09-28-70 SEPTEMBER 28, 1970.
A regular meeting of the City Council of the City of Delray Beach
was held in the Council Chambers at 7:00 P.M., with City Manager J.
Eldon Mariott, City Attorney G. Robert Fellows, and Council members
Grace S....Martin, John L. Pitts, III and O. F. Youngblood being present.
The Mayor and Vice-Mayor both were absent.
Mr. Pitts said that due to the absence of the Mayor and Vice-Mayor
and Mrs. Martin having received the highest number of votes in the last
eleCt~n, he.would move that she be appointed Chairman for this meet-
ing. The motion was seconded by Mr. Youngblood and .unanimously car-
ried.
1. An opening prayer was delivered by Dr. Frederic F. Bush, Jr.
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 September 14, 1970,
were unanimously approved, on m~tion by Mr. Youngblood and seconded
by Mr. Pitts. .~
5. Mr. Pitts moved that agenda items 8.h. and 9.b. concerning annex-
ation of 64 acres and rezoning of.. ten acres in Section 18-46-43, be
tabled until the next regular meeting when all the Council members
would be present. The motion was seconded by Mr. Youngblood and unan-
imously carried.
5. Mr. Pitts asked, that a workshop meeting be scheduled for discus-
sion concerning license, fees for .out-or,town businesses, also con-
cerning the County me2hod of collecting City taxes.
5. Concerning an inquir]~ by. Mrs. John. Gill at the last regular Coun-
cil meeting regarding a meeting place for the Eden Club, Mr. Youngblood
reported that he had been informed by Dr. Simon Barnes, a member of
the Saint VinCent Ferret Catholic Church, that since the Church is
having a new auditorium built, they plan to convert the old auditorium
into a recreational department for the youth of the Church and when
said building is completed and the proper person is contacted, the
Church may be willing to help work something out.
5. Mrs. Martin reported that she had received several complaints re-
garding some youths being on the Beach .and around the Pavilion all
night or until the early hours of the.' morning. She requested that the
City Manager investigate this matter.
6.a. City Manager .Mariott reported that at its regular meeting of
MaY 25, 1970, Council approved the Preliminary Plat for development
.of Delray BeaCh Heights. 1st Addftion2 'Further,..the developer, Mr.
Harry Bart, has~ now complied with 'requirements set forth in Section
23A-3 of the City's Code of Ordinances by providing water lines and
sanitary sewer facilities, which have been certified by the developer's
engineer and inspected and found to be. satisfactory by' the City
Engineer. In addition, the developer has provided a performance-pay-
ment contractor's bond 'in the amount of $13,000 to cover the construc-
tion of the remaining facilities called for in the Preliminary Plat,
which amount has been determined,bY the ,City Engineer to be adequate,
therefore, it .is recommended that the Final Plat of Delray Beach
Heights 1st Addition be approved.
The Final Plat of Delray Begath Heights 1st Addition was unanimous-
ly approved, on motion by M~.. ¥oungbl°od and seconded by Mr. Pitts.
6.b. Concerning the appointment of a 'Judge Ad Litem to replace
Attorney I. C. Smith, who was recently appointed City prosecutor, Mr.
Pitts moved that James W. 'Nowlin, Jr,, be appointed to fill that va-
cancy, the motion being seconded by Mr. Youngblood and unanimously
carried.
6.c. The City Manager reported that a Quit~Claim Deed has been exe-
cuted by Mr. and Mrs. joseph G. Rose, Jr., covering the following de-
scribed property:
The Northerly 203.65 feet of the East one-half of the South-
west one-quarter, LESS the North 135 feet and the Southerly
18.65 feet of Lot 3 in the Subdivision of Section 8, Town-
ship 46 South, Range 43 East, according to' the Plat thereof
on file in the office of the Clerk of the Circuit Court in
and for Palm Beach County, FlOrida, in Plat Book 1, Page 4.
He said this property had been deeded to the City for right-of-
way for the future extension of N. W. 7th Street and its acceptance
is recommended.
After discussion, Mr.' Pitts moved to accept said Quit-Claim Deed
the motion being seconded by Mr. ¥oungblood and unanimously carried.
6.d. City Manager Mariott reported that the three-year terms of the
following members of the Contractors' Board of Examiners expire on
October 9, 1970, and that the remaining members of the Board recommend
that they be reappointed to said Board for three-year terms expiring
on October 9, 1973:
Charles E. Toth Regular
John W. Spinner Regular
Richard T. Hanna Alternate
Further, the Board also recommends that Atty. H.arry T. Newett be
appointed for a three-year term as an Alternate Member on said Board.
to replace the late Charles Byron.
