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09-10-73 145 SEPTEMBER 10, 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, Septe~Tuber !0, 1973, with Mayor James H. Scheifley presiding, City Manager j. Eldon Mariott, City Attorney G. Robert Fellows, 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. Arlington Wheeler of the First Baptist Church of Delray Beach. 2. The Pledge of Allegiance to the Flag of the United States of America was given. The minutes of the regular Council meeting of August 27, 1973 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Saunders. 4.a. Mr. Youngblood stated that Mrs. Isaac Williams of 14 S.W. 12'th Avenue, Delray Beach, has asked the Council to look into the condition of an old, abandoned house located at 20 S.W. 12th Avenue. She stated lewd actions are taking place in the house which has been condemned by the City and should be demolished. The City Manager stated he would investigate the matter. 4.b. Mayor Scheifley read a Proclamation proclaiming the week of September 23 +~br~ugb 30~ !973 as P~m~ly Uni~y Week~ The Pr~c]ama~J. on will ]De presented to a member of the Church of Jesus Christ of Lanter Day Saints. 6.a. The City Manager informed Council that Villas Delray Associates~ Inc. desire to enter into a contract with the City for the installation of a pumping station and a short length force main reserved for develop- ments in the Southwest section of the city on a tract of land located on the south side of S.W. 10th Street, lying between the E-4 and E-3~l canals. The City Manager further stated Villas Delray Associates, Inc. have requested that their firm be permitted to pay the initial costs for this sewage project, the estimated cost being $45,000. Reimburse- ment will be made to this firm at a later date by other developers as the balance of the land in the subject location is developed. ~is installation will involve no outlay of money as far as the City is con- cerned. The City Manager recommended authorization of execution of the contract. Mr. Weekes moved that the proper authorities be authorized on behalf of the City to enter into this agreement between the City of Delray Beach and Villas Delray Associates, Inc. in accordance with the agreement accompanying the Agenda. The motion was seconded by Mrs. Krivos and passed unanimously. (A copy of this agreement is attached to the official copy of these minutes.) 6.b. The City Manager stated bids have been received by the City for the installation of monuments to be located on the beach erosion contro± line of the City's recently completed beach restoration project. The bidders are as follows: BIDDER BIDS Carter Construction Company $ 9,900.00 G. W. Martin Seawall 13,580.00 Webb's General Contracting, Inc. 17,445.00 Hancock Marine Construction Co. 21,750.00 It is recommended the bid be awarded to the low bidder, Carter Construction Company, in the amount of $9,900.00. There will be a total of 15 concrete monuments installed, approximately 1,000 feet apart. The installation of this monumentation is required by the Federal Government as one of the many requirements for Federal Grant Funds. The City Manager stated the money for the project would come from the Beach Restoration Fund. Mr. Saunders moved the contract be awarded to the low bidder, Carter Construction Company, in the amount of $9,900.00, seconded by Mr. Youngblood and passed unanimously. The City Manager reported that up to the present time, no change orders have been handled in connection with the Southwest Drainage Project under contract with the Clayton Construction Company and they have accumulated to eight in number. It is recommended author- ization be granted for approval of the change orders. The total cost for the addition of the eight change orders will be $33,287.74 which would increase the original contract from $979,462.50 to a total contract price as of this date of $1,012,750.24. The City Manager stated the additional money would come from the Southwest Drainage Project Fund which is made up of money from two sources: 1 - a general obligation bond issue; and 2 - the $386,000 Federal Grant. There is ample money in the account for pa~nent of tile additional costs of the change orders. Mrs. Krivos asked the status of the project. City Manager Mariott stated the project was almost completed and was one of the few City projects proposed to be finished ahead o.f the scheduled completion date of October 31, 1973. Mr. Youngbiood moved for approval of Change Orders 1 through 8 as outlined by the City Manager, seconded by Mr. Saunders and passed unanimously. 6.d. City Manager Mariott reported a list containing two properties in violation of the City's Nuisance Laws has been provided City Council and it is recommended that authorization be given the City Clerk to comply in accordance with City laws. Mrs. Krivos moved the City comply with Chapter 15 of the Code of Ordinances, seconded by Mr. Youngblood and passed unanimously. 7.a____._ The City Manager presented a request from James N. Farmer for a Gratis License to operate a L~wn Maintenance service. Mr. Farmer provided the City with satisfactory evidence concerning eligibility for a Gratis License and approval is recommended. Mr. Saunders~so moved, seconded by Mr. Youngblood and passed unanimously. 