08-28-72 .~_~u.~ meeting of the City Cou]'~cil of the City of
Delra~y Beac2n, Flori. c'~, t~:.as l.'~e].d in %'he Council Chg,.tubers at 7:.,0 P.M. ,
Monday, Aua~ust 28 1972, with Mavor J~mes H. o ~ ~
.~ . , .. oc..~e~.fley presiding,
City' Rane.ger J. El. don Mariott, City Attorney G. Robert Fellows, and
Council b~embers Grace S. HRrtin, J. L. Saunders, Leon M. Weekes,
and O. F~ Youngblood present.
The opening prayer was delivered by Reverend Richard
Murphy of the Ascension Catholic Church, Boca Raton, Florida.
~e Pledge of Allegiance to the Flag of the United Sta~es
of America was then given.
..3.' The minuqes of the regular meeting of August 14, 1972,
were unanimously approved on motion by Mrs. Martin, seconded by
Mr. Saunders.
4.a. Mr. Saunders reported to Council that the Chamber of
Commerce parking lot shrubbery needed attention. He also
mentioned that he had received a request for an additional or larger
refuse container on the South side of Publix Market as the containers
presently in use overflow during the weekend periods. He then re-
quested that Mr. Harvel, Director of Public Works, be asked to look
into the matter.
4.b. Mayor Scheifley presented a plaque to Mr. Roger Coffey
for his outstanding achievement as Coach at Carver High School
during 1968 and 1969. Mr. Coffey expressed his gratitude for the
honor and also his deep appreciation of the cooperation and help
of the_many people who had worked with him.
5. None.
6.a. The City Manager stated that at the August 14, 1972,
meeting of the City Council, a Public Hearing was held regarding the
proposed Master Plan and related ordinances and resolutions. The
objectors to the proposed Master Plan were invited to a City Council
workshop meeting. At the conclusion of the workshop meeting, Council
had decided, upon advice of the City Attorney, that at the next
regular meeting Council would consider passing a motion with regard
to the disposition of those items. Mr. Mariott stated there were
changes that Council had informally decided to make, and also items
Council had determined not to change, for which changes had been
requested. The City Manager commented on some of the provisions and
changes, particularly regarding signs and interim classification for
the 1-95 right-of-way, as was discussed at the last workshop meeting.
The City Attorney reviewed the sign changes and the interim
ordinance. Mr. Fellows then suggested that Resolution No. 37-72 for
the adoption of the Master Plan, which was tabled pursuant to Mr.
Saunders' request, and was to be brought up again at this meeting,
be brought off the table and defeated. He reported that a new
resolution, which will be updated, concerning the adoption of the
Compret~ensive Plan, will be presented in the near future.
City Att:orney Fellows sL-.ated that~ the proposed Ordinance
21-72, implementing the M;_:.ster Plan, was also tab].ed; he suggested
that it be brought off tl%e table and amended, pursuant to a proposed
motion, copy of which was furnished ho Council, and calls for a
Public Hearing on same to be held on September 25, 1972.
--1--
Mr. Saunders made a motion to remove Resolution ~o.
37-72 from t¥~e t;~b!e, secsnded by Mr. Youn~fblood, and unanimously
carr';_ed.
Mr. Youngblood made a motion not to adopt Resolution No
37-72, said motion being seconded by Mrs. Martin, and unanimously
passe~..
Mr. Weekes moved that Ordinance No. 21-72 be removed
from the table, seconded by Mrs. Martin, and carried unanimously.
Some general discussion followed regarding a letter
dated Augus[: 22, 1972, from Mr. Emil F. Danciu, Vice President
of Southway Company, requesting that the proposed zoning of RM-15
be changed to a higher density on the South half (S 1/2) of Lot 13,
all of Lot 14, and the North 15.5' feet of Lot 15, Ocean Beach,
being property owned by that company.
Mr. Weekes made a motion not to change the proposed
zoning of that property, seconded by Mr. Saunders, and unanimously
carried.
Answering Mr. Saunders' question, Mayor Scheifley stated
that this would become Item 7. (i) and incorporated in the proposed
motion.
Following some discussion, City Attorney Fellows pro-
ceeded to read the following proposed motion:
"I move that the proposed comprehensive plan and pro-
posed implementing ordinance No. 21-72 be amended as follows:
1. That the RM-25 zoning district be abolished and
that those areas shall be upgraded to the designated zoning
district of RM-20 in the proposed zoning maps and land use plan.
2. ~fhat all reference to an RM-25 zoning district in
the proposed implementing zoning ordinance 21-72 be deleted in
Sections 29-2, 29-5.1, 29-6.7 and 29-7.3.
3. That the following changes be made on the proposed
zoning map for the City of Delray Beach 1972:
(a) Change Lots 1 thru 6 inclusive, Southern Pines
Subdivision and the adjoining acreage on the south measuring
166.20 front feet on Swinton Avenue, 647.7' on the north, 167.69'
on the west and 648.2' on the south, from R-lA zoning district to
SC zoning district.
(b) Change Lots 262 thru 281, Tropic Palms
Subdivision from RM-15 to R-1AA.
(c) Change Lots 1 thru 11 inclusive, and Lots 14
and 15, replat of Lots 2 and 3, Block 1, Model Land Company's
subdivision of the west half of Section 21-46-43 (aka "Sink's
Plat") and Lot 5, Anderson Block Subdivision, and all of the east
269' of the west 433' of the north 652.64' of the N-W 1/4 of
Section 21-46-43, lying west of the westerly right-of-way of the
FEC Railway, from R-lA to RM-10.
4. That Section 29-5 (E) (1) in the proposed implement-
ing ordinance No. 21-72 be amended to read as follows:
RM-10 RM-15
First two (2) units 6,000 sq ft
First three (3) units 8,000 sq ft
Each additional unit 4,600 sq ft 2,900 sq ft
Maximum floors 2 residential floors 5 residential floors
5. That there will be incorporated an interim zoning
district on the proposed zoning map of the City of Delray Beach
1972 and in the proposed implementing zoning ordinance 21-72
which will apply to all zoned property lying in the I 95 right of
way for a maximum of two years.
-2-
8-28-72.
6. ~Nqat all reference?, to signs in t}.~.e proposed implement-
lng zeninq ordinance 21-72 be deleted in
_ S ......~o].s 29-6 (K), 29-6 l (L),
29-6.2 (L), 29-7.]_ (Z) and 29-7.2 (G).
7. That the following requests for zoning changes on the
proposed zoning map of the City of Delray 3each 1972 are denied:
(a) Four-teen acre tract being that part of Model
Land Company's lo'ts 7, 8 e. nd 9 lying west of the FEC Railway in
Section 29-46-43, and nine acres in the east half of Section 29-46-43,
located south of the ]present Waste Transfer Plant and adjacent to the
FEC Railway. (Request change from R-1AA and P~M-15 to C-3.)
Objectors: Honchell and Sumrall.
(b) Plats 3 and 4, Tropic Palms Subdivision. (Request
change from R-1AA to RM-15 on Lots 812 thru 979 inclusive.) (Objector:
John Brennan, representing Charles Schmidt.)
(c) Lots 1, and 69 thru 72 inclusive, Tropic Isle
Harbor Shopping Center. (Request change from RM-20 to "commercial".)
(Objectors: Dr. R. A. Hillert and George Patterson, Atty., repre-
senting Keeler, Inc.)
(d) 19.5! acres in Del-Raton Park, not now in the
City of Delrey Beech. (Request change in "future land use map"
from RM-20 to "commercial".) (Objector: Jean Hogan on behalf of
clients. )
(e) Forty acres, more or less, being that part of
Lot 8, lying east of U. S. 1 and the south 662.2'+- of Lot il, and
the south 249' of Lots 13 and 29, and all of Lots 14, 15, 16, 30,
31 and 32, in Mode]. Land Company's subdivision of Section 21-46-43
and Tract No. 2, and the north 154,+- feet of Section 28-46-43 lying
east of Tract No. 2 and abutting the right-of-way of Linton Boulevard
(Request change from RM-20 to "commercial".)
(Objector: John H. Adams, Atty., representing Mr. and Mrs. John B.
