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02-28-72 FEBRUARY 28~ 1972. A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers a~ 7:30 P.M., with Mayor James H. Scheifley presiding, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows and Council Members Grace'S. Martin, J. L. Saunders, Leon M. Weekes and O. F. Youngblood present. 1. The opening prayer was delivered by Reverend J. D. Edwards of St. Paul's A.M.E. Church. - 2. The Pledge of Allegiance to the Flag of the United States of America was then given. 3. The~minutes of the regular meeting of February 14, 1972, were unanimously approved, on motion by Mrs. Martin, seconded by Mr. Weekes. 4. Mrs. Martin read a letter from Patrick F. Marcellino, a resident of Delray Beach, Florida, expressing concern over the coming appointment of a~Chief of Police. She requested the City Manager to place the letter on file, along with others received regarding this matter. '4. Mr. Saunders explained how the two murals in the rear of the Council Chambers had been acquired t~rough the William c. Peckham Estate 'and the Delray Beach Historical Society and what . they described. He expressed his thanks to the William C. Peckham Estate and to the Historical Society, particularly, for giving these murals to the City of Delray Beach. 4. Mayor Scheifley asked Mrs. Jacquelyn Howard, President of'the Delray Beach Chapter of Sweet Adelines .to come to the Council table and presented her with a Proclamation dated Febru- ary 28, 1972, proclaiming the week of March 12 - March 18, 1972, as "Harmony Week" in the City of Delray Beach, Florida. He commended and thanked Mrs. Howard for the work and efforts ex- pended by an organization which gives so much pleasure and enjoyment to so many people. 4. Mayor Scheifley presented a letter dated January 31, 1972, from the Beach Property Owners' Association, Inc., directed to the City Council of Delray Beach, regarding a Motion passed by their organization at its meeting on January 27, 1972, which Motion stated as follows: "That the Secretary write a letter to the City Council advising them that the Beach Property Owners' Association will recommend support of the City's procedural program for restoring and maintaining the entire 2.7 miles of beach (public. and private) subject only to the immediate appoint- ment of and subsequent approval by an advisory group of not less than 11 nor more than 15 knowledgeable and interested citizens, of the design, construction, contractural and financial details of the program." Mayor Scheifley referred this item to t~e City Attorney and asked for his analysis and recommendation. Mr. Fellows said that the only governing body for.the City of Delray Beach, by the City Charter and the laws of Florida, is the City Council, and it was his opinion that the delegatioh of the power of approval to such a committee is an unauthorized illegal delegation of Council's power and authority, since Council would be unable to act without the suggested committee's approval. F'EB 2 8 1972 Mayor SCheifley asked the City Council for suggestions and opinions regarding this matter and a general discussion followed. Mr. J. Watson Dunbar, Secretary of the Beach Property Owners' Association, Inc., suggested that the con~ittee consist of from 5 to 9 members and that it represent all groups in Delray Beach.. Mr. Weekes made a motion that Council appoint a citizens' committee to be known as "Citizens' Committee on Beach Restoration"which would consist of seven (7) members, all resident taxpayers in the City of Delray Beach, said Committee to work with the City Administration, the Consulting Engineer, and the City Council on the Beach Restoration Project. .Mr. Saunders seconded the motion, which passed unanimously. Mayor ScheifleY requested that the City Manager call a workshop and put this matter on the Agenda as soon as possible in order that Council may implement this motion. Mr. Dunbar of the Beach Property Owners' Association, Inc., in referring to the Beach Erosion Citizens Committee, re- quested that Council first consult with the Beach Property Owners' Association and other groups before making appointments of any members to that Committee. Mr. Arthur R. Sprott, Delray Beach, Florida, reported to Council that he had recently attended the funeral of Dr. K. M. Davis, a well-known, distinguished doctor and a pioneer of Delray Beach. Mr. Sprott requested that the City of Delray Beach issue a Proclamation acknowledging the many services-given by Dr. Davis to the citizens'of the City of Delray Beach. The Mayor suggested that Mr. Sprott give all of the information' he had regarding Dr. Davis to the City Attorney and asked him to cooperate with Mr.