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11-06-61SpMtg NOVEMBER 6, 1961. A special meeting of the City Council of Del~ay Beach was held in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in the Chair, City Manager Louis J. Smitzes, City Attorney ~ohn Ross Adams and Councilmen A1 C. Avery, Dugal G. Campbell, Glenn B. Sundy and ~ohn A. Thayer being present. 1. An opening prayer was delivered by the Reverend H. Stewart Austin. 2. On motion by Mr. Sundy and seconded by i~. Thayer, the minutes of October 23rd and 30th Council meetings were unanimously approved. gA. Mayor Warren annouD~ed that a public hearing had been advertis- ed for this time on schedule of rates for sanitary sewer services and pertaining to the sewer program itself. Mr. John Remus asked that the City Engineer give his opinion on the sewer project as a whole and what he prefers. Mr. Fleming commented as follows: "The gentleman did not ask any specific questions with regard to the sewer program, only my opinion in general. As has been stated in Co,mncil meetings, prior.to this time, by Mr. ~Campoeil and by others, it is known that I did not and have not favored the construction of the smaller sewage plant as the most economical and practical solution to Delray's problems. P~imarily viewing it from an engineering basis, I believe that the larger plant and particularly the ocean outfall would be a much more practical solution for Delray Beach. The consideration of any po- litical factors or financial factors is largely in the province of the Council and not for me to decide on. The Council has been ad- vised of my opinion and I trust has duly considered it in making their decision contrary to my recommendation as an Engineer. It is my feeling that the smaller system, the activated sludge type plant which is proposed ~ now, is one of the most ex~.ensive methods of treat- ment. A small unit being built to accommodate the presently sewered district of the downtown area would have done Just that. It has been expanded because the State Health Department has required a slightly larger unit. It is my feeling, at the same time that this unit is being built the Engineers have recommended the construction of a forced type main, a pressure main outfail, from the new plant wh~c h is to be located out near the city barns and to return the effluent to the Intracoastal Waterway. The const~,uction of this effluent line is more expensive than would be required because it has been stated that it is desired to leave the future expansion of the plant open and that this line could then be used as an ou~fall line for an eventual ocean outfall disposal method. The Consulting Engineers, in one of their recommendations, recommended that this be done, that this expensive type activated sludge plant be installed because it would accommodate itself more readily to adaptation either for an expanded plant or for an ocean outfall system~ I do not feel that there is any possibility if this smaller plant is put into operation, that there is a very remote possibility, that the ocean outfall will ever be constructed. The argument in favor of expanding to the ocean outfall is that industries and subdivisions will create a need for a larger expanded system. It has been my experience that that will not be the case, that if the larger system is ever needed it is needed now. The industries making applications for sewage and water upon finding out that we do not have sewage available either go elsewhere or make their own sewage disposal facilities, once having done that of co,~rse rather than mal, ing a demand for an expanded system they immediately become opponents of the system because they have expended their money and they do not want to have to re-expend that same money. The subdivisions of which I guess there has been several dozen come in since I have been here, had they been offered the opportunity, had the City had a sewer line to put up to their boundaries, they would have been obliged to construct their own sewer lines at no expense to the city. This is the case now, however, all of these have gotten approval of septic tanks o~ other methods of disposal and now of course they would more or leas be opposed to an expanding system, 11-6-61 November 6, ].961 therefore I cannot see at any point in the futtwe when there would be a demand for expandin~ the system. I think that action will have to be taken by the Council on it's own decision or on a petition of a few individuals. For that reason I th/kak it is not probable that the system will ever be expanded beyond the present designed stage. That primarily is my objection." Mr. Sundy asked thst City Engineer Fleming explain to the audi- ence the cost of the ocean outfall and the cost of overall sewerage. Mr. Fleming: "The cost of the ocean outfall as estimated, by Russell & Axon was approximately $800,000. plus an additional $200,000, odd for construction of a master lift station. In o~der to finance it so that there would not be an excessive burden on the individual users, it was recommended that additional system be constructed, collection mains and latterals to provide a large enough number of additional users, to expand the system out to a larger portion of the city so that it could be properly financed without laying too heavy a weig~..t on any individual, and that was the reason for expanding it to the $3,000,000. figure. That did not cover the entire city." ~. Campbell asked: "What is the overall cost of the overall deal as suggested--the 20 sections that were spoken of. If you don,t have it handy I would be glad to give it to you. It was $6,000,000. plus an interest rate of well over $2,400,000. for the next thirty years at $71,000. a year for interest alone. $?1,000. for interest alone for the next thirty years I can't see against a system that we are proposing." Mayor Warren: "Mr. Fleming, I have a. question. You are indi- cating that it is very simple to finance a $3,000,000. outfall at this time. Who bears the burden on the latteral lines in the hook- ups eliminating present septic tanks and including vacant property?" Mr. Fleming: "The cost of the latteral lines would be assessed against the property owne~ whether there is a building on the property or not. The only alternative which I could see which might eventually require the city to go to overall sewerage, the only motivation strong enough to prompt a council to necessarily take this action after we once comply with the county laws, would be a general notification from the State Board of Health that all septic tanks were to be elimi.- hated and all cities would have sewage disposal~systems. That possi- bility has been indicated and if it does take place the cost to the individuals for the la,totals in front of their house would merely replace the cost of the septic tanks which they must build to expand the interim period." Mayor Warren said it was the economic factor that was taken in- to consideration in the now proposed plant, and not compel people who are not on the present system to pay $4.00 per front foot for the latteral lines plus an additional charge to connect to their septic tanks when they feel that their septic tanks are in good condition. In general discussion which followed, Mm. Adam Killerman ques- tioned the possibility of the undesirable odors emanating from the disposal plant. Mr. Walter Dietz protested the cost and type of the proposed system. Mr. Frank Constans inquired as to who would pay the cost of replacement. Further objectors to the presently determined ,System, were Mr. William George who felt that further action, at this time, should be deferred until the proposed project had been placed before the voters, by referendum, in order that the people affected be given the oppor- tunity to determine, by vote, whether the present plan or some alter- nate plan be provided. Mr. Clifford Baker objected to the present intent and condition of the plans which provide for the discharge line being layed on the south side of S. E. 4th Street and discharg- ing into the Intracoastal Waterway at the rear of his home. Attorney Nell E. MacMillan requested the Council to defer any further action of the proposed 'System, until the registered voters of the City had been given an opportunity to express their desire and choice of systems by referendum to be provided on the General Election of December 5th. Mr. Roy Simon asked the Councilmen to answer individually on the following question: "Do you feel that an overall system elimi- nating septic tanks is needed in Delray Beach at the present time?" Mr. Averyl "Yes." Mr. Thayer: "I think we need it but I don,t think we can afford it." Mayor Warren: "I don't think we need it, with the present saturation, outside of the central area of town." -2- 11-6-61 No,,~m?;~r' A, 106'I_ Mr. Campbell: "I will say that it would be nice to have but we are not at that point, and if it is not a financial possibility or if it doesn't seem to be the time to do it. I don't think there is a person in town that doesntt feel that we would like to have an overall sewer system at some time. Now when is that time? It is when we can afford it for one time, that certainly is one place we can have it and we cantt have it until we can afford it." Mr. Sundy: "I think that if you or anyone else in this audi- ence could sell Delray on a $6,000,000. bond issue that you would be a super salesman. I would hate for you to come to my house and tell me that. my septic tank is no longer of any value and I would have to pay $1%0.00 to connect on to the city sewer. I don't think you could find ?%% of the people who have septic tanks that are work- ing good now that would want to pay to hook onto the city sewer." Mm. O. D. Priest, Jr., felt that the determined location of the proposed plant was not in keeping with respect to residential areas, and further, that the cost of maintenance should come under the gen- eral revenue fund. Mm. Pete Christophersen objected to th® proposed site of the plant, fearing that such location, together with objectionable odors therefrom, would lower the value of residential property in the area. Mr. Benjamin Hoxsie also objected to the proposed location of the plant, and Mm. Hugh Vogl inquired if more than one engineering firm had been consulted when obtaining plans and estimates of cost. It was mentioned that this proposed plant would be adaptable as a lift station at a later date for whatever the plant expansion would be and that many additional lift stations would be needed all over town as the system expands. The question was asked as to whether or not there would be a capital loss involved in building the present plant with the thought in mind of expansion either to the outfall or to a continuation of the sludge treatment. Mr. Russell of Russell & Axon commented: "The treatment facili- ty as designed to remove the pollution from the Intracoastal Water~ay is designed so that there will be, in essence, no loss regardless of the conversion to a step by step treatment plant program by the city or an overall comprehensive ocean outfall program for the City of De]may. The facility is designed so that it can be converted rather than to a primary treatment but to a so-called pre-treatment facillty. The activated sludge plant, as designed, is for the capacity, as as I know, to provide complete treatment, the lowest first cost treaty ~,~ent facility available. It can be converted as follows. It has a primary settling basis which will provide grit removal should you change to ocean outfall. An erasion unit which would provide pre- erasion for grease removal; a secondary unit which will provide a necessary stilling chamber to remove the grease; a digester to store the grease and digest it; sludge beds for grit grind and the outfall w-hich at this time will be a gravity outfall from the plant will be converted to the first segment of a pressure main to the Gulfstream so that the only loss, and it is very minor, will be in the piping in the plant, the hydraulics, to take care of the additional flow. That is the only loss and it is very minor in cost. The facility will pro- vide as complete a treatment as is available at this time to remove the pollution from the Intracoastal Waterway which is the premise that has been stated by the Board of Health that this pollution must be removed from the Intracoastal Waterway at this time." Mr. Campbell asked of Mr. Russell: "~rnat do you show as the overall cost of the 20 odd sections that have been discussed today and previously." Mr. Russell: "Including either a master lift station with pre- treatment or as we go now, it is slightly in excess of $6,000,000. for the entire city. The amount that is now delineated, $4%0,000. is for the conversion of the present so-called treatment facility which in the opinion of the consulting engineer is no treatment, to a lift station with grit removal and chlorination; a forced main from this lift station to the treatment plant; an