McKee. )
(f) The east 150' feet of that part of Lot 10,
Block 1, lying south of the extension of the south line of Lot 24,
Block 2, and north of the extension of the south line of Lot 25,
Block 2, west of the westerly right-of-way of S. E. 5th Avenue,
less the North 25'feet for right-of-way, of Model Land Company's
subdivision of Section 21-46-43. (Request for change from RM-15
to "commercial".) (Objectors: Mr. W. W. Lundy of Gulf Oil
Cotnpany and Mrs. Carol McMillan Stanley, Atty., representin9
Messrs. Curtis Dodson and Earl Brown.)
(g) "Property in Section 21-46-43 in the vicinity
of S. E. 10th Street and Southbound Federal Highway" outside the
corporate limits of the City of Delray Beach. (Request a change
in future land use from RM-15 to C-2.) (Objector: Mr. James, Atty.,
representin9 A. L. Sutton.)
(h) "Lake Ray" Subdivision. (Request change from
RM-15 to RM-20.) (Objector: Mr. Abe Shapiro.)
(i) Southway Development Company request for a
higher density than the planned P~M-15 on the South half (S 1/2)
of Lot 13, all of Lot 14, and ~he North 15.5' feet of Lot 15,
Ocean Beach.
8. That the City Clerk be directed to run an ad for
a Pu'blic Hearing in compliance with the Charter and general laws,
to be held by the City Council of the City of Delray Beach,
Florida, on September 25, 1972, at 7:30 P.M., in the Council
Chambers at the Ci[y Hall, 100 N. W. 1 Avenue, for the purpose
of the adoption of the Comprehensive Plan end the consideration
of passing the proposed implementing Ordinance 21-72, on first
readin9."
Mr. Weekes so moved, seconded by Mr. Youngblood, and
unanimously carried.
--3--
8-28-72.
IiR~ auhhoFizatior~ be gJ.vt}n ])5' p;~%:::;a, ge oil ik.':~so!uti, on No. 4.2-72, for
the execution of an ago'cement with ttl)e Sea'board Cc}est. Line
Company to permit t'he City t.e instal! and maint:ain, for the purpose
of a water main, a line of 2d-inch cast iron pipe across the right-
of-way and under the main track at S. W. 10 Si:feet. This motion
was duly seconded by Mrs. Martin, and passed unanimously. Said
Resolution No. 42-72 is captiened as follows:
A RESOLUTION OF ~{E CITY CO~N'CIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE E~CUTiON OF AGREEI'X~NT FOR !NSTAL~TION
OF A WATER P~!N PIPE LINE ACROSS THE RIGHT-
OF-WAY AND UNDER THE }~IN T~CK OF THE
SEABOAPOD COAST LINE RAILROAD COMPAN~ AT S. W.
10~ STNEET, DEL~Y BEA~, FLORIDA.
(Copy of Resolution No. 42-72 is attached to the official copy of
these minutes.)
6.c. City Manager Mariott informed Council that the following
bids were received and opened on July 31, 1972, for the City to
buy an ambulance that will be used by the Fire Department:
Bidder Bid
Southern Ambulance $14,980.00
LaGrange, GA
Modular Ambulance $14,915.00
Dallas, Texas
He stated that a check in the amount of $14,980.00 had been received
from the De!ray Beach Business and Professional Women's Club, said
Club having collected sufficient money to pay for the purchase of
the Southern A~ulance vehicle in the amount of $14,980.00, which
he recomraended. Mrs. Martin so moved,, seconded by Mr. Youngblood,
and unanimously carried.
Mr. Saunders suggested that the Delray Beach Business and
Professional Women's Club be commended for raising the money for a
City ambulance and asked that a resolution be prepared by the City
Attorney and presented to the organization at the next meeting.
7.a.. City Manager Mariott stated that a request dated August 17,
1972, which asked Council to give its apprcval for the operation of
an automobile wrecking yard at 110 N. W. 18 Avenue, had been
received from Richard W. Borst, 3828 Lake !da Road, Delray Beach,
Florida. After some discussion, Mr. Weekes made a motion, seconded
by Mr. Saunders, and unanimously carried, that Mr. Borst's request
to operate an automobile wrecking yard at !10 N. W. 18 Avenue,
Delray Beach, be approved.
7.b. The Mayor requested the record show that Councilwoman
Martin had removed herself from the Council Chambers during con-
sideration and action on this item, due to conflict of interest
regarding same.
The City Manager informed Council t. hat presently five
(5) Certificates of Public Convenience and Necessity are held by
S. W. Martin, under the name of [lomar Taxi, Inc., doing business as
Delray Beach Taxi., for the operatJon of five (5) taxicabs within
the City. }ia stated that an application from Nerchel A.and Alverna
F. Donaldson, of Delray I%each, had been received, for a transfer of
-4- 8-28-72.
these Certi~fJc;i~tes to them for {~'.he operation .cf this business. Nit.
Mari,,}tl.~ recommended {fnat Conncil mo',,~e %o tcansfer the Certifica'hos,
as requested. Mr~ Saunders made a motien 'to that effect, seconded
by hr. Youngbleod, and unanimously carried.
7.c. Mayor Scheifley duly acknowledged receipt of the minutes
of the Beautification Committee meeting dated August 2, 1972. He
referred to Mr. Gomery's statement regarding the trash receptacles
on the beach and suggested that the City Manager look into the
matter.
8.a. The City Manager presented RESOLUTION NO. 41-72.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN I~%NDS LOCATED WITHIN SAID CITY; SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LE\rYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECIARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY IN AN AMOU-NT AS SHO~N BY
REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 41-72 and assessment are attached to the
official copy of these minutes.)
He explained that the property in question, as set forth
in the Resolution, was Lot 21, Block B, Tourist Nook, 216 N. W.
8 Avenue, owned by Mr. Russell E. Brown, and the amount of the
assessment was $145.00. Mrs. Martin made a motion that Resolution
No. 41-72 be adopted, seconded by Mr. Saunders, and unanimously
carried.
8.b. City Manager Mariott presented RESOLUTION NO. 43-72.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, DECLARING INTENT TO ANNEX
FOREST DRIVE LYING IN THE NW 1/4 AND SW 1/4 OF THE
NE 1/4 OF SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA.
(Copy of Resolution No. 43-72 is attached to the official copy of
these minutes.)
He explained in detail the present situation regarding
the above described property, including the exact location of
same, and also the City's involvement with the County regarding
this property.
Mrs. Martin moved for the passage of Resolution No. 43-72,
seconded by Mr. Youngblood, and unanimously carried.
8.c. The City Manager Mariott presented RESOLUTION NO. 44-72.
A RESOLUTION OF THE CITY COUNCIL OF THE CI77 OF
DELRAY BEACH, FLORIDA, ADOPTING THE AREA P~iNNING
BOARD OF PAI~ BEACH COUNTY PLAN FOR REGIONAL WATER
SUPPLY TREATmeNT AND DISTRIBUTION; AND REGIONAL
SEWAGE COLLECTION, TREATMENT AND DISPOSAL, DATED
MARCH 9, 1972.
(Copy of Resolution No. 44-72 is attached to the official copy of
these minutes.)
-5-
8-28-72.
Hr~ Nasieht expl~a'!_ned tl~e r~ecess~ry skeps 't:Nat
be t~l~:en ko oh'heJ_n tl~e ?'srea P]~nn~ng 3;<~ard'~. appreve]_ regerdin}
Fedel~l gran't ~f~nds in con?,<-,c't, io'~ wl.k.l, {:~e Cik_y's rc~liona], water
and se'.;er sea:vices, i~ is necessary (:Na~: ~he rcgionel plan for
water and sewer se.trice approved earlier this year t)y the State
Pol!ui-~ien Conhro] L~eard end[ Area Ple. Rning eenrd be a. pproved by
the Cihy of Del_ray Beach in erder ~o ot~[.ain approval by the Area
P.lanning Board of tl:e City's pending applicon%ion for Federal
grant funds.
Mr. Saunders moved for qbe adoption of Resolution No.
4z~-72, seconded by Mr. Weekes, and nnanimously carried.
8.d. The City Manager presented RESOZUTION NO. 45-72.
A RESOLUTION OF THE CI%~ COUllCI~ OF THE CITY OF
DEL~AY BEACH, FLORIDA, A}.~IN'G RESOLUTION NO.
