Loading...
12-17-62 DECEMBER ]'7, 1962. A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8:00 ~,M., with Mayor Walter Dietz 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 delivered by the Reverend Noble H. Wible. 2. M~. Woodard moved that the Council minutes of December Srd regular meeting be approved, the motion being seconded by Mr. Talbot. Upon call of ro11, Mr. Avery, Mr. Talbot, Mr. Warren and Mr. Woodard voted in favor of the motion and Mayor Dietz was opposed. Mr. Woodard then moved that the Council minutes of December ?th special meeting be approved, the motion being seconded by Mr. Avery. Upon call of ro11, Mr. Avery, Mayor Dietz, Mr. Warren and Mr. Woodard voted in favor of the motion and Mr. Talbot was opposed. 3. Mr. Wm. H. Gantner of 340 South Ocean Boulevard, being one of a group of residents of South Ocean Boulevard, asked what the City's plan was concerning ten concrete benches and tables, also fireplaces, that are now placed at the South end of the public beach in front of their homes. Mr. Gantner stated that they were very objectional to the residents in' that area and suggested another location on the beach where there were no residences or buildings. During comments and discussion it was brought out that a Council a few years ago had designated the North and South ends of the public beach as picnic areas, but that the cooking of food on the beach is obnoxious to the residents in those areas, and that during the sea,on the picnic tables are not used extensively. Mr. Talbot then moved that all the picnic tables0 benches and furnaces on the beach be moved to the City Park immediately, the motion being seconded by Mr. Avery and unanimously carried. Mr. Robert .~. Woodruff of 334 South Ocean Boulevard commented on the beach and stated that he did not. think the South end of the beach was a proper location for a picnic area. The City Manager was complimented by a member of the audience for the fine work that was done by the City in repairing the damage at the South end of the beach recently. X. Concerning December 7th Council minutes, Mr..Woodard stated that the minutes did not reflect the same figures that were reported and approved regarding the straw vote in the December 4th Election. City Clerk worthing reported that the correct figures are as shown in the December 7th Council minutes. Mr. Woodard then moved that the figure-= that 'the Council approved on the recently held election on the Straw Vote be approved as amended in the December 7th Council minutes to state "For - 455 and Against - 1263". The motion was seconded by Mr. Avery and upon call of roll, Mr. Avery, Mayor Dietz, Mr. Warren and Mr. Woodard voted in favor of the motion, Mr. Talbot was opposed. 4. Mr. Warren read the Beautification Committee meeting minutes of Thursday, December 6th, 1962 aa follows: 1. "A motion was made by Mr. Galinat and seconded by Mrs. Bowen that the rock road running through the 10th Street boat landing be closed, as requested in the minutes of ~he Beautification Co=~ittee of November 8th. Motion passed unan/mously. actio~. ) 2. "Mrs. Bowen a~nou~ced that the parley Garden Clubs and the Chamber of Cou~nerce were co-sponsoring a Holiday Decorating Contest for homes and businesses and that Judging would take place December 19th. 12-17-62 December 17, 1962 3. "A motion was made by Mr. Lankton and seconded by Mr. Galinat that the Committee recoma~end to the Council that they reconsider their recent action to c~vert the north one-half of the land- scaped area of .the Library into a parking lot, as the Commit~zee feels :~at this would seriously affect the beautification .of our city. 'M~ion passed. (Council action. )" Concerning Item 1. Following discussion, the City Manager was in- structed to move half of the picnic e~uip~ent from the South end of the beach to this 10th Street ~st Landing area and place it so that it would barri=ade said ro~k..road. Concerning Item 3. It ~r4s requested that action on this item follow action on tonight's agenda item 6.e. concerning parking facilities on Bast Atlantic Avenue between 4th and 6th 4.a. A roll call showed that the following Cl~c Organizations and representatives were in attendance. Chamber of commerce Mr. Kenneth E1Xingsworth League of Women Voters 'Mrs. Virginia Mayers Board of Realtors Mr. Richard Jebb Breezy Ridge Estates Mr. John Sword 5. City Clerk Worthing read the following letter ~=o~ ~ Williams Post No. 1.88, American Leg~t~ '~ed December ]~h0 "The American Legion Post Nu~'~ 188 wish to thank ~ Cl~y Council for granting us the use O~ the .,Wes.~ ~ide ~a~k d~ing the week of our Thank~gi~!ng Pes~al. our ~e~ re.~e~p~s ~his year was $673.47 o~' ~~ ~lgh~ '~%&llmen~s ~ere' p~ia ~o BoMn~on 8each S~ate B,anRJ ~e' oth~¥ was' paid on u~lity bills. "we feel that you are entitled to th£a information since the financial side of it was so very t{eXPful." 5. The city Clerk read the following letter f~om Mr. Kenneth R. ~illiams, President of the Florida Atlantic ~niversity, da~e~ Decen~ber 6th, 19~2. "On behalf of the administration and faculty of Florida Atlantic University, I wish to express apprecia~i*~ ~or ~he gran~ of funds made recently by the City of Delray Beach i~ sO,port of the Groundbreaking Exercises being planned for Florida Atlantic University. This is another signi~i~ant and tangible evidence of the sort of official sUppOrt whAc~ ma~e possibI~ the estab- lishment of the University in this area and which will guarantee its continued healthy de~elepment. "The un~rs~ ~i1~ ~ook ~ozward to working with y~u and other official 'bo~ies in eve~ appropriate way in the months and years ahead." ~. The City Clerk read the fol-~x~.Ang ~etter frmm the woman,s Club of Delray Beach, dated December 13t~, 1~62. "We wanted you to know how much we a~p~ecia~d the w~rk done by the City on lot. The sSriping 'and moving tr~e~..a~l~d of rock gardens, a.X~ .~etped s~.m~h t~ beautify..~ur our. ~t~b. House. Thanks again for all ~¥our ~ ~op~a~t£o · 6.a. Ci'~¥ Clerk worthi~g reX~rted that the Co~ty S~pervi-'aor o~f ~ been contactad concerning Regie~.~n and the CO~/~tM C~mmAssion had revision of county ~o~£ng precincts .~n .~ Delra¥ Beach area, per ,2'- X2-17-62 December 17, 1962 Council instruction and read' ~he replies that ~had been received from ~hem. Following discussion, Mr. Talbot. moved that City Clerk Worthing recommend what he thinks the precincts should be and submit same..to the Council if he wishes, if not submit it direct to the Supervisor of Registration. The motion was seconded by Mr. Warren and carried u~a~nimously. City Clerk Worthing presented a map to the Council designating the voting precincts that he recommends. Mr. Talbot moved that the CounCil approve City Clerk Worthin~'s', plan of voting precinctS~and it be forwarded to the proper party. The motion~ was seconded by Mr. Warren and carried unanimously. Mr, Avery then moved to rescind the action taken in the first motion concerning Agenda item 6.a. The motion wes seconded by 'Mr. Talbot and carried unanimously. 