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09-14-54 A Regular Meeting of the City Council of the City of Delray Beach was held in the Council Cb~_.mbers at 2:30 P.M. with Mayor City Catherine E. S.g~ong in the Chair, Manager W.E. Lawson, City Attorney Nell MacMillan, and the following Council members p~esent.' Glenn B. Sundy and Mrs. Alma E. Woehle, a quorum being pre sent. An openi~ prayer was delivered by Rev. A; W. Rich. ' The minutes of August 24th were approved as corrected and the ~inutes of September 10 approved as written, upon motion of Mrs. Woehle, seconded by Councilman Sundy, and unanimously c art ied. The following-resolution was then read: RESOLUTION 930 A RESOLUTION MAKING APPROPK[ATION OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1BT DAY OF OCTOBER, 1954, TO THE 30TH DAY OF SEPTEMBt~, 1955; TO PRESCRIBE THE TERMS, CONDITION~ AND PROVISIONS WITH RESPECT TO THE ITE~5 OF APPROPRIATION AND ~HEIR PAYMENT; AND TO REPEAL ALL REBOLUTIONS ~tOLLY IN 00NFLICT WITH THIS RESOLUTION, AND ALL RESOLUTIONS INCONSISTANT WITH THIS RESOHUTION TO THE EXTENT OF SUCH I/~ONSISTENCY; AND TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRA.Y BEACH FOR NAIN- TENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS AGAINST THE PROPERTY LOCATED IN THE FORMER CITY OF DELRAY, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. BE IT RESOLVED by the Cour~il of the City of Delray Beach, Florida; 'that the following sums of money be, and hel~by are appropriated upon the terms, conditions, and provisions herein before and hereinafter set forth: eE ESTIMATED EXPENDITURES: Legislati ye 1,480. O0 Executive 11,460.. O0 Judi ci al 1,52~. O0 Elections 600. O0 Department of Finance 33,305. 00 Department of Law 2,480.00 Advtsory 0ffi ces & Boards 11,235.00 - Department of Public Safety 132,225.00 · Department of Public Works 151,830.00 Chari tie s . 2,100.O0 Lib rarie s 17,000.00 Department of Recreation 69,570.00 Non-Dep artment al Miscellap_ eous 21,910.00 Capit al Outlays 65,895. O0 Interest Charges & Bond Redemp 10~,000.00 Transfers 2§, 000.00 Reserve .for Streets . 37,180~00 TOTAL EXPENDITURES $691, ?95.00 ESTIMATED REVEN~E: General Property Taxes 38_4, 000.00 Other Local Taxes 84, 025.00 Licenses and Permits 4,250.00 Fines, Forfeitures & Penalties 13,550.00 Revenue from use of Money & Prop 2,000.00 !55 SFmTEM W,R 14, 1954 Revenue from Individuals and Other Agenc ies 92, 500.00 Sales and Charges for Current Ser¥ 10,650.00 Contributions and Transfers from Other Funds 32,000.00 Una pp rop ria ted Burp lus 8,820.00 TOTAL ESTIMATED ~EVENUE --691,795.00 GRAND TOTAL GENERAL. FUND 691,795.00 WATER FUND ESTIMATED EXPENDITURES: Administration & General Expense 11,265.00 Source of Supply 17,680.00 Treatment and Purification 19,090;00 Transmission and Distribution 57,965.00 Accounti~ and Collection 12,000.00 Mi scel laneous Expense 78,000.00 TOTAL ESTIMATED EXPENDITLRES 196,000.00 ESTIMATED REVENUE: Water Sale s 140,000.00 ~ennec ti on Charges 6,000.00 Service Charges 500.00 Fire Hydrant Service Charge 8,120.00 Unappropriated Surplus 41,380.00 TOTAL ESTIMATED REVENUE 196, 000.~00 ~ TOTAL. WATER FUND 196,0q0.~0_0 VENUE ESTIMATED EXPENDITURES: Delray Beach Country Club 171,700.00 TOTAL ESIMATED EXPENDITURES 171,700.00 ESTIMATED REVENUE: Membership Dues 18,000.00 Greens Fees 40,000.00 Locker Rentals 500.00 ' Miscellaneous 200~ 00 Proceeds of RevenueCertificates 100,000.00 Transfer from General Fund 13,000.00 TOTAL ESTIMATED REVENUE 171,700.00 GRAND TOTAL SPECIAL REVENUE FUND 171,700.00 156 SEPTEM]SER 14, 1954 ARTICLE IV. CONDITIONS RELATING TO A?PROPRIATIONS: Section 3,1 - Ail the monies herein before appropriated are appropriated upon the terms, conditi ons, and provisions herein before and hereinafter set forth. Section 3.2 - SubJedt to the qualifications contained in this resolution all appropriations made out of the General Fund are declared to be maximum, conditional, and proportion- ate appropriations, the purpose being to make the appropria- tions payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October 1954, and terminating the 30th day of September 1955, for which the appropriations are made, are sufficient to pay all the appropriations in full; otherwise the said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund, ~is to the total amount of revenues estimated by the City Council to be available in the period commencing the 1st day of October 1954, and terminating the 30th day of September 1955. Section 3.3 - All balances of the appropriations payable out ~of the General Fund of the City Treasury unencumbered at the close of bus~ness on the 30th day of September 1955, except as otherwise provided for, are herby declared to be lapsed into the City ~reasury and may be used for the payment of the appropriations which may be made in any appropriation resolution for the fiscal year commencing the 1st day of October 1954.