Mr. ¥oungblood moved to sustain the recommendation of the Board.
in making said appointments, the motion being seconded by Mr. Pitts
and unanimously carried.
6.e. The City Manager reported that due to the seeming inconsistency
in present City ordinances which permit rather large boats to be stored
on residential property but prohibit the storage or parking of camp
and other trailers except under restrictive conditions, it is recom-
mende'd that the Council request the Planning and Zoning Board to give
consideration to this matter and if, in the Board's'judgment, an ordi-
nance modification or a new ordinance is needed to' submit its recom-
mendation thereo~ to the CoUncil.
Mr. Pitts moved that said-request be referred to the Planning and
Zoning Board for their study and recommendation, the motion being
seconded by Mr. Youngblood and unanimously carried. --
6.f. The City Manager said-that in accordance With Section 76 of the
City Charter, it is'recommended that Council approve the security for
City funds, mainly the recent bond issue funds which are to be re-
ceived by the City on September 29, tO be deposited'.in the two local
banks; further, the list of securit£es which each of the two banks
propose to pledge as collateral securing City funds,' have been checked
and found to be acceptable securities as approved by the FlOrida State
comptroller' s office.
Mr. Youngblood moved to 'approve the security for City deposits in
~he local banks, the motion being seconded by Mr. Pitts and unanimously
carried.
6.g. City Manager Mariott informed Council that to provide funds for
unanticipated expenditures during the year and to balance all expend-
iture accounts, approval of the following transfers is requested:
-2- 9-28-70
From=
910 210 105 Police, Salaries $ 9,000
910 241 101 Planning & Zoning Director~Salary
.. $13,000
TO:
910 334 205 Trash Collection, Salaries $13~000
From:
910 770 212' Parks Department, .Salaries $ .'4,500
To:
910 334 421 Trash Coll'n, Equp. Repair ~ 4~500
From. -
910 731 421 .East Side Pool, Equip. Repair $ 1,200
910 731 432 East Side Pool, Water Service 1,700
910 765 208 C. Strong. Center, Salaries 1,600
910 775 205_Nursery, Salaries .__1,600
$ 6,100
To:
910 852 .45t Insurance, Auto. & Equip. $ 1,800
910852 452 Insurance, Gen. Liability 1,930
910 852 454 Insurance, work~en,s Comp. .... 2f37~
$ 6,100
From~
910 858 8.00 contingenCy.Account ~53,55Q
910 333 205 Garbage Collection' Salaries $28,30'0
910 334 441 Trash COll'n, Equip. Rental 20,350
910 33~ 490 Waste Disposal, Dumping Fees 2,500
910 876 456 Insurance, Group Hosp. & Life 2f400
$53,550
The transfer of said funds was unanimously, approved, on motion by
Mr. Pitts and seconded by Mr. ¥oungblood.
7.a. City Man~ger Mariott informed Council of a request received from
Mrs. Derrice H. Baker, a real estate saleswoman, for a gratis occupa-
tional license on the grounds that she will be .65 years of age on
October 21, 1970 and in view of having furnished satisfactory evidence
of her age and otherwise complying with requirements for such exemption
as set forth in Section 16-4 ~f the Code of Ordinances, it is recom-
mended that the request be granted, subject to the license not being
issued prior to her becoming 65 years of age.
Said requ. est for a gratis license was unanimously granted, as
recommended, on motion by Mr. Youngblood and seconded by Mr. Pitts.
7.b. Council .was informed that a request has been received from Coach.
Bob Burns, on behalf of the Delray Beach Junior High School Athletic
Department, for use of the Community CeRter's gymnasium'for the pur-
pose of holding a dance on Friday, October 16, 1970, and once a month
thereafter if it is successful, between the hours of 7:00 and 11:00
P.M.;. further, an admission fee of $.7.5 would be charged with all pro-
ceeds to be used to Pay for athletic uniforms. The City. Manager said
that inasmuch as the usage of the gymnasium will not conflict with
the Center's programming, it is recommended the request be.granted.
Mr. Pitts moved that said request be granted, the motion being
seconded byMr. ¥oungblood and unanimously carried.
