09-08-75 157
SEPTEMBER 8, 1975
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Codncil Chambers at 7:30 P.M., Monday,
September 8, 1975, with Mayor James H. Scheifley presiding, and City
Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council
members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Ron I.
Sanson, IV, present.
1. The opening prayer was offered by Dr. Frederic Bush of St.
Paul's Episcopal Church of Delray Beach.
2. The pledge of allegiance to the Flag of the United States of
A~erica was given.
3. The minutes of the regular meeting of August 25, 1975, were
U~animously approved on motion by Mrs. Krivos and seconded by Mr. Gent
with the City Attorney requesting the following correction be made:
Item 9.a. of the agenda should read land usage could not be handled by
the Board of Adjustment.
4.a. The City Attorney stated he had determined that taxicabs are
required to have an occupational license under State Law and under the
ordinances of the City.
4.b. Mr. Gent wished the City Attorney a happy birthday.
4.c. Mr. Gent referred to Section 14-a(9) of tke Trash Ordinance
which states "persons, firms or corporations engaged in commercial
landscaping or lawn maintenance" should haul away trash. He requested
that this be deleted and explained some lawn maintenance companies in
the area who only mow lawns are asking their customers to pay an addi-
tional $10 to haul away one bag of grass, etc. Council decided to
discuss this matter at workshop.
4.d. Mr. Gent referred to the 1975 Conference on Sign Legislation
to be held at the Diplomat Hotel in Hollywood, Florida, on Friday,
October 10, 1975 and suggested someone from the City should attend.
The City Manager stated he would have the administration represented.
4.e. Mr. Sanson explained he had been questioned by a citizen as to
why he did not have an occupational license to work in the City. He
explained he worked for an insuranc~ agency and it was not his agency.
He read a letter from Mr. H. K. Jones, Director of Taxes, Penn Mutual,
as follows:
"Gentlemen:
The Attorney General of the State of Florida in Opinion
074-209 dated July 19, 1974, concluded that the State
has preempted the licensing of insurors and neither
counties nor municipalities may impose an occupational
license tax on insurors. Therefore, no license tax is
due your City. The proper license fee has been paid to
the Stat~ for our agents writing business in Florida.
Any further questions you may have on this matter should
be referred to the State Attorney General's office."
4.f. Mr. Sanson referred to the expenses incurred for legal fees
required to implement the Mini-PERC for the City. He stated the letter
from the Alley, Alley and Blue firm dated August 27th reads that as of
July 31, 1975, the total cost to the City of Delray Beach in connection
with the local option has been $6,408.25. Both amendments to the local
optio~ were prepared without charge to the City. The June bill has just
been received from the firm and to date, they have been paid $46,307.62
for their services.
4.g. Mayor Scheifley announce~ a Special Meeting of City Council
would be held on Thursday, September 11, 1975, at 7:00 P.M., to take
action on Ordinance No. 33-75.
158
4..h.. The City Manager stated he had discussed County participation
in a swimming pool. on the beach with Commissioner Medlen and suggested
the item be placed on a workshop meeting to be held on Thursday prior
to the special council meeting.
5.a. Mr. Ted Bollinger, Ft. Lauderdale, President of the Kibitzers
Club, Inc.,. spoke concerning the applications pending for bingo permits.
He listed the Community Action Council, the Gospel Association for the
Blind, the Ascension Catholic Church, the Con~ittee to Reform the Courts,
and the Hopewell Baptist Church as the applicants. He stated the Supreme
Court of the State of Florida has ruled that bingo is legal provided it
is for a charitable purpose. He asked what the position of Council is
on this matter. Mayor Scheifley stated the matter has been turned over
to the City Attorney to research and Council would not render a decision
until the City Attorney offers an opinion on the matter. The City
Attorney reported he had discussed this with the Attorney General's
office and they have not rendered an opinion on the definition of what
constitutes a full-time lease under the Statute, or to what extent the
organization might benefit from the proceeds. He said he felt the opinior:
that would be forthcoming is that a full-time organization would be
construed to be only an organization that leases premises full-time, 365
days a year, exclusively, and that an organization that benefits from the
proceeds must benefit to the extent of 100% of each game. The City
Attorney further stated because of the administrative burden caused by
the need to investigate the applicants that he would, prefer to see the
State Attorney General's office handle the issuance of permits. He
suggested the matter be discussed at a workshop meeting sometime within
the next several weeks. Council indicated they had a lot of questions
concerning thiS matter. Mr. Bollinger stated the Kibitzers Club has
been discussing the possibility of filing a Declaratory Judgment action
against the City to determine whether or not there is any leqal standing
for the City in this matter. The City AttOrney replied ~e :~ity Ordi-
nance requires an applicant to comply with the State Statute. dr. Bol-
linger explained the Committee to Reform the Courts was composed of
· accountants and attorneys. Mr. Gent stated he felt the money from bingo
should go to charities that service Delray Beach. He said he would like
.to see Council amend the ordinances to not allow bingo games that would
benefit anyone outside of the City of Delray Beach.
5.b. Mrs. Delores Smith, member of AARP ~and the National Association
of Teachers, requested permission to charter a bus to pick up and dis-
charge persons at the Adult Community Center. The purpose, would be to
have a central location for the members of the groups to congregate for
chartered trips. The City Attorney stated he would check on the matter.
5.c. Mrs. Elsie Hauth, 3520 Lowson Blvd., Delray Beach, asked if a
City ordinance exists that prohibits trucks, trailers, campers and boats
from parking in driveways. Mayor Scheifley suggested Mrs. Hauth call
Mr. Roy Reid to determine if a violation of .ordinances exists.
