07-10-72 JULY 10t 1972.
A regular meeting of the City Council of the City of
Delray Beach, Florida, was called to order in the Council Chambers
at 7:30 P.M., Monday, July 10, 1972, by Mayor James H. Scheifley,
with 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 Dr. Frederic F. Bush
of the St. Paul's Episcopal Church of Delray Beach.
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 June 26, 1972, were
unanimously ~approved on motion by Mr. Youngblood, seconded by Mr.
Saunders.
4.a. Mr. Weekes said he is not certain that the property he is
concerned with is within the City limits but that he has received
complaints about the storage of junk automobiles on the west side
of Congress Avenue at its intersection with West Atlantic Avenue.
City Manager Mariott reported that this item had been
checked today and that property is outside the City limits. He
'~aid that a complaint could be made to the County.
4.b. Mayor Scheifley said that several weeks ago Mr. Weekes
had made a complaint about the traffic light at the intersection of
Atlantic Avenue and Ocean Boulevard and the problem of indicating
it as a delayed light has been corrected. He said that today a
similar complaint had been received concerning the traffic light at
the intersection of Ocean Boulevard and N. E. 8th Street. The City
Manager said that he would check ~is problem.
5.¢i Mr. Robert Grauch, 154 Gleason Street, asked if Council
has given any further consideration to the petitions filed with
Council more than two years ago relative to the widening of Ingraham
Avenue and Ocean Terrace from Gleason Street to A1A, more particu-
larly to obtaining additional rights-of-way rather than widening of
the paved streets.
City Manager Mariott said that item is scheduled for con-
sideration by CoUncil at workshop during Budget considerations, and
that Mr. Grauch would be advised of the time it is to be considered.
Mr. Grauch reminded Council of a Public Hearing to be held
on July 18th on a site plan for Ocean Beach Lot 25, which property
is adjacent to the streets in question.
6.a. City Manager Mariott reported that the term of Dr. Frederic
F. Bush, Jr. as a member of the Delray Beach Housing Authority ex-
pires on July 14th, and the appointment of a member to serve as his
replacement will be for a term of four (4) years.
On motion by Mr. Saunders and seconded by Mr. Youngblood,
this item was referred to workshop meeting for consideration with an
appointment to be made at a later date.
6.b. Regarding establishment of a Beach Erosion Control Line,
the City Manager reminded Council that the City initiated a. request
of the Trustees of the Internal Improvement Trust Fund in Tallahas-
see for approval of the establishment of a Beach Erosion Control Line
as reflected on plans drawn by Arthur V. Strock and Associates, the
City's Consulting Engineers on the Beach Restoration Program. At
. that time it became necessary for the City to secure signatures
on certain documents provided by the Trustees of the Internal Improve-
ment Trust Fund of owners of land upward from the proposed erosion
control line. City Manager Mariott said that a considerable ~mount
of the land in question is public land and he therefore executed the
documents on behalf of the City. He recommended that Council, by
formal motion, ratify the execution of those documents by the City
Manager. It was so moved by Mr. Saunders, seconded by Mr. Youngblood
and unanimously passed.
6.c. City Manager Mariott reported that the sale of $280,000.
in Cigarette Tax Bonds, Series 1972, for purchase of the Ecological
Utilities, Inc. water and sewer systems makes necessary the monthly
deposit into the Cigarette Tax Sinking Fund, sufficient monies .to
make principal and interest payments on this debt obligation when
due. This debt service should be funded by water and sewer funds,
using cigarette taxes as a guarantee for the bond holders.
The City. Manager recommended that Council authorize the
transfer of $26,632. from the Water and Sewer Fund Contingency
Account to the Cigarette Tax Fund to cover monthly payments into
the sinking fund for the months of June, July, August and September,
1972, the balance of this fiscal year.
Council unanimously authorized the transfer of $26,632.
from the Water and Sewer Fund Contingency Account as recommended by
the City Manager on motion by Mr. Weekes, seconded by Mr. Saunders.
6.d. The City Manager reported receipt of an easement deed for
a 40-foot street right-of-way, in part of Lot 1, Block 1, Section.
