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04-08-74
APRIL 8, 1974 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., Mon- day, April 8, 1974, with Mayor Jaraes H. Scheifley presiding, City Manager J. E!don Mariott, City Attorney G. Robert Fellows and Council men, ers Grace S. Krivos, David E. Randolph, J. L. Saunders and Leon Mo Weeke s present. 1. The opening prayer was delivered by Rev. Frank Hamilton, Church of the Palms, Delray Beach. The Pledge of Allegiance to the Flag of the United States of America was given. The minutes of the regular Council meeting of March 25, 1974, were approved unanimously on motion by Mrs. Krivos and seconded by Mr. Randolph. 4~a Mayor Scheifley read a Proclamation proclaiming Saturday, April 20, 1974, as Bike Safety Day sponsored by the Dairy Queen Stores and the Veterans of Foreign Wars and their Auxiliaries. 4.b. Mayor Scheifley read a Proclamation proclaiming the week cf April 21 through 27, 1974, as Secretaries Week and April 25, 1974, as Secretaries Day in Delray Beach. 5~a. Mr. Ron Sanson, 1630 Cathrine Drive, Delray Beach, spoke from the floor concerning the proposed construction of a high zise condo- minium on the south side of East Atlantic Avenue just east of the Intracoasta! Waterway, on which there will be a Planning and Zoning Board Public Hearing on April 16, 1974, and voiced his disapproval of such construction. 5.b. Mr. Robert Esposito, Imperial Villas, Delray Beach, spoke from the floor concerning the lack of some type of illumination at the entrance to Imperial Villas from Lowson Boulevard so that people can locate the development at night. City Manager Mariott will check into this situation with regard to the ' ' v responsmb~lit~ of the developer. Messrs. Lou Zontini, John DeKoning, Frank Mudaro, and Mrs. Doris Kristy, all residents of Imperial Villas, spoke from the floor concerning problems in their subdivision including sewage, inadequate green belt azeas and sidewalks, high water from the lake du~ing heavy rains, re- fusal of permits to construct porches, and promises from the developer as to the size of the swimming pool and recreation building. Mr. Weekes recommended that representatives of the group contact Mrs. Skaggs, County Consumer Advocate, West Palm Beach, Fla., with regard to the items which are the developer's responsibility. Mayor Scheifley re- quested that the group list their complaints and make an appointment to meet with the city Manager who will have building officials avail- able to go over the items concerning the site plan. Mr. Weekes re- quested that Council be apprised of the outcome of this meeting with the City Manager. 6.a. City Manager Mariott stated that the terms of J~aes J. Postma and Haild Zeder, Regular members, and Quinton G. Minor and James V. Pigna to, Alternate members of the Board of Adjustment, expired on March 15, 1974. The Board of Adjustment has recommended to Council that Regular members James J. Postma and Haild Zeder and Alternate 254 me~er James V. Pignato be reappointed and that R. P. Price be ap- pointed as an Alternate member to serve three-year terms expiring on March 15, 1977. Mr. Saunders made the motion that this item be tabled until the next Council meeting, seconded by Mrs. Krivos, said motion passing unanimously. 6.b. The City Manager recommended that Council authorize, upon re- quest of the County, City payment of half the purchase price in the amount of $344,050.00 of the Kucera-Gwynn property and the Lohrman property located on State Highway A1A in accordance with the terms of Resolution No. 16-74 adopted by Council on March 25, 1974. it was ascertained from the'City Attqrney that the County will keep title to the deeds and enter into a 99 year lease with the City at $1.00 per year. Mrs. Krivos questioned the advisability of allowing the County to hold title to the property when the City is paying half the cost. Mr. Saunders suggested that the City work toward joint o~ership of the property with the County. Mayor Scheifley suggested the County Attorney be contacted prior to a special Council meeting on April 11~ 1974, at 5:15 P.M. to explore the possibility of joint ownership, and that a motion be made to table authorization for payment until such meeting. Mrs. Krivos so moved, seconded by Mr. Saunders, said motion passing unanimously. 6.c. Regarding the beautification of the median strip on West Atlan- tic Avenue beginning at Atlantic Avenue's intersection with Homewood Boulevard and extending eastward to the western terminus of the exist- ing landscaped median with the Evening Garden Club of Delray Beach paying $3,500 and the city paying the remaining $5,300 cost of the 'project, the City Manager stated that in view of recent developments, wherein members of the Beautification Committee have indicated that they would attempt to secure additional funding for said beautification, he would suggest this '~ l~ b~ ~oo~d ~ and actcd Council meeting. Mayor Scheifley clarified this by stating that WDBF Radio, the Delray Beach Country Club and the High Point Condominium had been suggested as possible participants in this project, and that the City would not necessarily have to commit itself to the $5,300 co'st if these other groups would participate. The City Manager will contact Mrs. L. M. Merritt of the Evening Garden Club and Mr. Marshall DeWitt of the Beautification Committee to keep them apprised of the situation. A motion was made by Mr. Randolph to table this item until the next regular Council meeting, seconded by Mr. Saunders, said motion passing unanimously. 