N0. 1424.
A ~SOLUTION OF ~ C~ CO~CIL OF T~ CI~'
OF DE~Y B~ ~O~DA, .~TING A P~LIC.~
RIGHT 0F .~Y .~a A PAR~ OF ~ L~TED
IN MODEL ~ C~ L~ 1, SECTION 20, TO~-
SHIP 46 SOU~, ~ 43 '~ST, P~T BOOK ~,
PA~ 4 ACCO~IN~ ~ T~ P~LIC ~CO~S OF PA~
B~CH CO~TY.
~R~S ~e City Cocci1 of ~e City of Delray Beach deems it in
the best interest of the citizens of ~is city. to dedicate a fifty
foot wide right of ~y over a three hundred ~irty foot strip of land
located within a five acre traOt o~ed by ~e City, said tract being
more particularly described as a horsefly extension of s. w. Sixth
Avenue, co~encing at S. W. Sixth Street and running approximately
~ree hundred ~irty feet nor~rd and being in Model Land Company
~t 1, Section 20, To,ship 46 South, Range 43 East;
NOW, ~FO~, BE IT ~SOL~ by ~e~'~city council of the City
o,f Delray Beach, Florida, as follow:
We hereby dedi~te to ~e czti~pns of ~e c~ty of Delray Beach,
purposes, to wit:
East 25 feet of ~e S. W. ~arter of-ModeS'Land Co~any
~t i in Section 20, To,ship 46 South, Range 43 East
per 'Plat Book 1, Page 4; Also ~e west 25 feet of the
S. E. ~arter of ~aid ,M~del ~n~ Comedy's Lot 1 in ~
Section 20,' ~shiP 46~ Sou~, ~n~e~ 43 East,. as recorded
in ~e P~lic ke~rds of Palm 1~a~h CoCky, Florida, per
Plat Book 1, Page 4.
PASSED ~D ~OPTED this 12th day of Nove~e~, 1962.
Resolution No. 14~4 was un~'kmouSly passdd and adopted on motion
by ~. Warren and seconded by '~. Woodard.
8.x. Supp!e~ent. ~e City C!erk re,fred' ~a~ Res91ution No. 1426
~as been. created to acComPlish ~e' desired 9u~ose' of ~e ~u~cil
for eliminating any curtai~of/~:use'of d~iIity tax revenue,
and ~en read:
~S~LUTION NO. 1426.
A "B ~CH ~
~R
~IES
~S. the wa~er Department ~f'~" ~%Y of ~-3 Beach,
Florida, has s~6~ a net pro.~i~ ~Vpr ~p~ 'f~w y~s resulting
in ~ earned surplus in excess 'of $700,0~.'00; and ~
~S, ~e City of ~eiFay, Bea~, FlOrida is conte~lat~ng the
issuance o~ $1,'100,000.00 u&ilit~e~ Ta~ Rev&hue certifiCa~es for
~e purpose o~ finan~ing a portion of an o~ea. ou~all ~anitary
sewer system~ an~
-10- 11-12-62
803
~ovemb~r 12, 1962
WHEREAS, the City proposes to pay the Utilities Tax Revenue
Certificate~s from the surplus revenues of the Water and Sewer System:
NOW, THEREFORE, EE IT RESOLVEDby the City Council of the City of
DelrayBea~h, ~lor&da, as follows~
The City Manager is hereby directed to instruct the Director of
Finance to set up a separate_account in the Water Fund, entitled
"Reserve for Utilities Tax.,~Revenue Certifi~ates" and to immediately
transfer the s~m of $'35,625.00 into said account~ from the earned
surplus, to tra~s£er a like sum into. said account at the end of the
next fiscal year from the earned surplus anticipated in that year,
and thereafter provide the funds necessary to pay the debt service
requirements of the. Utilities Tax Revenue Certificates from the
surplus revenues of the Water and Sewer System.
PASSED ANDADOPTED this 12th day of November, 1962.
Resolution No. 1426 was unanimously passed and adopted on motion
by Mr. Woodard and seconded by Mr. Avery.
