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12-10-73 207 DECEMBER 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., Monday, December 10, 1973, with Mayor James H. Scheifley presiding, City Manager J. Eldon Mariott, city Attorney G. Robert Fellows and Council members Grace S. Krivos, Leon M. Weekes and O. F. Youngblood present. Mr. J. L. Saunders was absent. 1. The opening prayer was delivered by the Rev. ArthUr Spruill of St. Paul's Episcopal 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 coun'cil meeting of November 26, 1973, and the special Council meeting of December 5, 1973, were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Weeke s. 4.a. Mrs. Krivos cited several examples of drag racing on North Swinton Avenue between N.E. 22nd Street and Mission Hill Boulevard. She requested the matter be checked into to prevent any accidents w~%ich could occur as a result of the drag racing involved. 4.b. Mrs. Krivos questioned Mr. Mariott as to when the sink hole on N.E. 3rd Avenue just south of i.~.E. 20th Street will be fixed. The City Manager stated it would be handled very soon. 4.c. Mayor Scheifley introduced Mr. David Randolph as the new Councilman elect. 4.d. Mayor Scheif!ey stated it was customary for the Mayor of one city to make a small wager with the Mayor of the opposing city when two teams are involved in the state playoffs for the football championship. He requested suggestions as to something that might be appropriate for such a wager with the Mayor of Haines City. _5.a. Mr. Glenn Campbell spoke from the floor and thanked the people who supported him in. his campaign for Mayor. He criticized Council for its methods utilized in the Beach Restoration Program. Mr. Weekes and Mayor Scheifley stated any Council member would be glad to discuss the Program with Mr. Campbell in detail at the proper time. 6.a. The City Manager stated the budget includes monies for the purchase of 11 sedans for the Police Department. The following bids were received to sell the City 11 sedans: BIDDER PRICE LESS TRADE-IN NET PRICE Hauser Motor Company $36,943.94 $2,100.00 ' $34,843.94 Dan Burns 44,418.00 1,500.00 42,918.00 It is recommended th_t the award be made to the low bidder, Hauser Motor Company, in the net amount of $34,843.94. The purchase of these cars is in lieu of leasing which arrangement did not materialize. It was ascertained the engines have 360 cubic inch engines and they contain Police packages. Mr. Weekes moved the bid be awarded to ttauser Motor Company in the net amount of $34,843.94 for tl sedans for the Police Department, seconded by Mrs. Krivos. The motion passed unani- mously. 6.b. The City Manager recommended that Supplemental Agreement No. 2 - Change Order, Utility Improvements, on Lowson Boulevard constructed by Clayton Construction Company be approved. This will add a net amount · of $4,546.23 to the contract price. It was established this will com- plete the project. Mrs. Krivos moved for the approva], of Supplemental Agreement No. 2 - Change Order for the Utility Improvements by Clayton Construction Company, seconded by Mr. Youngblood. The motion passed unanimously. (Copy of Supplemental Agreement No. 2 - Change Order, Utility Improvements on Lowson Boulevard is attached to the official copy of these minutes.) 6.c. City Manager Mariott stated Supplemental Agreement No. 2 - Change Orders 9 through 16, Storm Drainage Construction, by Clayton Construction Company are being added to the Southwest Drainage Contract. The approval of this change order would add $44, 879.~ 83 to the contract price. The City Manager stated the Southwest Drainage Contract has been completed. Mr. Youngblood moved the ~pproval of Supplemental Agreement No. 2 - Change Orders 9 through 16, for said storm drainage i~provement, seconded by Mr. Weekes. The motion passed unanimously. (Copy of Supplemental Agreement No. 2 - Change Orders 9 through 16, Storm Drainage Construction, is at-Lached to the. official copy of these minutes. 7.a. City Manager Mariott stated a request has been received from the Boynton/Delray Seventh-Day Adventist Church tc solicit funds be- tween December 11 and Decen~er 25, 1973. The request has been recom- mended for approval by the City's Solicitation Committee. Mrs. Krivos ascertained the request was through December 25; she expressed a de- sire to terminate solicitation prior to Christmas Day. Mrs. Krivos moved that permission be granted to the Boynton/Delray Seventh-Day Adventist Church for soliciting funds from December il through December 24, 1973 inclusive, seconded by Mr. Weekes. The motion passed unani- mously. 8.a. The City Manager presented Resolution No. 58-73. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROPOSING FEDERAL LEGISLA- TION TO PE~4IT TItlE DEDUCTION OF UTILITY TA~fES ON FEDERAL INCOME TAX RETURNS. (Copy of Resolution No. 58-73 is attached to the official copy of these minutes.) City Manager Mariott stated this Resolution, urges Federal legislation that would make the payment of utility tax a Federal income tax deductible item. Mayor Scheifley stated a similar £esolution was passed by the Florida League of Cities. Mr. Weekes stated Dade County League and many other Leagues are passing such a resolution. Mr.,Weekes moved the adoption of }i~esolution No. 58-73, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Wcekes- Yes; Mr. Youngblood - Yes; Mayor Scheifley -'Yes. 209 8.b. The City Manager presented Ordinance No. 36-73. AN OPdDINANCE OF R/IE CITY OF DELRAY BEACH, FLORIDA, ]~ttE ASSESSMENT LEVYING TttE ASSESSNENTS AS SttOP~,.~I. BY ROLL SUEMITTED BY TIIE CITY }.S%~XIAGER OF SAID CI!~f, CONCERNING THE OPENING, GRADING A~D PAVING OF T}tAT PORTION OF S. W. 7TH AVENUE FROM S. W. 6TH STREET SOUT[~.'[AP~D TO }.~ET THE EXISTING PAVEP~NT APPROXI- bgtTELY 300 FEET SOU%It OF S. W. 7TH STREET. (Copy of Ordinance No. 36-73 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. There being no objections, the Public. Hearing was closed. Mr. Youngblood moved approval of Ordinance No. 36-73 on second and final reading, seconded by Hrs. Krivos. Upon roll call, Council voted as follows: Hrs. Krivos - Yes; Mr. Weekes - Yes; Mr. Youngblood- Yes; Mayor Scheifley - Yes. 8.c. The City Manager presented Ordinance No. 37-73. AN ORDINANCE OF _qIHE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~N!DING ORDINANCE NO. 8-73, DATED APRIL 9, 1973, SI~3~E BEING AN A~,~E}~ ~.~g~.~'.~'~, BY CORRECTING TP~ DESCRIPTION OF TO THE CITY OF DELRAY BEACH. (Copy of Ordinance No. 37-73 is attached to the official copy of these minutes.) A Public ttearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Deach. There being no objections, the Public Hearing was closed. Mr. Weekes moved the adoption of Ordinance No. 37--73 on second and final reading, seconded, by Mrs. Krivos. Upon roll call, Council vote. d as follows: Mrs. Krivos - Yes; Mr. Weekes - Yes; Mr. Youngblood- Yes; Mayor Scheifley - Yes. 8.d. The City Manager presented Ordinance No. 38-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELP~iY BEACIt CERTAIN IAIYD, NAi, tELY LOT 12, SECONrD ADDITION TO ItIGtI ACRES, WHIC!i IANql IS CONTIGUOUS TO EXISTING NDlqICIPAL I,INITS OF SAID CITY; REDE- ~:E BOUNVDARIES OF FINING ~. ...... ~. C15~ TO !NCLDqDE SAID LANrD; PROVIDING FOR THE RIGHTS AND OBLILATIONS OF SAID I~iN-D; AN7) PROVIDING FOR TIlE ZONING THEREOF. (Copy of Ordinance No. 38-73 is attached to the official copy of these minutes.) -3- ].2-10-73 210 A Public Ilearing 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 the passage of Ordinance No. 38-73 on second and final reading, seconded by Mr. Youngblood. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Weekes - Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes. 8.e. The City Manager presented Ordinance No. 39-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PC, IEND!NG C~tPTER 29 "ZONING" OF ~IE CODE OF OP~DINAL:CES OF T~ CITY OF DELRAY BEACH, FLORI~_A, BY kDDING SUBSECTION 29-1 (64) K~ICH DEFINES A NATUP?~L RESOURCE UTILITY AI~TD BY ADDING SD-~SSECTION 29-3 (9) ~,~IIC_q PEPd~IITS A NATURAL RESOURCE UTILITY AS A CO~ITIOI~[AL USE Eli ALL ZO]~ES TLm CI~fY; REPEALING ALI, OP~IifAI.:[CES OR PARTS OF OF~ TM OPd)INANCES IN CONFLICT HERE?TIT!t; PROVIDING A SAVING CLAUSE; PROVIDING A PE>~ALS"£ CLAUSE. (Copy of Ordinance No. 39-73 is attached to the official copy of these minutes.) A .Public Hearing was held, having been legal]_y 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. Youngblood moved for the adoption of Ordinance No. 39-73 on second and final reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Weekes -Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes. 8.f. The City Manager presented Ordinance No. 40-73. AN ORDINANCE OF Tt!E CITY COUNCIL OF THE CITY OF DELP~AY B,mACH, FLORIDA, ANL~XII[G TO THE CITY OF DEI~RAY BEACH CE~:iTAIN LA~, NA~ZELY LOT 14, EAST HALF OF LOT 13 Y~fD SOUTH }~tLF OF THE 15 FOOT . RIGHT-OF-WAY NOW ABA~[DOI~ED LYi~qG ADJACENT TO AND NORTH OF LOT 14, FIRST ADDITION TO LAI~ IS CONTIGUOUS TO EXISTING M'~>IICIPAL LIMITS OF SAID CITY; REDEFiNIL~G THE BOUiYOARIES OF SAID CITY TO INCLITDE SA~ LA~D; PROVIDIi~G FOR THE RIGHTS A~[D OI3LIGATIONS OF SAID I~XND; YJqD PROVIDING FOR TIlE ZONING Tt~REOF. (Copy of Ordinance No. 40-73 is attached to the official copy of these minutes.) A Public Hearing v.~.