6.d. The City Manager stated the following bids have been received for renovations at the tennis center: BIDDER BIDS Hawkins & Mouw $5,686.00 Campbell Construction Company 6,100.00 B. I. K. Construction Company 6,295.00 It is recommended that Council authorize, by'motion, the award o~ the contract to the low bidder, Hawkins & Mouw in the amount of $5,686.00, for which purpose funds are provided in the current budget. Renovations include the relocation of interior partitions to increase space in the pro shop and minor modification of the lounge area. A motion was made by Mr. Saunders to accept the low bid of Hawkins & Mouw, seconded by Mr. Weekes, said motion passing unanimously. - 2 - 4-8-74 7.a. The City Manager recommended that this item concerning the ap- plication of Sandra Weather for permission to add three taxicabs to the fleet operated by her, doing' business as Delray. Beach Taxi, not be considered at this meeting. Mrs. Werther is out of town, City re- quirements have nct been met up to the present time, and a request · was made by the lccal manager of the company to postpone this item until a future meeting. 7.b. City Manager Mariott reported that a request has been received that the zoning of 1+ acre of land on the north side of Linton Boule- vard between Linton Boulevard and S. W. 12th Court be changed from RM-15 (Multiple Family Dwell. lng) to SC (Specialized Commercial), ap- plicant James J. Ritterbusch. This parcel is located in the SE¼ of Section 19-46--43 at the N. W. corner of the intersection of Linton Boulevard and Congress Avenue. It is recommended that the request be referred to the Planning and Zoning Board for study and recommen.da- tion. A motion was made by Hr. Weekes for referral to the Planning and Zoning Board, seconded by Mr. Saunders, said motion passing unani- mou siy. 7.Co Mayor Scheifley acknowledged receipt of the minutes of the Beautification Committee for-its March 6, 1974 meeting. Discussion ensued concezning the compatibility of bicycles and residents of the area walk[.ng on the bicycle paths constructed to the west of South A1A. Mayor Scheifley requested that Mr. Quentin Boerner, Chairman of the Beautification Committee,make note of this discussion and have his Bicycle Committee analyze 'the problem and present a reco~,~endation to Council. 8.a. The City Manager presented Resolution No. 17-74. A RESO.L[)'?~O~'~ O,~' TI~]iE C!T~.f COUNCIL OF %~H.E CITY OF DELPJkY BEACH, FLORIDA, A~,[EL~DING THE PENSION PI~AN FOR Ti@] GENERAL EMPLOYEES OF THE CITY BY PRO- VIDING A F~F%~ PERCENT (50~o) iNCREASE IN PAYq~ENTS TO T~[E RETIlqE.,ES AL~ BENEFICIARIES AS OF APRIL 1, 1974, WITH PAY~LElfTS CO_~,3,L2NCING ON MAY 1, 1974. (Copy of Resolution No. ].7-74 is attached to the official copy of these minutes.) City Manager Mariott recommended adoption of this resolution, it having been discussed at several, prior workshop meetings. Mrs. Krivos moved for the passage of Resolution No. 17-74, seconded by Mr. Weekes. Upon roll' call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley- Yes. 8.b. The City Manager presented Resolution No. 18-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AU~-{ORIZING THE CITY MANAGER TO PROVIDE FOR THE ELECTION OF TRUSTEES FROM. THE POLICE AN.-O FIRE DEPARTMENTS TO SERVE AS TRUSTEES 0~ THE CITY OF DELP~AY BEACH POLICE AND FIREFIGHTER'S RETIREMENT SYSTEM AS SET FORTH IN PROPOSED ORDINANCE NO. 12-74. (Copy of Resolution No. 18-74 is attached to the official copy of these minutes.) ~ne City Manager recommended adoption of Resolution No. 18-74 as set out above. Mr. Saumders so moved, seconded by Mr. Randolph. - 3 - 4-8-74 256 Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.c. City Manager Mariott presented Resolution No. 19-74. A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, REQUESTING THAT AMTRAK INITIATE RAIL PASSENGER SERVICE ALONG FLORIDA EAST COAST. (Copy of Resolution No. 19-74 is attached to the official copy of these minutes.) The City Manager stated that this resolution was discussed at the workshop meeting on April 1, 1974. Following discussion concern- ing the possible assurance of Amtrak stopping at Delray Beach, Mr. Weekes moved for passage of Resolution No. 19-74, seconded by Mrs. Krivos. Upon roll call Council voted as-follows: Mrs. Krivos - Yes; Mr. ~andolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.d. City Manager Mariott presented Resolution No. 20-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CITY CONTRACT FOR INSTALLING P.V.C. (Poly- vinyl Chloride) COndUIT ON BEACH FOR TELEPHONE SYSTEM FOR LIFEGUARD STANDS FOR ENTIRE LENGTH OF BEACH. (Copy of Resolution No. 20-74 is attached to the official copy of these minutes.) The city Manager stated that the conduit would be installed in the vicinity of the snow fence on the beach, as recommended by the engineers, at a cost of $3,050.00. Mr. Saunders moved for passage of Resolution No. 20-74, seconded by Mr. Randolph. Upon roll call, Coun- cil voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes~ 8.e. City Manager Mariott presented Resolution No. 21-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE RENOVATION AND CONSTRUCTION OF OFFICE FACILITIES IN THE MASTER LIFT STATION. - (Copy of Resolution No. 21-74 is attached to the official copy of these minutes.) The City Manager stated that three bids have been received for the renovation of office facilities in the Master Lift Station as listed in Resolution No. 21-.74, and recommended the contract be awarded the low bidder, ~aul Loudin Contractor, in the amount of $3,440.60. Renovation will be entirel~ within the existing outer walls and will utilize some of the unused space. Mrs. Krivos moved for passage of Resolution No. 21-74, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolp~ - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.f. City Manager Mariott presented Resolution No. 22-74. - 4 - 4-8-74 287 A RESOLUTION OF THE CITY COUiqCIL OF THE CITY OF DELRAY BEACtt, FLORIDA, AUTi-iORIZING A CITY CONTRACT FOR %R{E ASPHALT RESURFACiNG OF CERTAIN STREETS. (Copy of Resolution No. 22-74 is attached to the official copy of these minutes.) The City Man~er stated this resolution would provide for the resurfacing of streets listed in said resolution at an estimated cost of $21,855.00,~ the contractor to be Dixie Asphalt Company. Funds for these street improvements will be taken from the bond issue account of the Southwest Drainage Project. Mr. Weekes moved for passage of Resolution No. 22-74, seconded by Mr. Saunders. Upon roll call, Coun- cil voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.g_ City Manager Mariott presented Resolution No. 23-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, URGING PASSAGE OF HOUSE BILL 2809, PROVIDING FOr~ Y~LE STATE, UNDER SPECI- FIED CO~IDITIONS, TO PAY THE MAJOR PORTION OF THE- COST OF BEACH EROSION CONTROL iN' THE STATE OF FLORIDA. (Copy of Resolution No. 23-74 is attached to the official copy of these minutes.) The City Manager stated that by passage of House Bill 2809 by the State Legislature, the State will be authorized to pay all of the non-federal construction and maintenance costs for federally approved projects in Flori~.