5.d. Mr. Nathaniel Moody, 17 N.W. 4th Avenue, Delray Beach, spoke
~equesting that a light be placed on a telephone pole behind the Georgia
Town Tavern and the Westside Liquor Store because of robbery and a high
crime rate in the area. The City Manager stated he would check into
the matter.
5.e. Mr. Irwin W. Kresser, 234 N.W. 17th Street, Delray Beach,
asked that a traffic light be installed at N.E. 5th Avenue and N.E. 1st
, Street. The City Manager stated the County had conducted a survey at
that location and had determined a light was not warranted. Mayor
Scheifley stated this would be checked again.
6.a. There were no additional items to be placed on the agenda.
6.b. The City Manager reported Mr. Ken Ellingsworth of the Chamber
of Commerce, on behalf of the City's Bicentennial Committee, had checked
with the Federal Government and with tile State of Florida with regard
to new legislation that permits the filing of an application for grant
funds by those places that have been recognized as a bicentennial
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9-8-75.
159
community. Delray Beach falls in this category and Mr. Ellingsworth
recommended that the City file such an application; it is necessary
that the application be in Washington by today. Therefore, the appli-
cation has been prepared and filed in 'the amount of $250,000 with the
realization that some or no money could materialize from the request.
The application is to the United States Department of Commerce and is
under the auspices of the American Revolution Bicentennial Administra-
tion. Mr. Gent moved that the application for $250,000 for Federal
Grant money to be used for development cost for the Southwest 4th Ave-
nue Recreational Complex be approved, seconded by Mr. Randolph. The
motion passed unanimously.
6.c. The City Manager reported the City has received a number of
complaints regarding an ordinance-violation on property located at
approximately 50 N.W. 18th Avenue. Many truck loads of junk are stored
on the subject premises. A letter was sent by the Building Inspection
Department on July 28, 1975 to Mr. Joseph Rolle, the owner, notifying
him of the ordinance violation and directing him to remove the viola-
tion. Mr. Rolle is in Raiford Prison on other charges and the ordinance
violation has not been corrected. Under the circumstances, the City
Attorney has advised the best action to be taken is for Council to auth-
orize, by motion, the City Attorney's office to take appropriate legal
action to abate or remove the nuisance. The City Attorney stated this
could not be handled under normal procedures to abate nuisances since
the junk has salvage value and the City should procure a court declara-
tion that it constitutes a nuisance in order to protect the City from
a later damage action. Mr. Randolph moved that the City take every
action possible to have the ordinance violation taken care of as soon
as possible, seconded by Mr. Gent. Council asked if this action were
taken if Mr. Rolle could be required to bear the legal costs. The
City Attorney suggested the motion be amended to state Mr. Rolle would
bear the costs, if possible. Mr. Randolph accepted the amendment and
Mr. Gent seconded. The motion passed unanimously.
6.d. The City Manager reported the following quotations have been
received for selling the City a flat-bed dump body to be installed on
an International truck chassis:
Bidder Bid
Service Equipment Company $2,020
West Palm Beach
Callahan Motor Company, Inc. 2,195
Dania
It is recommended that the purchase be made from the low
bidder, Service Equipment Company, in the amount of $2,020. Sufficient
funds are provided in the 1975-76 budget for this purchase. Mr. Sanson
moved for the bid to install a flat bed dump body on an International
truck chassis be awarded to Service Equipment Company in West Palm
'Beach in the amount of $2,020, funds to be provided from the 1975-76
budget, seconded by Mr. Randolph, said motion passing unanimously.
6.e. The City Manager stated it is recommended that Council approve
a right-of-way map which reflects an increased width of right-of-way
on Old Dixie Highway both north and south of Linton Boulevard as re-
quested by the County. The County is in the process of acquiring
additional right-of-way to provide turning lanes on Old Dixie Highway.
The City would not have any financial obligation, but since the property
is in the City, the County is asking for the City's consent for the
right-of-way widening at this location. The proper~y is owned by pri-
vate parties. Mr. Randolph moved for the approval of a right-of-way
map to be provided the County for increased width of right-of-way on Old
Dixie Highway in the vicinity of Linton Boulevard as requested by the
County, seconded by Mr. Gent, said motion passing unanimously.
7.a. The City Manager stated the Aronimink Corporation has re-
quested approval of extension of its site plan from September 10, 1975
to March 10, 1976, a period of six months. The City Manager recommended
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9-8-75.
160
the request be referred to the Planning and Zoning Board for study and
recommendation. Mrs. Krivos moved the request for approval of site
plan extension by Aronimink be submitted to the Planning and Zoning
Board for study and recommendation, seconded by Mr. Randolph. Mr.
Joseph Martin, representing Aronimink Condominium Corporation, 660
Dover Street, Boca Raton, stated the Episcopal Church is negotiating
with Aronimink Corporation to continue to develop the Canterbury Life
Care Community Residence. Mr. Gent stated he understood from the
Episcopal group involved that Mr. Martin's statement is not true; the
Episcopal Church is in negotiation with Lago Del Rey at a much lower
price per acre. He said he believed this is a method for Aronimink
to sell the property to someone else. Mr. Sanson concurred with Mr.
Gent. The motion passed unanimously.
Mr. Sanson stated the approval or denial of pending site
plans has been dragging on for approximately four months since the
ordinance was passed for extension of site plans. He requested the
remaining 11 or 12 developments be considered by Council. He stated
those developments that have not taken the time to request an extension
should be denied. Mayor Scheifley requested the City Manager to bring
the remaining developments up for action as soon as possible.
8..a. The City Manager presented Resolution No. 42-75.
A RESOLUTION MAKING APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF
OCTOBER, 1975, to the 30TH DAY OF SEPTEMBER, 1976;
TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS
WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR
PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CON-
FLICT WITH THIS RESOLUTION, AND ALL RESOLUTIONS INCON-
SISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
(Copy of Resolution No. 42-75 is attached to the official copy
of these minutes.)
