04-13-70 APRIL 13, 1970.
A regular meeting of the City Council of the City of Delray Beach
was held in the Council Chambers at 8:00 P.M., with Mayor J. L.
Saunders in the Chair, City Manager R. D. Worthing, City Attorney G.
Robert Fellows. and Council Members Grace S. Martin, John L. Pitts, III,
James H. Scheifley and O. F. Youngblood being present.
1o An opening prayer was delivered by Father Timothy Hannon.
2. The Pledge of Allegiance to the Flag of the United States of
America was given°
3. The minutes of the regular Council meeting of March 23, 1970, were
unanimously approved, on motion by Mr Youngblood and seConded by
Mrs. Martin.
4o City Manager Worthing read the following letter from Mr. W. C.
Handlan, 34 N. W. 17th Court, dated Mar~ 25, 1970:
"Last sunday one of our neighbors suffered a fatal stroke in the
driveway of his home. My wife, the only witness in what was at the
time an otherwise 'empty' neighborhood, found the stricken man with-
out signs of life. She telephoned the Delray Police Department and
within a few minutes Sergeant Dalton arrived.
My wife and I cannot speak too highly of the performance of
Sergeant Dalton and the fellow officer he called to help him. They
had our neighbor taken promptly to Bethesda Memorial Hospital. Then
Sergeant Dalton took steps to see that the empty residence was secure
and to locate relatives of our neighbor, out of town at the time.
The officer was completely professional and, at the same time, most
kind and thoughtful in carrying out an assignment in a way we felt
was beyond the call of duty.
Sergeant Dalton is a .credit to his Department and to~. the people
from whom he received his training. I am sending him a copy Of this
letter to let him know my wife and I appreciate his prompt,, courteous
and considerate response to an emergency in the community."
Mayor Saunders asked that Council appreciation and thanks be con-
veyed to Sgt. Dalton for his efficiency.
5. Mr. Pitts referred to a newspaper articLe'~ 'the
Fort Lauderdale News and Sun Sentinel om c~eanliness of beaches, which
quoted the cost of $80~000 a year to taxpayers in order for them to
say they have one .of the cleanest beaches in the world. Further, the
article stated that Fort Lauderdale pioneered the seaweed collection
machine more than 13 years ago, and the one they have now to pick up
heavy seaweed deposits is a home-made one built in the City's .main-
tenance Department, is attached to a tractor and rakes the Weeds off
the beach and empties them into a trailing hopper.
Mr o Pitts asked if the City Engineer could investigat.e~ this home-
made machine used at Ft. Lauderdale with the idea of it being of use
to Delray Beach. He referred this request to City Manager Worthing.
5. Mr. Scheifley referred to an item that had been mentioned several
times regarding' passing of an Ordinance to regulate filling stations
within the City, and asked that said item be on the agenda of a work-
shop meeting in' the near futUre. He said it is his understanding
that the Planning and ZOning Board and the City Attorney would make
recommendations concerning that item, and asked that those reports
be considered at said workshop meeting-
5. Mr. ¥oungblood reported that in driving in Tropic Palms Subdivi-
sion recently it had been observed that many trees overhang Lindell
Boulevard and a developer in that area has asked if this ite~ could be
bro~ghtto Council attention and the` trees tria~ned, as that street is
now heavily traveled. This request was referred to the City Manager.
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5. Mayor Saunders referred to the request of Mr.~ Scheifley concerning
regulating filling stations, and to the incomplete building at ,.the
southeast corner of the intersection of S. W. 1St Avenue with West~
Atlantic Avenue. He. asked that the BUild.{ng Department ascertain the
reason this building has.not been completed, and if .necessary give the
people involved a certain amount of .time to complete the building or
remove it, in compliance with the City Ordinances.
5. Mayor Saunders reported, a phone call from Mr. Wm. J. Edell of
Boynton Beach with a request that i~ be announced .there would be an
Interdenominational and Patriotic "Sing in the 70's" at 1:00 P.M.,
Saturday, April 18, at the Civic. Center in BOynton Beach with no
admission charge.
6.a. City Manager Worthing reported that the Yellow Cab Company had
petitioned for two .Certificates of Public Convenience, and a Public
Hearing had been advertised and held at the last regular Council
meeting. Further, Council, following said public h~aring, deferred
action on the petition, seeking the aid of news publications in an
attempt to obtain an '.expression from the pUblic relative to there
being a-need, or otherwise, for additional public transportation in
the City to better serve the citizens and the public.
During comments, Mr. Pitts mentioned the recently increased taxi
fares, and proposed that the p. etition for additional taxis be denied
with the idea that through the summer these cab-companies begin to s'how
better performance. Further, coneer~g the bridge problem at 8th
Street and Atlantic. Avenu~ he suggested that the City may set up two
or three taxi parking spaces on the beach side to be used by any of
the radio-cabs where they could answer calls in that area regardless
of the status of the IntracQastal Waterway bridges. He also suggested
that the local cab companies may want to arrange to keep at least one
taxicab on 24-hour service for emergency calls to the. hospital, etc.
Mr. Pitts~then mo~ed that the petition of the Ye!~low Cab Company
be denied, the motion being seconded by Mrs. Martin.
During discussion, Mr. Scheifley said he felt there should
definitely., be a time limit placed on the local cab companies improving
their services, and that Council bring it up and determine if such
services, have been improved, December 1, 1970 was agreed upon as that
date.
An Ordinance amendment concerning the age of vehicles, etc., to
be used as taxicabs was also suggested, and that said Ordinance be
passed and effective prior-to. Decembe~ 1, 1970.
Upo~ call of roll on.~the motion to deny the petition of the Yellow
Cab Company, Mrs. Martin, Mr. Pitts, Mr. Scheifley and Mr. Youngblood
voted 'in favor of the motion, and Mayor Saunders was opposed.
6.b. City Manager Worthing presented a proposed Agreement between the
City and Southern Sanitation Service, Inc., relative to providing for
a garbage and trash transfer station on the grounds of the City owned
land in WEST EL BE Subdivision. He reported that this agreement had
been prepared, incorporating various conditions and regulations, as
well as operational responsibilities and rate schedule as reviewed at
last Wednesday night's workshop meeting.
He said this Agreement incorporates, in part, a proposed lease of
land necessary for the disposal plant operation, and prior to Council
consideration of this item, and in compliance with Section 7 of the
City Charter, the proposed LEASE of land for this operation has been
legally advertised and a Public Hearing is Scheduled to be held at
this time in order to receive objections, if any., to such proposed
lease. Sa.id Public Hearing was held _and no objections were received.
Following discussion, Mr. Youngblood moved for acceptance of the
Agreement and Lease with the Southern Sanitation Service, Inc., the
motion being seconded by Mrs. Martin and unanimously carried.
(Copy of said Agreement and Lease are attached to the official copy
of these minutes.) See pages 74-A-K.
-2- 4-13 -70
7.a. Council was informed that the First Baptist Church of Delray
Beach has requested use. of the Community Center Gymnasium on Monday,
April 20th, from' 7..30 P.M. to 10.:30 P.M.~ for the purpose of conduct-
ing a Basketball Game among its members and students, and since said
request has been approved by the Director of Recreation-, it is recom-
mended that this petition be granted. Said request was unanimously
granted, on motion by Mr. Scheifley and seconded by-Mr. Pitts.
7ob. The City Manager informed Council that Mrs. Earl Wallace and
Mrs. Mary Frazier are setting up a summer program for exceptional
children to be conducted in the Pine Grove Elementary School from
June 15 to July 29, on beh'~lf of the Palm Beach County School Board,
and an assistant leader and some recreational equipment has been re-
quested of Delray Beach. Further, such participation in Summer
Recreational programs is common practice in many cities, and with Mr.
Elliott, the City's Recreational Director, concurring in such-aid, it
is recommended that an assistant leader and available recreational
equipment be provided for this program. The requested aid was unani-
mously granted, on motion by Mr. Scheifley and seconded by Mr. Pitts.
7.c. Council was informed that the Seventh Day Adventist Church of
N. W. 6th ~Avenue requests the use of the Community Center Gymnasium
on Saturday, April 18, for the purpose of holding Basketball games
among its members and students, and since it has been determined that
such usage of the gymnasium will not conflict with the Center's pro-
gramming., it is recommended that the petition be granted.
Said request for use of the gymnasium was unanimously granted, on
motion by Mr. Youngblood and seconded by Mr. Pitts.