~, as specifically concerns our beach erosion pro- ject. Upon recommendation of Mr. Weekes, it was agreed that the Palm Beach Municipal League should be contacted as it may be beneficial for them to pass a similar resolution. Mr. Randolph moved for passage of Resolution No. 23-74, seconded by Mr. Saunders. Upon roll call, Coun- cil voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.h. The City Manager presented Ordinance No. 14-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~NEXING TO THE CITY OF DELRAY BEACH CERTAIN i~ANDS LYING IN SECTIONS 7 AND 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~IICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING ~{E BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; A~D PRO- VIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 14-74 is attached to the official copy of these minutes.) A Public Hearing was held, having been legailv 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 Hear- ing was closed. Mr. Saunders moved for the adoption of Ordinance No. 14-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes~ Mr. Weekes - Yes; Mayor Scheifley - Yes. - 5 - 4-8-74 288 8.i. City Manager Nariott presented Ordinance No. 15-74. AN ORDINANCE OF ~ ~' lh~ CI~f COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~N~DING SUBSECTIONS 13-4 (f) (2) PERTAINING TO FEES FOR ROUGH WIRING OUTLETS AI~D FIXTURES ALrD 13-4 (g) (2) PERTAINING TO THE ALLOWANCE OF ROMEX AND EMT IN ONE- AL~D TWO-FAMILY RESIDENCE.$. OF CHAPTER ].3 "ELECTRICITY" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AI~ENDED; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 15-74 is attached to the official copy of these minutes.) A Public Hearing was held, having been legally advertised in compliance wi¢h the laws of the State of Florida and the Charter' of the City of Delray Beach. There being no objections, the Public Hear- ing was closed. Mrs. Krivos moved for adoption of Ordinance No. 15-74 on second and final reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Randolph -Yes; Mr. Saunders Yes; Mr. Weekes -Yes; Mayor Scheifley- Yes. 8.jo The City Manager presented Ordinance No. 16-74. AN ORDINLANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AM~DING SUBSECTION 4-4 (a) PERTAINING TO CONSUMPTION A~.~D SALE OF BEER AND WINE "ALCOHOLIC BE\ ERAGES OF THE CODE OF ORDINANCES OF THE CITY OF DELP~AY BEACH, AS A~NDED; REPEALI~G ALL ORDINANCES OR PARTS OF OPDINANCES IN CONFLICT HERE- WITH; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 16-74 is attached to the official copy of these minutes.) 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. Mrs. Dorothea Montgomery,..80 Venet~ian Drive, Delray Beach, spoke from the floor voicing her disapproval of' bars and restaurants serving alcoholic beverages being allowed to stay open un- til '4:00 A.M. The Public Hearing was closed. Mr. Weekes moved for adoption of Ordinance No. 16-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Kriv0s - No; Mr. Randolph -Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 8.k. The City Manager presented Ordinanc'e No. 20-74. AN ORDINANCE OF THE Ci~I~f COUNCIL ~OF THE C--~f OF DELRAY BEA~{, FLORIDA, ANI~EXING TO THE CITY OF DELP~AY BEACH CERTAIN I~AND, N~24ELY LOT il, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. - 6 - 4-8-74 289 City Manager Mariott s'tated that the applicants, Lonnie W. and Mary Ellen Cook, are requesting annexation of Lot 11, Lake Shore Es-- tates, 2102 N.W. 4th Avenue, subject to R-1AA zoning, which is com- patible with the zoning of surrounding properties. It is recommended Ordinance No. 20-74 be adopted on first reading, so moved by Mr. Saun- ders, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 9.a. The City Manager reported that the Planning and Zoning Board at a meeting held on March 19, 1974, recommehded by unanimous vote that Council approve the site plan and conditional uses (list of which is attached to the official copy of these minutes) for Delray.Mall Shop- ping Center (Phase II), a 16.15 acre tract in Sections 20 and 21, Township 46 South, Range 43 East, North of Linton Boulevard between South Federal Highway and Old Dixie Highway.~ This site plan was re- viewed by Council at its April 1 workshop meeting, at which time Coun- ci! informally agreed to approve the plan and conditional uses with the understanding that modified plans are to be submitted for subsequent Council approval incorporating in them the relocation of an entryway to the site from Dixie Highway to a point approximately 330 feet southward as required by the County Engineering Department. Mr. Saunders so moved, seconded ]Dy Mr. Randolph, said motion passing unanimously. 9.b. The City Manager reported that the Planning and Zoning Board at a meeting held on March 19 recommended by unanimous vote that Council approve the preliminary plat for Delray Mall Shopping Center (Phase II) subject to the approval of the site plan and conditional uses for this project. The same contingency with regard to the relocation of an en- tryway to the site that applies to Item 9.a. is also applicable to thJ. s item. Mr. Randolph moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Saunders, said motion passing unani- mously. 9.c. City Manager Mariott reported that the Planning and Zoning Board at a meeting held on March 19 recommended by unanimous vote that Council approve the final plat for Delray Mall Shopping Center (Phase II), subject to the approval of the preliminary plat. The same con- tingency with regard to the relocation of an entryway to the site that applies to Item 9.a. is also applicable to this item. Mr. Saunders moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Randolph, said motion passing unanimously. 