HomeMy Public PortalAbout03/22/1972COMMISSION MEETING
March 21, 1972
Present: WILLIAM F. KOCH, JR. Mayor
WILLIAM S. LaPORTE Commissioner
GEORGE W. WALKER Commissioner
Also attending: R. D. Worthing; Att'y. John C. Randolph
and Kathleen Kirton.
1. Mayor Koch called the Meeting to order.
2. On motion of Mr. LaPorte, seconded by Mr. Walker, the Minutes
of the Commission's regular meeting held on February 11th, and
the special meeting held on March 8th, were unanimously approved.
3. The Financial Report for the Month of February, as submitted by
the Town Manager, was accepted.
4. The following "SUMMARY" of Police Reports for the Month of Feb-
ruary was presented and accepted by the Commission:
COWART BROWN CORBETT MCQUADE MUMMA
Mileage 1683 1105 1627 1595 1588
Days 22 15 21 18 20
Hours 176 120 168 144 168
CALLS 12 7 3 4 8
Oxygen service was administered on Feb. 28th to a heart attack
victim at the Little Club who was then taken to the Hospital
in a police car and there placed in intensive care.
Mr. George Hughes, of 1120 No. Ocean Blvd., expressed thanks and
appreciation to the Police Department for services rendered in
answering recent calls to his home, and for the Department's
ever presence and valuable service to the Town of Gulf Stream.
Commissioner William S. LaPorte requested that all residents of
the Town be notified of the ever present availability of the
Police Department and urged that any resident please call the
Department (Phone 276 -5116) at the slightest need or desire for
police service. It was agreed that such "Notice" to all resi-
dents of the Town be provided.
5. The Commission, during its regular meeting held on February 11th,
referred, to the Town Planning Board, a "Petition" for RE- ZONING
of a tract of land bordered on the north by the Regency Apart-
ment property, on the east by the School Playground area, on the
south by the Gulf Stream School Driveway, and fronting on Gulf
Stream Road.
cont.
- 2 -
cont. Item
5. The Planning Board's report and recommendation, submitted to the
Commission, is as follows:
"Unanimous recommendation and report of the FULL Planning
Board as a result of its meeting in the Town Hall on Feb-
ruary 22nd, at 12:00 o'clock noon, E.S.T., is as follows:
(1) We dot desire to change the character of the communi-
ty.
(2) We do not desire to recommend any action that will in-
crease the density of the population; or
(a) Water Supply
(b) Sewerage
(c) Increased Traffic
(d) Police and Fire Protection
(e) Garbage & Trash Collection
(3) The Town has no obligation to encourage "reduced cost
per unit housing ". "
Mr. Henry V. Pope, the petitioner for said Zoning Change, polled
the Commission for its opinion and was advised that all Commis-
sion Members present concurred with the Planning & Zoning Board's
findings and recommendation. Mr. Pope then withdrew his origi-
nal 'Petition'. Accordingly, no further action thereon was ne-
cessary nor taken.
6. A Public Hearing had been scheduled to be held at this time, con-
cerning the proposed improvement of portions of Polo Drive and
Banyan Road, as directed in Resolution No. 1 -72, passed and adopt-
ed by the Commission on February 11, 1972, which resolution pro-
vided, in part, for the sharing of the total cost for the proposed
improvement between the Town and the owners of properties abutting
on said improvements as shown on the Plans and Specifications of
the project.
A representative of Hardrives, Inc., to whom contract for the pro-
ject had been awarded, and the Engineer (Mr. Walter A. Cornnell)
who prepared the engineering design plans and specifications, were
present and assisted the Commission in answering inquiries from
the above referred to property owners.
The Commission, and interested persons present, were informed of
the ESTIMATED COST therefor as being $10,260.00. Upon completion
of the project the TOTAL Cost will be determined and proration of
assessment to the individual properties, as set forth and identi-
fied in Resolution No. 1 -72, will be effected.
Following further discussion, and in lieu of insufficient objec-
tions to the proposed street improvements outlined in said Reso-
lution No. 1 -72, the Commission, on motion of Mr. LaPorte, duly
seconded by Mr. Walker, unanimously approved passage and adoption
of Resolution No. 2 -72 authorizing the Town of Gulf Stream to pro-
ceed with the Street Improvement Project as described therein.
- 3 -
7. Mr. LaPorte expressed his appreciation and congratulations to
the registered voters of the Town in view of approximately 80%
thereof having come to the Polls and VOTED in the recent Gener-
al Election.
8.
Mr. LaPorte further stated that he was well aware that problems
will arise and multiply, relative to Water Supply, Sewerage,
Beach Erosion, etc., but felt that the newly elected Commission
would process such matters, as they arose, in the best interests
of the Town, and hoped that more and more residents would attend
the regular scheduled meetings of the Commission, express their
views, offer their thoughts and recommendations on all subject
matters submitted to the Commission for discussion and consid-
eration, thereby aiding the Commission in its conclusions.
This FINAL meeting of the present Commission was then adjourned.
V / C
MAYOR �
Deputy Town Cl
--fir
r NLNCIAL P. L:POR_
FEBMIRY 290 19720
CHECKS tlRAi N t N °GFNBRAL FUND":
# 1232
'r7ATEV FUND
GT1Z7',RAL FUND
CAP. AnSr.T FUN7
BALAVCS °s 1/31/72
$ 69798.23
$ 230798.02
$
2,257.75
:ieposits
8,104.94
10,844.53
1235
-0-
�dthdrawals
1,930.64
80262.62
Colobrook
.0-
BALhhCES 2/29/72
5 120972.53
S 268379.93
$
28257.75
CERTIS, Or DEPOSIT
$ 560000.00
$ 500000100
$
190000.00
REWFUE for FEBRUARY:
Water
5 68425.94
?:einburase. of
$
Trash
10634.00
office Fxnend.
27.90
Licenses
125.44
aeimbuse.F.uto
Permits
5100
Pccid. Insur.
610.99
tines
25.00
L'lec. i'ranchise
8,254.50
Taxes (R.E.)
1,680.36
Candidates
Tax - Gas
118.99
riling r ^E
30.00
Tax - Cigarette 10.35
Coll. of State
FEE on Arrests
1.00
TOTAL RrVFNUE - - - - - -
d
130949.47
�RitWV ON "ib Ti:k.
FUND ":
331 Fi b H Utility �;anagement
Netcr treading
100.00
932 julf Stream Jolf
:lub
"ater /January
12,072,700 Gals
10810.91
933 i10rida Power &
Light Co.
Water Treatment
19.73
Plant
T O T A L-
$
1.930.64
CHECKS tlRAi N t N °GFNBRAL FUND":
# 1232
1st Natol. Bank - Delray
With.Tax - Jan. w
469.30
1233
Colebrook
rages /t.k.:.'nci.1/2/72
88.42
1234
Allen
" " "
88.62
1235
Allen
" " 2/9/72
98.62
1236
Colobrook
" " "
88.42
1237
County Sanitation
+jarb. Collection
900.00
coat.
n
OP . v S,
0041
oc.;::":f
7r?