8.a. The City Manager presented Resolution No. 40-73. A RESOLUTION ~KING APPROPRiaTIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF Th~ CITY OF DELRAY BEACH, FLORIDA, ]~O.R THE PERI~.D FROM THE 1ST DAY OF OCTOBER, 1.9'73, TO ~HE 30TH DAY OF SEPTE[v~ER, 1974; TO PRESCRIBE THE TERMS, CO~ITiONS AND PROVISIONS WITH RESPECT TO [FHE ITEMS OF APPROPRIATIONS AND THEIR -2- 9-10-73 PAYMENT; AND TO REPEAL ALL RESOLUTIONS W}IOLLY IN CONFLICT WITH %/-lIS RESOLUTION, A_NqD ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY; AND TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELP~Y BEACH FOR MAINTENANCE AND OPERATION, AhTD TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Res'olution No. 40-73 is attached to the official copy of these minutes.) City Manager Mariott prefaced the Public Hearing on the Budget and the Tax Rate with general discussion on the formation of the budget by Council and City Administration. He stated the appropriations for the fiscal year 1973-74, including both General Fund and Utility Fund. appropriations, total $8,979,760 before and $8,291,760 after inter- budget transfers. This represents an increase in the General Fund of $859,670 over this year's estimated expenses, the primary reasons for the increase being continued inflation, growth of the City, compensa- tion increases, 47 new employees in the General Fund, Cemetery expan- sion and Traffic signalization. The City Manager explained the general breakdown of the departmental increases. He then reported that for the tax rate, a recommendation for a total of 9~6 mills (7.94 mills for operational expenses and 1.66 mills for general obligation bond issue, debt service retirement, interest and other expenses) is made. This represents a proposed millage cut of 2.2 mills below the current tax rate. This is made possible by the increased tax roll as reported by the County Tax Assessor's Office. ~e city Manager reported the City is operating under a new State law this year insofar as the se~ting of a tax rate is concerned. He further reported the City had been notified by letter dated July 6, 1973 from the County Tax Assessor's Office the County Tax Assessor's certification of 8.910 mills for the fiscal year 1973-74 as being the millage that would raise the total Ad Valorum tax revenue for the City of Delray Beach equivalent to what would have been raised under the old tax rate and old assessments. Since that time, the City has been notified by letter dated August 28, 1973 of a revised statement from the County Tax Assessor's Office which lowered the certified millage to 8.836 mills. The proposed millage and the millage upon which the budget is based is 9.6 mills. It is felt that even though the County Tax Assessor's Office lowered the millage between July 6 and August 28, the City will still be able to balance the budget without raising the millage from 9.6 mills, a cut of 2.2 mills from last year. 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, with the following persons commenting on the Resolution: Mr. Harry Patton, Tropic Harbor Association Tax Commission; Mr. Ernest Scheir, Deiray Beach; Mr. J. Watson Dunbar, Delray Beach; and Mr. Joseph G. Stampfli, Tropic Harbor. Mr. Harry Patton sFnke representing the Tropic Harbor Associa- tion concerning various aspects of the proposed budget with which the Association disagreed. Mr. Patton prefaced his remarks by stating his figures might not be totally aucurate because he had obtained them -3- 9-10-73 148 from newspaper articles, since he understood no copy of the budget was available to the public. He generally directed his complaints toward the increase of the budget versus the increase of the City's population, the sewer and water increases, the tax increases, the increases in employees of the City, the proposed recreation program, use of Federal Revenue Funds, the utilization of the employees of the Police and' Fire Departments, and other? aspects of the budget itself. Mr. Ernest Scheir spoke concerning the General Fund and questioned the miscellaneous amounts and the reserve amount in the fund. He also questioned the total amount designated for libraries. Mr. J. Watson Dunbar complained about the lack of improved conditions despite the increase in taxes. He specifically spoke con- cerning the condition at and in the area of the Pavilion on the beach. Mayor Scheifley responded briefly to Mr. Patton's complaints. He stated the budget must increase every year due to the growth of the City even if the tax rate remains the same. He also stated the budget was indeed open to the public, and the nightly workshops held for one week had been advertised as being open to the public although no one attended. Mayor Scheif!ey continued by saying the water and sewer rates had increased 80% because of the need for a sewage treatment plant. He informed Mr. Patton the garbage and trash rates were slightly higher because of the service provided in Delray that is not available in neighboring cities. He stated that the millage comparison made by Mr. Patton was very unfair since he had failed to consider