05-24-76 MAY 24, 1976
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:30 P. M., Monday,
May 24, 1976, with Mayor James H. Scheifley presiding, and City Manager
J. Eldon Mariott, City Attorney Roger Saberson, and Council members
John E. Gomery, Jr., David E. Randolph, Aaron I. Sanson, IV., and Le~n
M. Weekes, present.
1. The opening prayer was delivered by Rev. Gaines, St. John's
Primitive Baptist Church, Delray Beach.
The Pledge of Allegiance to the Flag of the United States
f America was given.
The minutes of the regular meeting of May 10, 1976 and the
pecial meeting of May 20, 1976 were unanimously approved on mo~ion by
Mr. Sanson and seconded by Mr. Weekes.
4.a. Mr. Randolph stated the bylaws of the Community Development
Committee have been approved. These bylaws require an alternate
appointment to the Citizens Advisor~ Council because of the high rate
of absences at the meetings. Mr. Randolph stated he was nominated by
the Citizens Advisory Council and was confirmed by the Board of County
Commissioners. The bylaws state any member missing three consecutive
meetings will automatically be "let go" from the Board. An alternate
member is needed as soon as possible. Council was in agreement with
Mr. Randolph's suggestion that this item be referred to a workshop meet-
4.b. Mr. Sanson stated he would like to.individually commend the
Police Department for the excellent work done in the past two weeks for
control of the prostitution problem and also on the drug "busts" which
were made in conjunction with the Sheriff's Department. Mr. Sanson
added he hopes that the Police Department will keep up their efforts.
4.c. Mr. Sanson stated he would like to thank the Building Depart-
ment for their attention to his requests to remove illegal signs through-
out the City. Mr. Sanson added they have done an excellent job removing
these signs.
4.d. Mr. Sanson stated Council should discuss the procedure for
members to serve on the PERC Commission, as soon as possible. Mr. Sanson
suggested this item be placed on the next workshop agenda. Council was in
agreement with this suggestion. Mr. Sanson requested that the press place
an article in the newspapers advising that Council is looking for candidates
to serve on the PERC Commission.
Mayor Scheifley suggested that a one page resume be submitted by
anyone desiring to serve on a City board or commission such as PERC.and
~dded no one should be recommended to serve on any board unless he or she
las submitted this one page resume. Mr. Sanson added longer resumes might
~e helpful in this case because the resumes will have to be sent to the
~ERC Commission in Tallahassee. Mr. Sanson further stated, technically,
;he PERC Commission has to give their approval to the candidates.
4.e. Mr. Sanson stated he has had personal appeals and Council has
received appeals from Mayor Dorothy Wilkin of. Boca Raton to give attention
to the Real Estate Transfer Tax and Council should respond to this request.
Mr. Sanson added that looking at all the viable alternatives, he cannot
find any better idea than the Real Estate Transfer Tax to acquire added
revenue to improve the school qystem in Palm Beach County. For this reason,
Mr. Sanson stated he would vote to support sending notice to the Legislative
Delegation that Council supports the Real Estate Transfer Tax idea.
Mr. Sanson moved that Council notify the Palm Beach Legislative
Delegation Chairman of this Council's desire to have the Legislative
Delegation support the present bill pending before the legislature support-
ing four-tenths of 1% Real Estate Transfer Tax to finance public school
construction, seconded by Mr. Gomery. Mr. Weekes stated he is opposed to
this Real Estate Transfer Tax because it is a further burden on the owners
of property who are already overtaxed. Mr. Randolph stated he agrees with
~.Mro ~eek~s' ~stateme-~t ~o th~opposition of the Real Estate Transfer Tax.
~Mr. ~°me~Y~istated most of-the building of new schools is caused by the
.influx of people. Mr. Gomery added-he thinks part of the burden should
~be borne by those people.~-Upon roll call, Council voted as follows: Mr.
"GomerY-i Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mr. Weekes - No;
Mayor Scheifley - Yes. The motion passed with a vote of 3 to 2. Mayor
. Scheifley asked Mr. Sanson to prepare a telegram for his signature to
~ be sent to the Legislative Delegation.
5~.a.-~'~ ii Mr. E~nest S~hie~'1017 Bay Street, stated he feels the City
does not always get the best advice from its engineering consultants.
He stated a case in point when the consultants on the beach restoration
project advised the City that their tests indicated a very good grade
of sand could be pumped.in to replenish the beach. As it turned out,
the sand was gray and powdery and blew all over A-1-A and the properties
to the west. Mr. Schier advised he was pleasantly surprised recently to
see the beach at the north end being renourished by the~ocean with a good
grade and texture o2 beach sand.
