03-27-72 5~ARCH 27~ 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 Louise C.
Earle of Unity of Delray Beach.
_2. The Pledge of Allegiance to the Flag of the United States
of America was then given.
The minutes of the regular meeting of March 13, 1972, and
the special meeting of March 16, 1972, were unanimously approved on
motion by Mrs. Martin, seconded by Mr. Saunders.
4.a. Mr. Weekes expressed his concern regarding the repeated
inoperabiiity of the Atlantic Avenue bridge. City Manager Mariott
reported on his recent conversation with Mr. William P. Hill, P.E.,
of the County Engineer's Office, during which it had been determined
that the maintenance of this bridge is the County's responsibility.
He stated that two employees of the County Engineer's Office had
investigated the problem and reported to the City Manager that they
expected it would take approximately two days to repair the bridge.
Following a general discussion, during whick scheduled openings of
the bridge was brought up, Mayor Scheifley recommended that this
matter be discussed further at the next workshop meeting.
~.b. Mayor Scheifley asked F. Eugene Bates, Junior Vice Com-
mander of the Veterans of Foreign Wars, O'Neal-Priest Post 4141,
and Chairman of "Poppy Day" in Delray Beach, to come to the Council
table. The Mayor presented him with a Proclamation dated March 27,
1972, proclaiming April 7 and 8, 1972, as "Buddy Poppy Days" for
the purpose of collecting funds by that V.F.W. Post and its Auxiliary.
Mr. J. Watson Dunbar, Secretary of the Beach Property
Owners Association, Inc., suggested that a petition regarding the
Atlantic Avenue bridge problem be formulated, circulated, and then
forwarded to the proper authorities. Mayor Scheifley and Council
members approved of his suggestion and recommended that a number
of groups join together and instigate the filing of such a petition.
Mr. Dunbar then explained the traffic problem at N. E. Sth
Street and Andrews Avenue. City Manager Mariott stated that a
policeman would be assigned to that location.
Mr.. Ernest Schier, 1017 Bay Street, reported on a recent
traffic situation in which he was involved and also expressed his
views regarding the Atlantic Avenue bridge situation.
Mrs. Dorothea Montgomery suggested that the Easter Sunrise
Services be scheduled at a different location, the City Park,
because of the bridge problem. Reverend Earle offered to contact
the Ministerial Association regarding this suggestion.
6.a. The City Manager reported that the City does not yet have
an executed City - School Work Program Agreement for the term
October 1, 1971, through June 30, 1972, due to the fact that there
were two proposed changes in the Agreement to which the City had
objected. One was the pay rate per hour, from $1.00 to $1.25, and
the other was the "hold harmless" provision in Paragraph No. 4 of
3-27-72
the proposed Agreement. City Manager Mariott recommended that
City Council approve the Agreement, subject to the Civ. y Attorney's
approval of the final wording of Para~3raph 4t '~hold harmless"
clause. He stated that, if the Agreement was not executed in the
near future, this matter would be brought hack to the City Council
at the next meeting. Mr. Saunders made a motion to that effect,
seconded by Mr. Weekes, and unanimously carried.
6.b. The City Manager reported that -~.t had been decided, at
the workshop meeting on March 21, 1972, to appoint the following
persons to serve as members of the Citizens~ Committee on Beach
Re storation:
Mrs. Frank Carey
Mr. Robert Chapin
Mr. F. P. Hogan
Mr. Simon Barnes
Mr. Marshall DeWitt
Dr. Carl C. Carter
Mr. Douglas T. Hopkins
He read their specific duties from a proposed Motion prepared by
City Attorney Fellows as follows:
1. To work with the City Administration, the Consulting
Engineer and the City Council on the Beach ~estoration
Project in an advisory capacity.
2. To report to Council on such matters that they deter-
mine should be presented.
3.To organize themselves with a Chairman and Secretary.
4.To organize immediately.
5.To be automatically dissolved upon the completion of
the construction of the Beach Restoration Project.
6. If a vacancy occurs on the committee, for any reason,
Council shall appoint a replacement.
Mr. Youngblood moved that the Citizens~ Committee on Beach Restora-
tion as named be accepted, the motion also to include specific
duties and responsibilities as were read to Council by the City
Manager and listed herein. The motion was seconded by Mrs. Martin
and unanimously passed.
6.c. City Manager Mariott stated that Mr. Robert McSweeney
had previously requested the City to provide water service to Del-
Raton Mobil Headquarters, 3008 South Federal Highway, which is
outside the City. He recommended that Council authorize, by motion,
the furnishing of water service, as requested, subject to the follow-
ing terms: ~-~.