7.c. Council unanimously acknowledged receipt of the Beautification
Committee meeting minutes of September 9, 1970, on motion by Mr.
Youngblood and seconded by Mr. Pitts.
There was discussion on several items contained in said minutes
including dogs being allowed on the beach~ youths being on the beach
during late hours; unsightly condit~oo of the Army-Navy Store parking
lot and several alleyways; and beautification of the traffic circle
8.a~ The City Manager presented RESOLUTION NO. 59-70.
A REsOLuTioN OF THE ~ITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOMMENDING THAT
THE FLORIDA AIR & WATER POLLUTION CONTROL
COMMISSION FOR SOUTHEAST FLORIDA TAKE ACTION
TO PREVENT ~URTHER DEGRADATION OF THE AIR.
(Copy of Resolution No. 59-70 is attached to the official copy
al...these minutes.) See page 162-A.
Resolution No. 59-70 was unanimously passed and adopted on first
and final reading, on motion by Mr. Youngblood and seconded by Mr.
Pitts.
8.b. City Manager Mariott presented RESOLUTION NO. 60-70.
A REsoLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ACCEPTIN(} ALL SAN-
ITARY SEWERS INSTALLED IN THE SUBDIVISION OF
TROPIC TOWERS AS OPERATIONAL AND SETTING TH~
INITIAL SCHEDULE OF RATES, FEES AND OTHER
CHARGES TO BE IMPOSED FOR THE SERVICES AND
FACILITIES FURNISHED BY SAID SANITARY SEWERS.
(Copy of Resolution No. 60-70 is attached to the official copy
of these minutes.) See page 162-C.
Resolution No. 60-70 was unanimously passed and adopted on first
and final reading, on motion by Mr. Pitts and seconded by Mr.
Youngblood.
8.c. The City Manager presented RESOLUTION NO~ 61-70.
A RESOLUTIOE OF ~4E CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ACCEPTING ALL SAN-
ITARY SEwERs INSTALLED IN THE SUBDIVISION OF
DELRAY BEACH HEIGHTS 1ST ADDITION AS OPERA-
TIONAL AND SETTING THE INITIAL SCHEDULE OF
RATES, FEES AND OTHER CHARGES TO BE IMPOSED
FOR THE SERVICES AND FACILITIES FURNISHED BY
SAID SANITARY SEWERS.
(Copy of Resolution No. 61-70 is attached to the official copy
of these minutes.) See page 162-D.
Resolution No. 61-70 was unanimously passed and adopted on first
and final reading, on motion by Mr. Youngblood and seconded by Mr.
~itts.
8od. City Manager Mariott presented RESOLUTION NO. 62-70.
A RESOLUTION OF THE ·CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, DECLARING OCTOBER
5, 1970 AS FOUNDER'S DAY FOR THE CITY OF
DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 62-70 is attached to the official copy
of these minutes.) See page 162-B.
Resolution No. 62-70 was unanimously passed and adopted on first
and final reading, on motion by Mr. Youngblood and' seconded by Mr.
Pitts.
8.e. The City Manager presented ORDINANCE NO. 30-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF D~LI~%Y BEACH, LOTS 1 THROUGH 20, BLOCK'
LOTS 12 THROUGH 33, BLOCK 22~ LOTS 1 THROUGH.
10, AND LOTS 57 THROUGH 66, BLOCK 35; AND LOTS
-4- 9-28-70
12 THROUGH 33, BLOCK 36, DEL-RATON PARK SUBDI-
VISION LESS THAT PART FORMERLY DEEDED FOR ~HE
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 BOUNDARIES OF SAID..CITY TO INCLUDE SAID
LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LANDS; AND PROVIDING FOR THE ZONING
THEREOF.
(COpy of Ordinance No. 30-70 is attached to the off~icial copy of
these minutes.} See page. 162-E-F.
A Public Hearing having been legally advertised in compliance
with the laws of the State of Florida and the Charter of t~he City
of Delray Beach was held, and there being no objection to Ordinance
No. 30-70, said Ordinance was unanimously passed and adopted on this
second and final reading, on motion by Mr. Pitts and seconded by
Mr. Youngblood.
8.f. City Manager Mariott presented ORDINANCE NO. 32-'70.
