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02-26-62 FEBR~3ARY, 26, 1962. ~ regular me.etlng of ~th.e City Council of Delray Beach was he~d in the CoUncil Chambers at ~.00 P.M., with Mayor' Walter Dietz in Chair, City Manager Louis J. Smitzes, City Attorney John Ross Ad~ and Councilmen A1 C. Avery, George Talbot, Jr., George V. Warren Oliver W. Woodard, Jr., being present. 1. An opening prayer was delivered ~y the Reverend J. W. Nabors. 2. On motion by Mr. Woodard and seconded by Mr. Talbot, the min~utes of February 12th, 1962 Comncil meeting were unanimously approved. X. Mayor Dietz announced that communications had been sent to three of the people that had appeared before the CounCil on February 12th with questions. X. Mr. Talbot, whose area of special interest is the BEACH comment.- ed as follows: "Very few times does the public take an opportuni$y congratulate or cormnend any of our so-called public servants. I ~ happy to be able to report to the Council that I have received ut~$~t commendation to our Recreation Department by the performance and the ~ttention ~ duty of our beach guards. I want to mak-e special note of that and I would like to respectfully suggest that this Council congratulate the Recreation Department through our Mamager Louis Smitzes and to thank them for the excellent work they have done to date, and I hope will continue to be on their toes to help sell Delray Beach to the public." Mr. Avery moved this commendation to the Recreation Department and that the members of the city personnel on the beach be commended and the City Manager be instructed to convey this through proper channels and +aking particular notice that every individual member of this particular department responsible for this compliment from the public be informed. The-motion was seconded 'by Mr. Talbot a~d carried 4. Mr. Warren, whose area of special interes.t~J~is~EAUTIFIOATION read the minutes of the February 15th and 22nd~eautlfication Committee meetings, and the CoUncil took action on the----~ollowing ltems~ "2-15-6~. A motion was made by Mr.. Ellingsworth, seconded by Mr. Galinat that a few white lights be installed in the'north and south'entrance islands by the city using a part of the 'funds donated by Mr. Richter for beautification to pay for this project." Mr. Avery stated that he understands the donated funds referred to were to be used for the Lawn Bowling Area and moved that the light- ing be installed and the money be taken from the Beautification Budget. The motion was seconded by Mr.. Warren and carried unanimously. "2-15-62. AfOot a discussion concerning beautification of the lawn bowling area, a motion was made by Mrs.' Little,. seconded by , Mr. Galinat, that the city,provide adequate parking for this area. Motion passed unanimously. · Mr Avery moved that .this project be provided with funds from the ~treet 'Im~rovement'p~elject, t~e motion being seconded by Mr. Warren and unanimously cart. led. ~ "2-15-62. After a report by Mr. Merritt, ~a motion was made by Mr. Lankton, seconded by Mrs. Little, that the city take action · to enforce state law Chapter #861.10 pertaining to the throwing of trash on .the highways from' automobiles~ Motion ~passed." ~t was suggested .that the City Manager be directed to inform the Police Department that attention should be given to the ~tate ~Law per- taining to throwing of trash on the highways. 2-26 -62 February 26, 1962 "2-15-62. A motion was made by Mr. Lankton, seconded by Mr. Galinat, that the city provide ten small signs reading ,Beautification Award, to. be used on a rotating basis at those homes winning the Certificate of Merit. 'Motion passed unanimous ly." It Was moved, by' Mr. Talbot, seConded by. Mr.. Woodard ~and unani- mously carried that.the Cit~ Manager be askedtohave the.Public Works Department make said !Beautification Award'. signs. ,,2-22-62. A motion was made by Mr.' Merritt, Seconded byMrs. Little, that the city be asked to replace the colored lights in front of the city hall with white Iighting. Motion passed." The City Manager was instructed to take care of. this item. X. .City Manager Smitzes read the following-letter from Palm Beach County Solicitor Joel T, Daves III, dated F~bruary 26th to Mayor.'Dietz. "I am taking the liberty of advising you that the criminal charges previously filed ~gainst R. C. Croft charging Perjury co.m~.i~ted before the Grand Jury have been dismissed in'open Court this morning, February 26, 1962. "It is my belief that the original indictment charging Chief Croft with this crime was based on perjured testimony. It is also my belief that Chief Croft is innocent of the charges filed against him." M~yor Dietz stated that he was pleased that the County had finally.taken action and wants to be sure that all the records in Delray Beach clearly indicate that this was no fault on the part of Chief~ croft but was due to matters beyond the control of the City of DelraY'Beach, further that Chief Croft was reinstated as of the.date of his~suspension and with full rights with Civil Service and salary. Chief Croft expressed his thanks to the Council and the people of Delray Beach, It was then moved by Mr. Avery that a Resolution be passed commending Lieut. Grantham of the Police Department for the very fine way that he filled the breach, performed the duties-OfOhi~f in addi- tion to his~duties as Lieut. The motion was seconded by I. Mr. Talbot and carried unanimously.' ...... 6.a. Regarding a request of Milton-Myers Post No.~6~, .~merican Legion, to hold a carnival at the.~merican Legion Little League Field, it was reported that this proposed location is not~i~ the area designated for carnivels~and circuses as set up,in Ordinance No. G-41~.~ ~2'~ve~y then m~ve~ ~an ord~n~c~ repealing ~dd~nbe ~. ~-~14 $e Placed on first reading, the motion being seconded by Mr. Woodard. AN ORDINANCE OF THE CITY COU~OIL OF THE.CITY OF DELRAT BEACH, FLORIDA REPEALING ORDINANCE NO. G-414 WHICH PERTAINED TO CERTAIN DF~tGNATED AREAS kr~ERE CARNIVALS AND CIR~USES~ARE PERMITTED. Mr. Avery and Mr.