8.e. The City Clerk read ORDINANCE NO. G-474.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTIONS 9-1, AND 9-1.1,
CH~,P%'SR 9~ CODE OF ORDINANCES OF THE CITY
OF DELRAY'BEACH, BY ADOPTING T~E LATEST
SUPPLEMENt. TO THE SOUTHERN STANDARD BUILD-
ING CODE, AND ALSO ADOPTING A ~AS CODE~
COMPILED BY THE SOUTHERN STANDARD EUILDING
CODE CONGRESS, PERTAINING TO MINIMUM STAND-
ARDS FOR INSTALLATION OF CONSUMER'S OAS
PIPING AND GAS APPLIANCES.
Ordinance No. G-474 Was 'unanimously p!aoed on first reading on
motion by Mr. Avery and seconded by Mr. Talbot.
8.f. The City Clerk read ORDINANCE NO, G-467.
AN ORDINANCE OF THE CITY COUNCIL OF THE-CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
CERTAIN LANDS LO~ATED IN SEC~ION 18, TOWNSHIP
46 SOUTH, RANGE 43 EAS~, WHICH LANDS ARE CON-
TIGUOUS TO EXISTING MU~XCIPAL LIMITS OF SAI~
CITY; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LANDS~ PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LANDS~ AND PROVIDING
FOR THE ZONIN~' THEREOF. (Industrial property)
(Copy of Ordinance No. G-467 is attached to and made a part
of the~official copy of these minutes~) ~See Pages 306 D & 306 E
There being no objections tOOr~--nance No. G-46~. on this second
and final reading, said Ord~inanc~. was unanimously passed on motion
by Mr. Woodard and seconded by Mr. Warren.
Mr. Woodard reminded City Manager Holland about the time clause
relating to the water inst~l~ation.
8.g. City Clerk Worthing read ORDIN~CE NO. G-468.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SUB-SECTION (C),
SECTION 29-7, CHAPTER 29 OF THE CODE OF ORDINANCES
OF THIS CITY AND REPEALING SUB-SECTION (11), SEC-
TION 29-7.5, CHAPTER 29~ OF TH~CODE OF ORDINANCES
OF THIS CITY PERTAINING TO BUILDING ~EIGHT REGU-
LATIONS IN THE R-3 MULTIPLE FAMILY DWELLING DISTRICT.
-11- 11-12-62
NOvember 12, 1962
The City Clerk also ,read the Planning Board, l~eport concerning
Ordinance No. O-468, which report recommended adoption of said
Ordinance.
Ordinance No. G-468 was unanimoUSly pla~"o~;' first reading on
motion by Mr. Woodard and seconded by Mr. Talbot.
8.h. The City Clerk read ORD}~/~E :NO. (~69:~ -and Planning Board
Report concerning same, which rep~' reasCend'ed adoption of said
Ordinance, and further 'recommended fha% the'-~u~'eil withhold any
permits for new gaSOline stations untiI~ such time as this recommen-
dation is disposed of.
AN ORDINANCE OF THE CZ,~Y OP DP.,~.I~AY BEACH, FLORIDA,
PROVIDING FOR AND REGULATING' AND RESTi~ZCT~NG TIiE
LOCATIONS OP GASOLINE AND OIL PILLING STATIONS OR
SERVICE STATIONS.
Ordinance No. G-469 was unanimously placed on first reading on
motion by Mr. Warren and seconded by Mr. Woodard.
8.i. City Clerk Worthing read ORDINANCE NO. G-4,70.
AN ORDINANCE OF T~E CITY OF DELRAY BEACH AMENDING
SECTIONS?9-6.5 AND~9~6~"6, CODE OF ORDINANCES OF
SAI, D CITY P~RTA~ZN~~ T~ R~ULAT~ONS 'LIM,~TING THE
HOURS FOR- ~,R,TAIN BUILDING CONSTRUCTION IN THE
CiT~~'0P DELilAh, BI~AC~", AND PROVIDING: '.PENALTIES
FOR THE VIOLATION"
Ordinan'Ce No, G-470 was unanimously placed on first reading on
motion by Mr. TalbOt gnd: seco~d~' ]~y Mr, Warre~-.
8.j. The City Clerk read ORDI~NANCE NO. G-47,1,, and the Planning
Board Report recommending that said Ordinance· be adopted.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH~ :FL0~DA, AMENDING SECTION ~9-?.
