11-26-62 8O7
NOVEMBER 26, 1962.
A regular meeting of the City Council of Delray Beach was held
in the Council Chambers at 8:00 P.M., with Mayor Wa.lter Dietz in the
Chair, City Manager Robert~ J. Holland, City Attorney John Ross Adams,
and Councilmen A1 C. Avery, George Talbot, Jr., George v. warren and
Oliver W. Woodard, Jr. being present.
1. An opening prayer was delivered by the Reverend Charles C. Carrin.
2. On motion by Mr. Woodard and seconded by Mr. Avery, the minutes
of the regular meeting of November 12th, 1962 were unanimously ..
approved.
3. Mrs. W. H. Crossland of 100 Gleason Street requested that Venetian
Drive be made a one-way street going South, Gleason Street a one-way
street going North onto Atlantic Avenue where there is now a traffic
light, to ease the heavy traffic during the season, and wondered if
there could be a trial of this during the season to ascertain if it
would be a workable plan.
X. It was announced that the preliminary Council meetings or Caucus
meetings had been discontinued, and COuncilman Talbot explained 'that
he felt the public would get a lot more out of the meetings if they
saw how things originated instead of just hearing the .results of what
had been discussed at a caucus meeting.
4. Mr. Warren read the Beaufification Committee meeting minutes of
Thursday, November 15th, 1962.
4.a. A Roll call showed that the following Civic Organizations and
representatives where in attendance.
Chamber of Commerce Mr. Kenneth E11ingsworth
Delray Beach Board of Realtors Mr. H. Ben Adams
League of Women Voters Mrs. Frank Carey
Breezy Ridge Estates Mr, John Sword
Beta Sigma Phi - Mrs. Mahlon Weir
5. The City Clerk read the following letter to Mayor Dietz from Mr.
August Rudl, dated November 22nd.
"Congratulation and thanks for the very fine Concert you
kindly arranged for us Citizens of Delray Beach.
"We pray and hope that there will be more to come."
A letter was read from Mr. J. B. Henderson, City Manager of Boynton
Beach, dated November 19th, as follows:
"On behalf of the City Council of Boynton Beach, I extend to you
my sincere thanks for the use of the pumper and fire truck, and
crew to stand by to co,er the Boyn~on Beach fire department on
Friday morning, November 16th, while a serious fire was raging
within our city limits.
"We applaud this fine example of municipal cooperation and take
this means of expressing our appreciation to all who helped in
any way on that unfortunate occasion."
The City Clerk read a letter from Mr. Ray Nadeau, Trainer of the
Delray .Beach Dog Obedience Classes, Thanking the City for their co-
operation and the oourtesy shown them by Mr. Hansen and other em~ ·
ployee~-at the Community Center.
11-26-62
November 26, 1962
6.a Concerning changing the Council meeting dates for December,
ResolutiOn No. 1427 was read:
RESOLUTION NO. 1427.
A P. ESOLUTION OF T~E CITY COUNCIL OF THE
CITY OF D~RAY BEACH, FLORIDA, REP~2%LING
RESOLUTION NO. 1377 PERTAiNiNG TO ESTABLISH-
MENT OF DATES FOR HOLDING REGULAR COUNCIL
MEETINGS.
BE IT RESOLVED BY THE CITY OOUNCIL OF THE CZTY OF DELRA¥
B~ACH, FLORIDA, AS FOLLOWS:
SBCTION 1. That Resolution No. 1377 of ~his City be and
the same is hereby repealed.
Passed aad adopted in regular session on this 26th day
of November, 1962.
Resolution No. 1427.wa~ unanimously ,passe~ and adopted on motion by
Mr. Woodard and seconded by Mr.' Talbot.
Mr. Woodard then moved that the December, 1962 Council meetings
be held on the first and third, Mondays, namely the 3rd and 17th.
The motion ~as' ~M~onded by Mrs, Avery and .,~arried unanimously.
6.b. A letter from Mr. Clifford-W. Hagemeyer was read-concerning
the traffic situation at the intersection of Venetian Drive and East
Atlantic Avenue. It was reported that the Florida State Road Depart-
ment, acting upon certa~,% .requests grO~ Delray ,Beach, have denied
permission for installation of traffic contro~ signals at the inter-
sections of U.S. % 1 (Federal Highway, both ,North and SoUth) with
S. E. 10th Street,; U.S. ~% I (Northbound) a~.nd N. E. 1st Street, and
East Atlantic Avenue and Venetian Drive.
It was made known that the traffic survey on East Atlantic Avenue
afc Venetian Drive was made on October 10th at 'which time there is not
much traffic in .Delray Beach.
Mr. Avery moved that the State Road Department be requested to
make a survey in the first week in February~ which is the height of
the season, when the problem i,s critical, that they: make it a compre-
hensive survey over the several days .Whe.~ the baflking is busy, and
that the City Manager then be ins~gd~, ~with~ --~,~--.- -~the result of said
to r.sent to the of what it
survey,
will take if necessary to tie it in~> the bridge lights, or what it
takes to protect the ~b~ic safety. The motion was se=onded by Mr.
Talbot who asked if .the ~uncil had any f~r.,,~ er prerogative w~en the
State says that a traffic light is not needed, and was informed that
they d/d not, but they did have the privilege of asking for a survey
during, the season.
City Engineer Fleming was asked to c~mm~ on this and did so as
follows: "The State Highway Department makes these surveys and they
have a figure by whi,,~/% ~th~y proport~/~n the traffic in ~he off-season
to what it is in ,the ~Seas~n. They ~ make .~/~e :,s~y at any
~ime and come up' with ~he o~rre=t a~ew~r., If they ma~e it in the
off-seasoB they p=~.babl¥ mulXiply .it ~by a-fac~=. They have a de-
finite engineering factor by which they ma~e ~he~e decisions and I
-think they have done a correct and good job of making the decision.
I feel that ~a should gl.~Ve ~onaide~at~o~ to 4~hei~r conclusion in
this. ca~se and I belie~ ihe~ ,are co~eq~. .I.~do~?t agree there should
be a light at this location. X .~e~-$~,~Wo~d~be a ha'zard rather than
a betterment of the traffic condition."
City Manag~gr., ~9~/la~d ,~en.,a, Sked Mr. Fleming if it~ was tied into
the bridge l~btS,, Woql~ ~e= ~gr..ee? ~ .
Mr. Fi~..~ a~ere~i-: if' ~t[~ ~'ere t~!e~ into ~.the ~idge? tf the,,
pro,er tra~f~iC con~r°lS~we~e ins~alle..cl .! th.~k f~t would be .a help.
-2- 11-26-62
'309
November 26, 1962
Mr. Avery commented further and said that if this wa~ ~eded in
the interest of public safety, then the cost of tieing it into the
bridge light should be explored.
Mayor Dietz asked about synchronizing the light on Federal Highway
North with the light at ?th Avenue on Atlantic Avenue so as to give
a pause for the people coming onto Atlantic ~venue from Venetian
Drive, or to make Venetian Drive one-way going South for one block
and bring all the traffic out on Gleason Street.
City Engineer Fleming stated that there was a great deal of merit
to the suggestion of making Venetian Drive one-way for one block South
of AtlaDtic Avenue. Mayor Dietz asked'that City Manager Holland look
into same.
Upon call of roll of the motion that the State Road Department be
requested to make a survey of this location during the first week in
February, the motion carried unanimously.
Concerning the other th~e.e traffic light locations mentioned above
that were also turned down by. the State ~ad Department, Mr. Avery
moved that theY be requested to make surveys at these other points
in the first week of February also. The motion was seconded by Mr.
Talbot and carried unanimously.
Mr. Talbot then moved that the City Manager be i~atructed to have
a traffic feasibility survey in connection with the Police Department
as to the re-routing of traffic on Venetian Drive and Gleason Street.
The motion was seconded by Mr. Avery and carried unanimously.
6.c. Concerning consideration for a change xn Co~un~.Votxng Precincts
and proper precinctregistration records in Delra~i~.~.~, Mayor Diet~
cited some instances where a man and woman in the '~e household
voted at ~ifferent polling places and that other ~eople passed a
voting place getting to one that was designated for their voting.
Mr. Woodardmoved that this Council direct letters to the
visor of county Registration and to the County Commission requesting
that this condition be changed. The motion was seconded by Mr.
Talbot. Following discussion and comments, the motion carried unani-
mously.
6.d. The Council was informed of the following assessments that were
levied against the Palm Beach County Board of Public Instruction for
Street and Drainage improvements.
Ordinance No. C~-82 (11-23-53) N.W. 8th Avenue Paving $2,260.23
Ordinance No. ~-305 (3-23-59) S.W. 3rd Street Paving $1,806.34
Ordinance No. ~-461 (10-8-62) Seacrest Blvd. Drai~aq$ $ 446.25
$4,512.82
Further that it is recommended that said assessments, together with
any interest accumulated thereon, be cancelled inasmuch as said Board
of Education did not consent to such improvements nor imposition of
assessments resulting therefrom and therefore are not subject to
forced payment for same by virtue of the General Laws of the State
of Florida enacted in 1953. Further that the $4,512.82 being un-
collectible still shows on the financial reports reflecting out-
standing unpaid improvement assessments and is misleading.
Mr. Talbot moved that said assessments together with interest
accumulated thereon be cancelled as recommended. The m~tion was
seconded by Mr. Woodard and carried unanimously.
6.e. The City Clerk read the following letter from Municipal Judge
James W. Nowlin, Jr., dated November 16th, 1962.
"On October 31, 1962 the above defendant was convicted in the
Municipal Court of Delray Beach, Florida of the offenses of
driving while intoxicated, reckless driving, speeding and
operating a motor vehicle with no license. He was fined
$540.00 or 180 days in jail. Since that time MalOy has been~-
confined in jail where he has been a model prisoner and has
worked in and around the Police Station. I have learned that
Maloy is the sole support of his wife and two children an~
-3- 11-26-62
'3i0
November 26, 1962
"that his wife is expecting anotherbaby this month. Maloy
has in the past been employed at the Gulf Stream Oolf Course
as a caddy and has been promised a job:if he is soon able to
report fOr work. Maloy has also promised to make regular
weekly payments on his fine if he is released.
·
"It is therefore my recommen~atiOn, in which I am joined by
Chief of Police, R. C. Croft and Sgt. C. E..Billings, the
arresting officer, that Herbert Bailey Maloy be r~leased
conditioned upon the payment of the balance of his fine in
$10.00 weekly installments."
Mr. Warren moved for approval of the recommendation, the motion
being seconded by Mr. 'Talbot and unanimously carried.
6.f. It was reported that local nurserymen have objected to the
Council's directive to the City Manager to discontinue the muck
pulverizing operation in Tropic Palms, suchhaving bee~ d~termined
on the basis that it constitutes a processing operation which
function is not permissible in C-1 Zoned areas.
In view of the various nurserymen be'lng dependent upon' this muck
production to fulfill previous -commitments. made by them, it is re-
commended that'a temporary permit for permissive .Use to permit pulver-
izing of muck in the potential and future lake area in Tropic Palms
Subdivision be granted, all of which operation is closely related to
future beautificatio~ of said subdivision in that this immediate area
will constitute a lake, and further, tha~ it is anticipated that the
removal of muck in this area will definitely termin&te within the
coming year of 1963.
Mr. Avery stated that he had discussed this. problem with the
nurserym~n and the residents of Tropic Palms.. Further that the
nurserymen are willing to use the Germantown Road e~it for removing
the muck which is agreeable to the resi'~e~t~in tha~ area, Mt.Avery
~hen moved that the permissive use be gre~ted', not to' exceed the
year 1963, with the direction that the Germantown Road exit be used
for the trucking of this muck away from the subdivision, and provifl-
ing the people in Tropic Palms Subdivision do not complain. The
motion was seconded by Mr. Talbot and carried unanimously.
7.a. The City Clerk read the following letter from Attorney John W.
Spinner, dated October 26, 1962.
"Rel Lot 9 and Part of Lot 25 (Lying East of U. S. Highway . . 'No. 1} ~i0ck'10,. City Of Delra¥ Beach, Florida.
"I have been requested 'bY my client, Mr. Jarman c. Smith, Jr.,
to write'you concerning' Certain property owned bY the City of
Delray Beach immediately South of Rio Del Rey Subdivision
situate between U. S. Highway No. 1 and the~ intracoastal
waterway.
"As you k~w, a portioD ~f the property in question is presently
being Use~'by the pub~'i~'for launching small' boats. Mr'. Smith
is interested in-leasln~ 'the whoi~ parcel of land owned by the
City ~ast of U. S. Highway No. 1 for the purpose of building
thereon a marina and yacht basin, in order not to. deprive the
general public of its' access to the in~acoastal waterway for
boatiD9, my client would be willing to maintain facilities on
the p~!Ses equal to those presently.~loca~ed there at his ex-
pense, provided a lease a-rangement is deemed fea,sible.
"Since M~. Smith contemplates a substantial financial ~pendi-
ture in making the imp'rovements to the leased property,'he
would therefore be 'interested in a lease not less thegn" ten
-4- 11-26-62
Nove~be: 26, 1962
"years with an opt.ion of renewal for a like term. It is our
understanding that the City is not receiving any income from
the captioned property at the presen, t time, but each year is
required to expend a considerable sum in maintaining the afore-
mentioned ~ublic boat facilities. Mr. Smith would be willing
to pay $1,000.00 per year as rental and would not look to the
City in any way for a financial contribution in erecting and
maintaining the planned improvements.