~ Woedard withdrew their'motiO~n and second and Mr. Avery then moved that Ordinance No, G-~3 be.~pla~ed on.first read- ing. The motion was seconded by ~. Woodard and carried unanimously. It was reported that the license lee'for carnivale,,had be~n discussed and it was agreed to raise said fee from.-$2~0.0OtO $500.00 and an ordinance concerning same would be prepared for the next regular me e t lng. City Attorney Adams .stated ~' that 'the ;~p~oval of the toque'st to hold a carnival would .still' be subJect'to'lTi~-~g a'per~mit for the carnival and all of the qualifications, It was made known that the CounCil Would have 'to ~prove any in- dividual request for a. Oarnival. "'~' 2-26-62 February 26, 1962 6.b. Concerning the conveyance of a piece of prop:e~ty by Palm Beach ~'ounty to the City of Delray Beach, the City.Manager reported that con.veyance of this land by the county is subject to the assuming by the. city of a road improvement, assessed by the city in the amo.unt. o~ $214.75, which the city will absorb, authority for which assumptte.~ ~'i ~ereby recommended and requested. Thlsl~arcel of land pertains'. ~ 77' lot in Block 14 and fP~lts on S. W..~.!~th Avenue, lying between: Ist and 2nd Stree.ts.~ It was moved by Mr. Talbot that the City a~ said assessment ~..nd accept the land from the County. The motion ~as seconded by Mr, Wooda~d and carried unanimously. 6,c. Mr. Avery moved for the appointment of th~ following Boards and GOr, maittees as listed~ the motion being:seconded 'by ~M. Warren and animous ly carried'. RA..RB. ER'.S.~.BOARD OF EXAMINERS N. G. Dean, Chaizlnan Roy Ward Days Richardson '(W. 0. MusKrave, Secy. not-apPointed by Council) BEA_CH C~MMITTEE HoIldnd, Chairman Catherine E. Strong Willie Franklin $. O... Barnes George~ Talbot, .Jr, (Ex-Of, ficlo) FINANOIAL .ADVISORY BOARD. Nathan Sharp - 0hair,an C'. ~eldon EvauI Rhea Whit ley John M. Regan HEALTH DOCTOR Dr. M. E; Buerk, M.' D~; '~ EEr.-'APPOINTED C AL' COm ? TE Oa RMB SZS. R. J. Holland Mrs. Florence Barnes Catherine Strong -Leroy Baine John Van Sweden - --C~ Spencer Pompey Margaret Walsmith Lee L.. ¥Ou~gblood Miriam Cohen Ozz~¢ F. Youngblood Robert Crego, Plumbing Inspector Dr. M. E. BUerk, City Physician Charles-Clark, Journeyman Plumber Robert Barnwell, Master Plumber Quinton Bishop, Master Plumber RECREATIONAL.ADVISORY BOARD James Raymond James ~ohnson Mrs. Gilbent Swem. ' ' Rdber t 'Fulton Dr. Thomas s~a~ Otiver'W.'~ood_a~d, Jr, (Ex-Officio) 9 Bg , D - - .or a two year te . Gaylen Goodwin, Electrical'Inspector C. 'W. T~'leste; General Contractor Wm. J. ~eargxa~t, l~lO~td'a- Power a Light. J~S ~$ ~pXm, n~ ,Chief,.."o£. Pfre Pr. eventl0n Rich~ '~; ~Nanna, ~rchitect R.-C. Keen, Master Electrician -3- 2-26-62 February 26, 1962 6.d. City Manager Smitzes presented a surv.ey report of alleged nui- sances existing in violation of Chapter i~ of the City,S 'Code Ordinances thatched been furnished by the Fire Department. It was 'mOved. by Mr~~ Talbot, seconded by Mr..Woodard and unani- mously carried to direct the City Clerk to comply'with Ordinance No. G-388 as applicable to th~s nuisance survey report. (Copy of nuisance sUrvey ~eport is attached to and made a part of the official copy of these minutes.) See Page 5RA and %0B 6.e. City Manager Smitzes reported that Mr. R. C. Lawson,. owner of a tract of land in Muck Lot No. 159, lying between Nassau Street and Ingraham Avenue and fronting on Gleaaon Street, has submitted' a sketch for further development, and asked that same be. referred to the Planning Board for consideration and 'comment thereon, it being so moved by Mr. Woodard, seconded by Mr. Warren and .unanimously Carried... 6.f. Regarding the appointment of a Nuisance Abatement Committee, the City Manager reported that ~he purpose of this committee is to review the present method and operation established bY ordinance to abate~nuisances, including lot clearing progr~am th~oughout~the city and recommended Paul I~nowles, Milton Boone , -'Mark Fleming and Council- man Warren as members of said committee. It was moved by ~fr. Woodard seconded~ by Mr. Talbot and unanimously carried to appoint'Said com-~ mitres as recomm~ended. 6.g. City Manager Smitzes reported that invitations were Sent. out to five bidders regarding the water line beneath the right-of-way of the F.E.C. Railway on South Dixie Highway to'the Ci~' Dump, and that three of said comp~ntes picked up the specifications and drawings, and bids were submitted as follows: "Burnup & Sims No Bid Dargel Construction Company ~3,978.05 Harvel Construction Company No Bid For the construction of proposed 6 inch water main to Trash Disposal Site, extending under 01d Dixie Highway and Florida Eas~ Coast Railway, including all fittings, for ~the ~i~mp sum of $3,978.05. Contractor agrees to commence work ~ithi'n 15 calendar days after the date on which notice of the a~ard has been given and to~eomplete fully all.work within not more than I5 calendar days thereafter." It was moved by Mr. Warren, seconded by Mr. Weodard and unani- mously carried that theb!d-of Dargel Construction Company in the amount of $3,978.0% be accepted. It was pointed out by Mr. Avery that the purpose of this in- stallation is to get water to the City Dump to extinguish the fires that frequently start there. · 6.h. Regarding a survey to determine ~the merits of establishing motor pool for vehicles owned and operated by the City, Mr. Avery stated that he had asked for this to. be placed on the agenda but wanted to stress the fact to the city employees that the purpos'e of this action is not to restrict ~the use of any vehicle to any member of the department that his department head o'r th~~ City Manager. thinks is proper, but there is e need of getting control of theSe, numerous vehicles for maintenance as well as other purposes. Mr. Avery then moved ~hat the Mayor appoint a committee consist- ing of the City Manager, W. J. Snow, Sr., and R. J. Holland-to study the matter of the city vehicles and bring to the Council a recommen- dation as to how they can be best controlled. The motion was seconded by Mr. Woodard and carried unanimously. Mayor Dietz then.appointed the committee with City. Manager Smitzes as Chairman and W. J. Snow, Sr. and R. Jo Holland'. 