05-08-72 ~Y 8, 1972.
A regular meeting of the City Council of the City of
Detray Beach, Florida, was held in the Council Chambers at 7:30 P.M.,
Monday, May 8, 1972, 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 Rudolf Keyl,
of the Trinity Lutheran Church, Delray Beach, Florida.
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 April 24, 1972,
were unanimously approved on motion by Mrs. Martin, seconded by
Mr. Saunders.
4.a. Mayor Scheifley introduced Mr. Robert Thielman, Commander
of the Veterans of Foreign Wars, O'Neal-Priest Post No. 4141,
Delray Beach, Florida, and he then read RESOLUTION NO. 23-72,
captioned as follo~;s:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH APPROVING
THE HOLDING Of' THE DECEMBER 6 THROUGH
DECEMBER 8, 1974, MID-WINTER CONFERENCE
OF THE VETERANS OF FOREIGN WARS IN THE
CI'l~f OF DELRAY BEACH, FLORIDA.
(Copy of RESOLUTION NO. 23-72 is attached to the official copy of
these minutes.)
Upon motion by Mr. Saunders, seconded by Mr. Youngblood,
RESOLUTION NO. 23-73 was unanimously adopted.
Mr. Thielman extended an invitation to the City Council
and the City Manager to attend the Installation of Officers of
the Veterans of Foreign Wars, Post No. 4141, on Saturday, May 27,
1972, at 8:00 P.M.
4.b. Mayor Scheifley read the following letter, dated May 3,
1972, which he received from Mr. Ray Moudry, Chairman, Palm Beach
County Legislative Delegation:
"The Palm Beach County Legislative Delegation passed
a local bill, copy of which is enclosed, creating a
50 member commission to study the functions, structure
and operations of all governmental units and bodies
within the county. This includes all agencies, com-
missions, boards, authorities, municipal public bodies
and county government. The Study Commission is to
determine and report to the Legislative Delegation if
there is a need for consolidation, separation, removal
or revision of any such body.
In order that each community may have an opportunity
to be represented, you are being advised so that you
may submit one or more proposed members to serve on
this Study Commission, which the Delegation will con-
sider in naming the Commission.
Each name submitted should have included a personal
resume of the individual, indicating his or her back-
ground, experience, education and availability to
serve. Please send the names and resumes to the
Delegation chairman, Ray Moudry, 1314 Harvey Building,
West Palm Beach, Florida 33401, before May 22, 1972."
Upon Council's recommendation, May'or Scheifley turned
this matter over to the City Manager. }le su{~gested that the
Council members submit to the City ~Janager the names of persons
that each one would like to reccmmend to the Commission.
Mayor stated that there would be a great deal of work involved
with this Commission and the people who are appointed would have
to be willing to devote a considerable amount of their time and
efforts.
4.c. Mayor Scheifley read the following letter, dated
April 28, 1972, which was received from the Delray Beach Business
and Professional Women's Club:
"The members of the Delray Beach Business and Pro- _
fessional Women's Club are pleased to advise that they
have more than reached their proposed goal of $10,000.
for the purchase of a new emergency rescue van for the
Delray Beach Fire Department.
The response from both visitors and residents of
Delray Beach for this cause was more than we antici-
pated - many notes and telephone calls were received
telling of the contributors' gratitude in promoting
this civic project, and of how many times the arrival
of the rescue van meant the difference between life and
death to them, or their relatives.
We would now like to meet with you, either in a workshop
meeting, or at a regular council session, to d. ecide
how we can carry out the final matter of placing an
order for the type of van and equ'~.pment best suited for
its intended use.
We feel it is in the best interests of the public, who
supported us so magnificently with their contributions,
our club members who put in many hours of hard work,
and, you, as the elected members of the City Council,
that we make a decision shortly, and hopefully without
delay."
Mayor Scheifley suggested that this matter be referred to
the City Manager and that he arrange for a joint workshop meeting
with the Business and Professional Women's Club.
5. Mrs. Natalie Bush, Miss LaVonne Baine, Mrs. LaVira Baine
Brin and Mrs. Lucille Dobson expressed their concern and fear re-
garding the number of recent robberies that have taken place within _
the area in which they reside in Delray Beach. They mentioned the
number of dope peddlers and addicts that are permitted to roam the
streets of the City and they definitely agreed that more police
protection was urgently needed. It was stated that these problems
are not restricted to the Black community but affect the whole City.
The Rev. George Phillips, Mount Olive Baptist Church,
concurred with his parishioners and said he felt that the problems
would not be solved by simply adding more men to the Police Depart-
ment. Rev. Phillips strongly urged that a conference be scheduled
between the City Prosecutor, the Chief of Police and the City Ad-
.ministration in a joint effort to solve these serious problems.
Mr. Alfred Straghn, of the christian Movement for Civic
Action, informed Council that the request for more police protection
had come before the City Council at a previous time.
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5-8-72
Mr. Saunders suggested that the City Manager arrange for
a conference with Police Chief James Grantham and look into the
possibility of hiring additional police officers at this time.
Mr. Youngblood agreed with Mr. Saunders and also recom-
mended that efforts be made to obtain work and jobs for the un-
employed people who are helping to create this problem.
Mayor Scheifley requested that the City Manager arrange
for a workshop meeting and Council could then take the necessary
steps to help the Citizens of Delray Beach with this difficult
situation.
Mr. Irwin W. Kresser mentioned the possibility of having
plain clothes detectives patrol the affected districts. Mayor
Scheifley stated that this suggestion would definitely be con-
sidered by Council.
