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03-13-72 MARCH 13L 1972. 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., 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 Whitney Church of St. Matthew's Episcopal 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 28, 1972, were unanimously approved on motion by Mrs. Martin, seconded by Mr. Youngblood. 4.a. Mrs. Martin reported that she had questioned Police C~ief Croft on the law regarding lights and reflector requirements on bicycles in Delray Beach. She suggested that it be strongly empha- sized to all parents that their children's bicycles are properly equipped. 4.b. Mr. Youngblood requested that the problem of children playing in the streets be investigated. 5.a. Mrs. Dorothea Montgomery, of Delray Beach, asked what the laws are regarding a vehicle turning right on a red traffic light. She referred to signs on northbound Federal Highway at Atlantic Avenue and on Atlantic Avenue approaching northbound Federal Highway from the east. Mayor Scheifley referred the question to City Manager Mariott for study and consideration. 5.b. Mr. Richard Senff reported that he and his wife have been appointed as General Chairmen of the 1972 Delray Affair. He asked for permission to hold this Affair on April 7 and 8, 1972, and re- 'quested the City to block off parking on Atlantic Avenue from the FEC railroad tracks to the Intracoastal Waterway, on N. E. 4th Avenue from Atlantic Avenue to approximately the corner of the News Journal and the MacMillan Buildings; also, the alleyway behind Hand's Book Store from N. E. 4th Avenue to the FEC railroad tracks. Mr. Senff thanked the City for its cooperation in the past seven (7) years. He had a number of requests for City assistance and in conducting the Delray Affair. Mayor Scheifley referred them to the City Manager for his attention, with the exception of one item re- garding a concert by The Symphonic Band of the Palm Beaches, The Atlantic High School Concert Band, and the Atlantic High School Stage Band, which would be held at the City Park on Friday, April 7, 1972, 7:00 P.M., at the City Park. Council had previously agreed, at workshop, to sponsor the concert with the cost of $200.00 to come from the General Fund Contingency Account. Mr. Weekes moved that permission be given to hold the Delray Affair on April 7 and 8, 1972; also, that the City of Delray Beach sponsor the concert to be held on Friday, April 7, 1972, 7:00 P.M., at the City Park, with $200.00 to come from the General Fund Contingency Account for such sponsorship. This motion was seconded by Mr. Saunders and unanimously passed. 6.a. City Manager Mariott stated that on March 22, 1971, City Council approved the execution of an agreement for construction of -1- 3-13-72 sanitary sewer i -lities in Tropic Palms Subdivision. ~e three parties to the a ~ ~ament were First Federal Savings and Loan Association of ~i~i, Dr. Frank Cusumano and the City of Delray Beach. The agreement w~s executed by both First Federal and the City after Council approval, but it had not been executed by Dr. Frank Cusumano and he did not deposit the funds with the City that the agreement called for as his share of the construction cost of the sanitary sewer facilities. The City Manager recommended that Council approve a new agreement containing the same terms and provisions for construction of the sewer facilities as those contained in the agreement prev- iously approved, with the exception that the names Edward Bogen and Frank Todino be substituted for the name of Dr. Frank Cusumano. A general discussion followed, with the City Manager naming the streets and locations involved in this matter. Mr. Saunders made the motion, seconded by Mrs. Martin, and unanimously carried, to approve the new agreement entered into between First Federal Savings and Loan Assoc- iation of Miami, the City of Delray Beach, Edward Bogen and Frank Todino for the construction of sanitary sewer facilities in Tropic Palms Subdivision. (Copy of this Agreement is attached to the official copy of these minutes.) 6.b. The City Manager informed Council that the City presently owns an American LaFrance 1928 model fire truck that is no longer needed or used, and recommended that Council authorize the advertis- ing of this piece of equipment for sale. Mrs. Martin moved that City Council authorize the advertising for sale of the surplus American LaFrance 1928 model fire truck, seconded by Mr. Saunders and unanimously carried. 6.c. The City Manager presented a survey of lands in violation of the City's nuisance laws. Mr. Youngblood moved that the City Clerk be directed to comply with Chapter 15 of the City's Code of Ordinances, as applicable to this survey, the motion being seconded by Mr. Weekes and unanimously passed. 