09-08-69 1;35,
SEPTEMBER 8, 1969
A regular meeting of the'City Council of the City of Delray Beach
was held in the COunCil Cb.ambers at 8~00 P.M., with Mayor J. L. Saunders
in the Chair, CityManager David M. Gatchel, City Attorney G. Robert
Fellows and Councilmen John L~ Pitts, III, James H. Scheifley, James
B. Wilson and O. F. Youngblood being present.
1. An opening prayer was delivered by Pather Timothy Harmon.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. Mr. Pitts suggested an amendment to Item 9.a., No. 1 in the August
25, 1969 Council minutes which would cause the last two paragrgphs of
that item to read as follows:
"Mr. Bob Scott of Fort Lauderdale, representing the petitioners,
and Mr. Charles W. Braznell, one of the petitioners, explained
the amount of planning and time it took to prepare plans for the
development of this Parcel of land and their 200 foot parcel of
land adjoining it to the south; also in answer to questions by
Council, it was explained that by changing plans for the North
section an even higher density could be legally achieved.
Planning and Zoning Director, Mr. Abbott, concurred En this
statement.
Mr. Pitts then stated that since a higher density could be
legally achieved on that'property, he would withdraw his second
to the motion.
Following further discussion, Mr. Youngblood moved to sustain
the recommendation of the Planning Board and approve said Site
Plan, the motion being seconded by Mr. Wilson. Upon call of
roll, Mr. Pitts, Mr. Wilson, Mr. Youngblood and Mayor Saunders
voted in favor of the motion and Mr. Scheifley was opposed."
Mr. Wilson moved to approve and accept the amendment to the minutes
of the regular Council meeting of August 25, 1969, the motion being
seconded by Mr. Youngblood and unanimously carried.
4. City Clerk Worthing read the following letter from Congressman
Paul G. Rogers, dated September 3, 1969:
"Thank you for letting me have the benefit of your views on
the. tad'bill before Congress.
As you knoW, the House has adopted the tax reform bill by
a vote of 394 to 30. The e~tire Florida Delegation voted
'yes'. Under the procedure adopted by the House (which I voted
against), the blll was not open to amendment on the Floor.
We had to accept or reject the entire package. Looking at it
in that light, it was my feeling that it offered the first
meaningful tax reform since 1913, and that its good features
were urgently needed. I expecfi that the Senate will remedy
some of the problems which still exist in the bill and that
the measure.which is finally worked out batween the House and
Senate will represent the best possible reform law.
Your views have been most helpful to me and I appreciated
your taking time to let me hear from you.
Kind regards and all good wishes."
5. Mr. Pitts referred to the repairs on the Beach Revetment Wall. He
mentioned that Murphy Construction Company was not on the job today and
he would like to know why. He asked if there, w~s a sufficient number
of blocks for work to continue.
Mr.. Gatchel said he was not aware of Murphy Construction Company
not being on the job today, but their absence would not have been due
to insufficient number of blocks. Mayor Saunders ~equested that this
item be discussed at, the workshop meeting this week. ~-
5. Concerning a proposed letter to the businesses on Federal Highway
regarding setbacks, Mr. Scheifley requested that when said letter is
sent out he would like for Council to receive copy of same.
5. Mr. Scheifley referred to a Master Plan that is used by Cities on
the Southeast Coast, of which the 'Federal Government pays a portion of
the cost.
Mr. Don Morgan has informed the Council what type of Master Plan
to use and Mr. Scheifley said if the City decides to get such plan, he
hopes Federal help is obtained, if it is still available.
5...~Mr. Scheifley referred to the feasibility of an 'incinerator fo~ the
City and said as a result of the trip to Clearwater, he feels that the
incinerator is not feasible for Delray for two reasons
One reason is that the incinerator does not burn trash, which is
our major problem. The other reason is this type of incinerator re-
quires 200 to 250 tons a day of garbage to be economically feasible.
5. Mayor Saunders read a Proclamation proclaiming September .14-2~,
1969, as NATIONAL HOMt~ WEEK.
5. Mayor Saunders read a Proclamation proclaiming September 17-23,
1969, as CONSTITUTION WEEK.
6.a. City Clerk Worthing reported that the Sewer Adjustment Advisory
Board was established in 1964 by Council adoption of Ordinance No.
G-553, and is set forth ~ Chapter 27 of the Code of Ordinances. The
Board, as provided therein, is comprised of three members.
The terms of office for Board members Lens Brunner and W. L. Geiger
have expired, and Council should provide for filling these vacancies.
Mr. Lens Brunner and Mr. Paul Myers were unanimously appointed to
membership on the Sewer Adjustment Advisory Board, on motion by Mr.
Wilson and seconded by Mr. Youngblood.
The three-year term of' Mr. Brunner will expire on August 24, 1972,
and the term of Mr. Myers, who was appointed to complete an unexpired
term, will expire on August 24, 1971.
6.b. Concer~ing a survey of lands in v~olation of the City's nuisance
laws, presented by the City Manager, Mr. Youngblood moved that the C~ty
Clerk be instructed to proceed with the enforcement of Chapter 15 of
the City Code of Ordinances, the motion being seconded by Mr.
