10-30-67 15~
OCTOBER 30,
A regular meeting of the C~ty Counc£1 of Delray Beach was held
in the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the
Chair, City Manager David M. Gatchel, City Attorney John ROSS Adams,
and Councilmen J. LeRoy Croft, James H. Jurney, LeRoy W. Merritt an~
George Talbot, Jr., 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 meeting of October 9th and special
meeting of October 18th, 1967, were unanimously approved, on motion
by Mr. Croft and seconded by Mr. Merritt.
4. Mayor Avery introduced Mr. James B. Wilson and announced that Mr.
Wilson had filed as a candidate for Councilman in the coming election.
5. Concerning recent legislative action, Mr. Jurney moved that the
provision that a tenant-stockholder fna cooperative apartment,.bUild£ng
'who possesses the other qualifications shall be entitled to hold the
elective office of Mayor or City councilman be placed on the December
§th General Election ballot for public referendum. The motion was
seconded by Mr. Merritt and ~arried unanimously.
5. ~t~ .~urn,.ey referr6d ~6 a ye~y ~a,a=d°u~ condition On southbound
Fedei,~al/H~g~way~ '%'h/th'e area ~f ~he Southpo~nt Shopping Center prOPerty,
where th~ road ~n~rrows on a cur~ a,d .th~ speed limit ~ncreaees. Mr.
=urney asked ~hat the 'City' .Mana~~ 'deIegate the Safety. Direo%0= to
~valuate' this problem and report back at the next Council meeting.
C~y Manager .~atchel said that is a Sta~e. Road, a.d ~at he would
be glad to prepare recommendations of what wou~d be requested'of the
~tate Road Deparment on. this item.
5. 'Nr~ jurney informed Council of a call from N~s. Richard P. Moody
regarding stray dogs and cats and damage to her automobile. .He .directed
the City aan'ager to'check ~n~o ~his mat~er' and make a report at the
next .meeting. · .
Mayor Avery said. he had' received a~call from Mrs. Moody concerning
that item and .feels it is proper to. direct, the City Manager to see
that' the Ordinance is enforced.
6.a. Concerning a survey of, parcels of land in violation of the City's
nuisance laws presented by the Gity Manager, Mr. Croft moved that the
City Clerk be authorized to proceed with the enforcement of Chapter 15
of the Code of Ordinances, the motion being seconded .by Mr. Jurney and
.unanim0usly carried~ .{Copy O~ this list is attached' to the off$cial copy Of these minutes.) See pages 189-A-B.
~.b. Regarding the Board of Adjustment, City Manager Gatchel reported
to Council as follows~
-"Mr'. Ward M. Robinson has sVbmit=ed, his resignation f~om the Board
Of Adjustment, effect£ve OCtober.14, 1967, due to increasing pressure
of personal affairs.' :Mr.; Robinson has served thereon since the'Board's
inception in February, 1960, and~ prior to re~irement0 was Chairman of
the Board.
The Board Of Adjustment, in view of the resignation of its Chair-
man, Mr. Ward Robinson, has chosen Mr. H. Ben Adams to serve as Board
Chairman fo~ the unexpired portion of Mr. RobinsOn's term of office,
which expires March 15, 1968.
The Board of Adjustment further appointed Mr. Roy M. SKmon as
Vice-chairman fOr the unoxpired portion of Mr. Adams' term as Vice-
Chairman, which expires March 15, 1968.
Due to_ these changes in Board membersh£p, a vacancy ex~sts_.thereon
and in.'c0mpliance w~th Section 29-11 of the City's Code of OrdLnances,
-1- 10-30-67
~ncil should provide for the appointment of one regular.member for
the unexpired te~m of 1~. S~uon, which eXpireS on March 15, 1968.
Such appointee shall be a resident of the City of Delray Beach and hold
no other public office or position in the City.goverr~ent.
The remaining Board members reconwend ~hat Council appoint present
alternate member M~. Samuel Scobee"as a regular member for the unexpired
term of the vacancy thereon, which expires March 15, 1965, and appoint
MrJ Emory J. Barrow as alternate member."
Mr. Croft moved that the resignation of Mr. Ward M. RObinson be
accepted, with regrets, a~d.~/~e app~intments to said. Board O£'.Adjustments
be made as recommended. The motion was seconded by Mr. Jurney and
carried unanimously.
Mr. Talbot moved that a Certificate of Appreciation be presented
to Mr. Robinson fOr his services on said Board of Adjustment.
6.c. City Manager Gatchel informed Cottncil that Mr. Frank H. Bardow,
neither a resident of the City, nor having a place of business within
Delray Beach, has applied for a gratis liCense, permitting sign work,
lettering and gold leafing of windows, etc., due to being 65 years of
age or older and in compliance With Section 16-4 of the CitY's Code
of Ordinances, as well as the State Statutes. (ChaPter 205.15}, exemption
from license tax.up to ~50.00 is granted tO.anyone 65 years o£ age or
older. Further, there are, at present, ten active sign painters in the
city.
Mr. Merritt said that inasmuch as the applicant iS not a resident
of Delray BeaCh and does not have a business in the City, and. as there
are a nmmber of sign painters who do live in the City and pay taxes in
the City, he would move that the request be denied. The motion was
seconded by Mr. Jurney and carried unanimously.
6.d. Mayor Avery said that a sufficient, number of candidates had filed
for the offices of Mayor. and Councilman to require a ~rimary election.
He the~ made the following ELECTION PROCLAMATION.
WHEREAS, the Charter of the City of Delray Beach,
Florida, provides for a Primary Election for the purpose
of nominating two candidates for Mayor, and four candi-
dates for councilman, for the next General Election, 'and
WHEREAS, in pursuance of said Charter provisions,.
it is provided that a PrimaTy Election shall be held
two weeks prior to the first Tuesday in December.
NOW, TI~EREFORE, I, AL. C. AVERY, Ma~or of the City
of Delray Beach, FlOrida, do hereby call for such .Pri-
mary Election to be held on TuesdaY, NOvember 21st,
1967, between the hours of 7~00 A.M., and 7500
Poll£ng Place to be located at the Cor~munity
50 N. W. 1st Avenue, in the City of Delray BeaCh, Florida.
All qual-ified electors of the City of Delray Beach,
Florida shall be qualified to vote in such election.
Dated at Delray Beach, Fl°rida, on this the 30th
day of October, A.D. 1967.
6.e. City Manager Gatchel reported that as a result of the recent
Council interviews with various architects, concerning design'-plans
and construction supervision of the new proposed City Law Enforcement
Building, it is deemed, advisable that Council should determine and
reflect its choice for. such architect, and, subject thereto, authorize
the City Manager to provide for execu~tion of a "Standard Form of Agree-
ment" between the Owner and Architect; as approved by the City Attorney.
Mr. Merritt reported this item had Been taken under real strenu-
ous consideration as it was the desire to have the very best functional
facilities for police work,- and the Council and Administration went to
great lengths to find someone very well qualified in th~s line. He
then moved that Mr. James Gamble Rogers, II, of Winter Park, Florida,
be negotiated with as the Architect for the new L. aw Enforcement Complex~
-2- 10-30-67
183
The motion was. seconded by Mr. Jurney and carried unanimously.
City Attorne~ .Adams con~ented as follows~ "You have made the
appointment and that is fine. Now I would like for you to authorize
an Owner, Architect Contract to be executed at a single stipulated
sum contract at 6 per cant plus travel by the principles named in the
Contract at ten cents a mile, plus lodging and meals when they are
required to be here." It was so moved by Mr. Merritt, seconded by
Mr. Jurney and unanimously carried.
