09-14-70 147
SEPTEMBER 14, 1970,
A regular meeting of the.. City Council of the C~ty of Delray Beach
was held in the Council Chambers at 8:00 P.M., with Mayor J. L. Saunders
in the Chair, City Manager J. E~don Mario~t, City Attorney G. Robert
Fellows and Council members Grace S. Martin, John L. Pitts, III, James
H. Scheifley and O. F. youngblood being present.
1. An opening prayer was delivered by Rev. Roy Forward.
2. The Pledge of Allegiance to' th~'.F',lag 'of, the 'un,ted States 6f
America was given.
3. The minutes of the regular Council meeting August 24 and ·special
meetings of September 1 and 9, 1970, were unanimously approved, on
motion by Mr. Pitts and seconded by Mr. Youngblood.
5. Mrs. Martin called attention to the fact that the County's S. W.
12th Street, lying South of the platted subdivision of Delray Beach
Highlands, is in conflict with the street names of S. W.'!2th Court',
S. W. 13th Street, S. W. 13th Court and S. W. 14th Street of said
Subdivision. She requested that the Administration ask the County to
correct the name of S. W. 12th Street or that the City correct the
street names in Delray Beach Highlands Subdivision.
5. Mr. Pitts reported that the latest da~e to file as a candidate for
'Council in the coming..election is Tuesday, October 2? at~ 5:00 P.M.
He said there has been. a. lack of youthful representation on the City
Council and suggested the~ names of several young·businessmen.
·
5. Mr. P..itts referred to the recent saIe of Bonds for the Southwest
Drainage Project, and commended the council, Finance Director Thomas
E. Weber, former City Manager David M. Gatchel, former City Clerk R.
D. Worthing and former Councilman James B. WilSon for their fine work
toward said project.
5. Mr. ~itts reported that in ten suburban cities surrounding
Philadelphia volunteer ambulance service is in operation at this time,
and said he would like a workshop meeting tO discuss the possibility
of such service here.
5. Mr. Pitts requested .that Murphy Construction Company not be al-
lowed t° work on the Revetmen~t Wall .during the tourist season. He
suggested to the City Manager that an Arbitration Clause be put in
all Contracts, which Gould save much time and money in the future.
5. Concerning the questionnaire proposed by the Planning Consultants,
Bart & Dunlop & Associates, to obtain the public's opinion on different
issues, Mr. Pitts said there is no question regarding the height of
buildings, and asked that such an item be added before said question-
naire goes to the public.
5. Mr. Scheifley said that beach erosion is a serious issue, with
42 miles of beach in Palm Beach COunty; further, the Palm Beach County
Municipal League had formed a Beach Erosion Committee with City Man-
ager Mari'ott as Chairman, and that Committee had. done a lot of research
and study and presented a proposal to the County Commission in an ef-
fort to get some beach erosion program initiated. He urged everyone
to stir up all the interest they could on beach erosion and make it
a major 'issue in the forthcoming political campaigns as such a program
could only be accomplished through the cooperative effort of City,
County, State and ~ederal Governments.
5. Mr. Youngblood informed Council that Earl Faircloth, a candidate
for Governor, made a proposal on Beach preservation in his political
speech.
-1 -
Mr. Youngblood expressed h£s appreciation for the get-Well cards he
received and for people coming to visit him while he was in the hospital
with a broken arm. ~
5. Mayor Saunders rea~ a Proclamation pro~laiming S.e~tember' i7 :'~hrough
23, 1970 as CONSTITUTION WEEK.
X. Mr. Ben Geiger, 2114 S. W. 13th Court, representing the ConCerned
Citizens of Delray Beech, voiced his opinions of and objec-
tions to the school situation in Delray Beach, and asked that Council
attempt' to do som~thing about it.
He also requested use of the Community Center Auditorium on Sunday,~
September 20, at 3:00 P.M. for a meeting regardin~ the School situa-
tion, reporting'that Mr. Willia~ Jaraes would be one of the speakers
and urged'Council members to' attend and support the meeting.
'Said request for use of the Community Center was unanimously grant-
ed, subject to there being no conflict With the Center's programming,
on motion by'Mrs. Martin and seconded by Hr. ScheifleY.
6.a. Concerning a survey of lands in violation of the City's nuisance
laws, presented by the City Manager, Mr. ¥oungblood 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 b~-
Mr. Pitts and unanimously carried. (Copy of the:Nuisance SurVey is
attached to the official copy of these minutes.) See page 154-A.
6.b. The City Manager reported that Mr. JacqUes Vinmont, Jr., by
letter dated August 20, reqUests Council to waive the requirement tha'~
the swimming pool be fenced at his new residence 1°cared at 1046
Melaleuca Road, listing his reasons for such waiver.
Such waiver is permitted under Section 17-28.1 if Council feels
there is sufficient reasons to grant same..
Said reqUest was .unanimously granted, on motion by Mr. Pitts and
seconded by Mr. yoU~gblood.
6.c. Regarding the time of holding regular Council meeting~, Mr.
Sche~fley moved that the meeting time be changed from 8=00 P.M~ to
7:00 ~.M. on the seoo~dand fourth Mondays of each month, themotion
being;!secondedbyMr. Youngbloo~ and unanimously carried.
6.d. The City Manager reporte~ that the bids shown below for demoli-
tiOn of .the old Police Building were presented to Council at its regu-
lar meeting of April 27, 1970, but the item was ~a~led at that time
with the understanding that said work would be dO~i~ in September'and
that the area would be paved and readyfor the winter season=
Crabtree Construction Company, Inc. $3,362.00
Waho, Inc. $5,'682.00
Big Chief, Inc. $2,949.00
Authorization was requested to award the contract for this work
to the low qualified bidder, namely Big Chief, Inc., in the amount
of $2,949.00, with the understanding that the building would be re-
moved and the grounds cleaned up prior to the end of September,.and
that funds for th~s purpose be transferred from the current General
Fund Contingency Account.
Mr. Pitts moved that the contract be awarded to Big Chief, Inc.,
in the amount of $2,949.00, and the funds to cover cost of same be
transferred from the current General Fund C0ntingency Account, the
motion being seconded by Mr. Youngblood and unanimously carried.
