09-09-68 175
· SEPTEMBER 9, 1968.
A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at 8=00 P.M., with Mayor J. L. Saunders in the
Chair, City Manager David M. Gatchel, City Attorney John Ross Adams,
and Councilmen James H. Jurney, LeRoy.W. Merritt, James B. Wilson and
O. F. Youngblood being present.
1. An opening prayer was delivered by City Clerk R. D. Worthing.
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 August 26th, 1968,
were unanimously approved, on motion by Mr. Merritt and seconded by
Mr. Wilson.
5. Mr. Jurney said he had received several requests from people who
wanted to know the outcome of a request for extension of sanitary
sewer facilities in the area of Jefferson Manor and Poinciana Heights
Subdivisions.
Mayor Saunders informed Mr. Jurney that the City Manager had made a
report on that item on July 22nd when Mr. Jurney was absent from the
Council meeting, and that it had been suggested that item be considered
at a workshop meeting with the idea of sewering the entire Area 13.
5. Mr. Jurney said there is quite a bit of debris along the
Railroad tracks where the cross ties have been replaced. He asked
that the City.Manager write to the proper officials of the F.E.C. Rail-
way Company asking them to clean up their property within a reasonable
time, and in the event it is not cleaned up within the given time,
their property be placed on the nuisance list.
5. Mr. Jurney mentioned he had observed that some cement trucks are
losing some of their load on Atlantic Avenue and various other streets
in town and this had been brought to the attention of the City Manager
who took care of it at those times· He asked if there is some way that
some of the existing ordinances may be enforced to stop those trucks
from causing such a nuisance as it is costly to the City to clean up
after them.
The City Manager reported he had attempted to work this problem out
with the cooperation of the companies involved; further, he believes
this is fully within the ability of the City to invoke some penalties.
5. Mr. Merritt mentioned the item of Parking and said he believes it is
a matter for serious'consideration. He referred'to an item in the paper
last Sunday about the Downtown' Development AuthoritY set up by the
merchants of West Palm Beach. He said. the item explained what the
Authority is about and the fact that they are trying to revive the down-
town Clematis Street area of West Palm Beach. Further, it cited three
of its accomplishments during the first year, two of them being the pur-
chase and preparation of two parking lots in the downtown area for off-
street parking. He said he feelsthat by providing the downtown park-
ing areas Delray Beach will not have-the problem that West Palm Beach
is now suffering from.'
5. Mr. Wilson said that when the recently purchased Bon Aire Hotel
property is prepared as an off-street parking facility it will serve
the entire downtown area.
5. Mayor Saunders read aPROCLAMATION, proclaiming the week of Septem-
ber 17-23, 1968, as CONSTITUTION WEEK in the City of Delray Beach, and
urged'all'citizens to pay special attention during that week to our
Federal Constitution and the advantages of American Citizenship.
'9-9-68
5. Mayor Saunders read the following PROCLAMATION and then presented
same to Mr. George W. Wall, Jr.: ~
~EREAS, the City Council Df the City of Delray Beach, Florlda,
has long recognized the desirability and urgent need for the econ-
omy of this City to have more year-round balance through the ~loca-
tion of selective light industries within the corporate limits;and
WHEREAS, Orbit Communications, a division of Harvey Hubbell In-
corporated, has recently relocated its entire research and produc-
tion operations to newly constructed facilities on CongressAvenue
in this City; and
WHEREAS, Orbit Communications is engaged in the design and pro-
duction of electronic equipment for the communications industry;and
WRENS, the firm will commence with initial employment of about
50 employees which is anticipated to approximately double in the
first year of local operation;
NOW, THEREFORE, THE FOLLOWING PROCLAMATION IS UNANIMOUSLY
ADOPTED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA:
The City Council of the City of Delray Beach 'commends the ef-
forts of George W. Wall, Jr., which .culminated in the location
of the operations of Orbit Communications in this community, and
in such commendation hereby expresses the hope that this new in-
dustry will prosper and enjoy continued success.
Dated this 9th day of September, 1968.
Mr. Wall thanked all the departments of the City Government and all
the people in Delray Beach for the very fine cooperation received in
getting their business established in its present location. He said
they are pleased with their location in this area and have found a
~ group of people that will fulfill their needs from a labor point of
~ V~ew and he believes that withthe type of cooperation and climate here
other good types of business will be attracted to this area which he
believes will be an asset to the City.
6.a. Concerning a survey of land in violation of the City's nuisance
laws, presented by the City Manager, Mr. Youngblood moved that the City
Clerk be instructed to proceed withthe enforcement of Chapter 15 of
the City Code of Ordinances, the motion being seconded by Mt. Wilson
and unanimously carried.