Architect James Gamble Rogers was introduced, and it was reported
that he had designed 40 jails and a number of court houses,
7.a. Concerning a request for transfer of Liquor License No. 99, City
Clerk Worthing reported to Council as follows:
"The Bon Airs Hotel has changed ownership. The new owner of the
property has retained Mr. V. J. Funderburk, Jr. as Manager of the
Hotel, as well as the Crystal Lounge connected therewith. Mr.
Funderburk has been investigated in the usual and prescribed manner and
approved by State Beverage Depert~ent and the local law enforcement
agency.
It is, therefore, recommended, that the applicat&on of De Tierra,
~nc,, the new owner of this property, for transfer of Liquor License
No. 99, previously issued to the seller of.the Hotel, be granted."
It was so moved by Mr. Jur~,ey, the motion being seconded by Mr.
croft .and tulanimously Carried. . .
7,bi 'Regarding a recluest:for transfer of a Beer License, City Clerk
Worthing reported tO r CO~Ci ! ~aS follows: . .
,A petition has been received from'Mr. Fred F. Wilson' requeSting
~he ,~transfer of .Occu. pa~_o.nai Li~eq~.se No. 83° issued to Blakely°s
SandWiCh Shop, 505 west Atlan~ic.,AVenue, which business has recently
been acqu£red by Mr. Wilson.
The new owner of the business has been investigated in:.the .usual
manner, approved bY the State Beyerage Department and the local law
enforcement division, and it is, therefore, recommended that this '
request be granted, subject, hOwever, to the applicar~t effecting pey-
sent in full to the City of $20.?0, which amount represents delinquent
water bills incurred by Mr. WilsOn in his operation of the Delray Palm
Theater in 1963 ($4,20), aud Atlantic Grocery, ?12.West Atlantic Avenue,
in 1966 ($16.50)."
Mr. Merritt moved that the transfer be granted subject to the
recommendations, the motion being seconded by Mr. Jurney and unanimously
carried.
7.c. The City. Clerk informed Council that Mrs. Joyce Cook, joined by
her husband, H. C. Cook, Jr., owners of improved, homesteaded property
on Lots 13 & 14, Block 11, Del-Ida Park, located at 219 Dixie Boulevard,
has applied for a Day Care Nursery, Which would be a conditional Use
of R-1AA'zoned ..lands; further, ~t ts recommended that this request be
referred ~o the PI. arming, and zoning ~BOard for a public hearing to be
held thereon, in accordance with the regulations set forth in the
City's Code of Ordinances.
Said request .was unanimously referred to the Planning. and Zoning
Board~ on motion by 'Mr. Merritt 'and seconded by Mr. Croft.
7.d. C~t¥ C~erk Worthing reported that Council referred the request
of the Seventh-da~.Adventist Church to solicit funds withi, n the City
to the Sol.£citatiOns Committee on October 9th, and said conunittee
reports that this 'Church originally was -in the City, moved just out-
side the City limits on Seacrest Boulevard for expansion purposes, but
iS still .considered a Church of this area, and recommands that Council
So consider it. The City Clerk further reported that Churches within
2he .City are exempt f~om regulations, aa set forth in Cha~ter 18 of
the Code of Ordinances, pertaining to solicitations, and, subject to
Counc il -3- 10-30-67
'184
austaining the recon~endation
recommended that the petition of the ,Seventh-day Adventist Church to
solicit funds within the City be granted.
Mayor Avery pointed out that a simitar request was granted to
that Church last year.
Mr. Croft ~oved that the req~es.t:!be granted,, the motion being
seconded by Mr. Merritt and ullanimo~sly oarried.
a.a. City Clerk Worthing presented RESOLUTION NO. 26-67.
A RESOLUTION AUTHORIZING THE ISSUANCE OF
$600,000 UTILITIF3 TAX REVENUE CERTIFICATES,
SERIES la6?, OF THE CITY OF DELRAY BEACH,
PROVIDING FOR TI~ PAYMENT AND SALE OF SUCH
CERTIFICATES, ENTERING INTO CERTAIN CONVENANTS
AND AGREEHENTS IN THAT CONNECTION, AND DE-
(Copy of Resolution No. 26-6? is attached to the official copy
of these minutes. } See pages
The City Clerk said that the money provided 'by the issuance of
said Utility ..Tax Revenue Certificates is for the pUrpose of paying the
cost of construction i~provements to prevent erosion of City Beaches,
the construction of a Law Enforcement Building which~ shall include
municipal ~ourt and ~jail as well as other police adm~nistration fac£1-
[ties relating thereto, and acquisition of furniture and equipment
therefor~ also the construction of storm drainage .facilities and
acquisition of rights~of-way necessary therefor~ also the acquisition
and improvement of off-street parking lots, and the aoquisition of
street rights,of-way, improvement thereof, and all costa relating
thereto.
Resolution No. 26-67 was unanimously passed and adopted on this
first and final r~ading, on motion by Mr. Talbot and seconded by Mr.
Merritt.
8.b. City. Clerk Worthing presented ORDINANCE NO. 32-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
D~LRAY BEACH, ~LORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH C2~RTAIN LAND LOCATED IN SECTION t8,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF, SAID
CITY~ REDEFINING TH~. BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE
ZONING THEREOF.
(Copy of Ordinance No. 32-67 ia attached to the official copy
of these minutes. }
The City Clerk said this Ordinance had been referred to the.
~lanning and Zoning Board for review thereof and conunent, and that
Board, at a special meeting held on October 12, 196~, voted unanimously
to advise the City Council that they are in complete favor of said
proposed Ordinance No. 32-67, which is to annex certain lands at the
Southwest corner o~ West Atlant£c Avenue and Southwest 20th Avenue
into the City o~ Delray Beach within the C-2 Zoning District.
There being no objection to Ordinance No. 32-67, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Talbot an~ seconded by Mr. Croft.
8.c. City Clerk Worthing presented ORD~INANCE NO. 34-67.
-4- 10-30-67
185
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DSLRAY-BEACH, FLORIDA, REZONL~NG
AND PLACING THE 'SOUTH t00 FEET OF NORTH
1395 FEET OF GOVERNMENT LOT 1 LYING EAST
OF 0CBAN BOULEVARD, SECTION 21, TOWNSHIP
46 soUTH, RANGE 43 EAST, DELRAY BEACH,
FLORIDA, IN "R*IAA SINGLE FAMILY DWELLING
DISTRICT", AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1960".'
The City Clerk reported that the original request for such re-
classification was referred, by Council, to the Planning and Zoning
Board for a public hear'Lng; further, at the regular meeting of said
Board on October 17, 1967, it voted unanimously to recommend to Council
the approval of the request for rezoning of said land from R-1AAA to
R-1AA.
Ordinance No. 34-67 was unanimously placed on first reading, on
motion by Mr. Jurney and seconded by Mr. Talbot;
8.d. City Clerk Worthing reported that Council, on September 2Sth,
referred a petition to the Planning and Zoning Board for a public
hearing to be held thereon, which requested rezoning of a tract of
land fronting on South Ocean Boulevard for approximately' 100 feet, with
a depth of 325 feet along the north side of Bay Street, from R-1AA
(Single Family Dwell£ng Districb) to R-3 (.Multiple Family Dwelling
District); further, tha6 said BOard' held. the Public Hearing on October
17th, and at a ~ecial meeting on October 24th,' voted, to recommend to
Council that the property, be reZoned from R-1AA to R-3' classification.
The City Clerk'then presented ORDINANCE NO. 35-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, 'FLORIDA~ REZONING AND PLACING THE
SOUTH 14.1 FEET OF LOT 11, ALL OF LOTS 12, 13 &
14, AND ALL OF THE SOUTH 100 FEET OF LOTS 15, 16,
17, !8, 19, 20, 21 & 22, ASBURY PARK HEIGHTS,
DELRAY BEACH, FLORIDA, IN "R-3 MULTIPLE FAMILY
DWELLING DISTRICT", AND'AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, !960''.