':Y-on
SO.", vl ` Ell I.,
14 OZP
7r?
':Y-on
14 OZP
7r?
':Y-on
cent.
(checks Drawn on Gen'l. Fund:)
it 1238
1239
1240
1241
1242
1243
1244
1245
1246
1247
1248
1249
1250
1251
1252
1253
1254
1255
1256
1257
1258
1259
1260
1261
1262
1263
1264
1265
1266
1267
1268
1269
1270
1271
1272
1273
1274
1275
1276
Paul Bradwell
Bo-Del Printing
Delray itch. Farm supply
Gulf Oil Corp.,
Hand's Book :tore
iiarvel & Deland
Mobile Communications
New Colony Clearers
Palm Bch, Bldg. Dept.
secretarial .ervicu
Telephone & Tele. Co.,
.:olf lawn. Maint.,
Colebrook
Ellen
Colebrook
Allen
_'nevrolet Co.,
Boyd's Body shop
City of :yelray Beach
Tax Collector
Delray Music & Appliance
Delray ,`signs
Florida Power & Light
Gracey Tiros,,
Handla Bood Store
Blear Uater
HcDuwell
Ocean city Lumber
Ocean ."ridge Gulf 1,ervice
Pierce '.ire Co,,
Notor vehicle inept.
Hardrives Inc.,
Cowart
Brcwn
Corbett
&sc„uado
rummy
1=crthin:.-
Petty cash
2 -
.everance Pay 9th of 10 uth.
1000 2410 Stamped t,nvelopes
Trash Truck Tools
940 ".als. gasoline
cffice vupplies
Catch Basin Grill
."answering Service Feb.
Clg, Police Uniform,-,
Proration of Permit Fees Jan
Z,ddre:;aograph E'latcz
Phone Service - Jan.
Lawn Care— town ."Nall Jan
:iacyes tiiC.^nt2. I /16/72
x N N
2/23/72
N
Trash Truck I.epairs
Repair of 2 Police car ."Frocks
:newer Chg. Jan
Annual Chg. for Coll. of Taxes
- ecording Tapes
Police Car NEW
Town Hall Lights
Iow Police Car - Pddit.Prewiur
,`ffiee supplies
Town Ball - Vater
Radio in 13EW Police car
�olico T "apt Batteries
x Car 520.10; Truck S49.20
" Cars
Lieplacer..ert of LOST Tag :'ruck
:street Repair
:agea Vebruary
N x
x n
N x
a u
miac. Expenses
100.00
98.50
14.94
295.16
21.45
130.00
27.00
40.28
57.90
1.49
43.17
41.00
88.42
88.62
88.42
88.62
57.80
692.03
8.75
230.72
29.70
37.00
33.93
42.00
10.33
6.00
65.00
2.00
69.30
74.75
2.50
498.47
629.27
546.06
500.40
534.20
500.40
686.80
39.46
."TOTAL 0B.NrRAL FUND EXPEND, $ 8,262.62
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COMMISSIONERS
William F. Kach, Jr., Mayor
John G. Hart, Vice -Mayor
J. Phil Hoyle
William S. LaPorte
George W. Walker
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
February 15, 1972•
vt3ntlenent
MAIL ADDRESS
POST OFF ICE BOX 255
DELRAY BEACH, FLORIDA
33444
TEL.: DELRAYBEACH
2]65116
Town Manager
R. D. WORTHING
.seala.l aID3a for certain :treat Improvomirinto
within the 1'cwn of :ulf :rtrears, were opened at the reg-
ular Commission lieeting t,f the !own of :;ulf :stream, c:n
.ritlay, i'abruQry 11th, in the Town Eiall, at 9:00 o'clock
.``., an'.1 ware as follows:
3elve6ere Ccnstructicn Coal, S 10,193.00
Crabtree .onstruction Co.,Inc. 140145.00
nar"'rives of I'elray, Inc. 80870.00
.ubin ,;,)natrricticln Company 100877.50
''he Comiiaalon awarJed Contract to the i,ow Bid,
subject to its review by the r:re ineeraa am approval there-
of as Doing t tea: low qua1ifie :3 Lid.
Your Vartieipation in submission of a "BIi3"
for this: inprovernnt ?rojoct was greatly appreciated,
Very truly yours
by
L"' i; me owls Manager
C
COMMISSIONERS
WMbn F. K.h, Jr.. MWw
John G. Hart, Vice-Moor
J. Phil Hoyt
Willi" S. UP",
George W. Walker
TO:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
MAIL ADDRESS
POST OFFICE BOX 255
Februay 15 , 1972 . DELRAY BE FLORIDA
TEL.: DELRAY BEACH
276.5116
Town Man&W
R.D. WORTHING
PROPERTY OWNER
The proposed improvement of that part of Polo Drive
lying between Banyan and Old School Roads; as well.as those
portions of Banyan Road extending both easterly and ..7esterly
from its intersection with Polo Drive for a distance of an-
proximately 200 feet in either direction, has been determined
to be made and "Bids" for such project have been received and
considered by the To-,.in Commission.
A PUBLIC HEARING on this proposed improvement and the
sharing of the total cost thereof by the Town and the owners
of properties abutting thereon will be held in the Town Hall,
Tuesday, March 21st, 1972, at 9:00 o'clock A.M., E.S.T.
Inasmuch as your property is affected by this proposed
improvement, and therefore subject to sharing the cost thereof,
it is hoped that you may arrange to attend this Public Hearing
in further support of the project heretofore welcomed and ap-
proved by over 96% of the abutting lands through verbal agree-
ment thereof by owners of said lands which are identified in
Resolution No. 1 -72, passed and adopted by the Town Commission
during its regular meeting held on Friday, February 11th. SEE
copy of this Resolution which is attached hereto.
.Respectfully
TOT-IN OF GULF STREAM
RDW:me ToTan Manager._:,f
COMMISSION MEETING
NEWLY ELECTED COMMISSION
March 21, 1972.
PRESENT: WILLIAM F. KOCH, JR. ABSENT:
WILLIAM S. LaPORTE
GEORGE W. WALKER JOHN G. HART
HENRY N. WHITNEY
Also attending: R. D. Worthing; John C. Randolph
and Kathleen Kirton.
1. The meeting was called to order and the Town Manager admin-
istered the Oath of Office and Loyalty Oath to the newly e-
lected Commissioners present.
2. Mr. LaPorte referred to recent rumors being over- magnified
and not necessarily based on fact or past policy. One such
rumor was stated as being that the highest vote receiver be
the New Mayor. The official records of prior years and elec-
tion results do not uphold such belief, in fact indicates
otherwise.
Mr. LaPorte, in recognition of the past services of Mr. Koch
to the Town of Gulf Stream, nominated Mr. William F. Koch, Jr.
as Mayor for this newly elected Commission. Mr. Koch informed
the Commission that he did not wish to be considered for the
Mayoralty. Mr. LaPorte then withdrew his previous nomination
and nominated Mr. George W. Walker to be the new Mayor for the
ensuing three year term of this Commission. The motion was
seconded by Mr. Koch and unanimously carried.