6.e. Concerning a presentation and recommendation made ~ members of
the City Beautification Committee to Council at'its September 9 wDrksho9
meeting'that alan~Scaping orc~inance patterned after the one ~neffect
in Dade County be adopted, Mr..Scheifl~y moved that the Administration
and the City A~t~rney be aut~o~ize~ to draft saSd o~inance, the motion
being seconde~ by Mr. ~ittS and ~an~sly ca,tied,'
149
6.f. The City Manager reported that a request had been. received from
the Palm Beach County Areawide Health Planning Council for a letter
from the City' 'indicating its support of the Council and its programs,
which letter would be used in connection' with an operational planning
application being submitted by that Council to the Federal government
in Atlanta this month.
Following discussion, Mr. Scheifley moved that the letter indicat-
ing the City's support of that Health Planning Council belwritten sub-
ject to the City not being obligated to. any financial responsibility,
the motion being seconded by Mr. Pitts and unanimously carried.
7.a. The City Manager informed Council that a request has been re-
ceived from Mr. Lucius Wil-lis., on behalf of the "Little people's"
Band, for use of the Community Center gymnasium, on Saturday, September
26, between the hours of 7:00 and 11:00 P.M., for the purpose of hold-
ing a dance; further, inasmuch as an admission charge, of $.75 is to
be charged, and this is intended to be a profit-making affair without
direct public benefit, it is recon%mended the request be denied.
Mrs. Martin moved that said request be denied, the motion being
seconded by Mr. Youngblood and unanimously carried.
7.b. City Manager Mariott informed Council that an application to
solicit funds within the City, submitted by the Community Chest Ser-
vices of Delray Beach, Gulfstream, Highland Beach and the Village of
Golf, was processed through the Solicitations Committee, which reports
as follows:.
"Happy to advise that the Solicitations Committee has
reviewed the attached, request to solicit submitted
by the Community Chest and recommends that it be aP-
proved with endorsement."
He said the dates for door to door solicitation are February. 3
through 17, 1971, with letters being mailed in. November, 1970 and
January, 1971, and that Council may deny this application or sustain
the recommendation of the Solicitations Committee in compliance with
Section 18-33 of the City's .Code of Ordinances.
Mr. Youngblood moved to accept the recommendation~ of the Solicita-
tions Committee in granting said request, the. motion being seconded
by Mr. Pitts and unanimously carried.
7.c. City Manager Mariott 'informed Council that ~n application, has
been received .from Mrs. iva~ stirrup, doing' business as "Ival's Place"
at 625 West Atlantic Avenue, for transfer of Liquor License No. 1017
from Mr. Willie Frank Bean, Sr., operating under the name of the
"SoUl Charger Lounge"; further, inasmuch as Mrs. Stirrup has previous-
ly been investigated and. approved by the State Beverage Department
and Delray Beach Law enforcement officials, it is recommended that
said request be granted.
Mr. Youngblood moved to grant the request, the motion being second-
ed by Mrs. Martin and unanimously c~rried.
7.d. Council .was informed that a request has been received from Mr.
Dave Hoggins, who has a gratis license to cut lawns and trim shrubbery,
for a refund of all occupational licenses fees paid by him after he
reached the age of 65, amounting to $15 per year for eight years for
a total of ,$120, also that' it should be noted that Section 215.26 of
the Florida Statutes provi'des a three-year/limitation on such refunds;
'therefore, any refund made to Mr. Hoggins could not exceed $45.
Mr. Scheifley moved that a refund of $45..00, .be made to Mr. Dave
H0ggins, the motion being seconded by Mr. Youngblood and unan'imously
carried.
7.e. City Manager Mariott 'informed Council that a request has been
received from Mr. Fred E.'Lakeman, a real estate broker, and Mrs.
Florence A...Lakeman, his. wife, a real estate saleswoman, for. gratis
occupational licenses on the grounds of being, over' 65 years of age,.
and in view of having furnished satisfactory evidence of being over
65 years of age, and otherwise complying with requirements for such
exemption as set forth in Section 16-4 of the .Code of Ordinances, it
is recommended that said request be granted.
Said request for gratis licenses was unanimously granted, on motion
by Mr. Pitts and seconded' by Mrs. Martin.
8.a. City Manager M~iott presented AMENDED RESOLUTION NO. 49-70.
A RESOLUTION OP THE;-CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY= SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT-AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE-
PORT OF THE CITY:MANAGER OF DELRAY BEACH, FLORIDA.
(Copy of Amend'ed Resolution No. 49-70 and attached assessment are
attached to the official copy of these minutes.) See pages 154-B-C.
Resolution No. 49-70, providing for assessment of costs, incurred
by the City in abating previously determined nuisances, against two
parcels of land, was passed and adopted by Council at its last regular
meeting.
In compliance with Section 15-9 of the. City's Code' of Ordinances,
such a resolution is recorded in the office of the Clerk of the Circuit
Court in and for Palm Beach County, thereby causing the assessments
listed therein to become recorded liens against the properties involv-
ed.
Council was informed that a local representative of Willis Invest-
ment Company, owner of one of the properties assessed by Resolution
No. 49-70, namely Lot 8, Block 11, Seagate ~ection "A", has paid the
assessment o~ $138.00 and requests that the lien not be recorded
against the property and the City Attorney has advised that it would
be proper to amend Resolution No. 49-70 by eliminating such assessment
and request the Council to reconsider the resolution in its amended
form.
Amended Resolution No. 49-70 was unanimously passed and adopted on
first and final reading, on motion by Mr. Scheifley and seconded by
Mr. YoungblOod.
8.b. The City Manager presented RESOLUTION NO. 55-70.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING
~6E NAME OF THaT PORTION OF ~N. W.' 9TH.
STREET LYING WEST OF 'N. W. 8TH AVENUE AS
SH°WN ON THE PLAT OF LAKE IDA SHORES TO
LAKE SHORE DRIVE.