~ 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 ttearing was closed. -4- 12-10-73 211 Mr. Wee]~es moved the adoption of Ordinance No. 40-73 on second and final reading, seconded by Mr. Youngblood. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Weekes - Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes. 8.g. The City Manager presented Ordinance No. 42-73. AN ORDI~IANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~,~EL~DING SECTION 14-1 OF THE CITY'S CODE OF ORDI~NCES' "ADOPTION OF FIRE PREVENTION CODE" BY ADOPTING TN~E 1970 EDITION OF ~-{E FIRE P]~VENTION CODE AND T~D~ 1972 REVISION OF THE FI~E PREVENTION CODE, ARTICLE 31, R:~C0~.ZmL~DED BY TI~ A~iERI©!N INSUP~!NCE ASSOCIATION AL~D THE TEN (10) VOL-07~ SET OF THE 1973 - 1974 EDITIONS OF THE NATIONAL FIRE CODES, RECO:',iN~LrDED BY THE NATIONAL FIRE PROTECTION ASSOCtA'i~!ON; REPES!L!NG ALL ORDI- NANCES OR PARTS OF OPdDINA~CES iN' CONFLICT n~'~; - PROVIDING A SA\ZING CLAUSE; PROVIDING A PENAL?f CLAUSE. The City Manager stated this Ordinance will update and make current the City's Fire Prevention Code presently in use and he recom- mended p~:~ssage on first reading. Hrs. Krivos moved for the passage of Ordinance No. 42-73 on first reading, seconded by Mr. Youngb!ced. Upon roll call, Council voted as follows: Hrs, Krivos - Yes; Mr. Weekes - Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes. 9.a. The C~ity Manager stated the Planning and Zoning Board has recommended that the presently unnamed private street in Wenton Village El_rove 'i'his street red, lace the be named "Osprey '~"' ". ~ s r-, ' '~s]_y abandone.(i Osprey Drive which was reflected on the old plat of Tropic Palms. .~,irs. Krivos moved to ]lame the .presently unnamed private street in Wanton Village "Osprey Drive", seconded by Mr. Youngblood. The motion passed un animou sly. 9.b. The City Manager stated the Planning and Zoning Board at a meeting held on November 27th recommended by unanimous vote that Council approve a modified site plan for '/he Fairways Development in the Southv;est -~S of.- Section 19-46-4.3 lying north of Lowson Boulevard, west of _~,-4 Canal and east of Homewood Boulevard. The modification basically changes the remaining' four-plexes on the original site plan to tri-plexes. This reduces the total number of dwelling units in the development from 72 to 66. Council reviewed the site plan at the workshop meeting on December 5th. Mrs. Krivos moved approval of the modification plan of the Fairways Development, seconded by Mr. Weekes. %qne motion passed unanimously. 9.c. City Manager Mariott reported the Planning and Zoning Board. recommended by unanimous vote that Council approve a modificaticn of the site plan for The Pines at De!ray, fomnerly. Vil. la Del-Aire, !oc%~ted in the South half of Section 19-46-4.3, lying west of the E-4 Canal between Lowson and Linton Boulevards. He stated the development stantiaily remains the same although it is under new ownership. Pr. Youngblood moved to sustain tine recommendation of the Planning and Zoning Board, seconded by Mr. ~eeke~,. The motion passed unanimously. 9.d. The City Manager reported the Planning and Zoning Board mended ]Dy unanimous vote that Council approve the site p].nn for Development. This property is located adjacent to the southern pro!warty -5- 12-10--73 212 line of land where tl:e refuse transfer station is located, being that part of Lot 6, lying :~;est of the Florida East Coast Railway in Section 29-46-43. Sor;~e questions were raised by Council regarding the future extension of S.W. 4th Avenue across the 20 acre City site to provide a second means for access to this properts;. City I~ianager t.'Iariott showed Council plans and asked ~.~r. Mirandi, the ova]er and developer, to offer additional explanation. The property in question has been rezoned from Industrial to Multiple Family. Mr. Mirandi has redesigned his plans to meet the zoning classification. The Planning and Zoning Board approved the site plan with one exception, that being whether or not one access road (Dotterel Road) would be sufficient. The Planning and Zoning Board recently approved the site plan with one major access road (Dotterel Road) with the proviso that ~..ir. Mirandi furnish the City with a letter guaranteeing that as soon as S.W. 4th Avenue is opened up, he will provide an access road to serve as a relief artery. Mr. Mirandi has complied with this request. Further discussion .ensued with ,2.1r. Weekes moving to sustain the recommendation of the Planning and Zoning Board to approve the site plan as presented, seconded by Mr. Youngblood. The motion passed unanimously. 