Mr. Schier added he does not feel the term "continuing contract"
means that the City is forever bound to any firm of consultants to pay
their price without competition or competitive bids. Mr. Schier added he
wanted to commend Mr. Sanson for the stand he took in this matter, and
added he hopes Council will reconsider its action in tabling this subject,
which was done at the April 26, 1976 Council meeting.
5.b. Mr. Walter Houghton, 950 Tropic Boulevard, asked if anything
~6uid be done on a City or State level to protect Council from being liable
for law suits. He feels the Council members cannot act objectively or
freely when they are worrying about a law suit.
5.c. Mr. I. W. Kresser, 234 N. E. 17th Street, stated three weeks ago
he called the Department of Public Works about a stop sign which was
painted gray, at N. E. 17th Street and N. E. 2nd Avenue. He was then told
it was the Engineering Department who took care of signs. He called the
Engineering Department and gave them the pertinent information. Three
weeks have passed and the painted sign is still there. Mr. Kresser asked
why this has not been taken care of. Mayor Scheifley informed Mr. Kresser
this matter will be referred to the City Manager for consideration.
5.d. Rev. Semmie Taylor, 1437 S. W. 3rd Street, requested that the
Ministers of Alliance be advised of any difficulties that may arise in the
Community. Rev. Taylor also requested consideration be given for a public
golf course. Mayor Scheifley advised according to the agreement signed
in 1957 between Mr. Grimes and the City that in the 21st year of the
contract, the City could buy the course regardless of who owned it. This
means in 1978, the City and the owner of the course would each appoint
one appraiser and those two would appoint a third appraiser and come to
an a~reement on the price of this land. Mayor Scheifley feels 1978 will
be the proper time to consider purchasing this land for a public golf
course.
6~a.1. ~The City Manager presente~ Resolution No. 29-76.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH COMMENDING THE ATLANTIC
HIGH SCHOOL EAGLES BASEBALL, TRACK AND TENNIS
TEAMS FOR THEIR CONTRIBUTION TO THE COMMUNITY.
(Copy of Resolution No. 29-76 is attached to the official copy
~f these minutes.)
Mr. Sanson moved for'the passage of Resolution No. 29-76,
s~conded by Mr~ Randolph. Upon roll call, Council vote~ as follows: Mr.
~omery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes;
~ayor Scheifley - ~es. The motion passed with a vote of 5 to 0.
Mayor Scheifley presented copies of the re~olution to Coaches
~ay Rader, Ed Harris and Marilyn Elk. Mayor Scheifley stated Martin "Moe"
Wesley is the first athlete from Atlantic High. School to be named Athlete
~'f the Year by ~hannel 12 TV. Mr. Hawk, Principal of Atlantic High School,
expressed his appreciation to Council for this resolution.
- ~ - 5-24-76.
6.a.2. .City Manager Mariott reported that he was recently contacted
by the Jacksonville Office of Housing and Urban Development regarding
the Community Development Program. He, as President of the City Managers'
Association, along with representatives from around the State have been
invited to attend a meeting with HUD on June 2, 1976, for suggestions
on the improvement of the Program. The City Manager asked Council for
any suggestions.
6.b. The City Manager stated consideration is. to be given to
changing the starting time for Council meetings from 7:30 p.m. to 7:00
p.m.
Mr. Randolph moved that the regular time of the City Council
of the City of Delray Beach Council meetings b~ moved from the hour of
7:30 p.m. to 7:00 p.m. on the second and fourth Mondays of each month,
seconded by Mr. Sanson. The motion passed unanimously.
6.c. City Manoger Mariott stated the terms of Mr. ~ames J. Priest
and Mr. R. C. Keen, Jr. as members of the Building Code Appeal Board have
expired. They both agreed to serve if appointed by Council. The City
Manager added it is recommended that both be reappointed to the Building
Code Appeal Board to four year terms ending February 12, 1980.
Mr. Weekes moved that Mr. James J. Priest and Mr. 'R. C. Keen,
Jr. be reappointed to four year terms on the Building Code Appeal Board
with such terms ending February 12, 1980, seconded by Mr. Gomery, said
motion passing unanimously.
6.d. The City Manager reported that a previous workshop meeting,
he recommended a 16% rate increase in the refuse transfer plant fee. At
that time, this matter was referred to the Financial Advisory Board for
study and recommendation. The Financial Advisory Board at a meeting held
on May 6th, recommended by unanimous vote, concurrence in the 16% increase
previously recommended by the City Manager.
Mr. Sanson asked the City Manager what effect the 16% will have
on the citizens of Delray Beach regarding trash collections. The City
Manager replied it will have no effect because the 16% increase will be
paid with General Fund money; however, this rate increase will increase
the City's cost of operation by 16%, about $15,000 for the balance of
this fiscal year. The City Manager'added the City has budgeted $240,000 in
this year's budget for this service charge. Mr. Gomery asked the City
Manager what was the percentage of the price increase. The City Manager
replied about 9%.