7.d. Council was informed that the Delray Beach Nat-ional Little League
requests permission to solicit funds within the City, the proceeds from
which are to aid in providi-ng for the purchase of playing equipment
and uniforms~ ~blicitation, subject to Council approval, is intend-
ed to be made on May 2, Door to Door, also at sidewalk tables with
Merchants permission. Further, the Charitable Solicitations Committee
has reviewed this application, and under date of March 31st, reco~ends
Councii. approval of the .request, with endorsement of the function.
The request of the Delray Beach National Little League to solicit
funds was unanimously granted, as recommended, on motion by Mrs. Martin
and seconded by Mr. Scheifley.
7.e. City Manager Worthing reported that Tropic Harbor Development
Corporation has petitioned for the abandonment of a small portion of
a canal-like protrusion of Tropic ISle Harbor containing approximately
2100 square feet. Further, this small, area, as shown on a 'survey,
has been encompassed in the development of the Tropic Harbor Condo-
minium complex and shows as part of the .seawall development on the
Site Plan heretofore approved by the City, and since the petitioner
owns the abutting properties, no other parties are affected.
The City Manager said it is recommended, and with the concurrence
of the Planning and Zoning Board, that this request be granted, and,
subject to Council approval thereof, RESOLUTION NOo 30-70,~ 'to so pro-
vide, should be adopted 'on this first and final reading.
A RESOLUTION OF THE' CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND ABAN-
DONING A PORTION 'OF TROPIC ISLE HARBOR, AS
SHOWN ON THE PLAT OF TROPIC ISLE, 4th SECTION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 25, PAGE 70, OF THE' PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
(Copy of Resolution-No. 30-70 is attached to the official copy of
these minutes.) See page 74-L.
Resolution No. 30-70 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Scheifley and seconde~ by
Mr. Pitts.
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7.f. Concerning use of the Community Center's facilities - Sunday,
April 26th, the City Manager informed Council ~the NCW Club'of~ St.
Mathew's Church who instituted, that initial petition'has withdrawn
their request, and the B~auticians Unit No. 15, a teenage group from
the western section of town requests the use of the Community Center
gymnasium on that evening from 3:30 P.M. to approximately 6:30 P.M.
for the purpose of conducting a Teenage Fashion Show. Further, such
usage of the center is approved by the Recreational Director, and it
is recommended that the-request of the Beauticians Unit No. 15 be
granted.
Said request was unanimously granted-, on motion by Mr. Pitts and
seconded by Mrs. Martin.
7.g.~ The City Manager reported that a petition has been received for
reclassification, from R-1 to RM-1, of the NE% of the SE% of the SW¼
of Section 17-46-43, less dedicated rights-of-way therein, said 10-
acre tract is bound on the north by S. W. 2nd 'Street, on the south
by S. W. 3rd Street; on the east by S~ ~W. 8th Avenue and on the west
by S. W.10th Avenue. Further, CounCil may deny this petition or refer
same to the Planning and Zoning Board for a Public Hearing to be pro-
vided in compliance with Chapter~.29 of ~the City's.. Code of Ordinances.
Said petition was unanimously referred to the Planning and Zoning
Board, on motion by Mr. Scheifley and seconded by Mr. Youngblood.
7.h. City Manager Worthing informed Council that several owners of
properties lying within .BlOck 47 have requested abandonment of the
north-south alley in Block 47, lying between.S.W.' 2nd and 3rd Streets,
and between S. W. 2nd and' 3rd Avenues, said alley never having been
opened nor made use of.
Th~ City Manager r-ecommended that this petition be referred to
the Planning and Zoning BOard for study and recommendation.
Sa'id petition for abandonment of alley in Block 47..was unanimously
referred to the Planning and ZOning Board, as recommended, on motion
by Mr. ¥oungblood and seconded by Mr. Pitts.
7. i. City Manager Worthing informed Council that the Beach Property
Owners' Association, Inc., through its Board of Trustees, in a com-
munication under date of March 31~ 1970, requests its following
RESOLUTION be read, entered in the minutes of the Council meeting, and
urges its adoption and prompt implementation:
"Proposed.~ and unanimously adopted by Trustees present at a
regularly scheduled meeting of the Board of Trustees of the
Beach Property Owners' .Association of Delray Beach, Florida,
on March 25, 1970 and addressed to the City Council of Delray
Beach, Florida,. March 31, 1970
~i. WHEREAS, the .traffic situation East of the bridge over
the Intracoastal Waterway on East Atlantic Avenue has beCOme
intolerable.
THEREFORE, BE IT RESOLVED_that the interests of ,the greater
number of people in the Beach area will be served best if the
City Council (and succeeding City Councils) will take appropriate
action to postpone construction of multiple-family dwellings
East of the Waterway until such time as the traffic problem has
been eliminated or substantially reduced,, and
BE IT FURTHER RES.OLVED that no variations in .the zoning
ordinances be granted that will result in an increase of density
of dwelling units East of the Waterway, and
BE IT FURTHER RESOLVED that the City Council restrict the
issuance of building permits and the approval of plans for
any construction that will adversely affect traffic conditions,
delaying such approval and issuance of such building permits
until the builder: or developer incorporates in such plans,
provisions for traffic control and for the minimizing of the
impact of traffic generated by the ~rQposed .CO~Stmuction ,- and
4-13 -70
BE IT BURTHER RESOLVED that copies of the foregoing Reso-
lution be transmitted immediately to the City Clerk, all mem-
bers of the City Council,-and to all of the area's news media."
Mr. Youngblood moved that this matter be tabled for further study,
the motion being seconded by Mrs. Martin and unanimously carried.
8.a. The City Manager presented RESOLUTION NO.. 27-70.
A RESOLUTION OF-THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING
THE PALM BEACH COUNTY COMMISSION TO REC-
OGNIZE THE CRITICAL NEED~FOR, AND PROVIDE
CONSTRUCTION OF, THE PROPOSED SOUTH TWELFTH
STREET BRIDGE OVER. THE INTRACOASTAL WATER-
WAY. -.
(Copy of Resolution No. 27-70-is attached to-'the official copy of
~hese minutes.) See page 74-M.
Mr. Pitts moved that Resolution No. 27-70 be passed and adopted
on this first and final reading, the motion being seconded by Mr.
Scheifley.
Mayor Saunders reported that in telephone conversation today with
County Commiss~ioner George Warren, Commissioner Warren had said he
thought passage Of Such a Resolution is a good move, and in addition
to sending a coPY of. the Resolution to' the Palm Beach County Commis-
sion, he thought it would be an excellent idea to eend a cgpy~to
Governor~. Kirk.
It was suggested that Civic organizations pass similar resolutions
as anything that might be done in support of obtaining the 12th Street
bridge is needed.
Mr. Pitts amended his motion to include that a copy of said
Resolution be mailed to Governor Kirk. The 'amendment was accepted
by Mr. Scheifley and upon call of roll, the motion carried unanimously.
8.b. The City Manager presented RESOLUTION NO o 28-70.
A RESOLUTION AMENDING RESOLUTION NO. 26-6?
AUTHORIZING THE ISSUANCE OF $600,000 UTILITIES ~
TAX REVENUE CERTIFICATES, SERIES 1967, OF THE
CITY OF DELRAY BEACH, PLORIDA'~
(Copy of Resolution' No. 28-70 is attached to the official copy
of these minutes.) See ipage 74-~vT.,
Resolution No. 28-70 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Youngblood and seconded by
Mr. Scheifley.
8.c. City Manager Worthing presented RESOLUTION NO. 29-70.
'A~RESOLUTION OF THE CITY COUNCIL OF
THE CIT¥.0F DELRAY BEACH, FLORIDA,
VACATING AND ABANDONING A PORTION
OF THE EAST-WEST ALLEY IN BLOCK 97,
CITY OF ~DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 29-70 is attauhed to the official copy of
these minutes. ) See page 74-N.
Resolution No. 29-70 was unanimously passed and adopted on this
first and final reading, on motion by Mrs. Martin and seconded by Mr.
Pitts.
4-13 -70
8.~. The City Manager. prese~'~RDINANCE NO. 8'h70..
AN .ORDINANCE OF THE C~ ~J~CIL OF THE CITY OF
DELRAY BEACH, FLORIDA';-.]~DING SECTION 107.4 (d.)
OF THE SUPPLEMENT TO THE SOUTHERN STANDARD BUILD-
ING CODE, SECTIONS i3'-4 (f), 13-13, AND '21-7, COD~.