21-46-43, lying between S.E. 4th and 6th Streets approximately a
block East of Swinton Avenue. He said that since development is
now in progress on land adjacent to the eastern boundary of the
proposed street right-of-way as a resul~ of prior City approval of
the proposed development and street patterns relating thereto, it
is recommended that acceptance of said right-of-way deed be referred
to the Planning and Zoning-Board for study and recommendation.
The City Manager rePorted that in 1967 the former owner of
this property, Mr. T. M. O'Neal, had offered to dedicate this. 40-
foot right-of-way to the city, but the City did not wish .to accept it
unless Mr. O'Neal would dedicate a 25-foot right-of-way over the
south end of his property to Swinton Avenue. Such dedication would
then provide a 50 foot width for S. E. 6th Street opening, to extend
easterly from South Swinton Avenue to connect with the North-South
40-foot right-of-way. Mr. O'Neal did not dedicate the 25-foot right-
of-way therefore the 40-foot right-of-way was not accepted.
Acceptance of the 40-foot street right-of-way easement deed
was unanimously referred to the Planning and Zoning Board for study
and recommendation, on motion by Mr. Youngblood and seconded by Mr.
Saunders.
7.a. Council was informed that Mr. Donald Meltz, 608 S.W. 16th
Avenue, Ft. Lauderdale, has made application on behalf of the Delray
Beach firefighters for permission to solicit funds by telephone in
the City of Delray Beach for sponsorship of a Country and Western
Show to be held in October, 1972. The City Manager recommended that
this request be referred to the Solicitations Co~-m~ittee for s~udy
and recommendation. It was so moved by Mrs. Martin, seconded by
Mr. Youngblood and unanimously carried.
- 2 - 7-10-72
8.a.' city Manager Mariott presented RESOLUTION NO. 33-72.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID
CITY: SETTING OUT AC~JAL COSTS INCURRED BY SAID
CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF' SUCH ABATEMENT OF SAID NUISANCES, AND
DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY
IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER
OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 33-72 and accompanying assessment .are attach-
ed to the official copy of these m~nuteso)
Resolution No. 33-72 was unanimously passed and adopted on
motion by Mr. Youngblood, seconded by Mrs. Martin.
8.b. The City Manager presented ORDINANCE NO. 13-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27,
SECTION 27-28, SECTION 27-28.1 AND SECTION
27-31, OF THE CODE OF ORDINANCES OF THIS CITY,
PERTAINING TO SEWER RATES AND SEWER CONNECTION
CHARGES FOR CONSUMERS OUTSIDE THE CORPORATE
LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA,
AND MAKING IT UNLAWFUL TO INTERFERE WITH THE
SEWAGE SYSTEM°
(Copy of Ordinance No. 13-72 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. 13-72, said Ordinance was unanimously passed and adopted on this
second and final reading, on motion by Mr. Saunders, seconded by
Mr. Weekes.
8.c. City Manager Mariott presented ORDINANCE NO. 14-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH, LOTS 1 THROUGH 44, INCLUSIVE,
BLOCK 15, AND LOTS 12 THROUGH 23, INCLUSIVE,
BLOCK 2, ALSO THE NORTH-SOUTH ALLEYS IN BLOCK
15, DEL-RATON PARK SUBDIVISION, WHICH LAND IS
CONTIGUOUS TO EXISTING 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 THEREOF.
The City Manager explained that the annexation of this
property for the proposed expansion of the Jack Nicklaus Pontiac
Agency is contingent upon replatting of the subject property. He
recommended that a Public Hearing be held on the Ordinance, but
the Ordinance not be passed on second and final reading tonight,
pending filing of an appropriate replat by the applicant, referral
of the plat to the Planning and Zoning .Board, and recommendation
from the Planning and Zoning Board.
- 3 - 7-10-72
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, concerning Ordinance No. 14-72,
and there were no objections to said Ordinance.
Attorney James Warren; associated with Ronald Fayles,
representing the petitioner, asked that Council adopt the Ordinance
tonight, subject to Planning and Zoning Board approval of the Plat,
as the time element is an important factor. The City Attorney did
not approve passage of the Ordinance in that manner. The City Manag-
er informed Council that he felt it would be unwise to pass the
Ordinance tonight as there are some variables involved in this item.
