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06-24-63 193 ~ regular meeting of the Cit¥:OounciI of Delsey Beach was he~ in the council chambers at 8:00 P. M., with Vice Mayor A1 C. Ave~. in the ~haf~, City Manager Robert J. Holland, City Attorney John Ross AdamS, and Councilmen Emery J. Barrow, George Talbot~ Jr., and Oliver W. Woodard, Jr., being present. 1. An opening prayer was delivered by the Reverend Duane W. Smith. 2. ~ne minutes of the regular meeting of JUne 10th and sp~olal meeting of ~Ane 18th, 1963 were unanimously approved on mot~0n by Fro. Talbot and seconded by Mr. Barrow. X. Me. ~oodard was u~animously elected to serve as Vice Chairman of this Council meeting on motion by Mr. Barrow and seconded by Mr. Talbot. Vice Mayor Avery then asked that any debate or comments Be limited to t~ee. minutes per person with the understanding that there could be an extension of time if it were considered necessary. 3. Mr. Kenneth Ellingsworth of N. E. 16th Street, representing a group of residents in the N. E. section, petitioned the Council for extension of the Sanitary Sewer System to the Seaorest Park, Plumosa Park and Northridge Subdivisions. The request being based on the fact that this is one of the most densely populated areas of the 0ity~ and they feel that if a contract were let at this time, since the contractors are in ~e area, that a considerable savings could re- sult · Following comments, Mr. Woodard moved that the request presented by Mr. Ellingsworth be referred to the Engineers and the City Manager, wit~ di~ection to the City ;~,~nager to discuss same with the Fiscal Agents and report back to the Council. The motion was seconded by Mr. Talbot and carried unanimously. ?here was a question as to how soon there could be an answer tc the request for additional sewers. Vice Mayor Avery explained ~that there has been planned a certain sewer system with prospective cus- tomers, and ~ust so much money allocated and that bonds were sold for that purpose, howe~er, this system came in under the Engineeres estimates of c'est. That it will take some analysis to see how much money is left and to ascertain if more sewer lines can be laid for other customers, or if that is impossible, to contact the Fiscal Agents concerning the~floating of additional bonds. City Manager Holland informed the Council that he hoped to have said report for the July 22nd meeting. 3. Mr. H~gh Vogl, developer of land in the N. W. section of town, informed the Council that he would like to have sewers extended to his property at this time as it would do much toward the developement of same, and asked if it would b~ feasible to run two~ lines through Chevy Chase into the Lake ~da Shores Develop~' area as there are approximately 180 residences planned in that section, and that sales are to, lost all of the time for the reason of there being no sewers in that area. Vice Mayor Avery lnfo~med ~r. ~ogl that"his request was different t~an t~e other request presented, and then asked City Engineer Fleming~ "~Xen t~ere is a dewelopement like this ~with the streets laid cut, we put in water lines on a certain basis. How are ~he water lines put in thts setup~~ City Engineer FIeming~ "The ~a~e~ li~s in the subdivision are paid for by the subdivider, and of course, that cost ls eventually passed along te each individUal property $wner. Mayor A~e~.~ ~o~ has that been the custom in other town~ as fa~ as sewer systems are concerned also~" Engineer Fleming:, "~hat has been ~the case and it is in our ordimance~" Mayor Aver,j~ '~ut it ia up to' us.. then to,,get the colle6tion~line ~ut that. Subdivision. Is t~at correct? Engineer correct, the Mayor Avery~ with this Vice/Mayor Avery ins'~e~ed .~., V°gl '%o.'C°ntact Oity Engineer Fleming about this matter and the ~ngineer would present said needs to the 0ouncil for their consideration. City Manager Holland explained that if other areas are considerd to be sewered that would be Phase II of the Sewer System and would require additional bonding. 3.. Mr. Dana Walker of 238 N~ E. llth Street complained about a bush being moved from the right-of-way in front of his home more than a week before the ditch was dug for a sewer line, and asked the Council what condition his property and the street would be left in after the sewer line installation. City Manager Holland informed Mr. Walker that according to the Contracts,.property would be re- .turned to the original or better condition than it was before the sewer lines were installed. City Manager Holland, further, explained that where there were trees'or shrubs on city rights-of-way, if the property owner adjoining same desires said tree, it will be moved to their property. " Vice Mayor Avery informed Mr. Wal~er that he would"have the Engineer check~'this out and see if the bush, or one equal to it, can be put where said b~sh was originally.~. 3.° Attohney William-Merkle of West Palm Beach, hepresenting Mr. Charles Ball of the Ball 0utdoo~ Advertising Company, informed the Council that Mr. Ball is seeking permission from the Council to erect a billboard for outdoor advertising purposes on the south"edge of. Delray Beach in the center of Tropic Isle Trading Cen~er, that Mr. Ball recently leased the p~operty in question under the aSsurmption that said property was located in the County~and not within the city limits, and that construction of Said sign had begun before h~ was aware of same being~ithin Delray Beach. Attorney Merkle showed the Council a sketch of the property, types of signs that the Ball Adver- tising Company construct, and pictures of signs now existing in said vicinity, Attorney Merkle asked if a variance could be granted and Council permission given for the sign to be erected. At the request of Vice Mayor Avery, Building Official Hughson read an excerpt from the sign ordinance concerning Council permission for installation of a certain type of sign, otherwise prohXbited by the sign ordinance. Building Official Hughson explained that the work had begun on this signwithout ~he Company first getting a per- mit for same and~without a City occupational license to de~'business within Delray Beach, further, that he has"been informed that Mr. Ball is in the process of getting a city occupational license. Mr. J. H. Scheifley, President of the Tropic Isle Civic Associ- ation informed the Council that the2 are very'concerned about this item and that they are ~pposed to said billboard being erected adja- cent to their main entrance to Thopic Isle. Following comments Mr. Woodard moved that the request for ~rec- tion of said sign' be denied, the motion being seconded by Mr. Barrow and unanimously carrieH. Vice Mayor Avery ~sked the Building Official to notify Mr. B~ll to remove the poles tha~ had been erected for said sign, and it was explained to Council what the City could do in the event the poles were not removed. 