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06-22-64 ~ 22, 1964. A regular meeting of the City Council of Delray Be~h was held in the Council Chambers at 8=00 P.M., with Mayor Al..C. Avery in the Chair, City Attorney John Ross Adams, Acting City Manager Rob~T~ D. Worthing, and Councilmen Emory J. Barrow, J. Le.,Roy Croft, Jack L. Saunders and George Talbot, Jr., being present. 1. An opening prayer was delivered by the Rev. Paul W. Gees. 2. The minutes of the regular meeting of June 8th and special meeting of June 10th0 1964, were unanimously approved on motion by. Mr. Talbot and seconded by Mr. Croft. 3. Mrs. Helen Voit, 1102 Miramar Drive, asked what was being done to protect the home owners and taxpayers where street a~d drainage conditions had changed as a result of sewer installgtions, and informed the Council that her property.is looatedat ~be:end of a block where the water all drains onto her walk and i~'~causing same to sink and that water stands halfway from the street to her house, which she considers a direct result of the sewer install- ation on Miramar Drive. Mayor Avery informed Mrs. Voit that the individual complaints, concerning the sewer installation, were being processed as fast as possible. Mayor Avery then asked Acting City Manager Worthing to take this item up with the Sewer Project Manager of the Consulting Engineers and that Mrs. Voit be contacted and this situation be corrected if it was caused by sewer construction. Further, if it takes Council action to correct same, that it be presented to the Council. Acting City Manager Worthing commented as follows: "May I say, for he~ benefit and for the benefit of all concerned, the contractors employed by the City through itsConsulting Engineers, Russell & Axon, are under contract to replace in as good or better condition any lands disturbed as a result of this sewer line in- stallation work. It being such a major project, it may appear in certain areas as though there is unjust and undue delay; however, it may or may not be true, but in any event, it will be corrected." Mrs. Voit suggested that the Council make sure that all home owners and taxpayers are courteously treated by those who have been paid by the City of Delray Beach to do this work. Mayor Avery asked Mrs. Voit to report any such incident to the City Manager and asked that the City Manager process any such complaint, 4. Mr. Croft read the following Beautification Committee meSSing minutes of Thursday, June 4th,and continued to Thursday, June 11, 1964: "Members present: Gladys Little, Ken Ellingsworth, Marjorie Evaul, Wade Cartes0 Stuart Lankton, J. B. Smith, Mrs. Clarence Plume, Charles Toth, Clarence Bingham, Peg Bowen and guest, Mr. Lewis Manning. M~. Manning, speaking for the American Legion and Auxiliary, presented a plan for a memorial to be placed in the City Cemetery. Mr. Lankton moved that we approve the plan for l~cation of the flag and plaque, and that Mr. Manning ap- proach the City Council for acceptance of the site. This ,' ~, motion was seconded by Mr. Smith and carried. Mr. Toth gave an estimated cost on the cemetery entrance work. Some changes were discussed, and Mr. Toth will sub- mit.another estimate as soon as he is able. 6-22-64 "Mrs. ~owen re~orted that Mr. Croft has arranged a meeting, as requested, for this committee to meet with the Council membersand the City Manager at 8=00 P.M, on Monday, June 29th. A review of the Committee~sbeginnings and' accomplishments was started for the benefit of the newer members. Due to lack of time, it was decided to continue this discussion at the next meeting. Meeting to be continued on June llth. Members present= Gladys Little, Peg Bowen, Marjorie Evaul, Stuart Lankton, Clarence Bingham, Mrs. Clarence Plume and Wade Cartes. A letter was read from committee member, F~n Ellingsworth, regretfully submitting hie resignation, due to the press of business. Mrs. Plume moved that we accept this resign- ation, seconded by Mrs. Bowen, motion carried. Mr. Ellingsworth has been afaithful and valued member of this committee from its inception, and it will be most difficult · to replace him. we are certainly sorry tolose him. The scrapbook of committee projects, attractively compiled by Mrs. Evaul, was reviewed during the discussion of possible future plans. Recommendations for a new Chairman and two committee members were agreed upon for presentation at the June 29th meeting. There being no further business, the meeting was adjourned." Mayor Avery asked that the Beautification Committee make re- commendations to Council for replacement of the members that have resigned. 4.a. A roll call showed the following Civic Organizations and re- presentatives to be in attendance: V. F.W.- Mr. Clarence Bingham Planning/Zoning Board Col, Andrew L. Fabens Jaycees Mr. Charles Gwynn 5. City Clerk Worthing read the following letter from the Board of l>ublic ~nstruction of Palm Beach County, signed by Mr. john L. Remsen, and date~ June 10, 1964= "On behalf of theBoard of Public Instruction I wish to extend sincere thanks for the splendid hospitality and cooperation afforded the soard during ~he lengthy Holliday hearing on June 6, 1964. - Yours is a most beautiful and convenient facility. Even more enjoyable than this, howevgr, was the courtesy and hospitality afforded us~by Mayor. Avery, CityManager Bob Worthing and other City employees during, the thirteen or fourteen hours required in the matter. Wefully appreciate these gentlemen sacrificing their entire Saturday in order to cooperate with us. Again, our most heartfelt thanks." -2- 6-22-64 tO? Mayor Avery again commended Acting City Manager Worthing and his staff for their work in this connection, and oommen~ed the citizens of Delray Beach for their conduct at said hearing. 5.a. Mr. Barrow, having been appointed to a committee con~eTning naming of the C-15 Canal, said he had contacted the City C0uncil of Boca RetCh and the following letter was received by Mr'. worthing as a r~sUlt of that contact: "At the last regular meeting of the City Commission, our City Engineer, Mr. Jean Vansant was appointed to serve as a member of the committee to name the C-15 Canal. Please advise Mr. Vansant when and where this Committee will m~et." Mr. Barrow informed the Council that Mr.va'nsan% had suggested for consideration the names of Boca Del, Del Retch, Hidden Tropic River, and Tropic Valley River. Further, that Mr.Vensanthad been ma~l~g a study of the roads from Boca Retch and how they w o~u~d tie into the roads in Delray Beach, and had asked for a meeti~"~ith the Delray Beach City Council to review same..Mr. Barrow informed the Council that he had asked City Engineer Fleming to contact the City Engineer at Boca Raton and recommend to, Council when said meet- ing could be held and what may be accomplished by said meeting. Mayor Avery suggested that said meeting be scheduled for sometime in August after the public hearing on the budget. Mayor Avery informed the Council that he. had been talking with Mr. Ed Dale, Executive Director of the Central and South Florida Flood Control District,who had mentioned the naming of said C-15 Canal, and that after a name had bee~ selected, the Flood Control District would have to be contacted concerning same. 5.a. Mr. Talbot read the following letter to the Delray Beach Erosion Committee, from Mr. T. S. Rice, Planning Coordinator of the Glace Engineering Corporation, dated June 10th: "As expressed to you in the meeting June 4, 1964, herewith is the information pertaining to membership in the Florida Shore and Beach Preservation Association: Individual membership $ 10.00 per annum Contribution $25.00 to $100.00 per annum Cities up to 1000 in population $ 25.00 per annum Cities from 1000 to 5000 in population $ 50.00 per annum Cities over 5000 in population $100.00 per annum Checks and correspondence should be directed to the attention of: Mr. Ney C. Landrum, Executive Director Florida Shore and Beach Preservation Association P. O. Box 622 Tallahassee, Florida Herewith are the names of members near you, should you care to contact them for ~urther information= Palm Beach, Broward and St.Luaie Counties, and Cities of-Boca Raton, Deerfield Beach, Palm Beach, Palm BeaCh Shores, and Jupiter Island. we would like to have you join us and feel your city as well as the organization would benefit considerably through your membership in the association." -3- 6-22-64 Mr. Talbot said that he feat.it would be $100.00 well spent to have membership in the ~lorida Shore-and Beach Preservation Association, and that most of the surrounding communities were membersl further, that there was a