~.~.. The City Manager presented the following bids that had
been received to provide three new water supply wells, complete
with motors, pumps and all other appurtenances necessary to their
complete operation:
Bidder' Base Bid Alternate Bid Time
Alsay Drilling, Inc. $94,527.00 $~4,217.00 120 days
Lake Worth, Florida
Layne Atlantic Co. $95,455.00 $95,295.00 150 days
Orlando, Florida
Meredith Corporation $97,722.00 $97,152.00 160 days
Orlando, Florida
He recommended that Council merely authorize the awarding of the
contract to the low bidder, Alsay Drilling, Inc., in the amount
of $94,527.00, at this meeting. At a later meeting, the City
Manager would recommend the source of the difference in funds
between the specifically budgeted for well drilling, $50,000.00,
and $94,527.00, the low bid. Mr. 'Saunders made a motion to that
effect, seconded by Mr. Youngblood and unanimously carried.
6.b. The City Manager reported that as authorized by Council
on March 13, 1972, and advertised in the Delray Beach News Journal
on April 13 and April 20, 1972, the 1929 American LaFrance
(Metropolitan) 750 GPM Rotary Gear Pumper was offered for sale to
the highest bidder at Public Auction on Tuesday, May 2, 1972, at
1:00 P.M., on the North parking lot at the City Hall. The highest
bid in the amount of $710.00 was received from Robert Schmutzler
and James Cuomo. Mr. Mariott informed Council that he had since
received other bids. Mayor Scheifley reported that he had
received a letter from Mr. Jim A. Vaughn, dated May 4, 1972, regard-
ing the fire truck and read same to Council.
During a general discussion, Mr. Weekes stated that he
felt the vehicle should be kept as a momento for the Citizens of
Delray Beach. Mr. Saunders agreed with Mr. Weekes and suggested
that it be given to the Historical Society instead of being sold.
The City Manager pointed out that suitable housing would have to be
found for the Pumper.
Mr. Weekes moved that Council not accept the present bid
.of $710.00 and withhold offering the Pumper for bidding until an
investigation into the matter has taken place. Mr. Saunders
seconded this motion, and same was unanimously carried.
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5 - 8 ~7~2-'
6.c. City Manager Mariott stated that at its April 10, 1972,
meeting~ the City Council appointed Dr. Edward Doyle to serve as a
City Health Doctor. Dro Edward ~nite, who practices medicine with
Dr. Edward Doyle at 250 Dixie Boulevard~ De!ray Beach, is agreeable
to serving as a City Health Doctor. Mr. Ma~iott recommended the
appointment of Dr. Edward White as a City Health Doctor. Upon Mrs.
Martin's motion, seconded by Mr. Youngblood, and unanimously carried,
Dr. Edward White was appointed a City Health Doctor.
6.d. The City Manager reported that the following bids bad
been received for installation of a sanitary sewer line on Florida
Boulevard to serve a planned 6-unit apartment building:
Contractor Bid
Gulfstream Construction Co. ~ 7,894.75
West Palm Beach, Florida
Belvedere Construction Co. $I0,004, 45
West Palm Beach, Florida
He recommended that authorization be given to award the contract
to the low bidder, Gulfstream Construction Company, in the amount
of $7,894.75. Mr. Mariott explained that the developer is going to
advance to the City an amount of money equal to the contract amount
prior to execution of the contract, with reimbursement to be made
to the developer in accordance with the City's policy of paying for
sewer extensions wherein the cost of such extension does not exceed
the annual revenue for twenty (20) years. Mr. Youngblood moved
that the bid be awarded to Gulfstream Construction Company in the
amount of $7,894.'75, seconded by Mr. Saunders, and passed unani-
mously.
6.e. The City Manager read the following informally given
quotations that were received f~r installation of a sanitary sewer
line approximately~ 1,000 feet in length on Albatross Road between
Curlew Road and Ibis Drive in Tropic Palms:
Contractor Quotat ion
Belvedere Construction Co. $ .9~.8.08.50
West Palm Beach, Florida
R & R Utilities, Inc. $11,045.00
Lake Worth, Florida
Gulfstream Construction Co. $11,107.50
West Palm Beach, Florida
He explained to Council that the developer will advance to the
City a sum of money equal to the contract amount, on the terms and~,.
conditions set forth in a letter from the city Manager to Mr. John H.
Adams, dated April 13, 1972, prior to the execution of the contract.
The City Manager reported that bringing these bids to
Council for consideration had been delayed for several weeks as the
developer felt that he could get a lower bid, but was unsuccessful
in that attempt. The City Manager asked the City Attorney if it
were legal to award the contract since these bids were received
informally rather than being advertised, q?he City Attorney con-
firmed that this action would be legal. Mr. Mariott recommended
that the contract be awarded to Belvedere Construction Company in
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5-8-72
the amount of $9,808.50, the lowest of the quotations. Mr.
Youngblocd made a motion to that effect, seconded by Mr. Saunders,
and same was unanimously carried.
7.a. City ~anager Mariott informed Council that an application
for annexation, subject .to C-2 zoning, of Lots 1 to 44, inclusive,
in Block 15, and Lots 12 to 23, inclusive, in Block 2, Del-Raton
Park, had been received. He explained that tke applicant's request
is that all the old easements not in use and alleys in the old plat
be abandoned so that the property may be used in the same manner
as other similarly platted tracts in the same subdivision. The
applicant agrees to exchange property along the Dixie Boulevard
right-of-way in the same manner as was done in the abandonment of
Del-Raton Boulevard on properties lying to the North of this parcel.