(copy of nuisance survey is attached to the official copy of these
minutes.) See pages 180'A-C
6.b. The City Manager informed Council that Mr. Anthony H. Holliday,
Sr., desires to purchase Lots 26 thrum32, Block 40, and has submitted
a deposit in compliance with Charter requirements, which accompanied
his request. Further, Council may decline any interest in disposing
of this land, or itmay direct the.administration to comply with pro-
.visions of the City Charter whiCh-require advertising the offer, terms
of proposed sale at public auction, .and'Council determination, upon be-
ing advised of bids received at such auction, as to whether it accepts ~
the high bid or rejects all bids, this being theprerogative of Council.
He said the lots involved comprise.280 feet of.frontage on S. W. 4th
Avenue, adjacent to and extending southerly fromMr. Holliday's resi-
dence on the southeaSt corner of S~W. 4th Avenue and 3rd Street, per
sketch presented ~to Council ~with the agenda.
Mayor Saunders asked the City Manager if it had be~n determined
whether the City has any need for this property, and the City Manager
said that had not been determined at this time.
Mr. Youngbtood said the Ministerial Alliance and others have been
contemplating asking the City for some land in that area upon which
they may construct a Community Day Care Center, and said he felt that
would be an ideal location, but does not know if it would be large
enough.
During comments, Mr. Wilson said it is his wish that Council explore
further the poseibility of seeking a suitable tract of land for the
proposed Day Care Center.
-2- 9-9-68
177
Mr. Wilson moved that the?'request of Mr. ~oll£daY for the tight'to
purchase Lots 26 thru 32, Block 40, be granted and that the City take
proper action as necessary, the motion being seconded by Mr. Youngblood.
To clarify the motion, City AttOrney Adams 'Said' that he assumes it
is the intention that steps be taken for holding a public auction, with
the idea that any bid ~an be refused.
The City Manager said if it iS ~esired by Council, a map would be
furnished denoting other City owned property in that general locale at
such time as the results of the public auction is presented to Council
for final determination. Mayor Saunders said that would be very help-
ful.
Upon call of roll on the motion that a p~blic auction be held, the
motion carried unanimouslY.
7.a. City Clerk Worthing informed Council ~hat Mr, David Hoggins, 327
N. W. 8th Avenue, petitions Council for agratis occupational license
on the grounds of being 65.years of age, or older, an~ in compliance
with Section 16-4 of the City's C°~e of Ordinances, and as further pro-
vi~ed by the laws of the State of Florida, it is recomme~ed this re-
quest be granted inasmuch as Mr. Hoggins is over ?0 years of age.
Mr. Wilson moved that Mr. Hogginse request be granted, an~ said that
he regrets it cannot be made retroactive~ The motion was seconde~ by
Mr. Youngbloo~ and carr£ed unanimously.
?.b. City Clerk worthing informed Counuil that Mr. Leroy Hayes of 13
N. W. 10th Avenue, has purChased the tavern kno~ as th~ ~ttantlc Drive
In, located at ?02 West Atlantic Avenue~ further,'Mri.~aYes has renamed
this bus~ness the "Atlantic Two Spot" and petitions for transfer of Li-
cense No', 152, permitting consumption on the premises'ofbeer and wine,
issue~ to the previous owner Mr. Daniel Pri'ce~ 'an~ in view. o~-the ap-
plicant having been investigated in'the usual manner an~ approved by
Delray Beach and State Beverage Department officials, it is recommende~
that the transfer of said license, as requested, be granted.
Said request for transfer'of License No. 152 waS'unanimously grante~,
on motion by Mr. YoungbloO~ and seconded by Mr. Jurney~
?.c. The City Clerk informed Council of a petition having been'rece'ived
requesting transfer of Beer and Wine License No. 1342 for consumption
on the premises, currently he!~ by Mr. Jesse Daniels, for operation of
the business-located at ~24 West Atlantic Avenue and known as the
"Teddy Bear", recently purchased by Mr. Willie F. Bean, Sr., the appli-
cant; further, the petitioner has been investigated in the prescribe~
manner, a~proved by the State Beverage Department and the City's Law-
enforcement division, an~ it is~ therefore, recommended that this re-
quest for transfer of License No. 1342 to Mr. Bean be approved.
Said request for transfer of LiCense No. 1342 was unanimously grant-
ed, on motion by Mr. WilSon and seconded by Mr. Jurney.