(Copy of Resolution No. 55-70 is attached to the official copy 'of
these.minutes.) See page 154-D.
Resolution No. 55-70 was unanimously passed and adopted on first
a~ f~nal rea~ ~n mot~o~ by MrS. ~rtin and seconded by Mr mitt~.
8.'~!' City M~nager Mariott prese~te~ RESOLUTION NO. 56-70.
,~ A ~ESOLUTION MAKING 'A~,p~O~R~;%TION~$ OF SUMS OF
MONEY FOR ALL NECESS~%R¥~EKPENDITUREs OP THE CITY
OF DZL BEACH, .F£b Zm,, FOR TH
1ST DAY OF .OCTOBER, 1970, TO THE 30TH DAY OF SEP-
TEMBER, 1971; TO PRESCRIBE THE TERMS, CONDITIONS
AND PROVISIONS 'WITH RESPECT TO THE ITEMS OF APPRO-
PRIATIONS AND THEIR ~.'YMENT; AND TO' .REPEAL' ~L RES-
OLUTIONS 'WHOLLY IN' CONFLICT WITH" THIS RESOLUTION,
AND ALL RESOLUTIONS INCONSISTENT'WITH THIS RE~OLU-
TION TO THE EXTENT OF 'SUCH INCoNSISTENCY; AND TO
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*LEU~Z A TAX,-ON .ALL PHOP~.RTIES WITHIN THE CITY OF
DELRAY -BEACH FOR MAINTENANCE 'AND OPERATIC~, AND
TO LEVY A TAX FOR- THE..PAYMENT OF PRINCIPAL AND IN-
TEREST ON BONDED INDEBTEDNESS,~ AND TO-ALLOCATE
AND APPROPRIATE SAID .COLLECTIONS THEREUNDER.
(Copy of Resolution No. 56-70 is attached to the official copy of
these minutes.) See pages 154-E-H.
A Public Hearing having b~en '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 1970-71, Resolution No. 56-70 prov£ding for the. adoption of said
Budget was unanimously passed and adopted on first and final reading,
on motion by Mr~ Youngblood and seconded by Mr. Pitts..
Mayor Saunders' reported he had received several calls regarding
ambulance service and explained that the .City ptans to contract with
a private firm or individual to provide ambulanCe.- service for a year,
and then will determine whether they want to continue the private
service or use the Rescue Squad as befo'=e. He said the City will main-
tain the Rescue Squad as a reserve.
8.d. The City Manager presented RESOLUTION NO. 57-70.
A RESOLUTION OF, THE CITY COUNCIL OF TH~,..CITY OF
DELRAY BEACH, FLORIDA,. ACCEPTING A PORTION. OF
AREA NO. 34'. SANITARY SEWER PROJECT KNOWN AS
TROPIC PALMS, 1st PHASE SEWAGE COLLECTION SYS~
TEM, AS COMPLETED BY THE FIRST FEDERAL SAVINGS
AND.~ LOAN ASSOCIATION OF MIAMI AS OPERATIONAL
AND CONFIRMING THE EFFECTIVE DATE FOR THE INI-
TIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES
TO BE IMPOSED FOR THE SERVICES AND FACILITIES
FURNISHED BY SAID PORTION'OF.AREA NO. 34 OF THE
SEWER SYSTEM.
(Copy of Resolution No. 57-.70 is attached to the official copy of
these minutes.) See page 154-I.
Resolution No. 57-70 was unanimously passed and adopted on first
and final reading, on motion by Mr. Pitts and seconded Dy Mr.
Youngblood.
8.e. City Manager Mariott presented RESOLUTION NO. 58-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING-A PORTION OF
AREA NO. 5 OF SANITARY SEWER PROJECT - LATERAL
5-A-X AS oPERATIONAL' AND SETTING THE EFFECTIVE
DATE FOR THE INITIAL SCHEDULE OF RATES, FEES
AND OTHER CHARGES TO BE. IMPOSED FOR THE SERVICES
AND FACILITIES' FURNISHED' BY SAID.-PORTION 'OF'AREA
NO. 5 OF THE SEWER' SYSTEM.
(COpy of Res°lution No, 58-70~is attached to the official copy of
these minutes.) See page. 154-J.
Resolution No. 58-70 was unanimously passed and adopted on first
and final reading, on motion by Mr. Youngblood and seconded by Mr.
Pitts.
8.f. The City Manager presented ORDINANCE NO. 29-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF .DELRAY~BEACH, FLORIDA, AMENDING SECTION.
29~7,5½, CHAPTER 29 OF THE CITY'S CODE OF
ORDINANCES PERTAINING TO SITE PLAN' APPROVAL
REGULATIONS.
-5-.. 9-14-70.
The City Manager said that a public hearing had beea scheduled to
be held at this t~me on this Ordinance which pertains to site plan
proval regulations, but due to the fact that a considerable modifica-
tion of this ordinance was informally agreed upon at the September 9
workshop meeting, it will be necessary to place this ordinance back
on first reading, thus precluding the holding of a public hearing at
this time. Further, a public hearing and consideration of passage
of this ordinance on second reading will be at the October 12 Council
meeting if the ordinance is placed on first reading at this meeting.
Ordinance No. 29-70 was unanimously placed on first reading, on mo-
tion by Mr. Scheifley and seconded by Mr. Pitts.
8.g. City Manager Mariott presented ORDINANCE NO. 30-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY-.BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH, LOTS 1 THROUGH 20, BLOCK 23;
LOTS 12 THROUGH 33, BLOCK 22; LOTS i THROUGH
10, AND LOTS 57 THROUGH 66, BLOCK 35! AND LOTS
t2 THROUGH 33, BLOCK 36, DEL-RATON PARK SUBDI-
VISION LESS THAT PART FORMERLY DEEDED FOR THE
WIDENING OF STATE ROAD NO.-5, ALSO A PORTION
OF AVENUE "E" FLORIDA BOULEVARD AND FREDERICKS
BOULEVARD, WHICH LANDS ARE CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID 'CITY; REDEFINING
THE ~OUNDARIES OP SAID CITY TO INCLUDE SAID
LANDS; PROVIDING FOR THE..RIGHTS AND OBLIGATIONS
OF SAID LANDS; AND PROVIDING FOR THE ZONING
THEREOF.