Ordinance No. 35-67 was unanimously placed on first rea'ding, on
motion by Mr. Jurney" and seconded bY Mr. Croft.
8.x. City Clerk Worthing presented ORDINANCE .NO. 36-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 28,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID.'LANDi PROVIDING FOR THE' RIGHTS AND
OBLIGATIONS OF~'SAID LAND; AND PROVIDING FOR THE
ZONING THEREOF.
The City Clerk expla.ined this Ordinance proposes annexation of
a tract of land fronting On South A1A and 1. ying between Del-Harbour
Subdivision and the Outrigger Apartments with R-3 Zoning Classification.
He suggested that Council may wish to re*fer said Ordinance to the
Planning and Zoning Borad for consideration and .commen~, prior to
its second reading and public hearing.
Mr. Jurn.ey moved that Ordinance No. 36-67 be placed on firet
reading and tltat it be referred to 'the Planning and Zoning Board- for
consideration and conv~ent by that Board prior to its second reading
and public hearing. The motion was seconded by Mr. Talbot' and .carried
un an imou sly.
-5- 10-30-67
9. a. City Clerk Worthing reported that concerning the petition for
Special Exception to building height from 45 feet to 102 feet on Lot
X, Block ~4, Seagate, and lands adja-~ent and north, thereof, the Plan-
ning and zoning.Board tulanimously .SaVored such development subject to
proper loading zones for'servtce~i]'.'.~e..hicles, underground utilities,
lighting controls to prevent d~=~tion of light ~to adjacent properties
from both permanent lighting fixtures and automobiles in the parking
spaces, as well as the Fire Department's approval of access for fire
fighting equipment in event of emergency. Further, the Planning and
Zoning Board recommends, in acco=dance with Section 29-7.5% of the
Code, that Council grant the Special Exception and approval of the
Site Plan, per re~ort of October 12, 1967.
Mr. Croft moved that said Planning and Zoning Board's recom-
mendation be approved, the motion being seconded byMr.. Talbot and
unanimously carried.
9.b. City Cierk Worthing read the following Beautification Co~mittee
meeting minutes of September 13, 19671
"Mr. Gooder reported that $1,000 of the COmmittee's
budget request for next year had been approved by the
Council and could be used at the Committee's discretion
on the planned projects. The Council directed the Com,
mittee to use regular purchasing procedures in the
future, getting Council's approval for each expenditure.
Mr. Merritt reported that the Council-approved plan
for parking at the Atlantic Avenue Park was being carried
out.
Mrs. Evaul, et the request of the Library Board,
offered the City the plantings from around the library,
which is soon to be expanded."
The City Clerk then read the Beautification Committee meeting
minutee of October llth, 1967, and the following items were considered
by Council~
(2) "The reaignationof Mre~ Bather Howard was accepted
and the following names were suggested to fill vacancies
and changes in organization representation on the Com-
mitteel
Mrs. Lens Brunner (210 N. W. 9th Avenue), as
member-at-large, to fill out Mrs. Howard's term.
Mr. John E. Gomery (1550 Highland Lane), mem-.
bet-at-large, to fill out Mr. Joseph Sante's term.
Mrs. Hugh Spilsbury (1040 Seasage Drive.), repre-
sentative of President's Parley of Garden Clubs,
to fill out Mrs. John Bordeman's term.
mr.. H~rbert'N~elson (2 Dolphin Drive), represent-
drive of Men's Garden Club, to fill out Col.
Clarence Bingham's term."
Mr. Merritt moved that said appointments be made as recommended
by the Beautification Committee. For clarification, Mr. Merritt said
that Mrs. Hugh Spilsbury and Mr. Herbert Nielson are member~ of the
Beautification Committee by virtue of the fact that they have been
elected as officers of their respective clubs, and those are the only
memberships that change each year. The motion was seconded by Mr.
Jurney and carried unanimously.
(3) "It was also suggested, that~ the Chamber of Commerce
be asked to send a representative to serv~ on the Com-
mittee."
Following discussion, Mr.. Merritt moved that the Chamber of
Commerce be authorized to have one member on the Beautification Com-
mittee, that member to be chosen by the Chamber of Commerce President
each. year. The motion was seconded by Mr. Croft and carried unanimous~y.
-6-~ 10-30-67
157
(7) "Mr. Merritt reported that the Jaycees would be
willing to supply all labor if the City would supply
materials to beautify the corner of N. E. 8th Street
and Dixie:..Boulevard. ~.A plal%, .prepared?by..Mr.~_ J~rry
Hughson, a local landscape architect, was approved
by the Committee. A motion was.made by Mrs. Plume
and approved that the plan be sent to the Council
for approval, that the project expense not exceed
$500, and that it be started as soon as ~ossible."
It was pointed out that th~ $500. cost for thie ~l~roject wOuld
come from the Beautification ~o~l~ittee budget.
Following a question by Mr. C=oft, Mr. Merritt. explained that it
would be a very simplified planting, requiring as little maintenance
as possible. He moved that the Co~h~c~l- approve said plan and that the
project expense not exceed $500. with said money to come from the
Beautification Co~nittee budget. The motion was ee=onded; by Mr.
Jurney and carried unanimously.
(8) "Mrs. Spilsbury questioned the replacement of a
tree on City-owned property at the end of Seasage
Drive. The Garden Clubs would like to see a flower-
ing tree planted. Mr. Cartee is to contact.-Mr.
Worthing and. see what can be done."
Mayor Avery relinquished the gavel to Vice-Mayor Jurney and moved
that the,City Manager, be authorized to exercise his discretion and if
any money is required, that~it come 'from the Beautification. Committee
budget? The motion-was seconded by. Mr. Talbot and carried unanimously.
(!0) "Mr. Parker also pointed out that garbage col-
~ec~0r~. in the west*~h sector 'are gett£ng careless.
Considerable debris, is biOWing out of trash cans ~s
Collectors wait for the trucks to catch up to them."
With Counc£1 consent, Mayor Avery 'referred this item to the City
Manager with the direct£on that the nuisance be abated.
(11) "Mre. Little asked if the rights-of-way on both
sides of our bridges at _sth Street and Ktlantic AVe-
n. ue couldn't be cleaned up. and' mowed before the
tourist season begins."
Mayor Avery said this is an administrative matter and should be
referred to the City Manager and that he exercise his discretion w~th-
in the policies set down by the City in the past.
Mr. Jurney reported that the name of .Delray Beach painted on the
sides of the Xntracoastal WaterwaY bridges ~eeds ~o. be repa~n~ed,
Mayor Avery referred this ~tem to the City Manager under the same
condition as the previous item.
10.b. City Clerk Worthing informed Council that due to adjustment in
the amount of the City Manager's compensation, after adoption of the
1967-68 budget, authorization for transfer of $3,700 from the General
Fund Contingency AccoUnt to 'the 'City Manager's Account 'is requested.
-. Mayor.. Avery. tel i~q~ islled the ~ave 1 .-...~o.'.~ ice-.Mayor. Jurney .'and moved
that said transfer be au~horized, the money to come from-the General
Fund Contingency Account. The motion was seconded by Mr. Merritt and
carried unanimously.
1~~ Regarding Agenda ite~ 9;a. Concerning the proposed building on
Lot X and adjacent property, .Mr. Norman Johnson informed Council that
he and his brother William Johnson represent the Bredin Realty Company
and that Mr. Bredin, as well as other people, object to an eleven-story
building being constructed on that property.
Mayor Avery explained that said l~roperty had been zoned for
mul~iple"famiIy dwelling s'~n~e 1946,- a~d the owner of the property could
have ' built to 45 feet in '~t a.nd occupied 60 per cent .of the
land area, but by asking for. a~:al exception in height a~d site plan
aPp=oval ~he oWner had bee~ ~ged permission to build to a height of
-7- 10,-30-67
!02 feet and the ~uild~ng will only occupy 20per cent of the land
a~ea.