OF ORDINANCES RELATING TO A REINSPECTION FEE OF
$8.00. FOR BUILDING; ELECTRICITY AND PLUMBING IN-
SPECTIONS AND ADOPTING NEW SECTIONS IN THE ELEC-
TRICITY CODE R~ATING TO 'MISCELLANEOUS" PERMITS
AND INSPECTIONS.
(Copy of Ordinance No. "8-70 is attached to the official copy of
theee 'minutes. ) ~ Sec.-Page 74-U-V.
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, ahd there being no objection to Ordinance No. 8-70,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by .Mr. Scheifley and seconded by 'Mr.
Youngblood.
8.e. The City Manager presented .ORDINANCE NO. 9-70.
AN ORDINANCE OF THE CITY COUNCIL OF. THE CITY .OF
DELRAY BEACH, · FLORIDA, AMENDING SECTIONS .29-7.4
29-6,'; 29-'7; and 29-7.01,. 'CHAPTER 29, OF THE CODE
OF ORDINANCES PROVIDING FOR ADDITIONAL PARKING
SPACES 'FOR ALL LIVING UNITS IN DE~RAY BEACH,
FLORIDA. · '
(Copy of Ordinance 'No. 9-70 is attached to the official copy of
these minutes,) ' See page 74-W,
A Public Hearing having been legally advertised in. compliance with
the laws of the State'of Florida and the Charter~ of the C.ity of Delray
Beach was held, and there being no objection to Ordinance No. 9-70,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Scheifley and seconded by Mr.
Youngblood.
8.f. The City Manager presented. ORDINANCE NO. 10-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.
DELRAY BEACH, FLORIDA, REZONING AND PLACING CER-
TAIN LANDS IN THE SOUTH QUARTER OF SECTION 24,
TOWNSHIP 46 -SOUTH, RANGE 42 EAST AND IN THE
NORTH QUARTER OF SECTION 25, TOWNSHIP 46 SOUTH,
P~ANGE 42 EAST, IN "RM-1 MULTIPLE FAMILY DWELL-
ING DISTRICT" -AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1969."
'(Copy of Ordinance No. 10-70 is attached to the official copy of
these minutes.) See page 74-X.
A Public Hearing having been legally advertise~..in compliance with
the laws of the State of Florida and the Charter of the City of Delray
8each was held. There was lengthy discussion .and. comments, both for
and aganist the rezoning as contained in Ordinance No. 10-70.
Mr. scheifley moved that Ordinance No. 10-70 be tabled until an
official re~ort is received from the Master Planner of their recom-
mendation on this particular property. The motion was seconded by
Mr. Youngblood and Carried unanimously.
8.g. City Manager Worthing presented ORDINANCE NO. 11-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING CERTAIN PUBLIC
RIGHT-OF-WAY IN SECTION 9, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH IS LOCATED IN THE DELRAY
Ordinance No..11-70 was unanimously placed on first reading, on
motion by Mr. Youngblood and seconded by Mr. Pitts.
S.h. The City Manager presented ORDINANCE NO. 12-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF
DELRAY BEACH, FLORIDA, ANNEXING .TO THE CITY OF
DELRAY~BEACH CERTAIN. LAND, NAMELY LOT-43, LAKE
SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EX-
ISTING :MUNICIPAL LIMITS OF SAID CITY; REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID .-
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
2005 N. W. 2nd Ave.
Ordinance No. 12-70 was unanimously placed on first =_eading, on
motion by Mr. Scheifley and seconded by .Mr. Youngblood...
8.i. The City Manager presented ORDINANCE NO. 13-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND LOCATED IN LOT 17,
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;
AND PROVIDING FOR THE ZONING THEREOF. 815 N. W. 9th Street
Ordinance Now 13-70 was unanimously placed on first reading, on
motion by Mr. Scheifley and seconded by Mr. Pitts.
9.a. Regarding approval of Plat for development of Lake Ray Subd~vi--
sion, City Manager Worthing reported as follows-:
"The Planning and Zoning Boar~, at its regular meeting .held on
April 7th, reviewed the Preliminary Plat of LAK~ RAY Subdivision
and recommends as follows:
'One Board member was absent. In compliance with Ordinance
No. G-285 (Subdivision Ordinance) those members present
voted unanimously to recommend the City Council grant
approval to the preliminary plat and grant tentative
approval to the final plat.'
The City Engineer has revieWed the Preliminary Plat,. as well as
the Final Plat of the Subdivision, as submitted by the developer, and,
in compliance with Section 23A-3 of .the City's Code of Ordinances,
and the requirements therein having been met, recommends approval of
· the Preliminary Plat. Further, and. in accordance, with the Provision~
of Section 23A-4, Mr. Fleming, the City Engineer, recommends tenta-
tive approval of the. Final Plat. Such tentative approval of the
Final Plat will. enable the developer to determine whether to proceed
with immediate installation of utilities in compliance with the City's
Subdivision Ordinance or to elect the posting, of a surety bond, ac-
ceptable by the City, or deposit with the City a Cash Bond or its
equivalent, in an~ amount equal to the cost .which shall be estimated
by the City Engineer. Such bond by the developer, as determined to
be provided, is for the purpose of assuring such installation of re-
quired utilities within twelve months from date of such tentative ap-
proval of the Final Plat. It is suggested that Council sustain the
recommendation of the City' Nngi~eer and the Planning and Zoning.Board
and approve the Preliminary .Plat and give tentative approval of the
Final Plat.
It should be understood that Council ma¥~ give final approval to
the Final Plat, and cause sm~d plat to'be properly executed, only
upon receipt of previously described surety bo~.~r de.~osit, or,
notification by the City Manager .that all required improvements have
been installed, whichever even~ occurs first. It should be further
understood that no building permit shall be issued until the Final
Plat, approved and properly executed by the City, has been recorded ~
in the Office of the Clerk of the Circu£t Court in Palm Beach County.'~'
Mr. Scheifley moved for approval of said Final'.'Plat subject to all
the conditions as outlined by the City Manager, the motion being
seconded by Mr. Youngblood and unanimously carried.
9.b. Council was informed that as a result of recent referral to the
Planning and Zoning Board of a zoning change petition, the Board held
a Public Hearing on the request, and recommends that Council deny
reclassification of Lots 5 thru 10, Block 53, from RM-2, Multiple
Family Dwelling District to C-1 Limited Commercial District.
The recommendation of the Planning and Zo. ning Board was unanimously
sustained in the denial of' said request for rezoning, on motion by
Mr. Youngblood and seconded by Mr. Pitts.
9.c. City Manager Worthing read the minutes of the Beautification
Committee meeting of April 8, 1970.
10.b. City Manager Worthing reported that Council had been furnished
with a proposed Agreement with Highland Beach concerning re-establish-
ing the water connection between the two towns. FUrther, said Agree-
merit had been approved by Delray Beach at a recent meeting, and had
since been approved by the Town of Highland Beach at its regular meet.-
lng held on the 7th of April, 1970. (Copy of said Agreement is at-
tached to the official copy of these minutes.) See pages 74-Y-Z.
10.b. City Manager Worthing presented the following memorandum; dated
April 13, 1970, from City Engineer Mark C. Fleming:
"Your attention is called to Item 7.f. on the minutes of the Reg-
ular Council Meeting of October 13,1969, which reads as follows:
'The City Manager referred to a letter, dated September 23rd,
from the First Presbyterian Church concerning a 'drainage problem on
their parking -lot, and the resurfacing of Bronson Street, and in-
formed Council that City Engineer Fleming has estimated the cost of
resurfacing Bronson Street to be between $3,500.00 and $4,,000.00 and
that the First Pre~byterian Church-has Offered to participate in such
improvement cost to the extent of $1,00:0.00. Further, subject to
Council approval for such street improvement, authorization is re-
quested for transfer of sufficient funds, from the General Fund
Contingency Accouot, to cover the City's ~hare for such improvement
cost.
Mr. Youngblood moved to grant authorization for said street im-
provement and the transfer of necessary funds, as requested, the
motion being seconded by Mr. Wilson. Upon call of roll,.Mr. Pitts,
Mr. Wilson, Mr. Youngblood and Mayor Saunders voted in favor of the
motion and Mr Scheifley abstained from voting and stated that he is
a member of the First Presbyterian Church.'
Although not reflected in the minutes, it was the understanding
that, rather than accepting separate bids which might result in two
separate contractors working on, what is essentially, onep.roJect, the
City would negotiate a price for its w~rk with the contractor hired by
the Church.