6.b. Mr. Woodard stated that the City's Recreation Department is .now functioning beyond its normal capacity and requested that the Council refer to the Recreational Advisory Board the possible appointment' of a Director of Recreation. Mayor Dietz recommended that when a Director of Recreation is appointe~ that his office be at the ~ommunity Center instead of in the City Hall. City Clerk Worthing was asked to see that this item was placed on the agenda for the second Council meeting in January, 196~. Mr. Talbot moved that this item be tabled, the motion being se=onded by Mr. Woo~ard and carried unanimously. 6.c. Mr. Woodard informed the Council that it had~ come to his attent- ion that the Civil Service employees of the City receive vacations with pay but that the non-Civil' service employees were not receiving vacations with pay further that some of these e~ployees have been with the city for as much as five years. That in his opinion em- ployees who' have bee~ with the ?ity. for .some time should receive va- cation with pay even though they do not come under Civil Service. City Manager, Holland stated that he thought that situation was very unfair to 'all employees Who Were not under~ Civil Service and that it was not taken care of in the *Budget. Mr.. Talbot moved that the City ~anager be asked to prepare the necessary data as to what this involves money-wise, that it may be presented to the new Council for their C°nsideration,~ the motion being seconde~ by Mr. Avery and carried unanimously. 6.d. Concerning reinforcement and protection ~f the Municipal Beach, Mr. WOodard ,said he thought this shoul~ be discussed to 'see whether such action is feasible, whether or not the cost W°uld be prohibitive and just 'what the details are in regard to such action, and mentioned the possibility of installing an interlocking sheet steel reinforce- ment as a bunker to act as a retaining wall to hold the beach in position 'where the beach is landscaped. Mr. Talbot said that Palm Beach County had Studied this problem extensively and~ Mr. Avery. re- ferred to a study by COl. Gee of the Engineering firm of Gee & Jenson who had been consulted concerning this problem. City E~gineer Fleming commented' on the different types of reinforcement and protection and cost of same. Following discussion, ,Mr. Woodard moved that the City Administra- tion inquire of Palm Beach County's 'Engineering department whether or not ~they would have any studies or any information available to the City that would be useful in investigating a retaining wall for the MuniciPal Beach. The motion was 'seconded by Mr. Talbot and car~ tied unanimously. 6.e. City Clerk Worthing re~orted that the following letter had been receive~ from the De!ray,Beach Chamber Of Commerce requesting that the present angular parking on the South eide of East Atlantic Avenue remain as it is and su~rted by, a petition signed by the greater -3- 12-17-62 Deaembe~ 17, 1962 majority of merchants in the general area concerned. "At its meeting today the Board of Directors of the Delray Beach Chamber of Oom~erce 'unanimously voted to request that the angular parking on the south .side o~ Atlantic Avenue bet- ween Fourth and Sixth Avenues remain as is. "Attached is a petition presented to-us by the .merchants in the downtown area, pursuant to the above request." There was lengthy general discussion concerning the traffic situa- tion on Atlantic Avenue. In recognition of. the Chamber of Commerce request Mr. Woodard moved that the parking on the South side of Atlantic Avenue between 4th and 6th Avenues remain in its current status and position and that the City A~minlstration be requested to ask the State Road Department, when they are making the other traf- fic surveys in February, . to consider said parking on Atlanti~ Avenue and make recommendations, the motion being second by Mr. Avery. Upon call of roll, Mr. Avery, Mayor Dietz, Mr. Warren and Mr. Woodard voted in .favor of the motion, Mr. Talbot was opposed. 6.f. During lengthy discussion concerning recommendation of the location of a bridge across the Intracoastal Waterway between the N. E. 8th Street ~ridge in Delray Beach and the Boynton Beach bridge it was pointed out that the South 23rd Avenue location would be pre- retable over the South 15th Avenue location as 23rd Avenue connects with ~olf Road and this is the only link through to Military Trail between Atlantic Avenue in Delray Beach and Boynton Road in Boynton ~each, and that it is in the vicinity of Bethesda Hospital. .Mr. Avery. moved that as forceful a letter as possible be written to the Councy Commission that the Delray Beach Council are on record as ~nanimously and ~x~sitively in favor of the 23rd Avenue bridge and unalterably opp~ ~o. the 15th Avenue bridge. The motion was seconded by ~r~o ~'~% and unanimously carried. 6.g. City Clerk Worth&~..=eported that a street improvement in 1959 of that part of S. W. ~nd ~reet lying between 5th and l~4th Avenues resul~9.~d in an assessment against a County-owned parcel of land abutting/ thereon being assessed for its proportionate Share of the cost thereof, amountAng to.~.960 since which date of levy there has been an accumulation of interest thereon in the amount of $23.14, totaling a current liabi~lity of $103.10. Further that authorization is requested to negotiate with the Board of County Commissioners for dedication to the City of Delray Beach of this parcel 'of land, more particularly described as the East 26.6 feet of the West 161.6 feet of the South 135 feet of Block .14, subject to the assumption by the city of the hereinabove referred to improvement lien0 it being so moved by Mr. Avery, seconded by Mr..Talbot and unanimously carried. 6.h. ~City Clerk Worthing presented bids on city insurance coverage for 1963, together 'with a memorandum concerning same signed..by Director of Finance Thomas ~ Weber and Supervising Agent of Record Clarence. O..Beer~y, recommendi~g.'~hat the following low bids from the six .participating bidders be accepted. 1. Comprehensive General Liability, including ProduCts & Personal In~ury, to Beery and Brown Agency in the amount of $3,181.47. 2..Wor]~nans Comgensation, to De/ray Beach Insurance Agency in the amount of $10,848.53. 3. Comprehensive Automobile Liability, to Beery and Brown Agency in the amount of $3,684.02o 4. Comprehensive Automobile Fire and Theft, to Beery and Brown Agency in the amount of $435.00. 5. Equipme~ ~Floater, All Ris~, $100.00 deductible, Gracey Brothers in the am~un, t of $540.30. 6. Water Towers, All Risk exclusive-of Subsidence & Additional for Subsidence with $1,000.00 deductible, to Gracey Brothers in the amount of $99'1.80. -4- 12-17-62 December ~?, 7. Employees Blanket Bond,. to Beery and Brown Agency in the amount of $271.54.. 8. Treasurers Bond, to Atlantic Insurance Agency in the amount of $272~50. 