6.i. Mrs. Stuart Lankton of the Conservation Committee of the Sea- grape Garden Club presented a proposed emergency Ordinance concerning the control of use of toxic' inseG~!cides, and also read a letter from Dr. M. Steel, Administrator of the Bethesda Memorial ~ospital to Mayor Dietz concerning this subject. -4' 2'26-62 February 26, 1962 Mrs. Virginia Meyers made ~he following statement in'su~p0rt of said proposed ordinance. "I'think.it willbe of interest to the bets of the COuncil to know that the decis'ion to submit this came after almost two'yea~s of intensivestUdy ~nd research do~e' ~ 'an 'objective and scientific manner. I have seen thefiles"and noted.~b~t all cases were authenticated and that only reliable and autho~at~ cases were used. If Mms. Lankton and her committeehad done the~"' work in a University they would, I am sure, receive thel~ Doctor~ Degree." Mm. Joseph Alvanez, ~hief Sanita~ian o£ Palm Beach County merited at length on the use and control, of insecticides, and the State regulations concerning same. Mr. William T. Murray, President Of the Palm Beach County Association of Lawn Spraymen, commented at length on the subject ~nd also offered the services of their organizationconoe'm~i~g same the proposed ordinance. An existing ordinance of the City of Daytona Beach concerD~ng this subject was presented to the Council for their consideratZon::and was recommended as being a very effective ordinance. Points specifically stressed in the comments and discuss~on were: wind velocity at time of spraying; type of spray-Jet and press~me u~ed by spraymen; area of notification of property adjoining that WhiCh to be sprayed; time designated on spray-permits; detaits su~i~g death caused bY use o£ these chemicals; sale to and use of chemicals by individuals not educated to their use; policin~ ~nd en- forcing a highly restrictive ordinance; effect on Delmay Beach as~ Bird Sanctuary. and the length of time that is a danger period spraying. Mr. Avery then moved that a committee .be appointed with Lankton asJOhairman, Margaret W. Bowen, William T...Murray; Clarence Wolf and Dick Murphy to Study the proposed ordinance, the Daytona Beach 0rdinanhe and anyother ordinanc'es, and'come back to'the ~oun~il wZth recommendations,for an emergency ordinance to be passed~at~he next meeting. LThe motion was seconded by Mr. Talbot and ca~rie~ unani- mous my. 6.j. Regarding appointment of a committee concerning general needs of a Recreation Center for the.west sector, Mayor Dletz stated that he was very pleased'about this; that he had some very definite ideas concerning this and gave them to the Council who had agreed to go along with himJ The Mayor further stated that he felt such a.~ecrea- tional building should suit the needs of that community, rather than building and then planning the recreational needs around the building, also that he would like to appoint said committee to work with the Naciremas ClUb and they would bring their suggestions to the Council of what they want as a recreational building. It was'moved ~by Mm. Woodard, seconded by Mm. Talbot and unani- mouslycarnied that the Mayor be permitted to appoint said committee. Mayo~ Dletz then appointed Simon C.. Barnes, Chm., Anthony H. Holliday, }~s. Clayton L. Coleman, Mrs. Joseph A. Baldwin and Rev. N. A'~ Jenkins as said committee to work with the Naciremam Club on this project. 6.k. Mayor Dietz stated that he felt very strongly about finding e wayt~ ~t' the.contra~bors, regarding the. Sanitsmy Sewer P~oJect, on notice for a Six months moratorium of their contracts. The Mayor Further stated', that therehad been a meeting with the contractors and engineers c.oncerning this and the contractors agreed at that'tim~ that they were..Willing to accept that moratorium; that howev.e~ Being the engine~!~me~ting'and't0day being.the first time that the Council had discussed .i't, further thathe Was going tO work with the CitY Attorney, the Engtnee~., and the City Manager and draw up an agreement that the ContractOrs ~uld sign, staying their contracts, and if ~hts 'eg~eemes~ is made ~rior'-t0 the ~ulinE of the Supreme Court, then the City,s liability would be only that which had accrued up to this p~ticular' time. ]~r.' Avery then moved that'the Mayor be instructed, with the City A~$.Is~aey an~ any other personnel that may be-required, to ~ up an agreement with. the contractors, which after being signed.by a majority ~ft~ne Council he be authorized t~ sign and execute. Mr, Woodard sec- ~'ed the moti'on with the stipulation that it be perfectly clear that these agreements are not in any way to indicate that the contracts are -5- 2-26-62 February 26, 1962 way not in any/to indicate that the contracts a~e heinE__cancelle8 but that the Council is suspendi~ng 'action for a~.period ~of six~ months. Mr. ~Wa~ren took exception to ~is proposed 'action and pointed out that this six. months moratorium of the contracts would be costly to the city., and that these co~tractors, With the city method of bid- ding, could not' withdraw any of their bids and apply them to another bid unless it went out on bid to all contractors. Upon call of roll, Mr. Avery, Mayor Dietz, Mr. Talbot and Mr. Woodard voted in favor of the motion, Mr. Warren being opposed. 