the tax base, %he population, and ho~estead exemptions. He corrected Mr. Patton's statement that the taxes increase every year since they were reduced last vear. Mayor ScheJ. fley discussed several other asDects of Mr. Pat~on~'s comments and summarized by stating he felt the budget of DeLray Beach would increase every year the City exists until it reaches the saturation point of population. The Council continued, to discuss the points brought up by the speakers from the floor, including the progress expected on the sewer treatment plant. Considerable discussion ensued concerning other aspects of the City's proposed budget and the reasons for various sections of the budget, i.e., the Contingency Fund, the library, etc. Mayor Scheifley and the City Manager explained to Mr. Stampfli tha~ the City was losing a small amount of money on the difference between the interest and charges on the bonds for the sewer project. The Public Hearing on %he Budget was closed. A Public Hearing was held on the millage rate, having been legally advertised in comp!iamce with the laws of the State of Florida. Mayor Scheifley stated the millage rate under consideration was 9.6 mills made up of 7.94 mills for operational expenses and 1.66 mills for debt service. This represents a reduction of 2.2 mills over last year's rate of 11.8 mills. There were no comments or objections on the millage rate. The Public }{earing on the millage rate was closed. Mr. Weekes moved for the adoption of Resolutio~ No. 40-73, seconded by Mr. Saunders and passed unanimously. -4- 9-10-73 8.b. The City Manager presented Resolution No. 41-73. A RESOLUTION OF R~{E CIT~ COUNCIL OF THE CITY OF DELP~AY BEACH, FLORIDA, REGARDING THE PUR- CHASE OF COM=MUNICATIONS EQUIPMENT FOR LAW ENFORCEF~NT PURPOSES. (Copy of Resolution No. 41-73 is attached to the official copy of these minutes.) The City Manager stated it is recommended that Council author- ize by motion the submission of an application for Law Enforcement Assistance Administration (LEAA) funds in an amount of $5,513 which funds, if received, would be used together with City funds in the amount of $1,837 to purchase $7,350 worth of communications equipment for the Police Department. This request would be submitted under the auspices of the Governor's Criminal Justice Program. Mrs. Krivos moved for the passage of Resolution No. 4].-73, seconded by Mr. Saunders and passed unanimously. 8.c. The City Msnager presented Ordinance No. 24-73. AN ORDINANCE OF THE CI~~ COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~N~KIEXING TO TILE CITY OF DELPG~Y BEACH CERTAIN LAL!DS LYI~'G IN SECTION 28, TOWNSHIP 46 SOUTH, RA~NGE 43 EAST, K~tICH LA,h/DS .ARE CONTIGUOUS TO EXISTING MUIq!C!PAL LIMITS OF SAID CI~.~f; REDEFINING T}IE BOUNDARIES OF SAID CITY TO INCLUDE SAID LA~qDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PRO- VIDING FOR THE ZONING THEREOF. (Copy of ordinance No. 24-73 is attached to the official copy of these minutes.) A sketch was shown to Council showing the location of 3.32 acres of land in Section 28-46-43 located between South A1A and the Intracoastal Waterway at 2050 South A1A, subject to RM-15 zoning in the annexation request of Mr. John Spinner. 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 said Ordi- nance, Ordinance No. 24-73 was unanimously passed on second and final reading on motion by Mr. Saunders and seconded by Mr. Youngblood. 8od. The City Manager presented Ordinance No. 25-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB- SECTIONS 29-5 (C) (7) AND 29-5.1 (C) (8) BY DELETING DOCTOR'S OFFICE AND SUBSTITUTING PROFESSIONAL OFFICES THEREFOR. The City Manager stated this Ordinance replaces the term "Doctor's Offices" in the Zoni..g Ordinance with the new term "Profession- al Offices" with several professional, office uses set forth. The Planning and Zoning Board voted 5 to 1 that this Ordinance be passed. Mr. Saunders moved that Ordinance No. 25-73 be placed on first reading, seconded by Mr. Youngblood and passed unanimously. -5- 9-10-73 150 8.e. The City Manager presented Ordinance No. 26-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CI%~f'S CODE OF ORDINANCES BY ADDING SUBSECTION 29-6.2 (B) (27) EXTERMINATOR SERVICE OFFICE AS A PERMITTED USE IN THE SPECIALIZED COMMERCIAL DISTRICT (SC) AND ADDING SUBSECTIONS 29-6.2 (C) (8) AND 29-7 (G) (10) FUNERAL HO~ES AS A CONDITIONAL USE IN THE SPECIALIZED COMP~RCIAL DISTRICT (SC) AND LIMITED CO~4ERCIAL DISTRICT (C-l). City Manager Mariott stated this Ordinance has been approved by the Planning and Zoning Board and adds exterminator service and funeral homes classifications to the SC Zoning District, and funeral homes in the C-1 zone. Mr. Youngblood moved that Ordinance No. 26-73 be placed on first reading, seconded by Mrs. Krivos and passed unani- mously. 