activated sludge treatment plant and a gravity outfall. The plant is to be located on city property near S. W. 4th Street and 4th Avenue with a gravity outfall from that point to the Intracoastal Waterway. The influent to the plant, upstream from the plant, will be chlorinated for odor control." Mm. Avery questioned: "What is the estimated cost of an ade- quate master lift station if such would serve the outfall in the vi- cinity of the City Pa~k?" '3- 11-6-61 November 6, lq6] Mr. Russell: "The lift station alone is somewhat in excess of $200,000. That gives pre-treatment as we have it in Lake Worth." Mr. Avery stated that he is with a company that has had ex- perience with a lot of fine engineering fi~ms in the State of Floc. ida and that he has the utmost confidence in the abilities of the firm of Russell & Axon as Engineers and that he feels that they a~e the most experienced in this field in the State. Regarding effluent line from the sewage plant into the Intra- coastal Waterway it was stated that it would be emptied into the 0 urr ent, It was also brought out that if an ocean outfall is built at this time it would have to be built large enough to take care of the last connection that eventually would be built in the city and that if such was done at this time the total city credit, sewer, water and utility tax, would have to be pledged for a period of thirty one years but that the plant that is being discussed now becomes part of an over- all system whether it is determzined later to be ocean outfall or con- tinued as a plant and the decision can be made when conditions are more favorable than they are at the present time. Mr. Nathan Sharp commented on the different city bond issues and questioned whether there would be sufficient city income for the more expensive set-up. It was made known that the plant must be operated properly in order to function properly and that the Consulting Engineers accept the responsibility of training the personnel to make sure that they know how to operate it properly. Mr. Campbell commented as follows: "It is an ac epted fact that in building the proposed $450,000 sewer system, future expansion has been provided for to the extent of over 1000 connections, this being about 100% of the present anticipated use at the time the system is accepted by the city. Because of this, I propose that a sum of $10,000 per year be paid by the city from water revenue, this to be applied against the bond interest charges, this .program to be viewed yearly by the Council and deductions of $2,000. per year to be made as each new 200 connections are made to the system. This is followed until the point is reached where the capacity of the 2000 connections have been made and the plant becomes self sufficient. The above is offered in the firm belief that those who are benefitted by the utility should pay on an assessment basis but further only to the point that they are benefitted, and should not be taxed to cover allowance for expansion. This should De covered by a~ citywide policy and should therefore be paid for on another basis., and I offer that as a motion at this time." The motion was seconded by Mrs. Thayer. Mr. Frank Oonstans stated th~t.by doing it in this manner the rates could be reduced considerably~and thought that the rates of apartment house owners should be taken into consideration. Upon call of roll, Mr. Campbell, Mm. Sundy, Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Avery being opposed. Mr~ Avery then moved that the whole matter be tabled and the people be allowed to vote on it at the December 5th Election. The motion died for the lack of a second. Concerning publication of Resolution No. 1355 and the public hearing thereon, City Clerk Worthing read the f¢llowing excerpt from said resolution, regarding the rates: "RESIDENTIAL UNITS: A monthly sanitary sewage service charge is hereby imposed upon each residential dwelling unit, as more specifically set forth below, to which sanitary sewage service is available through the facilities afforded by ~the municipally owned sewage system, according to the following schedule ~ Single family residential dwellings, for the first 4 fixtures or less contained therein, . $2.7.%, for the next 8 fixtures contained there in, $.25 per fixture and for all fixtures con . rained therein over 12, $.15 per fixture. "COMMERCIAL AND NON-RESIDENTIAL UNITS: A monthly sanitary sewage service charge is hereby imposed upon each commercial and non-residential unit (all buildings or structures serving .more than a single family is to be considered a commercial -4' 11-6-61 "unit) to which sanitary sewage service is available through the facilities afforded by the municipally owned sewage system, according to °~he following schedule: For the first 2 fixtures contained therein $2.75, for the next 8 fixtures contained therein, $.50 per fixture and for all fix- tures contained therein over 10, $.25 per fixture. "For the purpose of the foregoing schedule each plumbing fixture or drain that is connected to a sewer, including, but not limited to, a toilet, wash basin or lavatory, bath, floor drain, laundry tub, kitchen sink, slop basin or wash sink, washing machine, equipment or device if so constructed as to discharge its water content into any of the foregoing or directly into a sewer, shall be regarded as a Ifixturef." Mr. Frank Constans said that he thought the apartment houses were being treated unfairly and that they should be placed under the residential rates. Following lengthy discussion, Mr. 0stern of Russell and Axon said that the Council can, if they wish, reduce the base rate by $.25, making it $2.50 instead of $2.75 and also strike the sentence on the rate schedule which says that apartments, hotels and motels are considered commercial or non-residential users, and put them under the residential rate and lower the base rate for everybody to 02.50, this change being made possible by the assignment of $10,000. per year from the water revenue. City Clerk Worthing then read amended RESOLUTION NO. 1359. A RESOLUTION CONFIRMING THE INITIAL SCHEDULE OF RATES AND CHARGES FOR SANITARY SEWER SERVICES TO BE RENDERED BY THE SANITARY SEWAGE COLLECTION AND DISPOSAL SYSTEM OF THE CITY OF DELRAY BEACH. (copy of Resolution No. 1359 is attached to and official copy of these minutes) See Page 346A, m~B,a ~_~and°f t~6D It was moved by M~. Campbell and seconded by Mr. Sundy to adopt Resolution No. 1359, as amended. Upon call of roll, Mr. Campbell, rM. Sundy, Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Avery being opposed. City Clerk Worthing read RESOLUTION NO. 1358. (copied as amended) A RE~0LUTION OF THE CITY COUNCIL OF DELRAY BEACH, FLORIDA ADJUSTING THE FEE TO BE PAID TO McCREEDY AND COMPANY AND B. J. VanINGEN AND COMPANY FOR THE SERVICES AS FISCAL AGENT IN CONNECTION WITH THE PROPOSED SANITARY SEWER PROJECT. WHEREAS, the City Council of the City of De]may Beach, Flo~ida~ accepted a proposal from McCreedy and Company and B. J. VanIngen and Company on April 13, 1959, offering their services as Fiscal Agent in connection with a sanitary sewer project estimated to cost $2,200,000. 00, and WHEREAS, it was provided that the agreed fee of one (1%) per cent would be adjusted if there was any substantial change in the amount of financing, and WHEREAS, there has been a substantial change in the amount of financing, the total estimated cost of the project now being $450,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida: 1. The fee to be paid to McOreedy and Company and B. J. Van- Ingen and Company for services as Fiscal Agent in connection with the proposed sanitary sewer project is hereby adjusted to one and one- half (1~%) per cent of the value of the amount of bonds actually is- sued and sold, payable at the time of delivery to the actual purchaser. -5- . 11-6 -61 Nevember 6, !961 2. From this fee, as previously agreed, McCreedy and Company and B. J. VanIngen and Company will pay all necessary expenses, in- cluding cost of validation, bond printing, advertising, preparation of the official statement and the fee of the approving attorneys, but not the fee of the City Attorney. 3. The purpose of this Resolution is merely to adjust the fee of said Fiscal Agent, and is not to otherwise alter or change the agreement heretofore existing between said McCreedy and Company and B. J. VanIngen and Company and the City. PASSED AND ADOPTED in special session this 6th day of November, 1961. Mr. McCreedy asked that Resolution No. 1358 read as the present agreement does, namely McOreedy and Company and B. J. VanIngen and Company. It was moved by Mr. Campbell, seconded by Nm. Thayer and unani- mously carried to adopt Resolution No. 1358 with the changes as re- quested. City Clerk Worthing read RESOLUTION NO. 1360. A RF~5OLUTION AUTHORIZING THE ISSUANCE OF $500,000 WATER AND SEWER REVENUE BONDS OF THE cITY OF DELRAY BEACH FOR THE PURPOSE OF MAKING IMPROVEME~S AND EXTENSIONS TO THE SANITARY SEWER SYSTEM OF SAID CITY, PROVIDING FOR THE SALE OF SAID BONDS, PRO- VIDING FOR THE SECURITY AND PAYMENT THEREOF AND MAKING CERTAIN PROVISIONS IN THAT CONNEOTION. (copy of Resolution No. 1360 is attached to and made a part of the official copy of these minutes.) See Pages 346E thru 346ff Mr. Campbell asked about an existing agreement concerning a sewage disposal plant for Tropic Palms. Following discussion it was suggested that the following change be made in Resolution No. 1360'. Under Section 12, sub-paragraph B as appearing therein shall be changed to sub.-p, aragraph C, and in it'~ place sub-paragraph B shall read as follows. It is recognized that the City now has an agreement with the Mellon Land Company covering the installation and operation of a Sanitary Sewer System in Sections 2 and 3 of Tropic Palms Subdivision." Mm. Campb..ell moved to adopt Resolution No. 1360 as corrected, the motion being seconded by Mr. Sundy. Upon call of roll, Mr. Campbell, Mr. Sundy, Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Avery being opposed. X. Mayor Warren presented a request from the Woman.s Auxiliary of the Bethesda Memorial Hospital for a $100.00 contribution to re-run the page ad in the Souvenir Program of the Annual Horse Show. It was moved by Mr. Thayer, seconded by Mm. Sundy and unanimously carried to grant this $100.00 appropriation. 4. Mayor Warren read the following minutes of November 2nd Beautification Committee Meeting: 1. "Mr. Livingston, Chairman of the Chamber of Commerce Christmas Lighting Committee, outlined plans that the ..7 Committee had for installing permanent trees in the entrance islands which could be decorated each year and used as Christmas trees. These trees and lights are to be paid for by the civic clubs. Mr. Galinat made a motion, seconded by Mrs. Little, that the city be asked to approve this plan. Motion carried unanimously. 2. "A motion was made by Mr. Ellingsworth, seconded by Mr. Galinat, that the city be asked to grant permissive use for the erection of the unified civic club sign to be located at the intersection of N. E. Seventh St. and the F.E.C. Railroad right-of-way, permission having been re- ceived from the State Road Department to place this sign on their property. Motion .p~.ssed unanimously." 11-6-61 Rega~ding Item 1, it was moved by ~. Avery, seconded by Mm. Sundy and unanimously ca, tied to approve this palu for trees and Christmas lights. Regarding Item 2, it was moved by M~. Avery, seconded by Sundy and unanimously carried to grant permissive use for the erec- tion of the civic club sign at the intersection of N. E. ?th Street and the F.E.C .RR R/W. Mayor· Warren read the following minutes of October 26th Beauti- fication Committee Meeting: 1. "After a report by the Secretary which indicated that local merchants desired to purchase and place potted palms along Atlantic Avenue and N. E..Second Avenue, a motion was made by Mm. Galinat, seconded by M~. EnoWles~ that the city be asked to grant permissive use for this project to be put into effect. Motion passed unanimously. 2. "A motion was made by M~. Sante, seconded by M~. Galinat, that the city be asked to activate the landscaping of the Tenth Street boat landing area. Motion passed unanimously. 3. "A discussion was held concerning progress being made on landscaping the south entrance island. M~. Knowles made motion, seconded by Mm. Galinat, that the city be asked to release funds for the installation of the sprinkler system on this project. Motion passed unanimously." Regsmding Item 1, Mm. Avery moved that this permissive use be granted. The motion was seconded by M~. Sundy and ca, tied unanimously. Rega~dlng Item 2, City Manager Smitzes stated that this project had been started. 