1. Installation of a 2" meter to serve the subject
property on a bulk rate basis - $380.00 connection
charge plus $40.00 meter deposit.
2. Installation of a backflow preventor at the appli-
cant's expense (estimated cost - $200.00).
3. The rate to be charged for service shall be 125%
of the rate for service to properties inside the
City.
Mr. McSweeney said the terms were agreeable to him. After a general
discussion regarding trailer parks and related matters, Mr. Saunders
moved that the recommendation of the City Manager be accepted. Mr.
Youngblood seconded the motion, which was unanimously passed.
6.d. The City Manager reported that the 4-year term of Mr.
J. T. McMurrain on the Civil Service Board expires on April 1, 1972.
Mr. Youngblood moved that Mr. Robert Kinkead be appointed to serve
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3-27-72
a 4-year term on the Civil Service Eoard, said term to expire on
April !, 1976~ seconded by ~r. Saunders, and unanimously carried.
7.a. Mayor Scheifiey acknowled~ged receipt of the minutes of the
Beautification Committee meeting held on March !, 1972. Following
discussion of a request by that Committee, Mr. Weekes moved that the
Planning and Zoning Board be requested to look into the possibility
of establishing bicycle paths in the City of Delray Beach and report
back to City Council. %~ne motion was seconded by Mrs. Martin, and
unanimously passed.
7.b. The City Manager recommended that a request received from
McKeon Construction Company for permission to use a mobile home
temporarily as an office adjacent to 2098 Cathrine Drive, located
in Delray Estates, which Subdivision is North of Linton Boulevard
(S. W. 12th Street) and West of Congress Avenue, be referred to the
Planning and Zoning Board for study and recommendation as provided
by ordinance. Mrs. Martin so moved, seconded by Mr. Youngblood,
and unanimously carried.
7.c. The City Manager reported that Mr. Matthew M. Mitchell,
representing the Delray American Little League organization, had
requested permission to solicit funds on April 1, 1972. These funds
are to be used in connection with the Little League program. The
Solicitations Committee had reviewed this request and unanimously
recommended approval. Mr. Saunders moved to approve this request,
seconded by Mr. Youngblood, and passed unanimously.
7.d. City Manager Mariott stated that a request had been
received from Rev. Harold Norman for a permit to erect a 40' x 60'
tent on property located on West Atlantic Avenue (Lots 4 and 5,
Block 2, Atlantic Pines) for the purpose of conducting a religious
revival during the period from April 3rd through 17th, 1972. He
stated that all requirements have been met and re, commended approval
of this request. Upon motion by Mr. Youngblood, seconded by Mr.
Saunders, it was unanimously moved to grant this request.
8.a. The City Manager presented RESOLUTION NO. 14-72, and
read the caption in full.
A RESOLUTION PROVIDING FOR THE ISSUANCE OF
$2,000,000 BEACH IMPROVEMENT BONDS OF THE CITY
OF DELRAY BEACH, FIXING THE ~.~ATURITIES, FO~
AND OTHER DETAILS OF SAID BOARDS AND PROVIDING
FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST
THEREOF.
(Copy of Resolution No. 14-72 is attached to the official copy of
these minutes.) See:pages 58 C-K
A copy of this Resolution had been posted previously on
the bulletin board in the City Hall by the City Clerk.
After a brief discussion, Resolution No. 14-72 was
unanimously passed and adopted on motion by Mr. Saunders, and
seconded by Mr. Youngblood.
8.b. 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
PERTAINI~G TO PLAN APPROVAL FOR VEHICULAR USE
AREAS, ESTABLISHING PERMIT FEE AND MINIMUM
STANDARDS OF CONSTRUCTION FOR VEHICULAR USE
AREAS.
-3-
3-27-72
(Copy of Ordinance No. 6-72 is attached to the official copy of
these minutes.) See: Pages 58 A-B
At the last regular' meeting on March 13, 1.972, City
Council recommended that Ordinance No. 6-72 be referred to the
Planning and Zoning Board and the Beautification Committee. The
Planning and Zoning Board recommended that a provision be inserted
in the Ordinance that would guarantee the stability of the base on
which a parking lot is paved. The City Attorney read the suggested
insertion in Section l(c)(3), which states as follows:
"Elevation, grading and preparation of subgrade
shall be approved by the City Engineer prior to
application of paving materials."
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. 6-72, said Ordinance was unanimously passed and
adopted on this second and final reading, as amended, on motion
of Mrs. Martin, seconded by Mr. Youngblood.