6.1. Regarding the proposed street lighting program for the entire city, City Engineer Fleming displayed a map marked to show where the present lights exist and where lights would be installed to provide lighting 'for every street where an inhabited building existed, and further e~plained the ty~e of lights to be installed, their location and approximate~cost to'the city, for different areas of the city. Mr. Woodard then moved to adopt the lighting program as present- ed tonight and commended' the Mayor on his action in bringing this pro- gram to realization, and further moved that $4,000,O0 be trans£erred from the Unappropriated Surplus to the. Contingency l~ 'to ~ver the expenses involved for this fiscal year. The motion was seconded by Mr. TalbOt and carried unanimously. (Copy of lighting report ia attached to and made a part of these minutes.) See Page 50C and 50D 6.m. Regarding an agreement with the Coca-Cola Bottling Company to provide an electric scoreboard sign for the Community Center Gym, the City Manager informed the Council that in order to secure this facility the city is required to enter into a contract with the Coca-Cola Company wherein installation is made by the city. Liability insurance would be carried by the 'city on the facility, m~intenance to be done by the city with ownership to revert to the city after a five year depreciation period and ~hat one stipulation the company requires is ~that the board carry the name "Coca-Cola'' in a space 16" x ~4" across its face during its usage. Mr. Avery moved that the City Manager be authorized to execute an agreement with ~he ~CoCa-Cola Company to provide this board, pro- riding' the agreement States'that the sign board can be draped w4en not in use and that the city provide the?raPes .at $~le;$im~ of in stallation. 'The motion was seconded bY Mr. Wo~dard a~drUpOn call of roll, Mr.. Avery, Mayor Di'etz, ~,i~. Talbot.and Mr, ~oodard voted in favo~ of the motion, Mr. warren being opposed. 6.n. Regarding the final design for the' North-Boutli Aile~ N. E. ~th and 5th ~t~eets' and .N~ E. 6th a~d 7th Avenues,~~, l~he .OSty Manager informed the Council that this alley has followed proper pro- cedure throughout in developing its improvements in accordance with all applicable ordinances' ~f~th~ city a~d iS. now Under construction. The final present design ~of t'he alley ca~ls for ingress ~ egress at the north' entrance..of the 'alley to be from the~west. ~Th~is.~desi~ was predicated on Council action taken ~une 13, 1960, wherein the matter to open N. E. 5th Street from 5th to 7th Avenues was tabled until such time as abutting property owners make a petition to open same~, ~ We have recently received a request to make ~t~e intersection of ~his alley with N. E. 5th Street a full type intersection, which ~iil per- mit ingress 'and egress from north end of a~ley to both east and west along~ N. E~ 5th Street. To accommodate thi~ ~eq~est wOuld~ requir~ Ceun¢,il action modifying the June 13, l~60'~'aC~0n previ~uS!y taken. Mr~ Talbot moved that the City Ma~a,ger ~.ins~ructed to proceed with correctir~g this situation~w!th city ~q~n~ ~nd.~labor, cost not to exceed $500.00, ~opening Said alley '~t~th~'~he'"Eas~t and we~st. The motion was seconded by Mr¥' Avery and Upon '~alI-~i6f ~01~,I Mr~ Ayery, Mayor Dietz, Mr~ Talbot and Mr. Woodard 'voted in favor ~6f ~the motion and Mr. ~a~ren,was opposed. 8.a. Action on Resolution No. 1387 was deferred at t~ last regular meeting at the request of Attorney Bill Williams who'~s now informed. the Counoit that .he has no objections to ~he adopti~ of -said Resolu Sion. City Clerk then read RF~OLUTION NO~ 1387. 2~,26-.62 February 26, 1962 ~ RESOLUTION NO. 1387. A RESOLUTION 0~ TEE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING, ABANDONING, AND DISCLAIMING ANY INTEREST TO THAT CERTAIN ROAD EASEMENT ALONO THE SOUTH 25. FEET OF THE SOUTH HALF OF LOT ..7 OF THE 8UBI!IVIS~gN OF SEC- TION l?, TOW~S~P ~46 S0~H,~ ~N~E ~3 ~ST, CORDING, TO P~AT~_~ THEREOF RECORD:D~ ' IN pUT. BOOK 1, PAGE %', PUBLI~ RECORDS OF P~L~ BEACH UOUNTY, FLORIDA. IFHEREAS, Petitioner, Charles B. Marqueee, Presl.d~n~ of Carver Park Homes, Inc. has made application to said Council to vacate the hereinafter described road easement, and WHEREAS, the City by a prior Coca%oil approved the final p~a$ 9~ . Carver Pa~k, and thereby determined a prope~~ and~sufficient road of-way exclusive of this road easement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI~ OF DELRAY BEACH, FLORIDA: That pursuant to Section Seven (7), Paragraph Tb-~ee (3) of the Cha~ter for the City of Delray Beach, Florida, we hereby Vacate, Abandon, and Disclaim any interest to the following: That certain road easement along the South 25 feet of the South half of Lot ? of the subdivision of Sec. tigon l?, Township ~6 Soul,h, R~nge ~3 East, according to Plat thereof' corded in.Plat Book l, Page 4, Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in Regula~ Session this the 26th day of February, 1962. Resolution No. 1387 was unanimously, adopted on motion by ~r. Avery and seconded by ~. Woodard. 8.b. There being no objections to Resolution No. 1385 which ordered the Improvement of pa~t of S. W. 9th Court, City Clerk'Worthin~ read RESOLUTION No. 1388. A RESOLUTION OP TNE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE OPENING, GRADING AND PAVING OF THAT PART OF SOUTHWEST NINTH COURT LYING BETWEEN SOUTHWEST SIXTH AND EIGHTH AVENUES. ~ WHEREAS, the City Council of the City of Del~ay Beach, Florida, did on the lZth day of February, 1962, by Resolution No, 138~, de- termine to proceed with the opening, grmding and paving of that pa~t of Southwest Ninth Court lying between Southwest Sixth and Eighth Avenues to a width of twenty four (24) feet. WHEREAS, the Resolution providing therefor has been duly pub- lished as required~ by the City Charter, together with a notice that objections to said improvement would be heard, and WHEREAS, 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 in- structed to proceed with the opening, grading and paving of that part of Southwest Ninth Court lying between Southwest Sixth and Eighth Avenues to a width of twenty four (24) 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. PASSED IN REGULAR SESSION on the ,~6~h day of~ February, 1962~ -7- 2-26-62 Resolution No. 1388. W~s ,un.ani~aously adopted on motion by Wo'~rd and seconded'by~/I~. Talb0t.