AN ORDINANCE E~TABLISHING MINIMUM STANDARDS GOVERN-
ING THE USE, OCCUPANCY AND MAINTENANCE OF ~Y~ELLINGS,
DWELLING UNITS AND ACCESSORY STRUCTURES; ESTABLISHING
MINIMUM STANDARDS GOVERNING SUPPLIED UTILITIES AND
FACILITIES, AND .OTHER PHYSICAL THINGS AND CONDITIONS
ESSENTIAL TO MAKE DWELLIN~-'SAFE, SANITARY., AND FIT
FOR 'HUMAN ~ABITATION; 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 THEREOF;
AUTHORIZING THE INSPECTION OF DWELLINGS AND ACCESSORY
STRUCTURES AND PROVIDING FOR THE CONDEMNATION OF ALL
BUILDINGS AND STRUCTURES DEEMED UNFIT FOR HUMAN HABI-
TATION AND USE; FIXING PENALTIES FOR VIOLATION; AND
REPEALING ORDINANCES IN CONFLICT THEREWITH.
(Copy of Ordinance No. 32-70 is attached to the official copy of
these minutes.) See page 162-G-H.
A Public Hearing having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach was held, and tI~ere being no objection to Ordinance No.
32-70, said Ordinance wae unanimously passed and adopted on this
second and final reading, on motion by Mr. Youngblood and seconded by
Mr. Pitts.
8.g. The City Man~ger presented ORDINANCE NO. 33u70.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 2-18, CHAPTER 2, CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, PERTAINING TO
QUALIFICATIONS OF THE CITY PROSECUTOR AND REPEALING
SECTIONS 2-19, 2-20, 2-22 and 2-23 WHICH ARE NOW
INCORPORATED IN THE CHARTER.
Ordinance No. 33-70 was unanimously placed on first reading, on
mo~ion by Mr. Pitts and seconded by Mr. Youngblood.
8.h. This item, Ordinance No. 34-70 providing for annexation of ap-
proximately 64 a.cres of land in the West half of Section 18-46-43, was
tabled under Agenda Item 5 until the next regular meeting when all
the Council members would be present.~
-5- 9-28-70
9.a. The City Manager reported that at it.s're~Ular meeting of Septem-
ber 14, the Council referred to the Planning and Zoning Board for study
a~d recommendation a request from the Second National Bank of Delray
Beach for annexation, with a C-2 zoning classification, of their prop-
erty located at the Southwest corner of the intersection of South
Federal Highway with S. E. 12th Street, being in the Northwest Quarter
of Section 28-46-43, on which property the bank plans .to erect its
permanent banking facilities. Further, the Board, at its regular meet-
ing of September 15, voted unanimously to recommend Council approval
of the request, and if Council wishes to sustain the recommendation of
the Planning and Zoning Board, Ordinance No. 35-70 has been prepared
to provide said annexation, which Ordinance also provides for the
annexation of a portion of S. E. 12th Street.
The City ~anager presented ORDINANCE NO. 35-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LANDS LYING IN
THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP
46 SOUTH, RANGE 43 EAST, ALSO THE SOUTH HALF
OF S. E. 12th STREET LYING EAST OF THE EAST
RIGHT~OF-WAY LINE OF DIXIE HIGHWAY, AND WEST
OF THE WEST RIGHT-OF-WAY LiNE OF STATE ROAD
NO. 5 (U. S. HIGHWAY NO. 1), WHICH LANDS ARE
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE, BOUNDARIES OF SAID
CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE
· RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PRO-
VIDING FOR THE ZONING THEREOF.
Ordinance No. 35-70 was unanimously placed on first reading, on
motion by Mr. Pitts and seconded by Mr. Youngblood.
9.b. This item, regarding rezoning of the NW¼ of the NE% of the
of Section 18-46,43from R-1AA to RM-1 classification was tabled, under
Agenda Item 5, until the next regular meeting when all of the Council
members would be present.
%0.a. Mr. Arthur Sprott, a real estate and insurance salesman for
Gracey Brothers, objected to parts of Ordinance No~ 16v70 concerning
Occupational Licenses. He said that he and others in the same type of
business are being charged a license fee to sell real estate and in-
surance and their employer also has to purchase a license for the
same business. He pointed out that car salesmen, sales clerks, etc.,
do not have to purchase an occupational license, and in view of that,
thinks it is unfair for the real estate and insurance sales people to
have to pay a license fee.
During comments, Mrs. Martin said that this item has been in the
License Ordinance for a number of years and recently when the Ordinan~
was revised, a Public Hearing had been held and no objections receive~
further, that Council could discuss this complaint at a workshop meet-
ing.