"we woul~ aDpreoiate the Council giving this matter serious
consideration at .its next regular meeting,,
It wasreported that if the Council should be interested in con-
sidering such a lease, it is recommended that prior to further con-
sideration of this request, Palm Beach County-be requested to dedi-
cate to the City of Delray Beach the parcel of county-owned land
lying within the existing boat ramp facilities at the waterway, ex-
tension of S. E. 10th Street.
It was suggested that this be referred to the Beautification
Committee, Planning/Zoning Board, City Manager and City Attorney
for study and a report back to the Council. During discussion,
Mayor Dietz stated that if this item was going to be referred, 'he
would insist that the maintenance of facilities be spelled out in
all respects.
Following lengthy discussion, Mr. Woo. dard moved that the City
Administ~ation contact the County-to determine the.status of this
property prior to taking any further action. The motion.was seconded
by Mr. Talbot and upon call of ro11, Mr. Avery, Mayor Dietz0 Mr.
Talbot and Mr. Woodard voted in favor of the motion, and Mr. Warren
abstained from voting.
7.b. The City Clerk read the following letter from Attorney Charles
Byron, dated~ November 14,,-1962. {SeeAMENBMENT attached)
"I represent Mr., Lloyd C. Erny, theowner and holder of a
liquor license, bar and package, presently located at the
Arcade Tap Room, 411 East Atlantic Avenue, Delray Beach,
Florida.
"will you kindly co~sider this an application for a transfer
of that license from its present location.to the 1045 Building
at 1045 East Atlantic Avenue, Delray Beach. I understand that
the latter location is not presently included within the area
in the City where the sale of alcoholic beverages,is permitted.
"will you therefore also consider this letter as an application
for an extension of the present liquor zone to 1045 East Atlantic
Avenue so as to permit the'contemplated transfer.!'
Mr. Woodard stated that he feels it would be improper to have the
1045 Building used in this manner and Mr. Talbot asked Attorney Adams
if this extension of liquor zone was on the same basis as approval of
a wine and beer license where another governmental agency could over-
rule. Attorney Adams stated that the Council has more jurisdiction
in zoning than in denying a license and feels that the .zoning can be
controlled. It was suggested that this item be referred to the
Planning/Zoning Board for public hearing.
Mr. Woodard moved that this application be denied, the motion
being seconded by Mr, Talbot. Upon ~all of roll, M&yOrDietz, Mr.
Talbot, Mr. Warren and~Mr. Woodard voted in favor of the motion and
Mr. Avery was opposed. ·
-5- 11-26-62
November 25, 1962
7.c. The City Clerk reported that due to undermining of .land between
present' Marine way paving and the seawall for a distance, of approxi-
mately 500' ,as' well as a continuation Of such condition for approxi-
mately 100' northward therefrom, the lessee, Lawrence J. Ptym, re-
quests permission to construct a sidewalk adjacent to the seawall
and extend the present paving to the w~sterIy edge of such proposed
sidewalk for the first distance above referred to, which commences
at Dock No. 1 immediately north of the present building, and for
continued sidewalk construction for approximately 100' northward
therefrom, and reinforcement of the wooden seawall at the. easterly
extension of N. E. 1st Street to prevent further erosion of said
lands. The cost for the above improvements is estimated to be $3,500.
which would be advanced by the lessee, subject to full reimbursement
thereof by the city through partial allowances on the annual lease
fee of 1/4 of sUch total cost for improvements each year for the
ensuing four years.
It is recommended that this request be referred to the City
Manager and City Attorney for their study and report thereon, which
report should 'he-'SupPorted by ~omplete plans, full specifications
and the low qua~lifi~d 'b~ .o~ta~/~ab~e f~ such improvement, and to
report ba~k to ~l ~t' ~he~earliest ~seible date.
Mr. Avery m~d~h&t~ ':~s:.~em be re.~e=red to the City Manager
and City Attorney with the mequest that, they exert every effort to
get a report for the Council by the December 3rd meeting. Mayor
Dietz asked if the motion would specify the thickness and. width of
sidewalks, the drainage, the thickness of paving, the type of re-
inforcement for the seawall and the number of cubic yards if they
are going to fill in behind the coffer-dam. Mr, Avery added to his
motion "with proper specifications for the work to be done". The
motion was seconded by Mr. Woodard.
There was lengthy discussion, during which the provisions of the
Dock Lease were questioned.
UDon call of ro11, Mr. Avery, Mayor Dietz and Mr. Woodard voted
in favor of the motion, Mr. Talbot abstained from voting and Mr.
Warren was opposed. The motion carried.
7.d. The City Clerk read the folIoW&ng letter to the Planning/Zoning
Board from Joe R. Kern, dated OCtober 16, 1962.
"Enclosed please find. 'a plat ~f the~ Lake ~da Road area with
4 1/3 acres indicated by arrow~ This property fronts on
Lake Ida Road. and on the Lake Ida Canal.
"It is availabl'e to the City-of Delray Beach or the County of
Palm Beach for $14,500. for uses other than residental, The
total price can be terms."
Mr. Warren moved that this ~tter be referred to the ~lann~ng/
Zoning Board for review and their recommendation. The motion was
seconded byMr. Talbot and carried unanimously.
7.e. The City Clerk then read the foll'owi~g letter from the Chairman
of the Inter-Racial Committee, dated November 17,' 196-2.
"At its last regular meetimg, November 15, ~962, the Delray
Beach Inter~acial Com~ttee voted un&,%~mely' t~ request
the City Commission to ohange the nam~ ~f ~s committee to
the Delray Beach Committee. on commu~-~y~'~ations, with the
provision t~a~t the membership of the present Delray Beach
Inter-Raui. al%'Commi'ttee be automati~a:lly -transferred to~ the
Delray Beach Committee on Community Relations. The committee
feels that the new name gives a better idea of the function
and sc~pe of this group than does the old one. We respect-
ful.l~~ -~mk' ~ur action on this matter.
-6- 11-26-62
~ovember 26, 1962
"As the Council knows, our committee has long been ~=o~
with obtaining certai~ much-needed educations! facilities for
this area, We have agreed that a meeting with the Board of
Public Instruction, in order to acquaint them with ourfindings,
would be a useful step in obtaining these facilities. We would
like your.permission to invite the members of the Board to meet
with us at a suitable date."
Mayor Dietz relinquished the Chair to Vice-Mayor Woodard and moved
that the name of the committee be changed from Inter-Racial to Com-
munity Relations, and the same personnel:now on the Inter-Racial
Committee be. trans£erred to the Com~nunity Relations Committee. The
/-. motion was seconded byMr. Talbot and carried unanimously.
r~ ~' Talbot then moved that authorization be given to the Commu-
I nity Relations Committee to invite members of the Board of Public
Instruction to meet with them at a suitable date, and that the
:i_,. Council be included in this invitation. The motion was seconded by
Mr. AVery and carried unanimously.
Mayor Dletz a~nounced that he is meeting with the Community
Relations Committee tomorrow night, and the special committee, to
look over the. tentative plans of the Westside Recreation Center.
That the Council may attend any meeting that it wishes and the meet-
ings are also open to the press.
7.f. The City Clerk read the following letter from Attorney John
Moore, dated November 21, 1952.
"Re: Delray Beach Yacht Basin.
"This application is made on behalf of Plym Company., the
present lessee of the Delray Beach Yacht Basin. The company
wishes to apply for a building permit to construct a building
for the purpose of improving the existing facilities for the
yacht basin, as is more particularly s~own by a drawing which
is attached hereto and made a 9art hereof.
"No request is being made to ~ell any ad~ional supplies, but
it is intended only to improve the services of the Delray Beach
Yacht Basin to yachtsmen who use its facilities."
Mr. Avery stated that due to the fact that plans have been 9re-
sented, and in the interest of expediting this matter, and because
the Planning/Zoning Board has reported several times on this matter,
moved that the City Manager be instructed to cause, the procedures to
be instigated, which will include advertising, so that the Public
Hearing will be heldbefore the Council on December 17th and that
final action can be taken at that time, also that one of the con-
ditions in granting said a~pl£cation is that the buildings would be
painted at least once every four years. The motion was seconded by
Mr. Woodard and carried unanimously.
7.g. City Clerk Worthing'read the following letter from Mr. R. R.
Bonnell, date~ November 19, 19~2.
"I think you are well aware of the chao.tic parking condition
on the east side of Federal Highway between the Highway and
the bridge. ~arking fac/lit/es other than the street are
conspi~uous by their complete absence. The bUSinesses west
of the Highway or 5th Avenue have several adequate parking
'areas, vahile east of the Highway we have.none at a!l.
"While I recogn~'e the fact that the City is.a little short of
funds at the present time, I wish to Submit the following for
your consideration= We have a plot of ground consisting of
-7- 11-26-62
~ove~ber 26, 1962
"223 ft. on Route S 1 north, and only 122 ft. south of
Atlantic Avenue. This prope~y is 130 ft. deep ba*ck to a
dedicated 16 ft. alley. 'The property can be leased on a
five to ten year lease at $6,000.00 a year net to the owner.
"I do hope that the City will find some way to relieve the
parking congestion east of the HighWay for us, and anything
you do in this direction will be ~reatly appreciated by the
business people in this locality."
It was pointed out by Mr. Wood&rd ~at the City ~s in the process
of attempting to provide parking for the businesses in that area and
that Flortda Coastal Theatres, Inc. have been c~ntacted concerning
their property on the Southwest corner of the interseetion~.of East
Atlantic Avenue and 7th Street.
It.was suggested that possibly Mr. Bonnei1 or his client may be
interested in operating a parking lot on a fee basis.
Mr. Talbot moved that the City Manager be i~str~ted to advise Mr.
Bonnell the financial situation of the City an~ what is in the pro-
cess of being developed for a parking lot for'~he~$ty in that area
and also that nothingwould preclude'h~S?Cli~ht' fr~-operating a
lot in his 0wnbehalf on a fe&~basis. The'~otion.was second-
parking
ed by Mr. Woodard and carried una~imo~sIy.
8.a. City Clerk Worthing read RESOLUTION NO. 1428~
A RESOLUTION AUTHORIZING THE IS~AECE
$1,500,000 WATER AND SEWER REVEN~E BONDS,
SERIES ~962, OF THE CITY OF DELRAY E~ACH
FOR THE PURPOSE OF MAKING IMPRO~SAND
EXTENSIONS TOT HE SANITARY SEWER~SYSTEM O~
SAID CITY, PROVIDIN~ FOR THE SALE OF SAID
BONDS', PROVIDING FOR THE SECURITY AND PAYMENT
THEREOF AND MAKING CERTAIN PROVISIONS IN THAT
CONNECTION.
(Copy of Resolution No. 1428 is attached to and made a part of
the official copy of these minutes.)
See Pages 3~0C th~u 320~*-~
Resolution No. 1428 was unanimously adopted on motionbyMr.
Wo0dard and seconded by Mr. Warren.
8.b. The City Clerk read RESOLUTION NO. 142~.
A RESOLUTION AUTHORIZING THE ISSUANOE OF
$1,100 ~ 000 UTILITIES TAX REVENUE "~ERTN~ICATES,
SERIES 1962, OF THE CITY OF DELBAY B~ACH, PRO-
VIDING FOR THE PAYMENT AND SALE OF SUON
pICATHs, ENTERING INTO CERTAIN COVENANTS
AND AGREEMENTS IN T~L~.T CONNECTION, AND DECLAR-
ING AN EMERGENCY.
(Cop~ of Resolution No. 1429 is attached to and made a part of
th~:~'ic'ial copy of these minutes.)
See Pages 3~thru 3~0~
Re:a~ution No. I429 was unanimously adopted on motion by Mr.
Warren'and seconded by MX'. Avery.
X. Mr. Warren asked that since there are no more preliminary Council
meetings, would i~dividuals interested in certain items on the Agenda
have t~e right tO address the Oouncil concerning said items, and was
advised by Mayor Dietz that same w~uld be permitted prior to the vote
on an item.
-8- 11~6-62
November 26, 1962
8.c. City Clerk Worthing read ORDINANCE NO. G-_468.
AN ORDINANCE OF THE' CITY COUNCIL OF THE CITY
OF DELRAY BEACH, I~ORIDA, AMENDING SUB-SECTION
(C), SECTION 29'7, CHAPTER 29 OF THE CODE OF
ORDINANCES OF TEIS CITY AND ~P'~'PEALING SUB'SECTION
(11), SECTION 29-7.5, CHAPTER 29;, OF THE CODE OF
ORDINANCES OF THIS 'CITY PERTAINING TO BUILDING
HEIGHT RBGULATIONE IN THE R-3 MULTIPLE FAMILY
DWELLING DISTRICT.
(Copy of Ordinance No. G-468 is attached to and made a part of
. the official copy of these, minutes.)
See Page 320FF~rff
There being no objection to Ordinance No. G-465, same was unani-
mously passed and adopted on second and final reading on motion by
Mr. Talbot and seconded by Mr. Woodard.
8.d. The City Clerk read ORDINANCE NO. G-469.
AN ORDIN~CE OF THE CITY-OF DELRAY BEACH, FLORIDA,
PROVIDING FOR AND REGULATING AND RESTRICTING THE
LOCATIONS OF GASOLINE AND OIL FILLING STATIONS OR
SERVICE STATIONS.
(Copy of Ordinance No. G-469 is attached to and made a part
of the official copy of these minutes.)
