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07-22-74 353 - v 1974 J~I .... 22 ~ 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., _ _~ley presiding and Monday, July 22, 1974, with Mayor James H. Sche~ ~ City Manager J. E!don _~4ario'tt, City Attorney G. Robert Fellows, Council members Grace S. Krivos, David E. Randolph, and J. L. Saunders present. Mr. Leon M. Weekes was absent. 1. The Lord's Prayer was recited in unison. 2. The Pledge of Allegiance to the Flag of the United States ~f' America was given. 3. The minutes of the regular meeting of July 8, 1974 were ~animous].y approved., as amended., on motion by Mrs. Krivos and seconded by Mr. Randolph. 4.a. The entire Council welcomed ~4rs. Elizabeth Arnau t© the· ~'6%-~cil meeting and the City of De!ray Beach, and wished her a long and pleasurable tenure. 4.b. The following persons spoke from the floor concerning the p-~bp'osed rezoning of Kings Point by Palm Beach County: Mr. M. V. Kelly, 800 Greenswood Court, representing The Hamlet; Mr. Larry Gilb'er~t, 3535 Sherwood Boulevard, President of the Sherwood Park Civic Asso- ciation; Hr. James J. Ritterbusch, 1511 N. Swinton Avenue; Mr. Ro.bert Prout, 5062 Cleveland, Country Club Acres; Mr. James Hallmark, 3235 Sherwood Boulevard, Sherwood Park; and Hrs. Ann Prout, 5062 Cleveland, Country Club Acres, all. of Delray Beach. Area and contains approximately 640 acres. The property begins on the east side of the present development (south of West Atlantic Avenue) and extends to the west side of }4ilitary Trail, extending ·southerly in an'':L" shape to approximately S.W. 12th Street. Detailed discussion ensued concerning the proposed rezoning. of Kings Point by the County to an 11.7 density ratio .and the effect such rezoning would have on the surrounding areas, particularly the area exten.ding into the Delray Beach Reserve Area. tt was established that no official notification has been received by the City Adminis- tration, the Delray Beach Planning and Zoning Board, or the surrounding landowners. " Strong opposition to the proposed rezoning was expressed by. the speakers from the floor and the same opposition was expressed by the men~ers of Council. Council agreed to refer the matter to the Planning and Zoning Board which will meet Tuesday evening, July 23, 1974. It was stressed that an effort to preserve the integrity of the Master .' Plan must be made through all channels available. Council members requested the audience and concerned citi- zens to make every effort to attend the Commission meeting to express their opposition to the proposed plan. It was also suggested that the citizens of Deiray Beach contact Commissioner George Warren prior 'to the scheduled meeting, making their views known to him. Council also reques.__d action be taken to establish closer liaison between the County Planning and Zon~.ng Board and the City of. Delray Beach. Mr. Saunders moved to authorize Mayor Scheifley to appear before the County Commission 'n Thursday, July 25, 1974, to strongly : oppose the proposed rezoning of Kings Point, seconded by Mrs. Krivos. The motion passed unanimously. 4.c. Mr. Preston Wright, 815 N.W. 2nd Street, Delray Beach, spoke from the floor concerning the condition of the Delray Beach Teen Town Center. He stated the Center shcu!d be torn down and a new Center built. Vandalism is a prob]~em and debris and unsanitary conditions exist Council members make a point of in- in the Center. He requested that ~ ~ specting both the Teen Town Center and the conditions existing at the Vanguard Project which he described as deplorable. Mayor Scheifley questioned whether or not any legal recourse was available concerning the conditions at the Vanguard Project. The City Attorney was asked to prepare a report on the possibility of some recourse to correct the problems. The City Manager concurred in Mr. Wright's analysis of the situation at the Teen Town Center and recommended that Council pass a motion authorizing the Administration to abolish and remove the Teen Town Center Building. He further stated the building under construc- tion could be used as headquarters for the Center until a new Center is constructed. Mr. Saunders moved the City Administration proceed to demolish the Teen Town Center building and prepare plans to build a new Center, seconded by Mr. Randolph, said motion passing unanimously. 4.d. Mrs. Nettie Durante, 2750 Ponce de Leon Boulevard, De!ray Be~c~, spoke from the floor concerning the buildings being erected in Imperial Villas. She complained of the method in which the buildings are being constructed and the placement of the buildings on the pro- perty. Mrs. Durante stated she had contacted Mr. Roy Reed and Mr. Mark Fleming of the City Administration to attempt to correct some of the problems. She further stated nothing had developed from the meeting with the above City officials. Mrs. Durante requested Council members to come to Imperial Villas to view the conditions which she described in detail. The City Manager stated he would check into the situation and contact Mrs. Durante concerning his findings. 4.e. Mr. James J. Ritterbusch, 1511 N. Swinton Avenue, Delray Beach, spoke from the floor Concerning the Vanguard Project. He stated, as a me~ber of the Delray Beach Housing Authority, that the members ~ ..... ~ group would l~zo ~ ......... =~,=~ services to al' ' ' problems in the Vanguard Project. The Deiray Beach Housing Authority would like to initiate low cost housing so vitally needed in this area and work with the City Administration to achieve this goal. Mayor Scheifley suggested that the Delray Beach Housing Authority meet with the responsible governmental officials to determine the needs of the area, the proposed participation of the Housing Authority, and then report to Council. 6.a..The City Manager stated that since the tim~ the State Pollu- t~--Control Department imposed a moratorium on additional sewer con- nections in the City of Delray Beach without special treatment being given, such as. package sewer treatment plants, difficulty has been experienCed.since septic tan~s cannot be installed even to serve a. single family ~Welling if there is a sewer line on the street or within 100' of the building lot. A good deal of correspondence and conversa- tion in this regard has ensued between the City and the County Health Department, the Pollution Control Department and various other agencieso~ Real estate groups have participated in strenuous lobbying to attemp~ to lift this prohibitive restriction. At a recent meeting, it was recommended that Council authorize a vigorous application be made by the City to the County Commission, sitting as the Environmental Control Board for Palm Beach County with jurisdiction in regard to this item, to obtain a removal of this restriction to enable people to install septic tanks when a sewer line is within 100' of the building proper~y, provided.the property otherwise meets the requirements for septic tank installation, and that a guarantee is given the Citv that a disconnec- tion from the septic tank w=_li be made and connection directly to the sewer line will be made at such time the sewer moratorium is lifted in Delray Beach. Mr. Randolph moved to make a strong request to the Environmental Control Board, C~unty Commission, to apF~:ove the instal- lation of septic tanks within 100' of sewer lines, seconded by Mrs. Krivos. Mrs. Krivos requested an addition to the motion that the pro- perty owner would guarantee the septic tank would be abandoned and the sewer line utilized when the ~ -~ ~ · mor~=or~um is lifted Mr. Randolph accepted the amendment. The motion passed unanimously. .. 7-22-74 355 6.b. The City Manager reported that in the last session of the State Legislature an effort was made to procure new legislation having to do with the State assuming most of the burden for beach erosion con- trol expenses in the State that have heretofore been borne mainly by the cities and a few counties. House Bill No. 2809 passed in this session and it is recommended that Council authorize all actions be taken by the Administration of the City of Delray Beach to attempt to procure maximum reimbursement for funds expended and committed by Delray Beach on the local beach restoration project. Mayor Scheifley asked how this action would affect the City's request for Federal participation. The City Manager stated there would be no conflict in the two actions. He further stated the City has received two checks from the State as reim- bursement totaling $346,791.00 and it is expected that the City will receive another $150,000 to $175,000 from the State without the new legislation. The City Manager stated Council has never taken action with regard to the use of the monies reim~bursed by the State or the Federal Government. One of the alternatives for the use of this money is the reduction of the bond issue, thereby reducing the City's debt service and the millage. Another possibility is massive beach erosion control expense and/or maintenance of th~ beach, although these alter- natives now appear to fall under other sources of funds. Mr. Saunders moved to seek state reimbursement of the beach erosion control expenses ' in accordance with House Bill No. 2809, seconded by Mrs. Krivos, said motion passing unanimously. 6.c. City Manager Mariott stated the following bids have been ~ived for execution of the Turner beach landscape plan: BIDDER BID Coastal Landscape Co., Inc ...... $ 84,500.00 Turner Nursery & Landscaping Co. 117,954.60 it is reco~mended that Council authorize the award of ~he contract to the low bidder, Coastal Landscape Co., Inc., in the amount of $84,500, with financing for same to come from the City's Beach Res- toration Fund. Mayor Scheifley stated this plan has the support of the Beautification Co~mittee~ the Cha~er of Commerce and other groups, and it was ascertained the bids were slightly lower than anticipatedl Mrs. Krivos moved to award the bid for the execution of the Turner beach landscape plan to Coastal Landscape Co., Inc. in the amount of $84,500-, with financing to come from the City's Beach Restoration Fund~ seconded by Mr. Saunders, said motion passing unanimously. The City Manager stated the estimated completion time was 90 days and the contract con- tains no penalty clause. 6.d. The City Manager recommended Council authorize th~ cit~ Clerk {~-'~omply v~ith Chapter 15 of the Code of Ordinances, as applicable, in order to provide for abatement of the nuisances determined to exist on the list of parcels of land in violation of the City's nuisance laws. Mr. Saunders so moved, seconded by 51rs. KrJ.vos, said motion passing unanimously. 7.a. The City Manager stated a request has been received that the zoning of Lot !, less the west 35' road right-of-way and Lots 2 and 3, Block E, Section 9-46-43, La Hacienda Subdivision, 1313 North Federal Highway, be changed from RM-t5 (Multiple Family Dwelling) to SC (Spe- cialized Co~nercia!) and recommended the request be referred to the Planning and Zoning Board for study and recommendation. ~r. Randolph so moved~ seconded Ny Mr. S.aunders, 's~id motion ?