Mr. Andrew Gent, a real.'e~tate salesman for william F. Koch, Jr.j
Inc., concurred with Mr. Sprott's remarks on said Ordinance.
The City Manager said that most cities do levy a license fee
against real estate agents and insurance agents because they are
· regulated to a certain extent by the State.
10.a. Mr. Clifford Durden, advisor for a .group of young people, the
Migrant Teen Club, a non-profit organization that has been operating
about ~a Year, informed Council 'that this group of young people help
needy families in this' area.~ He said that.a building located on the
corner of W. Atlantic Avenue and N. W. 14th Avenue had been donated,
rent free, to said group for a Period of three month~, after which
time, they would have to pay $100. a month for-r, ent~ Mr. Durden asked
that Council donate $50. to said group to be ~'u~sed for obtaining furni-
ture, lights, water an~ having, a teiephone installed, and said
that a. small parking lot at the rear of the building needed to
be paved.
The City Attorney was asked to determine the legality of making
such a donation..
Mr. Arthur Sprott ~offered to donate the $50.00 to said group in
behalf of his late son who was interested in young people.
Victor Gent commented on the activities of said group of young
people and there need for assistance, in providing a meeting place
where they could be better organized in their efforts to benefit the
Commun i ty.
10.b. The City Manager reported that the State recently removed its
prohibition against the selling of alcoholic beverages during the time
when voting polls are open and that the City Attorney has prepared
an Ordinance to modify the City Code to coincide with the State lawo
He presented ORDINANCE NO~ 37-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4
OF THE CODE OF ORDINANCES .OF THE CITY OF DELRA¥
BEACH BY REPEALING SECTION 4-4 .(b) PERTAINING
TO THE SALE OF ALCOHOLIC BEVERAGES. ON ELECTION
DAY.
Mr. Pitts moved to table Ordinance No. 37-70 until the next
regular meeting, the motion being seconded by Mr. ¥oungblood and ur~an-
imous~y carried. '
10.b. "Following a suggestion by the City Manager¥ it was agreed that
the Dedication Ceremonies for the new Police Complex and Worthing
Park would be held on Founder's Day, OCtober 5, 1970, with the cere-
mony at the PoliceComplex to start at 12:15 P.M. followed by the
ceremony at Worthing Park.
X. Mrs. Martin thanked Mr. Pitts and Mr. Youngblood for appointing her
the Presiding Officer for the evening.
Also she introduced the representative from W.D.B.F. Radio Sta-.' ...
tion, Mr. Kirk McCall.
10.c. The following Bills for Approval were presented~
General Fund $278,923.32
Water Operating' & Maintenance Fund $ 8,195.52
Water Revenue Fund $ 63,497.08
Special Assessment Fund $ 172.50
Refundable Deposits Fund $ 2,478.93
Beautification Fund $ 150.00
Interest & Sinking Fund, Water & Sewer Revenue .~
Bonds, Series 1957, 1961 $ 10,000.00
Utilities Tax Certificates Principal & Interest
Redemption Fund Water & Sewer Fund $ 23,000.00
Disaster Fund $ 60,000.00
Utilities Tax Certificates Principal & Interest
Redemption Fund Utilities Tax Fund $ 5,97.5.00
Sewer Revenue Fund $ 22,500.00
Sinking Fund Reserve, Cigarette .Tax Bonds, Series 1965 $ 16,000.00
Cigarette Tax Fund $ 25,000.00
Following comments by Mr. Pitts.~ the bills were unanimously ap-
proved for payment, on 'motion by Mr. Youngblood and seconded by Mr.
Pitts: The meeting adjourned at 8:05 P.M.
APPROVE~//C~' / ~. . HALL!E E.
YATES
City Clerk
162-A
RESOLUTION NO. 59-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, R~COMM~ND~N~ THAT THE
FLORIDA AIR & WATER POLLUTION CONTROL COMMISSION
FOR SOUTHTAST FLORIDA TAKE ACTION TO PREVENT
FURTHER DEGRADATION OF THE AIR.
WHEREAS, much of the nation is subject to air pollution
in varying degrees, with more frequent and severe episodes oc-
curring; and
WHEREAS, air pollution affects adversely plan~ life,
live stock~ manufactured materials, and buildings; and
WHEREAS., air pollution causes, contributes to, and wors-
ens respiratory diseases in the Citizenry, and hastens death
in those thus afflicted; and
WHEREAS, Palm Beach County, Florida now enjoys reason-
ably clean air;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DBLRAY BEACH, FLORIDA, AS FOLLOWS:
That the Florida Air & Water Bollution Control Commission
recommend air quality control ~tandards for Southeast Florida
designed to protect, preserve, and enhance the air we present-
ly ~njoy without further degraaation thereof.
