05-14-73 MAY 14~ 1973
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. on
Monday, May 14, 1973, with Mayor James H. Scheifley presiding, City
Manager J. Eldon Mariott, Acting City Attorney John Ross Adams,
and Council members Grace S. Krivos, J. L. Saunders, Leon M. Weekes
and O. F. Youngblood present.
1. The opening prayer was delivered by Rev. Robert C. Klemm
of the Trinity Lutheran Church of Delray Beach.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular meeting of April 24, 1973 and
the special meeting of April 30, 1973 were unanimously approved on
motion by Mrs. Krivos and seconded by Mr. Weekes.
4.a. Mayor Scheifley explained the meaning of "oolite" in con-
nection with the beach erosion project in answer to questions from
the public. He stated it was a rock consisting of small round
grains, usually carbonated lime, cemented together.
4.b. Mayor Scheifley commended the work that has been done on
the rostrum in the Council Chambers.
5.a. Mr. J. W. Dunbar, Secretary of the Beach Property Owners
Association, introduced the new President of the Association to
Council and the public, Mr. R. Dail Moore. Mr. Moore will replace
Mr. Everett Palmatier. Mr. Moore acknowledged the introduction and
expressed his desire to work for the benefit of the community.
5.b. Mr. John L. Pitts, III spoke for the Kiwanis Club requesting
the use of the Civic Auditorium for an antique show to be held in
February, 1974. He stated that all of the funds would be presented
to charity. Mr. Pitts further stated they would like to use the
Civic Center Auditorium to enable the Kiwanis Club to sponsor a
large and profitable show which would attract the citizens of Delray
Beach. He expressed the desire to run the show three days.
5.c. Mr. Durward Murphy spoke from the floor stating he had bid
on the American LaFrance Fire Truck and asked Council whether or not
a price could be negotiated since the bids at the auction were so
low. He stated his desire to purchase the truck. The City Manager
ascertained that Mr. Murphy was willing to pay $1200 and suggested
that the Council authorize resubmission of the fire truck to bid in
the same manner as in the past with a stipulation that $1200 be
deposited with the City at time of submission of bid. City Manager
Mariott further stated that should no higher bid be received, the
City would sell the truck for $1200. Mr. Murphy stated he would
like to purchase the truck at the meeting and indicated he did not
wish to bid further or wait for another auction. The Acting City
Attorney, Mr. John Ross Adams, stated that legally the truck could
not be sold in such a manner, but would have to be advertised again.
The City Manager stated that unless Mr. Murphy was willing to
deposit $1200 with the City, it would be his recommendation to
reject the bids and hold the fire truck until a future time. Mr.
Murphy replied that under these circumstances, he would withdraw
his bid. Mr. Mariott recommended that the bids received at the
auction be rejected. Mr. Saunders moved the bid be rejected,
seconded by Mr. Youngblood and passed unanimously.
5.d. Mayor Scheifley read a letter from a citizen highly commend-
ing the Fire Department Rescue Squad for their aid in helping a
woman within minutes of her illness which occurred on the tennis
courts of the City, both in administering to her in that location
and on the way to the hospital. The letter especially commended
Firemen D. Hennessee and J. Savinsky. The patient was in intensive
care in the hospital within minutes. The letter expressed thanks
to all the men of the Fire Department.
5oe. Rev. Semmie Taylor spoke from the floor concerning the pond
at S.W. 8th Avenue and 3rd Street. The County has declared it a
health hazard. Rev. Taylor questioned whether or not any official
action had been taken to rid the City of this hazard. The City
Manager replied that at the time the Southwest Drainage Project is
completed, the pond will have been eliminated.
Rev. Taylor then stated that due to the change in voting age
to 18, he was concerned about the young people who might be placed in
jail and exposed to more experienced criminals in that situation. He
suggested that juvenile officers be appointed to help correct the
situation and work with these young people. Mayor Scheifley sug-
gested this subject be placed on the workshop for discussion. The
City Manager added thmt it is the City's practice to place the
addition of new personnel in the budget and the City would shortly
be in the process of working out the fiscal budget for 1973-74
which would be the appropriate time for considering creation of new
positions.
6.a. The City Manager stated the second Council meeting to be
held in May would have to be changed since the fourth Monday in May
will be observed as a legal holiday, Memorial Day, by the City. It
was recommended that Council set the next regular meeting to be held
on May 29th, Tuesday, at 7:30 P.M. Mrs. Krivos so moved, seconded
by Mr. ¥oungblood and passed unanimously.