~ssin? u,~animous~y. 7.bo City Manager Mariott reported the 48th Annual Convention of t-~~Fiorida League of Cities is scheduled to be held in Tampa on October 24-26, 1974. It is reco~a~ended that Council authorize the placement of a one-quar~:er page advertisement in the convention issue of %he Florida Record as the City has done in prior years. Mr. Randolph so moved, seconded by Mrs. Krivos, said motion passing unanimously. -3- 7-22-74 356 ~.c. The City Manager stated the United Citizens Committee Against Crime (C.O.P.E.), by letter dated July 17, 1974, is requesting City approval of an anti-drug program presented by C.O.P.E. It is recom- mended that Council acknowledge receipt of the request with the under- standing that the recommendation of C.OoP.E. will be taken under consideration when the request is considered at a future workshop meeting of the Council. Mayor Scheif!ey stated he has received numerous letters in favor of the program and he has requested the Municipal Judge of the City of Delray Beach to submit his recommendations on the proposed program. Mr. Peter Costello, 201 Venetian Drive, Delray Beach, ~poke as a representative of a committee formed to assist in the institution of such a program. He stated a study had shown the program would re- quire approximately fifteen jobs in the City to implement the plan. It was suggested that some funds be requested from LEAA to assist in the project. Mr. Saunders requested that a time be set for the workshop to discuss the program and it was decided to consider this item at the meeting to be held July 29, 1974. Mayor Sche£fley requested the City Clerk to contact Judge Simon to furnish his written recommendation prior to the workshop meeting. 8.a. The City Manager presented Resolution No. 43-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PERTAINING TO AN AGREE- MENT FOR A TEMPORARY USE PEPsi'IT FOR A ROAD OVER .. CERTAIN LANDS FOR ACCESS TO THE TRANSFER PLANT. (Copy of Resolution No. 43-74 is attached to the official copy of these minutes.) ~'he Ci-hy i.~anagcr' a~!ained this R.:~so!ution author.izes the execution of an agreement for a temporary use permit for a road over two parcels of land south from Linton Boulevard a short distance west of the Florida East Coast Railway to the garbage and trash Transfer Plant site. Passage of this Resolution is made necessary by sale of the property to a new owner. An agreement for such usage between John H. Payne, Trustee, and the City of Delray Beach is attached to this Resolution. Mr. Saunders moved for the adoption of Resolution No. 43-74, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mayor Scheifley -- Yes. 8.b. The City Manager presented Resolution No. 44-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CITY CONTRACT FOR INSTALLING A SPRINKLER SYSTEM AT THE NORTH END OF BEACH, SOUTH TO CASUAR!NA ROAD. (Copy of Resolution No. 44-74 is attached to the official copy of these minutes.) Citv~ Manager ~-~o~t~-' recommended that Resolution No. 44-74 be approved authorizing a City contract for installation of a sprinkler system to irrigate the sand screen plantings on the beach between the north end of th~ beach and Cas~a~ina · ~o~u. ~ contract ..... ~ou~ for instal].ation of the sprinkler system is $7,514.00. The City Manager stated two different sprinkler systems are involved, one having been insta~led. Only one bid was received being from Rohrbaugh Sprinkler Service, Delray Beach, and the bid is considered reasc~able. Mr. Saunders moved for the adoption of Resolution No. 44-74, seconded bv Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Nr. Randolph - Yes; Mr. Saunders - Yes; Mayor Scheifley - Yes. -4- 7-22-74 35'7 8.c. The City Manager presented Ordinance No. 29-74. AN ORDIN~NCE OF TttE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, GR/~NTING A FP~ANCHISE TO LEADERSHIP CABLE SYSTE~.~S OF DELP~XY BEACH, INC., ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAIN- TAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; SETTING FORTH RATES AND CObiDITIONS ACCOMPANYING THE GRANT OF FPANCHISE; PROVIDING FOR CITY REGULATION AND USE OF THE CO~4UNiTY ANTENNA TELEVISION SYSTEM; ~uND PRESCRIBING PENALTIES FOR VIOLATION OF THE FPJLNCHISE PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Ordinance No. 29-74 is attached to the official copy of these minutes.) The City Manager reported this Ordinance awards the CATV franchise of De!ray Beach to Leadership Cable System of Delray Beach, Inc. 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 adoption of Ordinance No. 29-74 on second and final reading, seconded by Mr. Randolph. Mr. Saunders questioned the progress being made by Leadership Cable System in obtaining permission from the Federal Government to institute the" system. A representative of the company stated service should be available in January or February of 1975. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mayor Scheifley - Yes. 8.d. The City Manager presented Ordinance No. 30-74. AN ORDINkNCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, kMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS A/~ENDED, BY CHANGING THE SECTION NUMBER DESIGNATION FOR THE Pd4-6 P~ND RM-20 MULTIPLE FAMILY DWELLING DISTRICT; AND SEPAP~ATING THE NOW COMBINED RM-10 AND RM-15 .~,IULTIPLE FA24ILY DWELLING DISTRICTS INTO TWO DISTINCT SECTIONS; P~EPEALING ALL ORDINA2~CES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 30-74 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 De!ray Beach. There being no objections, the Public Hearing was closed. Mrs. Krivos moved for the adoption of Ordinance No. 30-74 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; Mayor Scheifley - Yes. 8.e. The City Manager presented Ordinance No. 31-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLC?.IDA, REZONiNG AND PLACI'~G DELRAY BEACH HEIGHTS EXTENSION SECTION A, DELRAY BEACH HEIGHTS EXTENSION SECTION B, LOT 21, SECTION 20, TO~SHIP 46 SOUT[t, RANGE 43 EAST, AND A PORTION OF SECTION 19, TOWNSHIP 46 SOUTH, RkNGE 43 EAST, LYING EAST OF STATE ROAD 1-95 RIGHT-OF-WAY IN "LI LIG%~.T INDUSTRIAL DISTRICT", .~ND ~ENDING "ZONING MAP OF DELP~%Y BEACH, FLORIDA, 1972". -5- 7-22-74 358 (Copy of Ordinance No. 31-74 is attached to the official copy of these minutes.) This Ordinance will rezone from RM-15 (Multiple Family Dwelling) district and HI (~Seavy Industrial) district to LI (Light ~ ~-~- of land located on the east side of the Industrial) district a 1-95 right-of-way bet~.~een S.W. 7th Street and Royal Palm Drive. A Public }{earing was held, having been legally advertised in compliance with the laws of the State of Florida a.nd the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr. Saunders moved for' the adoption of Ordinance No. 31-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as foll,ows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mayor Scheifiey - Yes. 8.f. The City Manager presented Ordinance No. 32-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~NNEXING TO THE CiTY OF DELRAY BEACH, CERTAIN L~2qDS LYING iN SECTION 28, TOWNSHIP 46 SOUTIt, PJuNGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO cITy; REDEFINING THE BOUND.~RIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS A~ND OBLIGATIOi,,~S OF SAID LANDS; A/~D PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 32-74 is attached to the official copy of these minutes.) This Ordinance will annex a 22,000 square foot parcel of land a~]~i Allamanda Street (extended), subject to R/4-i5 (£4uitip!e Family [~elling) zone. The applicants: are ~4r. and Mrs. Woods McCahill. '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. Randolph moved for the adoption of Ordinance No. 32-74 on second and final reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follo%~s: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mayor Scheif]ey - Yes. 9.a. The City Manager stated the Planning and Zoning Board at a meeting held on July 16, 1974, recommended by unanimous vote that Council approve the'preliminary plat for Phase II of the Country Manors develop- ment. The property is located in the SW¼ of Section 12-46-42 at the northwest corner of the intersection of Lake Ida Road and Ba~¢ick Road. The plat is in conformance with the site plan. Mr. Saunders moved to sustain the recommendation of the Planning and Zoning Board to approve Phase II of Country ~4anors development, seconded by Mr. Randolph,. said motion passing unanimously. 9.b. The City Manager stated the Planning and Zoning Board at a Ree~'ing held on July 16, 1974, recomJnended by a vote of 5 to 2, with Messrs. Gent and Wallin dissenting,-that t~he zoning of 1.01 acres of lar~ on the east side of .Swinton Avenue between the south City limits and Sterling Avenue be changed from R-lA (Single Family Dwelling) to MI (Medium industrial) as requested by the applicant, Mrs. Carolyn A. Rocchio. The City ~'lanager stated the lack of a unani~.~us vote by the Planning and Zoning Board was primarily procedural in that there was discussion as to the advisability of modifying the Master Plan rather than rezoning separate parcels of property. Mr. Tore Wallin spoke stating he voted against the rezoning to eliminate spot zoning in the area. Mr. Michael Botos spoke as a representative for Mrs. Rocchio. 7-22-74 359 , He explained the area involved and reiterated the reasons the property is suitable for rezoning to ~I (~:~edium Industrial) district. Discussion ensued resulting in the City ~.~anager suggesting that Items 9.b. and 9.c. be deferred and discussed at a workshop ~r'~eeting, enabling both items to be covered at once. Mr. Saunders so moved, seconded by Mr. Randolph, said motion passing unanimously. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Randolph and seconded by Mrs. Krivos. General Fund ........... $369~301.21 Water and Sewer Fund ....... 12,542.90 Cigarette Tax Fund ........ 12,725.00 Utility Tax Fund ......... 4,850.00 Citizens Contribution Fund .... 39.00 Beach Restoration Fund ...... 3,189.71 Federal Revenue Sharing Fund . . . 3,821.91 X. Mayor Scheifley requested the City Manager's secretary be ~ovided with a 'copy of the letter from l.~r. Peter Costello concerniP~g iC.O.P.E. 10.b.1. The City Manager stated a workshop meeting has been held with Rev. David Mikell of the Congress Avenue Baptist Church concerning his request for Conditional Use in the LI (Light Industrial) district where the church is now located on South Congress Avenue. The outcome of the workshop meeting was that Council requested the City Administration, Rev. Mikell and the legal counsel, representing both the City and Rev. Mike!l to meet in an effort to dete~n, ine the best method of resolving the legal conflicts that exist between the City and the church. That meeting was attended by the named representatives and the City !