PASSED AND ADOPTED this 28th day of September, 1970,
/S~ Grace s. Martin
PRES IDING OFFICER
- ATTEST :'
/S/ Hall~e E. Yates
C~ty Clerk
162~B
RESOLUTION NO. 62-70.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH,.FLORIDA, DECLARING
OCTOBER 5, 1970 AS FOUNDER'S DAY FOR THE
¢tT~ OF.DELRAY BEACH, FLORIDA.
WHEREAS, on October 5, 1895, eight men arrived in
~he locality for the purposes of establishing homes in
the newly platted townsite known as Linton, and
WHEREAS, in 1927 the Town of Linton became the city
of Delray Beach, Florida, by Act of the State Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA:
That Ogtober 5, 1970 be declared as FOUNDER'S DAY
for the City of Delray Beach and that all citizens, mer-
chants,,farmers and others celebrate the Seventy-fifth
Anniversary of the founding of this City.
PASSED AND ADOPTED on. this the 28th day of September,
1970.
..~/. ~;ace S? Martin
PRESIDING OFFICER
ATTEST:
..ZS./ .Ha!lie E.. ~ates ..City Clerk
162-C
RESOLUTION NO. 60-70.
A RESOLUTION OF THE CITY CO~/~CIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY
SEWERS INSTALLED IN ~{E SUBDIVISION OF TROPIC
TOWERS AS OPERATIONAL AND SETTING THE INITIAL
SCHEDULE OF RATES, FEES AND OTHER CHARGES TO
BE IMPOSED FOR THE SERVICES AND FACILITIES
FURNISHED BY SAID SANITARY SEWERS.
WHEREAS, the City Engineer has certified as operational all San-
itary Sewers and related facilities as shown on the Preliminary Plat
of the Subaivls~on of Tropic Towers as presented by the developer,
John Bargas, and previously approved by the City of Delray Beach, and
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 November, 1970.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That all Sanitary Sewers and related facilities installed in
the Subdivision, of Tropic Towers ar~ hereby accepted by the City as
being operational ana the initial schedule .of rates, fees and other
charges previously established, and applicable thereto, shall become
effective November 1, 1970.
2. That nothing herein contained shall be construed as discharg-
ing the contractor from the strict .p~rformance 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 ~DOP~ED this 28th day of September, 1'970.
./S./ ..Grace . $ Mart{n ....
PRESIDINS OFFICER.
ATTEST:
/S/ Hallie E. Yates
C~ty Clerk
i6 2-D
RESOLUTION NO. 61-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY
SEWERS INSTALLED IN THE SUBDIVISION OF DELRAY
BEACH HEIGHTS~ 1ST ADDITION AS OPERATIONAL AND
SETTING' THE INITIAL SCHEDULE OF RATES, FEES AND
OTHER ~MARGES TO BE IMPOSED FOR THE SERVICES
AND FACILITIES FURNISHED BY SAID SANITARY SEWERS.
WHE'REAS, the City Engineer has certified as operational all Sa~
itary Sewers and related facilities as shown on the Pre!~nina~ Plat
of Delray Beach Heights~ tst Addition as presented by developer, Harri-
S. Bart, a~ previously approved by the City of Delray Beach, and
WHEREAS, it is deemed to be in the best Snterest of the affected
properties that the initial s~hedule of r~tes, fees and other charges
to be ~mposed for the services and facilities furnished by the Sewer
System, as set forth and contained in Resolution No. 1359, Ordinance
No, G-553, Ordinanc~ No. 30-68 and Ordinance No. 28-69 are to become
effective the first day of NoVember, 1970.
CITY
NOW, THEREFORE, BE' IT RESOLVED BY THE/COURCIL OF THE ~ITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That all Sanitary Sewers and related facilities installed in
the Subdivision of Delray Beach Heights, ist Addition are hereby ac-
Cepted by the C£~y as bein~ o~erational and the initial s.chedule of
rates, fees and other charges previously established, and applicable
thereto, shall become effective November 1, 1970.
