04-28-69 67
APRIL 28, 1969.
A regular meeting of the City Council of Delray~Beach was held in
the Council Chars at 8=00' P.M., with Mayoz J. L. Saunders in the
Chair, City Manager David M. Gatuhel, City Attorney G. Robert Fellows,
and Councilmen John L. Pitts, III, James H. Scheifley and O. F.
Youngblood being present.
1. An opening prayer was delivered by the Rev. Charles C. Carrin.
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 April 14, 1969, were
unanimously approved, on motion by Mr. Youngblood and seconded by Mr.
Pitts.
5. Mr. Pitts referred to an article in the Municipal Record magazine
where the City Commission of M~lborne recently authorized construction
of an atomic-powered sewer treatment plant which will probably be the
first of its kind in the United States. He suggested that the City
Manager try to get a report on said plant'from Me]borne, to have in
the City files for future reference, and it was so requested of the
City Manager.
5. Mr. Pitts referred to the 'much pubiicized proposed limestone mining
of Lake Okeechobee, and said if Council feels the same as he does,
telegrams or letters Should be sent to the Corps of Engineers and to
Congressman Paul Rogers, protesting said mining. He re~orted that
there is to be a public hearing On that item on May'22nd.
The Council did not feel they had enough information to make a de-
cision on that item tonight, and Mr. Pitts offered his items of inform-
ation on same for Council to study.
5. Mr. Pitts said that an interested citizen had suggested that the
City Manager and Director of RecreatiOn be approached with the possi-
bility of having some tournaments in the City, such as an open golf
tournament for seniors and juniors, and other competitive sports and
tournaments, which should create some interest in the town, and in the
recreational faciiities.
It was suggested that Mr. Elliott, Recreation Director, prepare that
type of program for Council consideration.
5. Mr. Pitts suggested that in~ the designated surfing area at the beach,
two markers be Placed where the surfers would come in inside the mark-
ers and go'out outside of them, which may prevent some serious accident
in the future. He suggested that the City Manager talk withMr. Luke
Wilson in an effort to set up something of that nature.
5. Mr. Youngblood informed Council that he had been asked by some resi-
dents if they would have to pay the' full garbage collection fee for the
month in view of the fact that they carried their garbage for two weeks
during that time.
Mayor Saunders reported that he had received several inquiries con-
cerning that item.
During discussion, FinanCe Director~weber explained that in billing
for garbage services, and sewer services, if a customer receives.such
services for at least se%eh days in a month he is billed the full month-
ly charge. He said some estimates had been made today and the Admini~
stration is of the opinion 'that all commercial accounts and all the
large apartment houses have had good garbage collection service during
this period. He Said if adjustments are made on the garbage bills he
would like.to-.be given enough leeway that if someone is billed and they
do complain, that he can conduct an investigation and if he honestly
believes theyhave been treated unfairly, overall for the month, that
he be allowed to either give or deny a credit.
Following lengthy discussion, Mr. Youngblood moved that all the
commercial and large apartment accounts be Charged the usual amount
for garbage service,.givingMr. Weber the privilege of investigating
any complaints and either giving or denying a credit; further, that
the duplexes, small apartments and single family residences be charged
fifty per cent of their usual monthly chakge. The motion was seconded
by Mr. Pitts and carried'unanimously.
7.a. The City Clerk informed Council that the Plumosa Kindergarten and
Nursery of the Delray Beach Primitive Baptist Church requests the use
of the Community Center's gymnasium and stage facilities during the
evening of Friday, May 16th, between the hours of 6:00 and 9:00 P.M.,
for the purpose of conducting a graduation program; further, such usage
of the center at the specified time has been determined not in conflict
with any Center programming, and, having the approval of the Director
of Recreation, Mr. Alfred Elliott, it is recommended that the request
be granted.
Said request was unanimously granted, on motion by Mr. Youngblood
and seconded by Mr. Scheifley..
7.b. Council was informed that the FirSt Baptist Church of Delray Beach
requests the use of the Center's gymnasium on SundayafternoOn, May 4th,
Commencing at 12:30 P.M., for the purpose of serving a dinner to an
anticipated attendance of 250; further, the Community Center program-
ming will.not be affected by such use, and, being approved bythe
Recreation Director, it is recommended that this petition be granted.
Said petition was unanimously granted on motion by Mr. Pitts and
seconded by Mr. Youngblood.
8.a. The City Clerk presented RESOLUTION NO. 13-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY O~ DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
24 THEREOF PROVIDING THAT EACH COUNCILMAN MAY BE PAID
A SALARY UP TO TWO HUNDRED DOLLARS ($200.00) PER MONTH
AND THE MAYOR MAY BE PAID A SALARY UP TO THREE HUNDRED
DOLLARS ($300.00) PER MONTH.
(Copy of Resolution No. 13-69 is attached to the official copy of these
minutes.) See page 74-A..See Bill on pages 74-G-H.
A Public Hearing having been legally advertised in compliance with
the Charter of the City of Delray Beach was held, and there being no
objectionto Resolution No. 13-69, said Resolution was unanimously
passed and adopted on this first and final reading, on motion by Mr.
Youngblood and seconded by Mr. Pitts.
8.b. City Clerk Worthing presented RESOLUTION NO. 14-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
47 THEREOF PROVIDING THAT THE PERSON APPOINTED AS MUNICI-
'PAL JUDGE SHALL BE A MEMBER IN C49OD STANDING OF THE FLORIDA
BAR WITH AT LEAST TWO YEARS' EXPERIENCE AS A PRACTICING AT-
TORNEY IN FLORIDA, AND OTHER QUALIFICATIONS AS ESTABLISHED
BY ORDINANCE AT THE TiME OF HIS APPOINTMENT.
(Copy of Resolution No. 14-69 is attached to the official copy~of these
minutes.) See page 74-B. See Bill on pages 74-I-K.
A Public Hearing having been legally advertised in compliance with
the Charter of the City of Delray Beach was held.
The City Clerk read a letter from Mr. Lee Atford of Boca Raton,
dated April 24th, complaining of the City's requirements for Municipal
Judge. He also appeared in person and said he did not agree with the
City's requirements.
Mr. Scheifley moved that Resolution No. 14-69 be passed and adopted
on this first and final reading., the motion being seconded by Mr.
Youngblood and unanimously carried.
-2- 4-28-69
8.e. The City Clerk presented RESOLUTION NO. 15-69.
A RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
58 THEREOF PROVIDING THAT THE PERSON APPOINTED AS A CITY
ATTORNEY SHALL BE A M~MBER. IN GOOD STANDIN~ OF T~E FLORIDA
BAR WITH AT LEAST TWO YEARS! EXPERIENCE AS A PRACTICING
ATTORNEY IN FLORIDA, AND OTHER QUALIFICATIONS AS ESTABLISH-
.ED BY ORDINANCE AT THE TIME OF HIS APPOINTMENT.
(Copy of Resolution 'No. 15-69 is attached to the official copy of these
minutes.) See page 74-C.. See Bill on pages 74-L-M.
A Public Hearing having been legally advertised in compliance with
the Charter of the City of Delray Beach was held, and there being no
objection to Resolution No. 15-59, said Resolution was unanimously
9assed and adopted on this first and final reading, on motion by Mr.
Scheifley and seconded by Mr. Youngblood.
8.d. The City Clerk presented R~SOLUTION NO~ 16-69.
A RESOLUTION OF T~E CITY COUNCIL OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
83 THEREOF PROVIDING THAT THE TAX ASSESSOR SHALL HAVE
UNTIL THE FIRST DAY OF APRIL TO MAKE HIS FULL CASH VALUE
ASSESSMENT ON ALL TAXABLE PROPERTY AND THAT OWNERS RE-
0UIRED TO FILE PERSONAL PROPERTY VALUATIONS SHALL HAVE
UNTIL THE FIRST DAY OF APRIL TO DO SO.
(Copy of Resolution No. 16-69 .is attached to the official Copy of these
minutes.) See pages?4-D. See Bill on ~ages
A PUblic Hearing having been legally advertised in compliance with
the Charter of the City of Delray Beach was held, and there being no
objection to Resolution No. 16-69,- said Resolution. was unanimously
passed and adopted on this first and final reading, on motion by Mr.
Youngblood and seconded by Mr. Pitts.
8.e. City Clerk Worthing presented RESOLUTION NO. I7-69.
A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING THE ENTIRE
PRESENT ~RTICLE XVIII CONSISTING' OF sECTIONS 125 THROUGH
142~ PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDSr
ISSUANCE OF REFUNDING BONDS~ ISSUANCE OF REVEN~E BONDSr IS-
SUANCE OF EXCISE _TAX BONDS~ ISSUANCE OF ASSESSMENT BONDS~
AND FOR THE SALE AND INTEREST LIMITATIONS OF SEVEN AND ONE-
HALF PER CENT PER ANNUM THEREOF.
(Copy of Resolution No. 17-69 is attached to the official copy of these
minutes.) See page. 74-E. See Bill on pages 74-P-74-HH.
A Public Hearing having been legally advertised in compliance with
the Charter of the City of Delray Beach' was held, at which time Mr.
Russell .H. Boy~ and Mr. Nathan Sharp, local residents with vast experi-
ence in the bond~ market,commented on same.
Resolution No. 17~69' was unanimously passed and adopted on this
firs't and ~final reading, on motion by Mr. Scheifley and seconded by
Mr. Youngblood.
8.f. The City Clerk presented RESOLUTION NO. 18~69.
A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
1~88 THEREOF PROVIDING THAT THE "PUBLIC BEACH" SHALL BE
DEFINED AS THAT BEACH LYING BETWEEN THE NORTH AND SOUTH
BOUNDARIES OF SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43
EAST.
{Copy of Resolution No. 18-69 is attached to the official copy of these
A Public Hearing' having been legally advertised in compliance with
the Charter of the City of Delray Beach was held.
The City Clerk read the following letter, dated April 25th, 1969,
from James B. McGuire:
"Before YOu tonight is a proposed charter amendment which Seeks
to define public beach. As you are all aware the issue is not the
definition of the public beach, but is the negation of the grounds
for the suit which.has been brought to prevent the sale of the
south beach. This is a most unfortunate basis for legislation,
and I fear that passage of this proposed amendment in its present
form will lead to future difficulties.in the development of our
city. I would like to briefly outline the problem and give what
I think is a better Solution.
First, let me state that I believe that the city council has
the right, and in fact the duty, to acquire land for the future
development of our city. Similarly it must be possible to dis-
pose of land when it is in the best interest of the city to do so.
Fortunately, in the acquisition of land it is almost impossible
to make a disastrous error..~Any land acquired can almost certainly
be put to good public use in the future or, if no use is found, can
be sold at a substantial profit. It is in the sale of'land that
the danger lies.
Some of the land owned by the city is protected from injudicious
sale, for example the land on which city hall resides. City hall
is not for sale because of the financial committment to the build-
ing andits improvements. Much of the city owned land is not pro-
tected by any improvementand this land will be subjected to mount-
ing pressure for sale as the community grows. This applies par-
ticularly to recreational land.
We have already seen that misinformation, fear, and prospect
of short term financial gain have allowed irreplaceable public
recreational land to be sold. .I refer to the disposal of the
Delray Beach public golf course some years ago. I feel that the
city needs legislative protection from such incidents in the future.
I suggest that you make provision for a new category of city
owned land. For lack of a proper legal word, call it 'protected
land'. Land may be designated as 'protected' by action of the
city council or by an affirmative vote in a referendum. Once land
has been designated as 'protected' it may not be sold. Land may
be removed from the 'protected' category only by referendum.
I feel that a charter amendment based upon the ideas above would
be a valuable asset to the growth of this community. It would
still provide for the sale of any city owned land, but if the land
falls in the 'protected' category its sale requires a public man-
date and is not subject to the whim of a particular council.