36-72 TO PROVIDE FOR VACATING AMI} ABANDONING OF
ADDITIONAL EASEMENTS A~ PORTIONS OF STREET
RIGHTS-OP-¥~[AY IN DEL-R[~TON PARK SUBDIVISION.
(Copy of Resolution No. 45-72 is attached %o the official copy of
'hhese minutes.)
Hr. Youngbtood moved for the adoption of Resolution No.
45-72, motion seconded by Mr. Saunders, and carried unanimously.
8.e. City Manager Mario%t presented Oi~INANCE NO. 23-72.
AN O~INANCE OF THE CI~ COUNCIL OF THE CI~ OF
DEL~Y BEACh, FLORIDA, ANNEXING TO THE CI~Z OF
DEL~Y BEACH, CERTAIN ~N~S LYING IN THE SOUT~ST
QUARTER (SW 1/4) OF SECTION 12, TOK~'SHIP 46 SOUTH,
~NGE 42 EAST, ALSO PORTIONS OF ~IKE IDA ROAD AND
BARWICK RO~, WHICH ~S ARE CONTIGUOUS TO EXISTING
M~qlCIPAL LIMITS OF SAiD CI~; REDEFINING THE
BO~ARIES OF SAID CI%~ TO INCL~E SAID ~N~S;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
~S; A~ PROVIDING FOR THE ZONING T~REOF.
(Copy of Ordinance No. 23-72 is a~tached to the official copy of
these minutes.
A Public Hearing was declared open by Mayor Scheifley,
having been legally advertised in compliance with the laws of the
S%ate of Florida and the Charter of the City of Delray Beach, and
there being no objections to Ordinance No. 23-72, said Ordinance
was unanimously passed on this second and final reading, on motion
of Mr. Saunders, and seconded by Mr. Youngblood.
8.f. The City Manager presented O~INANCE NO. 24-72.
AN O~!NANCE OF THE CITY CO~CIL OF THE CI~ OF
DEL~Y BEACH, FLORIDA, AN~XlNG TO THE CI~~ OF
DEL~Y BEACH CERTAIN I~ND LYING iN SECTION 8,
TOI,~SH!P 46 SOU%'i[, RANGE 43 EAST, K~-]}ICH ~}~ND
CONTIGUOUS TO EXISTING HUNICIPAL LIMITS OF SAID
CITY; REDEFiJiN!NG 'iIIE NO'[JI~JARIES OF SAID CITY TO
INCL[TDE SAID IRND; PROVIDING FOR THE RIGHTS A~
OBLIGATIONS OF SAID ~; AN~ PROVIDING FOR THE
ZONING Ti~EREOF.
(Copy of Ordinance No. 24-72 is attached ~o the official copy
these minutes.)
--6--
8-28-72.
A Pub].ic Henring was held, ]'~avJ. ng been legally ar]vertised
in compii~.nce with. the laws of the State off Nlorida ;~.nd -the Charte~
of tl':e City of Del. ray Beach, and t'here bei~og no o]:)jcctiol~ '~::o
ORDINANCE NO. 24-72, sa.id Ordinance was un;,n-~imeusly carried on
this seco}:~d and final reading, on motion of Mrs. Martin, seconded
by Fir. Weekes.
8.g__. The City Manager presented ORDINANCE NO. 25-72.
AN ORDINANCE OP Ti-[~ CITY OF DELRitY BEACH AMENDING
SECTIONS 9-6.5 AND 9-6.6, CODE OF OPd}INANCES OF
SAID CITY PERTAINING TO REGUIAT!ONS LIHITING THE
HOURS FOR CERTAIN BUI!~}ING CONSTRUCTION IN THE
CITY OF DEL!L~Y BEACH, AND PROVIDING PENALTIES
FOR THE VIOLATION THEREOF.
(Copy of Ordinance NO. 25-72 is attached to the official copy of
these minutes.)
A Public }{earing was held, having been legally advertised
in compliance wJ. th the laws of the State of Florida and the Charter
of the City of Delray Beach, and there being no objection to
ORDINANCE NO. 25-72, said Ordinance was unanimously passed and
adopted on this second and final reading, on motion of Mr.
Youngblood, seconded~by Mr. Weekes.
8.h. The City Manager presented ORDINANCE NO. 26-72.
AN ORDINANCE OF THE CITY COUNCIL OF ~{E CITY OF
DELRAY BEACH, FLORIDA, AMENDING Ct~PTER 27,
SECTION 27-2, SECTION 27-3, SECTION 27-5 AND
SECTION 27-28, OF THE CODE OF ORDINANCES OF THIS
CITY, PERTAINING TO WATER METER INSTALLATION COST,
WATER RATES, SERVICE C~RGES AND SEWER RATES AND
CHARGES.
.(Copy of Ordinance No. 26-72 is attached to the official copy of
these minutes.)
City Manager Mariott explained that increasing the
City's water and sewer rates, as recommended by Consulting
Engineers Russell & Axon in their January, 1972 report would
help facilitate the City's planned expansion and improvement of
water and sewer services. He said it would also be necessary to
float a water and sewer revenue bond issue later this year in the
amount of approximately $5,000,000.00, which, in addition to the
grant funds the City expects to receive, will provide for the
financing of these aforementioned improvements.
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, regarding Ordinance No. 26-72.
Mr. Everett Palmatier, President, Beach Property Owners'
Association, expressed concern regarding the possibility of the
City's applying a portion of the funds which will be collected to
assist developers to the West of the City, at the expense of the
property owners who have been in the City for many years.
The City Manager stated that for scme time the City has
been meeting wit'h several developers to the West who need water
and sewer facilities extended to serve their planned developments
and 'that certain agreements are being considered. It has been made
clear by the City to these developers that the City does not intend
to use any of the City's money, upcoming bond issue money, or pro-
posed grant funds to provide 'those services.
-7-
8-28-72.
~r. George Harzen, Ha.ca{i~r ef thc Grosvenor House,
represents, ed i~imsel.f and t~'~e following N}ar~agers and Apar'tme~s
li. si~ed: C-harles l.g'eaver, Sarr Terrace; Ed. li{~imer, Miramnr Garden
Apartments: Steve Krishian, Deltai, Summit; Russell Schul_hm, The
Eastwinds} Ray Hiller, I, anikai Villas; and Pen Cha]_craft, The
Dorchester, koeaiing 3,%2 apartments. He objected to the increase
in rates, and suggested tabling the Ordinance at this time as many
apartment ewr~ers are out of town.
Mayor Scheifley explained that the City is under State
orders to provide e Sewage Treetmene Plant for Region No. 5, that
Region covering ~he territory from the Atlantic Ocean to the Turnpike,
the northern limits of Boca Raton to the southern limits of Boynton
Beach, including Gulfstream, Highland Beach and unincorporated areas,
with a time limit on comp!etlon of the plant. By increasing the
wader and sewer rates, the City is showing good faith in attempting
eo comply with the State requirement in construceion of the proper
Sewage Treatment Plant. The Mayor said Delray Beach is attempting
ho be the first City in the State to hove third staged sewerage
treatment.
City Manager Mariott said the City of Delray Beach is under
order from the State of Florida to have a new 90~ Sewage Treatment
Plant constructed and in operation by January, 1973. About nine
other cities along the coast are under that order and it will be
impossible to comply with these orders by that date. It will be
necessary to ask the State Pollution Control Board for an extension
of time, as there is a very costly penalty if the time limit is not
met. He eseimated that it would be mid-1974 before the Treatment
Plant is completed and in operation.
The City Manager explained that the increase in sewer rate
percentage is so high because the rates in Delray Beach are so low
now in comparison with other cities, and even with the new rates
will still be lower than many other cities that are considering
increasing their rates. He reported that %he Fiscal Agents, Con-
sulting Engineers, and Bond Counsel in New York City all feel that
the new rate structure for water and sewer services is low.
Mr. Ernest F. Schier asked when the new rates would be
effective and if the sewer rates for Highland Beach would be
increased. He was informed that the rates would become effective
on October 1, 1972. Mr. John Klinck, of Russell & Axon, reported
that Highland Beach's rates would be raised proportionately.