6.b. The City Manager recommended that Council authorize the
installation of a sign measuring approximately 7 feet by 12 feet to
be located on the public right-of-way on the beach, the precise
location of which will be designated by the City Manager at the time
the sign is completed and ready for installation. The sign w~uld
be for public information and would chronologically list some of
the more pertinent dates and action concerning the City's beach
restoration project. The City Manager replied to Mr. Saunder's
question that the money would come from the Beach Restoration Funds
for the sign. Mr. Saunders moved permission be granted to erect the
sign, seconded by Mr. Weekes and passed unanimously.
Mr. Saunders questioned the schedule of the beach project.
The City Manager replied that the project was on schedule and
pumping should begin by June 10th. He stated the contractor's ad-
vance crew has been here making arrangements for the unloading and
placement of the pipe on the beach.
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5-14-73
6.c. The City M~anager recommended that Council authorize the
submission for sale of surplus city merchandise as reflected on
the agenda with the exception of a Royal electric typewriter which
has been transferred to another city department. Mr. Youngblood
so moved, seconded by Mrs. Krivos and passed unanimously.
7.&. Mayor Scheifley acknowledged receipt of the minutes of the
Beautification Committee for the meeting held on May 2, 1973.
7.b. City Manager Mariott reported that Mr. Kurt Verson, Presi-
dent, Tropic Isle Harbor Shopping Center Association, Inc., has
requested the rezoning of the shopping center property from the
present zoning of RM-20 to CC (Community Commercial). This property
is located on the east side of Federal Highway on both sides of
Tropic Isle Drive. The City Manager recommended this request be
referred to the Planning and Zoning Board for study and recommenda-
tion. Mr. Youngblood so moved, seconded by Mrs. Krivos and passed
unanimously.
7.c. The City Manager explained the projector was not working and
he could not show the drawing prepared to show the location for the
suggested abandonment of a canal and two easements at a location
immediately south of Lindell Boulevard and west of the Florida East
Coast Railroad tracks right-of-way. City Manager Mariott stated he
had some drawings of the location and Dr. Frank Cusumano also~had
some drawings to be shown to Council. He stated Dr. Cusumano had
previously obtained a site plan for a development that was then
called Cusumano Village. A new site plan is now being drafted. The
applicant has requested that the city grant abandonment of two ease-
ments, each measuring ten feet in width, that extend across the
northern part of his property in two different locations connecting
it with Lindell Boulevard. He has also requested abandonment of the
finger canal that extends into his project. City Manager Mariott
stated the Planning and Zoning Board had reviewed the project and
obtained the opinions of several agencies including the FEC RR, the
Lake Worth Drainage District and the Engineering Department of the
City. The Engineering Department requested that the City be given
a new 10 foot easement running in a north-south direction along the
western boundary of the property in return for the two easements
that now exist for drainage purposes. The Planning and Zoning Board
recommended that the two easements be released for drainage purposes
and the canal easement be released and the City in return require
the dedication of a new 10 foot easement along the western part of
the property. Dr. Cusumano showed his drawings to Council with
explanation by the City Manager.
Mayor Scheifley asked if this was the proper sequence of
action to be considered since the site plan has not been presented
to Council yet. He stated he would prefer to see the site plan first.
Dr. Cusumano agreed to this action. He stated he wanted to maintain
the aesthetics of the area while providing security for the residents
with a canal on each side. Dr. Cusumano then requested that Council
agree to abandon the easements and canal and he would present the
site plan as soon as it was completed. Mayor Scheifley replied it
was preferred the site plan be presented first, then the abandonment
would be considered. Mrs. Krivos asked Dr. Cusumano if he intended
to fill in the canal to which he replied no. She questioned the
ownership of the canal stating Dr. Cusumano did not possess ownership.
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5-14-73.
Mr. Chuck Bytheway, President of the Tropic Palms Home Owners
Association of Delray, spoke from the floor stating all property in
Tropic Palms is deed restricted and permits no more than two family
units. He stated the zoning to RM-20 is in violation of the deed
restrictions. Secondly, Mr. Bytheway stated there is a deed restric-
tion in reference to filling in of any canal to enlarge any property
in Tropic Palms. He stated the residents do not want high rises in
the area and if anything is approved for Dr. Cusumano, the Associa-
tion will seek legal action to stop the project. Mayor Scheifley
pointed out that the City could not take any action on deed restric-
tions, but reiterated the Association had the right to take legal
action. Mayor Scheifley stated Mr. Bytheway should appear before
the Planning and Zoning Board when the matter is reviewed.
Mr. Larry Menser of Arthur Strock and Associates, engineers
for Dr. Cusumano, spoke from the floor stating the property involved
is currently a portion of Tropic Palms and Hidden Valley and the
purpose of the petition is to combine the two units into one plat
under the name of Palm Valley. Mr. Menser stated the ownership
of the canal could not pass until the adjoining property owners had
approved the project which approval has been received from the
Florida Flood Control Commission and the Florida East Coast Railroad.