3. Mr~o Adam Killerman requested that the picnic tables be rein- stated on the'beach for the summer, at least at the North end of the Beach. ~. Talbot said that he could see no harm in the picnic tables being on the beach in the summer, but that it isn't practical to move those concrete tables and benches from one place to another. Mr. Talbot suggested, that when the City has money available, it would be more practical to place some wooden tables at the beach and they could easily be moved from the beach during the season. Mr. Talbot then moved .that the City Manager explore the possibility of placing Wooden picnic tables at the beach for the summe~ Season only, the motion being secondedby Mr. Woodard. Mrs. Catherine Strong informed the Council that she saw no rea- son for purchasing wooden tables for the be~ch, as She felt the ex- pense in moving the concrete tables would not be that great~ and that they should beused at the beach. City Manager Holland informed the' Council that the expense in moving ~said tables'was too great, and tha~ the City Park and the 10th Street Boat landing Where the'~concrete tables.are .nbw located are suitable for picnics. Upon call of roll, the motion carried UnanimOusly. (2) 6-24-63 195 4. There was no Beautification Committee report. 4.a. A roll call shored that the following Civic Organizations and representatives were in attendance. Chamber of Co~umerce Kenneth Ellingsworth Board of Realtors Paul Ledrigge Tropic Isle Civic Association Mr. John Nal~tead League of Women Voters ~s. Frank Carey Beach Taxpayers League ~. John Thayer P~anning Board Col. Andrew L. Fabens Beta Sigma Mrs. Oliver W. Woodard 5. City Clerk Worthing read the following letter from the Florida Inland Navigation District, signed by General Manager Herman W, Schull, J~., and dated June 14, 1963. "~his is to confirm our telephone conversation of Thursday, June 13th, concerning the dredging of the Intracoastal Waterway. Due to shoals that have developed south of Deerfield Beach, which are an obstruction to navigation in the waterway, it is planned to change the order of work to commence dredging about July 1st at the Deerfield Bridge and to proceed southward from that point to Hillsboro Inlet before undertaking the work remaining to be done in the City of Delray Beach. This will necessitat~ extending the working period for depositin~ dredged material on the beach to not later 'than December ~Sth, 1963. This limiting date had been November 15th. I hope this will not cause un~easonable inconvenience." Mr. Talbot said that he felt this'~work should not be carried on during the tourist season and moved that Col. Schull of the F.~.N.D. be requested to see what can be done in the way of postponing'the dredging of the Inland ~aterway until after May 1, 1964, if same cannot be finished by NoVember !st of this year. The motion was seconded by Mr. Woodard and carried unanimously. 5. City Clerk Worthing read correspondence from J. O. White, Chair- man of the Joint Railroad Brotherhoods~ Committee of Florida, addressed to Governmental Bodies of the State of Florida, Chambers of Commerce, Civic Organizations, Private Industries and Individuals, concerning proposed railroad mergers. Mr. Tom Kindaid of Tropic Blvd. said that he was sorry that such s thing was read at this meeting, that it sounds to him like propaganda. ~.a. Mr. Talbot asked if there would be a representative of Russell & Axon Consulting Engineers present at the Special Meeting on Tues- day, June 25th, and Vice Mayor .~very informed him that the City had been assured that Mr. Frank 0steen and Mr. J. F. Kapinos would be present. 5. a. Concerning the Sanitary Sewer System, Mr. Woodard asked if there had been any thought given to putting sewer linee under State Road 806 before 4aid road is constructed, as it may be feasible to place these pipes under the highway at the proper locations as a new road cannot be ~orn up for at least five years. Mr. Woodard then moved that this study be referred to the Engineers, City Manager, Fiscal Agents and anyone else concerned. The motion was seconded by Mr. Barrow and carried unanimously. 5.a. Mr. Woodard said that he had received complaints of people not being able to locate the City Water Plant buildings and asked if ther~ was a name or some indication as to what the buildings were, and asked that a small descriptive sign be placed on said Water Plant Buildings in order that the public might identify them, City Manager Holland said that same would be taken care of. 5.a. Vice Mayor Avery relinquished the gavel to Vice Chairman Woodard and informed the Council that he had bee~ approached concerning a Paving assessment on a portion of S. W. ~th Avenue. That residents in that area had petitioned for a portion of said Avenue to be paved, ( 3 ~ 6-~4-63 :i.96 that the Council had granted same and at that time it was considered to be a dead.end street, th~ participation for paying same was 10% for the City's share and ?05 for the property owner. HOwever, with the City Street Improvement program it 9ppear~d"best' for the good-of th~ City, to pave the rest of the section making S. W. 5th ~venue contin- uous instead of a dead end street. Further, that the City's partici- pation in this'type of street is ~0% and in Justice to these people, the percent of the City's participation should be chan~ Mr. Avery asked the City Attorney the proper procedure in changing the amount of the City's participation in this assessment. City Attorney Adams informed the Council that it would probably be better to wait until the next meeting, and in the meantime, investigat~Uae prior ordinance or reSolution, and possibly at that time reset'the former one and adopt a new one. City Clerk Worthing informed the Council that S. W. 5th Avenue was a residential street and that CounCil policy is that the City share 20% of said cost. Mr. Avery then moved that the City Adminis- tration bring to Council a new Ordinance with City participation the same as any other comparable street in the City. The motion was seconded by Mr. Woodard and carried unanimously. 5-.'a. Mr. Avery said that he had received - complaint from Mr. Earnest . Byrd who owns a wrecker and is licensed to do business in D~l~ay Beach, that a citizen.of this tow~who had a wreck asked that he be called for his wrecker, and this citizen was told by the policeman that said individual was not licensed and a competitive wrecker was called. Mr. Avery said that he would like for the City Manager to investig,te this complaint and report to the Council the City's policy As to the wrecker business. 5. a.~ Mr. Avery informed the Council that there was a bad drainage situation ,t N. W. 8th Avenue and N. W. 4th $~reet, Just north of Spady School where the City limits ends. Mm. Avery moved tha~ the City petition the County Commission to Join 1with the City'in a study and possible JOint solution of this drainage problem. That such suggestion was made by County Commissioner George Warren. The motion was seconded by Mr. Barrow and carried unanimously. 