Redefine public beach if you must, but please at the same time
give us a way to help assure that our most valuablQ public land
can be safe in the future."
During discussion, other city-owned beach property was mentioned,
and it was pointed out that this proposed Legislative Bill.only per-
tains to the original one mile of public beach lying between Beach
Drive and Casuarina Road, within Section 16-46-43.
Resolution No. 18-69 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Youngblood and seconded by
Mr. Scheifley.
8.g. City Clerk worthing presented RESOLUTION NO. 19-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REQUESTING THE.LEGISLATIVE DELEGATION
OF PALM BEACH COUNTY, FLORIDA, TO PRESENT CERTAIN BILLS
BEFORE THE 1.969 SESSION OF T~ FLORIDA LEGISLATURE AMEnD-
ING THE CHARTER OF THE CITY OF DE~Y BEACH, FLORIDA.
(.Copy of Resolution No. 19-69 is attached to the official copy of these
minutes.) See page 74-KK. See 'all bills on page%32%L%%74-JJ.
Resolution No. 19-69 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Scheifley and seconded by
Mr. Youngblood.
8.h. City Clerk Worthing presented RESOLUTION NO. 20-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, LEVYING COSTS FOR DEMOLITION OF BUILDINGS
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY~ SETTING OUT
ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH DE-
MOLITION AND LEVYING THE COST FOR SUCH DEMOLITION AS 'A
SPECIAL ASSESSMENT, AND DECLARING SAID SPECIAL ASSESSMENT
TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNTAS SHOWN BY
REPORT OF THE BUILDING OFFICIAL OF DELRAY BEACH,-FLORIDA.
[Copy of Resolution No. 20-69 is attached to the official copy of these
minutes.) See page 74-LL.
In compliance with the Code of Ordinances, a public hearing was held
for the purpose of effecting a special assessment, in the amount of
$350.00 against the South 30 feet of East 85 feet of North 153 feet of
Block 11, located at 138 N. W. 6th Avenue, Delray Beach, Florida.
Mrs. Mabel Brown asked if she could make monthly payments on this
special assessment, and she was informed that she could make paYments
in that manner.
Resolution No. 20-69 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Youngblood and seconded by
Mr. Pitts.
8.i. The City Clerk presented RESOLUTION NO. 21-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, LEVYING COSTS FOR DEMOLITION OF BUILDINGS
UPON CERTAIN LANDS' LOCATED WITHIN SAID CITY; SSTTI~G OUT
ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH' SUCH DE-
MOLITION AND LEVYING THE COST FOR SUCH DEMOLITION AS A
SPECIAL ASSESSMENT, AND DECLARING SAID SPECIAL ASSESSMENT
TO BE A LIENUPON SAID PROPERTY INANAMOUNTAS sHOWN BY
REPORT OF THE BUILDING OFFICIAL OF DELRAY'BEACH, FLORIDA.
(Copy of Resolution No. 21~69 iS attached to the official copy of these
minutes.). See page 74-MM.
In compliance with the Code of Ordinances, a public hearing was held
for' the .purpose of. effecting a .special assessment, in the amount_of
$250.00 against Lot 15, Block 2, Priest's Addition to Atlantic Park
Gardens, Delray Beach, Florida, located at 110 So W. 14th Avenue.
There being no objection to said proposed assessment for demolition
costs~ Resolution No. 21-69. was unanimously passed and adopted on this
first and final reading, on motion-byMr. Youngblood and seconded by
Mr. Pitts.
8-.j,' The City'Clerk presented RESOLUTION NO, 22-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA,.LEVYING COSTS FOR DEMOLITION OF BUILDINGS
UPON CERTAINLANDS LOCATED WITHIN SAID CITY~ SETTING OUT
ACTUAL COSTS I.NCURRED BY SAID CITY TO ACCOMPLISH SUCH DE-
MOLITION AND LEVYING~THE'¢OST:.FOR SUCH'DEMOLITION AS A
SPECIAL ASSESSMENT, AND DECLARING SAID SPECIAL ASSESSMENT
TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS.SHOWN BY
REPORT OF THE BUILDING OFFICIAL OF DELRAY BF2%CH, FLORIDA.
(Copy of Resolution No. 22-69 is attached to the official copy of these
minutes.) See page 74,NN.
In compliance with the Code of Ordinances, a public hearing was held
for the purpose of effecting a special assessment, in the amount of
$250.00 against Lot 15, Block 3, Odmann's S/D, Delray Beach, Florida,
located at 26 S. W. 14th Avenue~
There being no objection to said proposed assessment for demolition
costs, Resolution No.. 22-6g was unanimously passed and adopted on this
~, ~ ~1 ~~. o~ mo~on bv Mr. Scheiflev and seconded by Mr.
8.k. City Clerk Worthing presented RESOLUTION NO. 23-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, LEVYING COSTS FOR DEMOLITION OF BUILDINGS
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT
ACTUAL COSTS INCURRED BY' SAID CITY TO ACCOMPLISH SUCH DE-
MOLITION AND LEVYING THE COST FOR SUCH DEMOLITION AS A
SPECIAL ASSESSMENT, AND DECLARING SAID SPECIAL ASSESSMENT
TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY
REPORT OF THE BUILDING OFFICIAL OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 23-69 is attached to the official copy of these
minutes.} See page 74-00.
In compliance with the Code of' Ordinances, a public hearing was held
for the purpose of effecting a special assessment, in the amount of
$290.00 against Lot 7, Block 43, Delray Beach, Florida, located at
109 N. W. 3rd Avenue.
Following comments by Mr. Samuel Dobson, owner of said Lot 7, and
explanation of the procedure leading up to demolition of property,
Resolution NO o 23-69 was unan.!mously passed and adopted on this first
and final reading, on motion by Mr. Scheifley and seconded by Mr.
Youngblood.
8.1. The City Clerk presented ORDINANCE NO. 19-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING C~APTER 23A OF THE CODE OF ORDI-
NANCES OF SAID CITY BY PROVIDING FOR ALL REFERENCES IN
SAID CHAPTER 23A TO'DIRECTOR OF PUBLIC WORKS' AND 'BUILD-
ING INSPECTOR' TO BE CHANGED TO 'CITY ENGINEER' AND
'DIRECTOR OF PLANNING, ZONING & INSPECTION' RESPECTIVELY.
(Copy of Ordinance No. 19-69 is attached to the official copy of these
minutes.) See page 74-PP.
A public hearing having been legally advertised in compliance with
the laws of the State of Florida and the Charter of the City of Delray
Beach was held, and there being no objection to Ordinance No. 19-69,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Youngblood and seconded by Mr. Pitts.
8.m. The City Clerk presented ORDINANCE NO. 20-69.
AN ORDINANCE OF T~E CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN
LANDS LOCATED IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43
EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS
OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO IN-
CLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND 'OBLIGATIONS
OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF.
(Copy of Ordinance No. 20-69 is attached to the official copy of these
minutes.) See page 74-QQ.
A Public Hearing having been legally advertised in cOmpliance with
the laws of the State of Florida and the Charter of the City of Delray
Beach was held, and there being no objection to Ordinance No. 20-69,
said Ordinance .was unanimously passed and adopted on this second and
final reading, on motion by Mr. Scheifley and seconded by Mr. Youngblood.
8.n. The City Clerk presented ORDINANCE NO. 21-69.
AN ORDINANCE OF T~E CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS
LOCATED IN SECTIONS 18 and 19, TOWNSHIP 46 SOUTH, RANGE 43
EAST, WHICH LANDS ARE CONTIGuous TO EXISTING MUNICIPAL LIMITS
OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO IN-
CLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LANDS; AND PROVIDING FOR T~E ZONING THEREOF.
(Copy of Ordinance No. 21-69 is attached to the official copy of these
minutes. }. See page 74-RR.
-6- 4-28-69
9he City Clerk read the following Planning Board Report, dated
April 24, 1969=
"On April 24th, 1969, at 2=00 P.M. in City Hall, the Board
considered Ordinance No. 21-69 proposing annexation of 126
acres of land west of Homewood .Boulevard between Lowson Boule-
yard and West Atlantic Avenue.
The si~ members present voted unanimously to recommend that
Council deny the proposed annexation.
The Board made this recommendation on the basis that excessive
and detrimental strip commercial zoning exists-inside the City
and this annexation would perpetuate such strip commercial zoning
which is against Board policies."
Mr..L.O. Peterson, representing the petitioner, asked that this
Ordinance be tabled until the owner could come to some agreement with
the Planning and Zoning Board upon a location of approximately ten
acres for commercial zoning.
Ordinance No. 21-69 was unanimously tabled, on motion by'Mr.
Scheifley and seconded by Mr. Youngblood.
Mr. Scheifley referred to the 1961 Comprehensive City Plan prepared
by Mr. George W. Simons, Jr., and the 1966 revision of that Plan, and
asked that the proposed zoning in said Comprehensive City Plans, for
that subject property, be made known to the Planning and Zoning Board
at the time they meet with the petitioner.
9.a. city Clerk worthing read the followingPlanning arid Zoning Board
Report,'dated April 23, 1969:
"On April 15,':1969, a pub~iC'hear.ing was~held~in City Hall at
4:00 P.M., 'to Consider a Petition for Permissive. Use foT. construc-
tion. of a 'church and other-related educational facilities by. the
LakevieW'Baptist Church, Inc., Delray Beach, On lands located in
Sections 4~and. 5, Township 46 SOuth, Range' 43 East. · No. one spoke in objection.to th~ petition.
After'review of the plans,.~the six Board members present voted
unanimously to recommend~tha't'the City Council gra~t approval of
Said reqUest for Permissive Use by the LakeviewBaptist Church was
unanimously granted, on motion by Mr. Youngblood and seconded by Mr.
Scheifley.
9.b. RelatiVe to a petition for relocation of a portion of Ingraham
Avenue, the City C~erk read the Planning and Zoning Board report as
follOws:
"A special meeting of the Board .was called at 8:10. A.M. on
April 22nd in the City Hall. The proposal for curving !ngraham
Avenue to run along the northerly lot line of Carl Lohrman's
property from Gleason Street to Ocean Boulevard was discussed
briefly. WHEREAS the petitioner was not for allowing the City
a 40 foot.right-~f~way,..as previously suggested by the Board,
it was moved, and duly seconded, that the Board recommend that
the City Council deny the request. Motion passed unanimously."
Mr. You~gblood moved to sustain the. recommen~ation of the Planning
and Zoning Board and .deny the petition, themotion being seconded by
Mr. Scheifley.
There was discussion of the proposed relocation of Ingraham Avenue,
and of a sketch of same prepared by.the City Engineer.
Upon call of roll, Mr. Scheifley, Mr. Youngblood and Mayor Saunde=s
voted in favor of the motion and Mr. Pitts was opposed.
9.c. City Clerk Worthing read the Beautification Committee meeting
minutes of April 9, 1969, in'which Council action was requested on
thefollowing two items:.
1."Mrs. Gerquest reported that there seemed to be more violations
of 'cabanas along 'the grassed area of the beach. Mr. Elliott ex-
plained' that there are actually 12 instead of 3 individuals who
have been granted special permission. A motion was made by
Mrs. Little that there be no cabanas on the grassed area=
that if exceptions are allowed, they should be granted by
Council; and that at night the cabanas should be removed to
permit watering of the grass.
2.In pursuing the problem of litter~ Mr. Gooder moved that the
city enforce the ordinance reqmiring that agbr£s.,'b~ok~n bottles
and trash be .removed by the owner of an unsightly property."
Item 1 concerning cabanas was tabled until CounCilman WilsOn re-
turns from 'vacation.