If the City agrees to the abandonment, then it must go before the
County which is a long process. When the area is replatted after
approval, then site plans can be submitted and approved by the City.
If the abandonment is held up at the present stage waiting for site
plan approval, it will hold up the project for six or seven months
before it can be presented to the County. Mayor Scheifley stated
that under no circumstances would he vote for abandonment until a
site plan has been presented.
Mr. Fred Thielen, member of the Tropic Palms Home Owners
Association, and a member of the Tropic Palms Site Plan Committee,
spoke concerning the wall proposed by Dr. Cusumano which would
elicit immediate legal action. He reiterated the points brought out
by Mr. Bytheway. Mayor Scheifley recommended that these points be
expressed before the Planning and Zoning Board.
8.a. The City Manager presented Resolution No. 23-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND ABANDON-
ING A PORTION OF N.W. 7TH AVENTJE BEGINNING AT
N.W. 2ND STREET AND RUNNING SOUTHERLY 135 FEET.
(Copy of Resolution No. 23-73 is attached to the official
copy of these minutes.)
The City Manager stated the City had received in 1953 a 25
foot dedication of right-of-way on N.W. 7th Avenue beginning at N.W.
2nd Street running south 135 feet. He further stated it has been
discovered that part of the residence on this property extends into
the public right-of-way. A request has been made by the owners
that the eastern 10 feet be abandoned by the City to place the
residence on private property. Resolution No. 23-73 was unanimously
passed on motion by Mrs. Krivos and seconded by Mr. Saunders.
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5-14-73
8.b. The City Manager presented Resolution No. 24-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, PETITIONING THE
FLORIDA LEGISLATURE TO DESIGNATE A SINGLE
STATE AGENCY AS THE CENTRAL DEPOSITORY FOR
MUNICIPAL FINANCIAL REPORTS AND URGING THE
AGENCY SO DESIGNATED TO CONTACT THE U.S.
BUREAU OF THE CENSUS IN ORDER TO COORDINATE
REPORTING BY FLORIDA MUNICIPAL OFFICIALS.
(Copy of Resolution No. 24-73 is attached to the official
copy of these minutes.)
City Manager Mariott stated there are a number of federal
and state agencies that continually seek a stream of reports, each
designating different times for financial reports to be prepared.
The Florida Finance Officers Association at their recent annual
meeting adopted a Resolution urging a new state law that would
provide a central depository for municipal financial reports and
a single state agency would be designated as the clearing house.
The City Manager said this would benefit not only city employees
and municipalities, but also taxpayers. Resolution No. 24-73 was
unanimously passed on motion by Mr. Saunders and seconded by Mr.
We eke s.
8.c. The City Manager presented Resolution No. 25-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY
CONTRACT FOR CLEARING, MOVING AND RESETTING
TREES IN PROPOSED NEW PARKING LOT.
(Copy of Resolution No. 25-73 is attached to the official
copy of these minutes.)
The City Manager reported plans had been drawn for the city
parking lot on South Ocean Boulevard which provide for 124 parking
places and for access to the lot from A1A. Both an entrance and
an exit to the lot from the street on the west side of the lot are
included. The City Manager stated the matter under consideration
is for clearing, moving and resetting the trees that are on the
property now. The City Beautification Committee has approved the
plan. Two bids have been received as follows:
BIDDER B ID
Hardrives, Inc. $4,000 Maximum
Delray Beach, Florida
Turner Nursery & Landscape Co. 6,530
Boca Raton, Florida
Hardrives proposes to do the work on an equipment rental basis and
it is recommended that the contract be awarded to Hardrives in the
amount of $4,000 Maximum by passage of Resolution No. 25-73. The
City Manager stated the money would come from the Revenue Sharing
Funds. He further stated the bidding for the asphalt would be
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5-14-73
accepted in about two weeks. In answer to questioning, he indicated
many of the trees would be saved. The City Manager showed Council
members the plans that are under consideration. Mr. Saunders
suggested that a drinking fountain be added to the plans. Mayor
Scheifley ascertained that the lighting of the parking lot is being
considered by the City and Florida Power and Light. Mr. Youngblood
moved for the adoption of Resolution No. 25-73, seconded by Mr.
Saunders. Mr. Ernest Schier asked if the entrance from A1A would
permit entrance from northbound traffic. The City Manager stated
the plans were not in great enough detail to determine whether both
northbound and southbound traffic would be allowed to enter from
A1A. The motion passed unanimously.