9. V~unteer Fire Department, 260 weeks disability, to. Plastridge Agency in the amount of $126.75, 10. Auxiliary Police, 260 weeks disability, to Plastridge Agency in the amount of $100~00. Mr. Avery said that he was i~ the City Hall after said bids Were opened and had questioned the. different Insurance Agents and all comments were that the specifications were very complete, the bSdding very fair,' and that the City had a good deal. Following questions and explanations of same, it was reported' that the bids were very competitive,, resulting in reduced insurance cost to the City. Mr. Avery then. moved that the awards be made to all of the low bidders as recommended, the motion being seco~ed by Mr. Woodard. Upon call of ro~l, Mr. Avery, M~yor Dietz, Mr. Warren and Mr. Woodard voted in favor of the'motion. Mr. Talbot abstained from voting and stated that he did so because-he thinks he'is very poor in the area of Insurance. 6.i. Regarding responsibility of the City as well as the lease holder concerning City Dock repair and mainten~nce, CityCIerk Worthing re- ported that the Acting City Manager, City Attorney, Lessee's Attorney John Moore and the City Engineer, met at the City Docks and after re- viewing the damage done and the apparent causes thereof, reports were made by the City Engineer and the City Attorney, which reports were then read by'Mr. Worthing. Mr. worthing furt~ner 'stated, that it is his opinion, while it ~% not absOlUtely necessary, that the propoSed improvement along the ~ feet of wooden dock Area be made at this time, it seem/ng mor~a~isable to do so rather than effect temporary repair thereof, whichwoUld o~ly have to be repeateduntil proper and final corrective measures are provided. Attorney JoBh Moore said that it appears that neither the Lessee or the LessOr' are responsible for said mepairs to the Docks, further, that what Mr. Plum would like to do is to make permanent improvements by putting down transits sheeting below the water line to eliminate the constant erosion, that Mr. Plym would pay for the job and deduct it from the rent. It was reported that said cost would be' $858.00. Mayor Dietz said if the wall were to be made higher it would be a capital improvement and aa a capital improvement you would capitalize 59% for the duration of the lease and the city would absorb the 41%, if it was done on a businesslike basis. Following general discussion and comments,'Mr. Avery moved that the Council agree to provide said improvement in the sum of $858.00, and that it be deducted from the next two rental periods. The motion was seconded by Mr. Woodard and carried unanimously. 6.j. The Council was advised that City Manager Holland suggests the City Hall be closed on December 24th, the day before Christmas, which, in effect, will cause the ~osing of City Hall from 5:00 P.M. Friday, December 21st to 8:00 A.M. Wednesday, December 26th, it being so moved by Mr. Avery. The motion was seconded by Mr. Woodard and carried unanimously. 7.a. It was reported that in compliance with previous Council direc- tive, a public hearing has been scheduled to be held at this time concerning ~.improvement of the City Docks building at Marine Way and S. E. 2nd Street, plans for which are available for inspection at this time. Further, that the Planning/Zoning Board, about a year ago, held public hearings concerning a similar request by the previous · Lessee of the dock facilities, and said board unan/mously recommended to Council that a permit be granted for improvement~of the building facility. -5- 12-17-62 December 17, 1962 Mr. Talbot moved to grant the permissive use and approve said building plans as submitted with the under, tending .~hat said build- ing would be' painted at least every four years. The motion was seconded by Mr. Avery and carried unanimously. 7.b. City Clerk Worthing read the following letter that had been re- ceived from the Chamber of Commerce, dated December 7, 1962. "At its meeting today~ the Board of DireCtors of the Delray Beach Chambe~ Of Commerce took the following action relative to the active continuation of the indu~Crial program during 1963. "Since the program has been advanced to a point where it can be successfully continued by an active committee, it is the intention of the Board to enlarge the existing committee to include several more' of our community leaders and to discontinue the use of a paid industrial director as of December 31, 1962, at which time our contract with Mr. Harry Gerquest expires. "Relative to those funds remaining in the account established by the' city for industrial promotion as of December 31, 1962, it is desired tha~ they be put to use by the Industrial Com-_ mittee~6~tive continuation.of an expanded industrial promot~n~gram.'' There was general discussion concerning the amount of money left in the fu6d to pay the salary of the Industrial Director, and prior discussion about the possibility of said director working from an office in t~e City H~11, etc., following which Mx. Avery moved that this item be tabled untii the second meeting in January, 1963. The motion was seconded by Mr. Talbot and unanimously carried. 7.c. Mrs. Catherine-~trong, a member of the Civic Beautification Committee of the E~r~n~g Garden Club, informed the Council that their club has as a proJect the beauti~ication of. the D~lray Beach Cemetery and they are desirous of building a fountain i~.the center of the ~emetery. ~rs. Strong preseated plans of said fountain that had been prepared for them'byMr.. Robert Blake and further informed the Codncil that t~e Garden Club would build the fountain at no cost to the city. Mr. Avery moved that these p~ans be approved with thanks to the Evening Garden Club, the motion being seconded by Mr. Talbot and unanimously ~arreid~ 8.a. The City Clerk~read RESOLUTX~ON NO. 1430. A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF DELRAY BEACH, FLORIDA, ASSESS.~A~G COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS L0CA~ED WITHIN SAID CITY: SETTING OUT AC"AN/AL COSTS INCURRED BY SA~D CX-TY TO ACCOMPLISH SUCH ABATEMENT' AND' LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DEChARING SA~ L~VY TO BE A .LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (C~py of Resolution is attached to and made a part of..the official copy of these minutes.) See ~ages 3~9A, 3~9~, 3~90 Resolution ~o. 1~30 was unanimously passed and adopted on motion by Mr. Avery and .seconded by M=~,· Warren. -6- ~- 12-.17-62 December 17, 1962 City Clerk Worthing read ORDINANCE NO. G-473. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, CONCERNING BLOCK 73, IN SAID CITY: AUTHORIZING THE MAYOR AND THE CX~TY. CLERK, ON BEHALF OF SAID CITY, TO ENTER INTO A WRI~EN AGREEMENT WITH WILLIAM R. HAGGART AND VIRGINIA L. HAGGART, HIS WIFE, RESCINDING THE WRITTEN AGREEMENT BETWEEN WILLIAM R. HAGGART AND SAID CITY STYLED, "AGREEMENT RESTRICTING USE OF CERTAIN LANDS, ETC.," (WHICH AGREEMENT IS DATED JUNE 12, 1961, AND HAS EEEN RECORDED IN OFFICIAL RECORD BOOK 643, AT PAGE 609° PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS}, RESCINDING THE WRITTEN AGREEMENT BETWEEN WILLIAM R. EAGGART AND VIRGINIA L. HAGGART, HIS WIFE, AND SAID CITY STYLED, "MEMORANDUM OP CONVERSATION WITH MR. WILLIAM R. HAGGART, BY PHONE, ET CETERA," (WHICH AGREEMENT WAS. EXECUTED BY WILLIAM R. HAGGART AND VIRGINIA L. HAGGART, HIS WIFE, AND IS DATED AUGUST 10, 1961) AND RESCINDING THE WRITTEN AGREEMENT BETWEEN WILLIAM R. HAGGART AND VIRGINIA L. HA~ART, HIS WIFE, STYLED, "AGREEMENT," (WHICH AGREEMENT WAS EXECUTED BY WILLIAM R. HAGGART AND VIRGINIA L. HAGGART, HIS WIFE, AND IS DATED AUGUST 19, 1961) ALL OF WHICH AGREE- MENTS ARE ATTACHED TO THIS ORDINANCE AND MADE A PART HERE- OF BY REFERENCE.: VACATING AND ABANDONING AN EASEMENT OVER A PORTION OF SUCH BLOCK 73; AUTHORIZING THE MAYOR AND CLERK, ON BEHALF OF SAID CITY, TO ACCEPT AN EASEMENT FOR INGRESS AND EGRESS OVER A PORTION OF SUCH BLOCK. 