Item 2 concerning litter was discussed and it waspointed out that
this item comes under Chapter 15 of the Code of Ordinances and is, en-
forced through the survey of lands in Violation of the City's nuisance
laws, which would require additional personnel if' the present procedure
for such nuisance abatement, as Set forth in the Code of Ordinances,
is desired to be revised. .Consideration for such. revision will be pro-
vided in the coming Budgetpreparation and study.
10.a. Mrs. Dorothea Montgomery commended~he Chamber of Commerce on
their beautiful new building0n S~ E. 5th Avenus.
10.a. Mrs. Montgomery suggested that an ordinance be passed concerning
the setback from the rear, or canal side of the property, o~ proper-
ties abutting the Intracoastal Waterway and finger canals,'similar to
the ordinance governing setbacks on corner properties, which would keep
a property owner from building close to the canal and blocking the view
of other residents. '
Following discussion, this item was unanimously referred to the
Planning and Zoning Board for study and recommendation concerning a
proposed ordinance, on motion by Mr. Pitts and seconded by Mr.
Youngblood.
10.a. The request of Mrs. Margie Smith Cunningham for Permissive Use
to conduct the New.JerUsalem BibleStudy and MissiOnary SerVice, also
to establish a Church at 28% S. W. 5th Avenue, was unanimously referred
to the Planning and Zoning Board for a public hearing to be held, fol-
lowed by a recommendation, to Council concerning said-Permissive Use.
10.b. City Clerk Worthing informed Council that' the "Arisers", noted
religious singing group within the First Baptist Church of Delray Beach,
=equest the use of the Community Center's gymnasium on the evenings of
May 2, 9 & 16, to complete their film series.
tt was made known that~ the Community Center has already been sched-
uled for May 9th and 16th, but Council~ unanimously granted the Arisers
use of sai~ facilities on May 2, on.motion ~y Mr. Youngbl°°d and second-~
10.c. City Clerk Worthing presented Bxlls ~f°r Approval as follows:
General Fund $ 266,591.07
Water O~erating &Maintenance Fund 7,841.83
Water Revenue Fund 63,877.88
Special Assessment Fund 350.26
Refundable Deposits Fund 2,122.71
Beautification Fund 709.2'0
Improvement Fund 573.32
Capital Improvements Construction Fund 2,623.32
The Bills were unanimously approved for payment, on motion by Mr.
youngblood and seconded by Mr. Pitts.
The meeting adjourned at 11:00 P.M.
C i
ty Clerk
APPROVED :~// /
M A Y O R -8- 4-28-69
74-A
RESOLUTION NO. 13-69.
A 'CoUncil, OF
TY, F~~, ~~G SE~ZON 24 ~OF
~O~ING ~T ~ CO. CliNtOY BE PA~
~0~,
~~S, increased costs are pre. lent in ali flelds;
and ~e Mayor are positions of p~IiC s~rvice;
~AS, it is reco~ized tha~ 's~lary of the me.ers of the
City Cocci1 and the ~r is r~muneratio~ to offset ~rsonaI ex-
penses incurred by reason of their public service;
~~S, ~eir personal e~enses have increased;
~~S, notice of intention ~o apply for a local bill was
presented an4 hear~ on the January 22. 196~, clinic agenda of the
Palm Bea~ Co~ty ~gislative ~legation;
~AS, a pUblic hearing ~s held on APril 28, 1969, a~ter 10
days p~l/c notice 'pursuant to the ~arter ~f ~e City of Delray
Beach, Florida;
~AS, it is d~med in the best interest of the City of
Delray ~each, Florida, that ~e salary limits of ~e Counci~n
and Mayor be increased~
NOW, T~FO~, SE IT ~SOL~D ~ ~ CXTY C~CXU OF ~ CXTY
OF DE~Y BEACH, F~RI~:
~e ~gislature of ~e State ~of Florida is respectfully re.est-
ed to enact .in 'the 1969 regular session-an amendment to sec. 24
the ~arter of the City of Del~ay Beach, ~ich is approved and recom-
mended ~y the City Counci! of the .City of Delr~ Beach, Florida, a
copy of said amendment being sub=i~ted herewi~.
~asse~ and adopt~ this 20th day of April,' 1969.
CI~ OF DE~Y ~A~, FLORIDA
By~ J L. Saunders
·
~TT~ST:
/S/ R. D. Worthing City Clerk
74-B
=SOL IO
CITY OF D~..LRAY B~ACH,, IN PALM,BEACH ~COUN-
TY,: F~RDA~" ~IN~ SECTION~ 47 ~OF
OF
A~O~Y IN FLORIDA, h~ OT~R QUALIFI~-
TIONS AS ESTABLISHED BY O~I~NCE AT T~
TI~ OF HIS APPOIntS.
~~S, the Charter provisions of the City of Delray Beach,
Florida, need modernizing as it pertains to the municipal judge to
proviae for stricter qualifications;
~REAS, notice of intention to apPlY for a local bill was
presented and heard on the Febr~ry 11, 1969, clinic .agenda of
the Palm ~ach County Legislative Delegation;
~~S, a public hearing was held on April 28, 1969, after
10 days p~lic notice pursuant to the ~arter of the City of Delray
Beach, Florida;
~~S, it is deemed to'be in the best interest of the City
of Delray ~ach, Florida, that the qualifications of the municipal
judge should be. more de~nding;
NOW, T~FO~, BE IT ~SOL~D BY T~ CITY COUNCIL OF T~ CITY
OF DE~Y ~A~, FLORIDA:
The Legislature of ~e State of FlOrida is respectfully re-
~ested to enact in the 1969 re~lar session an amendment %o Sec.
47 of the ~arter of the City of. Delray Beach, which is approved
and reco~ended by ~e City Cocci1 of the City of Delray Beach,
Florida, a copy of said amendment berg s~mitted herewith.
Passed and adopted this 28th day of April, 1969.
CITY OF DELRAY BEACH, FLORIDA
By../.S,/_,J.. L,, $.Dunders ,
MAYOR
ATTEST:
/S/ R. D. Worthin~ City Clerk
74-C
RESOLUTION NO. i5-69.
A RESOLUTION OF THE CiTY COUNCIL OF THE
CITY OF DELRAY 'BEACH~ IN PALM BEACH COUN-
TY, FLORIDA, AMENDING SECTION~ ~8 'THEREOF
PROVIDING TB~T THE PERSON APPOINTED AS A
CITY ATTORNEY SHALL BE A MEMBER IN GOOD
STANDING OF THE FLORIDA BAR WITH AT LEAST
TWO YEARS' EXPERIENCE AS A PRACTICING' AT-
TORNEY IN FLORIDA, AND OTHER QUALIFICATIONS
AS ESTABLISHED BY ORDINANCE AT THE TIME OF
HIS APPOINTMENT.
WHEREAS, the Charter provisions of the City of Delray Beach,
Florida, limit the availability of attorneys otherwise qualified
to serve as city attorney;
WBEREAS, notice of intention to apply for a local bill was
presented and heard on the February 11, 1969, clinic agenda of the
Palm Beach County Legislative Delegation;
WBEREAS, a public hearing was held on April 28-, 1969, after
10 days public notice pursuant to the Charter of the City of Delray
Beach, Florida;
WBEREAS, it is deemed to be in the best interest of the City
of Delray Beach, Florida, that the selection of the city attorney
should be unrestricted as to residence and practice;
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA:
The Legislature of the State of Florida is respectfully re-
quested to enact in the 1969 regular sessi°n an amendment to Sec.
58 of the Charter of the City of Delray Beach, Florida, a copy of
said amendment being submitted herewith.
Passed and adopted this 28th day of April, 1969.
CITY OF DELRAY BEACH, FLORIDA
By../S/. J. L. S,aunders MAYOR
ATTE ST:
/S/ R. D. Worthing · City Clerk
74'D
RESOLUTION NO. 16-69.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, IN PALM BEACH COUN-
TY, FLORIDA, AMENDING SECTION 83 THEREOF
PROVIDING THAT THE TAX ASSESSOR SHALL HAVE
'UNTIL .THE FIRST DAY OF APRIL TO MAKE HIS
FULL CASH VALUE ASSESSM~NT ON .ALL TAXABLE
PROPERTY AND 'THAT ~OWNERS REQUIRED TO FILE
PERSONAL PROPERTY VALUATIONS SHALL HAVE
UNTIL THE FIRST DAY OF APRIL TO DO SO'
WHEREAS, the Co.untY of Pa'im Beach calls for taxpayers to sub-
mit their tax returns on or before April 1st of each year;
WHEREAS, the City of Delray Beach calls for taxpayers to sub-
mit their tax returns on or before March lst;
W~EREAS, confusion exists with the taxpayers of Delray Beach
as a result of 'the different filing dates r
WHEREAS, as a result of the confusion, approximately 75 per
cen% of the tax returns are filed after March 1st;
WHEREAS, taxpayers' bookkeeping practices are regulated to
the county deadline of April 1st, and Federal income tax returns,
and the necessary figures are not available by March..lst;.
WHEREAS, Notice of intention to apply for a local bill was
presented and heard on the January 22, 1969, clinic agenda of the
Palm Beach COunty Legislative Delegation;
WHEREAS, a public hearing was held on April 28, 1969, after
10 days public. ~notice pursuant to the Charter of the City of Delray
Beach, FlOrida;
WHEREAS,. it is deemed in the best interest of the City of
DelraY Beach, Florida, that the filing of tax information should
be the same as the county;
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY CouNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA:
The Legislature of the State of Florida is respectfully re-
quested~to enact in the 1969 regular session an amendment to Sec.
83 of 'the Charter of the CitY of Delray Beach, which is approved
and recommended by the City Council of the City of Delray Beach~
Florida, 'a copy of said amendment being submitted herewith.
Passed and adopted this 28th day of April, 1969.
CITY OF DELRAY BEACH, FLORIDA
By/_S/. J, .L Saunders ...... MAYOR
ATTEST:
/S/ R. ~..Worthing .
74-E
RESOLUTION NO. 17-69.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITYOF DELRAY BEACH, IN PALM BEACH COUNTY,
FLORIDA, AMENDING THEENTIRE PRESENT ARTi-
CLE XVIII CONSISTING OF SECTIONS 125~THROU~H
142; PROVIDING FOR THE ISSUANCE OF GENERAL
OBLIGATION BONDS; 'ISSUANCE OF REFUNDING BONDS;
ISSUANCE OF REVENUE BONDS; ISSUANCE OF EXCISE
TAX BONDS; ISSUANCE OF ASSESSMENT BONDS; AND
FOR THE SALE ANDINTEREST LIMITATIONS OF SEVEN
AND ONE-HALF PERCENT PER ANNUM THEREOF.
WHEREAS, the interest rates on the cost of municipal bonds
have drastically increased;
WHEREAS, the need of issuing further~muntcipal bonds has
arisen;
WHEREAS, such bonds cannot be sold due to the interest limi-
tations prOvided in the present charter provisions;
WHEREAS, some confusion exists in the presentcharter as to
revenue certificates and excise bonds;
WHEREAS, notice of intention to aPPly for a local bill was
presented and heard on the January 22, 1969, clinic agenda of the
Palm Beach County Legislative Delegation;
WHEREAS, ~ PUblic hearing was held on Ap=il 28,'i969, after
10 days public .notice pursuant to the Charter of the City of Delray
Beach, Florida;
WHEREAS, it is deemed to be in 'the Best interest of the City
of Delray Beach, Florida, that the charter provisions be changed
to allow a higher minimum interest rate %o bepaid and that revenue
bonds, excise tax bonds and'assessment bonds issuances be more fully
explained;
NOW, THEREFORE, BE IT RESOLVED BY' THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA:
The Legislature of the State of Florida is respectfully re-
quested to enact in the 1969 regular session an amendment to Char-
ter Article XVIII, 'including SecS. 125 through 142 of the Charter
of the City Of Delray Beach, which is approved' and. recommended by
the City Council of the City of Delray Beach, Florida, a copy of
said amendment being submitted herewith.