~ 8.c. Ci't~ %~orthing.r~ad '.ORDiN~NCE N0; G-~?~ AN O~I~E~ THE 10 .~~ C 0 m~O I L 0~ ~H~ C ~ 0P DE~Y~CE,~ P~RIDA, ~P~LING A~ SECTIONS .0F 'C~PT~R ~ 0P ~ CODE ~0F 0~INANCES, C0~ONLY. I~0~ AS T~RAFPIC ORDINANCE, ~ICH ~ NOT RE ~D BY' 0RD~ANCE N0. G-~08 0P THIS CI~ ~ICH A~PTED, BY R~NGE, ~ PROVISIONS OF ~E FLORIDA NODEL TRAGIC ORDINANOE.' ~S, the City Council of Deltay Beach, Florida~ enacted 0rdinanoe N~. G-~08 on the ~th day of Au~st, 1961, adoptl~, b~ Per,Pence, all of the DPovisions of the Fl~ida Model .Traf{ic 0Pdi- hence except those which by their wording could have no app~ication, and ~EAS, the City Council deems i~ necessary for %he public wel- fare and s~ety of the citizens of this City to repeal the remainin~ sections of'Chapter 25 of ~he said Code of 0rdina~ es which were ~o~ repealed by the aforesaid Ordinance No. G-~08; NOW ~0~, BE IT ORDAI~D BY ~ CI~ C0~CIL 0P T~ CITY DE~AY B~CH, FLORIDA, AS P0~0~: Ail of those sections of Chapter 25 of the Code of Ordinances the City of De~ay Beach, Florida, which.were not repealed by Ordi, nance No. G-~08 of ~his City enacted Augus~ ~, 1962, be and the are hereby repealed. ORDINANCE PASSED In reeler session, sec~d and final reading on this ~he 26~h day of Febru~y, 1962, to be effective ~hir~y days from said da~e. ~ere being no objections to Ordinance No." ~-~27, said ordinance was unanimoUsly adopted on second ~d final reading on mo~ion b~ ~. Ave~ and seconded by ~. ~oodard. 8.d. City Cler~ Wor~hing read ORDINANCE NO. AN 0~INANCE OF .~HE CI~ OF DE~Y B~CH, FLORIDA, A~NDING SECTION 9-1 AND ~P~LING SECTION 9-~ OP C~PTER 9 OF ~E CODE 0P ORDI- NANCES OF THIS CITY, CO~IONLY ~O~S THE BUI~ING 00DE.. BEAIT ORDAINED BY ~E CI~ CO~CIL OF THE-CI~ '0P DE~AY B~CH, FLORIDA ~ ~ ' SEOTION 1. That Section 9-1 of Chapter 9 of the Code of nances of ~he City of De~ay Beach (Ordinance NO. G-301), be ~ended ~o read 'as f011OWsl "~e 1960a1961 ReViSion of the ~ou%h~n Standard Building Code be and the~ s~e Is hereby adopted ~ the B~llding Code for-~he City.'~ SEC~O~ 2~ ~ SectiOn 9'-~ of Chapter 9 .of ~he Code of Ordi- nances of the Ui~y of Delray Beac~ (a pro,ion of Ordinance No. ~-99), be and the s~e i~ hereby '~epealed. PAS~ ~D ADOPT~ ~his ~he 26th day of FebrUary, A.D. 1962. There being no objections to Ordinance' N~. G-~28, said Ordinance Was un~imou~l~.ado~ed °n Second anti,final reading ~n mo~ion by Wood~' ~d sec0nde~ bY ~, TaiSot~~ 2-26-62 February 26, 1962 8.e. City Clerk worthing read RESOLUTION ~O, -1389. A RESOLUTION OF THE 0ITY COUNCIL OF'THE CItY OF DELRAY'BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANOES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY: SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCO~LISH SUCH ABATE- ~NT AND LEVYING THE COST OF SUCH ABATE~IENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO-BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy cf Resolution No. 1389 and assessments are attached to and made a part of the official copy of these minutes.) See Page 50~~'and 50~~ Resolution No. 1389 was unanimously adopted on motion by Mr. Woodard and seconded by Mr. Talbot. 8.f. The City Clerk read ORDINANCE NO. G~431. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, CODE OF ORDINANCES OF SAID CITY. BY ADDING' A SECTION PERTAINING TO IDENTIFICATION OF ALL TRUCKS OR MOTOR DRIVEN VEHICLES, OPERATED OR USED IN CONNECTION WITH A.NY-BUSINESS, OCCUPATION OR PROFESSION IN THE CITY; AND PROVIDING A PEN- ALTY FOR THE VIOLATION THEREOF. Ordinance No. G-~31 was unanimously placed on first reading on motion by ~. Talbot and seconded by Mr. Woodard. 8.g. City Clerk Worthing read ORDINANCE NO. G-432. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DE~RAY BEACH, FLORIDA, AP~.NDING SUBSECTION (bi-,, SECTION 23A~2, CHAPTER 23, CODE OF 'ORDINANCES.OF SAID CITY PERTAINING.TO THE APPROVAL OF THE BUIlD- ING INSPECTOR FOR STREET NAMES FOR PROPOSED SUB- DIVISIONS. On motion by Mr. Warren and seconded by Mr, Avery, Ordinance No. G-432 was unanimous~ly placed, on first reading. 8..h. The City Clerk read RESOLUTION NO. 1390. A RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO EXTENSION OF WATER.~$ERVICE OUTSIDE CITY LIMITS, AND REPEALING ALL PRIOR RESOLUTIONS PERTAINING THERETO. (Copy of Resolution No. 1390~ and attached agreeme~ is attached to and made apart of the official copy of ~hese ~minutes.) See Page 50G ~OH and 50I On motion by Mr. Talbot and seconded by Mr. Warren, Resolution No. 1390 was unanimously passed. 8.i. The City Clerk read 0RDIN~NCE NO. AN ORDINANCE 0~ THE CITY COUNCIL OF ~HE CITY 0F DELRAY BEACH, FLORIDA~ ANNEXING ~0 THE CITY OF DELP~AY BEACH CERTAIN LANDS LOCATED IN SECTION 9, TOWNSHIP ~6 SOU~H, R~NGE ~3 E~ST, WHICH ~ND8 ARE CONTIGUOUS TO EXISTIi~G MUNICIPAL LIMITS OF SAID CITY: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS: PROVIDING FOR THE AND OBLIGATIONS, OF SAID LANDS: ~ND JPROVIDING THE ZONING OF A ~ORTION OF SAID (Dr. Ra.?bo~n,s property) Ordinance No. G-~29 ~ unani~mously placed o~ first reading on motion by Mr~ Wood,rd J~d ~eonded .by Mr. Talbot. -9- 2-26-62 FebruarY 26, 1962 X. City Manager Sm/tzes presented a le'tter from Municipal Judge Ad-Litem Charles Byron dated February 26~h regarding a sentence im- posed by him on William Riehardson on January 22nd. It was moved by Mr. Avery that the City Manager, Police Chief end Judge Ad-Lltem be authorized to alter the'sentence imposed on William Richardson, along 'the lines of Judge Byron, s letter of February 26th. The motion was seconded by Mr, Woods_rd and unanimously carried. X. Mr. Warren brought to Council attention a strip of private property lying between S~ E. 5th and 6th Avenues and South of 7th Street.where ~the type of vegetation grows very rapidly end which is at the stage of being considered a nuisance at this time, end question- ed whether or not this property .could be mowed with city equipment at this time rather than going through the Usual