letter of explanation that he would like read to the Council con~erning this. Mr. Talbot then moved that the City of Delray Beach Join the Florida Shore and Beach Preservation Association for the sum of $100.00 and that the funds be provided from the Reserve Contingency Account to City Memberships and Organizations Account No. 910 175 416, the motion being seconded by Mr. Barrow. City Clerk Worthing then read the following letter of explan- ation from the Glace Engineering Corporation, to the Beach Erosion Committee, dated June 10, 1964: "Some of the achievements of the Florida Shore and Beach Preservation Association were outlined in the recent meeting with you, such as the endeavor and success through the legislature in channeling all efforts of beach erosion into the Florida Board of Conservation with the idea of simplification on the part of cities. The first step has been successful in that Erosion Division 6 is now a permanent functional part of the Board of Con- servation. The channeling of applications has now reached a point wherein they are to be made to: Division of Beaches and Shores Florida Board of Conservation Tallahassee, Florida 32504 A ~ermit must be secured prior-to commencement of work on any coastal construction. Note! May we suggest that you write for this document entitled 'Procedure for Making Application for State Permits.' Items now being discussed for presentation to the next legislature are as follows~ 1. A bill (Administrative} formalizing the work of the erosion division so that coastal structures will be re- gulated. 2. A bill setting up around $100,000 to $150,000 per year as an operating budget for the Erosion Division of the Board of Conservation. 3. A bill outllning a capital outlay of from $400.00 to $500.00 for a Field Laboratory not connected with the uni- versity but as a function and under the direction of the Board of-Conservation and located somewhere on the lower · east coast of the state. 4. A bill setting an appropriation for: a. A direct grant to cities in case of emergency b. A matching fund appropriation applicable to cities and counties Note! Past experience has shown that with only 10 to 15% financial participation by the Federal ~overnment there is too much of a burden placed upon cities which are not capable of handling such large expenditures. The Florida Shore and Beach Preservation Association plans to propose a bill where- in the state could participate and reduce this expenditure considerably. I talked to Mr. Landrum by telephone today and asked that all literature available be mailed to you." -4- 6-22-64 Ugon call of roll on the motion to join the Florida Shore and Beach Preservation Association, the motion carried unanimously. 5~a. Concerning dredged material on the various properties adja- cent to the Intracoastal Waterway, Mr. Talbot informed the'Council tha~ he had received numerous complaints from groperty owners and residents of Del=ay Beach concerning this unsightly condition, and asked the status of the letters to property owners and gregaration o~ an ordinance concerning this item that had been requestp~by the Council at a special Council meeting of June 10th. ~ty Attorney Adams said there was a legal point involved as to'whether those sgoil areas constituted a-gublic nuisance or whether it was a private nuisance, which the grogerty owners in that area should take care of themselves, and continued as follows~ ,We are assuming now that it is s gublic nuisance, affecting the public generally, and we are groceeding accordingly. As far as the letters themselves, they have not gone out as it was just this last, week that w~ decided they were to go out. Mr. Worthing's degartmen~'w~ll fur- nish me with descriptions and who owns the property and we will get the letters out. I will outline my plan of action and see if it meets with everybody's apg=oval. In the first place, our Charter now has two sections. One, generally, to abate nuisances, and a second one giving us the gower to clear lands that are mosquito hazards, we have one section in the-Code of Ordinances. which pertains only to the lot clearing for mosquito breeding. At one stage or another, I think probably an Ordinance will help, but the first plan I had was to write each of the property owners of a spoil are% asking them to notify the Council on or before August, no later t~an August 1st, what their intentions were as to meeting an October 15th deadline. By August 1st, that would give us enough time. If we knew by August 1st that they were not going to meet this deadline, then I would prob&b~y recommend that you Would go'to cou=~ and 'have it ~eclared a public nuisance, assuming the jUdge would, and have it removed in that way. I have checked into the law and in many cases .o~ nuisance~ there is a remedy called 'self he19',which you can just go in and remove the nuisance. In this case, in my considered legalopinion, it would be dangerous Just to go in without a court order and start hauling valuable fill off of these spoil areas. In addition to the letters, with the possibility of an injunction, I have also con- side=ed an ordinance, subject to your agproval, which could be gassed at the next meeting on July 13th, on an emergency basis. Generally, this would make it unlawful fo=any undeveloped groperty in the limited commercial or.residen~ area to allow sand, earth, sgoil, and the like to be'accumula~on~ theirp~,~perty with a height in exce.s of thre. f.et th. road wn or the propert adjacent tothem. ThiS'~~e would ~&~e'a .clause in it that in the eve,t the ~erty oWn&F did not remove it within 60 or 90 days, they would be'~'v~iolation 0f.'.the ordinance and t~ere would be a fine. The final ~O'~d be in accordance with our ordi,ance% which is ~500.00 or 90. ? and each.day the offense occurre~,~ould be a sega=ate offense. I think in that wa~ you would hav~ & two prong thing. You Wo~Id. glve them,a reasonable time to remove what the Council has declared ~obe a nuisance now, within 60 o= 90 days, depending on whicheve~ the Council wants to do, and if they don~t do that, we take them to our municipal court and fine them,~p~esumably a pretty good fine each day until the thing is removed. 'In addition to that, the bigges~ problems, at least the major oomplaints that I have hear~ have been the James propert~ which is on Mirama~ Drive, and Mr. Wernerwas complaining about Lot X that Mr. DeRice owns. I have been in dai. ly contact with the attorney, for Mrs. James, and I have seen the construction plans. They are being sent up to a trust company this week and the engineer has given the assurance that the -5- 6-22-64 4,10 "seawall can be constructed, and that will be cleared up by September. On'Mr. DaRius's property, all I have done so far is to ~tell him the wishes of the Council, and his attorney feels it is a reasonable step if we give them a reasonable time." Mayor Avery said it would take four votes of the Council to pass an. emergency Ordinance and that he and Mr. Talbot both plan to be out of town at the time of the first regular meeting in July~ therefore; it would be necessary to pass .such an emergency ordinance at a special meeting not later than June 30th, and suggested June 29th, as the Council would be meeting.that night with the Beautifi- cation Committee. Mx. TaLbot suggested .contacting the attorney for the League of Municipalities in Tampa for an opinion of what could be done in this matter, and pointed~out that'the people who benefited from this dredged material should not leave it as an eyesore, for the residents of DelrayBeach. D~ring discussion, City Attorney Adams info=mad the Counci1 that the. pro~erty owners contacted by himself and Acting City Manager Worthinghave been most cooperative and have'assured them that it would be cleared up by November 1st. Mr. Saundera moved that the proposed letters be' written to said property owners this next week, and that an emergency ordinance be prepared for consideration at a s~ecia! Council meeting on June 29th Just preceding the meeting with the Beautification Committee, the motion being seconded by Mr. Croft. Mayor Avery explained that it had been moved that the letters to property owners go out immediately, and that an emergency ordi- nance be prepared for a special meeting to be held the night of June 29th just preceding a meeting with the Beautification Committee. Mr. Saunders informed the Council that the City Attorney had asked that they tell him whether they wanted a 60 or 90 day clause in said ordinance for abatement of the nuisance and suggested 60 days, which was agreeable to the other Councilmen, and same was added to his motion. Mr. Croft accepted the addition to the motion, and upon call of ro11, the motion carried unanimously. 