~anag'er announced that the City wished to accomplish two goals: 1 - to see that the City's laws and ordinances were administered uniformly throughout the City; and 2 - to make compliance with the City's laws and orcliuances as painless as possJ_]o!e. Coun~e} for both parties agreed the question of zoning~ was the p~imary be!wark to.wazd resolu- tion of the difficulties existing between the City and the church. As a result, permits cannot be issued and inspections cannot be con- ducted. The I,I (Light Industrial) district does not list churches or schools as either permitted or conditional uses. ?herefore, the only method of legalizing the location of the Congress Avenue Baptist Church is to change the zoning ordinance to allow churches and/or schools in the L! district. The trial date for the case is set for August 6, .1974, thus necessitating prompt action. The Planning Director conducted a poll of the Planning and Zoning Board me..tubers to determine whether or not the Board ~ould favor changing the City's Zoning Ordi- nance. The results of the poll are as follows: Mr. Gent - No; Col. Poole - No; Mr. Cook - Conditional Use - Yes, Permitted Use - No; Mr. Simon - Conditional Use - Yes; Mr. Wallin - Conditional Use - Yes; Mr. Pompey - Conditional Use - Yes; Mr. Jacobson - Abstained. Four of seven me~Tfoers favor listing churches as a Conditional Use in the Light Industrial zoning district.. Rev. Mikell spoke from the floor in favor of changing the Zoning Ordinance, stating he would not recommend placing the church in a residential area due to the numerous activities held by the church, i.e., 13 buses, baseball fields, basketball courts, football field, etc. He stated if the church ',~ere a traditional type of church, it would fit easily into the presently zoned residential areas that allow for churches, but the Congress Avenue Baptist Church is rapidly becoming a complex and would not be d. esirable in any residential area. He expressed his desire to avoid going to Couru if any resolution of the problem could be worked out between the City and the church. Mayor Scheifley stated the portable classrooms added by the church were done so illegally, without complying with any of the City's ordinances. He further commented that a precedent would be set by -7- 7-22-74 360 changing the zoning ordinance when someone has violated the law and Council arbitrarily passes an ordinanCe to legalize the act. Council members stated that all churches in the City of Delray Beach have complied with the ordinances, rules and regulations. Considerable discussion ensued both from the floor and Council concerning the legal issue involved. Mayor Scheifley summar- ized the question by offering two alternatives: 1 - change the ordinance to allow conditional use in the Light Industrial zoning district for churches; or 2 - let the situation stand as it is and to trial on August 6, 1974. Council made no motion o~ recommendation on the matter. 10. b.2. The City Manager stated Mr. Robert 'Kinkead has resigned fron~ the ~Ci~il Service Board due to personal reasons for the term ending--' April 1, 1976. It is reconnmended that Mr. Joe C. Collier, Jr., Commercial Manager of Florida Power and Light Company, be appointed to fill the unexpired term of Mr. Kinkead. Mr. Saunders so moved, seconded by Mr. Randolph, said motion passing unanimously. CounCil recon~ended a letter of appreciation be sent to Mr. Kinkead for his services. 10.b.3. City Manager Mariott stated he was in receipt of a letter dated J'uly 12, 1974, from ~,~r. Robert Chapin, the City's legal counsel in the United Farm Worker's suit against 'the City. Mr. Chapin recom- mended Council authorize the City Manager to write a letter similar to the April 30, 1974, letter that was signed by all members of Council prior to August 12, 1974. The essence of the letter is that the City will not appeal the Court's decision in favor of the United Farm Workers. This second letter is necessary because the original, letter did not speak on behalf of the City government~ rather on behalf of each individual Council member. ~ir. Saunders moved the letter be drafted by Mr. Chapin and signed by Council, seconded by Mrs. Krivos, said motion passing unanimously. 10.b.4. The City Manag~~ repot ~ a request for vacating a north- ~south alley between S.E. 8th Street and S.E. 9th Street, located between S.E. 5th Avenue and S.E. 6th Avenue. The purpose of vacating this alley is to allow construction of the bank now being built on South Federal Highway. It is recommended this request be referred to the Planning and Zoning Beard for study and recommendation. Mr. Saunders so moved, seconded by Mr. Randolph, said motion passing un an imou sly. ]0.b.5. 'City Manager Mariott reported a Public Hearing was held Ft. Lauderdale by the Department of Transportation concerning the crossing of the Florida East Coast Railway property at S.E. 1st Street - in Delray Beach. The City Attorney has agreed to pay FEC Railway the purchase pric~ of $35,000 for a 50 foot right-of-way between the Railroad right-of-way and S.E. 3rd Avenue needed for access on S.E. 3rd Avenue. It~is recommended that Council ratify the action taken by the City Attorney who represented the City at the Public Hearing. The Department of Transportation has not yet granted the request of the City to install a crossing, but it is recommended that Council authorize the payment of $35,000 for the property when approval is received. The funds for the purchase will come from the Federal Revenue Sharing Fund. Mr. Saunders moved to ratify the action taken by the City Attorney on July 18, 1974, at his appearanc~ before the Department of Transportation Hearing Examiner and his offer to pay Florida East Coast Railway $35,000 for right-of-way, with money for same to be taken from the Federal Revenue Sharing Fund, seconded by Mrs. Krivos, said motion passing un~nimous±y. 10.b.6. Mayor Scheifley stated he was in receipt of a letter from the ~ty. Clerk of Lake Worth v'!th a Resolution attached asking for support from Delray Beach concerning an application for abandoning beach access in Manalapano The Resolution is a result of a request -8- 7-22-74 361 from a private landowner to abandon public beach access right-of-way located immediately south of the La Coqui!!e Club in Manalapan, and urges the County Commission to deny the request. It was the consensus of Council that this matter is an internal one in another City and should not be considered by the City of Oelray Beach. 10.b.7. City Manager Mariott reported the City Library is non- conforming in the Central Business District zone and since it is not a permitted use in the CBD zone, a request.h~s been received from the Library Board to include the library as a.permitted use to enable them to expand their facilities. It was ascertained that when the CBD Ordinance was drafted, an oversight eliminated the listing of the Public Library. The Planning and Zoning Board at its meeting on June 25, 1974, recommended an amendment to the CBD Ordinance to include the City Library since it is partially supported by the City. Consi- derable discussion resulted since this request is similar to the request of the Congress Avenue Baptist Church. Although the land on which the library is located is owned by the City and the City subsi- dizes the library, a Separate organization operates it. The library originally was a permitted use under C-! zoning. Mr. Randolph moved to sustain the Planning and Zoning Board's reco~endation to amend the CBD Ordinance, seconded by [,ir. Saunders for discussion only. Mr. Saunders expressed complete disagreement with the concept involved and recommended the matter be discussed at a workshop meeting. Mr. Randolph withdrew his motion and Xr. Saunders withdrew his second. Mr. Saunders moved to table the request and send it to workshop meeting, seconded by Mr. Randolph, said motion passing unanimously. 10.b.8. Mayor Scheif!ey reported on the Financial Disclosure Law concerning the groups that would fall under this act. The City A~torney stated the Financial Disclosure Law was not yet officially functioning other than the distribution of the forms that are to be filed; copy of this form is being forwarded to the City Attorney which will be used as a master copy. The City Attorney stated it appears, from a prelimin- are Insurange A~'ents of ~ecord, Health Doctors, Co~r~munity Relations Co~ittee and the Beautification Committee. All other boards and committees of the City are covered. He reported that in the City of Delray Beach, there will. be approximately 80 to 90 Disclosure forms filed at different times depending upon election circumstances or appointraents. Elected officials must file within 10 days, appointees within 30 days, and the only penalty involved is removal from office, employment or be taken off the ballot. There are many ramifications, and various opinions and interpretations are expected. Mayor Scheifley su~arized the known facts by stating anyone holding office on July ~, 1974, (effective date of the Law) will have to file on May 15, 1975, unless they fall under another catefory. It was de'ermined that resignation from office would eliminate the requirement of filing-.. When the City Attorney is apprised of the exact requirements of the Law, all me~ers and officials affected will be informed. 10.b.9. Mayor Scheifley requested Council me~ers to inform the City Manager's secretary of their reservations for the Florida League 0f Cities meeting. 10.b.10. Mr. Quentin Boerner of the Beautification Committee reported that the final phase of the beach restoration is in progress and asked if the beautification of the Pavilion was included in the bid. The City Manager stated whether or not it is included in the bid, the completion of the Pavilion will be handled. 10.b.ll. Mr. J. William P~hmaltz, 200 Andrews Avenue, Delray Beach, spoke from the floor concerning his attempts to have a new storm sewer constructed on Thomas Street. He stated a 10 inch sewer is being installed on the north and so~kh sides of this area, ~ }th of which will empty into an existing !0 inch sewer on Thomas Street. The City Manager -9- 7-22-74 362 replied a very bad drainage problem exists in the Thomas-South Vista Del Mar-Andrews area and the project is more extensive that was first anticipated. He reperted $50,000 has been allocated from the Federal Revenue Sharing Fund and a request has been made for an additional allocation of $60,000 for a total of $110,000. Full plans have been drawn for installing the sewers: bids have been taken with a low bid of $228,000, and it was found to be necessary to install a pumping station costing approximately $60,000 to $70,000 to adequately handle the area, which increased the originally projected figure to the above stated $228,000. The City ~.~anager said he would prefer to have a complete quorum to vote on authorization of such a large project. It was determined that property owners would not be assessed for any of the project since they were originally assessed for the existing storm drainage sewers. The matter will be handled at the next. workshop meeting. The meetJ, ng was adjourned at 10:30 P.M. City Clerk APP RO~-ED: /~ ~ : -10- 7-22-74 362A RESOLUTION NO. 43-74. A RESOLUTION OF THE CITY COU~CiL OF TP~-~. CI~"Y OF DELRAY BEACH, FLORIDA, PERTAINING TO AN AGREE~,LENT FOR A TEMPOP~ARY USE PERMIT FOR A ROAD OVER CERTAIN · LANDS FOR ACCESS TO 5~IE TP~ANSFER PLA~TT. WHEREAS, the City, as a result of the Florida East Coast Railway closing the road to +_he Transfer Plant, needs a temporary road to the Transfer Plant until a permanent road can be installed; and, WHEREAS, an agreement was made with ROBERT M. KINKEAD, as Trustee for Richard G. Manthey, Robert M. Kinkead and Mary G. Manthey, for the use of his land by the City for a temporary road at no cost to the City; z~nd, WHEREAS, the property has since been sold and the owners hame consented to the use of the land by the City for a temporary road at no cost to the City, NOW, ~{EREFORE, BE IT RESOL\q~D BY 5~iE CITY COUNCIL OF THE CITY OF DELP~AY BEACH, FLO~iDA~. That the city Manager and the City Clerk are authorized to enter into an agreement with JOI-~ H. PAYL~E, as Trustee, for the use of said land as set forth in the attached agreement, and be it further resolved JOHi~ H. pA~VI~E, as Trustee, the appreciation that there be expressed to of the City Council for his cooperation in this matter. PASSED AI~qD .n~DOPTED in regular session on the 22nd day of July, 362B RESOLUTION NO. 44-74. A RESOLUTION OF ~HE CITY COU/~CIL OF THE CITY OF DELRAY BEACH, FLORIDA,' AUT}{ORIZING NEGOTIATION OF A CITY CONTP~ACT FOR INSTALLING A SPRI~XrKT,ER SYSTEM AT T~..