5.a. Mr. Avery said that he had been contacted this evening concerning a small competitive swimming group having been given permission to use the City Swimming pool at 7:30 A.M.., and that said permission had then been cancelled, and wanted to know what could be-done to help this g~oup. City Manager Holland explained that said setup conflicted with the schedule that had been arranged and that there was not sufficient funds to take care of the additional employees and that he had cancelled the permission of said group to use the pool. Mrs. Faye Carpenter said that her son was helping Coach Baldwin with that swimming group and after City Manager Holland had explained the setup to her, she had permitted the group to use her pool. 6.a. Concerning additional parking facilities in the east-weSt alley North of the Librar~y building, the City Clerk reported that a Rider, attached to the existing lease held by the Librax-y Association, pro- vides for the City being able to use the North eight feet of Lot 7, Block 10~tfor parking purposes at such time as the City Council may determine need for same, subject to the City providing for relocation of the existing landscaping as ~ell as Pearrangement of the sprinkler system on said lands, if necessary, to assure continued s~tisfactory operation of such~system, estimated cost for such added parking facilities being $500.00, It was stated that this would provide nine parking spaces which would be equal to 1 and a half blocks of parallel parMing on Atlantic Avenue. Mrs. Cetherine Strong asked if the Beautification Committee had been consulted about this and suggested that they be consulted. It was reported that the Beautification Committee had agreed to this strip of parking spaces, further, that at any time the library wished to exDand their building, there was provisions for. notification to the City and the sprin~ler system, landscaping, etc. would be replaced properly. Upon question by Vice Mayor ~very, City Manager Holland recom- mended that said parking be installed. The City Manager, further, stated that the money for such installation could come from the $20,000.00 that the City alloted him for the Street Improvement pro- g~amrecently. (4) 6-~k-63 M~. Woodard moved that $500.00 be appropriated from the Street Main- tenance Fund No. 910-321-526 ~and that the work be ordered to be per- formed. The motion was seconded by Mr. Barrow and upon call of roll, Mr. ~very~' Mr. Barrow and M~. Woodard voted in favor of the motion and Mr. T~lbot abstained from voting. 6.b. The City Clerk reminded the Council that they had recently directed the City Manager and City Attorney to investigate the problem of maintenance of finger canals within the City, that under date of May 9th, the City Attorney furnished Council a report thereon for the purpose of acqUainting Councilmen with the problem, and further, suggesting certain courses of action as a result of contacting some neighbaring cities relative to their experience with similar problems. The City. Clerk read the following memorandum from City Engineer Fle~mlng to City Manager Holland .concerning the maintenance of finger canals, dated June 10, 1963. "Subject: Maintenance of finger canals. As suggested in the City Attorney's memo of May 9, 1963, an - attest has been made to estimate the annual cost of maintenance of the subject canals Without extensive sounding and measurements, it is extremely difficult to estimate the quantity of fill which has drifted into these canals. In addition to the sand which has been carried into the canals by tide and wake action, ther~ is also a great deal of fill which has seeped under the seawalls and they are, in many cases, badly undermined. ~ssuming that the major portion of the fill would have to be handled twice, that is, it would have to be loaded onto a barge and then hauled to another location for disposal, the following equipment would be required: one derrick barge with operator and crew @ $30 per hour, one tugboat with~crew @ $10 per hour, one dirt hauling b~rge @ $1 per hour; total hourly co~t $~1. These figures are as furnished byPo~ell Bros~, Contractors. Using the above figures, it is estimated that the .annual cost for cleaningthe city,s 38 finger canals would lie between $30,000 and ~40,000 per year. The cost of repairing undercut seawalls by using gypsum Bulk- heading material driven 18 inches into the canal bottom aIon~ the inside ( or the water side ) of the seaWall, and the area between the bulk_heading material and the seawall filled with concrete, including the use of a Jet pump behind the seawall to make sure of proper fill, would be approximately $7 per foot. There are several locations where the seawall appar- ently is in need of repairs at the present time. However, it is impossible to state how much additional repairing of seawalls should be performed without underwaterprobing. There is a total of approximately 90,000 lineal feet of sea-. wall involved, and it is logical to ?xpect that the maintenance of these seawalls would add another $20,000 to the total cost of the maintenance of the subject finger canals each year." The City Clehk then read the following letter from the Tropic Isle Civic ~ssociation, Inc., dated June 18, 1963. "SUbject: Maintenance of Canals Dear Gentlemen: You will recall that Captain Cornelius Knox, 911 Bolender, Tropic Isle, requested ~hat the City take whatever steps may be nec- essary to alleviate the impossibility of access to his property by boat. The Council, upon receiving the request, asked the City ManAger and the City Attorney to investigate the problem of maintenance of finger canals in the city. The results of this investigation 6-~63 were tr~uamttted to the Council ln.a letter dated May 9, 1963 and signed by John Ross Adams, City Attorney. The essence of Mr. Adamst report suggested three possible alternatives in respect to the maintenance of the finger canals. The officers and directors of the Tropic Isle Civic Association .believe that the problem submitted by Captain Knox is a specific and individual problem, and because of special circumstances, should be treated separately from the overall .question of maintenance of the finger canals. We (the Tropic Isle Civic ASsociation, Inc.) ~uestion the accuracy of the following statement in Mr. Ad~ns~ lette~ - tThe problem in the South Gr~nde Canal is that the prevailing winds and wave action have caused an accumulation of sand toward the butt end.