The City Manager stated several items must be handled regarding
the budget. One'is holding the public hearing on the budget itself;
following the closing of the public hearing, ~Council should consider
adoption of the Resolution adopting the budget for the 1975-76 fiscal
year; then a public hearing should be held on the establishment of the
tax rate for the 1975-76 year with action on adoption of the tax rate
not to be taken until the next regular meeting of Council on September
22, 1975. The proposed budget has been revised to take into account
all changes determined informally by Council at workshop, which changes
are reflected in Resolution No. 42-75. The budget is predicated on a
total tax rate of 9.1 mills, t~e same total tax rate as for the current
fiscal year. A Public Hearing is required on the establishment of the
tax rate because of the State law requirement that any time a tax is
to be levied in excess of that proposed by the County Tax Appraiser for
operating purposes, a public hearing must be held and it must be adver-. _
tised. The proposed operating millage has been increased, but the debt
service millage has been decreased. The current year's operating millage
is 7.57; the current debt service millage is 1.53 for a total millage
of 9.1. The Tax Appraiser would approve for the coming year an operating
millage of 7.803 mills. The City proposes an operating millage of 8.37
mills with a debt service of .73 for a total of 9.1. The total proposed
budget, including all City funds that are incorporated in the budget,
is $10,722,005.
A Public Hearing wns held, having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach. Mayor Scheifley declared the Public Hearing open
on adopting the budget as presented in Resolution No. 42-75. Mr.
William Albaugh, 1112 N.W. 4th Avenue, Delray Beach, complained that
the budget had been printed incorrectly in the newspaper and that the
City Manager was making $55,000 or more. The procedures used in print-
ing the budget were explained and it was also explained the City Manager's
budget represented his entire office staff, not just his personal
salary. Mr. J. W. Dunbar, 50 East Road, Delray Beach, asked how
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9-8-75.
much of the $930,000 the City received from the Federal Government went
into the debt reduction. The City Manager replied $131,350. There
being no further objections or discussion, the Public Hearing was closed.
Mr. Gent moved for the adoption of Resolution No. 42-75, seconded by
Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes;
Mrs. Krivos - Yes, with the exception of the increase in the Council-
members' salaries; Mr. Randolph - Yes; Mr. Sanson - Yes, with the state-
ment that he was opposed to the entire concept upon which the budget has
been formed in the sense Council is using a substantial amount of Federal
Revenue Sharing Funds to pay operating expenses; since there is no alter-
native, he would support the budget as it is; Mayor Scheifley - Yes.
The motion passed with a vote of 5 to 0.
The City Attorney advised Council to hold a Public"Hearing on
Resolution No. 43-75, and if Council adopts that resolution, then hold
a Public Hearing on the millage and set the future date at which
it will be adopted which would be September 22, 1975.
8.b. The City Manager presented Resolution No. 43-75.
A RESOLUTION MAKING APPROPRIATIONS OF SUMS OF
MONEY FOR EXPENDITURES FROM THE FEDERAL REVENUE
SHARING TRUST FUND OF THE CITY OF DELRAY BEACH,
FLORIDA, FOR THE PERIOD FROM THE FIRST DAY OF
JULY, 1975, TO THE 30TH DAY OF JUNE, 1976.
(Copy of Resolution No. 43-75 is attached to the official copy
of these minutes.)
The City Manager stated the money set forth in Resolution No.
43-75 to be allocated from Federal Revenue Sharing Funds coincides
precisely with the money set forth in the Federal Revenue Sharing Impact
Statement which has been provided Council. The total is $838,990 which
would be through June 30, 1976.
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. Sanson moved for the adoption of ResolUtion No. 43-75~
seconded by Mr. Gent. It was explained that the $800,000 plus amount
shown in the Florida League of Cities' publication r~presented~the
State Revenue Sharing Funds. ~rs. Krivos asked why BoyntOn Beach re-
ceived a larger portion than Delray Beach. The City Manager replied it
is based on population and poverty count. Upon roll call, Council
voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; ~. Randolph -
Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with
a vote of 5 to 0.
A Public Hearing was held, having been legally advertised in
compliance with the laws of the State of Florida. Mayor Scheifley
declared the public hearing open on increase in millage from 7.57 to
8.37. There being no objections, the Public Hearing was closed. The
City Attorney requested Council to set up September 22, 1975, at 7:30 P.M.
as the date to consider millage at a second Public Hearing. Mr. Gent
so moved, seconded by Mr. Randolph. Mr. Sanson stated he wanted to make
the public aware of a few items; specifically, a horticulturist will be
added to the City staff in lieu of another position, and the City Manager
has instructed the Building Department to begin an organized and regular
campaign to tour the City for ordinance violations. They have been
doing this for the past two weeks and, having completed one-fourth of
the City, they have found over 100 ordinance violations, primarily in
the beach area. Also, $50,C~0 has been allocated to be used for ob-
taining a municipal pool. Upon roll call, Council voted as follows:
Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote.
8.c. The City Manager presented Ordinance No. 39-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
· DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO.
27-75 ESTABLISHING A COMMUNITY APPEARANCE BOARD;
AMENDING SECTION 5 (C) RELATIVE TO RECOMMENDATIONS
OF THE BOARD TO CITY COUNCIL.
(Copy of Ordinance No. 39-75 is attached to the official copy
of these minutes.)
Mayor Scheifley stated a meeting of the Co.mmunity Appearance
Board has been called for Monday morning, at 8:30 A.M., September 15,
1975, to organize the Board. The ~eeting will include the five regular
members and the two alternates.
T~e~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. Sanson
moved for the passage of Ordinance No. 39-75 on' second and final reading,
seconded by Mr. Randolph. Upon roll call, Council voted as follows:
Mr. Gent - Yes; Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote.