Ordinance No. 30-70 was u~animously placed or~. first reading, on
motion by.Mr. Pitts and seconded by Mrs.' Martin.
8.h. The City Manager presented EMERGENCY ORDINANCE NO. 31-70.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
16, SECTION 172, CODE OF ORDINANCES OF THIS CITY,
PERTAINING TO LICENSE FEES FOR MERCHANTS, DRUGGISTS
AND STOREKEEPERS.
(Copy of Emergency Ordinance No. 31-70 is attached to the official
Copy of these minutes.) See page 154-K.
Emergency Ordinance No. 31-70 was unanimously passed and adopted
on this first and final reading, on'motion by Mr. YoungbloOd and sec-
onded by Mrs. Martin.
8.i. City Manager Mariott presented ORDINANCE NO. 32-70.
AN ORDIN~NCE-'ESTABLISHING MINIMUM STANDARDS GOVERN-
ING THE USE,' OCCU~PANCY AND MAINTENANCE OF DWELLINGS,
DWELLING ~NITS AND' ACCESSORY STRUCTURES ~ ESTABLISHING
MINIMUM STANDARDS GOVERNING SUPPLIED UTILITIES AND
FACILITIES, AND OTHER PHYSICAL THINGS AND CONDITIONS
ESSENTIAL TO MAKE DWELLINGS SAFE, SANITARY, AND FIT
FOR HUMAN HABITATION; ESTABLISHING MINIMUM STANDARDS
GOVERNING THE CONDITION AND MAINTENANCE OF DWELLINGS
AND ACCESSORY STRUCTURES; FIXING CERTAIN RESPONSIBILI-
TIES AND DUTIES OF OWNERS AND OCCUPANTS OF DWELLINGS~
CREATING' A HOUSING BOARD OF ADJUSTMENTS AND APPEALS
AND FIXING THE DUTIES AND RESPONSIBILITIES THB. REOF~
AUTHORIZING THE INSPECTION OF DWELLINGS AND ACCESSORY
STRUCTURES AND P~OVIDING FOR THE CONDEMNATION OF ALL
BUILDINGS AND 'STRUCTURES DFI~MED UNFIT-FOR HUMAN HABI-
TATION AND USE~ FIXING~ PENALTIES FOR VIOLATIONS ~ AND
REPEALING 'ORDINANCES IN CONFLICT THEREWITH'.
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153
Ordinance No.-32-70 was unanimously placed on first reading, on mo-
tion by Mr. Sche£fley~ and seconded by Mr. Youngblood.
x. Mayor Saunders introduced the new Planning Director, Mr. James
Smoot. .r
9. a. The City Manager reported that at the regular meeting of July
27, Council referred, to the Planning and Zoning Board and the City
Administration a request from Mr. Robert M. Kinkead, acting as author.-
ized agent for the property owners, for annexation of approximately
64 acres, subject to RM-1 zoning and water and sewer service being
made available. He further reported that the Planning and Zoning
Board, at its meeting of September 1,. unanimously passed a motion to
recommend to Council that the request for annexation of 64 acres of
land being all of Block 'B', Ocean City Estates subdivision and lands
within the Northwest Quarter of Section 18-46-43, with RM-1 Zoning,
be approved.
The City Manager said that since it appeared the Master Plan would
not be completed before early 1971 and since the proposed development
and zoning of this tract of land appeared to be desirable (one-story,
low density), he had requested that a call be made by the Chairman
of the Planning and Zoning Board to the consulting firm preparing said
Master Plan to determine whether approval of this annexation by Council,
as recommended by the Pl.anning and Zoning Board, would be consistent
with the Master Plan, and .the answer was in the affirmative.
Mr. Kinkead, authorized agent, and Mr. Tate~ the developer, were
present and explained the plans for development of that property.
City Engineer Fleming informed Council that he had received a call
from Mr. Kenneth Jacobson, a Planning and Zoning Board member, asking
him to report that it be understood that the Planning and Zoning
Board has recommended annexation under the RM-1 .zOning but that said
annexation not be tied in with any proposal or promise as to .the Site
Plan because there is still several detail~ to be worked out.
After general discussion, Mrs. Martin moved that. the annexation of
the 64 acres of **land being all of Block 'B' of Ocean City Estates
Subdivision and lands in the~.Northwest *Quarter of Section 18-46-43
with an RM-1 zoning be granted, the motion being seconded by Mr. Pitts.
Upon call of ro11, Mrs. Martin, Mr. Pitts, Mr. Youngblood and'
Mayor Saunders were in favor of the motion and Mr. Scheifley was
posed.
10.a. Mr. Walter Gies, representing the Delray Rocks Inc. Football
Team,.~ a City,sponsored Goldcoast Boys Football League, requested that
the City purchase a $100.00 full page advertisement to help support
the Delray Rocks Football Team~ said advertisement to be in the pro-
gram booklet for the 1970 season.
Mr. Pitts moved that the City again support said group by purchas-
ing a full page advertisement, and that 'the funds to cover this $100.
cost be transferred from the General Fund. Contingency Account, the
motion being seconded by Mrs. Martin and unanimously carried.
10.b. The City Manager informed Council that a petition has been
received from the Second National Bank of Delray Bed_ch requesting
annexation of a-tract of land, 1 1/8 acres, located at the Southwest
corner of U. S.~and S. E. 12th Street.
He recommended that this petition be referred to the Planning and
Zoning Board for study and recommendation.
Mr. Youngblood .moved that said petition be referred to the Planning
and Zoning ~Board for study and r'ecommendation, the motion being sec-
onded by Mr. Pitts and unanimously carried.
10,b. Mayor Saunders reported that Attorney I. C. Smith had been ap-
pointed as a Judge Ad Litem for this year and is a member of the Civil
Service Board but due to his appointment as City Prosecutor, said
positions need to be filled by someone else and asked Council to be
considering people' ~or appointment' to said positions.
