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09-13-71 SEPTEMBER 13, 1971. A regular meeting of the City Council' of the City of Delray Beach was held in the Council Chambers at 7:30 P.M., with Mayor. J. L. Saunders in the Ckair, City Manager J. Eldon Mariott, Acting City Attorney John Ross Adams and Council Members Grace S. Martin, James H. Scheif!ey, Leon 'M. Weekes and O. F. Youngblood being present and City Attorney G. Robert Fellows being absent. 1. The Opening Prayer was delivered by Dr. Andrew.Hail. 2. The Pledge of Allegiance to the Flag of the United States of America' was given. 3. The minutes of the regular meeting of August 23, 1971, were unani- ' mously approved on motion by Mrs. Martin and seconded by Mr. Youngblo°d. 4. Mr. Scheifley said that since he has been in Delray Beach, probably the subject he has heard discussed most in the last ten years is beach erosion, .and that as he and most of the members of Council know, the Palm Beach County Municipal League made a presentation to the County Commission in July, 1970, requesting that a Palm Beach County Beach Erosion Control Board be established. That presentation was favorably received, and early this year the Palm Beach County Commissioners desig- nated themselves as the Palm Beach County Beach Erosion Board. Now, they have decided to implement this and put it in effect. One of the questions in the November 2, 1971, election, along with whether or not the citizens of Palm Beach County prefer an elected or an appointed school superintendent, is an item very important to Delray Beach asking the citizens of Palm Beach County whetl~H or not they favor ~e establish- ment of a County-wide Palm Beach County Beach ErosiOn D~stric~,. ~his is the implementation of the program that the Palm Beach County Municipal League sponsored. The Chairman of the Beach Erosion Com~ittee, Mr. J. Eldon Mariott, our City Manager, has done an excellent job in promot, ing this with the County Commission, and Mr. Scheifley said he feels that for all those interested in Beach Erosion, November 2nd will be the day of reckoning. Mr. Scheifley also stated that if this proposal is not passed' it may be a long time before anything substantial is done' in the field of beach erosion. He asked all those interested in Beach Erosion to talk to others about this particular propOsal and to work for its passage. 4. Regarding the traffic situation on South Federal Highway, Mr. Weekes asked if it would be possible to urge the State Road Department, in the strongest terms, to re-engineer South Federal Highway to the C-15 Canal for a service road with limited access for the usage of automobile deal- erships and for same to be installed during the time of engineering and construction designed to flatten the curve in front of the Second National Bank. Mayor Saunders asked if the City Manager would consider this in his recon~endaton to Council as to what he thinks should be done to bring more pressure to bear on the State Road Department. 4. Mr. Youngblood commended the Beautification Committee for upgrading the City's Ordinance and said he feels this will not only make commercial development more beautiful, but will provide better parking and make the City look better. 4. Mayor Saunders read a PROCLA~4ATION proclaiming the week of September 17 through 23, 1971, as CONSTITUTION WEEK, and presented said PROCLA~ATION to Mrs. Rebecca Merkel, Constitution Week Chairman of the Jonathan Dickinson Chapter of the Daughters of the American Revolution. -1- 9-13-71 5. Following explanation of the 1970 Congressional Highway Act, which authorizes the revamping of the Federal Aid System of Highways, Mr. Huston Miller, Planning Engineer, State of Florida Department of Trans- portation, requested Council to authorize the Mayor to sign a map which establishes the new Federal Funding System. After general discussion, the Acting City Attorney, John Ross Adams, suggested the motion that the Mayor be authorized to sign approval for the map presented showing designated Federal Highways for funding pur- poses. It was so moved, by Mr. Weekes, second by Mr. Youngblood and unanimously carried. 5. Rev. Semmie Taylor emphasized the need for low-cost housing ~ in the Western Sector. Col. Theodore Poole, Jr., Planning and Zoning Board Chairman, ex- plained the difference between the low-rent~supplement project and pub- lic housing ~ , 5. Norris Spells asked what has been done to implement the Southwest Drainage Project. The City Manager reported that the Southwest Drainage Project will go out for bids in approximately 45 to 60 days, depending on when other approvals that the City is seeking are obtained. He said the Southwest Drainage Improvement Project is practically an accomplished fact and this Council has done all it can do up to this point to bring that about. Now, it is a matter of putting it together. The plans and specifications plus securing the various permits from the various agencies must be com- pleted prior to letting bids, and those things are now being done. Al- so, the City has obtained the federal grant to supplement Bond Issue money that will result in a 1.7 million dollar improvement project. Mayor Saunders said that one of the reasons for the delay, is that because of the federal grant, everything has to be cleared through Housing and Urban Development in Atlanta. Mr. Spells also asked what the City has done toward making it pos- sible for residents in the Jefferson Manor Subdivision to have access to N. W. 4th Street (Lake Ida Road). The City Manager reported that an attempt is being made by the City to obtain one or more openings on Lake Ida Road in that area and since Mr. Spells had indicated that he would like all the dead end streets opened up on Lake Ida Road, that is the approaCh that is being taken with the County. The City Manager said that he does not have a report of the coUnty's decision but in case it is indicated by the County that their d'ecision is unfavorable, he would be glad to have Mr. Spells and someone else to go along and sit in on the conferences with the County. Mr. Spells also commented on the Building Condemnation Program. 6.a. The City Manager reported that due to the expiration of the five- year terms of Lonnie Cook, Jr., and C. Spencer Pompey on September 28, 1971, it would be necessary to fill said vacancies on the Planning and Zoning Board; further, on August 5, 1971, said Board unanimously recom- mended the reappointment of ~Messrs. Cook and Pompey for five-year te~nns, said terms expiring on September 28, 1976. Messrs. Cook and Pompey were unanimously reappointed for five-year terms, as recommended, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 6.b. Regarding a vacancy on the Civil Service Board caused by the recent death of Charles C. Turner, Mr. J. Arnold Carter was unanimously appoint- ed to fill said vacancy for a four-year term, expiring on April 1, 1975, on motion by Mr. Weekes and seconded by Mr. Scheifley. 6.c. Regarding the installation of a sprinkler system and landscaping on S. E. 2nd Avenue adjacent to the Little League Ball Field at an estimated cost of $1,700, the City Manager recommended approval of same. -2- 9-13-71 He said this was proposed by Mrs. Grace Martin and discussed at a work- shop meeting and that funds to cover~the cost of same could be taken from the Beautification Funds. Mrs. Martin moved to approve the installation of a sprinkler sys- tem and landscaping on S. E. 2nd Avenue at the Little League Field at an estimated cost of $1,700., with funds to cover cost of same being taken from the Beautification Fund. The motion was seconded by Mr. Weekes and unanimously carried. 6.d. City Manager Mariott reported that on August 9, ]_971, Mrs. Rosetta Rolle presented a petition requesting the use of a portion of the Catherine Strong Center for the "Head Stark" program. The request in connection with the Head Start Program has been scaled down considerably from that originally presented to the City. The present request is for. 20 children rather than 40-45 and that only two rooms, the library and · conference room at the Catherine Strong Center are now being requested, whereas the original request was for the use of most of the building. It is now planned to run the Head Start program at this location only during the school year, whereas the original request contemplated operating the program throughout the year. The City Manager said that since these changes have been made in the request, it is recommended that approval be granted contingent upon: (1) the planned changes in the program stated above; (2) Head Start personnel shall be entirely responsible for the building during the period or periods when City personnel are not on duty and the building would otherwise be closed; (3) Head Start shall be responsible for cleaning up the portions of the building used by that program and for storing equipment used in connection with the program immediately upon conclusion of the program each day; (4) the children in the program will be immediately removed from the building each day upon conclusion of the program to make room for other uses of the building; and (5) this program shall not cost the City any out-of-pocket expenses. He said these contingencies were dis- cussed with Mrs. Rosetta Rolle and she agreed with same. After general discussion, Mr. Youngblood moved that the request from the Head Start Progr~ be granted with the understanding that each of the stipulated requirements as outlined by the City Manager be com- plied with. The motion was seconded by Mrs. Martin and unanimously car- ried. 6.e. City Manager Mariott reported that a request has been received from the residents and property owners of N. E. 14th Street for an obstruction circle and/or baffles, such as the one presently at N. E. 8th Street, to be constructed at N. E. 14th Street and 3rd Avenue. He recommended that same be approved and said the cost would be ap- proximately $5,000. Mr. Weekes moved to authorize the construction of the traffic cir- cle at the intersection of N. E 14th Street and 3rd Avenue at the ap- proximate cost of $5,000, subject to the approval of the Traffic and Parking Committee. The motion was seconded by Mr. Youngblood and unani- mously carried. ~ . 