See Page 320III
City Clerk Worthing asked the Council if a commitment granted to
potential land owners and evidenced by a proper instrument would be
subject to control as reflected in this Ordinance, and stated that
the instrument he refers to has been a matter of record since
October 22nd. -Further, that it is .the desire of Mr. and Mrs. Robert
Fleming of 930 S. E. 5th Avenue who own Lots 10 thru 15, Block 8,
Rio Del Rey, tf~ t this agreement would not be affected by Ordinance
No. G-469 until the option exp.ired on March 1, 1963. It was stated
that another such agreement exists.
Attorney Clinton Scott appeared in behalf of the Florida Petroleum
Association to protest the passage of Ordinance No.
Section 2 of said Ordinance was discussed at length, said section
being: "This ordinance shall not be applicable to businesses which
sell gasoline and oil as an incident to some other primary business.
City Attorney Adams stated that the city does have the right by
the Supreme Court to legislate that filling stations can be at least
750 feet from each other. That the Pompano Beach ordinance, being
almost identical to this one, was upheld recently.'
Mr. Woodard moved ~hat action on this proposed Ordinance No. G-469
be tabled for further study, the motion· being seconded by Mr. Avery.
Upon call of ro11, Mr. Avery, Mayor Dietz, Mr. Warren and Mr. Woodard
voted in favor of the motion and Mr. Talbot abstained from voting.
8.e. City Clerk Worthing read ORDINANCE NO. G-470.
AN ORDINANCE OF THE CITY OF DELRAY BEACH
AMENDING SECTIONS 9-6.5 AND 9-6.6, CODE OF
ORDINANCES OF SAID CITY PERTAINING TO REGU-
LATIONS LIMITING THE HOURS FOR CERTAIN BUILD-
ING CONSTRUCTION IN TH~ CITY OF DELRAY BEACH,
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
(Copy of Ordinance No. G-470 is attached to and made a part of
the official copy of these minutes. )
. See Pages 320JJJ & 320E~K
Mr. Paul Herig, a local building contractor stated that he thought
there might possibly be a difference in the regulations of hours of
construction in residential areas and commercial areas.
Mr. Avery moved that O~dinance No. G-470 bet table~ for further
study and revision. The motion was seconded by Mr. Warren and upon
call of roll, Mr. Avery, Mayor Dietz, Mr. Warren and Mr. Woodard
voted in favor of the Motion, and Mr. Talbot abstained from vot/ng.
November 26, 1962
8.f. City Clerk Worthing read ORDINANCE NO. G-471.
AN O~DINANCE OF THE CITY COI~CIL OF THE CITY OF
DEI~RAY BEACH, FLORIDA, AM~IN~~ SECTION 29-7.7,
CHAPT~' 29 OF THE CODE 0~ O~NANCES OF THIS CITY
BY PRESCRIBIN~ CERTAIN i~~ES TO BE FOLLOWED
IN .CHANGING THE-ZONIN~ Ch~i~-~CATIONS O~ ~SES OF
PROPERTY LOCATED WITHIN ~l..~Ty.
(Copy of Ordinance No. G-471 is ~%~a to and ~de a part
of the official copy of these
See Pages, 320LLL & 32~ NMM & 320FN~
There being no objections to Ordina~ce No. C~471,,'~.&id Ordinance.
was unanimously adopted on second and final reading on motion by Mr.
Woodard and seconded by Mr. Talbot.
8.g. City Clerk Worthing read O~DINANCE NO. G~472.
AN ORDINANCE OF THE CITY OF DELRAY BEACH
AMENDING SECTION 29-7.9, CHAPTER 29 OF THE
CODE OF ORDINANCES 'OF TH~S CiTY P~A~TAININ~.
TO ~ROCEDURES TO BE' FOLLOWED tN ~IN~
CHANGES AND AMENDMENTS TO SA~D CHA~TER 29.
(Copy of Ordinance No. ~-472 is attached, tOland made a part of
the official copy of these minutes. )
See Page 320PPP
There being no objections to Ordinance No. G-472,. said Ordinance
was unanimously adopted o~ second and 'final reading on motion by Mr.
Warr, e~ .and seconded by, Mr.'. Woedard.
8.h. Concern/~rd-~nance No, G-473, ~roviding for revised restric-
tions in Blo~lC- ?~,, M~-. ~Tat~ot' moved that~ t/~is 'be referred to the City
Manager, City:A~torney, 'legal' counsel for Mr. W, R, Haggart and Dugai
Campbell to provide and<~s~bmit through the ~ity Attorney a revised
ordinance providing fo= certain changes and revised agreements con-
cerning Block 73. The motion was seconded by- Mr. Warren and carried
unanimous ! y.
City Attorney .Adams informed the Counci?_~t a final ordinance or
agreement would not be presented to them., ~it ~ld .be something
that ~ula be m~nmider~
8, i.. City Clerk Wor. thing ~ead ORDINANCE NO. G,474-.
~AN,O~DINANCE OF THE CiTY OF DELRAYBEACH,
FLORIDA,,.,:~N~ SECTIONS 9-1, AND 9-1.1,
BY TEE S~,THERN STANDARD BUILDING CODE CONGRESS,
PERTAIN, I~N$ ~ MINIMUM STANDARDS FOR INSTALLATION
OF CONSUMER~.S ~AS PI~ING AND GAS APPLIANCES.
BE IT ORDAINED ,BY THE ~,~'~t~ ,COUNCIL OF THE., CIT~ OF DEL~AY BEACH,
FLORIDA: ~
Section 1. ~a~ Seu~ons 9-1 ,a~d 9-1..1, ,.~hapter 9 of the Code of
Ordinances city ~f De'lray BeaCh, be a~d the same are hereby
amended to ~el,~ows:
"Sec. 9~1 Southern Standard 'Building Code - Adopted by Reference.
"The !960-1961 Revis,~on of the Southern Standard Building Code,
including the Suppleme. nt for the City of Delr~y Beach, Florida,
(atta~ched hereto and '~ade a part of this Ordinance) is hereby
adopted as the Building Code for the City.
Ne~emb~r 26, 1962
"The 1960-1961 Revision of the Gas Code compiled by the Southern
Standard Building COde Congress (attached hereto and made a part of
this Ordinance) is hereby adopted as the Gas Code for .the City."
PASSED' AND ADOPTED this 26th day of November, 1962.
There being no objections to Ordinance No, G-474, said Ordinance
was unanimously adopted on second and' final reading on motion by Mr.
Talbot and seoonded by Mr. Woodard.
8.j. The City Clerk read ORDINANCE NO. 9-4?5.
AN ORDINANCE OF THE 'CITY COUNCIL OF THE CiTY OF
DELRAY BEACH, FLOi~DA, ANNEXING TO'THE CITY'OF
DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION
TOWNSHIP '~ 46 SOUTH~ RANGE 43 EAST, WHICH LA~DS ARE
CONTIGUOUS TO' EXIS?XNG MUNICIPAL LIMITS O~ SAID'
CITY; REDEFINING THE BOUNdARiES 'OF' SAID CITY TO
INCLUDE SAID LANDS;~]pROVIDVNG FOR THE RIGHTS AND
OBLIGATIONS' 'OF' ~AID'LANDS; AND PROVIDING' FOR' THE
ZONING'THEREOF. (East of Seacrest Blvd.)
Ordinance No. G-475 was unanimously placed on £irst reading on
motion by Mr. Talbot and seconded by Mr. warren.
8.k. City Clerk Worthing read ORDINANCE NO. G-476.
AN O~IN~CE O~ CITY COUNCIL OP ~
DELRAy'B~C~[' FLORIDA, ~NNEXING 'TO THE CITY
CERTAIN 'LANDS LOCATED'IN SECTION 9, TOWNSHIP 46
SOUTH, RANGE 43 EAST, 'WHICH LANDS ~ CONTIGUOUS
TO EXISTING MUN. ICIPAL LIMITS OF SAID CITY~
DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDe.'
SAID LANDS~ PROVIDING FOR THE RIGHTS AND oBLiGA~ONS
OF SAID LANDS~ AND PROVIDING FOR THE ZONING THER~O~.
(Lots i thru 5, Block A., Snow Hill' S/D.)
It was noted that this particular piece 'of property is the site on
which a Ranch House Restaurant iB understood to be built and that
there is a condition in said ordinance that the City will furnish
water to this location within 90 days afte~ '~nexatton.
It was requested that the estimated cost of ex~ending the water to
said location and any other information and data necessary, be 9re-
sented to the Council at time of second reading of said Ordinance.
Ordinance No. 'G-~76 was unan/mously placed On first reading on
motion by Mr. Avery an~ seconde~ by Mr. Woodard.
9.a. City Clerk worthing'read the fO.l~owing ~lanning Board Report,
dated November 19, 1962 .....
"At a special meeting on NoVember 16', 19~2., the Plan, ing/~.oning
Board held a: public hearing on a request for Permissive Use for
the construction and'o~eration of a CHURCH OF CHRIST at 125 S. w.
15th Avenue, On the folloWing described land.
"Lots 6, ? and 8, Block 2, Priest's Addition to Atlantic Park
Gardens,' Delray Beach, ' 'Ft0rida.
"Ten people appeared at the hearing and ther® were no objections
to said Perm~ss;i~e Use. '
-11- 11-26~2
November 26, 1962
"it was determined that there was more t~han sufficient parking
space provided for the preaent membership of the Church, and
the petitioners were informed that at any time they may desire
an addition to said Church, it ~u!d be necessary to petition
for same and addi~ional parking apace provided.
"The four members of the Board present ~James I Sinks, L.
Stuart Lankton, Kenneth Jacobson and Richard Jebb) voted
unanimously that the Board reconuaend that the Permissive Use
be granted aa req~ested,'~' It was moved by Mr. Avery that said Permissiv,
use be granted, the m0tio~ being seconded by Mr. Talbot and unanimously
~.~.r~'was reported that in compliance with Council eirective 0£
last meet/rig and as a result of revtew/ng the offer of Mr. John' N.
Kabler to dedicate a certain strip of land for right of way purposes,
it is recommended that the =£ty~-acce~t: M~. ~b~erfs offer to dedicate
said strip, of land, being 2S' in width .apd 293':.. in length and running
easterly from ~the easter.ty right of ~w~y .1,~ne of~ Seacrest Boulevard,
for additional, ,rig,h.~ of way on N. E. 22nd Street. (p.re~.iously known
Pi~eridge Road}, $~ubject to, the, . city ,~.~i~g parking requirements on
said land as established in Chapter, 2,9 of the Code of Ordinances, and
the removal of Australian pine t~,.ees within such right of way without
cost to the abutting property owner. It. was further reported that
this would not provide for a continuation of N.. E. 22nd Street 50' in
width from Seacrest Boulevard to Northridge Road as there is other
property .East of Mr. Kab~,er'a property, borderisg on 22nd Street,
that is not within the C~ty of Delray Beach. ,~.id on removing said
pine trees from Mr. Kabler's property is $800.~0~ from the property
that is not now in the City the bid is $1,000,00 and for removing
both groups of trees at the same time the bid is $1,575.00.
Mr. Avery moved that Mr. Kabler's offer be accepted and that the
Mayor be authorized to. execute any .n$~Ss, ar~ instruments. The motion
was seconded by Mr. Woodard and car,r,~ed, luna~ously.
It was reported that ~ff°rtS are being ma~de to co~,~act the three
owners of the property on the North aide .~f N. E. 22nd Street lying
between Mr. Kabler's property and Seacrest Park S/D, in an effort 'co
encourage them to take 'similar action,
9.c. It wes reported to the Council. that to November 12, 1962 there
have been 359 lights instal~ as a result of the city's street
lighting program (originall~ $~1, ~ing ~for 38Q ~l£ghts}, since which
date,, there have been 8 can~e.l~:$~ons~and 8 .~dditions. The balance
of ..the. program is i~ the process of being, completed at this time.
It was reported that 'the seacrest HOtel desired a shade to be
placed on the light near the hotel to shield them from it' direct
rays.
9.d. It .,was We~orted that an i~yestigation of the rQck condition at
the South End Boat Ramp.reveal~s undesirable rock accumulations in the
water, as well as a shell rock road running southerly from the boat
ramp facility to ..:th'.e Marine way activity to the South, and that it has
not been determined who provided for such rock road.
Following discussion, Mr. Talbot moved that this item be tabled
pending a report from the~ City Manager and the. City Attorney concern-
~g ~ni~ht'e Age,da mtem 7..a. ~a motion ~waa ~conded. by
Wooda.,~ and 'upon call ~,ro~'~, Mr..:~A=~ery~ Mayor D!e:tz, Mr. Talbot
and Mr. Woodard voted in favor of the motion and Mr..~farren abstained
from voting.
9.e. City Engineer Fleming commen~ed brief~l¥ ~ncerning proposed
engineering designs for two bridges over proposed C-15 Canal and
stated that rather than the Co~u~n~ ~$! go-~JlrOugh_~e individual propo-
sitions of four ~,n~ividual engineering firms, ~l,g~eated that a com-
mittee be appointed to look these over and report to the Council~
Mr. Woodard moved that a committee be appointed with Bob Hollan~
as Chairman, A1 Avery and Mark Fleming as members of said committee
11-26-62
:319
November 26, 1962
to study t~e reports as.submitted by the City ~ngineer and submit a
report to the Council. The motion was second~dbyMr, avery and
em=~ied unanimously.