?o~. Pertaining to a petition for ~abandonment of a portion of unused
right-of-way, City Clerk ~orthing reporte~ to Council aS follows:
"Improvement of State Roa~ 806, West Atlantic Avenue, a ~eWyears
ago resulted in eliminating DaVis Road egress and ingress tO'Atlantic
Avenue, ~ue to construutiOn of a new bridge over the canal on the East
Side of Breezy Ridge Estates. At that time it was uncertain if pro-
v/sion could be made for reopening of Davis Road, which, up to ~he'~ime
of its being close~ by the State, had ma~e possible automotive traffic
egress an~ ingress to Atiantic Avenue from the north, mainly Sudan S/D,
lying adjacent to an~ south of Delray Shores S/D. Therefore, an 80 foot
right-of-waywas obtained, bY ~edication, west of Breezy Ridge Estates,
running northerly from Atlantic Avenue. for approximately 486 feet as
shown on a sketch accompanying the agenda. This right-of-waywas actu-
ally a northerly projection of HomewoOd Boulevard, and'was Solicited by
the City at that time as a start toward' providing an alternative, though
~ound-about, ConneCtion between Atlantic Avenue and Su~an Subdivision%
During the Current year, the County and the City~ through the con-
tinuous efforts of the city ~mnager, hav~ade possible re-opening of~
-3- 9-9-68
Davis Road into West Atlantic Avenue. Therefore, inasmuch as there
would remain sufficient 'right-of-way from the original 80-foot dedica-
tion to meet any future need of the City for public purpose and con-
venience, and concurred in by the Planning and Zoning Board, the peti-
tion of the original grantor of the 80-foot right-of-way for abandon-
ment of the east 40 feet thereof is recommended be approved°"
It was so moved by Mr. Jurney, seconded by Mr. Wilson and unanimous-
ly carried.'
8.a. City Clerk Worthing presented RESOLUTION NO. 38-68.
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, 1968 TO THE 30TH
DAY OF SEPTEMBER, 1969; TO PRESCRIBE THE TERMS, CONDITIONS
AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATION AND
THEIR PAYMENT; AND TO 'REPEAL ALL RESOLUTIONS ~,H4OLLY IN CON-
FLICT WITH THIS RESOLUTION, AND ALL RESOLUTIONS INCONSISTENT
WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY; AND
TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY
BEACH FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR
THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS
AGAINST THE PROPERTY LOCATED IN THE FORMER CITY OF DELRAY,
AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER.
(Copy of Resolution No. 38-68 is attached to the official copy of these
minutes.) See pages 180-D-G.
There being no objection t~ Resolution No. 38-68, said Resolution
was unanimously'passed and adopted on this first and final reading, on
motion by Mr. Jurney and seconded by Mr. Merritt.
9.a. Relative to the Planning/Zoning Board's report concerning proposed
replat and development for a portion of South Tropic Isle Subdivision,
City Clerk Worthing reported to Council as follows:
"The Planning and Zoning Board, at a meeting held on September 3rd,
favored acceptance of the proposed replat of Lots 498 thru 568 in
TROPIC ISLE Subdivision, as submitted by the Bargas Development Corpor-
ation. This action, in general, conforms with the tentative agreement
and. understanding reached with Mr. Carl Bolter of First Federal Savings
& Loan of Miami, Mr. Bargas (the developer), and Council at a recent
informal meeting in City Hall, at which time, Mr. Odas Tanner, developer
of a large tract of land adjacent to, and north of the previously de-
scribed property, concurred in such development as proposed by the
Bargas Development Corporation.
At said meeting, held on September 3rd, the Board, three members
being absent, unanimously recommended to Council acceptance of the
Site Plan submitted by Mr. Bargas for Multiple Dwelling development of
the above described lands, subject to full compliance with the regula-
tions governing such construction in RM-l'zoned lands as is the classi-
fication of this specific tract.
Subject to submission by the developer of a FINAL PLAT reflecting
NO change from preliminary REPLAT as submitted by Mr. Bargas to the
Board on September 3rd, Council approval of the Site Plan, as accepted
by the Planning/Zoning Board, in its report attached to the agenda, is
recommended o"
It was so moved by Mr. Youngblood and seconded by Mr. Wilson.
The City Manager referred to the recent informal workshop meeting
on this item and said there had been considerable discussion regarding
fire fighting measures that would be provided by Mr. Bargas in the de-
velopment of that area. He reported that Mr. Bargas has declared that
he will not only provide the minimum, but far above the minimum, of
fire fighting provision~ Which he builds into his condominium develop-
ments, far surpassing t~9 Fequirements of the Code of the City of
Delray Beach or for 'the'gt~te of Florida. Further, the City does have
provisions in its Code which provide for standpipes and fire fighting
-4- 9-9-68
abilities within the structures themselves for all structures over
forty-five feet in height.