5.a Mr. Barrow asked Police Chief Croft why blinker traffic lights were being used on the Pederal Highway at the'2nd Street crossings during the summer months, as he had been asked that question by local residents. Chief Croft informed Mr. Barrow that the traffic engi- neering was not under the Police Department, and City Engineer Pleming explained as follows: "Actually, we have no permission to put any type of light there. During the summer time,we have changed many of the regular stop-go lights to blinker lights at crossings. Out study of the situation indicated that we would have a better possibility of keeping them there annually if we relax as far as ~ossible and leave them blinking during the summer, when traffic is not so heavy." 5.a. Mayor Avery informed the Council that he planned to be out of town on the two regular Council meeting dates inJmly, and suggested August 11th as the date to start budget hearings as it was necessary for the City Manager to present the proposed budget to the Council at the first regular meeting in August, which is August 10th, thus giving the Council sufficient time to consider the budget in detail and still have it ready for a public hearing at the September 14th regular meet- ing. Mayor Avery said this date of August 11th was only tentative and the budget meetings~could be held at the pleasure of the Council. 6.a. Concerning a retirement plan for City employees, Mayor Avery said that each of the Councilmen had received an analysis Of said plan,prepared by the Wyatt Company, and since Mr. Saunders was Chair- man of the Pension Committee, asked him to be in charge of the ex- planation and discussion of this item.. Mayor Avery said he felt this was a very important, item to the City employees, the taxpayers and -6- 6-22-64 also to the Council. Mr. Saunders introdueed Mr.' James Shively of the Wyatt Company and asked him to present a reSume of the background of t~s pension 9%~,'~ how the data was obtained, and to 'explain the plan ~ha~ the Be~sion 'Committee has recommended to Council for considera~°n at this time. Mr. Shively explained as follows: "To give you a .iittle back- ground, gentlemen, we met with the PenSion Committee and got some background as to the size of the City, and after analyzing s0me of the objectives that the City wished to Undertake in~providing a re- tirement plan for their employees, what the tax structure was in terms ofwhat the City could afford. We then asked the Pension COmmittee fo~ a list of the employees, giving their name, sex, date°f birth, date of hire and their base salary. Using this list of emPloyees,we incorporated the use of an I.B.M. machine and performed an actuarial va!cation, and the~ developed certain cost figures. We presented six plans in our first preliminary report, of which we recom~.ep~d Plan N~; 2. This plan provided for a contributiOn on a 30 year ~Undi~g basis with net cost, no cost for insurance companies or actuarial fees or anything else, that would be covered by 5% of the covered payroll of the City employees. The method of funding used was to provide that in years to come, as the City payroll grew and the number of employees grew, that the 5~ of covered payroll would coverthe cost of the pension plan. The Plan that was designed is a career average plan. The benefit formula is on a basis where it breaks at Social Security,. since the City and the employee are both currently contri- buting toward that factor, et 3/4 percent of the first $4,800.'00 and 1% percent of any portion of the annual base pay over $4,800.00. For example, if an individual is making $4,800J00 a year, he Would earn $36.00 of annual Pension each year and this WOuld bulld like little building blocks to his retirement age and this would be his annual pension paid tohim On a monthly basis. We also inCOrporated into this plan death and disability benefits, which are equal to the value of the participant, s accrued pens~i~h'at the'date of. death"or dieabilith or one year's pay, whichever is larger. This is to be proviued in monthly payments to either the participan~ in the event of his dis- ability, or to t~e participant~s named beneficiar'~ in the event of his death. The plan calls for emplpyee contributions of 3 percent of the first $4,800.00 and 6.percent of any portion of his salary over $4,800.00, and that these contributions are always to be returned to the emPloYee in the event that he terminates or in the event of his death if he does not receive in full pension payment his contribution, that Such amount WOuld revertto him." Mr. Shivelysaid the ~ethod of funding has not been decided yet as to whether it Will be. by trust fund or an insured pension' plan, '~hat their basic job had been to design a plan that would meet the objectives of the City and 'something that they Could afford now and in the years to come. A question was asked concerning what the proposed pension plan would provide for an employee with 30 years of service, and Mr. Shive- ly explained same in detail, further, that the analysis breaks this item down from ten to forty, five years of servi~e. It was al~0 ex- plained that in no instant9 would a person receive less from the pension plan, than~he had p~!a i~O saia plan'and that firemenand policemen not in their own ~ens~n plans would be included in this Pr°posedplan, a~ that the'Pla~:':is compulsory for everY regular City employee not covered by the other two mentioned pension plans. The questio~ was asked how the figures in the pension plan were arrived at an~iMr. ShivelyeXPla!n~d as follOws: "on. a net basis, a consulting actuary can go in and take a definite set of assumptions and assume that the fund:]' with the moneys that Will be COnt~ibUted to the pla~will earn at least 3~ interest,'C°m~ounded annually frOm now until age 65 for each individual, and on this. b&si% we developed a set of cost figures which do not include any insurance Company -7- 6-22-64 "loading, or any fees for actuarial services or administrative ex- penses whatsoever. .T~ese are net costa that have been developed. Any company w~o is looking for a pensionplan can find. ou~ what it will cost them net to provide a pension for the employees. If they go with an insured plan, .there would be the contract charges, the' commission, etc., that would have to be added into the cost of the insured plan, With a trust fund plan you have your trustee,s'fees and actuarial fees. each year that must be taken into account. It is .permissible and can be done actu~rily to determine what the net cost of the pension plan is, excluding any administrative expense." Mayor Avery asked how the City would proceed to select who would fund such a plan, to which Mr. Shively replied: "The next step would be., if you like plan No. 2 that the Pension Committee has re- commendmd be adopted, if you like the provisions in that, then using the specifications or provisionsof this adopted plan, submit it to insurance com~aniesand let them tell you exactly what they would charge as s contribution for funding this plan. You would also ask different banks or trustees ..'. whattheywould charge you for being the trusteeof the money that would be contributed, once you have all this information in, we would then prepare a report and tell you exactly what you had in each one of your proposals, which one would be the best. You might find that three of them W°uld be equally the best in the insured plan and maybe two of them of a bank trustee. It would be up to you gentlemen to pick which company or which bank you would like the money to go to." Mayor Avery asked how long it would take to prepare plans and specifications for bidding purposes, advertise same, receive the bids and have them analyzedand returned to the Council. Mr. Clarence Bingham said he wanted the City employees to know this pension plan was a very~onderful thing and how much it would be appreciated in later years. The question was aske~ as to what this pension Plan would cost the City and Mr. Shively answered as follows: "On a net basis, right now, on a 30 year funding arrangement it would cost the City $25,960. This is net. This would be approximately, or is 4% of the annual payroll of $656,433.00. That is. on the payroll that we used for the valuation. The dollar amount as contribution will go up, but as a percentage of.pa~ it will. remain relatively constant, so that each yeaLyourFinance Director can take all the pay and add it up, take the 4% and he knows what the contribution would be." .Mr. Saunders asked if the City contribution