10. Mayor Dietz thanked the city employees who helped 'in anyway
with the String Concert that was given at the Band Shell in the City
Park on Thanksgiving Evening, and that all were most cooperative. He
also thanked other towns people w~o participated and helped with the
Concert and reported that the attendance mhd results were very pleas-
ing.
The Council and audience applauded the Mayor for promoting said
concert.
Mayor 'Dietz reported that there are two local organizations who
are asking to sponsor one of the next Concerts and that it may
materialize that there would be another Concert on Sunday, December
16th.
(See AMENDMENT attached for the following item)
10. Mayor Dietz stated that concerning the recent authorization of
Council to ~chase five acres of land by the City from Mr. W. J.
snow, it had been determ/ned as a result of recent survey that less
than five mores existed in this piece of property, there being
actually 4.26 acres, and he felt that the purchase price of $7,500.00
should be =edUced since there was not five acres to be purchased.
It was reported that said land ks assessed for tax purposes at
$3,000.00 per acre.
Following discussion, Mr. Avery moved that the Mayor be authorized
to purchase all of Lot 5, SectiOn 29, Township 46 South, Range 43
East, lying west of Florida East Coast Right-of-way except the South
? acres, Plat Book i at Page 4. Palm Beach County, Florida, for the -
total sum of $7~$00.00. The motion was seconded by Mr. Woodard and
upon call of roll, Mr. Avery~ Mr. Talbot, Mr. warren and Mr. Woodard
voted in favor of the motion an~ Mayor Dietz was
10.~.. It was reported that in compiling his proposed budget, the
previous Recreation Director fai.led to provide for additional needed
lifeguards for ~he tourist season, and it has been determined that
there is a definite need for three additional lifeguards on a tempo-
rary basis for a period of approximately 3% months, which constitutes
the main tourist season (December 15th to March ~0th), and request
is made for an appropriation to cover such employment in the amount
of $2,856.00 from the Contingency Fund, it being so moved by Mr.
Woodard. The motion was seconded bY Mr. Talbot and carried unani-
mously.
10. Mr. Woodard stated that several weeks ago the Council authorized
purchase of some fiberglass trash containers for the beach and after
such authorization there had been some informal discussion by the
City Manager of perhaps only purchasing a portion of the number of
containers and alternating these.and the existing containers. Mr.
Woodard f~rther stated that after inspection of the existing contain-
ers he is of the opinion that the full number authorized should be
purchased.
It was reported that there are twelve trash containers on order
with instruction to the City Manager to place them, and to fill in
where necessary with the best of the old containers, and that he is
to report to the Council the ~umber of additional ones that are
needed. It was also reported that'the trash containers being pur-
chased are fiberglass at a price of $70.00 each for a smaller con-
tainer than the originally mentioned containers at $115.00 each.
10. Mr. Woodard state~ that recently the City Manager recommended a
change of parking on the South side of East Atlantic Avenue between
4th and 6th Avenues, in'relation to the placing of new lights, and
at that time the merchants were ind~fferentto a change of parking,'
~ut at this time they are opposed to any change in the present layout
-13- 11-26-62
820
November 26, 1962
of said parking om Atlantic Avenue.
Mr. Woodard then moved that the parking on'the South side of
Atlantic Avenue between 4th and 6th Avenues be retained in it's
current.existing fashion, 'that being angle parking rather than
parallel parking.
Following discussion, it. was agreed that this item would be
placed on the next Agenda and Mr. Woodard's motion was withdrawn.
10. A bili in the amount of $75.80 from Attorney Joh~ Ross Adams
was presented for services rendered in the City's purchase of Lots
10 thru 21, Block 49. Said bill was unanimously ordered paid on
motion by Mr. Warren and seconded by Mr. woodardl
10.b. The following bills for approval were presented:
General ~nd $330,095.87
water Fund- Operating Fund 82,823.66
Special Assessment Fund 544.31
Refundable Deposits Fund 713.47
Interest & Sinking Fund - Water &
Sewer Revenue B~nds Series 1957 & 1961 39,295.25
The bills were unanimously ordered paid on mOtiOn by Mr. Woodard
and seconded by Mr. Talbot.
10. Concerning a report from Finance Director Tom Weber, referring
to the Russell &Axon Water Report, Mr. Talbot stated that he wanted
this item put on the agenda for discussion, and then moved that the
CityManager be instructed to secure a report from a meeting in con-
junctionwith~onference with Paul Nicholls as to recommending all
of .what .Rus~elland Axon recommend as Capitol Investment and Capitol
Improvement, Or what ~art he recommends, for the meeting o~ December
17th. -The motion was seconded by,=.'.Avery and carried unanimously.
10. Mayor Dietz reported that Cityi~Manager H011and had been stricken
with an asthmatic attack and is in the Bethesda ~ospital at this time.
It was made known that Mr. rR. D. Wo~thinghas bee~ appointed by
City Manager Holland to serve in his"ca~&City ifl'an~te~9orary
absence.
The meeting adjourned at 10:55 P.M., on motion by Mr. Woodard.
· R. D.. WOR.T~..ING
City Clerk
APPROVED*.
MA ¥O'R
-14- 11-26-62
November 26, 1962
Amendment to Minutes Of Regular.. M.eeting~ o.f November 26th, 1962.
Pages-5 and 13 of the .Minutes of Regular Meeting of November 26th,
1962 are hereby amended to read as follows:
ITEM 7.b. Page 5. ~. Worthing: "Gentlemen, the following petition
has been received from Attorney Charles Byron Addressed to.the City
COuncil." Letter typed in minutes.
Mr. Woodard: "Mr. Mayor, I am emphatically opPOsed to this. I feel
that it would be totally improper to have the 10~5 BuildinE used in
this manner. ,i
Mr. Talbot; "Mr. Mayor, may I ask the barrister---Is this on the
same basis as when you approve a wine and bee~ license and the County
goes over your head, or do we have comple~ JuPlSdictio~?"
Attorney Adams: "You have a lot more Jurisdiction in zoning than. you
would on denying a license, I would say we can control zoning as
long as you are not discriminatory or a~bitrary, or something."
Mr. Talbot: "I take it this is a new zone."
Mr. Woodard: '~es, the zone now does not provide that a liquor license
can be issued, I believe it's four hundred some odd feet from Atlantic
Avenue and this is considerably :further than that. I haventt made
a motion yet-e-W"
Mr..Avery; "I WoUld l'ike for a point of discussion, Mr..Woodard.,
then wouldn, t it 'be quite.., proper so that' we could have the benefit
of The best thinking that we have at our fingertips that this be'
referred to the Planning/Zoning Board, then they could hold public
hearings on this thing. It would, seem to be that would be the fair
thing to everyone concerned."
Mr. Woodard: "I move that this application be denied,"
Mr. Talbot: "Second the motion." '
Mr, Warren:. "Second." ..
Mayor Dietz: "Any discussion. Mrs. Yates, please call the roll."
Mr. Avery: ."No."
Attorney Charles Byron spoke from the audience.
Mayo~ Dietz: "There is a motion in order.. You are out of order.
What was your motion?"
Mr. Woodard: "I move that the application for the transfer of the
license be denied."
Mayor Dietz: ~'~Zea. Mrs. yates, call the roll."
Mr. Avery: "No." Mayor Dletz, Mr. Talbot, ~Mr. Warren and Mr,
Woodard "Yes."
Ma~or Dletz: "Now, Counselman Byron, yes."
Attorney Byron: "It would be sort of futile at this point Mr. Mayor,
after it has been voted on?"
Ma 0r : '
Dietz: "¥ou never inter~tpt when a vote is being"~aken, sir,
under Robertts Rules.~
Attorney B~on: "WOuld it avail me s.n~h;I.r~ at this point
Ma¥o~. Diet~.: "yes, you would be on the record."
~age 1, Amendmen*; -~ - - 11-~6-62
November 26, 1962
SECOND tV~EM 10. Page 13. Mayor Dietz commented as follows: "Bobs,
you had ~omething .~hat'you brought upI this afternoon that has dis-.
turbed' me, :th~$' ~ . bought five acres of land and paid $7,500.00
' for it. NOw ~ surveyed it and find that it,s ~.26 acres and the
way I figure is we should get .a refund o..n that of $1,125.00 because
the five acres of land at $7,$00.00 was $1,50~0.00 an acre. We
th~ought.we were buying five acres., We are 3/4 of an acre short,and
3/4 of $1,500.00 would come to $1,125.00 and since I voted for the
purchase I think that something should be done before ltts executed
to make the adjustment because otherwise we would be paying $1,760.00
an acr~e for the duz~ ground.."
City Attorney Adams: "Please don't misunderstand. We h~ven't bought
anything. We have drafted a contract and they have executed it and
I asked it .to be brought back with an explanation that there is a
variance in the description. We haventt bought anything. We are not
obligated or anything."
Mayor Dietz: "Ail I ~am asking now is that we don~t buy it until I
find 'out if we ~are going to get an adJus~aent, he.camac we thought we
were buying five acres and we find we are buying 4.26. If ~ was buy-
ing something with my own money -~ five ac~es, I would~ expect five
acres, a~d if you gays me four then I want an adjustment if I was
spending my own money, and I think the City is entitled to that."
Mr. W~od~ard~ "Mr. City Clerk wha~ was the appraised figure ~n the
property which we purchased for $?,500.00~"
Mr, WO~ng~ "Far in excess of that which you paid. The land is
asse~ae~!~mt~ $3~000 an~ acre and there ~is much contiguous land aSSess-
ed at ~,.O00.OO an acre."
Attorney Adams: -~I would like to have some kind of a motion to
authorize the Mayor, if it is the intent of the Council, to execute
the contract I have prepared. I Just didn,t want this to come up
several years ~er-~-If anything did come up. I think Mr. Worthing
explained that there is a Railroad track that runs diagonal across
there and the man didn't know that it wasn't five acres until we got
hold of a~au~V.~y."
Mr. Avery: "I would like to point Out also that the man had another
offer to sell ~and we had him cancel that with our purchase, if I~m
not mistaken, Isn't that correct? Mr. Mayor, I move that the
Mayor be a~uthorized to execute the purchase or'all of Lo~t ~,
Tow~sh~D ~6 South, Range ~3~ East, lying west of Florida East Coast
Right-of-way except the South 7 acres, Plat Book 1 a~ Page ~o Palm
Beach County, Florida, for the total sum of $7,500.00."
The motion was seconded by Mr. Woodard and upon call of roll, Mr.
Avery, Mr. Talbot, M~. Warren and Mr. Woodard voted in favor of
the motion and Mayor Dietz was opposed.
R. D. WORTRING
~ Cl~ Clerk
~PPROV~D:
M ~"Y O R -'
Page 2, Amendme~t-~-'~l~26'6~
Delray Beach, Florida
November 26 . , 1962
The City Council of the City of Delray Beach, Palm Beach
County~ Florida, met in _ regular public session at
~he regular meeting place of the City Council in the City Hall in
the C1ty'of Delray Beach at .. ~ . o'clock R.M. on
.. 26 ', 1962, with Mayor . Walter Dietz and the follow.-
lng members present:
Councilman Al. C. AVery
Counc ii man G$orge
Councilmsn q~,ver W. ~ood~d~
Absent: N~e
There were also present ._ _R. D~ wn~tb~g , City
Clerk, Robert J. Holland ., City Manager, and
Jgbn Eoss Ad~m$ , City Attorney.
After the meeting had been duly called t~ order by the
Mayor and the minutes of the preceding meeting had been read and
approved the following resolution was introduced in written form by
R. D. Worthing , was read in full and discussed.
PUrsuant to motion made by Oliver W- Wood~d: .T~ _ and seconded
by George V. Warren , the resolution was adopted by
She following vote:
.... AYE: Councilman Al. C. Aver~
, Mayor Walter Dietz
Councilman George Talbot~ Jr.
. Councilman George V. Warren
Councilman Oliver ~. Wooaara~ .Jr,
NAY: None.'
The resolution .is as follows:
A RESOLUTION authorizing the issuance of
~1,500,000 Water and Sewer Revenue Bonds,
Series 1962, of the City of Delray Beach
for the purpose of making imDrovements and
extensions to the sanitary sewer system of
said city, providing forthe sale of said
bonds, providing for the security and payment
thereof and making certain provisions in
that connection.