2. That nothing herein con%ained ~hall be construed as discharg-
ing the contractor from the strict performance of his r~m~ining con-
tractual duties. That the contractor, and his bonding companies, re-
main responsible in all respects until released in accordance with
h~s contractual agreement.
PASSED AND ADOPTED .~his 28th day o~ September, 1970.
_ /S/ Gra..c,e S ;~Martin
PRESIDING OFFICER
ATTEST:
City Clerk
ORDINANCE NO. 30-70.
AN' ORDINANCE OF THE CITY COUNCIL OF T~E 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
12 THROUGH 33, BLOCK 36, DEL-~ATON 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 BOUNDARIES OF SAID CITY TO INCLUDE SAID
LANDS ~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LANDS ~ AND PROVIDING FOR THE ZONING
THEREOF.
WHEREAS, ALDEN, INC., a New York corporation, is the fee simple
owner of the progerties first described, and
WHEREAS, AIDEN, INC., by Petition through its Authorized Agent,
Mr. Robert M. Kinkead, has consented and given permission for the
annexation of said properties by the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been authorized
to annex lands in accordance with Section 185.1 and Section 6A (4) of
the City Charter of said City granted to it by the. State of Florida~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach,
Palm Beach County, Ftorida, hereby annexes to said City the following
described tracts of land located in Palm Beach County, Florida, which
lie contiguous to said City, to-wit:
Lots 1 through 20, Block 23~ Lots 12 through 33, Block
22~ Lots 1 through 10, a~d Lots 5~. through 66~ BlOck
35~ and Lots 12 through 33, Block 36, being in DEL-
RATON PARK Suhdiv£sion as appear in Plat Book' 14,
Pages 9 and 10, ~ublic Records of Palm Beach County,
F lot ida.
Avenue "E" running easterly from S~ate Road No. 5
(Del-Raton Boulevard) to Florida Boulevard~ Fredericks
Boulevard running north from. the north line of Avenue
"F" to the north lines of Lot 33, Block-22 and Lot 12,
Block 36~ and the 25-foot right-of-way of Florida
Boulevard running nor.th from the sOuth line of Lot 57,
Block 35, to the north line of Lot 33, Block 36, all
being in DEL-RATON PARK Subdivision, as appear in Plat
Book 14, Pages 9 and 10, Public Records of Palm Beach
County, Florida.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
scribed tracts of 1and, and said lands are hereby' declared to be with-
in the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the lands herein first above described are here-
by declared to be in ~oning District C-~ as defined by .existing ordi-
nances of the City of Delray Beach, Florida.
i62~-F
'~e 2. Ordinance No. 30-70.
SECTION 4. That the lands hereinabove desc~'~bed shall zmmed~ ~e~y
~come subject to all of the franchises privileges, immunities de ~s~
obligations, liabilities, ordinances .and laws to whiuh lands in the
City of Delray Beach.. are now or may be, and persons residing thereon
shall be deemed citizenS of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or part
~f this ~Ordinance shall be declared illegal by a court of competent
Jurisdiction, such record of illegality shall in no way affect the
remaining portion.
PASSED in regular session on the second and. final reading oa
28th day of September , 1970.
/S/ ,Grace S.~ Martin
PRESIDING OFFICER
ATteST: ·
/S/ H~llie E~.' Y~ates +
City ~erk
Fi=st Rea~img ~.~.?ptem~.~.,~.~1979
Second R~ading September 28, 1970
162-G
ORDINANCE NO. 32-70.
AN ORDINANCE ESTABLISHING MINIMUM STANDARDS GOVERN-
ING THE USE, OCCUPANCY AND MAINTENANCE OF DWELLINGS,
DWELLING UNITS 'AND ACCESSORY STRUCTURES; ESTABLISHING
MINIMUM "STANDARDS GOVERNING SUPPLIED UTILITIES AND
FACILITIES, AND .OTHER PHYSICAL THINGS AND 'CONDITIONS
ESSENTIALi'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 THEREOF;
AUTHORIZING THE INSPECTION OF DWELLINGS AND ACCESSORY
STRUCTURES AND PROVIDING FOR THE CONDEMNATION OF' ALL
BUILDINGS AND STRUCTURES DEEMED UNFIT FOR HUMAN HABI-
TATION AND USE; FIXING PENALTIES FOR VIOLATIONS; AND
REPEALING ORDINANCES IN CONFLICT THEREWITH.