The City Manager reported that Mr. Bargas did assure the Council and
the Planning and ~oning Board that the elevator requirements of his
buildings were such that they would accommodate a stretcher.
It was also pointed out that Mr. Bargas had assured Council and the
Planning and Zoning Board that he has amply provided for the drainage
in this subdivision development. It was also made known that Mr. Odas
Tanner, who is presently engaged in construction of a condominium
velopment in this area, has assured Council that he is providing for
the drainage of storm waters in his area of development.
Council expressed its appreciation for the cooperation of Mr. Bolter
and Mr. Bargas and Mr. Tanner in providing for the exceptionally high
grade development of the area involved.
Upon call of roll on the motion for approval of the Site Plan, as
accepted by the Planning/Zoning Board, the motion carried unanimously.
~.b. City Clerk Worthing read a memorandum from City Engineer Fleming,
dated September 6, 1968, concerning the proposed filling of Priest's
Pond.
(Copy of said memorandum is attached to the official copy of these
minutes.) See pages 180-H-I.
During discussion of the report, and of Priest's Pond, Mr. Jurney
said that he would like an opinion from all the owners of Priest's
Pond concerning the filling of same, also the legality involved con-
Cerning the filling of the pond.
The City Attorney said it would be legal if every property owner
consents to the filling of the pond, since it is on private property~
further, if all property owners did not consent he fee~s the City ~ould
have to go much further in declaring it a nuisance than merely saying
it breeds mosquitoes, as the County Health Department in the past has
said~ it was not a nuisance at that time.
Mr~ Youngblood moved that a letter be sent to each property owner
around Priest's Pond asking that they either give or deny permission
for ;the' City to fill the pond. The motion was seconded by Mr. Jurney
and carried unanimously.
10.bo Mr. Merritt said that in driving around town he had observed
buildings that apparently should be condemned, and moved that the City
Administration look into the possibility of condemnation proceedings
concerning some of the buildings of the ~ntucky House property and
also other properties that may come under that category, the motion
being seconded by Mr. Jurney and unanimously carried.
10.b. Mrs. Phyllis Plume reported on the progress of the Youth Employ-
ment Service program, saying there have been 72 young people placed in
'jobs this summer, and that one young man had been placed this week.
10.b. Mayor'?Saunders announce~ there would be ~ Public Hearing conducted
by the Florida Legislative Council Committee'On Beaches And Shoreline
Erosion, at 9:30 A.M., Friday, September 13, 1968, in the City Council
Chambers at the City Hall in west Palm Beach, Florida, and polled the
Council concerning their plans to attend said meeting°
i0.b. Mrs. Phyllis Plume, representing the League of Women Voters~
invited everyone to attend a meeting, sponsored by said League, to be
held at 10=00 A.M., Tuesday, S~ptember 1?th, 1968, in the Council Cham-
bers at the City Hall in Delray Beach, where explanation would be made
of Florida's new revised Constitution on which people will be voting
on November 5th. She said 'that Representatives Don Reed (R) of Palm
Beach County, and Murray Dubbin (D) of Dads County, members of the
Steering Committee of the Constitution RevisiOn, would be the speakers.
-5- 9-9-68
8'0
10.c. City Clerk worthing presented Bills for Approval as fo!lows=
General Fund $ 78,256.67
Water Operating & Maintenance. Fund 6,280.27
Water Revenue Fund 30,000.00
Sewer Revenue Fund 83,000.00
Sewer Operating &Maintenance Fund 29,086.05
Special Assessment Fund 108,000.00
Utilities Tax Revenue Fund 1,550.00
Capital Improvements Construction Fund 100,150.00
Cigarette Tax FUnd 5,358.00
The bills were unanimously ordered paid, on motion by Mr. Jurney
and seconded by Mr. Wilson.
The meeting adjourned at 9:03 P.M.
R. D. WORTHING
City Clerk
-6- 9-9-68
180-A
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
CITY
_OWNER. AND ADDRESS PROP~RTY_.DESCRI ~PTI~ON CODE
1. Carl S. & DOris E. Graham, Jr. Vacant part of Lot 6, 15-3
1824 Lakeview'Road Block 1, Totterdale 'Add. &
Clearwater, Florida 33516 (1401 Dale Lane) 15-4
2. Alexander & Jerry Peakes, Jr. Vacant part of West 59.85 15-3
706 S. W. 1st Street feet of East 151.28 feet
Delray Beach, Florida 33444 of North 100 feet of Block 15-4
6. (13) (706 S. W. 1st Street)
3. Charlie Variance Vacant part of West 66.44 15-3.
702 S. W. 1st Street feet of E 91.44 feet of
Delray Beach, Florida 33444 North 100 feet of Block 6. 15-4
(14) (702 S. W. 1st Street)
4. Willie & Lueetha S~pson Vacant part of South 50 .. "15-3
110 S. W. 7th Avenue feet of North 150 feet of
Delray Beach, Florida 33444 West 126.32 feet of Block 6.15-4
(15) (110 S. w. 7th Avenue)
5. Eastern credit CorPOration Vacant ~part~of ~°Uth 50 15-3
c/o Marton R. Goudiss feet of North 200 feet of
420 Lincoln Road West 126.34 feet of East 15-4
Miami Beach, Florida 33139 151.34 feet of Block 6.