9.d. The City Manager reported that the Planning and Zoning Board' at a meeting held on March 19 recommended by unanimous vote that the peti- tion of Mr. Henry Howley for rezoning 4.65 acres in Section ].8, Township 46 South, Range 43 East, West side of Congress Avenue between Lake Ida Road and Atlantic Avenue from RM-15 (Multiple Family Dwelling) to SC (Specialized Commercial) be denied. This item appeared on the March 25th Council Agenda, at which time Council referred it to a workshop meeting. It was considered at the April 1 workshop meeting, at which time it was agreed that the item should be referred back to the Planning and Zoning Board for further consideration. Mr. Robert Kinkead was at · the workshop meeting and spoke in behalf of the applicant, and Mr. Roy Simon and Mr. Tore Wallin spoke in behalf of the Planning and Zoning Board. Mr. Weekes made the motion to take this item off the table, seconded by Mrs. Krivos, said motion passing unanimously. Mr. Weekes moved to refer this matter back to the Planning and Zoning Board, seconded by Mrs. Krivos, said motion passing unanimously. 9.e. The City Manager stated that the Planning and Zoning Board at a meeting held on March 19 recommended by a vote of 4 to 0 (Colonel Poole abstained) that the Future Land 'Use Plan be amended to show LI - 7 - 4-8-74 290 (Light Industrial) in the area bounded on the north by S.W. 7th Street, on the south by S.W. i2th Street, on the west by the 1-95 right-of-way, and on the east by an irregular bound, aryo ~nis item was discussed by Council at its April 1 workshop meeting, at ~which time Council indicated its agreement with the recommendation. It is recommended that Council authorize advertising a public hearing on the proposed F. uture Land Use Plan modification. Mrs. Krivos so moved, seconded by Mr. Saunders, said motion passing 'unanimously. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Saunders, seconded by Mr. Randolph: General Fund .......... $613,919.43 Water and Sewer Fund ....... 387,852o68 Cigarette Tax Fund ........ 40,000.00 Utility Tax Fund ........ 64,850.00 Lowson Blvd. W&S Project Fund o . . 1,035.00 10.b.1. The City Manager reported that at a prior .workshop meeting Council informally agreed to transfer $2,000.00 from the General Fund Contingency Account to the Visiting Nurses Association. It is recom- mended a motion be made authorizing payment of this amount from the General Fund Contingency Account. Mr. Randolph so moved, seconded by Mr. Weekes, said motion passing unanimously° 10.b.2. City Manager Mariott reported that with regard to the imminent construction of the Linton Boulevard Bridge 'he was approached by the Beautification Committee who has examined the site and discovered a number of trees on the right-of-way that are well worth moving. 5~ey suggested that the city relocate these trees to wherever the City can use them. The Beautification Committee has contacted the County En~ gineer's Office an~ ~mem~ers o~ the Department o~ Transportation and both of these agencies are willing to have the City move the trees, with the'stipulation that the City hold them harmless. The City At- torney recommended that Council entertain a motion authorizing the entering into an appropriate agreement whereby the City will hold the County and the Department of Transportation harmless. Mr. Saunders so moved, seconded by Mr. Weekes, said motion passing unanimously. 10.b.3. The City Manager presented Resolution No. 24-74. A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA ENDORSING HOUSE BILL 2255 (AN ACT FOR THE RELIEF OF THE CITY OF POMPANO BEACH PROVIDING FOR REIM- BURSEMENT FOR ?HE CONSTRUCTION OF AN OCEAN OUTFALL IN RELIANCE ON APPROVAL BY THE FLORIDA STATE BOARD OF HEALTH) AND URGING LOCAL ME~[BERS OF THE HOUSE AND SEk~TE TO SUPPORT HOUSE BILL 2255 IN THE 1974 REGULAR SESSION. (Copy of Resolution No. 24-74 is attached to the official copy of these minutes.) The City Manager stated that the City of Pompano Beach, due to the change in sewage disposal laws, has been required by the State to abandon their State approved Ocean Outfall and connect with the North Broward Regional Sewage Treatment Plant. The City of Pompano Beach is asking other cities to pass a resolution supporting Pompano Beach in their action to obtain reimbursement from the State in the amount of $1,440,553.35 expended for the construction of the aforementioned Out- fall. Mrs. Krivos moved for passage of Resolution No. 24-74, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - 8 - 4-8-74 Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 10.b.4. Mr. Randolph stated that he was expressing the appreciation of the residents in the western section of Delray Beach for the many recent improvements in that area, i.e., repair of sidewalks and'streets and the demolition of old buildings. Mayor Scheifley reported that the Beautification Committee has ccmpiled a bound package on the "eye sores" with pictures, addresses, and lot owners. This has been turned over to the City Manager who will have it reviewed to see which ones are ordi- nance violations. It will also go the Chamber of Commerce Executive Committee for their ~eview. The Beautification Committee will then send letters to the property owners asking for their cooperation in beautifying their property. The meeting was adjourned at 9:22 P.M. City Clerk APPROVED: - 9 - 4-8-74 RESOLUTION NO. 17-74. A RESOLUTION OF THE CITY COU~ICIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~4E[>~D!NG THE PENSION PLAN FOR THE GENEP~AL EMPLOYEES OF THE CI_~' BY PRO- VIDING A FIFTY PEP, CENT (50~I) INCREASE IN PAY}~[ENTS TO T~IE RETII~EES AND BENEFICIAP, IES AS OF APRIL 1, 1974, WI~ITt PAYMENTS COM~IENCING ON [~_-~Y 1, 1974. Wq~EREAS, the City Council, upon investigation and study, has determined that the present retired employees and beneficiaries of the City Pension Plan are receiving inadequate payments due to inflation resulting in an increase in cost of livJ. ng; and, ~tEREAS, said retirees and beneficiaries of the plan are