73; A PORTION OF SUCH BLOCK 73 FOR PAREING U~E~'ONLY~ ~ERTAZN UBB LI~4XTATXONS,UPON ALL OF EU~B~0CK ~3~ AND/PRO- VXDENOA.PBNALT~.FORVIOLATION OF THIS ORDINANCE. (Copy of Ordinance No. G-473 is attached, to and made a part of the official copy of .th. eseminutes.) Mr. Talbot asked concerning, a ~%% ~9%he~%)e%%%nt, ,egardin~ cancellation Of the egress onto First Avenue after ninety days notice and stated that he was not in favor of that. There being no further objection to Ordinance No. G-473, Mr. Avery moved that said Ordinance be adopted on this second and final reading.. The motion was seconded by Mr. Warren and upon call of roll, Mr. Aver~' Mayor Dietz, Mr, Warren and Mr. Woodard voted in favor of the motion and Mr. Talbot abstained from voting. Concerning the traffic flow at the Post Office, Mr. Talbot said that he would like to have permission to work with City Manager Holland and Police Chief Croft to come up with plams to submit to the Council in an attempt to correct the traffic flow problem at the Post Offi=e. Mr. Avery moved that permission be granted to Mr. Talbot to work on the traffic flow pattern with the City Manager, Police Chief Croft and the CiSy ~ngineer, the motion being seconded by Mr.. Woodard and una~imousl~ carried-. 8.0. City .,Cl~rk worthing read ORDINANCE NO. G-475. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CI-TYOF DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY3 REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS~ PRO~IIDIN~ FOR THE RIGHTS OBLIGATIONS OF SAID LANDS' AND PROVIDING FOR THE ZONING THEREOF. (Presbyterian Church, East of Seacrest Blvd.) (Copy of Ordinance No. G-47~ is attached to and mad~ a part of the official copy of these minutes.) See Pages 3~9H & 3%9S -7- 12-17-62 December 17, 1962 ·here being no objection to Ordinance No. G-495, said Ordinance was unanimously passed on second and final reading on motion hy Mr. Warren and seconded by Mr. Talbot. 8.d. City Clerk ~r~h~ng read ORDI~CE NO. G-496. AN ORDXNANCE OP ~ CITY COUN¢II'. OF THE CITY OF DEI'.RAY ~BEACH~ FLORIDA, ANNEXING ?O ~HE CITY CERTAIN LANDS LOCATED IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNI- CIPAL LIMITS OF SAID CITY~ REDEPINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS~ AND PROVIDING POR THE ZONING THEREOP. (Lots i thru 5, Block A., Snow Hill S/D. ) (Copy of Ordinance No. G-476 is attached to and made a part of the official copy of these minutes. ) See pages 3~ & 3~9~ It was quest£oned as to whether water cou~ld be furnished to the location of this property within the required time as designated by the petitioner for annexation. City Clerk Worthing read the following memorandum from the Direc- tor of Public Works, dated December 14, 1962, to City Manager Holland. "Subject: Water to Snow Hill S/D - Agenda Item. "At the Council's request a further study has been made of the proposition of providing water to the Snow Hill S/D which lies north of the present city limits on the east side of Pederal Highway immedia~tely north of Allen AVenue. In this connection it should also be recog~ised that the Pood Pair Store, at the corner of NE 14th Street and the old Dixie Highway, has also requested a 2" meter in replacement of the 3/4" meter which is now serving them with city water, and that this 2" meter can- not be p=ovided without additional main capacity in this area. "PLAN. A I;t% orde~ to 'serve the Pood Pair and provide water for possible annexation of territory immediately north of the city limits in this area and also to provide water to the Snow Hill S/D as requested, plan A proposes to extend the water service ~as follows: "There is ;an existing 12" water main crossing under the raiir~ad ~n ~he extension Of NE llth Street. A 10" line ;~o~d'~be tapped off of this existing 12" mai~ and run along the R/W of the old Dixie Highway to a point approxi- mately 2,360 lineal feet north~ ~rom this point a 6" main would ~'e carried easterly over an eas~ent'obtainable along the north boundary of Royal Gardens S/D and extending -directly under the U.S. Highway No. 1, thence northerly a dista~ce of apDroximately 200' to the ~esired point of service, we have been advised by the Sta~e ~ighWay Department that 'it will be necessary to bore and jack the line under the U.S. No. I Highway. "Assuming that a~! work' exceP, t the installation under U.S. No. i would be performed' by cit~'~'~o=~s... my estimate for 'this con- struction (not inOluding-c~ lab°~) is $12,700. "PLAN B, Plan B. entails extending a line frc~ the existing 12" main on NE 3rd Avenue near 'the north line of Plumosa Park S/D directly east and under the Plorida East 'Coast Railroad, thence southward to the easement described in Plan A, thence along the sam~ line as described in Plan A to the point of service. -8- 12-17-62 345 De,ember 17, 1962 "In this case a 10" line will be extended to a point where it is tapped off on NE 3rd Avenue to a point east of the railroad track, th~ remainder of the line then being 6". "T~e cost of extending water to the desired' point through ~%s route is estAmated at $7,025. '~I~ then it were desired to extend the line southward to service the Food Fair this would require the construction of an addition- a2 ~,000' of 6" line, at an additional cost of $1,925 for a total o~ $8,950. This would provide adequate water for the Food Fair and, if at some future date this line needed reinforcing 'it would be a simple matter to extend this 6" pipe an additional 1,360 lineal feet to tie in with the above mentioned 12" line east of the railroad opposite NE llth Street. "we have on hand firm quotations on the cost of jacking and bpring casing under both the railroad and Federal Highway. The easements have not actually been procured, but I am as- sured by City Clerk Worthing that they are available. "If we are to provide water to this area within the ninety days, as we have promised, it is urgent that the Council approve either Plan A or Plan B as quickly as possible inasmuch as it is still necessary to obtain permits from the railroad, the county and the State Highway and also to have the plans for extending city water mains approved by the State Board of Health." There was lengthy discussion concerning these plans and Mr. Woodard state, that negOtA~a'tions are in process for the Food Fair Store to come'into the c~y contingent on receiving citywater. City Engineer Fleming said that he thought PLAN B was the most feasible. ,Mayor Diets a'~ked the City-Engineer: "You just made a statement that from a 6" line you cannot take a fire hydrant more than 600'. Under PLAN B you Can't have a fire hydrant anyplace there except 600' from point of co~tact .from the 12" line, where under your $12,000. plan you bring a 10" line all the way up from your 12" main, you can put water hydrants all along there. You can have fire pro- tection where you.cannot do