procedure of the nui- sance violation abatement, in order that this property may not.be too unsightly during the height of the tourist season. Following discussion, Mr. Talbot moved that the City Manager be instructed to obtain permission from the owners of ~aid property re- lieving the City of all responsibilit2, with the under'standing that the city will keep it raowed temporarily for the time being, the motion being seconded by Mr. Warren. There was further discussion concerning a precedent being set~ by the Council if this action was' taken, and the liability of tmespassing on private property, .after which the motion and second were withdrawn. It was then suggested by Mr. Woodard that the City Manager. ~n- vestigate the situation and make a report at the next meeting, which procedure was requested by 'the Mayor. X. City Manager Smitzes presented a bill from City Attorngy Adams for prosecuting a case in Municipal Court, in the amount Said bill was unanimously ordered paid on motion by Mr. Avery and seconded by Mr. Woodard. t~O.a. City Manager presented bills for approval as follows: General Fund $ 111,349.88 Water ~und - Operating Fund 41,475.2~ Special Assessment Fund 316.17 Refundable Deposits Fund 1,246 14 Beach Disaster Fund 1,064 It ~as moved by Mr. Avery a~d seconded by Mr. Warren that the bills be paid. Upon call of roll, Mr. Avery, Mayor Dietz, Mr~ Talbot and Mr. Warren voted in favor of the motion and Mr. Woodard abstained from voting. The meeting adjourned at 10:45 P.M. ROBERT D~ WORTHING .City. Clerk APPROVED: 'MAYOR -10- 2-26 -62 PROPERTIES IN VIOLATION OF ORDINANCE G-l~7 AND SECTION 15-4 OF THE CITY CODE CITY O~ER .ADDRES~ LOT~, BLOC~ & .S/~., CODE Edward B, Breen 282 Vennum Avenue 'Lot 216, ....... Mansfield, Ohio Tropic Isle Anna M. Breen 282 Vennum'Avenue Lot 215, 4 Mansfield, Ohio Tropic Isle Emile H. & Teresa 16 Broadmoor Road Lot 223, 4 Talmon Scarsdale, N.Y. Tropic Isle L.R. & Mary Frances 1725 N.'E. 28th Dr'. Lot 224, 4 Edwards Ft. L~uderdale, Fla, Tropic Isle Joseph Glazer 10 N.E. 103rd St. Lots 231 thru 235, Miami Shores, Fla. Tropic Isle ~illiamson Crane & 1420 N.E. 163rd S~. Lots 236 thru 239, 4 Dozer Corporation No. Miami 'Beach, Fla. Tropic Isle Hazel N. Eldridge 2853 N.E. 22nd St'. Lot 242, 4 Ft. Lauderdale, Fla. Tropic Isle- Marlnus C. & Clara 1031 Carpentier Ave. Lo% P/~,' ~ 4 Roskam N.W., _ Trbpic Isle C~rand Rapids, ~ich. Edgar A. & Mary 301 S.W. 63rd Ave. Lot 2/45, Seibert Ft. Lauderdale, Fla. Tropic Isle Jere ~.~Powell Avondale, Pa. Lots 246,P347 & 248, 4 Tropic Isle North Tropic Isle, 3405 S. Federal Hwy. Lot 253 leas a triangu- Inc. Delray Beach, Fla. lar strip & Lots 249, ~5o, 251, 2~2) 255 & 336, Tropic Isle Anne B. Grimdltch Lake Ariel, R.D. #1, Lots 316,317,318 & Wayne County, Pa. 331, Tropic Isle Murray & Blanche 250 M. 57th Street Lot 332. 4 Silver & New York, N.Y. Tropic Herbert & Barbara Berg~r Gertrude M. Prinn 12347 Seaspray Ave. Lot 333, 4 Delray Beach, Fla. Tropic Isle E.~'. & Ethel Johnson Waseca, Minn. Lots 228 & 334, 4 Tropic 2sle Emiling Alpon 201 Boston Blvd. Lots 8 & 9, Blk. 11, 4 Sea Girt, N.J. Osceola Park Oscar B. Sabin Box 93 Lots 15 & 16, Blk. 11,-4 Tavernier, Fla. Osceola Park Armand J. & Elida R. 416 Broad St. E 161' of W 166' of 4 Della-Volpe Lake~arles, La. Lot 11, Blk. 1, Osceola Park Leonard L. & Mina E. 258 S.E. 6th Ave. N 75' of Lot 12 less 4 &Doris Surles Delray Beach, Fla. W 5' R/W, Blk. 1, Osceota Park John H. & Jane G. East RiVer Road, Lots 3,~,5, Blk. 12, Winkler Grand Island, N.Y.' Osoeola Mrs. Emma Woo~, c/o MrS. James Ei~win Lo~s 6 & 7, Blk. lZ,-4 Estate 213 0keecho~ee.Road 0sc~ola Park West Palm Beach, Fla. CITY OW~Fa ~p~ss iLOT,,, BLOCK, & S/DOOD~ R. D. & E. Schell 2900 E. Sunrise Blvd. Lots 12 th~u 19, 4 & A.G. Baerenkla~, .Ft. Lauderdale, Fla. Blk. 12, Osceol~ Trustee Park Alma K. Woeh.le 206 N.E. 9th St. Lot 14, Blk 12, 4 Delray Beach, Fla. Dell Park North Tropic Isle, Room 420, Lan~ Bldg. Lots 70,78,92, 4 Inc. 370 S.E. 2ndS~. Tropic Palms Ft. Lauderdal~, Fla. Mellon Land Corp. 3405 S. Fed. Hwy. Lots 71 thru 74 & h Delray Beach, Fla. 96, TroPic Palms Jane K. Rosenbach 1~56 S.E. 9th Street Lot 75, Tropic Palms 4 D~erfield Beach, Fla. Lars & Margith 279 S.E. 1st Ave., Lot 76, Tropic Palms 4 Husebo Pompano Beach, 'Fla. William J. Kaye 14525 Orawford Ave. Lots 79,81,83, 4 Midlothian, Ill. Tropic Palms William J. Kaye 14525 Crawford Ave. Lots 80,84,85, ~ Midlothian, Ill. Tropic Palms Leslie Beamish 47 Garrison Rd. Lots 86,87,88,89, 4 Battle Creek, Mich. 90, Tropic Palms John E. Ashley 5314 N. Dixie Lots 91, Tropic Palms 4 West Palm Beach, Fla. Edward B. & Anna M. 282 Venn~m Avenue Lot 94, Tropic Palms 4 Breen Mansfield, Ohio Robert &,Shirley 1513 S.w. 5th Court Lot 95, Tropic Palms 4 Schroeter Ft. Lauderdale, Fla. John W. McElwain 365 Broadway Lot 14, Delray Beac~ 4 Amityville, L.I., N.Y. Esplanade R. To & Miriam H. 1221 N.W. 3rd Ave. Lot 5, Anderson Blk. 4 Hanna Delray Beach, Fla. James ~. Doherty & 177 N.E. 2nd Avenue Lots 1 thru 13, 4 Jmmes Sinks Delray Beach, Fla. Sinks Plat, Sec. 21-46-43 Lee Realty Co. 1042 Hillcrest Blvd. Lots 13 & 14, Blk. 58 -4 West Palm Beach, Fla. Mary Elizabeth P.O. Box 701 E~ of S 200'. 4 Smith Delray Beach, Fla. Block 66 Ac A. Simon P.O. Box 35 Lot 20, Blk. 79 4 Delray Beach, Fla. Frederick S. Neafle Box 2201 Lots 21,22 · 23 4 Delray Beach, Fla. Blk. 79 Joseph R.' & ' · · 1296, RFD #~. Lot 3, Block A ~ Lillian P. Garrison Lake ~orth, Fla. High Acres, 3rd Addn.~ Rose Giordano 42 S.E~ 7t'h-Avenue Lots 19 & 20 Le'ss E 4 Delray Beach, Fiat' .%', Block 110 Helen E. Hoehn 301N. Crestway, . Lot 4, Block H, ~ · Wichita 8,~ Kansas Reid's Village ~ub:mitted t'o th~ CiSy CounCil by the Ci-ty Manage~ 'thi~ 26th day'Sf'FebrUary, 1962. lo~at:~on:' =r:t~ese li~l.'.~d t~. ~o~o~ indicate In ad~tton"go..t,he ex~ti~ il~. ~ have plaoed ~d$cate~ l~'.w~cU.'~d:bl' ~q~i~ed .t~ug~ut the cft~' to light :~1 s~eg~ In ~e'sldent!-~ a~',whioh ~ve ~bl~ed ba~d~. 'W~te.pi~ .haVe,.~l$ ~en. plaoed to tndioate ll~tl whl~ ~e '~d ~d.