The newly elected Mayor, Mr. George W. Walker, stated that he
would accept the office and assured those present that he would
function in the best interest of the Town of Gulf Stream, and
that he considers himself a representative of the people and
urged any resident or property owner to not hesitate in bring-
ing their problems, if any, to him.
The Town Manager then read the following communication, re-
ceived Tuesday, March 21, 1972, just prior to the meeting:
Town Commissioners
Gulf Stream, Florida. March 20, 1972
Gentlemen:
From the day after election on, our
little Town has been riven by emotional claims as
to who should be the next Mayor of Gulf Stream,
with the result that the Commission which will
be sworn in today will, from the outset, be an
unharmonious assembly.
cont.
- 2 -
In the last few years we have experienced great unpleasant-
ness in Gulf Stream in dealing with the sewer problem; an accu-
sation that some Commissioners had violated the Sunshine Act,
which claim was thrown out; a great brouhaha about beach erosion
and means to combat it, etc. All this was adequately dealth with
by a Commission which was cooperative and harmonious.
Now, with a Commission which is antagonistic from the start,
new Problems will loom larger and be more difficult to solve.
The writer has therefore regretfully decided to forego the
privilege of serving on this Commission.
Yours very truly
JGH:gt /S/ JOHN G. HART
Mr. Koch moved that a Work -Shop meeting be scheduled and find out
if Mr. Hart would reconsider and should he not do so, to accept
his resignation, at which time Commissioners should submit recom-
mendations for filling such vacancy as would then exist and from
which recommendations the Commission would determine an appoint-
ment. Mr. Laporte seconded the motion which then carried.
During general discussion of this possible vacancy, several per-
sons in attendance at the meeting requested that Mr. Hart's resig-
nation be accepted this day and Miss Gertrude Skelly, a candidate
in the recent election, be appointed to fill such vacancy.
The Commission declined to consider the resignation at this meet-
ing and unanimously agreed that a Work -Shop meeting, to consider
this issue, would be held in the Town Hall, on Thursday, March
30, 1972, at 9:00 o'clock A.M., E.S.T.
3. Mr. LaPorte then nominated Mr. William F. Koch, Jr., as Vice -Mayor
of the newly elected Commission. Motion was seconded by Mr. Henry
N. Whitney and unanimously carried.
Mr. Koch moved that Mr. LaPorte be appointed Police Commissioner
for the Town of Gulf Stream. Motion was seconded by Mr. Whitney
and unanimously carried.
Vice -Mayor Koch then moved that the legal counsel - Johnston,
Lilienthal & Johnston - be retained in that capacity. Motion was
seconded by Mr. LaPorte and unanimously approved.
Vice -Mayor Koch then moved that the Town Manager be given a vote
of thanks for the valuable service he has given to the Town and
that he be re- appointed as Town Manager. Motion was seconded by
Mr. LaPorte and unanimously carried.
Mr. LaPorte moved that Mr. Worthing be appointed as Treasurer for
the Town of Gulf Stream. Motion was seconded by Mr. Koch and
unanimously approved.
cont.
- 3 -
Upon motion of Mr. LaPorte, seconded by Mr. Koch, the Commission
unanimously agreed that the Police Chief and Staff, as well as
the Trash Collection employees remain status quo.
4. Resolution No. 3- 72,providing for authorizing the signatures of
any TWO Commission Members as necessary for withdrawal of Funds
from the WATER FUND and /or the RESERVE DEPRECIATION ACCOUNT, on
deposit in the First National Bank of Delray Beach, was unani-
mously PASSED and ADOPTED on motion of Mr. LaPorte and seconded
by Mr. Koch.
5. Resolution No. 4 -72, providing for authorizing certain persons
to enter the Safe Deposit Box No. 1950, at the First National
Bank of Delray Beach, namely the Town Manager and any ONE Town
Commissioner, was unanimously PASSED and ADOPTED on motion of Mr.
LaPorte and seconded by Mr. Koch.
6. Resolution No. 5 -72, providing for authorizing the signatures of
any TWO Commissioners as necessary for withdrawal of Funds from
the GENERAL FUND, on deposit in the Boynton Beach First National
Bank, was unanimously PASSED and ADOPTED on Motion of Mr. LaPorte
and seconded by Mr. Koch.
7. Mr. Koch moved that a Resolution of Commendation be PASSED and
ADOPTED, reflecting Thanks and Appreciation to Mr. J. Phil Hoyle
for his great and outstanding contributions to the Town of Gulf
Stream, Florida, during his long term of office on the Town Com-
missions. Motion was seconded by Mr. LaPorte and unanimously
carried.
81 Mr. Northrup Dawson inquired as to the possibility of the Town
Commission considering the de- annexation of Place Au Soleil Sub -
Division from the Town of Gulf Stream. He was informed that such
action is a long drawn out affair, accomplished only through Leg-
islative action. The Town's legal counsel was instructed to re-
search the procedure and submit his report to the Commission at
its next regular meeting.
Meeting adjourned - 10:30 A.M.
MAYOR
HENRY V. POPE, A. I. A.
� �m�iftaat- �nu21iu4
12111 NORTHEAST EIGHTH STREET
DELRAY BEACH, FLORIDA 88444
278 -2808 278 -8840
11 February 1972
PETITION FOR CHANGE IN ZONING as per Section XII of the
Zoning Ordinance of 1952 of the Town of Gulf Stream.
1. By Ordinance 136, passed on 14 April 1967, a new zoning
district was added entitled "Limited Apartment District C -111.
2. As Owner of the land herein described and shown on the
attached plat, it is requested that the zoning on this
parcel of land be changed from "Residence A "district to
limited Apartment District C -1 ".
3. It is planned to erect so called "Town Houses" on this
{
property, for use by 2 families, similar to the building
recently submitted to the Commission by Mr. Tom Pemberton.
4- Since Section 1, Paragraph 2 of the Ordinance restricts
heights and set -backs to the same required in Residence A.
it is felt that such structures will in no way harm the
residential aspect of the area... and the resultant reduced
cost per unit will attract purchase by members of the staff
of the Gulf Stream School, on which the property abuts.
5. The tract is along the East side of Gulf Stream Road,
running from the South bou"dary of the Regency Club Apartments
approximately 500 feet southerly to the Gulf Stream School,
with its rear boundary abutting the School Play Area.
Henry V. Pope and Ernestine N. Pope,
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RESOLUTION NO. 5 -72e
Corporate Resolutions
(DEPOSITORY, BORROWING AND SAFE DEPOSIT)
L
Name of Corporation TOWN OF GULF STREAM
Title of Account same
Located at 246 Sea Road P.O.Box 255, Delray Beach, Florida
City Gulf Stream State Florida
Incorporated under the laws of the State of
I, the undersigned, hereby certify that I am the Secretary of the above named Corporation (hereafter
called "this Corporation ") ; that the following is a true copy of resolutions duly adopted by the Board of
Directors of this Corporation at a meeting duly held on the2lat day of Maneh , 1972 ,
at which a quorum was present and voting throughout, and that such resolutions have not been rescinded or
modified and are now of full force and effect:
"RESOLVED, that the Boynton Beach First National Bank, Boynton Beach, Florida, (hereafter called
"Bank ") is hereby designated as a depository of this Corporation and that a checking or deposit account be
opened and maintained in the name of this Corporation with said Bank and that all checks, drafts, or other
orders for the payment of money from said account shall be signed by the
Any two Commissioners
(Insert title of officer or officers and specify In whet manner — Singly or Jointly)
and any one of such officers is authorized to endorse all notes, drafts, checks, bills, certificates of deposit or
other instruments payable to or owned or held by this Corporation for deposit in said account or for collec-
tion or discount by said Bank; and to accept drafts and other instruments payable at said Bank and to waive
protest of any checks, notes, bills or other instruments made, drawn or endorsed by or to the order of this
Corporation.