would be less after the fund had been built up to approximately $200,000.00, and Mr. Shively replied: "Anything that the f~d would earn over the 3~ interest that we have assumed,-will be used to reduce the City's cost in the future, end I might add that for every 1% that the money ea~n£ over the 3~ interes% it will reduce the City's cost on the long run by 16 to 24%. Every bit of earnings.that you can get on your money will be very important to the City in terms ofwhat contribution that you must make." The question was asked if the cost to the City of approximatel! $25,000.00 annually included the cost of insuring the plan or the cost of trustees, and Mr. Shively answered: "No. These are in addition to that. The actuarlal fees and the trustees 'fees ~would estimate to be less than one percent of your payroll. If an insurance company were used, most insurance companies that'I have run into, depending upon the method of funding that they would use, would load it about 8%. MoSt insurance companies and insurance contracts that I have analyzed load about 8%. Standard charge for a bank is about $150.00 to $200.00 a year for the bank being a trustee. I could take a bank in Miami, and X happen to know that the minimumfee.the first year would be $500.00 and thereafter, untilthe fund reached a half million dollars, would be $250.00 a year. This is the largest bank in the state. This gentleman asked what the approximate figure would be and that is what I have tried to give him." -8- 6-22-64 Mr. Talbot asked if the employees had been polled in this pension plan and Acting City Manager Worthing informed thc Oouncil that ~he employees had been'polled and the greater majori~y~'~re strictly in favor of a pension plan,-as could be confirme~ ~talking to,Spy department head. '*~ Mr. Elicke Sicilia, of Bankers Life Insurance ComPany, and asso¢$ated with Mr. clarence G~ Price, said their company!Wa~- one of the leadersin this field an~ performed actuarial valuatiO~S as part of ~eir service. ' ' ' ': "!":"'Mr. Shively commented: "As a consultant of the wyatt company i~ this area, X have five plans which'are with insurance companies and fo= Which I do the actuarial work. One is'.with the Pruden$~al, one wi$h~'Aetna, and one with ~ravelers, three ~ can name quic~ All are d0De On the same basis and they all gave us whatever thei~fee would be'~o~ the actuarial work. This is what they knock off. ~n terms of whether the City does business with us, if it goes~to Bankers Life an~! ~ey want to cut the wyatt Company out completely, th~i i9 per- ~e~Malrigh~. we have n~ contract whatsoever with the ~y~ All I have done is design a plan and anything after the method'of funding, I have no control over. It is all up to the City Council and what they want to do." Local' insurance men, Charles B. Gwynn, David L. Tyson, Clarence G. Priceand Harry Yarbrough were present and entered into the dis- cussion of this insurance plan. Mr. Yarbrough said he did .not feel it was proper for the Wyatt Company to be allowed to represent anyinsurance company in bidding on this proposed pension plan, and Mr. Shively said the. Wyatt Company had no connection whatsoever with any insurance company. Mr. Barrow said he was in favor of a consultant writing the plans and specifications for bidding purposes, and et such time that they'go out forbid, if the individual insurance companies feel-they cannot bid on them fairly and equitably~ said companies should come:to the Council and tell them why they cannot bid on same. Mr. O. WJ'Woodard, Jr. commented as follows: "it is my under- standing that all'of these insurance companies have numerous repre- sentatives in our area. When we'began our research on this, several months ago, we asked' all of those insurance agents in town who were interested and knew of this program to go on record with us as being the agent of record for a specifiC, or several specific insurance companies. I believe whatever agent goes on record with the City as representing that firm for a proposal to the City on this plan, would be the one who would r~ceive a commission, if that firmwas chosen as being most desirable from the standpoint, to provide the funding for this program." Mr. Yarbrough said he thought the City should specify in the plans and specifications whether or not the-wyatt Company would be retained to administer the pension plan or whether the-insurance com- pany selected would administer the plan. Mr. Shively said~ when the plans and specifications went out, the insurance companies would be asked to bid on bothbases. Mr. Saunders said he felt the proposed pension plan had been sufficiently presented and explained end turned the meeting back to Mayor Avery. Mayor Avery commented as follows: "It seems to me it would be quite in order for someone'to make a motion that the City Manager cause the wyatt COmpany to prepare spp=ifications, advertise, and receive bids to be opened in the City Manager's presence, then to be analyzed by the Wyatt ComPany and presente~ to this Counci~ at the meetihg on August 10th. This will give you the information when you start to proceed with the budget as to what course of action you want to take. I th'ink you should mention this is Plan No. 2. You can do this without obligating the City further, so that you can get the. true information to COnsider at budget time. Mr. City Attorney, is this legal and proper?" -9- 6-22-64 City Attorney Adams said it was proper as long as it was sufficient instruction- to Mr. Worthing. Mayor Avery asked. Attorney' Adams to phrase a proper motion to accomplish the desired purpose, a~d City Attorney Adams commented as follows: "I think somebody should make a motion to authorize the wyatt Company to prepare plans and specifications for Plan No. 2, which would be made available to anyone desiring to submit bids on it, and further, that the City Manager would advertise and open these bids and then they would be turned over to the wyatt Company, and then submitted to the Council by their August 10th meeting. This would more or less leave the time element up to Mr. Worthing. He will have to contact the Wyatt.Company and find out how long it will take, and allow approximately 14 days for the insurance companies." Mr. Talbot suggested that these bids be opened at a Council meeting by the City Manager. Following discussion, Mr. Talbot moved as set forth by City Attorney Adams and further, that said bids be opened by the City Manage~ in the presence of the City Council at the regular Council meeting of July 2?th, the motion being-seconded by Mr. Barrow. Mayor Avery explained that it had been moved that the %~att Company be directed to prepare specifications for Plan No. 2,dated May 7th, 1964, that the City Manager adv~rtise, and the bids be opened at the City Council meeting of Juiy 27th and the analysis of the bids be presented to the Council at their meeting of August 10th. 'Mr. Talbot and Mr. Barrow added to their motion and second that the deadline on receiving bids on this proposed pension plan would be at 8:00 P.M. on Monday, July 27th. City Attorney Adams commented further: "Mr. Woodard and also other P~nsion Committee members 'wanted it understood by the Council that on said August 10th date.their analysis would also include the bank and corporate and individual trustee method,as well as the insurance method of funding this pension plan. That is understood." Upon call of roll on the motion concerning the' pension plan, the motion carried unanimously. Mayor Avery thanked Mr. Shively for his presentation, and also thanked the insurance agents and citizens for their interest, and said he hoped this would work to the benefit of both the City employees and the taxpayers. 