~ Provided, however, nothing in this Section shall be construed to be applicable to unencumbered balances re- maining to the credit of the Water Fund or any funds created by the setting up of speci~.l revenue, but such balances shall be used in financing the proposed expenditures of these funds for the fiscal year commencing the 1st day of October 1954. Section 3.4- No department, b~reau, agency, or indi- vidual receiving appropriations under the provisions of this resolution shall exceed the amount of its or his appropriation except with the consent and approval cf the City Council first obtained; and if such department, bureau, agency or individual shall exceed the amount of its or his appropriation without such consent and approval of the City Council, the administra- tive officer or individual, in the discretion of the City Council shall~be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 3.5 - Nothing in this resolution shall be con- strued as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Flori da. Section 3,6 - None of the moneys enumerated in this resolution in°connection with the General Fund, Water Fund, or any other fund of the City shall be expended for any purpose than those for which they are appropriated, and it shall be the duty of the City Clerk to see that this section is complied with in all respects and report to the City Council any violations thereof. Section 3.7 - Ail moneys collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. 157 SEPTEMBER 14, 1954 Section 3.8 - The foregoi~ng budget be and hereby is adopted as the official budget of the City of Delray Beach for the aforesaid period. Provided, however, that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures which have been included in this re soluti on. AR?I CLE V. TAX L VM Section 4.1 - That thereshall be and hereby is appro- priated for the General Fund operations of the City the revenue derived:-from the tax of fifteen (15) mille per one (~l.O0) dollar of assessed valuation, which is hereby levied on all taxable property within the City of~elray Beach for the fis- cal ~e ar commencing October l, 1954 and terminating September 30, 1955, the assessed valuation on all taxable property for operating purposes within the City of Delray Beach being $19,381,353.00 for operation and/or maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources than the tax levy for current bond service, and that part of collection ef delinquent taxes levied for bond service. Section 4.2 - That the amount of money necessary to be r~ised for interest charges and bond redemption which con- stitutes a general obligation bonded indebtedness of that portion of the City of ~elray Beach, which was formerly the City of Delray, is $68,878.00, and that there is hereby ap- propriated for the payment thereof, all revenues drived from the tax levy of six(~6) mills per one ($1.00) dollar of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 1954 and terminating Sep- tember 30, 1955, upon the taxable property in that portion of the City 'of Delray Beach which was formerly the City of Delray, the assessed valuatio~ being ~17,167,149.00e ARTICLE VI. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, this 14th day of September A.D., 1954. Cathe tine E. Strong /s/ Mayor ATTEST R. D. Worthing /s/ City Clerk The salaries for the Youth Recreation Center (White) were increased from ~5080.00 to $5930.00 upc~ suggestion of the City Manager. Other expenses for the Youth Center were de- creased to ~1~50.00 from $2700.00. Councilman Sundy moved that the salaries be increased to the above figure. The motion was seconded by Mayor Strong and upon call of roll Councilman Su~dy and Mayor Strong voted in favor of the motion and Mrs. Woehle opposed. A motion was then made to adopt the foregoing resolution by Counci~'~tman Sundy~ seconded by Mrs. Woehle and unanimously carried. A letter was read from Mr. Pomeroy L. Dunbar, Right-of-way agent for Palm Beach County, asking that consideration be given to a quit-claim deed for additional right-of-way on U.S. High- way No. I in order to