'FURTHER RESOLVED that all notes and other evidences of debt of this Corporation to Bank shall
be signed by
(Insert title of officer or officers and specify in what manner — Singly or Jointly)
and that such officer or officers are authorized on behalf of this Corporation to make loans from said Bank
from time to time for credit to the account of this Corporation evidencing the obligation of this Corporation
to repay such loans by signing notes as authorized herein, and to convey to and hypothecate or pledge with
said Bank such property and collateral securities owned or held by this Corporation as may be required by
said Bank for such loans.
"FURTHER RESOLVED that this Corporation is authorized to rent from the Bank a Safe Deposit
Box in their vaults, to be entered according to the policies and regulations of said Bank by
NONE
(Insert title of officer or officers and specify in what manner — Singly or Jointly)
"FURTHER RESOLVED that the Bank is hereby directed to accept and pay without further inquiry
any note, draft or check against said account bearing the signature or signatures of authorized officers even
though drawn or endorsed to the order of any officer signing the same, or tendered by such officer for cashing
or in payment of the individual obligation of such officer or for deposit to his personal account, and the
Bank shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of
any instrument signed in accordance with the foregoing resolution, or the application, or disposition of such
instrument or the proceeds therof.
"FURTHER RESOLVED that the Secretary shall certify to said Bank the names of the presently duly
elected and qualified officers of this Corporation and shall from time to time hereafter as changes in the per-
sonnel of said officers are made immediately certify such changes to the Bank and the Bank shall be fully
protected in relying on such certifications of the Secretary and shall be idemnified and saved harmless from any
claims, demands, expenses, loss or damage resulting from or growing out of honoring the signature of any
officer so certified or for refusing to honor any signature not so certified.
"FURTHER RESOLVED that the foregoing resolutions shall remain in full force and effect until
written notice of their amendment or rescission shall have been received by Bank and that receipt of such notice
shall not affect any action taken by Bank prior thereto; and
"FURTHER RESOLVED that the Secretary be, and he hereby is authorized and directed to certify to
said Bank the foregoing Resolutions and that the provisions thereof are in conformity with the charter and
by -laws of this Corporation."
I further certify that there is no provision in the Charter or by -laws of this Corporation limiting the
power of the Board of Directors to pass the foregoing resolutions and that the same are in conformity with
the provisions of said Charter and By -Laws.
I further certify that the present
and the offices respectively held by them are:
Commissioner
3zeasnra Commissioner
Commissioner
In WITNESS WHEREOF, I have hereunto subscribed my name and affixedt the seal of this Corpora-
tion, this 21st day of March, 1972• yr�19� /1
Cie
CORPORATE
SEAL
,.
NOTE: In case the Secretary is authorized to singly sign checks, notes, etc. by this resolution this Certificate
must also be signed by a Director other than the Secretary.
Director other than Secretary
R E S O L U T I U N O F
T O
J P H I L
C O E !_. E N D A T I O N
H O Y L E
VIIEREAS, J. PHIL HOYLB has terninated his I'_embership on
the Town Commission of the Town of Gulf stream, Florida; and
WHEREAS, MR. H0YLE has served on the Town Commission of
Gulf Stream, Florida, since March 15, 1960, devoting nuch of
his time and talents, energy and efforts to the affairs and
best interests of the To:an of 3ulf .stream and its citizens:
'ZI: RF.FORE, DE, I':' RESOLVED by the Town Commission of
the Town of Gulf i'tream, Florida, in session on this twenty -
first day of I :arch, 1972:
The Town Commission, for the Lembers thereof
and in behalf of the citizens of the Town of
Gulf Stream, in recognition of the outstand-
ing and valuable contributions of Tir. Boyle
to the `'own and its citizens, does hereby ex-
tend to him its thanks and deep appreciation
for his untiring efforts, accomplishments and
contributions to the flown of Gulf Rtream.
BE IT PUKTHF.R RESOLVED, that this Resolution No. 6 -72
be spread upon the Minutes of this Iieeting and an executed
copy thereof be presented to MR. J. PHIL HOYLE ;.
and iDOP=)
Larch 21, 1972
/S/ GEORGE W. WALKER
Mayor
/S/ WILLIAM F. KOCH, JR.,
vice - 1ayor
/S/ JOHN G. HART
commissioner
/S/ WILLIAM S. LaPORTE
Comm ss oner
/S/ HENRY N. WHITNEY
commissioner
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R E S O L U T I O N
NO. 3 -72
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, PRO-
VIDING FOR AUTHORIZED SIGNATURES FOR THE WATER
FUND AND THE ASSET REPLACEMENT FUND ACCOUNTS AT
FIRST NATIONAL BANK OF DELRAY BEACH, FLORIDA.
PASSED and ADOPTED on this 21st day of March, 1972.
Commiss oner
The above being Members of
and constituting the Town
Commission of the Town of
Gulf Stream, Florida.
Cr
RESOLUTION NO. 4 -72.
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, PROVIDING FOR AUTHORIZED OFFICIALS
TO ENTER THE SAFE DEPOSIT BOX - NO. 1950,
AT THE FIRST NATIONAL BANK OF DELRAY BEACH.
BE IT HEREBY RESOLVED by the Town Commission of the Town
of Gulf Stream, Florida, in regular session assembled on the
twenty -first day of March, 1972;
That any one of the undersigned Town Commissioners together
with the Deputy Town Clerk have and are hereby authorized to
enter Safety Deposit Box #1950, in the First National Bank of
Delray Beach, Florida, which has been rented by the Town of
Gulf Stream, Florida.
PASSED and ADOPTED on this 21st day of March, 1972.
IC
ATTEST: J
Deputy Town Cler_1
RESOLUTION 1TO. 7 -72.
Tm RESOLUTION OF THE TOWIT C0111ISSI0U OF THE TO'11T OF
GULF STREAM, Pp_111 BELCH COUNTY, FLORIDA PROVIDING
FOR N i;PPOI1TT11E1 I
N
1T TO FILL THE VACANCY N THE 1:EI.1-
BERSHIP OF THE TOTd1T C01111SSION FOR TIME TOWIT OF GULF
STREAtd, FLORIDA.