10.a. Mr. Doug Morgan, 221 N. E, 13~h Street, asked the status on the
use of th~ South 400' Beach property', .
The 'C~ty Manager repo~ed the. trespa'sslng signs were .placed on. .said
proPer!kY. for legal protection of the City, 'but residents do use the
beach' for fishing and s~i~ing purposes.
Regarding improvement of said beach property, it was reported that
plans have been considered, Which plans if put into effect would cost
aPProximately $50,000, but no funds are available at this time for
that work.
10.a. Mrs. John G~ll, speaking in behalf of the Eden Club, a group of
young people ranging from 18 to 25 years of age-who met at the Seacrest
Pharmacy Building across from Delray Jr. High School until financial
trouble and complaints of loud noises and music caused them to dis-
band, asked if CounciI knew of a place in the City where-these young
people could meet;and continue their activities.
After discussion, said request was r~ferred to the~City Manager
and the Recreational Director.
10.b. Mayor Saunders informed Council that he is a member of the
Board o~ Directors~'for the~Drug AbuSe Center, called Agape, located
at 85 N. E. 1st Avenue. He asked if Council would consider waiving
the $30. ~icense fee for this organization.
Mr. Pitts moved that said fee be waived, subject to it being legal
to do so,' the motion being seconded byMr. Scheifley and unanimously
carried.
10.c. The followihg Bills for Approval were presented:
Gene=al Fund $135,836.44
Water Operating & Maintenan=e Fun4 15,017.36
Water Revenue Fund 6,000~00
Special Assessment Fund 10~,000.00
Refundable Deposits Fund 100,000.00
Cemetery Perpetual Care Fund 3,324.98
Utilities Tax Revenue Fund 15,550.00
Sewer Revenue Fund 56,000~0
Cigarette Tax Fund 21,942.75
Construction TrUst Fund, First National
Bank of Delray Beach 16,438.55
Following explanations of several items, the bills were unanimously
approved for payment, on motion by Mr. Pitts and seconded ~y Mr.
Youngblood.
The meeting adjourned at 10:05 P.M.
City~.Clerk--~
APPROVED:
/S/ Grace S. Martin
"" ....... .... ......
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154-A
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
CITY
OWNER A~D ADDRESS PROP~.RT~I DESCRIPTION COD~
1. William B. & Caroline S. Lot 17, Delray Isle. 15-3
Mark (1110 Island Drive)
1065 Highland Park Blvd. 15-4
Wausau, Wisconsin 54401
2. J. L. Love, Jro, et al Lot 3 and North 49.'7 feet of 15-3
c/o Mary L. Foster . Lot 4, Block 60. &
P. O. Box 940 (39 N. W. 1st Avenue) 15-4
Delray Beach, Florida 33444
3. Edward F. & Betty B. Kiszka East half of Lot 20 and all of 15-4
2300 Seacrest Boulevard Lots 21 and 22, Block 12,
Delray Beach, Flor{da 33444 Dell Park. (213-221 N. E. 8th Street)
4. Leon & Vasseina Williams Vacant part of the East 100 feet 15-3
Estate of the West 200. feet of the &
227 N. W. 5th Avenue North 50 feet of BlOck 18. 15-.4
Delray Beach, Florida 33444 (510 N. W. 3rd Street)
5. Virginia chambers Lot 16, Block 114. 15~4
2 Adrian Avenue (222 N. E. 7th Avenue)
Bronx, New York 10463
6. Ruth S. Dedi Vacant part of Lot 8, Block 3, 15-4
12 S. w. 8th Court Bellview Manor.
Delray Beach, Florida 33444 (12 S. W. 8th Court)
Violations 15-3 and 15-4 as concerns this report are as follows:
1. 15-3 - Garden trash
15-4 - High weeds
2. 15-3 - Tree limbs
15-4 - Weeds and undergrowth
3. 15-4 - Weeds and undergrowth
4. 15-3 - Debris
15-4 - Weeds and undergrowth
5. 15-4 - Undergrowth
6. 15-4 - Excessive undergrowth
Submitted t° the City Council by the City Manager on this
the 14th day of September, 1970.
154-B
BESOLUTION NO. 49-70.
AS AMENDED
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF D~LRAY BEACH,
FLORIDA, ASSESSING COSTS FOR A~ATIN~ NUISANCES UPON CERTAIN
LANDS LOCATED WITHIN SAID CITY; SETTIN~ OUT ACTUAL COSTS IN-
CURBED BY SAID CITY TO ACCOMPLISH SUCH ABATeMEnT AND LEVYING
THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING
SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS
SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHERF~S, the City council of the City of Delray Beach, did, in
regular,/~//~/~./~,//////session held on the ..... 23,.rd 9,f Ma,r, ch, 1970
declare the existence of a nuisance
upon certain lots or lS of land, described in a list submitted to
them, for violation of the provisions of Ordinance No. G-147;
WHEREAS, pursuant to such declaration, the City Clerk of said City
did furnish each of the respective owners of the lands described in
said list with a notice describing the nature Of the nuisance and that
they must abate said nuisance within thirty (30) days, failing in which
the City Council would have it done, and the cost thereof would be
levied as an assessment against said property; and
WHEREAS, the owners hereinafter named did fail and neglect to abate
the nuisance existing upon~ their respective lands within the time pre-
scribed in said notice and Ordinance G-147, and the City of Delray
Beach was required to and did enter upon the following lands and incur
costs in abating the nuisance existing thereon as described in the
aforesaid list; and
WHEREAS, the City Manaqer of the City of Delray Beach, has, pursuant
to said Ordinance G-147 and the City Charter submitted to the City Coun-
cil a report of the costs incurred in abating the nuisance as aforesaid,
said report indicating the costs per parcel of land involved.
NOW, T~EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That assessments in the individual amounts as shown by the report
of the City Manager of the City of Delray Beach, involving the City's
cost of abating the aforesaid nuisances upon the lots or parcels of
land described in said report, a copy of which is attached hereto and
made a part hereof, are levied against the parcels of land described on
Said report and in the amounts indicated thereon. Said assessments so
levied shall be a lien upon the respective lots and parcels of land de-
scribed in said report, of the same nature and to the same extent as
the lien for. general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as city taxes are collectible.