that on PLAN B. I'm asking that ques- tion.'' Cf~y Engineer Fleming answered: "Substantially that's correct. I suggested a thousand feet of 6" line. If we make '300' of that 6" line, increase the size to .an 8" line, which wouldn't increase the cost substantially; then we can serve, fire protection as far south as the Food Pair-. .If we see fit later to install the additional 1360 lineal feet which ties it in below, we will have, in effect, water coming both ways on this 6" line which is equal to t~o 6" lines, and we can provide fire protection to any point along that 6" line." Mayor Dietz asked what the cost would be to bore under the rail- road to which the City Engineer replied that it would be $2,180.00 that the 10" main that would go through the casing would be installed by city forces and he only figured the cost of material on the carry- ing pipe. Mayor Dietz asked City Engineer Fleming to expl&in 'what PLAN B is. City Engineer Fleming replied~ "pLAN B is to bore underneath the railroad from a point opposite the' South property line of Plumosa School property, directly East underneath the railroad with a 10" carrying pipe, then to Provide Water to the point where we've actually had application we would carry a 6" line South a little way, across an easement to the'Federal Highway, under Federal Highway and North a little way to-the property. That's all that is actually required. If you went then, to extend to the Food Fair, wa would take off at the point where the-10" line under the railroad stops and converts to a 6" line~ we would run South a distance of 300" -9- 12-17-62 December 17, 1962 with an 8" line, 700' with a 6" line to the Food Fair, then you could provide fire protection at any pointon those lines." 'Further stated that it would cost $1,940.00 to bore under the Federal High- way. Mr. Woodard said that the Ranch House is very anxious for con- struction to begin on this subject property in order that it may be available for this season's business, and they would like to be appraised, through Robert Gracey, of the status of this so they could coordinate their construction date with the city schedule for being able to supply water. The City Attorney said that he would like to see the memorandum that will go to Robert Gracey, and he would see that the city is not obligated in any way in the event they fail to furnish water within ninety days. Fol~o~ing further d~scussion, and there being no objection to Ordinance No. G-475, said Ordinance was unanimously adopted on second and final reading on motion by Mr. Avery and seconded by Mr. Woodard. Mr. Avery then moved that PLAN B be authorized and that the funds for this be transferred from the Contingency Account to the Trans- mission and Distribution Account of the Water Operating Account, the motion being seconded by Mr. Talbot and unanimously Carried. City Manager Holland cautioned the Council concerning time limi- tation on getting certain improvements completed as there is often a delay in obtaining rights-of-way, etc, It was made known ~hat the request for this annexation was con- tingent upon the City of Delray Beach agreeing to make available city water to the premises within ninety days from the-date of re- quest for annexation, ~fnich date is November 12, 1962. Following further discussion, Mr.~ Avery moved that the City Manager be directed to get with the .City Attorney and Mr. Woodard and get this item worked out to everyone's satisfaction. The motion was. se- conded by Mr. Woodard and unanimously carried. 8.e. The City Clerk read ORDINANCE NO. G-477. AN ORDINANCE RELATING TO ALCOHOLIC BEV~RAGES:.AMEND- ING SECTION 4-5 OF .THE CODE OF ORDINANCES OF THE CITY OF DEL~AYBEACH, FLORIDA, PROVIDIN~ FOR EXTENSION OF ZONED DISTRICTS PERMITTING SALE OF~LXQUORS. (Copyof Ordinance No. G-477 is attached to and made a-part of the official copy of these minutes,) Swe Page 3~9F There being no objection to Ordinance No. ~-477, said Ordinance was unanimously pasaed on second and finalreading on motion by Mr. Woodard and seconded by. Mr. Avery. 9.a. City Clerk Worthing read the following Planning Board Report. ".The Planning/zoning Board met in special session on December 4th, ~962, for the purpose of reviewing the following letter which had been referred to the Board, for its consideration, by.the City Council on November 26th. 'Enclosed please find a plat of t~ Lake Ida Road area with 4-1/3 acres~indicatedbF.arrow. This property fronts ~n Lake Ida Road and on the Lake Ida Canal. 'It .~S av&il~e to the City of Delray Beach or ,the'COurt. fy of-Palm BeaCh for$14,500 for uses other than res~idential..~e total pr/~e can be terms' "The ~ard' unanimously agreed on there being.no apparent need nor use fOr.-the~above described.tract of land and therefore believes that purchase of said parcel for such sum.of money is unwarranted unless the City should determine a definite need of this tract for future additional water supply wells." -10- 12=17-62 December 17, 1962 M~. Avery moved to accept the recommendation of the Planning/ Zoning Board, ~he motion being seconded by Mr. Wood&rd and unani- mously carried. 9.b. City Clerk Wor~hing read a report from Chief of Police ~oft on a traffic survey of East Atlantic at'Venetian Drive and Gle~on Street. In view of Chief Crofts report, Mr. Talbot moved that the City, as sooD as possible, change the traffic flow on VenetianDrive, a~d at the same time investigate whatever measures can be instiqated to bring about the County or the State to give the city permission to place a light at Venetian Drive and Atlantic Avenue, tied. in~o ~he bridge operation. Further, that the one-way traffic in the first block of Venetian Drive be inaugurated as a temporary measure, The motion wes seconded by Mr. Avery and carried unanimously, 9.c. Concerning a report of the committee for selection of an engineering firm for design of bridges over proposed C-15 Can~!, city E~gineer Fleming reported that designs had been received ~rom four e~gineering firms, this design to be paid for by the Central & southern Flood Control District, that the city merely makes ~h~ se- lection an~ authorizes the Engineer to make the design. The City Engineer reported that all four firms had used the same schedule to determine their rates and that all four firms are well qualified to do the design work, the only difference in the proposed rate is the difference in the estimate of the cost of the bridge which, would make them all the same in the'final analysis in that respect. The bidding firms are as follows: Gilbert W. Clifford & Associates, Consulting Engineers 125A 108th Avenue St. Petersburg ~, Florida John A. Grant, Jr., Consulting Engineers and Land Surveyors 364 E. Palmetto Park Road Boca Raton, Florida ~annett Fleming Corddry and Carpenter, Inc., Engineers 523 North Halifax Avenue Daytona Beach, Florida Gl&ce Engineering Corporation, Conaulting Engineers P, O. Box 670 St. Petersburg 31, Florida The City Engineer further stated that Gilbert Clifford & Associ- ates made the following statement in their proposal: "Inasmuch as we are working with your Consulting Engineers on your proposed sanitary sewerage project, we have a~ailable for our use complete topographical information, and certain sub-surface borings. It is quite possible that a credit can be allowed the' city, should we find this data sufficient for our requirements. The amount of such credit can be mutually determined at a later date, should we be selected as your engineers for this project." EDgineer Fleming said that the Committee appointed to look these proposals over recommended that Clifford a Associates be assigned the engineering job. Mr. Avery then moved that the City authorize ,.. Gilbert W. Clifford & Associates to design the bridges over the C-15 canal, the motion being seconded by Mr. Woodard and carried unanim- ously. 