8.d. The City Manager presented Ordinance No. 9-73.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
ENACTING A NEW ORDINANCE PERTAINING TO THE REMOVAL
OF CERTAIN TREES ON DESIGNATED PARCELS OF REAL
PROPERTY WITHIN THE CITY OF DELRAY BEACH; SETTING
FORTH THE PROPERTIES TO WHICH THE TERMS AND
PROVISIONS OF THIS ORDINANCE SHALL APPLY AND THE
REQUIREMENTS AND PROCEDURES FOR OBTAINING A PER-
MIT FOR REMOVAL OF TREES ON SAID PROPERTIES;
PROVIDING FOR THE RELOCATION OR REPLACEMENT OF
TREES WHERE CONSTRUCTION NECESSITATES THEIR RE-
MOVAL; SETTING FORTH CERTAIN PRECAUTIONARY PROCE-
DURES FOR PROTECTING AND PRESERVING TREES ON
PROPERTIES DURING CONSTRUCTION OF IMPROVEMENTS
THEREON; SPECIFICALLY EXEMPTING CERTAIN SPECIES
OF TREES FROM THE TERMS AND PROVISIONS OF THIS
ORDINANCE; PROVIDING FOR THE APPEAL OF THE DECISION
OF THE CHIEF BUILDING OFFICIAL TO THE BOARD OF
ADJUSTMENT CONCERNING THE ENFORCEMENT AND INTERPRE-
TATION OF THE TERMS AND PROVISIONS OF THIS ORDIN-
ANCE; PROVIDING A PENALTY FOR FAILURE TO COMPLY
HEREWITH; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE
EXTENT OF SUCH CONFLICT; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS HEREOF.
(Copy of Ordinance No. 9-73 is attached to the official
copy of these minutes.)
A public hearing was held, having been legally advertised
in compliance with the laws of the State of Florida and the Charter
of the City of Delray Beach, and there being no objections to
Ordinance No. 9-73, said Ordinance was unanimously passed and
adopted on second and final reading on motion by Mr. Youngblood and
seconded by Mr. Weekes.
8.e. The City Manager presented Ordinance No. 10-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH CERTAIN LANDS LOCATED IN LOT
11, SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43
EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LANDS; AND PROVIDING FOR THE ZONING THEREOF.
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5-14-73
8.e. (Copy of Ordinance No. 10-73 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 ~nd the Charter
of the City of Delray Beach, and there being no objections to
Ordinance No. 10-73, said Ordinance was unanimously passed and
adopted on second and final reading on motion by Mr. Saunders and
~seconded by Mr. Youngblood.
9.a. The City Manager reported the Planning and Zoning Board had
approved the site plan for the Edith Moore-John Stetson "Bond Street"
at the N.W. corner of Andrews Avenue and N.E. 8th Street on the south
100 feet of Lots 24 amid 25 and that portion of the south 100 feet
of Lot 11 lying east of the easterly right-of-way line of the Intra-
coastal Waterway, Section 9-46-43. The site plan calls for the
construction of 18 residential dwelling units and 16 offices; the
site plan was reviewed by Council at the May 7th workshop meeting.
Mr. Saunders moved that the site plan be approved, seconded by Mr.
Weekes and passed unanimously.
9.b. The City Manager reported that Lago Del-Rey, formerly Sovereign
Industries, has submitted a preliminary plat for Phase I for approval.
The tract of land is bounded by Lowson Boulevard on the south, At-
lantic Avenue on the north, Homewood Boulevard on the east and the
E-3~ Canal on the west, and 'is located in the SW-~ of Section 18-46-43
~und the.k-W¼ of Section 19-46-43. The Planning and Zoning Board
~ecommended approval of the preliminary plat for Phase I of Lago
Del-Rey. The City M~nager showed Council a print of the plat. Mr.
Youngbtood moved for approval of the preliminary plat as recommended
t)y the Planning a~nd Zoning Board, seconded by Mr. Saunders and
passed unanimously.
9.c. The City Manager reported a request for approval for a site
plan for the Lakeview Baptist Church, 2599 N. Swinton Avenue in the
west portion of Section 4-46-43 and east portion of Section 5-46-43.
The addition will be used for classroom and assembly purposes.
Mrs. Krivos moved the approval of the site plan as recommended by
the Planning and Zoning Board for the addition to the Lakeview
Baptist Church, seconded by Mr. Youngblood and passed unanimously.
10.a. The following Bills for Approval were unanimously approved
for payment on motion by Mr. Youngblood and seconded by Mr. Weekes.
General Fund ............. $285,528.56
Water and Sewer Fund ...... .. . . 416,611.63
Cigarette Tax Fund .......... 4,057.72
Utility Tax Fund ......... , . 5,440.00
Improvement Trust Fund ......... 202,135.41
Beach Restoration Fund ........ 14,995.00
Lowson Blvd~ W&S Project Fund .... 129,393.40
10.b.1. The City Manager reported the need for a workshop meeting
prior to the next Council meeting. Said meeting wa~ scheduled for
Thursday, May 17th, at 7:00 P.M.