Mr..Mariott recommended that the application be referred to the
Planning and Zoning Board for study and recommendation. Mr. Saunders
so moved, seconded by Mr. Youngblood, and carried unanimously.
8.a. The City Manager presented RESOLUTION NO. 19-72.
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH COMMENDING
THE FLORIDA LEAGUE OF CITIES, INC.
(Copy of RESOLUTION NO. 19-72 is attached to the official copy of
these minutes.)
After Mr. Mariott gave a brief explanation, Mr. Weekes
moved for the adoption of RESOLUTION NO. 19-72, seconded by Mrs.
Martin and same was unanimously carried.
8.b. The City Manager presented RESOLUTION NO. 20-72.
A RESOLUTION OF THE CITY COLrNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A TEN-FOOT PLATTED DRAINAGE
EASEMENT IN TROPIC BAY, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 29,
PAGE 20, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
(Copy of RESOLUTION NO. 20-72 is attached to the official copy of
these minutes. )
Mr. Mariott explained that if approved, this Resolution
would authorize the relocation of a drainage easement in Tropic
Bay in such a way as to be advantageous to the City. He stated that
the property owner is agreeable to the relocation and has executed
an easement deed effectin9 the same, which is in the possession of
the City. The City Manager recommended that RESOLUTION NO. 20-72
be approved. Mr. Saunders made a motion, seconded by Mrs. Martin,
to adopt RESOLUTION NO. 20-72, and same was unanimously passed.
City Manager presented RESOLUTION NO. 21-72.
8.Co
The
A RESOLUTION FIXING THE PROVISIONS FOR THE
ISSUANCE OF $2,000,000 CITY OF DELRAY BEACH,
FLORIDA, BEACH IMPROVEzVLENT GENERAL OBLIGATION
BONDS; NAM~ING PAYING AGENTS; AND AUTHORIZING
THE SALE OF SUCH BONDS.
(Copy of RESOLUTION NO. 21-72 is attached to the official copy of
.these minutes.)
City Manager Mariott reported that RESOLUTION NO. 21-72
names the paying agent for the City's $2,000,000 General Obligation
Beach Erosion Bond Issue and recommended that it be approved. Mr.
¥oungblood so moved, seconded by Mr. Saunders, and same was unan-
imously passed.
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5-8-72
8.d. ?he City Manager presented RESOLUTION NO. 22-72.
A RESOLUTION OF THE CITY COUNCIL OF
THE CI~f OF DELRAY BEACH, FLORIDA,
PERTAINING TO THE COOPERATION OF THE
CITY WITH THE COUNTY REZONI~NG MORATORIUM.
(Copy of RESOLUTION NO. 22-72 is attached to the official copy of
these minutes.)
Upon motion of Mr. Weekes, seconded by Mr. Youngblood,
RESOLUTION NO. 22-72 was unanimously adopted.
8.e. The City Manager presented ORDINANCE NO. 7-72.
AN ORDINANCE OF THE CiTY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH CERTAIN LAND,
NAMELY LOT 42, LAKE SHORE ESTATES, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; REDEFINII~G THE
BOUNDARIES OF SAID CITY' TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND; AND PROVIDING FOR THE
ZONING THEREOF.
(Copy of Ordinance No. 7-72 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. There being no objections to Ordinance
No. 7-72, said Ordinance was unanimously passed and adopted on this
second and final reading, on motion by Mr. Saunders, seconded by
Mrs. Martin.
8.f. The City Manager presented ORDINANCE NO. 8-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ~IENDING
CHAPTER 17 PERTAINING TO OFFENSES BY
ADDING SEC. 17-34, MAKING IT ~/NLAWFUL TO
HAVE ANY FIRES - OPEN BURNING WITHIN THE
CITY LIMITS, DEFINING OPEN BURNING, PRO-
VIDING EXCEPTIONS, AND ESTABLISHING
PENALTIES.
(Copy of Ordinance No. 8-72 is attached to the official copy of
these minutes.)
A Public Hearing, having been legally advertised, in
compliance with the laws of the State of Florida, and the Charter
of the City of Delray Beach, was held, and there being no objections
to Ordinance No. 8-72, said Ordinance was unanimously passed and
adopted on this second and final reading, on motion of Mrs. Martin,
seconded by Mr. Weekes.
9.a. The City Manager reported to Council that the Planning and
Zoning Board, at a meeting held on April 25, 1972, unanimously voted
to recommend to City Council that it approve the preliminary plat
of Imperial Villas Subdivision, located on Lowson Boulevard, between
Dover Road and Homewood Boulevard, subject to approval by the
Engineering Department and subject to construction of sidewalks on
.both sides of the dedicated road right-of-way. The Council reviewed
the preliminary plat. Mr. Youngblood made a motion to sustain the
recommendation of the Planning and Zoning Board, seconded by Mr.
Saunders and said motion passed unanimously.
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5-8-72
9.bo City Manager Mariott informed Council that the Planning
And ~oning Board, at its meeting held on April 18, 1972, unanimously
voted to recommend to City Council that it approve the preliminary
plat of Sherwood Park Villas, in Section 24-46-42, subject 'to the
following conditions:
1. Dedication of the right-of-way of Dover Road southerly
to Linton Boulevard.
2. Removal of the term "golf course", (which is not a
permitted use in R-1AAAB or R-1AA zoning districts).
3. City Engineer' s recommendations.
4. Change of name from Sherwood Lake Villas to Sherwood
Park Villas.