WHEREAS the City Council of the City of Delray Beach has
determined it necessary and essential to ~he health and well being
of the inhabitants of said city to make improvements and extensions
to the sanitary sewer system of said city and to finance the cost
thereof through the issuance of revenue bonds under Chapter 18~'of the
Florida Statutes as more specifically hereinafter provided; and
WHEREAS in order Ko secure the payment of such bonds the
city desires to pledge to the payment thereof certain revenues to
be derived from the operation of the waterworks plant and system of
said city and the sanitary sewer system of said city, in accordance
with Section 18~.1~ of the Florida Statutes; and
WHEREAS the net revenues to be derived by said city from
the operation of its waterworks plant and system have been pledged
to the payment of certain Water Revenue Certificates, Series i957,
originally issued in the amount of $1,378,000 and now outstanding
in the amount of $1..285,000 , pursuant to ordinance adopted
on July 5, 1957, by this City Council; and
WHEREAS the net revenues to be derived by said city from
the operation of its waterworks plant and system and its sanitary
~sewer system have been pledged to the payment of certain Water and
Sewer Revenue Bonds dated December 1, 1961, originally issued and
now outstanding in the amount of $500,000 pursuant to resolution
adopted on November 6, 1961, by this City Council; and
WHEREAS under the provisions of Section 12 of said ordinance
of July 5, 1957, and Section 11 of said resolution of November 6, 1961,
--2--
the city of Delray Beach may issue obligations on a parity with said
Water Revenue Certificates, Series 1957~ and said Water and Sewer
Revenue Bonds if certain conditions prescribed in said sections are
satisfied; and
WHEREAS the average annual net revenues of the waterworks
plant and system of said city for the last two fiscal years have been
equal to $ ~72~711 , which is more than one and one-fifth
times $ ~08,485 , the highest combined interest and principal
requirement for any succeeding fiscal year of all certificates author-
ized by said 6rdinance and all bonds authorized by said resolution
now outstanding and (assuming a maximum interest rate of ~
per annum) of the obligations .h'erein authorized~ the estimated net
revenues for the first two completed fiscal years following the
placing in operation of the additional~facilities to be acquired
with the proceeds of the bonds herein authorized, by reason of the'
operation of said additional facilities, is $ 280,550 . , seventy-
five per cent of one-half of which 'is $105,206 , resulting in
a ~total of $ 377,917 average annual net revenues allow~
able under the test required for the issuance of'such parity obliga-
tions,' said total being more than one and one-half times the afore.
~..mentioned highest combined principal and interest requirement; the
payments required by said ordinance and resolution to be made into
the City of Delray Beach Water Revenue Certificates, Series 1957,
Interest and Sinking Fund created by said ordinance ar~ current;
the obligations herein authorized are payable as to principal on
Juh'e i of each year in which principal falls due and are~payable
as to interest on Jure I and Decemb'er i of each year; the proceeds
of the obligations herein authorized shall be used Solely for the
making of improvements and extensions to the city's sanitary sewer
collection, treatment and disposal system; and therefore all con-
ditions for the issuance of Such parity obligations are satisfied;
.-3
NOW, ~HEREFORE, Be It Resolved by the City Council of the
City of Delray Beach, Palm Beach County, Florida:
Section 1. That it is hereby found and declared as
follows:
(a) That the estimated cost of the sewer improvements
to be made with the proceeds of the bonds herein authorized, in-
cluding all proper incidental, engineering, legal and fiscal Costs
is $1,500,000;
(b) That the estimated annual revenues of the sewer
system (as hereinafter defined) is $_162.,780 and the esti-
· mated annual water revenues to become available for the payment of
the bonds herein authorized 1~ $ ~9~7~ ~
(c) ~hat the estimated annua~ cos~ pf maintaining, rep3iring
and operating said sewer system is $ R5~480 ~ and
(d) That on the basis of such estimates the annual revenues
of said sewer system, with the water revenues pledged ~o the payment
o£ principal of and interest on ~he bonds herein authorized, will be
sufficient to pay such cost of maintenance, repair and operation and
the interest on such bonds and the principal thereof as such interest
,.and principal shall become due.
Section 2. That as used herein the following terms shall
have the following meanings unless the context otherwise clearly
indicates:
(a) "City" means the City of Delray Beach.
-.~ - '" (b) "Bonds" means the $1,500,000 Water and Sewer Revenue
Bonds, Series 1962, herein authorized.
(c) "Water Revenue Certificates" means the Water Revenue
Certificates, Sebies 1957, of the City of Delray Beach,. dated June l,
1957, originally issued in the amount of $1,'378,000 and now outstanding
in the amount of $ 1~285,000
(d) "1961 Bonds" means the Water and Sewer Revenue Bonds
of the City of Delray Beach dated December l, 1961, originally issued
and now outstanding in the amount of $500,000.
(e) "Water RevenUe Certificate Ordinance" means the
ordinance adopted by this City Council on July 5, 1957, authorizing
the Water Revenue Certificates.
(f) "1961 Bond Resolution" means the resolution adopted by
this City Council on November 6, 1961, authorizing the 1961 Bonds.
(g) "Bond Fund" means the "Bond Fund" or "City of Delray
Beach Water Revenue Certificates, Series 1957, Interest and Sinking
Fund" created by the Water Revenue Certificate Ordinance.
(h) "Parity bonds" me~ns all obligations to be issued on
a parity with the bonds hereiM authorized under Section ll hereof.
(i) "First lien obligations"~ means Water Revenue Certifi-
cates, the 1961 Bonds, the bonds herein authorizedand all parity
bonds.
(J) "Water system" means the complete waterworks plant and
system of the city as it now exists and may hereafter be improved and
extended, consisting of all real and personal property of every nature
owned by the city and used or useful in the operation thereof whether
~-.within or without the boundaries of the city.
(k) "Sewer system" means the complete sanitary sewer
collection, treatment and disposal system of the city as it now
exists and may hereaft'er be improved and extended, consisting of
all real and personal property of every nature owned by the city
an'~' used or useful in the operation thereof whether within or without
the boundaries of the city.
(1) "Combined public utiiity" means the water system and
the sewer system.
'(m) "Fiscal' yea~" means a twelve-month perio~ commencing
on October I of each year and ending on the last day of September of
the next succeeding year.
Section B. That fo? the purpose of obtaining funds to make
necessary improvements and extensions to the sewer system, including
the payment of proper incidental, engineering, legal and fiscal costs,
there shall be borrowed upon the credit of the income and revenues
hereinafter pledged the sum of $1,500,000, and that in evidence of
· the sum to be so borrowed there be issued $1,500,000 dater and Sewer
Revenue Bonds, Series 1962, of the city. The improvements and ex-
tensions to be made with the proceeds of the bonds herein authorized
shall consist of the following:
Construction of collection system, intercepters, force'mains
and lift stations in accordance with plans and specifications prepared
by Russell & Axon, consulting engineers.
Said bonds shal~ be in the total aggregate principal amount
oD..$1,50Oj000, shall be dated December l, 1962, shall be in the denom-
ination of $1,000 each, shall be numbered from I to 1500, inclusive,
and shall bear interest from date until paid at such rate or rates
not in excess of six per cent (6%) per annum as may be determined by
resolution to be adopted by the City Council at or subsequent to the
sale of the bonds, which interest shall be payable June l, 1963 and
semi-annually thereafter on the first days of June and December of
each year. The bonds shall be payable as to both principal and inter-
est in lawful money of the United States of America at The Chase
Man~attan Bank in the City of New York, New York, and shall mature
serially in numerical order on June i of each of the years as follows:
BOND NUMBERS AMOUNT YEAR
i to 25 $ 25,000 1969
26 to 50 25,000 1970
51 to 75 25,000 1971
76 to 100 25,000 1972
101 to 125 25,000 1973
126 to 150 25,000 1974
151 to 180 30,000 1975
181 to 210 30,000 1976
211 to 240 30,000 197~
241 to 275 35,000 197~
276 ~o 310 35,000 1979
311 to 345 35,000 1980
346 ~o 380 ~' 35,000 1981
381 to 415 35,000 1982
416 to 255 40,000 1983
456'to ~95 40,000 1984
496 to 540 45,000 1985
541 to 585 45,000 1986
586 to 630 45,000 1987
631 to 675 25,000 1988
676 to 725 50,000 1989
726 to 775 50,000 1990
776 to 825 50,000 1991
826 to 875 50,000 1992
876 ~o 985 110,000 1993
986 to 1~50 165,000 1994
llS1 to 1325 175,000 1995
1326 to 1500 175,000 1996
~'~Bonds numbered 126 to 1500, inclusive, shall be callable for redemption
at the option of the city in inverse numerical order on June l~ 1973,
and on any interest payment date thereafter at the principal amount
thereof plus accrued interest to the date fixed for redemption and a
Rr~mium of $40.00 for each bond so redeemed on or prior to December l,
1978, $30.00 for each bond so redeemed thereafter on or prior to
December l, 1984, $20.00 for each bond so redeemed thereafter on or
prior to December l, 1990, and $10.00 for each bond so redeemed there-
after prior to maturity.
Notice of.redemption shall be given not less than thirty days
prior ~o the date fixed for redemption by the fi~ing of an appropriate
notice with the above named paying agen$ bank and the publication of
an appropriate notice one time in a financial newspaper or journal
~published in the City of NeN York, New York. If any bond which is
called for redemption is at the time of such call registered as to
p~incipal, thirty days notice of redemption shall be given by
registered mail to the registered holder at the address shown on
the registrar's registration books.
Said bonds shall be registrable as to principal only
in the manner and with the effect prescribed in Section 6 hereof.
Section 4. That said bonds shall be signed by the
Mayor of the city, shall be attested by the Clerk and shall be
endorsed by the City Attorney (the signatures of said City Clerk
and City Attorney being by facsimile) and shall have imprinted
thereon a facsimile of the o°~ficial seal of the City of Delray Beach.
Interest accruing on said bonds on a~ prior to maturity shall be
evidenced by coupons tS be thereto attached, which coupons shall
be signed by said Mayor and Clerk by their facsimile signatures
and said officials by the execution of said bonds shall adopt as
and for their own proper signatures their respective facsimile
signatures on said coupons.
Section 5. That the bonds herein authorized shall
not be payable from or charged upon any funds of the City of
Delray Beach, other than the revenues to be derived from the opera-
tion of the water system and sewersystem as' hereinafter provided,
nor shall the City of Delray Beach ever he'subject to any pecuniary
liability thereon. No holder or holders of any of the~bonds shall
ever have the right to compel any exercise of the taxing power
of the City of Delray Beach to pay any of the bonds or'interest
thereon or to enforce payment thereof against any property of the
city and such bonds shall not constitute a charge, lieh or
encumbrance, legal or equitable, upon any property of the city,
other than the revenues received from the operation of said systems.
Se6tion 6. That the bonds and the coupons to be thereto
attached shall be in substantially the following form:
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF PALM BEACH
CITY OF DELRAY BEACH
WATER AND SEWER REVENUE BOND, SERIES 1962
Number $1,000
KNOW ALL MEN BY THESE PRESENTS that the City of Delray
Beach, a duly organized and existing municipal corporation in Palm
Beach County, Florida, for vaiue received, hereby promises to pay
to bearer, or, if this bond '~e registered then to the re~i~hered
holder, in the manner and from the f~nds hereinafter provided, the
sum of One Thousand Dollars ($1,000) on the first day of June, 19
and to pay from said funds interest on said sum from the date
hereof until payment of principal-at the rate of
per cent ( %) per annum, payable June l, 1963 and
semi-annually thereafter on the first days of June and December of
each year, such interest to maturity being payable only upon pre-
· -' sentation and surrender of the annexed interest coupons as the
same severally become due. Both principal of and interest on this
bond are payable in lawful money of the United States of America
at The Chase Manhattan Bank in the City of New York, New York.
This bond is one of an issue in the amount of $1~500,000,
..... ' all of like date, tenor and effect, except as to (interest rate,)
maturity and option of redemption~ issued by the City of Delray
Beach, under the provisions of .Chapter 184 of the Florida Statutes,
for the purpose of paying the cost of improving and extending the
sanitary sewer system of said city. Said bonds are payable solely
-9-
from and, together with certain Water Revenue Certificates, Series
1957, and certain Water and Sewer Revenue Bonds dated December 1,
1961, of said city and such obligations as may hereafter be issued
on a parity therewith, ;secure~ by first pledge of the net revenues to be
derived from the operation of the waterworks plant and system and
'sewer system of said city. The City of Delray Beach is not obligated
to pay said bonds or the interest thereon except from such revenues
and the faith and credit of.said city are not pledged to the payment
of the principal of or interest on said bonds. Ihe issuance of said
bonds shall not directly or indirectly or contingently obligate
said city to levy any ad valorem taxes whatever therefor or to make
any appropriations for their payment except;from the aforesaid
revenues, This bond does no~ constitute aa indebtedness of the
City of Delray Beach within the me'anOn9 of any constitutional or
statutory limitation of indebtedness and shall not constitute a
charge, lien or'~ encumbrance, legal or equitable, .upon any property
of said city.
This bond may be registered in the manner and with the
effect prescribed on the back hereof.
Bonds numbered 126 to 1500, inclusive, of the issue of
which this is one are callable for redemption at the option of the
city in inverse numerical order on June 1, 1973, and on ~ny interest
payment date thereafter at the principal amount thereof plus .accrued
interest to the date fixed for redemption and a premium of $~0.00
for each bond so redeemed on or prior to December 1, 1978, $30 00
for each bond so redeemed thereafter on or prior to December 1, 1984,
$20.00 for each bond so redeemed thereafter on or prior to December
1, 1990 and $10.00 for each bond so redeemed thereafter prior to
maturity. Notice of redemptio~ is to be given no% less %hah thirty
days prior to the date fixed for redemption by the filing of an
appropriate notice with the above named paying agent bank and the
-10-
,.~ubi~cation' of an appropriatenotic~ one time in a finanQ~al
newspaper or Journal published in the City of New York, New
If any bond which is called for redemption is at the time of such
call registered as to principal, thirty days notice of redemption
shall be given by registered mail t~ the regis'tered holder at the
address shown on the reglstrar's rtgistration books.