WHEREAS, within the area of jurisdiction of the City of Delray
Beach, Florida there are or may be dwellings~ dwelling units and ac-
cessory structures which are unfit for human habitation and use due
to inadequate maintenance, obsolescence or abandonment; containing
defects which increase the .hazards of fire, accident, or other ca-
lamities, and which by reason of the lack of maintenance, inadequate
ventilation, light and sanitary facilities or other conditions render
such dwellings and accessory structures unsafe, unsanitary and danger-
ous or detrimental to the health, safety, morals' and general welfare
of the community; and
WHEREAS, experience and accepted national .housing surveys have
clearly demonstrated that such conditions result in a large measure
from improper maintenance, inadequate sanitary fa¢ilities~ over-
crowded conditions in residential occupancies, buildings and premises
and from general neighborhood neglect; and
WHEREAS, it has now become common knowledge that these conditions
can be relieved, in a measure prevented and often eliminated through
planned and properly enforced minimum housing standards, resulting
thereby in the upgrading of living conditions and an over-all en-
hancement of the general health, safety and welfare of all residents
and property owners of the. community; and
WHEREAS, the Southern Building Code Congress, a non-profit associ-
ation, has developed and made available a set of minimum housing
standards which have been recognized as being acceptable as a model
housing code; and
WHEREAS, Chapter 165, SectiOn 165.191 of the General Statutes of
the State of Florida provides that such model codes may be adopted by
re ference;
NOW., THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 1SA-1 of Chapter 1SA "Housing Standards ",
be, and the same is hereby amended to read as follows:
"The S~u. thern Standard Housing Code, being particularly
the 1969 edition thereof and the whole thereof, save and ex-
cept such portiOnS as may hereinafter be amended, of which
not less than three (3) copies have been' and are now filed
i62-H
Page 2. ORDINANCE NO. 32-70.
in the office of the city clerk of the CitY of Delray Beach,
Florida, and the same are hereby adopted and incorporated
as fully as if set forth at length herein, and from the date
on which this ordinance shall take~ffect, the Provisions
therein shall be controlling in the use, maintenance and oc-
cupancy of all dwellings, dwelling units and/Or structures
within the area of jurisdiction of the City of Detray Beach,
Florida."
SECTION 2. That Section 15A-2 of Chapter 15A "Housing Standards,,
be, and the same is hereby amended to read as follows:
"Any person, firm, corporation or agent, who shall
violate a provision of this Code, or fail to comply there-
with, or with any of the requirements thereof, or who shall
erect, construct, alter, demolish or move any structure, or
has erected, constructed, altered, repaired, moved or de-
molished a building or structure in violation of this Code
shall be guilty of a misdemeanor. ~"~Each such person shall
be deemed guilty of a Separate offense for each and every
day or portion thereof during which any violation of any
of the provisions of this Code is committed, or continued
and upon conviction of any such violation such person shall
be punished in accordance with Section 1-6, Code of Ordi-
nances of this City."
SECTION 3. That Section t5A-3 of Chapter 1SA "Housing 'Standards",
be, and the same is hereby amended to read as follows:
"The invalidity of any section or provision of this
ordinance or of the code hereby adopted shall not invali-
date other sections or provisions thereof."
SECTION 4o That Section 15A-4 of Chapter 15A "Housing Standards"~
be, and the same is hereby amended to read as follows:
"Ail Ordinances or parts of ordinances in force at
the time that this ordinance shall take effect and in-
consistent herewith are hereby repealed."
SECTION 5. Nothing in this ordinance Or in the code hereby adopt-
ed shall be construed to affect any suit or.proceeding now pending in
any court, or any rights acquired or liability incurred, nor any cause
or causes of action accrued or existing, under any act or ordinance
repealed hereby. Nor shall any right or remedy of any character be
lost, impaired or affected by this ordinance.
SECTION 6. That Sections 15A-5 through 15A-49 Code of Ordinances
of this City, be, and the same are hereby repealed and eliminated from
said Code of Ordinances.
SECTION 7. That Article .II, Chapter 9 consisting of Sections 9-7
through 9-17 Code of Ordinances of this City,i be, and the same are
hereby repealed and eliminated from said Code of OrdSnances.
PASSED AND ADOPTED in regular session on second and final reading
on the 28th 'day of September , 1970.
ATTEST:
PRESIDING OFFICER
/S/ Hallie E. Yates
city Clerk
First Reading _ _ September 14, . 1970 'Second Reading!s~ptemb~