The property encompassed by this preliminary plat is a
part of the John Walker Development located South of Lowson Boulevard,
North of Linton Boulevard and a short distance East of Military Trail.
Mr. Saunders made a motion to sustain the recommendation of the
Planning and Zoning Board and approve the preliminary plat of Sherwood
Park Villas, seconded by Mr. Youngblood, and unanimously carried.
10a. The City Manager presented RESOLUTION NO. 24-72.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE PURCHASE OF 34 ACRES OF LAND LOCATED
BETWEEN NORTH CONGRESS AVENUE AND THE
SEABOARD RAILROAD, ABUTTING LAKE WORTH
DRAINAGE DISTRICT LATERAL CANAL 30 ON THE
NORTH FOR THE LOCATION OF A WASTE TREAT-
MENT PLANT AND SETTING FORTH THE TERMS OF
SAID PURCHASE.
(Copy of RESOLUTION NO. 24-72 is attached to the official copy of
these minutes.)
Mr. Mariott described the exact location of the 34 acres
involved in the purchase of this property. Mrs. Martin questioned
Paragraph 3 of RESOLUTION NO. 24-72° The City Manager explained
what was involved in detail and he also described the possible
financing of this project. He informed Council that the City of
Delray Beach is under legal orders to have a new sewer operation
by January 1, 1973. Following a general discussion, Mrs. Martin
made a motion to adopt RESOLUTION NO. 24-72, seconded by Mr.
Saunders, and unanimously carried.
Mr. Youngblood then made a motion designating that a
source of funds for the $51,000.00 down payment required in this
matter would be from general obligation bond issue funds now in the
City's possession with repayment to be made from the City's upcoming
water and sewer bond issue, when those funds are available. Said
motion was seconded by Mr. Weekes and unanimously adopted.
10.b. The City Manager brought up the item of the purchase of a
water and sewer system from Ecological Utilities, Inc., with the
total cash outlay of $280,000.00. He explained the basics involved
in the proposed draft of the purchase and sale agreement.
The City Manager recommended that a motion be passed at
this meeting authorizing the execution of the proposed agreement
of purchase and sale, contingent upon certain minor modifications
which would be satisfactory to the City Manager and the city
Attorney. Secondly, he stated that the execution of the agreement
of purchase and sale should be subject to the securing of financing
for the purchase from the two local banks, as was previously dis-
cussed in detail at two workshop meetings.
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5-8-72
Following a general discussion, Mr. Saunders made a
motion to approve the agreement bet~;een the City of Delray Beach
and Ecological Utilities, Inc., subject to, the City being able to
make arrangements x~ith the two local banks for the financing of
same, and also subject to the minor changes %~D~ich are to be worked
out with the approval of the City Manager mhd the City Attorney~
Said motion was seconded by Mr. Weekes, and unanimously carried.
10.c. The City Manager reported that he had received a letter
from Dan Burns Oldsmobile, Inc., dated May 5, 1972, in which it
again requested the abandonment of Avenue A between Dixie Highway
and U. S. Highway 1. He recommended that this matter be referred
to the Planning and Zoning Board for study and recommendation. Mr.
Saunders so moved, seconded by Mrs. Martin, and said motion passed
unanimous ly.
10.d. The city Manager reported that in a letter dated May 3,
1972, the Beautification Committee unanimously recommended the
appointment of Mr. Quentin R. Boerner, 14 N. E. 7 Street, Delray
Beach, to the Beautification Committee. Mr. Youngblood moved that
Mr. Boerner be appointed to the Beautification Committee, seconded
by Mr. Weekes, and passed unanimously. Mayor Scheifley then
introduced Mr. and Mrs. Boernero
10.e. City Manager Mariott announced a change in the bid opening
date for the Beach Erosion Project. It is now scheduled for
May 22, 1972, at 10:00 A.M.
10.f. The following BILLS FOR APPROVAL were unanimously approved
for payment on motion by Mr. Weekes, seconded by Mr. Youngblood:
General Fund $328,010.32
Water Revenue Fund $130,323.72
Special Assessment Fund $ 11,091.25
Refundable Deposits Fund $ 3,755.79
Utilities Tax Revenue Fund $ 25,440.00
Utilities Tax Certificates - Principal and
Interest Redemption Fund $ 30,000.00
Sewer Revenue Fund $ 70,000.00
Cigarette Tax Fund $119,473.12
Sinking Fund, Cigarette Tax Bonds,
Series 1965 $ 25,000.00
Capital Improvements Construction
Trust Fund $ 79,018.05
The meeting adjourned at 8:40 P.M. _
HALLIE E. YATES
city Clerk
APPRO~: ~ ,
·
/ MAYOR
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5-8-72
86-A
RESOLUTION NO. 23-72.
A RESOLUTION OF TIlE CITY COIL~CIL OF
THE CITY OF DELRAY BEACH APPROVING
THE HOLDING OF THE DECEYfBER 6 THROUGH
DECEMBER 8, 1974, MID-WINTER CONFERENCE
OF THE VETEP~ANS OF FOREIGN WARS IN THE
CITY OF DELRAY BEACH, FLORIDA.
WtLEREAS, the Veterans of Foreign Wars of the United
States, Department of Florida, is desirous of holding a mid-
winter conference on December 6 through December 8, 1974; and,
WHEREAS, the Veterans of Foreign Wars, O'Neal-Priest
Post No. 4141, of Delray Beach, Florida, is desirous of hosting
said mid-winter conference; and,
WHEREAS, the City Council of the City of Delray
Beach deems/it to be in the best interests of the City of
Delray Beach to have said mid-winter conference in the City of
Delray Beach;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of.the City of Delray Beach, Florida, as follows:
1. That the City Council of the City of Delray
Beach encourage the O'Neal Priest Post No. 4141 of the Veterans
of Foreign Wars to have the December 6 through December 8, 1974,
Mid-Winter Conference in the City of Delray Beach, Florida.