The City of Delray Beach has covenanted and hereby cov-
enants and agrees at all times while this bond, or any bond of the
issue of which it is a Part, is outstanding and unpaid to fix
and maintain such rates for water and services furnished by said
plant and systems and will segregate and apply the income derived
therefrom in the manner provided by the authorizing resolution
so that said revenues will at all times be fully sufficient to
operate and maintain said plant and systems and to pay principal
of and interest on said bonds~ ~nd all the obligations ranking on
a parity therewith promptly a~ each falls due and to make available
for purposes Junior in priority to.current principal and interest
requirements of all such obligations an amount at least equal to
twenty-five per cent of such requirements For a more particular
statement of the covenants and provisions securing the bonds,
reference is made to the ordinance and resolution adopted by the
Council of the City of Delray Beach on July 5, 1957 and
1962, respectively, authorizing said Water Revenue Certificates
and the bonds of this issue.
It is hereby certified~ recited and declared that all
acts~ conditions and things required to exist, happen and be
performed precedent to and in the issuance of this bond have
existed, have happened and have been performed in due time, form
a~ manner as required by law. The bonds of the issue of which this
is one a~e declared by law to have all the qualities and incidents
of negotiable instruments Under the Negotiable Instruments Law
of the State of Florida.
This bond is one of an issue of bonds which were validated
and confirmed by decree of the Circuit Court of the Fifteenth Judicial
-ll-
(Provision for registration of bonds)
The within bond may be registered in the name of the
holder as to principal only on books to be kept bM the 0ity Clerk
of the City of Delray Beach, as Registrar, such registration to be
noted °hereon in the registration blank below, afte~ which no ~rans-
fer shall be valid unless ~ade on said books by the registered hol-
der or his attorney thereunto duly authorized and similarly noted
in said registration blank belowj b~t this bond may be discharged
from registration by being transferred to bearerj after which it
shall be transferable by delivery but may be again registered as
before. Such registration shall not impair the negotiability by
delivery of the coupons hereto attached.
(No writing in this blank except by Registrar)
Date of
Registration Na~e of Registered Holder Signature of Registrar
Section ?. That from and after the issuance of any of
the bonds herein authorized the combined public ~tillty shall con-
tinue to be operated on the basis of a fiscal year as defined in
Section ~ hereof. On that basis, so long as any of the Water Reve-
nue Certificates or any of the 1961 _Bonds are outstand.inE, all income
and revenues of every nature derived from the operation of the
wa~er system shall be set aside into the Revenue Fund created by
'"Section 7 of the Water Revenue Certificate Ordinance .(hereinafter
sometimes called the "Water Revenue Fund"), and all income and
revenues of every, nature derived from the operation of the sewer
system shall be set aside into the Sewer Revenue Fund created by
Section 7 of the 1961 Bond Resolution;..pro31ded, however, that
after retirement of all of said Water Revenue Certificates and
1961 Bonds, all revenues of the combined public utility may be
set aside into a separate and special fund to be known as the
"Water and Sewer Revenue Fund" to be held by the Delray Beach Nati~
al Bank of Delray Beach, Floridaj or such other other bank or banks
as may be designated from time to time by the Council of the City
of Delray Beach. Any such bank must be a member of the Federal
Deposit Insurance Corporation and all such funds so deposited must
be secured as required for municipal funds under the laws of the
State of Florida. Such fund or funds shall be held by the said bank
or banks in accounts separate from all other city accounts, to be
paid out only for the purposes and under the circumstances herein
provided. Nothing in this section shall be so construed as to pre-
vent the making of reimbursement to a subdivider from the revenues ~
\
received from the customers in any subdivision before any remaining
revenues received from such 66stomers are paid into any of the afore-
mentioned funds pursuant to ~ny agreement between the city and any /
such subdivider executed prior to thc delivery of the bonds.
There shall first be paid from the money in the Water
Revenue Fund and the Sewer Revenue Fund or the Water and Sewer
Revenue Fund into a fund, to be held by a bank selected by the city,
known as the Operation and Maintenance Fund, from time to time as
needed, money sufficient to pay the reasonable and necessary expen-
ses of operating and maintaining the combined public utility. Said
expenses are hereby defined as those expenses reasonably incurred
in the normal operation of.the combined public utility and do not
include the cost of additions~ extensions or other capital improve-
mentsj nor any allowance for depreciation of capital assets. Money
in the Operation and Maintenance Fund shall be expended as needed by
the city for such expenses of operating and maintaining the combined
public utility~ but to the extent required by the rights of the
holders of the outstanding Water Revenue Certificates and 1961 Bonds,
payments for operating and maintaining each system shall be made
only from the revenues of that system. Joint expenses shall be
equitably allc~ed between the two systems as the Council may determine.
From the money in the Water Revenue Fund mhd the Sewer
Revenue Fund or the Water and Sewer Revenue Fund remaluing after the
aforementioned payments into the Operation and ~intenance ~und,
there shall be paid into the Bond Fund created by t~ Water Revenue
Certificate Ordinance such amount of the gross revenues of the com-
bined public utility in each fiscal year as will be fully sufficient
~o pay all principal of mnd interest on all first lien obligations
~alling due in such fiscal year and to accumulate and maintain the
reserve therein as hereinafter required. The bonds herein author-
ized shall be payable from said Bond Fund as to principal and inter-
est on a parity with said Water Revenue Certificates and 1961 Bonds
and there shall be paid into the Bond Fund all accrued interest re-
ceived from the purchaser upon, delivery of the bonds.
All payments into t.he Bond Fund shall be made monthly, on
or before the fifteenth day of each m~nth, as herein provided by
the Treasurer to the First National B~nk of Delray Beach~ Delray
Beach~ Florida~ and shall be held by said bank as a tr~s$ account
solely for the purpose of paying principal of and interest and re-
demption premiums on all first lien~obligations. The Bond Fund,
including the reserve~ shall be continually secured to the ful!est
extent permitted or required by the banking laws of the State of
Florida for the securing of public funds, and shall be irrevocable
and not wi~hdrawable by anyone for any purpose other than ~or the
payment of principal of and interest and redemption premiums on
obligations payable therefrom. It shall be the duty of said bank
on May 15 and November 15 of each year to transmit from the mc~ey
~iM'said fund to the paying agent bank such amount as may be needed
for the payment of interest~ or principal and interest~ falling due
on the next succeeding June I or December l~ as the case may be.
From the money in the Water Revenue Fund and the Sewer
Revenue Fund or the Water and Sewer Revenue Fund not expended for
the cost of operating and maintaining the combined public utility
in each fiscal year and not paid into the Bond Fund in such fiscal
year, there shall be paid in each fiscal year into the Renewal and
Replacement Fund created by the Water Revenue Certificate Ordinance,
whenever and to the extent necessary tO accumulate and maintain
said fund in the amount of~$50~000, a sum equivalent to five per
cent of the gross revenues derived from the operation of both
systems in the preceding fiscal year. Money in said fund shall be
used to pay the cost of making renewals, extensions, replacements
or improvements to the water system andj to the extent not in
conflict with the rights of the holders of the Water Revenue Oerti-
ficates, to the sewer system when the making thereof has been recom-
mended by the engineer who is at the time serving as the consult-
ing engineer for said systems. Money in said fund shall also be
used for the purpose of paying principal or interest, or both,
payable from the Bond Fund galling due in any year for the payment
of which there is not money in the Bpnd Fund, including the reserve
therein, and as to which there would otherwise be default. The
money in the Renewal and Replacement Fund may, in the discretion
of the Council, be invested in direct obligations of the United
States of America maturing not later than five years from date of
purchase, in which event the obligations so acquired shall be held
to the credit of said fund. In the event money so invested is
needed for the purposes for which the fund is herein o~ea~ed such
inves~me'nt shall be liquidated to the extent necessary.
Interest on and profits derived from the sale of invest-
ments shall be added ~o the fund from which said investments were
made. When the amoun~ in the Bond Fund, includtng the reserve, and
~n the Renewal and Repla0ement Fund shall in.the aggregate be equal
~o the amount of all principal and interest to maturity or all
principal and interest to the next redemption date plus redemption
premiums then applicable on all first lien obligations outstanding,
further pay~nts into said funds may be discontinued, and the money
in said funds shall be used for retirement or redemption of such
outstanding obligations.
In addition $o the amounts above required, to be paid
into the Bond Fund, be~inning with the completion of the entire sewe~-
age project of which-the improvements and extensions to be made with
the proceeds of the bonds herein authorized are a part, there shall
be ~a~d into the reserve portion of said fUnd such amount in each
fis~cal year as Will cause the reserve to be built up, in a period
of sixty months to an amount equal to the largest amount of principal
and interest which will be payable from the Bond Fund in any future
twelve months' period~ including principal of and interest on the
bonds herein authorized. The reserve comprising such surplus shall
be maintained for the purpose of paying principal and interes$
payable from the Bond Fund falling due in any year ~ to which
there would Otherwise be default. If at any time it is necessary
to use moneys in said reserve, for the payment of interest or
principal, the moneys so used shall be replaced from the first
revenues thereafter received from the operation of either system
not required to be used for maintenance and operation expenses
and for the payment of current principal and interest, it being
the intention hereof that there shall be maintained in the Bond
Fund, in addition to the amount required for payments during the
current fiscal year, an amount sufficient to pay the largest amount
~.. of principal and interest payable from the Bond Fund in any future
twelve months' period as aforesaid. The money in She reserve
may, in the discretion of the Council, be invested in direct
obligations of the United States of' America, in which event the
obligations so acquired shall'be held to the credit of the Bond
FUI~d, and in the event the money in the reserve which has been
so invested shall be needed for the payment of principal or interest,
the bank holding the Bond'Fund shall, without specific inst~ctions
from the city, liquidate as many of the obligations so held as may
be necessary and have the proceeds of such liquidation applied to
the payment of p~i~cipal and interest.
After %he payments above required have been made in each
fi. seal year, eno any deficiencies which may exist from prior years
hay9 been remedied, the money remaining in the Sewer Revenue Fund
shall be regarded as surplus, and may be used for any lawful corpor-
ate purpose.
After retirement of all of the Water Revenue Certificates
and all the 1951 Bonds, all money remaining in th~ Water Revenue
Fund and the Sewer Revenu9 Fund or the water and Sewer
Fund in each month in which all installments due during that month
and all previous months (assuming equal monthly installments of
payments required to be made annually) have been paid may be used
pay the cost of improvemen-ts 'and extr, nsions to the combined public
utility, to pay principal o~ ~nd interest aha redemption premiums
on junior lien obligations issued fo~ such purpos,~, to retire first
lien obligati~ons prior to maturit~ either through call for redemp-
tion or purchase on the open market at a price no higher than that
at whi~:h the same first lien obligations may be called for redemp-
tion on the next available redemption date, or to pay principal of,
interest and redemption premiums on and reserve requirements for any
or all of the $1,100,000 Utilities Vax aevenue Certificates, Series
1967, which the city expects to issue for paying the cost of certain
improvements to the sewer system, or for any other lawful purpose.
Section 8. Ihat so long as any of the bonds herein au-
thorized remains outstanding, the city will maintain and carry,
for the benefit of the holders of the bonds insurance on the physi-
Cal properties of the combined public utility of the kinds and in
the amounts normally carried by private companies engaged in the
operation of similar'properties. ~he city will also carry adequate
public liability insurance. All moneys received for losses under
any such insurance policies, except public liability policies, are
hereby pledged by the City of Oelray Beach as security for the ob-
ligations payabl~ from the revenues of the damage~ property until
and un~ess such proceeds are paid out in making good the loss or
r
damage in respect of which 'such proceeds are received, either by
repairing the property damaged or replacing the property destroyed,
and adequate provision for making good such loss and damage made
within ninety days from the date of the loss. The ~ayment Of prem-
lums ~or all insurance policies required under the provisions of
this section shall be considered to be maintenance and operation
expenses.
Section 9. That the city covenants 'and agrees that so
long as any of the first lien obligations remain outstanding proper
books of record and a~count will be kept by the city, separate and
apart from all other records'a.nd accounts, showing complete and'
entries of all transactions relating to the water
correct
system.
and the sewer system, and that the holders of any of the first lien
obligations, or any duly authorized ~gent or agents of such holders,
shall have the right at all reasonab'le times to inspect all records,
accounts and data relating thereto and to inspect the system and all
properties comprising the systems. The city further agrees that it
will within sixty days following the close of each fiscal year
cause an audit of such books and accounts to be made by an inde-
pendent firm of certified PUblic accountants~ showing the receipts
and disbursements for account"of each system, and that such audit
will be available for inspection by the holder of any of the first
lien obligations. Each such audit in addition to whatever matters
may be thought proper by the accountant to be included therein,
shall includethe following:
...... ~ .... 1. A statement in detail of the income and e~penditures
of each system for such fiscal'year.
~ 2. A balance sheet as of.the end of such fiscal year.
B. The accountant's comment regarding the manner in
which and extent to whi'ch the city has carried out the requirements
of this resolution and the Water Revenue Certificate Ordinance and
the accountant's recor~endation for any change or improvement in
the operation of either system.
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4. A list of the insurance policies in force ak the end
of the fiscal year, setting out as to each policy the amount of
the policy, the risks covered, the name of the insurer and the
expiration date of the policy.'
5. The number of mete~$~ water customers, the number of
~nmetered water customers, if an~, the n~mber of hydrants con-
nected to the water system~ and the number of applications for
water service on hand existing at the end of the year.
6. The number of gallons of water shown to have passed
through the master meter of the city during such fiscal year, the
number of gallons of wa~er billed~ the estimated number of gallons
of water used for flushing mains and for extinguishing fires, and
the number, of gallons of water unaccounted for.
7. The number of Droperties connected to the sewer system
at the end of the fiscal year and the number of properties to which
sewer service is available and which'are not connected to said sys-
tem at the en8 of the fiscal year.