9.a. The City Manager reported that the City had received an
Environmental Award for the closing of the City's garbage dump
from an environmental organization called Mission 5000. Only two
cities in the State of Florida, Delray Beach and Boca Raton, have
received this award. The Award reads as follows:
"This certificate acknowledges the contribution of
J. Eldon Mariott, City Manager, City of Delray
Beach, to Mission 5000. By improving your solid
waste disposal methods, you have helped to
protect the environment."
Mayor Scheifley expressed the Council's appreciation of receiving
the Award on behalf of the City of Del. ray Beach.
10.b. The following BILLS FOR APPROVAL were unanimously approved
for payment on motion by Mr. Saunders and seconded by Mr. Youngblood:
General Fund ........................... $ 126,851.31
Capital Improvements Construction
Trust Fund ..................... $ 84,309.30
The meeting adjourned at 8:25 P.M.
HALLIE E. YATES City Clerk
APPROVED:
AYOR
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3-27-72
58A
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.
WHEREAS, the City Council of the City of Delray Beach, deems
it to.be in the best interests of the City to establish a fee for
permits for vehicular use areas and the establishment of con-
struction standards for such parking lots;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Sec. "15C-7, Plan Approval" of Chapter 15C,
Landscaping, is hereby amended to read as follows:
"Sec. 15C-7. Plan Approval.
(a) Except for single family dwellings, prior to the
issuance of any permit for paving which is included under
the provisions of this ordinance (chapter), a plot use
plan shall be submitted to and approved by the agency
charged with the issuance of building permits, subject to
the review and approval of such other agencies as may be
deemed advisable by the building permit agency. The plot
plan shall be drawn to scale, including dimensions and
distances, and clearly delineate the existing and pro-
posed parking spaces, or other vehicular use areas,
access aisles, driveways, sprinklers or water outlet
locations, and the location, size and description of all
other landscape materials, the location and size of build-
ings if any to be served, and shall designate by name and
location the plant material to be installed or, if existing,
to be used in accordance with the requirements hereof. No
permit shall be issued for such building or paving unless
such plot plan complies with the provisions herein.
(b) The fee for the issuance of a permit in compliance
with Chapter 15C shall be as follows: For the area to be
covered for vehicular use areas with blacktop or paving,
for the first 1,000 square feet, $6.00; each additional
1,000 square feet, $2.00.
(c) The minimum standards of construction for the
covered area shall be as follows:
(1) Blacktop.
(a) 6" rock rolled.
(b) 1" asphalt.
(c) Clean and graded subgrade.
(2) Concrete slab.
(a) 4" of 2,500 p.s.i, concrete reinforced
with 6" x 6" number 10 x 10 roadmesh.
(b) Clean and graded subgrade.
(3) Elevation, grading and preparation of subgrade
shall be approved by the City Engineer prior to
application of paving materials."
58B
Page 2. ORDINANCE NO. 6-72.
Section 2. This ordinance is deemed cumulative and sup-
plemental to any other ordinances heretofore enacted, unless in
conflict, in which case such portions of any ordinance conflicting
herewith are hereby repealed.
Section 3. Separability. If any ~section, subsection,
sentence, clause, phrase, or portion of this chapter is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
PASSED in regular session on the second and final reading on
this 27th day of March , 1972.
ATTEST:
City Clerk//
First reading March 13~ 1972.
Second reading March 27, 1972.
· --2--
58C
REso.%Ef. o. z -72
A RESOLUTION PROVIDING FOR THE ISSUANCE
0F $2,000,000 BEACH IMPROVEMENT BONDS
OF THE CITY OF DELRAY BEACH, FIXING THE
MATURITIES, FORM AND OTHER DETAIL$ OF
SAID BONDS AND PROVIDING FOR THE PAYMENT
OF THE PRINCIPAL AND INTEREST THEREOF.
WHEREAS, there was duly submitted to the quali-
fied electors residing in the City of Delray Beach at an
election held on the 14th day of March, 1972, the ques-
tion of the issuance of bonds of the City in the principal
amount of $2,000,000 for the purpose of financing the cost
of the construction and acquisition of beach improvements
in said City, and purposes necessary or incidental thereto;
and
W~EREAS, at said election the issuance of said
bonds for said purposes was duly approved by a majority of
the votes cast in said election, in the manner provided in
the Constitution and Statutes of the State of Florida, now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That for the purpose of providing funds
to finance the cost of the construction and acquisition of
beach improvements in said City, as described in the Resolu-
tion calling said bond election, and other purposes appur-
tenant, necessary or incidental thereto, there shall be is-
sued bonds of the City of Delray Beach in the aggregate
-1-
58D
principal amount of not exceeding Two Million Dollars
($2,000,000), pursuant to the Charter of said City, con-
stituting Chapter 25786, Laws of Florida, Acts of 1949,
as amended and supplemented, and other applicable statutes.