6.b. Concerning Council approval of right-of-way purchase, City Clerk Worthing reported to Council as follows: "On various Delray Beach Atlases, that portion of S. E. 8th Street lying between 5th and 6th Avenues' appears to be 40 feet wide and the City recently improved a portion of said strip. However, the North half of 211.6 feet of this strip is privately owned and Council' attention is directed to a letter forwarded to you gentlemen. It is recommended that Council authorize negotiation for the purchase of this privately owned strip, 20 feet wide by 211.6 feet long for needed right-of-way widening of t hat part of S. E. 8th Street lying between the North and Southbound Federal Highways, cost of said strip not to exceed $2,250.0~ which shall include the se~ler furnishing the City with title insurance as well as revenue stamp coverage on the deed." It was so moved by Mr. Saunders, and the motion died for the lack of a second. Mr. Talbot said he would like to know how such an error was made, if it was an error of the Council in directing that a street be constructed without proper ~urvey Of right-of-way, or whether it was action taken by some individual that did not have the authority by the Council. Mayor Avery asked the Acting City Manager for an answer to that question, and Mr. Worthing asked City Engineer Fleming $$ he had any comment as to how the street was constructed where there was not sufficient right-of-way. Engineer 'Fleming said he thought this had been cleared by the City Clerk as to rightlo~-way, and-Mr. Worthing assured him that had -10- 6-22-64 not been done. City Engineer Fleming said that the City Manager had given the order for the street to be constructed, and it was constructed under the assumpti°n that the right-of-way had been approved. Mr. Croft asked why such streets were constructed wheFe pro- p~rty owners had not petitioned for same. Ordinance No.~-556 was referred to, which in part is as follows. "All new construction of streets, alleys or sidewalks, or any part thereof shall be accomplished by special assessments in acqo~dance with Article XXof the City Charter unless otherwise authorized by th~ City Council." Said Ordinance No. G-556 is on tonight~e agenda for second and final reading, and City Attorney Adams said that ordinance enacts what has been a long time custo~ but ~ot a legal requirement, on the part of the City Manager. Acting City Manager worthing informed the council that he be- lieved the preceding Council did direct the City Manager to improve what he deemed necessary for through streets between the tw~ Federal Highw~ys, to relieve traffic. Mayor Avery said it was the policy of the prior Council that the City Manager improve the streets that would be a convenience to the City. Following lengthy discussion, Mr, Barrow moved to authorize the purchase of said land for right-of-way purposes, from Mr. F. A. Curtis, for a sum not to exceed $2,250.00 and the money to be trans- ferred from the Contingency Account Fund No. 910 858 800 to Streets, Alleys and Sidewalks Account No. 910 321 601. Mr. Talbot commented as follows: "i'would like for the record to show that this is a glaring example of weakness in .this adminis- tration, our City Administration, of doing things through improper channels. I think that this Council is very lucky and those of the City Administration responsible for this, ~that they are dealing with a man like Mr. Curtis, as the average individual certainly has the City in a position where he could ask $5,000.00 or $10,000.00 just as well as for what he is asking." Upon call of roll that the purchase of land be authorized, Mr. Barrow, Mr..Saunders and Mayor Avery voted..in_favor ~f the motion, and Mr. Croft and Mr. Talbot abstained from voting. 7.a. Conce~ing a request for use of the Community Centers to con- duct a cooking instructional program, Acting City Manager commented as follows:~ "The Florida Public Utilities Company requests permission for its Home.~ice Instruction Division to conduct a cooking clasS'~?instruCtion at the CitY.'s two Community Centers, as an added feature to the summer recreational p~ogram. The~Home Economics Division will furnish all necessary ~i~:]~d equipment. Registration will be controlled and li~ed. The instructi~n will b~ supervised and conduo%~- by Mrs. Alice Buell, Division Director, and is for the'Purpose of stimulating the interest of boys and girls in cooking. The class at the Community Center south of City Hall will be held on Wednesday, July 1st, between the hours of 1:00 and 4:00 P.M. The class at the Catherine E. Strong Com- munity Center ~ill be held the following day from 1:00 to 4:00 P.M. Council approval is recommended as this activity will not conflict with any established schedule and iS considered very beneficial to .the boys a~d girls." -11- 6-22-64 Permission for use of the Community Centers as requested wa~ unanimously g~anted on motion by Mr. Croft and seconded by Mr. Barrow. 7.b. '" Concerning a petition for rezoning, Acting~ ~y Manager Worthin% reported to the Council aa follows~ - "A petition has been received from-the owners of Lots 6, ?; 8, 9 and 10 of Block 4, Southridge Subdivision, ,for reclassification of said lots frSm R-3 (Multiple Family Dwelling District) to C-2 (General Commercial · District). Lots 1 through 5 of said Block 4, owned by the same individuals, lying adjacent to and east of Lots 6~ 7, 8, 9 and 10, have.been for several years zoned C-2. Council may deny this petition or refer same to the Planning and Zoning Board for a public hearing to be held thereon, to be followed by the Boardts recom- mendation concerning said petition." The petition for rezoning was unanimously referred to the Planning/Zoning Board on motion by Mr. Barrow and seconded by Mr. Saunder$. 8.a. ORDINANCE NO. G-552 was presented. AN ORDINANCE. OF THE CITY COUNCIL OP THE CITY OF DELRAY BEACH, PLOR/DA~ ANNEXING TO ,THE CITY OF DELRAY BEACH CERTAIN ~AND, I~MELY LOT 69, DELRAY BEACH SHORES, W~ICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDI AND PROViDING FOR THE ZONING TH~REOP. (Copy of Ordinance No. G-552 is attached to and made a part of the official copy of these minutes. ) (.See Page 422-A) There being no objection to Ordinance No. G-552,. said Ordinance was unanimously passed on second and final reading on motion by Mr. Croft and seconded by Mr. Talbot. 8.b. ORDINANC~ NO. G-553 was presented. AN ORDINANCE OF THE CITY COUNCIL OP THE CITY OF- DELRAY BEACH, FLORIDA, AMENDII~G CHAPTER 27 OF THE CODE OF ORDINANCES OF THIS CITY TO ESTABLISH SEWER SERVICE RATES~ TO PROVIDE FOR THE METHOD'.0F'COLLSCTION OF SUCH RATE CHARGES = TO PROVIDE FOR MANDATORY CONNECTION TO THE CITY SEWER SYSTEM~ TO PROVIDE P~NALTIES POR NON-PAYMENT OP CHARGES~ REGARDING DAMAGED SEPTIC TANKS~ PREVENTING THE DISCHARGE OF CERTAIN FOREION MATTER INTO THE SEWER SYSTEMI ESTABLISHING A SEWER AD- JUSTMENT ADVISORY.BOARD AND PROVIDING THE POWERS AND DUTIES THEREOF; TO REARRANGE CBRTAIN EXISTIN~ PROVISIONS~ REPEALING ALL ORDINANCES IN CONFLICT~ PROVIDING A SAV- . INGS CLAUSE~ AND FOR OTHER PURPOSES. (Copy of Ordinance 'No. G-553 is attached-to and ~ade a. part of the official copy of these minutes.)(S®~ Pages'42a-B %h~u ~a~-I) -12- 6-22-64 417 Mrs. Helen Voit asked if the .individual home owners paid to tie into the sewers, and Mayor Avery informed her that the individual home owner paid for the work done by a private contractor Qn his own property, connecting the sewer from the house to the property line,at which place the City provided a sewer opening. Mrs. Voit asked if all the home owners were to be liable for an undetermined monthly charge. City- Attorney Adams i~formed MrS. Voit that the' charges were not undetermined, and were adopted by the Coun- cil in 1959 in the Bonding Ordinance. Mrs. Voit suggested that it be sti~pq!ated that the sewer charges be" according to-the scale lined by the City Attorney, in order that the uharges would not be more in the future. Mayor-Avery informed Mrs. Voit that the bonding ordinance requires that the City charge sufficient rates to receive enough money to pay off the bonded obligation. There being no objection to Ordinance No~ G-553, said ordinance was unanimously passed and adopted on second and final reading on motion by Mr.. Saunders and seconded by Mr. Barrow. 8.c. Ordinance No. G-554 will be considered for second and final reading at the July 13th, 1964 regular Council meeting. 8.d. ORDINANCE NO. G-556 was presented. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THIS. CITY BY ADDING SECTION 23-.16 PER- TAINING TO NEW AND REBUILT STREETS IN THIS CITY. (Copy of Ordinance No. G-556 is attached to and made a part of the official copy of these minutes.) (See Page ~2~-J) There being no objection to Ordinance No. G-556, said Ordinance was unanimously passed and adopted on second and final reading on motion by Mr. Croft and seconded by Mr. Talbot. 8.e. ORDINANCE NO. G-555 was presented. AN ORDINANCE OF THE. CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA~ AMENDING C~APTER 21 OF THE CODE OF ORDINANCES OF THIS CITY PERTAINING TO VARIOUS PLUMBIN~ - CODE REQUIRFA%ENTS,' REPEALING ALL ORDINANCES IN CONFL~CT~ PROVIDING ~ SAVINGS CLAUSE: AND PROVIDIN~ AN EFFECTIVE DATE. Ordinance No. G-555 was~unanimously placed on first reading on motion 'by Mr. Saunders and seconded by Mr. Croft. 8.f. ORDINANCE NO. G-557 was presented. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELIh~Y BEACH, FLORIDA, REPEALING VARIOUS OBSOLETE SECTIONS OF THE CODE OF ORDINANCES OF THIS CITY. Ordinance No. G-557 was unanimously placed-on first reading on motion by Mr. Talbot and seconded by Mr. Croft. 