6.f. Concerning a survey of lands in violation of the City's nuisance laws presented by the City Manager, Mr. Scheifley moved that the City Clerk be instructed to proceed with the enforcement of Chapter 15 of the City's Code of Ordinances, the motion being seconded by Mrs. Martin and unanimously carried. (Copy of the Nuisance Survey is attached to the official copy of these minutes.) 7.a. Council acknowledged receipt of the Beautification Co~unittee meet- ing minutes dated August ll, 1971. 7.b. City Manager Mariott reported that Mr. and Mrs. Sek Wan Chin filed a petition for annexation of Lot 38, LAKE SHORE ESTATES, per Plat Book 25, -3- 9-]3-71 Page 26, Public Records of Palm Beach County, Florida, into the City of Delray Beach on August 10, 1971, in order to obtain water and sewer ser- vice, garbage collection, and police and fire protection for a home, which they plan to build on said lot. He said if Council should desire to annex said property, Ordinance No. 28-71 has been p~epared providing for s ~3ne. ORDINANCE NO. 28-71. AN ORDINANCE OF R~E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 38, LAKE SHORE ESTATES[ WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; AND PROVIDING FOR THE ZON- ING THEREOF. Ordinance No. 28-71 was unanimously placed on first reading on mo- tion by Mr. Scheifley and seconded by Mrs. Martin. 8.a. The City Manager presented ORDINANCE NO. 26-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING MINIMUM STANDARDS REQUIRING LANDSCAPING OF CERTAIN AREAS, INCLUDING SETBACK, YARD AND OFF-STREET PARKING AND OTHER VEHICULAR USE AREAS IN CONNECTION WITH NEW- CONSTRUCTION OR CHANGE OF USE, (EXCEPTING IN CONNECTION WITH SINGLE FAMILY DWELLINGS), TO BE APPLICABLE IN DELRAY BEACH, FLORIDA; REQUIRING SUCH LANDSCAPING TO BE SHOWN ON PLANS FOR BUILDING AND USE PERMITS; PROVIDING FOR REPEAL OF CONTRADICTING LAWS, FOR INCLUSION IN THE CODE OF DELRAY BEACH, FLORIDA, AA~D AN EFFECTIVE DATE. (Copy of Ordinance No. 26-71 is attached to the official copy of these minutes.) A Public Hearing, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the city of Delray Beach, was held, and there being no objection to Ordinance No. 26-71, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Weekes and seconded by Mr. Scheifley. The City Manager said that an ordinance would be prepared and pre- sented to Council for consideration at as early a date as possible, set- ting forth paving specifications and permit provisions to be used in con- nection with the landscaping ordinance. The Acting City Attorney pointed out that when amendments are con- sidered, someone should clarify whether or not artificial turf could be used in some cases. 8.b. City Manager Mariott presented ORDINANCE NO. 25-71. AN ORDINANCE PROVIDING FOR THE VACATION, REMOVAL, RE- PAIR OR DEMOLITION OF ANY BUILDING OR STRUCTURE WHICH IS, A PUBLIC NUISANCE, DANGEROUS TO THE HEALTH, MORALS, SAFETY OR GENERAL WELFARE OF THE PEOPLE OF THE CITY OF DELRAY BEACH, FLORIDA, OR WHICH MIGHT TEND TO CONSTITUTE A FIRE MENACE OR WHICtt IS CONSIDERED ABANDONED; AND FOR THE ASSESSMENT OF THE COST OF VACATION, REMOVAL, REPAIR OR DEMOLITION THEREOF AS A MUNICIPAL LIEN OR ASSESS~[ENT AGAINST SUCH PROPERTY. (Copy of Ordinance No. 25-71 is attached to the official copy of these minutes.) -4- 9-13-71 A Public Hearing, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, was held, and there being no objection to Ordinance No. 25-71, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mrs. Martin. 8.c. The City Manager presented ORDINANCE NO. 27-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 1 LESS THE SOUTH 8 FEET, ALL OF LOT 2, AND THE WEST 8 FEET OF THE ABANDONED ALLEY LYING BETWEEN LOTS 1 AND 2 AND LOTS 10 AND 11, BLOCK 5, SOPHIA FREY SUBDIVI- SION, 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. (Copy of Ordinance No. 27-71 is attached to the official copy of these minutes.) A Public Hearing, ~having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, was held, and there being no objection to Ordinance No. 27-71, said Ordinance was unanimously passed and adopted on motion by Mrs. Martin and seconded by Mr. Youngblood. 8.d. City Manager Mariott presented RESOLUTION NO. 32-71. A RESOLUTION MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1971, TO THE 30TH DAY OF SEPTEMBER, 1972; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAY- MENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION, AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSIST- ENCY; AND TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (A copy of Resolution No. 32-71 is attached to the official copy of these minutes.) A Public Hearing, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, was held, and there being no objection to the proposed BUDGET for 1971-72, Resolution No. 32-71 providing for the adoption of said BUDGET was unanimously passed and adopted on first and final reading, on mo- tion by Mr. Youngblood and seconded by Mr. Weekes. 8.e. The City Manager presented ORDINANCE NO. 29-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING CERTAIN PUBLIC RIGHT-OF-WAY KNOWN AS SOUTH DIXIE HIG~IWAY BEING IN PART OF SECTIONS 20, 21, 29 AND 32, TOWNSHIP 46 SOUTH, RANGE 43 East, WHICH IS LOCATED IN THE DELRAY BEACH RESERVE AREA. Ordinance No. 29-71 was unanimously placed' on first reading, on mo- tion by Mr. Scheifley and seconded by Mr. Youngblood. -5- 9-13-71 8.f. City Manager Mariott presented RESOLUTION NO. 33-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, ADVISING THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, THAT A TAXING IMBALANCE IS DEEMED TO EXIST WITH RESPECT TO COUNTY TAXES IN THE CITY OF DELRAY BEACH AND RE- QUESTING THE BOARD OF COUNTY CO~24ISSIONERS TO PROMPTLY PROVIDE SEPARATE AND LOWER MILLAGE RATE FOR THE GENERAL COUNTY LEVY IN THE CITY OF DELRAY BEACH. (Copy of Resolution No. 33-71 is 'attached to the official copy of these minutes.) Following comments by the Mayor and Mr. Weekes, Resolution No. · 33-71 was unanimously passed and adopted on first and final reading, on motion by Mr. Weekes and seconded by Mr. Scheifley. 8.g. The City Manager presented RESOLUTION NO. 31-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE OPENING, GRADING AND PAVING OF A STRIP TWELVE FEET IN WIDTH, BEING THE SOUTHERLY HALF OF S. W. 6TH STREET, FROM THE EASTERLY EDGE OF THE EXISTING PAVING OF S. W. 8TH AVENUE TO THE WESTERLY EDGE OF THE EXISTING PAVING OF S. W. 5TH AVENUE. (Copy of Resolution No. 31-71 is attached to the official copy of these minutes.) A Public Hearing, having been legally advertised in compliance with the Charter of the City of Delray Beach concerning street improvement as set forth in Resolution No. 29-71, was held, and there being no objec- tion to said proposed improvement, Resolution No. 31-71 was unanimously passed and adopted on first and final reading, on motion by Mr. Youngblood and seconded by Mr. Scheifley. Mr. J. P. McRoy, 602 S. W. 6th Avenue, owner of Lot 24, Block 5, ROSEMONT PARK, asked the approximate cost of his share of said paving. City Engineer Mark C. Fleming said that the cost would be approxi- mately $4.00 a running foot, and Mr. McRoy was informed that he has 95 feet and his share would be approximately $400. The City Manager then reported that the following bids for said improvement were received and opened on Thursday, September 9, 1971. He recon~nended that the contract be awarded to Irving Stuart, Inc., in the amount of $4,900., funds covering the cost of same to be taken from the Special Assessment F-und. Irving Stuart, Inc. Box 1959 Delray Beach, Florida $4,900.00 30 days Hardrives of Delray, Inc. Box 536 Delray Beach, Florida $5,494.00 45 days Johnston Road Builders 6400 N. 'Powerline Road Fort Lauderdale, Florida $7,541.90 40 days Rowe Construction Company 812 N. W. 1st Street Fort Lauderdale, Florida $8,727.00 45 days -6- 9-13-71 Mr. Scheifley moved to award the contract to Irving Stuart, 'Inc., in the amount of $4,900., with a time limit of 30 days, the funds to cover cost of same being taken from the Special Assessment Fund. The motion was seconded by Mr. Youngblood and unanimously carried. 8.h. City Manager Mariott presented ORDINANCE NO. 31-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING CERTAIN PUBLIC RIGHT-OF-WAY KNOWN AS GERMANTOWN ROAD BEING IN SECTIONS 29 AND 30, TO~NSHIP 46 SOUTH, RANGE 43 EAST, WHICH IS LOCATED IN THE DELRAY BEACH RESERVE AREA. Ordinance No. 31-71 was unanimously placed on first reading, on motion by Mrs. Martin and seconded by Mr. Youngblood. 8.i. The City Manager presented ORDINANCE NO. 32-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING CERTAIN PUBLIC RIGHT-OF-WAY KNOWN AS FLORIDA BOULEVARD BEING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST,_ WHICH IS LOCATED IN THE DELRAY BEACH RESERVE AREA. Ordinance No. 32-71 was unanimously placed on first reading, on motion by Mrs. Martin and seconded by Mr. Youngblood. 