Youngblood, and unanimously carried. {Copy of Nuisance Survey is at-
tached to the official copy of these minutes.) See pages 142-A-B.
7.a. The City Clerk reported that Goodwill Industries has petitioned
for a "gratis" license permitting the operation of the Gulfstream
Goodwill Industries retail outlet at 35 N. E. 1st Avenue, and that
the "Industries" is a non-profit, tax exempt, charitable organization
involved in the emploYment, training and rehabilitation of handicappe:l
men and women.
A gratis license was unanimously granted to Goodwill Industries
on motion by Mr. Wilson and seconded by Mr. Pitts.
7.b. It was reported that the Saint Matthews Episcopal Church requests
the use of the Community Center audi.torium and kitchen facilities dur-
ing the afternoon of Sunday, January 11, 1970, between the hoUrs of
3:00 and 5:00 P.M., for the purpose of holding a social get-together
for both children and adults.
Said petition was unanimously granted, on motion by Mr. Pitts and
seconded by Mr. Youngblood.
7 .c. The City Clerk informed Council that an application has been re-
ceived from Mr. Carl Wilson, of 127 N. W. llth Avenue, requesting a
"Certificate of Public Convenience and Necessity" (being a taxicab
license), and in compliance with Section 26-7 in Chapter 26 of the ·
Code of Ordinances, C~R~Cil should fix a date for a public hearing to
~..i: - 2 ~ 9 -8 -69
.137
be held on this application, .notice of which shall be forwarded to all
operators, of taxicabs. At~ such public hearing., and as a result there-
of, Council shall determine if further cab service, within the City is
needed and if the applicant is fit, willing and able to perform public
transportation and further meet the requirements of the City in pro-
viding therefor.
On motion by Mr. Wilson ~nd seconded'by Mr. Pitts, the Council
called a Public .Hearing to consider said application, said Hearing to
be held Monday, September 22, 1969, at 8:00 P.M., in the Council
Chambers at the City Hall. The motion unanimously carried.
?.d. Council was informed that the Frances J. Bright Woman's Club,
through Mrs. Spencer Pompey, requests the use of the gymnasium and
stage in the Community Center for Saturday evening, May 9, 1970, dur-
ing the hours from 7:00 P.M. to 11:00 P.M., for the purpose of holding
its annual Debutant CotilliOn.
Said request was unanimously granted, on motion by Mr. Youngblood
and seconded by Mr. Wilson.
7.e. City Clerk Worthing informed Council that Mr. Donald C, Wilson,
6f-150'3 Crest D~ive, Lake Worth, ha~ .purchaeed'.the. ,Omnix.Lounge",
located at 328 N. E. 6th Avenue, Delray Beach and requests transfer
of Beer and Wine License No. 66, previously issued to said Lounge,
for consumptiOn on the premises. Further, he has been investigated
in the usual manner, and approved ~by Delray Beach.. and State Beverage
Departmen~ Off{ci~l~s
granted,.i 0~ ~oti0n'by.~Mr' Scheifley
and seconded bY/Mr. Pitt~s
?.f. 'COuncil was reminded ~'f ~ts'/recen~ review a"d approval of the
SITE PLAN for development of a ~tract. of~ land, Tropic Towers, in the
southern portion:,.of,TrOpic Isle .SUbdivision,.'.aajaCent to and north of
the C-15 Canal, the developer being ~ Bargas. The review of the
proEosed devel°~ent 'and site Plan reflected the determined replatting
of the area invOlVed, which approximated 24, acres' and provides for
559 dweliin~ units, as shown~on the Plan. . .
Mr? SCheifl.e~ moved' f6~ approval and acceptanCelof the Final Plat
of TrOpic Towers Subject to the certification thereof'~by ..the:City
E~cineer, Mr. Mark Fleming,'.~ that-all facilities, as required by the
City's SubdiviSion Or, dinance regulationS,' have been provided for.
The mot'ion was seconded by Mr. Wi!son and was unanimously carried.
8.a. 'City clerk Worthing' presented ~HSOLLTTION ~O.
MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY
. ,OF' DELRAY BEACH,. FLORIDA, FOR THE PERIOD FROM 'THE
!ST DAy'OF OCTOBER,' 1969, TO THE 30TH DaY OF SEm.
TEMgER,' 1970: TO~ PRESCRIBE THE TERMS, CONDITIONS
AND ~PROvISIONS WITH RESPEcT TO THE 'ITE~.~ 'OF APPRO-
PRiATIONS AND THEIR PAYMENT'~ ~ AND 'TO REPEAL 'ALL RES-
'OLUTIONS WHOLLY 'IN CONFLi'CT WITH THIS RESOLUTION,
AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLU-
TION TO..THE 'EXTENT OF~ SUCH INCONSISTENCY; AND TO
LEVY a TAX ON'ALL PROPERTIEs 'WITHIN T[~E CITY OF
DELRAY BEACH ..FoR MAt~TENANCE~.AND OPERATION,
TO LEVy A TAX FOR THE' pAYMENT. OF/PRINCIPAL .A~,~D IN-
TEREST ON BONDED INDEBTEDNESS AGAINST THE PROPERTY
LOCATED ~IN THE FORMER~ CITY OF DELRAY, AND TO '~L0-
CATE AND APPROPRIATE SAID..COLLECTIONS THEREU~DER.