9.a. Concerning a request for Permissive Use for a church educational building, the following Planning..Board report, dated June 18th, was read: -13- 6-22-64 ""Re: Application for permissive use. of W. 75' of the N. 160' of the N. ~ of the S. ~ of Lot 5, Section 8, by the Jordan Baptist Church for an educational building. The Planning Board tabled this request at a previous meeting, until definite plane were presented. At the regular meeting of June 16, 1964 Reverend Lawrence presented plans to the Board. A motion was made by J. Sinks, seconded by Colonel Fabens and unanimously passed to recommend to Council that'the request be granted for an educational building forty feet by twenty-four feet, subject to all city codes and ap- proval by the County Health Department; and that for the safety of the children who attend this school, a solid wall or fence be erected on the north property line with no access to Lake Ida Road." During discussion, Mr. Saunders asked if suc~h a wall or fence was agreeable to Rev. Lawrence, pastor of the Church. Reverend Lawrence said if it was requested that a fence be placed on the north side of the property, the trustees would be agreeable to placing said fence there. Further, that the building would be constructed on the south portion of the property. Mr. Saunders moved to sustain the recommendation of the Plan- ning/Zoning Board in granting said request for Permissive use, the motion being seconded by Mt. Talbot and unanimously carried. 9.b. Concerning certain setback requirements, the folloWing Plan- ning Board report, dated June 18th,was read: "Re: W.% of N.W.% of N.W.% of S.W.% of Section 17-46-43, less State Road 9 right-of-way, Lot (26); more specifically described as the S.w. corner of s.w. 15th Avenue and west Atlantic Avenue, a parcel of land 52.99' frontage on West Atlantic AVenue, and extending 600' south on S.W. 15th Avenue. A request from the owner's agent to the' Building Official for an interpretation of the setbacks on this property was referred to the Planning Board.' A motionwas made by Mr. Kabler, seconded by Mr. Lankton and unanimously passed to recommend to Council that the additional twenty-five (25) feet for future widening of S.W. 15th Avenue be waived on this parcel of land." Acting City Manager worthing explained to Council as follows: "The parcel of land described in the report is an odd shaped parcel of land lying between proposed State Road 9 (I-95) and S. W. 15th Avenue. It has a frontage of approximately 53 .feet o~.~ntic Avenue, extends south- ward approximately 600 i~sa~t~and its southern boundary is 71.12 feet wide. There is atpresent a 25 foot right-of~way dedication for S. w. 15th Avenue, deemed sufficient to meet the need, and it iS recommended that Council sustain the recow~endation of the pla~,ing/~oning Board." -14, 6-22-64 It was so moved by Mr. Barrow, seconded by Mr. Saunders and unanimously carried that the Planning Board recommendation be sus- tained. 10.x. Concerning permanent pipeline easements to the beac~ ~Fom the Intracoastal Waterway, Acting City Manager Worthing infor.~d ~he Council that following their action at s special Council m~9~ng of June 10th, City Attorney Adams had written the folloWing ~etter to Col. Herman W. Schu11, Jr. of the Florida Inland Navigatio~ District, dated June 18th: "Re: MSAs 648-A and 648-D Thank you for your letter of June 8, concerning a release by the United States of the two easements in Blocks' i36 and 144 which are designated in your records as MSAs 648-A and 648-D. I have discussed your letter with Mr. Robert D. Wo~thing, Acting City Manager, and he has requested that I write you as to whether it would be acceptable w~th the United States to substitute a permanent pipeline easement over Thomas Street instead of Nassau Street. It is not feasible for the City to grant an easement over an extension of Nassau Street for the reason that it would necessitate crossing a very valuable parcel of private property. In my letter I failed to mention that in the negotiations with Mr. Frank DeRice that the City would acqUire all of Blocks 136 and 144 less the South 50 feet of the west 473.79 feet. The City would grant .permanent easements to permit the laying of pipelines throughout the areas of MSAs 648-A and 648-D less the above mentioned 50 feet, and also a permanent pipeline easement over that part of Casuarina Road east Of the northerly projection of the West right of way line of Seasage Drive as appears in Plat BOok.20, page 48, Palm Beach County public records. If you feel that the foregoing would be satisfactory with the United States, we would appreciate a letter of confirmation." Mr. Worthing read the following reply from Col. Schull, dated June 19th: "Re: MSAs 648-A and 648-D This refers to your letter of June 18th c~ncerning the release of MSAS 648-A and 648-D. The proposed easements on Casuarina Road and Thomas Street would be satisfactory to the ~lorida Inland Navigation District as substitutes for MSAs 648-A and 648-D, as set forth in your letter. In order to handle the vehicular traffic, it would be necessary for the City to agree to provide traffic ramps as required whenever the pipelines are laid to the beach. As I indicated in my letter, beach disposal easements would be necessary at the eastern ends of Casuarina Road and Thomas Street. Since the beach is owned by the City, that should .not be a problem. The requirement would be 200 feet north of the north boundary extended of Ca~uarina Road and 100 feet north an~ south of the north and south bound- aries extended of Thomas Street, in addition to the street ends. -15- 6-22-64 420 "Please advise me if the proposal as modified herein is acceptable to the 'City." Mr. Worthing commented aa fOllows: "For the City Attorney to continue with this, Council approval would be appreciated for the substitution of Thomas Street,which does have a right-of-way through from the waterway eastward to the ocean, rather than Naesau Street, first suggested, which does not provide a right-of-way through to the ocean." Mr. Talbot moved that 'this proposal be accepted, and said that he felt the City Attorney had done an excellent Job in bringing this to a Satisfactory conclusion. City Attorney .Adams explained~ "we would like your word that this proposal would be acceptable. We are no~: going to do anything until Mr. DeRice conveys the property to the City." Mr. Talbot said he would amend his motion accordingly. The motion was seconded by Mr. saunders. City ~ngineer Fleming said he would like for this item to be referred to the Beach Erosion Committee for further study before the Council makes a final decision on same. Further, that he was, at one time, in favor of the spoil being placed on the beach,but that he is not sure he is in favor of it now. Mr. Talbot, Chairman of the Beach Erosion Commi~tee, informed the Council they expected to soon have all the proposals in from the Engineers interviewed on beach erosion, and could have a Beach Erosion Committee meeting, and that he expected the Council to attend the meeting aa most of the committee members were out of town for the summer. Mr. Talbot then asked if it would be satisfactory to delay action on the 'location of said permanent pipeline easements until an engineer was ~ppointed, if one was appointed, on beach erosion. City Attorney Adams informed the Council this action could not be delayed, as the granting of said two easements was an alternative to filling up the yacht basin in Blocks 136 and 144. Further% that he felt it would be approximately six weeks before anything could 'be finalized with Mr. DeRice. During discussion, it was pointed out that when there was dredged material to be disposed of from the Intracoaetal Waterway in the future, private individuals may request same, or it may be possible to obtain the F.I.N.D. spoil area east of the waterway and south of N. E. 8th Street and have it filled in with such dredged material for a City Park or recreational area. Mayor Avery commented as 'follows.. '"It would seem to the Chair that if you don't do something to remove these spoil areas from the waterway, you are faced in the future with them being filled in and I don't see anything that can be more detrimental than that, because the ocean does dissipate the spoil, sooner or later." Mr. Talbot asked the City Engineer if he was thinking about the rocks on the beach if the canal dredgings were placed there.' City Engineer Fleming commented as follows: "Yes. Just in the small area that they filled with lime rock north of our beach, I