The replat of the subject property was unanimously referred
to. the Planning and Zoning Board for study and recommendation, on
motion by Mr. Saunders, seconded b.y Mr. Youngblood.
Upon recommendation of the City Attorney, Ordinance No.
14-72 was unanimously tabled until a report is received from the
Planning and Zoning Board on the Plat of the subject property, on
motion by Mr. Saunders, seconded' by Mr. Youngblood.
8.d. City Manager Mariott presented ORDINANCE NO. 16-72.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
TO BE EFFECTIVE FOR A PERIOD NOT TO EXCEED 90 DAYS,
ESTABLISHING 'A PROCEDURE FOR OBTAINING BUILDING
PERMITS FOR COMMERCIAL, INDUSTRIAL AND MULTIPLE
FAMILY DWELLINGS UP TO AND INCLUDING NINE (9) UNITS.
The City Manager said this Ordinance had been prePared as
a result of discUssion at the June 27th Council workshop meeting cOn-
cerning a recommendation of the Planning and Zoning Board that Council
establish a moratorium on zoning changes and development of certain
properties in the City. He explained that this ordinance is a part
of the substitution for the action Council decided upon in lieu of
enacting an ordinance calling for a moratorium on certain development
in Delray Beach. In regard to rezoning application, Council deter-
mined that they would be held. in abeyance until such time as 'their
passage would not unduly interfere with the recommendations of the
proposed Land Use Plan.
Ordinance No. 16-72 was unanimously placed on first read-
ing, on motion by Mr. Saunders, seconded by Mrs. Martin.
9.a. The City Manager reported that the Planning and Zoning
Board, at a meeting held on January 18th, 1972, recommended that
Council approve the Final Plat of Rosemont Villas Subdivision, locat-
ed west of S.W. 4th Avenue and a half-block north of S.W. 9th Street.
On January 24th, the Council approved the Final Plat of Rosemont
Villas Unit A. The City Manager said that all City requirements
having been met, it is recommended that Council approve the Final
Plat of Rosemont Villas Unit B at this time. .
The Final Plat of Rosemont Villas Unit B was unanimouSly
approved on motion by Mrs. Martin, seconded by Mr. Saunders.
9.b. The City Manager reported that the Planning and Zoning'
Board at a meeting held on June 27th, recommended by a vote of 4 to
1 that Council approve the site plan for development'of a 1608~unit
multiple family complex on the north side of Lowson Boulevard and
the west side of Homewood Boulevard, being 108 acres lying in the
SW% of Section 18-46-43 and NW¼ of Section 19-46-43. The City
Manager said this site plan was approved by the Beautification
Committee subject to certain modifications, and had been reviewed
by Council at its June 27th workshop meeting. He said there.had bee~
objections to said site plan at the Public Hearing held by the
Planning and Zoning Board.
- 4 - 7-10-72
Sovereign Industries Limited, the petitioner for Site Plan
on the subject property, was represented by Attorney Elliott Barnett;
Louis Wolfe and Associates, Architects, Inc.; a Landscape Architect;
and Arthur V. Strock and Associates, Inc., Consulting Engineers.
Sketches of the proposed improvements were displayed and explained in
detail by these different representatives of Sovereign Industries.
The proposed plans were for forty-two (42) three-story buildings and
twenty-four (24) One-story buildings, with a density of 15 units per
acre.
Attorney Ernest Simon, representing various property owners
living on Homewood Boulevard, also the Sherwood Park Civic Association,
objected to the proposed site plan, particularly the three-story
buildings, density, traffic flow onto Homewood Boulevard, ~a suggestion
that the City pay.for a portion of'the construction of Dover Road, and
the question of drainage of the proposed lakes. He also objected to
there not being another public hearing after changes were made to the
site plan. Following lengthy comments, Mr. Simon submitted that the
developers should include in their project plans the north 18 acres
of their ownership abutting West Atlantic Avenue; that the developer
should pave Dover Road; have proper entrance and exit onto Atlantic
Avenue from the center of their property; eliminate all the traffic
exits on Homewood Boulevard; and that there be fewer than forty-two
(42) three-story buildings.