re- ceiving inadequate payments despite long faithful years of service to this city, NOW, %~-IEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELP~AY DEACH: Section 1.. That Resolution No. 1489, as amended by Resolu- tions No. 73-70 and No. 25-71, is hereby amended to increase the payments to the nineteen (19) retirees and beneficiaries, who are presently receivin~ payments, as of April 1, 1974, by fifty percent ( 5074). .S..e~ction 2. That the fifty percent (50%) increase shall take effect with the May 1, 1974 payment. Section 3. That increased cost for the pension increase of $535.64 per month (from $1,.071.28 to $1,606.92) shall be charged against the assets of the pension plan for the general employees of the city. Section 4. That this Resolution shall take effect immediately upon passage. PASSED AN~ ~0PTED in regular session on this the 8th day of A~ril, 1974. ATTEST: ~.' M k Y. 0 R C ~'/ 291B RESOLUTION NO. 18-74. A RESOLUTION OF TI-YE CITY COUNCIL OF THE CITY OF DELP=AY BEACil, FLORIDA, AUTHOF, IZIi'TG THE CiTY ¥~Z~NAGER TO PROVIDE FOR THE ELECTION OF TRUSTEES FRO.M THE POLICE Ah~ FIRE DEPART_qENTS TO SERVE AS TRUSTEES ON THE CITY OF DELF~Y BEACH POLICE AND FIREFIGI'!TERS' RETIREMENT SYSTEM AS SET FORTH IN PROPOSED ORDINANCE ~IO. 12-74. WHEREAS, the City'is in the process of adopting a new pension pla~. for Police and 'Firefighters, namely, Ordinance No. 12-74; and, ~qIEREAS, it is necessary that the trustees be selected prior tO final, passage of the ordinance so that said ordinance may be effective immediately, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T~E CITY OF DEL~XY BEACH, FLORIDA, AS FOLLOWS: That the City Manager' is authorized to provide for an election of two truste'es from the Police Department and two trustees from the Fire Department in as close a compliance as possible with the re- quirements as set forth in proposed Ordinance No. 12-74. PASSED ALrD ADOPTED in regular session on this the 8th day of April, 1974. [ MAYOR ATTEST: City C].e rk ~ 291C RESOLUTION NO. 19-74. A RESOLUTION OF THE CITY COUNCII, OF Tt~ CITY OF DELRAY BF~ACH, FLORIDA, REQUESTING ~T AMTRAK INITiA~E~P~IL PASSENGER SERVICE ALONG FLORIDA EAST COAST. W}~REAS, the energy problem is having a drastic effect on the movement of tourists upon which this c~mmunity depends; and, WHEREAS, mass transportation of passengers was mandated to Amtrak; and, W~IEREAS, this community's life blood would be more secure if mass transportation would be available to all the communities on the'east coast of Florida from Miami to Jacksonville; and, WHEREAS, the present facilities of the Florida East Coast Railway 'Company exist for Amtrak passenger service through the cities, towns and communities abutting the Atlantic Ocean in -Florida; and, WHEREAS, the present facilities of the Florida East Coast Railway Company provide no passenger service so that east coast residents and tourists have no use of an ener~f saving and economi- cal means of transportation, NOW, ~HEREFORE, BE iT RESOLVED BY ~5~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That there is a need of rail passenger service along the Florida east coast. 2. That Amtrak is requested to conduct a study to determine the desirability and need for such service along Florida's east coast. ~ BE IT FURTHER RESOLVED, that this Resolution be forwarded to Amtrak, Washington, D.C., the Governor of the State of Florida, the United States Senators and Representatives from the Congressional Districts within Palm Beach County and to the Florida East Coast Railway Company. - PASSED AND ADOPTED in regular session on this ~he 8th day of April, 1974. MAYOR ATTEST: . "? l,' .' -: ;.n. , ?_. .. , 291D RESOLLVPION NO. 20-74. A RESOLD~P. ION O14' THE CITY COUNCIL OF THE CITY OF DELIbAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CITY CONT]~CT FOR INSTALLING P.V.C. (Pol~- ~q~_de) CONDUIT ON BEACH FOR TE~PHONE vinyl Ch ~ ~ SYSTEH FOR' LIFEGUA~ STraNDS FOR ENTIRE LENGTH OF BEACH. ~R~tS, it is the recom~nendation of the City Hanager that the Council, acting by authority of provisions of Section 78 of the City's chaz~er, award a contract for installing P.V.C (Poly- Vinyl Chloride) conduit on beach for telephone system for life- guard stands for the entire length of public beach; and W}~EAS, a price for installing P.V.C. (Po!y-vinyl Chloride) conduit on beach for telephone system for lifeguard stands, for the entire length of public beach, was submitted by Rohrbaugh Sprinkler Service, in the ~mount of $3,050.00; and W~AS, the price furnished the City in the ~ount of $3,050.00 by Rohrbaugh Sprinkler Service, the City Engineering Office certifies that their price is reasonable and; W~AS, it is the Council's opinion that suCh award of contract would be in the best interest of the City, NOW, TI~REFORE, BE IT ~SOLVED BY T~ CITY CO~CiL OF T~ CITY OF DELP~IY BEACH, FLORIDA, AS FOLLOWS: " 1. That said contract for installing P.V.C. (Po!y- .. vinyl. Chloride) conduit on beach for telephone system for lifeguard stands for the entire length of beach, in the ~ount of $3,050.00 be awarded .- to Rohrbaugh Sprinkler System. 2. That said improvement shall be funded with money from beach restoration funds. PASSED AND ADOPTED in regular session this 8th day of April 1974 City Clerk 291E RESOLUTI©N NO. 21-74. A RESOLI.,~ION OF ~.~.is CiTY COUNCIL OF ThE ~.ITY OF DELRAY BEACft, FLORIDA, AUTHORIZING A CiTY CONTRACT FOR THE RENOVATION AND' CONSTRUCTION OF OFFICE ~.~r~ .... r~m~zl~ iN THE iYbXSTEE LIFE STAT I ON. WHEREAS, it is the recommendation of the City Manager that the Council, acting, by authority of provision in Section 78 of the City's Charter, award a contract for the renovation of the Master Lift Station and construction of office facilities in accordance with details as supplied by the Utility Director. _ WHEREAS, three bids have been received for the renovation in the ~ounts of: Hawkins & Mauw, Inc. $5,.143.00 Paul Loudin, Contractor 3,440.60 C~pbell Construction Co. 3,654.00 ~ich bids the DJ. rector of Public Utilities certifies as being reasonable; and, W~REAS, it is the Council's opinion that the award of this contract would be in the best interest of the City, NOW, THEREFORE, BE IT ~SOLVED BY THE CITY CO~CIL 0F T~ CITY OF DELP~Y BEACH, FLORIDA, AS FOLLOWS: ! ~ .......... ~ these ice ....... ~ .... ~ ~.