8.f~ The City Manager presented Ordinance No. 27-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS A~NDED, FURTHER A~NDING CHAPTER 29 "ZONING" BY ADDING A ~'~EW ZONING DISTRICT TO BE KNOWN AS CENTRAL BUSINESS DISTRICT (CBD) AND PRE- SCRIBING THE USES PERMITTED THEREIN; ~/qD AMENDING SECTION 29-2 "DISTRICT AND BOUN~DAR!ES'' TO INCLUDE THE NEW CBD DIST~ICT~ REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROViDiNG A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. The City Manager reported this Ordinance would establish a new zoning district to be kno%a~ as the "Central Business District" originally proposed by the Do%~atown Development Authority. The Ordi- nance has been recommended by both the Downtown Development Authority and the Planning and Zoning Board. Mr. Saunders moved that Ordinance No. 27-73 be placed on first reading, seconded by Mr. Youngblood and passed unanimously. 8.g. The City Manager presented Ordinance No. 28-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AME~DING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES AS AMENDED BY AMENDING SUBSECTION 29-1 (17) BY REDEFINING "DENSITY". City Manager Mariott stated this Ordinance covering a redefi- nition of "density" was unanimously approved by the Planning and Zoning Board. It will redefine density as the ratio of the number of dwelling units in relation to the area included within the property lines in multi-family zoning districts instead of allowing street rights- of-way to be used in computing density. Mrs. Krivos moved that Ordi- nance No. 28-73 be placed on first reading, seconded by Mr. Youngblood and passed unanimously. Mr. Weekes requested the record show that he has s~me reservations concerning the change ~and will determine prior to the second and final reading his final vote. -6- 9-10-73 151 9.a. City Manager Mariott reported the Planning and Zoning Board has recommended approval of a site plan submitted by Florida Power and Light Company for an electric distribution substation located on S.W. 10th Street at 1-95, being the South 400 feet of the North 400 feet of the West 400 feet of Lot 21, Section 20-46-43. Mr. Saunders moved the site plan be approved, seconded by Mr. Weekes and passed unanimous ly. 9.b. The City Manager reported the Planning and Zoning Board voted unanimously to approve the site plan submitted by Aronomink Corporation for multiple dwelling development at the S.W. corner of Lowson Boule- vard and South Congress Avenue, being approximately 26 acres located in the Southeast quarter of Section 19-46-43 bound on the North by Lowson Boulevard, on the East by Congress Avenue, on the south by Delray Beach ttighlands subdivision and on the West by the Lake Worth Drainage District E-4 Canal. The City Manager stated this development would contain 440 dwelling units with the planned dens±ty being- 14.9 units per acre in RM-15 zoning. Mr. Youngblood moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Saunders and passed unanimously. 9.c. The City Manager informed Council the Planning and Zoning Board had approved a site plan submitted by Paul W. Hoffman for a multiple dwelling development containing 518 units under RM-20 zoning with 17.5 units per acre. The land is located on South Federal Highway (Tropicana Golf Course), being approximately 25 acres in the Southwest quarter of Section 21-46-43 bound on the West by U.S. Highway No. 1, on the South by Linton Boulevard and on the East by the Intracoastal Waterway. Mrs. Krivos moved to sustain the recon~endation of the Planning and Zoning Board. s~conded by Mr. Weekes ~ passed ..... ~,~ ,~o 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Saunders and seconded by Mr. Youngblood. General Fund ........................... $ 316,995.48 Water and Sewer Fund ................... 109,822.90 Utility Tax Fund ....................... 162,855.00 Refundable Deposits Fun~ ............... 4,722.50 Citizens Contribution Fund ............. 200.00 Improvement Trust Fund ................. 233,272.64 Beach Restoration Fund ................. 10,033.56 Lowson Blvd. W&S Project Fund .......... 1,424.99 10.b.1. The City Manager reported the County Bridge Department has informed the City the Atlantic Avenue Bridge will be subjected to limited use during a 30 day repair period. It will be operable approxi- mately 50% of this period. The bridge should be operable sufficiently to accommodate traffic during the period repairs are in progress. 10.b.2. City Manager Mariott stated Council action was called for in connection with paving N.W. 1st Street between N.W. 18th Avenue and Congress Avenue. A sketch was projected showing the location of the proposed improvements. This proposed paving will be discussed by the County Commission on ~he llth of Septenfber which meeting Mr. Mariott stated he would attend. The estimated cost of the entire improvement is $9,275; the proration of the cost between the City and the County would require the Ciuy to pay $6,625 and the County to pay -7- 9-10-73 152 $2,650. The County has not yet agreed to participate in the project. The City Manager stated it was strongly recommended approval be granted for the project. Mr. Saunders questioned why the landowners would not be assessed for the project. The City Manager replied some years ago when the r~ghts-of-way were deeded to the City, it was with the proviso that at such time the street was ~o be paved or improved, the original owners would not be subject to special assessment. Discussion ensued concerning the proration and it was established the City would pay for the portion adjacent to the City property and the County would pay for the portion adjacent to County property. Mr. Saunders moved for approval of the project subject to participation by the County, seconded by Mr. Youngblood. Mrs. Krivos questioned whether or not the provision for non-assessment had been included in the right-of-way deeds provided the City. The City Manager stated the City Engineer had informed him it was. Further discussion resulted in an addition to the motion that a further search be made to positively determine that the donors of the rights-of-way would not participate in the cost of the street improve- ment. The motion was passed unanimously. 