(COpy' of Resolution No. 38-69 'is 'attached to the' official, copy of
these minutes.) See pages' 142-C-F.
a' PUblic Hearing/having been ilegally advertised in c°mp'liance With
the laws of the State. of Florida and the Charter of the City of Delray
Beach was held,'and.there being n°. obje~on to ReSolUtion No. 38.69
said Resolution was unanimously passed .and adopted on this first and
final reading, on motion by Mr. Youngblood and ~econded by Mr. Wilson.
Mr. Scheifley'stated that while he would join his fellow Council-
men in voting for the adoption of the Resolution, he had not felt that
any increase in tax millage was necessary to provide sufficient funds
to cover the budgeted expenses, that such additional needed funds
should..have been provided through increased Occupational 'License Fees
as well as an increase in court fines, costs and possible o.ther
revenues,
8.b. The City Clerk presented ORDINANCE NO. 34-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AM~ING
SECTION 2-1.1, CHAPTER 2, CODE OF ORDI-
NANCES OF THIS CITY, PERTAINING TO COM-
PENSATION OF COUNCIL MEMBERS AND THE
MAYOR FOR SAID CITY OF DELRAY BEACH.
'(Copy of Ordinance No. 34-69 is attached to the official copy of
these minutes.) See page 142-G.
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. 34-69,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Scheifley and seconded by Mr.
Youngblood.
8.c. City Clerk Worthing presented ORDINANCE NO. 35-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ESTABLISHING THE QUALIFICATIONS OF THE
MUNICIPAL JUDGE AND CITY ATTORNEY; AMENDING SECTION 2-
20 CITY PROSECUTOR - QUALIFICATIONS FOR OFFICE AND A-
MENDING SECTION 2-22 CITY PROSECUTOR - COMPENSATION OF
PROSECUTOR, ASSISTANTS~ SOURCE OF FUNDS IN THE CODE OF
ORDINANCES AND PERTAINING TO THE QUALIFICATIONS FOR SAID
OFFICES AND THE DETERMINATION OF COMPENSATION FOR-THE
CITY PROSECUTOR.
(Copy of Ordinance No. 35-69 is attached to the official copy of
these minutes.) See page 142-H.
A Public Hearing having been legally advertised in compliance with
the laws of the State of Florida and the Charter of the City of Delray
Beach was held, and there being no objection to Ordinance No. 35-69,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Wilson and seconded by Mr. Youngblood.
8.d. The City Clerk presented EMERGENCY ORDINANCE NO. 36-69.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
~14A, SECTION 14A-8, CODE OF ORDINANCES OF THIS
CITY, PERTAINING TO SERVICE CHARGES OR FEES FOR
COLLECTION OF GARBAGE AND TRASH; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Scheifley moved to table Emergency Ordinance No. 36-69 until
the next regular Council meeting
Council desired to table this Ordinance unitl the garbage and
trash collection system has been improved.
City Manager Gatchel suggested that Council pass Emergency Ordi-
nance No. 36-69 at ~.this m~eting or at the next regular meeting on
September 22.
The motion was .seconded by Mr. Wilson and unanimously carried.
-4- 9~8-69
139
9.a. City Clerk Worthing reported to Council regarding Permissive
use for a Nursery on Lots i' and 2, Block 3, Rosemont Park, as follows.~
"The Planning and ~oning BOard held a public hearing in the City
Hall on August 19th. :The Board, since' that date, having considered
this petition, did, at its regular meeting held last TUesday, in the
City Hall, five members being present, unanimously recommend that
Council grant this petition.
The Board further recommended that Council' provide for a southerly
extension of S. W. 6th Avenue from its present terminus at 4th Street,
for a distance of 660 feet, to connect with S. W. 6th Street. To ef-
fect such public road 'extension, some additional right-of-way should
be obtained from privately owned lands, as well as dedication, for
right-of-way purposes, of a necessary strip through a City owned tract~
Council may deny the petition for permissive use, submitted by
Mr. & Mrs. Du~ante, or sustain the recommendation of the Planning and
Zoning Board in granting the request. It £s further suggested that
the Board's desire for S. W. 6th Avenue extension be referred to the
City Manager .and City Engineer for study, and recommendation."
The Council unanimously sustained the recommendation of the Plan-
ning and Zoning Board in granting said request for Permissive Use, on
motion by Mr. Youngblood and seconded by Mr. Wilson.
Mr. Scheifley moved that the extension of S. Wi 6th Avenue be re-
ferred to the City Manager and the City Engineer for further study and
recommendation. The motion was seconded by Mr. Pitts and unanimously
carried.
10.~a. Rev. semmie Taylor appeared before Council and questioned the
pay schedule relative to the employees, in the Sanitation Department,
furnished by Mr. Baskin, being concerned with what~' those men were as-
sured of being paid and what they are actually receiving.
He further cited the lack of home accommodations in the western
portion of the City and was in hopes the City might be able to encourage
iow cost home development in that sector.
He also referred to a statement that had been made regarding the
garbage and trash men having to work a 9-hour day.
10.a. Mr. Bob Crego asked Council approximately when the sewers would
be installed in Delray Manor Subdivision.