MHEREAS, the Honorable John G. Hart, Commissioner of the
Town of Gulf Stream, Florida, has tendered his resignation,
dated March 20, 1972, said resignation to taice effect upon its
acceptance by the Town Commission; and
WHEREAS. it is necessary to fill this vacancy in accord-
ance with Section 6 of Article II in Chapter 22306, Laws of
Florida, Special Acts of 1943, being the Town Charter Act of
the Town of Gulf Stream, in Palm Beach County, Florida, AS A-
MENDED in 11ay, 1951 by Act of the Legislature of the State of
Florida, Chapter 27579, House Bill. 1To. 354, and in accordance
with i114EYDEENT thereof as provided by Act of the Legislature
of the State of Florida - Chanter 29103 (House Bill No. 4 83)
in Hay, 1953. ,
110110 THEREFORE, DE IT RESOLVED BY T'IE TMM CO11I•II5.7ION OF
THE TOWN OF GULF STREAM, FLORIDA:
That JOHN I:, iMITTE110RE, a resident, voter and tax pay-
er of the Town of Gulf Stream, Florida, be and he is hereby
appointed Town Commissioner of the Town of Gulf Stream, Flori-
da, to fill the vacancy caused by the resignation of the Hon-
orable John G. Hart, and that the term of office of said ap-
pointed John K. d Miittemore, is to continue until his succes-
sor has been uly �yualified in accordance with the Charter of
the Town of Gulf Stream, Florida as AIIENDED.
PASSED and ADOPTED on this 9th day of June 1972.
ATTE�
eputy Town
Commissioner
BUDGET for Fiscal Year - - - OCT. 1 1972 thru SEPT. 30, 1973.
FISCAL YEAR
End, 9 -30 -1973
GENERF.L FUND:
�n
RESOLUTION NO, 8-720
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, P13LM BEACH COUNTY, FLORIDA, PRO-
VIDING FOR ADOPTION OF A BUDGET FOR THE TOW9NIS
FISCAL YEAR COMMENCING OCTOBER 1, 1972 AND END-
ING SEPTEMBER 30, 1973; ESTABLISHING A FOUR (4)
MILL TAX LEVY AGAINST THE ASSESSED VALUATIONS OF
ALL TAXABLE REAL AND PERSONAL PROPERTIES WITHIN
THE CORPORATE LIMITS OF SAID TOWN OF GULF STREAM
FOR OPERATION AND MAINTENANCE PURPOSES; AND AUTH_
ORIZING A PRO RATA SHARE OF GENERAL FUND EXPENSE
TO BE BORNE By THE WATER FUND FOR SAID FISCAL
YEAR TERMINATING ON SEPTEMBER 30, 1973.
BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM
,
FLORIDA,, that:
(1) The BUDGET for the Town of Gulf Stream, for the Fiscal Year com-
mencing October 1, 1972 and ending on September 30, 1973, detail-
ed COPY of which, attached hereto and forming apart hereof, re-
flecting, in part, total estimated General Fund and Water Fund
expenses for said Fiscal Year in the amounts of $ 1271900.00 and
$ 44,900.00 respectively, be hereby approved and adopted, dis-
bursements therefrom ONLY to be made under the categories of an-
ticipated expenses in the identified classifications of expendi-
tures as set forth in said Budget and for no other purpose than
those for which they are appropriated.
(2� The sums of monies set forth in said attached Budget be, and
hereby are, approved for the purpose of providing sufficient and
necessary funds for operation and maintenance of the Town during
said Fiscal Year commencing October 1, 1972.
BE IT FURTHER RESOLVED that, in lieu of there being any Water De-
partment personnel, the administration, functioning within the
General Fund, performs all necessary services relating to:
(a) Determining Water consumption of individual properties by Meter
readings;
(b) Billing of Water Charges;
(c) Collection of said Charges; and
(d) Maintaining proper accounting of all funds accumulating to the
Water Fund.
paid bytthetWatereFundstodetermined
the General that th
d�FiscalnYearh om -be
mencing October 1, 1972 and ending on September 30, 1973:
Pro rata share of Administration Expenses
Pro rata share of Police Department- - $ 68400.00
� enses - $ 200.00
PASSED and ADOPTED on this the 9th day o£.- JUNE
nh A4,1
c
RE:30LT7PIC7T 110. 5 -72.
A RESOLUTION OF THE TOWN COT11'I3SI01T OF THE TOPN
OF GULF STRFn14, PZa-11 BEP.CIi COUNTY, Fi•ORIDA, PRO -
VIDING FOR ADOPTION OF A BUDGET FOR THE TOT?NIS
FISCAAL YE:,P, COMMENCING OCTOBER 1, 1972 1117D EiTD-
ING SEPTEMBER 30, 1973; ESTABLISTTIPG A FOUR (4)
MILL TAX LEVY AGAIITST THE ASSESSED VALUATIONS OF
ALL TAXABLE REAL 1AND PERSONAL PROPERTIES WITHIN
THE CORPOPATE LIMITS OF S?!ID TOWN OF GTTLF STRE_:M
FOR OPERATIO17 AND MAINTENANCE PUP.POSES; AND P.TJTT
ORIZING A PRO RATA SHARE OF GENEF1,1. FUND EXPENSE
TO BE BORNE BY THE WATER FUND FOR SAID FISCAL
YEAR TERI•TINATING ON SEPTEPBER 30, 1973.
BE IT RESOLVED BY THE TOWN COM14ISSIO117 OF TIME TOWN OF GULF STREXI,
FLORIDA, that:
(1) The BUDGET for the Town of Gulf Stream, for the Fiscal Year com-
mencing October 1, 1972 and ending on September 30, 1973, detail-
ed COPY of which, attached hereto and forming a part hereof, re-
flecting, in part, total estimated General Fund and Water Fund
expenses for said Fiscal Year in the amounts of $ 127,900.00 and
$ 44,900.00 respectively, be hereby approved and adopted, dis-
bursements therefrom ONLY to be made under the categories of an-
ticipated expenses in the identified classifications of expendi-
tures as set forth in said Budget and for no other purpose than
those for which they are appropriated.
(2) The sums of monies set forth in said attached Budget be, and
hereby are, approved for the purpose of providing sufficient and
necessary funds for operation and maintenance of the Town during
said Fiscal Year commencing October 1, 1972.
BE IT FURTHER RESOLVED that, in .lieu of there being any Water De-
partment personnel, the administration, functioning within the
General Fund, performs all necessary services relating to:
(a) Determining Water consumption Of individual properties by Meter
readings;
(b) Billing of ITater Charrj
(r.) Colloction of said Charges; and
(d) Maintaining proper accounting of all funds accumulating to the
Water Fund.
It is, therefore, determined that the following amounts shall be
paid by the Water Fund to the General Fund for said Fiscal Year com-
mencing October 1, 1972 and ending on September 30, 1973:
Pro rata share of Administration Ernenses -
Pro rata share of Police Department enses Exp - $ 6,400.00
r - $ 200.00
PASSED and IDOPTED on this the 9th day of JUNE
1972.