6.d. The City Manager presented the following bids that were received for fencing in connection with the Tennis Court project: Bidder Bid Frank English $ 5,045.00 Clark A. Taylor & Son $11,500.00 He recommended that Council award the fence contract to the low bidder, Frank English, in the amount of $5,045.00. A general dis- cussion followed; and, upon motion made by Mr. Saunders, seconded by Mr. Youngblood, and unanimously carried, it was moved to award the tennis court fence contract to the low bidder, Frank English, in the amount of $5,045.00. Mayor Scheifley reported that he had recently attended a meeting of the Lawn Bowling group that is going to compete in a tournament next week at St. Petersburg. Members of the group ex- pressed their appreciation of the City of Delray Beach to the Mayor and were very grateful for such fine facilities made available to them, and, also, f~r Mr. Elliott's cooperation. -2- 3-13-72 6.e. ~e City Manager presented the following bids that were received for doing the electrical work in connection with the Tennis Court project: Bidder Bid Rigsby's Electric Company $4,825.00. Ledbetter Electric Company $4,997.50 He recommended that Council award the electrical contract to the low bidder, Rigsby's Electric Company, in the amount of $4,825.00. Upon motion duly made by Mr. Weekes, seconded by Mrs. Martin, and unan- imously carried, it was moved to award the electrical contract for work in connection with the Tennis Court project to Rigsby's Elec- tric Company, in the amount of $4,825.00. 7.a. The City Manager reported that a letter had been received from Mr. Robert F. McSweeney requesting that the City provide water service to Del-Raton Mobil Headquarters, located at 3008 South Federal Highway, outside the City limits. Mr. McSweeney introduced himself and then went into further details regarding the requested water service for a travel trailer park. During the general discussion that followed, it was pointed out that if water is furnished, the property should be annexed to the City. Mayor Scheifley said that this would bring up a broader problem that has to be considered and indicated that the City needs some kind of chang'e in ordinances in order to annex trailer parks on a conditional basis until they are phased out. The City Manager said that in the interests of expediting the request that was before Council at that time, and, realizing that Council may not want to annex the property without a recommendation from the Planning and Zoning Board, he suggested that the request for water be referred to a workshop, and the matter of annexation and ordinance change be referred to the Planning and Zoning Board. In answer to a question by Mayor Scheifley, Mr. McSweeney said that they would be happy to annex said property to the City, and it was suggested that he make application the next day for annexation of that property. Upon motion by Mr. Saunders, seconded by Mr. Weekes, and unanimously carried, it was moved to refer the Del-Raton Mobil Headquarters' water service request to an early workshop. Mr. Youngblood then moved to refer this item of annexation to the Planning and Zoning Board for a specific recommendation, and also that said Board make a general study regarding trailer parks and mobile home parks being annexed to the City, with recommendations to Council concerning same. The motion was seconded by Mr. Saunders and unanimously carried. 8.a. The City Manager presented RESOLUTION NO. 9-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH RECOGNIZING AND COMMENDING THE LATE DR. K. M. DAVIS. (Copy of RESOLUTION NO. 9-72 is attached to the official copy of these minutes.) After some discussion, RESOLUTION NO. 9-72 was unanimously passed and adopted on motion by Mr. Saunders, seconded by Mr. Youngblood. Mr. Saunders requested that a copy of Resolution No. 9-72 be sent to the family of Dr. Ko M. Davis. Mayor Scheifley requested that the names of four members of the Council be placed -3- 3-13-72 on Resolution No. 9-72 before it is sent to Mrs. Davis. The City Clerk then read Resolution No. 9-72 to the audience. 8.b. The City Manager presented RESOLUTION NO. 10-72. A RESO~TION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY SEWERS INSTALLED IN THE KEATING-~REDITH PROPERTIES PROJECT NO. 7180-8-CP, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWERS. (Copy of RESOLUTION NO. 10-72 is attached to the official copy of these minutes.) Upon motion of Mr. Weekes, seconded by Mrs. Martin, RESOLUTION NO. 10-72 was unanimously passed. 