M~. J. ~m. Schmalz, 200 ~nd~ews Avenue, asked. ~a~ p~ov~ions
have been made ~o~ ~gh~ng ~i~es ~n ~he n~ h~gh-~se apa~en~
Ci~ M~ager Ga~cbeX explained ~ha~ ~he Ci~ has ~he abili~ ~o
reach ~be ~ou~h floo~ ?~b aerial ladde~s~ further, ~l~'ings a~e
red,red to ~omplM w~h all of ~he ~re provisions as ~n~a~ed ~n
~he BouChe~n S~anda~d Building Code, be ~d wi~h s~andp~pes~
whereb7 the fire ~igh~ing personnel will ao~ be r~uired ~o c~
hose e~i~n~ ~d ~e fighting ~i~en~ up ~e ladders. He said ~he
~ira requir~Cs ~e ve~ stringent An ~ha Southern S~anda~d Building
Code~ and ~ng ~uipped w~h a~andp~pes applies ~ all build~ngs ove~
~i~M ~ea~ ~n heigh~ further, i~ ~s h~s desire ~o d~scuss wi~ Council .~
a pzo~sed ~en~en~ ~e~r~ng s~andpApes in buildings o~ lees ~ban~ .
~i~2 fea~ ~n height, ~ch p~o~sed men~en~ ~s ~eco~ended ~ ~be
~he C~2 M~age~ explained ~ha~ snorkel e~i~en~ Canno~ ~each
~he ~op o~ any of the high buildings.'
~. ~. S. Bellie~, o~er and o~a~o~ o~ ~be Cove Apar~en~s,
a~ked i~ ~he o~er of Lo~ X ~uld ~ns~ucC h~s large ap~enC hu~!d~ng
during ~he seasoo. X~ ~as ~n~ed ou~ ~ha~ ~ns~uc~on o~ buildings
~s pe~i~ed f~om ~00 ~.M. ~ 5~00 P.M., Monday ~hrough Sa~u~daM
~b~oughou~ ~he entire C~.
~. ~illi~ ~ohnson ~n~O~med Council ~ha~ manM ~ople a~e leaving
~i~i ~d ~o~ ~aude~dale and coming ~o Del~a2 Beach ~o live because
~h~ l~ke ~he a~sphere here w~hou~ ~he m~M high-rise
and ~a~ he feels~cil should give more consideration ~ega~dAn~
~i~ng higb-~ise buildings, in ~he
lO.a. ~s. Madelon ~engbergen, 921 S. S. 2nd Avenue~ in~o~ed Council
ChaC ingress and egress ~o an apa~enC a~ ~he ~ea~ of he~
~h~ou~h a 16-foo~ all~ had been pa~all2 blocked ~ a p~ope~ o~e~
Jus~ nO~ of S. E. 10~h S~e~ c~ns~uc~ing beds ~o~ g~ing of ~oma-
~oes, ~d ~he ~uld l~ke ~e ai~ua~Aon ~nves~ga~ed.
Ci~ Manager Ga~chel sa~d ~ha~ he ~uld inves~iga~e ~he
lO.a. ~. ~e~ sa~d ~ha~ he unders~anda'~h~ec~ ~es G~ble
Rogers ~11 have ~ Associate Architect in DelraM Beach ~n ,o~ec~on
wi~h ~he Law Enfo~c~en~ Complex and Mr. Rogers ~ounced ~ha~ ~. Roy
S~on ~uld ~ ~he Associate ~chi~ec~.
10.a. ~. Me~ asked i~ ~he~e ~s something ~he C~M ~an do abou~
~be no~se a~. ~he ~. E. C. Ra~lwa2 Comply p~ope~7 on S. E. 3~d ~venue
between ~he hours o~ a~u~ 1:00 ~o 3~00 ~.M. He ~e~ed havin~
~eceived calls f~ ~esiden~s within sev~al blocks o~ ~ha~ ~ea
ga~din~ ~he no~se dis~u~bance.
City Attorney Ad~ sa~d he had be~ ~n contact with ~ Attorney
from West Palm Beach ~o is apparently representing some private
part~es who are ~ns~d~ng filing a suit. He ~nform~ Council that
~here ~uld be a re~rt on this ~t~ at a council meeting in the near
future.
10.a. C~ty M~ager Gatchel ~nfo~med Council that the C~ty Hall ~uld
~e closed on Friday, Norther 10~, ~n reco~t~on of Veterans Day.
10.a. ~e Ci=y M~ager ~nformea Council ~at he plans ~o leave Wednes-
day, Eov~r 1st, to show the Beach Reverent F~m to the ~erican
Shore and Beach Preservation Association meeting at Sarasota, Florida,
and that again ~lray Beach and the Beach Reverent w~11 get nationwide
The C~ty Manager ~eported that ~ch s~d ha~ accre~ea on the
~ach, ~d C~ty Engineer Mark Fleming re.fred that a very carefu~
record ~s being kept of the r~se and fall of t~e land ~d how ~t ~s al&
~ec~ed by the various tides ~d currents. Further, during the last bad
weather, a great dea~ of sand had accrue~, where it m~ght no.ally have
been expec~ to have d~sappeared.
-8- 10-30-67
~:89
10.c. City Clerk Worthing presented Bills for'Approval as follows:
General Fund - $189,335.63
Water Revenue Fund 51,958;17
Water Operating & Maintenance Fund 6,154.62
Special Assessment Fund 7,525.86
Refundable Deposits Fund 1.837.32
Cemetery Perpetual Care Fund 500.00
Cigarette Tax Fund ~ 75.00',
Sewer ConstrUction TrustFund 1,724.90'
The bills were unanimously ordered paid, on motion by Mr. Croft
and seconded by Mr. Merritt.
The meeting adjourned at 9~30 P.M.
..... ~. O~, ~aZ~ .........
City Clerk
APPROVED~
MAYOR
-9- 10-30-67
i:90
12. ~
Violet V. Ridley Estate yacht ~art of Lots 22, 23 & 24, 15-3
906 S. E. 5th Avenue Block 8, Rio Del Rey. G
Delray Beach, Florida 33444 (9~ S. E. 5th Avenue) 15-4
13.
Ruth A. Hib~g~ Vac~t ~t of ~ts 6~.,~ · 8~ % 15-3
P. O. ~x 364 of 5 less East 5 feet R~, Bl~k a
Delray Beach, Florlda 33444 10~. (360 N. E. 6th Argue) 15-4
~ward P. & Marvel Barnard ," All of Lot 8 and North 30 feet 15-3
602' N. Ocean Blvd. o[ Lot $ less EaSt 5 feet, Block a
De[ray Beach, Florida 33~4 1~5~ (34~-N. ~. 6th Avenue) 15-4
Violations 15-] ~d 15-4 as concerns ~is report are as foll~s~
1. 15-4 - junk of all ~escription
2. 15-3 - ~araen trash
15-4 - Hi~ weeds
3. 15-3 - G~den ~ash
15-4 - High we~s
4. 15-3 - Garden ~ash
15-4 - High we~s
5. 1B-3 - ~arden ~ash
15-4 - Hea~ und~gr~ on par~s of the lot
6. 15-3 - ~arden ~ash
15-4 - Hea~ undergrow~ N.E. corner ' ·
7. 15-3 - G~den trash
15-4 - Hea~ undergro~h on part of lot · ', : '.~ '...
8. 15-3 - G~den trash
15-4 - High weeds
9. 15-3 -Garden ~ash, ~ttles, c~s, stol.