Passed and adopted this 28th dayof April, 1969'
CITY OF DELRAy BEACH, FLORIDA
/S/ J. L. Saunders
By.
MAYOR
ATTEST:
T~/S/. R-~Di .Worthi~nq ........ - . .
City clerk
74-F
R sOLuTION . .
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAy BEACH, IN PALM BEACH COUN-
Ty, FLORIDA, AMENDING SECTION 188 THEREOF
PROVIDING THAT THE "PUBLIC BEACH" SHALL
BE DEFINED AS THAT BEACH LYIN~ BETWEEN
THE NORTH AND SOUTH BOUNDARIES OF SECTION
16, TOWNSHIP 46 SOUTH, RANGE 43 EAST
WHEREAS, interpretation of the Public Beach of the City
of Delray Beach, Florida, is in question;
WH~P. EAS, notice of intention to apply for a local bill
was presented and heard on the January 22, 1969, clinic agenda
of the Palm Beach County Legislative Delegation;
WHEREAS, a Public hearing was held on April 28, 1969, after
10 days public notice pursuant to the Charter of the City of
Delray Beach, Florida;
WHEREAS, it is deemed to be in the best interest of the
City of DelraY Beach, Florida, that the Public Beach be more
specifically defined in the Charter of the city of Delray' Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH. FLORIDA:
The Legislature of the State of Florida is respectfully
requested to enact in the 1969 regular session an amendment to
Sec,'188 of the charter of the City of Delray Beach, which is
approved and recommended by the City Council of the. City of
Delray Beach, Florida, a copy of said amendment being submitted
herewith.
Passed and adopted this 28th day of April, 1969o
CITY OF DELRAY BEACH, FLORIDA
By ... /.$. /:. J. ~ L. :~.. Saunders
MAYOR
ATTEST -
City Clerk
74-G
Resolution No. 13-69.
1
2
3 A bill ~o be entitled
An act relating to the City of Delray Beach, Palm
5
Beach County, Florida, amending Chapter 25786,
6
Special Laws of Florida, Acts of 1949, as amended,
7
8 same being the Charter of said city by amending
9 Section 24 thereof providing that each councilman
10 may be paid a salary up to two hundred dollars
11 ($200.00) per month and the Mayor may be paid
12
a salary up to three hundred dollars ($300.00) per.
13
month.
Be It Enacted by the Legislature of
~'>~a~e of Florida:
15
Section 1. That Section 24 of Chapter 25786, ~ecial
16
17 Laws of Florida~ Acts of 1949~ as arc_ended, same being the
18 Charter of the City of Delray Beach', Florida, is amended to
1~) read as follows:
20 The Salary of each me~nber of the city council shall be
21
fixed from time to time by ordinance, provided the maximum
22
salary of each councilman shall not exceed one-hun~rec~ ~e~i~rrs-
~$-1-0~.-0~) two hundred dollars ($200.00) per month, except that
24
25 the duly elected mayor shall receive a maximum salary which
26 shall not exceed ~ne -htrnd-red- fif~y-d~liar~ -($~6~)~ ~)~ three
27 hundred dollars ($300.00) per month.
~8 Section 2. All laws or parts of laws in conflict herewith
30
31 1
74-H
Resolution No. 13-69.
I .are hereby repealed.
2 Section 3. It is declared to be the legislative intent that if
3
any portion of the Act is held invalid, the remaining provisions
of this Act shall not be affected but shall remain in full force
and effect.
6
Section 4. This Act shall take effect immediately upon
?.
8 becoming law.
10
11
12
13
14
15
17
20
21
22
24
25
26
30
31 2
74'I
Resolution No. 14-69.
1
2
3 A bill to be entitled
An act relating to the City of Delray Beach, Palm
Beach County, Florida, amending Chapter 25786,
6
Special Laws of Florida, Acts of 1949, as amended,
?
8 same being the Charter of said city by amen. ding
9 Section 47 thereof providing that the person appointed
10 as municipal judge shall be a member in good standing
11 of the Florida Bar with at least two years' experience
as a practicing attorney in Florida, and other
13
qualification~ as established by ordinance at the
time of his appointment.
16 Be It Enacted by the Legislat. ure of the State of Florida:
17 Section 1. That Section 47 of Chapter 25786, Special
18 Laws of Florida, Acts of 1949, as amended, same being the
19 Charter of the City of Delray Beach, Florida, is amended to
2O
read as follows:
21
There shall be and there is hereby established in {he City
22
of Delray Beach a municipal court, to be known as The
23
Municipal Court of the City of Delray Beach, Florida, for
25 the trial of offenders against the municipal ordinances. Such
26 court shall be presided over by
27 G~ngl-e, Municipal Judge Ernest G. Simon, who shall serve
28
until the first Monday in January, ~952, 1970, at which time
29
30
31 1
74-J
Resolution No. 14-69. ~
I the members of the city council at their regular meeting on the
2 first Monday in January, 2952, 1970, and annually thereafter,
3 will appoint a municipal judge whose.term of office thereafter
shall be for one year. Pr~ference~ir~l~q~e~iven~o-an~{orney
duly 9~{~fied ~o-pr ac~i~t~ Pasv ~-ton~ ~o~r{s ~yf-tq~i~-st~rt~; -and
6
? qua~ifi~c[ in ~h~- opi~rion-o~ {he xyi{y ~ou~eii {or-smeh
8 '~A~y-p er son ~ ~ppo-in~ {o -th~-posilion ~yf-n~t~pa~ j~dge
9 5 e -a~ ~ e ga~ ~e~ ~d ent- o~ ~th~ ~t~y~ o~ -I~ ePra~ B-ca-ch-,- F-lori& a. Th..e
10
person appointed shall be a member in good standing of the
ll Florida Bar with at least two years' experience as a practicin~
12
.at_.t. orney in Florida, and other qualifications as established by
ordinance at the time of his appointment. Applications shall
not be received by the city council for such position. In case
16 of the absence or disqualification of or disability of the
17 municipal judge, the city council may designate some other
18 person ~o ac~ during such absence, sickness or disqualification.
19 Compensation zo be paid said municipal judge shall be fixed by
20
ordinance or resolution. Sessions of the municipal court may
21
be held daily except on Sundays and holidays.
22
Section 2. All laws or parts of laws in conflict herewith
2;4 are hereby repealed.
25 Section 3. It is declared to be the legislative intent that if
26 any portion-of the Act is held invalid, the remaining provisions
27 of this Act shall not be affected but shall remain in full force
28
and effect.
3O
~1 2
' Resolution No. 14-69. ~ 74-K
I Section 4. This Act shall take effect immediately upon
2 becoming law.
3
?
8
9
10
11
12
13
15
17
2O
21
22
23
25
26
27
29
3O
31 3
Resolution No. 15-~69. i 74-L
1
3 A bill to be entitled
An act relating to the City of Delray Beach, Palm
Beach County, Florida, amending Chapter 25786,
6
Special Laws of Florida, Acts of 1949, as amended,
?
8 same being the Charter of said city by amending
9 Section 58 thereof providing that the person appointed
10 as city attorney shall be a member in good standing
11 of the Florida Bar with at least two years' experience
12
as a practicing attorney in Florida, and other
13
qualifications as established by ordinance at the
time of his appointment.
15
16 Be It Enacted by the Legislature of the State of Florida:
17 Section 1. That Section 58 of Chapter 25786, Special
18 Laws of Florida, Acts of 1949, as amended, same being the
19 Charter of the City of Delray Beach, Florida, is amended to
20
read as follows:
21
The city council shall appoint a city attorney and such
assistant city attorneys as may be necessary, who shall serve
23
2;4 at the pleasure of the council and act as the legal advisor for the
25 municipality and all of its officers in matters relating to their
26 official duties.
27 exp eri-enc~ ~n~-pr aci-i~-~r~ ~he-cotrrss- ~ ~he
28
and -si~l{ ~ ~-r
3o
31 1
Resolution No. 15-69' ' 74-M
I Delray-Beach-ai-~h~ %i-rnm-~f- h~m -a~im~t~ The person
2 appointed shall be a member in. good standing of the Florida
3
Bar with at least two years' experience as a practicing
a~t. orney in Florida and Qther qualifications as established
5
6 by ordinance at the time of his appointment.
7 Section 2. Ail laws or parts of laws in conflict herewith
8 are hereby repealed.
9 Section 3. It is declared to be the legislative intent that if
10
any portion of the Act is held invalid, the remaining provisions
11
of thi~ Act shall not be affected but shall remain in full force
12
and effect.
13
Section 4.- This Act shall take effect immediately upon
15 becoming law.
16
17
19
2O
21
22
23
25
26
29
30
31 2
Resolution No. 16-69. ~ 74-N
1
2
3 A bill to be entitled
An act relating to the City of Delray Beach, Palm
Beach County, Florida, amending Chapter 25786,
Special Laws of Florida, Acts of 1949, as amended,
?
same being the Charter of said city by amending
9 Section 83 thereof providing that the tax assessor
10 shall have until the first day of April to make his
11 full cash value assessmen~ on all taxable property
12 and that owners required to file personal property
13
valuations shall have until the first day of April to
do so.
Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. That Section 83 of Chapter 25786, Special
18 Laws of Florida, Acts of 1949, as amended, same being the
19 Charter of the City of Delray Beach, Florida, is amended to
20 read as follows:
21
It shall be the duty of the tax assessor, between the first
22
day of January and the first day of ~ April of each year,
23
to ascertain by diligent inquiry all taxable property--real and
25 personal, railroads, telephone and telegraph lines within the
26 city, and the name of the person, firm or corporation oWning
2? the same on the first day of January of each year, and to make
an assessment at its full cash value of all such taxable
29
3o
31 1
ResolUtion No. 16-69. ! 74-0
I property. The tax assessor shall visit and inspect all of the
2 improvements thereon, and shall fix the Valuation of the same,
3
and shall require the owner or owners of personal property to
return the same and fix.the valuation thereof. In case the
5
owner or owners of any personal property shall neglect or
6
refuse to return the same and fix the valuation thereof, the
8 tax assessor shall place a value thereon to the best of his
9 knowledge, information and belief, and any person or persons
10 failing or refusing so make sUch returns on or before the first
day of Arl-art~ April in each year shall not be permitted
12
afterwards to reduce the valuation placed thereon by the
13
city tax assessor for the current year. The city manager
14
15 may employ or appoint a person or persons, when necessary
16 to review~ revise or equalize all assessments on real and
17 personal property within the City of Delray Beach. The tax
18 rolls and records of the tax assessor's office shall be open for
19
public inspection at all reasonable times.
2O
Section 2. Ail laws or parts of laws in conflict herewith
21
are hereby repealed.
22
Section 3. It is declared to be the legislative intent that if
24 any portion of the act is held invalid, the remaining provisions
25 of this Act shall not be affected but shall remain in full force
26 and effect.
27 Section 4. This Act shall take effect immediately upon
28
becoming law.