~ It is our'belief that the special draih _~ installed by the city several years ago contributes substantially to the accumulation of sand at the west end of the canal. It is believed that this drain services the land west or the end of the .cAnal, and possibly west of the Pederal Highway. This latter area is not within the confines of the Tropic Isle Sub-Division, We recormmend that the city have a qualified engineer determine the cause of this excess sand in the west end of the canal; this is the specific problem which occasioned Captain Knox's complaint. If it is ascertained, as we believe, that the city- installed drain is the major factor, then we feel the city should'correct the condition as a separate and distinct problem of responsibility. The second problem is that of overall maintenance of the finger canals in the city of Delray Beach. There are some 39 finger canals in the cityl However our primary concern is the 21 canals in the Sub Diviskon'of Tropic Isle. We are not certain that the circumstance of annexation, legal responsibility and conditions of annexation were the same for the finger canals that are outside of Tropic Isle. Our.contentions.concern only the 21 in Tropic Isle. The Tropic Isle Civic Association, Inc. legally'represents more th~n ~25 of the 661 lots in the s~b-division. The Assbci- ation has 125 dues paying members. Many of these members are multiple lot owners. The Tropi~ Isle~Civic Association, Inc~,. represented by the officers and Board of Directors, has studied %he three ~lter- natives for maintenance of the finge~ canals as proposed by Mr. ~dams. In a vote taken on'Tuesday, June 11, the Directors unanimously voted for alternative number 1. This alternative states. ~Cr~ate a waterways department for the maintenance of canals.and waterways which have been dedicated for public use, and finance the operation of this department from the General Fund.~ The reasons for favoring n~mber'l are briefly summarized as follows: 1. Legal responsibility for City maintenance exists based on the written terms on the plats accepted by the city. The waterways are ~dedicated~ to the use by the public. 2. Tropic Isle p~opertx is assessed on the basis it is waterfront property. Probably 90% of the 1ora are on water. In return for this higher assessment, maintenance is both logical and e~ected. 3~ City has an implied responskbility because, at 'the time of annexation, it did not require a bond to assure the' execution of certain promises, assurances and proposals on the part of the deVel0per. It is our understanding these promises, assur- ances and proposals were never executed comPletely (i.e. sea Walls, etc.)". 4. The AsSociation does not feel tha~ the' sePgices provided by the city are commensurate with-the tax load carried by the residents and property owners of Tropic I~le. (i.e., inadequate police protection, cutting Of WeedS etc.) (6)' 6-2~-~3 ~99 For these reasons~ the .association strongly recommends that the city adopt alternative #1 as outlined in M~. Adamst letter. We believe that our waterways should be properly maintained for in our opinion, as a natural attractionthey are second only to our ocean beach. - ~- In a letter from Mr. M. C. Fleming, City Engineer., to City Manager Holland, dated June 10, the maxim~mcos~s to the city to maintain 3~ f~nger canals and 90,~'0'0-'~t of sea-walls is estimated at .~60,000 per annum. We submit that the maximum estimated cost, based on M~. Flemingts letter would be $31~0'. We arrive at this figure by_computing the cost per canal ($60,000 divided by 40 canals) as $1500 per canal per year. Since t~ere are 21 canals involved, the maximum estimated cost would be ~31,500 '($1500 x 21 canals). It should be kept in mind that this is a maximum figure, according to Mr. Fleming. Also, we feel that it would probably be unnecessary to do-this work yearly. If it were completed every third year, the annual cost would be only $10,000 to $11,000 per year. It may be felt by some that the work would only be required, every fir? years. In this case, the annual cost would be only $6,000 to ~7,000 Der year. In conclusioS, the City of Delray Beach apprbved and accepted the final plats of the First, Second, Third and Fourth Sections of Tropic Isle aS submitted by the Sub-Dividers. By acceptance of these four plats, the City entered into four legal contracts. In these four contracts,' the City permitted ~nd accepted the dedication of the water~ays to the public. Consequently~ through the generosity of the Sub-Dividers, these w~erwayS h~ve been ~he property of the City since th~ time of the acceptance dates on the four plats. The proper maintenance supervision, and beautification of these waterways through the intervening years has been and continues to be both $ legal and moral responsibility of the City of Delray Beach to the granting sub- dividers, the property owners 'of.the f6ur sections of~ Tropic Isle, and all the residents of Delray Beach. It is our opinion that the management and maintenance of the city's waterways in Tropic Isle have a definite legal priority over several projects the city is now maintaining. Since annexation by the City, some six years ago, to our knowledge, the City has spent nothing for the maintenance of these canals." Vice Mayor Avery asked the City Engineer if there was a sahd trap in the storm drain emptying into SoUth Grande Canal that was reYerred to in the preceding lette~ to which the Engineer ~eplied that the catch basins have. sand tr~ps in them, however, that the installation of this st~r~ draih was fo~ the-purpose of avoiding putting sand into the canal, that the sand had beeh flowing into an open ditch from bbth sides and entering into the catch Basin and then into the canal prior to th~ installation of the d~ain."That said drain showed on the original plat of Tropic Isle '~nd that the developer had"been derelict in installihg same. Mr. Woodard aslced City Attorney Adams: "Is your conclusion the same as those who are represented here in this Tropic~Isle Civic Association letter that when the City approved the pleats, we, in- essence, ~ccepted the responsibility of maintaining these canals, and if so does that also include .the seawalls' along the canal, and if so does our responsibility for ~anals and seawalls correspond to our responsibility for ~mintaining streets and other public ~ccess arteries?" · City ~ttorney Adams: "I~ll go back to the three alternatives that I suggested as possible alternatives. 1. To create the Water- way Department and operate it out~.~f the general fund. 2. To create a Waterway Department but ~inance the dredging activities by special ~assessments against the abutting property owners on .the basis of special benefit. 3. Abandon and vacate any public interest in the finger canals presently dedicated to the public and make it a future policy not to approve plats with finger canals dedicated to the publi~ ( 7 ) 6-2~-63 2OO The theory behind this alternative would be that it would be unlikely that thepublic would ever have the occasion to use these finger canals'for boating. Further, as far as the legal responsibility wheh the City ap- proves a plat, I beIieve it is covered by a State ~tatute-177.10, a portion of which reads as follows: ~H0wev~r, such approval shall' not bind the County Commissioners, ToWn.Board, City COuncil or Board of Commissioners to open up and keep in repair any parcels dedicated for public in any map or plat'so offered, but they may exercise such right at any time. t" Vice Mayor Avery asked if the Council wanted to consider the sand condition in the South Grande Canal separately or consider it in the overall canal program. During discussion the Councilmen in- dicated that they felt the developer, instead of th~ City, was re- sponsible for the sand