5. Mayor Wsmren read the following letter from Mm. F. W. Harrold, Vice President of the Coca Cola Ex~ort Corporation of New York, dated October 2?th: "I am sure that most of the letters you receive about your Police Force are unfavorable. This particular letter is to the contrary. "I wish to congratulate you on three very courteous members of your Police Department. On Sunday evening, October 15, my wife and I were staying at the Boca Raton Hotel and Club with a group of 60 officials of the Coca-Cola Export Corpor- ation. One of our members broke his ankle and was taken to the hospital which is about two miles above Del~ay. My wife and I wanted to see our friend before visiting hours closed and so we carelessly left the hotel in a rental car which belonged to one of our close friends but without a driverts lie ense. "Returning back through Delray at about 9 o~clock we unintent- ionally ran through a 30 mile an ~hour zone at some 50 or 60 miles an hour, and one of your younger officers quite rightly brought us to the station. "We were entirely in the wrong but I was impressed very much with the courteous manner in which the younger officer and the two older officers at the Police Station treated my wife and myself. They quite rightly had us pay a small fine for speeding and consented to allow us to prove our driver's license by means of a hotel cl~rk at the Boca Raton Hotel and Club. "We were courteously treated; we were in the wrong and I want to congratulate you upon these three members of your police department." Mr. Avery moved that the City Manager be instructed, through his channels, to see that these men are commended and that'~ they be thanked for being good salesmen for the City. The motion was seconded by Mr. Sundy and carried unanimously. Mayor Warren asked that the City Manager answer the letter. -7- 11-6-61 November ~, ]06]. 6.i. City Manager Smitzes read the following letter from the Chamber of Com~aerce dated November 3, 1961: "The Board of Directors of the Delray Beach Chamber of Commerce, at its meeting today, voted unanimously to request the Council to continue with the lone hour con~,rolled free parking, program, using courtesy tickets, during this winter season and to allow free parking in the cityls lots." Mr. Avery moved that the request be granted with instructions to the City Manager that he examine the feasibility of raising the penalty rates, the motion being seconded by Mr. Campbell. City Manager Smitzes reported that there is a supply of 13,000 traffic ticket envelopes already printed showing a fine of .50~ on them. Hr. Campbell then withdrew his second to the motion and asked that the feasibility study be made between now and next week. ~. Avery then moved that the request of the Chamber of Commerce be grant- ed with instructions to the City Manager to bring a feasibility report on raising the penalty rates. The motion was seconded by Mr. Campbell and carried unanLmously. 6.f. Mr. Campbell moved that the request of the Milton-Myers Post 65 of the American Legion for a Beer License, consumption on the premises at 263 N. E. 5th Avenue, be granted, but that the license fee should not be waived. The motion was seconded by Mr. Sundy and carried unanimous ly. 6.g. Hr. Campbell moved to grant the request of Ella Bell Holloman for permit to sell beer, consumption on the premises, at 101 S. W. 5th Avenue, the motion being seconded by Mr. Sundy and unanimously c art i.~d. 9.a. City Manager Smitzes presented the following Planning Board Report dated October 29th: "At its regular meeting on October 2?th the Planning and Zoning Board held a hearing on a request made by Helen E. Dorstewitz to rezone Lots 30 and 31, Ocean Breeze Estates from R-1AA to R-3. "There were 21 persons notified. Three persons appeared including Helen Dorstewitz. Two of these objected to the rezoning. In addition two letters were received which likewise objected. "It was moved and seconded that the request be granted and a name vote taken. The vote was as follows: Mm. Jacobson- Yes, Mr. Lankton-No, Hr. Hanna-Yes, Col. Fabens-¥es, Mr. S inks -Ye s. "The Board recommends that the request be granted." Mr. Campbell moved that the recommendation of the Planning Board be accepted and the zoning on Lots 30 and 31, Ocean Breeze Estates be changed from R-1AA to R-3, the motion being seconded by Mm. Avery and unanimously carried. 9.b. The following Planning Board Report dated October 29th was submitted: "At its regular meeting on October 2?th the Planning and Zoning Board held a hea~ing on a request submitted by Clinton Scott for the Lake Ida Development Co. to rezone approximately three acres of land lying adjacent to Lake Ida Road and south of it to C-2. "The Lake Ida Development Co. was represented by Mr. Vogl and Mr. A 1 Hagen. "FolloWing. the hearing and discussion it was moved and seconded and voted 4 to 1 that the matter be tabled for two weeks for study." -8- 11-6-61 o61 Mr. Campbell moved that the matter be tabled for two weeks to 0enform 'with the request of the Planning Board. ~e motion was seconded by Mr. Thayer and unanimously carried. 6.a. Mr. Campbell moved that the qualifications of the candidates having filed for office of Mayor as well as those having filed for office of Councilman be accepted and their names be printed on the election ballot, and further, that there be provided on the ballot a proposed salary of $100.00 per month for each member of the Council except that the duly elected Mayor shall receive a salary of $150.00 per month. The candidates filing for office ama as follows: For Mayor Mr. Walter Deitz Mr. Robert J. Holland For Councilman Mr. J. LeRoy Croft Mr. O. D. Priest, Jr. Mr. George Talbot, Jr. Mr. O. W. Woodamd, Jr. The motion was seconded by ~. Thayer and carried unanimously. 6.b. Concerning the flow of traffic on Ocean Terrace which ~ies be- tween South Ocean Boulevard and Gleason Street, Mr. Campbell moved to establish ONE-WAY TRAFFIC on said Ocean Terrace, westward from Ocean Boulevard as requested. The motion was seconded by Mr. Thayer and carried unanimously. 6.c. The following lett.e~ from Matt Gracey, Chairman of the Insurance Agent~t Committee, dated' November 1st was presented. "At the request of your Mr. Robert Worthing, the local agents have nominated the Beer~ & Brown Agency to complete the unexpired five year term of the Amlin Agency as the Insttrance Agency of Record for the City of Delray Beach. "We all feel that the Beery & Brown Agency is eminently qualified to provide your insurance and 1mow that they will give it their most careful attention." Mr. Avery then moved to appoint the Beery & Brown Agency to complete the unexpired five year term of the Amlin Insurance Agency as the Insurance Agency of Record for the City of Delray Beach, the motion being seconded by Mr. Sundy and unanimously carried. 6.d. The following bids were presented for furnishing one four door sedan for use in the Public Works Department, and it was recommended that the low bid be accepted. Adams Chevrolet 0ompany $1,949.86 Earl Wallace Ford, Inc. $1,965.64 It was moved by Mr. Campbell, seconded by Mr. Avery and unani- mously carried that the low bid of Adams Chevrolet Company in the amount of $1,949.86 be given the contract. 6.e. Concerning an offer _to purchase Lot 24, Block A, ~estside Heights in the amount of $600.00, it was moved by Mr. Avery, seconded by Mr. Sundy and unanimously carried to deny the offer as the city does not wish to sell the property at this time. 6.h. Regarding the Council request to secure cost estimate for re- appraising all real property within the city limits, City Manager Smitzes reported that one courtesy bid from Hunnicutt & Associates, Inc. had been received. · It was moved by Mr. Avery, seconded by Hr. Sundy and unanimously carried-that the City Manager secure bids from other acceptable co- mpanies for submission to the Council. Supplemental Agendas 6.j, Concerning paving of the south half of S. W. 6th Street south of~Oarver Park Subdivision, the City Manager recommended that this paving be allowed, cost of ~gttch is approximate- ly $1,639.00 and that payment for same would be made from the current -9- 11-6-61 Nov ember 6, 196]. budget appropriation of "Materials for Construction of Streets, (Func.tion 321-528) ". M~. Avery moved that this paving be allowed with the stipulation that it be done according to 0ity specifications. The motion was seconded by M~. Thayar and carried unanimously. ?.a. Concerning the request for water by the De]may Beach ~ountry Club, it was moved by Mm. Campbell, seconded by M~. Avery and unani- mously carried that this matter be tabled for further study. 7.b. Cit"y Manager Smitzes presented the following letter from Mr. Hu~h W. Vogl of the Lake Ida Development Co~p., dated November 1. "This Corporation developed the Subdivision of Lake Ida Shores, at which time a plan was submitted, to name the various new Streets as shown on the enclosed copy of the original plat. "Some C_ity maps still show the section from the Corner of N. W. Otb Ave. to the end of the street, as being N. W. 9th Street. "Since this new Street was developed by us and since it is our desire, to have this street known as LAKE SHORE DRIVE, we respectfully request, that the Council passes a resolution to that effect and that the official plat be corrected ac- cordingly. Thanking for a kind consideration, we remain." It was moved by Mr. Campbell, seconded by Mm. Thayer and unani- mously carried to deny said request regarding street name. 8-a. City Clerk Worthing read RESOLUTION NO. 1356. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND E~TIMATE OF COST FOR CON- STRUCTION 0F STORM DRAINS FOR THE AREA KNOWN AS THE N. E. 22ND STREET AND SEACREST BOULEVARD DRAINAGE PROJECT, TOGETHER WITH INSTALLATION OF CATCH BASINS, ~LAN-HOLES AND APPURTENANCES IN CON- JUNCTION WITH SUCH STORM DRAINS. BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: 1. That the City Manager shall secure plans, specifications and estimate of cost for construction of storm drains and appurten- ances in the area known as the N. E. 22nd Street and Seacrest Boule- vard Drainage Project, together with the installation of necessary catch basins and man-holes in conjunction with such storm drains to drain the area determined as the Drain Field Area. 2. That such plans, specifications and estimate of cost shall be placed on file in the office of the City Manager in the City Hall. PASSED AND ADOPTED this 6th day of November, 1961. Resolution No. 1356 was unanimously adopted on motion of Mr. Avery and seconded by Mr. Thayer. 8.b. City Clerk Worthing read RESOLUTION NO. 1357. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY B~ACH, FLORIDA, ORDERING THE CONSTRUCTION OF STORM DRAINS, FOR THE AREA KNOWN AS THE N. E. 22ND STREET AND SEAC~EST BOULEVARD DRAINAGE PROJECT, TOGETHER WITH INSTALLATION OF CATCH BASINS, MAN-HOLES AND APPURTENANCES IN CONJUNCTION WITH SUCH STORM DRAINS.. (copy of Resolution Nc. 1357 is attached~to and made apart of the official copy of these minutes) 346~G, 346HH, 34611~, 346JJ Resolution No. 1357 was unanimously adopted with the city par- ticipating in paying 40~ of the cost of said improvement and the -10- 11-6-61 property owners involved paying 60% of the total cost, on motion by Mr. Campbell and seconded by ~. Aver~. 8.c. In compliance with Section 169 of the Charter, Assessment Rolls were submitted by the City Manager to th~ Council on the following described streets: for opening, grading and paving to a width of 2~ feet, that part of N. W. 6th Avenue lying between N. W. 3rd and 4th Streets; That part of S. W. 1st Street lying between S. W. 3rd and.4th Avenues and that part of N. W. 7th Avenue lying between Atlantic Avenue and N. W. let Street and that part of S. W. 7th Avenue lying between Atlantic Avenue and S. W. 2nd Street. City Clerk Worthing then read ORDINANCE NO. G-~lT. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESS~.NT ROLLS SUBMITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING THE OPENING, GRADING AND PAVING OF CERTA IN STREETS, SA ID ASSESS~SENT ROLLS BEING ATTACHED HERETO AND FOP~KING A PART HEREOF. The Council accepted the report of the City Manager and his proposed assessment rolls and it was moved by Mr. Avery, seconded by ~. Thayer and unanimously carried to place Ordinance No. G-417 on first reading. 8.d~ In compliance with Section 169 of the Charter, the City Manager submitted his report and proposed Assessment Roll on the construction of a five foot sidewalk on the East side of N. E. 8th Avenue between N. E. ?th and 8th Streets. City Clerk Wo~thing then read ORDINANCE NO. G-418. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, FOR CONSTRUCTION OF A SIDEWAI/( FIVE (5) FEET IN WIDTH ON THE EAST SIDE OF NORTHEAST EIGHTH AVENUE BETWEEN NORTHEAST SEVENTH AND NORTHEAST EIGHTH STREETS. The Council accepted the report of the City Manage~ and his proposed Assessment Roll on sidewalk construction and it was move8 by ~. Campbell to place Ordinance No. G-418 on first reading. The motion was seconded by Mr. Thayer and carried unanimously. 8.e. ORDINANCE NO. G-414 was presented. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING ORDINANCE NO. G-386 PERTAINING TO THE HOLDING AND EXHIBITION OF CARNIVALS AND CIRCUSES WITHIN THE MUNICIPAL LIMITS. (copy of Ordinance No. G-414 is attached to and made a part of the official copy of these minutes." Page 346 KK There being no objections to Ordinance No. G-414, Mr. Campbell moved that said ordinance be passed and adopted on this second and final reading, the motion being seconded by Mr. Avery. Upon call of roll, Mr. Avery; Mm. Campbell, Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Sundy being opposed. 8.g. Concerning Ordinance No. G-416-A regarding Taxicab Permits, Mm. Campbell moved that this item be tabled for one week and at that time the City Attorney present a proposed amended ordinance. The motion was seconded by Mr. Thayer and carried unanimously. 8.f. City Clerk Worthing read ORDINANCE NO. G-415. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOT 13, %riLLIA~.BON.-DEIBEL SUBDIVISION IN "R-3" DISTRICT, AND A~DING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960". -ll- 11-6-61 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezcned and placed in :tR-3" Multi- ple Family Dwelling District, as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lot 18, Williamson-Deibel Subdivision, Delsey Beach, Florida, according to Plat Book 18, Page 55 on file in the Office of the Olerk of the Circuit Court in and for Palm Beach County, Florida. SECTION 2. That the Building Inspector of said City shall upon the effective date of this Ordinance change the .i,~Zoning Msp of Delray Beach, Florida 1960" to conform with the provisions of Section 1 hereof. PASSED AND ADOPTED IN special session on the second and final reading on this the 6th day of November, 1961. There being no objections to Ordinance No. G-415 on this second and final reading, said Ordinance was unanimously adopted on motion by Mr. Avery and seconded by Mr. Campbell. lO.a. City Manager Smitzes presented Bills for Approval as follows: General Fund $79,720.98 Water Fund Operating Fund 2,334.42 Mr. Campbell questioned concerning the bill of Clarence D. Cook in the amount of $194.60. City Engineer Fleming informed the Council that Mr. Cook worked on traffic light mainetnance at the rate of 01.50 per hour on his off time from the fire department and that Mr. Cook' also makes street name signs and traffic signs and helps to install them. Mr. Campbell further asked if Mr. Cook, on his off duty time as a fireman, answered a general fire alarm to the same degree that he would if he was not working for the city on traffic light maintenance, and Fire Chief Gregory answered that he is required to answer a general alarm if at all possible. On motion by ~l~. Campbell and seconded by Mr. Sundy the bills were unanimously ordered paid. x. Mayor Warren stated that there had been a request concerning placing a light in the north side of the traffic signal on East Atlantic Avenue at 3rd Avenue to aid pedestrians in knowing when the light changes, in order to cross the street. The City Manager said that he would check into/.this problem. X. ~. Sundy brought attention to the fact that a certain person had been fined for operating a bicycle without lights after dark after having been involved in an accident as a result of operating said bicycle without lights, and asked that the City Manager check and report next week on how many arrests were made during September and October for operating bicycles after dark without lights, and that if the Ordinance concerning that is not enforced that it should be re- pealed. The Meeting adjourned at 12:40 A.M., November 7th, 1961. R._ D. WORTNiNG MAYOR- -12- 11-6-61 Delray Beach, Florida November 6, 1961 The City Council of the City of Delray Beach, Palm Beach County, Florida, met in B~Xa~t public session at the ~gula~ meeting place of the City Council in the City Hall in the City of Delray Beach at 8:00 o'clock P.M. on November 6, 1961, with Mayor George V. ~'~arren and the following members present: A1 C. Avery Dugal G. Campbell Glenn B. Bundy John A. Thayer There were absent: NONE There were also present R.D. Worthing, City Clerk, Louis J. Smitzes, City Manager, and John Ross Adams, City Attorney. After the meeting had been duly called to order by the Mayor and the minutes of the preceding meeting had been read and approved, the Mayor announced that one purpose of the meeting was to hold a public hearing on the schedule of rates, fees and charges to be imposed for the services and facilities to be supplied by the mu- nicipal sanitary sewage collection and disposal system of the City of Delray Beach, in accordance with the resolution adopted by the City Council on October 23, 1961. The City Clerk presented a publisher's affidavit with newspaper clipping attached showing that notice of hearing in form prescribed by Section 2 of said resolution was pub- lished one time in the Delray Beach News-Journal, a newspaper publish- ed and having general circulation in the City of Delray Beach on October 26, 1961, said date being at least ten days prior to the date fixed for hearing. The Mayor announced that all of the users of the sewage collection and disposal system of the city and owners, tenants or occupants of property served or to be served thereby and all others interested might then and there be heard concerning the proposed rates, fees and chamges. All such users, owners, tenants, occupants and other interested persons desirin~ to be heamd on the matter were then heard and all suggestions for chan~e in said proposed rates, fees and charges were considered. Thereupon, the following resolution was introduced in written form by R.D. Worthing, was read in full and discussed, after which pursuant to motion m~de by Dugal G. Campbell and seconded by Glenn Be Sundy the resolution was adopted by the following vote: Aye: Mayor George V. Warren Dugal G. Campbell Glenn B. Sundy John A. Thayer Nay: A1 C. Avery The resolution was thereupon signed by the Mayor, attested by the City Clerk, approved as to form, language and execution by the City Attorney and declared to be in effect. The resolution is as follows: RESOLUTION NO. 1359. A RESOLUTION confirming the initial schedule of rates and charges for sanitary sewer services to be rendered by the sanitary sewage collection and disposal system of the City of DelrayBeach. V~HEREAS the City of Delray Beach has, pursuant to notice of public hearing as required by SeCtion 184.09 of the Florida Statutes, held a hearing on the schedule of rates, fees and charges to be im- posed for t he services and facilities to be supplied by the sanitary sewage collection and disposal system of said city and said hearing has been held in accordance with said notice and in accordance with the resolution fixing said schedule adopted by this City Council on October 23, 1961; and WHEREAS it is now desired to confirm the rates, fees and charges for which provision was made in said resolution; NOW, THEREFORE, BE IT Resolved by the City Council of the City of Delray Beach, Palm Beach County, Florida, as follows: ~.~ign...!. That beginning at the time when the system is constructed, certified for use by the consulting engineers and accept- ed by the City, subject to such revision from time to time thereafter ' ' as may be necessary to carry out the requirements of proceedings to be adopted for the authorization of revenue bonds or certificates to pay the cost of making improvements, extensions, renewals, replace- ments or repairs to such system, the rates, fees and charges to be imposed for the services and facilities to be supplied by the sani- . tary sewage collection and disposal system of the City of Delray Beach.shall be as follows: A monthly sanitary sewage service charge is hereby imposed upon each residential dwelling unit, as more specifically set forth below, to which sanitary sewage service is available through the fa- cilities afforded by the municipally owned sewage system, according to the following schedule: Single family residential dwellings, for the first 4 fixtures or less contained therein, $2.50, for the next 8 fixtures contained therein, $.,25 per fixture and for all fixtures contained therein over 12, $.15 per fixture. COMMERCIAL, AND NON-R~SID~NTIAL UN.~T$ A monthly sanitary sewage service charge is hereby imposed upon each commercial and non-residential unit to which sanitary sew- age service is available through the facilities afforded by the mu- nicipally owned sewage system, according to the following schedule: For the first 2 fixtures contained therein $2.50, for t he next 8 fixtures contained therein, $.50 per fixture and for all fix- tures contained therein over 10, $.25 per fixture. For the purpose of the foregoing schedule each plumbing fixture or drain that is conn~._cted to a sewer, including, but not limited to, a toilet, wash basin or lavatory, bath, floor ~rain, laundry tub, kitchen sink, sl°p basin or wash sink, washing machine, equipment or device if so constructed as to dischamge its water con- tent into any of the foregoing or directly into a sewer, shall be re- garded as a "fixture". Penalties shall be imposed for failure to connect with any available sewer as will be provided in the aforesaid ordinance. Section 2.~ That this resolution shall take immediate effect. Adopted and approved November 6, 1961. /$/ ,,.aEoaaE ............... Mayor Attest: ' Cit Clerk ........ Approved by me as to form, language and execution this 6th day of November, 1961. /s/ JOHN ROSS ADAMS -' :-:'City ~tb~ney (Other business not pertinent to the above appears in the minutes of the meeting.) Pursuant to motion duly made and carried, the City Council adjourned. /s/ George V. WarreD ...... Attest: /s/. R,,D. Worthtng. STATE OF FLORIDA ) ) COUNTY OF PALM BEACH I, R.D. Uorthing, the duly qualified and acting City Clerk of the City of Delray Beach, Palm Beach County, Florida, do hereby certify that the above and foregoing constitutes a true and correct copy of excerpts from the minutes of a meeting of the City Council of said city held on November 6, 1961, and of a resolution adopted at said meeting as said minutes and resolution are officially of re- cord in my possession. IN ~IT~SS WNERE0~, I have hereunto subscribed my official signature and impressed hereon the official seal of said city this 7th ~ay of November, 1961. (SEAL) Delray Beach, Florida November 6, 1961 The City Council of the City of Delray Beach, Palm Beach County, Florida, met in regular public session at the regular meeting place of the City Council in the City Hall in the City of Delray Beach at 8:00 o'clock P.M. on November 6, 1961, with Mayor George V. Warren and the following members present: AL C. AVERY DUGAL G. CAMPBELL GLENN B. SUNDY JOHN A. THAYER Absent: None. There were also present R. D. Worthing, City Clerk, Louis J. Smitzes, City Manager, and John Ross Adams, City Attorney.' After the meeting had been duly called to order by the Mayor and the minutes of the preceding meeting had been read and approved the following resolution was introduced in written form by Louis J. Smitzes, was read in full and discussed. ?ur- suant to motion made by DUGAL G. CAMPBELL and seconded by GLENN B. SUNDY, the resolution was adopted by the following vote: AYE: MAYOR GEORGE V. WARREN DUGAL G. CAMPBELL GLENN B. SUNDY JOHN A. THAYER NAY: AL C. AVERY The resolution is as follows: RESOLUTION NO. ]360 A RESOLUTIO~ authorizing the issuance of $500',~O0 Water and Sewer Revenue Bonds of the City of Delray Beach for the purpose of making improvements and extensions to the sanitary sewer system of said city, providing for the sale of said bonds, providing for the security and payment thereof and making certain provisions in that connection. WHEREAS the City Council of the City of Delray Beach has determined it necessary and essential to the health and well being of the inhabitants of said city to make improvements and extensions to the sanitary sewer system of said city and to finance the cost thereof through the issuance of revenue bonds under Chapter 18~ of the Florida Statutes as more specifically hereinafter provided; and WHEREAS in order to secure the payment of such bonds the city desires to pledge to the payment thereof certain reve- nues to be derived from the operation of the waterworks plant and system of said city and the sanitary sewer system of said city, in accordance with Section 18~.14 of the Florida Statutes, subject. to all prior pledges of such water revenues; and WHEREAS the revenues to be derived by said city from the operation of its waterworks plant and system have been pledged to the payment of certain Water Revenue Certificates, Series 1957, originally issued in the amount of $1,378,000 and now outstanding in the amount of $1,305,000, pursuant to ordinance adopted on July 5, 1957, by this City Council; and WHEREAS under the provisions of Section 12 of said ordinance of July 5, 1957, the City of Delray Beach may issue obligations on a parity with said Water Revenue Certificates, Series 1957, if certain conditions prescribed in said section are satisfied; and -2- WHEREAS the average annual net revenues of said water-. works