10. There was general discussion concerning the fire at the city dump, smoke nuisance caused by same, also methods of solving the problem, and City Manager Holland informed the Council that he would solve this problem in the best way that he could. -11- 12-17-62 De~embe~ 17, 1962 10. Mr. Talbot commented as follows: "~his is not critical of Bob Holland our City Manager but in our minutes o£ December 3rd it states that 'Mr. Talbot reminded City Manager Holland that a report concerning some of the recommendations in Russell &Axon's Water Re- port were to..be considered at the Co~cil meeting of December 1?th'.' I realize that many things have happened since the minutes of December 3rd so I am not at all critical that it is not on the agenda, however, I would like to request that this be incorporated in the second meet- ing in January. I am referring to the report from Russell & Axon, particularly with regard to the first phase as to the recommendation of the ~apital Xmprovements of which Russell & Axon recommend a total sum of $527,000.00. We don't know whether we should go in for $10,000.00 or $527,000.00 but I would like for Bo~, and I think in this.case if I may take the liberty of suggesting, Paul Nicolls to go over the recommendations and come up with what they might concur on in that particular phase. The next phase they recommend of which are both different recOmmendations, in some respect criticize our water schedule in that they have never seen .one like it in any municipality in the country. I am not going into detail as why, because ! would have to read to refresh myself ~o tell you why, but I have had from Tom Weber, and I am assuming that the rest of the Council has the same information, would like for both of those phases be included in. the next agenda for discussion. The second agenda in January, by the consent of the Council." 10. City Clerk Worthing read the following letter from George V. Warren, dated~December 13th. "In order t6 conform with the'Statutes of the State of Florida as affects Board of County Commission membership, I cannot hold a public office on or after January first, therefore, please accept my resignation as City Councilman as of December 31st, 1962. "It has been a w~nderful experience serving with you gentlemen, and the some sixteen Other Councilmen during the past six years. I have appreciate~ the friendliness and cooperation of all." The City Clerk then read RESOLUTION NO. 143'1. W~EREAS, GEORGE V. WARREN has unselfishly given of his time and ability as a City Councilman for the past six years, serving in 1957 and in 1961 as Mayor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH: That GBORGE V. WAR~EN be'and.is herebyc°mmended for his great contribution to the general welfareof'the City of Delray Beach, Florida as City Councilman and Mayor.' 'Unanimously adopted this ITth day of December, 1962. Resolution No. 1431 was.unanimously adopted onmotion by Mr. Avery and seconded by Mr. Talbot~ Mr. Warren's reeignation from the Council was unanimously accept- ed on motion by Mr. Avery&nd seconded by Mr. Wood&rd. 10. Mayor Dietz announced that on February in the COuncil C~ambers, the Legislative Committee will meet for any matters that are to be brought before them. 10. MayorDietz reminded the~uncil that an individu~1 had recently asked to lease., frOm~the CitY, and stated that he thinks that a=ea ~should be held as a p~blic area. ,12- 12-17-62 Deeember 17, 1962 Mr. Warren moved that the 10th Street Boat ~anding area ~ retained as.a.pUblic park for-~ublic use, the motion being seconded by Mr. Talbot and unanimously carried. lO.a. City Clerk Worthing presented a bill from City Attorney Adams -in the amount of $75.00 for services in connection with the purchase of the W. J. Snow property. The following .bills for approval were presented: Genera~ Fund $161,048.03 Water Fund - Operating Fund 3,014.66 The bills for approval, also the bill of Attorney Adams in the amount of $75.00 were unanimously ordered paid on motion by Mr. Woodard and seconded by Mr. Talbot. 10. Mayor Dietz expressed his desire of having a preliminary Council meeting prior to the organizational meeting on January 7th, 1963, which was. agreeable with the other Councilmen if other commitments did not keep them from attending. 10. Ci. ty Clerk Worthing informed the Council that he has communi- cation from owners of Lots i and 2, Delray Beach Shores S/D, who would like a repIy concerning their petition for annexation to the City of Delray Beach. The City Clerk further informed the Council that the plans for the building they proposed on said lands would be permissible in the City since a recent amendment to the Zoning Ordinance had been passed. Ir'was requested that this item be placed on the agenda for the second meeting.in January. The meeting adjourned at 11:00 P.M. on motion by Mr. Warren. ,R, D, WO~THING · City Clerk APPROVED: MAYOR -13- 12-17-62 ' ~xl ,~ ~ RESOLUTION NO, A ~OLUTION OF THE CIT]~ CO~'~CIL OF T~E ~ITY OF DEL~Y BEACH, FLORIDA, ASSESSING CO~T.q FOR ABATING ITUISANCF~ UPON CERTAIN LANDS LOCATED WITHIN S~ID CITY~ SETTING OUT ACTUAL COSTS INCURRED BY S2ID CIT~ TO ACCO~LISH SUCH AI~TE~I~T Ah'D LEVYY. NG ~E COST OF SUCH ABATE~EhT OF ~AID NUISANCI~ 2ND DECLARING SAID .LEVY. TO BE A LiEN UPON ~ID PS01=EHTY IN AN AMOUNT AS SHOWN BY. ~EPOHT O~ TZ~ CITY ~AN~E~ OP DELP~A¥ BEACH, FLORIDA. WHF2LE~-~, .the City 0ounoil of the City of Delray Beach, did) in and/~ Regular' session held on the 27~h o? Au,~ust, a,.na "' · ~ of ~ptember, 1962 .... deola~.e the existence of a ~ui~ sA~c'e Upo~ Cer%~ai'n x~%a or Par~els of land, described in a list sub' mitred to them, for violation of ~h8 provisions of Ordinance WHEREAS, pursuant to such declaration, the 01ty 01e~k of said Oit~ did fu~nis~ each of the respective owners of the lands described in said list wl~h a n0tioe describing ~e nature of the nuisance a~d · that they must aba~e said nuisance within thirty (30) daye~ faitin6 in which the 0ity 0o~tncil would have it done, and the ooe~ the~eO£ would be levied as an asseasmen~ against said p~operty$ and ~S, the o~ne~s her~inafte~ named did fail and negleo~ ~o abate the nuisance existing upon thei~ respective lands within the time prescribed in said notice and Ordinance ~-1~7,. and the City of Delsey Beach was ~equired to and did enter ~pon the following lands and incur costs in abating the nuisance existing thereon as described in'the aforesaid list~ and WHEREAS, the 0ity Manager of the Oity of Delray Beach, has, pur- suan~ to said Ordinance ~-1~7 and the 0ity Charter submitted City 0ouncil a report ~f ~he .costs incurred in abasing ~he nuisance as aforesaid, said ~eport indioa~ing the costs per parcel of land involved,· NOW, ~HERENORE, BE I~ RESOLVED BY ~HE OIlY OOUNO~ OF ~NE 0F DELRA¥ BEAOH, FLORIDA, A8 1. That assessments in the individual amoun~ as shown by the report of the Oity Hanager of the 0ity of Delray Beach, involving the City,s cost of abating the aforesaid nuisances upon the lo~s or par- c.els of 'land described i~ said report, a copy of which ia attached hereto and made a pa~t hereof' are levied against the parcels of land described on Said report and in the araoun~s indicated thereon. Said assessments so levied shall 'be a ·lien upon the reePec~l~ve lots and pa~oels of land described in said report, of ~e 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 unde~ the same p~ovisions as to sale and foreclosure as ol~y ~axea are collectible. 