~ NORTH END OF BEACH, SOUTH TO CASUARINA ROAD. WHEREAS, it is the reccmmendation of the City Manager that the Council, acting by authority of provisions in Section 78 of the City Charter, award a contract for installing a sprinkler system at the North end of Beach, South to Casuarina; and, WHEREAS, two quotations were requested, but only one quotation was submitted in the amount of: Sunrise Sprinkler & Well Co. No Quotation Delray Beach, Florida Rohrbaugh Sprinkler Service ~$7,514.00 Delray Beach, Florida WHICH quotation the City Engineering Office certifies to b~ reasonable; and, WHEREAS, it is the Council's opinion that the award of this contract would be in the best intere~ of ~he City, NOW, THEREFOP~, BE IT _RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That said contract for installing a sprinkler system at the North end of Beach, South to Casuarina Road, to irrigate sand screen plantings on the City Beach in the City of Delray Beach, be awarded to Rohrbaugh Sprinkler Service, who is the only bidder in the amount of $7,514.00. 2. That this improvement shall be funded with money from Beach Restoration Funds. PASSED AND ADOPTED in regular session on this day of .... , 1974. 7 //' MAYOR " ATTEST: City clerk 362C ORDINANCI~ NO. 29--74 AN ORDINANCE OF TIIt;] CiTY COUNCIL OF" ~I ttE CITY OF ' '~ (_,l~>~: Ii:Nt: A FI{ANCt~SE TO DELRAY B]~ACII, FLOltlD:~, "'" ~X''''' LE~EI%SIIII' CABLE Si-ST>]2IS O].,' DELRAY 13EACH, INC., ITS SUCCESSOI%S AND ASSIGNS, TO OPERATE MAINTAIN A CO..I_~I~I~ Y AN~'ENNA ~ ~I.~rL~ION SYSTEM IN TIlE CITY; ~Er2 INU FO:~TIt RATES CONDITIONS ACC OhlPANh2NG THE GRANT OF FRANCHISE; PROV~ING [ Ot~ CITY I~E~:ULATION Ar~ USE OF THE C O2IhlUN~Y ANTENNA T EL EVZSION SYST EM; PRESCRIBING PENALTIES FOR VZOLATION OF THE FRANCHISE PROVZSION~; PROVIDING A.N EFFECTIVE DATE; ~X-D FOR ~'HER PU~P~ES. BE IT ORDAINED BY THE cITy CO~'CIL OF THE CITY OF DELRAY BEACH, FLOE, IDA: Section 1 Short x..t!e. This ~dinance sh~l be known and may be cited as the "Delray Beach CATV Leadership Franchise". Section 2. Deflations. That for the purposes of this ordinance, the fo~owing terms, phrases, words, and their derivations shall have the mea~ng given herein. When not.inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular nu~er, and words in the singular number include the plural number. The word "shall" is always mandatbry and not merely directory. (a) "City" is the City of De/ray Beach, Florida. (b) '~Council" is tim City Council of Delray Beach, Fl,or!da. (c) "Cab!e Television System", hereinafter referred to as "CATV System" or "System" means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to receive television or radio signals directly or indirectly off- the-air and distribute them to subscribers for a fee and such other services as specified by the Federal Commuffications Commission. (d) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. {e) "Grantee" is LeadersMP C~le System of Delray Beach, Inc., duly authorized to tran~ac~ business in the ~tate of Florida, or anyone who succeeds Leader'skip Cable System of Delray Beach, Inc., in accordance with the provisions of this Franc~se. (f) "Closed Corporation is any corporation w~ch has 20 stockholders or less. Section 3 Grant of Nonexclusivc (a) There is hereby granted by the C~.y to the Grantee the right and privilege to censtr'uct, erect, operate and maintain, in, upon, ~ong, across, above, over and under the streets, alleys, easemen[s, swale areas, public ways and public places now laid out or dcdieatcd, and all extensions thereof, and additions there,o, in the City, wires, cabl(.s, underg~-ound conduits, manholes, and other televi:i~m conductors and fixtm-es necessary for the maintenance andope~' inthe City of a CATV system for the interception, sale and distribut].on of televi~qion aud radio signals. 362D 0o) The right to use and occupy said streets, alleys, easements, swale areas, public ways and places for the purposes herein set forth shall not: be exclusive and the City reserves the right to grant a similar use of said streets, alleys, easements, swale areas, public ways and places, to any person at any time during the period of this Franchis e. (c) The company shall have the right to enter into arrangements for the attachment onto and use of facilities owned and operated by public utilities operating within the City, whereby the company shall strictly comply with the terms, provisions, and restrictions of said agreements, and copies of all agreements made with other public utilities operating within the City shall be provided to the City upon request for the same. Section 4. Compliance with Applicable Laws and Ordinances. (a) The grantee shall, at all times during the life of this Franchise, be subject to all lawful exercise of the police power by the City and to such regulation as the City shall hereafter provide, and the grantee sh~%tl fully comply with all applicable laws, rules, and regulations now in effect or hereinafter adopted by the Federal CommuMcaticns Commission, the City, the State of Florida and the United States Govermnent. (b) Copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal Or state regma~ory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this Franchise shall be provided to the City upon request for the same. (c) Programs carried by the grantee shall be carried in their entirety as received, with announcements and advertisements and without additions. Section 5. Territorial Area Involved. This Franchise is granted in all areas within the present corporate limits of the City and to any area henceforth added thereto during the term of this Franchise providing an exclusive franchise is not in existence in the area annexed. Section 6. Liability and Indemnification. (a) The grantee shall indemnify and hold harmless the City, its officers, agents and employees, from all claims, debts, liabilities, demands, interest, court costs and attorneys fees, to itself, or to any third person, whether for bodily injury, death, property damage or otherwise, in any way arising out of the operations of grantee under this franchise. (b) The grantee shall pay and by its acceptance of this Franchise, specifically agrees that it will pay all expenses incurred by the City in defending iiself with regard to all damages and penalties, including, but not limited to, all out of pocket expenses, such as attorney fees, and Uae reasonable value o[ any services rendered by the City Attorney or }Lis assistant or any employees of the City. (c) The grantee shall maintain, and by its acceptance of this Franchise specit'ically~.~o'rees~ that it will maintain throughout the term of this Franchise liability insurance insuring the grantee and naming the City as an additional insured thereunder, against loss or damage, arising out of the operations or responsibility of grantee under -2- 362E franchise with fn'ima,.'y ar.,d ~n-.,brc!]a in~;urance in a total limit of $10 million doilar:~ ($10, 000, 000. 00). Copies of policies are robe furnis bed City. (d) Performance Bond. The compar.,y shpll maintain, during the existcncc of the rights and privilcges granted hcreunder, a faithful pcrformancc bond runn/ng to the City, with a good and sufficient surety acccptable to the City, in the penal sum of $25,000, conditioned that the Company shall well and truly observe, fulfill and perform each term and condition of this ordinance and that in case of any breach of condition of the bond, the amount thereof shall be recoverable from the principal and surety thereof by the City for all damages resulting from the failure of the Company to well and faithfully observe and perform any provisions of this ordinance. (e) The insuring initial performance guarantee policy and permanent pa}~nent and performance guarantee obtained by the grantee in compliance with this section must be approved by the City Council and such insurance policy and guarantee along with the written evidence of payment of the required premiums shall be filed and maintained 'with the City Clerk of the City during the term of this Franchise. (f) The insurance policies and bonds which the grantee is required to furnish under the requirements of this franchise shall be first submitted to the City Attorney for his acceptance and approval thereof on behalf of the City, and, if so accepted and approved, shall be filed in the office of the City Clerk '~ogether with written evidence of payment of the required premiums due thereunder. Section 7. Color TV. The facilities used by the grantee shall be capable of distributing color TV signals, and when the sfgnals the grantee dfstributes are received in color, they shall be distributed in color. .Sec.i. i0n 8. Signal Quality.Requirements. The grantee shall at all times: (a) Use at least 120 MHZ of bandwidth (the equivalent of 20 television broadcast channels) available for immediate or potential use. (b) Maintain equipment that passes standard color television signals without degradation and with a phase shift measured within its own system not to exceed plus or minus 7 degrees. Said phase shift measured within its own system shall mean the difference between the phase shift measured in the signal reCeived by the grantee at its tower and the measure of phase shift at the subscriber's receiver. (c) Provide a minimum level of 1,000 microvolts across 300 ohms at the input terminals of each TV receiver on the line. (d) Provide that the system and all equipment be designed and rated for 24 hours per day continuous operation. (e) Provide a signal-to-noise ratio of not less than Forty decibels measured at the subscriber's receiver. (f) Provide a television signal with a hum modulation less than five percent measured at the subscriber's receiver. (g) Provide a television signal free of interaction between any channels which may cause excessive cross-modulation distortion. The system cross-modulation distortion level shall meet a minimum -3- 362F standard of 40 decibels belo~v the level of the television signals distributed to any subscriber connec[cd to the system measured at the subscriber's receiver, (h) Operate the system in compliance x,;ith Subpart K of Part 76 of tile Federal Comn~unications Commission Rules and Regulations relating to incidental radiation. (i) Provide an intermodulation distortion not to exceed minus forty-sLx decibels measured at the subscriber's receiver. (j) Provide that the plot of gain versus frequency across any six megacycle channel is to be flat plus of n]inus 2. decibels measured at the subscriber's receiver. (k) Limit failures to a minimum by locating and correcting malfunctions promptly, but in no event longer than 24 hours after notice has been given, except that said time shall be extended as long as is necessary where the pe~for~nance of this obligation is prevented by an act of God, or the sa~ne is other%vise made impossible due to circumstances over which the grantee has no control. (1) Provide and keep accurate calibrated test equipment for the testing of all service and operation standards outlined in this ordinance and shall conduct these tests as requested by the City under the supervision of a city representative in order to establish the level of performance of the system. The grantee shall provide responsible s ervice and investigation in response to all customer complaints. Should any customer be unable to obtain acceptable service from the grantee, said customer may make application to %he City to require such tesis by the grantee. The customer, upon presenting his request, shall deposit with the City through the office ~ ....., .....