plant and system as defined in said ordinance for the last two fiscal years have been equal to $237,525.37, which is more than one and one-half times $132,318.00, the highest combined interest and principal requirement for any succeeding fiscal year of all certificates authorized by said ordinance now outstanding and of the obligations herein authorized; the payments required by said ordinance to be made into the City of Delray Beach Water Revenue Certificates, Series 1957, Interest and Sinking Fund created by said ordinance are current; the bonds herein authorized are payable as to principal on June i of each year in which prin- cipal falls due and are payable as to interest on June i and December i of each year; the proceeds of the obligations here~n authorized shall be used solely for the making of improvements and extensions to the city's sanitary sewer collection, treatment and disposal system; and therefore all conditions for the issuance of such parity obligations are satisfied; NO_~W THEREFORE, Be It Resolved by the City Council of the City of Delray Beach, Palm Beach County, Florida: Sec~i~n 2- That it is hereby found and declared as follows: (a) That the estimated cost of the sewer improvements to be made with the proceeds of the bonds herein authorized, in- cluding all proper incidental, engineering, legal and fiscal costs,is $500,000; (b) That the estimated annual revenues of the sewer system (as hereinafter defined) is $$1,O00.00 and the estimated annual water revenues to become available for the payment of the bonds herein authorized is $245,O00.O0; -3- (c) The estimated annual cost of maintaining, repair- ing and operating said sewer system is $20~000o00; and (d) That on the basis of such estimates the annual revenues of said sewer system, with the water revenues pledged to the payment of principal of and interest on the bonds herein authorized, will be sufficient to pay such cost of maintenance, repair and operation and the interest on such bonds and the principal thereof as such interest and principal shall become due. Section ~. That as used herein the following terms shall have the following meanings unless the context otherwise clearly indicates: (a) "City" means the City of Delray Beach. (b) "Bonds" means t~ $500,000 Water and Sewer Revenue Bonds herein authorized. (c) "Water Revenue Certificates" means the Water Revenue Certificates, Series 1957, of the City of Delray Beach, dated June l, 1957, originally issued in the amount of $1,378,O00 and now outstanding in the amount of $1,305,000. (d) "Water Revenue Certificate Ordinance" means the ordinance adopted by this City Council on July 5, 1957, authoriz- ing the Water Revenue Certificates. (e) "Water Revenue Bond Fund" or "Bond Fund" means the "Bond Fund" or "City of Delray Beach Water Revenue Certifi- cates, Series 1957, Interest and Sinking Fund" created by the Water Revenue Certificate Ordinance. (f) "Water system" means the complete waterworks plant and system of the city as it now exists and may hereafter be improved and extended, consisting of all real and personal property of every nature owned by the city and used or useful in the opera- tion thereof whether within or without the boundaries of the city. -4- (g) "Sewer system'~ means the complete sanitary o~wer collection, treatment and disposal system of the city as it now exists and may hereafter be improved and extended, consisting of all real and personal property of every nature owned by the city and used or useful in the operation thereof whether within or without the boundaries of the city. Section ~. That for the purpose of obtaining funds to make necessary improvements and extensions to the sewer system, including the payment of proper incidental, engineering, legal and fiscal costs, there shall be borrowed upon the credit of the income and revenues hereinafter pledged the sum of $500,000, and that in evidence of the sum to be so borrowed there be issued $500,000 Water and Sewer Revenue Bonds of the city. Said bonds shall be designated "Water and Sewer Revenue Bonds", shall be in the total aggregate principal amount of $500,000, shall be dated December l, 1961, shall be in the denomi- nation of $1,OO0 each, shall be numbered from i to 500, inclusive, and shall bear interest from date until paid at such rate or rates not in excess of six per cent (6%1 per annum as may be determined by resolution to be adopted by the City Council at or subsequent to the sale of the bonds, which interest shall be payable June l, 1962 and semi-annually thereafter on the first days of June and December of each year. The bonds shall be payable as to both principal and interest in lawful money of the United States of America at the Chase Manhattan Bank in the City of New York, New York, and shall mature serially in numerical order on June 1 of each of the years as follows: -5- BOND NUMBERS AMOUNT YEAR 1 to 10 $10,000 1968 ll to 20 lO,O00 1969 21 to 30 lO,O00 1970 31 to 40 10,O00 1971 41 to 50 lO,000 1972 51 to 65 15,000 1973 66 to 80 15,000 1974 81 to 95 15,000 1975 96 to llO 15,000 1976 lll to 125 15,000 1977 126 to 140 15,000 1978 141 to 155 15,000 1979 156 to 170 15,000 1980 171 to 190 20,000 1981 191 to 210 20,000 1982 211 to 230 20,000 1983 231 to 250 20,000 1984 251 to 270 20,000 1985 271 to 290 20,000 1986 291 to 315 25,000 1987 316 to 340 25,000 1988 341 to 365 25,000 1989 366 to 390 25,000 1990 391 to 420 30,000 1991 421 to 450 30,000 1992 451 to 500 50,000 1993 Bonds numbered 41 to 500, inclusive, shall be callable for redemption in inverse numerical order on June l, 1971, and on any interest payment date thereafter at the principal amount thereof plus accrued interest to the date fixed for redemption and a premium of $40.00 for each bond so redeemed on or prior to June l~ 1975, $30.00 for each bond so redeemed thereafter on or prior to June l, 1980, $20.00 for each bond so redeemed thereafter on or prior to June l, 1985, $10.O0 for each bond so redeemed thereafter on or prior to June l, 1990, and thereafter without premium. Notice of redemption shall be given not less than thirty days prior to the date fixed for redemption by the filing of an appropriate notice with the above named paying agent bank and the publication of an appropriate notice one time in a financial newspaper or journal published in the City of New York, New York. -6- ~ection ~. That Said bonds shall be signed by the Mayor of the City, shall be attested by the Clerk by his facsimile signature and shall be endorsed by the City Attorney by his fac- simile signature and shall have impressed thereon the official seal of the City of Delray Beach. Interest accruing on said b~.nd~ on and prior to maturity shall be evidenced by coupons to be thereto attached, which coupons shall be signed by said Mayor and Clerk by their facsimile signatures and said officials by the execution of said bonds shall adopt as and for their own proper signatures their respective facsimile signatures on said coupons. Section 5. That the bonds herein authorized chall not be payable from or charged upon any funds of the City of Delray Beach, other than the revenues to be derived from the operation of the water system and sewer system as hereinafter provided, nor shall the City of Delray Beach ever be subject ~ any pecuniary liability thereon. No holder or holders of ~ny of the bonds shall ever have the right to compel any exercise ~f the taxing power of the City of Delray Beach to pay any of the bonds or interest thereon or to enforce payment thereof aEain~ any property of the city and such bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the city, other than the revenues received from ~ne operation of said systems. Section ~. That ~he bonds and the coupons to be thereto attached shall be in substantially the following form: -7- (Form of Bond) UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH WATER AND SEWER REVENUE BOND Number ..... $1, OO0 KNOW ALL MEN BY THESE PRESENTS that the City of Delray Beach, a duly organized and existing municipal corporation in Palm Beach County, Florida, for value received, hereby promises to pay to bearer, in the manner and from the funds hereinafter provided, the sum of One Thousand Dollars ($1,000) on the first day of June, 19 , and to pay interest on said sum from the date hereof until pa}~ent of principal at the rate of per cent ( %) per annum, payable June l, 1962 and semi-annually thereafter on the first days of June and December of each year, such interest to maturity being payable only upon presenta- tion and surrender of the annexed interest coupons as the same severally become due. Both principal of and interest on this bond are payable in lawful money of the United States of America at ~ - . , in the city of .... , __. This bond is one of an issue in the amount of $500,OO0, all of like date,tenor and effect, except as to (interest rate), maturity and option of redemption, issued by the City of Delray Beach, under the provisions of Chapter 185 of the Florida Statutes, for the purpose of paying the cost of improving and extending the sanitary sewer system of said city. Said bonds are payable solely from and, together with certain Water Revenue Certificates, Series 1957, of said city and such obligations as may hereafter be issued on a parity therewith by pledge of the net revenues to be derived from the operation of the waterworks plant and system and sewer system of said city. The City of Delray Beach is not obligated to pay said bonds or the interest thereon except from such revenues and the faith and credit of said city are not pledged to the payment of the principal of or interest on said bonds. The issuance of said bonds shall not directly or indirectly or contingently obligate said city to levy any ad valorem taxes whatever therefor or to make any appropriations for their payment except from the aforesaid revenues. This bond does not constitute an indebtedness of the City of ~elray Beach within the meaning of any constitutional or statutory limitation of indebted- ness and shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of said city. Bonds numbered 41 to 500, inclusive, of the issue of which this is one are callable for redemption in inverse numerical order on June l, 1971, and on any interest payment date thereafter at the principal amount thereof plus accrued interest to the date fixed for redemption and a premium of $40.00 for each bond so redeemed on or prior to June l, 1975, $30.00 for each bond so redeemed thereafter on or prior to June l, 1980, $20.00 for each bond so redeemed thereafter on or prior to June l, 1985, $10.00 for each bond so redeemed thereafter on or prior to June l, 1990, and thereafter without premium. Notice of redemption is to be given not less than thirty days prior to the date fixed for redemption by the filing of an appropriate notice with the above named paying agent bank and the publication of an appropriate -9- notice one time in a financial newspaper or journal published in the City of New York, New York. The City of Delray Beach has covenanted and hereby covenants and agrees at all times while this bond, or any bond of the issue of which it is a part, is outstanding and unpaid to fix and maintain such rates for water and services furnished by said plant and systems as will be fully sufficient to provide for the payment of the interest on and principal of all of said bonds as interest and principal become due, to create a proper fund therefor, to provide for the payment of the expenses of administer- ing and operating said plant and systems and for maintaining cai~ plant and systems in good repair and working order. For a more particular statement of the covenants and provisions securing the bonds, reference is made to the ordinance and resolution adopted by the Council of the City of Delray Beach on July 5, lO57 and ~ . .. _ , 1961, respectively, authorizing said Water Revenue Certificates and the bonds of this issue. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond have existed, have happened and have been performed in due time, form and manner as required by law. The bonds of the issue of which this is one are declared by law to have all the qualities and incidents of negotiable instruments under the Negotiable Instru- ments Laws of the State of Florida. This bond is one of an issue of bonds which were validated and confirmed by decree of the Circuit Court of the Fifteenth Judicial Circuit of Florida, in and for Palm Beach County rendered on ........ , 1961. -10- I~NWITNESS ~ER$O__~F, the City of Delray Beach, Florida, acting through its City Council has caused this bond to be signed by its Mayor, attested by its Clerk by his facsimile signature, and approved by its City Attorney by his facsimile signature, under the official seal of said city, and has caused the interest coupons hereto attached to be executed by the facsimile signatures of said Mayor and Clerk, all as of this first day of December, 1961. Mayor, City of Delray Beach Attest: Clerk, City of Delray Beach Approved as to form, language and execution. City Attorney (Form of Coupon) Number $ On the first day of .,19 unless the hereinafter mentioned bond is then optional for redemp- tion and has been theretofore duly called for redemption and provision for the redemption thereof duly made, the City of Delray Beach, Florida, will pay to bearer the sum of Dollars ($ ) in the manner and out of the funds described in the bond to which this coupon is attached, in lawful money of the United States of America at in the City of , , being the interest then due on its Water and Sewer Revenue Bond, dated December l, 1961, and numbered . Mayor Attest: Clerk -ll- Section 7. That the water system~shall continue to be operated in the manner required by the Water Revenue Certificate Ordinance until the retirement of all of the bonds herein author- ized. To the extent hereinafter specified, the revenues to be derived from the operation of the water system and the sewer system are hereby pledged to the payment of operation and main- tenance expenses, principal of and interest on the Water Revenue Certificates and the bonds herein authorized and the establishment and maintenance of the reserves hereinafter mentioned. The bonds herein authorized being issued on a parity with the Water Revenue Certificates in accordance with the provi- sions therefor in the Water Revenue Certificate Ordinance, the holder of each of said bonds shall have all rights granted by the Water Revenue Certificate Ordinance to the holders of the Water Revenue Certificates and all provisions in said ordinance for the benefit of said certificate holders are hereby incorporated by reference and shall inure to the benefit of the holders of the bonds herein authorized. From and after the delivery of any bond pursuant to the provisions of this resolution, the sewer system shall be operated on the basis of a fiscal year commencing on October 1 of each year and ending on the last day of September of the next succeeding year, and on that basis all income and revenues of every nature derived from the operation of said system shall be set aside into a separate and special fund, which fund is herein- after sometimes referred to as the "Sewer Revenue Fund"° There shall first be paid from the moneys in the Sewer Revenue Fund from time to time as needed the reasonable and necessary expenses of operating and maintaining the sewer system, including the cost of necessary repairs. Said expenses are hereby -12- defined as those expenses reasonably incurred in the normal operation of the system and do not include the cost of additions, extensions or other capital improvements. From the money in the Sewer Revenue Fund not expended for the reasonable and necessary cost of operating and maintaining the sewer system as above provided, there shall be paid into the Bond Fund created by the ~ter Revenue Certificate Ordinance such amount of the remaining gross revenues in each fiscal year ~ will, together with revenues of the water system available for such purpose, be fully sufficient to pay all principal of and. interest on obligations payable from said fund falling due in such fiscal year and to accumulate and maintain the reserve there~ in as hereinafter required. The bonds herein authorized shall be payable from said Bond Fund as to principal and interest on a parity with said Water Revenue Certificates, and there shall be paid into the Bond Fund all accrued interest received from the purchaser upon delivery of the bonds. The payments herein required to be made into the Bond Fund from the Sewer Revenue Fund shall be made monthly in such amounts as will (with money available for the purpose from the revenues of the water system) assure the existence of money fully sufficient and available to pay principal and interest as they fall due and to accumulate and maintai~ the reserve therein as hereinafter required. All payments into the Bond Fund shall be made monthly as herein provided by the Treasurer to the bank holding said fund, and shall be held by said bank as a trust account solely for the purpose of paying principal ef and interest and redemption premiums on the Water Revenue Certif~cabez, the bonds herein authorized and such obligations as may in the future be issued on a parity therewith as herei~ter provided. Said trust fund shall be continually secured to the fullest extent permitted or required by the banking laws of the State of Florida for the securing of public funds, and shall be irrevocable aod not, withdrawable by anyone for any purpose other than for the payment of principal of and interest and redemption premiums on obliga- tions payable t~refrom. It shall be the duty of said bank on May 15 and November 15 of each year to transmit from the money in said fund to the paying agent bank such amount as may be needed for the payment of interest, or principal and interest, falling dt.e on the next succeeding June I or December l, as the case may beo From the money in the Water Revenue Fund and the Sew¢~' Revenue Fund not expended for the cost of operating and mainta±nirg the systems in each fiscal year and not paid into the Bond Fund ~1~ such fiscal year as above provided, there shall be paid in each fiscal year into the Renewal and Replacement Fund created by the Water Revenue Certificate Ordinance, as necessary to accumulate maintain said fund in the amount of ~50,000.00, a sum equivalen~ to five per cent of the gross revenues derived from ~he operatio~ of both systems in the preceding fiscal year. Money in said fund shall be used to pay the cost of making renewals, extensions, replacements or improvements to the water system and, to ~he exter.t not in conflict with the rights of the holders of the Water Revenue Certificates, to the sewer system when the making thereof has beon recommended by the engineer who is at the time serving as ~he consulting engineer for said systems. Money in said fund shall also be used for the purpose of paying principal or interest, or both, payable from the Bond Fund falling due in any year for the payment of which there is not money in the Bond Fund, including the reserve therein, and as to which there would otherwise be default. The money in the Renewal and Replacement Fund may, in -14- the discretion of the Council, be invested in direct obligations of the United States of America maturing not later than five years from date of purchase, in which event the obligations so acquired shall be held to the credit of said fund. In the event money so invested is needed for the purposes for which the fund is herein created such investment shall be liquidated to the extent necessary. When the amount in the Bond Fund, including the reserv~, and in the Renewal and Replacement Fund shall in the aggregate be equal to the amount of all principal and interest to maturity or all principal and interest to the next redemption date plus re- demption premiums then applicable on all obligations payable from the Bond Fund which remain outstanding, further payments into said funds may be discontinued, and the money in said funds shall be used for retirement or redemption of such outstanding obligations. All payments into the Sewer Revenue Fund shall be made to the Delray Beach National Bank of Delray Beach, Florida, or such other bank or banks as may be designated from time to time by the Council of the City of Delray Beach, provided that any such bank be a member of the Federal Deposit Insurance Corporation and that all such funds so deposited be secured as required for muni- cipal funds under the laws of the State of Florida. Such funds shall be held by the said bank or banks in separate accounts to be paid out only for the purposes and under the circumstances herein provided. Nothing in this section shall be so construed as to prevent the making of reimbursement to a subdivider from the revenues received from the customers in any subdivision, before any remaining revenues received from such customers are paid into the Sewer Revenue Fund herein created pursuant to any agreement between the city and any such subdivider executed prior to the delivery of the bonds. -15- Inaddition to the amo~nts reG~arod t~ ho paid into the reserve portion of the Bon~ ~u,~d ~nder the Water Revenue Certificate Ordinance, there ~hall be paid into said reserve such amount in each fiscal year as will cause the reserve to be built up, in a period of sixty months following the issuance of the bonds, to an amount equal to the largest amount of principal and interest which will be payable from the Bond Fund in any future twelve months' period, including the bonds herein authorized. The reserve comprising such surplus shall be maintained for the purpose of paying principal and interest payable from the Bond Fund falling due in any year as to which there would otherwise be default. If at any time it is necessary to use moneys in said reserve for the payment of interest or principal, the moneys so used shall be replaced from the first revenue thereafter received from the operation of either system not required to be used for maintenance and operation expenses and for the payment of current principal and interest, it being the intention hereof that there shall be maintained in the Bond Fund, in addition to the amount required for payments during the current fiscal year, an amount sufficient to pay the largest amount of principal and interest payable from the Bond Fund in any future twelve months' period as aforesaid. The money in the reserve may, in the discretion of the Council, be invested in direct obligations of the United States of America, maturing not later than five years from date of purchase, in which event the obligations so acquired shall be held to the credit of the Bond Fund, and in the event the money in the reserve which has been so invested shall be needed for the payment of principal or interest, the bank holding the Bond Fund shall, without specific instructions from the city, liquidate as many of the obligations so held as may be necessary and have the proceeds of such liquidation applied to the payment of principal and interest. -16- After all payments above required have been made in each fiscal year, and any deficiencies which may exist from prior years have been remedied, the money remaining in the Sewer Revenue Fund shall be regarded as surplus and may be used for any lawful corporate purpose, including the retirement or redemption prior to maturity of any certificates or bonds payable from the Bond Fund or as security pledged for any other obligations which the city may hereafter issue for any purpose. Section 5. That So long as any of the bonds herein authorized remains outstanding, the city will maintain and carry, for the benefit of the holders of the bonds insurance on the physical properties of the water system and the sewer system of the kinds and in the amounts normally carried by private companies engaged in the operation of similar properties. The city will also carry adequate public liability insurance. Ail moneys received for losses under any such insurance policies, except public liability policies, are hereby pledged by the City of Delray Beach as secur~ty for the obligations payable from the revenues of the damaged property until and unless such proceeds are paid out in making good the loss or damage in respect of which such proceeds are received, either by repairing the property damaged or replacing the property destroyed, and adequate provision for making good such loss and damage made within ninety days from the date of the loss. The payment of premiums for all insurance policies required under the provisions of this section shall be considered to be maintenance and operation expenses. Section 9. That the city covenants and agrees that so long as any of the bonds remains outstanding proper books of record and account will be kept by the city, separate and apart -17- from all other records and accounts, showing complete and correct entries of all transactions relating to the water system and the sewer system, and that the holders of any of the bonds, or any duly authorized agent or agents of such holders, shall have the right at all reasonable times to inspect all records, accounts and data relating thereto and to inspect the system and all properties comprising the systems. The city further agrees that it will within sixty days following the close of each fiscal year cause an audit of such books and accounts to be made by an independent firm of certified public accountants, showing the receipts and disbursements for account of each system, and that such audit will be available for inspection by the holder of any of the bonds. Each such audit in addition to whatever matters may be thought proper by the accountant to be included therein, shall include the following: 1. A statement in detail of the income and expenditures of each system for such fiscal year. 2. A balance sheet as of the end of such fiscal year. 3o The accountant's comment regarding the manner in which and extent to which the city has carried out the requirements of this resolution and the Water Revenue Certificate Ordinance and the accountant's recommendation for any change or improvement in the operation of either system. 