9.a. Concerning a request to sell some City-owned property, the City Manager reported as follows: "On July 26, 1971 the City Manager reported to Council that the City had been requested to sell a tract of City-owned land, approximately 1 acre, located in Section 21-46-43 on the South side of S. E. 10th Street, approximately 150 feet West of S. E. 5,th Avenue. Mr. Arthur Sprott of Gracey Brothers Realty represented the prospective purchaser. Said re- quest was referred to the Planning and Zoning Board for study and recom- mendation. The Planning and Zoning Board met on August 3, 1971, with Mr. Arthur Sprott appearing on behalf of the petitioner. After discussion, a mo- tion passed unanimously recon~mending to City Council that the City-owned land should not be sold due to the fact that the future land use plan for that particular area is shown as a medium density residential plot. Said request was presented to Council at the August 9, 1971 meeting and unanimously tabled, as requested, until the next regular meeting. At the August 23rd meeting, the request was again tabled. It was discussed at the August 30th Council workshop meeting, at which time it was decided to put it on the September 13th agenda for disposition." Mr. Arthur Sprott of Gracey Brothers Realty, representing the petitioner, presented a copy of an article from the Delray Beach News Journal dated September 2, 1971 concerning said property and also pre- sented the following petition dated September 4, 1971, with approximately 187 signatures, counting husband and wife as one. "We, the undersigned residents of Tropic Isle Subdivision in the South Area of Delray Beach, are aware of the efforts being made to have the City Council offer for sale a one acre tract owned by the City and located on S. E. 10th Street West of S. E. 5th Avenue with the one acre tract to be included into a larger tract for the purpose of establishing a regional shopping center. We wish to express to the City Council our viewpoints as follows: Name; address; in favor, yes or no; have you been approached by Coun- cilman Scheifley, yes or no; and if so, what did you tell him, in favor or~ not in favor." -7- 9-13-71 Mr. Howard C. Seid, 925 Banyan Drive, Vice-President of Tropic Isle Civic Association, read the following excerpt from the minutes of the Tropic Isle Civic Association's special meeting held on September 9, 1971 at the Chamber of Commerce building: "Special guests Councilman James H. Scheifley and Andrew Gent, Secretary of the Planning and Zoning Board. This special meeting was called to discuss the proposed ten acre shopping center at the intersection of U. S. 1 South and S. E. 10th Street. Mr.. James Scheifley reviewed the history of this project and then asked Mr. Gent to explain wh_y ~the Planning and Zoning Board had unanimously voted to recommend- that the City not sell an acre of City-owned property to the developers that would be necessary for this project. Mr. Gent showed a map ~representing in general the new master plan costing $38,000., which will soon be presented to the City for approval and also a map showing a 40~acre site at U. S. 1 and S. W. 12th Street, which is zoned for business and on which a shopping center will probably be built in the near future. The ten-acre location at S. E. 10th Street is zoned residential and will be residential on the proposed master plan. A motion was made by Mr. Paul Fenyvessy that the Directors indicated their approval of the action of the Planning and Zoning Board in recommending that the City deny the request that it sell the City-owned acre of ground at U. S. 1 South and S. E. 10th Street. The motion was seconded by Edmund Rosenau and passed unanimously." During discussion Mayor Saunders read a letter dated September 13, 1971, from Mr. Ellis Chingos informing Council that he is planning to develop a shopping center on 40 acres of land lying between Federal and Dixie Highways and North of S . W. 12th Street before the end of the year. After lengthy discussion, Mr. Youngblood moved to sustain the recom- mendation of the Planning and Zoning Board. The motion died for lack of a second. Later in the meeting Mr. Scheifley moved to reconsider said item. The motion was seconded by Mr. Weekes and upon roll call, Mrs. Martin, Mr. Scheifley, Mr. Weekes and Mayor Saunders voted in favor of the motion, with Mr. Youngblood opposed. With Mr. Arthur Sprott still present, Mr. Scheifley moved to sustain the recommendation of the Planning and Zoning Board and deny the sale of the land, the motion being seconded by Mr. Weekes and unanimously carried. 9.b. The City Manager reported that on September 7, 1971, the Planning and Zoning Board held a public hearing on the site plan for a recreation center to be located in Parcel "A", CHATELAINE SUBDIVISION, which plan includes a recreation building, 26-space parking lot, four tennis courts and a swimming pool. Further, that the Planning and Zoning Board unani- mously recommend to Council that the plan be approved on the basis of said building containing 2,079 square feet; the provision of 26 parking spaces, and also subject to approval of landscaping and lighting by the Beautification Committee and the Planning Director. Having received the approval of the Planning and Zoning Board, the Planning Director and the Beautification Committee, said site plan was unanimously approved, as recommended, on motion by Mrs. Martin and sec- onded by Mr. Scheifley. 9.c. City Manager Mariott reported that on May 24, 1971, Council was in- formed that a request had been received from Mrs. Helen M. Webb, President of Lyn Ray C~rporation, for rezoning from R-lA (Single Family Dwelling District) to C-2 (General Commercial District) of Lot 10, Block 28, 34 N. W. 4th Avenue, said request was referred to the Planning and Zoning Board for study and a public hearing. -8- 9-13-71 On June 15, 1971, a public hearing relative to the above was held and a motion was passed unanimously to table the subject until July 6, 1971 as the Board would have studied the future land use in this area prior to that time. At the Planning and Zoning meeting of July 6, 1971, a motion passed unanimously directing the Planning Director to consult with Mr. John Ross Adams, Attorney for the Lyn Ray Corporation, in 'an endeavor ~o se- cure permission of the owner of Lot 9 to rezone both Lots 9 and 10 to C-2. On September 7, 1971, a public hearing for rezoning of Lo-ts'9 and 10, Block 28, Town of Delray Beach, from R-lA to C-2, was held and a motion was passed unanimously that the Board recommend to City Council the approval of the request for rezoning. Ordinance No. 33-71 providing for said rezoning was presented to Council for consideration. ~ ORDINANCE NO. 33-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLAC- ING LOTS 9 AND 10, BLOCK 28, IN "C-2 GENERAL COMMERCIAL DISTRICT" , AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1969". Ordinance No. 33-71 was unanimously placed on first reading, on motion by Mr. Youngblood and seconded by Mrs. Martin. 9.d. The City Manager reported that a parcel of land containing approxi- mately 18 acres lying in the East Half of Section 30-46-43 bound by Germantown Road, Lake Worth Drainage District E-4 Canal and a lateral canal approximately 1,550 feet Southeast of Germantown Road was annexed to the City recently and is part of the 143 acres annexed by Ordinance No. 22-71. Further, the Planning and Zoning Board, on September 7, 1971, held a public hearing on the site plan for development of said 18 acres of land which plan includes 16 buildings, two stories in height, con- taining 256 apartment units with a density of 14.2 units per acre and 523 parking spaces, and recommend to Council that said site plan be ap- proved subject to approval of landscaping by the Beautification Committee. Petitioner Frank Danielson, Trustee, was represented at the Planning Board hearing by Roy A. Glisson and Odas Tanner. The recommendation of the Planning and Zoning Board to approve said site plan was unanimously sustained, on motion by Mr. Scheifley and sec- onded by Mrs. Martin. 10.a. The City Manager reported that some time ago the question had been asked whether or not the City was responsible for maintaining the grounds at the Police Benevolent Association building and after discussing same at a workshop meeting, he was authorized by Council to determine the ap- proximate cost of such maintenance. He said the figures were obtained on two basis, one being normal maintenance at an estimated cost of $128., per year and the other, intensive maintenance, which would be similar to a well-manicured residential lawn at an estimated cost of $4,444. per year. He further reported that after having several conversations with the Police Chief and the Police Benevolent Association's President, and same being discussed with the PBA members, the Association is now requesting that the City participate in the amount of $2,500, in the cost of install- ing a sprinkler system, total cost of said installation being $4,860., and that the City would not need to give any consideration to the mainte- nance of the grounds in the future. The City Manager recommended that participation be authorized to the extent of $2,500., with funds to come from the 1970-71 General Fund Contingency Account. Mrs. Martin moved that the City participate in the amount of $2,500., toward the cost· of the installation of a sprinkler system at the Police Benevolent Association Clubhouse, said funds to be provided from the 1970- 71 General Fund Contingency Account. The motion was seconded by Mr. Youngblood and unanimously carried. -9- 9-13-71 10.a. City Manager Mariott reported that he had received a letter dated September 9, 1971, from Stanley G. Tate, President of High Point of Delray, with Robert M. Kinkead, Authorized Agent, requesting annexa- tion, subject to certain zoning, of a parcel of land containing approxi- mately 144 acres lying in Section 13-46-42 and Section 18-46-43, located North of High Point Subdivision and extending West to Barwick Road. He recommended that same be referred to the Planning and Zoning Board for study and recommendation. Said request for annexation was unanimously referred to the Planning and Zoning Board, as recommended, on motion by Mr. Youngblood and seconded by Mrs. Martin. 