~ construction of ozz=~ facilities be awarded to Paul Loudin, Contractor, who is the low bidder in the ~nount of $3,440.60. 2. That this improvement shall be funded from funds so budgeted for this project. PASSED ~qD ~OPTED on this 8th day of April , 1974. ATTE ST: .. City Clerk 291F RESOLUTION NO. 22-74. A RESOLUT!Ob! O~ ,'~v~ ..... ' ._ ~n~ ~..~.~ COIX.~CIL 'OF TttE CITY OF DELRAY BEACH, FLORIDA, AU%IlORIZIN, G A CITY CONT~ICT FOR THE ASPHAL? RESURFACING OF CERTAIN STREETS. WHEREAS, it is the recommendation of the City Manager that the Council, acting by authority of provisions of Section 78 of the City's Charter, authorize the proper city officials to con- tract for the asphalt resurfacing of City streets at a negotiated price of $15.00 per ton; and, WHEREAS, such contract is to be for .the asphalt resurfacing of the following streets designated by the City Administration: STREET FROM TO S.W. 4th Avenue s.W. 2nd Street S.W. 4th Street S.W. 6th Avenue S.W. 2nd Street S.W. 4th Street S.W. 8th Avenue S'.W. 3rd Street S.W. 4th Street S.W. 2nd. Street S.W. 6th Avenue S.W. 7th Avenue S.W. 2nd Street S.W. 8th Avenue S.W. 13th Avenue S.W. 4th Street S.W. 8th Avenue S.W. 12th Avenue and, WI~REAS, payment for such contract is to be made from the Bond Account of the Southwest Drainage Project due to the fact that the construction of the Southwest Drainage Project damaged the streets to such an extent that resurfacing is necess~ry~ and, WHEREAS, it is the Council's opinion that such action would be in the best interest of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLL~S: That authorization is hereby granted for the contracting for the asphalt resurfacing of streets by Dixie Asphalt Company at the negotiated price of $15.00 per ton. PASSED AND ADOPTED in regular session on this the 8th day Of April, 1974. ATTEST: City Clerk 291G RESOLU'I"TON NO. 23-7~.t. A RESOLUTION OF THE CITY COUNCIL OF Ti!E CITY OF DELRAY BEACIt, FLORIDA, URGING PASSAGE OF ItOUSE BILL 2809, PRO- VIDING FOR TItE ST'ATE, UNDER SPECIFIED CO~[DITIONS, TO PAY TIIE MAJOR PORTION OF TftE COST OF BEACH EROSION CON- TROL iN Tile STATE OF FLORIDA. WHEREAS, continuing beach erosion along most of Florida's shoreline is one of the State's biggest problems, as evidenced by the fact that each year up to 500 acres of the State's beaches are lost to the ocean by eros ion; and, WHEREAS, past sporadic, piecemeal efforts to cope with the beach ero- sion problem in Florida have not, in general, proved to be effective; and, WHEREAS, the Speaker of the House of Representatives, at the end of the 1973 session of the State Legislature, appointed a Select Co]mmittee to study the State's erosion problems and reconunend legislation designed to resolve them; and, WHEREAS, the Select Conu~nittee, under the able chairmanship of the Honorable Lorenzo Walker, Re-oresentative from the 89tk District, after ex- haustive study concluded that financial considerations at th~ local ~ ~ constituted the major roa~b!ock to State-wide resolution of the beach ero- sion problem and that the State should, therefore, ass~e a major prtion of the cost of beach erosion control; and, WHEREAS, legislation (Hous'e Bill 2809) was prepared and approved by the Select Committee providing for tremendously increased State financial participation in the cost of beach erosion control including along with other provisions, State pa~ent of up to 100}~ of non-federal construction ~EREAS, House Bill 2809 has been placed on the House calendar, has been approved by the Natural Resources Co~mittee of the House, and is to be considered by the House Appropriations Cor~aittee; and, ~EREAS, the Board of Directors of the Florida Shore and Beach Pres- ervation Association, and the Bureau of Beaches and Shores, Department Qf Natural Resources recommend and sponsor passage of House Bill 2809, NOW, THEREFORE BE IT ~SOLVED BY THE CITY CO~CIL OF THE CITY OF DEL~Y BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council by unanimous vote urges favorable action' on House Bill 2809 by the House Appropriations Co~ittee. SECTION 2. That the City Council by unanimous vote urges passage of House Bill 2809 by the House of Representatives and passage of a simi- lar Bill by the Senate. Be it further resolved, that this resolBtion be forwarded to the Speaker of the HoUse, the President of the Senate, th~ members of the Appropriations Co~ittees of the House and the Senate,, the members of the ~alm Beach County Legislative Delegation and the Honorable Lorenzo Walker, Representative of the 89th District and chairman of the Select Co~ittee. PASSED ~D ADOPTED in regular session on this the 8~h day of Apr%l, 1974. ATTEST: ~/' M' A Y O R' ~' 291H RESOLUTION NO. 24-74. A RESOLUTION OF TIIE CITY OF DELPA. Y BEACII, FLORIDA ENDORSING HOUSE BILL 2255 (AN ACT FOR THE RELIEF OF TIlE CITY OF POMPANO BEACH PROVIDING FOR REIM- BURSEMENT FOR THE CONSTRUCTION OF AN OCE~N OUTFALL iN RELIANCE ON APPROVAL BY THE FLORIDA STATE BOARD OF HEALTH) AND URGING LOCAL MEMBERS OF THE }lOUSE AND SENATE TO SUPPORT HOUSE BILL 2255 IN THE 1974 REGULAR SESSION. WHEREAS, the State of Florida did authorize and approve via Flori- la State Eoard of Health the construction of a~ Ocean Outfall by the City ~f Pompano Beach in 1962; and, WHEREAS, in reliance 'upon the aforesaid approval of the State Florida 'the City of Pompano Beach expended $1,440,553.35 for the con- struct~on of the aforesaid Outfall; and, WHEREAS, the State of Florida is now requiring the disconnection of the aforesaid Ocean Outfall, and the connection of the Pompano sewer system to the Outfall of the North Broward Regional Sewage Treatment Plant; and, WHEREAS, the City of Pofnpano Beach shall be required to spend an equivalent amount of money to build a transmission line to use the Ocean Outfall of the North Broward Regional Sewage Treatment Plant; and, WHEREAS, House ~ii 2255 has been filed in the Florida House Representatives for the 