2. That the City Clerk of said City shall, as soon as possible after
the effective date, record a certified copy of this resolution in the
office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, and shall furnish to each of the owners named in and upon said
report a notice that the City Council of the City of Delray Beach, did,
on the ._ .23r~.. of. Mar~.~, !9.70
order the abatement of a certain nuisance 'exiSting On their described
property and property owner having failed to abate such nuisance, with-
in the 30 day period, whereupon it was abated by the City at costs
shown in said report and such assessments shall be legal, valid and
binding obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 days from the
date of adoption, and the assessments contained herein shall become due
and payable thirty days after the mailing date of the notice of said
assessment, after which interest shall accrue at the rate of 6% per
annum on any unpaid portion thereof.
PASSED AND ADOPTED in regu.la..r., session on the ...... 14th. . day of
September 19 0~Q__
ATTEST: /S/ J. L. Saun, ders
MAYOR
i_/S/ Hallie E. Yates
154-C
COST OF ABATING NUISANCES UNDER ORDINANCE NO. G-147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
March 2~3, 1970 list~
South 800 feet of North 1655 feet of
East 425 feet of that part of SE¼ of
Section 19-46-43 lying West of West
right-of-way line of S.A.L.R.R. John D. Cole $300.00
154-D
RESOLUTION NO. 55-70.
A RESOLUTION OP TH~ CITY COUNCIL OF THE
CITY OF'DELRAY BEACH, FLORIDA, CHANGIN~
THE NAME OF THAT PORTION OF N. W. 9TH
STREET LYING WEST OF N. W. 8TH AVENUE AS
SHOWN ON THE PLAT OF LAKE IDA SHORES TO
LAKE SHORE DRIVE.
WHEREAS, the property owners residing on N. W. 9th
Street, a public right-of-way lying West of N. W. 8th
Avenue to a dead end, have requested that said public
street be renamed LAKE SHORE DRIVE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA:
1. That the name of N. W. 9th Street, located with-
in the City of Delray Beach and lying West of N. W. 8th
Avenue as shown on the Plat of LAKE IDA SHORES, per Plat
Book 25, Page 54, Public Records of Palm Beach County,
Florida, be and the same is hereby changed to LAKE SHORE
DRIVE.
PASSED AND ADOPTED on this the 14th day of September,
1970 ~
/S/ J. L. Saunders MAYOR
ATTEST:
City Clerk
154-E
RESOLUTION NO. 56-70.
A RESOLUTION M~KING 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, 1970, TO THE 30TH DAY OP. SEP.
TEMBER, 1971; TO PRESCRIBE THE TERMS, CONDITIONS
aND PROVISIONS WITH RESPECT TO THE ITm4S A 'PRO-
PRIATIONS AND THEIR PAYMENT; AND TO REPEAL ~ RES-
OLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION,
AND ALL RESOLUTIONS INCONSISTF~NT WITH THIS RESOLU-
TION TO THE EXTENT OF SUCH INCONSISTENCY; AND TO
LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY iQF
DELRAY BEACH FOR MAINTENANOE AND OPERATION, .AND
TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND IN-
TEREST ON BONDED iNDEBTEDNESS, AND TO ALLOCATE
AND APPROPRIATE SAID COLLECTIONS THEREUNDER.
BE IT RESOL. VED by the Council of the City of Delray ~each, Florida:
T~hat the fo!lowing s~ms of money.be, and h. ereby are apl~mO~riated upon
~he termsl ~onditions and provisions herein before and hereinafter set
forth:
ARTICLE. -~,
--..., :,. :~.-~,~ i~ .. /..~,, .... Other Capital
,alar, es'. Ex ense Outla . Total
Estimated EMDenditure~
Div. of General..G0ver2ment $23.5,665. $ 8~,540. $ '1.,125. $323,330.
Div. of Public-Safety 772,~80. ~00,080.. 2~;'480, 894,840.
Div. of Public .Works 425,.895. .308,785. .33~280, 767,960.
~ployees Chris~gs Bonus. - -~- - 15,225~. - .... 15,225.
Libraries . , - , ,. 74,905,. .... 74,905.
Div. of PaEks.'&' Recr~tion . 355,695. 108,585. 26,5.95.~ 490,875.
Non-Depar~en.tal D~vision - ~ -.- : 390,665, -.- - - 390,665..
Debt Service - - - - 227.,250. ' ''~.7 - 227,250
-TOT~ ~ST~TED '-'
EXPENDIT~S $1
Es timated Reven~e~
General ~operty Taxes $1,690,900.
Fr~chise ,Taxes. 130,600.
Licenses, Pe~its and'~ees 177,400.
Fines. 9nd F6rfeitures ~'~"" ~" ~ .67,525.
Revenue' from Use of ~ney and prOperty 16,000.
RevenUe from Other Agencies 22,260
Charg:es for Current Se~ices 423,125.
Sales and/or Recovery. for Loss to City ~ed Property 22,425.
Contributions and Transf~:rs· F~6~ :Other Funds 540,905.
UnapproPriated Surplus ._ . 93,910.
WATER ~D S~R. F~D. .. ....~
OEP~T~ QF ~u~L~ ~ILITIES ....
Other 'Cap~hal
Est~ated~ ExDenditures~ Sa!a~$gs ' Expenses Outlmy Tota1
A~inistra~iOn. $ 36,870'. $ 14,340'. $ 2~900~ ..$ 75,110.
Wa~er Source .... 15,900. : 45,~25. 61,225.
water. Tr3e.atment 31,110, 3,'400~- -''- - - 34,510.
Water Dis~ibution 122,385, 61, i05. ~9,400. 272,890.
t54-F
~.Page 2. Ordinance No, 56-70~
Estimg. t~~ Exp~n~{t. ures ~ (continued)
· Other Capital
.Sa...lar ie.s. .ExDenses- Outlay To~al
Accounting & collection $ .... $ 44,540. $"- - - $ 44,540.