10.a. Regarding a request from DeMarco & Sons, Inc., to replat Lots 11, 12 and 13, Plat 1, LAKE EDEN SUBDIVISION from three lots to four lots with 112.5 foot street frontage, the City Manager reported that the Plan-- ning and Zoning Board recommends approval of the Preliminary Plat by a ' vote of 5 to 1 at a special meeting held on September 10, 1971. After general discussion, the Preliminary Plat was unanimously denied, on motion by Mr. Weekes and seconded by Mr. Scheifley. 10.a. Council was informed that a request has been received from Bati- Fleming Development Corporation for rezoning from R-lA (Single Family Dwelling District) to C-2 (General Commercial District) of a parcel of land containing approximately 10 acres lying in Section 12-46-42, located on the Northeast corner of Barwick and Lake Ida Roads, to be used as a regional type shopping center. The City Manager recommended that this request be referred to the Planning and Zoning Board for study and recom- mendation. Said request for rezoning was unanimously referred to the Planning and Zoning Board, as recommended, on motion by Mrs. Martin and seconded by Mr. Scheifley. 10.a. The City Manager presented the following bids for two International Garbage trucks provided for in the 1971-72 Budget, and recommended that Council authorize the purchase of the two trucks from the low bidder, Rich Motors, Inc., in the amount of $12,258.40, per truck. Rich Motors, Inc. West Palm Beach, Florida $12,258.40 Broward Truck & Equipment Company Fort Lauderdale, Florida $12,881.66 The low bid in the amount of $12,258.40, per truck, for two Inter- national trucks from Rich Motors, Inc., was unanimously accepted, on · motion by Mr. Youngblood and seconded by Mr. Weekes. 10.a. Mr. Bill Barnes, External Vice-President and Dr. Carl C. Carter, Internal Vice-President of the Delray Beach Jaycees, said that during the year the U. S. Jaycees decided to move into the area of political involvement. Traditionally, the Delray Beach Jaycees have avoided political involvement, however, they feel that during the coming years they have a community responsibility to address themselves to political concerns without endorsement of any candidate. In conjunction with the philosophy of political involvement, they conducted a "Community Attitude Survey" as their first step of political involvement in this City. They presented each Council Member a copy of said survey with the hopes that this Council use same to better serve the majority of the citizens of Delray Beach. They said that they would appreciate comments from Council Members after the survey had been read. They also announced that copies of the survey will be available im- mediately after the meeting for anyone desiring them. -10- 9-13-71 10.a. Mr. Weekes reported that some time ago the County Commission passed a Resolution to purchase, with Beach Acquisition Funds, 100 feet of beach property South of Delray's existing 400 feet of public beach. As a citizen and not as an official, he wrote to the County Commission asking if it would be more feasible to purchase 100 feet adjacent to the City's 400 feet and at this time that is being considered by the County. He presented a sketch showing properties that are available in this area for the County to purchase. He stated that a parcel of land, con- taining approximately 6 acresl located in DEL-HARBOUR SUBDIVISION, DELRAY BEACH SHORES SUBDIVISION and SECTION 21-46-43, lying between the Intra- coastal Waterway and A1A could be developed as a park and marina. He further reported that in order for the Area Planning Board to proceed in preparing its presentation on said purchase, which will be presented to the County Commission on September 28th, said Board has re- quested some type of action from Council indicating its approval for the County to proceed with the purchase of this property and what the intend~ ed use is if same were purchased. The City Manager said that being aware that the Planners and Planning Consultants have been looking at this site for park purposes, he thinks the City can't possibly go wrong by passing a motion favoring what was outlined by Mr. Weekes. He said that Mr. Weekes also recommended that the City attempt to get the County to buy 100 feet of beach frontage adjacent to the City's 400 feet of public beach instead of it being isolated in another location, and looking at both of these recommenda- tions, he said that he could not see any answer but to go along with s sine. .After general discussion, Mr. Weekes moved to urge the County, through the Beach Acquisition Funds, to purchase the 100 feet of additional property adjacent to the City's 400 feet of Beach property as well as the property on the West side of A1A through to the Intracoastal Water- way, in accordance with the sketch presented. The motion was seconded by Mr'. Youngblood and unanimously carried. 10.a. Mr. Scheifley asked about obtaining a different type of projector for use at Council meetings and the City Manager reported that he is investigating same. 10.a. Mayor Saunders announced that a dedication ceremony for Fire Station No. 3, located at 651 S. W. 12th Street, will be held on Friday, October 15, 1971, at 10:00 A.M., at that location, and the public is invited. 10.a. The City Clerk read a letter dated September 2, 1971, f~om Mr. Andrew Gent, President of the Atlantic High School Band Boosters Associa- tion, to Mayor Saunders thanking the City Council for the City's contribu- tion to the Atlantic High School Band Boosters this year. 10.b. Payment of the following Bills for Approval were unanimously approved, on motion by Mr. Scheifley and seconded by Mr. Weekes. Mrs. Martin commented on Invoice No. 9984, Marion's Garage, in the amount of $816.84. General Fund $183,222.77 Water Operating & Maintenance Fund 19,231.62 Water Revenue Fund 94,953.28 Utilities Tax Revenue Fund 25,440.00 Sewer Revenue Fund 75,000.00 Cigarette Tax Fund 30,047.72 Captial Improvements Construction Fund 137,607.83 The meeting adjourned at 10:30 P.M. iLALLIE E. YATES City Clerk APPROVED: MAYOR -11- 9-13 -71 . , 146-A RESOLUTION NO. 31-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE OPENING, GRADING AND PAVING OF A STRIP TWELVE FEET IN WIDTH, BEING THE SOUTHERLY HALF OF S. W. 6TH STREET, FROM THE EASTERLY EDGE OF THE EXIST- ING PAVING OF S. W. 8TH AVENUE TO THE WESTERLY EDGE OF THE EXISTING PAVING OF S. W. 5TH AVENUE. WHEREAS, the City Council of the city of Delray Beach, Florida, did on the 23rd day of August, 1971, by Resolution No. 29-71, determine to proceed with the opening, grading and pav- ing of a strip twelve feet in width, being the southerly half of S. W. 6th Street, from the easterly edge of the existing pav- ing of S. W. 8th Avenue .to the westerly edge of the existing paving of S. W. 5th Avenue, and WHEREAS, the Resolution providing therefor has been duly published as required by the City Charter, together with a notice that objections to said improvement would be heard, and WtIEREAS, no sufficient objections have been made to such proposed improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, that the City Manager be and he is hereby instructed to proceed wit~ the opening, grading and paving of a strip twelve feet in width, being the southerly half of S. W. 6th Street, from the easterly edge of the existing pav- ing of S. W. 8th Avenue to the westerly edge of the existing pav- ing of S. W. 5th Avenue according to the plans and specifications heretofore filed with the City Clerk, and a copy thereof filed in the office of the City Manager and kept open for the inspection of the public. PASSED AND ADOPTED in regular session on this the 13th day of September, 1971. MAYOR ATTEST: , ., ' '~"~ '~' City C~rk 146-B RESOLUTION NO. 33-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, ADVISING THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, THAT A TAXING IMBALANCE IS DEEMED TO EXIST WITH RESPECT TO COUNTY TAXES IN THE CITY OF DELRAY BEACH AND REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO PROMPTLY PROVIDE SEPARATE AND LOWER MILLAGE RATE FOR THE GENERAL COUNTY LEVY IN THE CITY OF DELRAY BEACH. WI~EREAS,'Tt~ BOARD OF COUNTY CO~ISSIONERS, PALM BEACH COUNTY, provides many municipal services including, but not limited to Public Safety, Public Works and Utilities %o the residents of the unincorporated areas of Palm Beach County; and WHEREAS, THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH C6UNTY, does not provide these same services to the residents of the city of Delray Beach; and WHEREAS, THE BOARD OF COUNTY COMMISSIONERS levies a gener- al County tax of 6.959 mills uniformly in the City of Delray Beach and the unincorporated areas of Palm Beach County; and WHEREAS, THE CONSTITUTION OF THE STATE OF FLORIDA provides that properties situate within municipalities shall not be sub- ject to