10.a. ~lqqe following Bills for Approval were unanimously approved for. Payment on motion by !4r. Youngblood and seconded by Mr. Weekes. General Fund ........ - . . . $~42,106.68 Water and Se~.~'er Fund . . o ~ .... 775.46 · Cigarette Ta>.' Fund .......... 50,000.00 Utility Tax Fund .......... 24,850.00 Improvement Trust Fund ....... 193,105.90 Beach Restoration Fund ....... 17,200.00 Federal Revenue Sharing Fund o 180.00 Lo~vson Blvd. W & S Project Fund . . 623.22 10.b.lo The City ~.[anager reported a meeting would be held on December 14, 1973, by the Palm Beach County League of Cities and passed out a memorandum to Council men~ers on same. 10.b.2. City Manager ;4ariott stated the City 'has an old mimeograph machine no longer in use and suggested the Delray Beach Police Benevo- ]_ent Association receive the machine as a donation as they requested. Mrs~ Krivos so moved, seconded by Mr. Weekes, said motion passing unanimous ly. 10.b.3. city Manager Mariott stated that on November 26, 1973, he had written a memorandum concerning the conservation of energy in which he had stated any further participation of city vehicles in parades, etc. would be curtailed with some latitude concerning these decisions at tke discretion of Council. The Atlantic High School Football Team is to play the State championship game this Friday at Atlantic High School Stadium and they have requested a parade be held prior to or in con- nectien wi{:h the game. Since Council has the prerogative to determine whether or not city vehicles '~'ou].d participate, he hsked the consensus of Council concerning ~[~he participation in the parad, e. It was the opinion of CouncJ_1%~]ah i-.he City at l~rge should do all possible to sul~port thc [~eam and t!~e school. CouncJ. 1 ag-reed to authorize the Cit5; Manager -to handle the City's participation on an administrative basis. 10.10.4. ~iq~e City ~.lanager stated the City was approacl,~d by Atlantic High School a few days ago in connection with the City's purchase, of ali advertise~nent in their yearbook. This has not -been done in the past, -6- 12-10-73 213 and the price of the full page advertisement is $65.00. The City of Boynton Beach is participnting in this project and Council voiced tie opinion Delray Beach should also participate. Mr. Weekes moved that Council take $65.00 from 'khe Contingency Fund to purchase an ad in the yearbook of Atlantic High School, seconded by Mrs. Krivos. The motion passed unanimously. The meeting was adjourned at 8:29 P.M. City Cier!: [/ APPROVED: -7- 12-10-73 213A CITY OF DEl,RAY BI'TACIt PALM t;EACtl COUNTY, FI.ORID:\ SEWER MAIN- -. LOWSON BLVD. PROJECT NO.~64-5o-8o SUPPLEMENTAL AGREEHENT NO. 2 CHANGE ORDER T~is Agreement entered into this _/~ day of .~i:d,~"~%~,.c(.,~,:'./'2.., 1973, by and between the City of Delray Beach, Palm Beach County, FloC'ida, as party of the FIRST part, and Clayton Construction Company, as party of the SECOND part, as being a supplement to a certain contzmct by and between the parties aforesaid, dated the l!th day of January, 1973, for the co~truct~on of "' .... ~' ' the City o~ ~elray Beach, Palm Beach County, Florida. !fFI'NESSETtt: I. 15]IEREAS, it has been determined that tho cyossS_ng'of Canal E-4 with 2,i-inch ductile iron pipe water main (Item Jt, Crossing "g") and with t,l-inch ductile iron pipe se ..... ,.. force main ('Item 27 Crossing "A") could most advantageously., be acconu)lished; by l)]_ac4'~.no same on pSJing~ in lieu of a subaquaeous crossing, in accord.race with supplemental drawing furnished to and al>proved by the Lake ?,'orth Drain\ge District, and that jei. nt: restraining. ~qiancis and ioolts would be required ,:,z.~'-~ were not contemu, lated ~n the orioSn',l design, and IJ~. M,M,E.-kS, alongside the crossing of the 2,l-inch water main and Canal g-3 1/2, the 7',,'%' of the ' .... cx FIRST part des2. rec~ zm,~ o ~. ali. gm;lent and straighten bends in the ' ' +~ ., 3o~n~, of the oxlstin~ 10-inch water main, and IV MIE,,m,S, the contour and level of the existino- 2'rotmd at the locatSon of one fSre hydrant assembly was altered and raised after the hydrm~t assembly was \ri=coiled, thus necessitating an extension to the riser, and V. M,I:REAS,':n-' tt~e., party of_ the SECOND part has agreed to an increase per unSt price or lump sum settlements for the items of work I through IV. above as follows: 1. Revised constructS on method of canal crossing "B" and "A" (Item tl and Item 27 of original contract) ................. L.S. 2. FurnSsh and install 12 restraining glands and 96 special bolts and nuts ....... L.S. 99S.25 213B 3. hnprove alignment of existing 10-inch water main ............. L.S. $ ' 200.00 4. Furnish and install fire hydrant riser ................ L.S. $ 1S1.00 TOTAL $4,546.2.3 VI. TttEREFORE, it is further agreed and understood by BOTft parties hereto, that the contract shall be amended as follows: Orgginal Contract ;uaount $302,291.90 Change Order No. 1 (February 26, 1973) S -]71.00 Previous Adjusted Contract ~ount $302,120.90 This Change Order No. 2 Increase $ +4,546.23 Final Adjusted Contract Amount $306,6~7.13 It is further agreed and understood by BOTH parties hereto that the con- tract time for the completion of this project, slmll not be extended on .account of th.is Change Order, and that ail provisions of Paragraph General Conditions, pertaining to warranty and guarantee for a period of one year from written final acceptance shsll apply to the work covered by this Su?p].~:~ental A~reement and Change Order, shall not alter in any manner the ~ ~ ~or~,e ~nd effect of the origSn~l contract d:~te~ the ]~th day o~- 3?nuary, 1973 and thc same shall stand in full force and effect in all respects, excepz as amended by th~s Agreement. CITY OF D5LltAY ATTE.ST- PAD4 BEACH COUNTY, FLORIDA . U' 77 .... Contractor  Authorized Officer (SEAL) Approved as to correctness and form City Attorney RECGSBif!NDEI) FOR APPROVAl.: RUSSI~LL & AXON 213C Russell & Axon Delray Beach, Florida Storm Drainage Delray Beach, Florida Project No. 5964-9a DtlUD Project No. ;~S-Fla-199 C[bkNG E ORDER Change Location Addition Net Order Incr~,s ~, # 9" Intersection of SE 4th Ave. & SE 2nd St. 12" x 18" CMP $ 799.02 ~,'~0 S~'i 3rd St. ~ between SW 3rd Ave. & Alley Sod cut slope 416.65 #11 Various existing ditches--15" stub Precast Headwall-Inlets pipe as sho~,m on plans--7 locations with grating (7) 4~550.00 #12. SW 8th Ave., North of SW 2nd St. Provide Storm drainage for to SW 1st St. area not included i.n original plans 19,0i4.99 #15 Intersection 'of S~? 4th Ave. & Junction ?4anhole & encase Alley South of Atlantic Ave; telephone conduit 2:138.00 #14 SE 2nd St., SE 1st Ave. to Provide storm drainage for SE 2nd Ave. area not included in original plans 6,938.47 #15 Intersection of SE 4th Ave. ~ Asphalt paving to improve Atlantic Ave. stormwater runoff 2,0S0.00 #16 SE 1st Ave between SE 1st St Sidewalk repla~e.:.e~.t, and SE 2nd St. asphalt paving, & drive- way replacement to improve drainage 8,942.70 Total Above Change Orders ........ $ 44,879.33 Total Previous Change Orders ...... 33,287. Total Original Contract ....... .. 979,462~ ADJUSTED ~QN~RACT ~.IOUNT TO DATE . . $1,057,630'.~7 'I~is will complete change order requests. 3s-11-2-73 213D RESOLUTION NO. 58-73. RESOLUTION OF THE CITY CO[~CIL'OF THE CITY OF DELRAY BEACH, FLORIDA, PROPOSING FEDE?~L LEGiSLA- TION TO PERMIT THE DEDUCTION OF UTILITY TAXES ON FEDERAL INCOME TAX RETURNS. WHEREAS, the laws of Florida permit municipalities within the State to impose utility taxes on certain specified utilities; and, WHEREAS, some municipalities within the State assess utility taxes in lieu of ad valorem taxes while other cities within the State assess utility taxes in addition to ad valorem taxes; and, WHEREAS, .a recent amendment to the Constitution of the State of Florida has imposed a ten mill limitation on ad valorem taxes by municipalities with the result that numerous municipalities have turned to utility taxes as additional source of revenue; and, WT{EREAS, many states throughout the United States authorize local government bodies to impose utility taxes; and, k~EREAS, other taxes similar in nature to utility taxes such as ad valorem taxes, personal property taxes, state sales taxes and state gasoline taxes are allowable as itemized deductions on individual personal income~ tax returns; and., ~',~.EREAS, i~ 4~ ~~.min:~'~ ~ ~?c n~,~ to "~ .... utility' taxes to be taken as itemized deductions on individual Federal income tax returns, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELP~¥ BEACH, FLORIDA, AS FQLLOWS: Section 1. That the Congress of the United States amend the Internal Revenue Code to allow utility taxes as an itemized deduction on individual personal income tax returns. Section 2. That they request the National League of Cities an~ the Florida League of Cities to approve this Resolution and to adopt a Resolution in support hereof; and to take such other action as the National League of Cities and the Florida League of Cities shall deem appropriate to effectuate the introduction and passage of the legislation herein supported. Section 3. That the City Manager of the City of Delrny Beach, Florida, is hereby instructed to make distribution and copies of this Resolution as will accomplish the purposes herein expressed. PASSED AND ADOPTED on this the 10th day of December, 1973. ~,.' ,.'., ,... ' .., z/- 7t ~' / ~ ~..- ~" ~.