8.d. The City Manager presented Ordinance No. 40-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING'
CODE", AS AMENDED, BY AMENDING SECTION 29-11(B)
BOARD OF ADJUSTMENT; PRESCRIBING RESIDENTIAL AND/OR
BUSINESS LOCATION REQUIREMENTS FOR MEMBERSHIP ON
BOARD OF ADJUSTMENT; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH.
(Copy of Ordinance No. 40-75 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. Mrs. Krivos
moved for the passage of Ordinance No. 40-75 on second and final read-
lng, seconded by Mr. Gent. Mr. Sanson stated in reviewing the minutes
of the Board of Adjustment, he has noted there have been instances where
the Board is sitting without a full Board. An alternate should have
been called to fill in the absence of a regular member. He suggested
if the alternates are being called and are not complying, then new
alternate~ should be appointed. Upon roll call, Council voted as
follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr.
Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0
vote.
8.e. The City Manager presented Ordinance No. 41-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING PARCELS
OF LAND LOCATED IN SECTIONS 21 AND 28, TOWNSHIP 46
SOUTH, RANGE 43 EAST, LYING SOUTH OF LEWIS COVE IF
EXTENDED WESTERLY, EAST OF U. S. HIGHWAY NO. 1,
NORTH OF MCCLEARY STREET, AND WEST OF INTRACOASTAL
WATERWAY 'IN "RM-15 ~ND RM-6 MULTIPLE FAMILY DWELLING
DISTRICT", AND "R-1AA SINGLE FAMILY DWELLING DISTRICT"
AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1972" .
(Copy of Ordinance No. 41-75 is attached to the official copy
of these minutes.)
The City Manager explained the City initiated the rezoning and
there are several property owners involved. The Planning and Zoning
Board at a meeting held on July 15th recommended by unanimous vote the
approv'al of the rezonings because (1) the RM-20 zoning is too intense
a use adjacent to the R-1AA-B, (2) traffic generated by the RM-20 zoning
would be detrimental to the promotion of the general welfare and public
safety of the City, (3) the building heights allowed under the RM-20
zoning would have an adverse effect on adjacent properties by reducing
light and air, and (4) RM-20 zoning is out of scale with the needs of
the area and the City. A sketch was shown depicting the location of the
property, lying in Sections 21-46-43 and .28-46-43. (.Map of the property
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9-8-75.
163
under consideration is attached to the official copy of these minutes.)
There are three different zoning changes involved. The City Manager
read the caption of the ordinance. The City Attorney asked that the
following appear in the official minutes: 1 - the court reporter did not
start taking notes until Mr. Mariott began his description of the pro-
perty being rezoned; and 2 - the City Clerk changed the tape of the
minutes of the meeting while Mr. Mariott was reading the caption of the
ordinance which was read in full. The City Attorney explained the
history of this rezoning ordinance. In March, 1975, the Planning and
Zoning Board was considering rezoning this property; at a hearing held
in late March, Mr. Hoffmann appeared at the hearing requesting the
Planning and Zoning Board to give him an opportunity to prepare a plan
and come to the Planning and Zoning Board with his analysis of what he
thought a proper use of his property would be. The Planning and Zoning
Board acquiesced in his request and gave him sixty days in which to
prepare the plan. He returned with an extensive plan which was pre-
sented by ~. Taft Bradshaw along with representatives of the Hoffmann
Corporation, including Mr. Hoffmann's attorney. The Planning and Zoning
Board listened to an extensive presentation and the Board then readver-
tised another public hearing which was held on July 15, 1975. The
applicant has had ample opportunity for analysis of his property. Mr.
Slinkman, attorney for the Hoffmann Corporation, requested that he be
notified when this matter would be considered by Council. The City
Attorney called him personally on Tuesday of last week and notified him
this matter would be considered at this meeting. He called him again
on Friday and talked with his secretary. Under the Home Rule Act, which
is Chapter 166 of the Florida Statutes, a Public Hearing is not required
on first reading. The City Attorney stated he had told Mr. Slinkman's
secretary 'that if Mr. Slinkman would like to make a few comments at this
meeting, Council would be happy to hear them and hold a public hearing
at a later meeting. Mr. Sanson objected, stating he did not wish to
hear the presentation a second time. The City Attorney replied he would
not hear it a second time; he simply wanted Mr. Slinkman to make a few
brief comments to appraise Council of his position.
Mr. Kendall Slinkman, of the Farish and Farish law firm in
West Palm Beach, representing Oliver'Hoffmann Corporation, stated Mr.
Saberson was kind enough to contact him and to offer him the opportunity
to make a few comments at this meeting. He said the Oliver Hoffmann
Corporation is not the applicant, but is opposed to the rezoning. Mayor
Scheifley asked for the address of Mr. Hoffmann and the address of the
corporation. Mr. Slinkman replied the name and address of the corpora-
tion is the Oliver Hoffmann Corporation, 800 So. Ocean Boulevard, Deer-
field Beach; the owners of the property are Paul Hoffmann and his wife,
Camille Hoffmann, at the same address. Mr. Slinkman stated the corpora-
tion had prepared and presented a plan in March. He asked Council to
give some thought to their own definitions in the City's zoning code as
to what is RM-15 and what is RM-20, and how this property fits into the
definitions. He also asked Council to give some thought to his client's
vested rights in this property. He stated his client purchased the
property at a time when RM-20 was going into effect; they took an option
and exercised that option based on certain representations to them.
Mayor Scheifley stated this was the last piece of property in the City
zoned RM-20 and the new ordinances of the City do not include any RM-20;
RM-15 is and will be the maximum allowed in the City. He stated all
items will be taken into consideration by the Council. The City Attorney
asked if anyone else wished to speak. Mr. James V. Somers, 111 N.W.