2. That if the Mid-Winter Conference is held in the
City of Delray Beach, Florida, the City Council will cooperate
in any lawful manner to make the conference a success.
PASSED AND ADOPTED by the City Council of the City of
Delray Beach, Florida, on this 8th day of May, 1972.
-MA y "
ATTEST:
City Clerk
86-B
RESOLUTION NO. ].9-72.
RESOLUTION OF THE CITY COUNCIL OF
THE CI%.~.. OF DELRAY BEACH COi~i~ENDING
THE FLORIDA LEAGUE OF CITIES, !NC.
WHEREAS, the State of Florida Legislature has recently
adjourned its annual session during which measures were enacted
which will greatly benefit the City of Delray Beach, Florida; and,
WHEREAS, the Florida League of Cities, Inc., was an
integral and valuable factor in the fostering and implementation
of such legis!ation~ and,
WHEREAS, the Legislature, at the suggestion of the
Florida League of Cities, Inc., voted substantial reforms in
State/Municipal revenue programs resulting in vastly increased
revenues to municipalities throughout the state and here in the
City of Delray Beach, Florida; and,
WHEREAS, the State Legislature, at the behest of the
Florida League of Cities, Inc., reserved to local municipalities
the right to assess Occupational License Taxes, continue to receive
a portion of fines and forfeitures for offenses committed within
City limits and provided for other measures in the interest of
municipalities;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, as follows:
Section 1. That they hereby commend the Florida League
of Cities, Inc., its President, Mayor Dick A. Greco, Jr., and
other Officers, its Board of Directors, Legislative Committee,
Executive Director Raymond C. Sittig, and other associates for
the work of the Florida League during the recent legislative
session.
Section 2. That the City Clerk of the City of
Delray Beach, Florida, is hereby requested to send copies of
this resolution to the officers and Board of Directors of the
Florida League of Cities.
PASSED AND ADOPTED this 8th day of May, 1972, at
Delray Beach, Florida. _
MAYOlkr~
ATTEST:
City Clerk
,/
86-C
RESOLUTION NO. 20 - 72.
A RESOLUTION OF ?ItE CITY CO~JNCIL OF THE CITY OF
DELRAY BEACtt, FLORIDA, VACATING A?,D ABANDONING
A TEN-FOOT PLATTED DP=AINAGE EASEMENT IN TROPIC
BAY, ACCORDING TO THE PIkXT THEREOF, tqECOPdDED IN
PLAT BOOK 29, PAGE 20, PUBLIC RECOP~DS OF PALM
BEACH COLrNTY, FLORIDA.
WHEREAS, Arthur V. Strock & Associates, Inc., repreSenting
JOYCE OF FLORIDA, INC., developers of TROPIC BAY, have made applica-
tion to the City Council of the City of Delray Beach, Florida, to
vacate a 10-foot wide Platted Drainage Easement located in a portion
of Tract "A" of TROPIC BAY, according to the plat thereof recorded
in Plat Book 29, Page 20, of the Public Records of Palm Beach
County, Florida; and,
WHEREAS, said easement is desired to be relocated, and
this Resolution shall be understood to be effective only at such
time as the City has been furnished a 10-foot wide Drainage Ease-
ment located in a portion of Tract "A" of TROPIC BAY, according to
the plat thereof recorded in Plat Book 29, Page 20, of the Public
Records of Palm Beach County, Florida, and more particularly
described as follows:
Commence at the Southwest corner of said Tract "A";
thence run N 2° 47' 53" W 823.92 feet along the west-
erly boundary thereof to the Point of Beginning of the
herein described 10.00 foot wide drainage easement;
thence continue N 2° 47' 53" W 10.00 feet on last
described course to a point; thence run N 87° 12' 07"
E 105.39 feet along the South line extended easterly of
Lot 3, Block 2, First Addition to Del Raton Park,
according to the plat thereof recorded in Plat Book
24, Page 46, of the Public Records of Palm Beach
County, Florida to a point; thence run S 47° 47' 53"
E 44 99 feet to a point; thence run N 87° 12' 07" E .