8.c. City Manager Mariott presented RESOLUTION NO. 11-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE NAME OF SOUTHEAST 12TH STREET AND SOUTHWEST 12TH STREET, LYING WITHIN THE CITY LIMITS, TO LINTON BOULEVARD. (Copy of RESOLUTION NO. 11-72 is attached to the official copy of these minutes.) Mr. Mariott stated that the City Council at its last regular meeting on February 28, 1972, decided to change the name of S. E. and S. W. 12th Street to Linton Boulevard. This was upon the recommendation of the Historical Society of Delray Beach and the Planning and Zoning Board. A Public Hearing was held, and there were no objections to said street name change. A general discussion followed and Resolution No. 11-72 was unanimously passed and adopted on motion of Mrs. Martin, seconded by Mr. Youngblood. X. Mr. Weekes mentioned the possible name change of Atlantic Avenue to Atlantic Boulevard, as suggested by Attorney John Ross Adams, President of the Board of Directors of the Delray Beach Historical Society. Mr. Youngblood said he felt it would avoid confusion if the change was made. It was suggested that this request be discussed at workshop. The City Manager recommended that this matter be referred to the Planning and Zoning Board for its recommendation. It was so moved by Mr. Saunders, seconded by Mr. Youngblood and unanimously carried. 8.d. The City Manager presented ORDINANCE NO. 3-72. 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 THE NORTH-SOUTH SIXTEEN (16) FOOT ALLEY IN BLOCK 1, ROSEMONT PARK SUBDIVISION TO A WIDTH OF SIXTEEN (16) FEET. (Copy of Ordinance No. 3-72 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. Mr. I. C. Spivey, 606 S. W. 4th Avenue, Delray Beach, again stated the objections the people involved had -4- 3-13-72 regarding this assessment. A general discussion followed, and said Ordinance was passed and adopted on this second and final reading, on motion by Mr. Saunders, seconded by Mr. Youngblood. Upon Call of Roi1, Mr. Saunders, Mr. Weekes, Mayor Scheifley and Mr. Youngblood voted in favor of the motion and £,'irs. ~'lartin was opposed. During discussion it. was pointed out that this alley dead- ended at the north end instead of opening into an improved street. Mr. Weekes asked if it would be feasible to pave this alley through to another street, and, if so, how far would it have to be extended. The City Manager said that would have to be investigated to determine if it would be feasible, and, if there are private properties adjacent to it that would be involved, then a determination could be made by submitting a petition to those parties to determine whether or not they wanted to have it paved and be assessed for same. He said that could be checked out and the feasibility determined. The City Manager was asked to pursue that possibility. 8.e. The City Manager presented ORDINANCE NO. 5-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17, "OFFENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 1'7-2, "ASSAULT AND BATTERY", BY INCLUDING THE WORDING "OR NEAR ANY DWELLING OR OTHER PRIVATE BUILDING". (Copy of Ordinance No. 5-72 is attached to the official copy of these minutes.) A Public Hearing having been legally advertised in com- pliance with the laws of the State of Florida and the Charter of the City of Delray Beach, was held, and there being no objection to Ordinance No. 5-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Saunders and seconded by Mr. Youngblood. 8.f. The City Manager presented ORDINANCE NO. 6-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15C-7 PERTAINING TO PLAN APPROVAL FOR VEHICULAR USE AREAS, ESTABLISHING PERMIT FEE AND MINIMUM STANDARDS OF CONSTRUCTION FOR VEHICULAR USE AREAS. The City Manager stated that Ordinance No. 6-72 establishes standards and fees for the development of vehicular use areas, including parking lots and driveways in connection therewith. Presently the City does not have an ordinance that specifies the standards to which parking lots must be constructed. Ordinance No. 6-72 was unanimously placed on first reading, on motion by Mr. Saunders and seconded by Mr. Weekes. Mayor Scheifley requested the City Manager to send a copy of this Ordinance to the Beautification Committee. 9. Reports. None. 10.a. Miscellaneous Business. The City Manager presented RESOLUTION NO. 12-72. -5- 3-13-72 RESOLUTION OF THE CITY OF DEL~%?£ BEACtI, FLORIDA, RECOMMENDING THAT TELEPRO~PTER CABLE TV BE ALLOWED TO INCLUDE TtiANSMISSION OF ALL OF TIlE MIlk'II TELEVISION STATIONS INTO THE DELRAY BEACH AREA. (Copy of RESOLUTION NO. 12-72 is attached to the official copy of these minutes.) Following a general discussion, RESOLUTION NO. 12-72 was unanimously passed and adopted on motion by Mr. Weekes and seconded by Mr. Saunders. 10.b. The City Manager reported he had received a request from Mr. Samuel Ogren, Jr., dated March 9, 1972, on behalf of Dr. Russell Wright, who requested a permit be issued for a construction and sales trailer at 1225 South Federal Highway, Delray Beach. Mr. Mariott recommended that this matter be referred to the Planning and Zoning Board for study and recommendation. It was so moved by Mr. Saunders, seconded by Mr. Youngblood, and unanimously carried. 