Mr. Weekes moved that the 16% increase be granted; that the
amendment to the contract be prepared and executed by the City and that
the effective date be June 1, 1976, seconded by Mr. Randolph. The City
Manager stated the new rates will be $2.24 per cubic yard for compacted
refuse and $.90 per cubic yard for uncompacted refuse. The motion passed
unanimously.
6~e. The City Manager reported ~hat the May 13, 1976 workshop
meeting, Council agreed to place the item of authorizing the City Manager
to secure bids for filling in the municipal swimming pool on the beach,
demolishing the beach house, landscaping the site, and constructing a new
beach house on this agenda for official action.'
Mr. Sanson stated there might be some misinterpretation of
Council's feeling on this matter and stated he does not think it is any-
one's' intention to do away with a swimming pool and~not try to get a
new one in the future. Mr. Sanson stated his. feeling about the municipal
pool is if it were renovated and put back into operation, there would be
a pool with no. landscaping, improper setbacks which would be too small
an area to have people lounging around, and not suitable for swimming
meets of a formal nature. Mr. Sanson stated the bathhouse is in need of
extensive repair and added that what is needed for the City is a pool
which can be used for the youth of the town.
Mr. Sanson moved that the City Manager be instructed to secure
bids for filling in the municipal swimming pool on the beach, demolishing
the existJ, ng bathhouse, landscaping the site, and constructing a new
bathhouse, seconded by Mr. Weekes. The motion passed unanimously.
- 3 - 5-24-76.
6.f? ~:~he~I.~.a~_a~,~r~ ~p~r_~~ ~ouncil informally agreed at the
May. 1~,~_~.7~ ~ork~hQp-~mqeti~t~..~,d~n~he request for the opening of the
east-west alley be%ween_.S,-_E.-lst AwenDe and S. E. 2nd Avenue, one lot
south .of S. E.~-Sth ~Street.
~.-~.R~--s&nS~-ii~O~_d tha~.the-~reque~t to open this alley be denied,
seconded by. Mr~. Weekes..~Mayog~ Schei~f~y stated he looked at the alley which
backs onto the Fig.u~rp~oper~y and~-noted there is a large growth of weeds
and bushes. Mayor Scheifley asked City Manager Mariott if anything could be
done-about[%hi~.. The' ~.itY Manager ~eplied the City can check to determine
whether or not the alley fits the criteria to have it cleared by special
assessment. City Manager Mariott added he will have this checked. Upon
roll call, Council voted as follows: -Mr. Gomery - Yes; Mr. Randolph - No;
Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion
passed with a vote of 4 to 1.
6.g. The City Manager reported that the S. W. Drainage Project was
comPleted sometime ago and the assessment roll is being presented for
Council approval. City Manager Mariott stated the;~total cost of this pro-
ject was $1,233,-607.70 with funds coming from Federal Grant Funds in the
amount of $383,000;,the City's share by General Obligation Bond Issue
$603,335.54 which leaves one third to be assessed to the improved property
in the amount of $247,272.16. The amount of money which will be collected
from the total assessment against t~ese properties will be $33,194.61
less than the $247,272.16 or a net total assessment of $214,077.50. The
reason for this reduction is because of Governmental owned properties
within the benefited area and previously assessed properties for drainage
purposes. Therefore, the total assessment roll to be collected will be
$214,077.50.
Mr. Weekes moved that Council-accept the report of the City
Manager as to the cOst of the S. W. Drainage Project; that Council accept
the assessment roll; that Council authorize the City Manager to advertise
for a Public Hearing in connection with the assessment roll; and that the
Public Hearing be set for June 14, 1976 at 7:30 P. M. in the Council
Chembers at the City Hall, City of Delray Beach, seconded by Mr. Gomery.
The.motion passed unanimously.
Mr. Weekes asked, the City Manager t° state the square foot
assessment charge on the lots City Manager Mariott replied it is 2¢ per
square foot which is less than the~normal assessment rate for drainage
purposes. The reason it is less is that the City was able to obtain
$386,000 in Federal Grant money.
6.h. City Manager Mariott reported determination is needed whether
~r not to revoke all the Certificates of Public Convenience and Necessity
for Homar Taxi, Inc. d/b/a/ Delray Beach Taxi and Acme Taxi. A Public
Hearing was held on April 26, 1976.