.: ~5-4 - High ~eds and hea~ unde=gro~h on parts oE lot
~0. 15-3 - Garden ~8sh, ~ttles ~d cans
15-4 - High we~s;: ~derg~o~H.,on parts of'. ~o~: ~d l~ee l~er
and .co~rete blocks, etc.
11. 15-3 - Garden ~ash
15-4 - High weeds
~2. 15-3-Garden trash, cans, paper, etc~
:~ 1~-4: - High we~ ~d hea~ undergrowth on pa~s of lot
~3. ~5-3 - G'a=~en .trash
15-~: - ~fgh. weeds and undergrowth
14. ~--3-' ~arden'- t~'ash ."
15-4 - High weeds and hea~ undergrow~
Su~itt~d fo, the City. COunCil by the City Manager
this 30th day of ~ber, 1967.
189-A
PROPRR?IE8 lB VIOLATION OF ORDZNAi/Cg NO. G4147
AND ,SECTIONS 15-3 and 15-4 OF THE Cl'l~ CODE.
C !TY
'OWNER .AND ~DDR~S P~OP~RTY D .F~.. CRIPTION CODE
1.
Joseph Rolle Vacant part of East 100 feet of 15-4
13~ N. W. 6th AVenue North 100 feet of South 285,5 feet
Delray Beach, FlOT£ds.~3444 of Southwest % of Southeast ~ of
of Northeast ~ less Bast.20 foot
R/W, Section 18-46-43. (36 :N.W~ 18th.Ave.*)
Robert & Mabel Williams Vacant part of Lot 1, Block 1, 15-3
2572 Chain Bridge Road Amended Plat of Sunny Heights. &
Apt. %101 (321 S. W. 8th Street) 15-4
Vienna, V£=ginia22180
3.
Clarence N. & Elizabeth L. Vacant part of Lots 3 & 4, Block 15-3
campbell 5, Osceola Park. &
819 S. Wakefield Street (310 S. E. 5th Street) 15-4
Arlington, Virginia 22204
4.
Marion D. Davidson Vacant p~rt of Lot 5, Block 5, 15-3
318 S. E. 5th Street Osceola Park.
Delray Beach, Plorida 33444 (318 $. E. 5th Street) 15~4
5.
Owen A. & Margaret S. Lot 45, Delray Beach Esplanade. 15-3
Lu¢kenbach (1115S. Vista Del Mar Dr.)
950 N. Hunter B~vd. 15-4
Birmingham, Michigan 48011
6.
Sadie C. Thomas West 76.6 feet of Lots 20 & 21 15-3
1019 Nassau Street less 8outh 8 feet of hot 20, &
Delray Beach, ~lorida 33444 Block 63. (20 S. W. 2nd Street) 15~4
The Love Co. North 50 feet*:of West % of South 15-3
P. O. Box 940 200 feet of Block 66. &
Delray Bepch, Florida 33444 (215 N. Swinton Avenue) .... 15-4
Daisy Mae McDonald .Vacant part of Lot 19, Block 2, 1513
128 N. W. lOth Avenue Pine Crest. &
Delray Beach, Plorida 33444 (128 N. W. 10th Avenue) 15-4
9.
George B. Mehlman South 135 feet of West 85 feet
805 Comeau Bldg. less South 20 f0ot'R/W, Block 20. &
West Palm Beach, Flor£da 33401 (545 W. Atlantic Avenue) 15-4
10.
Robert S. Hunter Estate vacant pert of East '50 feet of 15~3
515 W. Atlantic Avenue South 135 feet of West 135 feet &
DelrayBeach, Florida 33444 less South 20 foot R/W, Block 20. 15-4
(533 W. Atlantio Avenue)
il.'
Rosa Lee Newman Vacant part of Lot 9, Block 23.
P.-O. Box 1479 (234 S. W. 5th Avenue) &
Delray Beach, Florida 33444 15-4
189-C
%
DelrayBeach,'Florida
October. B0, ... , 1967
The City Council of the City of Delray Beac'h, Palm Beach
County, ~lorida, met in regular public session at the
regular meeting place of the City Council in the City Hall in
City of Delray Beach at 8:o0 o'clock P. .M. on
October 30, ~ 1967, wlthMayor Al. C. Avery and
the following members present:
J. LeRoy Croft
Jgmes H:. Jurn~¥
LgRoy W. Merritt
George T~!~ot, Jr.
Absent:
There were also present . R6be~t D. ~rthin~ , City
Clerk, David M. Gatchel ~ City Manager, and
john Ross Adams. ~ , City Attorney,
After the meeting had been duly called to order by the
Mayor and the minutes of~the preceding meeting had been read and
approved the following resolution was intro4uced ln written form
by ... David M. Gatchel , was read in full and discussed..
Pursuant to motion made by Mr. Talbot and seconded
by Mr. Merritt . , the resolution was adopted by the
following vote:
AYE: J, LeRoy Croft
James H. Jurney
LeRoy W. Merritt
George Talbot, Jr.
Al. C. Avery
NAY: None.
189'D
RESOLUTION NO. 26-67.
The resolution is as follows:
A RESOLUTION authorizing the issuance of
~00,000 U~llities Tax Revenue Ce~tificates,
Series 1967, of the City of Delray Beach,
providing for the payment and sale of such
certificates, entering into certain covenants
and agreements in that connection, and
declaring an emergency.
WHEREAS it is necessary for the City of Delray Beach
to make the improvements hereinafter mentioned; and
WHEREAS it is necessary to bo~ow the sum of $600,000
for the purpose of paying the cost of said improvements and
said city desires to issue its Utilities Tax Revenue Certificates,
Series 1967, as hereinafter authorized, to evidence such
borrowing; and
WHEREAS pursuant to proceedings heretofore adopted
said city has been levying a tax on the purchase of certain
utilities services, the proceeds of which tax, upon the issuance
of the certificates herein authorized, will not be pledged or
hypothecated in whole or in part in any manner or for any purpose
other than the payment of such certificates and for the paYment
of certain Utilities Tax Revenue Certificates,, Series 1962,
originally issued in the amount of $1,100,000 and now outstanding
in the amount of $.. 1~ 095~ 000, ; and
WHEREAS under the provisions of Section 7 of Resolution
Number 142~ adopted on November 26, 1962, authorizing said
Utilities Tax Revenue Certificates, Series 1962, additional
obligations may be issued on a parity therewith for purposes other
than refunding if certain conditions prescribed in said Section 7
are met, including the condition that the utilities tax proceeds
collected during twenty-four consecutive months of the last thirty
months immediately preceding the issuance of the additional
--2--
189-E
certificates have been equal to three times the highest future
annual principal and interest requirement of all certificates then
outstanding and the certificates so proposed to be issued; and
WHEREAS the utilities tax proceeds collected by the
city during the twenty-four consecutive months ending Septemb.e~
1967, have been equal to $ 333.81~. and the highest future
annual principal alld interest requirement of all outstanding
certificates payable from said utilities tax proceeds and the
certificates herein authorized (assuming that said certificates
herein authorized are issued to bear interest at the rate of
per annum) will be $ !10~3,55. , and three times such figure
is $ 331t'06~. ; and all of the other conditions for the issuance
of ~he certificates herein authorized on a parity with said
certificates of Series 1962 will have been met upon the issuance
of the certificates herein authorized;
N~qW, THEREFORE, Be It Resolved by the City Council
of the City of Delray Beach, Palm Beach County, Florida, as follows:
Section 1. That as used herein the following terms
shall have the following meanings unless the context otherwise
clearly requires:
(a) "City" means the City of Delray Beach.
ih) "Certificates" and "certificates herein
authorized" mean the $600,000 Utilities Tax Revenue Certificates,
Series 1967, authorized by this resolution.