Said bonds shall be designated "Beach Improvement Bonds",
shall be dated February 1, 1972, shall be in-the denomina-
tion of Five Thousand Dollars ($5,000) each, shall be num-
bered from 1 to 400, both inclusive, and shall bear inter-
est at a rate or rates not exceeding the maximum legal rate
permitted by law, payable on February 1, 1973 and thereafter semi-
annually on August 1st and February 1st of each year. Said
bonds shall mature in numerical order on February 1st of
each year as follows:
197 $ 25,000
1975 30,000
1976 30,000
1977 30,000
1978 35,000
1979 35,000
198o 4o,ooo
1981 ~0,000
1982 40,000
1983 ~5,000
1984 50,000
1985 50,000
1986 55,000
1987 60,000
1988 60,000
1989 65,000
1990 70,000
1991 75,000
1992 80,000
1993 80,000
1994 85,000
1995 95,000 _
1996 100,000
1997 105,000
1998 110,000
1999 115,000
2000 125,000
2001 130,000
2002 140,000
Resolution No. 24-72 -2-
58E
Section 2. Said bonds shall be executed in the
name of the City by its Mayor and its corporate seal or a
facsimile thereof shall be affixed thereto or reproduced
thereon and attested by its City Clerk. The facsimile
signatures of said Mayor and City Clerk may be imprinted
or reproduced on said Bonds, provided that either the Mayor
or City Clerk shall manually apply his signature on said
bonds. The coupons attached to said bonds and validation
legend appearing on each of said bonds shall be authenti-
cated with the facsimile signatures of the present or any
future Mayor and City Clerk.
The principal of and interest on said
bonds shall be payable in lawful money of the United States
of America at The Chase Manhattan Bank (N.A.) New York, New
York, and said bonds may have such provisions for prior re-
4emption as shall be hereafter determined.
Section 3. That said bonds shall be registerable
as to principal only or as to both principal and interest
in the manner hereinafter provided in the form of said bonds.
Section 4. That said bonds and the certificate of
validation to be printed on the back thereof shall be sub-
stantially in the following form:
Resolution No. 1~-72 -3-
58F
No. UNITED STATES OF AMERICA $5,000
STATE OF FLORIDA
COUNTY OF PALM. BEACH
CITY OF DELRAY BEACH
BEACH IMPROVEMENT BOND
KNOW ALL MEN BY THESE PRESENTS that the City of
Delray Beach, in the County of Palm Beach, a municipal cor-
poration of the State of Florida, for value received, here-
by acknowledges itself to be indebted and promises to pay
to bearer, or if registered to the registered holder hereof,
the sum of
FIVE THOUBAND DOLLARS
in lawful money of the United States of America at The Chase
Manhattan Bank (N.A.), New York, New York, on the first day
of February, 19 , with interest thereon at the rate of
per centum ( ) per annum, payable
in like lawful money at the same place on February 1, 1973
and semi-annually thereafter on the first day of February
and the first day of August in each year, until the payment
of the said principal sum, upon presentation and surrender
of the annexed coupons as they severally become due, or if
this bond is registered as to principal and interest to the
registered holder at the request of the holder.
(Here insert redemption provisions if any)
This bond is one of an issue of bonds of like date,
amount and tenor, except as to interest rate and maturity,
amounting in the aggregate to not more than $2,000,000 and
is issued for the purpose of paying the cost of the construc-
tion and acquisition of beach improvements in said City, and
related purposes, pursuant to the Constitution and statutes
of the State of Florida, including particularly the Charter
of said City, the same being Chapter 25786, Laws of Florida,
Acts of 1959, as amended and supplemented, and pursuant to
the approval of the qualified electors of said City at an
election duly called and held, and pursuant to a resolution
duly adopted by the City Council of said City.
It is hereby certified and recited that all acts,
conditions and things essential to the validity of this bond
exist, have happened and have been done, and that every
requirement of law affecting the issue thereof, has been
Resolution No. 14-72 '~'
58G
duly complied with and that this bond is within every debt
and other limit prescribed by the Constitution and Laws of
said State; that the full faith and credit of the City of
Delray Beach, in the County of Palm Beach, Florida, are
hereby irrevocably pledged for the punctual payment of the
principal and interest of this bond according to its terms;
and that provision has been duly made for the levy and
collection of a direct annual tax without limit as to rate
'or amount, upon all taxable property within said City suf-
ficient to pay the principal of and interest on this bond
as the same shall become due.