- Fellows on this matter in preparin~g such a Proclamation for the next Council meeting. 6.a. Mr, Mervin H. McIntyre, Chairman of the North Palm Beach Planning and Zoning Advisory Board, presented himself to Council, and made the following requests: "I wish to request your support of the proposed Palm Beach County Moratorium on Land Rezoning. Conceivably, a property owner with land in the County adjacent to your City limits could request annexation and rezoning during the period of the Moratorium. If granted this could circumvent the intent of the Moratorium. I wish to request that you consider passing a Resolution opposing annexation and rezoninq of land now in the County during the time the Moratorium would be in effect." Mr. McIntyre informed Council that he was.not necessarily requesting that Council place a Moratorium on rezoning land now within the City of Delray Beach, but was asking that Council consider not annexing any land in a zoning classification incompatible with its prior classification. A general discussion followed. Mr. Youngblood aSked .Col. Theodore Poole, Jr., of the Planning and Zoning Board, to express his opinion in this matter. Colonel Poole requested that this item be referred to the Planning and Zoning Board for i~s study, coordination'with the City Attorney, and recommendations back to the City Council. Further questions and general discussion followed, with members of the audience participating. Mr. Sauhders moved that this matter be referred to the Planning and Zoning Board for a recommendation, seconded by Mr. Youngblood and unanimously carried. -2- 1972 6.b. The citY Manager read the following bids received for selling to the City 8 truck bodies which are to be installed. on new truck chassis recently purchased by the City: Cecil & Service Bruce Equip. Co. Equip. Co. Item ~1 (2) 5 cu. yd. Dump Bodies, $2,670.00 No Bid Item ~2 (1) Flat Bed Dump Body, 16 ton hoist, ~1,860.00 No Bid . Item ~3 (1) Flat Bed Dump Body, 12 ton hoist, $1,720.00 No Bid Item ~4 (1) Flat Bed Dump Body, 12 ton hoist, $1,960.00 No Bid Item ~5 (2) Utility Bodies with hydraulic electric tailgate, $1,~5.00 $1,004.00 Item ~6 (1) Utility Body $ 575.00 $ 561.00 The City Manager recommended that awards for all items be made tO Service Equipment Company. Regarding Items ~5 and ~6, he reported that the utility bodies bid by Service Equipment Company are of 10-gauge metal, which' is much heavier than the .12-gauge metal Offered by the other bidder. Mr. Saunders moved that ~his recommendation be accepted, seconded by Mrs. Martin, and unan- imously carried. 6.c. The City Manager presented the following bids that were received for the City purchasing a tractor to be used by the Park§ and Recreation Department: Bidder Bid Trail Ford Tractor Company 32,896.00 Engineering Machine Company $3,362.00 He recommended that authorization be given to purchase the tractor from the low bidder, Trail Ford Tractor Company in the amount of $2,896.00. Mr. Weekes moved that this recommendation be accepted, seconded by Mr. Saunders and unanimously carried. 6..d. The City Manager recommended that Council schedule a Special Meeting of the City Council to be held at 12:00 noon on Thursday, March 16, 1972, for the purpose of canvassing the election returns on the $2,000,000 general obligation bond issue to be voted upon on March. 14, 1972. Mr. Saunders moved that this recommendation be accepted, seconded by Mr. Youngblood, and unanimously carrie~. 6.e. The City Manager reported on the filing of an appli- cation for Federal grant funds for the development of a recreation complex on S. W. 4th Avenue, extended, and explained the eligibility and granting of Federal funds. Mr. Mariott asked Council to pass a motion ratifying the submission of an application for Federal grant funds. Mr. Weekes moved that Council ratify the action of the City Manager'in filing the application for Federal grant -3- ~-~' ~ ~ funds for a recreation complex on S. W.' 4th Avenue, extended, seconded by Mr. Saunders, and unanimously carried. 