Various property owners and residents of the area asked
questions concerning development of the property and objected to the
.proposed site plan.
Following general discussion by Council, Mr. Saunders moved
that this site plan be denied, the motion being seconded by Mrs.
Martin and unanimously passed.
9.c. City Manager Mariott informed Council that the Planning and
Zoning Board, at a meeting held on June 27th, recommended by unanimous
vote that Council approve the site plan.for a 10 acre, 128-unit
multiple family development proposed by Mr~ John Walker, located at
the northwest corner of the intersection of Linton Boulevard with
Dover Road, being the southeast corner of the SE¼ of Section 24-46-42.
The City Manager said the Beautification Committee has approved the
site plan with the proviso that a more detailed plan be submitted by
the developer, and that said plan had been reviewed by Council at its
June 27th workshop meeting.
Attorney Robert Gilligan and Architect Robert Hall, repre-
senting the petitioner, were present.
This site plan was unanimously approved, on motion by Mr.
Weekes, seconded by Mr. Youngblood.
9.d. The City Manager reported that the Planning and Zoning
Board at a meeting held on May 16th, recommended by unanimous vote
that the Council deny the site plan for a 45-unit rental apartment
project on that part of the W½ of SW¼ of NE¼ of SW¼ of Section 18-46-43,
lying north of State Road No. 806, located at 2701-2749 West Atlantic
Avenue. He said this site plan had been reviewed by Council at the
June 27th workshop meeting.
Mr. Thomas J. Becker, Trustee, the applicant, reviewed the
procedure he had gone through in preparing plans that conformed with
requirements of the present zoning of the land, and meetings with the
Planning and Zoning Board and Beautification Committee from the date
of submitting his application in April. He said the failure to meet
the requirements of the proposed Land Use Plan is the basis on which
the Planning and Zoning Board recommended that the site plan be denied.
He asked Council to approve his site plan as submitted in the RM-1
zone, 15-units per acre on a 3 acre tract, as he feels that is what
he is entitled to.
The reasons given by the Planning and Zoning Board for recom-
- 5 - 7-10-72
mending denial of the site plan were that the development would not
be compatible with the surrounding area, High Point and Breezy
Ridge Estates, and the fact that the future Land Use Map designates
this property to have a maximum density of 6-units per acre.
Mr. Saunders moved to sustain the recolmmendations of the
Planning and Zoning Board and deny the site plan, the motion being
seconded by Mrs. Martin and unanimously passed.
9.e. The City Manager reported that recently the City received a
request for installation of a "Best Western" sign at the Spanish Inn,
1111 East Atlantic Avenue. The Planning and Zoning Board recommended
approval of the installation of the sign. Council,at its June 26th
meeting, referred this matter to a workshop meeting, with further
Council consideration tonight. Th~ City Manager said the 'item had
not been discussed at a workshop meeting due to Mr. Grazdiel being
out of town.
Mr. J. Watson Dunbar, Secretary of the Beach Property
Owners' Association, reported that he had talked to Mr. Solomon, a
superior of Mr. Grazdiel and explained what he felt would be accept-
able in the way of a "Best Western" sign.
Following discussion, Mr. Saunders moved to take this item
off the table, the motion being seconded by Mr. Weekes and unanimous-
ly passed.
Mr. Weekes then moved that this matter be referred to a work-
shop meeting for further consideration at such time as Mr. Grazdiel
can be present. The motion was seconded by Mr. Youngblood and passed
'~nanimously.
The City Manager agreed to notify Mr. Dunbar of the work-
shop meeting when this item would be discussed.
10.a. The following Bills for Approval were unanimously approved
for payment on motion by Mr. Youngbloo~ and seconded by Mr. Weekes.
General Fund $149,641.78
Water Revenue Fund 22,538.85
Utilities Tax Revenue Fund 25,440.00
Refundable Deposits Fund 15,000.00
Cigarette Tax Fund 60,047.72
Capital Improvement Construction 105,595.59
Trust Fund
Beach Restoration Fund 3,500.00
10.b. 1. The City Manager informed Council that the developer of a
portion of the Lake Delray Apartments development is obligated to
install a sanitary sewer to serve his property and had preliminary
plans to'install a sewer line some distance south of Dotterel Road.