8th Street, Boca Raton, stated he was a co-owner of property in Parcel
C which was part of the Heilman Estate. This piece of property has been
in· litigation since 1965. He said they had received a judgment against
the City of Delray Beach which would be appealed. He stated he objects
to the zoning of R-1AA; the property was multiple family when it was
purchased and the owners have a vested interest in i~. The City Attorney
stated the litigation of the Heilman Estate has not interfered with the
use of the property involved. He said he would like to give everyone
present notice that this matter will be considered on second reading on
October 13, 1975. Mr. Gent moved for the adoption of Ordinance No. 41-75
on first reading, seconded by Mr. Sanson. Mr. Sanson asked the City
Manager if the size of the parcel of land precluded it from having to
follow all ordinances of the City; he said the property has not been
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kept up and is an eyesore, i.e., high grass, billboards, etc. Mr. Gent
stated the billboards are in the City, but are on County-owned property.
The City Attorney stated he would check on it. Mrs. Krivos stated
anyone who takes the time to attend a Council meeting should certainly
be granted the courtesy of being heard. Upon roll call, Council voted
as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes;
Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to
0 vote.
8.f. The City Manager presented Ordinance No. 42-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACtt, FLORIDA, REZONING AND PLACING
SOUTH 58 FEET OF LOT 6 AND ALL OF LOTS 7 AND 8,
BLOCK 78, DELRAY BEACH, FLORIDA, LOCATED IN
SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
LOCATED AT THE NORTHEAST CO~qER OF THE
INTERSECTION OF SOUTHEAST 2ND STREET ~D SOUTH-
EAST 1ST AVENUE IN "C-1 LIMITED COMMERCIAL
DISTRICT" AND ~4ENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1972".
The City Manager reported Mr. LeRoy Merritt owns a portion of
the land being requested for rezoning. The City is also requesting that
a portion of the land involved be rezoned. The Planning and Zoning
Board at a meeting held on August 19th recommended by unanimous vote
that the parcel be rezoned from RM-15 to C-1. The property is located
at the northeast corner of the intersection of S.E. 2nd Street and
S.E. 1st Avenue, being the south 58 feet of Lot 6 and all of Lots 7 and
8, Block 78, Section 16-46-43. The City Manager read the caption of 'the
ordinance. Mrs. Krivos moved for the passage of Ordinance No. 42-75
on first reading, seconded by Mr. Randolph. Upon roll call, Council
voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes;
Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0
'vote.
10. The following Bills for Approval were unanimously approved on
m0tion'by Mr. Sanson and seconded by Mr. Gent.
General Fund ............... $270,643.44
Water and Sewer Fund ........... 6,300.00
Cigarette Tax Fund ............ 2'4,328.75
Utility Tax Fund ............. 67,957.29
Refundable Deposits Fund ......... 6,922.40
Citizens Contribution Fund ........ 7,474.00
Improvement Trust Fund .......... 225.00
Beach Restoration Fund .......... 3,400.00
Federal Revenue S~aring Fund ....... 29,118.59
Lowson Blvd. W&S Project Fund ...... 38,815.11
The meeting was adjourned at 9:10 P.M.
City Clerk
APPP~ED: ~ ,
MAYOR
-8-
9-8-75.
164A
ORDINANCE NO. 39-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO.
27-75 ESTABLISHING.A COMMUNITY APPEARANCE BOARD;
AMENDING SECTION 5 (C) RELATIVE TO RECOMMENDATIONS
OF THE BOARD TO CITY COUNCIL.
WHEREAS, the City Council of the City of Delray Beach, Florida, has
determined that Section 5(c) of Ordinance No. 27-75 should be amended;
and,
WHEREAS, the City Administration concurs in said recomm%endation,
NOW, THEREFORE, BE IT ORDAINED BY T~ CITY COUNCIL OF THE CITY OF
DE~RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 5(c) "Meetings, Records, Recommendations
for Approval of Plans, Transmittal to City Council and Decision" of
Ordinance No. 27-75 be amended as follows:
(c) The recommendation of the Community Appearance Board
shall be forwarded to the City Council. Upon receipt of a
recommendation, the City Council shall review the applica-
tion, but if within s~e~-~68~ forty-five (45) days, the City
Council has not acted upon the recommendation, the applica-
tion for a permit shall be deemed den~e~ approved.
Section 2. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
PASSED AND ADOPTED in regular session on second and final reading
on this 8th day of September , 1975.
ATTEST:
. cit'y Clerk
First Reading August 11, 1975.
Second Reading September 8, 1.9.75.
164B
ORDINANCE NO. 40-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING
CODE", AS AMENDED, BY AMENDING SECTION 29-11(B)
BOARD OF ADJUSTMENT; PRESCRIBING RESIDENTIAL AND/OR
BUSINESS LOCATION REQUIREMENTS FOR MEMBERSHIP ON
BOARD OF ADJUSTMENT; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, the City Council of 'the City of Delray Beach, Florida, has
determined that Section 29-11(b) of the Code of Ordinances should be
amended; and,
WHEREAS, the City Administration concurs in said recommendation,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-11(b) "Composition; Compensation; Term;
Vacancies" of Chapter 29 "Zoning" of the Code of Ordinances of the City
of Delray Beach, as amended, be further amended as follows:
(b) COMPOSITION; COMPENSATION; TERM; VACANCIES. The Board
shall be composed of five members, who shall be appointed by
the City Council, and who shall serve without compensation.