7.a. The City Manager reported the receipt of a request, dated February 17, 1972, from County Commissioner George V. Warren, for extension of a gratis occupational license for one (1) year for the operation of a snack bar by the Bureau of Blind' Services, Florida Department of Health and Rehabilitative Services, at the South County Complex, 345 South Congress Avenue. He further reported that the gratis license had been granted to that organization in August, 1971, for the 1971-1972 fiscal year, but that permission for the trailer at that loca- tion in which the snack bar is operated expires on March 22, 1972. Following general discussion, Mrs. Martin moved that this matter be referred to the Planning and Zoning Board, the motion being seconded by Mr. Weekes. Upon call of Roll, Mrs. Martin, Mr. Saunders, Mr. Weekes and Mayor Scheifley voted in favor of the motion and Mr. Youngblood was opposed. 7.b. The City Manager said that a letter dated February 18, 1972, had been receiVed from the Delray Beach Historical Society requesting Council to change the name of South 12th Street to Linton Boulevard. After a general discussion, Mayor Scheifley asked the City Manager what interested pa~ties should be notified of the passage of a resolution regarding the changing of the street name. Mr. Mariott stated that definitely certain parties would be notified of this fact. Mr. Weekes moved that the City Attorney prepare a resolution to change the name of South 12th Street to Linton Boulevard, seconded BY Mr. Youngblood, and unanimously Carried. 7.c. The City Manager announced that a letter dated Febru- ary 18, 1972, had been received from Mr. Robert M. Kinkead, in which he requested the City Council to consider abandoning the East-West alley lying South of Lots 10 through 15, Block 13, Osceola Park Subdivision. Mr. Mariott recommended that this matter be referred to the Planning and Zoning Board for study and recommendation. Mr. Saunders so moved, seconded by Mr. Weekes, and unanimously carried. 7.d. The City Manager reported that an application had been received from the developer of High Point for the rezoning of 10 acres of land from RM-1A to C-l, said tract of land being located on the East side of Barwick Road, between West Atlantic Avenue and Lake Ida Road, lying in Section 13-46-42. Mr. Mariott recommended that the request be referred to the Planning and Zoning Board for study and recommendation. Mr. Youngblood made a motion to that effect, seconded by Mr. Saunders, and unanimously carried. 8.a. The City Manager presented RESOLUTION NO. 8-72. A RESOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF ~ DELRAY BEACH, FLORIDA, REQUESTING THE BOARD 'OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA TO HOLD A PUBLIC HEARING ON THE ESTABLISHMENT OF A BEACH EROSION CONTROL LINE IN THE CITY OF DELRAY BEACH AND TO APPROVE THE ESTABLISHMENT OF SAID BEACH EROSION CONTROL LINE. (Copy of RESOLUTION NO. 8-72 is attached to the official copy of these minutes.) -4- F 2, $ 1972 After a brief discussion, RESOLUTION NO. 8-72 was unanimously 'passed and adopted on motion by Mr. Youngblood and seconded by Mr. Saunders. 8.b. City Manager Mariott presented ORDINANCE NO. 2-72 AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE AssESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY,' CONCERNING THE OPENING, GRADING AND PAVING OF A STRIP TWELVE FEET IN WIDTH, BEING THE SOUTHERLY HALF OF SOUTHWEST SIXTH STREET FROM THE EASTERLY . EDGE OF THE EXISTING PAVING OF SOUTHWEST EIGHTH AVENUE TO THE WESTERLY EDGE OF THE EXISTING PAVING OF SOUTHWEST FIFTH AVENUE. (Copy of Ordinance No. 2-72 and Assessment Roll are attached to the official copy of these minutes.) A Public Hearing, having been legally advertised in compliance with the la~s of the State of Florida and the Charter of the City of Delray Beach, was held and there being no objections to Ordinance No. 2-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mr. Saunders. 8.c. The City Manager presented ORDINANCE NO. 3-72. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY TH~ ASSESS- MENT ROLL SUBMITTED BY THE CITY ~MANAGER OF SAID CITY, CONCERNING THE OPENING, GRADING AND PAVING OF THE NORTH-SOUTH SIXTEEN (16) FOOT ALLEY IN BLOCK 1, ROSEMONT PARK SUBDIVISION TO A WIDTH OF SIXTEEN (16) FEET. The City Manager stated that Ordinance No. 3~72 had been tabled by Council for investigation Of the validity of the Petition for alley improvement at the regular meeting on February 14, 1972. This investigation had been made. He reported that the petition definitely appeared, beyond question, to be valid. A copy of the Police Department report was furnished to Council. Mrs. Robert Hill, 615 S. W. 5 Avenue, expressed her feelings regarding the special assessment against property owners for the paving of this alley. Mr. Youngblood expressed the hope that in the future everyone would read petitions thoroughly before signing them. Ordinance No. 3-72 was unanimously placed on first reading, on motion by Mr. Saunders and seconded by Mr. Youngblood. 