144.61 feet to a point; thence run N 42° 12' 07" E
190 91 feet to a point; thence run N 87° 12' 07" E
121 83 feet to a point; thence run East 336 92 feet
to a point on the easterly boundary of said Tract "A"
also being the westerly boundary of Lisbon Canal as
shown on the plat of TROPIC ISLE 3RD SECTION according
to the plat thereof recorded in Plat Book 25, Page 37,
of the Public Records of Palm Beach County, Florida;
thence run South 10.00 feet along said westerly
boundary of Lisbon Canal to a point; thence run West
336 68 feet to a point; thence run S 87° 12' 07" W
117.44 feet to a point; thence run S 42° 12' 07" W
190 92 feet to a point; thence run S 87° 12' 07" W
152.88 feet to a point; thence run N 47° 47' 53" W
44.99 feet to a point; thence run S 87° 12' 07" W
101.25 feet to the Point of Beginning, containing
0.216 acres, more or less.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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86-D
That. pursuant to Paragraph Three of Section Seven of
the City Charter of the City of Delray Beach, Florida, we hereby
declare abandonment of t'he fo].lowin{7 easement referred to herein-
before and described as follows:
A portion of T~act "A" of TROPIC BAY, according to the
plat thereof recorded in Plat Book 29, Page 20,of the
Public Records of Palm Beach County, Florida, more
particularly described as follows:
Commence at the Southwest corner of said Tract "A";
thence run N 2° 47' 53" W 823.92 feet along the
westerly boundary thereof to the Point of Beginning
of the herein described 10.00 foot wide drainage ease-
ment; thence continue N 2° 47' 53" W 10.00 feet on the
last described course to a point; thence run N 87° 12'
07" E 82.68 feet along the south line of Lot 3, Block 2,
First Addition to Del Raton Park, according to the plat
thereof recorded in Plat Book 2~, Page 46 of the Public
Records of Palm Beach County, Florida, to a point; thence
run S 62° 47' 53" E 20.00 feet to a point; thence run
N- 870 12' 07" E 142.32 feet to a point; thence run
S 2° 47' 53" E 10.00 feet to a point; thence run S R7°
12" 07" W 145.00 feet to a point; thence run N 62° 47'
53" W 20.00 f~et to a point; thence run S 87° 12' 07"
W 80.00 feet to the Point of Beginning, containing
0.056 acres, more or less.
PASSED AND ADOPTED this 8th day of May, 1972.
MAY O~R/~//
ATTEST:
City C 1 ~rk,.'
Resoluticn No. 20--72 -2-
86-E
RESOLUTION NO. 21-72
A RESOLUTIO~ FiXII, iG THE PROVISIONS FOR THE
ISSUANCE OF $2,000,000 CI%~f OF D.IT~.L?AY BEAC!t,
FLORIDA BEACH IMP!~OVE~,~]NT GENEi~%i. OBLIGATION
BONDS; NA~MING PAYING AGENTS; A/~D AUTHORIZING
THE SALE OF SUCH BONDS.
WHEREAS, by resolution adopted by the City Council of
the City of Delray Beach, Florida (hereinafter called "City"), on
March 27, 1972, by Resolution No. 14-72, the City authorized the
issuance of $2,000,000 Beach Improvement General Obligation Bonds
(hereinafter called "obligations"), to finance a portion of the
cost of the construction and acquisition of beach improvements in
said City; and,
WHEREAS, the obligations have been validated by judgment
of the Circuit Court for Palm Beach County, Florida, on April 20,
1972; and,
WHEREAS, the City deems it in the best interests of
the City to sell such obligations at public sale;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Delray Beach, Florida, that:
Section 1. The $2,000,000 Beach Improvement General
Obligations Bonds of the City shall be subject to prior redemption,
as hereinafter provided in the Notice of Sale.
Section 2. Such obligations shall be offered at public
sale on May 24, 1972.
Section 3. The City Clerk is hereby authorized and
directed to publish a notice calling for bids for the purchase
of said Bonds. Such notice shall .be published in the Delray
Beach News Journal, a newspaper of general circulation within
Palm Beach County one time; such publication to be not less than
ten (10) days prior to the day of sale, and shall be published
one time in the Bond Buyer, a financial publication in the City
of New York, New York. The notice shall be in substantially
the following form:
OFFICIAL NOTICE OF SALE
$2,000,000
CITY OF DELRAY BEACH, FLORIDA
BEACH IMPROVEMENT BONDS
(General Obligations)
Notice is hereby given that the City Council of the City
of Delray Beach, Florida, will receive sealed bids, in
care of the undersigned City Clerk in the City Council
Chambers, City Hall, 100 N. W. 1st Avenue, Delray Beach,
Florida, until 12:00 o'clock noon, Eastern Daylight
Saving Time, on
MAY 24, 1972
at which time and place all bids will be publicly opened
and read for $2,000,000 City of Delray Beach, Florida,
Beach Improvement Bonds dated February 1, 1972, (herein-
after called the "Bonds"), bearing .interest at the rate
or rates stated in the successful bid not exceeding seven
-1-
one-half per cent (7 1/2%) per annum, and maturing,
subject to the right of prior redemption as set forth
below, on February 1 in the years and amounts as follows:
YE AR A~40 I.~.TT YE AR A~.'/O UT.,.~T T
1974 $25,'000 1989 $65,000
1975 301000 1990 70,000
1976 30,000 1991 75,000
1977 30,000 1992 80,000
1978 35,000 1993 80,000
1979 35,000 1994 85,000
1980 40,000 1995 95,000
1981 40,000 1996 100,000
1982 40,000 1997 105,000
1983 45,000 1998 110,000
1984 50,000 1999 115,000
1985 50,000 2000 125,000
1986 55,000 2001 130,000
1987 60,000 2002 140,000
1988 60,000
Bonds maturing in the years 1983 to 2002, inclusive,
be callable for redemption prior to maturity, at
option of the City, on February 1, 1982, or on any
interest payment date thereafter, in inverse numerical
order,.' at the price of par and accrued interest to the
of redemption plus a premium, expressed as a per-
centage of the par value thereof, of 3°,/o if redeemed on or
to February 1, 1989; 2% if redeemed thereafter on
prior to February 1, 1995; and 1% if redeemed there-
prior to maturity.
Bonds will be coupon Bonds in the denomination of
$5,000 each, with the privilege of registration as to
principal only or as to both principal and interest.
Principal and semi-annual interest (February 1 and
August 1) will be payable at' The Chase Manhattan Bank,
A., New York, New York.