City Attorney Saberson advised that at the April 26, 1976 Council
meeting, the return receipts for the sending of the notice of revocation
had not been received by the city. Subsequently, the letters were returned
unclaimed. Two employees of the Building Department personally delivered
a notice dated May 5, 1976 to the location of the taxi company. The notice
was posted and a copy is being incorporated into the minutes of this meet-
ing. A Public Hearing was held having been legally advertised on compliance
with the laws of the Charter of the City of Delray Beach. The City Attorney
s. tated since no one came forward, he recommends that Council revoke the
Certificates of Public Convenience and Necessity. City AttOrney Saberson
requested that the comments made by the City at the meeting of April 26,
1976, be incorporated as a p~rt of this hearihg by reference only.
Mr. Randolph moved that Council revoke the Certificates of
Public Convenience and Necessity for Homar Taxi, Inc. d/b/a/ Delray Beach
T'axi and Acme Taxi, seconded by Mr. Gomery, said motion passing unanimously.
Mr. Sanson stated he felt there are not enough taxis in the
City and asked the administration to prepare a list of current licensed
companies for Council review. Mr. ~anson inquired as to the status of
Smokey .Taxi Company. City Manager Mariott advised he will check into ?he
matter and report back to Council.
5-24-76.
131
Mr, Weekes stated there were applications from two other taxi services
who wanted to operate in Delray. At that ~ime, thei~ apPlicatiOns'were
denied in favor of locally owned taxis. Mr. Weekes added in the interest
of convenience for the citizens, would it be possible to contact these
two taxi companies and ask them if they would be interested in serving
the City. Council agreed to study the situation.
7.a. MayOr Scheifley acknowledged the minutes of the Beautification
Committee for the meeting held on May 5, 1976. Mayor Scheifley stated it
is his understanding that Council action is required on four items and
requested that these items be referred to a workshop meeting.
8.a. The City Manager stated Resolution No. 26-76 authorizing
negotiations for asphalt and slurry seal in lieu of requesting quota-
tions and authorizing construction has been prepared for Council's con-
~ideration. The total cost of the street improvements as estimated would
~e $232,415 and the total estimated cost of sidewalk improvements would
)e $47,955 with financing to come from the $600,000 Bond Issue. The con-
~truction period is estimated to be six months after beginning of con-
;truction.
Mayor Sch~ifley questioned the 145 foot sidewalk on N. E. 1st
Street from the First Federal Savings and Loan to the Adult Recreation
Center. Mr. Harvel replied the 145 feet was taken from the City plat;
this is an estimate as there is no definite dividing line as to where
the parking lot is in the particular block. Mr. Harvel added this actually
measures 245 feet. It is understood the sidewalk will cover an entire
block.
Mr. Wallin of the Planning and Zoning Board, asked the City
Manager what portion of expenditures is being assessed to the property
owners. City Manager Mariott replied informal decision was reached at a
prior workshop meeting that no special assessment would be made.
The City Manager presented Resolution No. 26-76.
A RESOLUTION OF THE C~TY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA,AUTHORIZING THE
ADMINISTRATION TO~ NEGOTIATE AND EXECUTE A CONTRACT
FOR THE PURCHASE OF APPROXIMATELY 7,500 TONS OF
ASPHALT AND APPROXIMATELY 14,500 SQUARE YARDS OF
SLURRY SEAL FOR UPGRADING CITY STREETS AND SIDE-
WALKS IN ACCORDANCE WITH THE EXHIBIT "A" ATTACHED
HERETO.
(Copy of Resolution No. 26-76 is attached to the official copy
of these minutes.)
Mr. Weekes moved for the passage of Resolution No. 26-76,
seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr.
Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes;
Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0.
~.b. The'City Manager presented Resolution No. 27-76 changing the
name of Teen Town to Claton Coleman Park in honor of Dr. Claton Coleman,
long-time educator and Principal of Spady School. Mr. Weekes stated
~urther consideration of this matter should be made due to letters
£eceived from the public.
Mr. Weekes moved this item be tabled until the next Council
meeting and this item be discussed at the ne~t workshop meeting, seconded
by Mr. Randolph."~Upon roll call, Council voted as follows: Mr. Gomery -
Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor
Scheifley - Yes. The motion passed with a 5'to 0 vote.
8.c. The City Manager'presented Resolution No. 28-76 naming the
Robert P. Miller Park, even though the park had previously been given this
name by motion of Council.
The City Manager presented Resolution No. 28-76.
- 5 - 5-24-76.
~ .~ ~..A.RESOLUTION.OF THE CITY COUNCIL OF THE'CITY
~ ~.~ ~.~.OFrDELRAY BEACH, FLORIDA, DEDICATING CERTAIN
~.. _~ ~. ~ LAND IN THIS COMMUNITY AS AN HONORARIUM TO
_~ .~._ ~ ROBERT P. MILLER IN RECOGNITION OF HIS DEDICATED
~ AND DISTINGUISHED SERVICE.
.~.. (Copy of Resolution No. 28-76 is attached to the official
co~y-bf these minutes.)