29
3o
31 2
Resolution No. 17-69. 74-P
1
2
3 A bill to be entitled
;4 An act relating to the Cit~ of Delray Beach, Palm
5
Beach county, Florida, amending Chapter 25786,
6
Special Laws of Florida, Acts of 1949, as amended,
?
same being the Charter of said city by amending
8
the entire present Article XVIII consisting of
9
10 Sections 125 through 142; providing for the issuance
11 of ge, neral obligation bonds to provide funds for
12 which the said city has the power and authority
13 to expend money; refunding bonds to provide funds
for the purpose of refunding bonds and other
15
obligations heretofore issued; revenue bonds
to finance revenue producing undertakings and
17
18 to be paid from revenue produced; excise tax
19 bonds to provide funds for any municipal purpose
20 except payment of current expenses and to be
21 ·
repaid from excise taxes and licenses; providing
22
for the issuance of assessment bonds payable
23
from the proceeds of special assessments levied
2;4,
25 against benefited lands;' providing for the rights,
26 security and remedies of all ~ond holders; and
six
27 for the sale and interest limitations of ~/~ and
one-half percent per annum thereof; and providing
29 when this act shall take effect.
3o
31 1
Resolution No. 17-69. 74-Q
1 Be It Enacted by the Legislature of the State of Florida:
2 Section 1. That Article XVIII consisting of Sections 125
3
through 142 of Chapter 25786, Special Laws of Florida, Acts
of 1949, as amended, s.ame being the Charter of the City of
Delray Beach, Florida, is amended to read as follows:
6
Substantial rewording of Article XVIII consisting of
?
8 Sections 125 through 142. See Chapter 25786, Special Laws of
:
9 Florida, Ac~s of 1949, Sections 125 through 142, for present
10 text.
11 Article XVIII. Bonds
12
Sec. 125. Authority of city to issue.
13
The city is authorized to issue general obligation bonds of
said city of such form, denomination and bearing such rate of
15 six
16 interest not to exceed ~gg/gh and one-half percent per annum
17 and becoming due in such time and upon such conditions as may
18 be determined for the purposes for which the said city has the
19
power and authority to expend money, some of which are
20
hereinafter named.
21
Sec. 126. General obligation bonds.
22
General obligation bonds may be issued under this Act for
23
2;4 the following purposes: floating the debt of the city; refunding
25 all or any previous issues of any type bonds and revenue
26 certificates; the establishment, purchasing, maintenance and
extension of public utilities, such as water, gas, or electric
light plants, and for the acquiring of sites for such public
29
utilities by purchase or condemnation; the construction and
3o
31 2
Resolution No. 17-69. 74-R
I and reconstruction of necessary municipal buildings, hospitals,
2 libraries, museums, sea walls, promenades, piers, wharves,
bridges, highways, sewerage systems, garbage collection and
disposal facilities, and ~and fly and mosquite eradication and
5
control; openings, paving and maintaining streets, viaducts,
6
7 subways, tunnels, sewers, and drains and canals or other open
8 waterways; purchasing necessary equipment for the fire
:
9 department; a'nd purchasing and acquiring park sites and
10 maintaining the same; to purchase land within or without the
11
corporate limits of the city for general public park purposes,
12
and to develop, improve, and maintain the same to be used as
13
zoological gardens, golf courses, tennis courts, baseball and
diamond ball grounds, and other recr.eational purposes; and for
15
16 such other municipal purposes or general benefit as are the
17 foregoing in their relation to the municipality.
18 Sec. 127. Approval by vote of freeholders prerequisite to
19 issuance.
20
The ~ity of Delray Beach shall have power to issue
21
general obligation bonds only'after the same shall have been
22
approved by a majority of the votes cast in an election, in which
23
2;4 a majority of the freeholders who are qualified electors,
25 residing in said city, shall participate, to be held in the
26 manner prescribed by this Charter or by ordinance.
27 Sec. 128. Issuance of refunding bonds; limitation.
That the City of Delray Beach be and it is hereby
authorized and empowered to issue refunding bonds of such
3o
31 3
Resolution No. 17-69. ' 74-S
I city for the purpose of refunding any bonds, or series of bonds, .
2 interest, coupons and other obligations heretofOre issued for
3
any purpose by the city and said city is authorized to issue and
sell said refunding bonds as prescribed by the laws of the State
of Florida, or exchange the sam, e in a manner provided by law.
6
Said refunding bonds shell bear such rate of interest as the
?
8 governing body of the City of Delray Beach shall determine ;pro ~iding, however,
that the refunding of outstanding Bonds and Interest a id Redemption
· Bremiums thereon be at a lower net average interest co 3t r~te,
10 9~I/f~f~f~/)~fg~f~'~/and shall mature at such times
11
and in such manner as said governing body shall determine.
12
Sec. 129. Same--Authority of city to make agreements.
13
The city council of the City of Delray Beach is hereby
empowered to enter into agreements with the holder, or holders
15
16 of any outstanding bond, or bonds, coupon, or coupons, or
17 other obligations heretofore issued, or now owning by said city
18 regardless of whether such bonds, or coupons, or obligations
are then due and payable, providing for the refunding of the
2O
indebtedness represented by such bond, and/or coupon, and/or
21
other obligations, upon such terms and conditions as may be
22
agreed upon.
23
2;4 Sec. 130. Agreement for refunding indebtedness--Contents;
25 scope.
26 An agreement for refunding of the outstanding indebtedness
27 of the City of Delray Beach, pursuant to the provisions of this
28
Act may provide for any or all the following:
(1) For the issuance, in the retirement of said outstanding
3o
31 4
Resolution No. 17-69. i 74-T
I bonds and/or coupons, and/or obligations of any class in such
2 proportions as may be agreed upon.
3 (2) For the levying of ad valorem taxes upon all taxable
property in the city which was previously obligated for the
5
payment of the bonds To be refunded,-without limitation of the
6
ad valorem tax rate, or amount for the payment of the principal
?
8 and interest of such refunding bonds.
9 (3) For the classification of the indebtedness of the City
10 · of Delray Beach being refunded into such classes as may be
11
agreed upon between the said city and the holders of bonds, or
12
other obligations being refunded, and the fixing of a definite
ratio between the amount of taxes levied for current expenses
14
and the amount of ~axes levied for the payment of the principal
15
16 and interest of bonds issued under the provision of this Act.
17 (4) For such other undertakings and covenants on the part
18 of the City of Delray Beach not inconsistent with the
19 Constitution of the State of Florida; and this Act shall be
2O
intended to confer upon the City of Delray Beach complete
21
power and authority to enter into such arrangements with its
22
creditors as may be necessary, or expedient for the purpose of
24 refunding its outstanding bonded indebtedness and other
25 obligations, and the interest .thereon, and this Act shall be
26 liberally construed to effectuate that intent.
27 Sec. 131. Scope of city's authority to refund bonds.
It is hereby declared to be the purpose and intent of ~his
29
Act to confer upon the City of Delray Beach additioual authority
3o
31 5
Resolution No. 17-69. 74-U
.~ and power to refund its outstanding indebtedness, including
2 bonds and interest coupons, and all rights and power granted
3 herein shall be supple~aenta.ry to and cumulative with all other
power and authority of law now existing for the issuance of
5
such refunding bonds.
6
Sec. 132 Definition.
?
8 Revenue bonds, excise tax bonds and assessment bonds
9 may be issued under the provisions of this article. W~enever
10 the words ~'bond" or "bonds~' only are used in this article such
11
words shall include the revenue bonds, excise tax bonds and
12
assessment bonds provided for in this article to the full extent
13
that the provisions of this article are applicable to such
different types of bonds. The city may in its discretion
15
16 designate any of such bonds as certificates instead of bonds.
1~ Sec. 133. Bonds.
18 (1) The city shall have power to construct, acquire,
19 repair, improve, extend and operate water systems, sewer
2O
systems, gas systems, electric systems, public parking
21
systems, including both off-street and on-street public parking
facilities, and to issue from time to time, revenue bonds
23
2;4 payable from the revenues derived from such water systems,
25 sewer systems, gas systems, electric systems, public
26 parking systems or any other revenue producing undertakings
or enterprises which the city is authoriz ed by this charier or
28
any other law to construct or acquire, (hereinafter referred to
as "revenue undertakings ), or any combination of such
3o
31 6
Resolution No. 17-69. 74-V
1 systems or other revenue undertakings, to finance or refi-
nance the cost or part of the cost of the acquisition, construc-
3
tion, reconstruction, repair~ extension or improvement of such
systems or other revenu, e undertakings or any combination
5
thereof, including the acquisition of any property, real or
6
,~ personal, or' mixed, therefo~ or other costs in connection
8 therewith,
9 (2) Any two or more of such systems or other revenue
10 undertakings may be combined and consolidated into a single
11
revenue undertaking, and may thereafter be operated and
12
maintained as a single revenue undertaking. The revenue
13
bonds authorized herein may be issued to finance any one or
15 more of such revenue undertakings separately,i or to finance
16 two or more of such revenue undertakings and regardless of
17 whether or not such revenue undertakings have been combined
18 and consolidated into a single revenue undertaking as provided
19 herein. If the governing body of the city deems it advisable,
20
the proceedings authorizing such revenue bonds may provide
21
that the city may thereafter combine the revenue undertakings
22
then being financed or theretofore financed with other revenue
2;4 undertakings to be subsequently financed by the city and that
25 revenue bonds to be thereafter issued by the city to finance
26 Such Subsequent revenue undertakings shall be on a parity with
27 the revenue bonds then being issued under such terms,
28
conditions and limitations as shall be provided, and may
further provide that the revenues to be derived from the
3o
31 ?
Resolution No. 17-69. ~! 74-W
I subsequent revenue undertakings shall at the time of the
2 issuance of such parity revenue bonds be also pledged to the
3 holders of any revenue bonds theretofore issued to finance the
revenue undertakings which are later combined with such
subsequent revenue undertakings.
6
7 (3) The city shall also have power to pledge as additional
8 security for such revenue bonds issued under this article any
9 utilities services taxes, cigarette taxes, francise taxes,
10 occupational license taxes, or any other excise taxes or other
11
funds which the city may have available to pledge to the
12
payment of the principal of or interest on such revenue bonds,
13
and for reserves therefor, except moneys derived from ad
14
valorem Taxes, or any two or more of such excise taxes or
15
16 other funds.
17 Sec. 134. Excise tax bonds.
18 The city shall also have power to issue from time to time
19 excise tax bonds payable from the proceeds of utilities services
20
taxes, cigarette taxes, francise taxes, occupational license
21
taxes, or any other excise taxes or other funds which the city
may have available to pledge to the payment of the principal of
23
2;4 and interest on said excise tax bonds, except moneys derived
25 from ad valorem taxes, to finance or refinance the cost or part
26 of the cost of the construction, acquisition, reconstruction,
27 extension, repair or improvement of any works, properties,
28
improvements or other purposes, except for the payment of
29
current expenses, which the city is authorized by this charter
3o
31 8
IResolution No. 17-69. .. 74-X
-~ or any other law to construct, acquire or undertake.
2 Sec. 135. Assessment bonds.
3 (1) The city shall have power to issue assessment bonds
to finance the cost, or part of the cost, of any works or
improvements which the city is authoriz ed by this charter
6
7 or any other law to construct, reconstruct or improve and to
8 specially assess the cost, or part of the cost, thereof against
9 the lands and real estate specially benefited thereby, in an
10 amount equal to the estimated cost after the confirmation of
11
the initial resolution authorizing such local improvements and
12
the letting' of contracts therefor, and in the amount of assess-
13
ments confirmed after the final confirmation and levy thereof,
and to pledge for the payment of such assessment bonds all or
15
16 any part of the special assessments levied or to be levied for
17 such works or improvements. The proceedings authorizing the
18 issuance of such assessment bonds may provide that all such
19 special assessments levied for such works or improvements
2O
may be deposited in a special fund, which may be pledged for
21
the payment of such assessment bonds, and for reserves
22
· therefor. The city may also pledge as additional security for
23
2~4 such assessment bonds any special assessments theretofore
25 levied for other works or improvements.