CHAPTER 29 OF T~ CODE OP 'ORDINANCES OF ~HIS
'CITY BY ~RES~NO 'C~RTAIN PROCEDURES TO BR
OR U~ES OF .~'"~PRi~TY~7~O~TED WITHIN THIS CITY.
OrdJ_nan~e NO. g-47! wa~ u~&r~oUely placed on first reading on
motion by .Mr. Tai~o~r:and seconded by Mr. Woodard.
8.k. The City '-Clerk read OP3~;I~E,~E NO~ ~',G-4~72, and the Planning
Board repoFt recomm~n~din9 '~hat Said: 0~f~it~'e be adopted.
AN ORDINANCE OP, ~ CITY OF DELRAY BEACH AMENDING
SECTI0~ 29-7.9, CHAPTER 29 OP THE CODE OF ORDINANCES
OF THZ~ CITY PERTAINING" TO ~PROCEDURES TO ~E FOLLOWED
IN MAKING ~UANGES~ AND 'AMF/~DY/ENT~ TO SAID CHAPTER, 29.
Ordinance 1~o. G-472 .was unatl;t~ous,,1y p~l~ed on first reading on
motion by Mr. Warren and secoR~ Mr, :.AverY,
8.1. Supplement. City Cl~;'Worthing read the follOWing letter from
Mr. W. J. Snow, dated :OCt~r 29, 1962.
"Subject,'.. 5 Acr~ oE~.!P~operty adjacent to 10 acres owned
' by ~he City for use 'as dump 'and lan:d fill area.
"Descript, t=-or~i~ N. 5 acres of Model Land Company, s Lot 5 lying W of' F.E.C. RR Right'Of way.
-I2- 11-12-62
808
Novemb'er 12, 1962
,APProximately two years ago., I offered this acreage to the
City for $10,000.00 an~ approximately six weeks ago, in order
to make a quick sale, ! again offered this property to the
City for $7,500.00. RealtOrs I have discussed this property
with seem to think this is a very cheap pr~ce~ '
" "To confirm their opinions, I received your tax bil1 S 6415
which sets a valuatio, .~'6f $12, 000'.i00 on this property,
"Inasmuch as the City has not indicated t~ me that they would
purchase this ProPerty, I firm!y believe they should absorb
the City taxes as well as State and County taxes, and in
addition to this, go back a period, of time and reimburse me
state and County taxes, which I have paid, from the year they
started using this dump area.
"I do not believe this is a unreasonable request, and if
found so, will stand corrected."
City Clerk Worthing stated that this five acre tract of land is
in~nediately South and adjacent to the ten acre tract that the city
pruchased from Mx. Snow several years ago and is now being used as
a city dump. ~rther, that the assessed valuation for taxation pur-
poses of $12,000.00 is fair, just and equitable, and it is recom-
mended that the City Manager he provided with necessary funds to
purchase this tract of land for $7,500.00 as offered, by Mx. Snow.
Mx. Avery moved that the purchase of this piece of land for the
sum of $7,500.00 be authorized subject to the usual title insurance,
taxes, closing costs, etc., and that the money be taken from the
Contingency Fund. The motion was seconded by Mx. Talbot.
Mayor Dietz commented as follows: "The motion has been made and
seconded and we will have a discussion. I would like to talk to
the citizens of Delray Beach. This is just one of the incidents that
I have been talking about that must be understood and not covered up.
Twice before this Council has acted on this piece of land. It was
first submitted to the Council as a piece of land to be bought. The
Council turned it downl The second .time submitted, and the Council
turns it down. Now, you heard the letter that Mx. worthin~ read.
Now can you imagine a com~aUnity dumping it's debris on private
property and having been doing so for some past years to the extent
of where the owner writes and says he .wants us to pay the back taxes
on that for those years. That comes under the Public Works Depart-
men~ and why would the Public Worka Department be dumping the stuff
on private property? I want this record complete~,. Mx. Worthing, on
the tape and transcribed complete, because it's just another case of
the inefficiency of our Public Works Department.. The Public Works
Department, in defense this afternoon, said that they didn't know it
was private property. They found that out when they surveyed it just
recently. Publim Works say it'S 20 feet. Mx. Holland says it's much
more than 20 feet. We've got two years land .to the West. We've got.'
two years land to the North, and yet this comes under these extenu-
ating circumstances where tonight we dip into our contingency re-
serve in the amount of $7,500.00 to cover up this particular thing.