The members of the initial Board will serve for the following
terms; one member for one year, two members for two years and
two members for three years. After the above terms have
expired, the Council will appoint replacements for expired
terms, said replacements to serve for a term of three years
each. Said City Council may also appoint five alternate
members at large, which members shall act in the absence,
disability or disqualification of any members. The alternates
shall be appointed in the same manner and for the same term
as the regular members. The Chairman shall designate the
alternate who shall serve in the absence, disability or dis-
qualification of any regular member. Any member or alternate
member shall be removable for cause, after charges have been
preferred against and served upon him, and a public hearing
had before the City Council thereon. Vacancies on the Board
occurring for reasons other than by expiration of term, shall
be filled for the unexpired term by the City Council. Members
and alternates shall be-~e~den~s-~-~he-~-~-Be~a~-Beaeh7
either be a resident of the City of Del~ay Beach and/or shall
have hisprinci, pal place of business in .Del~ray Beach, and shall
hold no other public office or Position under the City govern-
ment.
Section 2. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
PASSED AND ADOPTED in regular session on second and final reading
on this 8th day of September , 1975.
V
,~-j~ City Clerk
Firs% Reading August 11, 1975
Second Reading. _ Sep~m~ R_ ~7~
164C
ORDINANCE NO. 41-75.
AN ORDINANCE OF THE CITY COU~CIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING PARCELS
OF LAND LOCATED IN SECTIONS 21 AND 28, TOWNSHIP 46
SOUTH, RANGE 43 EAST, LYING SOUTH OF LEWIS COVE IF
EXTENDED WESTERLY, EAST OF U. S. HIGHWAY NO. 1,
NORTH OF MC CLEARY STREET, AND WEST OF INTRACOASTAL
WATERWAY IN "RM-15 AND RM-6 MULTIPLE FAMILY DWELLING
DISTRICT," AND "R1-AA SINGLE FAMILY'DWELLING DISTRICT"
AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1972."
WHEREAS, the Planning and Zoning Board has recommended rezoning and
placing land presently zoned RM-20 Multiple Family Dwelling District in
"RM-15 and RM-6 Multiple Family Dwelling District," and "R1-AA Single Family
Dwelling District;" and,
WHEREAS, the City Administration concurs in said recommendation; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, has
determined that such change should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City of
Delray Beach, Florida, is hereby rezoned_and placed in the "RM-15 Multiple
Family Dwelling District" as defined by Chapter 29 of the Code of Ordi-
nances of the City of Delray Beach, to-wit:
Parcel A
A parcel of land in Section 21, .Township 46 ~South, Range
43 East, Palm Beach County, Florida, also being portions
of Model Land Company's Subdivision of Section 21 accord-
ing to the plat thereof recorded in Plat Book 1, Page 128
of the Public Records of Palm Beach County, Florida, more
particularly described as follows:
Commencing at the southwest corner of said Section 21;
thence run N 89°47'57"E 589.26 feet along the south line
of said Section 21 to a point of intersection with the
centerline of State Road No. 5 (U.S. %1) said point also
being the point of beginning. Thence continue N89°47'57"E
1976.79 feet along said south line to a point of inter-
section with the centerline of the Intracoastal Waterway
according to the plat thereof recorded in Plat Book 17,
Page 17B of the Public Records of Palm Beach County; thence
run N 1°20'38"E 1654.05 feet more or less along said center-
line to a point of intersection with the easterly extension
of the north line of lots 28 and 12, Block 2 MODEL LAND
COMPANY'S SUBDIVISION of Section 21; thence run N 89°58'18"Wi
694.90 feet more or less along said north .line of lots 28
and 12 to the northwest corner of said lot 28; thence run
N 0°22'25"E 84.83 feet along the east line of Block 1 of
said MODEL LAND COMPANY'S SUBDIVISION to a point; thence run
N 89°58'18"W 236.90 feet to a point of intersection with
said centerline of State Road No. 5; thence run S 32°02'09"W
490.60 feet more or less along said centerline to a point of
intersection with the westerly extension of the north line
'of lots 13 and 29 of said Block 2; thence run S 89°56'38"E
164D
494.40 feet more or less along said westerly extension to
the northwest corner of said lot 29; thence run S 0°22'25"W
331.18 feet more or less along the west line of said lot
29 to the southwest corner thereof; thence run N 89°54'50"W
493.03 feet more or less along the westerly extension of
the south line of said lot 29 to a point; thence run S
0o22'45"W 331.15 feet more or less along a line 82.62 feet
east of and parallel to the west line of lot 11, Block 1
to a point on the westerly extension of the north line of
lot 31, Block 2; thence run N 89°51'05"W 413.48 feet more
or less along said westerly extension to a point of inter-
section with said centerline of State Road No. 5; thence
run S 32°02'09"W 595.54 feet along said centerline to a
point of curvature of a curve to the left having for its
elements a radius of 1910.08 feet and a central angle of
5o38'27"; thence run southwesterly 188.05 feet along the
arc of said curve and along said centerline to the point of
beg inn lng.
Section 2. That the following described property in the City of
Delray Beach; Florida, is hereby rezoned and placed in the "RM-6 Multiple
Family Dwelling District" as defined by Chapter 29 of the Code of Ordi-
nances of the City of Delray Beach, to-wit:
Parcel B
A parcel of land in Section 28, Township 46 South, Range 43
East~ P~!m Beach County, Florida, being more particularly
described as follows:.
Commencing at the northwest corner of said Section 28;
thence run N89°47'57"E 589.26 feet along the north line of
said Section 28 to a point of intersection with the center-
line of State Road No. 5 (U.S. 1), said point also being
the point of beginning; thence continue N 89o47'57"E 1308.96
feet along said north line to a point of intersection with
the southerly extension of the east line of Block 2 of
MODEL LAND COMPANY'S SUBDIVISION of Section 21 according to
the plat thereof recorded in Plat Book 1, Page 128 of the
Public Records of Palm Beach County, Florida; thence run
S 0°49'23"E 206.19 feet along said line to a point; thence
run S 88°35'44"W 934.13 feet to a point; thence run S
1°24'16"E 140.00 feet to a point; thence run S 88°35'44"W
505.54 feet to a point of intersection with said centerlin~
of State Road No. 5, said point also being a point on a
curve concave to the southeast having a radius of 1910.08
feet; a central angle of 11007 '51" and a chord bearing of
N20°50'll"E thence run northeasterly 371.07 feet along the
arc of said curve and along said centerline to the point of
beg inn lng.