Mr. Randolph moved for the passage of Resolution No. 28-76,
secOnded by Mr. Gomery. Mr. Sanson stated he feels the name'of the Park
should reflect the bicentennial spirit as the park was built with
Federal Funds. Upon roll call, Council voted as follows: Mr. Gomery -
Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor
Scheifley - Yes. After discussion, Mr. Sanson changed his vote to Yes.
Therefore, the motion passed with a 5 to 0 vote.
8.d. City Manager Mariott stated Ordinance No. 15-76 was passed
on first reading on April 26, 1976. This Ordinance is relative to
establishing a two-hour parking limitation in the downtown area.
The City Manager presented Ordinance No. 15-76.
AN ORDINANCE RELATING TO TRAFFIC AND REGULATING
THE USE OF THE STREETS AND HIGHWAYS OF THE CITY
OF DELRAY BEACH; CREATING AND DEFINING PARKING
ZONES; PROVIDING FOR THE DESIGNATION OF INDIVI-
· DUAL PARKING SPACES; PROVIDING FOR THE INSTALLA-
TiON OF PARKING SIGNS; PRESCRIBING PARKING TIME
LIMITS; REPEALING CONFLICTING ORDINANCES; PRO-
VIDING FOR THE ENFORCEMENT THEREOF; DESCRIBING
OFFENSES AND PRESCRIBING PENALTIES; PROVIDING
THAT INVALIDITY OF PART SHALL NOT AFFECT THE
VALIDITY OF THE REMAINDER.
(Copy of Ordinance No. 15-76 is'attached to the official copy
of these minutes.)
The City Manager read the caption of the ordinance. A Public
Hearing was held,' having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach..There being no objections, the Public Hearing was closed. Mr.
Gomery moved for the passage of Ordinance No. 15-76 on second and final
reading, seconded by Mr. Randolph. Upon roll call, Council voted as
follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr.
Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0
vote.
8.e. City Manager Mariott stated the Planning and Zoning Board at
a recent meeting, recommended by unanimous vote Chapter 29 "Zoning"
Section 29~5 (F) (1) (b) building setbacks in the R-1AAA-B(Single Family
Dwelling) District be amended.
The City Manager presented Ordinance No. 20-76~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29
"ZONING" OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, AS AMENDED, BY CHANGING THE
SETBACK REQUIREMENTS FOR THE R-1AAA-B SINGLE
FAMILY DWELLING DISTRICT, SECTION 29-5 (F) (1)
(b); PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The City Manager read the caption of the ordinance. The City
Nanager stated this makes the following Changes in the setbacks:
~£ont setback - no change
Side setback - 15 feet to 12 feet
Side interior lot - 15 feet to 12 feet
Side street setback - 15 feet to 17 feet
Rear setback - 15 feet to 12 feet
- 6 - 5-24-76.
133
R~~O~d ~t~'~i: ~a~e ~O~-~Ordinance No. 20-76 on first
~aading, seconded:b~.~r;~Gom~r~- Upon roll call, Council voted as
f~llows:_Mr~..Go~ery~r~_Yq~._M~._RaQdp!ph - Yes; Mr. Sanson - Yes;
Mr, Weekes - yes; Maygr~Sghei~f!ey - Yes. 'The motion passed with a
8.f. The. City.Manager:stated Ordinance No. 21-76 designates the
~1 Planning Agency as required in the Lo'cal Government Comprehensive
Planning Ac%_qf-l~75..City Manager Mariott added it was informally
decided at~a prior workshop.meeting.to designate the Planning and Zoning
Board as the Local Planning Agency.
The City Manager presented Ordinance No. 21-76.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH PURSUANT TO SECTION 163.3174
OF THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING
ACT 0~' 1975 DESIGNATING THE DELRAY BEACH PLANNING
AND ZONING BOARD AS "THE LOCAL PLANNING AGENCY".
The City ~anager read the caption of the ordinance. Mr. Gomery
moved for the passage of Ordinance No. 21-76 on first reading, seconded
by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Gomery -
'Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor
Scheifley - Yes. The motion passed with a 5 to 0 vote.
9. There were no reports.
10. The City Manager recommended that Council authorize payment
of the City's bills. Mr. Sanson moved to pay the bills, seconded by
Mr. Randolph,' said motion passing unanimously.
General Fund ................ $227,642.90
Water and Sewer Fund ............ 378,867.12
Cigarette Tax Fund ............. 11,992.92
Utility Tax Fund . . ' ' . ...... 2,882.08
Refundable Deposits Fund .......... 10,000.00
Citizens Contribution Fund ......... 5,382.80
Federal Revenue Sharing Fund ....... 32,506.89
Mr. Gomery moved for the adjournment of the meeting, seconded
by Mr. Weekes, said motion passing unanimously. The meeting was adjourned
at 9:00 P. M.-
City Clerk
APPROVED:
/ MAYOR ·
- 7 - 5-24-76.