(c) "1962 certificate resolution" means Resolution
Number 1429 adopted by the City Council of the city on
November 26, 1962, authorizing the issuance of Si,100,000 Utilities
Tax Revenue Certificates, Series 1962, of the city.
(d) "1962 certificates" means the Utilities Tax
Revenue Certificates, Series 1962, authorized by the 1962
189-F
certificate resolution.
(e) "Parity certificates" means obligations issued
on a parity with the certificates herein authorized under the pro-
visions of Section 7 of the 1962 certificate resolution.
(f) "Utilities tax" means the tax imposed by said
city on each and ever~ purchase in said city of electricity, bottled
gas (natural or manufactured), and local telephone service. Said
term 'shall also apply to all taxes imposed by the city on the purchase
of utility services other than water, whether levied in the
amounts prescribed by the utilities tax ordinance or in any other
amounts and whether imposed on the purchase of the same utilities
services or any other or additional utilities services, either
by amendment to the utilities tax ordinance or otherwise.
(g) "Utilities tax ordinance" and '~iscal Year" have
the same meanings as provided in Secti on I of the 1962 certificate
resolution.
Section 2. That for the purpose of paying the
cost of the construction of works and improvements to prevent
erosion of beaches within said city, the constrUction of a
municipal building for the municipal court and Jail and other police
administration facilities in said city, including the acquisition
of furniture and equipment therefor, the construction of storm
drainage facilities and the acquisition of rights of way therefor,
the acquisition and improvement of off-street parking lots, and
the acquisition of street rights of way and improvement thereof,
and including the cost of acquisition of any lands or interests
therein, and of any fixtures, equipment or properties, either real
or personal, deemed necessary or desirable therefor, expenses for
financial and legal services or consultants, expenses for
estimates of costs, expenses for plans, specifications and
surveys and paying all expenses properly incident to the foregoing
and properly incident to the authorization and issuance of the
certificates herein authorized, there are hereby author.%zed to be
189-G
issued the Utilities Tax Revenue Certificates, Series 1967, of said
city in the aggregate principal amount of $600,000. Said certificates
shall be dated December 1, 1967, shall be in the denomination of
$5,000 each, shall be numbered i to 120, inclusive, shall bear
interest from date until paid at the rate of five per cent
(.% %) per annum or such lesser rate or rates as may be fixed
by resolution after the.sale of such certificates as hereinafter
provided, Which interest shall be payable June l, 1968, and semi-
annually thereafter on the first days of June and December of each
year, shall be payable as to both principal and interest in lawful
money of the United States of Ameri~ at .The Chase Manhattan Bank
(N.h.) in the City of New York, New York, and shall mature serially
ln numerical order on June i of each of the years as follows:
CERTI~ICATENUMBERS AMOUNT YEAR
-- i and R -- $--10,000 1968
3 and 4 10,000 1969
5 and 6 10,000 1970
7 and 8 10,000 1971
9 and l0 10,000 1972
11 and 12 10,000 1975
13 and 14 10,000 1974
15 and 16 10,000 1975
17 and 18 10,000 1976
19 to 21 15,000 1977
22 S0 24 15,000 1978
25 to 27 15,000 19~9
28 to 30 15,0oo 19so
31 to 33 15,ooo 1981
34 to36 15,ooo 1982
~ to ~ 15,000 1983
to 15,000 1984
43 to 46 20,000 1985
47 to 50 20,000 1986
51 to 54 20,000 1987
55 to 58 20,000 1988
59 to 62 20,000 1989
63 to 81 95,000 1990
82 to 100 95,000 1991
101 to 120 100,000 1992
Certificates maturing after June 1, 1978, shall be
callable for redemption prior to maturity at the option of the
-5-
189-H
city on that date and on any interest payment date thereafter,
in inverse numerical o~der, at the principal amount thereof plus
accrued interest to the date fixed for redemption and a premium
(expressed as a percentage o£ the face amount thereof) of 4% for
each certificate so redeemed on or prior to June l, 1981, B%
for each certificate so redeemed thereafter and on or prior to
June 1, 1985, 2% for each certificate so redeemed thereafter and
on or prior to June 1, 1989, and 1% for each certificate so redeemed
thereafter prior to maturity. Notice of the call of any
certificate for redemption shall be given not less than thirty (30)
days prior to the date fixed for redemption by registered mail to
the bank at which the certificates are payable and by the publication
of an appropriate notice one time in a financial newspaper or Journal
published in the City of New York, New York, or Chicago, Illinois.
If any certificate which is called for redemption is at the time of
such call registered as to principal, thirty days notice of redemption
shall be given by registered mail to the registered holder at the
address shown on the registrar's registration books. '~
Sect..i~gn 3_. That said certificates shall be signed
by the Mayor of the city, attested by the City Clerk, and endorsed
by the City Attorney and shall have imprinted thereon a facsimile
of the corporate seal of the City of Delray Beach. The City Council
hereby authorizes the execution of said certificates with the
facsimiles of the official signature of the Cit~ Clerk
and the City Attorney. Interest falling due on said certificates
on and prior to maturity shall be represented by coupons attached
to said certificates signed with the facsimile signatures of said
Mayor and City Clerk, who, by the execution of the certificates,
shall adopt as and for their own proper signatures their facsimile
signatures appearing on said coupons. Said certificates shall be
189-I
registrable as to principal in the manner and with the effect set
forth in the next section hereof.
Section _~. That the certificates and the coupons
to be thereto attached and the endorsements to appear on the back
thereof shall be in substantially the following form:
(Form of Certificate)
UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF PALM BEACH
CITY OF DELRAY BEACH
Lr~ILITIES TAX REVENUE CERTIFICATE SERIES 1967
Number $5,000
The City of Delray Beach in Palm Beach County,
Florida, for value received hereby promises to pay to bearer, or if
this certificate is registered as to principal then to the registered
holder hereof, solely from the revenues hereinafter specified, the
sum of Five Thousand Dollars ($5,000) on the first day of June,
19. , and to pay, solely from said revenues, interest on said sum
until paid at the rate of per cent
(_____~) per annum, payable June 1, 1968, and semi-annually there-
after on the first days of June and December of each year, with
interest due on and prior to maturity hereof payable only upon
presentation and surrender of the annexed interest coupons as
they severally beoom$ due. Both principal hereof and interest
hereon are payable in lawful money of the United States of America
at The Chase Manhattan Bank (N.A.) in the City of New York, New
Yor~.
Certificates ~f~ the issue of which this certificate
is one maturing after June l, 1978, are callable for redemption
'7--
189-J
prior to maturity at the option of the city on that date and on
any interest payment date thereafter, in inverse numerical order,
at the principal amount thereof plus accrued interest to the date
fixed for redemption and a premium (expressed as a percentage of
the face amount thereof) of 4% for ~ach certificate so redeemed
on or prior to June 1, i981, 3% for each certificate so redeemed
thereafter and on or prior to June l, 1985, 2% for each certificate
so redeemed thereafter and on or prior to June l, 1989, and 1% for
each certificate so redeemed thereafter prior to maturity. Notice
of the call of any certificate for redemption is to be given not
less than thirty (30) days prior to the date fixed for redemption
by registered maii to the bank at which the certificates are payable
and by publication of a appropriate notice one time in a financial
newspaper or Journal published in the City of New York, New York,
or Chicago, Illinois. If any certificate which is called for
redemption is at the time of such call registered as to principal,
thirty days notice of redemption shall be given by registered mail
to the registered holder at the address shown on the registrar's
registration books.