condition 'in said canal, as a result of the ~-.,,~ drain not being installed sooner. Mr. Woodard said that he would like to determine the Cityts responsibility. That there is a problem that not only involves TropicI Isle, but involves the policy regarding all finger canals and canals in general. Mr. Talbot suggested contacting other towns to find out their method of taking care of this type of problem. City Attorney Adams informed the Council that he had contacted three different towns that each handled it in a different way, and that he feels the Council can legally abandon public use in the finger canals but that would be a policy decision. ~urther, that finger canals are relatively new in Florida which is one of the reasons it is not too easy to solve as they are Just now beginning to create problems. ~Mr. Avery said he felt that the maintenance of these Canals was a city problem, as it would be impractical ~or an individual property owner or group of property owners abutting a canal to cope with it, but as to how this problem is sblved would have to be debided by the Council. It was brought out that waterfront lots carz-y s factor of higher ~assessed valuation for tax purposes. Mr.~'J. H. Scheifley, President of the Tropic Isle Civic Associ- ation, said there are some general conditions concerning Tropic Isle that should not be overlookedj That potentially Tropic I~le is bna of the most desirable living'areas in the State of~F'lbridA, but'~at the present time the South half is more o~ less stagnant and that it will not grow and develop if it remains as it is now, further, that the residents feel that the developer of Tropic Isle will not do any- thing to improve the condition there, and-that it would be %oo much of a financial burden for individual property owners to do anything about it. That the Association is looking to the City t~ ta!~e the initiative to do something about it as it is to the mutual benefit of~the City and the property owners. That the Assessed Valuation of Tropic Isle is approximately 5% of the assessed valuation of the City of Delray~.j3each. That with only .60 homes on 662 lots there is a potential~Tor increased valuation and mutual benefit. Mr. Scheifley said that the Association has been getting 100% cooperation from the City and that he believes that according to the fine print on the Tropic Isle Plat, and the Association had been advised, that legally the City could be compelled to comply with the terms of the plats as ~ they were accepted, that they do not want to go that far, but they do feel that there is no question about the obligation of the City, and that the City must take the initiativ~ in this 6ase or the South half of Tropic Isle will still be swamp land ten years from now. M~.-Moodard suggested that a committee be appointed to study this problem and come up with some specific or alternative recommendations. City Mahager Holland agreed ~hat this problem needed further study and~ that information be obtained from other towns who have the same p~oble~. ' ' ' ' Vice Mayor Avery said that h~ would like to-appoXnt ~ comittee as suggested c~nsisting of City Manager Holland as Chairman, M~. J. H. SCheifley, and Attorney Henry D. Crowley of TroPi~ Isles, Mr. ~oodard of the coUncil an~ a member of'~the P!annin~/Z°ning Board, s~id member to be selected by their Board, it being ~o moved ~y Mr. Barrow. The motion was seconded by M~. Talbot and csrried unanimously 6.c. Concerning considera~$ion for possible sewer~syStem service to South Point Shopping Center, City Clerk Worthing ~.~a~ the minutes of a meeting with South Point Shopping Center representatives of Sep- tember 5, 1962. (8) 6-24-63 (Copy of said minutes are attached to and made a part of the official copy of these minutes). City Clerk W0rthing then read the following letter from Mr. Jay William Sauer,~. dated May 28, 1963. "When we had our meeting with the Mayor, Commissioners and Engineers Sometime back one of the questions we discussed in detail was the installation of sewers. I Understand the city is now r~ady to proceed and we were given the promise that they would start at the south end. Since the purchase of the land from the county we are now Just North of 12th street which brings us much closer. I w~ll be pleased to be 'adviSed lust when ~he ~onstruction is planned to start so that we can m~ke our plans accordingly. With kind regards, It w~s brought out that the South Point Shopping Center property had been annexed to the City of Delray Beach. Following discussion, Mr. Woodard moved that the City Manager be directed to meet With ~. SaUer, and the Engineers and then come to the Council with a recommendation. The motion was seconded by Mr. Talbot and carried unanimously. 6.d. Concerning the existing palm trees within the cityts rights-of- way, particularly those areas affected by installation of sewer lines, City Manager Holland said that he did not think it is good business, and that the Engineers agree with him, to replant those trees back on top of the sewer lines. That he had tentatively given the Contrac- tors permission to move the trees, giving them to the property owners, at no cost, who want them planted on their property, but that he wanted the Council to consider this and give him an answer later re- garding his and the Engineers desire that the trees not be replanted over the Sewer lines. It was suggested that the Beautification Committee work with the Council concerning the trees and beautification of the streets. City Manager Holland said tha~ it was specifie~ in the Contracts that the trees, etc. would be replaced by the Contractor, but that he does not wish the palm trees to be replaced in the street rights- of- way. t_ Following discussion, Mr. Woodard moved that CoUncilman Barrow as representative on the Beautification Com~aittee, take this p~oblem to the Beautification Committee and coordinate with the City Manager and Engineers to see if they can bring a recommendation to Council to solve the problem of th~se palm tree.~ where the prbpertY~ owner ~oe~ not desire to uae them himself, and any items of .landscapin~ that are not desired to be used' by the property owner. The motion was seconded by ~. Talbot with the 'provision that the Beautification Committee try to sell the property owners in permitting these planting to be moved back on their properties. This addition to the motion was ac- cepted by M~. Woodard and the motion carried unanimously.. City Manager Holland explained that if a tree or plantings are moved from the City rights-of-way to private property, said plantings will not be moved back to the rights-of-way. 6.e. It was reported that the Council on June 10th referred the re- commendation of the Planning Board, relative to possible connection of N. W. 5th Avenue and La~,e Ida Road, to the City Manager. City Manager Holland said this recormuendation'could be carried out for approximately $5,500.00 further, that an additional $100.00 is necessary for the purchase of an additional right-of-way that must be obtained. " Mr. Woodard ~uggested, that since there is no money available for this project at this time, that it be considered in the budget request ~ 'the street program for the next year. -9- 6-24-63 Concerningthe 25t by 300t strip of right-of-way on the South side of N. W. 3rd ~eTlying directly west of the City's Teen Town Center proper~y, Mr.'Wdo'dard moved that the ~right'of-way be obtained at a cost of $100.00 and that the money be taken from the Street~, Alleys and Sidewalks Account, the motion being seconded by Mr. Talbot and unanimously carried. Mr, Woodard then moved that the Plannihg B~ard report concerning connection .of N. W. 5th Avenue with Lake' Ida Rbad b~ accepted' and filed. The motion was secOnded by Mr. Talbot snd carried unanimously. 