May 5, '1976 .
Homar Taxi, Inc. dba
Delray Beach Taxi and Acme Taxi
Sandra Werther and Bei-nard Werther
402 S. E. 6th Avenue
'Delray Beach, Florida 33444
Dear Mr. & Mrs. Werther:
Please be advised that on May 24, 1976, at 7:30 P.M., the City Council
of the City of Delray Beach will hold a hearing to determine whether
or not to make the suspension of your Certificate of Public Convenience
and Necessity permanent and/or revoke said Certificate.
As you are aware, the City has received notification of cancellation-
of the insurance required by Chapter 26 of the Code of Ordinances
and,pursuant to the provisions of said Chapter, your Certificates of
Public Convenience and Necessity.were suspended automatically upon
this notification. '
At the hearing on May 24, 1976, you will be permitted either in
person or by representative of your choosing to present evidence as
to this charge. ".
.In the event that you fail to appear or are unable to satisfactorily
prove that the insurance was not c~ncelled, it is most probable that
City Council will permanently suspend and/or revoke your Certificate
of Public Convenience and Necessity.
On April 12, 1976, %he City attempted to notify you by sending a
eertif'ied'letter, which was left unclaimed; therefore, this letter
is being physically posted upon your business property for the purpose
of notifying you of the above .hearing.
We hereby certify that on the
Please govern yourself accordingly. ~-- day of/)7~ ~ ,1976, at
~ M., wL did' physically
V~ truly yours, . .
~~~ ~~~,~ pos~ upon the above property a
S bor on
City of Delray Beach _ . --
cc: city council ~'
City Manager
134a
RESOLUTION NO. 29-76.
A RESOLUTION OF TI~ CITY COUNCIL.OF TI~ CITY OF
DELRY~Y BEACH COMMENDING T}~ ATLANTIC t{IGH SCHOOL
EAGLES BASEBALL, TRACK AND TENNIS TEAMS FOR TI{EIR
CONTRIBUTION TO THE COMMUNITY.
WHEREAS, the Atlantic High School Eagles baseball, track and tennis
teams have recently completed their regular 1976 schedule; and,
WHEREAS, the Baseball Team ended their season with a 20-10 record,
was Suncoast Conference West, District 7 and Region 4 Champidns and State
AAA Runnerup; and,
WHEREAS, Coach Jay Rader w~s named Coach of the Year in the Sun-
coast West Conference by his fellow coaches for the third consecutive year;
and,
WHEREAS, the Boys Track Team was Suncoast Conference West Champions
District 7 Runnerup, Region 4 Champions and placed 14th in the State; and,
WHEREAS, the Boys Tennis Team was Suncoast Conference West and
District 12 AAA Champions and placed llth in the State; and,
WHEREAS, the City Council cf the City of Delray Beach, Florida,
wi~hes to express its pride and appreciation to the "Eagles" for their
outstanding achievements and the honors which they have received under
the able guidance of Coaches Jay Rader,oEd Harris and Marilyn Elk and
staff,.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
That the 1976 Atlantic High School Baseball, Track ~nd Tennis Team:
are hereby con,mended for their enviable records, achieved in the Conference
the District and the State of Florida as a result of their outstanding
performances which the City of Delray Beach wishes to single out and recog.
nize as an outstanding contribution to the spirit of this community.
PASSED AND ADOPTED in regular session on this 24th day of May,
1976.
MnYOR /
ATTEST':
t.34b
~qSOLUTION NO. 26-76
~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA AUTHORIZING THE ADMINISTI~TION TO NEGO-
TIATE AND EXECUTE A CONTRACT FOR THE PURCl~SE OF APPROX-
ImaTELY 7,500 TONS OF ASPIL~LT ~D APPROXIMATELY 14,500
SQUARE YARDS OF SLURRY SEAL FOR UPGRADING CITY STREETS
AND SIDE%~ALKS IN ACCORDanCE WITH THE EXHIBIT "A" ATTACHED
HERETO.
WHEREAS, it is the recommendation of the Administration that the
City Council authorize the Administration pursuant to Section 2-14 of
[he City Code of OrdLnances, to negotiate and execute a contract for the
purchase of approximately 7,500 tons of asphalt and approximately 14,500
square yards of slurry seal for upgrading city streets and sidewalks in
accordance with Exhibit "A" attached hereto; and,
WHEREAS, it is the Council's opinion that such negotiation and
execution of a contract would be in the best inierest of the CitY due to
~he uncertain availability of crude and asphaltic oils and the fluctuation
of prices; and,
WHEREAS, it is the Council's opinion that the upgrading of the
City streets and sidewalks, in accordance with Exhibit "A" attached hereto,
~ould be in the best interest of the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
~ELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the Administration is hereby authorized to proceed
i '~D negotiate and execute a contract for the purchase of approximately 7,500
i ~Lons of asphalt and approximately 14,500. square yards of slurry seal for
i u~grading City streets and sidewalks in accordance with the Exhibit "A"
~tached hereto.