8. The number of aDplications for sewer service on hand
at the end of the year and the number of applications for s~ch
service received during such fiscal year.
9. A statement showing the balances existing at the
beginning and end of the fiscal year in the Bond Fund, including
the reserve therein~ together with all deposits and withdrawals
made during said fiscal year and the monthly deposit requirements
for each such fund during the next succeeding fiscal year.
10. The total billings for such fiscal year and the
. a~erage monthly billing per customer.
ll. All schedules of ra~es and charges imposed for water
and sewer service during the fiscal year.
The city agrees to furnish a copy of each such audit
to the holder of any of the first lien obligations at his request
after the close of each fiscal year, and that any such holder shall
have the right to discuss with the accountant making the audit the
contents of the audit and to ask for such additional information as
he may reasonably require. The city further agrees that it will
furnish the original purchaser of the bonds and all parity bonds and
any holder, upon request, monthly operating reports of both systems
in reasonable detail, and that it will mail each such report to the
last known address of such purchaser or holder not later than fif-
teen days after the close of the month covered thereby.
Section 10. That the City of Delray Beach covenants and
agrees with the holder or holders of any of said first lien obliga-
tions that it will faithfully and punctually perform all duties
with respect to each system required by the laws of the State of
Florida, and that it will fix and collect sufficient rates and
charges for water and sewer services furnished by the combined pub-
lic utility and will segregate and apply the income derived there-
from in'the manner provided by this resolution so that said reve-
nues will at all times be fully s~ff~cient to operate and maintain
the combined purblic utility and to pay principal of and interest
on said first lien obligations promptly as each falls due and to
make available for purposes Junior in priority to current principal
and interest requirements of all first lien obligations an amount
at least equal to twenty-five per cent of such requirements. The City
of Delray Beach further irrevocably covenants, binds and obligates
itself not to sell., lease, encumber or dispose of either system or
any substantial' part thereof until all of the first lien obligations
have been paid in full as to both principal and interest, and further
covenants~nd agrees with the holders of said first lien obligations
.~ maintain said combined public utility in good condition and. to
maintain a continuous and sufficient supply of water for distribu-
tion by the water system.
The city further covenants and agrees that every officer,
agent or employee of the city having custody or control of any of
the moneys derived from the operation of the-combined public utility
shall be bonded by a responsible corporate surety in an amount not
r: -21-
less than the greatest amount reasonably anticipated to be within
the custody or control of such officer, agent or employee at one
time. The premiums on such surety bonds shall be paid by the city
as reasonable and necessary expense of operation.
That the city agrees to submit unit bills for water and
sewer service to each person or firm liable for the payment of water
and sewer charges and not to accept payment for one type of service
only. If any water user shall become delinquent for more than
sixty days in the payment of water or sewer charges, or both, ~he
city will promptly shut off the supply of water to such user and
will not resume such supply until all delinquent charges and pen-
alties, including a reconnection charge of not less than $1.50,
have been paid. A user shall be deemed delinquent if he has not
paid the full amount of any bill within thirty days after it shall
have been mailed to him.
Section ll. That all first lien obligations shall enjoy
complete parity of lien on the revenues of each system despite the
fact that any of said obligations may be delivered at an earlier
date than any other of said obligations. The City of Delray Beach
expressly covenants and agrees that it will issue no other bonds
or obligations of any kind .or nature payable from or enjoying a
lien on the revenues of either systemjprior to or on a parity with
the bonds herein authorize~.
The provisions of t~e above paragraph are subject to the
exception that if prior to the payment of the bonds herein author-
ized, it shall be found desirable to refund any first lien obliga-
tion, said obligat~ons or any par~ thereof may be refunded with the
consent of the holders thereof (except that as to matured obliga-
tions or obligations which have been properly called for redemption,
such consent shall not be necessary) and the refunding obligations
so issued shall enjOy complete equality of lien with the portion of
the obligations which is not refunded~ if any there be, and the
-22-
refunding obligations shallcontinue to enjoy whatever priority of
lien over subsequent issues may have been enjoyed by the obligations
refunded~ provided~ however~ that if only a portion of the outstand-
ing first lien obligations is so refunded~ no refunding obligation
may bear~interest at a rate higher or mature at a date earlier than
the obligation refunded thereby without the consent of the holders
of the unrefunded portion of said first lien obligations.
The provisions of the second above paragraph are subject
to the further exception that the city may issue additional obliga-
tions on a parity with the Water Revenue Certificates~ the 1961
Bonds~ and the bonds herein authorized upon compliance with all
terms and conditions set out for the issuance of such parity'obliga-
tions in Section 1R of the Wa~er Revenue Certificate Ordinance.
Upon ~etlrement of~ all Water Revenue Certificates and
1961 Bonds~ such additional obligations may be issued if all the
following conditions are met:
(a) The average annual net revenues of the combined
public utility for the two completed fiscal years immediately
preceding the issuance of the additional obligations m~st
have been equal to one and one-half times the highest com-
bined interest and principal requirements for any succeeding
fiscal year on all first lien obligations then outstanding
and on the obligations so proposed to be issued. "Net
revenues" for the purposes of this paragraph and the other
paragraphs of, this section shall be understood to refer to
the gross revenues of the combined public utility remaining
after there have been deducted therefrom the reasonable ex-
penses of operating-and maintaining the combined public
utility. If during the aforesaid two completed fiscal years
ra~es imposed' for services furnished by all or any pa.rt of
said combined public utility shall have been increased the
engineer who is serving as the consulting engineer for the
combined public utility may determine, the additional net
-23-
reven~es resulting from such rase increase for the period
it shall have been in effect a~d may add to the net revenues
determJ,ued as above prescribed seventy-five per cent (75%)
of the additional net revenues which in his opinion, based
on such determinatiQn, would, have been derived from the opera-
tion of the combined public utility during the pa~t of
said two ,completed fiscal years prior to the making of
such rate increaser had such increase been in effect during
such part of said two completed fiscal years.
If the average annual net revenues of the
combined public
immediately preceding the issuance of the additional
obligations, adjusted as above provided~ shall have been
equal to one and one'fifth times the highest combined
interest and principal requirements for any succeeding
fiscal year of all first lien obligations then outstanding
and the obligations so proposed to be issued° there may also
be added to.the net revenues of the combined public utility
for the two completed fiscal years immediately preceding,
for purposes of the above computation, seventy-five per cen~
(75%) of the additional net revenues estimated by the
- aforesaid engineer to be received by reason of the operation
of such additional facilities during the first two completed
fiscal years following the placing in operation of the
additional facilities to be acquired with the proceeds of
such additional obligations.
'-' If there shall be pledged to the payment .of such
additional obligations revenues to be derived by the city
from the imposition of a utilities service tax on the sale
or purchase of utility services in the city (other than the
sale or purchase of wa:er or water services) there may also
be added to the net revenues of the combined public utility
for the two completed fiscal years immediately preceding
~h~ issuance of the additional obligations for the purposes
~f the Second above paragraph the net revenues derived by
the city from the proceeds of such utilities service tax
during said two fiscal years. If only a part of such
utilities service tax proceeds is so pledged~ then there
may be added to the aforesaid net revenues the net revenues
derived by the city from the proceeds of the part of
said utilities service tax during said two fiscal years
which is to be so pledged to the payment of such
additional obligations.
(b) The pzyments required to be made into
the Bond Fund including the reserve therein must be current.
(c) The additional obligations must be payable
as to principal on'°June I of each year in which principal
falls due and must be payable as to interest on June 1
and December I of each year.
Cd) The proceeds of the additional obligations
must be used solely for the making of improvements,
extensionsj renewals, replacements or repairs to the
combined public utility or refunding any Junior lien
obligations hereafter issued for any such purpose or
refunding any or~_all of the $1,100j000 Utilities Tax
Revenue Certificates, Series 1962, which the city expects
to issue for paying the cost of certain improvements to
the Sewer System.
It is hereby declared that the foregoing conditi~~
"'~s~how the indention of the corresponding
Revenue CertifiCate Ordinance and the 1961 Bond Resolution and, to
the extent not in conflict with the rights of the holders of the
Water Revenue Certificates and the 1961 Bonds, said provisions
shall hereafter be so interpreted.
Section 19. That so far as it legally maY, the
City of Delray Beach covenants and agrees for~the protection and
security of the first lien obligations:
(a) That it will not grant a franchise to any competing
water system or sewer system to operate in the City of Delray Beach
until all first lien obligations have been retired;
(b) That so long as any of the first lien obligations
remain outstanding the city will maintain its c~rporate identity,
will make no attempt to cause its corporate existence to be abolished,
and will resist all attempts by other municipal corporations to
annex all or any part of the territory now or hereafter in the
city or served by either system.
(c) That the owner~'tenant or occupant of each lot or
parcel of land within the City of Delray Beach which abuts upon any
street or other public way c~ntaining a sanitary sewer, which is
served or which can'be served by the sewer system and upon which lot
or parcel a building shall have been constructed for residential,
commercial or industrial use shall connect such building with such~
sanitary sewer and shall cease to use any other method for the dis-
posal of sewage, sewage waste or other polluting matter. All such
connections shall be made in. accordance with rules and regulations
which shall be adopted from time to time by the City Council, which
rules and regulations may provide for a charge for making any
such connection in such reasonable amount as the City Council
may fix and establish.
(d) That the City of Delray Beach hereby covenants and
sgrees that whenever and to the extent that it may levy any tax
on or measured by the purchase of water distributed or Sold by the
-25a-
water system~ the proceeds of such tax shall be considered part of
the revenues of said system for the purposes of this resolution,
and such proceeds are hereby made subject to the same pledge herein
made as other revenues of said system.
Section 13. That the initial schedule of rates,
fees and other charges to be imposed for the services and facilities
furnished by the sewer system~ which initial schedule shall be
effective immediately at the time when the system is constructed,
certified for use by the consulting engineers and accepted by
the city but which shall be,subject to such revision from time
to time hereafter as may be°necessary to carry ou~ the requirements
of this resolution shall be as follows:
RESIDENTIAL UNITS
A monthly sanitary sewage service charge is hereby
imposed upon each residential dwelling unit, as m~re specifically
set forth below~ to which sanitary sewage service is available
through the facilities afforded by the municipally owned sewage
system, according to the following schedule:
Single family residential dwellings, for
the first 4 fixtures or less contained
therein, $2.50~ for the next 8 fixtures
contained therein° $.25 per fixture and
for all fixtures contained therein over
12~ $.15 per fixture.
-26-
r2
COM~ERCIAL AND NO~-RESIDENTIAL UNITS
A monthly sanitary sewage service charge is hereby
imposed upon each commercial and non-residential unit to which
sanitary sewage service is available through the facilities af-
forded by the municipally owned sewage system, according to the
following schedule:
For the first 2 fixtures contained t~erein,
$2.50~ for the next 8 fixtures contained
therein, ~.50 per fixture and for all fix-
tu~es contained therein over lC, $~25 per
fixture.
For the purpose oD the foregod~g schedule each plumbing
fixture or drain that is connected to a m~ewer~ including, but not
limited to, a toilet, wash basin or lavatory, bath, floor drain,
laundry tub, kitchen sink, slop basin or wash sink, washing machine,
equipment or device if so constructed as to discharge its water
content into any of the foregoing or directly into a sewer, shall
be regarded as a "fixture".
The City Council hereby finds and declares that a public
hearing was held on the foregoing schedule of rates and charges
on November 6, 1961, pursuant to resolution setting forth the
preliminary schedule adopted on October 2~, 1961 and pursuant to
notice duly given as provided by law through publication in the
Delray Beach News-Journal , a newspaper published
l~ the City of Delray Beach on October 26, 1961; that at said hear-
lng all of the users of the sewer system and owners, tenants or
occupants of property served or to be served.thereby and all others
· interested had an opportunity to be heard concerning the proposed
rates, fees and charges; that said schedule was adopted and put into
effect by Resolution Number 1S59 adopted November 6, l~61, and is
continued without chan~e by this resolution; that said schedule was
upheld by decision of the Supreme 0curt of Florida in the case of
Constans v. City of Delra~ Beach (1962) , Fla. .. , 138
So.2d, 497; and that nb further hearing on said schedule is required.
Section 14. That the bonds herein authorized shall be sold
in such manner and at such time or ti~es as m~y hereafter be deter-
mined by resolution of the City Council.
So much of the proceeds of sale as represents accrued In-
terest, premium, if any, received from the purchaser upon the sale of
said bonds and interest during construction shall at the time the
of
delivery of the bonds, to the purchaser be paid into the Bond Fund. It
is hereby estimated that the period required for constructing the
improvements and extensions to be made with said p~oceeds will be
eighteen months, and therefore,an amount of such proceeds equ~l to
the interest on the bonds whl~h will accrue during that period shall
be deposited in the Bond Fund as inter, est during construction. So
much of the remainder of the proceeds of sale as is not required for
the payment of incidental fiscal, legal and engineering expenses
which are due and owing at the time of the issuance of the bonds
shall be deposited in a special trust account in a bank or banks in
the City of Delray Beach, Florida. Said bank shall hold and dispose
of said proceeds in accordance with the terms of a letter which
"shall be directed to said bank and executed by the Mayor and City
Clerk of the City of Delray Beach.