(Agree/Deed Perry & Lucinda (16) {114 S. W. 7th Avenue)
Williams, P. O. Box 3427,
West Palm Beach, Florida 33402)
6. Moses & Lottie Spencer Vacant part of South 50 15-3
1!8 S. W. 7th Avenue feet of North 250 feet of &
Delray Beach, FlOrida 33444 West 126.38 feet of East 15-4
151.38 feet of Block 6.
(17) (118 S. W. 7th Avenue)
7. Sussie~Williams Vacant Dart of South. 50 15-3
122 S. W. 7th Avenue feet of North 300 feet of
Delray Be~ch, Florida 33444 West 126.38 feet of East 15--4
151.38 feet of Block 6.
(18) (122 S. W. 7th Avenue)
8. Beulah Deveaux vacant part of North 53.05 15-3
336 S. W. 4th Avenue feet of South 312.20 feet &
~elray Beach, Florida 33444 of WeSt 126.40 feet of East 15-4
151.40 feet of BloCk 6.
(19) (126 ~ W. 7th Avenue)
9. calvin D. Tynes Vacant part of North 53.05 15-3
130 S. W. 7th Avenue feet of South 259.I5' of .West
Delray Beach, Florida 33444 12'6~'42' of Eaet [5~.42' of 15-4
Block 6,' (20) (130 S.W. 7th Ave.)
}~0. R.V. & Rosa B. Brinkley vacant part of North 53.05 15-3
134 S. W. 7th Avenue feet of South 206.10 feet
Delray Beach, Florida 33444 of West 'i26.44 feet of East 15-4
151.44 feet of Blouk 6.
(21) (134 S. W. 7th Avenue)
9/9/68
~'0'~
180-B
Page 2. Nuisance List, September 9, 1968
CITY
OWNER, .AND ADDRESS pROp...ERTY DESCRIPTION CODE
11. Ival Vehonice Wagner Vacant part.of North 53.05 15-3
138 S. W. 7th Avenue feet of South 153.05 feet &
Delray Beach, Florida 33444 of West 126.46 feet of 15-4
Eas~. !51.4~ feet of Block 6.
(22) (138 S. W. 7th Avenue)
!2. Laura Washington Stephens Lot 12, A. J. Johnson. 15-3
624 West 143rd Street (102 N. W. 13th Avenue)
New York, New York,. .100031 15
13. Annie May Jenkins Watts & Lot 1, Block 9, Atlantic 15-~.~
Maggie Lee Watts Gardens. &
326 S. w. 5th Avenue (101 S. W, llth Avenue) 15.-4
Delray Beach, Florida 33444
14. Carrie Johnson Vacant part of Lots 2 & 3, 15-3
P. O. Box 2071 Block 9, Atlantic Gardens. &
Delray Beach, Florida 33444 (105 S. W. llth Avenue) 15-4
'.15. Agnes Clark Lot 17~ Block 4, Monroe. 15-3
109-27 208th Street (24 N. Wo 7th Avenue) &
Queens Village, New york 11429 15-4
16, D. Rome Vacant part of Lot 26, 15-3
~623 .Riviera Driv~ Block 4, Monroe. &
Coral Gables, Florida 33134 (Rear of 25 N. W. 8th Ave.) 15-4
17. Louise D. Meade Lot 26, Block 12, Monroe; 15-3
P. O. Box 331 & North 37.5 feet of East &
De!ray Beach, Florida 33444 130 feet of west 155' feet 15-4
of South ½ of BlOCk 4.
(21-25 N. W. 7th Avenue).