I thought that statement ~was necessary, because in the interest of
Delray I am going to vote favorable to the motion because, the thing
has been done, but I want the records and the people to clearly un-
derstand that I, when I holler, about these things, that they are
justified and real. This is just another case."
U~on call of roll, the motion carried unanimously.
9. The City Clerk reminded the Council that they had requested a
report concerning a disturbance complaint made by Mx. O. F. Young-
blood at a recent Council meeting, and read a report from Police
Chief Croft on the matter.
' -13- 11-12-62
806
November. 12,_1962
9. City Clerk Worthing read the following letter from the Town of
Ocean Ridge,':si~!ed by MaY°r W. J~' S~'~Q=, dated October 31, 1962.
"The Town co,mission of OCean ~9~ ~ tinder study a s~nitary
sewage diSpoSal s.~tem'~-
"We are much interested in the pos~ibility of tying in to your
proposed outfall in co-oPe~atiOfl ~h the Town of Oulfstream
an~ the county area that lies be~We~ us.
"The feasi~ility of this 9~ogram is ~ertainly apparen~ and an
indication dfyo4/r co~oper&ti0, wiI1 be'most welcom®.
Mr. Avery moVe~ that the City~anager be directed to write to the
Town of Ocea~ Ridge an~ express counci~ willingness to cooperate and
refer them to t~e design engineers for their further consultation.
The motion was seconded by Mr. Woodard and unanimously carried.
10. Mr. Avery moved that the Council approve Mayor Dietz' 'Civil
Defense trip to Tallahassee last week, the motion being seconded
by Mr.' Woodard. Upo~ call of roll, Mr. Avery, Mr. Talbot, Mr.
Warren and ~x. Woodard voted in favor of the motion, 'and Mayor
Di~tz abstained from voting.
I~ was explained that there was an emergency Civil Defense Meet-
ing Called bY the Governor las~week and that Mayor Dietz, ~S Civil
Defense Director Of Delray Beach attended said meeting in the in-
terest of the Citizens of Delray Beach.
10. It was reporte~ that a recen~ conviction in the MunicipaI Court
of a MismB~ackstone has resulted in an appeal from her Attorneys
and this matter is now going to the Circuit Court and that author-
izatioD of this~:Touncil for the City Attorney to defend this appeal
in Circuit Court is requested. Mr. Wood, rd moved that the City
AttOrney be instructe~ to defen~ the ~a~e. The motion was seconded
bY Mr. AVery and carried unanimously.
10.~ Mr. Wo~dar~ moved that the City Manager be asked to ~end the
Cha~r~omme~Ce a' ~o~y of the-"thr.e~ sket~$ of th~ One Ho~r
Pres ~ing" ~e~alS ~o= %h~ parking ~e~ers,~n~ coordinate with
the aD~r~val off, the pla~s? The' ~oti0~ was secb"de~ by Mr~ Avery '
and carri~d'~"i~Usly,
10.a. The City Clerk presented b£11s for approval as follows~
Oen~ral~F~nd ~??.398.14
water Fund - Operating Fund 17,828.66
The biils were unanimously o~er~d paid on motion by Mr'. Warren
and seconded by Mr. Talbot.
The meeting a~Journed at'9=30 P.~. by order of ~ayor Di~tz.
R. D~, WOR~ENO ,,
APPROVED:
MAYOR
-14- 1'1-12-62
RE~0LUTION T0. 1423.
A ~F~0L~TION OF THE CITY COU~CIL OF TBE ~ITY OF DEL~Y
BEACH, FL0~I~ AS~SING C0~TS ~ A~TING ~NC~
~ON CERTAIN ~S ~CAT~ ~IN S~ CI~ SETT~G
O~ ACT~L C.~ INC~ BY S2~ CI~ T0 ACCO~LISH
S~H A~TE~ A~ ~NG ~E C~T 0F S~H ~TE~
T~ CI~ ~G~ OF DE~Y ~CH, F~IDA.