Bonds will be general obligations of the City of
Delray Beach, Florida, payable from ad valorem taxes
levied against all property taxable for such purposes
the City, without limitation as to rate or amount, and
full faith and credit of the City will be pledged to
payment of principal and interest.
bidder may specify not more than three different _
interest' rates expressed in multiples of one-eighth
or one-twentieth (1/20) of one per centum (1%)
all Bonds of the same maturity shall bear a single
of interest. No bid stipulating a difference greater
one and one-half per centum (1 1/2%) between the
highest and lowest rates of interest named will be con-
sidered. A repeated rate of interest shall not be con-
sidered a different rate of interest. Only one coupon
be attached to each Bond for each installment of
interest thereon. A bid containing a rate of interest
upon the use of split or supplemental interest
coupons will not be considered. The Bonds will be award-
the basis of the lowest net interest cost to the
and the comparison of bids to determine such lowest
interest cost will be made by taking the aggregate
Rosol'ution No. 21-72.
86-G
amount of interest at the rate or rates specified in the
bids computed from February 1, 1972, to the various stated
maturities thereof and subtracting therefrom the amount of
any premium bid or adding thereto the amount of any discount
bid. No bid for less than ninety-eigl~t per centum (98/o)
of the par value of the Bonds offered for sale plus accrued
interest will be considered.
In order to be considered, each bid must be unconditional
and must be submitted on the form furnished by the City
and must be accompanied by a certified, bank cashier's or
bank treasurer's check for $40,000 drawn upon an incorporated
bank or trust company, payable to the order of the City of
Delray Beach, Florida. The amount of said check of the
successful bidder will be applied on the purchase price.
All other checks will be returned immediately upon the
award of the Bonds. No interest will be allowed upon the
good faith deposit of the successful bidder.
The Bonds have been validated by judgment of the Circuit
Court of the Fifteenth Judicial Circuit of the State of
Florida, in and for Palm Beach County. The legality of the
Bonds will be approved by Messrs. Mudge Rose Guthrie &
Alexander, New York, New York, whose opinion as to the
legality of the Bonds will be delivered to the purchasers
without charge together with a no-litigation certificate
in the' customary form dated as of the date of the delivery
of the Bonds.
The Bonds will be delivered to the successful bidder, at
the expense of the City, in the City of New York, New York.
It is expected that delivery will be made on or about June 20,
1972, or within thirty days from the date of sale. However,
if the Bonds are not delivered within sixty days of the date
of sale without fault upon the part of the successful bidder,
the successful bidder may withdraw his bid and receive the
return of his good faith deposit, or may accept delivery for
an additional thirty days thereafter at his option.
The City reserves the right to reject any and all bids and
any bid not complying with the provisions hereof will be
rejected.
Additional information may be obtained from the undersigned.
CITY OF DELRAY BEACH, FLORIDA.
HALLIE E. YATES
City Clerk
Section 4. This resolution shall take effect immedi-
ately upon its adoption.
-3-
Resolution No. 21-72.
86-H
PASSED A~ND ADOPTED in regular session on the 8th day
of May, 1972.
ATTEST:
. . '~C. ~..£-: , , ,~ . ..
City Clerk
Resolution No. 21-72.
86-I
RESOLUTION NO. 22-72.
A RESOLUT'ION OF THE CITY_ COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
PERTAINING TO THE COOPERATION OF
THE CITY WITH THE COUNTY REZONING
MORATORIUM.
WHEREAS, the City Council of the City of Delray
Beach, Florida, has been requested to cooperate with the
County Commission with respect to a moratorium on rezon-
lng of properties; and,
WHEREAS, the City Planning and Zoning Board has
recommended to Council approval of such action; and,
WHEREAS, the City Council deems it to be in the
best interests of the City and the greater Delray Beach
area to' cooperate with the County moratorium;
N6W, THEREFORE, BE IT RESOLVED by the City Council
of the City of Delray Beach, as follows:
That the City of Delray Beach will not annex any
areas lying outside its reserve area and change the
zoning from that established by the County of Palm
Beach during the period of the County of Palm Beach
moratorium against rezoning which will expire on
February 1, 1973.
PASSED AND ADOPTED in regular session this 8th
day of May, 1972.
ATTEST:
Cit~ Clerk "
86-J
ORDINANCE NO. 7-72
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEYING TO 5?I~E CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 42, LAKE
SHORE ESTATES, '~HICH LAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SaID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND: AND PROVIDING FOR THE ZONING ?HEREOF.
WHEREAS, ROBERT B. FAY and MARLENE Z. FAY, his wife, are the
fee simple owners of the property hereinafter described; and,
WHEREAS, said ROBERT B. FAY and MARLENE Z. FAY, his wife, by
their petition, have consented and given permission for the annexa- -
tion of said property by the City of Delray Beach; and,
WHEREAS, the City of Delray Beach has heretofore been author-
ized to annex lands in accordance with Section 185.1 of the City
Charter of said City granted to it by the State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, 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 tract of land located in Palm Beach County, Florida, which
lies contiguous to said City, to-wit:
That tract of ].and, namely Lot 42 LAKE
SHORE ESTATES, Der Plat Book 25, Page 26,
Public Records of Palm Beach County,
Flor ida.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to 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-1AA, as defined by existing
ordinances of the City of Delray B~ach, Florida.
SECTION 4. That the land hereinabove described shall immed-
iately become subject to all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be, and persons residing
thereon shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or
Dart of this ordinance shall be declared illegal by a court of comDe-
tent jurisdiction, such record of illegality shall in no way affect
the remaining portion.
PASSED AND ADOPTED in regular session on the second and final
reading on the 8th day of May, 1972.