~ve '~:~ea~ been' orde~d f~ t~~ ~o~ The~ will ~doub~e~.y be a~ adJ~t,~n~. ~qul~d aCag~d~e: w/gh 'C~ deo~e, of the P~7 hold~. In - '~80' . ~d .. .. ~,~, ~ha~ ~' s t ~t en,~' of this ~ediat city eat~ate:d 1389 A RESOL~TION OP THE CITY COUNCIL OP T~E CITY OF DELRAY O~ ACT~L C~ ~~ BY SA~ CX~ TO ACCO~LI~H ~8, ~e Cit~ Co. oil Of the Cl~ ~ ~l~a~ Beach, d~d, i3th of November, 1961. declare t~ exieSe~e of a nui- mitred to abm, f~ vAolati~ of ~ p~oviolo~ of O~dinance ~, p~au~t to such decl~atl~, ~e Ci~Cle~k of.said City did f~nish each ~ ~e ~eOpeCtive ~e~8 of the land8 described ~ saXd list wX~ a not~oe ~e ~t~e of ~e nuis~oe ~d ~eso~b~n~ t~t ~e2 mot abets said nuis~oe wl~ ~ (30) d~s, failing tn which the City Oo~oil would have it done,~d the cost thereof would be levied as an amseosMn~ a~a~ said p~oper~ ~ ~S, ~e ~s herei~ter n~ed did fail ~ neglect to abate the ~iaa~e e~atl~ upon the~ reapeetiv~ l~a w~in the time prescribed in said notice ~d O~dl~e G-~7, ~d ~e Ci~of De~ay Beach was ~equi~ed to and did ente~ upon the folle~ l~ds ~d inc~ costa in abating ~e ~ls~ce existing ~e~eon as described in't~ ~o~esaid list$ ~d WHEREAS, the City Manager of the City of Delta2 Beach, has, pur'- suant to said Ordinance G-I~? and the City Cha~ter submitted to the City Council a report of the costs incurred in abating the nuisance as aforesaid, said report indicating the costs per parcel of land involved, NOW, THEREFORE, ~E IT RESOLVED ~Y THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1, That assessments in the individual amounts as shown by the report of the City Han~er of the City of Delray Beach, involving the City,s cost of abating the af~eaaid nuisances upon the lots or par- cels of land described in said report, a copy of which ia' attached hereto and made a pa~t hereof, a~e levied against the parcels of land described on said report a~d in the amounts indicated'thereon. Said assessments so levied ~ha~l be a lien upon the respective ', lots and paroeiS 6f l~deacribed in said re~o~$, Qf the same n~ture'and to the same exYen~ ~'~he lienfor, ge~e~ai citF taxes and mnall be collectible in the aa~e manner and with t~e 'same penalties and under the same provisions as to sale and foreclosures as city taxes a~e collectible. ~ 2. That the City Clerk of said City shall, as soon as possible after the effective date, record a certified copy of this resolution in the office of the O~e~k of the Circuit Cou~t in and for Palm Beach County, Florida., and shall furnish to each of the owners' named in and upon said report a no,ice that the Cl.ty Council. of t~e 0it~ of Delray Beach, did~ on the 2~th of July, 1961, and 13th of ovemb~r, 19~1, Order the abatement. of ~ certain ~uiaa~...e~cts~..o4.. the.ir deSCribed property and pro~erty owne~having failed to abate 'such nuisance, within the 30 d~y. period~ w~reupon it was abated by the City at costs shown in said report and such assessments shall be legal, valid and binding obligations upon the property against which said assessments a~e levied. This resolution shall become effective 30 days from the date of adoption, and the assessments contained herein shall become due and payable thirty days after the mailing date of the notice of said assessment,, afte~ which interest shall accrue at the rate of 6% per annum on any.un, eld pS~on thereof. PA~ED A~D ADOPTED in ~seso'lon on the ..265h . day of --. Februax~y .~ _~ _ . .... ~_,~ . .-~ /s/ Walte~ Dietz /s/ R. D. Worthing COS~ 0F ABATING N~NO$SLUND.~' 0P~X~NOE N0. G-147. PROPERTY DESCRIPTX~N.... . J. .. _OWNER_ ~ASSESSMENT July 24, 196! list Lots 1,2,3,h,6,7,8,9 & 10, Leonard w. & Isabelle C. $150.00 Block 1; Jansen Lots 1,2,3,4,5,6,7,8,10,11,12 & 14, Block 2; Lots. i,-2,11,12,13 & 1~, Block 3; Lots 1,5 & 6, Block ~, Palm. State Heights Lots 3,~,~,6,7 ~ 8, Block 3; Hillcrest Homes, Inc. 15.00 LOtS 2 & 4, Block ~,.- ' Pa~'State'H~ts ~ November 1~, 1961 list Vacant part of Lots i thru 8, Sherman D. Clough 2~.81 W of RR, Block 90 Lots 9 & 10, W of RR, E.J. & Annette M. Turk 10.15 Block 90 Lots lI & 12, W of RR, Mrs, ~illard M. Waters 10.1~ Block 90 Lot 13 & S25' of Lot 12, Richard Z. Simon 8.34 Block 79 Lot 14, Block 79 George William Archer 5.58 Lots 15 & 1~, Block 79 Mrs. George M. Lapham 10.15 Lot ~ less ,,~ 17,5' Bonnicrest Brockway, Weber & Brockway, %.58 2nd Addition Engr, Inc. Lots 9,10,15,16,19,20,21,22, J.M. & Grace W. Portman 15~89 23 & 24, Bonnicrest 3rd Addn. Lots 11 & 12, Bonnicrest 3rd Garrett J. & Irene E. Mulva 10.15 Addn~ Lot t, A. J. Johnson S/D James & Sarah Roundtree 5.58 Lot 2, A. J. Johnson $/D Geneva Nelson 5.58 Lot 3, A~ J. Johnson S/D Leonard Robinson 5.58 Lot 4, A. J. J6hnson $/D 0. D. Priest, Jr. 5.58 Lot 5, A. J. Johnson S/D Willie Joe & Christine Bryant 5.58 Lot 8, A. J. Johnson S/D Elizabeth Johnson 5.58 Lot 9, A. J. Johnson S/D 0tuttis & Hattie Mae Pitts 5.58 Lot 12, A. J. Johnson S/D Laura Mashington Stephens 5.58 Lot 13, Blk. 4, Totterdaie Paul ~'~. & Mary Speicher 5.58 Addition N~ of~Lot 2, all of Lot 3, Richard T.~ & Miriam H. Hanna 10.15 Blk. ~, Ida Lake Terrace RESOLUTION NO. 1390. A RESOLUTION 01~ THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO EXTENSION OF WATER SERVICE OUTSIDE CITY LIMITS, AND REPEALING ALL PRIOR RESOLUTIONS PERTAINING THERETO. WHEREAS, the City of Delray Beach has received appli- cations for extension of its water service to properties and persons located outside the corporate limits of said City; and WHEREAS, the City is authorized to sell and dispose of water to such persons and properties only from its surplus supplies as the same may be available from time to time; and WHEREAS, by normal growth and expansion, it would appear any water surpluses now existing may likely be exhausted within the near future by the requirements of inhabitants and ProPerties now within the corporate limits of said Oity, as such properties are developed; however, in order to avoid hard- ships, the City is willing, on certain conditions, to furnish