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5-14-73
100 .
10.b.2. 51~e City Manager reported an agreement was necessary for
water and sewer pipes crossing the E-4 and E-3~ Canals in the
Lowson Boulevard area with the Lake Worth Drainage District. He
recommended Council authorize entering into such an agreement,
stating this was standard procedure. Mr. Saunders moved the City
enter into an agreement with the Lake Worth Drainage District,
seconded by Mr. Youngblood and passed unanimously.
10.b.3. Mrs. Krivos questioned whether or not an ordinance governed
the use of bamboo fences approximately 6 feet tall' used on private
property. It was ascertained there was no ordinance and it would
be difficult to legislate aesthetics for private property owners.
The meeting Was adjourned at 8:40 P.M.
c .ty
APPROVED:
~MAYO R ~
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5-14-73
.iOOA
RESOLUTION NO. 23-73.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF N. W. 7TH
AVENUE BEGINNING AT N. W. 2ND STREET
AND RUNNING SOUTHERLY 135 FEET.
WHEREAS, JOE POTTS', JR. and RUBY LEE POTTS, his wife,
owners of the property abutting the east side of N. W. 7th Avenue
beginning at N. W. 2nd Street and running southerly 135 feet, have
petitioned the City of Delray Beach for abandonment of the East
ten feet of the West twenty-five feet of the North one hundred
thirty-five feet of Block 11, City of Delray Beach; and
WHEREAS, the City Council deems it to be in the best
interests of the City to abandon said portion of N. W. 7th Avenue,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TP~E
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That, pursuan~ to Sectioh Seven (7), Paragraph Three
(3), of the Charter for the City of Delray Beach, Florida, it is
hereby determined to vacate.and abandon the following described
right-of-way:
A portion of N. W. 7th Avenue being the
East ten feet of the West twenty-five
feet of the North one hundred thirty-
five feet of Block 11, Town of Delray
Beach.
This abandonment is subject to compliance with Florida
Statute 177 and Palm Beach County Ordinance No. 71-3.
PASSED AND ADOPTED in regular session on this the 14th
day of May, 1973.
MAYOR
ATTEST:
100B
RESOLUTION NO. 24-73.
A RESOLUTION OF Tim CITY COUNCIL OF T~IE CITY
OF DELRAY BEACH, FLORIDA, PETITIONING THE
FLORIDA LEGISLATURE TO DESIGNATE A SINGLE
STATE AGENCY AS THE CENTP~L DEPOSITORY FOR
MUNICIPAL FINANCIAL REPORTS AND URGING THE
AGENCY SO DESIGNATED TO CONTACT THE U. S.
BUREAU OF THE CENSUS IN ORDER TO COORDINATE
REPORTING BY ~LORIDA MUNICIPAL OFFICIALS.
~REAS, the State Revenue Sharing Act of 1972, as well as
other statutes require municipal financial reporting; and
WHEREAS, existing Florida Statutes are overlapping and
contradictory in terms of the State Reporting Agency and procedure;
and
WHEREAS, the Federal Government and other governmental
agencies require additional financial reports; and
WHEREAS, such conflicting reporting requirements create an
undue burden on the Finance Departments and the taxpayers of the
Cities of Florida,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, THAT:
The Florida Legislature designate a single State Agency
to which all cities would be required to report and that this
agency be named as the central depository of Municipal Financial
Reports.
BE IT FURTHER RESOLVED that the State Agency so designated
be urged to immediately contact the U. S. Bureau of Census in order
to coordinate reporting by Florida Municipal Officials.
BE IT FURTHER RESOLVED that copies of this resolution be
sent to the Governor, President of the Senate, Speaker of the House
and other appropriate State Officials.
PASSED AND ADOPTED in Delray Beach, Florida, this 14th day
of May, 1973.
ATTEST: //~"~[4"~-Y 0 R ' ~/~
City Clerk/
IIII I I II Ill I ,, ........ ~ ~,~, J
RESOLUTION NO. 25-73.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
A CITY CONTRACT FOR CLEARING, MovING AND
RESETTING TREES IN PROPOSED NEW PARKING LOT.