had a work gang go along for three quarters of a mile,throwing these stones out into the water because it made the beach so rough." Mr. Talbot suggested that if the dredged material" could be placed out in the ocean a sufficient distance instead of being placed on the beach, it would be buried by the sand and not be objectionable, and the City Engineer said if it was placed further out, it would be very beneficial to the beach. City Attorney Adams informed the Council that this could come up at the time the Council actually approved the pipeline easements, and maybe at that time,it could be inserted that the spoil would be deposited in the offshore section of the beach, but in any event, the placing of sPOil on the beach would be the final resort of the F.I.N.D. Upon call of roll that the suggested pipeline easements would be acceptable to the Council, the motion carried unanimously. -16- 6-22-64 10.x. Mr. Worthing informed the Council that in accordance with past City policy, the City Hall had observed seven yearly, holidays. Fur- ther, this year, the 4th of July, one of those holidays, falls on Saturday and Council approval for closing of the City Hall on Friday, July 3rd, in observance thereof, is requested~ It was so moved by ~r. Talbot~ seconded by Mr. Barrow and unanimously carried. 10.x. Mr. Talbot said at the time the Beach Erosion Committee meeting is called, he is in hopes that the entire Council will be present, as there is only one appointed member of the committee in town and a- vailable to attend. 10.a. The following Bills for Approval were presented: General Fund ~155,400.14 Water Fund - Operating Fund 60,091.50 Refundable Deposits Fund 2,421.07 Beach Disaster Fund 471.25 Improvement Fund 87,657.49 Special Trust Account - Delray Beach National Bank 57.00 The bills were unanimously ordered paid on motion by Mr. Croft and seconded by Mr. Talbot. The meeting adjourned at 10:25 P.M. on motion by Mr. Croft. R. D, WOR ~THING.. City Clerk APPROVED: ~A¥OR ( -17- 6-22-64 ~22-A ORDINANCE NO. G-552. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF D~LRAY BEACH CERTAIN LAND, NAMELY LOT 69, DELRAY BEACH SHOR~S, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF S~ID LANDs AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, it is deemed for the best interest, safety, health, a~d general welfare of the citizens of the City of Delray Beach, Florida, and the owners of the hereinafter described real property that said land be annexed to the City of Delray Beach, and WHEREAS, said land is contiguous to the present boundaries of territorial limits of the City, and the owners of record of said land hereinafter described have consented and given permission for the annexation of said land, and WHEREAS, the City of Delrsy Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: S~CTION 1. That the City Council of the City of Delray Beach, Pall Beach COunty, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City~ to-wit: That tract of land, namely Lot 69, Delray Beach Shores, per Plat Book 23, Page 167, as appearing in the Public Records of Palm Beach County, Florida. SECTION, 2~ That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tract of land, and said land is hereby declared to be within the corporate limits of the City of Delray Beach', Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4? That the land hereinabove described shall im- mediately become subject to all of the franchises, privileges, im- munities, debts (except the existing bonded indebtedness), obli- gations, liabilities, ordinances and laws to which lands in City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. .SECTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a court of com- petent Jurisdiction, S~ch record of illegality shall in no way affect the remaining portion. Passed in regular session on the second and final reading on this the 22nOddy of June, 1964. ATTEST: M A Y O R ._ /S/ R. D. WORTHING City Clerk First Reading . ~une 8. 196~ Second Readinq~ ~ ,~u~.~ 22. 196h 422-B ORDINANCE NO. G-553 ..... AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELHAY BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THIS CITY TO ESTABLISH SEWER S~I~VICE RATES; TO PROVIDE FOR THE ~,~THOD OF COLLECTION OF SUCH RATE CHARGES; TO PROVIDE FOR }~:ANDATORY CONNECTION TO THE CITY SE~ SYSTEM; TO PROVIDE PENALTIES FOR NON-PAY~T OF CHARGES; REGARDING DAMAGED SEPTIC TANKS; P~[EVENTING THE DISCHARGE OF CERTAIN FOREIGN MATT~'~ INTO THE SEi~,~ SYSTE~; ESTABLISHING A SEWER AD- JUST}ENT ADVISORY BOARD AND PROVIDING THE POWERS AND DUTIES THEREOF; TO REARRANGE CERTAIN EXISTING PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SAV- INGS CLAUSE; AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the title to Chapter 27 of the Code of Ordinances of Delray Beach, Florida, shall be amended to read "Water and Sanitary Sewerage". Section 2. That Chapter 27 of the Code of Ordi- nances of the City of Delray Beach, Florida, is amended to es- tablish a new Article therein as follows: "Article III - Sanitary Sewerage "27.25 Connection with sewerage system required. "(1) That the owner, tenant or occupant of each lot or parcel of land within the City of Delray Beach which abuts on or is within two hundred (200) feet of any street or other public way containing a sanitary sewer, which is served or which can be served by the sewer system and upon which lot or parcel a building has been constructed for residential, commercial or industrial use shall connect such building with such sanitary sewer within sixty (60) days after such sanitary sewer main is available to such building for use, and shall cease to use any other method for the disposal of sewage, sewage waste or other polluting matter. -1- 422-C "(2) It s~il be unlawfUl for any person to drain or cause to be drained, any sewage, sewage wastes or other pol- luting matter into septic tanks or other like systems or into any natural outlet such as open streams or ditches within any such area as described in (1) above. "(3) It shall be unlawful for any person to con- struct, install or repair septic tanks or other similar sewage disposal system in or upon any property within any such area as described in (1) above. "(~) The 'intent of this section is to require man- datory connections only within the defined limits of the district for which the sewer inst'allation was designed. "27.26 Cost to be borne by person connecting. "Any sewer connection required by this chapter shall be made at the expense .of the person making such comection and such connection shall be made in accordance with the provisions of the Delray Beach Plumbing Code; provided, however, the City will pay the cost of constructing one sewer tap to the property line of the person making the connection. Additional connections will be 'at the expense of the owner and subject to the approval of the City Engineer, provided there shall be a connecting cost of $120.00 paid to the City. On all properties wb..ere any building drain is too low to permit gravity flow to the public sewer, sani- tary sewage carried by such drain shall be lifted by approved ar- tificial means and discharged to the public sewer at no cost to the City. "27.27 Damaged septic tanks "When a private septic tank or grease trap is damaged accidentally or from any other cause in the area described in Sec- tion 27.25 (1), it shall be pumped out by a licensed septic tank contractor or plumbing contractor and filled with sand. "27.28 Rates and charges "The following rates and charges as hereinbefore adopted by the City on November 6, 1961, in Resolution Number 422-D 1359, shall be collected from the users of the city sewage system: "The initial schedule of rates, fees and other charges to be imposed for the services and facilities furnished by the sewer system, which initial schedule shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineers and accepted by the city but which shall be subject to such revision from time to time hereafter as may be necessary to carry out the require~2nts of this section shall be as follows: "RESIDENTLIL UNITS "A monthly sanitary sewage service charge is here- by imposed upon ~each residential dwellin~ unit, Ks more spe- cifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally owned sewage system, according to the following schedule: "Single family residential dwellings, for the first ~ fixtures or less contained therein, $2.50, for the next S fixtures contained therein, $k25 per fixture and for all fixtures contained therein over 12, $.15 per fixture. "COI~'~J~RCI~L AND NON-RESIDENT~'~L UNITS "A monthly sanitary sewage service charge is