Section 3. That the following described propert5- in the City of
Delray Beach, Florida, is hereby rezoned and placed in the "R1-AA Single
Family Dwelling District" as defined by Chapter 29 of the Code of Ordi-
nances of the City of Delray Beach, to-wit:
Parcel C
A parcel of land in Section 28, Township 46 South, Range
- 2 - Ord. No. 41-75.
164E
43 East, Palm Beach. County, Florida, being more particular-
ly described as follows:
Commencing at the northwest corner of said Section 28;
thence run N 89°47'57"E 1898.22 feet along the north line
of said Section 28, to a point of intersection with the
southerly extension of the east line of Block 2 of MODEL
LAND COMPANY'S SUBDIVISION of Section 21 according to the
plat thereof recorded in Plat Book 1, Page 128 of the
Public Records of Palm Beach County, Florida; thence run
S 0°49'23"E 206.19 feet along said line to the point of
beginning; thence run S 88°35'44"W 934.13 feet to a point;
thence run S lO24'16"E 140.00 feet to a point; thence run
N 88°35'44"E 932.72 feet to a point; thence run N 0°49'23"W
140.00 feet to the point of beginning.
Section 4. That the Planning Directors of said City shall, upon the
effective date of this ordinance, change the Zoning-Map of Delray Beach,
Florida, to conform with the provisions of Sections 1, 2 and 3 hereof.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1975.
MAYOR
ATTEST:
City Clerk
First Reading. September 8, 1975
Second Reading.
164F
i ii II I II I IIII I Ill ~- ' .... J
164G
RESOLUTION NO. 42-75
A RESOLUTION MAKING APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR THE PERIOD FROM THE lST DAY OF
OCTOBER, 1975, TO THE 30TH DAY OF SEPTEMBER, 1976;
TO PRESCRIBE THE TE~S, CONDITIONS AND PROVISIONS WITH
RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAY-
MENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT
WITH THIS RESOLUTION, AND ALL RESOLUTIONS INCONSISTENT
WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSIS-
TENCY.
BE IT RESOLVED by the Council of the City of Delray Beach,
Florida: That the following sums of money be, and hereby are, appro-
priated upon terms, conditions and provisions hereinbefore and here-
inafter set forth:
ARTICLE I
GENERAL FUND
Other Capital
Estimated Expenditures Salaries Expenses Outlay. Total
Div. of Gen. Gov't. $ 430,435 $ 208,830 $ 10,190 $ 649,455
Div. of Pub. Safety 1,922,345 265,630 143,280 2,331,255
Div. of Pub. Works 724,640 493,735 26,500 1,244,875
Libraries 122,435 122,435
Div. of Parks & Recrea. 685,970 313,345 20,950 1,020,265
Non-Dept. Division 1,207,630 1,207,630
Debt Service 464,990 464,990
TOTAL ESTIMATED
EXPENDITURES $ 3,763,390 $ 3,076,595 $ 200,920 $ 7,040,905
GENERAL FUND
Estimated Revenue
General Property Taxes $ 2,984,950
Franchise Taxes 377,800
Licenses, Permits, & Fees 220,600
Fines & Forfeitures 127,000
Revenue From Use of Money & Property 51,500
Revenue From Other Agencies 900,900
Charges For Current Services 781,600
Sales or Recovery For Loss of Property 22,950
Contributions & Transfers From Other Funds 1,464,925
Unappropriated Surplus 108,680
TOTAL ESTIMATED REVENUE ~ 7,040,905
164H
ARTICLE II
WATER AND SEWER FUND
DEPARTMENT OF PUBLIC UTILITIES
Other Capital
Estimated Expenditures Salaries Expenses Outlay Total
Administration $ 107,770 $ 33,555 $ 14,820 $ 156,145
Water Source 72,750 72,750
Water Treatment 112,340 97,275 1,095 210,710
Water Distribution 215,125 114,350 70,000 399,475
Accounting and
Collection 80,130 80,130
Sewer System 223,920 100,700 61,150 385,770
Non-Dept. Division 966,910 966,910
Debt Service 680,290 680,290
TOTAL WATER AND SEWER
FUND EXPENDITURES $ 659,155 $ 2,145,960 $ 147,065 $ 2,952,180
WATER AND SEWER FUND
Estimated Revenue
Revenue From Use of Money and Property $ 276,200
Revenue From Other Agencies 65,500
Charges For Current Services 2,115,990
Sale and Recovery For Loss of Property 550
Unappropriated Surplus 493,940
TOTAL ESTIMATED REVENUE $ 2,952,180
ARTICLE III
CIGARETTE TAX FUND
Estimated Expenditures
Transfer to Other Funds $ 30,000
Debt. Service 144,265
TOTAL ESTIMATED EXPENDITURES $ 174,265
CIGARETTE TAX FUND
Estimated Revenue
Revenue From Use of Money and Property $ 6,500
Revenue From Individuals and Other Agencies 100,000
Contributions and Transfers From Other Funds 47,435
Unappropriated Surplus 20,330
TOTAL ESTIMATED REVENUE $ 174,265
-2-
Res. No. 42~75
164I
ARTICLE IV .