Violations 15-3 and 15-4 as concern this report are as follows:
1, 15-3 - Garden trash
15-4 - High weeds
2, 15-3 ~.Garden trash
15-4 - High weedsand some undergrowtl%
3. ~ 15-3 - Garden trash
1~-4 - High weeds
4. 15-3 - Garden trash
1~-4 - High weeds
5, 15-3- Garden trash
15-4 - High weeds
6~ 15-3 - Garden trash
15-4 - High weeds
7. 15-3 - Garden trash
15-4 - High Weeds
8° 15-3 - Garden trash
15-4 - High weeds
9. 15-3 - Garden trash
15-4 - High weeds
10, 15-3 - Garden trash
15-4 - High weeds
11. 15-3 - Garden trash
15-4 - High weeds,
12. 15-3 ~ Garden trash
15-4 - High weeds and heavy undergrowth
180-C
Page 3. Nuisance List. Sel~tember 9. 1968.
Violations 15-3 and 15-4 as concern this report are as follows:
(continued)
13. 15-3 - Garden trash
15-4 - High weeds and underbrush
14. 15-3 - Garden trash
15-4 - High weeds and underbrush
15. 15-3 - Garden trash
15-4 - High weeds and heavy undergr0wth
16. 15-3 - Garden trash, refrigerators, washers, water tanks,
loose lumber and other debris
15'-4 - High weeds and heavy undergrowth
17. 15-3 - Garden trash
15-4 - High weeds and heavy undergrowth
Submitted to the City Council by the City Manager on
this the 9th day of September, 1968.
90I
180~D
RESOLUTION NO. 38-68.
A RESOLUTtON MAKI~G APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF TH~ CITY OF DELRAY
BEACH, FLORIDA, FOR THE PERIOD PROM THE 1ST .DAY OF
OCTOBER, 1968 TO THE 30TH DAY OF SEPTEMBER, 1969; TO
PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS.WITH
RESPECT TO THE ITEMS OF APPROPRIATIONAND THEIR PAY,
MENT; AND TORE'PEAL ALL RESOLUTIONS WHOLLY IN CONFLICT
WITH THIS RESOLUTION, AND ALL RESOLUTIONS INCONSISTENT
WITH THIS RESOLUTION TO.THE EXTENTOF SUCH INCONSIST-
ENCY; ANDTO LEVY A TAX ON ALL PROPERTIES WITHIN THE
CITY OF DELRAY BEACH FOR MAINTENANCE AND OPERATION,
AND TO' LEVY A TAX POR THE PAYMENT OF PRINCIPAL AND
INTEREST ON BONDED INDEBTEDNESS AGAINST THE PROPERTY
-LOCATED IN THE FORMER CITY OF DELRAY, AND TO ALLOCATE
AND APPROPRIATE SAID COLLECTIONS THEREUNDER.
BE IT RESOLVED by the Council of the City of Delray Beach,
Florida: That the following sums of money be, and hereby are appro-
priated upon the terms, conditions and provisions herein before and
hereinafter set forth:
ARTICLE .1.
Other Capital
Estimated Expenditures: Salaries Expenses Outlay TOT.AL
Legislative $ 6,'60b]$ ~,950. $ "2"~:'- $"" 9,550.
Executive 44,825. 20,865. 4,375. 70,065.
Judicial 4,500 i0. ~ - - 4,510.
Elections 380. 395. - - - 775.
Dept. of Finance 103,03'2. 13,769. 2,103. 118,904.
Dept. of Law I3,500. 1,650. - - - 15,150.
Advisory Boards & officers _ _ _ 38,385 _ _ _ 38,385
Dept. of Public Safety 545,196. 77,028,.~. 23,764. 645,988.
Dept. of Public Works 365,018. 169,903. 32;022. 566,943.
Libraries - - - 62,949. - - - 6.2,949.
Dept. of Parks & Recreation 235,393. 85,205. 2'9,790.. 350,388.
Non-Departmental 20,194. 208,789. 420. 229,403.
Transfers - - - 76,529. - - - 76,529.
Debt Service - - - 68~ 615 - - - .~..6.8t 615.
TOTAL EXPENDITURES $1,338,628. 827,042 $'92,474~2,25'8,154
GENERAL FUND
Revenue:
General Property Taxes $1,052,484.
Franchise Taxes 93,800.
Licenses & Permits 124,300.
Fines & Forfeitures 49, 250.
Revenue from Use of Money and Property 21,.450.
Revenue from other Agencies 8.7,037.
Charges for Current Services 243,140.
Sale and/or Recovery of Loss to City Owned Property 18,425.
Transfers from Other Punds 424,598.
143,670
Unappropriated Surplus ......
TOTAL REVENUE $2,258, '154
80I
180-E
Page 2. Resolution No. 38-68.
ARTICL~ II..
Other Capital
Estimated ~xpenditures~ S~l'a~!9~- E~nses outlay T.OTAL
~d~inistration $ 28,422. $ 9.~.~0.'-' $ - - - $ 38,172.
Source of Supply - - - 17.,250. 7,000. 24,250.