Mr. John D. Bazley, 60 Venetian Drive, commented on the
proposed rate increase and bond issue, as well as a recent General
Obligation Bond Issue and construction of the Water Treatment Plant.
Mr. Bazley said that he did not believe garbage collection
only two times a week would be sufficient during the winter season.
Mr. J. W. Dunbar asked if use of the ocean outfall would
be discontinued when the Sewage Treatment Plant is completed. He
was informed thae it would continue to be in use.
Mr. John Klinck of Russell & Axon, Consulting Engineers,
commented on the rate increase and construction of the Sewage
Treatment Plant. He also answered questions from the audience.
Following comments by Council members, Mr. Saunders moved
that Ordinance No. 26-72 be passed and adopted on this second and
final reading, seconded by Mr. Youngblood, and unanimously carried.
-8-
8-28-72.
.......... ~ .... p ..... e ....eu C)_,,D_:~;,~, 1, . 7-72
AN Oi?D!N~,'" .... ' OF ....
' '~9~~ '' ~'""~" .... JO .....
DE ..... W LIt,A<,d CiSRTAtN IP, NOS LYING
32 AN9 33, TOWNS!~{iP 46 SO'0']?;t, RANCE 43 EAST,
WiiICH lANDS ARE CONTIGUOUS TO EX'i. Si"ING
MUNICIPAl, I, INiTS OP SAID Ci!lJ~; REi)E}PiN'ING THE
BOUi'~ARIES OF c ...... } ,
oAit CITY TO iNCLUDE SAiD LAI'U)S
PROVIDING FOR THE RIGHTS AND OBLiGi~TIONS OF
SAID ]5PeNDS; AN~ PROVIDING FOR THE ZONING
TkE~O~
(Copy of Ordinance No. 27-12 is attached to the official copy of
these minutes.)
A Public Hearing was declared open by Mayor Scheifley,
baaing 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 objection to Ordinance No. 27-72, said Ordinance
was unanimously - ~ " ,
paoseQ and adopted on' this secend and final reading
on motion of Hrs. Martin, seconded by Hr. Weekes.
~ The City Manager presented O~INANCE NO. 28-72.
AN ORDINANCE OF THE CITY CO~CIL 0F THE CITY OF
DEL~Y BEA~}{, FLORIDA ANNEXING TO THE CI~~ OF
DELP~Y BEACH CERTAIN ~ LYING iN SECTION 28,
TOWNSHIP 46 SOUTH, ~NGE 43 EAST, ~tiCH ~N~ IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BONN~ARIES OF SAID CI~ TO
INCL~E SAID ~lh~: PROVIDING FOR TP~ RIGHTS A~
OBLIGATIONS OF SAID ~}~i AND PROV~ING FOR THE
ZONING THEREOF.
(Copy of Ordinance No. 28-72 is attached to the official copy of
these minutes.)
A Public Hearing was declared open by Mayor Scheifley,
having been legally advertised in compliance with the laws of the
State of Florida and t'he Charter of the City of Delray Beach, and
there being no objection to Ordinance No. 28-72, said Ordinance
was unanimously passed and adopted on this second and final
reading, on motion of Hr. Youngblood, seconded by Mrs. Martin.
8.k ' The City Manager presented ORDINANCE NO. 29-72.
AN O~!NANCE OF THE CI~W COUNCIL OF THE CITY OF
DEL~Y BEACH, FLORIDA, ANNEXING TO THE CI~ OF
DEL~Y BEACH CERTAIN L%~S LYING IN SECTION 7,
TOWNSHIP 46 SOUTH, ~NGE 43 EAST, i~IICH LA~S
ARE CONTIGUOUS TO EXISTING M~ICIPAL LIMITS OF
SAID CITY; REDEFINING TIlE BO~DARIES OP SAID
CI~ TO INCLINE SAID I~S: PROVIDING FOR THE
RIGHTS AI~ OBLIGATIONS OF SAID I2tNDS: AND
PROVIDING FOR TIlE ZONING TtiEREOF.
I-te stated, that at its August 14, 1972, meeting tb.e Ceuncil
grante(t the ~-,n,-~icant's ..
'.~:-F-~ recuest for annexetien of 210.47 acres
of land on the North side of Lake Ida Road, West of Congress
Avenue, subject to ~4-2 zoning, with the exception of a 100-foot
strip East along Davis Road being annexed subject to R-I~AB
zoning and a tract of lond consisting of 1.85 acres located on the
--9--
8-28-72.
............. ~,~ Road, Easl. (.;F ',~
stAb jot't: 'ho C-3 zoh
~ ' 2 was L~:r~at~imou,31v p'L~ced oR first
OrdinaRce ~.k..~. 29-7 ., .
re,ding, on Kto~ion by L,~r'~- Sa. unders an.d seconded :~V ~,..r ''~ Youn<rblood
. 0~ Iz~ .~., C NO. 30-12
~_1~.~ The City M~nager nresented ,e - ~-~,~ ,p .
....... · ........ L Ti]]~ R,. COUNCIL C)F '7i{E CiTY OF
DE LtblY '"' ~'
~ ........ ~iN PUBLIC
~:.~nnClI~ FI,ORIDA, ANNEXING ~q':" '
SECTION 24, TOWNSHIP 46 SOUTH, Pd~.,~:~ 4.2 EAST,
WHICH IS LOCATED iN Tk[E DEL~AY BEACH RESERVE
AREA.
He stated that this is %he Ordinance annexing a portion of Forest
Drive that was covered by a Resolution passed during the earlier
part of this meeting. Mr. Mariott recommended that Council con-
sider passage of Ordinance 30-72 on first reading. Hrs. Martin so
moved, seconded by Mr. Saunders and unanimously carried.
,8~tNt The City Manager presented O~INANCE NO. 31-72.
AN O~INANCE OF TitE CITY COUNCIL OF THE CITY OF
DEL~Y BEACH, FLORIDA, REZONING AND PLACING THE
WEST QUARTER OF LOT 29 LESS THE SOUTH 155 FEET
OF ~E EAST 70 FEET A~ LESS ~E NORTH 50 FOOT
RIGHT-OF-WAY, SECTION 20, TO~SHIP 46 SOUTH,
~NGE 43 EAST, PAI,M BEACil CO~TY, FLORIDA, !N
"~t-2 MULTIPLE FAMILY D[4~LLING DISTRICT,"
AME~ING "ZONING ~P OF DEL~Y BEACH, FLORIDA,
1969."
He stated that at i~s August 15, 1972, meeting, the Planning and
Zoning Board recommended by unanimous vote, that %his property
located at ]_102 through 1130 S. W. 10 Street be rezoned from
C-2 to RM-2. Mr. Mariott recommended that Council consider
passage of Ordinance No. 31-72 on first reading. Mr. Saunders
so moved, seconded by Mr. Weekes, and unanimously approved.
10.a. The following BILLS FOR APPROVAL were unanimously
approved for payment on motJ. on by Mr. Saunders, and seconded by
Mr. Youngblood:
General Fund $252,673.93
Water Revenue Fund $ 91,397.88
Special Assessment Fund $ 228.00
Utilities Tax Revenue Fund $ 10.96
Refundable Deposit Fund $ 2,080.00
Beach Restoration Fund $ 6].1.30
Capital Improvements Construction
Trust Fund $ 16,408.80
Sinking Fund, Cigarette Tax Bonds,
Series 1965 $ 42,812.50
.... ]_n~.ozmed Council that be h~d received
10.b. The City Manager ' =
a two-part packet of material from fi.he Beau~ifica-hion Committee,
tha'h the Committee desired C. ouncil to consJ.der at a workshop
meeLing. One item concerning a proposed ordinance drafted under
the auspices of the Beautification Committee regarding h'he
preservation and care of braes, and {fha other i.%:em concerning
the possible emplo)r'ment of a City Forester. Cihy Mana{~er
presented Council with copies of this material.
-10-
8 - 28- 72.
165
a'~'~ t;'i'io?":~;~;c u'he cit~~ C].~r'K 'to ' ' ''~ i:l~ ,.h:.
.,. cotnp!~ ~, [.rat i. 5 Of
i 0. ,::t' - '-J-"-'" .... ~f ;'~an;~.ger N,:~.~ z..~*- ~ ' o-~t- :':educs~ed., %1-~; c e workshop meeting
poss~;e!.e for all ...... of Council to be present.