Section 15. That the provisions of this resolution and the
Water Revenue Certificate Ordinance ~hall constitute a contract be-
tween the ~lty of Delray Beach and the holder or holders of the
bonds herein authorized, and a~eer the issuance of any of said bonds,
no change,variation or alteration of any kind in the provisions of
said ordinance or this resolution shall be made until all of the
bonds have been paid in full except as provided in Section 17 hereof.
Section 16. That in addition to all other rights enjoyed by
the holders of the first lien obligations, such holders shall have
the right by mandamus or other appropriate suit or.action in any
r -28-
court of competent Jurisdiction to enforce his or their rights against
the City of Delray Beach,the governing body thereof~ and any and all
officers and agents thereof,including but without limitation, the
right to require said city and its governing body to fix and collect
rates and charges fully adequate to carry out all of the provisions
and agreements in this resolution contained.
Section 17. That the holders of seventy-five per cent (75%)
in principal amount of the first lien obligations at any time outstand-
ing (not including in any case any obligations which may then be held
or owned by or for the account of the city, but including such refund-
ing obligations as may be issued for the purpose of refunding any
first lien obligations if such refunding obligations are no~ owned by
the city), shall have the right from time to time to consent to and
approve the adoption by the ~ity of resolutions or ordinances modify-
ing or smending any of the terms or p~ovisions contained in this reso-
lution,the 1961 Bond Resolution or the~ Water Revenue Certificate Ordi-
nance in the manner and to the extent set out below. This right, how-
ever, shall not be construed to authorize the amendment of the Water
Revenue Certificate Ordinance or the 1961 Bond Resolution without ob-
taining the consent of 75%~inprincipal amount of the holders of the
certificates outstanding under'said ordinance or bonds outstanding un-
der said resolution. No modification hereunder may:
(a) Make any change in the maturity of any of the first lien
obligations.
(b) Make any change in the rate of interest borne by any of
said obligations.
(c) Reduce the amount of the principal or redemption premium
payable on any first lien obligation.
(d) Modify the terms of payment of principal or of'interest
or of redemption premimms on the first lien obligations or any of
them or impose any conditions with respect to such payment.
(e) Affect the rights of the holders of fewer than all of
the first lien obligations then outstanding.
r -29.-
Whenever the city shall propose to amend or modify an or-
dinance or resolution under the provisions of this section, it shall
cause notice of the proposed amendment to be published one time in a
financial newspaper or Journal published in the City of New York,
New York, or Chicago, Illi~ois. Such notice shall briefly set forth
the nature of the proposed amendment and shall state that a copy of
the proposed amendatory ordinance or resolution is on file in the
office of the City Clerk for public inspection.
Whunever at any time within one year from the date of the
publication of said notice there shall be filed in the office of
said City Clerk an instrument or instruments executed by the holders
of at least seventy-five per cent (75%) in aggregate principal
amount of the first lien obligations, then outstanding as in this
section defined, which instrument or'instruments shall refer to the
proposed amendatory ordinance or resolution described in said notice
and shall specifically consent to and approve the adoption thereof,
thereupon, but not otherwise, the Council may adopt such amendatory
ordinance or resolution and it shall become effective.
If the holders of at least seventy-five per cent (75%) in
aggregate principal amount of the first lien obligations outstanding
as in this section defined, at the time of the adoption of such
amendatorT ordinance or resolution, or the predecessors in. title of
such holders, shall have consented to and approved the adoption
thereof as herein provided, no holder of any first lien obligation
...?~hether or not such holder shall have consented to or shall have re-
voked any consent as in this section provided, shall have any right
or interest to object to the adoption of such amendatory ordinance
or resolution or to object to any of the terms or provisions therein
contained or to the operation thereof or to en$oin or restrain the
-30-
city from taking any action pursuant to the provisions thereof.
Any consent given by the holder of a first lien obligation
pursuant to the provisions of this section shall be irrevocable for
a period of six months from the date of the publication of the no-
tice above provided for and shall be conclusive and binding upan
all future holders of the same.~irst lien obligation during such
period. Such consent may be revoked at any time after six months
from the date of the publication of such notice by the holder who
gave such consent or by a successor in title by filing notice of
such revocation with the City Clerk, but such revocation shall not
be effective if the holders of seventy-five per cent (75%) in aggre-
gate principal amount of the first lien obligations outstanding as
in this section defined have, prior to the attempted revocation,
consented to and approved the amendatory ordinance or resolution re-
ferred to in such revocation.
The fact and date of the execution of any instrument under
the provisions of this section may be proved by the certificate of
any officer in any Jurisdiction who by the laws thereof is author-
ized to take acknowledgments of deeds within such Jurisdiction, that
the person signing such instrument acknowledged before him the exe-
cution thereof, or may be proved by an affidavit of a witness to
such execution sworn to before such officer.
The amount and numbers of the first lien obligations held
by any person executing such instrument and the date of his holding
the same may be proved by a certificate executed by any responsible
bank or trust company showing that on the date therein mentioned
such person had on deposit with such bank or trust company the first
lien obligations described in such certificate.
Section 18. That John Ross Adams, as attorney for the
City of' Delray Beach, is hereby authorized and directed to take
appropriate proceedings in the Circuit Court of the Fifteenth Judi-
cial Circuit of Florida in and ~or Palm Beach County for the vall-
dation of said bonds, and the Mayor and City Clerk are hereby au-
thorized to sign any pleadings in such proceedings for and on be-
half of the commission of the City of Delray Beach.
Section l_~. That if any section, paragraph, clause or
p~ovision of this resolution shall be held to be invalid for any
reason, such invalidity shall not affect the validity or enforce-
ability of any of the remaining provisions hereof.
Section 2~0. That a~l resolutions or orders or parts
thereof in conflict herewith are to'the extent of such conflict
hereby repealed.
Adopted and approved Nov~b~ 26 , 1962.
Mayor ~
Attest:
~D~C i~Cle rk ~--~
MWM: '
9/ 8/6
(Other business not pertinent to the above appears
in the minutes of the meeting.)
Pursuant to motion duly made and carried the council
adjourned.
City LClerk~.~ _ ~-
STATE OF FLORIDA
COUNTY OF PALM BEACH ~ . ~ .~
I, ~~~.~.~, do hereby
certify that I am the duly qualifi~.a~md--&c~ng City Clerk of the
City of Delray Beach, Palm Beach County, Florida.
I further certify that the above and foregoing
constitutes a true and correct copy of thej.~nutes of ~ meeting
of the City Council of said city held ? .~ , 1962,
and of a resolution adopted at said meeting, as said minutes and
resolution are Officially of record in my possession.
IN WITNESS WHt~F, I have hereunto subscribed
signature and impress~ he~eon~e official seal of the
official.
City of Delray Beach this ay ~ 1962.
"' city
-(SEAL)
-33~
Delray Beach, Florida
~ov~ 26 , 1962
The City Council of the City ~f Delray Beach, Palm Beach
County, Florida, me~ in regular public session at
the regular meeting place of the City Council in the City Hall in
the City of Delray Beach at 8 o'clock P .M. on ~ove~ber
26 .~ 1962, with Mayor Walter Dietz and the follow-
ing members present:
Councilm~n A~. C. Avery
Cou~ci2~u George T~lbo'b~ Jr.
Councdlm~o George V. W~rren
Councilman. Oliver W. ~oodsr~ ~ Jr,. i?.:~'
Absent: ~one
There were also present R.D.Worthimg. ~ .... , City
Clerk, Robert Jo Holland ., City Manager, and
John Ross A~ams , City Attorney.
After the meeting had been duly called to order by the
Mayor and the minutes of the preceding meeting had been read and
approved the following resolution was introduced in written form by
_ R~ D. Worthi~.~ , was read in full and discussed.
Pursuant to motion made by George V. Warren and seconded
by Al. C. Aver~ , the resolution was adopted by
the following vote:
AYE: Councilman Al. C. Avery
Mayor Waiter Dietz
Co~ncilm~n George, Talbot~ Jr.
Councilman George V.Yarren
Councilman Oliver W. Woodard~ Jr.
-NAY: None.
The resolution is as fdllows:
RESOLUTION NO. 1429
A RESOLUTION authorizing the issuance of
~I,100,00Q Utilities Tax Revenue Certificstes,
Series 1962, of the City of Delray Beach,
providing for the payment and sale of such
certificates, entering into certain covenants
and agreements in that connection, and
declaring an emergency.
WHEREAS it is necessary for the City of Delray Beach
to make the improvements and extensions hereinafter mentioned
to the sanitary sewer plant and system of said city; and
WHEREAS it is necessary to borrow the sum of $1,100,O00
for the purpose of paying the cost of said improvements and exten-
sions and said city desire~ to issue its Utilities Tax Revenue
Certificates, Series 196~, as he.re~nafter authorized, to evidence
such borrowing; and
WHEREAS pursuant to proceedings heretofore adopted
said city has been levying a tax on the purchase of certain
utilities services, the proceeds of which tax, upon the issuance
of the certificates herein authorized, will not be pledged or
hypothecated in whole or in part in any manner or for any purpose
other than the'payment of such certificates;
.N~W, THEREFORE, Be It Resolved by the City Council
of the City of Delray Beach, Palm Beach County, Florida, as
follows:
Section l. That as used herein the following terms
shall have the following meanings unless the context otherwise
clearly requires:
(a) "City" means the City of Delray Beach.
(b) "Certificates" and "certificates herein
authorized" mean the Si,100,000 Utilities Tax Revenue Certificates,
Series 1962, authorized by this resolution. As used in
Sections 5 to 8, inclusive~ hereof, "certificates" also includes
parity certificates.
(c) "Parity certificates" means obligations
issued on a parity with the certificates herein authorized under
the provisions of Section 7 hereof.
(d) "Utilities tax".means the tax imposed by said
city on each and every purchase in said city of electricity,
bottled gas (natural or manufactured), and local telephone service.
Said term shall also apply to all taxes imposed by the city on
the purchase of utility ~ervices other than water, whether levied
in the amounts prescribed by the utilities tax ordinance or in
any other amounts and whet~er imposed on the purchase of the same
utilities services or any other or ~dditional utilities services,
either by amendment to the utilities tax ordinance or otherwise.
(e) "Utilities tax ordinance" means all proceedings
imposing the utilities tax, including Ordinance Number 535 of said
city adopted on July 9, 1945, as amended by Ordinance Number 567
adopted January 28, 1946, Ordinance Numbered Gl05 adopted
September 8, 1950, and as amended and reenacted by Ordinance
Number 192 adopted July 13, 1954, and every supplementary ordinance
or other ordinance in lieu thereof as may hereafter be adopted.
(f) "Fiscal Year" means the twelve month period
used by the city for its general accounting purposes as the same
may be changed fro'~ time to time.
Section 2. That for the purpose of paYing the
cost of improvements and extensions to the sanitary sewer plant and
system of said city (such improvements and extensions to consist of
-5-
the following:
Construction of ocean oUtfall and master lift station
in accordance with plans and specifications prepared by Russell
&Axon, consulting engineers,
and paying all .expenses properly incident thereto and properly
incident to the authorization and issuance of the certificates
herein authorized, there are hereby authorized to be issued the
Utilities Tax Revenue Certificat'es,~ Series 1962, of said city in
the aggregate principal amount of $1,100,000~ Said certificates
shall be dated December 1, 1962, shall be in the denomination of
$1,000 each, shall be numbered 1 ~to 1,100, inclusive, shall bear
interest from date until paid at the rate of five per cent
(5%) per annum or such lesser rate or rates as may be fixed
by resolution after the sale of such certificates as hereinafter
provided, which interest shall be payable June 1, 196B, and semi-
annually thereafter on the first days of June and December of each
year, shall be payable as to both principal and interest in lawful
money of the United States of America at a bank or trust company
to be designated by the city after receipt of recommendation of
the purchaser of the certificates, and shall mature serially in
numerical order on June'-i of each of the years as follows:
-4-
Certificate Numbers Amount Year
I to 15 $15j000 1965
16 to 30 15jO00 1966
31 to~5 15,000 19~
46 to 60 15,000 196~
61 to 95 35,000 1969
96 to 130 35,000 1970
131 to 165 35,000 1971
166 to 205 40,000 1972
206 to 2~5 40,000 197~
246 to 285 ~0,000 1974
286 to 325 40,000 197~
326 to 370 45,000 197~
371 to 415 45,000 1977
416 to 460 45,000 1978
461 to 510 50,000 1979
511 to 560 50,000 1980
61 to 610 50,000 1981
11 to 665 55,000 1982
666 to 720 55,000 1983
721 to 780 60,000 1984
781 to 840 60,000 1985
60,000 1986
901841 tot° 900965 ~'~' 65,000 1987
966 to 1030 65,000 1988
1031 to llO0 70,000 1989
Certificates numbered 246 to 1,100, inclusive, shall
be callable for redemption prior to maturity at the option of the
city on June l, 1973, and on any interest payment date thereafter,
in inverse numerical order, at the principal amount thereof plus
accrued interest to the date fixed for redemption and a premium of
$35 for each certificate so redeemed on or prio~ to December l,
.1977, $30 for each certificate so redeemedthereafter and on or
prior to December l, 1981, $20 for each certificate so redeemed
thereafter and on or prior to December l, 1985 and $10 for each~
certificate so redeemed thereafter prior to maturity. Notice of
the call of any certificate for redemption shall be given not less
than thirty (30') days prior to the date fixed for redemption by
registered mail to the bank at which the certificates are payable
and by the publication of an appropriate notice one time in a
financial newspaper or Journal published in the City of New York'
New York, or Chicago, Illinois. If any certificate which is callad
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