SECTION 2. That this improvement shall be funded with money from
~he $600,000 Street and Sidewalk Bond Issue.
PASSED ~ND ADOPTED in regular session on ~is the 24th day of
~y, 1976.
134c
oo~~~ooo~oooooooo~o~ooooooo
e
~ ~ '~ .... ~--~-~ RESOLUTION NO. 28-76
A R~SOLUT~ION, OF THE CITY COUNCIL OF THE CITY OF DELRAY
'BEACH, FLORIDA, DEDICATING CERTI~N LAND IN THIS CO~4UNITY
AS AN HONORARIUM TO ROBERT P. MILLER IN RECOGNITION OF
HIS DEDICATED ~ND DISTINGUISHED SERVICE.
WHEREAS, Robert P. Miller has given untiringly of his time, leader-
ip and ability in s~_rving the City of Delray Beach; and,
WHEREAS, the City of Delray Beach is a better community as a result
C_ his dedicated and distinguished service as the one individual most respon-
sible for originating; building and planning the development of a recreation-
al complex for the youth of our City and this area; and,
WHEREAS, the City Council on behalf of the citizens of the City
of Delray Beach, being desirous that his efforts be recognized, acclaimed
and permanently recorded,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That in honor and deep appreciation of the distin-
guished and dedicated service which Robert P. Miller has rendered this City
that the real property located and known as the S.W. 4th Avenue Park is
hereby named "Robert P. Miller Park".
PASSED AND ADOPTED in regular session on this 24th day of
May , 1976.
ATTEST:
City Clerk
i34f
6RDINANCE NO. 15-76
AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE
USE OF THE STREETS AND IIIGIIWAYS OF THE CITY OF DELRAY
BEACH; CREATING ~4D DEFINING PARKING ZONES; PROVIDING
~FOR THE DESIGNATION OF INDIVIDUAL 'PARKING SPACES; PRO-
ViDING FOR THE INSTALLATION OF PARKING SIGNS; PRESCRIBING
PARKING TIME LIMITS; REPEALING CONFLICTING ORDINANCES;
PROVIDING FOR THE ENFORCEMENT THEREOF; DESCRIBING
OFFENSES AND PRESCRIBING PENALTIES; PROVIDING T~LAT
INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF' THE I
REMAINDER.
WHEREAS, the narrowness of and the volume of traffic on the i
streets in certain sections of the City of Delray Beach has the effect of
congesting the streets and impeding the movement of traffic; and
WHEREAS, it is the habit of numerous operators of motor vehicles
to take advantage of this situation.by parking for unreasonably long
periods of time in close proximity to other motor vehicles so parked on the
~most congested parts of the City's business streets and parking lots; and,
WHEREAS, such practice tends to further impede traffic and,~ in
addition, thereto constitutes a danger to the life, limb and property of
other motorists, pedestrians, and others; >
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, STATE OF FLORIDA, AS FOLLOWS:
SECTION 1. DEFINITIONS. ~
(a) The word "vehicle" shall mean any device in, upon or by
which any person or property is or may be transported upon
a highway,, except a device which is operated upon rails
or tracks.
(b) The word "street" shall 'mean any public street, avenue,
road, alley, highway, lane, path, or other public place
located in the City of Delray Beach, Florida and establish~
for the use of vehicles.
(c) The word "person" shall mean and include any individual,
firm, co-partnership, association or corporation.
(d) The word "operator" Shall mean and include every individual
who shall operate a vehicle as the owner thereof, or as the
agent, employee or permittee of the owner, or is in actual
physical control of a vehicle.
(e) The word "park" or "parking" shall mean the standing of a
vehicle, whether occupied or not, upon a street otherwise
than temporarily for the purpose of, and while actually
engaged in, receiving or discharging passengers or loading
or unloading merchandise or in obedience to traffic regula-
tions, signs ~or signals or an. involuntary 'stopping of the
vehicle by reason of causes beyond the control of the
operator of the .vehicle.