2. That the 01fy 01erk of said 0ity shall, as soon as possible after the effective date, record a certified copy of this resolution in ~he office of the 0Y~rk of the Circuit Oourt in and for Palm Beach ~ounty, Florida, and shall fux~ish ~o each of the owners named in and :~pon said report a notice that the Oily 0ouncil of ~he 0it~ of Delray Beach, did, on the 27th o£ ~ugust ~nd ~10th of September, 1'962. b~dar the abateman~ o~ 'a ~er~'axh' nu£sa~e existing o~' '~he~v~ ~P0pe~y and prOperty owner having failed ~o abate such nuisance, within the 30 day period, whereupon it was abated by the City a~ costs shorn in said report and such assessments shall be legal, valid and '-binding obligations upon the propert2 against which said assessments a~e levied, T~lS pssa!utiom shall become e£~ectlve 30 days from the da~a of .~d0p~io~, ~d.' ~he assessments ~Ontalaed he~ein shall ~eCome d~e and ~ble thl~.t~ days after 'the ~!!ng d~te oF the not~pe said assessment, af~e~ 'whic~ lnte~ee~ ~1 a0o~e a~ the ~t$ ~ao~aa~5~a~o'~..f/i." ':,u :: :'; ',:u' ~u':~ :', Lots 33 t~u 38, Blk. fl, '::'' Win. Mayer, Est{re $' 15.00 Dell P~k Lots 23 · ~, BIk. 8, Ke~eth & Ella Ma2~ 10.00 Del1 Park ~usell ~ts 17, 18 & 19, Blk. 8, Mart~ H. Florer 15.00 Deli Park Lots 18 & 19 & S} of ~t's Deva, Inc. 10.00 26 & 27, McGinley~os~n Lots 1, ~ · ~, Hof~n's A~ie Hof~n 15.50 8th Ave. ~ddition Lot 2, Hofman~s 8th Ave. Dorothy G. Mitchell 5.00 Addition Lot 7 · S~ of Lot 6, Hofman,s Grace ~eir 7.50 8th Ave. Addition Lot 5 ~ N~ of Lot 6, HOfman~s Joseph ~. · A~ T. 7.50 8thAv~. 2ddition Lots 16, 17, 18 '~ 19, Bl~ck ~7 A. Simon Essa ~.00 ~ts 8 ~ 9, Blk. 11, Osceo~ ~iting Alpon 10.00 P~k Lots 10 t~u ~, Blk. 11, ~. R. · M~gare~ E. 10.00 Osceola Park Bourne Lots 10 t~u 13, .Blk. 13, Leo · Gertrude Schagrin 8.00 Osceola Park % Oauseway Pkg. Store ~ts ~ ~ 1~,? Blk~ 13, ~ules · Yvo~e Briche 5.00 Osceola Park ~ts 18 · 19, Blk. 13, ~s.Tillie Goldb~g 5.00 Osceola Park E~ of N ~5' M/L of S 165' ~B F.A. Cu~rie 5.00 ~ Lot 9, Blk. 1, as shown by ot of Model Land Co. S/D of of Sec. 21, PI~ Bk. Pg. 12~, lying E. of.S. E~ %~ Ave. R/W, Sec. 21 46 43 E~ of N 330~ of ~ 495~ of LOt. 9, J~es Ki~ood, Jr. 19.00 Blk. 1, lying E of'$. E. 5th Ave. & S of Alley lying'S'of 10-1~ inc~. of Blk, $3, 0sceOla Park & that part of Lot'~$, Blk. 2, lying less ~, seC~, 2~6 4~ ~'~ t~u 1~, Sa~orn-Stqne $/D Fairfax of Hollywo~ 22.00 Develop. % F. C. Mudd~n Lots 1 ~u. ~ & Lot 8, B~. Mattie E. ~c~Laren 30.00 6, ~o ~1 Lot 7, ~- 6, ~ra E. Shivers 5.00 PAGE 2 q.0S.T OF ABATING ......... NUISANCE :UNDER- _ORDINANCE-. NO. G-l~7. . .. PROPERTY DESCRIPTION 0WNE~ ASSESSMENT DO$~ ! thru 7, Blk. 7, William J. Cobb $ ~.00 Lo~S 8 & 9, Blk. 7, J.I. Deese 10.00 Rl~'. Del Roy Lots., 2, 3, 4, 6, 7, 8, 9, Leonard W. & Isabelle 75.00 10~$i~ 1 & Lots 1, 2, 3, 4, 5, C. Jansen Lots ~,~,11,~,13~, Blk.3, & Lots 1,~,~ Blk. 4, Pa~ State Hel~ts L~ts ~ & 4, Blk. 4 & Lots Hlllcrest Homes, Inc. ~0.00 3,~4~: 5, 6~ 7 & 8, Blk. 3, % Albert Rosen Pa~:~ :ate ~Hei~ts a~ber 10th~l~62. li~_ Lo~?'}~, Blk. fl, Dell Park Ke=eth & Ella ~usell ~.00 Lot 1, Blk. 7, Ssacrest Pa~k Federal Tlt~ & Instance ~.00 Co. Lot 2, Blk. 7, Seacrest Pa~k Jones · Frederick, Inc. 5.00 Lot 3, Blk~ 7, Seacrest Park V.K. Cus~en 5.00 L0~ ~, B1M, ~, No~t~ldgs Fritz F~o~elt 5.00 ~t 17, Blk. 4, No~t~idge Rinker Material Co~. 5.00 Lots 18 & 19, Blk. 4, No~t~idge Mlchtel ~ .Ruzena Jafra 10.00 Lots 3 & ~, Blk. 6, Northridge Jo~ & Jean Leschik 10.00 Lots 21 & 22~ Block 88 Ray ~W. Ya~es 5.00 Lot 2~, Tropic ".Isle ~ ~ Thcs. A. & Florence 5.00 R. Dutton Lot 2.15, Tropic Isle A~a M. Breen 5.00 Lot 216, Tropic Isle Edward B. Breen 5.00 5ots 218 & L~l, Tropic 'Isle Jo~ W. & Viola M. Aumer 9.00 Lots 219 & ~0, Tropic ..Isle Andrew & Hazel A~er 9.00 Lots 220 R 221, TPopic Isle Jerome J. Stedelin 9.00 % Mess~s. Sullivan, Musselman, Wyckoff & Coc~an Lots 222 &.'~5~ Tropic Isle .Edgar & Mary Seibert 9.00 Lot 223, TroPic Isle ~ile H. & Teresa Ta~on 5.00 L%~s 2~ '229 & 230, Tropic Jerome J. Stedelin 13.00 Isle % Messrs. Sullivan, ~sselman, Wyckoff & toe,an Lot 220, Tropic Is~o E. Pi'a Eth~i Jonson ~.'00 Lots 231, 232, 233, 234 & 235, Jerome J. '~tedelin ~.00 Tropic Isle '; % Mee~s. ~ullivan, ..... Musselman, Wyckoff & Coc~ ~ots 23g,~ 237,'238 & ~3% ~ ~ Dane Oonstruction Co~. ~.~0 Tropic Isle' % Milton Wasman PAGE 3 COST OF ABAT.ING .N.UIS.A..NCE..U~D. E.R ORDIN^NC~ NO_,. G-l~7 ,PROPERTY 'DESCRIPTION OWNE~ ASSESSMENT Lot 242~ Tropic Isle Charles H. R Hazel $ 5.00 N. Eldridge Lot 21~J.~, Tropic Isle Marinus C. & Clara 5.00 Roskam Lots 246, 247 & 248, Tropic Jere W. Powell 9.00 Isle Lots 249, 250, 251, 252 & 253 'North ~ropic Isle, Inc. 20.00 less tri strip & 255, Tropic Isle Lots 1A,ZA,SA,4A, 1 thru 16 & South Coast Developement 15.00 Tract "P", Tropic Palms Co. Lot 42, Tropic Palms Dorothy A. Killilea 5.00 Lot 43, Tropic Palms Edward Killilea 5.00 Lots 45 & 69, Tropic Palms Crete Concrete Corp. 7..00 Let .46, Tropic Palms Earle C. & Grace M. 5.00 Russell Lot 48, T~opic Palms Geo. B~ Chase 5,00 Lots 70, 78 & 92, Tropic Palms North Tropic Isle,Inc. 9.00 Lots 59, 60 & 61, Tropic Palms Horace 0. Jeffers 9.00 Lots 63'& 64, Tropic Palms George E. & Martha Marsh 7.00 Lots 66. 67'& 68, Tropic Palms Jere W. Powell 9.00 Lots 71 thru 74, 96, 97, & 98, Mellon Land 0orp. 15.00 Tropic Palms Lot 75, Tropic Palms Jane K. Rosenbach 5.00 Lot 76, Tropic' Palms Lars & Margith Husebo 5.00 Lots 79, 80, 81, 83, 84 & 85, Wm. J. Kayo 10.00 Tropic Palms Lots 86, 87, 88, 89 · 90, Leslie Beamish 14.00 Tropic Palms Lot 91, Tropic Palms John E.Ashley 5.00 Lot 93, TroPic Palm~ Ge~. R, Brockwa2 5.00 ~t.'9~, Tropic Palms E$~a~ B. & Anna Breen 5.00 Lot 95, Tropic Palms James F, & 'Mary' Duff¥ 5.00 Lot 1, Blk. 1, Swinton Heights Rmbert R. & Martha A. 5.00 Jamison Let 2, Blk,..1, Swinton~Heights John F. Jr. & Mary B. 5,00 Weigand N 111.13~ of S 146.13' of Marion W. Rede 5~00 E ~!;!.5~ of W 298~ of Lot 9, Sec. 21-46-43 T~e~S 9 & 10, Blk, 4, Del Xda Park Myrtle M. Rath, et al 7.00 .3, 4, 5'& S 53.47~ of Walter J. &~ennie B. 18~00 ,larke~Runge Add, .