10.b.3. The City Manager stated he had inquired of Commissioner George Warren by letter dated August 29, 1973 whether or not the County Commission would, be agreeable to using funds from its Beach Acquisition Funds to acquire property on A1A for parking purposes due to the much increased need for parking space. The County Commission is supposed to consider this item at its September 11, 1973 meeting. The City Manager stated he wished to ascertain whether or not the Council would be agreeable to accepting the property if the County purchased same. The Council unanimously expressed their approval should the County agree to the project. 10.b.4. Mrs. Krivos asked how the Vanguard Project was progressing. The Council was not aware of their progress, but requested that a representative from Vanguard be asked to attend the next Council meet- ing or a workshop meeting to report on their activities. 10.b.5. Mr. Weekes reported, on the Seminar for Federal Grant Funds for Sewage Programs. The workshop was sponsored by Senator Lawton Childs specifically for the purpose of trying to overcome the problems being encountered with EPA and the Area Planning Board. Also discussed was the problem of obtaining funds from the Federal Grant Funds. He reported the City of Delray Beach has dropped from 8th on the priority list to 24th, based on the theory that the larger cities, creating greater pollution, should receive the greater bulk of the money. Mr. Weekes expressed his opinion that the workshop was of very little value and stated he had no idea when the funds would be released by the Federal Government. The meeting was adjourned at 9:10 P.M. City Ci~ 9-10-73 152A AGRE EM ENT 1. PARTIES. The parties tothi~ Agreement are: a. CITY OF DELRA¥ BEACH, a municipal eorporation of Palm Beach County, Florida, hereinafter ealled City; and b. VILLAS DELRAY ;~SOCIATES, INC. ~ hereinafter called Developer° 2 PURPO. E. In consideration of this agreement, the City agrees to extend its sewer obligation to lift station No. 51 in accordance with the Master Plan of providing its sewer service to its inhabitants, as delineated in Exhibit 1 appended hereto and made a part hereof, to the service area therein described as Donner - Oliver - Reed. The Developer agrees to pay for the cost of constructing said force main and lift station upon the terms and conditions set forth in this agreement. 3. COVENANTS OF THE CITY. The City covenants and agrees to a. The City has approved plans and specifications for the subject construction by Russell & Axon, being their Project No. 5964-8h. b. Developer shall proceed with diligence in the construction of the project. Upon completion of the project, City will, after proper inspections and receiving proof that all bills are paid, certify the system for use within the service area, at which time Developer will transfer by Bill of Sale to the City the project, at which time City assumes all operation and maintenance expense after such acceptance. c. City before allowing any other developers in the areas designated as Oliver and Reed on the attached Exhibit 1 to tie in to lift station No. 51 shall first collect $322. 685 per acre .or pro rata fraction of an acre frown said developers· ?uch monies shall be promptly remitted to Developer in payment for the capacity of the lift station No. 51 which exceeds Developer's need; Developerts need being only 24.46% of the capacity for 34 acres. 152B 4. COVENANTS OF DEVELOPER. The Developer agrees to perform the following: a. 'Upon the execution of this Agreement, Developer shall proceed with the construction as required in project No. 5954-8h. b. Upon acceptance by the City, after inspection and proof of payment of all bills, to transfer by Bill of Sale to '[he City all of the elements of Project No. 5964-8h. 5. GENERAL COVENANTS. The parties covenant and agree: a. That the intent of this Agreement is for Developer to advance the cost for project No. 59S4-Shinterest free. That Developer is robe reimbursed for the 75.54% excess capacity of lift station No. 51, which amounts to $33,881.97, which is not needed by Developer at $322.6S5 per acre or pro rata fraction of an acre from the areas designated on Extmibiz 1 as Oliver (70 acres) and Reed (35 acres) before tieing in to Lift Station 51. b. Thai this contract shall, terminate on October 1, 1983, if not sooner, and any balance due Developer after said date shall be considered a donation to City. c. That time is of the essence in the performance of each of the covenants of this agreement. d~ That tiffs agreement is binding on the successors and legal representatives of the parties hereto. e. That this agreement constitutes the entire agreement between the parties and no oral statements heretofore made by either party or their agents shall be a part hereof. f. Thai this agreement may be modified or changed only in writing and signed by the parties hereto. · 6. Et~FECTIVE DATE. This agrecment shall be effective on the da:e that it is approved by City Council, having been approved by Developer prior -2- ~152C to that time. IN WITNESS WHEREOF, the parties set their hands and seals. CITY OF DELRAY B EACIt Att est: B  g~,'L.