~ Mayor Saunders stated that in approximately two years the City
would be able to extend the Sanitary Sewers in that subdivision and
other areas.
10.a. Mrs. Dorothea Montgomery informed Council that she has reached
the age to apply for a Gratis License.
10.a. Mrs. Roberts, Clerk of Highland Beach, came before Council and
commented on the Dempster Dumpster Equipment, which is used for garbage
pick up.
She also voiced her disapproval Of the increase in garbage and
trash pick up charges.
10.a. Mr. Thomas Sheehan inquired about the price of the Dempster
Dumps ter Equipment,
10.a. Mr. Daniel Wish, President of the Delray Beach Firefighters
Local 1842, Delray Beach, came before Council regarding lack of com-
munication with the Council, City Manager and Administration.
He also mentioned~ ~he lack of men. in the Fire Department and that
the Budget does not allow any additional men for the Fire Department.
Further, when they have fires or accidents, there are insufficient
men to go to the fires and drive the Rescue Wagon.
10.b. The City Manager informed Council that relative to a possible
General Obligation Bond issuance, subject to its approval at a refer-
endtun election, it is deemed advisable to prepare certain preliminary
financial and legal data, pertaining to such bond issuance and indebt-
edness, at this time.
Therefore, and subject to Council approval for consideration of a
proposed General Obligation Bond, authorization is requested for re-
tain&ge, on a ~ont£ngency basis, ~'of the City's present bond counsel
(Mudge, Rose, (]uthrie & Alexander} and Fiscal Agents (Reynolds & Com-
pany, together'~with Goodbody & Company) for the purpose of preparing
certain preliminary material concerning future presentation of such
Bond Indebtedness for necessary Capital Improvements and Equi~ent. In
addition to authorization 'for retaining said advisory groups, it is
recommended that such sanction include directing those representative
bodies to proceed with such data processing.
Mr. Wilson moved that authorization to retain the present bond
counsel, Mudge, Rose, Guthrie & Alexander and Fiscal Agents, Reynolds
& Company 'tOgether with Goodbody & Company be given and those officials
be directed to proceed with such data processing. The motion was sec-
onded by Mr. Scheifley and unanimously carried.
10.c. The City Manager requested authorization for directing the City's
consulting engineers, Russell & Axon, to up-date the plans an~ spec-
ifications of construction cost estimates for the proposed Southwest
Drainage' Improvement Project, such revised cost estimates to be pro-
vided for a lump sum cost of $125.00, funds for which are available.
Mr. Youngblood ~moved that authorization as requested for up-al&tin9
of the plans and specifications of construction cost estimates for the
Southwest Drainage Project and maintaining the services of the Consult-
ing Engineers, Russell & Axon, for that purpose, be granted. The motion
was seconded' by Mr'..Wilspn and unanimously carried.
10.d. The City Manager informed Council that the original Plans and
Specifications and cost esitmates for a proposed Water Treatment Plant
were provided in 1965. In view of the heretofore unparalleled escala-
tion of building costs, those plans and. cost estimates are now obsolet..e.
Therefore, authorization is requested, not only for retaining the
services of the City's consulting engineers, Russell & Axon, to up-date
those plans and cost estimates which should include an "alternate", over
the original estimate, to incorporate in the design plans and estimated
construction costs for water softening facilities, but to direct Russell
& Axon to proceed with such assignment.
The City Manager informed CoUncil that a.: letter of confirmation
been reoeived from Russell & Axon informing the City that they would
perform this service for the amount of ~800.00.
Mr. Scheifley moved that authorization of expenditure of $800.00
for retaining our Consulting Engineers, Russell & Axon, to up-date the
plans and cost. estimates for the Water Treatment Plant and the under-
standing to include, if we so desire, a Water Softening Plant, the
motion being seconded by Mr. Youngblood and unanimously carried.
10.e, Mr. Schelfley referred to the Projector for the Planning and
Zoning Board and Council with: wl~ich .to sho~'.S~te pl~ns'~ . The City
Manager informed Council that this is in the current Budget and if it
is not purchased by October 1, the funds will be encumbered to provide
for it.
10. e. Mr. Worthing read the following letter, dated September 5, 1969,
from the Chamber of Commerce:
"At its meeting of September 5, 1969, the Board of Directors
was presented with a proposal that would eliminate parking on
Atlantic Avenue betwee~ Swinton and East Sixth Avenues (except
for the.~ south s~de o£Atlan~.ic'between 4th and 6th Avenues).
Considerable time was spent discussing the pros and cons
of this ~lan with the final result being that the Board ur-
gently reque~ the Mayo.r and Council to delay, for thirty
days, inaugura~°n of th~s plan for the purpose of a11owlng
~nterested parties to study and' make alternate proposals."
I41
The Council :agreed to, delay the proposed plan until October 1, 1969~
for submission of satisfactory plans by the Chamber of Commerce.
Mr. Scheifley asked Council if there was a way to divert truck
traffic from Atlantic Avenue.
-~rs, . DorotheaMontgomery was informed by Council that approximately
90 parkingspaces would.be done away with, but there would be additional
parking provided along the F. E. C. R. R. on leased property and further
parking would be provided after the old Police Building is demolished.