This certificate is one of an issue of $600,000
of like tenor and effect, except as to maturity (interest rate,)
and option of redemption, issued pursuant to the Constitution and
Laws of Florida and a resolution adopted by the City Council
of said city on November 26, 1962, as supplemented' by resolution
adopted on ... , 1967, for the purpose of paying the
cost of the construction of works and improvements to prevent erosion
of beaches within said city, the construction of a ~u~icipal building
for the municipal court and Jail and other police administration
facilities in said city, including the acquisition of furniture
and equipment therefor, the construction of storm drainage
189'K
facilities and the acquisition of rights of way therefor, the acqui-
sition and improvement of off-street parking lots, and the acquisi-
tion of street rights of way and improvement thereof, and includlo~
the cost of acquisition of any lands or interests therein, and of
any fixtures, equipment or properties, either real or personal,
deemed necessary or desirable therefor, expenses for financial and
legal services or consultants, expenses for estima$$s of costs,
expenses for plans, specifications and surveys, and paying all
expenses p~operly incident to the foregoing and properly incident
to the authorization and issuance of the certificates of which this
is one, For the specific provisions governing the issuance of the
certificates, of which this is one, including the rights of the
city' to issue additional obligations on a parity and to amend said
resolutions with the consent of the holders of seventy-five per
cent of all such certificates and parity obligations, reference is
hereby made to the aforementioned resolutions.
This certificate and the issue of which it is
a part are payable, together with certain outstanding Utilities Tax
Revenue Certificates, Series lg62, and such obligations as may
in the future be issued on a parity therewith, solely, as to both
principal and interest, from the proceeds of the tax imposed by said
city on the purchase of certain utility services, including
electricity, bottled gas (natural or manufactured), and local
telephone service in said city, and it is provided in said resolu-
tions that, to the extent necesary to pay principal of and interest
on the certificates payable therefrom and to carry out the provisions
of said resolutions, said tax shall be levied and collected in the
largest amount now permitted by law and in such increased amount as
may hereafter become permissible, and that said tax ss it is now
189-L
being levied will not be repealed or decreased while any of such
certificates remain outstanding. This certificate, including
interest hereon, is payable solely from the proceeds of said
utilities tax and does not constitute an indebtedness of the City
of Delray Beach within the meaning of any constitutional, statutory
or charter provision or limitation~ however, the City of Delray
Beach has reserved the right to make any payment for the benefit
of the certificates of the issue of which this is one from any other
legally available source. It is expressly agreed by the holder
of this certificate that such holder shall never have the right
to require or compel the exercise of the ad valorem taxing power
of said city for the payment of the principal of or interest on
this certificate or the making of any sinking fund~ reserve or other
payments provided for in the above described resolution. It is
further agreed between said city and the holder of this certificate
that this certificate and the obligation evidenced thereby shall
not constitute a lien upon any property of or in the City of
Delray Beach but shall constitute a lien only on the ~evenues
hereinabove in this paragraph described.
Under the provisions of Section 135 of the charter of
said city, this certificate shall constitute a nego$iable instru-
ment; however, this certificate may be registered as to principal
in accordance with the provisions endorsed hereon.
It is hereby certified and recited that all acts,
conditions and things required by the Constitution and Laws of
Florida and the charter of said to exist, and be
city
happen,
performed precedent to and in the issuance of this certificate
have happened, exist and have been performed as so required.
This certificate is one of an issue of certificates
which were validated by Judgment of the Circuit Coumt of the
-10-
189-M
Fifteenth Judicial Circuit of the State of Florida in and for
Palm Beach County rendered on , 1967.
IN WITNESS WHEREGF said City of Delray Beach has caused
this certificate to be signed by the Mayor of said city, attested
by its Clerk and approved by its City Attorney (the signatures of
said and City .Attorney being by facsimile),
and a facsimile of the corporate seal of said city to be imprinted
hereon, and has caused the interest coupons hereto attached to be
executed with the facsimile signatures of said Mayor and City Clerk,
all as of the first day of December, 1967.
.... MAyor
Attest:
C'ity Clerk
Approved as to form, language and execution.
- CitY Attorney
(Form of Coupon)
Number $
On the first day of . . , 19_ _ ,
unless the hereinafter mentioned certificate is then subject to
redemption and has been called for redemption and provision for
the redemption thereof duly made, the City of Delray Beach,
Florida, will pay to bearer at The Chase Manhattan Bank (N~.)
in the City of New York, New York, the amount shown hereon solely
from the special fund referred to in and for interest then due upon
its Utilities Tax Revenue Certificate, Series 1967, dated
December 1, 1967, and numbered .
Mayor
Attest:
clerk
-11-
189-N ~
(Form of Registration Certificate)
The within certificate may be registered as to
principal on books kept by the City Clerk of the City of Delray
Beach, as Registrar, upon p~esentation to such Registrar, who shall
make notation of such registration in the registration blank below,
al%d this certificate may thereafter be transferred only upon
written assignment of the registered owner or his attorney thereunto
duly authorized or proved, such transfer to be made on such books
and endorsed thereon by the Registrar. If so registered, this
certificate may thereafter be transferred to bearer and thereby
transferabilityby delivery shall be restored but this certificate
shall agal~e subject to successive registrations and transfers
as before. The principal of this certificate if registered,
unless registered to bearer, shall be payable only to the registered
owner or his legal representatives. Notwithstanding the registra-
tion of this certificate as to principal the coupons shall remain
payable to bearer and shall continue to be transferable by delivery.
Date of Signature of
Registration__ Name of Registered Owner ReEistrar
:
: :
: :
: :
: :
: :
: :
: :
Section 5. That from and after the issuance of
any of the certificates, and contin~ t~ntil the payment of all
certificates herein authorized as to principal and interest the
proceeds of the utilities tax shall continue to be pledged for the
prompt payment of principal of and interest on said certificates.
The certificates herein authorized shall be payable as to principal
and interest from the City of Delray Beach Utilities Tax
-12-
189-0
Certificates Principal and Interest Redemption Fund (hereinafter
sometimes called the "Certificate Fund"), established by the 1962
certificate resolution. Said fund shall continue to he kept and
maintained as provided in said 1962 certificate resolution so long
as any of the certificates herein authorized remains outstanding.
Payments into the Reserve Fund created by said 1962
certificate resolution on account of the certificates
herein
authorized shall be made monthly at the rate of $600 ~e~ mo~h
or such higher rate as may be necessary until the amount in said
fund shall equal $109,680 or, if greater, the highest furtive annual
principal and interest requirement of all 1962 certificates and
certificates herein authorized then outstanding. Whe~ev~m~a
deficiency in such payments shall occur or whenever the amount
in the Reserve Fund falls below the amount then required to be in
said fund, such deficiency shall be made up from all money in the
Utilities Tax Revenue Fund Which is not required for payments
into the Certificate Fund.
Section 6. That all covenants contained in Sections 5,
6 and 7 of the 1962 certificate resolution shall apply with like
force and effect for the benefit of the holders of the certificates
herein authorized, which shall in all respects be deemed to carry
all of the rights and privileges granted to the holders of the
Utilities Tax Revenue Certificates, Series 1962.
The certificates herein authorized may be refunded
in the manner provided in paragraph number I of said Section ?
of the 1962 certificate resolution and subject to the restrictions
therein contained.
Additional parity certificates may be issued in
accordance with paragraph number 2 of said Section ? of said
1962 certificate resolution.
189-P
Section ?. That the provisions of this resolution and
the 1962 certificate resolution shall constitute a contract between
the city and the holder or holders of the certificates from time
to time, which shall not be subject to change, variation or
alteration and which may be enforced by any holder of the certifi-
cates or any part thereof by appropriate action in any cou~t of
competent Jurisdiction, except that the 1962 certificate resolution
may be amended with the consent of the holdersof seventy-five per
cent (~5%) in principal amount of the 1962 certificates,
the certificates herein authorized and any future parity certificates
as provided in Section 8 of said 196~ certificate resolution, and
this resolution may be amended with the consent of the holders of
seventy-five per cent (75%) in principal amount of the certificates
herein authorized (such consent to be evidenced as provided in
said Section 8 of the 1~6~ certificate resolution).