10.c. The City Manager reported that the Mayor had received a letter dated March 9, 1972, from Governor Askew requesting the City Council to take action by the enactment of a Proclamation in support of the Governor's Highway Safety Committee with respect 'to traffic safety and an attempt to reduce fatalities in the State of Florida. (Copy of this PROCLAMATION is attached to the official copy of these minutes.) Mr. Weekes moved to approve the Proclamation relating to ARRIVE ALIVE program in the State of Florida, seconded by Mr. Youngblood, and unanimously passed. 10.d. The City Manager stated that the matter of the railroad crossing at S. E. 1st Street across the FEC railroad tracks had been discussed by Council for over a year. At a workshop meeting that was held some time ago, it was decided to take action at this Council meeting that the City Attorney be authorized to institute condemnation proceedings that would lead to the opening of the railroad crossing at this location. Mr. Mariott reported on the present status of the situation, also the angle crossing at Swinton Avenue. City Attorney Fellows stated that no written report had been received from the Downtown Development Authority substantiating the request for the institution of condemnation pro- ceedings. He suggested that it be referred to the Planning and Zoning Board for approval of its report and additional supplement. He said the request has to be set out in great detail in order to establish the need for the condemnation proceedings. Reports from the Downtown Development Authority and the Planning and Zoning Board are essential before any action is taken by the Council. A general discussion followed. Mayor Scheifley referred this matter to the City Manager and asked him to first obtain a detailed request from the Downtown Development Authority and then give this request to the Planning and Zoning Board for its study, comments and sup- plemental report. 10.e. Regarding the Beach Erosion Project, the City Manager informed Council that he had received a letter from Congressman Paul Rogers which stated that he had been in contact with the Corps of Engineers with respect to Delray Beach's best interests. It also concerned the City's Application to the Court for approval of the project and for Federal aid. -6- 3-13-72 The City Manager read excerpts from letters he had recently received from Congressman Paul Rogers, Senator Gurney and Mr. Ramos of the Department of Transportation regarding the Beach Erosion Project. Mayor Scheifley reminded Council of a special meeting on Thursday, March 16, 1972, at 12:00 noon, for the purpose of can- vassing the returns of the March 14, 1972, Bond Referendum. 10.f. The following Bills for Approval were unanimously approved, upon motion by Mr. Weekes, seconded by Mr. Youngblood: General Fund $202,717.31 Sinking Fund, Cigarette Tax Bonds, Series 1965 $ 22,915.00 Cigarette Tax Fund $ 40,047.72 Utilities Tax Revenue Fund $ 25,440.00 The meeting adjourned at 9:05 P.M. HALLIE E. YATES City Clerk APPROVED: -7- 3-13-72. PROPERTIES IN VIOL~TION OF ORDINAi~CE ?,.~O. G-147 AND~,~.~.~I~'*~__v,. 15-3 OF T.qE CIT'f ,.ODE CITY OWNER AND ADDRESS PROPERR~f DESC!TiPTION CODE Dr. Donald J. Taylor Lots 14'and 15, ~lock 63 P. O. Box 186 (225-227 S. W. !st Avenue) · Chitt'enango, New York 13037 1.5-3 2. Alexander Simon Eassa 'Lot 32, Block 9 P. O. Box 35 Dell Park Delray Beach, Florida 33444 (902 N. E. 3rd Avenue) 15-3 Willie and Lillian Mitchell Lot 5, Block 3 117 S. W. 13th Avenue Atlantic Park Gardens Delray Beach, Florida 33444 (117 S. W. 13th Avenue) (Improved property) 15-3 Violations 15-3 as concerns this report .are as follows: 1_~_. 15-3 - Overhanging trees - City Parks Department unable to mow beneath trees. 2. 15-3' - Trees overhanging street. .3,,~ 15-3 - Piles of wood and other debris. Submitted to the City Council by the City Manager on this the 13th day of . March, 1972. 50-A ORDINANCE NO. 3-72. 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 THE NORTH- SOUTH SIXTEEN (16) FOOT ALLEY IN BLOCK 1, ROSEMONT PARK SUBDIVISION TO A WIDTH OF SIXTEEN (16) FEET. 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 the North- South sixteen (16) foot alley in Block 1, Rosemont Park Subdivision to a width of sixteen (16) feet. 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 ob- jections to said assessment roll, and WHEREAS, no sufficient objections were received to the confirmation 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 assess- ment roll which is attached hereto and made a part hereof, are hereby levied against the properties shown and in the amounts stat- ed 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 April 12, 1972, and on the 12th of April 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 penal- ties and under the same provisions as to sale and forfeiture as City taxes are collectible. PASSED in regular session on second and final reading on this the 13th day of March , 1972. ATTEST: City Clerk/// First Reading February 28, 1972. Second Reading March 