WHEREAS, it is the recommendation of the City Manager that
the Council, acting by authority of provisions in Section 78 of
the City's Charter, award a contract for removal of trees and
shrubs, transplanting nineteen (19) Coconut Palm Trees, relocating
nine (9) Royal Palm Trees and relocating certain other trees for
the proposed parking lot between A1A and Gteason Street north of
Coconut Road as shown on Drawings for Job No. 5-321-73, Sheets
2 and 3; and
WHEREAS, the low bidder for the above stated work is
Hardrives, Inc. based on equipment rental basis with a guaranteed
maximum total amount of $4,000.00; and
.- WHEREAS, time is of the essence in accomplishing this
· work; and
~tEREAS, it is the Council's opinion that such action would
be in the best interest of the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That said contract for clearing, moving and resetting trees
be awarded to the low bidder, Hardrives, Inc., with a guaranteed
maximum cost of $4,000.00.
PASSED AND ADOPTED in regular session on this the 14th day
of May, 1973.
MAYOR
ATTEST:
City Cie
100D
ORDINANCE NO. 9-73.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
ENACTING A NEW ORDINANCE PERTAINING TO THE REMOVAL
OF CERTAIN TREES ON DESIGNATED PARCELS OF REAL
PROPERTY WI~TIiN 1/-IE CITY OF DELP~AY BEACH; SETTING
FOR~! THE PROPERTIES TO WTIICH THE TEPJ4S AL~
PROVISIONS OF THIS ORDINANCE SHALL APPLY AND THE
REQUIRE~.LENTS A_N~D PROCEDURES FOR OBTAINING A PERL
MIT FOR REMOVAL OF TREES ON. SAID PROPERTIES;
PROVIDING FOR TI-~ RELOCATION OR REPLACEMENT OF
TREES WIIERE CONSTRUCTION NECESSITATES THEIR RE-
MOVAL; SETTING FO'RTH CEP. TAIN PRECAUTIONARY PROCE-
D~JRES FOR PROTECTING A!~D PRESERVING TREES ON
PROPERTIES DURING CONSTRUCTION OF IL~PROVEMENTS
T~[EREON; SPECIFICALLY Ek~MPTING CERTAIN SPECIES
OF TREES FRO)'~ T~IE TEPJ~S Ak~D PROVISIONS OF THIS
ORDINANCE; PROVIDING FOR THE APPEAL OF THE DECISION
OF THE CHIEF BUILDING OFFICIAL TO Tt~ BOARD OF
ADJUST~,~ENT CONCERNING THE ENFORCEMENT AND INTERPRE-
TATION OF THE TEPd~S A_~rO PROVISIONS OF THIS ORDIN-
ANCE; PROVIDING A PE~[ALTY FOR FAILURE TO COMPLY
HEREWITH; PROVIDIi~TG FOR REPEAL OF ORDI~ANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE
EXTENT OF SUCH CONFLICT; PROVIDING FOR THE
SEPARABILITY OF ~E PROVISIONS HEREOF.
WHEREAS, trees provide a setting with a variety of color unsur-
passed in shade and hue; and
W~EREAS, trees'are an invaluable psychological counterpoint to
the man-made urban setting; and
WHEREAS, trees give shade and cool the land; and
WHEREAS, trees absorb a high per cent of carbon dioxide and return
oxygen, a vital ingredient to life; and
WHEREAS, trees are a valuable property asset that can affect an
area economically; and
W/{EREAS, removal of trees impairs benefits to existing property
owners in the surrounding area and impairs economic stability and the
value of improved and unimproved real property; and
WHEREAS, removal of trees causes increased surface drainage and
soil erosion, causing increased municipal costs; and
I~HEREAS, a shade tree ordinance is hereby promulgated for the
purpose of promoting community welfare through regulating removal and
destruction of trees prior to, during construction and during occu-
pancy;
'!OW, ~{EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. Definitions. Tree is defined as any self-supporting
woody plant of a species ~]ich normally grows to an overall height of
,. 100E
a minimum of fifteen feet (15') in the City of Delray Beach.
Section 2. The terms and provisions of this ordinance shall apply
to all real property presently situated in or subsequently annexed into
the corporate limits of the city of Delray Beach.
Section 3. Removal of trees - .-. Permit required.
(1) It shall be unlawful for any person, without first obtaining
a permit to do so as herein provided, to remove or cause to be removed
or effectively remove through d~n~aging any tree wi~h a trunk diameter
of four inches (4") or more, said diameter being measured four and one-
half feet (4 1/2') above grade.
(2) It shall be unlawful for any licensed tree surgeon or ser-
vice company or general contractor to remove within the City of Delray
Beach any tree-covered by the terms and provisions of this chapter
without first having in its possession a proper permit authorizing the
removal of said tree. Upon the third violation of the terms and pro-
visions of this chapter by any licensed tree surgeon or service company
or general contractor the City Council may; after investigation by the
Chief Building Official and recommendation by the City Manager, revoke
or suspend the City occupational license of said tree surgeon or ser-
vice company or general contractor.