taxation for services rendered by the Board of County Commissioners of Palm Beach County exclusively for the benefit of the property or residents in unincorporated areas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The city Council does hereby call upon the Board of County Coimmissioners, Palm Beach County, to promptly and equitably provide for a differential and lower millage levy' for properties situate within the corporate limits of the city of Delray Beach, Palm Beach County, Florida. Section 2. The city Council of the city of Deiray Beach does hereby call upon the Board of County Commissioners, Palm -- Beach County, to establish the differential and lower millage levy set forth in Section 1. above based on the County services actually received by the citizen and properties in the City of Delray Beach. PASSED and ADOPTED in regular session on this the 13th day of September, 1971. ATTEST: city Clerk .,/ 146-C RESOLUTION NO. 32-71. A RESOLUTION MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1971, TO THE 30TH DAY OF SEPTEMBER, 1972; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAY- MENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION, AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSIST- ENCY; AND TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. BE IT RESOLVED by the Council of the CitY of Delray Beach, Florida: That the following sums of money be, and hereby are appropriated upon the terms, conditions and provisions hereinbefore and hereinafter set forth: ARTICLE I. GENERAL FUND Other Capital Estimated Expenditures: Salaries Expenses Outlay Total Div. of General Government $ 235,755. $ 89,650. $ 3,690. $ 329,095. Div. of Public Safety 894,255. 130,485. 42,730. 1,067,470. Div. of Public Works 464,635[ 351,590. 160,075. 976,300. Employees Qhristmas Bonus 17,750. 17,750. Libraries 82,715. 82,715. Div. of Parks & Recreation 380,920. 134,065. 127,680. 642,665. Non-Departmental Division 556,800. 556,800. Debt Service 272¢615. 272,615. TOTAL ESTIMATED EXPENDITURES $1,975,565. $1,635,670. $ 334,175. $3,945,410. GENERAL FUND Estimated Revenue: General Property Taxes $1,974,990. Franchise Taxes 157,200. Licenses, Permits and Fees 177,000. Fines and Forfeitures 62,995. Revenue from Use of Money and Property 30,700. Revenue from Other Agencies 83,530. Charges for Current Services 456,790. Sales and/or Recovery for Loss to City-Owned Property 19,925. Contributions and Transfers From Other Funds 931,070. Unappropriated Surplus 51,210. TOTAL ESTIMATED REVENUE $3,945,410. ARTICLE II. WATER'AND SEWER FUND DEPARTMENT OF PUBLIC UTILITIES Other Capital Estimated Expenditures: Salaries ~x__penses Outlay Total Administration $ 37,260. $ 16,845. $ 15,360. $ 69,465. Water Source 16,150. 50,300. 66,450. Water Treatment 49,580. 11,500. 2,200. 63,280. Water Distribution 130,555. 64,605. 162,200. 357,360. 146-D Page 2. Resolution No. 32-71. Estimated Expenditures: (continued) Other Capital Salaries _E_xpenses Outl a_~ Total Accounting & Collection $- $ 50,530. $ $ 50,53~o Sewer System 79,300. 30,930. 2,750. 112,98D. Non-Departmental Divis ion 586,730. 586,73~.~ Debt Service 364,000. 364, TOTAL ESTIMATED EXPENDITURES $ 296,695. $1,141,290. $ 232,810. $1,670,79f.. WATER AND SEWER FUND Estimated Revenue: Revenue From Use of Money and Property $ 41,2gL Charges For Current Services 993,856. Sale and/or Recovery For Loss to City-Owned Property 50'0.. Unappropriated Surplus 635,24'5~. TOTAL ESTIMATED REVENUE. $1,670,79.5.. ARTICLE III. CIGARETTE TAX FUND Other Capital Estimated Expenditures: Salaries ~xpenses Outlay Total Div. of Public Works $ ~ - - $ 48,695. $- $ 48,695.. Transfers 248,760. 248,760.. Debt Service 71,065. 71,065.. TOTAL ESTIMATED EXPENDITURES $ 368,520. $ 368,520. CIGARETTE TAX FUND Estimated Revenue: Revenue From Use of Money' and Property $ 3,500. Revenue From Other Agencies 375,500~. Unappropriated Surplus (10,480~.i~[ TOTAL ESTIMATED REVENUE $ 368,520. ARTICLE IV. UTILITIES TAX FUND Other ~Capital Estimated Expenditures: Salaries ~xpenses Outlay Total Transfer $ $ 286,450. $- $ 286,45~. Debt Service 47,410. 47,41~. TOTAL ESTIMATED EXPENDITURES ...... $ 333,860. $ 333,860~ UTILITIES TAX FUND Estimated Revenue: Utilities Consumption and Service Taxes $ 308,500~ RevenUe From Use of Money and Property 500. Unappropriated Surplus __24~860. TOT~L ESTIMATED REVENUE $ 333,860. Page 3. Resolution No.o32-71. ARTICLE V. CONDITIONS RELATING TO APPROPRIATIONS: Section 5.1 - All monies hereinbefore appropriated are appropriated upon the terms, conditions, and provisions hereinbefore and hereinafter set forth. Section 5.2 - Subject to the qualifications contained in this resolution all appropriations made out of the General Fund are declared to be maximum, conditional, and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if neces- sary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1971, and terminating the 30th day of September, 1972, for which the ap- propriations are made, are sufficient to pay all the appropriations in full; otherwise the said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund, is to the total amount of revenues estimated by the City Council to be available in the period commencing the 1st day of October, 1971 and termi- nating the 30th day of September, 1972. Section 5.3 - All balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 1971, except as otherwise provided for, are hereby de- clared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year con~nencing the 1st day of October, 1971. Provided, however, nothing in this Section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Cigarette Tax Fund or any funds created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these funds for the fiscal year commencing the 1st day of October, 1971. Section 5.4 - No division, department, bureau, agency, or individual re- ceiving appropriations under the provision of this resolution, as outlined in Articles I through IV, shall exceed the amount of its or his appropria- tion, as outlined in Articles I through IV except with the consent and ap- proval of the City Council first obtained; and if such division, department, bureau, agency, or individual shall exceed the amount of its or his appro- priation without such consent and approval of the City Council, the admin- istrative officeror individual, in the discretion of the City Council, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5.5 - Nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest, on, or retirement of, the debt of the City of Delray Beach, Florida. Section 5.6 - None of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Cigarette Tax Fund or any other Fund of the City shall be expended for any purpose t'han, those for which they are appropriated, and it shall be the duty of the Director of Finance to see that this section is complied with in all respects and report to the City Manager and City Council any violations thereof. Section 5.7 - All monies collected by any department, bureau, agency or individual of the City Government shall be paid promptly into the City Treasury. Page 4. Resolution No. 32-71. Section 5.8 - The foregoing budget be and hereby is adopted as the official budget of the City of Delray Beach for the aforesaid period. Provided, how-- ever, that the restrictions with respect to the expenditures of the funds appropriated shall apply only to the lump sum amounts for classes of'ex- penditures which have been included in this resolution. ARTICLE VI ~ TAX LEVY Section 6.1 - That there shall be and hereby is appropriated for the General. Fund operations of the City the revenue derived from the tax of 10 mills per one ($1.00) dollar of assessed valuation, which is hereby levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 1971, and terminating September 30, 1972, the assess valuation on all taxable property for operating purposes within the City of Delray Beach being $175,247,532., for operating and/or maintenance ex- penses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources than the tax levy for current bond service, and that part of collection of delinquent taxes levied for bond service. Section 6.2 - That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach, is $272,615., and that there is hereby appropriated for the payment thereof, all revenues derived from the tax levy of 1.6 mills per one ($1.00) dollar of assessed valuatlon, which is hereby levied for that purpose for the fiscal year commencing October 1, 1971 and terminating September 30, 1972, upon the taxable property of the City of Delray Beach, the assessed valuation being $175,247,532., and' there is hereby appropriated, if necessary, from the surplus sinking fund cash, sufficient raonies, which, together with proceeds of said tax levy for debt, will meet the de,pt requirements for .the aforesaid fiscal year. ARTICLE Vii. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, this 13th day of September, 1971. MAYO · ' 146-F ORDINANCE NO. 26-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING MINIMUM STANDARDS REQUIRING LANDSCAPING OF CERTAIN AREAS, INCLUDING SETBACK, YARD AND OFF-STREET PARKING AND OTHER VEHICULAR USE AREAS IN CONNECTION WITH NEW CONSTRUCTION OR CHANGE OF USE, (EXCEPTING IN CONNECTION WITH SINGLE FAMILY DWELLINGS), TO BE APPLICABLE IN DELRAY BEACH, FLORIDA; REQUIRING SUCH LANDSCAPING TO BE SHOWN ON PLANS FOR BUILDING AND USE PERMITS; PROVIDING FOR REPEAL OF CONTRADICTING LAWS, FOR INCLUSION IN THE CODE OF DELRAY BEACH, FLORIDA, AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, 'FLORIDA: Section 1. Objective. The objective of this ordinance is to improve the appearance of certain setback and yard areas and includ- ing off-street vehicular parking and open-lot sales and service areas in Delray Beach and to protect and preserve the appearance, character and value of the surrounding neighborhoods and thereby promote the general welfare by providing for installation and maintenance of land- scaping for screening and aesthetic qualities, since the City Council finds that the peculiar characteristics and qualities of Delray Beach justify regulations to perpetuate its aesthetic appeal. Section 2. Enforcement. This ordinance shall be a minimum standard and shall apply to the incorporated area, and shall be en- forced by the chief Building Official. Section 3. Definitions. In construing the pr~visions hereof and each and every word, term, phrase or part thereof, where the con- text will permit, t~e definitions provided in Section 1.01, Florida Statutes, and the following definitions shall apply: (a) Landscaping: Landscaping shall consist of any of the fol- lowing or combination thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and other material such as rocks, pebbles, sand, walls or fences but excluding paving. (b) Encroachment: EncroaChment is defined as any protrusion of a vehicle outside of a parkspace, display area or access- way into a landscaped area. There shall be no encroachment over or into any landscaped area. Car stops shall be placed at least two (2) feet from the edge of such landscaped area. (c) Trees: Trees shall be defined as self-supporting woody plants of species which normally grow to an overall height of a minimum of fifteen (15) feet in Delray Beach. (d) Shrubs: Shrubs required by this ordinance shall be self- supporting, woody, evergreen species, as normally gro-~n in Delray Beach. (e) Vines: Vines are plants which normally require support to reach mature form. 146-G -' Page 2. ORDINANCE NO. 26-71. (f) Accessway~: The maximum width of an accessway through the perimeter landscaped strip to an off-street parking or other vehicular use area shall be twenty-four feet (24') for two- way vehicular movement and twelve feet (12') for one-way vehicular movement. No more than one two-way accessway shall be permitted for any street frontage up to one hundred (100) lineal feet or no more than two one-way accessways shall be permitted for any street frontage up to one hundred (100) lineal feet, such standards to be applicable to any property under one ownership. Where such ownership involves over one hundred feet (100') of street frontage, one additional two- way or two additional one-way drives may be permitted for each additional one hundred feet (100') of frontage or major fraction thereof. The balance of such street frontage not involved with accessways shall be landscaped in accordance with the provisions of this chapter. Section 4. Landsc__~q~oing. Requirements for Certain Yard Areas and Off-Street Parking and Other Vehicular Use Areas. All areas used for the display or parking of any and ail types of vehicles, boats or heavy construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which ve- hicles traverse the property as a function of the primary use, here- inafter referred to as "other vehicular uses", including but not limited 'to activities of a drive-in nature such as, but not limited to, filling stations, grocery and dairy stores, banks, restaurants, new and used car lots, and the like, shall conform to the minimum landscaping requirements hereinafter provided, save and except areas used for parking or other vehicular uses under, on or within build- ings, and parking areas serving single family dwellings as normally such residential areas are voluntarily landscaped: (a) Installation. Ail landscaping shall be installed in a sound workmanship like manner and according to accepted good plant- ing procedures with the quality of plant materials as here- inafter described. All elements of landscaping exclusive of plant material except hedges shall be installed so as to meet all other applicable ordinances and code requirements. Land- scaped areas shall require protection from vehicular encroach- ment as herein provided in Section 3(b). A qualified repre- sen-~ative of the agency ~arged with the issuance of building permits shall inspect all landscaping and no certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements herein provided. (b) Maintenance. The owner, or his agent, shall be responsible for the maintenance of all landscaping which shall be main- rained in good condi~['~ion so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All landscaped areas shall be p~ovided with a readily available water supply with at least one outlet located within 50 feet of all plant material to be maintained. (c) Plant Material. (1) Quality. Plant materials used in conformance with provisions of tl~is ordinance shall ccnform to the Standards for Florida No. 1 or better as given in · " 146-H Page 3. ORDINANCE NO. 26-71. "Grades & Standards for Nursery Plants" Part I, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass seed shall be delivered to the jobsite in bags with Florida Department of Agriculture tags attached indicating the seed growers compliance with the department's quality control program. (2) Trees shall be species having an average mature spread of crown of greater than fifteen (15) feet in Delray Beach and having trunk (s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread of crown less than fifteen (15) feet may be substituted by grouping the same so as to create the .equivalent of a'15 foot crown spread. Palms shall be considered trees. Tree species shall be a minimum of eight (8) feet overall height immediately after planting. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than twelve (12.) feet to such public works, unless the tree root system is com- pletely contained within a barrier for which the minimum interior containing dimensions shall be five (5) feet square and five (5) feet deep, and for which the construction requirements shall be four (4) inch thick concrete reinforced with %6 road mesh ~(6x6x6) or equivalent.' A list of such tree species shall be maintained by the Building and Zoning Department for the guidance of the public. (3) Shrubs and hedges. Shrubs and hedges shall be a minimum of two (2) feet in height when measured immediately after planting. Hedges, where re- quired, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one (1) year after time of planting. (4) Vines. Vines shall be a minimum of thirty (30) inches in height immediately after planting and may be used in conjunction with fences,.screens, or walls to meet physical barrier requirements as specified. (5) Ground covers. Ground covers used in lieu of grass in whole or in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within three months after planting. (6) Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in Delray Beach. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be 146-I Page 4. ORDINANCE NO. 26-71. used in swales or other areas subject to erosion, and providing that in areas where other than solid sod or grass seed is used, nursegrass seed shall be so%~ for immediate effect and protection until coverage is otherwise achieved. (d) .R. equired Landsca~i~_~ Adjacent to Public Rights-of-Way. On the site of a building or open lot use providing an off- street parking area or other vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, exclud- ing dedicated alleys, there shall be provided landscaping be- tween such area and such right-of-way, as follows: (1) A strip of land at least five (5) feet in depth located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped, such landscaping to include one tree for each 40 lineal feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking area or other vehicular use area and shall be planted in a planting area of at least twenty-five (25) square feet with a dimension of at least five (5) feet. In addition, a hedge, wall, or other durable landscape barrier of at least two (2) feet in height but more desirably four feet shall be placed along only the interior perimeter of such landscaped strip. If such durable barrier is of non-living material, for each ten feet thereof, one shrub or vine shall be planted abutting such barrier. S'ach shrubs or vi~es shall be planted along the street side of such barrier and should be of sufficient height at the time of planting to be readily visible over the top of such barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover, or other land- scape treatment excluding paving. (2) All property other than the required landscaped strip lying between the right-of-way and off-street parking area or other vehicular use area shall be landscaped. (3)Accessways from the public right-of-way through all such landscaping shall be permitted to service the · parking or other vehicular use areas and such ac- cessways may be subtracted from the lineal ~imension used to deter,mine the number of trees required. Perimeter Landscak~J.ng Rela_tin~ to AbuttiDq_~o_o_o~erties. On the site of a building or structure or open lot use providing an off-street parking area or other vehicular use area, such area shall be provided with a landscaped barrier, preferably a hedge not less than 3~ feet nor greater tkan six (6) feet . in height to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property. Such landscape barrier shall be ].oc~ed between the common lo~ line and the off-street parking area or other · ' 146-J · Page 5. ORDINANCE NO. 26-71. vehicular use area in a planting strip of not less than 2½ feet in width. In addition, one tree shall be provided for each sixty lineal feet of such landscape barrier or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking area or other vehicular use area. Each such tree shall be planted in at least twenty-five (25) square feet of planting area with a mini- mum dimension of at least five (5) feet. Each such plant- ing area shall be landscaped with grass, ground cover or other landscape material excluding paving in addition to the required tree. The provisions of this subsection shall not be applicable in the following situations: (1) When a property line abuts a dedicated alley. '(2) Where a proposed parking area or other vehicular use area abuts an existing hedge, said existing hedge may be used to satisfy the landscape re- quirements of this subsection provided that said existing hedge meets all applicable standards of this ordinance. (f) Parking Area Interior Landsca~in.