1974 regular session; and, WHEREAS, House Bill 2255 is an act for the relief of the City of Pompano Beach providing for reimbursement for the construction of an Ocean~ Outfall in reliance on the approval by the Florida State Board of Health; and, WHEREAS, after lengthy Evidentiary Hearings before °a Special Claims Master of the House Committee on Retirement, Personnel, and Claims, the Claims Master has ruled in favor of the City; and, WHEREAS, after a hearing before the full House Committee on Retire- ment, Personnel, and Claims, the Committee has moved the Bill favorably for adoption by the legislature, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF )ELRAY BEACH, FLORIDA: SECTION !: That the City Council of the City of Delray Beac/n en- dorses House Bill 2255 and urges the members of the Florida House of Rep- resentatives and Florida Senate to approve same. SECTION 2: That ~ copy of thi~ Reso].ution be ~orwarded to each member of the local delegation of the 1974 Florida Legislature. PASSED AND ADOPTED in reg'~lar session this 8th day of April, 1974. //'- ' ' ' M A Y O R ' ~/ ATTEST: t, ~0t:~, '~ "'" '~ " : '" City Clerk 291I OkD!NANCE NO. 14-74. AN ORDINANCE OF TitE CITY COUNCIL OF TiIE CITY OF DELRAY BEACII, FLORIDA, A}~]EXING TO T!tE CITY OF DEI,!Q1Y BEACit CERTAIN LANDS LYING IN SECTIONS 7 AND 8', TOWNSN. IP 46 SOUTtt, RANGE 43 EAST, WtIICH LANDS ARE CONTIGUOUS TO EXIS?ING MUNICIPAL LIM- ITS OF SAID CITY; R}f;DEFINING TIlE BOUNDARIES OF SAID CITY TO iNCLUDE SAID LANDS; PROVIDING FOR THE RIGRTS ANO OILLIGA'ITONS OF SA'ID LANDS; AND PROVIDING FOR TNiE ZONING THEREOF. WHEREAS, Melvin !. Muroff i.s the fee simple ovmer of the lands hereinafter described; and.,. .. WHEREAS, Melvin i. Muroff t]as petitioned and given permission for the annexation of said lands by the City of Delray Beach; and, W!~EREAS, the City of Delray Beach has heretofore been author- ized to annex ].ands in accordance with Section 185.1 of the city Charter of said City granted to it by the State of Florida; and, WtLEREAS, the annexation of these ].ands hereinafter described in the RM-15 Hultip!e Family [)welling District, has been recommended by the Planning and Zoning Board in action taken at its meeting held on February 19, 1974. NOW, THEREFORE, BE IT OPLOAiNED BY THE CiTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the follow- ing described lands located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: , Ail that portion of the East Half (E~) of Section 7, Township 46 South, Range 43 East lying East of the easterly Right of way line of Congress Avenue as laid out : and now in use, and North of the northerly Right of way line of Lake Ida Road and West of the westerly Right of way line of - the Seaboard Air Line Railway as same are sho%n~ on plat of DELRAY SHORES, sheet 1, recorded in Plat Book 24, page 232, Public Records of Palm t~each County, Florida, AND of Section 8, Tow}~ship-46 South, Range 43 East, lying West of the westerly Right of way 'line of t.he Seaboard Air ]Line Railway excepting therefrom the North 80 feet thereof, AND All that 'part of 'l~c Northwest Quarter of Section 8, Township 4.6 South, Range-' 43 East, lying West of the westerly P. ight of way line of the S~.~aboard Air Line Railway; except- lng therefrom the North 90 feel: thereof and the Right of w~y of Ccnqress Avenue as out and now in use, I,I:;S£; the fo]_!owing describ- ed property: 291J Conun]ence at the .',oEth,~es~. corner of said. Section 8; thence S. 0© 41~' 21"E, on an assumed bearing, al. on9' tho ~<est line of said Section 8, a distance of 90.0 feet; thence S. 89© 48' 45"E, parallel with the North line of said Section ~., a distance of 253.0 feet to the Point of Beginning; thence.continue S. 89© 48' A5"E. , parallel with th'J said North line of Section 8, and along the South right of way line of Lake Worth Draina¢~e District Lateral Ca- nal No. 30, as shown on sheet 102 of 240 sheets and recorded in the public records of Palm Beach County, Florida, a distance of 792.0 feet; thence S. 81© 18' 45"E, con- tinuing along the said South right of way line of Lateral Canal No. 30, a distance of 386.25 feet to an intersection with the Westerly right of way line of the Seaboard Coast Line Rally;ay; thence S. 18© 22' 00"W, along the said Westerly right of way line of the Seaboard Coast Line Railway, a dis- tance of 1,656.42 feet; thence N. 89© 48' 45"W, parallel %vith the said h~orth line of Section 8, a distance of 662.69 feet to an intersection with a line 200.0 feet East of the Easterly right of way line of Con- . gress Avenue, as measured along a radial line; thence Northerly, along a curve con- cave to the West, said curve having a radius of 4,072.80 feet and a central ang- le of 7o ~, ~,, and sa 200.0 feet East of, as measured along a .. radial line, and parallel with the said Easterly right of way line of Congress Avenue, a distance of 506.00 feet to the end of said curve; thence N. 0© 43' 21"W, along a line being 200.0 feet East of, as measured at right angles, and parallel with the said Easterly right of way line of Congress Avenue, a distance of 1].25.84 feet to the Point of Beginning. Containing 52 acres more or less. SECTION 2. That the boundaries of the City of De!ray Beach, Florida, are hereby redefined so as to include therein the herein- before described lands, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the ~ands hereinbefore described are hereby declared to be in Zoning District RM-15 Multiple Family Dwelling District as defined by existing' ordinances of the City of Delray Beach, Florida. SECTION 4. That the ].ands hereinbefore described shall imme- diately become subject to all of the franchises, pr' ¢ileges, immuni- ties, debts, obligations, liabilities, ordinances and laws to which lands in the City of Dclray Beach are now or may ]De, and persons residing thereon shall be deemed citizens of the City of Delray Beach.' -2- 291K SECTION 5 ~f'~ .... ~' i..f: an~ v,ord, phrasc, c].ause, sentence or pnrt of this Ordinance shelf bo declared illegal by a Court of com- petent jurisdiction, such record of il!ecality shall in no way affect the remaining portion. PASSED AND ADOPTED in regular session on the second and final reading on the 8th day of April __, 1974 ' ~ M.'A' Y O R _ ATTEST: City Cl~rk ! 