(~-.~/ ATTEST: City C] ark 213E OPA}iNANCE NO. 36-73. AN ORDINANCE OF TR~E Ci?f OF DELPdAY EEACH, FLORi~DA, LEt-lING Ti~E ASSESSN~NTS AS SHO!d~' BY %7~E ASSESSP~NT ROI,L SU~t,{i'i'TED BY THE CtTf ~,ANAGER OP SAID Ci~Z, CONCE~{ING ~iTIE OPENING, G~%D!NG AI~ PAVING OF T~L2~T PORTION OP S. W. 7TH AVE}FJE FROM S. W. 6TH STREET SOUT}P~A~ TO ~-~iET T~ EKIST!NG PAVE~,~NT APPROXI- maTELY 300 FEET SOUTH OF S. W. 7~I STREET. ~7~EREAS, the City Manager of the City of Delray Beach, Florida, has in pursuance to the Charter of said City, submitted to the City Council for approval, a report of the costs, and the assessment roll for the opening, grading and paving of that portion of S. W. 7th Avenue from S. W. 6th Street southward to meet the existing pavement approximately 300 feet south of S. W. 7th Street; and, ~I~E.~IEAS, said repor~ and assessmen[ roll was approved by the city Council in regular session, on the 24th day of September, 1973; and, WHEREAS, due notice concerning said assessment roll was given by advertisement, by the City Clerk, in accordance with the city Charter of said City, and for the purpose of hearing objections to said assessment roll; and, WHEREAS, no sufficient objections were received to the con- firm. ation of said assessment roll, NOW: THEREFORE~ BE IT OP~AINED BY THE CITY COUNCIL OF THE CIS~ OF DEI~RAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The assessments, as shown by said assessment roll which is attached hereto and made a part hereof, are hereby levied against the properties shown and in the amounts stated on said assessment roll, said assessments to be paid in three equal annual installments, together with interest at the rate of ~P/o per annum, the first installment becoming due and payable on January I0, 1974 and on January 10 for the next ensuing two years; and said special assessments, so levied, shall be a lien from the date the assessments become effective, upon the respective lots and parcels of land described in said assessment roll, of the same nature and the same extent as the liens for general City taxes, and shall be collectable in the same manner and with the same penal%ies and under the same provisions as ~o sale and forfeiture as City taxes are collectable. SECTION 2. ~is Ordinance will become effective thirty days after passage on second ~d final reading. PASSED A~ ~OPTED in regular session on second and final reading on this the 10th day of Dece~er __, 1973. ATTEST: City Clerk/ Second Re ad ing__~~Z 213F ASS].]S S>i]~NT ROLl, For opening, grading and paving of that part of S. W. 7th Avenue from S. W. 6th Strce't southward, to meet the existing pavement .approximately 300 feet south of S. W. 7th Street. ASSESS].~NT per front foot $7.3326 PROPER~ FRONT TOTAL DE S CR I P T I ON 0~'~ R FOOTAGE A S SE S SHE OSENO~T PARI< ,OCR 5 t 1 Herman Stevens 56.1 $ 411.37 ..... t 2 tterma~:~ Stevens 50 366.63 Lot 3 Herman Stevens 50 366.63 Lot 4- Herman Stevens 50 366.63 Lot '5 Ann B. Ward 50 366.63 Lot 6' Leu:is & Fannie Johnson 50 366.63 Lot 7 Louis & Fannie Johnson 50 366.63 Lot 8 William & Janet Green 50 366.63 Lot 9 G.H. McMurrain 50 366.63 Lot 10 G. I{. HcHurrain 50 366.63 Lot' 11 G. }.~. NcNurrain 50 366.63 LOt ~2 G.H. ]~.IcHurrain 56.1 411.37 ROSEHONT ~' BLOCI< 6 Lot I South,.?ay Development Co. 53.15 389.75 Lot 2 Joseph Pa!acino 50 366.63 Lot 3 Catherine ~addies 50 366.63 Lot 4 Manuel & Anna Ramires 50 366.63 Lot 5 Gera].d & Cynthia Betty 50 366.63 Lbt 6 Gwendolyn Hill 53.14 389.67 ROSEHONT PARK BLOCK 7 Lot 13 Charles I{. 'Oatway 56.08 411.22 Lot 14 John A. Kretsch Estate 50 366.63 Lot 15 Paul E. & Eleanor N. Gringle 50 366.63 Agreement Deed: Natividad & Juanita Cantu ] - 16 Edward & ~4ary Van tIcughton 50 366.63 ] ' 17 Robert E. & Annie I. Siegfried 50 366.63 I ' 18 Annie B. Crowell 50 366.63 Lot 19 Southway Development Co. 50 366.63 Lot 20 Ramon & Paula Morales 50 366.63 Lot 2]. Southway Development Co. 50 366.63 Lot 22 Naomi Strickland 50 366.63 Lot 23 Joseph & Gertrude Pa!racine 50 366.~' Lot 2,1 Joseph Palacino 56.24 412.39 213G PRO PE Rq~f FRONT 5~3TA L DESCI-',IPT!02? OWNER FOOTAGE ASSESS:.!ENT ROSEHONT PARK BLOCK 8 Lot 19 Josie Beatrice Wi]_son 53.14 $ 389.65 Lot 20 Josie Beatrice Wilson 50 366.63 Lot 21 Sou{~hway Development Co. 50 366.63 Lot 22 Romeo M. & Norma Prince 50 366.63 Belfonte Lot 23 Charles & Essie Mae Massingill 50 366.63 Lot 24 ~rles & Essie Mae 53.15 389.74 Massingill 1837.10 $13,470.80 15°/. Administrative Expense 2,179.35 Advertising to Date 55.15 Additional-Advertising (Estimae_ed) 75.00 TOTAL PROJECT .