~_~ Off-street parking areas shall have at least ten (10) square feet of interior land- scaping for each parking space excluding those spaces abut- ting a perimeter for which landscaping is required by other sections hereof and excluding all parking spaces which are directly served by an aisle abutting ~nd running parallel to such a perimeter. In addition, other vehicular use areas shall have one square foot of landscape area for each 100 square feet or fraction thereof of paved area. Where the' property contains both parking areas and other vehicular use areas, the two types of areas may be separated for the purposes of determining the other vehicular use area by first multiplying the total number of parking spaces by 400 and subtracting the resulting figure from the total square footage of the paved area. Each separate landscaped area shall contain a minimum of 50 square feet and shall have a minimum dimension of at least five (5) feet and shall include at least one tree having a clear trunk of at least five (5) feet, with the remaining area adequately landscaped with shrubs, ground cover or other authorized · landscaping material not to exceed three (3) feet in height. The total nut,her of trees shall not be less than one for each one hundred (100) square feet or fraction %hereof of required interior landscaped area. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving. In other vehicular use areas where the strict application of this subsection will seriously limit the function of said area, the required landscaping may be located near the perimeter of the paved area including such perimeters 146-K · ' Page 6. ORDINANCE NO. 26-71. which may be adjacent to a building on the site. Such required interior landscaping which is relocated as herein provided shall be in addition to the perimeter landscaping requirements. (g) Sight Distance for Landscaping Adjacent to Public Riqhts- of-Way and Points of Access. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of 'two or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three (3) feet and six (6) feet, provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross- visibility area shall be allowed, provided they are lo- cated so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be lo- cated closer than three (3) feet from the edge of any accessway pavement. The triangular areas above referred to are: (1) The areas of property on both sides of an accessway formed by t'he intersection of each side of the ac- cessway and the public right-of-way line with two sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides. (2) The area of property located at a corner formed by the intersection of two or more ~ublic rights-of- way with two sides of the triangular area being forty (40) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line con- necting the ends of the other two lines. (h) Existing Plant Material. In instances where healthy plant material exists on a site prior to its development, in part or in whole, for purposes of off-street parking or other ve- hicular use areas, the city department charged with the is- suance of building permits may adjust the application of the abovementioned standards to allow credit for such plant material if, in its opinion, such an adjustment is .in keep- ing with and will preserve the intent of this ordinance. Section 5. Board of Adjustment - Ap~peals. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer or bureau of the governing body of the city affected by any decision of the administrative official. Section 6. Other Ap~]_=i.c.~.a~]_~_e Re.~ulations. (1) The provi- si6ns of this ordinance shall apply only to new off-street parking uses or other vehicular uses. (2) This ordinance should be used as a guide to upgrade existing non-conforming off-street parking areas. Certificate of Occupancy: The Building Official shall have the authority to issue a Certificate of Occupancy to the owner, his ag'ent, or 'to the general contractor which Shall indicate the portions of the construction an~ development which have been completed according · ' 146-L Page 7. ORDINANCE NO. 26-71. to the requirements of this ordinance, to the plan and building code requirements. If the landscaping requirements of this ordinance have not been met at the time that a Certificate of Occupancy could be granted and is requested, the owner or his agent must post with the Building and Zoning Department a bond of 10~/o covering the costs of materials, labor, and other costs incidental to the installation of the required landscaping. Section 7. Plan Approval. Except for single family dwellings, prior to the issuance of any permit for paving which is included under the provisions of this ordinance, a plot use plan shall be submitted to and approved by the agency charged with the issuance of building permits, subject to the review and approval of such other agencies as may be deemed advisable by the building permit agency. The plot plan shall be drawn to scale, including dimensions and distances, and clearly delineate the existing and proposed parking spaces, or other vehicular use areas, access aisles, driveways, sprinklers or water outlet loca- tions, and the location, size and description of all other landscape materials, the location and size of buildings if any to be served, and shall' designate by name and location the plant material to be installed or, if existing, to be used in accordance with the requirements hereof. No permit shall be issued for such building or paving unless such plot plan complies with the provisions herein. Section 8. Landscape Manual. The Planning Department shall prepare and from time to time revise a landscape manual and make the same available to the public, which manual shall provide an illustra- tive interpretation of the above standards and suggested guides for landscaping in accordance with the above standards. Section 9. Penalty_~ The Building Inspector is hereby desig- nated and authorized~ to enforce this ordinance. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined twenty-five dollars ($25.00). · Each day a violation exists shall constitute a separate offense. Section 10. Severability. It is declared to be the legisla- tive intent that if any section, subsection, sentence, clause or pro- vision of this ordinance is held invalid, the remainder of the ordi- nance shall not be affected. Section 11. Inclusion in Code. It is the intent of the City Council and it is hereby ordained that the provisions of the ordinance are hereby made a part of the Code of Delray Beach, Florida and any section or subsection may be renumbered or relettered to accomplish such intent. Section 12. Effective Date. The provisions of this ordinance shall become effective 30 days after the date of its enactment. PASSED AND ADOPTED in regular session on the Second and final reading on this 13th d~y of September , 1971. ATTEST: ~ M A Y O R City Clerk~ First Reading ~u_Lgust 23, 1971 Second Reading September 13, 197].. 146-M ORDINANCE NO. 27-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 1 LESS THE SOUTH 8 FEET, ALL OF LOT 2, AND THE WEST 8 FEET OF THE ABAN- DONED ALLEY LYING BETWEEN LOTS 1 AND 2 AND LOTS 10 AND 11, BLOCK 5, SOPHIA FREY SUBDIVISION, W~{ICH 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. WHEREAS, WALTER H. SIMSON, is the fee simple owner of the land.here- inafter described, and WHEREAS, HARRY T. NEWETT, Attorney in Fact, for Walter H. Simson, has petitioned and given permission for the annexation of said land 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~ and WHEREAS, the annexation of this land hereinafter described, in the C-2 General Commercial District, has been recommended by the Planning and Zoning Board in action taken at its meeting held on August 17, 1971; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELP~AY 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 describ- ed tract of land located in Palm Beach County, Florida, which lies con- tiguous to said City, to-wit: Lot 1 less the South 8 feet, all of Lot 2, and the West 8 feet of the abandoned alley lying between Lots 1 and 2 and Lots 10 and 11, Block 5, SOPHIA FREY SUBDIVISION, per Plat Book 4, Page 37, Public Records of Palm Beach County,. Florida. 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 lim- its of the City of Delray Beach, Florida. SECTION 3. That the land hereinabove described is hereby declared to be in Zoning District C-2 as defined by existing ordinances of the City of De!ray Beach, Florida. SECTION 4. That the ].and 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 ~f 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 portions. PASS.