10.f. City Clerk' Worthing presented the B~lls for Approval as follows=
general Fund .. $182,335.83
Water Revenue Fund 7,500.00
Water Operating & '-Maintenance Fund 8,535.73
· Special Assessment Fund 50,000.00
' Utilities Tax Revenue Fund ~-1,550.00
Refundable Deposits Fund ' 29.0.00
Beach Disaster Fund 58,500.00
Cigarette Tax Fund 7,522.00
~. Capital Improvements Construction Fund 60,865.23
The bills were'unanimously approved for payment, on motion by Mr.
Wilson and seconded by Mr. Pitts.
The meet£~g adjourned at 10=00 P.M.
. ~ .... R,:~. D. WORTHING
City Clerk
APPROVED: ~.//~
MAYOR
-7- 9-8~69
142-A
PROPERTXES XN VIOLATXON OF ORI~XHANCE ~O. ~G-147
AND SECTXO~S 15-3 and 15.-4 OF THE CXTY CODE.
OWNER, AND ,ADDRESS PROP ,ERTY DE~C~!~,PTION CODE
1. Florida East Co~st Railroad R./W EaSt of tracks, Block 91.
'.Company (~rom N. E. 1st Street to
c/o J. P. Williams N.'. E. 2nd Street)
St. Augustine, Florida 32084 15-4
2. Herbert H. & Bertha Thiele & South 14.1' of Lot 11, Lots
" joseph J. & Doris A. De, range 12, 13, 14 & all of South
420 Chapel Hill Boulevard 100' of Lots 15 thru 22,
Boynton Beach, Florida 33435 Inclusive; SOuth 100' of
Lots 23 thru 32' and South' 100' 15-3
of Lot 33. less West 20'.. &
(250 S. Ocean Boulevard) 15-4
3. Catherine A. Diggans · Lots 24 & 25, Block 105.
P. O. Box 1 '(355 N. E. 5th Avenue)
Delray Beach, Florida 33444 15-4
4. Delray Beach NatiOnal Bank Lot 27, Seabreeze Park. 15-3
P. O. Box 700 (17 Seabreeze Avenue) &
Delray Beach, Fl°rida ]3444 15-4
5. Ida Schwartz Lot 7, Block 9, Dell Park.
6218 N. W. 17th Street (238 N. E. 10th Street)
.Margate, FlOrida 33063 15-4
6. Cecil &/or Clara DeRemer Lot 6, Block~9, Dell Park.
116 East Nelson Street (242 N~ E. 10th Street)
Midland, Michigan 48640 15-4
7. Frank R. Ryan Vacant part of Lot 5,
127 S. Washington Street Block 9, Dell Park.
Dansville, Indiana 46122 .(246~N. E. 10th StNeet)
ASSIGN:
Patricia Garretson 15-3
P. O. Box 72 " &
Delray Beach, .Fiorida 33444 15-4
8. W-D Holdings, Inc. Lots 25 & 26, Block 12, 15-3
c/o Paul E. DemiCk Dell Park. &
255 N. E. 8th Street (233-2'37 N. E. 8th Street) 15-4
Delray Beach, Florida 33444
9. Edwin' F. Banfield Lots 40 & 41, Block 5,
P. O. Box 249 Dell Park.
Middletown, New Jersey 07748 (1102 & 1104 N. E. 3rd Avenue) 15-4
10. Alex Simon Eassa Lot 32, Block 9, Dell Park.
P. O. Box 35 (902 N. E. 3rd Avenue)
Delray Beach, Florida 33444 15-4
11. Jessie J. Butts Vacant part of Lot 3 and East
840 S. Swinton Avenue 5 feet of Lot 4, Bellview Court.
Delray Beach, Florida 33444 (11 S. W. 9th Street) 15-4
12.Rurie A. & Hazel M. Smock, Jr.Vacant part of West 45 feet of
19 S. W. 9th Street Lot 4, Bellview Court.
Delray Beach, Florida 33444 (19 S. W. '9th Street) 15-4
9-8 -69
Page 2. Nuisance Violat~n List.,,
~,NER AND ADD~.'~ PROPE~'~'x DSSCRI~T~0~. COD~
(309 N. W, 4th Avenue) ,, 15-4
~4. Willi~ P, ~es~ South 50 feet of West~ 135
228 8. W. 1st A~ue feet of Block 33. (14)
Delray Beach, Florida' 334~ ~(301 N. W. 4th Avenue) 15~4
15. Hugh ..a ~e Ma~il%an -Lot ~7, Block 41.
1125- B~nt Place. (309 N. W. 3rd AVenue)
WeSt Palm Beach, Florida 33405 · 15-4
%6. Jo~ ~aylor Estate Vacant~ part~ of Lots 18 & 19, 15-3
c/o George A. Taylor Block 41.
315 N. W. 3rd. Avenue (315 N. W. 3rd Argue} 15-4
De,ray Beech, Florida 33444
Violations 15-~ and 15-4 as' ~e=ns ~h~e re~t as follows~
1 ~ 1~-4 - Weeds and unde~growt~
2. 15-3 - Debris (building..b~ocks, p~, stee~ etc.)