widen the highway to the proposed four lane s. Mr. MacMillan stated it would be the proper' procedure to SEPTEMB~q 14, 1954 issue the deed and suggested that a reverter Clause be included in the event the right-ofrway is not used for t?mt purpose. A motion was made by Mrs. Woehle that the granting of this property to the State Road Department for right-of- way be approved, with a reverter clause included~ so that it will revert back to the City if not used for widening U.S. Highway No. 1. The motion was seconded by Councilman Sundy and unanimously carried. A resolution was read which was adopted by the County Commission fixing set-back requirements for p~operty on Federal Highway south of Delray Beach. The City Manager was ~instructed to forward the information to the Planning Boa rd. Dr. M. E. Buerk Ks appointed City Health 0fficerupon motion of Councilman Sundy, seconded by Mrs. Woe?~le and unanimously carried. Mr. Lawson reported the following estimates for paving SE 4th Street: Sand seal surface - 1/4 inch $2700.00 Plant mix- 1 inch $3400.00 It was pointed out that there is no railroad crossing from SE 2nd to SE 10th Street an~ since the FEC had completed the crossing gate on 4th Street, the Council's previous decision to pave this road should be carried out. A motion was made by Councilman Sundy, seconded by Mayor Strong and unanimously carried, instructing the City Manager to obtain bids for paving SE 4th Street from Swinton Avenue to SE 3d Avenue, using plant mix. A letter from the VFW was read, requesting that the lease now in eff~ect~ for a portion of land at sE ~Oth Street be amended so as to permit using the property as a baseball fie Id. A petition ~es also read from several property owners in the vicinity, objecting to another field being created in the southeast section of the city. Mr. Lawrence C. Smith addressed the Council stating the field was being planned for the benefit of boys from 13 to 17 years of age, with the idea in mind of furnishing recrea- tion thereby minimizing possible Juvenile delinquency. The request and petition w~re referred to the Planning Board for their review and recommendations, upon motion of Mrs. Woehle, seconded by Councilman ~undy and unanimously carried. The following resolution was read, 'listing ~vacant lots which require clearing in~acqordance with Qrdinance G-14?: RESOLUTION DECLARING CERTAIN LANDS IN THE CITY OF DELRAY BEACH, FLORIDA, TO CONSTITUTE A NUISANCE IN VIOLATION OF ORDINANCE G-147. A motion was made by Councilman Sundy, seconded by Mrs. Strong that the resolution be adopted. Upon call of roll the motion did not carry, Mayor Strong and Councilman Sundy voting in favor of the resolution and Mrs. Woehle vot ing o~pos ed. A resolution was then read requesting the County to take steps to correct drainage problems in the city, as follows: SEPTEMBER 14, 1954 RESOLUTION NO. 931 RESOLDTION OFT HE CITY OOUNCIL OF THE CITY OF E~RAY BEACH, FLORIDA. ~TEREAS, there are certain County and/or designated State Roads in the City of ~elray Beach from which rainfall does not properly drain at certain points; and WHEREAS, as a result o~ said improper drainage the said streets are comstantly in a state of disrepair and construc- tion, all of which causes the citizens of Delray Beach great inconvenience and hardship; and WHEREAS, it is believed that said points of improper drainage could be corrected either by adjustment of road grades at those points, or by provision for adequate drainage; and W~REAS, the City of Delray Beach is without funds to make the necessary improvements to. correct said condition. NOW, THEREPOPd~, the City Council of the City of Del~ay Beach, does hereby respectfUlly petition the County to correct said dminage conditions at the following described points: (a) On N.E. 5th Avenue, between 3rd and 4th Streets (Old Dixie ) (b) Ocean Boulevard, south of 8th street at Atlantic Ocean. (c) Various spots on Swinton Avenue, from Atlantic Avenue north. That a copy of this resolutioh be forwarded to the County Commissioners, Palm Beach County, State of Florida, and a copy be fuA~ished the Honorable Commissioner, Ben F. Sundy. PASSED AND ADOPTED in Regular Session, this the 14th day of September A.D., 1954. /s/ Catherine E. Strong Mayo r ATTE ST: /s/ R.D. Worthing City Clerk SEAL The resolution was adopted upon motion of Mrs. Woehle, seconded by Councilman Sundy and unanimously carried. The City Manager was instructed to determine exactly what the requirements for the~e improvements '~ould be and to confer with the County regarding action on the resolution. The Council discussed the need for a crossing gate at NE 14th Street, and after being advised that the right-of-way is on City property, a ~otion was made by Mrs. Woehle that a petition be submitted to the FEC Railro ad Company asking for a gate at this crossing. Councilman Sundy seconded the motion and it carried unanimously. The following ordinance was then read: ORDINANCE OF THE CITY OF DEL. RAY BEACH, FLORIDA, REPEALING SECTION 54B OF CHAPTER XVII OF TH~ CiTY CODE OF THE CITY OF DELR~ BEACH PERTAINING TO SPEED OF TRAINS. 