This bond may be registered as to principal only
or as to both principal and interest in the manner provided
on the back of this bond.
IN WITNESS WHEREOF the City of Delray Beach, in
the County of Palm Beach, Florida, has caused this bond to
be issued by its Mayor, either manually or with his fac-
simile signature and its corporate seal to be hereunto
affixed or impressed or imprinted hereon, and attested by
its City Clerk, either manually or with his facsimile sig-
nature, and the coupons hereto affixed to be signed by the
facsimile signatures of said Mayor and City Clerk, which
signatures are hereby confirmed, and this bond to be dated
the first day of February, 1972.
CITY OF DELRAY BEACH, FLORIDA
Mayor
o
ATTEST:
City Clerk
Resolution No. 15-72 -5-
5'8H
No. COUPON $
The City of Delray Beach, in the County of Palm
Beach, Florida, will pay to bearer
Dollars ($ ) on
.the first day of '~ 19 , in lawful money of the
United States of America, at The Chase Manhattan Bank,
(N.A.), New York, New York, being six months interest due -
that day on its Beach Improvement Bond, dated February 1,
1972, No. .
CITY OF DELRAY BEACH, FLORIDA
By _
· ~ MayOr
City lerk
CERTIFICATE OF VALIDATION
This Bond is one of a series of Bonds which were
validated and confirmed by decree of the Circuit Court of
the Fifteenth Judicial Circuit of Florida in and for Palm
Beach County, rendered on the day of ,
1972.
Clerk 'Of the ~ir'cUi~ Court Of"
the Fifteenth Judicial Circuit
of Florida in and for Palm
Beach County, Florida
Resolution No. 14-72 -6-
58-I
PROVISION FOR REGISTRATION
This bond may be registered in the name of the
holder on the books to be kept by the City Clerk of the
City as Registrar, or such other Registrar as may here-
after be duly appointed, as to principal only, such regis-
tration being noted hereon by such Registrar in the regis-
tration blank below, after which no transfer shall be
valid unless made on said books by the registered holder
or attorney duly authorized and similarly noted in the
registration blank below, but may be discharged from regis-
tration by being transferred to bearer, after which it
shall be transferable by delivery, but may be again regis-
tered as before. The registration of this bond as to
principal shall not restrain the negotiability of the cou-
pons by delivery merely, but the coupons may be surrendered
and the interest made payable only to the registered holder,
in which event the Registrar shall note in the registration
blank below that this bond is registered as to interest as
well as principal and thereafter the interest will be re-
mitted by mail to the registered holder. With the consent
~f the holder and of the City of Delray Beach, this bond,
when converted into a bond registered as to both principal
and interest, may be reconverted into a coupon bond and
again converted into a bond registered as to both principal
and interest as hereinabove provided. Upon reconversion of
this bond when registered as to principal and interest into
Resolution No. 24-72 -7-
58-J
a coupon bond, coupons representing the interest to accrue
upon this bond to date of maturity shal~ be attached here-
to by the Registrar and the Registrar sha].l note in the
registration blank below whether this bond is registered
'as to principal only or.payable to bearer.
DATE OF : IN WHOSE : MANNER OF : SIGNATURE
REGISTRATION : NAME REGISTERED : REGISTRATION : OF REGISTRAR
Section 4. That in each year while any of the said
bonds shall Ue outstanding, there shall be levied, assessed
and collected a direct tax without limitation as t° rate or
amount, upon all taxable property in the City of Delray Beach,
which~tax Shall be in amounts sufficient to produce the sums
necessary to pay the interest on said bonds as it falls due
and the principal thereof as they severally mature.
Section 5. Said bonds shall prior to their issuance,
be validated by decree of the Circuit Court of the Fifteenth
Judicial circuit of'Florida in and for Palm Beach County, and
Resolution No. 1~-72 -8-
58-K
The attorney For the City of Delray Beach is hereby author-
ized and directed to cause such proceediugs for the valida-
tion of said bonds to be instituted, and the Mayor of the
City is hereby authorized to verify the complaint or other
pleadings in such proceedings and that when validated the
said bonds shall be sold as provided by law.
~ection 6. This resolution shall take effect
upon its passage in the manner provided by law.
PASSED AND ADOPTED on this the 27th day of March,
1972.
ATTEST:
Clerk ~
Resolution No. ~4-72 -9-
58-L