-~ ~< Da . City Clerk t Witnesses: VILLAS DELRAY ASSOCIA?E~, INC. C" ' "~ ' · : I/Y ; I ! /.. . ~, .~._~..~ ~ ~- ,... ~ '- ~.~. ,./ / ~' , -3- 152D ======================================== 152E RESOLUTION NO. 40-73 A RESOLUTION ~L'II'[ING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELt~Af BEACtt, FLORIDA, FOR TitE PERIOD FROM TIlE 1ST DAY OF OCTOBER, 1973, TO THE 30TIt DAY OF SEPTEMBER, 1974; TO PRESCRIBE TIlE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO ThE ITEMS OF APPROPRIATIONS AND THEIR PAY- -MENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITtt THIS RESOLUTION, AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY; AND TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DEL~LAY BEACH FOR MAINTENANCE AND OPEP~TION, AN~D TO LRVY A TAX FOR THE PAYP~NT OF PRINCIPAL ANHD INTEREST ON BONIDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLEC- TIONS THEREU?×~DER. BE IT RESOLVED by the Council of the City of Delray Beach, Florida: %t]at the following sums of money be, and hereby are appro- priated upon terms, conditions and provisions hereinbefore and here- inafter set forth: AR P. ICLE I GENERAL FUNZO Otb er Capita 1 Estimated E?~Denditures Salaries .Exp.ense s Outlay Total Div. of Gen. Gov't $ 303,135 $ 109,265 $ 12,320 $ 424,720 Div. of Pub. Safety 1,436, 145 257,085 135,700 1,828,930 Div. of Employees Xmas Bonus 24,640 24,640 Libraries 100,955 100,955 Div. of Parks & Recrea. 530,220 197,235 128,675 856, 130 Non-Dept. Division 757, 375 757,375 Debt Service 423,560 423,560 TOTAL ES TI~LATED EXPENDITURES $ 2,808,150 $ 2,251,525 $ 352,100 $ 5,411,775 GE N~ RA L FUA~D Estimated Revenue General Property Taxes 2,491,155 Franchise Taxes 198,300 Licenses, Permits and Fees 267,800 Fines and Forfeitures 73,500 Revenue From Use of Money and Property 46,660 Revenue From Other Agencies 746,070 Charges for Current Services 559,950 Sales and/or Recovery For Loss of City-Owned Property 26,600 Contributions and Transfers From Other Funds 682, 540 Unappropriated Surplus 3].9,200 TOTAL ESTN~U~TED REVENUE $ 5,411,775 ARTICLE II WATER AND SEWER FUND 152F Page 2. Resolution No. 40-73 DEPAk]THE~T OF PUBLIC U~ILI%IES Other 'Capital Estimated Ex;oenditures Salaries Expenses Outlay Total Administration $ 48,335 $ 23,960 $ 21,845 $ 94,140 Water Source 29,200 160,000 189,200 Water Treatment 97,760 53,520 4, 150 155,430 Water Distribution 170,480 96,780 231,750 499,010 Accounting & Collection 71,090 71,090 Sewer System ]'57,455 56,900 104,300 318,655 Non-Dept. Division 953,240 953,240 Debt Service 678, 320 .67~.8,320 TOTAL WATER AXeD SEWER FUND EXPENDITUR~'.o $ 474 030 $ 1,963 010 $ 522 045 $ 2 959,085 WATER ANq) SEWER FIP~-D E~{timated Revenue Revenue From Use of Money and Property $ 83,200 Charges For Current Services 1,925,950 Sales or Recovery For Loss of Property 540 Unappropriated Surplus 949,395 TOTAL ESTI~'i'ATED REVENUE $ 2,959,085 ARTICLE iii CIGARETTE TAX FUND Estimated Exoenditures Transfer To Other Funds 60,000 Debt Service 152,890 N TOTAL ESTI~IA_~D EXPENDITURES $ 212,890 CIGARETTE TAX FUNL9 Estimated Revenue Revenue From Use of Honey and Property 6,000 Revenue From Other Agencies 90,000 Contributions and Transfers From Other Funds 78,000 Unappropriated Surplus ...38,890 TOTAL ESTI}~TED REVIENUE $ 212,890 ARTICLE IV UTILITY TAX FUi.X~D Esnimated Exr_~nd z tu Transfers to Other Funds 350,000 Debt qervice ..46.,010 TOTAL E,.~TI~IED E~PE:~DITURES $ 396,010 152G Page 3. Resolution No. 40-73 UTILITIES TAX FUND Estimated Revenue Utilities Consumption and Service Taxes $ 415,300 Revenue From Use of Money and Property 1,500 Unappropriated Surplus TOTAL ESTI~.9XTED REVENUE $ 396,010 ARTICLE V CONDITIONS RELATING TO APPROPRIATIONS ection 5.1 - Ail monies hereinbefore appropriated are appropriated upon he terms, conditions, and provisions hereinbefore and hereinafter set orth. Section 5.2 - Subject to the.qualifications contained in this resolution all appropriations made out of the Genera]. Fund are declared to be maxi- mum, conditional, and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected end other resources available during the period commencing the 1st day of Oc- tober, 1973, and terminating the 30th day of September, 1974, for which the appropriations are made, are sufficient to pay all the appropriations in full; otherwise the said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund, is to the total amount of revenues estimated by the City Council to be available in the period co~nencing the 1st day of October, ].973 and terminating the 30th day of September, 1974. Section 