8.d. The City Manager presented ORDINANCE NO. 4-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTIONS 27-37 THROUGH 27-40 .ABOLISHING THE SEWER ADJUSTMENT ADVISORY BOARD. (Copy of Ordinance No. 4-72 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. 4-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion of Mrs. Martin and seconded by Mr. Youngblood. 8.e. The City Manager presented ORDINANCE NO. 5-72. AN ORDINANCE OF THE CITY COUNCIL OF ~{E CITY OF DELRAY BEACH, FLORIDA, AMENDING cHApTER 17, "OFFENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 17-2, "ASSAULT AND BATTERY", BY INCLUDING THE WORDING "OR NEAR ANY DWELLING OR OTHER PRIVATE BUILDING". City Manager Mariott informed Council that an amendment was needed as recommended by City Prosecutor I. C. Smith. to make Section 17-2 ' of the Code of Ordinances more effective. Ordinance No. 5-72 was unanimously placed on first reading, on motion by Mr. Saunders and seconded by Mrs. Martin. 9.a. City Manager Mariott reported to Council that the Planning and Zoning Board, at its February 15, 1972, meeting approved a recommendation that the City Council grant special exception approval to First Federal Savings and Loan Association for the development and use of an employee parking lot on Lots 14 and 15, Block 116. This was reviewed by Council at its February 23, 1972, workshop meeting. Mayor Scheifley requested that the record show that Mr. Saunders abSented himself from the meeting. Mrs. Martin made the .motion, seconded by Mr. Weekes, to grant the special exception for use as a private parking lot for the personnel of the First Federal Savings and Loan Associa- tion on Lots 14 and 15, Block 116, of Delray Beach, said motion being unanimously carried. 9.b. The City Manager explained that the Planning and Zoning Board, at a meeting held on February 15, 1972, unanimously recommended to Council that the site plan for a 160-unit apartment complex located on Tracts 3 and 4, also part of Lake Delray, in the Lake Delray Apartments complex project, be approved subject to the following: (1) The improvement of Dotterel Road prior to issuance of a Certificate of Occupancy for building number four, complete with 24 feet of pavement. (2) Improvement of Audubon Road prior to issuance of Certificate of Occupancy for building number three. (3)2 four cubic yard trash containers per building. (4) Comments shown on the site plan by the Planning Director. Mr. Mariott stated that the Beautification Committee had also recommended approval of th~ ~~m~ Mr. Weekes moved that the Site Plan be approved/ s'-~econd~ed b~'~--'~y-~M~s. Martin, and unanimously carried. 9.c. City Manager Mariott reported to Council that the Planning and Zoning Board, at a meeting held on February 15, 1972, by unanimous vote recommended that City Council approve'a site plan for the construction of a 9-unit development at 1221 N. E. 8 Street, on Lot 6 and South 54.5 feet of Lot 7, Blue Seas, per Pi~t Book 23,~age 185, Public Records of Palm. Beach County. Planned density is approximately 9 units per acre and the allowable density is 38 units per acre. He stated that the Beautification Committee had approved the site plan, subject to certain specified modifications. This matter was reviewed by council at its Febru- ary 23, 1972, workshop'meeting. Mr. Youngblood moved,~ seconded by Mr. Saunders, that the Site Plan be approved, subject to the certain specified modifications made by the Beautification Committee, said motion was unanimously carried. 1977 ~6~ Colonel Poole, of the Planning and zoning Board, requested that the.minutes show that Mr. M. L. Benjamin had objected to the Site Plan approval, but since he has discussed '~. this matter with Mr.~ Benjamin, there is now no objection on his part~ 9.d. The.