.~..,,.¥o.. Scheifley commented r,~, the proposed Beautification
CommitLee Lree ordinence, commended that committee for its work on
same, and asked Council to give it their consideration.
10.f.. Hal?Dr Scheifley announced tha%t the Palm Beac'h County
~4.unicipaZ Leegue had scheduled a dinner meeting at the Breakers
~..k..~ .......... 8 1972 at 7:30 P.M. He said-Lhat all County
Commission:irs, Legis!e. tive Deleg'~ites end Candidates will be invited,
and that t'he candidates would be introduced.
l_Q_.,g_u The Mayor reported that Senator Philip D. Lewis had
called him prior to the meehing and stated hhat he had received
the City's telegram with respect, to the proposed legislation in
connection with municipal bonds. Senator Lewis agreed with 'the
thougirtse~p" .... '~essed in the telegram.
The:n'=-~;'n=..~n,~ adjourned at 9:50 P.M.
HALLIE E. YATES
City Clerk
APPROVED:
8-28-72.
166 - A
RESOLUTION NO. 42-72.
A RESOLUTION OF !.tHE CITY COUNCIL O5' THE
CITY OF DZ]iJcAY BEACH, FLORIDA, AUTHORIZING
THE .... ~_u~ OF ~~,~ FOR INSTALLATION
OF A WATER ~'~IN PIPE LINE ACROSS THE RIGHT-
OF-WAY AND UNDER THE ~L~IN TRACK OF THE
SEABOARD COAST LINE ~XILROAD COMPANY AT S. W.
10th STREET, DELRAY BEACH, FLORIDA.
BE IT RESOLVED, by the City Council of the City of Delray
Beach, Florida, a Florida municipal corporation, as follows:
1. That the City of Delray Beach, a municipal corporation
of the State of Florida, does hereby contract and agree to enter
into an agreement with the Seaboard Coast Line Railroad Company,
wherein and whereby the said City of Delray Beach is given the
right and privilege to ins'tall and maintain, for the purpose of
a water main, a line of 24-inch cast iron pipe across the right-
of-way and under the main track of said Railroad Company at S. W.
10th Street, Delray Beach, Florida, at a point 1,964 feet north-
wardly measured along the center line of said track from Mile
Post SX-989, to be installed and maintained as set forth in
AGREEMENT FOR MUNICIPAL PIPE LINE, dated July 31st, 1972, as
prepared by the Licensor, and which is attached hereto and made
a part hereof.
Said location is shown on print as prepared by Russell &
Axon, Consulting Engineers, Inc., dated March 17, 1972, Delray
Beach, Florida, Project No. 5964-3g-8g-CP.
2. That the Mayor with the attestation of the City Clerk,
be and they are hereby authorized and directed to execute said
agreement for and on behalf of said City of Delray Beach.
3. That this resolution shall take effect immediately
up6n its passage.
PASSED AND ADOPTED this 28th day of August, 1972.
ATTEST:
City Clerk
R.,.SOLU..IOL , ._-72
- ........... ' .... ' .... ~'Y 166-B
71 P~ ~or.Lr'?;
~ACH, FLCtq~IDA,
b.~ ~,~ L CITY %'O ACCOMPLISH
OUT ~'~:.. ¢ .... COSTS ...... ...... ~_.
LIEN
PORT OF THE CITY [.U%NAGNR OF DEORAY B~:ACH, FLORIDA.
'WHER~.A~ S, the City_ Council of the City of Delray Beach, did, in
_~ular af~/~9////////// session held on the 22nd day of j4av, _
-- ~-~ ~ - ~ ~ ~: declare the existence of a nui-
sance upon certain lots or parcels of land, described in a list sub-
mitted to them, for violation of the provisions of Ordinance G-147;
WHEREAS, pursuant to such declaration, 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
that they must abate said nuisance within thirty (30) days, failing
in which the City Council would have it done, ~nd the cost thereof
%~uld be levied as an assessment against said property; and
W~REAS, the owners 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
~::E~AS, 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, THEREFOr, BE IT ~SOL~D BY T~ CITY COUNCIL OF T~ CITY
OF DEL~Y BEACH, FLORIDA, AS FOLLOWS:
1. That assessments in the individual amounts as shown 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
hereto 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 cit~ 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 De!ray
Beach, did, on the 22nd day of ~.Iay, 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
per annum on any unpaid portion thereof.
PASSED AND ADOPTED in ~]ar session~he ~ d~ of
Auqu.,t D
ATTEST: ,
166-~
COST OF ABATiL~G,.~TL UISANCE UNDER ORDINANCE NO. G-147.
~_4ay 22, 1972 list.
PROPERTY DESCRIPTION OWNER 'ASSESSMENT
Lot 21, Block B, Russell E. Brown $145.00
Tourist Nook.
=2-
RES. 41-72
166-D
RESOLUTION NO. 43-72.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELSEY BEACH, FI. ORiDA, DECLARING
INTENT TO _ANNEX FOREST DRIVE LYING IN THE
NW¼ AND SW¼ OF THE NE¼ OF SECTION 24,
TOWNSHIP 46 SOUTH, RAiqGE 42 EAST, PALM
BEACH COUNTY, FLORIDA.
WHEREAS, it is the intent of the Planning and Zoning Board
and the City Council that the portion of Forest Drive running
generally in a north-south direction through the property owned by
Peninsular Properties, Inc. be annexed to the City, and
WHEREAS, the Ordinance annexing the property owned by
Peninsular Properties, Inc. which has been passed by the City
Council inadvertently did not include the annexation of the portion
of Forest Drive running through the property, and
WHEREAS, it is the desire of the City Council that the sub-
ject portion of Forest Drive be annexed to the City as witnessed
by passage of Ordinance No. 30-72 on first reading on August 28th,
and
WHEREAS, the owner of said property desires that the prop-
erty be annexed to the City, and
WHEREAS, the Subject Forest Drive right-of-way is owned by
the County of Palm Beach, which it is understood the County is
willing to release ownership to the owner of Peninsular Properties,
'Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA:
That it is the stated and expressed intent of the City
Council of the City of Delray Beach to annex to the City of Delray
Beach the portion of Forest Drive running generally in a north-
south direction through the property owned by Peninsular Properties,
Inc.
PASSED AND ADOPTED in regular session on this 2$th day of
August, 1972. '
166-E
RESOLUTION ~,70. 44-°72.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPT]lNG THE AREA
PLANNING BOA[~ OF PAlM BEACH COUN~f PLAN FOR
REGIONAL WATER SUPPLY TRFJtTMENT AND DISTRIBU-
TION; AND REGIONAL SEWAGE COLLECTION, TREAT-
MENT AND DISPOSAL, DATED MARCH 9, 1972.
WHEREAS, the Environmental Protection Agency, the Florida
Department of Pollution Control and the Governor have designated
the Area Planning Board of Palm Beach County as responsible for
executing and maintaining a Pollution Control and Water Quality
Control Plan for Palm Beach County; and,
~EREAS, the execution and maintenance of this plan by the
Area Planning Board of Palm Beach County and the City's adoption
and continuing support of said plan for implementation is a
prerequisite for the City's participation in Federal construction
grant programs administered by the Environmental Protection Agency;
and,
WHEREAS, the City supports the overall intent, objectives,
standards and planning requirements set forth by Environmental
Protection Agency and the Florida Department of Pollution Control
to properly control waste disposal and protection of the City's
water quality; and,
WHEREAS, in coordination with the government of the City of
Delray Beach and its engineering and planning consultant, the
Area Planning Board of Palm Beach County incorporated the City's
plans and programs into the said planning to provide for a
regional solution to pollution and water quality control; and,
WHEREAS, in the City's review of said plan, the planning has
been found to complement the City's overall development plans and
programs, specifically those projections and plans dealing with
water quality control; and,
WHEREAS, the City's assigned service area of responsibility
for wastewater disposal and pollution control outside the exist-
ing City limits, as set forth by said Area Planning Board of
Palm Beach County planning, can be implemented through fair share
payment by others of their wastewater disposal costs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA:
That the City of Delray Beach hereby adopts the said Plan
for Regional Water Supply Treatment and D~stribution; and
Regional Sewage Collection, Treatment and Disposal, dated March
9, 1972.