6.f. Concerning a~emorial for the late Planning/Zoning Board Chair- men, Paul S. ~n~wl~s, City Clerk Worthing read the following Planning Board report, dated June 21, 1963, and signed by Ralph A. Hughson, Director of Zoning. "The Planning Board met on Friday, June 21, 1963. T~e matter of a suitable memorial for the late ~Paul I~nowlest was dis- cusse~. After hearing proposals from several members, it was decided that a committee comprising of K. Jacobson'and S. Lankton confer with Mrs. Paul Knowles and report back to the Board with a recommendation. Mr. Lankt°n also is representing the beautification committee. The Board feels that a matter of this importance should not be hurried, and that all suggestions should be considered." The report Was unanimously accepted c~mo~2n~by Mr. Woodard and seconded by Mr. Talbot. 6~.g. The City Cler~ info~med the Council. that consid'era~ion of an amendment to.the existing contract With Russell'& Axon as Consulting Engineers, h~s ~been requested by Mr. Avery. That such amendment would provide for a continuing c.bntract with Russell & Axon, ~cnsUlting Engineers, for the performance of all ~ons~lting engineering services relating to the city'~s water system, said agreement to b~ tied into the contract~with Russell & Axdn, dated September 30, 1959, and s~ould be understood to be in accordance with terms and conditions~ ~elating to 2ecs~ for such services, as set forth in the "Schedule bf Basic Minimum Engineering Eees" of the Flbrida Engineering Society, attached to and for~ning a part of the contract referred to. The Council was informed that a continuin~ contract with Russell & ~xo~ could ~epresent a v~ry appreciable dollarsaving, which would be not less than $8,000.00 and much closer to ~30,000.00 considering the known services that will un- doubtedly be needed in the water and sewer system services. The City Clerk, further, stated that ~pon 'c~ompletion of the Sewer project their engineering services under this contract wouldnormally terminate, however, in further consideration Of this request on the agenda for a continuing contract, it would be recormn~nded that the Consulting Engineers, Russell & ~xon be asked to submit a proposed Supplemental A~eement No. 3. to the Contract referred ko. It was so moved by Mr. Talbot, the motion being seconded by Mr. Bsrrow an~ unanimously carried. 6.h. Concerning water service outside the City, City Clerk Worthing. informed the Council that it is recommended that Paragraph 2 of the C "~greement for W~ter Service Outside the ity Limits be amended to read as follows: "Any main extension made under this agreement shall be used ~nly by the CUSTOMER~ unless permission is g~anted by the City Council of Delray Beach for bther party or pa~ties to o connect, with the provision that, i~ the event New ~tomer~ be permi'tted' to connect to said extension within ~ee years from the date of ~uch main~extensibn instal- l~'~ion, ~ r~fund of $25.00 shall be made for each s~ch C~USTOMER wish the further provision that the aggregate of s~ch refu~s, shall never exceed the amount of the original dep0sit~" ~' City Clerk ~orthing, further, stated that this recommended amend- ment is for the'~purpose of granting the same refund arrangement"as presently exists under the City's "Agreement for Extension of ~ter Sea, ice to In~i~idua! Customers within the City Limits". -10- 6-2~-63 '203 Following discus~ion,, therecommendation ~asunanlmously accepted on motion by Hr. Woodard and secondedlby Mm~ Talbot. 6.i. City Clerk W°rthing informed the Council that due to the recent passage of a Legislative Act"officially creating th~ position of Vice- Mayor, it was recommended that a motion be passed ratifying th~ pointment of Mm. A1 C. Avery as Vice-Mayor of the City of Del~ay Beach ~r~ Woodard moved to ratify the appointment of Vice-Mayor Avery, the motion being seconded by Hr. T,lbot and unanimously carried. 6.j. The Council was informed by the City Clerk that the North entrance to Tropic Isle Subdivision, namely Tropic Boulevard, was recent1F damaged by a motorist who had no property d~mage $~$urance coverage, That the estimated amount of damage is 9500.00 and Council action i~ requested as to its desired policy relative to such problems as well as provision for necessary funds to cover cost of repair. City Manager Holland reported that the person involved in said damage ~ad agreed to make restitution, and to replace in perfect con- dition property that he had damaged. The City Manager info~med the Council~that he would like for them to set a policy concerning his action should a similar case occur again. City Attorney Adams said that rather than set a firm policy, eaCh circumstance should be investigated and if it was city ~roperty that was destroyed there might be consideration of suing a person if they did not have insurance. I~ was questioned as to whether'the man would fulfill his agree- ment, and when,.in repairing the damage"done. City Attorney Adams in- formed the Council'that within nihety days the' man would lose his right to register a car in the State of Florida and would los~ his" drivers libense which would probably be incentive enough to take care of the damages. It was reported that said individual plans to .have the d~mages completely repaired within three weeks. Concerning any sim. ilar future cases, Mr. Barrow moved that each be handled individually, the motion being seconded by ~. Woodard and unanimously carried. 7.a. Regarding consideration of salary for the Office of City ~'~nager, ~. Woodard moved that.this item be placed on the agenda for the next regular meeting, the motion being seconded by Mm. Talbot and unani- mously carried. ?.b. City Clerk Worthing informed the Council that last year they approved entering into a contract with Gilbert Clifford & Associates for all engineering in connection with the construction of two bridges over the proposed C-15 Canal, expenses incurred to be borne by the Florida Flood Control District, who have agreed to reimburse the City of Delray Beach for all expense involved in the employment of engi- neers for this project, for the design and construction supervision, further, that it is recommended that Council authorize the execution of the contract with Gilbert Clifford and Assbciate~, it being so moved by Mm. Woodard, seconded by ~. Talbot and unanimously carried. It was mentioned that these were low level bridges. 