· . /, '., /
// M 'A Y O R /
ATTEST:
/
_ /.j~.~_¢-. ~_~.~.. ( .. ~.. '1..~ ..,.
86-K
ORDINANCE NO. 8-72
AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17
PERTAINING TO OFFENSES BY ADDING SEC. 17-34,
MAKING IT U~LAWFUL TO HAVE ANY FIRES - OPEN
BURNING WITHIN THE CITY LIMITS, DEFINING OPEN
BURNING, PROVIDING EXCEPTIONS, AND ESTABLISHING
PENALTIES.
WI~EREAS, air pollution is a matter of concern to the
public health and welfare; and,
WHEREAS, open fires are creating air pollution and
nuisances affecting the health and welfare of citizens of Delray
Beach in the air they breathe and the cleanliness of their homes
and Dossessions such as air conditioners, roof tops, pools, out-
door furniture and plantings; and,
WHEREAS, open fires in the creation of smoke, odors,
ashes and soot present a danger to traffic on the streets and the
surrounding area;
NOW,: THEREFORE, be it ordained by the City Council of
the City of Delray Beach, Florida, as follows:
Section 1. That Chapter 17 "Offenses" of the Code of
Ordinances be amended by adding the following section:
"Sec. 17-34. Fires - Open Burning.
a. It shall be unlawful to have any open
burning within the city limits on public or
private property except for fire training pur-
poses or recreational or ceremonial occasions
for which written permits from the Fire DeDart-
ment are required.
b. No permits will be issued for any open
burning on the public beach.
c. Open burning m~ans any outdoor fire or
open combustion of material excepting barbecuing.
d. Any person who violates these provisions
and the owner of the land who allows these viola-
tions shall upon conviction be punished as provided
in Sec. 1-6 of the Code of Ordinances of Delray
Beach."
Section 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 3. Specific authority to codify this ordinance in
the City's Code is hereby granted.
PASSED AND ADOPTED in regular session on this second and
final reading on this the 8th day of May, 1972.
.,.
ATTEST:
,?.? :,, ,,
:>.i- "' '~' '
City Clerk,? ./
First Reading ~Dril 24, 1972
Srcond Reading May ~, 1972
86-L
F~SOLUTiON NO. 24-72.
A RESOLU i .... ~ OF ~,~ CITY COUNCIL O~ THE CITY
OF DEL~AY B~?~Ct{, FLOi~IDA, AUTHO~IZT~G ...... ,-,~.~UL
PURCHASE Ol? 34 ACk,ES OF LAND LOCAT~D BETWEEN
~ -.~-~ ~ ~ -~..-,~
NORTH CO~',G.{.~oS AVENUE AND THE SEA~><,.~RD RAIL-
ROAD, ABUTTZNG LAKE WO~{TH DRAINAGE DISTRICT
LATERAL C~qAL 30 ON THE NORTH FOR THE LOCATION
OF A WASTE TREATmeNT PLANT AND SETTING FORTH
THE TERMS OF SAID PURCHASE.
WHEREAS, the City of Delray Beach, Florida. is under mandate from
the State of Florida to provide at least secondary waste treatment for
sewage by January 1, 1973; and
WHEREAS the City of Delray Beach, Florida, has been designated
the agency t~ provide waste treatment and disposal in the Delray Beach
service area; and
WHEREAS, Russell and Axon, Consulting Engineers, have recommended
the 34 acres of land as the proper site for the location of an adequate
secondary waste treatment plant; and
WHEREAS, the City Administration has negotiated with the owner of
said 34 acres of land; and
WHEREAS, the City Council deems it to be in the best interests
of the City of Delray Beach to authorize the purchase of 34 acres of
land, including easements, to be used for the location of a waste
treatment plan~;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That the proper City officials are authorized to execute a
contract with the owner for the purchase of 34 acres of land and for a
perpetual easement for sewer and water lines, service roads and other
utilities and ingress and egress as shown on the attached drawing (all
subject to proper survey).
2. That the purchase price shall be $15,000.00 per acre
($510,000.00) with 10% down or $51,000'.00 upon signing the contract and
the balance at the time of closing.
3. That the closing shall take place within 10 days after the
City receives its funds from the proposed sale of approximately
$3,700,000.00 sewer and water revenue bonds. Regardless of the sale
of the bonds, in any event, the transaction shall be closed on or be-
fore December 31, 1972.
4. That the owner is to provide title insurance, at his expense,
showing no liens, restrictions, leases, or any other encumbrances, ex-
cept 1972 County taxes which will be prorated at the date of closing.
5., That the owner shall pay for the documentary stamps on the deed
6. That no real estate broker is to be recognized in this trans-
action.
7. That no other terms or conditions except the purchase of land
and granting of easements are to be involved with or made a part of the
contract.
PASSED AND ADOPTED by the City Council while in regular session on
this the 8th day of May, 1972.
~TTEST:
L/..r':?., :",'>.-' ' ." , ', ,"
city CIe'rk ./.,
86-M
J I
I
o ' ! T Iii
. Ei~SCflT. TOLkV.£ ~ /
~ ~ LOCATED IN THE NW QUARTER OF
~lg s~c~.~,~s, . ~ s
RUSSELL ~ AXON .-..
" CONSULTING ENGINEERS
PROP. SITE
~or
SEWAGE TREA~'JENT PLANT
PE,.gB A7 B g~ C_H , E~_
DR.BY.DEP ~JOB 5964-Se-3/
, CK.BY:jHK iOATE:S/8/72
86-N