� 5771 t::�
11 v r _�
cf-Mayor 1
AT '�
Dep. Town Clerk.
ssioner
om
Com issioner —
i
RESOLUTION NO. 9 -72,
A RESOLUTION OF THE TOTTN OF GULF STREL-111 PALM BEACH
COUNTY, FLORIDA, PROVIDING FOR COMPLIANCE WITH CER-
TAIN REQUIREMENTS UNDER THE 1972 FLORIDA REVENUE
SHARING ACT.
WHEREAS, the Town of Gulf Stream, Florida, desires to par-
ticipate in and receive from the State of Florida, at the earliest
possible time, all funds which the Town of Gulf Stream is entitled
to receive under the 1972 Florida Revenue Sharing Act Senate Bill
2 -F, as said Act may from time to time be amended ,
, and
TMEREAS, in order to qualify for said revenue sharing funds
during the 1972 -1973 fiscal year, the Town of Gulf Stream is re-
quired to complete and return to the Florida Department of Revenue
on or before June 1, 1972, a Report Form of pertinent data includ-
ing certification that,
a. All police officers, as defined by Section 23.061(1),
Florida Statutes, employed by the Town of Gulf Stream,
meet the qualifications for employment as established
by the Police Standards Council of the State of Flori-
da, and
b. No law enforcement officer employed by the Town of
Gulf Stream is compensated for his services at an an-
nual salary rate of less than $68000.00, and
c. The salary structure and salary plans of the Town of
Gulf Stream for law enforcement officers will meet
the provisions of Part IV of Chapter 23, Florida
Statutes, 1972; and
11HEREAS, upon due investigation, the Town Commission or
Administration of the Town of Gulf Stream has determined that all
Police officers employed by the Town_ do meet the qualifications
for employment established by the Police Standards Council, and
that no law enforcement officer employed by the Town of Gulf Stream
is compensated for his services at an annual salary rate of less
than $6,000, and the Town Commission or Administration of the Town
Of Gulf Stream, desires to hereby evidence by this resolution said
Town's compliance with the provisions of Paragraphs (a) and (b) a-
bove, and to hereby adopt the qualifying measures set forth in Par-
agraph (c) above;
NOW, THEREFORE, BE IT RESOLVED BY THE TOT7N COMMISSION OR
ADMINISTRETION OF THE TMIN OF GULF STREA1.% FLORIDA, as follows:
SECTION 1. QUiiLIFICATIONS OF POLICE OFFICERS:
The Town Commission, or Administration has duly investi-
gated the qualifications o£ each law enforcement officer presently
employed by the Town_ of Gulf Stream, and has determined that all
such law enforcement officers do meet the qualifications for em-
ployment established by the Police Standards Council of the State
of Florida; and all law enforcement officers hereafter employed by
the Town of Gulf Stream shall, prior to employment, be required to
show that they meet said qualifications for employment.
SECTION 2. MINIKUM SMARY FOR POLICE OFFICERS:
Ito law enforcement officer employed by the Town of Gulf
Stream, Florida, is Compensated for his services at an annual Sal-
ary rate of less than $6,000.
cont.
I'D Ie Two
SECTION 3. SAIARY INCENTIVE PROGRAN-
The salary incentive benefits authorized hereby shall be
payable in accordance with the rule and regulations established
by the Bureau Of Police Standards through its Board in coopera-
tion with the Department of Community Affairs.
SECTION 4. SUBMISSION OF REPORTS:
The Town of Gulf Stream shall submit reports to the Police
Standards Council on December 31, March 31, June 30 and September
30, of each year containing information relative to compensation
of law enforcement officers employed by it, and such other infor-
mation as the Council may require.
SECTION 5. EFFECTIVE DATE:
Except as herein otherwise specifically indicated all pro-
visions of this resolution shall be a;ir] become effective immediately
upon its adoption hereof.
ADOPTED at a regular meeting of the Town Commission of the
Town of Gulf Stream, Florida, this 9th day of JUNE 1972.
AT11E3 : ,
T
Dlep. Tower }Cyr
Commissioner
RESOLUTION NO. 12 -72.
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ES-
TABLISHING A THREE (3) MILL TAX LEVY AGAINST THE
ASSESSED VALUATIONS OF ALL TAXABLE REAL AND PER-
SONAL PROPERTIES WITHIN THE CORPORATE LIMITS OF
SAID TOWN OF GULF STREAM, FOR THE CALENDAR YEAR
OF 1972,
NOW, BE IT RESOLVED, that all real and personal property
valuations of properties lying within the corporate limits of
the Town of Gulf Stream, Florida, subject to ad- valorem taxa-
tion, as shown on the Palm Beach County Property Assessment
Roll for the calendar year 1972, shall be subject to a tax levy
of three (3) mills, and
That the Town Manager be and is hereby directed to inform
the Palm Beach County Tax Assessor and Tax Collector of such ap-
proved three (3) mill levy against all taxable properties in the
Town of Gulf Stream, Florida, for the calendar year 1972, said
County Officials having been directed to assess and collect the
1972 ad- valorem taxes for the Town of Gulf Stream, in accordance
with the provisions under Chapter 69 -54 of the Florida Statutes,
and, on May 28, 1970, so directed by Circuit Court Judge Robert
S. Hewitt in Palm Beach County Circuit Court - Case No. 69 C 3979
(Hewitt).
PASSED and ADOPTED on this the 8th day of September, 1972.
ATTEST:
Deputy Town Clerk
COMMISSIONER
C ISSIONER
?7
ORDINANCE NO. 72 -1,
AN ORDINANCE OF Ti1E TOWN C011IdISSION OF TI1h TOWN
OF GULF STREAM, PALI1 BEACH COUNTY, FLORIDA, PRO-
VIDING FOR 1,11131DI•irNT OF SECTION ONE, ORDINANCE
NO. 106, PASSED AND F,DOPTUD Otd FEBRUARY 9, 1953.
WHEREAS, SECTION ONE of Ordinance No. 106 of the Town
of Gulf Stream, Florida, provides for creation of a Town Plan-
ning Board; establishing the number of Board Members as Four
(4); and determining that Two (2) Members of said Board shall
constitute a quorum for the transaction of business:
NO'v, 1I1PREFORE, BE IT RESOLVED by the Town Commission
of the Town of Gulf Stream, Florida, that said SECTION ONE of
Ordinance No. 106, adopted February 9, 1953 by the Town Commis-
sion for the Town of Gulf Stream, Florida, be amended so that
said SECTIO17 ONE, when so amended, shall read as follows:
"SECTION ONE: That there is hereby created a Town Plan-
ning Board of the Town of Gulf Stream, Florida, which Board
shall be composed of Five (5) Members, who shall serve without
compensation, all of whom shall own improved real estate within
the Town, and shall reside therein at least three (3) months of
each year. The members of the Town Planning Board, and the
Chairman thereof, shall be appointed by the Town Commission and
each Member shall serve for a term of three (3) years. Any mem-
ber of the Town Planning Board shall be subject to removal from
office by the Town Commission for good cause. The 'Down Planning
Board shall have power to adopt its own rules of procedure, and
to make regulations for the submission to it of all matters be-
ing within its jurisdiction. Three (3) Members of the Town Plan-
ning Board shall be sufficient to cnnstitute a quorum for the
transaction of business, but a smaller number may adjourn from
time to time."