(3) In the event that any tree shall be determined to be hazard-
ous or in a condition so as to endanger the public health or safety,
and requires'removal without delay, verbal authorization may be given
by the Chief Building Official and the tree removed without obtaining
a w£itten permit as hereinbefore required. Such authorization shall be
followed up with 'issuance of a permit as verbally authorized within
twenty-four (24) hours.
Section 4. Any person wishing to obtain a permit to remove sUch
a tree shall file an appropriate application with the Building and
Inspection Department of the City of Delray Beach. Said application
shall include a site plan which shows the following:
(1) Location of proposed driveways and other planned areas or
structures on said site.
(2) All trees four inches (4") or over in trunk diameter measured
four and one-half feet (4 1/2') above grade and identified as to type,
trunk diameter and species.
(3) Designation of all diseased trees and any trees endangering
any roadway and pavement and trees endangering utility service lines.
(4) Designation of any trees to be removed and designation of
trees to be retained.
(5) Any proposed grade changes which might adversely affect or
endanger any trees on said site with specifications on how to maintain
the trees.
qection 5. After filing, said application shall be field checked
by tho Building and Inspection Department. No permit shall be issued
for tree removal unless one of the following conditions exists:
(1) The tree is located in the buildable area or yard area where
a structure or improvements are to be placed and it unreasonably restrict.~
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the permitted use of the property.
(2) The tree cannot be relocated on or off the site because of
age, type or size.
(3) The tree is diseased, injured, in danger of falling, too
close to existing or proposed structures; it interferes with utility
services or creates unsafe vision clearance.
(4) It is in the interest of the general public that the tree be
removed for a reason other than set forth in this section.
Section 6. Removal of trees - - Relocation or replacement. As
a condition to the granting of a permit, the applicant may be required
to relocate the tree being removed or required to replace it with a
tree somewhere within the site of a type that will attain normally an
overall minimum height of fifteen feet (15') and shall be'a minimum of
eight feet (8') in height ~nen planted, if available. Replacement
will not be required where the tree is being removed because of disease,
or interference with existing roadways, driveways, sidewalks and struc-
tures, septic tank drain fields, sewer lines or development of Commer-
cial Property which does not leave room for replacement.
Section 7. It shall be unlawful for any person in the construc-
tion of any structures or other improvements to place material, machin-
ery or temporary soil deposits within six feet (6') of any tree having
a four inch (4") or greater trunk diame.ter measured three feet (3')
above grade level and during construction the builder shall be required
to erect suitable protective barriers around all such trees to be
preserved. Also during construction no attachments or wires other than
protective guy wires shall be attached to any of said trees.
Section 8. Specifically exempt from the terms and provisions of
this ordinance are trees on the property of single family homes, on the
property of licensed tree nurseries, and on the easements of public
utilities and the following species of trees:
(1) Schinus Terebinthinfolius (Brazilian Pepper Tree, Florida
Holly),
(2) Metopium Toxiferum (Poison Wood).
(3) Melaleuca Leucadendron (Melaleuca).
Section 9. Any person adversely affected by a decision of the
Chief Building Official in the enforcement or interpretation of any of
the terms or pro¥isions of this ordinance may appeal such decision to
the Board of Adjustment in the same manner as other appeals.
Section 10. Any person, organization, society, association or
corporation, or any agent or representative thereof, who shall violate
the provisions of this ordinance shall be subject, upon conviction, to
a fine not exceeding~the sum of Five Hundred Dollars ($500.00), or.
imprisonment in the City Jail for not exceeding sixty (60) days, or by
both such fine and imprisonment.
Section 11. All ordinances or parts of ordinances in conflict
herewith are to the extent of such conflict hereby repealed.
Section 12. Should any part or provision of this ordinance be
declared by a court of competent jurisdiction to be invalid, the same
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shall not affect the validity of the ordinance as a whole, or any part
thereof other than the part declared to be invalid.
PASSED A~ ADOPTED in regular session on the second and final
reading on the 14th day of May , '1973.
City Clerk.//
First Reading: April 24, 1973.
Second Reading: May 14, 1973.
__Ord. 1,,'o. 9-73.
South Fedoral iIiuiuvaY
O]~)II{ANCE NO. 10-73.
OF DELRLY /LEACH CERTAIN ~iI.!DS LOCATED IN LOT
11, SECTION 21, TOWNSItiP 46 SOUTII, F3~fGE 43
EAST, WHICtl !2%i'~S ARE CONTIGUOUS TO EXISTI~G
MUNICIPAL LIMITS OF SAiD CITE'; RLDEi. INI.~G TIlE
BOUk-DARiES OF SAID Ci~ TO INCLUDE SAID
" PROV~IifG FOR TIIE RIGitTS AND OBLIGATIONS OF
SAID L/'/~S; A!{D PROVIDi[fG FOR THE ZONING
~-tEREOF.