PASSED AND ADOPTED this 28th day of August, 1972.
City Clerk/ '<
166-F
A iil':?,O],ll~.['It)~5 OF TIlE CIT'5 .... ,,,r ,-:, ,
OF ADI)ITIO?~AL EASID. It~N'I'S AND PORTIONS OF STI~EET
RiGttTS-OF-!'{AY IN DEI,-tLiTON PARK SUBDIVISION.
}~.'HEREAS, ALDEN, INC., the owner of Lots ].2 thru 23,
Block 2, and Lots 1 thru 44, Block 15 of I)E:,-R.-\TON PARK SUBDIVISION,
has made application to the City Council of Dolray Beach to vacate
and abandon portions of streets in DEL~RATON PARK SUBDIVISION, and
WHEREAS, said dedicated easements and street righ~-of-
way have never been opened or used, and are deemed not needed by
said City; and
WHEREAS, the City Council passed a Resolution on the 24th
day of Jul),, 1972, which failed to include some of the easements
and street rights-of-way petitioned for abandonment, which should
'have been included;
NOW, THEREFORE, BE IT RESOLVED BY TilE CITY COUNCIL OF
THE CITY OF DELRAY BEAC}I, FLORIDA:
That Resolution No. 36-72, passed and adopted on July
24, t972, be and the same is hereby amended to read as follows:
"That pursuant to Section Seven (7), Paragraph Three (-3)
of the Charter for the City of Delray Beach, Florida, it is hereby
determined to vacate and abandon any title and interest in the
following described property:
That part of Dixie Boulevard as sho;vn on the plat
of Del-Raton Park as recorded in Plat Book 14, page
9, bounded as follows: On the west by the east line
of Block 2; on the east by the west line of Block 1S
and the northerly and southerly extensions thereof;
on the south by the westerly extension of the center
line of Avenue "F"; on the North by the westerly
extension of the center line of Avenue "E"; A 10 feet
alley in Block 1S, Del-Raton Park bounded on the west
by the east line of Lots 1 to 10 inclusive; on the east
by the east by the west line of Lots 11 and 44 on the north
by the south line of Avenue "E" and on the south by the
north line of Avenue "F"; A 10 feet alley in Block 15,
Del-Raton Park bounded on the east by the west line of
Lots 23 to 32 inclusive, on the west by the east line
of Lots 22 and 33; on the north by the south line of
Avenue "E" and on the South by tile north line of Avenue
"F"; Public utility, easement over the north'3 feet of
Lots 11 to 22 inclusive, nnd the south 3 feet of Lots
33 to 44 inclusive, Block 15, Del-Raton Park; That part
of Avenue "E" as shown on l-he pi. at of Del-Raton Park
bounded on tile south by the north line of Block 15; on
the east andthe west by the northerly extension of the
east and west lines of Block 15 and bounded on the north
by the center line of' Avenue "ii" less the east 2 feet
of said parcel, and to renounce and disclaim any right
of the City and the public in and to any land in
connection therewi~l,
166-G
-2-
Res. 45-72
-2-
166-H
ORDINANCE NO. 23-72.
AN ORDINANCE OF TIiE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, A~Nt'~ING TO THE
CITY OF DELRAY BEACH, CERTAIN 7~NDS LYING IN
THE SOUTtfWEST QUARTER (SW ¼) OF SECTION 12,
TOWNSHIP 46 SOUTH, RANGE 42 EAST ALSO PORTIONS
OF LAKE. IDA ROAD AND BARWICK ROAD, WHICH LANDS
ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDS; AND
PROVIDING FOR THE ZONING T~REOF.
WHEREAS, IRVING SUSSMAN, Trustee, is the fee simple owner
of the lands hereinafter described; and
W~IEREAS, ARTHUR R. SPROTT, duly authorized agent in behalf
of Irving Sussman, Trustee, has petitioned and given permission
for the annexation of said lands by the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been auth-
orized to annex lands in accordance with Section 185.1 and Section
6A (4) of the City Charter of said City granted to it by the State
of Florida; and
WHEREAS, the City Council has determined it to be in the best
interest of the City to annex the said tract of land, subject to
~/~-1 zoning;
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 tracts of land located in Palm Beach County,
Florida, which lie contiguous to said City, to-wit:
The North Half (N. ~) of the Southwest Quarter (S.W. ¼)
of Section 12, Township 46 South, Range 42 East, Palm
Beach County, Florida, less the East 40 feet thereof, and
less the West 50.0 feet thereof, and less the South 40.0
feet thereof, containing approximately 81 acres.
ALSO, portions of Lake Ida Road and Barwick Road as now
laid out and in use described as follows:
That part of Lake Ida Road lying West of West right-of-
way line of Barwick Road and East of East right-of-way
line of State Road 809, also known as Military Trail;
said portion of Lake Ida Road lying in Section 12,
Township 46 South, Range 42 East;
and
That part of Barwick Road, lying North of North right-of-
way line of Lake .Ida Road and South of South line of Section
1, (also being the North line of Section 12), Township 46
South, Range 42 East, said portion of Barwick Road lying in
Section 12, Township 46 South, Range 42 East.
166-I
Section 2. That the boundaries of the City of Delray
Beach, Florida are hereby redefined so as to include therein the
above described tracts of ia~.d~ and said lands are hereby declared
to be within the corporate limits of the City of Delray Beach, Florida.
Section 3. That the lands first descrJ_bed are hereby declared
to be in Zoning District ~-1 as defined by existing ordinances of
the City of Delray Beach, Florida.
Section 4. That the lands hereinbefore described shall
immediately 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
part of this Ordinance shall be declared illegal by a Court of
competent jurisdiction, such record of illegality shall in no way
affect the remaining portion.
PASSED in regular session on the second and final reading
on the 28th day of August ,1972.
ATTEST:
First Reading .... ~uqust 14, 1972 .
Second Reading August 28, 1972.
- 2 -
Ordinance No. 23-72.
166-J
ORDINANCE NO. 24-72.
AN ORDINANCE OF THE CITY COUI~CIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELP~AY BEACH CERTAIN LAND LYING IN
SECTION 8, TOWNSHIP 46 SOUTH, _RANGE 43 EAST,
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;
AN~D PROVIDING FOR THE ZONING THEREOF.
WHEREAS, RAYMOND A. DELLA PORTA and MARGARET J.
DELLA PORTA, his wife, are the fee simple owners of the property
hereinafter described; and,
WHEREAS, RAYMOND A. DELLA PORTA and M~ARGARET J.
DELLA PORTA, his wife, by their petition, have consented and
given permission for the annexation of said property by the City
of Delray Beach; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized 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:
All of the East half (E 1/2)' of the South half (S 1/2)
of the East half (E 1/2) of the Southeast quarter
(SE 1/4) of Lot 2, less the East 25 feet thereof; and
the East 57 feet of the West half (West (1/2) of the
South half (S 1/2) of the East half (E 1/2) of South-
east quarter (SE 1/4) of Lot 2, located in Section 8,
Township 46 South, Range 43 East, according to a plat
thereof on file in the office of the Clerk of the
Circuit Court of Palm Beach County, Florida, in
Plat Book 1, Page 4, less the West 100 feet thereof.
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, ~lorida.
SECTION 3. That the tract of land hereinabove de-
scribed is hereby declared to be in Zoning District R-1AA, as
defined by existing ordinances of the City of Delray Beach,
Florida.
SECTION 4. That the land hereinabove described
shall immediately become subject to all of the franchises,
privileges, immunities, debts, obligations, liabilities,
ordinances and laws to which lands in the City of Delray Beach
166-K
Page 2. Ordinance No. 24-72.
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 part of this Ordinance shall be declared illegal by
a Court of competent 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 28th day of August 1972
ATTEST:
' 5' /' "~
City Clerk
First Reading August 14, 1972
Second Readin~ August 28, 1972.
-2-
166-L
ORDINANCE NO. 25-72.
AN ORDINANCE OF ~ CITY OF DELP~Y BEACH AMeNdING
SECTIONS 9-6.5 .AND 9-6.6, CODE OF ORDINANCES OF
SAID CITY. PERTAINING TO REGULATIONS LIMITING THE
HOURS FOR CERTAIN BUILDING CONSTRUCTION IN THE
CITY OF DELRAY BEA~{, AND PROVIDING PENALTIES
FOR THE VIOLATION THEREOF.