UTILITY TAX FUND
Estimated Expenditures
Transfers to Other Funds $ 510,030
Debt Service 44,655
TOTAL EXTIMATED EXPENDITURES $ 554,655
UTILITY TAX FUND
Estimated Revenue
Utilities Consumption and Service Taxes $ 554,000
Revenue From Use Of Money and Property 2,500
Unappropriated Surplus (1,845)
TOTAL ESTImaTED REVENUE $ 554,655
ARTICLE V
CONDITIONS RELATING TO APPROPRIATIONS
Section 5.1 - All monies hereinbefore appropriated are appropriated
upon the term~ condition, and provisiens hereinbafore and hereinafter
set forth.
Section 5.2 - Subject to the qualifications contained in this resolution
all appropriations made out of the General Fund are declared to be maxi-
mum, conditional, and proportionate appropriations, the purpose being
to make the appropriations payable in full in the amounts herein named
if necessary and then only in the event the aggregate revenues col-
lected and other resources available during the period commencing the
1st day of October, 1975, and terminating the 30th day of September,
1976, 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, 1975, and terminating the 30th day of September,
1976.
Section 5.3 - All balances of the appropriations payable out of the
General Fund of the City Treasury unencumbered at the close of business
on the 30th day of September, 1975, except as otherwise provided for,
are hereby declared to be lapsed into the City Treasury and may be
used for the payment of the appropriations which may be made in any
appropriation for the fiscal year commencing the 1st day of October,
1975, provided, however, nothing in this Section shall be construed to
be applicable to unencumbered balances remaining to the credit of the
Water and Sewer Fund, Cigarette Tax Fund or any funds created by the
setting up of special reven~e, but such balances shall be used in
financing the proposed exPenditures of these funds for the fiscal year
commencing the 1st day of October, 1975.
-3-
Res. No. 42-75
164J
Section 5.4 - No division, department, bureau, agency, or individual
receiving appropriations under the provision of this resolution, as
outlined in Articles I through IV, shall exceed the amount of its or
his appropriation, as outlined in Articles I through IV except with
the consent and approval of the City Council first obtained; and if
such division, department, bureau, agency, or individual shall exceed
the amount of its or his appropriation without such consent and appro-
val of the City Council, the administrative officer or individual,
in the discretion of the City Council, may be deemed guilty of neglect
of official duty and may be subject to removal therefor.
Section 5.5 - Nothing in this resolution shall be construed as authori-
zing 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, Florida.
Section 5.6 - None of the monies enumerated in this resolution in
connection with the General Fund, Water and Sewer Fund, Cigarette Tax
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 Director of Finance to see that this section is complied with
in all respects and report to the City Manager and City Council any
violations thereof.
Section 5.7 - All monies collected by any deparsment, bureau, agency
or individual of the City Government shall be paid promptly into the
City Treasury.
Section 5.8 - The foregoing 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 expendi-
tures of the funds appropriated shall apply only to the lump sum
amounts for classes of expenditures which have been included in this
resolution.
ARTICLE VI
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, this 8th day of September, 1975.
AT~'EST:
City Clerk
-4-
Res. No. 42-75
164
RESOLUTION NO. 43-75
A RESOLUTION MAKING APPROPRIATIONS OF SUMS OF
MONEY FOR EXPENDITURES FROM THE FEDERAL REVENUE
SHARING TRUST FUND OF THE CITY OF DELRAY BEACH,
FLORIDA, FOR THE PERIOD FROM THE FIRST DAY OF
JULY, 1975, TO THE 30TH DAY OF JUNE, 1976.
BE IT RESOLVED by the Council of the City of Delray Beach,
Florida: That the following sums of money be, and hereby are
appropriated under the conditions hereinafter set forth:
ARTICLE I
FEDERAL REVENUE SHARING TRUST FUND
Estimated Expenditures
4th Avenue Recreation Complex Development $192,546
Cemetery Development 85,642
Delray Beach Public Library 12,477
Financial Administration 2~000
New Roof, Community Center 16,000
New Roof, Catherine Strong Center 11,000
Teen Town Pool: Wall, Fence and Decking 11,100
Teen Town Ball Field: Lights and Fence 31,140
~Garbage Containers 3,000
Police Salaries 470,000
Reserve For Contingencies 4,085
TOTAL ESTIMATED EXPENDITURES $838,990
FEDERAL REVENUE SHARING TRUST FUND
Estimated Revenue
Revenue From Use of Money and Property $ 5,000
Revenue From Other Agencies 417,087
Unappropriated Surplus 416,903
TOTAL ESTIMATED REVENUE $838,990
ARTICLE II
CONDITIONS RELATING TO APPROPRIATIONS
Section 2.1 - All monies hereinbefore appropriated are appropriated
upon the terms, conditions, and provisions hereinbefore and hereinafter
set forth.
164L ~
Section 2.2 - No division, department, bureau, agency, or individual
receiving appropriations under the provision of this resolution, as
outlined in Article I, shall exceed the amount of its or his appropri-
ations, as outlined in Article I 4except with the consent and approval
of the City Council first obtained; and if such division, department,
bureau, agency, or individual shall exceed the amount of its or his
appropriation without such consent and approval of the City Council,
the administrative officer or individual, in the discretion of the
City Council, may be deemed guilty of neglect of official duty and
may be subject to removal therefor.
Section 2.3 - None of the monies enumerated in this resolution shall
be expended for any purpose than those for which they are appropriated,
and it shall be the duty of the Director of Finance to see that this
section is complied with in all respects and report to the City
Manager and City Council any violations thereof.
Section 2.4 - The foregoing budget be and hereby is adopted as the
official budget of the Federal Revenue Sharing Trust Fund of the
City of Delray Beach for the aforesaid period.
ARTICLE III
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, this 8th day of September, 1975.
ATTEST:
Clerk
-2-
Res. No. 43-75