+:~ ef ~50 00 as depositto~vards the of the Ciiy ~J~:~..s~z, .... ~ su~ q, , a cost of such tests. Should the %esi indicate that the grantee has failed ~o provide service to said customer in accordance with the operational standards outlined in this ordinance, then the grantee shall bear the cost of said test and the deposit herein required shall be returned to the customer. Should the test indicate that %he grantee is conforming '~vith the operational standards set forth in this ordinance, then the cost of said tests shall be borne by the complaining customer. So much of said deposit as is necessary %o reimburse tile grantee for the actual cost of its tests shall be paid over to the grantee and the remainder of the deposit, if any, shall. be returned to the custo~ner. Section 9. Operation and ~{aintenance of System. (a) The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest lime possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. The company shall operate the system so that %here xvill be no ~nlerference tv%th television reception, radio reception, telephone co~nmunications or other installations which are no~v or may hereafter be installed and in use by lhe City or any persons in the C~ty. (b) The grantee shall n3aintain an office ir, the City of Delray Beach which shall be open during ail usual business bnurs, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received at any time. -4- 362G Section 10. C?.:-~'i:,.,c of Si~n:~!:..*. The t~,!~,':[~:ion and radio si[u]als received and distributed })3' d~e g'ra~ce and (i]~t~'ibt:te<.] to t},,: ge~,~,ca! public frown broadcasti~:,~ without cliai'Ee to thc gencr=l public except as pi'ovJdcd in Section 29 hereof. Seclion 11. Service to Sehoo]s. The grantee sh~.ll provide a service dropto each public sc]~ool location within the City for c.ducationai purposes upon requestby the City and at no eosttothe City or tothe p~lic schoolsy'szem. The Grantee may at its election provide similar services without cost to private schools, including parochi~ or other religious schools. Section 12. Eme.~enev Use -~-~., of Facilities. In the case of any ~merg6ney or disasicr, ihe g'ran:ee slmii, upon request of the City Manager, make available i~s f-ciliates to the City for emergency use during the emergency or disaster period. Section 13. ~her I~usiness Aclivi~ies. (a) The gran~ee, its employees and if a closed corporation, its shareholders, hereunder shall not engage in the business of selling, repairing or ~,~ta_l_.~ television and radio receivers, or commercials accessories fop such receivers wilhin the City of De!~'ay Beach, Florida, d~ing the term of this Franc~se. Violation of this section sha]t be considered a breach of the ~erms of ~his Franchise if such violaiion is caused by an employee or shareholder cn!y after the grantee has been notified of such employee's or shareholder's activities and then only if the grantee fails to take immediate action to correct such violation. ~) T~s. Franchise aulhorizes o~y the opera~ion of a CATV system as provided for herein,' and does not take the place of any other franchise, license or permil wl~ch might be required by law of (e) Music to EuMne~a, etc. ~he Company shad not c&ntPaet for op otherwise provide a music service which is originated by the system or procured from any source, other than from signals broadcasted by duly authorized broadcasting stations to any business, proi~cssionol or commercial establishment. T~s s~section shall not pro.bit the connection of a CATV drop to any business, professional or commercial establisb~ment if the connection is made orJy to a TV set which is in operating order at the time of connection, nor sh~l t~s section pro~bi% the us e of background music in conjunction with the operation of any such CATV channel for Which there is no charge except as provided in Sec%ion 29 hereof. (d) ~either the company nor any of its officers, agents or employees shall indicate or recommend, in any manner, a specific sale or service establishment or individual be used for the sale o~.service of any television set. Section !4. Safe~v Requirements. (aJ' The Gpantee shall at ail times employ due care and shall ins%a~ and maintain in use com'moniv accepted mctl'~ods and devices for preventing fail,'~cs and accidents which arc likely to cause damage, injuries, or nuisances to the public. ~) The Grantee slm!l install nnd maintain its wires, cables, fixtures, and othcp equipment in accordance xvi~h the requirements critic National ]21ectric S:~fcty Code promul2atcd by thc National Em'eau of Stan~l:u'th; an~l t~xc [%ational ]~lcctrical Code of thc American 362H Insurance ~\s:~~ ' * oc.~a~ion, and in such manner that they will not ~ntcrfere wi~h an3 installations of ibc City or of a p~lic utility · serving the Citgo'. ' ' (c) ~1 structures and all lines, eq~pmcnt, and connections in, over, under, and upon ~.Ite streets, easements and swales, sidewall<s, ~lcys and public ways or places .cf the City, wherever situated or located, shall at all times be kept and maintained in a safe, s~table, substantial condition, and in good order and repMr. (d) The grantee sha~ maint~n a force of one or more resident agents or emp!oyccs at alt times and sha~ h~ve s~ficient employees to provide safe, adequate, and prompt service for its faciEties. Section 15. Conditions on Street Occur>ancv. (a) ~1 transmissions and distribution structures, lines, and equipment erected by the grantee within the City sha~ be first approved by thc City upon app!ica~ion by the grantee and shall be so located' as to cause mi~i~um inlcrferencc with the proper use of streets, easements and swa!c5, sidewalks, alleys, and other p~l!c ways and places, and to cause mirimu~ interference with the r~ghts and reasonable converience of property owners who join any of the said streets, easements and swales, sidewa~s, a~eTs or other public ways and places. In cases of disi~bance of any street, easement and sw~e,.sidewa!k, ~ey, public way, or paved area, the grantee shall, at its own cost and' expense and in a manner approved by the City Manager, replace and restore such street, sidew~k, easement and swale, ~ey~ p~lic way, or paved area in as good a condition as before the work invc!vin2 su.~h disturbance was done, and shall m~ntain such repairs for one year after the completion of (c) H a% any time during the period .of this Franchise the City shall lawfully elect to alter or change the grade of any street, easement and swale, sidewalk, alley, or other public way,*the grantee, upon reasonable notice by the Ci'ty, sha~ remove, relay, and relocate 'its poles, wires, cables, underground conduits, ma~oles, and other f~ures at its own expense. * or to relocate cri~tM1 additional paving or uti~ties, (d) ~y poles, or other fi:dures placed in any public way by the ~cer3 ee shall be placed in such manner as not to interfere with the usual travel or any utiEties located in or on such p~lic way. (e) The grantee sh~, on the request of any person holding a building moving permit issued by the City, tempor~ily raise or lower its wires to permit the moving of buildings.. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such pa~vnent in advance. The grantee shall be given not less than 72 i~ours advance notice to arrange for such . <. tempor~3 wire changes. %f, The g~-a,~[cc ~naix have the au[horley [o trim [tees upon and overhanging streets, easements and swales, alleys, sid ewalks, ~d public ways and p!accs of the City so as %o prevent the branches of such trees from coming i.n contact w/th tim x %res and cables of ihe grantee, except that at the option of thc City, upon request of the grantee, such trimmin~ may be done by it or under its supervision and direction at the expense of thc grantee. 362I (g) In all sections o£ thc City ~',~herc the cables, v · ~ ~ cs, or other like facilities of I~ubiic utiliti(,.s are presently placed underground or are ~-C¢luircd to be so t>laccd underground at any time in the future, the grantee shall place its cables, wires or other like facilities underg'round to the maximum extent that existing technology reasonably permits tt~c grantee to do so. (h) The City shall not be reclttired to assume any responsibility for the securing of any rights-of-way or easements, nor shall tile City be responsible for securing any permits or agreements with other persons or utilities. Section 16. E~nplo.vrnent..Practices. The Company will establish and adhere to the folloxving procedures, policies and reporting requirements: (a) Equal opportunity in employment shall be afforded all qualified persons by the Company and no person shall be discriminated against because of race, color, religion, national origin or sex. (b) Am equal opportunity notice will be posted in the office of the Company which states as folloxvs: "Equal Opportunity Employer -- discrimination because of sex, race, color, religion, or national origin is prohibited and you may notify the Equal Opportunity Commission or the Federal Communications Commission if you believe you have been dis criminated against." (c) The policy set forth in (b) above will be set forth on the employment application forms of the Company in red ink. (d) The local employment offices will be notified that the Company is an equal opportunity employer and there will be no discrimination practiced by ihe Company of sex, race, color, religion, or nalional origin. (e) Those in positions to hire will be specifically instructed to exarn~ne all hiring policies to make certain that the same comply with the foregoing declarations. (f) Each employee of the Company will be advised of the foregoing equal opportunity policy. (g) Whenever recruiting for employees is done by means of advertisement, the words "Equal Opportunity Employer" will be placed in media that have significant circulation among minority group people." (h) No selection techniques or tests that may have the effect of discrimln~ting against minority groups or females will b e us ed. (i) Whenever recruiting is done through schools, schools with significant minority group enrollments will be given equal consideration. Contact with leadership in minority and human relations organizations will be maintained to encourage referral of qualified minority or female applicants. Section 17. Removal of Facilities upon Request. Upon termination of service to any subscriber, the grant, e shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request. -7- 362J Section 18. Transfer of Franchise. The grantee shall not transfer this Franchise to another person or corporation without prior approval of the City Council by Res olution. Section 19. Chancre of Control of Grantee. Prior approval of the City Council shall be required where ownership or control of more than 30% of the right of control of grantee is acquired by a person or group of persons acting in concert, none of whom already own or control singularly or collectively except that this section shall not apply to any corporation other than a closed corporation as defined herein. By its acceptance of this Franchise the grantee specifically grants and agrees that any such acquisition occurring witi~out prior approval of the City Council shall constitute a violation of this Franchise by the grantee. Section 20. City Rights in Franchise. (a) The right is hereby reserved to the Cit.y or the City Council to · . adopt, in addilion to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power; provided that such regulations, by ordinance or otherwise, shall not conflict with the rights herein granted. (b) The City shall have