WHEREAS, the City Oouncil of the City of Delray Bs&ol~, did~ in
reqular 9/ld/~e session held on ~e March 26th~ April 23rd,
May 14~h & Au~st 13th, 1962 deolare t~ e~stence ~f a ~ui-
s~e upon o'erta~ ~e~ o~ p~e~ 0f l~d, described in a list
m~tted to t~m, f~ v~olat~on of ~ p~ov~s~ons of O~d~n~ce
WHEREAS, pursuant to such declaration, the City Clerk of said
City did furnish each of the re~ective owners of the lan~s described
in s~$d l~st w~th a ~ot~e desc~$bin~ ~e ~t~ of ~e nu~e~ce ~d
t~t the~ ~st aba~e sa~d nu~s~ee w~ ~h~t~ (30) da~s~
~n wh~h the O~t~ ~o~c~1 woul~ have ~t done, ~d the
would be lev~ed as ~ assess~nt a~e~st sa~d p~operty~
WHEREAS, the o~ners hereinafter named did fail and neglect to
abate the nuisanae existing upon thet~ respective lands within the
time prescribed in said notice and Ordinance G-l~7, and the City of
Del~ay Beach was required to and did enter Upon the following lands
and incur costs in abating the nuisance existing thereon as described
in'the aforesaid list] and
WHEREAS, the City Manager of the City of Delray Beach, has, pvr-
suant to said Ordinance G-i~? and the City Cha~ter submitted to the
City Council a report af the coats incurred in abating the nuisance
as aforesaid, said report indicating th$ costs per parcel of land
involved,
NOW, TB~REFORE, BE IT RESOLVED BY THE CITY 'COUNCIL OF T~E CITY
'DELEAY BEACH, FLORIDA, AS FOLLOW8 ~
1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the
City,s cost of abating the aforesaid nuisances upon tho Iota or pa~-
cels of land described in said report, a copy of which ia attached
he~eto and made a part hereof, a~e levied against the parcels of land
described on Said. report and in the amounts indicated thereon, 'Said
assessments so levied shall be'a lien upon ~ho respecti.ve ·
lots and parcels of land described in said report, of the sa~e
nature and to the Same extent es the lien for general city taxes and
shall be collectible in the same'manner and with the same penalties
and under the same provisions as tO sale and' foreclostu-e as city taxes
are collectible.
2. That the City Clerk of said City sBall, aa soon as pOssible
after the effective date, reco~d a certified cop2 of this resolution
in the office of the Clerk of the Ci~uit Co~t In ~d fo~ Palm Beach
Co~ty. Florida, ~d shall f~ish to each of the o~e~a n~d in ~d
upon said report a notice that t~ Ci~ ~cil of the Ci~ of Delmay
Beach,--did. on the March 26; April 23; May 14 & August, 1~, 1962
._~ ordeP ~e abatem~t of a certa~ nuls~ce e~s~g '~ ~e~ described
property ~d proper~ O~e~ ~ving laird to abate such nuis~ce,
within ~e 30 d~ period, ~reupon it w~ abated by ~e City at costs
~ho~ in said report and such assese~nts shall ~ legal, valid and
binding obligatio~ ~on the Pr~ert2 ~ai~t w~h said assess~nts
~e levied. This resoluti~ ,h~ll beco~ effective 30 days f~ the
date of ~option, and the aeSess~nts contained herein shall become
due ~d payable ~rty days ~te~ the ~iling date of the notice of
said assessm~t, ~te~ ~ich ~te~est shall accrue at t~ rate of 6%
pe~ a~ on ~y ~aid portion t~reof.
PA~ A~ ADO~ ~ regular SasSl~ on the 12~ d~ Of
/s/ ~alter Dietz
/s/ ~. D.