13, 1~72 50-B ORDINANCE NO. 5-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~MENDING CHAPTER 17, "OFFENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 17-2, "ASSAULT A/~D BATTERY", BY INCLUDING THE WORDING "OR NEAR ANY DWELLING OR OTHER PRIVATE BUILDING" WHEREAS, the City Council of the City of Delray Beach, on advice of its City Prosecutor, deems it to be in the best interest of the City to redefine the offense of Assault and Battery; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Sec. 17-2, Assault and Battery, of Chapter 17, Offenses, is hereby amended to read as follows: "Sec. 17-2. Assault and Battery. No person shall disturb the public peace by committing any assault or any assault and battery upon any person or persons in any street, square or other public place, or place of general resort within the city limits, or in or near any dwelling or other private building, when such assault or assault and battery therein committed shall tend to disturb any person or persons residing or being in the vicinity of such private house or building." Section 2. The provisions of Sec. 17-1 Code of Ordinances shall apply to Sec. 17-2 as amended above. PASSED AND ADOPTED in regular session on this second and final reading on this 13th day of March , 1972. ATTEST: City Clerk First Reading Februar~ 28~ 1972. Second Reading. March 13, 1972. 50-C RESOLUTION NO. 9-72. A RESOLUTION OF THE CI~ COUNCIL OF THE CITY OF DELRAY BEACH RECOGNIZING AND COMMENDING THE LATE DR. K. M. DAVIS. WHEREAS, Dr. K. M. Davis had been a practicing physician in the City of Delray Beach, Florida, for twenty- nine ~(29) years ending in 1954; and, WHEREAS, during said time he had rendered outstand- ing service and had endeared himself to the citizenry of Delray Beach through the delivery of approximately 2,500 t)abies; and WHEREAS, Dr. Davis had been for many years Health Officer for the City of Delray Beach, and had served with distinction in said capacity without remuneration; and WHEREAS, Dr. K. M. Davis continued to live in Delray Beach and maintained an active role in the development of the community until moving to Fort Walton Beach, Florida, a year before his death on February 23, 1972; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That the City Council does hereby recognize and commend Dr. K. M. Davis, deceased, for his outstanding contribution' to the citizenry of Delray Beach for personal services rendered his many friends and patients and for his public service rendered the City as Health Officer and as an active citizen. 2. That a copy of this Resolution be for- warded to Mrs. Leila Davis, Dr, Davis' widow, and a copy be spread on the minutes of Council. THIS RESOLUTION ADOPTED AND PASSED THIS !3th day of March , 1972. ATTEST: City Clerk / 50-D RESOLUTION NO. 10-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY SEWERS INSTALLED IN THE KEATING- MEREDITH PROPERTIES PROJECT NO. 7180-8-CP, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWERS. WHEREAS, Russell and Axon, Consulting Engineers for the above sewer project, No. 7180-8-CP, have certified as opera- tional all sanitary sewers and related facilities as shown on the plans for said sewer project as presented by the Consulting Engineers, Russell and Axon, and previously approved by the City of Delray Beach; and, WHEREAS, the sewers and facilities in the said Keating- Meredith Properties Sanitary Sewer Project have been inspected and approved by personnel of the Delray Beach Public Utilities Depart- ment, Sewers Division; and, WHEREAS, it is deemed to be in the best interests of the affected properties that the initial schedule of rates, fees and other charges to be imposed for the services and facilities furnished by the sewer system, as set forth and contained in Resolution No. 1359, and in Article III, Sanitary Sewerage, Chapter 27, of the Code of Ordinances of the City· are to become effective the 1st day of April, 1972· NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: 1. That all sanitary sewers and related facilities installed in the Keating-Meredith Properties Sanitary Sewer Project No. 7180-8-CP are hereby accepted by the City as being operational and the initial schedule of rates, fees and other charges previously established, and applicable thereto, shall become effective April 1, 1972. 