WHEREAS, on the 12th day of October, 1964, the City Council
of the City of Delray Beach, Florida, passed Ordinance G-570 which
was codified as Section 9-6.5 and 9-6.6; and
WHEREAS, said ordinance limited construction or building which
would cause vibrations, noises, shaking or jarring to the hours from
8:00 o'clock A.M. to 5:00 o'clock P.M., Mondays through Saturdays
of each week; and
WHEREAS, the City Council of the City of Delray Beach, Florida,
de~ms it to be for the best interest and health, welfare and safety
of the citizens of this City that such construction and building,
when being done by an owner or lessee of a residential home should
be allowed after said hours,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Delray Beach, Florida as follows:
Section 1. Sections 9-6.5 and 9-6.6, Chapter 9, Code of
.Ordinances of the City of Delray Beach, Florida, be, and the same
are hereby amended to read as follows:
"Section 9-6.5. Construction work causing vibrations, noise,
etc. Limited to specified days and hours.
No construction or building of any type causing vibrations,
noises, shaking or jarring to be emitted therefrom shall be carried
on or performed within the City of Delray Beach, Florida, except
between the hours from 8:00 o'clock A.M. to 5:00 o'clock P.M. on
Monday through Saturday of each week during the year except that
the owner or lessee of a single family residence, when a city
license is not required, may work on his property during the hours
of 8:00 o'clock A.M. Lo 8:00 P.M. on Monday through Saturday.
Section 9-6.6. Same--Penalty for violation of Section 9-6.5.
It shall be unlawful for any person, firm or corporation engag-
ing in such construction or building between the hours of 5:00
o'clock P.M. of one day and 8:00 o'clock A.M. of the following day
and between 5:00 o'clock P.M. Saturday and 8:00 o'clock A.M. of
the following Monday in the City of Delray Beach, except for the
owner or lessee of a single family residence, when a city license
is not required, who shall not engage in such construction between
the hours of 8:00 o'clock P.M. of one day and 8:00 o'clock A.M. of
the following day and between 8:00 o'clock P.M. Saturday and 8:00
o'clock A.M. of the following Monday as aforesaid, unless the same
be emergency work, and shall be punished in accordance with Chapter
1, Section 1-6, Code of Ordinances of this City."
Section 2. Any ordinance or ordinances, or part or parts of
any ordinance in conflict herewith are hereby repealed.
PASSED in regular session on second and final reading on this
28th day of August , 1972.
· City Clerk ,./
First Reading.. August !.4, 1972 Second Reading August 28t 1972-_
166-M
ORDINANCE NO. 26-72.
AN OF~DINANCE OF %~{E CI%~f COUNC]~L OF TIlE
CITY OF DELRAY BEACH, FLORIDA, A~ENDING
CttAPTER 27, SECTION 27-2, SECTION 27-3,
SECTION 27-5 A~ID SECTION 27-28, OF THE
CODE OF O~DINANCES OF 'DI{!S CITY,
PERTAINING TO WATER METER INSTALI2ITION
COST, WATER RATES, SERVICE C!~LAkGES AND
SEWER RATES AND CtlARGES.
WHEREAS, due to the growth of the City of Delray Beach, it is
necessary to provide for new sewage treatment facilities, force
mains and sewer collection system improvements, sewer system and
rehabilitation and repairs to the existing collection facilities,
the sewering of unsewered areas, water main extensions, water
treatment plant expansion, water supply and. water main extensions,
and
~rlEREAS, the income derived from existing rates charged for
water and sewer service furnished are insufficient to provide funds
(1) to pay the cost of maintaining, repairing and operating the
water and sewage plant and water and sewage facilities, and to
provide reserves therefor, and for replacements and depreciation
and necessary extensions and enlargements; (2) to pay the principal
and interest on all outstanding revenue bonds and/or certificates
payable therefrom, as the same shall become due and provide reserves
therefor; and (3) to provide a margin of safety for making such
payments and providing such reserves, and
WHEREAS, it is deemed advisable and in the best economic
interest of the City to construct and acquire additions, extensions
and improvements to the water system and the sanitary sewer system
of said City, and
WHEREAS, the city is under Mandate from the State to improve
its sewage treatment, and
WHEREAS, it is necessary to issue revenue bonds to finance
the said improvements, and .
WHEREAS, to obtain the necessary income to issue a revenue
bond, the water and sewer charges must be increased;
NOW, THEREFORE, BE IT ORDAINED BY 15{E CITY COUNCIL OF THE
CITY OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 27-2, Chapter 27 of the Code of
Ordinances of the City be amended to read as follows:
"Sec. 27-2. Meters--Minimum size; cost of installation; use
of fire hydrants.
(a) The minimum size meter to be used at the residence
or place of business of the water customers of the city shall be
as follows: ~
3/4 inch meter--users having 10 fixtures or less
1 inch meter--users having from 11 to 24 fixtures,
both inclusive
1 1/2 inch meter--users having from 25 to 50, both
inclusive
166-N
For users having more than fifty (50) fixtures, the size
meter to be determined by the City Water Department. (Each ex-
terior outlet shall be considered a separate fixture.)
(b) Meter installation charges shall be as follows:
Meter Size Charge
3/4" $ 120.00
1" 170.00
1 1/2" 280.00
2" 380.00
3" 1,040.00
4" 1,490.00
(c) The charges to users 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 subparagraph
(a) hereinabove plus twenty-five per cent (25%) of each respective
classificiation.
(d) Tapping charges to contractors and other persons
requiring water for temporary use only, shall be charged to cover
labor in installing and removal and for equipment damaged while on
the job; and a reasonable deposit shall be made to cover such labor
and damage, in addition to the deposit insuring payment for water
consumed, as hereafter set forth.
(e) Fire hydrants shall not be used for obtaining water
under any circumstances, except by consent of the Fire Chief, and
under his regulation and control, or some employee of the Water
Department under the direction of the Chief of the Fire Department.
In case fire hydrants are used for obtaining water, a twenty dollar
($20.00) deposit shall be required and a charge of five dollars
($5.00) shall be made for each connection. All water shall be
metered and a charge of forty cents ($0.40) per thousand (1,000)
gallons shall be made for all water consumed. The minimum daily
charge for water from such hydrants, ~hall be two dollars ($2.00)".
Section 2. That Section 27-3, Chapter 27 of the Code of
Ordinances of the City be amended to read as follows:
"Sec. 27-3. Rates.
(a) The rates for water furnished by the water facilities
or plant of the City of Delray Beach, Florida, to consumers within
the corporate limits of said City be and the same are hereby
fixed as shown upon the following schedule:
(1,000 Gals.) 3/4" Meter 1" Meter 1 1/2" Meter 2" Meter
0-5 Min. $3.60 Min. $4.50 Min. $7.20 Min. $8.40
5-10 .30 .30 Min. $7.20 Min. $8.40
All above 10 .30 .30 .30 .30
-2-
Ordinance No. 26-72.
166-0
(b) The rates for water furnished by the water
facilities or plant of the City of Delray Beach, Florida, to
consumers 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 subparagraph (a) hereinabove plus twenty-
five per cent (25%) of each respective classification."
Section 3. That Section 27-5, Chapter 27, of the Code of
Ordinances of the City be amended to read as follows:
"Sec. 27-5. Application for service; non-payment of bill;
suspension of service; reinstallation of service; testing meters.
(a) Upon application for water service, and payment.
of deposit as required by this Chapter, water will be turned on
as soon as practical. Bills shall be rendered each customer each
month, and shall be due and payable forthwith. Any bill remaining
unpaid for a period of thirty days after rendition shall become
delinquent, and if not paid within eighteen (18) days after being
delinquent, the water shall be cut off and service terminated
without notice to the consumer. Water will be cut off at any time
requested by the consumer and guarantee of deposit refunded upon
settlement of all back charges.
(b) At the option of the water department, the water
meter may be removed~by the Water Department whenever water is cut
off, either by request of the consumer or by the Water Department
for non-payment of charges, or for other reasons, and a charge of
three dollars and fifty cents ($3.50) shall be paid before water
service is resumed.