water service outside its corporate limits to properties which appear suitable for annexation so long as any surplus exists; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 0F DELRAY BEACH, FLORIDA: Section 1. That no new applications for water service to persons OP ~roperties located outside the City boundaries of Delray Beach, Florida shall be accepted except (1) there is surplus water ~vallable at the time and place of any application, (2) it appears such property is suitable for annexation and that it would likely be possible to annex such property within a rea- sonable time after such application, tt is the intent and pur- pose of this section to establish as the policy of the City of Delray Beach to provide and assure water service for the inhabit- ants and citizens of the City of Delray Beach, and that applicants should be so situated that they may similarly become citizens. Section 2. That provided the applicant meets the fore- going qualifications, and so long as such surplus may continue, the City Manager is hereby authorized to receive applications for extension of water service outside the city limits of Delray Beach, and to enter into agreements with such applicants to furnish water service, upon the following te~ms and conditions: (a) Prior to the extension of any water service, the applicant shall be required to execute an agreement with the City which shall contain a request for annex- ation if or when such property is contiguous to the corporate limits, and which shall also provide for termination of water service under certain conditions. A copy of said proposed agreement is attached hereto, and made a part hereof. · (b) Service connectio~eharges'.and water rates ~hall be 25% greater than corresponding charges within the City as now provided by ordinance or other regula- tions now applicable or as may be changed from time to time. (c) The applicant shall secure and Provide ease- ments and rights-of-way to such property. (d) 'The extension will be made to specifications of City of Delray Beach, and the entire cost of the ex- tension will be borne by the applicant requesting such service. Upon installation and acceptance by the City, title to such mains will be veSte~ in the City, and the City will thereafter maintain the same. Section 3. The City Manager shall .present a full and comprehensive report concerning any such application, together with his recommendation, to the City Council £or decision. Section 4. This Resolutiom'shaIl'~ot be construed as affecting any contract heretofore made by the City of Delray Beach'for furnishing water service. Section 5. This Resolution represents the current policy of the City of DelrayBeach relating to the extension of water service outside the City limits, and all prior Reso- lutions pertaining to the same subject, be and the same are hereby repealed. PASSED AND SDOPTED in regular session this ~he 26th day of February, 1962. /s/ Welter D~etz '~'A ¥ 0 R ATTEST: /s/ R. D; We~thing~ A Em NT WAT SErViCE This agreement, made on this _ .. day of .......... ,19 , by and between hereinafter called ~he CUST~R, '~hd'~'the OI'TY OF DELRiY ~EA~H, a mu- nicipal corporation of~ the.State of Florida, hereinafter called the CITY WITNESSETH, that the CUSTOMER, his heirs and assigns, for and in consideration of the privilege of receivingwater service from the Municipal Water System agrees to the following: 1. The CUSTOMER agrees to pay all coats of materials, labor, in- stallation, and inspection for the total length of extension necessary, in the opinion of the Director of Public Works, to provide service to the CUSTOMER'S premises. The CUSTOMER shall be responsible for the installation and conformance with all applicable Codes, rules, and regulatlons~of all service lines, etc., upon the CU~TOMER,S premises. The above charge to be made prior to any main extensions or service by the CIT~. 2. Any main extension made under this agreement shall be used only by the CUSTO~R, unless permission is granted by the City Council of Delray Beach for other party, or parties to so connect. The exist- ence of any main extension under this agreement shall not be used in support of requests for additional services branching off from it. 3. Title to all mains, extensions and other facilities extending from the city water distribution system to and including the meter to service the CUSTOMER shall be vested to the CITY exclusively. 4. The CUSTOMER agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the city limits applicable under city Ordinances and rate schedules which are now applicable or as may be changed from time to time. 5. Any rights-of-way or easements necessary shall be provided by the CUSTOMER. 6. It is understood by the CUSTOMER, and shall be binding upon the CUSTOMER, his heirs and assigns, that all water furnished, sup- plied, and sold under this agreement is made available from a surplus determined to exist at the location fo~ which application has been made~ and in the opinion of mthe City'Counoil of for the best interests of said CITY to furnish said water. 7. The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this Agreement is considered a Petition for annexation effective at such time when the premises to be serviced are contiguous to the corporate limits of the CITY. If, in the opinion of the City Council of said CITY, it shall be- come necessary for the safety and general welfare of the City of Delray Beach or its inhabitants to discontinue surplus water to the CUSTOMER'S property, so long as it shall remain outside the city lim- its of said CITY, then and in that event the CITY shall be and is hereby authorized, to discontinue water service to the CUSTOMER upon ninety days' notice given by the 0ITY. IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first above written. WITNESS: - As to Customer. ~Ust°mer ATTEST: CITY OP DELRAY BEACH ..... ,,,,,,, , , ~ .... : .... City Clerk Mayor Porto approved by City Attorney- - - -