7.c. City ClerE Worthing reported that all tangible improvements and requirements having bee~ provided in full compliance with SectiOn 23A of the Code of Ordinances,-,nd the City Manager concurring there- in, Council approval of the Plat of .Sunny Heights Subdivision is re- commended. -' Mm. Barrow moved to accept the final Plat of Sunny Heigh%s Sub- division as r~commended, the motion being seconded by M~. Talbot and unanimously carried. 8.a. City Clerk'Worthing informed the Council that on June 10th they had passed and adopted Resolution No. 1453, expressing its determi~ nation to improve that part of Nv W? 12th Avenue lying between Atlanta= Ivenue and Second Street. Further, that a public hear%ng on such pro- posed street irmprovement had been scheduled to be held at this'time in order that any parties interested in this proposed improvement, cost of which shall be assessed against the benefitted properties, may be heard. There being no objections to said Resolution No. 1~53, the City (11) 6,24-63 Clerk read RESOLUTION NO. 1455. A RE~OLUTION OF THE CITY COUNCIL OF THE CITY OF DELPhi BF~CH, FLORIDA, AUTHORIZING THE CITY MANA.GER TO PROCEED WITH THE GP~D- ING ~ND PAVING OF THaT PART OF NORTHWEST TWELFTH AVENUE LYING BETWEEN ATLANTIC AVENUE ~ND NORTHWEST SECOND STREET. WHEREAS, the~ City Council of the City of Delray Beach, Florida, did on the 10th day of June, 1963~' by Resolution' No. 1453, determine to proceed with the grading and paving of that part of Northwest Twelfth Avenue lying between ~tlantic Avenue and Northwest Second Street to a width of twenty-four (24) feet. WHEREAS, the Resolution providing therefor has been duly pub~ lished as required by the City Charter, togethe~ with a notice that objections to said improvement would be heard, and WHERF~S, no sufficient objections have been made to such pro- posed improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that the City Manager be and he is hereby instructed to proceed with the grading and paving of that part of Northwest Twelfth Avenue lying between Atlantic Avenue and Northwest Second Street to a width of twenty-four (2~) feet according to the plans and specifications heretofore filed with the City Clerk, and a copy thereof filed in the office of the City Manager and kept open for the inspection of the public. P~SSED in regular session on this the 24th day of June, 1963. 8.b. is a result of the recent passage of House Bill 450 pertaini~ig to the~evy of Cigarette Tax, the following Ordinance amending Chapter 24 of the Code of Ordinances was prepared. ORDINANCE NO. G-490 AN EMERGENCY GRDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAM BE~CH, FLORIDA, AMENDING SUBSECTIONS P/~-?, 2[g-8, AND 24-9, CHAPTER CODE OF ORDINANCES OF SAID CITY RELATING TO TAX ON CIgaRETTES; FIXING RATES~ PROVIDIN~ FOR 00LLEOTION AND USE OF PROCEEDS; AND OTHERWISE PERTAINING TO THE LEVY OF SUCH TAX. (Copy of Emergency Ordinance No. G-~90 is attached to the official copy of these minutes). ( See Pages 206,A & 206-B) Emergency Ordinance No. G-490 was unanimousl~ passed on first and final reading on motion by Mr. Talbot and seconded by Mr. Woodard. Vice Mayor Avery said that with the increase of tax on Cigarettes that Delray Beach would benefit by said increase in the amount of approximately 60% more money which is estimated to be $?2,000.00,that he feels the amount of money received by this increase in tax should be set aside for capital improvements. Vice Mayor AFe~ry relinquished the gavel to Vice Chairman Woodard and moved that 37~% of the esti- mated cigarette tax be allocated for capital improvement funds. The motion died for the lack of a second. Mr. Talbot said that he thinks such a plan is in o~der but that it should be studied over instead of ac~ed upon tonight.~· The other Councilmen were in agreement and Vice Mayo~ Avery asked that this be placed on the agenda for the next regular meeting. 8.c. City Clerk Worthing read ORDINANCE NO. G-491 and the Agreement restricting the use of the property mentioned therein. 12) 6-235-6 3 2O§ ORDINANCE NO. 'O-~91 ~%N ORDINANCE OF THE CITY COUNCIL 0F THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLAOING CERTAIN LAND8 'IN DELRAY BEACH. IN "C-2 GENERAL CO~4EROIAL DIS- TRICTf~, AMENDING "ZONING MAP 0P DELRAY BEACH, FLORIDA 1960"; AND PLACING CER- TAIN CONDITIONS ON S~ID REZONING. Ordinance No. G-~91 was unanimously placed on first reading on motion by MA-. T~lbot and seconded by Mr. ~Barrow. 8.d, City Clerk Worthing read ORDINANCE NO. G-~92 which was l~repared as a result of a recent Joint meeting between Council and th~ Planning~ Zoning Board. ORDINANCE NO. G-492 AN ORDINANCE OF TEE CITY COUNCIL OF THE. CITY OF DELRAY BEACH, FLORIDA, ~MENDING SUB-SECTION ~C~, SECTION 29 - 7, CHAPTER 29 OF THE CODE OF ORDINANCES OF THIS CITY PERTAINING TO BUILDING HEIGHT REGULATIONS IN THE R-3 MULTIPLE FAMILY DWELLING DIS- TRICT. Fa-. John Thayer, speaking for the Beach Taxpayers League, as secretary, said that the Council on May 13th had placed Ordinance No. G-485 which provided for the erection of certain height buildings in R-3 zoned areas, that letters sent out to the members of the League concerning this had received a terrific response in favor of the passage of that ordinance. City Clerk Worthing reported that there were 201 responses received by him, .to the letter that Mr. Thayer referred to, all but two being in favor of the letter as written, the letters of opposition being from Mr. Robert E. McCabe and Mr. Arthur H. Ogle. 'Mr. Thayer asked that Ordinanbe No. G-492 not be passed until he had ha~ sufficient time to contact members of .the Beach Taxpayers League that would be affected by said Ordinance, end he was informed that said ordinance would be presented for final reading and public hearing thereon at the July 22nd Council meeting. Ordinance No. G-492 was unanimously placed on first reading on motion by Mr. Woodard and seconded by ~. Barrow. 8.e. The City Clerk read ORDINANCE NO. G-493. ORDINANCE NO. G-493 ~N ORDINANCE OF THE CITY COUNCIL 0P THE CITY OF DELRAY BEACH, PLORIDA, AMENDING SECTION 29 ' 7.5, CHAPTER 29 OF THE CODE OF ORDINANCES OF THIS CITY PERTAINING TO BUILDING SETBACK LINES ON ALL W~TERFRONT LOTS IN THE VARIOUS SINGLE F~MILY DWELLING DISTRICTS O~ THIS CITY. Ordinance No. G-493 was unanimously placed on first reading on motion by Mr. Woodard and seconded by M~. Barrow. X. City Clerk Worthing presented an application for water services outside the city'tO be furnished to Lot 9, Lake Ida View, being 730 Lake Shore Drive, and stated that the applicant has executed an agreement whereby said Lot 9 may be annexed to the City of Delray Beach when it becomes legal to so provide, further, that in view of the Water Superintendent advising of there being a sufficient supply of water in this area, it is recommended that this request for ex- tension of water service be granted. Mr. Hugh. W. Vogl, developer of a large tract of land located in the Northwest section of the city objected to the City extending water service outside the city when there was unimproved ~roperty within the city such ss isis, with streets, lighting and water already pr$vided. -13- 6-24-63 The request for extension of water service to"Lot 9, Lake Ida View was unanimously granted on motion of Mm. Woodard and seconded by ~. Talbot. 