5.3 - Ail balances of the appropriations payable out of the Gen- eral Fund of the City Treasury unencun~Dercd at the close of business on the 30th day of September, 1973, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year com~nencing the 1st day of October, 1973. Provided, however, nothing in this Section shall be construed to be applicable to unencun~ered balances remaining to the credit of the Water and Sewer Fund, Cigarette Tax Fund or any funds created by qbe setting up o~ spec- ial revenue, but such balances shall be used in finnncing the proposed expenditures of these funds for the fiscal year conm~encing the 1st day of October, 1973. Section 5.4 - No division, department, bureau, agency, or individual re- ceiving appropriations under the provision of this resolution, as out- ned in Articles I through IV, shall exceed the amount of its or his ~ ~ropriation, as outlined in Articles I through IV except with the con- : ~t and approval of the City Council first obtained; and if such divi- sion, department, bureau, agency, or individual shall exceed the amount of its or his appropriation without such consent and approval of the City Council, the administrative officer or individual, in the discre- tion of the City Council, may be deemed guilty of neglect of official duty and may be subject to re-oval therefor. Section 5.5 - Nothing in this resolution shall be construed as authori- zing any reduction to be made in t[~e amounts appropriated in this reso- lution for the payment of interest, on, or retirement of, the debt of the City of Delray Beach, Florida. 152H Page 4. Resolution No. 40-73 Section 5.6 - None of the monies enumerated in this resolution in con- )aection with the General Fund, Water and Sewer Fund, Cigarette Tax Fund or any other Pund of the City Shall be expended for. any purpose than those for which they are appropriated, and it shall be the duty of the Director of Finance to see that this section is compiled with in all respects and report to the City Manager and City Council any violations 'thereof. Section 5.7 - Ail monies collected by any department, bureau, agency or individual of the City Government shall be paid promptly into the City Treasury. Section 5.8 - The foregoing budget be and hereby is adopted as the of- ficial budget of the City of Detrsy Beach for the aforesaid period. Provided, however, that the restrictions with respect to the expendi- tures of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures which have been included in this resolution. ARTICLE VI TAX LET~ Section 6.1 - That there shall be and hereby is appropriated for the Gen- eral Fund operations of the City the revenue derived from the tax of 7.9~ mills per one ($1.00) do].iar of assessed valuation which is hereby levied on all taxable property within the City of Delray Beach for the fiscal year cormmencing October 1, 1973, and terminating September 30, 1974, the assessed va].uation on al! taxable property for operating purposes within 2~c, qSq ~, ~ ...... ~' ~- and/er m-ain- ~]le City of Delray Deach being S , '~enance expenses of -the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources than the tax levy for current bend service and that part of collection of de- linquent taxes levied for bond sekvice. Section 6.2 - That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Deiray Beach, is $445,645, and that there is hereby appropriated for the payment thereof, all revenues derived from the tax levy of 1.66 mills per one ($1.00) dollar of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing ©ctober 1, 1973 and terminating September 30, 1974, upon the taxable pro- perty of the City of Delz'ay Beach, the assessed valuation being $266,959, 828, and there is hereby appropriated, if necessary, from the surplus sin- king fund cash, sufficient monies, which, together with proceeds of said %'.ax levy for debt, will meet the debt requirements for the aforesaid fis- cal year. ARTICLE VII PASSED AND ADOPTED ]Dy the City Council of the City of Delray Beach, Florida, this 10th day of September, 1973. 152I RESOLUTION NO. 41-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REGARDING TtIE PUR- CHASE OF CO~4UNICATIONS EQUIp,VLENT FOR LAW ENFORCE[,'~NT PURPOSES. WHEREAS, the City Council of the City of Delray Beach herein called the "Applicant", after thorough consideration of the prcb!em and available data, has hereby determined that the project described below is in the best interests of the general public: Purchase of communications equipment for law enforcement purposes; and, ~qqEREAS, under' the terms of Public Law 90-351 as ar. ended, the United States of America has authorized the Law Enforcement Assist- ance Administration, through the Florida Governor's Council on Criminal Justice, to make Federal Grants to assist local governments in the improvement of criminal justice; and, WHEREAS, the Applicant has examined and duly considered such Act and the Applic~nt considers it 'to be in the public interest and to its benefit to file an application under said Act and to author- ize other action in connection therewith, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COb~NCiL OF THE OF DEL~LAY BEACH, FLORIDA, AS FOLLO¥~S: 1. That the project generally described above is in the best interests of the Applicant and the general public. 