26 (2) The city shall also have power to issue assessment
27 bonds and to pledge for the payment thereof any special
28
assessments therefore levied for any such works or improve-
ments, regardless of whether such special assessments have
3o
31 9
Resolution No. 17-69. ' 74-Y
I been levied for any one work or improvement, or for two or
2 more works or improvements, and regardless of the times
3 when such special assessments were levied for such works or
improvements. The pr.oceedings authorizing the issuance of
such assessment bonds may provide that all such special
6
assessments levied for suctY works or improvements may be
?
8 deposited in a special fund which may be pledged for the
9 payment of such assessment bonds and for reserves therefor.
10 (3) Notwithstanding any other provisions of this cha'rter
11
or of any other law or laws to the contrary, the proceedings
12
authorizing the issuance of any of such assessment bonlds may
13
provide that any special assessments, or any part thereof,
pledged for the payment thereof, regardless of the time of the
15
16 levy of such special assessments, may be paid in full, with or
17 without interest in the discretion of the city, within a period to
18 be determined by the governing, body of the city, and that after
19 the expiration of such period the annual installments of such
2O
special assessments becoming due thereafter may not be paid
21
prior to the maturity dates of such annual installments except
22
upon payment of all interest due or to become due to the
24 respective maturity dates of such annual installments, or
25 under such terms and conditions as to prepayment of such
26 annual installments as the governing body of the city shall
27 determine.
(4) The power to issue the assessmen~ bonds provided for
in this section shall be deemed additional and supplemental
3i 10
Resolution No. 17-69. 74'Z
I authority, and shall no~ affect the power of the city to issue
2 assessment bonds or other assessment obligations under any
3 other provisions of this charter or under any other law.
(5) The city shall also have power to pledge any special
5
assessments as additional security for the payment of any
6
revenue bonds or excise tax bonds issued to finance the works
8 or improvements for the cost, or part of the cost, of which
9 said special assessments have been or are to be levied, under
10 such terms and conditions as the governing body of the city
11
shall determine.
12
Sec. 136. Items constituting costs To be financed.
13
The cost of any works, properties, improvements or
other purposes financed by the issuance of bonds under this
16 section shall include, but not be limited to, construction,
17 costs, engineering,, fiscal or financial and legal expenses,
18 surveys, plans and specifications, interest during construc-
19 tion or acquisition and for one year thereafter initial reserve
2O
funds, discount, if any, on the sale or exchange of bonds,
21
acquisition of real or personal property, including franchises,
22
and such other costs as are necessary and incidental to the
24 construction or acquisition of such works, properties,
25 improvement or other purposes and the financing thereof. Th~
26 city shall have power to retain and enter into agreements with
27 engineers, fiscal agents or financial advisers, attorneys,
28
architects or other consultants or advisers for the planning,
supervision and financing of such works, properties,
30
31 11
74-AA
ResolutionT~No. 17-69. ,-
I improvements or other purposes upon such terms and
2 conditions as shall be deemed advisable to the governing
3 body of the city.
Sec. 137. Pledging full faith and credit and ad valorem taxing
power.
6
(1) The city shall also have power to pledge as additional
?
8 security for the payment of any revenue bonds, excise tax
9 bonds or assessment bonds its full faith and credit and ad
10 valorem taxing power, and to provide that such revenue bonds,
Il
excise tax bonds or assessment bonds shall be payable as to
both principal and interest, and reserves therefor, from ad
13
valorem taxes levied on all taxable property in the city without
1;4
limit as to rate or amount to the full extent that any revenues,
16 excise taxes or special assessments, or any combination
17 thereof, pledged therefor are insufficient for the full payment
18 of the principal of and interest on such revenue bonds, excise
19 tax bonds, or assessment bonds, and reserves therefor;
2O
providedj however, that the full faith and credit and taxing
21
power of the city shall not be pledged for the payment of such
22
revenue bonds, excise tax bonds or assessment bonds unless
23
2;4 the issuance of the same has been approved at an election of the
25 qualified electors residing in said city who are freeholders
26 called and held in the manner provided in the Constitution and
27 statutes of the State of Florida relating to freeholder elections.
28
(2) Notwithstanding any other provisions of this charter or
29
of any other law or laws to the contrary, however, no approval
3o
31 12
Resolution No. 17-69. j 74-BB
I of the qualified electors residing in said city, or the qualified
2 electors residing in said city who are freeholders, or any
3 referendum or election of any kind relating to the issuance
thereof, shall be required for the issuance of any of said
5
revenue bonds, excise tax bonds or assessment bonds unless
6
the full faith and credit and ad valorem taxing power of the city
?
8 is pledged for the payment of such revenue bonds, excise tax
9 bonds or assessment bonds.
10 Sec. 138. Interest, financing period and sale of bonds.
1! (1) The provisions of this section shall apply to any
!2
revenue bonds, excise tax bonds or assessment bonds issued
13
under this article. Said bonds may be authorized by resolution
or resolutions of the governing body of the city, which may be
15
16 adopted at the same meeting at which they are introduced by a
17 majority of all the members thereof then in office and need not
18 be published or posted. Said bonds shall bear interest at a
six
19 rate or rates not exceeding ~/~4/~yn and one-half per centum
6
2O
(~' 1/2%) per annum, may be in one or more series, may bear
21
such date or dates, may mature at such time or times not
22
exceeding forty (40) years from their respective dates,
2;4 except that assessment bonds shall not mature later than two
25 years after the maturity of the last annual installment of the
26 special assessments pledged for the payment of such
27 assessment bonds, may be payable in such medium of
payment, at such place or places within or without the state,
may carry such registration privileges, may be subject to
30
3i 13
esolution No. 17-69. 74-CC
I such terms of prior redemption, with or without premium,
2
may be executed in such manner, may contain such terms,
covenants and conditions, and may in such form otherwise as
such resolution or subs. equent resolutions' shall provide. Said
5
bonds may be sold, or exchanged for refunding bonds, or
6
delivered to contractors in payment for any part of the works
?
8 or improvements financed by such bonds, or delivered in
:
9 exchange for any properties, either real, personal or mixed,
10 including franchises, to be acquired for such works or
11
improvements, all at one time or in blocks from time to
12
time, in such manner as the governing body of the city in
13
its discretion shall determine.
(2) Pending the preparation of the definitive bonds,
15
16 interim certificates or receipts or temporary bonds ih' such
19' form and with such provisions as the governing body of the city
18 may determine may be issued to the purchaser or purchasers
19 of the bonds issued hereunder. Said bonds and such interim
2O
certificates or receipts or temporary bonds shall be fully
21
negotiable and shall be and constitute negotiable instruments
22
within the meaning of and for all purposes of the law merchant
23
2;4 and the Uniform Commercial Code law of the State of Florida.
25 (3) Said bonds may be issued to refund any obligations
26 theretofore issued to finance such revenue undertakings, works
or improvements theretofore issued under any law or laws, or
28
for the combined purpose of refunding such outstanding
obligat'ions and the construction, reconstruction, extension
3o
14
~'Resolution No. 17-69. 74-DD
I or improvement of such revenue undertakings, works .or
2 improvements, or any other revenue undertakings, works or
3 improvements~ pr~)vided, however, that such refunding sh 11 be at
~4 lower net average interest-cost rate than the obligatio: s being
Sec. 139. Contents of bond resolution, refunded.
(1) Any resolution authorizing the issuance of bonds under
this article may contain covenants as to:
?
8 (a) The purposes to which the proceeds of said bonds
9 may be applied, and the securing, use and disposition thereof;
10 (b) The use and disposition of revenues derived from
11
revenue undertakings, excise taxes~ ad valorem taxes or
12
special assessments pledged for said bonds, and the creation
13
and maintenance of reserve funds;
(c) The pledging of all or any part of the gross
15
16 revenues derived from revenue undertakings, excise taxes,
17 ad valorem taxes or special assessments to the payment of the
18 principal of and interest on bonds issued pursuant to this
19 article, and for such reserve and other funds as may be deemed
20
necessary or desirable;
21
(d) The fixing, establishment, collection and
22
maintenance of fees~ rentals or other charges for the use
23
24 and services of facilities of such revenue undertakings, and
25 of the rates or amounts of such excise taxes, ad valorem taxes
26 or special assessments pledged for such bonds as will always
27 ~rovide funds sufficient to pay the principal of and interest on
28
such bonds, and all reserves and othei~ funds required by the
29
terms of the resolution or resolutions authorizing the issuance
3o
31 15
Resolution"~No. 17-69. 74-EE
I of.s]hCh bonds;
2 (e) In the enforcement of the collection of revenues
3
when same shall noz be paid when due, by discontinuance and
shutting off the services to facilities of such revenue under-
takings until such fees, rentals or other charges, including
6
? interest, penalties and charges for shutting off and discontinu-
8 ance or the restoration of such services and facilities are fully
9 paid; by any other lawful method of collection;
10 (f) Limitations or restrictions upon the issuance of
ll
additional bonds or other obligations payable from the revenues
12
of such revenue undertakings, such excise taxes, ad valorem
13
taxes or special assessments, and the rights and remedies of
the holders of such additional bonds, or refunding bonds,
15
16 issued thereafter, and the rank and priority, as to lien and
17 source and security for payment from the pledged funds
18 between bonds issued pursuant to this article and bonds there-
19 after issued;
20
(g) The appointment of a trustee or trustees to hold
21
and apply any funds provided for in this article and the
22
appointment of a receiver upon default of the city in the
23
2~4 payment of the principal of and interest on said bonds or
25 default under the terms and covenants contained in the
26 proceedings authorizing the issuance of the same;
27 (h) Such other and additional covenants as shall be
28
deemed desirable or necessary for the security of the holders
29
of the bonds issued pursuant to this article.
3O
3]- 16
Resolution No. 17-69. 74-FF
' (2) Ail such covenants and agreements shall constitute
2 valid and legally binding contracts between the city and the
3
holders of any bonds issued pursuant to this article regardless
of the time of issuance .thereof, and subject to any limitations
5
contained in the proceedings authorizing the issuance of such
6
7 bonds, shall be enforceable'by any holder or holders of such
8 bonds, acting either for himself or themselves alone, or acting
9 in behalf of all other holders of such bonds, by appropriate
i0 proceedings in any court of competent jurisdiction.
11
Sec. 140. Security of bondholders.
12
The holders of the bonds issued pursuant to this a~ticle
13
shall have a lien upon revenues derived from revenue under-
15 takings, excise taxes, ad valorem taxes or special assess-
16 ments pledged therefor to the extent and in the manner
17 provided in the resolution authorizing the issuance of such
18 bonds, which lien shall be prioF and paramount and over and
19 ahead of any claims or obligations of any nature against said
20
pledged funds subsequently arising or subsequently incurred,
21
except as may be provided in the resolution or resolutions
22
authorizing such bonds.
2~4 Sec. 141. Supplemental powers.
25 The powers conferred by this article shall be in addition
26 ~ and supplemental to the existing powers of the city, and this
article shall not be construed as repealing any of the provision,,
of any other law, general or local, or charter provision, but
to provide an alternative and complete method for the exercise
3O
31 17
Resolution No. 17-69. 74-GG
I i of the powers granted in this article. Such revenue under-
2 takings may be constructed, acquired or improved and such
~ revenue bonds, excise tax bonds and assessment'bonds issued
pursuant to this article without regard to or necessity for
compliance with the limitations or restrictions contained in
6
7 any other charter provision, general, special or local law,
8 including, but not limited to, any requirement for the approval
9 by the qualified electors residing in said city or qualified
l0 electors who are freeholders residing in said city for the
ll exercise of any of the powers provided in this article, except
12
as provided in section 137 of this article for the pledge of the
13
full faith and credit and ad valorem taxing power of the city as
additional security for such revenue bonds, excise tax bonds or
15
16 assessment bonds issued pursuant to this article.