This ordinance shall take effect and be in force from
and after PASSAGE, and ADOPTION and approval as required by law.
FIRST READING OF ORDINANCE NO. 72 -1 - - - APR 14 1972
SECOND & FINAL READING THEREOF - -
PASSED and ADOPTED -JUN 9 1972 JUN 9 197 ?..
ATTEST,t
G Z --
Dep, Town Clerk
f
1 `f
Commissioner
Comm %Tfoner
Co m as oner
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APR 14 1972
— — JUN G 1972
1972.
Vi cc —Ii,•, -mil- l �
Comvi.Uri.111rr 1
on .:r
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�n„mi s: �_ nner
ORDINANCE NO. 72 -2.
AN ORDINANCE OF THE TO,'IT OF GULF STREAhI, FLORIDA,
AUTHORIZING THE TO;JN COMMISSION TO PROHIBIT OR
CURTAIL CERTAIN USES OF TJATER NOT ESSENTIAL TO
THE PUBLIC WELL BEING DURING DROUGHT CONDITIONS;
DEFINING THE TERMS PERTAINING THERETO; APPLICA-
TION OF ORDINANCE; PROVIDING FOR PENALTIES; AP-
PEAL PROCEDURE AND SEPARABILITY CLAUSE; AND FOR
OTHER. PURPOSES.
WHEREAS, from time to time an emergency situation may arise
affecting the Town of Gulf Stream, Florida, whereby an extreme short-
age of water may occur due to prolonged and severe drought conditions;
and
WHEREAS, during such emergency conditions the level of water
reservoirs supplying water to the Town and water tables and well fields
beneath the Town may become perilously low; and
NHEREAS, upon the existence of such conditions it becomes im-
perative to the public well being that certain uses of water, not es-
sential to the health, welfare and safety of the Town and its inhabi-
tants be restricted or curtailed; and
WHEREAS, the Central and Southern Florida Flood Control Dis-
trict, a public corporation of the State of Florida, charged with res-
ponsibility for the control of levels of water within said District,
has during such drought periods declared the existence of an emergency
situation and ordered curtailment or restriction of such non - essential
use of water;
NOT18 THEREFORE, BE IT ORDAINED BY THE T014N COMMISSION OF THE
TMITJ OF GULF STREAM, FLORIDA;
SECTION 1. DEFINITIONS
For the purpose of this Ordinance the following terns, words,
phrases, and their derivations shall have the meaning given herein.
Tdhen not inconsistent with the context, words used in the present tense
include the future, words in the plural include the singular, and words
in the singular include the plural.
(1) Town is the Town of Gulf
( ?} "Person" is any person,
corporation, company or
(3)
Stream, Florida.
club, firm, partnership, association,
organization of any kind.
"Emergency Situation" is such a situation as shall be deter-
mined and declared by the Central and Southern Florida Flood
Control District as in existence due to prolonged drought
conditions resulting in the serious shortage of fresh water
supply to this area or Town; or prior to any determination
or declaration by the Central and Southern Florida Flood Con-
trol District, or, for any other local reason this Town may
determine that it has become seriously affected by any such
shortage of water. As a result of either of the foregoing
determinations the Town Commission of Gulf Stream, Florida,
or its Mayor, shall declare an "emergency situation" and im-
plement the provisions of this Ordinance.
SECTION 2. APPLICATION OF ORDINANCE
The provision of this Ordinance shall apply to all persons
using water both in and outside the Town, and regardless of whether
any person using water shall have a contract for water service with
the Town if said water is taken from the Town water supply system.
SECTION 3. RESTRICTION OR CURTAIL11rNT OF WATER USAGE
At such times as an "emergency situation" is declared by the
Central and Southern Florida Flood Control District as affecting
this Town or is so declared by the Town Commission regarding the
supply of fresh water due to prolonged drought conditions, the Town
Commission, or its Mayor, is authorized to implement this Ordinance
by ordering the restricted use of water or absolute curtailment of
use of water for certain non - essential purposes including but not
limited to the following:
(1) The sprinkling, watering or irrigating of shrubbery,
trees, lawns, grass, ground covers, plants, vines, gardens, vege-
tables. The Town Commission, or its Mayor, is authorized to specify
certain days and place limitations on the hours or period of time
when lawns and shrubbery may be watered.
(2) The washing of automobiles, trucks, trailers, mobile homes,
campers, boats, or any other type of mobile equipment; except bona
fide business enterprise where vehicle washing is done.
(3) The washing of sidewalks, driveways, porches, exterior of
homes, apartments, office buildings or other outdoor surfaces.
(4) The operation of any ornamental fountain or other struc-
ture using water without a recirculating system.
(5) Swimming and wading pools not using a filter and recircu-
lating system.
(6) The escape of water through defective plumbing, which
shall mean the knowing permission for defective plumbing to remain
out of repair.
SECTION 4. PENALTIES
It is the responsibility of any property owner to see that
compliance with restrictions as may be put into effect by the Town
Commission, or its Mayor, is effected, and the Town Commission, or
its Mayor, may suspend water service from any property when th
visions of this Ordinance have been violated. e pro-
SECTION S.
Whenever the Town Commission, or its L?ayor, shall issue an
order directing restriction or curtailment of the use of water as
provided herein, or shall suspend water service as a result of a
violation of provisions of this Ordinance, the person aggrieved
shall have the right to appeal the decision of the Mayor to the
Town Commission. The Town Commission shall grant such person a
reasonable opportunity to present in writing, or at the Commissionis
option in open hearing, his arguments against such decision of the
Mayor. The Commission shall consider such arguments and pertinent
facts and its decision with respect to such appeal shall be final.
SECTION 6. EXCEPTION TO MAINTAIN SANITATION
The Town Commission, or its Mayor, upon the recommendation of
the County Health Officer, or upon its own recognizance, shall have
the authority to permit a reasonable use of water in any case neces-
sary to maintain adequate health and sanitation standards.
page 2
SECTION 7. WATER USEP.S TO ACCEPT PROVISI02dS OF ORDINANCE
No water service shall be furnished to any person in the
Town who does not agree to accept all of the provisions contained
in this Ordinance, and all of the reasonable rules and regulations
not inconsistent herwith promulgated by the Town Commission for
the regulation of water service. The acceptance of water service
from the Town shall be in itself the acceptance of the provisions
hereof.
SECTION 8. AUTHORITY
Specific authority is hereby granted to codify this Ordinance.
SECTION 9, EFFECTIVE DATE OF ORDINANCE
This Ordinance shall take effect immediately after its final
passage by the Town Commission as provided by the Town Charter.
FIRST READING THIS 14th DAY OF April 1972.
SECC17) and FINAL READING,
PASSAGE & ADOPTION ON THIS 9th DAY OF JTATE , 1972.
(Corporate Seal)
ATTEST:
Dep. Town
page 3
IR
Yj ay r /
i7ee -May °r `
Commissioner
C,�1mmi ssion r
C missioner
As and constituting the Town
Commission of the Town of
Gulf Stream, Florida.
Lj (J
ORDIBi_-17CE U0. 72 -3.