4. A list of the insurance policies in force at the end of the fiscal year, setting out as to each policy the amount of the policy, the risks covered, the name of the insurer and the expiration date of the policy. 5. The number of met~ered water customers, the number of unmetered water customers, if any, the number of hydrants connected to the water system, and the number of applications for water service on hand existing at the end of the year. 6. The number of gallons of water shown to have passed through the master meter of the city during such fiscal year, the number of gallons of water billed, the estimated number of gallons of water used for flushing mains and for extinguishing fires, and the number of gallons of water unaccounted for. 7. The number of properties connected to the sewer sys- tem at the end of the fiscal year and the number of properties to which sewer service is available and which are not connected to said system at the end of the fiscal year. 8. The number of applications for sewer service on hand at the end of the year and the number of applications for such service received during such fiscal year. 9. A statement showing the balances existing at the beginning and end of the fiscal year in the Bond Fund, including the reserve therein, together with all deposits and withdrawals made during said fiscal year and the monthly deposit requirements for each such fund during the next succeeding fiscal year. lO. The total billings for such fiscal year and the average monthly billing per customer. ll. All schedules of rates and charges imposed for water and sewer service during the fiscal year. The city agrees to furnish a copy of each such audit to the holder of any of the bonds at his request after the close of each fiscal year, and that any such holder shall have the right to discuss with the accountant making the audit the contents of t~ audit and to ask for such additional information as he may reasonabl>' require. The city further agrees that it will furnish the original purchaser of the bonds and any holder, upon request, monthly -19- operating reports of both systems in reasonable detail, and that it will mail each such report to the last known address of such purchaser or holder not later than fifteen days after the close of the month covered thereby. Section 10. That the City of Delray Beach covenants and agrees with the holder or holders of any of said bonds bhat it will faithfully and punctually perform all duties with respect to each system required by the laws of the State of Florida, and that it will fix and collect sufficient rates and charges for waber and sewer services furnished by the systems and will segregate and apply the income derived therefrom in the manner provided by this resolution so that said revenues will at all times be fully sufficient to operate and maintain the systems and to pay principal of and interest on said bonds promptly as each falls due. The City of Delray Beach further irrevocably covenants, binds and obligates itself not to sell, lease, encumber or dispose of either system or any substantial part thereof until all of the bonds herein authorized have been paid in full as to both principal and interest, and furthez- covenants and agrees with the holders of said bonds to maintain said systems in good condition and to maintain a continuous and sufficient supply of water for distribution by the waber system and 'bo charge and collect such rates and charges fo~ water and sewer service rendered thereby to all consumers and users, including the City of Delray Beach so that the revenues derived therefrom will be sufficient at all times to car~y out fully the provisions of this resolution. The city further covenants and agrees that every officer, agent or employee of the city having custody or control of any of the moneys derived from the operation of either system -20- shall be bonded by a responsible corporate surety in an amount not less than the greatest amount reasonably anticipated to be within the custody or control of such officer, agent or employee at one time. The premiums on such surety bonds shall be paid by the city as reasonable and necessary expense of operation. That the city agrees to submit unit bills for water and sewer service to each person or firm liable for the payment of water and sewer charges and not to accept payment for one type of service only. If any water user shall become delinquent for more than sixty days in the payment of water and sewer charges, or both, the city will promptly shut off the supply of water to such user and will not resume such supply until all delinquent charges and penalties, including a reconnection charge of not less than $1o50, have been paid. A user shall be deemed delinquent if he has not paid the full amount of any bill within thirty days after it shall have been mailed to him° Section ll. That the bonds herein authorized shall enjoy complete parity of lien on the revenues of each system despite the fact that any of said bonds may be delivered at an earlier date than any other of said bonds° The City of Delray Beach expressly covenants and agrees that it will issue no other bonds or obligations of any kind or nature payable from or enjoying a lien on the revenues of either system prior to or on a parity with the bonds herein authorized. The provisions of the above paragraph are subject to the exception that if prior to the payment of the bonds herein authorized, it shall be found desirable to refund any obligation payable from the Bond Fund, said obligations or any part thereof may be refunded with the consent of the holders thereof (except that as to matured obligations or obligations which have been properly -21- called for redemption, such consent shall not be necessary) and the refunding obligations so issued shall enjoy complete equality of lien with the portion of the obligations which is not refunded, if any there be, and the refunding obligations shall continue to enjoy whatever priority of lien over subsequent issues may have been enjoyed by the obligations refunded, provided however, that if only a portion of the outstanding obligations payable from the Bond Fund is so refunded, no refunding obligation may bear interest at a rate higher or mature at a date earlier than the obligation refunded thereby .without the consent of the holders of the unrefunded portion of said obligations. The provisions of the second above paragraph are subject to the further exception that the city may issue additional obligations on a parity with the l~ter Revenue Certificates and the bonds herein authorized upon compliance with all terms and conditions set out for the issuance of such parity obligations in Section 12 of the Water Revenue Certificate Ordinance. Section 12. That so far as it legally may, the City of Delray Beach covenants and agrees for the protection and security of the bonds herein authorized: (a) That it will not grant a franchise to any competing water system or sewer system to operate in the City of Delray Beach until all bonds issued pursuant to the provisions of this resolution have been retired. (b) It is recognized that the City now has an agreement with Mellon Land Corporation covering the installation and operation of a sanitary sewer system only in those portions of Tropic Palms Subdivision identified on Plats Nos. 2 and 3, said subdivision lying within the boundaries of the City of Delray Beach, Florida, which Plats are on file in the public records of Palm Beach County, Florida. (c) That so long as any of the bonds herein authorized remains outstanding the city will maintain its corporate identity, will make no attempt to cause its corporate existence to be abolished, -22- and will resist all attempts by other municipal corporations to annex all or any part of the territory now or hereafter in the city or served by either system. (d) That the owner, tenant or occupant of each lot or parcel of land within the City of Delray Beach which abuts upon any street or other public way containing a sanitary sewer, which is served or which can be served by the sewer system and upon which lot or parcel a building shall have been constructed for residential, commercial or industrial use shall connect such building with such sanitary sewer and shall cease to use any other method for the disposal of sewage, sewage waste or other polluting matter. All such connections shall be made in accordance with rules and regula- tions which shall be adopted from time to time by the City Council, which rules and regulations may provide for a charge for making any such connection in such reasonable amount as the City Council may fix and establish. (e) That the City of Delray Beach hereby covenants and agrees that whenever and to the extent that it may levy any ~ax on or measured by the purchase of water distributed or scld by the water system, the proceeds of such tax shall be considered part of the revenues of said system for the purposes of this resolution, and such proceeds are hereby made subject to the same pledge herein made as other revenues of said system. Section ~.~. That the initial schedule of rates, fees and other charges to be imposed for the services and facilities furnished by the sewer system, which initial schedule shall be effective immediately at the time when the system is constructed, certified for use by the consulting engineers and accepted by the city but which shall be subject to such revision from time to time hereafter as may be necessary to carry out the requirements of this resolution shall be as follows: -23- RESIDENTIAI. UNITS A monthly sanitary sewage service charge is hereby imposed upon each residential dwelling unit, as more specifically set forth below, to which sanitary sewage service is available through the facilities afforded by the municipally owned sewage system, according to the following schedule: Single family residential dwellings, for the first 4 fixtures or less contained therein, $2.50, for the next 8 fixtures contained therein, $.25 per fixture and for all fixtures contained therein over 12, $.15 per fixture. CO~MERCIAL AND NON-RESIDEHTIAL UNITS A monthly sanitary sewage service charge is hereby imposed upon each commercial and non-residential unit to which sanitary sewage service is available through the facilities afforded by the municipally owned sewage system, according to the following schedule: For the first 2 fixtures contained therein, $2.50, for the next 8 fixtures contained therein, $.50 per fixture and for all fix- tures contained therein over 10, $.25 per fixture. For the purpose of the foregoing schedule each plumbing fixture or drain that is connected to a sewer, including, but not limited to, a toilet, wash basin or lavatory, bath, floor drain, laundry tub, kitchen sink, slop basin or wash sink, washing~machine, equipment or device if so constructed as to discharge its water content into any of the foregoing or directly into a sewer, shall be ~egarded as a "fixture". Section 14. That the bonds herein authorized shall be sold in such manner and at such time or times as may hereafter be determined by resolution of the City Council. So much of the proceeds of sale as represents accrued interest shall at the time of the delivery of the bonds to the purchaser be paid into the Bond Fund. So much of the remainder of the proceeds of sale as is not required for the payment of incidental fiscal, legal and engineering expenses which are due and owing at the time of the issuance of the bonds shall be deposited in a special trust account in a bank or banks in the City of Delray Beach, Florida. Said bank shall hold and dispose of said proceeds in accordance with the terms of a letter which shall be directed to said bank and executed by the Mayor and City Clerk of the City of Delray Beach and approved by the original purchaser of the bonds. Section 15. That the provisions of this resolution and the Water Revenue Certificate Ordinance shall constitute a contract between the City of Delray Beach and the holder or holders of the bonds herein authorized, and after the issuance of any of ssid bonds~ no change, variation or alteration of any kind in the provisions of said ordinance or this resolution shall be made until all of the bonds have been paid in full except as provided in Section 17 hereof° Section 16. That in addition to all other rights enjoyed~ by the holders of the bonds herein authorized, such holders shall have the right by mandamus or other appropriate suit or action in any court of competent jurisdiction to enforce his or their rLghts against the City of Delray Beach, the governing body thereof, and any and all officers and agents thereof, including but without limitation, the