17 Sec. 142. Saving clause.
18 If any part or provision of this Act shall b~ found invalid
19 by any cour~ it Shall be presumed that this Act would have been
2O
passed by the legislature without such invalid part of provision
21
and the Act as a whole shall not%e deemed invalid by reason of
22
the fact that one or more parts or provisions may be found
24 invalid by any court·
25 Section 2. All laws or par~s of laws in conflict herewith
26 are hereby repealed.
27 Section 3. It is declared to be the legislative intent that if
any portion of the Act is held invalid, the remaining provisions
29 'of this Act shall not be affected but shall remain in full force
3o
31 18
l Resolution No. 17-69. 74-HH
I and effect.
2 Section 4. This Act shall take effect immediately upon
, becoming law.
6
?
8
9
!0
!i
12
13
15
19
20
2!
22
26
27
3o
31 19
_ Resolution No. 18-69. 74-II
1
2
3 A bill to be entitled
An act relating to the City of Delray Beach, Palm
5
Beach County, Florida, amending Chapter 257.86,
6
Special Laws of Florida, Acts of 1949, as amended,
the Charter of said city b~
same
being
amending
11 · II
9 Section 188 thereof providing that the Pubhc Beach
10 shall be defined as that beach lying between the
11 north and south boundaries of Section 16, Township
12
46 South, Range 43 East.
13
Be It Enacted by the Legislature of the.State of Florida:
Section 1. That Section 188 of Chapter 25786, Special
Laws of Florida, Acts of 1949, as amended, same being the
17 Charter of the City of Delray Beach, Florida, is amended to
18 read as follows-
19 The city council shall not in any manner alienate ~rom the
20 · public, the Public Beach, lying between the north and south
21
boundaries of Section 16, Township 46 South, Range 43 East,
22
or any part thereof, of the City of Delray Beach, Florida.
23
Section 2. All laws or parts of laws in conflict herewith
· are hereby repealed.
25
26 Section 3. It is declared to be the legislative intent that if
27 any portion of the Act is held invalid, the remaining provisions
28 of this· Act shall not be affected but shall remain in full force
3o
31 1
Resolution No. 18-69. 74-JJ
I and effect.
2 Section 4. This Act shall take effect immediately upon
3 becoming law.
5
6
?
8
9
10
11
13
15
i?
19
2O
21
22
23
25
26
3O
31 2
74-KK
RESOLUTION NO. 19-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REOUESTING THE LEGISLA-
TI%~ DELEGATION OF PALM BEACH COUNTY, FLORIDA,
TO PRESE~ CERTAIN BILLS BEFORE THE 1969 SESSION
OF THE FLORIDA LEGISLATURE AMENDING THE CHARTER
OF THE CITY OF DELR~Y BEACH, FLORIDA.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, that its City Attorney, G. Robert Fellows, be, and he is here-
by authorized to prepare in compliance with the Charter of the City of
Delray Beach, and forward to the Palm Beach County Legislative Delega-
tion for submission to the 1969 Florida Legislature for enactment,
Special Acts constituting Charter Amendments to the existing Charter
of the City of Delray Beach, Florida, pertaining to the following sub-
ject matters~
(a) Sec. 24. "Compensation of members", be amended to increase
the limits of maximum salary of councilmen to two hundred dollars
($200.00) per month, and the mayor to three hundred dollars ($300.00)
per month.
(b) Sec. 47. "Establishment--Appointment of judge; qualifica-
tions; compensation--Sessions, when held", be amended to change the
qualifications for municipal judge and provide for the present Muni-
cipal Judge Ernest G. Simon to serve until the first Monday in
January, 1970.
(c) Sec. 58. "Appointment; qualifications" be amended to change
the qualifications for city attorney.
(d) Sec. 83. "Tax Assessor, duties" be amended to change the
filing date of'Mamch'te the. first day of April as the filing date for
the tax assessor and personal property valuation of owners.
(e) Article XVIII. "Bonds and Revenue Certificates" be amended
by updating and providing for issuance of General Obligation Bonds and
Revenue Bonds and increasing interest limitations thereon.
(f) Sec. 188. "Alienation of public beaches" be amended to
define the Public Beach of the City of Delray Beach.
BE IT FURTHER RESOLVED that the City Attorney be authorized to
take any and all necessary steps to prepare the necessary bills and
to aid the Legislative Delegation in the introduction and passage of
the above legislation.
PASSED AND ADOPTED this 28th day of April, 1969.
CITY OF DELRAY BEACH, FLORIDA
By../S./..q.. L-..Sau~d.e...r~
MAYOR
ATTEST:
/S/ R. D. Worthin~ City Clerk
74-LL
~ P~SOLUTION NO,~ 20~69.
A 'RESOLUTION ~ OF THE CITY COUNCIL"OF TH2 CITY
OF' DELRAY ~B~ACH% ~LORZDA~. LEV~IN~ COSTS FOR
DEMOLITION 0~.' ~.BU~L~N~S UPON ~/~TAIN. LANDS'
LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL
COSTS INCURRED BY'SAiD CITY TO ACCOMPLISH
i SUCH DEMOLITION AND ~LEVYING T~E, COST FOR SUCH
DEMOLITION AS A,,SPECiAL 'ASSESSMENT, AND DE-
CLARING SAID SPECIAL ASSESSMENT TO BE A LIEN
UPON SAZD PROPERTY IN AN AMOUNT .AS SHOWN BY
REPORT OF THE BUILDING~ OF~ICIAL.OF DELRAY
BEACH, FLORIDA.
WHEREAS, the Building Official of the .City of Delray
Be~ch, did, on the ..1,.2t.h day of Auqust 19 68 .... ,
mail notice of unsafe structure listing the Vi0i'sti0n~' of the pro-
visions of 'Chapter 15A of the C~e of Ordinances, Housing Stand-
ards, to:
Mdb,el BrOwn &n~.d .Elms Kerr concerning
(name)
the South'-30 feet of Es,st 845. feet of Nort.h 153 feet,. Block 11
(legal description of property)
located at ..... 158 N.,~W~ ~6th..,.A..venue,, D~e!r~¥ Be..ac,,h ..... . ~ .; and
(street address)
WHEREAS. the owner hereinabove named did .fail and neglect
to comply with ~he notice, and the. City did provide for correction
of said determined violation at a total cost of $ ,35,,0.00 ; and
WHEREAS, the owner hereinabove named did fail to pay the
cost o.f $_350,.00 to the .City .of Delray Beach within the speck-
fied time,, and a-~'~blic hearing~ waS~.provided in compliance with the
~gulations, set forth in subparagraph (c), Section 15A-41 of the
Code of Ordinances.
NOW, -THEREFORE, BE IT RESOLN~D BY T~E CITY COUNCIL OF THE
CITY OF DELRAY BEACH., FLORIDA, AS FOLLOWS:
1. That an assessment in the amount as' shown by the re-
pOrt of the Building Officialof the City of Delray Beach, involving
the City's cost of abatemen~of said nuisance haVing been determined
by the Building Official, to exist on the land hereinab°ve described,
is levied as a special assessment against said described land. Said
assessment so levied shall be a lien upon the land described herein,
of the same nature and to the same extent as'the lien for general
city taxes and shallbe"collectible in the same manner and with the
same penalties and under the same proviSions.as to sale and foreclo-
sure as city taxes are collectible, and shall become effective
mediately upon the adoption, of this resolution and shall bear inter-
est thereafter at the rate of~ix per cent (6%) per annum. The
owner may pay the amount of suchlien, including interest, in thirty
(30) equal, consecutiVe, monthly installments, commencing on the
first day of the month following the adoption of this resoiution.
2. That a"copyof 'this resolution~shall be served on the
owner of the above described property by certified~mail withinten
(10) days of the date of its adoption, and a ~opy of this resolution
shall be published once each week for four consecutiveweeks in a
newspaper of general circulation within the City.',
PASSED a~d ADOPTED in red. tar session onthe 28th day
of April , 19 69 .
/S/ j. L. Saunders
ATTEST: M A Y O R
Clerk
74-MM
RESOLUTION NO. 21-69.
A RESOLUTION OF 'THE CITY COUNCIL OF~TH~ CITY
OF .DELRAY '-BEACH, FLORIDA, LEVYIN~COSTS FOR
DEMOLITION OF BUILDINGSUPON~CERTAINLANDS
LOCATED WITHIN SAID CITY; SETTING OUT'ACTUAL
COSTS"INCURRED BY SAID CITY TO ACCOMPLISH
SUCH DEMOLITIONAND.LEVYINGTHE COST FOR SUCH
DEMOLITION AS A SPECIAL ASSESSMENT, AND DE-
CLARING'SATD SPECIAL ASSESSMENT TO BE A LIEN
UPON SAID PROPERTY IN ANAMOUNT AS SHOWN BY
REPORT OF THE BUILDING OFFICIAL OF DELRAY
BEACH, FLORIDA.
WHEREAS, the Building Official of the City of Delray
Beach, did, on the 18th day of October .~ . ~19 ....68 ,
mail notice of unsafe structure listing the violati0n~ of the pro-
visions of Chapter 15A of the Code of Ordinances, Housing Stand-
ards, ta: Delra Beach Improvement Corporation concerning
(name)
Lot 15,.~1ock, 2, ~riest'~,Addition to Atlantic Park Gardens
(legal description of property)
located at 110 s. ?~...14~ Avenqe,..De%.ra¥ Deach ..... ; and
(street address)
WHEREAS., ~e owner 'hereina~ove named d~d fail and neglect
tO complywith the ~tice,,and the Cxty-did provxde for correction
of said determined vio~ation at a total ~ost of $ 250.00 ; and
WHEREAS, the owner hereinabOve named did fail to pay the
=ost of $. 250~00 to the City of Delray-Beach within the speci-
fied time, and a 9~1ic hearing-was provided in compliance with the
~gulations set forth in subparagraph (c), Seetion 15A-41 ofthe
Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVSD BYTHE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That an assessment in the amount as shown by the re-
port of the BUild~ng'~Official of the City of Delray Beach, involving
the City's cost'of abatement of said nuisance having been determine~
by the Building Official, to exist on the land hereinabove described,
is levied as a special assessmentagainst said described land. Said
assessment so levied sba. Il be a lien upon the land described herein,
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 un,er the' ~ame provisions as to sale and foreclo-
sure as city taxes are collectible, and shall become %ffective im-
mediately upon the adoption of this resolution and.shall bear~inter-
est thereafter at the rate of six per cent (6%) per annum. The
owner may pay the amount of such ~ien, inoluding interest, in thirty
(30) equal, consecutive, monthly installments, c~mmencing on the
first day of.the month following the adoption of this resolution.
: 2. That a ~op~'~.of this~ resolution shall be served on the
owner of the above described~propertyby c~rt~£ied mail within ten
(10) days of the date of its adoPtion~ and a copy of this resolution
shall be published once each week for f~mr c~nsecutive weeks in a
newspaper of general circulation within the City.
PASSED and ADOPTED in re,ar .session on the 28th day
of April , 19 69. .
~/S/ J..L. Saunders
ATTEST: M A Y O R
/S/ R. D. Worthing
cit cler -.-
RESOLUTION NO, :22-69.
A REsolUTIoN OF TH~ CITY' COUNCIL OFT HE CITY
OF~..DELRAY BEACH,. FLOR-IDA ~ ~V~T~N~.COSTS FOR
DE~{OLITION OF BUILDINGS .UPON CERTAIN LANDS
LOCA. 'TED WITHIN SAID CITY~' SE~ING 'OUT aCTUAL
COSTS INCURR~ BY SAID CITY TO ACCO~LDLISH
SUCH DEMOLITION AND 'LEVYING THE COST FOR SUCH
DEMOLITION AS A SPECIAL ASSESSMENT, AND. DE-
CLARING SAID 'SPECIAL ASSESSMENT TO BE A LIEN
UPON SAID PROPERTY IN AN AMOUNT :AS SHOWN BY
REPORT OF T~ BUILDING 'OFFICIAL OF DELRAY
BEACH, FLORIDA. ..