SECTION 2. DESIGNA'i'I~N OF PARKING SPACES. The Chief of Police
~s hereby directed and authorized either'-in person or by designee to mark
· ~f individual parking spaces and enforce the two-hour restriction in the
~ollowing described parking areas%
134g
ON ........... FROM ~ TQ
Atlantic Avenue Swinton Avenue A-1-A
N.E..~lst Avenue - AtlanticlAvenue N.E. 1st Street
N.E. 2nd Avenue AtlantiC Avenue N.E. 4th Street
N.E. 4th Avenue Atlantic Avenue .N.E. 1st Street
S.E. 1st Avenue Atlantic Avenue 1st alley to the south
S.E. 2nd Avenue Atlantic Avenue 1st alley to the south
S.E. 3rd Avenue Atlantic Avenue S.E. 1st Street
S.E. 4th Avenue Atlantic Avenue S.E. 1st Street
Venetian Drive Atlantic Avenue Miramar Drive
S.E. 5th Avenue Atlantic Avenue 1st alley to the ~outh.
The two-ho~r parking restriction shall apply in the following
described city-owned parking lots:
Lots 11 through 16, Block 92.
Plat Book 2, Page 21.
.. Lots 14-15-16-17, Block 101.
Plat Book 1, Page 103.
Lot 8 and North 21.5' of Lot 9, all of Lot 16
and North 26.33' of Lot 17, Block 109.
Plat Book 1, Page 3.
The two-hour parking restriction shall apply in the following
described city-leased parking lot:
!
The South six (6) inches of Lot 9 and all'of Lot 8, Block 92,
Re-subdivision of Blocks 91 and 92 and West one-half (%) of
Block 99, Delray Beach, Florida.
SECTION 3. INSTALLATION OF TWO-HOUR PARKING SIGNS. In the
parking area described in Section 2 above, the City Engineer shall cause
Two-Hour parking signs to be installed upon the curb or sidewalk adjacent
to the parking spaces and at the entrance of the above described parking
lots.
SECTION 4. PARKING TIldE LIMIT. Parking or standing a vehicle
in a designated space in the parking area described in Section 2 shall be
lawful for two (2) hours. The two-hour parking limit shall be in effect
every day between the hours of eight o'clock A.M. and six o'clock P.M.,
except Sundays and holidays; provided, however, that within the meaning of
this ordinance, the term "holiday" shall include New Years Day, 'Easter,
Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day
and the days upon which the Delray Affair is held.
SECTION 5. VIOLATIONS. It shall be unlawful and a violation of
the provisions of this ordinance for any person:
(a) To cause, allow, permit or suffer any vehiCle registered
in the name of, or operated by such person to be parked
in the parking area for a'continuous Period in excess of
two hours.
(b) To park any vehicle across any line or marking of a pa~ki~
space or in such position that the vehicle shall not be
entirely within the space designated by such lines or
marking.
SECTION 6. ENFORCEMEI~T. It shall be the duty of the Police
Department to enforce the provisions of this ordinance.
Ord. No. 15-76
134h
SECTION 7. PENALT¥~...Any person w~ shall violate or fail to
~ comply with_any of the provisions of this ordinance, or who shall counsel,
aid or abet_'anY"Shch'V~iolation ~or failure to comply, shall be deemed guilty
of an offense~and ~hali'~bd-Punished by a fine of not to exceed $50.00 or by
imprisonmen%---f~r~not~to ~xceed 30 days, either or both penalties to be
imposed at ~he discre'tion~6f the court.
~ECT~ON 8. RESERVATION OF. POWERS. Nothing in this ordinance
shall be construed as prohibiting the City' of Delray Beach from providing
for bus stops, for taxicab stands and other matters of similar nature,
including the loading or unloading of trucks, vans, or other'commercial
vehicles.
SECTION 9. REPEAL OF CONFLICTING ORDINANCES. All ordinances
and parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this ordinance shall
be cumulative of other ordinances regulating and governing the subject
matter covered by this ordinance.
SECTION 10. REPEAL OF EMERGENCY ORDINANCE NO. 10-76. Upon the
effective date of this ordinance Emergency Ordinance No. 10-76 shall be
repealed and replaced in full by this ordinance.
SECTION 11. SEVERABILITY. If any section or provisions, or
parts thereof in this ordinance shall be-adjudged invalid or unconstitutiona
such invalidity or'unconstitutionality shall not affect.the validity of the
ordinance as a whole or of any other section, or provision or part hereof.
SECTION 12. EXERCISE OF POLICE POWER. This entire ordinance
Shall be deemed and construed to be' an exercise of the police power of the
Cit~ of Delray Beach in the State of Florida for the preservation and
protection of public safety, a~d all of its provisions shall be liberally
construed with a~view to. the effectuation'~of, such purpose.
SECTION 13. EFFECTIVE DATE. This ordinance shall be effective
when it is passed and adopted on second and final reading.
PASSED AND ADOPTED'in re'gular session on second and final reading
on this the 24th day of May , 1976.
ATTE ST:
--~- City Clerk .
Fir'~t Reading April ,26, 1976
Second Reading_ May ~.4, ,1976
-3-
Ord. No. 15-76