The City Manager said it is the'feeling of the City that the installa-
tion of the sewer line at this location would be a loss as far as
future connections to the line are concerned. He said the City pre-
vailed upon the developer to redraw the plans and relocate the sewer
line along the Dotterel Road right-of-way beginning at an existing
man-hole a short distance west of Lindell Boulevard and extending
generally in a westerly direction near Audubon Boulevard. This would
be a larger and deeper sewer installation than the Lake Delray Devel-
oper would need, however, it would be capable of serving other pro-
perties to the north and west and would be the best installation as
far as the City is concerned. The City Manager said the developer is
willing to change his plans for a City participation of $5,000. Also
that the City Attorney has advised it is legal for the City to parti-
cipate in this installation cost without the City actually submitting
it to bid and awarding the contract as a City contract since the
$5,000. would be the difference in cosf of installation of a larger
line to meet the City's needs in addition to the needs of the develop-
- 6 - 7-10-72
er. The City Manager recommended that Council approve the transfer
of $5,000. from the Water and Sewer Fund Contingency Account to
participate in the project just described. He said the project
would be designed and built to meet all City requirements and
specifications.
Mr. Saunders moved for approval of the transfer of $5,000.
from the Water and Sewer Fund Contingency Account to participate in
the sewer installation project described by the City Manager, the
motion being seconded by Mr. Youngblood and unanimously passed.
10.b. 2. The City Manager informed Council of receipt of an applica-
tion from Mr. Sam A. Koplin for annexation in RM-1A Multiple Family
Dwelling District of the North 120 feet of South 2420 feet of Section
28-46-43, which lies north of the east and west quarter section line
through said section and east of the easterly boundary line of State
Road A1A, located at 1845 South Ocean Boulevard. He recommended that
this petition be referred to the Planning and Zoning Board for recom-
mendation. It was so moved by Mr. Weekes, seconded by Mrs. Martin
and unanimously passed.
10.b. 3. City Manager Mariott informed Council that the 46th Annual
Convention of the Florida League of Cities will be held in Bal Harbour,
Florida, on October 20, 21.and 22, 1972. He said they are again ask-
ing the Cities if they'wish to place paid advertisements in the
Special Convention issue of the Florida Municipal Record.
On motion by Mr. Weekes and seconded by Mrs. Martin, Council
'~nanimously approved placing a one-quarter page advertisement at a
cost of $72.00, the money 'for same to be paid from the Chamber of
Commerce Publicity Account.
Mayor Scheifleyannounced that Vice-Mayor Weekes is scheduled
to be elected Vice-President of the Palm Beach County Municipal League
on Friday, July 14th.
10.b. 4. The city Manager .said there had been a recent request from
Arthur R. Sprott, representing Irving Sussman, Trustee~ for annexation
of 73 acres of land, located north of Lake Ida Road between Barwick
Road and Military Trail, lying in the SW¼ of Section 12-46-42, subject
to RM-1 zoning classification. The Planning and Zoning Board, at a
meeting held on June 20th, unanimously recommended that the land be
annexed subject to R-lA Single Family Dwelling District.. He said this
item had been discussed at a Council workshop meeting at Which the
Planning and Zoning Board and the applicant were represented, 'and the
matter was deferred for action at a future date. The City Manager
reported that he had received a telephone call from the representative
of the applicant late today asking that Council be informed tonight
that the applicant is now agreeable to accepting annexation subject
to R-lA zoning as recommended by the Planning and Zoning Board.
Attorney James W. Nowlin, Jr., representing the petitioner,
was present and reported that since agreeing to annexation in the
R-lA zone they have not had an opportunity to prepare· sketches or
plans for development of the subject property.
Mr. Weekes moved that the City Attorney be instructed to
prepare an ordinance for annexation ·of this property, subject to
R-lA zoning classification. The motion was seconded by Mr. Youngblood
and passed unanimously.