2. That J. Eldon Mariott, City Manager, be hereby authorized to file in behalf of the Applicant an application in the form pre- scribed by the Florida Governor's Council on Criminal Justice in conformity with said Act, for a grant to be made to the Applicant to assist in defraying the cost of the project generally described above. 3. That if such grant be made, the Applicant shall provide or make necessary arrangements to provide such funds and/or in-kind contributions in addition to the grant as may be required by the Act to defray the cost of the project generally described above. 4. That the Applicant is aware that at least forty (40) per- cent of the minimum required non-federal cost of the project be appropriated cash and that such funds designated as local hard cash contributions in all related project budget schedules that are to be provided by the Applicant are hereby, appropriated new funds for Criminal Justice use for the express purpose of matching the LEAA funds. 5. That said J. Eldon Mariott, City Manager, is hereby author- ized to furnish such information and take such othez action as may be necessary to enable the Applicant to qualify for said grant. 152J 6. That 'the Official designated in the preceding paragraph is hereby designated as the authorized representative of the Appli- cant for the purpose of furnishing to the Florida Governor's Council on Criminal Justice such information, data and documents pertaining to the application for said grant as may be required and otherwise to act as the authorized representative of the Applicant in connection with this application. 7. That certified copies of this resolutJ, on be included as part of the application for said grant to be submitted to the Florida Governor's Council on Criminal Justice. 8. That if such grant be made, the Applicant or Official designated in paragraph 4 above shall maintain such records necessary and furnish such information, data and documents as required by the Florida Governor's Council on Criminal Justice to support the imple- mentation of the project generally described above. 9. That this resolution shall take effect immediately upon its adoption. PASSED ARQ ADOPTED IN REGULAR SESSION ON THIS Tt~ 10TH DAY OF SEPTE~2~ER, ].973. ATTEST: City -2- Res. No. 41-73. l~2K ORDINANCE NO. 24-73. AN OPdDINANCE OF T[~ CITY COUNCIL OF THE CIT%~ OF DELRAY BEACH, FI. ORIDA, ANNEXING TO TIPS CI~I~ OF DELRAY BEACll CERTAIN ]2ANDS LYING IN SECTION 28, TONNSii!P 46 SOU%T!, PJ~N(~E 4.3~o~c'~'~, Wt-I!CH IA}~S ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAD Ci~!; REDEFINING 'P[-K~ DOL~DARIES OF SAID CI~ 5e iNCLinE SAID LA}NOS; PROV~!NG FOR T[~ RIGHTS A}:~ OJL!GATiONS OF SAI~ L&~S; A~ PRO- VIDING FOR Ti~ ZONING ~EREOF. I~tEREAS, Delray 2100 Corporation, a Florida Corporation, is the fee simple owner of the ]_and hercJ.naftcr described; and, Wf{EREAS, John W. Spinner, duly authorized agent, in behalf of De!ray 2100 CorporatioN., has petii~ioned and given pern'~ission for the annexation of said lands b!, the City ef Delray Beach; and, I9t-IEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; and, hq{EREAS, the anqnexation of these lands hereinafter described, in the Pd~.i-15 Multiple Fe. mi!y Residential District, has been recommended by the Planning and Zoning Board in action taken at its meeting hel'd on August 14, 1973,. NOW, THEREFOPdl, BE IT OPJDAINED BY TPiE CITY COUiqCIL OF _~rIE CiTY OF DELPL~.Y BEACH, FLOR~A, AS FOLLONS: Section 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described lands located in Section 28, To%~ship 46 South, Range 43 East, Palm Beach County, Florida, which lie contiguous to said City, to-wit: A].i that part of Government Lots 1 and 3 in Section 28, Township 46 South, Range 43 East, being bounded on the East · by the West right-of-way line of Florida State Road A-l-A; on the West by the East right-of-way line of the Intra- coastal WatezR.~ay; on the North by the North line of the South 1,t00 feet, measured at right angles of said Govern- ment Lots, and; on the South by the North line of the South 800 feet of said Government Lots. All lying and being in Palm Beach County, Florida, containing 3.32 acres. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above des- cribed lands, and said lands are hereby declared to be Within the corporate limmts of the City of Delray Beach, Florida. Section 3. That the lands hereinbefore described are hereby declare~, to ]se subject to RM-15 zoning, as defined by e~isting ordi- nances of the City of Delray Beach, Florida. 152L Seniti. on ~. 'i'hat tile lands hereinbefore described shall immn- dia[~ely bcco~:~e su]}jeck to all of the franchises, privileges, debts, ebligahions, ].iabilities, ordinances and lnws to which lands in the City of Delray 13each are now or may be, and persons residJ.ng -thereon shall be deemed citizens of the City of Delray Beach. Sention 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 in reg~.~!ar session on the second and final reading on --' the 10th day ofSeptember , 1973. Second Rea~ding: SEPT° I0, 1973 Ord. 2,l-73.