Sewer Syste~ 72,790. 30,775. 18,400. 121,965.
Non-Departmental Division - - - - 527,865.. - - - - 527,865.
TOTAL ESTIMATED
EXPENDITURES" ·$263 , ~55 . $1,062; 150. . $177 , 025, $1,502 , 330.
Estimate~[ .Revenue:
Revenue .From Use. of Money and property $ 52,000.
Charges .For' Current ServiceS 892,500.
Sale and/or Recovery For L~s~ 'to City Owned Property` 500.
Unappropriated Surplus .55.7,33 0._
CIGARETTE T~X_p.U~..D
Other Capital
Estimated Expenditures: Salaries Expepses Outla~ Total
Div. of Pubiic Works $ .... $ 48,695. $ .... $ 48,695~
Transfers .... 188,840. - 188,840.
Debt Service ..... 72.,090.. . ~ - - -..- . 7'2,090.
TOTAL ESTIMATED
EXPENDITURES .... $309,625. - - - - $309,~25.
.CIGARETTE T.AX
Estimated Revenue:
Revenue From Use of Money and Property -$ 4,015.
Revenue From Other Agencies 309,000.
Unappropriated Surplus (3,390.)
TOTAL ESTIMATED REVENUE $309,625.
ARTICLE
UTILITIES TAX FUND
Other Capital
Estimated ExDenditures: Salaries Expenses 0utla~ Total
Transfer $ .... $256,525. $ .... $256,525.
Debt Service .... ~. 52~750. - - - - 52,750.
TOTAL ESTIMATED
EXPENDITURES $309,275. - - - - $309,275.
UTILITIES TAX FUND
Estimated Revenu..e -..
UtilLties' Consumption and Service Taxes $271,860.
Revenue From Use of Money and Property 630.
Unappropriated Surplus ,36,78..5 ..
TOTAL ESTIMATED REVENUE $~9,2~-~.
Page 3. Resolution No. 56-70.
CONDITIONS RELATING TO APPROPRIATIONS=
Section 5~1 - Ail monies hereinbefore appropriated are appropriated
upon the terms, conditions, and provisions hereinbefore and herein-
after set forth.
.Section 3.2 - Subject to the qualifications contained in this resolu~
tion 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 necessary and then only in the event the aggregate revenues
collected and other resources available during the period commencing
zhe 1st day of October, 1970, and terminating the 30th day of Septem-
ber, 1971, for which the appropriations 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 reve-
nues estimated by the City Council to be available in the period com-
mencing the 1st day of October, 1970 and terminating the 30th day of
September, 1971.
Section 5.3 - All ~alances Of the appropriations payable out of the
General Fund of the City Treasury unencumbered at the' close of busi-
ness on the 30th day of September, 1970, except as otherwise provided
for, are hereby declared to be lapsed into the City Treasury and may
be usedfor the payment of the appropriations which may be made in any
appropriation for the fiscaI year commencing the 1st day of October,
1970. 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, 1970.
Section 5.4 -No .division, department, bureau, agency, or individual
receiving apprOpriations under the provision of this resolution, as
outlined in Articles I through IV, shall exceed the amount of its or
his appropriation, as outlined in Articles I through IV .except with
the consent and approval of the City Council first obtained; and if
such division, department, bureau, agency, or individual shall exceed
the amount, of its or his appropriation without such consent and ap-
proval .of the City Council, the administrative officer .or 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 - N0~thing in this resolution shall be construed as author-
izing 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 con-
nection with the General Fund, Water .and Sewer Fund, .~igarette Tax
Fund or any other Fund of the City shall be expended for .any purpose
than 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.
1~54-H
Page 4. Resolution No. 56-70.
Sect. ion. 5.7 - All monies collected by any department, bureau, agency
or individual of the City Government shall be paid promptly into the
City Treasury.
Section 5.8 - The foregoing budget be and hereby ~s adopted as the
~fficial budget of the City of Delray Beach for the aforesaid _'period ~
:Provided, however, that the restrictions with respect to the expendi-
tures of the funds appropriated shall apply only to the lump sum
amounts for classes of expenditures which have been included in this
resolution.
TA~.. LEVy
.Se. ctio.'n 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, 1970 and terminating Septem-
ber 30, 1971, .the assessed valuation on all taxable property for oper-
ating purposes within the. City of Delray Beach being $150,546,911. for
operating and/or maintenance expenses 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.
Sec. tio. n..6:2 - That the amount of money necessary to be raised for in-
terest charges and bond redemption which constitutes a general obliga-
tion bonded indebtedness of the City of Delray Beach, is $227,250. and
that there is hereby appropr-iated for the payment thereof, all revenues
derived from the tax levy of 1.6 mills per one ($1.00) dollar of as-
sessed valuation, which is hereby levied for that purpose for the fis-
cal year commencing October 1, 1970 and terminating September 30, 1971,
upon the taxable property of the city of Delray Beach, the assessed
valuation being $150,546,911. and there is hereby appropriated, if
necessary, from the surplus sinking fund cash, sufficient monies, which,
together with proceeds of said tax levy for debt, will meet the debt
requirements for" the aforesaid fiscal year.
PASSED AND ADOPTED by the City Council of the Ci'ty of Delray
Beach, Florida this 14th day of September, A. D., 1970.
/S/_J.. L... Saunders
MAYOR
ATTEST:
/S/.Hal%ip.~-..~ate~ ,,
City Clerk
154-I
RESOLUTION NO. 57-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING A PORTION OF
AREA NO. 34 SANITARY SEWER PROJECT KNOWN AS
TROPIC PALMS, 1st PHASE SEWAGE COLLECTION SYS-
TEM, AS COMPLETED BY THE FIRST FEDERAL SAVINGS
AND LOAN ASSOCIATION OF MIAMI AS OPERATIONAL
AND CONFIRMING THE EFFECTIVE DATE FOR THE ~INI-
TIAL SCHEDULE OF RATES, FEES AND OTHER cHAR~ES
TO BE IMPOSED FOR THE SERVICES AND FACILITIES
FURNISHED BY SAID PORTION OF AREA NO. 34 OF
'THE SEWER SYSTEM.