10.b. 5. The City Manager announced that there would be a joint·
Council-Planning and Zoning Board workshop meeting at 7:30 P.M., on
July 17th, with regard to the Master Plan, which meeting would
follow a 7:00 P.M. Council workshop meeting.
- 7 - 7-10-72
10.b. 6. Mrs. Martin asked what date t'ne Dew Water Treatment Plant
would be ready for operation. The City Manager reported that it
should be ready for operation sometime bet~;c~en the middle and end of
August, and the delay of completion had been due %o two union strikes.
The meeting adjourned at 9:35 P.M.
~L~LLIE E. YATES City Clerk
APPROVED: ~ ~
/MAYOR %~
- 8 - 7-10-72
A RESOLUTION OF THE CITY COUNC:£L OF TLrE CITY gl? DELRAY
BEACH, FLORIDA, ~oo:~I~,~ CO~:~ FOR A~ATING NUISANCES
UPON CERTAIN ~.u .[u~CAuED ~.~'r~?r~ SAID CITY; SETT!kG
OUT ACT~AL C~c'~ ~'~c"~R~D ~:'vD ,.~
.~,~.,:, .Lr.~.~.:u .~ BYo:~.,.,- CITY TO ACCOc. PI,~_~,H
..... "".'"" Ai~ z& ~INt; THE COST
OF SAIDt~,o,~,~.~,':~ "~?~ AU'O. DECL~RI~,:G SAID L~%5' TO BE A
LIEN UPON SAID PROPEiI'PY IN AN ,:AOUN~ AS SHO?iN BY RE-
PORT OF THE CITY ~51NAGER OF DEL~Y 5EACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach, did, in
._regular ~VD~/~/////////session held on the 13th day of
--. !072 declare the existence of a nui-
sance upon certain lots or parcels of land, described in a list s~-
mitred to them, for violation of the provisions of Ordinance G-147;
WHEREAS, pursuant to such deClargtion, the City Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice describing the nature of the nuisance and
~at they must abate said nuisance within thirty (30) days, failing
in which ~e City Council would have it done, and the cost thereof
would be levied as an assessment against said property; and
~REAS, the o~ers hereinafter named did fail and neglect to
abate the nuisance existing upon their respective lands within the
time prescribed in said notice and Ordinance G-147, and the City of
· .Delray Beach was required to and did enter upon the following lands
and incur costs in abating the nuisance existing thereon as described
in the aforesaid list; and
~EREAS, the City Manager of the City of Delray Beach, has, pur-
suant to said Ordinance G-lA7 and the City Charter submitted to the
City Council a report of the costs incurred in abating the nuisance
as aforesaid, said report indicating the costs per parcel of land
involved.
NOW, THE~FO~, BE IT ~SOL~D BY T~ CITY CO~CIL OF THE CITY
OF'.DEL~Y BEACH, FLOR~A, AS FOLLOWS:
l. That assessments in the individual amounts as sho~ by the
report of the City Manager of the City of Delray Beach, involving the
City's cost of abating the aforesaid nuisances upon the lots or par-
cels of land described in said report, a copy of which is attached
he~eto and made a part hereof, are levied against the parcels of land
described on said report and in the amounts indicated thereon. Said
assessments so levied shall be a lien upon the respective lots and
parcels of land described in said report, of the same nature and to
the same extent as the lien for general city taxes and shall be col-
lectible in the same manner and with the same penalties and under the
same provisions as to sale and foreclosure as city taxes are collect-
ible.
2. That the City Clerk of said City shall, as soon as possible
after the effective date, record a certified copy of this resolution
in the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, and shall furnish to each of the owners named in and
upon said report a notice that the City Council of the City of Delray
Beach, did, on the 13th day of }4arch, 1972
order the abatement of a certain nuisance existing on their described
property and property owner having failed to abate such nuisance,
within the 30 day period, whereupon it was abated by the City at costs
shown in said report and such assessments shall be legal, valid and
binding Obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 days from the
date of adoption, and the assessments contained herein shall become
due and payable thirty days after the mailing date of the notice of
said assessment, after which interest shall accrue at the rate of 6%
per annum on any unpaid portion thereof.