(c) Any person using a water meter may have the same
tested for accuracy by the City requestiDg such test from the
City Manager and by depositing the sum of five dollars ($5.00) for
3/4" and 1" meters or twenty dollars ($20.00) for 1 1/2" meters and
larger with the City Manager to cover the cost for such testing.
If such test reveals that the meter is accurate, the sum paid
shall be retained by the City; if such test reveals that the meter
is inaccurate and to the detriment of the user, the City Manager
shall have a new meter installed for ~uch water used, and the sum
paid will be returned to the person depositing same."
Section 4. That Section 27-28, Chapter 27, of the Code of
Ordinances of the City be amended to read as follows:
"Sec. 27-28. Rates and charges for services and facilities.
The following rates and charges shall be collected from the
users of the City sewerage system:
(a) Residential units. '
A monthly sanitary sewage service charge is hereby
imposed upon each residential dwelling unit, as more specifically
set forth hereinafter, to which sanitary sewage service is available
through the facilities afforded by the municipally owned sewerage
system, according to the following schedule:
Single family residential dwelling, for the first
4 fixtures or less contained therein, $4.50, for the next 8
fixtures contained therein, $0.40 per fixture and for all fixtures
contained therein over 12, $0.25 per fixture.)
-3-
Ordinance No. 26-72.
166-P
(b) Commercial and nonresidential units.
A monthly sanJ.tary sewage service charge is hereby
imposed upon each commercial and ncnresidential unit to which
sanitary sewage service is available through the facilities
afforded by the municipally o%nned sewerage system, according to
the following schedule:
For the first 2 fixtures contained therein, $4.50.,
for the next 8 fixtures contained therein, $.75 per fixture and
for all fixtures contained therein over 10, $.40 per fixture.
(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 subparagraphs (a)
and (b) hereinabove, plus twenty-five per cent (25%) of each
respective classification.
(d) For the purpose of the foregoing schedule each
plumbing fixture or drain that is connected to a sewer, including,
but not limited to, a toilet, washbasin or lavatory, bath, floor
drain, laundry tub, kitchen sink, slop basin or wash sink, washing
machine, equipment or device if so constructed as to discharge its
water contents into any of the foregoing or directly into a sewer,
shall be regarded as a "fixture".
(e) The initial rates for charges shall be effective
the first day of the month following the date when the system is
constructed, certified for use by the consulting engineers, and
'accepted by the City."
Section 5. The rates and charges shall become applicable on
the 1st day of the month following the effective date of this
ordinance.
Section 6. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 7. If any section, subsection, sentence, clause,
phrase, or portion of this ordinance 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 effect the validity of the
remaining portions hereof.
PASSED AND ADOPTED in regular session on the second and final
reading on the28th day of August , 1972.
City Clerk.//
First Reading Au. qust 17, 1972
Second Reading. August 28, 1972.
- 4 -
Ordinance No. 26-72
166-Q
ORDINANCE NO. 27-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELP~Y BE~ACH, FLORIDA, ANNEXING TO THE
CITY OF DELP~AY BEACH CERTAIN L.~.NDS LYING IN
SECTIONS 32 Ai~D 33, TOWNSHIP 46 SOUTH, RANGE
43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXIST-
ING MUNICIPAl, LIMITS OF SAID CITY; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LANDS; PROVIDING FOR THE RIGHTS AL~D OBLIGATIONS
OF SAID LANDS; AND PROVIDING FOR THE ZONING
THEREOF.
WHEREAS, CIDC, LTD. IV, is the fee simple owner of the
lands hereinafter described; and,
WHEREAS, CIDC, LTD. IV has petitioned and given per-
mission for the annexation of said lands by the City of Delray
Be ach; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 185.1 of
the City Charter of said City granted to it by the State of
Florida; and,
WHEREAS, the annexation of these lands hereinafter
described, in the RM-1A Multiple Family Dwelling District, has
been recommended by the Planning and Zonin9 Board in action
taken at its meeting held on August 8, 1972;
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 lands located in Sections
32 and 33, Township 46 South, Range 43 East, Palm Beach County,
Florida, which lie contiguous to said City, to-wit:
That part of the Northeast Quarter of Section 32,
Township 46 South, Range 43 East, and 'the Northwest
Quarter of Section 33, Township 46 South, Range 43
East, bounded as follows: on the North by the South
line of Tropic Isle Harbor Shopping Center, as recorded
in Plat Book 25, Page 77, Palm Beach County Public
Records; on the South by the North right-of-way line of
Central and Southern Florida Flood Control District,
C-15 Canal, as laid out on drawing No. L-15-5; on the
East by the West line of Tropic Towers as recorded in
Plat Book 29, Page 9, Palm Beach County Public Records;
and on the West by the East right-of-way line of
State Road No. 5 (U. S. Highway No. 1), as laid out on
State of Florida Department of Transportation right-
of-way map, Sec. and Job No. 9301-204, Sheet No. 1.
-1-
166-R
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein the
hereinbefore described tract, of lands, and said lands are hereby
declared to be within the corporate limits of the City of Delray
Beach, Florida.
SECTION 3. That the lands hereinbefore described
are hereby declared to be in Zoning District ~-IA as defined by
existing ordinances of the City of Delray Beach, Florida.
SECTION 4. That the lands hereinbefore described
shall immediately become subject to all of the franchises, privi-
leges, 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 part of this Ordinance shall be declared illegal by a Court of
competent 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 28th day of August , 1972.
ATTEST:
city Clerk ~//
First Reading August 14, 1972
Second Reading August 28, 1972.
-2-
Ordinance No. 27-72.
166-S
()RDiNANCE NO. 28-72.
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING 'tO THE
CITY OF DELRAY BEACH CERTAIN IAND LYING iN
SECTION 28, TOWNSHIP 46 SO?.[~H, P~ANGE <3 EAST,
WHICH Ii%N~D IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; REDEFINING TPiE BOUNDARIES
OF SAID CITY TO INCLgDE SAID LAAID; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAiD IAND;
AND PROVIDING FOR THE ZONING
WHEREAS, WILLIAM H. LAUGHLIN and HELEN A. IAUGHLIN, his
wife, are the fee simple ow~ers of the property hereinafter de-
scribed; and,
WHEREAS, WILLIAM H. LAUGHLIN and leELEN A. LAUGHLIN, his
wife, by their Petition, have consented and given permission for
the annexation of said property by the City of Delray Beach; and,
WI{EREAS, the City of Delray Beach has heretofore been
authorized 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 Section 28,
Township 46 South, Range 43 East, Palm Beach County, Florida,
which lies contiguous to said City, to-wit:
A parcel of land lying in Tract 4-A of the Revised
Plat of Portions of Section.s 28 and 29, Township 46
South, Range 43 East, and recorded in Plat Book 18 on
Page 53, of the Public Records of Palm Beach County,
Florida; said parcel being more particularly described
as follows:
Commence at the Southwest corner of said Tract 4-A;
thence Easterly, along the South line of said Tract 4-A,
a distance of 142.03' feet to the Point of Beginning;
thence Northerly, at right angles to the said South
line of Tract 4-A, a distance of 80.00' feet; thence
Easterly, parallel with the said South line of Tract
4-A, a distance of 149.56' feet to an intersection
with the East line of said Tract 4-A, said East iine
also being the West right-of-way line of State Road
No. 5 (U.S. No. 1); thence Southerly along the said
East line of Tract 4-A and the West right-of-way line
of State Road No. 5, being a curve concave to the East
and having a radius of 1179.28' feet, a distance of
80.02' feet to the Southeast corner of said Tract 4-A;
thence Westerly along the said South line of Tract
4-A, a distance of 150.00' feet to the Point of
Beginning.
166-T
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein the
hereinbefore 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 hereinbefore
described is hereby declared to be in Zoning District C-2, as
defined by existing ordinances of the City of Delray Beach,
Florida.
SECTION 4. That the land hereinbefore described
shall immediately 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, Florida.
SECTION 5. That if any word, phrase, clause,
sentence or part of this Ordinance shall be declared illegal by
a Court of competent 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 28th day of August , 1972.
ATTEST:
First Reading Auqust 14, 1972
Second Reading August 28, 1972.
-2-
Ordinance No. 28-72.
~,
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