COST OF ABATING_ NI~ISANOE UNDER 0Rp!.N.ANOE N0~ 0,',lb-7
.PROPERTy.. DESCRIPTION OWNER. ASSESSMENT
March 26,. 1962 list
50' of N 100' of %; 1351 of O.D. P~lest, Sr. $ 75.00
of Block 22
April 23, 19.62..1.i.st
Lot 17, Paradise Neights Lizzie ~ Rosetta McDowell 15.00
May lb, 1962 list
Lot 14, Blk. B., Carver Rufus Norman Estate 25.00
Memorial Park % Ulysses Kerr
Lot 10, Block 89 Jean G. Pyle 45.00
Lot 30, Palmetto Square O.D. Priest, Jr. 52.00
$ 139' of E 150' of W~ of E~ John N. Kabler ~50.00
of W~ of Lot 3, Sec. 17-~6-~3
Lot 9, Blk, 2, Atlantic Pines O.D.Priest, Jr. 50.00
Lots 12 & 13, Blk. 2, Atlantic N.G. & Celeatine Poitier 100.00
Pine s
Lot 25, Blk. 2, Atlantic Pines Curtis & Mary A. Hanna 35.00
E 50' of W 37~' of N .160, of Lennie & Ruby Dublin 20.00
SW ~ of Lot 5, Eec. 8 46-43
E 501 of W 1501 of S 135' of SW~ A. Simon Eassa 10.00
of Lot 5, Sec. 8-46-43
August 13, 1962 lis~
Lot 15, lass E 261 & Lot 16, less Joseph & Ida Kclendo 10.00
%; 28', Blk, 2 & Lot 9, Blk. 3,
Bellvlew Manor
Lot 5 & E 12~ cf Lot 4, ' K.D.D.O. 5.00
Blk. ~, Bellview Manor
Lot 12, Blk. 1, Dell Park Mrs. A. B. Ritchte 5~00
Lot ~, Blk. 4, Totterdale Joa. E, & Madeline J. 5.00
Addition Killian
Lots 5, 5A & ~B, Blk. ~, Margaret 8. Krebs 5.00
Totterdale Addition
Lot 18, Blk. 5, Totte~dale Martha B. Brassell 5.00
Addition
Lot 19, Blk, 5, Totterdale J.A. & Ula M. Theobald 5.00
Addition
Lots 8thru 10, Blk. ls Dorothy M. Sprayberry 10.00
Totterdale Addition
Lot 3, Blk. A, High Acres Joseph R. & Lillian P. 5.00
3~4 Addition Oarrison
Lot ~, less S 65', Blk. D, R.A. a Effie E. Hughson 5.00
High Acres 3rd Addition
COST 0F_ A~.B~.TING NUISANCE UNDER ORDINANCE NO~
PROPER~Z D~,C,R,~TI.ON OW~E~ ASaESS~
Lots 336, 368, 369, ~70, 371 & Tri County Land COrp. $ 20.00
372, ~Tropic Isle
Lot 367, Tropic Isle Dorothy A. S~th 5.00
Lots 3~3, 3~-& 3~, Tropic Isle Nor Mol Inves~ents, Inc. 15.00
Lots 376 & 377, Tropic Isle ~. J. Jr. & Marilyn D. 10.00
K~f
Lot 381, Tropic Isle E.F. Jonson & H.P. 5.00
Deichen
Lots 384, 385, 387 ~-388~
Tropic Isle W.R. Haggart 12.00
Lot 383, Tropic Isle Geo. E. Haggart 5.00
Lot 386, Tropic Isle ~oe A. · Rubye G. ~t~ps 5.00
Lot 393, Tropic Isle F~ank.& M~ie D. ~nielson 5.00
S} of Lot 10, less W PJ~t~.86~, Jo~ N. Kabler & ~a~ra
Block 1, Osceola Park MoOarney 6.10
E ~8.~ of N} of Lot 10, Jo~ N. Kable~ & Lean,fa
Block 1, 0sceola Park McOarney 5.00
E ~5' of ~t 11, Blook 1, Francis A. & Plorence L. 6.10
Osceola P~k Macaulay
ORDINANCE NCo G-467.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, Fb0RIDA, ANNEXING TO THE CITY
CERTAIN LANDS LOCAT~D IN SECTION 18, TOWNSHIP
46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CON-
TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
· CITY~ REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LANDS~ PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PRO-
VIDING FOR THE ZOI~ING THEREOF.