Attached is a quotation from Hardrives, Inc., who has been con-
tracted to do the Church's portion of the work, to complete the City's
portion of the work for the lump sum amount of $4,050.00, in accordance
with the plans furnished by the City Engineer's Office.
Inasmuch as this quotation falls .very close to the estimate, fur-
nished approximately seven months ago by the City Engineer, request is
hereby made for authorization to award this work to Hardrives, Inc.-at
quoted price of $4,050."
-8- 4-13-70
'The City 'Manager recommended that :Council authorize the award to
Hardrives, InC~. for the improvement of. Bronson Street.
'Mr. Scheifley, being, a member of said First Presbyterian Church,
left the Council Chambers.
Mr~ ¥oungblood moved to authorize said street improvement project
as outlined, the funds in the amount of '$3,050. to be provided from
the General Fund Contingency Account....The motion was seconded by
Mr. Pitts and carried unanimously.
10.b. City Manager Worthing reported that a Suit had been entered
against the City. of Delray Beach as a result of. condemnation by the
Building'Department and..demolition of a partly-constructed building
loeated in a portion.'of Section 28-46-43, lying immediately north of
Tropic iSle Subdivision and authorization by Council is requested
for the City Attorney to defend the City in this regard.
Mr. Pitts moved to authorize the City Attorney to defend the City
in this action, the motion being-seconded by Mr. Youngblood and
unanimously carried.
10.c. City Manager Wo=thing presented the-following Bills for
Approval:
General Fund $150,945.93
Water Operating & Maintenance Fund 10,057.52
Utilties Tax Reuenue Fund 1,550.00
Cigarette Tax Fund ~.. 11,458.71
The bills were unanimously approved for payment, onmotion by
M~. Youngblood and seconded by Mr. Pitts. ~
The meeting adjourned at~ 10:25
R. D. WORTHING.,
city Clerk
APPROVED ..
-9- 4-13 -70
CONTRACT
THIS CONTRACT for the construction and operation of a
garbage and trash transfer plant made and entered into at Delray
Beach, Florida, this 13th day of April , 1970, by and between
the CITY OF DELRA¥ BEACH, Florida, a Florida 'municipal corpora-
tion, hereinafter called "City", and SOUTHERN SANITATION SERVICE,
INC., a Florida corporation, whose address is 201 N. W. 12th Av~-
hue, Po'mpano Beach, .Florida, hereinafter called "Company";
WITNESSETH:
WHEREAS, the City is desirous of making temporary arrange-
ments for the disposal of garbage and trash collected within the
city limits and the Company is willing to receive such garbage and
trash and to dispose of same outside the city;
NOW, THEREFORE, in consideration of the 'mutual covenants
and agreements herein recited, by each to be performed, it is here-
by agreed by and between the parties as follows:-
(Lease)
1. City will simultaneously with the execution of this
contract enter into a lease' on the following described.property
owned by the City:
Lots 20 thru 27.Block 3; Lots 14 thru 18 '
'Block 8; Lots 9 thru 16 Block 9; that part
of Meyers Street lying adjacent to Lots 9
thru 12 Block 9; that part of SW Fourteenth
~ Street lying adjacent to Lots 13 thru 16
· I Block 9; and that part of Swinton Avenue
lying adjacent to Lots 20 thru 27 Block
3; all being in subdivision of West E1 Be,
Delray Beach, Florida, as recorded in Plat
Book 15 Page 22, Public Records of Palm
Beach County, Florida.
2. The land lease shall be for the duration 6f this
contract at an annua~ rental fee of $1.00 per year.
3. City shall be responsible for havin~ electricity
'made available to~ the ramp.
(Plant)
~ ~ 4. Co'mpany at its own cost will construct a~d maintain
on t~e,,le~sed ground a transfer station which Will consist of
driveways,,parking area, ramp, hopper, screening and compaction
unit. -
5. Company shall construct and have the transfer sta-
tion ready to receive City's garbage and trash no later than 30
calendar days from the date that this contract is signed. This
time will be extended in the event City does not have electricity
extended to the ramp.
6. City will p~ovide approximately 3,500-4,00'0.cubic
yards 6f fill for, the ramp and deliver to site at no charg~ to
ComPany.
(Operation)
7. 'The plant will be manned and operated by the Co'mpany
to receive garbage and trash from the City during the hours of
7:00 o'clock A.M. to 5~30 o'clock P.M. daily except Sunday and
such days as the City's garbage and trash crews are not operatT
lng.
8. -Co'mpany shall make facilities available to City at
ho~rs other than above as requested and 'mutually agreed.upon.
9. The Company will not maintain any nuisance upon
said premises nor any condition which may be a menace to occupants
of the adjoining property, nor will the Company suffer or permit
such acts or practices to 'be performed or maintained. The Company
shall keep the premises under its control clean and free from blow-
ing paper and rubbish, at all times, and should the Company not
comply with this pro%ision, the City shall have the right after
givimg 24 hours notice to enter upon said premises and have such
paper, rubbish, dirt and/or other refuse hauled away and the
74-2
Co'mpany agrees to pay all charges that the City shall pay or have
paid for hauling said rubbish and/or other refuse. ~aid charges
shall be paid to the City by the .Co'mpany within thirty (30) daYs
after the bill is presented to it.
10. City will deliver all garbage and trash collected
to Company and dump same into the hopper of the co'mpaction unit.
11. Company will accept all contents of the garbage a~d
trash trucks oS the City except junk automobiles and construction
trash.
12. In case of vehicles other than the City's waiting
to unload in the hopper, Company agrees that all City vehicles
will 'move to the head ~f the line and will not be delayed by hav-
ing to wait their turn in line.
13. Company shall have the right to accept or refuse
garbage and trash from individuals for nonpayment, for behavior
detrimental to operation of plant or si'miler grounds. Such ac-
ceptance shall be in a manner that will not interfere with or
delay the City's vehicles.
14. Company will,leave no garbage or trash in the hopper
or compressor overnight.
15. The Company, or its assigns, shall procure all neces-
sary construction permits or licenses to construct said plant and
at all times make all repairs or alterations to subject premises
necessary therefor; the Company agrees that the subject premises,
or any part thereof, shall not be used and/or occupied and that
it will not use or suffer or permit the subject premises, or any
pa~t thereof, to be used and/or occupied for any vicious or im-
moral purpose nor for ~ny purpose in violation of the laws of the
State of Florida, or of the United States, or ail valid, non-dis-
criminatory and applicable general ordinances, regulations and
-3m
laws of the City and other regulatory bodies having jurisdiction
over the Co'mpany's operations hereunder and which 'may from time
· to time be in effect a~d applicable to Company's operations.
16. The Company shall pay the cost of installation and
connection inside the limits of subject premises of all sewer,
water, gas and electrical connections and shall pay ~11 charges
for such services incurred in connection with its operation on
subject pre'mises and all taxes and assessments levied on same.
(Fiscal)
,17. City will pay Co'mpany for accepting all garbage and
trash as defined in Paragraph 11 as follows:
$1.22 per Compacted cubic yard
.50 per uncompacted cubic yard.
18. It is 'recognized that Company will dispose of the
garbage and trash at the County Dump of Palm Beach County, Florida.
In the event the County charges are increased during the term of
this contract, including renewal by exercise of options, such in-
crease shall be added to the monthly ~illing on compacted cubic
yards. The present charge ~y the County is $.25 per yard.
19. Company will charge individuals the same rate as
paid By City and may charge $2.00 per bulk item such as refrige-
rator or stove.
20. Company will issue to each driver of City a numbered
receipt signed by C0'mpany's agent and City's driver showing the
amount of cubic yards being dumped on that trip.
21. Company will bill C%ty monthly on the first day of
each month and include with the bill copies of the receipts issued
under Paragraph 20.
22. City will' pay Company by the 20th day after receipt
of the monthly billing.
23. It is recognized by the parties that substantial
changes in the cost of labor, supplies, parts, repairs, utilities,
and other costs of operating the transfer plant 'must be antici-
pated, but that the time and degree of such changes cannot be
forecast with any reliability. It is therefore understood and
agreed that the stated base service fee payable to the Co~mpany
as hereinabove set forth in Paragraph 17, less disposal costs ~
($1.22 - $.25 ~ $.97), is subject to adjustment upward or down-
ward on each option renewal based on changes in the Cost of Living
Index f6r the calendar year preceding such option reneWal as pub-
lished by the Bureau of Labor Statistics, United States Department
of Labor. The adjustment in the service fee shall be. the same as
the change in said Cost of Living Index last published and this
change shall constitute the percentage of increase or decrease
in the service fee. Such adjustment shall be made to the nearest
one cent per cubic yard, ~nd ~hall not include ~mills.