Treatment &Purification 25,445. 12,83.0. 100. 38,375.
Transmission & Distribution 84,943. 65,155. 45,460. 195,558.
Accounting & Collection - - - 34,956. - - - 34,956.
Sewer System 46,651. 26,743. 5,100. 78,494.
Insurance & Taxes .... 95,952. - - ~ 95,952.
Depre~ia~io~ & Conti~gency - - - 430,000 .... 430,000.
PenSion - - - 5,694. - - - 5,694.
vi - - 05 ., __
Debt Set ce ..... - 348.~ 3. - - - 348,033.
TOTA~ ~XPENDITURES $185,461. $1,046,363. $57,660. $1,289,484.
Revenue:
Revenue From Use of Money and Property 34,500.
Sales & Charges for CUrrent Services 791,450.
Sale and/or Recovery of Loss to City Owned Property 350.
Unappropriated Surplus ._ ~ 46~184~
TOTAL REVENUE $1,289,484.
Other Capital
Estimated Expenditures: Salarie~ Expense~ ~ TOTAL
Transfers - - - 228,450. - - - ~28~'450o
Debt Service ~ -.7 . ~9.,..15~.? .... ~.'~.-. !4.,15~i~
TOTAL EXPENDITURES - - - $302,605. - - - $302,605.
CI~TTE ,,T~ FU, ND
Revenue~
ReVenue from Use of Money & Property 1,800.
.Revenue 'From Other Agencies 280,000.
Unappropriated Surplus ...... 20t895... . ..
TOTAL REVENUE $302,~05.
%RTIC.LE..IV~
UTILITIES. ~A~ FUND
~stimated Expenditures:
Transfers 160,000.
Debt Service 1'8,000.
TOTAL EXPENDITURES $178',000.
U~ILITIESTAX FUND
Revenue:
Utility Taxes 190.300.
Fund Balance .
To AL $17 ,
10I
180-F
Page 3. Resolution No. 38-68.
CONDITIONS RELATING TO APPROPRIATIONS:
Section .5~1 - All monies hereinbefore appropriated are appropriated
upon the terms, conditions, and provisions hereinbefore and herein-
after set forth.
~9~ion .~.2 - Subject to-the qualifications contained in this resolu-
tion all appropriations made out of the General Pund are declared to be
maximum, conditional, and proportionate appropriations, the purpose be-
ing 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, 1968, and terminating the 30th day of September,
1969, for which the appropriations are made, are sufficient to pay all
the appropriations in full; otherwise the said appropriations shall be
deemed to be payable in .such proportionas the total sum of realized
revenue of the General Fund, is to the total amount of revenues esti-
mated by the City Council to be available in the period commencing the
1st day of October, 1968 and terminating the 30th day of September, 1969.
~e~!on 5.].~ 'Ail"balances of the appropriations payable out of the
General Fund of the City Treasury unencumbered at the close of business
on the 30th day of September. 1968. 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 appro-
priation for the~fiscal year commencing the 1st day of October, 1968.
Provided, however, nothing in this Section shall be construed to be ap-
plicable to. unencumbered balances remaining t0the credi~ of theWater
and Sewer Fund, Cigarette TaXFund 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 fisca'l year commencing the
1st day.of October, ~1968,
section 5.4 - No department, bureau, agency, or individual receiving
appropriations under the provisions of this resolution shall exceed the
amount~of ~its'or his appropriation except with the consent and'approval
of'~'the'City'Council first obtained; and if such department, bureau,
agency or individUal Shall exceed the amount of its or his appropria-
tion without such consent and approval of theCity Council, the admini-
Strative officer or individual, in the discretion of'the City Coundil,
may be deemed guilty of neglect of official duty'and may be subject to
removal therefor.
~ect~o~ ~5 - Nothing in this resolution shall be construed as author-
izing any reduction to be made in the amounts appropriated in this res-
olution for the payment of interest, on, or retirement o~, the debt of
the City of~Delray Beach, Florida.
Section _5.6 - None of the'monies enumerated'in this resolution in con-
n~Ction 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
Direc'tor of Finance to see that this sectionals complied with in all
respects and report tO'the CityManager and 'City Couhcil any violations
thereof.
Sect$on 5.7 - All monies collected by any department, bureau, agency
or individual of the City Government shall be paid promptly into the
city Treasury.
~ 180-G
Page 4. Resolution No. 38-68.
Section~5~8 - The foregoing budget be and hereby is adopted as the
official budget of the City of Delray Beach for the aforesaid period.