~2.D AND ADOPTED in regular session on the second and final reading on the 13th day of September , 1971. \ MAYOR ATTEST: .~ / ..,.~ L'~~ t ,/ City C]~rk ~'i~s~ Rea~in~ August 23, 1971. Second-Reading Septem~oer 13, 197i. 146-N ORDINANCE NO . 25- 71 . AN ORDINANCE PROVIDING FOR THE VACATION, REMOVAL, REPAIR OR DEMOLITION OF ANY BUILDING OR STRUCTURE WHICH .IS, A PUBLIC NUISANCE, DANGEROUS TO THE HEALTH, MORALS, SAFETY OR GENERAL WELFARE OF THE PEOPLE OF THE CITY OF DELRAY BEACH, FLORIDA, OR WHICH MIGHT TEND TO CONSTITUTE A FIRE MENACE OR WHICH IS CONSIDERED ABANDONED; AND FOR THE ASSESS- MENT OF THE COST OF VACATION, REMOVAL, REPAIR OR DEMOLITION THEREOF AS A MUNICIPAL LIEN OR ASSESS- MENT AGAINST SUCH PROPERTY. WHEREAS, there are standards and guide lines established in Southern Housing Code and Southern Standard Building Code controlling the condition of buildings and structures and actions to be taken by the Building Official, and ~qEREAS, the city of Delray Beach by Florida Statutes 165.191 of 1969 is authorized to adopt published codes, and by Sec. 7 (13) of its charter can declare and prevent nuisances, and by Sec. 7 (19) of its charter can demolish and remove or put in a state of sound repair buildings and structures, and WHEREAS, it is deemed in the best interest of the city of Delray Beach that a procedure be established for implementing the intent of the above codes and charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. This ordinance setting forth an appeal procedure shall apply to all buildings as soon as posted by the Building Of- ficial and shall supersede all ordinances pertaining to appeals in conflict herewith. SECTION 2. Definitions. (1) Unsafe buildings, dwellings, apartment houses and rooms are as defined in Southern Standard Housing Code. (2) Unfit dwellings are as defined in Southern Standard Housing Code. (3) Unsafe building is as defined in Southern Standard Building Code. (4) Dilapidated, unsanitary and unsafe buildings or structures shall be determined as defined in 1, 2 and 3 above. (5) Nuisance is defined as being detrimental to the health, morals, comfort, safety, convenience or welfare of ~e inhabitants of the City and shall in- clude, but not be limited to, attractive nuisances; places for unauthorized activity resulting in unsani- tary conditions; places available to or frequented by malefactors or disorderly persons who are not lawful occupants of such structure; the abandonment of any construction or renovation. 146-0 Page 2. ORDINANCE NO. 25-71. SECTION 3. Duties of Buildinq Official. (1) The Building Official in fulfilling his responsibilities under the Southern Housing Code and Southern Standard Building Code shall immedi- ately, upon his determination that a building or structure needs to be vacated, removed, repaired or demolished, post the following notice on the building or structure; "This building has been found to be a danger- ous building by the Building Official. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given to the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Palm Beach. It is unlawful to remove this notice until such notice is complied with." (2) The Building Official in conjunction with the City Attorney shall cause a title search to be made of the affected property. From such search, the Building Official shall cause a letter, by registered or certi- fied mail, to be sent to all persons having an interest in the property. Such notice shall contain the follow- ing information. (a) The names and addresses of all people notified. (b) Location of property and legal description. (c) A s~atement of particulars of the condi- tions existing with the appropriate code vio- lation including vacating of structure which is the responsibility of landlord or owner. (d) Notification that no later than 20 days after the date of letter, ~ permit must be obtained to take corrective action. (e) Notification that if no permit is ob- tained a public hearing will be held before City Council following the expiration of 20 days to hear all interested parties who want to show cause why the Building Official's determination should not be followed, and the date that such hearing shall be held. (f) . That if the City takes the corrective action, a lien will be placed against the property. (g) That if a permit is not obtained, this letter is notification of the hearing to be held, which the person should attend or be represented by an agent duly authorized in writing. (3) If a hearing is to be held, the City Adminis- tration shall again notify all interested parties of the hearing date by telephone or letter as time permits. (4) At t~he hearing, the City Administration shall present to Council its findings substantiated by photo- graphs and proof of delivery of notices. (5) In case of~an emergency as defined in Southern Housing Code and Southern Standard Building Code, the Building Official may proceed as authorized under South- ern Housing Code or Southern Standard Building Code without a finding by t~e City Council. 146-P Page 3. ORDINANCE NO. 25-71. SECTION 4- Duties of .City CounCil'. (1) The city Council shall, when the hearing is scheduled: (a) ttear from the city Administration as to: (1) Time of posting notice on building or structure. (2) Time of giving notice to owner, occupant, lessee, mort- gagee, agent or other interested parties. (3) Notification given the inter- ested parties after the expiration of the 20 day notice sent by the ....... Building Official. (4) The particulars of the defects and code violations with photographs. (5) The recommended corrective action to be taken with costs of such action. (6) Corrective action, if any, under- taken. (b) Hear from other interested parties present. (c) Make a finding of fact that the building or structure is or is not in violation and ren- der its judgment affirming, disaffirming or modifying the findings of the Building Official. (d) Direct the city Administration to act in a specific manner according to the findings. SECTION 5. Liens. (1) W~nenever the City Administration shall enter upon any.parcel of land in order to accomplish the acts directed by Council of an existing violation, pursuant, to provisions of this ordinance, the city Administration is hereby author- ized and directed to keep an accurate account of all expenses incurred, and based upon same issue a certificate determining and certifying the reasonable cost involved for such work with respect to each parcel of property. The city Adminis- tration is also authorized to add to such costs a ten per cent (10%) administrative charge to cover the expense of administering the work performed, overhead and other con- tingent expenses. (a) As soon after such acts as have been directed have been completed, the cost shall be reported by the City Manager to the City Council. Thereupon the City Council shall, by resolution, assess such cost against the parcel. Such resolution shall describe the land and show the cost of removal, repair or demolition actually incurred by the City with reference thereto and the ten per cent (10%) administrative expenses. Such assessments shall be legal, valid and binding obligations upon the property against which made until pa'id. Such resolution shall become effective thirty (30) days from the date of adoption, and the assessment contained therein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment, after which interest shall accrue at the rate of six per cent per annum on any unpaid portion. 14 -Q Page 4. ORDINANCE NO.. 25-71. (2) As soon as possible after the effectiv'e date of the resolution provided for in the foregoing para- graph, but not before the 30 days after mailing has expired, the clerk shall record a certified copy of such resolution in the office of the clerk of the circuit court in and for Palm Beach County, Florida, and the city clerk shall mail a notice Go the record owner of each of the parcels of land described in the resolution at the last available address for such owner which notice shall be in substantially the following form: NOTICE Date TO: ADDRESS: PROPERTY: You as the record owner of the property above described, are hereby advised that the city council of the City of Delray Beach, Florida, did on the day of , 19 , after a public hearing of which you were notified, order the removal, repair or demolition of a certain danger existing on the above property, sending you notice thereof, such danger being (here describe briefly). A copy of such notice has been heretofore sent you by the Building Official on . You failed to remove, repair or demolish such danger; whereupon it was removed, repaired or demolished by the city at a cost of $ . Such cost has been, by resolution of the city council dated , levied against the above property. BY ORDER OF THE CITY COUNCIL. City Clerk (3) Such assessments together with interest shall be enforceable by the city as provided by the general and special laws of the state. SECTION 6. Authorit~ to Codify_ This ordinance may be codified and incorporated into the city's existing code. SECTION 7. S_e_parability. Should any section or provision of this ordinance or any portion thereof, or any paragraph,' sen- tence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the re- mainder hereof as a whole or any part hereof, other than the part declared to be invalid. PASSED AND iA~OPTED in regular session on the 'second and final reading cn this 13th day of Septem~oer , 1971. ATS'EST: M A Y 0 City clerk First Rea~ing Augus% 23~ 1,971. Second Reading Septembe£ 13,