~ 16,838.50 Less 20}'o City share of cost per Resolution No. 5-73. ~ 3,367.70 8~/o to be assessed ........... $ 13,470.80 213H ORDINANCE NO. 37-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 8-73, DATED APRIL 9, 1973, SA~ BEING~AN ANNEX3ATION ORDINANCE, BY CORRECTING THE DE- SCRIPTION OF CERTAIN LAND IN SOPHIA FREY SUBDIVISION ANNEXED TO THE CITY OF DELRAY BEACH. WHEREAS, Ordinance No. 8-73, passed on second and final reading on April 9, 1973, erroneously referred to Lots 1, 2, 3, 10, 11, and 12, Block 6, Sophia Frey Subdivision as recorded in Plat Book 4, Page 37, Public Records of Palm Beach County; and, ~HEREAS, Council deems it in the best interest of the City to correct same, NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~qCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That.Section 1 of Ordinance No. 8-33 be amended to read as follows: "SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tracts of land located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: .P.ropertv known and formerly described as Lots 1, 2, 3, 10, 11, and 12, A,-B7 e,-D? E an~ P, Block 6, Sophia Frey Sub- division as recorded in Plat Book 4, Page 37, Public Records of Palm Beach County, Florida; Lots A, B, C, D, E and F, .Re__plat of ~art of Block 6, Sophia Prey Subdivision as re- corded in Plat Book 23, Page 14, Public Records of Palm Beach County, Florida, and Lot 5, First Addition to Kenmont, as recorded in Plat Book 22, Page 24, Public Records of Palm Beach County, Florida; and that part of N.E. 10th Ave- nue (Palm Trail) lying south of the north line of Lot 5, First Addition to Kenmont as recorded in Plat Book 22, Page 24, of the Public Records of Palm Beach County, said right- of-w~y of Palm Trail extending southerly through Sophia Frey Subdivision as recorded in PI_at Book 4, Page 37, of the Public Records of Palm Beach County, to the north right-of- way line of N.E. 8th Street as now laid out and in use." PASSED AND ADOPTED in regular session on the second and final read- ing on the 10th day of December , 1973. MAYOR ATTEST: City Clerk j. 3 '1973 ~s~ Rea~i~9: Second Reading: ~.]~[3 ~ {')1~'i[~ -- 213I ORDINAI.?CE NO. 38-73. AN OILDINANCE OF T~.H~ CITY COU~CIL OF THE CITY OF DELP~Y BEACH, FLORIDA, A~[L~E:'fIL'G TO THE CITY OF DELFeAY BEACtI CERTAIN LAhID, NAMELY LOT 12, SECO~D ?~DDITION TO HIGtt ACRES, V~-IICH LA_N7O IS CONTIGUOUS TO EXISTING MUiqICIPAL LIMITS OF SAID CI~'; REDEFIi.~ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDI~[G FOR THE RIGHTS AND OBLIGATIONS OF SAID IJkl~O; AND PROVIDING FOR THE ZONING ~[EREOF. WHEREAS, ROGER M. SKILI2~LAN AND WAUNETA B. SKILLb'LAN, his wife, are the fee simple owners of the property hereinhfter described; and, WI~EREAS, ROGER M. SKILI~AN their petition, have consented and given permission ~or the annexation of said property by the City of Delray Beach; and, WqtEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Sec~ion 185~! of the City Charter of said City granted to it by the State of Florida, NOW, Ti~REFORE, BE IT OF~AI~_~D BI~ THE CI~ COUNCIL OF ~E CI~ OF DEL~Y BEACH, FLORIDA, AS FOLLOWS: SECTION 1. 5~at the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous %o said City, to-wit: Lot 12., Second Addition to High Acres, according to the Plat thereof, recorded in Plat Book 23, page 37, Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as %o include therein the above described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R-i~, as defined by existing ordinances of the city of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordJ. nances and laws to which lands in the city of Delray Beach are now or may be subjected to and persons residing there- on 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 juris- diction, such record of illegality shall in no way affect the remaining portion. PASSED A~ ~OPTED in regular session on the Second and final reading on the _~Q~_~day of Dece~er , 1973. ~ , . ,/ /'/ City Clerk 213J ._~,.:: .... NO. 39-73 t.:,..~...~.:~:,'~'-', Oi? C.L.L _ ON TIlE COr'~:' .... OF OiLD!i';'ANCES OF ,-,~n-'z:-Ls CITY O1:' DELI~IY BEACiI, FI, ORe-)A, BY Al)DING SUBSE~w~''~.z~,, 29-]. (64) %'~'IICiI ..........J)~ i.,z,oe A ~=nq'~:~T._,~z._~=~ RESOURCE UTILI~TY Ai'~ BY ADDING SUBc ..... o~CTIO_~ 29-3 (9) ;'a'tiCit PEPC,IITS A RESOU~,Oz UTTL;~ AS A COb~ITIONAL USE iN ALL ZONES OF ~tE Ci~; '~D~' ...... t,~z',~l.~;.~ ALL O!LDT'=:',',w'~e._.:.z~,~ OX Pz~qTS OF OP~iii. TAi.TCES iN CONFLICT }!EREWI?~i!; PROVIDING A SAVING Ch~=Uo~; PROVIDING A PE!'YALTY ~'~REAS, the Planning and Zoning }3oard has recommended amending :ha. pier 29 Zoning" b}/ adding ~.~ur=l Resource ~ti].it!es as a Condi- nional Use in ell zones of the City; and, · I¥H ..... Ab, the Clty z~e.a~nistration concurs in said reconhmendations; and, I'~tEREAS, the City Council of ehe City of De!ray Beach, Florida, has dete'~m4n,~d that such ci~anues should be made, OF DE~GIY D3AC~i, "'~ ~ ...... " r h~/{.LDz*, AS FOLLOWS: Section ] ~t the Coie of the Cit!