W~DEREAS, DOUBLE "D" LAND DEVELOPME}~T CORPOPJ~TION is the fee
simple o%mer of tiie lands hereinafter described; and
%?I~REAS, E. GE]~E ,.,w~'~nm~, Agent for DOUBLE "D" LA~ DEVELOPMEIqT
CO~x.~DOl~.._O~,,"~'='%' :,~ by his petition has consented, and given permission for
the emnexa'tion of said l~mds by the City of Delray Beach; and
~'~REAS, the City of Delray Beach has heretofore been authorized
to anne:-: lands in accordance with Section 185.1 of the City Charter of
said City granted to it by the State of Florida; ~d
W~REAS, the annexation of these l~ds, hereinafter described,
in %]~e Ri,l-20 Multiple Family Dwelling District has been recommended by
the Planning ~d Zoning Board'in action taken at its meeting held on
April 10, 1973,
1'~" TH[EP, EFOP~, BE IT 0.~ ..... D BY T~ CITY CO~qC~L OF ~ CITY
OF DELEiE~Y BEJ!C!t, FLORIDA, ~S FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach,
Palm Beach County, Florida, hereby ~nexcs to said City the following
described tracts of land located in Palm Beach County, Florida, which
lie contiguous to said City, to-wit:
PARCEL 1. A parcel of land in Section 21, Tov~ship
46 South, Range 43 East, Palm Beach County, Florida,
more particularly described as follow-s:
Beginning at tile Southeast corner of Lot 7, Block
1, of Model Land Comp~iy's Subdivision of West
half of said Section 21, according to the plat
thereof recorded in Plat Book 1, p&9'e 128 of the
Public Records of Palm Beact~ County, Florida;
thence Easterly, in Lot 11, Block 1 of said sub-
division and along the Easterly extension of the
South line of said Lot 7, a distance of 82.62
feet to the Poiht of Beginning and the ~ou~Jiwesc
corner of the parcel of land herein described:
thence continue along the s~le course .Easterly
a distance of 250 feet; thence Northerly, p~r-
allel to the East line of said Lot 7, it being
also the West line of said Lot 11, a d. istance
of 331.27 fcet, more Jr less, to a point in the
Easterly extension of the North line of the
South half of said Lot 7; thence Westerly, along
said Easterly- extensien, a dist~lnce of 250 feet;
thence Southerly, parallel to the East llne of
said Lot 7, a dJ.J
~.aaco of 3.31.]. feet, more or
]ess, to the Po[r:t of ]]c~g[nni]~,~. I.e.~s the South
20 feet there:of: resc:rv~d for road put
PARCEL 2. A parcel o£ land in Section 21~ Tovmzhip
46 South, Rankle 43 East~ Palm ]~]cach County, Florida,
more particularly described as ~ollov~s:
Beginning at the Southeast corner of Lot 7, Block .'
1, of ~qodel Land Company's Subdivision of West half
of said Section 21, according to the plat thereof
recorded in Plat Book 1, page 128, public records
of Palm Beach County, Florida; thence Easterly, in
Lot 11, Block 1, of said subdivision and along the
Easterly e>[tension of the South line of said Lot 7,
a distance of 332.62 feet to the point of beginning
and the Southwest corner of the parcel of land
herein described: thence continue along the same
course Easterly, a distance of 239.98 feet, more or
less, to a point in the East line of said Lot 11,
as shov.m on said plat; thence Northerly along the
East line of said Lot 11, a distan]ce of 331.54 feet,
more or less, to a point in the Easterly extension
of the L~orth line of the South half of said Lot 7;
thence Westerly, along said Easterly extension, a
distance of 239.98 feet; thence Southerly parallel
to the West line of Lot 11, a distance of 331.27
feet, more or less, to the Point of Beginning.
Less the South 20 feet thereof reserved for road
purposes. Approximately 3.7 acres.
SECTION 2. That the boundaries of the City of Delray Beach,
F1. Qrida, are..hereby redefined s° as to include therein the above des-
cribed tracts of land, and said lands are hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
SECTiO_N 3. That the l~ds herein above described are hereby
declared to be in Zoning District R~.i-20 as defined by existing ordin-
ances of the City of-'Delray Deach, Florida.
SECTION 4. That the l~nds herein~oove described shall immediately
become subject bo all of the franchises, privileges, immunities, debts,
obligaticns, limbilities, ordinances ~a~d laws to which lands in the
City of Delray Beach are nov; or may be, and persons residing thereon
shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if ~ny 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 in regular session on the second onud final reading on
the 14th day of May , 1973.
ATTEST:
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