2. That nothing herein containe~ shall be construed as discharging the contractor from the strict performance of his - remaining contractual duties. That the contractor, and his bonding companies, remain responsible in all respects until released in accordance with his contractual agreement· PASSED AND ADOPTED this 13th day of March 1972 / ATTEST: City Cle~r~~ 50-E RESOLUTION NO. 11-72; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE NAME OF SOUTHEAST 12TH STREET AND SOUTHWEST 12TH STREET, LYING WITHIN THE CITY LIMITS, TO LINTON BOULEVARD. WHEREAS, Southeast 12th Street and Southwest 12th Street have been named and do not conform to the street numbering system; and, WHEREAS, it is desirous to eliminate the confusion created by such numbering; and, WHEREAS, the present Southeast 12th Street and Southwest 12th Street are predicted to become major thoroughfares in the City of Delray Beach, Florida; and, WHEREAS, as major thoroughfares the use of a name instead of a number is more desirable; and, WHEREAS, the historical name of Linton Boulevard be preserved with the City of Delray Beach, Florida; and WHEREAS, a Public Hearing on the name change was advertised and held on March 13, 1972; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That the name of Southeast 12th Street and Southwest 12th Street lying West of State Road 5 (U.S. ~1) and extending in a Westerly direction to the intersection of the center line of said Southwest 12th Street and Germantown Road, in Section 24, Township 46 South, Range 42 East, be and the same is hereby changed to Linton Boulevard. 2. The City Administration will provide copies of this Resolution to County Commission, Delray Beach Post Office, the Department of Transportation, SUpervisor of Elections, and Palm Beach County Area Planning Board. PASSED AND ADOPTED on this 13th .day of March , 1972. ATTEST: City Clerk / 50-F RESOLUTION NO. 12-72 RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING THAT TELEPROMPTER CABLE TV BE ALLOWED TO INCLUDE TRANSMISSION OF ALL OF THE MIAMI TELEVISION STATIONS INTO THE DELRAY BEACH AREA. WHEREAS, the City Council of the~City of Delray Beach, Florida, has granted to TelePrompTer a franchise to furnish cable television to the residents of the City of Delray Beach, Florida; and, WHEREAS, it has been brought to the attention of the City Council that Station WPTV, Channel 5, has protested to the Federal Communications Commission the request by TelePrompTer to transmit all Miami TV stations into the Delray Beach area; and, WHEREAS, it is the opinion of the City Council that the majority of residents of the City are desirous of having as many stations as possible transmitted into the area through cable television; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. The City Council of the City of Delray Beach, Florida, strongly recommends that TelePrompTer Cable TV be given the right to include as many stations as technically feasible for transmission into the Delray Beach area including, but not limited to, all of the Miami television stations. 2. That a copy of this Resolution be sent to the offices of Station WPTV, Channel 5, the Federal Communications Commission, Congressman Paul Rogers, Senator Lawton Chiles, and Senator Edward J. Gurney. PASSED AND ADOPTED this 13th day of March, 1972. ATTEST: Cler~ 50-G PROCLAMATION WHEREAS, the State of Florida is known throughout the nation as the ARRIVE ALIVE State; and, WHEREAS, during the year 1971, the State of Florida experi- enced 2,364 traffic fatalities, the greatest number in its history; and, WHEREAS, six (6) of these deaths were recorded in the City of Delray Beach, Florida, wherein we reside; and, WHEREAS, we personally and as a governmental body mourn each and every death that has occurred on our streets and highways; and, WHEREAS, many of the citizens of the City of Delray Beach are aware of and express their support of highway safety and awareness by displaying an emblem declaring ARRIVE ALIVE on their vehicles; and, WHEREAS, the State of Florida, in cooperation with the United States Secretary of Transportation, has created a highway safety program designed to save the lives of those we love; and, WHEREAS, the Governor of the Great State of Florida and the Governor's Highway Safety commission have a great and continuing in- terest in our safety and well-being and expresses this through the ARRIVE ALIVE program; NOW, THEREFORE, be it resolved that we shall support the Governor, the State of Florida and the Governor's Highway Safety Commission in accomplishing the goal of reducing traffic fatalities on the highways of Florida and, in particular, those streets and roads in our City of Delray Beach; BE IT FURTHER RESOLVED that we shall use our influence as Mayor and City Council of this City of Delray Beach to encourage each and every resident and visitor to fully support the Governor and his valiant efforts in behalf of all our citizens to ARRIVE ALIVE; and, therefore, BE IT RESOLVED that through our own actions and driving habits, we will endeavor to drive, walk and ride in a manner that. will reflect our concern for highway safety and use the prestige of our elected offices to encourage each and every citizen of this City to follow this example and ARRIVE ALIVE. Motion approving this Proclamation was unanimously passed by the City Council of the City of Delray Beach this 13th day of March, 1972. ".. M-A 0 / V~ /~ Vice Mayor ~~~)un~_il Me'm~e ~ ~/ Cou~cil Member