/ of Delray Beach, Flori as am~n,n:,c= be further amended bv add"'- · :,g E~.e following subsections .to ChaD'her 29 "'- ~': "' Ao.-;s: . Zo~.~n~ to read. as lot" · - . . ...=~o~ ......... ~.~:~. A use whichd a primarily 're%e4!''.. proauc'' ~-~ directly from an extrac- tive ma%eria!, the atmosnhere, or a naturally fluid ,~diurn Pnd which does not '-~= e~,,~ noxlou, s ~,~m~ glare, or noise not commonly expected or associated ¥,ALh the other uses .~u~o .... d_ng ~=. use. "Sec. 29-3 (9) A Naturei Resource Utility use may be allowed in all zoning dis~r~c~ after approval as a con~i- tiona! use for the zone for which application is mede." Section 9 ~,~ ..... _ ~. z,~ all ordinances or parts of ordinances in conflict herewi~ch be and the.~,.:..~- .... are hereby repzaled. -' Section 3. ~at should any section or provision of this ordi- anco or any poreion thereof, any paragraph, sentence or word be y a court of competent jurisdiction to he invalid, such decision shall not affec~ the ''-'~ vatme.Luy of the remainder hereof as a whole or part thare- of other than the part declared to be invalid. Section 4. That any person who vio!a~es the provisions of Section 1 above shall, upon conviction, be punished as provided in Section 1-6 of the Code of ordinanq~s ot the City of Del. ray Beach PASSED ~2L<JD ADOPTED in regular session on second an0 final read.ir on chis the ]0th day of December , 1973. A I .~ E._ i: _ 6;'i /, : ~ /,I A Y 0 1{ · . . ,. C.itv CJ,..~]k '2 ' '' 2' . ~, . ; . .... ' I' ' 213K ORDINANCE NO. 40-73. AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF DEL]¥'~Y "'"'~ ~S.~.CH, FLORIDA, ALNEXING TO TIlE CITY OF DELI~Y B ....... CERTAIN I_,A~D, NTd4ELY LOT 14, NEsT ILAL? OF LOT 13 AND SOUTiI tJALF OF THE t5 FOOT RIGIiT-OF-WAY NOW ABANDONED LYING ADJACENT TO AND NORTtt OF LOT 14, FIRST ADDITION TO WHICtl "' ' .... :~AnD IS COc~.'IGUOUS TO CIPAL L!i.!ITS OF SAID CITY; REDEFINING THE BOUNDAEI:zS OF SAID eT"'~= TO '"~ _ ..... I~, CL o:~m SAID LAND; PRO'7!DiNG FOR THE=,~T~T='~qz ~.~ = ,= AND OBLIGA- TIONS ON. SAID LAND; AND PROVIDING FOR ThE ZONING ..... m:~'~sRsO~ ~ ~. %4HEREAS, 0IIDSO!,? R. S;,1177t ant] CALLIE ti. SMITH, his wife, are the fee simple owners of the property hereinafter described; and WHEREAS, JUDSON R SmI.~H and CALLIE H S!.iITH, his wife, by their petihion, have consented and given permission for the annex- B~:ac,, ; alld ation of said property by the City of belray - ~,~.IEREAS, the City of De!ray Beach has heretofore been authorize! %o .... r-..~ ].ands in accordance w'~- . Ad~ Section 185 1 of the City Charher _. "' - '" and --~ ~"~;: ~< ............ ~ .... -~ ' "' by Ch=~ State of ~.io .... t~ ~.L',: .~.L~, .~.x,~=.~._~ 110 1.11 , ~ . " '~ ' WHEREAS, %he annexation of these lan~s hereinafter ~escribed, ....... ~ ~ !y Dwe! ..... in 'hhe R~.i-15 r,u].tip!e z.~ .... z ling Dis%r{ct, has been ~¢.~cen at Les meeting helc~ by the Planning and Zoning Board in action "-~' on O~i.o~}ez 16, 1973; EO,'[, ~HER~..ORE, BE IT ORDAINED BY TNi CITY COUNCIL OF THE CITY OF DELPJO( BEACH, = "~- Sm~.,.~ 1. That the City Councz! of the City of Delray Beach ~ - ~..or~.o.a, hereby annexes to said Ci~y the follow- Palm Beach County, ~ lng described hrac-h of land located in Palm Beach Count~, Florida, which lies contiguous to said City, to-wit: Lot 14, West half of Lot 13 and Souhh half of the 15 foot right-of-way now ~,banconed lying adjacent to and North of Lot 14, FIRST ADDI- TION TO wr.',n.~n.~m, ~=~.... ....... accordin9 to pla% thereof re- corded in Plat Book~.,~ Page 24, Public Records of Palm Beach County, SECTION 2. That ENo boundaries of'the Cihy of Delray Beach, zn~.d tract of land, and sa~ land zs h..~...])} declared to be C~.t./ o.. DelraI, Beach Florida within the corpora'he 1}..mits of the ,~-, F ' ~,I,C]]O:~ 3. That t-t~e ~-~ra$%-c - of land hereinat;~we descri.bed t~., lit, rob',. .: declared i:o i~o in Zonil~g,,"istricn tiM-l_5 mu].t-.iple'~ . kaml. l_y-' , ' _. 'L. ' e:,:].:,,.zng ordinances of the city ~ ~:... of )'),::']~:'sLy BC:,tc'h, 213L SECTION 4. That the lands hc:~?ei?.a]~ovc., descr]]' ~-~...d sha]_l immedi- ately bocomo subject to all of the frnnchises, privileges, flr~muni- ties, debts, c,~]_i~jations liabilities -ordinances and la,.~s to v;l~ich lands in the City of Delray Beach are now o~: may be, and mede's',~ 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 illesal 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 and final reading on the 10th day of December , 1973. ~TTEST: City C!erk~