15-4~ - Weeds and~ undergrowth
3. 15-4 - Weeds an~~ ~dergrowth
4. 15-3 -~arde~ trash and tree l i~s
15-4 - Weeds and underg=o~h
5. 15-4 - Weeds and unde=g~wth
6. 15-4 -We~ and unde~ro~
7. 15-3 - Debris
15-4 - Weeds and undergrowth
$. 15-3 - T=ee
15-4 -Weeds ~d undergrowth
9. 15-4 - Weeds ~ underg=ow~h
10. 15-4 - Weeds and undergrowth
~I~ 15-4 - Weeds and undergrowth
!2. 15-4 - Undergrowth
13, 15-4 - Weeds and undergrowth
14. 15-4 - Weeds and underg~o~h
1~. I5-4 - Weeds and underg~ow~
16. 15~3 - Debris
15-4 -Weeds and undergro~:
Submitted ~ ~he City Council b~ the City Manager
on this the 8~ d~.-of Sep~er, 19~9.
142-C
R~SOLUTION NO. 38-69.
A RESOLUTION MAKING APPROPRIATIONS OF SUMS OF
MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY
OF DELRAY BEACH,'-FLORIDA, FOR THE PERIOD FROM THE
1ST DAY OF OCTOBER, 1969, TO THE 30TH DAY OF SEP-
TEMBER, 1970; TO PRESCRXBE THE TERMS, CONDITIONS
AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPRO-
PRIATIONS AND THEIR PAYMENT; AND TO REPEAL ~%LL RES-
OLUTIONS WHOLLY IN CONFLICT WITH THIS' RESOLUTION,
AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLU-
TiON TO THE EXTENT OF SUCH INCONSISTENCY; AND TO
LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF
DELEAY BEACH FOR MAINTENANCE AND OPERATION, AND
TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND IN-
TEREST ON BONDED INDEBTEDNESS A~AINST THE PROPERTY
LOCATED IN THE FORMER CITY OF DELRAY, AND TO ALLO-
CATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER'.
BE .IT'RESOLVEDby the Councillor th~ City of D~t~ay'B~ach, FlOrida~
That the following sums of money be, and hereby are appropriated upon
the terms, conditions and provisions herein before and hereinafter set
forths
ARTICLE. l.?
Other Capital
Estimated Expenditures: S~larie~ ~xpenses Outlay_ ...L TOTAL
Legislative $ 13,200. $ 2,950. $ - -.-... $ 16,150.
Executive 52,256. 20,.465. - - - 72,.721.
Judicial 5,100. 10. - - - 5,110.
Elections 500. 445. - - - 945.
Dept. of Finance 114,374. 27,707. -520. 142,601.
Law 15,100. 3,150. - -.- 18,,250.
Advisory Boards & Offices - - - 45,335. - - - 45,335.
Dept. of Public Safety 687,333. 80,245. 20,132. 787~710.
Dept. of Public Works 372,778. 206,863. 17,400. 597,041.
Libraries - - - 69,430. - - - 69,430.
Dept of Parks & Recreation 299,650. 89,113. 14,735. 403,498.
Non-Departmental 23,199. :~61,590. 1~.075. 285,864.
Transfers' ~9 052 - 79 052
Revenue:
General Property Taxes $1,306,010.
Franchise Taxes 106,775.
LiCenses & Permits 148,075.
Fines & FOrfeitUres 46,850.
Revenue from Use of Money and' Property 25,450.
Revenue from Other Agencies 86,987.
Charges for Current Services 368,720.
Sale and/or Recovery of Loss to City Owned Property 26,125.
Transfers From Other Funds 428,318.
Unappropriated Surplus .. . 40,297.
TOTAL REVENUE $2,583,607.
~age 2. Resolution No. 38-69.
..WAT ,R,,,a,ND
' Other Capital
Estimated Expenditures: Salaries. Expenses Out!ay ~ TOTAL
Administration $ 33,255. $ 9,722. $ ~ $ 42,977.
Source of Supply - - - · 17,000.. 11,500. 28,500.
Treatment & Purification 30,487. 13,880. 150.. 44,517.
Transmission & Distribution 113,259. 61,505. 90,8'50. 265,614.
Accounting & Collection - - - 36,249. - - - 36,249.
Sewer System '60., 733. 28,570. 465. 89,768,
Insurance & Taxes - - - 99,937. - - - 99,937.
Depreciation & Contingency - - - 460,000. - - - 460,000.
Pens ion - - - 6,434. - - - ~ 6,434.
Debt Service .... ..~ -..~ ~ 343,75~. - -..~-.... 343,753.
TOTAL EXPENDITURES $237,734. $1,077,050. $10~,965. $1,417,749.
Revenue: ~
Revenue From Use of Money & Property 41,500,
Sales & Charges for Current Services 862,500,
Sale ar%d/or Recovery for Loss to City Owned Property 500.
Unappropriated Surplus .~... .... ~3~.24~..
TOTAL REVENUE $1,417,749.
ARTICLE II!.
C. IGAR~TTE TAX ~ ~...
Other Capital
~stimated Expenditures: Salar. ies Expenses Outla~ ~ TOTAL
Dept. of Public Works $ - - ~ . ~ $ 44~160.$ - - - $ 44,160.
Transfers - - - 165,161. - - - 165,161.
Debt S~r.vice - -~ .~. - 73,195. - - - 73,105.