WHEREAS, it is deemed for the best interest, safety,
health, and general welfare of the citizens of the City of Delray
Beach, Florida, and the owners of the hereinafter described real
property that said lands be annexed to the City of Delray Beach,
and
WHEREAS, said lands are contiguous to the present boun-
.dary of. territorial limits of the City, and that, when annexe~,
will constitute a reasonably .compa.ct addition to the incoNporated
territory with which it is canbined, and
WHEREAS, all of the owners of record of sai~ lands here-
inafter described have consented and given permission for the an-
nexation of said lands, and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with' Section 185.1 of the
City Charter of said City granted to it by the State of Florida:
NOW THEREFORE BE IT ORDAINED BY TH~ CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SE. CTION 1. That the City Council of the City of Delray
BeaCh, Palm Beach County, Florida, hereby annexes to said City the
following described tracts of land located in Palm Beach County,
Florida, which lie contiguous to said City, to-wit=
Those tracts of land lying and being in the
Model Land Company's Subdivision of Section
18, Township 46 South, Range 43 East, Palm
Beach'county, .Florida, described as follows:
The ~. 400' of S 425' of. N½ of SE% of NE%
lying West of Seaboard Air Line Railroad
R/WI and
The N'ly 253..6' of S'ly 678.6' .of E'ly 300'
of N% of SE% of NE~ lying West of the Seaboard
Air Line Railroad R/W~ and
The S'ly $37.56' of E'ly 300' of S½ of NE% of
NE% lying West of and parallel to the Seaboard
Air Line Railroad R/W~ and
The S'ly 100~ of N'ly 1400' of NE% lying between
E-4 'Canal and' W'ly R/W line of Seaboard Air Line
Railroad less E'ly 300'I and
The W'ly 1096' of N 339.96' of S% of NE% lying
East of E-4 Canal t and
The E½ of SW% of SE~ of NE~ and
30~
Page 2, 'Ordinance No. G-467.
That part of SE~ of SE~ 0f NE~ lying West of West
R/W line of SeabOard Air '~i~' Itali~oad and that
pa~t of W% Of ~ of ~ of SE% ly~.g West of West
of Rock
Said 't~raC~s contain~ag appto~t~a~e!Y 25 acres.
SECTION 2., ~at ~e boundaries of the City of De~;ay Bea~
Florida, are her~y'redefiaed S0~ as ~o in'~lu~e therein ~e ~b6~
scribed ~acts an~ parcels of iai'd, an~' 'said lands are hereby
to be within the corporate limits Of th~"C~y of Delra~ ~ach, Florida.
SECTION 3=~ in co~s~deration of Petitioner's consent
a~e~tion of lands hereinab~ve ~esct~be~, S~ject tO the following
conditions it is ~e=eby a~reed that:
(a) Such anne~tion as h~ein provide~ ~s subject to
the City of ~lray Beach p=oviding imp=oved egress
and ~ngress ~ereto as ~1~ ~s ~*~ ~Vail~b~~
~otte~dale lndUSt~la~en~'~ ~aid improvements and
(b) It' is ~u~e~ a~eed and ~de~stOod that all unim-
shall be. s~ect to no~Ai %*xa~iO~ inel~in~ ~e
bonded?~ndebte~ess of ~e C~y of Delray Beach,
~n :Sh~ :a~xation, ~be zoned "~-3"' (~o~eJ.ale and
LAqht lndui~[al D~Strict).
SE~X~::~4; ~at the lands'here~na~ve described shall im-
mediately be:~°~ ~ to all of ~e fra~iS~, Privileqes. im-
m~ities, debts, o~ations, liabiI~t~eS, '~nances and laws to
which lands in ~'~A~Y of '~lray 'Beach are now or may be, except as
o~e~tse provid~ ~ set for~ in Section 3 a~ve, and persons re-
siding ~ereon shall?~'~ee~ citizens of ~e C~ty of ~Fa~ Beach.
S~CTION ~. ~at if any ~rd, phrase, clau~, sen.~ence or
part of this ordinate shall be declared illegal by a co~t of ~mDe-
tent jurisdiction,~"~ch re.rd of illegality shall in no ~y affect
Passed in re~ar session on the seC~d and final reading
~his 12th ~a~ of ~0~embe~ 196~.
/s/ Walter Dfetz
M"A "r~-O'.k' '
Ct:}y Clerk
1st ~4~Alg October 22, 1962
2nd Reading ~oQ,,~ber 12. i962