(Term)
24. This contract shall terminate on May 31, 1971, un-
less ~he options are exercised.
(Options)
25. City shall have the right to extend this contract
for a period of six months by giving 60 days' notice to Company
prior to May 31, 1971.
26. If City exercises the option in Paragraph 25, then
a second option for six months may be exercised by giving 60 days'
notice to Company prior to November 30, 1971.
· 27. If City exercises the option in Paragraph 26, then
a third option for six"months may be exercised by giving 60 days'
notice to Co·mpany prior to May 31, 1972.
28. If not terminated sooner by failing to exercise the
options as stated above or by 'mutual agree·ment, this contract will
-5-
terminate on November 30, 1972.
(General)
29. C0'mpany acknowledges that this contract is for the
benefit of City and that Company. may accept loads fromm indiViduals
but not fro'm other towns or cities or from contract haulers outside
City.
30. In accepting all garbage and trash from City, Company
acknowledges that the transfer plant and their hauling equipment to
the County Dump,has the capacity to handle all the garbage and trash
delivered to it by City. All transfer equipment shall be suffi-
ciently covered to eliminate loose trash escaping from the said
equipment.
31~ Company acknowledges that the disposal of garbage and
trash is their duty and that in the event the use of the County
Dump is terminated, that Company has other locations to dispose of
the garbage and trash.
32. The Company shall save the City harmless and free
from any loss, damage and expense arising out Of failure of the
Company to co'mply with the requirement and provisions of this ~on-
tract and shall provide city with a $10,000 performance bond. No-
thing herein shall be construed to impose any liability, duties or
standards of conduct upon the Co'mpany with respect to persons who
are not parties to this agreement. The Co'mpany shallbe reSponsi-
ble to provide a comprehensive liability insurance policy, with
limits of One Hundred Thousand ($100,000.00) Dollars for injuries
to any one person, and Three Hundred Thousand ($300,000.00) Dollars
for, any one accident.
33. The City .shall have the right to enter upon said pre-
mises at any reasonable time for the purpose of inspecting the same.
-,
34. One or more waivers of any covenant or agreement or
condition or default regarding provisions of the contract by either
the City'or the Company shall not be construed as a'waiver of a
74-G
further breach of the same covenant or agreement or condition.
35. This contract shall be non-assignablem
(Arbitration)
36. In the event of any disagreement arising under this
contract, the same shall be submitted for determination by arbi-
tration, one arbitrator to be appointed by the Company, one to be
appointed by the City and the two arbitrators so appointed to ap-
point a third arbitrator acceptable to bOth of them and who will
act as chairman of the arbitration. Upon the failure to appoint
the third arbitrator as provided herein within ten days, the se-
lection of said arbitrator will be referred to a court of compe-
tent jurisdiction where the selection by the Court'will be binding
upon all parties. The issue will be submitted to the arbitrators,
and the decision of a majority of the arbitrators so appointed
shall be final and will be binding on both parties. Notwithstand-
ing this determination, each party shall have the right to appeal
the decision of said arbitrators to a court of co'mpetent jurisdic-
tion. Each party will bear the cost of his own arbitrator and
divide the balance of the 6ost of arbitration. Arbitrators shall
give prompt notice in writing of the decision of each party. The
arbitration proceedings shall be in accordance with the p~ocedures
specified by the American Arbitration Association. The cost of
arbitration shall be borne equally by the parties unless otherwise
provided by the arbitral award. Such arbitration shall take place
in the City of Delray Beach, Florida, unless otherwise agr~ed~y..'
the parties.
37~ The parties have read .and understand the whole' of
the above contract, .and now state that no representation, promise
or %greement not expressed in this contract has ~een made to induce
either Party to enter into it.
IN WITNESS WHEREOF, the Co'mpany and the City have hereunto
caused to be affixed the signatures and seals of their respective
Officers on the day and year first above written.
CITY OF DELRAY BEACH,
a Municipal corporation
Witnesses as to City
Delray Beach:
Approved as' to form:
City Attorney
· "t SOUTHERN SANITATION SERVICE, INC.,
a Florida corporation
Wi~esses as to Southern
Sanitation Service, Inc.:
STATE OF FLORIDA ) "
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared
J. L. SAUNDERS and R. D. WORTHING of the City of Delray Beach,
Flor.ida, and acknowledged that they are the appropriate .City offi-
cials qualified to execute the foregoing Contract and that they have
executed said Contract for the purposes therein expressed.
SWORN TO AND SUBSCRIBED before me this 16th day of April ,
1970.
"'' Notary Pub !~/c
State of Florida '~t Large ·
.,
My commission expires:
IIOTf',RY PU3MC, STATE OF FLO,qlDA AT LAgGE
MY COMMISSION EXPIRES SEPL 12, 1970
STATE
OF
.... -. BEFORE ME, the undersigned authority, personally appeared
~6L/u4X~'3~-~~~.. 3./~;/~t~ ~~~ of Southern Sanitation
Service, Inc., ~d'acknowledged that they are the appropriate cor-
porate officials qualified to execute the foregoing Contract ~d
that ~ey have executed said Contract for the purposes therein
expressed.
SWO'~
1970.
State of ~iorida a~ har~
MY COMMISSION EXPIRE~ AUG, 6, 1972
L EASE
THIS LEASE Made this 17th day of April, 1970, between the CIT.Y
OF E)ELRAY BEACH, a municipal corporation of Palm Beach County, FlOrida,
hereinafter referred to as Lessor· and SO UTHERN SANITATION SERVICE,
INC., a Florida corporation whose address is 201 N. W. 12th Avenue,
· · '~Pompano Beach· Florida, hereinafter called Lessee,
WITNESSETH:
WHEREAS· Lessor has entered into a contract wiih Lessee for the
disposal of the garbage and trash of the City of Delray Beach, FlOrida, and
WHEREAS, a public hearing was held on the granting of this lease
pursuant to the City Charter,
WITNESSETH; That the Lessor does by these presents 'l~as%'bind let
unto the Lessee for the purposes of fulfilling its contract entered into this
date with the parties, the following described property:
Lots 20 thru 27· Block 3; Lots 14 thru 18· Block 8; Lots 9 thru
16, Block 9; thai part of Meyers Street lying adjacent
thra 12, Block ~; that' part of SV~ Fourteenth Street lying adjacent
to Lots 13 thru 16, Block 9; and that part of Swinton Avenue lying
adjacent to Lots 20 thru 27· Block 3; all being in subdivision of
West E1 Be, Delray Beach· Flo. rida· as recorded in Plat Book
15, page 22, Public Records of Palm Beach County, Florida.
TO HAVE AND TO. HOLD the property aforesaid for'the period as
established in the aforementioned contract· yielding and paying at a rental
rate of $1.00 a year. The first payment is to be made on the date of .the full
execution of this Lease.
This Lease incorporates by reference the terms of the contrac!
entered into between the parties on this date as to the duties and responsibil-
ities of the Lessor and Lessee and shall not be assignable in any manner.
The Lessor reserves the righ{ to pass through the leased property in
% ·
· going to the Lessor's property which surrounds the lease property.
Lessee shall have 30 days after the termination of this lease and
contract in which to remove it~ equipment.
IN WITNESS WHEREOF· Lessor and LeSsee have caused these
presents to be executed the day and year first above written.
CITY OF DELRAY BEACH
Mayor.
Att est:
City Clerk
.
' / /
/ /
Attest: //
/
S~et~ry ~
/
STATE OF FLOR~A )
CO~TY OF P~M BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments,
personally appeared JACK L. SAUNDERS and. R. D. WORTHING well known
to me to be the Mayor and City Clerk respectively of the CITY OF DELRAY
BEACH named as Lessor in the foregoing lease, and that they severally
'-~' ":.~: acknowledged executing the same freely and voluntarily under authority duly
-;; :., vested in them.