101 01R')IIJ:ZdCR OF TiM TO,fi C0i11•:i3STOi? Fnr_ 711
TOWN OF ;RILF STREI;I•?, PALM BEACH CCITN'rY FLO-
RID, , P T AND PRO- ILIFG• Dr-
FITTING '17113 CRII4E OF LOITP,RING 11TD PRO FLING;
PROVIDING rr_^, Y)REST ??ITFIOUT it ?�RRi TJT FO TIIc
CRIME CF LOITEPURG OR PRW, lbTG; P'_iOVIDITTG A
PrAT:_I.,TY; PROVIDING 1:N rFFT:CTIVE DI_TF..
:IHEREPS, the United estates Supreme Court recently declared the
Florida Vagrancy Law unconstitutional.; and
=iHERERS, such declaration by the United States Supreme Court
causes a condition detrimental to the good gpvernment and welfare
of the Town of Gulf Stream by having eliminated any enforceable
law to deal with loiterers or prowlers:
NOW, THEREFORE, BE IT O ^DAINED by the Town commission for the
Town of Gulf Stream, Florida, that:
SECTION 1.
(1) It is unlawful for an person to loiter or prowl in a place
at a time, or in a manner not usual for law - abiding individuals
under circumstances that warrant a justifiable and reasonable a-
larm or immediate concern for the safety of persons or. property
in the vicinity,
(2) Among the circumstances which may be considered in determi-
ning whether such alarm or immediate concern is warranted, is the
fact that the person takes flight upon appearance of a law efforce-
ment officer, refuses to identify himself, or manifestly endeavors
to conceal himself or any object. Unless flight by the Person or
other circumstance makes it impracticable,
the , p
afford the a law enforcement of-
ficer srior to any arrest for an offense under this Section,
person an opportunity to dispel any alarm or immediate
concern, which would otherwise be warranted, by requesting him to
identify himself and explain his presence and conduct./ 140 person
shall. be convicted of an offense under this Section if the law en-
forcement officer did not comply with this ;procedure, or if it an-
pears at trial the e_cplanation given by the Berson is true
and if believed t A Office- at the t_ , , ouT
d have Oinn�llv?c1
the alarr, or immediate concern,
(3) Any Person viol.ating the provisions of this Section shall be
guilty of a misdemeanor, n>>nishable as provided in article IIi,
Chapter 22306 (ITO. 672) , 1-,aws of Florida, Siecial J -cts of 1943,
being the Charter Act for the Town of Gulf Stream, Florida.
SECTIOD 2.
a.ny officer Of the Gulf Stream Police Department may arrest
any suspected loiterer or prowler, without a warrant, in case de-
lay in procuring One will probably enable such suspected loiterer
or prowler to escape arrest, as provided in Section 856.031 of the
Florida Statutes.
This ordinance shall take Pffe_et October 1, 1972.
Placed on First Reading MAY 12 1972
F1.33ED and ADOPTED on JUL 72
�. 19 ����///// CC
Second &Final heading t
G(1U'i.
ATTEST:
--+
-e Commisstor_er
U"Z
Len. Town C k 9
ORDINANCE NO. 72 -4
AN ORDINANCE OF THE TOWN OF GULF S'T'REAM,
FLORIDA, AMENDING ORDINANCE NO. 127 RE-
LATING TO OCCUPATIONAL LICENSE TAXATION;
AUTHORIZING THE LEVYING OF OCCUPATIONAL
LICENSE TAXES UNDER CERTAIN CONDITIONS
AND RESTRICTIONS; PROVIDING FOR TRANSFER
OF LICENSES; PROVIDING FOR DATES DUE AND
PENALTIES FOR DELINQUENCY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has
repealed Chapter 205 of the Florida Statutes relating to Occupational
License Taxes and has adopted a new Chapter 205, cited as the "Local
Occupational License Tax Act"; and
WHEREAS, the Commission of the Town of Gulf Stream,
Florida, in order to conform with the laws of the State of Florida,
finds it necessary to amend the present Ordinance No. 127 of the
Town of Gulf Stream, Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, FLORIDA:
SECTION 1. CLASSIFICATIONS FOR LEVY OF LICENSE TAX - AMOUNT OF TAXES.
Under the authority of the Town of Gulf Stream, Florida
to levy occupational license taxes on:
A. Any person who maintains a permanent business lo-
cation or branch office within said municipality for the privilege
of engaging in or managing any business within its jurisdiction;
B. Any person who maintains a permanent business lo-
cation or branch office within said municipality for the privilege
of engaging in or managing any profession or occupation within its
jurisdiction; and
C. Any person who does not qualify under the provi-
sions of A or B above, and who transacts any business or engages in
any occupation or profession in interstate commerce where such license
tax is not prohibited by Section 8 of Article 1 of the United States
Constitution.
the following occupational license taxes are levied:
1. Any general building contractor including sea wall
and groin contractors doing business as outlined in A, B and C above
shall pay the annual license tax of Seventy -five Dollars ($75.00).
2. Any other business firm or corporation engaging in
any lawful business, profession or occupation doing business as out-
lined in A, B and C above, shall pay the annual license tax of Thirty
Dollars ($30.00).
SECTION 2. LICENSES ISSUED ANNUALLY- PROVISIONS FOR TRANSFER.
A. No license shall be issued for more than One (1)
year and all licenses shall expire on October 1 of each year.
B. All business licenses may be transferred to a new
owner when there is a bona fide sale of the business, upon payment
of a transfer fee of Three Dollars ($3.00), and presentation of evi-
dence of sale and the original license.
C. Upon written request and presentation of the origi-
nal license, any license may be transferred from one location to
another location in the Town of Gulf Stream, Florida, upon payment
of a transfer fee of Three Dollars ($3.00).
SECTION 3. DATES DUE AND PENALTIES.
A. All licenses shall be sold beginning September 1
of each year and shall be due and payable on October 1 of each year
and shall expire on September 30 of the succeeding year. Licenses
not renewed by October 1 shall be considered delinquent and subject
to a delinquency penalty of ten per cent (10 %) for the month of
October plus an additional five per cent (5 %) penalty for each month
of delinquency thereafter until paid; provided, that the total de-
linquency penalty shall not exceed twenty -five per cent (25 %) of the
occupational license fee for the delinquent establishment.
B. Any person engaging in or managing any business,
occupation or profession without first obtaining a local occupational
license, if required hereunder, shall be subject to a penalty of
twenty -five per cent (25 %) of the license determined to be due.
2
SECTION 4. EFFECTIVE DATE OF ORDINANCE.
This ordinance shall take effect immediately after
its final passage by the Town Commission of the Town of Gulf Stream,
Florida, as provided by the Town Charter.
FIRST READING THIS 8TH DAY OF SEPTEMBER, 1972
SECOND AND FINAL READING,
PASSAGE AND ADOPTION ON THIS 13th DAY OF OCTOBER 1972.
(Corporate Seal)
Attest:
Depui304;`�--
3
-Vice—Mayor
Commissioner
�c . L� J --
V41
as and constituting the Town Commission
of the Town of Gulf Stream, Florida