11-14-60 809
NOVEMBER l~th, 1960.
A regular meeting of the City Oouncil of Delray Beach was held
in the Council Chambers at 8:00 P.M., with Vice Mayor Dugal G.
Campbell in the chair, Acting City Manager R. D. Worthing, City
Attorney Richard F. Zimmerman and Councilmen Charles H. Harbison,
John A. Thayer and George V. Warren being present.
An opening prayer was delivered by Councilman Charles H. Harbison.
On motion by Mr. Thayer, seconded by Mr. Harbison and unanimously
carried the minutes of the regular meeting of November 7th, 1960 were
approved.
Mrs. William G. Weiss, representing the Woman's Auxiliary of the
Bethesda Memorial Hospital, requested that the City of Delray Beach
take an advertisement in the program for a Horse Show to be held
February P_nd, 3rd & 4th, 1961, proceeds to be used for a new wing
for the hospital. Mr. Warren moved that the Council appropriate
$100.00 from the General Fund for the purpose of running this adver-
tisement in said Horse Show Program. The motion was seconded by Mm.
Thayer and carried unanimously. Vice Mayor Campbell requested that
the City Manager be asked to work up said advertisement and submit it.
On November 7th the Council tabled, for one week, awarding of the
bid for fire equipment for the purpose of trying to work out something
with the Reservation Volunteer Fire Department for the purchase of
the used truck. Mr. Worthing informed the Council that he had re-
ceived assurance that at such time as delivery is made possible on
the 19~3 Dodge fire truck to the Reservation Volunteer Fire Department
the balance of $800.00 will be paid as they have a $400.00 deposit on
said truck at this time. Mr. Worthing' then read RESOLUTION NO. 1292.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY 0F DELRAY BEACH, FLORIDA, PROPOSING
TO SELL A SURPLUS FIRE TRUCK TO TRUSTEES
OF"THE RESERVATION VOLUNTEER FIRE DEPT."
AND DIRECTING CLERK TO GIVE NOTICE THERE-
OF BY ADVERTISEMENT.
WHEREAS, the City of Delray Beach is the owner of a certain 1943
Dodge 6 x 6 Army Surplus Cargo Wagon converted into a fire truck in
1946 by the City, with a 500 GPM front-mounted Barton USO Pump and
a 400 gallon tank, together with a 1000 foot hose bed;' and
WHEREAS, areas near to the municipal limits of said City do not
have fire protection, and thereby it is to the best interest of said
City that said personal property be sold to The Reservation Volunteer
Fire Department located in such nearby areas; and
WHEREAS, The Reservation Volunteer Fire Department has been orga-
nized tO serve and fuxu~ish fire protection to nearby unincorporated
areas north west of said City, and is in need of equipment, and has
offered to purchase the above described converted fire truck for the
sum of $1,200.00 payable as hereinafter set forth, which is deemed
to be the fair value of said property.
NOW, THEREFORE, BE IT R_~OLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, as follows:
s-1!'od It is proposed that the above described personal property be
to the Reservation Volunteer Fire Department for the sum of
$1,200.00 payable in full, together with transfer of title upon
delivery of said equipment as hereinabove described.
2. That the Oity Clerk is hereby directed to advertise the terms
of this proposed sale in a newspaper published within the City of
Delray Beach, ~lorida, once a week for two consecutive weeks as re-
quired by Section 7 (2) (c) of the Charter; that said notice shall
further require that any objections to such proposed sale must be made
in w~iting, and filed with the City Clerk on or before 5:00 P.M., on
Monday, the 5th day of December, 1960.
NOVEMBER ]~.~th, 1960.
3. That any objections to such proposed sale shall be considered
at the regular meeting of the City Council to be held on December 5th
1960, and at that time such proposed sale shall either be authorized
or denied.
PASSED IN RECUR SESSION this l~th day of November, 1960.
It was moved by Mr. Thayer, seconded by Mr. Warren and unanimously
carried to adopt Resolution No. 1292.
Mr. Thayer then moved that the award for the fire truck be given
to the low bidder, the Artex Fire ~ Equipment Company in the amount
of $13,350.00. The motion was seconded by Mr. Warren and unanimously
carried.
Mr. Worthing informed the Council that the purchase of two
Motorola Transistorized 2-way radios had been requisitioned by the
Fire Depamtment and that competitive bids had not been obtained as
there is about fifty Motorola units in use by the City at this time
and it was considered best to continue with the same make of eq~.ip-
merit and is so recommended by the Fire Chief, the City Manager and
himself. The price quoted on these two Motorola radios is $1,590.00.
It was moved by ~r. Warren and seconded by Mr. Harbison to accept the
recommendation and approve the purchase of the two Motorola Radios.