WHEREAS, the Building· Official-of ~he City of Delray
Beach, did, on the ~8~h,~ day. of October' - 19~ 68 ,
mail notice of Unsafe'Structure listing the Violations of the pro-
visions of Chapter 15A of the Code of Ordinances, Housing Stand-
ards, to:
Laura A. Veasev concerning
(name)
Lot 15, Block 3, Odmann's Sub~divisi°n
(legal description of property)
located at 26 S. W~.~ 14th Avenue, D..e. lra~.. Beach ; and
(street address)
WHEREAS, the.owner hereinabove named did fail and neglect
to comply with the ·notice, and the City did provide for correction
of said determined, violation at a total cost of $. 250,00 ; and
WHEREAS, the 'owne=~ hereinabove named did fail to pay the
cost of $·250.00' . to the :City of Delray Beach within·the speci-
fied time, and a public hearing waS-provided in compliance with the
· regulations set forth in subparagraph ,(c), Section 15A-41 of the
Code of Ordinances.
NOW; THEREFORE,. BE' IT:' RESOLVED BY THE~ CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:'
1. That an assessment in the amount as .shown by the re-
port of the BUilding Official of the City of Delray Beach, involving
the City's cost of abatement of said nuisance having .been determined
by the Buildin~ Official, to exist on the land hereinabove described,
is levied as a special assessment against said described land. Said
assessment so levied Shall be a lien upon the land described herein,
of the same ·nature and. to the same extent as the l~n 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 foreclo-
sure as.city taxes are collectible, .and shall become ..effective im-
mediately upon the adoption of. this resolution and. shall bear inter-
est therea-fter at the rate of six per cent (6%} per~ annum. The.
owner may pay the amoUnt of such lien, including interest, in thirty
(30) equal, consecutive,., monthly installments~ commencing on the
first day of the month roi:lowing the adoption of this resolution.
2.' That a copy of this resolution shall be served on the
owner of the above described property by. certified mail within ten
· (10) days of the date of its adoption, a~d a Copy. of this resolution
shal~be published once each week for' four consecutive weeks in a
newspaper o~ general .circulation within the City.
PASSED and ADOPTED in regular session on .the 28th day
of ~pr±l , 19 69 ·
· ~ /~S/.J.L. Saunders ....
ATTESTi " M A Y O R ~.-
/S/ R..D. Worthinc
city Cler
74-00
RESOLUTION NO. 23-69.
A RESOLUTION. OF THE CITY COUNCt~L OF THE CITY
OF DELRAY BEACH, ,FLORIDA, LEVYING COSTS FOR
DE~4OLITION OF BUILDINGS UPON CERTAIN LANDS
LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL
COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH DF24OLITION AND LEVYING THE COST FOR SUCH
DEMOLITION AS A SPECIAL ASSESSFZSNT, AND DE-
CLARING SAID SPECIAL ASSESSMENT TO BE A LI~N
UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY
REPORT OF THE BUILDING OFFICIAL OF DELRAY
BEACH, FLORIDA.
WH~RsAs, the-B~ilding Official of the City of Delray
Beach, did, on the. L27th day of
mail notice of.unsafe structure listing the violations of the pro-
visions of ChaPter~.15A .of the Code of Ordinances, Housing Stand-
ards, to:
Samuel D. & Alberta W. Dobson,. ~ concerning
(name)
Lot 7, BloCk.· ,4~3.
(legal description of property)
located at ~ 109 N.-W.~3rd Avenue~ ........ Delray- BeaCh.' ; and
(Street address)
WHEREAS, the owner hereinabove named did fail and neglect
to comply with the notice,, and the City did provide for correction
of said determined violation at a total.cost of $_290.00 .~ _.; and
WHEREAS, the owner hereinabove named did fail to pay the
cost o~ $290.00 to the City of Delray Beach within the speci-
fied t~me,~<and'"'a ~dbiic hearing was provided in compiiance with the
E~gulations se~ forth in subparagraph (c), Section 15A-41 of the
Code of ordinances.
NOW, THEREFORE, BE .IT RESOLVED BY TI~ CITY COUNCIL OF THE
CITY OF DELRAY BKACH, FLORIDA, AS FOLLOWS:
1. That an assessment in the amount as shown by the re-
port of th~ B~ilding Official of the City of De,ray Beach, involving
the City's cost of abatement of said nuisance having been determined
by the Building official, to exist on the lan~ hereinabove described,
is levied as a special assessment against said described land. Said
assessment so !evied shall be a lien upon the land described herein,
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 foreclo-
sure as city taxes are collectible, and shall become effective im-
mediately upon the adoption of this resolution and shall bear inter-
est thereafter at the rate of six per cent (6%) per' annum. The
owner may pay the amount of such lien, including interest, in thirty
(30) equal, consecutive, monthly installments, commencing on the
first day of the month following'~he adoption of this resolution.
2. That a copy of this resolution shall be served on the
owner of the above described property by certified mail within ten
(10) days of the date of its adoption, and a copy of this resolution
sha:11 be published once each week for four consecutive weeks in a
newspaper of general circulation within the' City.
PASSED and ADOPTED in regular session on the 28th day
of April , 19 69
?S/ J, ,L. Saunders
ATTEST: M A Y O R
/S/ R. D. Worthin~
74-PP
ORDINANCE NO. 19-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMEHDING
CHAPTER 23A OF THE CODE OF ORDINANCES
OF SAID CITY BY. PROVIDING FOR ALL REF-
ERENCES IN SAID CHAPTER 23A TO' 'DIRECTOR
OF PUBLIC WORKS ' AND ' BUILDING INSPECTOR'
TO BE CHANGED TO ' CITY ENGINEER' AND
'DIRECTOR OF PLANNING, ZONING & INSPECTION'
RESPECTIVELY. ~
WHEREAS, the duties of the Director of Public Works
and the Building Inspector, as relating to approval of
all regulations and. requirements set forth in Chapter 23A
(Subdivisions) of said Code of Ordinances, have been as-
sumed by the city Engineer and the Director of. Planning,
Zoning and Inspection;
NOW, i THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
"Section 1. That Chapter 23A in the Code of Ordi-
nances of said City of Delray Beach be and the same is
hereby amended by changing 'Director of Public Works'
'to 'City Engineer' and 'Building InspeCtor' to 'Director
of Planning, Zoning and Inspection', wherever such identi-
fied officials appear in said Chapter 23A.
PASSED in regular session on the second and final
reading on this the 12th day of May , 1969.
/S/ J. L. Saunders
MAYOR
ATTEST:
~S/ R.'~D. Worthing City clerk
First Reading 'April 14, 1969
Second Reading May !2~:~69....
74-QQ
ORDINANCE NO. 20-69.
AN ORDINANCE OF ~ CITY COUNCIL.OF T~E CITY OF
DELRAY BEACH' FLORIDA, ANneXING TO THE CITY OF.
DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION 28,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE
CONTIGUOUS TO. EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIES OF. SAID CITY TO
INCLUDESAID LANDS; PROVIDING FOR TH~ RIGHTS AND
OBLIGATIONS OF SAID LANDS; AND' PROVIDING FOR THE
ZONING THEREOF.
WHEREAS, D. RICHARD MEAD, JR. and CHARLES.W. ERAZNELLare the fee
simple owners of the property hereinafter described, and
W~EREAS, D. RICHARD MEAD, JR. and CHARLES W~ BRAZNELL, bY their
petition, have consented and given permission for the annexation of
said property by the City o~ De. lray Beach, and
.WHEREAS, the City of Delray Beach has heretofore been authorized
to annex lands in accordance-with Section 185.1 of theCity 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 BeachCounty, Florida, hereby annexes to said city the following
described tract of land located in Palm Beach. County, Florida, which
lies contiguous to said City, to-wit:
That part of the South 100 feet of the North 2570 feet
of Section 28, Township 46 South, Range 43 East, lying
East of State Road ALA.
SECTION. 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
.scribed tract of land and said land is hereby declared to be within
'the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the tract of land hereinabove described is here-
by declared to be in Zoning District RM-1A, as defined by existing
ordinances of the City of Delray Beach, Florida.
SECTION 4. That the land hereinabove described shall immediately
.become s~bject to all of the franchises, privileges, immunities, debts
(except the existing bonded i~Q~~s ).,..q~.l.~ga~!~ns, liabilities,
ordinances and laws ta .which lands in_th~ ~i~y .o~.D.~lr~_~_h__~re now
Orthe~YCityhe~ofana-Deraon~-re.siding '~her'e°nDelray Beach. shall be. deemed citizens of
SECTION 5. That if any word, phrase, clause, sentence or part
of this or~inanceshall be declared illegal by a court of competent
jurisdiction, such record of illegality shall in no way affect the
remaining portion. :~' ~ ''
PASSED in regular session on the second and final reading on the
12th day of May , 1969.
ATTEST: M A Y 0 R
/S/ R. D. Vorthing City Clerk
First Reading APril 14, 1969 Second Reading ''May 12, 1969
74-RR
ORDINANCE NO. 21-69.
AN ORDINANCE OF THE CITY GOUNCIL OF T~E CITY OF
DELRAY: BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LANDS LOCATED IN SECTIONS
18 and 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING
FOR THE ZONING THEREOF.
WHEREAS, ZORN E~ERPRISES INC. is the fee simple owner of the
property hereinafter described, and
WHEREAS, ZORN ENTERPRISES INC., by its Petition, has consented
and given permission for the annexation of said property by the City
of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been authorized
to annex lands in accordance with Section 185.1 of the City Charter of
said City granted to it by the State of "Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach,
Palm Beach County, Florida, hereby annexes to said City the following
described tract of land located in Palm Beach County, Florida, which
lies contiguous to said City, to-wit:
Starting at a point where the South right-of-way line of
Atlantic Avenue (State Road 806) intersects with the West
right-of-way of Homewood Boulevard, thence running 1,356
feet Westerly along said South right-of-way line of Atlantic
Avenue (State Road 806) to the East line of Section 13, thence
Southerly 4,243 feet to the North right-of-waY line of Lowson
Boulevard, thence Easterly 1,350 feet along said~North right-
of-way line of Lowson Boulevard, thence Northerly 4,375 feet
along the West right-of-way Iine of Homewood Boulevard to the
point of beginning, a part of the above described property is
in Section 18, TOwnship 46 South, Range 43 EaSt, and part in
Section 19, Township 46 South, Range 43 East, Palm Beach Coun-
ty, Florida, containing 125 acres, more or less.
SE~TIO~ 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
scribed t. ract of "~ and sai~ land i~ hereby declared to be within
SECTION 4. 'That the land h~~ des~w~.. ~11 immediately
become subject to all of the..~ranchises, privileges, immunities, debts,
obligations, liabilities, ordinances and laws to which lands in the
City of Delray Beach are now or may be-, and persons residing thereon
shal~ be deemed citizens of the City of Delray Beach.
SECTION 5. That if any Word, phrase, clause, sentence or part of
this ordinance shall be declared illegal by a court of competent juris-
diction, such record of illegality shall in no way affect the remaining
portion.
PASSED in regular session on the second and final reading on the
12th day of May , 1969.
/S / ~..L.. SAUNDERS ~
ATTEST:" M A Y O R.-
?/S/ R. D. WORTHING
.... ·, , - . ~. ~. , L ~,, _t.. , .. ~ ~.~.,.~,~._ ~ .... j~.
PirSt Reading A~m~] 1.~., 1969. Se~ona Reading May 12, .1969_