TOTAL EXPENDITURES - - - $282,426. - - - $282,. 426.
CIGA_RETTE. TAX FUND
~evenue
Revenue:from Use of Money & Property 2,677.
Reven~e From Other Agencies 280,000.
Fund Balance , 12~,..)
TOTAL REVENUE $282,426.
~T~L!,TIE$',,, ~, X FUND
Other Capital
Estimated Expenditures: ~ ~ 9ut!ay. _ .... TO~TA.L.·
Transfers - - - $ 225,600. - - - $ 225,600.
Debt Service - ,- 18,,0Q0. - -.~-_ ._ . 18,000.
TOTAL EXPENDITURES - - - $243,600. - - - $243,600.
Revenue:
Utilities Consumption & Service Taxes 2'22,000.
Unappropriated Surplus .... 21~6Q0.~_
TOTAL REVENUE $243,600.
142-E
~age 3. Resolutlon No. 38-69.
CONDITIONS R~LATING TO APPROPRIATIONS:
Section .5.1 - All monies'hereiDb~fore~appr~priated are appropriated
upon 'tSe terms, conditions, and provisions hereinbefore and herein-
after set forth.
Se~tio~ 5~2 - Subject to the qualifications contained in this resolu-
tion all appropriations made out of the General Fund are declared to
be maximum, conditional, and proportionate appropriations, the purpose
being to make the appropriations payable in full in the amounts herein
named if necessary and then only in the event the aggregate revenues
collected and other resources available during the period commencing
the 1st day of October, 1969, and terminating the 30th day of Sep-
tember, 1970, for which the appropriations are made, are sufficient
to pay all the appropriations in full; otherwise the said appropria-
tions shall be deemed to be payable in such proportion as the total
sum of realized revenue of the General Fund, is to the total amount'
of revenues estimated by the City Council to be available in the pe-
riod commencing the 1st day of October, '1969 and terminating the 30th
day of September, 1970.
~ecti~n ~..3- All balances of the appropriations payable out of ~e
General Fund of the City Treasury unencumbered at the close of busi-
ness on the 30th day of September, 1969, except as otherwise provided
for, are hereby declared to be lapsed into the City Treasury and may
be used for the payment of the appropriations which may be made in any
appropriation for the fiscal year commencing the 1st day of October,
1969. Provided, hOwever, nothing in this SeCtion shall be construed
to be appligable to unencumbered balances remaining to the credit of
the Water and Sewer Fund,.Cigarette Tax Fund or any funds created by
the setting up of .special revenue, but such balances shall be used in
financing the proposed expenditures of these funds for the fiscal year
commencing the 1st day of October, 1969.
Section_~5.4 - No department, bureau, agency, o~ individual receiving
appropriations under the provisions of this resolution shall exceed
the amount of its or his appropriation ~c~pt with the consent and ap-
proval of the City Council first obtain~'; and if such department, bu-
reau, agency or individual shall exceed the amount of its or his ap-
propriation without such consent and approval of the City Council, the
administrative officer or individual, in the discretion of the City
Council, may be deemed guilty of neglect of official duty and may be
subject to removal therefor.
Section 5.5 - Nothing in this resolution shall be construed as author-
izi~g any reduction to be made in the amounts appropriated in this-
· esolution for the PaYment of interest, on, or retirement of, the debt
of the City of Delray Beach, Florida.
sectign 5,.6 - None of the monies enumerated in this resolution in con-
nection with the General Fund, Water and Sewer Fund, Cigarette Tax
Fund or any other Fund of the City shall be.expended for any purpose
than those for which they are appropriated, and it shall be the duty of
the Director of Finance to see that this section is complied with in
all respects and report to the City Manager and City Council any vio-
lations thereof.
142-F
Page 4. Resolution No. 38-69.
Section 5-3 - All monies collected by any department, bureau, agency
or individual of the City Government shall be paid promptly into the
City Treasury.
Section 5,8 - The foregoing.~.k~/.~dget be and hereby is adopted as the
°ffxciai b~dget of the Cit~ ~f Delray BeaCh for the aforesaid period.
Provided, however, that the restrictions with respect to the expendi-
tures of the funds appropriated shall apply only to the lump sum
amounts for classes of expenditures which have been included in this
resoluti°n.
ARTIVLE VI
TAX LEVY
Sect.i.09 ~...1.- That there shall be and hereby is appropriated for the
General Fund operations of the City She revenue derived from the tax
of 10 mills per one ($1.00) dollar of assessed valuation, which is
hereby levied on all taxable property within the City of Delray Beach
for the fiscal year commencing October 1, 1969 and terminating Septem-
ber 30, 1970, the assessed valuation 'on all taxable property for oper-
ating purposes within the City of Delray Beach being $128,042,400. for
operating and/or maintenance expenses of the General Fund, and also in
addition, all revenues derived by said City during said fiscal year
from all other sources th~n 'the %ax levy for current bond service, and
that part of collection of delinquent taxes levied for bond service.