Section 8. That the certificates herein authorized
shall be sold at one time or in blocks from time to time, pursuant
to resolution to be hereafter adopted by the City Council. So much
of the proceeds of sale as represents accrued interest and premium
if any shall at the time of the delivery of the certificates to the
purchaser be paid'into the Certificate Fund. So much of the
remainder of the proceeds of sale as is not required for the payment
of incidental fiscal, legal and engineering expenses which are due
and owing at the time of the issuance of the certificates shall
be deposited in a special trust account in a bank or banks in the
City of De~rayBeach, Florida. Said bank or bar~s shall hold and
dispose of 'said proceeds in accordance with the terms of a letter
which shall be directed to said bank or banks and executed by the
Mayor and City Clerk of the City of Delray Beach.
189-Q
Section 9. That John Ross Adams, as attorney for the
city, is hereby authorized and directed to take appropriate pro-
ceedings in the Circuit Court of the Fifteenth Judicial Circuit
of Florida, in 'and for Palm Beach County, for the validation of
said certificates, and the Mayor and City Clerk are authorized to
sign any pleadings in such proceedings for and in behalf of the
City Council of the City of Delray Beach.
Section 10. That if any section, paragraph, clause
or provision of this resolution or the application of any of the
pledged revenue to the payment of principal of and interest on the
certificates shall be held to be invalid or %u~e~forceable for any
reason, the invalidity or unm~forceabillty of such section,
paragraph, clause or provision or of the application of such
pledged revenue to the payment of such principal and interest,
shall not affect any of the remaining provisions of this resolution,
or the application of the remainder of such pledged revenue to the
payment of such principal and interest.
Section ll. That all resolutions and o~ders, or parts
thereof, in conflict herewith are, to the extent of such conflict,
hereby repealed, and this resolution shall take immediate effect.
Adopted and $.pproved october 30, , 1967.
~/S/ AL. C. AVERY Mayor
Attest:
/sf R.D. W0RE NG
Cit~ Cler~
The foregoing resolution and the forms of certificate
and interest coupon therein contained are hereby approved by me
as to form, language and execution this 30th day of october
1967.
/S/ JOHN ROSS ADAMS~
City Attorney
-15-
189-R
(Other business not pertinent to the above appea~s
in the minutes of the meeting.).
Pursuant to motion duly made and carried the City
Council adJou-~ned.
/s/ c.
.... ~ayor
Attest:
Is/ R.o.
' City Clerk
STATE OF FLORIDA
COUNTY GF PALM BEACH
I, R.D. worthinq , do hereby ce-~tify
that I am the duly qualified and acting City Clerk of the City
of Delray Beach, Palm Beach County, Florida.
I further certify that the above and .fo~going
constitutes a true and correct copy of the minutes of a meeting
~f the City Council of said city held on October 30, ,
1967, and of a resolution adopted at said meeting, as said minutes
and resolution are officially of record in my possession.
IN WITNESS WHEREOF, I have hereunto subscribed my
official signature and impressed hereon the official seal of the
City of Delray Beach this 39thday of October , 1967.
/~/ R.o. WOR~ZNG
City C l'~rk
MWM:bts
10/13/67 -16-
189-S
ORDI]~C; NO. 32-67.
AN ORDINANCE OF THE CITY COUNCIL OF T~E CITY OF
DELRAY B~ACH, F~ORZDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHZCH LAND IS
CONTI~UOUS TO EXIST~NGMUNICIFAL LIMITS OF SAID
CITY; REDEFININ~ TH~ BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVZDIN~FOR T~E RIGHTS AND
OBLIGATIONS OF SA~D LAND; AND PROVIDING FOR THE
ZONING T~ERDOF.
W~EREAS, SUB TROPIC NURSERIES, INC. is the fee simple
owner of the property hereinafter described, and
W~EREAS, SUBTROPIC NURSERIES, INC. by its petition, has
consented and givenperm~ssion for the annexation of said property
by the City of Delray Beach, and
~EREAS, 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, T~EREFORE, BE IT ORDAI~D BY THE CITY COUNCIL OF
T~E CITY OF DELRAYBE~H, F~ORZDA, ~ FOLLOWS~
SECTION 1. That the City Council of the City of Delray
Beach, Palm Beach County, Florida,'heFeby annexes to said City the
following described tract of land located in Palm Beach County,
Florida, which lies contiguous to said City, to-wit~
Commencing at the intersection of the ~enterlineof South-
west 20th Avenue with the centerline of the old right-of-
way of State Road No. 806; thence Northerly along the center-
line of said Southwest 20th Avenue, a distance of 41.96 feet;
thence S°uthwesterly along a line whichforms an angle of
72°26~19", as measured from South to West, with last described
course, a distance of 55.59 feet to the POINT OF BEGINNING,
said point being situated on the North line of said old right-
of-way of State Road No. 806; thence continue southwesterly a-
long said North Line, a distance of 124.56 feet; thence North-
westerly along a line which forms an included angle of 118°28'56
with last described course, a distance of 38.59 feet to a point
on the relocated south right-of-way line of State Road No. 806;
thence Northeasterly along said South line, which forms an in-
clude~ angle of 78014'44" with last described course, a dis-
tahoe of 154.37 feet to a point of curvature; thence along the
arc of a curve to the right, whose chord forms an included
angle of 117°51'19.5" with last described course, having a cen-
tral angle of 124°17'21", a radius of 12.15 feet, for an arc
distance of 26.36 feet to a ~oint of tangency; thence Southerly
along a line which forms an included angle of 117°51'19.5" with
the chord of last described curve, a distance of 66.13 feet to
the POINT OF BEGINNING.
ALSO
Commencing at the East % corner of said Section 18, run S 89°57
39" w a distance of 202.40 feet to the beginning of a curve to
the left; thence Southwesterly on said curve, having a radius of
1910.08 feet and a central angle of 34045'00., a distance of
1158.33 feet to the end of said curve! thence S55°12'39" W a
998.
PAGE 2. ORDXNANCE NO. 32-67.
distance of 436.60 feet; thence S34047'21" E a distance of 53
feet to the POINT OF BEGINNING~ thence N5~°1.2~39" E a distance
of 81..57 feet; thence S~ 34°47'21- E .a distance of 37.34 feet;
thence S 72°02'39" W a distance of 130.59 feet to a ~oint on a
curve concave to the Northwest and having a tangent bearing of
N 56°28'42" E through said ~oint; thence Northeasterly on said
curve, having a central angle of 16°50'00" and a radius of
1963.08 feet a distance of 43.43 feet through an angle of
01°16'03'' to the POINT OF BEGINNING
containing 2335 square feet, more or less.
SECTION 2. That the boundaries of the City .of Delray Beach,
Florida, are hereby redefined so as to include therein the above
described tract of land, and said land is hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
SECTION ]. That the tract of land hereinabove described is
hereby declared to be in Zoning District C-2 as defined by existing
ordinances of the City of Delray Beach, Florida.
SECTION 4. That the lands hereinabove described sba1! immediate-
ly become subject to all Of the franchises, privileges, i~mmunities,
debts, obligations, liabilities, ordinances and laws to which lands
in the. City of Delray Beach are now or ~y be, and persons residing
there~.n shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentellce or part
of this ordinance shall be .declared illegal by a court of competent
Jurisdiction, such record of i~legality sba/1 in no way affect the
remaining portion.
PASSED in regular session on the second and final reading on
the 30th day of October , 1967.
/S/ Al. C. Ave..ry
...... MAYOR
ATTEST:
/S/..R. ,D. Worth,i,.n~ City Clerk
First Reading October_9, 1967. Second Reading ,Oct,.o, ber. 3_0, _!967_