the right to inspect the books, records, maps, plans and other like materials of the grantee related to its operations in the City of Delray Beach at any time during normal business hours, as to books, records, maps, plans "and other materials related to or affecting grantee's financial obligations to the City s et forth in this ordinance, maintained within Delray B each. (c) The City shall have the right, during the life of this Franchise, to install and maintain free of charge upon the poles of the grantee any wire and pole fLxiures necessary for a police alarm system, on the condition that such wire and pole fixtures do not interfere with the CATV operations of the grantee. (d) The City shall have the right to supervise all construction or installation work performed subject to the provisions of this Franchise and make such inspections as it shall find necessary to insure compliance with the terms of this Franchise and other pertinent provisions of law. (e) At the expiration of the term for which this Franchise is granted, or upon its termination and cancellation, as provided for herein, the City shall have the right to require the grantee to remove at its own expense all or any portion of the CATV system from all public ways within the City. (f) At the expiration of the term for which this Franchise is granted, or upon its termination and cancellation, as provided for herein, the City shall have the right to purchase the system and other property used under or in connection with this franchise or such portion of thc system and property as the City may desire to purchase at a valuation of system and property, real and personal, desired which valuation shall be fLxed by arbitration as may be provided by law. Section. 21... MapS, .Plats and Reports. (a) Upon request the grantee shall file with the City Engineer accurate maps of its system, showing construction and distribution networks and the grantee shall maintain same current. -8- 362K (b) The grantee shall file annually with the City Finance Director, within ninety days after the end of the grantee's fiscal year, a Certified Public Accountant's statement of the gross receipts derived from the grantee's subscribers within the area designated by this Franchise for said year. (c) The grantee, if a closed corporation as defined, shall keep on file with the City Clerk a current list of its shareholders and bondholders. Section 22. Payments to the City. (a) The company Shall pay the City three (3) percent of gross subscription revenue received by the company for cable television service provided to subscribers within the corporate limits of the City as now or hereafter consti- tuted. Said payments shall be made on a quarterly basis. (b) Gross subscription revenue shall include all items as set forth by the Federal Communications Commission from time to time. (c) The grantee guarantees the following minimum subscribers: For the year 1975 3,000 subscribers For the year 1976 6,000 subscribers For the year 1977 8,000 subscribers For the year 1978 8,000 subscribers For the year 1979 8,000 subscribers (d) City may amend this ordinance at any time after three years from its effective date to levy a public service tax. Section 23. Forfeiture of Frar.~chise. (a) In addition to all other rights and powers pertaining to the City by virtue of this Franchise or otherwise, the City reserves the right to terminate and cancel this Franchise and all rights and privileges of the grantee hereunder iD. the event that grantee: (1) Violates any provision of this Franchise or any rule, order, or determination of the City or City Council made pursuant to this Franchise. (2) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt (3) Attempts to dispose of any of the facilities or property of its CATV business to prevent the City from purchasing same, as provided for herein. (4) Attempts to evade any of the provisions of this Fran- chise or practices any fraud or deceit upon the City. (5) Fails to submit applications for all necessary li- censes and ~r0~ts. . within 30 days after ~r~e. ..... ~ franchise, copies of which app!].cations shall t~e filed with the City Clerk, and/or fails to ccmmence ccn- struction within 60 days after grantee's receipt of all required licenses and permits. (6) Fails to complete construction of a CATV System in the present city limits of City within two yea~s from the issuance of a Certificate of Compliance the Federal Communications Co~unission. - 9 - 362L (b) Such term/nation and cancellation shall be as follows: (1) Notice slml! be sent from City by the City Manager to v. 'grantee, by:registered or certified mail or hand delivered. (2) Said notice shall specify in a general way so as to be reasonably understood, the particular terms, conditions or provisions of ti~e franchise or ordinance, which have been, or are ~e~n~ violated, and shall name a time not less than five (5) days thereafter, within which to strictly comply with such terms, conditions off provision. (3) If grantee shall, after service of such notice, fail strictly comply with any of such terms, conditions or provisions, within the time therein prescribed, (not less than five (5) days)~ then and from %henceforth said grantee shall be deemed 1o have forfeited and annulled all of its sa~d = ''- . ~rancmse, grants, privileges, rights licenses and immunities. (4) Upon failure of ~rantee to comply wi~h any such terms, conditions or provisions of said no, ice, City may remoye f~om any s~ree%s, alleys, or easements all proper~y of .-~ran~ee as if no f, anc .... e, grant, privilege, right, Hcense or immu~ty had ever been ~iven. :~ + .... e_ven~_o,.. Thegraniee agrees notto oppose Section 24. City's R~h. offs' -, +~ ~ intervention by the City in any s~t or proceeding to which the grantee is a party. Section 25. Further A~reement and Ws5verbvGrantee. The grantee agrees p~ o~.=~on~ of uus r rancms e, further agrees that it will not at any of this Franchise are unreasonable, arbitrary, or void. Section 26. Duration and Renewal of Franchise. (a) The rights and privileges granted hereunder shall commence on %he effective date of this ordinance and continue for a peri~ of fifteen (1~) years u~ess sooner ~ermin~ted as herein provided. I% has been determined by the City that the period of 15 years is a reasonable period of time for the duration of a grant of such rights and privile[~es of this iype and nature, provJd~ %hat 30 days after passage of tile ordinance n~min~_ o grantee, _ grantee shall fiIe with the City Clerk tis unconditional accepiance of i~s Franchise and promise to comply with and abide by all of -- its provisions, terms and conditions. At the termination of the i~tial 15 years the rights and privileges granted hereunder may be renewed at lhe election and agreement of the City and the Company for a reasonable period of time upon revaluation of the state of the art and Company shall continue service for a period of six (c) Should the grantee fail to comply with subsection (a) above, it shall ... acquire no rights, privileges, or authority under t~s Franchise '- whatever. Section 27. Erection, tleu.ova!, and Common U~er'of Poles. (a) No underground facilities, poles or other wiru~olding structures shall be erected by thc grantee without prior approval of the City R.%anagcr witl{. ..... ~,~,.~-d to !oca~on, height, type and any other pertinent ~ ','~, ,- location of any underground facility, pole or aspect. ~.o,, _/{.~, no wire-holdi~u.~ r;tructuce of Ute grantee shall be a vested interest a~d -10- *a,9.:~ll~sl>t-,,,'on'~l t. lte 15 year.7 or such pqr_i?l of tinge a.s ne ,otiatcd between thc parties in t}~r, 362M such poles or structures shall be removed or modified by the grantee at its own expc, n~e v:henever the City Manager determines that the public convenience would be enhanced thereby. (b) ~Vhere poles or other wire-holding structures already existing for use in serving the City are available for use by the grantee, but it does not make arrangements for such use, the City Council may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable. (c) Where the City or a public utility serving the City desires to make use of the poles or other wire-holding structures of the grantee, but agreement therefor with the grantee cannot be reached, the City Council may require the grantee to permit such use for such consideration and upon such 'terms as the Council shall determine to be just and reasonable, if the Council determines that the use would enhance the public convenience and would not unduly interfere with the grantee's operations. Section 28. Number of Channels. The Grantee shall make available upon the request of the City Council one channel for educational TV, one channel for public access and one channel for local government service. The grantee's cable distribution system shall be capable of carrying at least 20 television channels. The grantee shall carry all licensed VITF and UHF channels in accordance with Subpart D of Part 76 of Federal Communications Commission Rules & Regulations. Section 29. Rates and charges to Subscribers. The original maximum charge which maybe levied by the Company for installation of its services is as follows: Type of Service Installaiion Monihly (TV or FA.i) (Standard) Service (a) Residential (Single Family) First Outlet $ 9.95 $ 5.95 Extension Outlets 9.95 1.25 (b) Multiple Family, C. ondominiu.ms, Multiple Apartments (1) Individual Residences First Outlet 9.95 5.95 Extension Outlets 9.95 1.25 (2) Ckvners/Associa%ion or Collective Individual Guarantee on 8 Units or More 100% Connections on Single Monthly Billing Ail First Outlets 9.95 4.95 All Extension Outlets 9.95 1.00 (c) Commercial Units (Stores & Offices) (1) Individual Units First Crutlet 9.95 5.95 Extension Outlets 9.95 1.25 (2) Owners/Association or ~o~l~c~ve Individual ~-.~ ..... ~...~+~ on Units or More 100% Connections on Single Monthly Billing Ail First Outlets 9.95 4.95 All Extension Ck~tlets 9.95 1.00 (d) Hotels and Motels First Outlet By Contract 5.95 Next 49 Outlets By Contract All over 50 Outlets By Contract 1. 362N (e) When a converter is furrdshed to a rental unit, there will be a $15.00 ~ecurity ~Jc,..>osxt made to the "" · ~ ' ,, -" Compan3 on the converter. (f) AIl standard installation charges shall be waived during time installation of the CATV system is taMng place past a potential subscriber. (g) The Company is granted the privilege of making additional installation charges fox' custom installation charges as defined in this Ordinance. The amount of the Co?apany's compensation shall be subject to applicable federals state and local law and regulations. 221 rates shall be uniform throughout the City. No changes in rates charged to subscribers shall be made except as authorized by the City after an appropriate public hearing. (1) "Standard - ' " Instaliatxon shall mean any installation which requires no more than 150 feet of lead-in type cable, where entry into the structure is ma.de through an outside wall, wherein internal wiring can be affixed to the surface of the wall or base-board, and where the nxethod of outside installation, either aerial or underground, is the same as is employed in the distribution line serving the subscriber. (2) "Custom .Installation" shall mean any installation which - employs outside construction methods, either aerial or underground, different from that employed in the distribution line serving the subs crib er, where inside wiring involves installation of cable or wire in any attic, crawl space ~)r within 'the dead space area of any wall, or requires more that 150 feet of lead-in type cable, or requires additional amplification equipment to provide proper service. S~ection 30..Corn?