~City Manager reported that the ?lanning' and Zoning· Board, at a meeting held on February 15, 1972,'rec0mmended approval of a ~ite plan for a 70-unit apartment proje~ct to be located on the Eas~ 1/2 of the NE 1/4 of the NW 1/4 of the SE 1/4 of Section 29-46-43, and Lot 264, Tropic Palms, which~ property lies south of Dotterel Road, subject to the following: (1) Fire prevention facilities as recommended by the City Planner. (2) Inclusion of a sprinkler system. (3) 4 cubic yard trash container for each building. (4) 55-foot diameter cul de sac at the southerly portion of the subject property, (5) No access to Curlew Road. (6) Subdividing the subject property. Planned density is 38 units per acre. City Manager Mariott reported that the Beautification Committee had approved the site plan contingent upon the addition of a sprinkler system by the developer. At a public hearing held by the Planning and · Zoning Board a petition was presented bearing approximately 81 names, requesting that the City rezone the property from RM-1 to single family. This was reviewed by Council at a workshop meeting on February .23, 1972. At that time. Council asked City Manager Mariott-to present two items of information to Council at the-meeting of February 28, 1972. (1) The percentage of property owners in the general area who were opposed to the development as indicated by the signatures on the petition. Mr. Mariott stated that it was approximately a 50-50 proposition. (2) Approximate cost of apartments. 24 apartments - $19,900.00.~ 46 apartments - $24,900.00. Mayor Scheifiey reque, sted'Colonel Poole to clarify the zoning of the property involved. Colonel Poole stated that there was no spot zoning and no rezoning involved in this application. A general 'discussion followed with Mr. Robert Hebner, attorney for the petitioners, asked Council to hear from the objectors, if there were any in the audience. Mr. C. James Tranter, resident of Tropic Palms, representing the Home O~ners Association, which was recently formed, introduced himself to Council, and proceeded to read the Association's list of objections to the Site Plan. Other residents of the Tropic Palms area objected to the Site Plan approval. Mayor Scheifley stated that he was happy to know that a Home Owners Association had been formed and hoped they would attend future meetings. The Mayor invited a representative from the Home Owners Association to attend Council's next meeting with the Citizens Committee on Beach Restoration, if they so desired. Following general discussion Mr. Weekes moved to accept the recommendations of the Planning and Zoning~ Board and. approve said Site Plan. The motion was seconded by Mr. Youngblood and carried unanimouslyl IO.A. Miscellaneous Business. The City Manager reported 'that bids for the first phase of improvements of the tennis courts had been submitted as follows: -7- 2-28-72 Bidder Bid William C. Westervelt & Sons $15,300.00 Hardrives of Delray,' Inc. $15,745.00 The City Manager recommended that Council authorize awarding, the. contract to the low bidder, William C, Westerve~t & Sons, in the amount of $151300.00 for improvements to the tennis courts. It was unanimously passed, upon Mr. Saunders' motion to accept the low bid of William C. Westervelt & Sons, seconded by Mr. Weekes. 10.B. The City Manager presented the following letter, dated February 28, 1972, from Dr. L. T. LaSalle: "I am writing to explain in more detail my telephone request to you on February 22, 1972. Approximately eight years ago, I deeded the City of Delray Beach 166.87 feet of frontage along N. W. 4th Avenue, extending west from N. W. 9th Street. This deeded land was twenty-five feet deep. The problem that I am encountering is that there is a deed restriction on the remaining land preventing my subdividing it in less than one hundred foot lots fronting on N. W. 9th Street. As the enclosed surveys of the land shows, the property a~ it now exists is 1.03 feet short of meeting the deed restriction. The time necessary to change the deed restrictions, if that is possible, would very likely jeopardize the sale. I would appreciate the city's deeding back enough of the land to me to satisfy the deed restriction. The purchaser of the land is willing to reassign this land to' the city after he has taken title. This guarantee could be in the form of a letter of intent or whatever document the city attorney might suggest. I would appreciate, very much, your prompt attention to this request." The city Manager said that he did not know at this time whether this item should be referred to the Planning and Zoning Board or could be handled otherwise; therefore, in the interest of possibly saving time for the applicant, he recommended that this item be referred to the Planning and Zoning Board if it is determined that is needed. If that is not needed, the administration would present it back to Council with the final analysis. It was so moved by. Mr. Saunders, seconded by Mr. Weekes, and unanimously carried. 