160 14, 1954 Cour~ilman Sundy was not in favor of adopt~g the ordinance until afte~ a c~sing gate i~ installed at NE 14th Street. He felt tkatltf the speed ~st~te$tons ~e lifted now t$ would rake t~t e~ss~g even ~e ~nge~ous. A motion was made by ~s. Woehle to place the o~inanoe on first ~eadfng. Ma~ Strong seconded the motion w~ch was not ca~rted. Upon call of ~11 ~yoP St~ and M~s. Woe~e ~oted in favoP of the o~nanoe ~d Counol~an ~y void oppos ed. A ~quest was ~ad f~m ~. C~Ples C. He~ing, ask~g fo~ pe~isston ~ use Lots 56, 57, 58, 91, 92, ~d 93, Block 133, Pa~ Bq~re, for pa~i~. Since this was a deviation request a motion was ~de by Mrs. ~ehle ~referr~ng it~t~ the P~nni~ B~rd. Co~ci~ S~dy se~nded the motion ~ich carried unanimously. T~ followi~ it,s include~ in the Pla~i~g Boa~ report ~re then ~scussed= (a) ~e Board ~co~e~ed a~pro~i of a pl~t of Tho~s · . Edw~ds, subject to a final plat sho~g water lines, ease, merits, etc. ' A ~tion was made 'by ~s. Woehle to accept t~ Board's reco~ndation ~ ~pprove the Plat, subject to the approval of t~ City' ~na~ and a final plat as outlined above. The motion was seconded by Counctlm~ S~dy '~d ~imously c~ried. (b) The Board reco~ended denial of a request f~m Ken Bacheller for deviation in setbacks in Sw~ton Heights. Bacheller desired to use 25 a~ 30 foot setbacks instead of ~he required 35 feet fo~ Residence A zones. The Co~ctl was ~t ~ favor of 25 f~t setbacks ~d upon motion of Oo~ilm~ S~d~, seconded by ~s, Woehle and ~ani- ~uslycarried, Cou~il denied the 25 feet and ~anted 30 f~t setbac~ fo~ Swinton Heights. (c) The B~rd ~co~nded t~t the City~c~se Lots 4 ~d 5, Bl~k 4, Ocean P~k for the beach ~resub-station. T~y felt the p~posed site on a lot 50 x ~ feet ~d h~pe~ the use of the lot for p~king because of the possibility of en- larging the building in the ~ture ~d p~venting egress f~m the park t~ lot. T~ Cou~il a~eed that the ~ig~al proposed si~ (S 50' of N 65.5' of N. Ocean Beach Lot 15} should be used, and upon ~tion of Cou~i~ S~dy t~ matter was refe~ed to~ the Planing Bo~d ask~g for a side yard set-back deviation on ( the north l~e of the property. Mrs. Woe~e ~co~ed the motion and it ca~ied u~ntmously. (d) T~ Board reco~nded t~t NE 5th Street be ab~doned f~m NE 5th Ave. west to the FEC R/W or ~anti~ a set-back request from Miles Denery on Eot 1, Drin~ater addition. A motion was made by Co=l~an S~y, seco~ed by Mrs. Woehle and u~ni~usly c~ried, to ~nt the deviation ~uest. Bills ~ the a~unt of ~25,727.71 were app~ved for pa~e~ subject to the approval of the Finance Co~ittee, upon ~tion of Cou~i~n S~dy, ~conded by Mrs. Woehle and unani~usly carried. ~. Lawson stated the o~er of a trian~lar strip of land in Block 80 had p~posed to de~ca~ 116 feet of the property to the city, l~ving ~ ~paid asses~ent of ~205.55. It was agreed t~t t~ la~ wo~d be of no value to the City and upon ~tion of Cou~i~ S~dy, seconded by Mrs. Woehle and un~i- mously carried, the offer ~s denied. 161 14, 1954 The Council discussed the problem of stray animals being allowed on the streets. The City Manager was instructed to take necessary action to have the animals cauEht. · Mayor Strong suggested that unpaid delinquent improvement liens be turned over to the City Attorney for collection. The ~tty Clerk stated approximately 70 percent 9ff the unpaid balances of imp~ovement liens are delinquent. Mr. MadMillan suggested that the city advise by letter that .::. the y are ,contemplating tttrnlng the liens over to the City Attorney and are offfering the people an opportunity to pa~~ their assessments before it is necessary to Charge them court cos t s. It was decided that a form letter would be sent out gi~Lug the people sixty days Bo reply. Mr. Lawson announced that Mr. Charles R..Chevalier was to begin his duties as Director of Public Works September 15, 1954. The meeting then adjourned. APPROVED: ~ Mayor ATTEST: C"it y Clerk