,-3 ,-... AJ
"::.'~: WITNESS my. hand and official seal in the County and State last
'~ r~' '":.-; aforesaid this /? ~t~ day of April, 1970. '
· ;.;ll--,..~, ;:". Nota~-y Public, State 0f/Florida. at Large
'" ~' ' . NOTAR~/PUBLIC. STA?E 0P FLORI~A AT
[)] My commission expires: MY COMMISSION EXPIRES SEPT. 12,
':;' STATE OF FLORIDA , ) ...... ~: :::='~ ...... "" '"'
comvrY OF
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the Stat~ and County aforesaid to take acknowledgments.
personally appeared ~..)~~'., )¢~,~/ ~,.~,rc,~& )~/~4~ )?~ ~
well known to me to be the President and~Sec~etary respectively of the
· corporation named as Lessee in the foregoing lease, and that they severally
acknowledged executing the same freely and. voluntarily under authority duly
vested in them by said corporation and. that the seal affixed thereto is the true
corporate seat ofrsMd corporation.
WITNESS my hand and official seal in the Co~unty and State last
aforesaid, this /~7 day of April, 1~?0.
Notary Public, State of Florida,at Large
My commission exp~.;~.~,,c',t~l'~'il'9~ ~:*.-~'~ ^"':; ~'-
RESOLUTION NO. 30-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
~ ~ OF DELRAY BEACH, FLORIDA, VACATING AND ABAN-
DONING A PORTION OF TROPIC ISLE HARBOR, AS
SHOWN ON THE PLAT OF TROPIC ISLE, 4TH SECTION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 25, 'PAGE 70, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
WHEREAS, TROPIC HARBOR DEVELOPMENT CORPORATION, th~
Owner of the lots abutting the' hereinafter described portion
of "Tropic Isle Harbor" have made application to %he City
Council of the City of Delray Beach, Florida, to vacate a small
portion of Tropic Isle Harbor, as appears on the plat of Tropic
Isle, 4th Section, according ito the plat thereof recorded in
Plat. Book 25, page 70, of the Public Records of Palm Beach
County, Florida; and
WHEREAS, said portion of land, hereinafter described,
has never been opened or used by the City of Delray Beach, and
is deemed unnecessary by said City;
Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
That pursuant to Section Seven (7), P~ragraph 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 and
to ~he following described property:
Beginning at the Northeast corner of Lot 496 as shown
on said plat of Tropic Isle, 4th Section; thence
Westerly along the North line of said Lot 496, a
distance of 60..00 feet;, thence Northwesterly along
· the Northeasterly line of Lot 495, which forms an
angle of 44e42'56'' to the right with a prolongat, ion
of last described course, a distance of 35.53 feet;
thence Easterly along a line 25.00 feet North
of and parallel to said North line of Lot 496, a
.. distance of 110.00 feet to a point on the Northwesterly
line of Lot 497; thence Southwesterly along said
Northwesterly line of Lot 497, which forms an included
angle of 45e17'04" with last described course, a
distance of 35.18 feet to the POINT OF BEGINNING.
PASSED AND ADOPTED in regular session on this ~he 13. th .
day of April , 1970.
--[.,/M'A Y 0 R
ATTEST:
,
74-M
RESOLUTION NO. 27-70.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING.
THE PALM BEACH COUNTY COMMISSION TO REC-
0GNtZE THE CRITICAL NEED FOR, AND PROVIDE
CONSTRUCTION OF, THE PROPOSED SOUTH TWELFTH
STREET BRIDGE OVER THE INTRACOASTALWATER-
WAY.
WHEREAS, as a result~of traffic surveys during the recent
tourist season showing up to 1100 cars per hour using the
Atlantic Avenue bridge, which ~xceeds the original design ca~
pacity of the bridge; and
WHEREAS, during the. recent tourist season, the Atlantic
Avenue bridge was opened for the passage of boats as many as
8 times per hour and remained open for a period of 2.5 minutes
minimum to a maximum of 6.0 minutes; and
WHEREAS, the bridge was not useable by automobiles numer-
ous times as a result of breakdown, which breakdowns lasted
for a period of 1 to 4 hours; and
WHEREAS, at times when bridge was not useable, it would take
upwards of 45 minutes to detour and cross the 8th Street bridge;
and
WHEREAS, during times when bridge was not useable, prompt
and efficient fire, police, and ambulance and other emergency
services for the citizens were not available to the section of
Delray Beach lying east of the Intracoastal Waterway; and
WHEREAS, there are Currently under construction, over 3,000
dwelling units in areas adjacent to the Intr~coastal Waterway,
including new High Rise Apartments in Highland Beach immediately
south of our City limits on South A1A. The major portion of the
tenants who will be occupying these apartments and dwelling units
will be crossing the Atlantic Avenue bridge=
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA; THAT;
The County Commissioners of Palm Beach County be advised of
these matters and that the County Commissioners of Palm Beach
County are requested to do everything possible to procure the
installation of the planned Twelfth Street bridge in Delray Beach,
at the earliest possible date, in order to lessen the present
traffic paralysis to the public.
PASSED AND ADOPTED in regular session on this the 13t~ay
of April , 1970.
/S/ J. L. Saunders
MAYOR
ATTEST:
/S/ R... D: ..Worth..%.n~ ....
" city Clei'
98I .
7~4-N'
RESOLUTION NO. 29-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
VACATIN~ AND ABANDONING A 'PORTION
OF THE EAST-WEST ALLEY IN BLOCK 97,
CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the owners of Lots 10 and 11, Block
97, as appears in Plat Book 2, Page 79, PubliC Records
of Palm Beach County, Florida, have petitioned the
City of Delray Beach,' Florida, for abandonment of a
portion of the East-West Alley in Block 97~ and
WHEREAS, that portion of said alley has never
been opened nor made use of, and it is deemed not
needed by the City.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA:
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
the following described right-of-way.
That portion of the East-West Alley
in Block 97, which lies between Lot
11 and that part of Lot 10 immediate-
ly North thereof, as appears in Plat
Book 2, Page 79, Public Records of
Palm Beach County, Florida.
PASSED AND ADOPTED in regular sessi.on on this 13th
the 13th day of April, 1970.
/S/ J. L. Saunders MAYOR
~TT~ST=
/S/ R. D. Worthing City Clerk
74-*0
Delray Beach, Florida
April 13, , 1970
The city Council of the City of Delray Beach,
Palm Beach County, Florida· met in regular public
session at the regular meeting place of the City Council in the
City Hall in theCity of Deiray Beach at 8:00 o'clock
P..M. on April 13 , 1970, with Mayor J. L. SAUNDERS
and the following members present:
!
GRACE S. MARTIN
JO~ L.. PITTS, III
. JAMES H. SCHEIFLEY
O. F. YOUNGBLOOD
Absent:
There were also present Robert D. Worthing ,
City Clerk, Robert D. Worthing City Manager, and
G. Robert Fellows , City Attorney.
After the meeting had been duly called to order
~y the Mayor and the"minutes of the preceding meeting had been
· read and approved the following resolution was introduced in
written form by Robert D. Worthing was read in full and
discussed. Pursuant. to motion made by O. F. Youngblood and
seconded by James H. Scheifley, the resolution was adopted by
the following vote:
AYE: J.L.-Saunders
Grace S. Martin
· John L. ~itts, III
James H. Scheifley
O. F. Youngblood
NAY: None.
74-P
The reuolution is as follow~:
RESOLUTION NO. 28-70.
A RP~0LUTI0~ amending Re~olut!on No. 26-67
~u~-5%-~i~~the issuance of $600~000 Utiliti~s
Tax Revenue Certificates~ Series 1967, of the
City of D,~lray Beach, Florida.'
~W~RF~S pursuant to Resolution No.'26-67 adopted
on October 30, 1967, this City Council authorized the issuance of
$600,000 Utilities Tax Revenue Certificates, Series 1967, of
the City of Delray Beach and pursuant to Resolution No. 10-68_
adopted on Feb.r...uary_22,_ , 1968_' authorized-the issuance of
certain notes in anticipation of the proceeds of the sale of
said cer.tificates; and
WHER.FAS said notes must be paid in the near
future and the certificates authorized by said Resolution No.
26-67 are authorized to bear interest at the maximum rate of
five per cent (5%) per annum and under current market conditions,
according to the advice of the city's fiscal advisor, such
certificates probably cannot be sold bearing such interest and
it ia necessary to amend said resolution to increase the rate
of interest which said certificates may bear as permitted by
Chapter 69-1739, Laws of FlOrida, 1969;
NOW, ~EI?EFORE, Be It Resolved by the City
Council of the City of Delray Beach, Palm Beach County, Florida,
as follows:
SectiOn 1. That Section 2 of Res. olution No.