10.C. The following BILLS FOR APPROVAL were unanimously approve~ for payment on motion by Mrs. Martin and seconded by Mr. Weekes: - General Fund $151,940.27 Capital Improvements Con- struction Trust Fund $ 62,448.23 Sewer Construction Trust Fund $ 39,792.15 'The meeting adj°urned at 9:5~ S HALLIE E. YATES City Clerk -8- 2-28-72 42-A ORDINANCE NO. 2-72. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING THE OPENING, GRADING AND PAVING OF A STRIP TWELVE FEET IN WIDTH, BEING THE SOUTHERLY HALF OF SOUTHWEST SIXTH STREET FROM THE EASTERLY EDGE OF THE EXISTING PAVING OF SOUTHWEST EIGHTH AVE- NUE TO THE WESTERLY EDGE OF THE EXISTING PAVING OF SOUTHWEST FIFTH AVENUE. WHEREAS, 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 a strip twelve feet in width, being the southerly half of Southwest Sixth Street from the easterly edge of the existing paving of Southwest Eighth Avenue to the westerly edge of the existing paving of Southwest Fifth Avenue. WHEREAS, said report and assessment roll was approved by the City Council in regular session on the 24th day of January, 1972, 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 assess- ment roll, and WHEREAS, no sufficient objections were received to the confirma- tion of said assessment roll. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY 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 ~ per annum, the first installment becoming due and payable on March 30, 1972 and on the 30th of March 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 to the same extent as the liens for general City taxes, and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as City taxes are collectible. PASSED in regular se~ssion on second and final reading on this the 28th day of February , 1972. City C!~Yk First Reading February 14, 1972. Second ReadingFebruary 28~.. 1972. 42-B : ORDINANCE NO. 4-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTIONS 27-37 THROUGH 27-40 ABOLISHING THE SEWER ADJUSTMENT ADVISORY BOARD. _ WHEREAS, the city council of the City of Delray Beach' deems it to be in the best interest of the City to dissolve the Sewer Adjustment Advisory Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The SeWer Adjustment Advisory Board is hereby dissolved and abolished. Section 2. The following sections of Chapter 27 pertaining to the Sewer Adjustment Advisory Board are hereby repealed. a. Sec. 27-37. Established. b. Sec. 27-38. Membership. c. Sec. 27-39. Term. d. Sec. 27-40. Meetings. ' Passed and adopted in regular session on this second and final reading on this 28th day of February , 1972. M A Y o ATTEST: . .... City Ci~'. F±r~t Read±~g February ..~, Z9~2. Seoo~ ~e~g ~ebn~a:Z 28r ~972. 42-C RESOLUTION NO. 8-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA TO HOLD A PUBLIC HEARING ON THE ESTABLISHMENT OF A BEACH EROSION CONTROL LINE IN THE CITY OF DELP~AY BEACH AND TO APPROVE THE ESTABLISHMENT OF SAID BEACH EROSION CONTROL LINE. WHEREAS, the shore line of the city of Delray Beach, Florida, has for many years been subjected to the ravages of severe beach erosion; and WHEREAS, the City has spent over $1,000,000 of City funds on beach erosion control within the last six (6) years; and WHEREAS, a much more massive beach erosion control effort must be made in the immediate future if the beaches and the shore line in Delray Beach are to be restored and preserved; and WHEREAS, the City Council of the City of Delray Beach at a meeting held on January 10, 1972, determined by unanimous vote to proceed immediately with the implementation of a beach erosion control program; and WHEREAS, since the date of January 10, 1972, the City has had shore line, sand-search, magnetometer and base line surveys performed, all of which are necessary prerequisites to the implementation of the City's beach erosion control pro- gram; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: That the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida is respectfully requested to hold a public hearing on the establishment of a beach erosion control line in and for the City of Delray Beach, Palm Beach County, Florida, and, following the holding of said public hearing, to approve the establishment of said Beach Erosion Control Line, as reflected on plans prepared by Arthur V. Strock and Associates, Inc., bearing the inscrip- tion "Commission No. 1728". PASSED AND ADOPTED on this 28th day of February, 1972. o ...... ATTEST: City Cle r~.~