~_?~v ~Oe~. The company sha!l have the authority to promulgate such rules, regulations, terms, and conditions governing the conduct of its business as shall be reasonably necessary to enable the company to exercise its rights and to perform its obligations under this Franchise ordinance and to assure an uninterrupted service to each and all its customers, provided, however, that such rules, regulations, terms, and conditions shall not be in conflict with the provisions hereof and shall be filed with the City. Section 31. Semi-Annual Negotiations. Because of the regulatory, technical, financial, marketing, and legal uncertainties associated with cable communications, lhe parties intend to provide a. degree of flexibility in developing the cable system. It is intended that at semi-annual negotiating sessions the parties shall review progress towards the objectives proposed in the projected revenue and cost reports. If it appears grantee has fallen short of its objectives, the session shall be devoted to developing new services, lowering subscriber rates, revising line extension plans or other services. Section 32. Publication Costs. The grantee shall assume the cost of publication of this Franchise as such publication is required by law and such is payable upon the grantee's filing of acceptance of this Franchise. Section 33. SeDarabiiity. If any section, subsection, sentence, clause, phrase, or portion of tilts ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independen~ pi ovision portions hereof. In the event tna~ the Federal Communications Commissior, declares any section invalid, then such section or sections will be renegotiated by the City and the Grantee. -12- 3620 Section 34. This Ordn~ancc shall take effect i~::~nediately upoll passage on second and final reading following the pu,~.~c h(:arin;~. PASSED AND ADOPTED on second and final reading of the 22nd day of July , 1974. ATT EST: City Cl~rk First Reading June 24, 1974 Second Reading July 22, 1974 -13- 362P ORi)IL~ANCE NO. 30-74 AN ORDINANCE OF THE CITY COU~ICIL OF THE CI'I"f OF DELRAY BEACH, FLO?d[DA, z¥1EL~DING CtLAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELSEY BEACH, AS A~IEiqDED, BY CILANGING THE SECTION.NUMBER DESIGNATIOiW FOR THE }~.i-6 A~rD P~M-20 MULTIPLE FAMILY DWELLING DISTRICT; A~D SEPAI~ATING THE NOW COMBINED RM-10 A_iq) F24-15 MULTIPLE FiaE4ILY DWELLING DISTRICTS INTO TWO DISTI~CT SECTIONS; REPEALING ALL ORDINANCES OR PARTS OF OPJDINANCES IN CONFLICT HERE~fITH; PRO- VIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. ?~EREAS, the Planning and .Zoning Board has recon~ended changing the section number designation for the ~M-6 and ~I-20 Multiple Family Dwelling District; and separating the now combined RM-10 and RM-15 Multiple Family Dwelling Districts into two distinct sections, of Chapter 29 "Zoning" of the Code of Ordinances; and, WHEREAS, the-City Council of.the City of Delray Beach, Florida, concurs in said recomn~endation, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 29-4.1 of Chapter 29 "Zoning" of the Code of Ordinances cf the City of Delray Beach, be amended by changing the section number designation to read as follows: Sec. 29-5 ~M-6 Multiple Family Dwelling District (The section number designation, only, has been changed, all other provisions, regulations, and requirements remain unchanged.) SECTION 2. That Section 29-5.1 of Chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach, be ~mended by changing the section number designation to read as follows: Sec. 29-5.3 R~,~-20 Multiple Family Dwelling DistrZct (The se~-tion number designation, only, has been changed, all other provisions, re~cn~l~tio~s~. ~aDd req~iremen~ r~main unchanged.) SECTION 3. That Section 29-5 of Chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach, be amended by separating the now combined F.51-10 and Pg,~-!5 Multiple Family Dwelling Districts into two distinct sections, to read as follows: 362Q Sec. 29-5.1 RM-10 MULTI' PI,E FA~.'.~ ~.¥ i)~'.q~LLING DISTRICT (A) PURPOSE The RM-10 Zoning District is intended to provide a low density multi-family residential area, which will be compatible with more restrictive, lower density, single f~ily residential areas, and will exhibit a pronounced architectural relationship with adjacent more restrictive zoning districts. (B) PERMITTED USES (1) Home occupations as defined in Sec. 29-1 (30) (2) Multiple family structures containing eight (8) or less dwelling units in one (1) or more structures (3) Single f~ily d%¢ellings and their customary accessary uses, including, bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cot%ages, playhouses, pool houses and covers, pump. houses, slat houses, storage sheds, swimming pools, tool sheds, workshops, and similar recreational facilities. Single family dwellings shall comply with the district regulations for the R-lA Zoning District. (C) COA~ITIONAL USES As prescribed in Sec. 29-7.4, and after the review of the application and plans appurtenant thereto, and hearing thereon, the Planning and Zoning Board finds as'a fact that the pro- po~ed u~ · .... ses are cons~en~ with good zoning prac~.ice, not contrary to the Master Plan, and not detrimental-to the promotion of public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safety of the City, the following uses may be recommended to the City Council as Conditional'Uses: (1) Churches, and their attendant educational and recreational facilities (2) Community center buildings (3) Golf courses, swimming and tennis clubs, and similar recreational facilities, when used as a principal use in a public facility or private club (4) Libraries (5) Multiple family projects containing nine (9) or more dwelling units in one (1) or more structures, and their attendant educational and recreational.facilities (6) Museums, public (7) Natural resource utilities (8) Professional offices, consisting of, accountants, arch- itects, attorneys, chiropractors, dentists, engineers, landscape architects, naturopaths, opticians, optomet- rists, osteopaths, physicians, podiatrists, psychologists, and surgeons (9) Public utilities, excluding equipment and storage yards (10) Schools, kindergartens, and nursery schools, public and private -2- ORD. NO. 30-74. 362R (D) MINIMUM SITE AREA A~.ND DENSi'i%_" CO:.IPUTATION (1) Minimum Lot or Parcel of Land (a) First two (2) units 6,000 sq. ft. (b) Each additional unit 4,600 sq. ft. (c) Maximum floors 3 floors (2) Minimum Lot Dimensions (a) Front 60 ft. (b) Width 60 ft. (c) Depth !00 ft. (d) Area 6,000 sq. ft. ( 3 ) Exceptions (a) On curving streets and cul-de-sacs, the required frontages of lots may be reduced by forty (40) per cent, provided the center line radius of the adjacent public street is one-hundred (100) feet or less. (b) On lots or parcels of record, the frontages of which do not meet the required minimum of sixty (60) feet, and are not less than fifty (50) feet, but contain the minimum lot area, two (2) dwelling · units shall be permitted, and side setbacks shall be as provided for in the R-i~R Zoning District. (E) MINIMUM AGGREGATE FLOOR AREA REQUIREMENTS The following shall be the minimum ~u~ areas for all multiple f~mily structures expressed as net living ar~a, exclusive of porches, balconies, decks, and common areas, such as corridors: (1) EffiCiency Apartment 400 sq. ft. (2) One Bedroom Apartment 600 sq. ft. (3) Two Bedroom Apartment 900 sq. ft. (4) Three Bedroom Apartment 1,150 sq. ft. (5) Four Bedroom Apartment 1,350 sq. ft. A minimum of two (2) bathrooms is required in four (4) bedroom multiple family dwelling units. (F) MINIMUM BUILDING SETBACKS (1) The following shall be the minimum setbacks, by total number of floors, for all buildings and structures in this zoning district: (Floors) 1-2 3 (a) Front 25 ft. 25 ft. (b) Side (interior) 15 ft. 2_= ft. (c) Side (street) 25 ft. 25 ft. (d) Rear 25 ft. 25 ft. (2) All setbacks shall be measured from the street right-of-way line, and Where special setback lines have been established on any street or highway for street widening purposes, front, side, and rear setbacks shall be measured from the special setback line on the property. .... 3- ORD. NO. 30-74. 362S (3) Swinuning pools shall be permitted in any setback, provided they comply with Sec. 17-2S.!, and with the setback require- ments for this zoning district. (G) MAXIMUM GROUL~D FLOOR BUILDING AP~EA The total ground floor building area of all buildings and structures shall not exceed forty (40) per cent of the total lot area. (H) MAXIMUM TOTAL FLOOR AREA No requirements. (I) MAXIMUM BUILDING HEIGHT No building or structure shall be constructed to a height exceeding two (2) floors, or in the case of a recreational building, not higher than the highest principal residential building, unless approved as a Conditional Use (Sec. 29-7.4). In no case shall a building or structure exceed three (3) floors. (J) PARKING AA~ LOADING REGULATIONS See Sec. 29-7.3 (K) WALLS .~\~ FENCES . Walls, fences, or similar structures, shall: (1) Not be maintained within the area at any corner street intersection at elevations the City Engineer determines will obstruct visibility. (2) Not exceed six (6) feet in height above the established lot grade when erected in the front, side, and rear setbacks. (3) Not contain any substance such as broken glass, spikes, or nails. No electrically, charged fence shall be erected in this zoning district. (L) ACCESSORY BUILDI~,[G PdEQUIREMENTS (1) Ail accessory buildings shall observe the same setbacks required for the principal structure. (2) ~?o garage, or other accessory building shall be erected before the principal structure is under construction, to the point of being fully enclosed, except where specifically allowed by Conditi hal Use (Sec. 29-7'.4). -4- ORD. NO. 30-74. 