Provided, however, that the restrictionswith respect-to the expendi-
tures of the funds appropriated shall apply only to the lump sum
amounts for classes of expenditures which have been included.in this
resolution.
se'c~ionl,6.%- .That there shall be and hereby is appropriated for the
General Fund operations of the City the revenue derived from the tax
of 9 mills per one .($1.00) dollar of assessed valuation, which is here-
by levied on all taxable ProPerty within the City of Delray Beach for
the fiscal year commencing October 1, 1968 and terminating September
30, ~1969, the assessed valuation on all taxable property for operating
purposes within the City of Delray Beach being $111,009,860. for oper-
ating and/or maintenance expenses of the General Fund, and also in ad-
dition, all revenues derived bysaid City during said fiscal year from
all other sources than the tax levy for current bond service, andthat
part of colleotion of delinquent taxes levied for bon~ service.
Section ~.2 - That the amouDt of money necessary to be raised for in-
terest charges and bond redemption which constitutes a general obliga-
tion bonded indebtedness of that portion of the City of Delray Beach,
which was formerly the City of Delray, is $68,615. and that there is
hereby appropriated for the payment thereof, all revenues derived from
the tax levy of i ~ill per one ($1.00) dollar of assessed valuation,
which is hereby levied for that purpose for the fiscal year commencing
October 1, 1968 and terminating September 30, 1969, upon the taxable
property in that portion of the City of Delray Beach, which was former-
ly the City of Delray, the assessed valuation being $78,670,330. and
' d
there is hereby apprQpr~ate , if necessary, from the surplus sinking
fund cash sufficient monies which, together with proceeds of said tax
levy for debt, will meet the debt requirements for the aforesaid fiscal
year.
~RTICLE VII
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida this 9th day of September, A.D., 1968.
/S,/ ~J. L. Sau_nders . .......... , ,
MAYOR
ATTEST .'
/SA.R. D~ Worthinq
City Clerk
Memorandum
To: City Manager
an~ to: City Council
Subject: Proposed Filling of Priest's Pond
Date: September 6, 1968
The· following report on the status of Priest's Pond as a par~ of the
drainage system for the Southwest section was requested by the City Council,
under Item 10-b of the regular meeting of August 26, 1968, in connection '~
with the possibility of filling said pond by utilizing material from the :
raz%ng of the Bon Aire Hotel.
Priest's Pond is presently utilized as part of the drainage system of the
s°U~hwest section only to the extent that it conveys the water entering at tw¢
poihts(near the center of the North side and near the Northeast corner)
to %he point where it flows out near the Southwest corner, and beyond that
serves no needful purpose.
If the storm water were conveyed from the point of entrance to the pond, to
the point of exit from the pond~by other suitable means, either by open
ditch or by a storm drain of the proper size and grade, the pond would be
unnecessary. In my opinion it would be beneficial both to the City and"to
the adjacent property owners to eliminate this pond, not only because of
the safety hazard it presents but because of the general health hazard due
to the breeding of mosquitoes and insects.
In the present drainage system, all of the water from the flooding areas
north of Priest's Pond must now flow through the pond and thence south a
short distance through an open ditch to Southwest 4th Street. At this
point a large pump is set up and the water lifted over a dike to a higher
level on the South where it again may take up its flow to the South. It
is obvious that in order to permit the water to flow into Priest's Pond,
enough'water must be pumped to lower the elevation of the entire pond to
a point where the water from the flooded areas above will flow into the
pond. If the proper length of storm pipe were substituted for the existing
pond, the water would be pumped direct.ly away from the flooding areas with-
out-the"necessity of lowering the elevation of the entire pond, which also
inciu~es k~ ~, lowering of the water-table for a sizable area around the
pond. inasmuch as the water infiltrates through the sides of the pond about
as rapidly as it can be pumped out.
A very rough estimate of the amount of useable fill material which might be
expected from the destruction of the Bon Aire is approximately 1500 cubic
y~r~.s. This does not include any amount which might be obtained from the
~ova~ of the foundations as it is presumed they wOuld not haVe to be re-
moved if the area is to be used for parking. A rough estimate of the
° 180-I
Sub~ect~ Proposed Filling of P~iest's P6nd
amount of fill required to level Priest's Pond, assuming it has an
average depth of approximately ten feet, shows that it would require
approximately 15,500 cubic yards or nearly ten times the amount
produced by the Bon Aire.
The only access available to the pond for the purpose of filling is at
the East and West ends which, as previously mentioned, are the points at
'~ which the water enters and exit~-I~:;,,, The pond averages about seventy feet
in width by nearly six hundred feet in length,, thus it would be very
~':~ 'i~difficult to set up a satisfactory procedure for filling the pond in
~!'. ~"!stages as fill becomes available.
i o
~ City Engineer