here- by imposed upon each commercial and non-residential unit to which sanitary sewage service is available through the facili- ties afforded by ~he muniCipally owned sewage system, according to the following schedule: "For the first 2 fixtures contained therein, $2.50, for the next 8 fixtures contained therein, $.50 per fixture and for all fix- tures contained therein over 10, $.25 per fixture. "For the purpose of the foregoing schedule each plumbing fixture or drain that is connected to a sewer, in- cluding, but not limited to, a toilet, wash basin or lavatory, bath, floor drain, laundry tub, kitchen sink, slop basin or wash sink, washing machine, equipment or device if so con- -3- 422~E s~ructed as to discharge its water content into any of the foregoing or directly iz~to a sewer, shall be regarded as a ' fixture '. "27.29 Time and method of payment "All statements for sewer service shall be sub- mitred monthly on the same statement as ~he charges for wa~er service and shall be due and payable at the same time as the statement for water services; provided, however, the charge for sewer service shall be made a separate item thereon; and fur- ther provided that non-payment of such charge shall render the user subject to the provisions and penalties provided for non- payment of water bills as now or hereafter established by the ordinances of this city. "27.30 Sewer rate cbmrges continued "(a) No sewer service shall be furnished or rendered free of charge to any person whomsoever, and the city, county, state, and the United Sta'~es of America, and every agency, department and instrumentality thereof, which uses any sewer service from the sewer system, shall pay therefor at the rate fixed herein. "(b) Said charges shall be collected monthly on a year 'round basis, provided, however, that inasmuch as the sewage system is interdependent with the water system of the city, said sewer charge stroll not be collected during such times as the water service may be discontinued, and the sewage system not used. "(c) A sewage connection serving a residential building containing one or more single family units shall be considered a residential connection; a sewage connection ser- ving a motel or hotel shall be considered a non-residential connection. 422-F "27.31 Permit required to open public sewers. "No unauthorized person shall uncover, make any opening into, use, alter, or disturb any public sewer o~ appur- tenance thereof without first obtaining a written permit from the plumbing inspector, subject to the approval of the City Engineer. "27.32 Discharge of foreign matter into sanitary sewage system of city prohibited. "It shall be unlawful for any person to discharge into the sanitary sewage system of the city: "(a) Septic tank sludge from a tank truck into a street manhole, or by direct connection from a septic tank or drainfield to the sanitary sewage system of the city. "(b) Any inflammable, explosive, or combustible liquid such as gasoline, oil, cleaning fluids, or any other materials of this nature. "(c) Any industrial wastes unless approved by the Plumbing Inspector and the City Engineer. "27.33 Grease trap exceptions. "It shall be lawful for certain commercial build- ings, restaurants and multiple dwelling units to have grease traps when same are approved by the State Board of Health, and the Plumbing Inspector. "27.34 Protection from Damage "No unauthorized person shall maliciously, will- fully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. "27.35 Powers and authority of inspectors "The plumbing inspector and other duly authorized employees of the city bearing proper credentials and identifi- cation shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this ordinance. -5- 4.22-a "27.36 Penalties "Any person violating any of the provisions of this c~pter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation. Section 3. That Chapter 27 of the Code of Ordi- nances of the City of Delray Beach, Florida, is amended to es- tablish a new Article therein as follows: "Article IV - Sewer Adjustment Advisory Board "27.37 Established "There is hereby established a Sewer Adjustment Ad- visory Board for the purpose of recommending to the City Council the .establishment of sewer service rates for users not other- wise provided for in this chapter, and to hear appeals from users who claim to be aggrieved by the application to them of the sewer service rates or any other sewage requirements estab- lished in this section.. "27.38 Membership. "The membership of tho Board shall consist of men or women who are residents and owners of improved real property in the city and shall consist of three (3) members serving with- out pay. Any vacancies in such Board shall be filled by the City Council and where such vacancy occurs otherwise than by expiration of the tern'l, the appointment filling such vacancy shall be for the unexpired term. The City ~uager or a person designated by him, shall be au ex officio fourth member of said Board and shall act as the Executive Secretary thereof, but he shall not have a vote thereon. "27.39 Term "All members of the Board shall be appointed by the City Council to serve a three (3) year term, except that the first appointments shall be for the following terms: "(1) One member shall be appointed to serve for a period of one (1) year. -6- 422-H "(2) One member shall be appointed to serve £or C period of two (2) years. "(3) One member shall be appointed to serve for a period of three (3) years. "27.40 Meetings "(1) Immediately after their appointment, the Board members shall meet and organize by electing from the membership a Chairman. The Board shall adopt rules and regu- lations for the conduct of its meetings, including the methods of calling special meetings. The Board shall keep minute~ of its meetings. "(2) The Board shall meet at least once a month; provided, however, that where no appeals or other ~mtters affecting rates are pending, such regular monthly meeting shall be at the discretion of the Chairman. "(3) After consideration of any appeal or other matter concerning rates or other sewer requirements established herein, the Board shall re~.ch a decision as to the proper dis- position of such appeal or other matter and shall forthwith advise the City Council of such decision in writing, directed to the City Manager, who shall then place the matter on the agenda for the next regular meeting of the City Council. "(4) All decisions of the Board shall be reviewed by the City Council and the establishment of new rates or the amendment of existing rates as well as any other sewer policy decisions shall be the sole duty and responsibility of the City Council and shall be accomplished by the passage of ~n ordinance or other appropriate l~gislation. Section 4. Any person, firm or corporation who violates the provisions of this Chapter shall upon conviction be punished as provided in Section 1-6 of this code. -7- Section 5. That should any section or provisions of this ordinance or any portion thereof, or any paragraph, sentence or word be declared by a court of .competent juris- diction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or ony part h~reof, other than the part declared to be invalid. Section 6. Tha~ all ordinances or par~s of ordi- nances in conflict herewith be and the same are hereby repealed. PASSED on second and final r~ading in regular session on this 22nd day of . June .. , 1964. AL..... Q, AVERY Y~yor ATTEST: /s/R..O. WO~H~NG City Clerk First reading ,,Jun._e,.,~...196~ Second reading June 22, 422-J ORDINAI~E NO, G-5,56. All' OADII~NCE OF C~R 23 OF ~ CODE OF O~Z~CES OF ~S CZ~ BY ADDI~ 8E~ZON 23-16 PER- TAZ~ ~ ~ A~ ~BUZ~T S~TS ZN ~S CITY. ~W,-BE ~T ~on ~.~ ~,.-~'at ~ap2er 23 of the Code of Ordinance o~ the C~2~ ~ and '~'e ~Sa~ ~ he~eb~ a~nded by adding Sect[~ 23-16 to read aa follower "Sec~ 23-16 .New a~ rebuilt streets - Council authority required. "All ~ construction of .streets, alleys or side- ~alks, or any pa~t t~eot shall be accomplished by s~cial assess- ments tn accordance ~ith Article ~ o~ ~e City ~arter unless otherwise au~o~ized by ~e Ci~y Council. "~e ln~nt o~ this section is to ,apply only to those streets, all~ys or Sidewalks ~i~ a~e not presently constructed to city specifications. No~ing herein contained shall ~ construed as affecting the City '~nager's unrestricted authority ~ repair, ten,face or o~e~tse ~intain those streets, alleys or sidewalks heretofore conat=uc~-tO ',city a~cffi~tions." PAS8~ on second and final reading in wegul~w ~ssion on this ~he 22nd day of June , 196~. City .~k Pirst Reading , June 8, 1964. Seco"d ~a4{~g June ,aa, 19~ ......