1 1974 First Read ing~ Second Reading April 8, 1974, -3- Ord. I,lo. 14-7.4. 291L OPd~INANCE NO. 15-74. AN ORDINANCE OF THE CI?f COL%[C!L OF T~IE CI[i~~ OF DELP~Y BEACH, FLORIDA, A~4ENDING SUBSECTIONS 13-4 (f) (2) PERTA!~'TIL~G TO FEES FOR ROUGH ~'[IP, ING OUTLETS AI~ FIX~RES A~ 13-4 (g) (2) PERTAINING TO THE ALLOWANCE OF ilOi~iEX A!,~ EMT IN~ ONE- AN~ ~'~O-FAMiLY RESIDE>iCES OF CI-HtPTER !3 "ELECTRICITY" OF T!{E CODE OF Ot~INA}:CES OF THE CI'~ OF DELtZAY BEACH, AS A~.~!'IOED; REPEALI~{G ALL OPd}IIYANCES OR PARTS OF 0P~I- I~NCES iN CO~[FLICT HEREWITH; PROVIDING A SAVING C~USE. ?~-~REAS, the Electrical Exnmining Board has recommended a change of fees for rough wiring outlets and fixtures and the allowance of Romex. and E~.iT in one- and two-family residences; and, WHEREAS, the City Administration concurs in said recommendation, NOW,. ~REFORE, BE IT O~AII~D BY ~ CI~ CO~CIL OF T}~ CI5~ OF DEL~AY BEACH, FLOR~A, AS FOLLOWS: SECTION 1. ~at the Code of the City of De!ray Beach, Florida, as amended, be further amended by amending subsection 13-4 (f) (2) of Chapter 13 "Electricity" to read as follows: Sec. 13-4 (f) Permits to master electricians. __ ~ e!ec~rzca! (2) Permits sha~ no~ be issued by the ~ ' inspector until after the following fees have been paid to the inspector: ROUGH WIRING Outlets: Ce iling Bracket Receptacle Switch Sign Outlet Door Bell Floodlight Each a~e~e~ outlet =~g .25 FIXTURES Each a~i~na~ light bulb s~e~ee or fluorescent tube One and two family dwellings .10 Commercial or other occupants .20 'That all other provisions of 13-4 (f) (2) shall remain in full force and effect. SECTION 2. That the Code of the City of De].ray Beach, Florida, amended, be further amended by amending subsection 13-4 (g) (21) Chapter 13 "Electricity" to read as follows: 291M Sec. 13-4 (g) Adoption of National Eleci~rical Code. o~.~at].ecl cable (Romex) shall not be used (21) Non-metallic ~e to conduct current in or on any building or structure, ior amy use or purpose, unless specifically allowed by local authority for remodeling purposes only, and in accordance with the directions issued by such -~ ~ ~-h~t Rome>[ shall t~e permitted in auqhority, e ~.cen one- and tv?o-'f~ni].,, ........... s, erovidin~ that on with E~,17' and run on the la= face of the wall. Where Romex leaves the con~rei~<~ block wall, it sina!l extend six {6) inches beyond the inner surface. SECTION 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. That should any section or provision of this ordinance. or. any pertion thereof, any paragraph, sentence er word be declared by a court of competent .jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than. the part declared to be invalid. PASSED A~ ~OPTED on second and final reading on this the 8th day of April .. ~, 1974. ATTE ST: City Clerk 111974 First Reading Second Reading~ April 8, 1974. -2- Ord. No. 15-74. 291N ~ ~. [1]'~ CJ'!"f OI? AN OI~I)IXAN(~'}:] (~I? TI[YJ CiTY ('0 :N("!I C)I,' "' '" ' ~'~ . L.,] .... J,CI I( .... 4-4 (a) ]~JCI~S'AiXJ:"~(; '1'O (7OXSI73iI~T]()"4 ANI) SAI.,E {~.r.., 1 AL ~.,N'J_"S C()XTAIXIN(~ 50 Sl.:.t.[ ,_, C)]? C f [Alit ]::IL -~ ......." ALC O: I()!_;iC i ~,.l.u ,., L,-,":' ..... "" :"',.S" ' O17 'r,~'. ~;:~' CODE ..... ~.~, ~ OF ] ..... I~}~A LLACI,. AS AMI']NI)],:E~;'fi].:I~]~:ALI?iG ALL O;{])tNA>;C]~S Of{ ?Al-iTS OF ORDINAN'CES IN CONFLICT IIJzH~Nvltli; PllOVIDING A SA~ IN,., CL,AL~. L. ~,., ..... ~,~,E, ~E TT ORDAI~LD 13YT]'t~ C.Th CO~CIL OF TIlE CITY' OL7 ~'~" ~' ' ' ...... ' . -, ' "O ~ T' ' Alcohohe }]everages" of the Code of the SECJI X t. na~ Chapter 4" ' ...... , ] lozica, as amended, be further amcrided by amending suoscct~.on ,-,: (a), as fotlows Sec. 4-4, ~eas and locations where sales are permitted, ~ub-, ect to section 4-3 above. (a) ~co}io!ic beverages for consumption on 'the premis es may b e s old in any commercially zoned al_strict and in chartered private nonnrofit club or golf cour'se club houses exce, ~ that not more than one vendor of malt beverages containing alcohol of more than one per cent (1%) by lveight fop consumption on the preinises or one vendor of bevera~jes centaining ateohol of more than one per cent (lt;.) by weia'ht and not more than fourteen per cent (1470) by weight and wines rezardless of alcoholic content for consumption on the premises shall be licensed within any one block frontin2' on a street nor in the block immediate]y ~cz o.:o the street unz~ ss the With a miriimum o'f fi!'t'.- (50) sca'L~ at Lables in v.-i~ich evenz bee: and p~Lbe sorvod, providing, hov.'ever, this section shall not~u-~-'~>' - to any business now , .... ' oD..z ~tm~ or to the &sS~¢;n~ oF ~pantees of any person nov.' operatin~ at exJstin~ locations. SEC flO~ 2. ~hat any person who v~olates the provisions of SECTIOn, 1 above shall, upon conviction, be punished as provided in Section l-g of Code of Ordinances of the City of Delray SECTION 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, SECTION 4. That should any section or provision of this ordinance any portion thereof, anyparazraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of ~he remainder llereof as a whole or part thereof ott]er ttlan die par~ declared to be invalid. PASSED i¥~D ADOPTED on second and final reading on this 8th day of April , 1974. Second iL.:ading April 8, 1974. 2e 10 April 8, 1974. ( for Delray Mall Shopping Center, Phase II. Beauty Shop Firestone Tire & Rubber Co. Shoe Store- men's~ women's, children's Jewelry Real Estate office Pabris Shop Pier i T-~'~r~- Health Food Formaiwear Shop ~kna~,~e Company Barber Shop Music Shop Hobbw ~'~ Spiegels Catalog She ck Shop Gift Shop Toy King Book Store '' Sewing Center Her!e Norman Seauty & Cosmetics Sporting Goods Store Britches & Compnny - mod clothes (his & her) Stereo ShOp Clo~hz.~ Store- men & women Craft Center Vacuum Cleaner Shop B~nk Paint Store Junior Apparel. ~ _ ShoD. Decor ~en=er wall paper Photo ?}orld TV Shop Chair (decorative) Shop Christ Centered Book Store Wig Shop Uniform Shop Carpet Shop