26-67 authorizing the issuance of $600,000 Utilities Tax Revenue
Certificates, Series 1967, of the City of Delray Beach is hereby
amended to read as follows:
Section 2. %h~t for the purpose of paying
the cost of the construction ef works and improvements to
-2-
CHAPMAN AND CUTLER
efm mmnicl~l building for the municipal court a~d J~tl and
o~e~ ~olice a~stratlem f~ilitles ~ .s~d city, ~eludin~
t~ acquleitloa eft ~~r~ ~ equip~nt ~erefor, the ~.~
co~ctl~ of 8to~ d~~e facilities ~d the aeq~eition
of ri~ts of ~ therefor, the acq~altien ~
off-street ~mg lots, ~d ~e aequisitioa of street riSt~
ef way ~d ~rove~mt thereof~ ~ i~ludl~ t~
~q~altien ef ~ l~s or ~ereata t~rei~, ~d of
~~ea, eq~~t or properties~ either real
de~ aecem~y or desirable ~erefor, exp~ee for
f~eial ~d le~ ee~cee or e~ul$~te, e~e~e~
e~t~te8 of costs, e~e~e8 for pl~, sp~i~eatio~
surve~ ~d ~~ ~l ~enses pr~r~ ~eid~t to ~e
foregoi~ ~ properlF ~ideat to the authorintion
issue eft ~e ce~ifica~8 here~ authorized, ~ere are
~reby au~orized to be issued the Utilities ~
Certificates, ~ries 1~67, of said city in ~he
pri~i~ ~t of ~,~0, ~d eer~ifieates ~ll be
dasd ~c~er X, 19~7, a~lI be ~ ~ d~~tion
$~,0~ e~h, sh~l be ~e~d 1 to 120, lmelusi~,
~ ~terost ~ date ~til p~d a~ t~ rate ~f seven ~d
~e-~ per cent (7-1/2%) per ~ or ~eh lesser ~ er
rates ~ ~y be f~ed by resoluti~ a~er ~e 8~e ef
eertifica~s as herei~er prodded, which in~erest 8h~l
be p~able ~ 1, 1~8, ~ se~-~ual~ ~ereafter
~e first d~s of ~e ~ ~cember of each ye~, s~l be
pa~ble aa to bo~ princip~ ~ ~terest In ~w~
of ~e U~d States ef ~rica at ~e ~se ~at~
(N.A.) ~ the ~ty of N~ ~ork, N~ Uork, ~ s~
aeri~ in ~erical ~der ~ ~e 1 of e~h of ~e years
CHAPMAN AND CUTLER
CE~T, IFICATE NUMBF~ AMOUNT
1 and ~ $10,0~ 1968
3 ~d ~ 10,0~ 1969
5 ~d 6 10,000 1970
7 ~d 8 10,~ 1971
9 ~d 10 10,000 197~
11 ~d 12 10,000 1973
13 ~d 1~ 10~0~ 197%
o,ooo
17 ~d 18 10~0~ 19~'
19 te 21 1~000 19~
~ t~ 2~ 15)000 19
30 1 ~, 000 19BO
15, O~ 1981
~ ~ 1%ooo
15, ~0 19~
~3 tm ~ ~o,o~
%7 ~o 50 ~0,~0 19~
51 t~ 5~ ~0,000 1987
55 ~o ~ 20,~ 1988
~0) ~0 1989
~9 to
63 =o 81 ~,000 1990
8S to 100 9~ 1991
101 to 120 100~0~ 199S
be eallable for rede~tion prior to ~r~ty at
~ e~ on ~t ~ ~d on ~ ~nterest paint date
there~er, ~ ~nverse n~r~ctl order, at the
a~t thereof plus ~c~ed ~terest to ~e dito ~ed ~or
rede~t~on ~ a pr~ (e~ressed ss a pe~en~so of the
f~o ~t the~of) of ~ flor eseh eert~date so redee~d
on ~ prior to ~o ~) 198~o ~' ~or eaeh certificate
redee~d ~ereafter ~d on or pT~OF ~O ~e ~o
e~h ee~f~c~te so redeem~ ~ereafter ~d on or pr~or
· ~e ~) ~9~9) ~d 1~ ff~r each certificate so redeemed ~ere~ ~r
~or rede~t~on shill be s~veu not less ~ th~F~
prior ~ the da~o ff~xod For rede~tion by res~ster~ ~ to
the b~ It ~ch the eertif~cates ~e p~ble
publication of sm appropr~a~ ~t~co one t~o ~
CHAPMAN AND CUTLER
ORDINANCE NO. 8- 70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
107.4 (d) OF THE SUPPLE~.~NT TO THE SOUTHERN
STANDARD BUILDING CODE, SECTIONS 13-4 (f),
13-13, AND 21-7, CODE OF ORDINANCES RELATING
TO A REINSPECTION FEE OF $8,00 FOR BUILDING,
ELECTRICITY AND PLUMBING INSPECTIONS AND
ADOPTING NEW SECTIONS IN THE ELECTRICITY
CODE RELATING TO MISCELLANEOUS PERMITS AND
INSPECTIONS.
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Section 107.4 (d) be added to the Supplement to the
Southern Standard Building Code of Delray Beach, Florida, to read as
follows:
"107.4 (d) Reinspec.tion Fee.
'A fee of $8.00. will be charged for each reinspection
made due' to the work being condemned, not being ready or
corrected at the time specified in 'the application for in-
spection or incorrect address being on the application by
action of the applicant."
SECTION 2. Section 13-4 (f) Code of Ordinances of this City be
amended by adding thereto the fOllowing sub-paragraphs:
"(3) For miscellaneous permits~ Giving permission to do
temporary work or to do general repair~ to radio or tele-
vision, transmitting or receiving stations, picture shows,
road shows, or similar organizations, a permit fee from
one dollar fifty cents to fifty dollars shall be paid,
said fee to be determined by the electrical inspector.
Qualified electricians shall be required to supervise and
patrol all temporary electrical installation in the City~'~
as well'as any other similar wiring systems using current
for light, heat or power in highly congested areas, in
order that life and property may be Protected. This
supervision shall be required, regardless of the manner
in which the electricity is generated or supplied. The
number of qualified electricians required to supervise
in this manner shall be determined by the chief electrical
inspector.
(4) .No permit will be issued for a fee of less than two
dollar fifty cents. The fees shall include Payment for
the permit and for inspection of the work, after the same
shall have been. completed. If the electrical inspector
shall, upon his inspection after completion of the work
or apparatus, find that the same does not conform to and
comply with the provisions of this chapter, he shall no-
tify the master electrician, indicating the corrections
required and when he shall be notified that the correc-
tions have been made, he shall again inspect the work or
apparatus; but, when extra inspection trips are necessarY,
due to any one of the following reasons, a charge of eight
dollars shall be made for each trip:
74-V
Page No. 2. Ordinance No. 8-70.
(a) Condemned work.
(b) Work or corrections not ready for inspection
at time specified in the application for inspection.
(c) Incorrect address being on the application by
action of the applicant."
SECTION 3. Section 13-13 Code of Ordinances of this City be
amended to read as follows:
"Sec. 13-13. Permits required - Fees for inspection;
reinspection.
Permits shall be obtained from the office of the
electrical inspector. Ail installations shall be in-
spected by the electrical inspector.
The fee for installation shall be two dollars
fifty cents, except that reinspections caused by:
(a) Condemned work.
(b) Work or corrections not ready for inspection
at the time specified in the application for in-
spection.
(c) Incorrect address being on the application
by action of the applicant.
shall be subject to a reinspection fee of eight dollars."
SECTION 4. The fifth sentence of Section 21-7 of the Code of
Ordinances of this City be amended to read as follows:
Sec. 21-7. Fifth sentence.
"A fee of $8.00 will be charged for each reinspection
made due to the work being condemned, not being ready
or corrected at the time specified in the application
for inspection or incorrect address being on the appli-
cation by action of the applicant."
PASSED .in regular session on the second and final reading on
the 13th day of April , 1970.
/S/ J. L. Saunders
MAYOR
ATTEST:
/S/ R. D. Worthin9 .........
' " city Clerk _ .T
First Reading March 23, 1970
Second Reading A~ril 13, 1970
newspaper er Jeurn~l published in the City ef ~ew Yerk,
~ew Yerk~ or Chica~o, Illinois. Xf ~ certifficate ~ich ia
called f~r rede~tiea is at t~ ~ ef s~h e~l re~stered
as ~e Pri~lpal, t~rty d~ netlee of ~ede~ttea s~ll be
gives b~ re~stered ~1 to the re~stered h~lder at the
~dress sh~ ~ the ~gistrar' s ~gis~atien b~.
