Res 1393-62 RESOLUTION NO. 1393
A RESOLUTION OF THE CITY COUNCIL OF TKE CITY
OF DELRAY BEAOH, FLORIDA, SETTING PORTH TEE
POLICY OF THE CITY RELATING TO REQUESTS ON
BEHALM OF THE DEVELOPERS OF TROPIC ISLE AND
TROPIC PALMS SUBDIVISIONS.
WHEREAS, the City Council of the City of Delray Beach,
Florida, has been repeatedly assured by oral promises in past yea~s
aB well as this yearn, that the Subdivisions of T~optc Isle and
Tropic Palms will be forthwith brought up to city specifications;
and
WHEREAS, the City Council of the City of Delray Beach,
Fio~ida, is desirous of taking any necessary steps to hasten the
development of said Subdivisions,
NOW THEREFORE BE IT Rt~0LVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That the following shall be the policy of said city
relating to the development of Tropic Isle and Tropic Palms Sub-
divisions until such subdivisions conform to the minimum city
specifications in all respects:
a) The City will entertain no requests on behalf
of the developers for any agreements which would
in any way vary the originally p~oposed develop-
ment of said Subdivisions.
b) That all property owners or contractors apply-
ing for Building Permits in these Subdivisions
shall be specifically infor~aed that no Certificate
of Occupancy will be issued by the City until all
services to be furnished said p~operty, including
water, street, drainage, clearing and grading
qutrements meet the minimum city specifications.
c) That no applications for replattlng of that
area in Tropic Isle Subdivision in the vicinity
of the northemamost Spoil Area will be considered
until the developer can demonstrate that Messrs.
Powell, Schuck, McCowan and Piokard completely
acquiesce in the proposed, changes.
PASSED AND ADOPTED this ..1.yth' day of March, 1962.
CITY OF DELRAY BEACH, FLORIDA
By
Mayox'
ATTEST:
D E L R A Y B E A C H, F L O R I D A Ml~h aR, 196R
City Council
Delray Beach, Plorida
In re: Report on T~opic Palms & Tropic Isles - ~Tf, LON
Gentlemen:
At your request a meeting was held Thursday, Ma~oh 8, 1962, attended
by Messrs. 5mltzes, Worthing, Pleming, Hughson and myself. The pur-
pose of meeting was to review all the existing contracts between the
above subdivisions and the City to discover what coercive action can
be taken by the City to hasten the development of said subdivisions.
As you know, these areas were subdivided prior to our Subdivision
Ordinance, and the City does not have nea~ the control over these
subdivisions as those that have originated since 1958. Before out-
lining ou~ suggestions for remedying the situations, I will briefly
touch on the specific items you requested that we investigate:
SEAWALLS - These are located on private property, and. any deficien-
cies will have to be settled between the developer and
the purchasers of the various waterfront lots. The City
can see that they are oonst~acted to city specifications,
but can do nothing to the developer about maintenance.
WATERWORK~ - The water system conforms to the wqter agreement be-
tween the developer and the City.A~ some future date,
when the number of houses reaches a certain point, the
developer is required to put in larger mains.
SEWER SYSTEM - The contract covers T~opic Palms, Plat Numbers 2 & 3,
and gives the developer a 30-year franchise. ~aere is,
however, no completion date on the construction unless
an implied agreement can be construed from the fact that
the City has an option to purchase the system for five
years from June 1, 1959.
Our recommendation to correct the situation is not intended tc be ex-
haustive. It is our thinking that in addition to any directives to
the developer, the City should adopt a policy of specifically inform-
lng any property owners or builders applying for a pemmit to build in
these subdivisions, that no certificate of occupancy will be issued
by the City until all water, street, drainage, clearing and grading
requirements meet the minimum city specifications.
City Council -2- Ma~ch 12, 1962
It is hoped that this notice will tend to protect p~operty o~ne~s, and
that notice of the policy will have a coercive effect on the develope~,
Respectfully submitted,
John ltoss Adams
City Attorney
J1~: cm