right to require said city and its governing body to fix and collect rates and charges fully adequate to carry out all of the provisions and agreements in this resolution contained. -25- Section 17. That the holders of seventy-five per cent (75%) in principal amount of the bonds herein authorized at any time outstanding (not including in any case any bonds which may then be held or owned by or for the account of the city, but including such refunding bonds as may be issued for the purpose of refunding any of the bonds herein authorized if such refunding bonds are not owned by the city), shall have the right from time to time to consent to and approve the adoption by the city of resolutions or ordinances modi- fying or amending any of the terms or provisions contained in this resolution or the Water Revenue Certificate Ordinance in the manner and to the extent provided ia Section lB of the Water Revenue Certif- icate Ordinance. This right, however, shall not be construed to authorize the amendment of the Water Revenue Certificate Ordinance without obtaining the consent of 75% in principal amount of the certificate holders while any of said Water Revenue Certificates is outstanding. Section lB. That John Ross Adams, as attorney for the City of Delray Beach, is hereby authorized and directed to take appropriate proceedings in the Circuit Court of the F~fteenth Judicial Circuit of Florida in and for Palm Beach County for the validation of said bonds, and the Mayor and City Clerk are hereby authorized to sign any pleadings in such proceedings for and on behalf of the City Council of the City of Delray Beach. Section 19. That if any section, paragraph, clause or provision of this resolution shall be held to be invalid for any reason, such invalidity shall not affect the validity or enforce- ability of any of the remaining provisions hereof. Section 20. That all resolutions or orders or parts thereof in conflict herewith are to the extent of such conflict hereby repealed. Adopted and approved November 6, 1961. /s/ OEORa v. WARREN Mayor Attest: /S/ R.D. WORTHINO City Clerk -26- The foregoing resolution and the forms of revenue bond and interest coupon therein contained are hereby approved by me as to form, language and execution this 6th day of November, 1961~ JOHN ROSS AD.~S City Attorney (Other business not pertinent to the above appears in the minutes of the meeting.) Pursuant to motion duly made and carried the council adjourned~ /S/ GEORGE V. WARREN Mayor Attest: /S/ R. Do WORTHING -27- STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I, Ro Do WORTHING, do hereby certify that Z am the duly qualified and acting City Clerk of the City of Delray Beach, Palm Beach County, Florida. I further certify that the above and foregoing constitutes a true and correct copy of the minutes of a meeting of the City Council of said city held on November 6, 1961, and of a resolution adopted at said meeting, as said minutes and resolution are officially of record in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of the City of Delray Beach this 6th day of November, 1961o City Clerk (SEAL) RE~OLUTION NO. 1357. A RE~OL~ION OF THE CITY COUNCIL OF THE CITY 0P DELRAY BEACH, FLORIDA, O~/)F~ING T}~E CON- ~TR~TION OF ~T~M D~I~ ~0~ T~ A~ ~0~ AS T~ N. E. 22~ ST~ A~ S~O~T BO~- VA~ D~INAGE PRO.T, TOGE~ WITH INSTA~ ~TION O~ CASH BASINS, ~N-HO~ A~ APP~TE- NANC~ ~ CON~CTION WITH S~H STORM D~INS. WHEREAS, the City Council of the City of Delray Beach, Florida, did, on the 6th day of November, A.D., 1961, adopt Resolu- tion No. 1356 requiring the City Manager to prepare plans and speci- fications for certain storm drains, and an estimate of cost of such improvement to be placed on file in the office of the City Manager. NOW, THERE~0RE, BE IT P~SOLVED by the City Council of the City of Delray Beach, Florida, that it is determined to make the following described improvement, to-wit: CONSTRUCTION of Storm Sewer Drains for the area known as the N. E. 22nd Street and Seacrest Boulevard Drainage Project, to- gether with installation of catch basins, man-holes and appurtenances in conjunction with such storm drains, the estimated cost for which improvement is $9,1~0.00 and Benefited Drain Field Area determined to be described as follows; being a parcel of land in Sections 4 and 9, Township 46 South, Range 43 East, in the City of Delray Beach, Palm Beach County, Florida, more particularly described as follows: COMMENCE at the intersection of the easterly extension of the north line of Lot 2, Block C, Lake Heights with the easterly r.ight-of-way line of N. E. 2nd Avenue (Seacrest Boulevard); thence southerly along the east right-of-way line of N. E. ~-nd Avenue to the northwest corner of the S 31' of the E 115' of the W 155' of the N~ of S~ of NE~ of SW~** of S~, of Section 4-46-43~ thence easterly 11%'; thence southerly 31'; ~hence easterly 178.1%'; thence south- erly 171.8%'; thence easterly along the north right-of-way line of N. E. 2P. ud' Street to the intersection of the northerly extension of the east line of Lot 18. Block 4, Northridge; thence southerly along the east line of Lots1§ and 6, Block 4, North~idge to the southeast corner of said Lot 6; thence southwesterly to the northeast cor~. er of Lot 2, Block %, Northridge; thence southerly along the east line of Lots 2 and ?, Block 5, Northridge to the southeast corner of said Lot 7; thence southwesterly to the northeast corner of Lot ?, Block 6, North~idge; thence southerly along the east line of said Lot ? and continuing southerly to a point 222.0?' south of the southeast corner of said Lot 7; thence southwesterly to the northwest corner of Lot 80, Plumosa Pa~k; thence southwesterly across N. E. 2nd Avenue to the southeast corner of the North 100, of S 200' of N 248.85' of Lot 3?, Sectiea 9-46-~3 lying west of the. west right-of-way line of N. E. 2nd Avenue less the W468' thereof, thence westerly along the south line of the N 100' of S 200~ of N 248.85~ of said Lot 3?, Sec- tion 9-46-43 lying west of west right-of-way line of N. E. ~nd Avenue less the ~ ~68' thereof and Lots 22, 23, 2~, 25 and 26, Bonniecrest 3rd Addition, to the southwest corner of said Lot 26, Bonniecrest 3rd Addition; thence nO~t~ along the west line of Lot 26, Bonniecrest 3rd Addition; Lots 14 & 1, Block 2 and Lots 1~ & 1, Block 1, Swinton Heights also Lots 10, 11 & 12, Block 3 and Lots 10, 11, 12, 13 & 14, Block 1, N.orthridge to the northwest co~ner of said Lot 14,. Block 1, Northridge, thence easterly along the north line of Lots 1~, 15, 16, 17, 18, 19 & 1, Block 1, Northridge to the northeast corner of said Lot 1; thence northerly along the west right-of-way line of N. E. 2nd Avenue to the southeast corner of Lot 3, Block C, Lake Heights; 99 . thence westerly along the south line of Lots 3 & 4, Block C, Lake Heights to the southwest corner of said Lot 4; thence northerly along the west line of said Lot 4 to the northwest corner thereof; thence easterly along the north line of said Lot 4 to the northeast corner thereof; thence northerly along the west line of Lot 2, Block C, Lake HeiSts to the northwest co~ne~ thereof; thence east- erly alon~ ~e no~th l~ne of sa~d ~t 2 ~d easterly extension there- of to POI~ ~ B~I~ING. B~ IT F~T~R ~OL~ that the enti~e cos~ of such i~ove- ~nt shall be s~ed by the City of ~l~ay Beach, Florida, ~d the followin~ described p~ope~ties in Del~ay Beach, Pa~ Beach Co~ty, Florida, on a basis of Delrey Beach payin6 percent of ~e cost of said improvement and the p~ope~ty ~ers of said pro- parties, sho~ bel~, paying pemcent of ~e total cost, by Special Assessment. Northridge 2 1 7,383 " 2 2 7,452 " 2 3 7,452 " 2 6 " 2 7 7,452 " 2 8 7,383 Northridge 3 1 8,370 " 3 2 8,820 " 3 3 8,8_54 " 3 4_ 8,680 " 3 5 8,5;60 " 3 6 7,668 " 3 ? 7,668 " 3 8 7,668 " 3 9 5,313 " 3 10 8,422 " 3 11 8,640 " 3 12 8,230 Nor thmidge 4 6 8,325 ,, ~ 8,325 8,3a5 " 4_ 9 9,261 "4 10 8,2J~ " 4 11 8 793 "4 12 8 827 " 4 13 8 . 861 "4_ 14 8.380 " 4 15 8,505 "4_ 16 8,505 " ~. 11~ 8,505 " 8,5o5 Bonniecrest 3rd Addition 22 8,000 " " 23 8,000 " " 24_ 8,000 " "25 8,000 " " 26 10,505 Lake He ~ghts C 2 9,360 " O 3 9,338 " " 0 ~ 11,942 Northrldge 1 1 8,120 " 1 2 8,163 " I 3 8,193 " 1 4 8,161 " 1 5 8,560 Northridge 1 6 7,668 " 1 7 7,668 " 1 8 7,668 ." 1 9 8,313 " 1 10 7,607 " 1 11 8,214 " 1 12 8,224 " 1 13 8,23~ " 1 ~ 8,320 " 1 ~ 7,841 " 1 16 7,8[~1 " 1 17 7,841 " i 18 7_, 8~1 " 1 19 ~, 093 " 5 3 ~ 047 " 8,117 ,, 55 4~ 8,117 " 5 6 8,047 " 5 7 8,047 Northridge 6 " 6 ~ 8,325 8,325 " 6 9 8,832 " 6 10 8,433 " 6 11 8,676 " 6 12 8,283 Section 4-46-43, S 92.87' of of 3W¼ less County road__. 27,224 " " " " ~ 78.,~8, or w~ o~ s¼ o~ ~ o~ sw¼ of $~, less County Road P~, and S 31' of E 115' of W 155' of N~ of o~ s~ or m~¼ o~ sw¼ or sw¼ 26,718 Section 9-46-43, N 100' of S 200' of N 248.85~ of Lot 37 lying ~ of W R/W line of N.E. 2nd Ave. less W 468' thereof 19,113 " " " " S 368.81' of N 393.84.' of Lot 38 lying East of E~ly R/~ line of N. E. 2nd Avenue 40,362 " " " " P~operty of Board of Public Instruction lying in Lot 38. 72,893 " 1 2 /,, .91 " " 1 3 7, ~8 ? " " 1 4 7, .84 " " 1 5 7,, .80 " " 1 6 87 37 " " 1 7 167 " " 1 8 9,385 " " 1 9 7, ~00 " " 1 10 7,500 " " 1 11 7,500 " " 1 12 7,500 " " 1 ~ 7,500 " " 1 13,292 Swinton Heights Z 1 13,292 " " 2 2 7,500 " " ~ 3 7,500 " " 2 4~ 7,500 " " 2 ~ 7,500 " " 2 6 7,500 '3'"' Swinton HeiSts 2 7 10,065 " 2 8 10,551 " " 2 9 7,500 " " 2 10 7,500 " " 2 11 7,500 " " 2 12 7,500 " " 2 13 7,500 " " 2 14 13,292 said benefits to be determined within the Drain Field Area in propor- tion to the benefits which will accrue to said lands. AND BE IT FURTHER RESOLVED that said special assessments against all of the lots and lands as set forth herein, which are specially benefited, shall be and remain liens superior in dignity to all other liens, except liens for taxes, until paid, from the date of the assessment upon the respective lots and parcels of land assessed, and which shall bear interest at the rate of eight (8) per cent per annum, and which may be paid in three (3) equal yearly installments with accrued interest on all deferred payments. Pay- ments shall be made at the same place that taxes payable to the City of Delray Beach are paid, namely, at the office of the City Tax Col- lector, and upon failure of any property owner to pay any annual in- stallment due, or any part thereof, or any annual interest upon de- ferred payments, the City of De]may Beach may bring necessary legal proceedings by a Bill in Chancery to enforce payment thereof with all accrued interest, together with all legal costs incurred, in- cluding a reasonable attorneyts fee. The total amount of any lien may be paid in full at any time, with interest from the date of assessment. IT IS ORDERED that the City Council shall sit at the City Hall, in the City of De]may Beach, Florida, at 8:00 P.M., on Monday, November 20th, 1961, for the purpose of hearing objections, if any, on said proposed improvement, as set forth herein. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida on this the 6th day of November, 1961. MAYOR ATTEST: City Clerk ORDINANCE N0. G-414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 0F DELRAY BEACH, FLORIDA AtteNDING ORDINANCE NO. G-386 PERTAINING TO THE tt0LDING AND EXHIBITION OF CARNIVALS AND CIRCUSES WITHIN THE MUNICIPAL LIMITS ~{EREAS, the City Council of the City of Delray Beach on February 13, 1961, passed on Second Reading Ordinance No. G-386 whiuh Drohibits all travelling or professional carnivals and circuses from being held or exhibited within the municiDal limits, and ~'.IHEREAS, the City Council of the City of Delray Beach has subsequently determined that there are sites within the municipal limits where a travelling or orofessional carnival or circus could be located without dfstnrbing the residents of the city; NOW, THEREFORE, [~E IT 0?D~INED BY THE CITY COUNCIL OF TWE CITY OF DELR~¥ BEACh, FI~!D~ ,IS FOLLOWS: Ordinance No. G-386 is hereby amended to read as follows: SECTION 1. T~at all travelling or professional carni- vals and circuses are hereby ~rohibited from being held or ex- hibited w~thin t~e municipal limits except in the following area within the city: That certain area bounded on the East by ~th Avenue West; on the South by S.W. 3rd Street; on the West by the right of way of the Seaboard Railway; and on the North by N.W. 4th St. SECTION 2. That the City Council reserves the right to establish hours of operation on each case where a~lication is made for a license to o~erate a travelling or ~rofessional carnival or circus within this area. SECTION 3. T~at nothing herein cor~ained shall be deemed a waiver of the Comncil's right to refuse a license to any ~articular travelling or ~roEessional carnival or circus uDon a determ~nation that a~ro~al thereof would not be in the best interests of the citizens of this city PAS~ED AND ADOPTED T[~IS THE 6th day of November, 1961. ~S/ George V. Warren MAYOR ATTEST: /S/ R. D. Worthing City Clerk First ~eading Oct. 16, 1961 _ Second Reading Nov. 6, 1961