Se~tion [. ~at $~0,000 of s~d eertiftcates,
bei~ t~se ~red 1 to ~, i~luslve, scheduled to ~ture en
J~e 1 ef ~e ~s 1~8 ~ 19T0, ~elusi~e, shall net be ~aued
~ ~e ferm of revere c~ti~cate prescribed by Seetlen q of
a~d reseluti~ s~l reflect ~e fact ~at said ResolUti~ Ne.
~7 is ~ded.
at~ey for ~e ei~ i~ hereby ~horized ~ directed te ~e
~prmpria~ pr~eedi~ ~ t~ C~cuit ~t of ~
~u~el~ Ci~uit ef Flerida ~ ~ fer ~1~ ~ach C~ty for ~e
re-vaCation of a~d certificates ~er ~pter 7~ ef ~e Florida
~atu~a, ~ t~ ~r ~d ~ty Clerk ~e au~erlzed to ai~ ~
pleura ~ effer teat~ ia au~ pr~eed~ fer ~d ea be~l~
~f a~d city,
.S~c~ioa [. ~t ~s reselution shall
~~ate e~eet,
Ad~pt~ ~ approved .~a~ril_.. 1 ~__~ ._ .... , 1~70,
Attea~ ~ ~.. .
C~F
(0~er busiaeas ~ot pert~ent te the a~ve app~rs
in the ~tes ef ~e ~ti~. )
~rsu~t to ~tioa du~ ~e ~d c~ied ~e City
Co--il ~e~ed.
Attest ~,
STATE 0F FLORIDA
COUFFZ OF PALM BEAC~
I, _ 'ROBERT D. WORTHI_N..G .- ..... , d~ hereb7
eertlfy that I am the duly qualified a~d actl~ City Clerk
of the City ef Delray Beach, Palm Beach C~unty, Florida.
! far,her certify that the above a~d foregolag
eeutitutel a true a~d correct copy ef ~he minutel ef & meetl~
ef the City Council ef said city held en april
1~70, and of a relelutiea adopted at said meeting~ ~e laid
mi~Atet ~nd resolutl~u are offtcial~ ef record
~ ~T~8_ ~~F. X have her~te ~bseribed
~ e~ielal ai~t~e ~ i~reaaed hereon ~e o~cial eeal of
~,-
1970.
/
CHAPMAN AND CUTLER
74-W
ORDINANCE NO. 9-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS
-2~4~- 29-6; 29-7; and 29-7.01, CHAPTER 29,
OF THE CODE OF ORDINANCES PROVIDING FOR AD-
DITIONAL PARKING SPACES FOR ALL LIVING UNITS
IN DELRAY BEACH, FLORIDA.
WHEREAS, the Planning and Zoning Board has been studying the
parking problem of the City as a whole due to the additional cars
owned by individual families; and
WHEREAS, in their opinion, additional parking spaces should be
required for all living units in Delray Beach; and
WHEREAS, the City Council is in agreement ~with the Planning a~d
Zoning Board recommendations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION i. That Section 29-7.4 (2) (a) Code of Ordinances of
this City be amended to read as follows:
"(a) Dwelling, single, one family. Two parking spaces."
SECTION 2. That Section 29-7.4 (2} (h) Code of Ordinances of
this City be amended to read as follows:
"(h) Multiple dwellings, apartment houses~- efficiency
apartments and duplexes: 1.7 spaces per one bedroom
unit and 2.0 spaces per two or more bedroom units.
For this purpose a bedroom shall include bedroom,
den, study, library or such other extra room ex-
cluding kitchen, dining and living rooms."
SECTION 3. That Section 29-6 (H) Code of Ordinances of this
City be amended to read as follows:
"(H) PARKING. See~ Section 29-7,4 (2~) (h)."
SECTION 4. That Section 29-.7 (H) Code of Ordinances of this
City be amended to read as follows:
"(H) PARKING. See Section 29-7.4 (2) (h)."
SECTION 5. That Section 29-7.01 (H) code of Ordinances of this
City be amended to read as follows:
"(H) ' PARKING. See Section 29-7.4 (2) (h)."
PASSED in regular session on the second and final reading on
the 13th day of April , 1970.
/S/ J. L. Saunders
/S/ R D. Worthin,g
City Clerk '
First Reading March 23, 1970 Second Reading April 13, 1970
7 -x
ORDINANCE NO. 10~70.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING ·
AND PLACING CERTAIN LANDS IN THE SOUTH
QUARTER OF SECTION 24, TOWNSHIP 46 SOUTH,
RANGE 42 EAST AND IN THE NORTH QUARTER OF
SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42
EAST, IN "RM-1 MULTIPLE FAMILY DWELLING
DISTRICT", AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1969",
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
SECTION 1. That the following described property
in the City of Delray Beach, Florida, is hereby rezoned and
placed in the "P~-i Multiple Family Dwelling District" as
defined by Chapter 29 of the Code of Ordinances of the City
of Delray Beach, Florida, to-wit:
The South 678.19 feet of East 4047.79
feet of the South Quarter of Section
24, Township 46 soUth, Range 42 East
less the right-of-way of S. W. 12th.
Street, Delray Beach, Florida, ALSO
That part of the North Quarter of Sec-'
tion '25, TOwnship '46' South, "Range. 42.
East, Delray Beach, Florida, lying
North and East of the right-of-way for
Germantown Road less the right-of-way
for the Lake Worth Drainage District's
Lateral Canal No. 36, and less the East.
half of the Southeast Quarter of the
Northeast Quarter of the Northeast Quar-
ter of said Section 25.
SECTION 2. That the Building Inspector of said
City Shall upon the effective date of this Ordinance change
the Zoning Map of Delray Beach, Florida, to conform with the
provisions of Section 1 hereof.
PASSED in regular session on the second and final
reading on this the 13th day of April , 1970.
/S~ dJ- L. Saunders
MAY O R -~
ATTEST:
iS/ R~ p..3~oMthiDg. ._
City Clerk
First Reading __~Mar_.ch 23, 1970
Second Reading A~ril.13, 1970
.?~ ~- 74-Y
AGREENIENT
THIS AGREEMENT entered into by and between the CITY OF DELRAY
BEACH, a municip~ corporation, hereinafter referred to as "Delray" and the
TOWN OF HIGHLAND BEACH, a municipal corporation, hereinafter referred
to as "Highland". ,~
WHEREAS Highland Beach lies entirely east of the Intracoastal
Waterway; and
~ WHEREAS a substantial portion of Delray lies east of the Intracoastal
WaterWay; and
WHEREAS both municipalities desire to gUard~agaAnst the potential
danger of failure of water service east of the Intracoastal Waterway!.~.,
NOW, THEREFORE, be it agreed as follows:
1. Highland will cause to be made one connection of the water systems
of Delray and Highland in accordance with specifications provided by Delray.
2. The parties hereto will divide' the cost of such connection equally.
The connection will be controlled by two valves, one of which is operable by
Highland and one of which is operable by Delray.
3. In the event that there is a failure of water service in Highland so
that an emergenCy exists, or in the event of a water system failure in Delray
east of the Intracoastal WaterWay so that an emergency exists, the valves in
question will be opened so as to permit Highland to use Delray's water, or to
permit Delray to use Highland's water, aS the case may be.
4. For the purpos es of tkis agreement, it shall be. presumed that
' water is used at the rate of forty thousand gallons per hour. The "using
· rt" rt"
pa y shall recompense the "providing pa y at the rate of twenty-five cents
(25~) per thousand gallons.
5. In case of an emergency, a letter from the City Manager or Town
Administrator setting forth the emergency and estimated time of use shall be
delivered to the other party. The letter shall be authority for the party
addressed to open their valve. A letter directing the shut off of the valve
after the emergency shall be served by the using party, Such letter shall be
" 74-Z
evidence of the time involved for billing for the use of the water·
6. This Agreement may be terminated by either party on 30 days'
notice by delivery of an 'executed resolution of such termination passed by
the council at a regular meeting.
DATED at Delray Beach, Florida, this day of April 14 , 1970.
THE CITY OF DELRAY BEACH
By:
M/AYOR
Approved as to form:
~2~ty Attorney
DATED at Highland Beach, Florida, this /~/ day of ~/¢~/
1970.
THE TOWN OF HIGHLAND BEACH
ATTEST: MA~r~
App~roved as to form:
Town Attorney
-2-