WHERE~S, the City Engineer has certified as operationa~ the fol~
lowing described portion of Area No. 34 Sanitary Sewer Project known
as Tropic Palms, 1st Phase Sewage Collection System, as completed by
the First Federal Savings and Loan Association qf Miamiz
Curlew Road from Lindell Boulevard to East end of
CUrlew Road;
Jaeger Drive from ~urlew Road to Albatross Road;
Kingbird Circle from Curlew Road to Albatross Road; and
Linnet Circle from Curlew Road to Albatross Road
WHEREAS, it was .deemed by Council, at its regular meeting on
February 24, 1970, to be in the best ~nterest of the affected proper-.
ties that %he ipitial schedule of rates, fees and other charges to be
imposed for the services and facilities furnished by the sewer system,
as set forth and contained in Resolution No. 1359, Ordinance No. G-553,
Ordinance No. 30-68 and Ordinance No. 28-69, to become effective on
the first day of April, 1970.
NOW, THEREFORE, BE IT RESOL%g~D BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH~ FLORIDA, AS FOLLOWS:
1. That the portion of Area No. ~4 Sanitary Sewer Project known
as Tropic ~alms, 1st Phase Sewage Collection System, as completed by
the First Federal Savings and Loan Association of Miami is hereby ac-
cepted by the City as being o~erational, and the initial schedule of
rates, fees and other charges previously established, and applicable
thereto, being effective as stated above.
2. That nothing herein contained shall be construed as discharg-
ing the contractor from the strict performance of his remaining con-
tractual duties. That the contractor, and his bonding companies, re-
main responsible in all respects until released in accordance with
his contractual agreement.
PASSED AND ADOPTED this 14th day of September, 1970.
/S/ J. L~ Saunde, rs
MAYOR
ATTEST:
/S/ .Ha, lli9 E, ¥,ates City Cl0~k
154-J
RESOLUTION NO. 58-70.
A RESOLUTION'OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING A PORTION OF
AREA NO. 5 OF SANITARY SEWER 'PROJECT - LATERAL
5-A-X AS OPERATIONAL AND SETTING THE EFFECTIVE
DATE FOR THE INITIAL SCHEDULE OF RATES, FEES
AND OTHER CHARGES TO BE IMPOSED FOR THE SERVICES
AND FACILITIES FURNISHED BY SAID PORTION OF AREA
NO. 5 OF THE SEWER SYSTEM.
WHEREAS, the City Engineer has certified as operational the fol-
lowing' described portion of Area No. 5'of Sanitary Sewer Project -
Lateral 5-A-X:
N. E. 8th Street from the intersection with
Palm Trail to N. E. 9th Avenue; and
N. E. 9th Avenue from N. E. 8th Street to
approximately .75 feet North of Witherspoon Lane.
WHEREAS., it is deemed to be in the best interest of the affected
properties that the initial schedule of rates, fees and other charges
to be imposed for the services and facilities furnished by the sewer
system, as set forth and contained in Resolution No. 1359, Ordinance
No. G-553, Ordinance No. 30-68 and Ordinance No. 28-69 are to become
effective the first day of October, 1970.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That a portion of Area No. 5 of Sanitary Sewer Project -
Lateral 5-A-X, which portion is specifically indentified hereinabove,
is hereby accepted by the City as'being operational, and the initial
schedule of rates, fees and other charges previously established, and
applicable thereto, shall become effective October 1, 1970.
2. That nothing herein contained shall be construed as discharg-
ing the contractor from the strict performance of his remaining con-
tractual duties. That the contractor, and his bonding companies, re-
main responsible in all respects until released in accordance with
his agreements with the City.
PASSED AND ADOPTED this 14th day of September¥ 1970.
/S/ .J.L.: Saund~ers
MAYOR
ATTEST:
/S/ Hallie E. Yates
City Clerk
· 154-K
ORDINANCE NO. 31-70.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
16, SECTION 172, CODE OF ORDINANCES OF THIS CITY,
PERTAINING TO LICENSE FEES FOR MERCHANTS, DRUGGISTS
AND STOREKEEPERS.
WHEREAS, it is deemed in the best interests of the City of Delray
Beach to revise the license, fee for Merchants, Druggists and Store-
'keepers; and
WHEREAS, the new fiscal year commences October 1, 1970 and it is
necessary to pass this ordinance on an emergency basis to provide a
proper estimate for budget appropriations; and
WHEREAS, since the billing for licenses have to be mailed before
October 1, 1970, the day on which .the license fee is payable, it is
necessary to pass this ordinance on an emergency basis so that the
billings may be mailed in time;
N~, THEREFORE, BE IT ORDAINED 'BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 16, Section 172, Code of Ordinances of this
City, be, and the same is hereby amended to read as follows:
"Section 172. MERCHANTS, DRUGGISTS & STOREKEEPERS
Retail and/or wholesale, shall pay a license tax as follows:
For the first one thousand dollars, or a fraction of
one thousand dollars of stock of merchandise $25.00
For each additional thousand aollars or fraction thereof $ 2.00
Provided, that the words~ 'stock of merchandise' shall
be held to mean the cash value of merchandise or goods
on hand 'last January first, or for the applicants fiscal
year, whichever being the higher, and not the amount of
capital stock invested in the business.
In the event that a license is issued for a business not
operating on the preceding January first, then a license
shall be issued for twenty-five dollars on a merchandise
valuation of one thousand .dollars.
Inventory shall be taken sixty days after the issuance
of the license and the license tax shall be computed on
such inventory and whatever additional tax, if any, is
due, shall be paid at such time and a receipt shall be
issued showing the payment of such amount.
(Stock of merchandise or inventory to be checked with
Personal Property Tax Return for accuracy. )"
Section 2. This ordinance shall take effect immediately upon
pass age.
PASSED AND ADOPTED in regular session on this first and final
reading on this 14th day of September, 1970.
/S/ J. L... Saun.,ders
MAYOR
ATTEST:
/S/ Hallie.~...Y~te~
city Clerk