PASSED A~D ADOPTED in regular._ s~ipn on t~, l~h ~av~ of
Connection charges by users of the City sewerage
system wholly outside the corpor~te ].~mits of said
City be, and the same are, hereby fixed at sums equal
to the rates sho%a~ in the above schedule, plus twenty-
five (25%) per cent of each respective classification.
Such connection charge shall be paid to the City at the
time of obtaining a permit for said connection and
shall be in addition to the pe~nit fee. The size of
said connection shall be determined by the plumbing
inspector in accordance with Chapter 21 of this Code."
(b) That subsections (a), (~), (c), (d) and (e) of Se0.27-28.1
shall remain in full force and effect.
Section 3. That Section 27-31, Chapter 27 of the
Code of Ordinances of the City be amended as follows:
"Sec. 27-31. Permit required to open public sewers.
It shall be unlawful for any unauthorized person to
uncover, make any opening into, use, alter, or disturb
any public sewer or appurtenance 'thereof without first
obtaining a written permit from the plumbing inspector,
subject to the approval of the city engineer."
Section 4. Should any section or provision of this
Ordinance or any portion thereof, or any paragraph, sentence or
word be declared by a Court Of competent jurisdiction to be
invalid, such decision shall not affect the validity of' the
remainder hereof, other than the part'declared to be invalid.
Section 5. Authority to Codify. This Ordinance may
be codified and incorporated into the City's existing code.
PASSED AND ADOPTED in regular session on the second and
final reading on the 10th day of July . , 1972.
ATTEST:
City
First Reading. June 26, 1972
Second Reading Ju%.y 10, 1972
-2-
ORDINANCE NO. 13-72
! 24-,-C
ORDINANCE NO. 13-72.
AN ORDINANCE OF T~E CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENqDING CHAPTER 27,
SECTION 27-28, SECTION 27-28.1 AND SECTION
27-31, OF THE CODE OF ORDINANCES OF THIS CITY,
PERTAINING TO SEWER RATES AND SEWER CONNECTION
CHARGES FOR CONSUMERS OUTSIDE THE CORPORATE
LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA,
AND MAKING IT UArLA~L TO INTERFERE WITH THE
SEWAGE SYSTEM.
WHEREAS, the City· of Delray Beach, Florida, has been
designated by the Palm Beach Area Pollution Board as the Service
AgencY for Area No. 5; and,
WHEREAS, the City of Delray Beach is expanding its sewer
service outside the corporate limits of the City; and,
WHEREAS, Florida Statute 180.191 authorizes the City
to surcharge consumers outside the City limits at twenty-five (25%)
~per cent of the in-city rate; and,
WHEREAS, the City Council deems it to be in the best
interests of the City to levy such surcharge;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS F6LLOWS:
Section 1. That Section 27-28, Chapter 27 of the
Code of Ordinances of the City be amended by adding Subsection (c)
which shall read as follows:
"Sec. 27-28 (c). The monthly sanitation sewerage
service charge by users of the City sewerage system
wholly outside the corporate limits of said City be
and the same are hereby fixed at sums equal to the
rates shown in the schedule set forth in subpara-
graphs (a) and (b) hereinabove, plus twenty-five
(25%) per cent of each respective classification."
Section 2. That Section 27-28.1, Chapter 27 of the
Code of Ordinances of the City be amended as follOws:
(a) "Sec. 27-28.1. Sewer connection charges. In addition
to the rates set forth in Section 27-28, there is
hereby established a sewer connection charge for each
connection to the City's sewage collection system
which shall be based on the size of pipe as follows:
Size Connection Cha'rqe
4 inch $150.00
5 inch $175.00
6 inch $200.00
8 inch $250.00.
10 inch $300.00
12 inch and over $350.00~
-1-
1.
COST OF ABATING NUISANCE UNDER ORDIN~2'~CE NO. G-147.
March 13, 1972 list.
PROPERTY DESCRIPTION OWNER ASSESSMENT
Lots 14 and 15, Block 63, Genevieve Theresa Taylor,Est.
Delray Beach, Florida c/° Donald J. Taylor $210.00