Section _6.2 - That the amount of money necessary to be raised for in-
terest charges and bond redemption which constitutes a general obliga-
tion bonded indebtedness o~ that portion of the City of Delray Beach,
which was formerly the City of Delray, *~ '~70.,854. and that.~there is
hereby appropriated for the payment thereof, 'all revenues derived from
the tax levy of eight tenths of 1 mill per one ($1.00) dollar of as-
sessed Valuation, which is hereby levied for that purpose for the fis-
cal year commencing October 1, 1969 and terminating S~ptember 30, 1970,
upon the taxable property in that portion of the City of Delray Beach,
which was formerly the City of Delray, the assessed valuation being
$89,313,710. and there is hereby appropriated, if necessary, from the
surplus sinking fund cash sufficient monies which, together with pro-
ceeds of said tax levy for debt, will meet the debt requirements for
the aforesaid fiscal year.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, this 8th day of September, A. D., 1969.
/S~'.J..L ~ .SaDnders MAYOR
ATTEST:
/S/ R. D. Worthing
City ~lerk
~ 142-G
ORDINANCE NO. 34-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAy B~AcH, FLORIDA, AMENDING
SECTION 2='1.1, CHAPTER 2, CODE OF oRDI-
NANCES OF THIS CITY, PERTAINING TO COM-
PENSATION. OF COUNCIL MEMBERS AND THE
MAYOR FOR'SAID CITY OF D~LRAY BEACH.
WHEREAS, ~he 1969 Legislature for the State of Florida
did amend Section 24, Article V, of the City Charter, providing
for increase of compensation for the Mayor and Members of the
City Council of the City of DelraY Beach, Florida, by enactment
of Chapter 69-1003 as set forth in the Florida Statutes; and
WHEREAS, the City Council of the City of Delray Beach,
Florida, deems it to be in the best interest.of the City of
Delray Beach to increase the compensation of the Mayor and Mem-
bers of the City Council of said City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Sec~ 2-1.1. Compensation of Councilmen
and Mayor. is hereby amended to read as follows:
"Each member of the City CounCil of the
City of Delray Beach, Florida, during the
term of his or her term of office, shall
receive compensation in the amount of
$200.00 per month and the Mayor of said
City, during his or her term of ~office,
shall receive compensation in the'amount
of $300.00 per month."
Section 2. This Ordinance shall become effective at
the beginning of the next fiscal year following adoption here-
ofe
PASSED AND' ADOPTED this the 8th day of September
1969.
/.S./,, J..L. Saunders MAYOR
'
ATTEST:
/S/ Ham-Ds ~or~ina ' City Clerk
First Reading 'August 25, 1969
Second Reading seD~ember. 8. 1969
142-H
ORDINANCE NO. 35-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BEACH, PLORIDA, ~STABLISHING THE QUALIFICATIONS OF THE
MUNICIPAL JUDGE AND CITY ATTORNEY; AMENDING SECTION 2-
20 CITY PROSECUTOR - QUALIFICATIONS FOR OFFICE AND
MENDING SECTION 2-22 CITY PROSECUTOR - COMPENSATION OF
PROSECUTOR, ASSISTANTS; SOURCE OF FUND~IN THE CODE OF
ORDINANCES AND PERTAINING TO THE QUALIFICATIONS FOR SAID
OFFICES AND THE DETE~INATION OP COMPENSATION FOR THE
CITY PROSECUTOR.
WHEREAS, the City Council of the City of Delray Beach, Florida,
has determined, as a result of the 1969 amendments to the Charter of
the City of Delray Beach, to establish uniform qualifications for the
offices of Municipal Judge, City AttOrney and City Prosecutor, and
WHEREAS~ it is further determined that the compensation of the
City Prosecutor and his assistants should be established in the same
manner as the Municipal Judge, City Attorney and their assistants.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~CIL OF DELRAY
BEACH, FLORIDA., AS FOLLOWS:
Section 1. That the following section be added to the code of
Ordinances.
"Municipal Judge, Qualification~ for Office.
The Municipal Judge, in addition to his qualifications
established by ~he charter, shall be a legal resident or
have his principal o~fice in Delray Beach at the time of
his appointment and during his tenure of office."
Section 2. That the following section be added to the Code of
Ordinances.
"City Attorney, Qualifications for Office.
The City Attorney, in addition to his.qualifications
established by the charter, shall be a~.~.~egal resident or
have his principal office in Delray Beach at the time of
his appointment and during his tenure of office."
Section 3. ~t Section 2-20 of the Code of Ordinances of the
City of Delray Beach is hereby amended to read as follows.
"Sec. 2-20 Same - Qualifications for office.
The City Prosecutor shall be a lawyer who is a member
in good standing of the Florida Bar with at least two
years' experience as a practicing attorney and shall be
a legal resident or havehis principal office in Delray
Beach at the ti~e of his appointment and during his ten-
ute of office."
Section 4. That Section 2-22 of the Code of Ordinances or.the
City of Delray Beach is hereby amended to read as follows.
"Sec. 2-22 Same - Compensation of Prosecutor, assistants.
Compensation to be paid the CityProsecutor and assist-
ant prosecutors shall be fixed by resolution."
PASSED and ~DOPTED on second and final reading on this the 8th
day of September , 19~9.
/S~ J~ 'L~ ..SaU~d~rs
ATTEST: M A Y O R
/S/ R. D. Worthin~
City Clerk
First Reading Au~ust~25 1969 Se~.Reading September 8, 1969