9. City Clerk Worthing read the follow~ng Planning Board report dated June 21, 1963 concerning the rezoning of the entrances to Tropic Isle & Tropic Palms Subdivisions. "At the Planning Board meeting of June 21, 1963, the matter that was referred to the Board pertaining to the rezoning of the entrances to Tropic Isle and Tropic Palms was dis- cussed, and a committee comprising of Jack Kabler and Dick Hanna was appointed by Chairman, James Sinks to make a study of the areas and report at the next regular meeting, thei~ suggestions as to the possibilities of correcting and con- trolling the appearances of these subdivision entrances', and all future entrances to new subdivisions.,, The report wasunanimously accepted on motion by M~. Woodard and seconded by Mr. Talbot. 10. City Manager Holland informed the Council that due to the large number of prisoners in the City Jail during the past year it is estimated that an additional $6,500.00 will be needed to complete this fiscal year, and suggested a transfer of said funds from the Contingency tccount to ~ccount No. 910-213-~35. It was reported by the. Finance Director that during the first eight months of this fiscal year,'$3,975.00 over the ~stimate, had been collected through fines and forfeitures. The Finance Director further reported, that if this transfer o£ $6,500.00 is approved the balance in the Contingency Fund will be $7;6~2.00. Mr. T,lbot moved to transfer ~6,%00.00 from the Contingency Account to the Jail ~ccount, the motion being seconded by Mr. Woodard and unanimously carried. ~O~ City Manager Holland informed the Council that it is estimated J~ Traffi~ Engineering ~ccount will be'overdrawn by approximately '~000.00 by the end of this Fiscal Year and that it is suggested ~t the City Council transfer $1,500.00 from the City Manager's Account and $2,500.OOfrom the Street Lighting Account to 'said Traffic Engineering Account, it being so moved by ~. Woodard. The motion was seconded by Mr. Barrow and unanimously carried. 10. City Manager Holland said that it is his understanding that the property West of Water Plant No. i is being considered for a ball field, and that there is an appropriation for same in the present Budget in the ~mount of $7,000.00. That this area considered is in need of a large amount of fill before it can be used, and that he is in a position to negotiate a contract for sufficient fill that will cost the city only for loading and hauling of said fill, and that the cost of same would have to come from the $7,000.00 allocated For the ball field. The Council unanimously agreed that the City Manager proceed with obtaining said fill, on motion by Mr. Woodard and sec- onded by Mr. TalbOt. appfoval as follows: lO.a.The City ClerkG~neralPresentedFund bills for $130,079.12 Water Pund - Operating Fund ~3,66~.10 Spe¢iaI ~ssessment Fund 6,986.0% Refundable Deposits Fund 1,~72.57 The bills were ordered paid on motion by Mr. Barrow and seconded by Mr. Woodardo The meeting adjourned at 10:55 on order by Vice Mayor ~ver~y. R.o. WOR~HIN~ ~PPROVED: v I C E--~/~ k-O' R .... 206-~ ORDINANCE NO. G-490 AN EMERGENCY oRDINANCE OF'TI~ ~CITY COUNCIL OF' THE 'CITY OF-DEL~AY-BEACH, FLORIDA, AMENDING SUBSECTIONS 24-7, 24~8, AND 24~9, Ct~%PTER 24, CODE OF ORDINANCES OF SAID CITY RELATING TO TAX ON CIGARETTES~ FIXING RATES~ PROVIDING FOR COLLECTION 'AND' US~ ~ OF 9ROCEEDS ~ AND OTHERWISE PERTAINING'TO T~E LEVY OF SUCH TAX. BE IT ORDAINED BY THE CITY COUNCIL OF TEE CITY OF D~LRAY BEACH~ FLORIDA: SECTION 1. That subsections 24-7, 24-8, and 24-9, Chapter 24, C0~e of Ordinances of the City of Delray Beach, Florida, be and the same ~re hereby amended to read as follows: "SECTION 24-7 TAX IMPOSED An excise or privilege tax in addition to all other t~xes of ever~ Kind ~'.~mposed by law is hereby levied and imposed u~on the sale, ~ec~ipt, ~urchase, possession, consumption, handling, distri- bution and use of cigarettes in the territorial limits of the city for cigarettes of standard dimensions as defined by the general law of the state in the following amounts= 1. (a) Upon all cigarettes, as herein defined, three and one-half (3½) inches long or less, four (4) mills on each cigarette; (b) Upon all cigarettes~ as herein defined, between three and one-half (3%) and six (6) inches long, eight (8} mills on each cigarette; and (c) Upon all cigarettes, as herein defined, six (6) inches long or longer, sixteen (16) mills on each cigarette. 2. The description of cigarettes contained in subsection one of this section are hereby declared to be standard as to dimen- sions for taxing purposes as provided in this ordinance and should any cigarette be received, purchased, possessed, sold, offered for sate, given away or used of a size other than of standard dimensions~ the same shall be taxed at 'the rate of one cent on each such ciga- rette. 3. Where cigarettes, as described in subsection 1. (a) above, are packed in varying quantities of twenty (20) cigarettes or less, the following rate shall govern: (a) paCkages containing ten (10) cigarettes or less require a'fcur, cent (4¢) tax; and (b) Packages containing more than ten (10) but not more than twenty (20) cigarettes require an eight-cent (8¢) tax. 4. Where cigarettes, as described in subsection 1. {B) ~bove, are packaged in varying quantities of twenty (20) cigarettes or less, the following rates shall govern: (a) Packages containing ten (10) cigarettes or less require an eight-cent (8¢) tax; and (b) Packages containing more than ten (10) but not more than twenty (20) Cigarettes require a sixteen-cent (16~) tax. · 206-B Page 2. Ordinance No. ~-490. $. Wherecigar.ettes, as described in.subsection 1. (c) above, are packed in varying quantities of twenty (20) cigarettes or less, the followingrates shall governz (a) Packages containing ten (10) cigarettes or less require a sixteen-cent (16¢).tax; and (b) Packages containing more than ten (10) but not more than twenty (20) cigarettes require a thirty-two-cent (32¢) tax. SECTION24-8 COLLECTION The' tax levied:and imposed herein shall be collected by the Beverage Department: of the.state in the manner prescribed in Chapter 210, Florida Statutes. SECTION 24-9 Ail .f~nds received b~the cityby virtue of this ordinance shall be paid into a separate fund to be designated 'cigarette tax fund, and shall be used and ex~ended only for the purposes specified in Section 210.03, Florida Statutes." SECTION 2. Ail ordinances in Conflict herewith are re- pealed. SECTION 3. This ordinance shalltake effect July i, 1963. PASSED by.the City Council of the Cityof. Delray Beach, on this 2~thday of June, A,D. 1963. VICE M A Y O R ATTEST: _ /S/ ROB]~RT D. WORTHING City Clerk