~ ~ larke & Charles F. ~laide I. Runge CITY O~ DELRAY BF~CH,~ PLORIDA, AM~F.,X.T~G TO THE CITY O~ DELP~Y BEACH .CERTAIN LANDS LOCATED IN SECTION 4~ TOWNSHI.P 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS 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 PROVIDING FOR THE ZONING THEREOF. ' WHE~F~S, DELRAY BEACH PRESBYTERIAN CHURCH, INC., is the fee simple owner of the property hereinafter described, and WHEREAS, the said DEL~AY BEACH PRESBYTEP, IAN CHUrcH, INC. by it's Petition, has ~onsented and given permission for the annexation of said pro.perry by the City of Delray Beach, 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 OP~AINED BY THE CITY COUNCIL OF THE CITY OF DELRAY'BEACH, FLORIDA, AS FOLLOWS: .S~CTIQN lo Tha~ the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby arc, exes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City~ to-wit= That tract of land in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, described as~ follows: The North one half of the South one half of the Northeast one quarter' of the Northwest one quarter of the Southwest one quarter of Section 4, Township 46 South, Range 43 East, less Road right-of-way. SECTION 2. That the boundaries of the City of Delray Beach, Florida,. are hereby redefined so as to include therein the above- described tract of lan~, and said land is hereby de- clared to. be w~thin the corporate limits of the City of Delray Beach, Flori'~.a. SECTION ~. That the tract of land hereinabove described is hereby ~eclared to be in Zoning District 'a-iAA, as defined by existing ordinances of the City of Delray Beach, Florida~ and per- missive use is hereby granted for improvement of said property for church and educational purposes. Page 2. Ordinance No. ~-475. SECTION 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, except as otherwise provided in Chapter 192.06 of the Florida Statutes, 1961, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of competent Jurisdiction, such record of illegality shall in no way affect the remaining portion. Passed in regular session on the second and final read- ing on the 1?th day of Deoembs~, 1962. /s/ Walter Diet*-z ' ' ~'i~ v o R ..... ATTEST = /s/a. D~ wo~thim~ city c¥~=~ " ' let Reading November 26~ 1962 ,, 2nd Reading Deoember 17, 1962 ORDINANCE NO~ G-476. AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF DELP, AY BEACH, FLORIDA, ANNEXIN~ TO THE CITY CERTAIN LANDS LOCATED IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH lANDS ARE CON- TIGUOUS TO EXISTI/qG MUNICIPAL LIMITS OP SAID CITY; RF, DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID lANDS; AND PROVIDING FOR T~E ZONING THEREOF. WHEREAS, it is deemed for the best interest, safety, health, and general welfars 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 annexed, will constitute a reasonably compact addition to the incorporated territory with which it is combined, and WHEREAS, the owners of record of said lands hereinafter described have consented and given permission for the annexation of said lands, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section I85.1 of the City Charter of said City g~anted to it by the State of Florida: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SF~T~..ON. 1. %~nat the City CoUncil of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described parcels of land located in Palm Beach County, Florida, which lie contiguous to said City, ~o-wit: Those parcels of land Iying and being in the Model Land Company's Subdivision of Section 9, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: (1) Lots 1, 2, 3, 4 and 5, less the West 10 feet, Block A, Snow Hill Sub~ivision, all lying in Section 9, Township 46 South, Range 43 East, per Plat Book 21, Page 83, Public Records of Palm Beach County. (2) Begin at a point where the E'ly R/W line of U.S. Highway No. I (State Road No. 5) inter- sects the North line Of Lot 4, Subdivision of Section 9, Township 46 South, Range 43 East, as in Plat Book No, 1, Page 4; thence N. E'ly along said E'ly R/W line of U.S. Hwy. No. 1 (State Road No. 5) to a point where said E'ly R/W line of U.S. Hwy. No. I .(State Road No. 5). intersects the East and West QUarter line of Section 4, Township 46 South, Range 43 East; thence West along said East and West Quarter line of said Section 4-46-43 to a point of intersection with the w'ly R/W line of U.S.' Hwy. No. i (State Road No. 5); thence S.W'ly along said W'ty R/W line of U.S. Hwy. No. 1 (Star'S Road No. 5) to.a point where said w'ly R/W line of U.S. Hwy, No. I (State Road No. 5.) intersects the. North line of Lot 4, Subdivision. of Section 9, Township 46 SoUth, Range 43 EaSt as in Plat Book No~ 1, Page 4; thence East along said North line of Lot 4, Subdivision of said Section 9-46-43, as in Plat Book No. 1, Page 4, to Point-of-beginning. SECTION 2. That the boundaries of the City of DeXray Beach, Florida, are hereby redefined so as to include therein the above described parcels of land, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Pla. SECTION 3. In consideration of Petitioner's consent for annexation of lands hereinabove described, subject to the following condition it is hereby agreed that: Such annexation as herein provided is subject to the availability of City Water being pro- vided by the City of Delray Beach to the lands hereina~ve described within ninety (90) days fro~ date of annexation. SECTION 4,. That the parcels of land hereinabove first described (Item 1} are hereby declared to be in Zoning District "C-2", as defined by ~ting 'ordinances of the City of Delray Beach, Florida. SEC,T~,ON, 5. That the lands hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon 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 court of competent jurisdiction, such record of i~legality shall in no way affect the remaining portion. Passed in regular session on the second and final reading on this the 17th day of December, 1962~ /s/ Walter Dletz MAYOR ATTEST: /./~. ~ W~rth~ City Clerk November 26, 1962 1st Reading 2nd Reading. Deoembe~ 17; 1962 Page 2. Ordinance No. ~-476. .... ORDINANCE NO. O-~77. AN ORDINANCE RELATING TO ALCHOLIC BEVERAGES: AMENDING SECTION 0F THE CODE OF ORDINANCES 0Y THE ~1~ CITY OF DELRAY BEACH, FLORIDA, PRO- i VIDING FOR EXTENSION OF ZONED DIS- TRICTS PERMITTING SALE OF LIQUORS. BE IT ORDAINED BY'THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION l: That Section 4-5 of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding the following pro- vision to-wit: "And also, except that portion of the city which is bounded'on the north by th.e north line of LOTS 3, & 6, SEABREEZE PARK (Blocki56) and easterly extension thereof to a point four hundred fifty feet westerly from the west line of Ocean Boulevard, on the east by a line parallel to and four hundred fif.ty feet westerly from the west line of Ocean Boulevard, on the south by the north boundary of Atlantic Avenue, and on the west h~ ~e ,~est boundary line of Lot 6 of said SEABREEZE PARK (B166~k I56)." S~E~TION 2.: That this ordinance is and shall be deemed supplemental to existing ordinances. Passed in reEular session on second and final reading on this the Z~h day ef ~e~embe~' 1962. ~ . /s/ Walter Dietz MAYOR ATTEST: /s/ R.D. Worthing " "Ol~ b'z~r~ ' 1st Reading November 26, 1962,,,' Reading_.D'ct ' , 17, ,,,