362T Sec 29-5.2 RM-15 HULTIPLE FAHii,Y D% .... LLING DISTRICT (A) PURPOSE The ~q-15 Zoning District is intended to provide medium density, multi-family residential areas, which will be compatible with more restrictive zoning districts, and serving as a transitional buffer. (B) PErmITTED USES (1) Home occupations as defined in Sec. 29-1(30) (2) Multiple family structures containing eight (8) or less dwelling units in one (!) or more structures (3) Single family dwellings and their customary accessary uses including, bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, swimming~Doo]s,- tool sheds, workshops, and similar recreational facilities. Single family dwellings shall comply with the district regulations for the R-lA Zoning District. (C) CONDITIONAL USES As prescribed in Sec. 29-7.4, and after the review of the application and plans appurtenant thereto, and hearing thereon, the Planning and Zoning Board finds as a fact that the pro- posed use or uses are consistent with good zoning practice, ~o* contrary ~ e~ ~.,=o~ ~=~, a,,~ ~- ~,=er~:~ to the promotion of public appearance, comfort~ convenience, general welfare, good order, raora].s, prosperity, health, and safety of the City, the following uses may be reco~umended to the City Council 'as Conditional Uses: (1) Broadcasting facilities (2) Churches, and their attendant educational and recreational facilities (3) Commercial uses totally contained within a residential structure limited to a total floor area not to exceed ten (i0) per cent of the gross residential floor area contained therein, exclusive of vehicular parking and service areas, and limited to such uses as, barbershops, beauty salons, delicatessens, drug stores, and rest- aurants (4) Community center buildings (5) Golf courses, swimming and tennis clubs, and similar -, - recreational facilities, when used as a principal use in a public facility or private club (6) Libraries (7) Multiple family projects containing nine (9) or more d~elling units in one (!) or more structures, and their attendant educational and r~creet~ona! facili%i.es ('8) Museums, public (9) Natural resource utilities (10) Professional offices, consisting of, accountants, arch- itects, attorneys, chiropractors, dentists, engineers, landscape architects, naturopaths, opticians, optomet- rists, osteopaths, physicians, podiatrists, psychologists, and surgeons 362U (11) Public utilities, excluding equipment and storage yards (12) Schools, kindcrgartens, and nursery schools, public and private (D) MINIMUM SITE AREA AA~ DENSITY COMPUTATION (1) Minimum Lot or Parcel of Land (a) First two (2) units 8,000 sq. ft. (b) Each additional unit 2,900 sq. ft. .... (c) Maximum floors 5 residential floors with a maximum of 7 floors overall (2) Minimum Lot Dimensions (a) Front 60 ft. (b) Width 60 ft. (c) Depth 100 ft. (d) Area 8,000 sq. ft. (3) Exceptions (a) On curving streets and cul-de-sacs, the required frontages of lots may be reduced by forty (40) per cent, provided the center line radius of the adjacent public street is one-hundred (100) feet or less. (b) On lots or parcels of record, the frontages of which do not meet the required minim~ of.sixty (60) feet, and are not less than fifty (50) feet, buy contain the minimum lot area, two (2) dwelling units shall be permitted, and side setbacks shall be as provided for in the R-1AA Zoning District. (E) MINIMUM AGGREGATE FLOOR AREA REQUIREMENTS The following shall be the minimum floor areas for all multiple family structures expressed as net living area, exclusive of porches, balconies, decks, and common areas, such as corridors: (1) Efficiency apartment 400 sq. f~t. (2) One bedroom apartment 600 sq. ~ft. (3) Two bedroom apartment 900 sq. ft. (4) Three bedroom apartment 1,150 sq. ft. (5) Four bedroom apartment 1,350 sq. ft. " - A minimum of two (2) bathrooms is required in four (4) bedroom multiple family dwelling units. (F) MINIMUM BUILDING SETBACKS (1) The following shall be the minimum setbacks, by total number of floors, for all buildings and structures in this zoning district: '(Floors) 1-2 3 4-5 6-7 (a) Front 25 ft. 25 ft. 30 ft. 30 ft. (b) Side (interior) 15 ft. 25 ft. 25 ft. 30 ft. (c) Side (street) 25 ft. 25 ft. 25 ft. 30 ft. (d) Rear 25 ft. 25 ft. 25 ft. 30 ft. -6- ORD. NO. 30-7~. 362V (2) All setbacks shall be measured from the ~treet right-of-way line, and where special setback lines hau~ been established on any street or highway for street widening purposes, front, side, and rear setbacks shall be measured from the special setback line on tile property. (3) Swimming pools shall be pe~L~itted in any setback, provided they comply with Sec. 17-28.1, and with the setback requirements for this zoning district. (G) MAXIMUM GROUL~ FLOOR BUILDING AREA The total ground floor building area of all buildings and structures shall not exceed forty (40) per cent of the total lot area. (H) MAXIMUM TOTAL FLOOR AREA No requirements (I) MAXIMUM BUILDING HEIGHT No building or structure shall be constructed to a height exceeding t%~o (2) floors, or in the case of a recreational building, not higher than the highest Principal residential building, unless approved as a Conditional Use (Sec. 29-7.4)~ In no case shall a building or structure exceed five (5) residential floors, with a maximum of seven floors overall. (J) PARKI[,~G A~,~?D ~' ~ REGUL~AT!ONS See Sec. 29-7.3 (K) WALLS AN~ FENCES Walls, fences, or similar structures, shall: (1) Not be maintained within the area at any corner street intersection at elevations the City Engineer determines will obstruct visibility. (2) Not exceed six (6) feet in height above the established lot grade when erected in the front, side, and rear setbacks. (3) Not contain any substance such as broken glass, spikes, or nails. No electrically charged fence shall be erected in this zoning district. (L) ACCESSORY BUILDING REQUIP~F~ENTS (1) All accessory buildings shall observe the z~[~e setbacks required for the principal structure. (z) 'No garage, or other accessory building shall be erected before the principal structure is under construction, to the point of being fully enc!osed~ except where specifically allowed by Conditional Use (Sec. 29-7.4). -7- ORD. NO. 30-74. 362W SECTION 4. That any person, firm or corporation violating any of the provisions of Section 3 above, shall, upon conviction, be punished as provided in 'Section.l-6 of the Code of Ordinances of the City of Delray Beach. SECTION 5. Ail ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or uncon- stitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED in regular session on second and final reading on this day of , 1974. MAYOR ATTEST: City Clerk First Reading Second Reading -8- ORD. NO. 30-74. 362X OPJDII~ANCE NO. ' 31-74 AN ORDI~LANCE OF T~IE CITY COL%~CIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONiNG AR~) PLACING DELRAY B~ACH ~2IG.qTS ~(T.~_=~SION SECTION A, DELP~AY BEACH RIGHTS EXTENSION SECTION B, LOT 21, SECTION 20, TO~NSHIP 46 SOUTH, RANGE 43 EAST, ANq~ A PORTION OF SECTION ].9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST OF STATE ROAD 1-95 RIGHT-OF-WAY IN "LI LIGHT INDUSTRIAL DISTRICT", AND ~LENDING "ZONING MAP OF D~.RAY BEACH, FLORIDA, 1972". BE IT ORDAIAr~D BY T~iE CITY COL~.q'CIL OF THE CI~f OF DELRAY BEACH, FLORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in "LI Light Industrial District." as defined by Chapter 29 of the Code of Ordi- nances of the City of Delray Beach, F!crida, to-wit: Delray Beach Heights Extension Section A, Delray Beach Heights Extension Section B, Lot 21, Section 20, Town- ship 46 South, Range 43 East, and a portion of Section 19, Township 46 South, Range 43 East, lying East of State Read 1-95 Right-of-Way, more particularly de- scribed as follows: Com~.ence at ~ ~,,~=~ ~ner '. ~= ~'~ subdivis; of portions of Townships of Lot 2 45 and 46 South, Range 43 East, as recorded in' Plat Book 1, Page 4, Public Records of Palm Beach County, Florida; 'thence in a westerly direction along the south line of said Lot 21 to the east right-of-way line of State Road 1-95; thence in a northerly direc- tion along said east right-of-way of 1-95 a distance of 1450.5 feet to a point; thence in an easterly di- rection along a line, parallel to the south line of Lot 19 of said subdivision of portions of Townships 45 and 46 South, Range 43 East, to a point in the center line of Southwest 17th Avenue; thence in a northerly direction along said center line of South- west 17th Avenue to the northwest corner of Lot 19 of said subdivision of portions of Townships 45 and 46 South, Range 43 East; thence in an easterly direc- tion along said north line of Lot 19, to a point in -, the center line of Southwest 15th Avenue; thence in a southerly direction along said center line to a point in the center line of Southwest 10th Street; thence in an easterly direction along said center line of Southwest 10th Street to the northeast' corner of said Lot 21; thence in a southerly direction along the east line of said Lot 21 to the point of beginning; Less the following parcel of land; the south 226.50 feet of the west.1000.0 feet of Lot 21, of the sub- division of portions of Townships 45 and 46 South, Range 43 East, as recorded in Plat Book 1, Page 4, Palm Beach County, Florida, less right-of-way of State Road 1-95. Said tracts of land situate, ly- ing and being in City of Delray Beach, Florida; and 362Y for the purpose of rezoning from HI Heavy Indus- trial District to LI Light Industrial District, · - -the south 226.50 feet of the west 1000.0 feet of Lot 21, of the subdivision of portions of Town- -ships 45 and 46 South, Range 43 East, as recorded in Plat Book 1, Page 4, Palm B~ach County, Florida, less right-of-way of State Road 1-95. Said tracts of land situate, lying and being in City'of Delray Beach, Florida. SECTION 2. That the Planning Director 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 Section 1 hereof. PASSED AND ADOPTED in regular session on the second and final reading on this the L~uu day of c~~f , 1974. ATTEST: A~i~C ity Clerk First Reading Second Reading. - 2 - Ord. No. 31-74 '°362Z Delray Beach., Fla. ORDINANCE NO. 32-74. AN ORDINAlfCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AN~,~EXING TO THE CITY OF DELtQAY BEACIt, CERTAIN LANDS LYING IN SECTION 28, TO~,.~SHiP 46 SOUTH, .RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTI~[G bIUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LANDS; PRO- VIDING FOR ~E RIGHTS A~'~D OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, Woods McCahill and Elizabeth B. McCahill, his wife, are the fee simple owners of the lands hereinafter described; and, WHEREAS, Woods McC~hill and Elizabeth B. McCahil!, his wife, have petitioned ~nd given permission for the annexation of said lands by the City of Delray Beach; and, WHEREAS, the City cf Delray Be~ch has heretofore been authoriz- ed 'to annex !~m_ds in accord_ance with Section 185.1 of the City Char- '' ter o~ s~i~ Ci~~ gran%~.~' %~ ~% by the State of Pi~ri~; and, WHEREAS, the annexation of these lands hereinafter describe.~ in the P~4-15 Multiple Family I~.zelling District has been recom~nended by the Planning and Zoning Board in action taken at its meeting held on June i$, 1974, OF DELRAY BEACH, FLORIDA, AS FOLL~'~S SECTION 1. That the C~.ty Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the follo~..zing described !~nds located in Palm Beach County, Florida, which lie con- tiguous tO said City A parcel of l~nd in Section 28, To~ship 46 South, Range 43 East, Palm Beach County, Florida, more par- ticularly described as follows: Beginning at a Foint'~_n ~. line parallel to 5nd 1200 feet l~ortherly (measure~ at right angles) from the East an~ West Quarter Section line of said Section 28, Tox.~ship 45 South, Range ,~ East, said point of beginning being 300 feet Westerly, measured along said parallel line, from the Westerly right-of-way line of State Road No. A1A; thence continue along same course Westerly to the Easterly right-of-way line of the Florida intracoastal Waterway; thence Southerly aionq' said Easterly right-of-way line, the first hereinoescr~Deu ..... course, a distance of 220 feet; thence Northerly, at right angles to the pre- ceding course, a distance of 100 feet to the point of beginning. SECTION 2. That the Boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the herein- before described lands, and said lands are %~ereby declared to be within the corporate limits of the City of Delray Beach, Florida. 362a SECTIOI~ 3. That the lands hcrc[nbefore described are hereby de- clared to be in Zoning District Fd'.l-15 ~,Iultiple Family Dwelling District as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the lands hereinbefore described shall immedi- ately become subject to all of the franchises, privileges, into]unities, debts, obligations, liabilities, ordinances and laws which are now, or may in the future, be applied to lands within the City of Delray Beach, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a Court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED AND ADOPTED in regular session on the second and final reading on the 22nd day of July , 1974. ATTEST: City Clerk Second Reading July 22, 1974 -2-