Vice Mayor Campbell surrendered the chair to Mr. Warren and stated
that he thought this item should be tabled for one week and competi-
tive bids be obtained on'other makes of radios. Following discussion
and upon call of roll Mr. Warren and Mr. Harbison voted for the motion.
Mr. Thayer and Mice Mayor Campbell were opposed.
Mr. Worthing informed the Council that the following bids had been
received for ten fire hydrants as requested by the Water Department,
and that it had been recommended the low bid be accepted.
Ben F. Crabbe, Inc., Orlando, Florida $1,137.50
Mueller Company, Chattanooga, Tenn. $1,280.~0
It was moved by Mr. Harbison, seconded by 'Mr. Thayer and unanimously
carried to follow the recommendation and award the contract to the
low bidder in the purchase of said fire hydrants.
Mr. Worthing presented the following bids that had been received
for construction of the North-South Alley in Block 100 and stated
that it had been recommended that the award be made to the lowest
bidder. Am0.u.n~t
B. B. Boldt, nc. $ . .038. 0 l0 d,, s d ys
Hardrives of De]may, Inc. 4,197.00 10
Palm Beach Asphalt Corp. .4,236.25 - - ~45."
Rubin Construction Co. ~,311.10 10 "65 "
It was moved by Mr. Harbison, seconded by Mr. Warren and unanimously
carried that the award be made to the lowest bidder for the con-
struction of the North-South Alley in Block 100.
Mr. Worthing informed the Council that through the cooperation of
the PaLm Beach County Civil DefenSe Director, city officials recently
have been able to purchase government surplus equipment. Ail items
purchased are covered in the current budget with the exception of the
following items and it is requested that a transfer of funds in the
amount of $500.00 from the Contingency Fund to the Department of
Public Works be approved .to cover payment of said items.
Generator for the new City Hall $27~.00
Tractor-mounted saw for clearing lots -125.00
Concrete mixer 100.00
Following discussion it was moved by Mr. Harbison, seconded by Mr.
'warren and unanimously carried to approve the requested transfer of
funds from the Contingency Fund.
Improvement of N. W. 3rd Avenue lying between 2nd and 3rd Streets
was authorized by the Council on November 7th and Mr. ~orthing read
the following resolution which has been prepared concerning same.
2
NOVEMBER 14th, 1960.
RESOLUTION NO. 1~9~.
A ~ESOLUTION OF THE OITX OOUNCIL OF THE
CITY OF DELRAY BBACH~ FDORIDA, REQUIRING
P~S, SP~ICATI~ ~ ~T~TE OF C~T
TO OPEN, G~E A~ PA~ ~T PART OF NO~H-
~ST ~I~ A~ L~NG ~~ NORTH~ST
SEC0~ ~ THI~ ST~ETS.
~~S, the City C9uncil of the 0ity of D~lray Beach, Florida,
~y-deem it tS be necessa~ fo~ ~e safety and convenience of the
public to open, grade and pave that ~a~ of Northwest ThUd Avenue
lying between No~thwest Second and ~rd Stmeets to a width of
twenty-four (~) feet, the City of Delray Beach, Pa~ Beach County,
~lo~lda, to shame in the =cst of suoh i~ovement with the owners of
l~ds abutting thereon;
NOW, T~0~, ~ IT ~OL~D by the 0ity 0ouncil of the City
of Delmay Beach, Pa~ Beach C~nty, Florida, as follows:
SECTION 1. That the City M~ger be mequi~ed to submit plus,
spee~lcations ~d a~ e~t~te of the eost of such ~rovement to
be ~de, ~ that the s~e shall be placed on file in the office of
~e 0ity Managem.
P~S~ ~D ~0~' by the Oi~ Co~cil of t~ City of Delray
Beach, Flomida on ~is ~e ~th day of Nove~er,.~A.D., 1960.
It was moved by ~. H~bison, seconded b~ ~. W~en and un~imously
ca~=ied to adopt Resolution No. lZg0.
~. Wo~thi~ ~ead ~SOL~ION N0. 1291.
A ~SOL~ION 0P T~ CI~ OO~CIL 0F T~ CI~
0F DE~Y ~OH, FLOR~A, ORD~ING T~ O~ING,
G~ING A~ PAV~G 0~ T~T PA~ OP NO~~T
THI~ A~ LYING BET~ NO~~T SEC~
~ ~ ST~.
~AS, the City Council of the City of Delray BeaCh, Flomida,
did, on the ~th day of N~e~em, 1960, adopt Resolution No. lZg0
orde~i~ the City Manager to ~repa~e plus ~d specifications, to-
gether with est~ate of cost of o~ening, g~adi~ and paving of that
p~t of Northwest Thimd Avenue lying between Nor~west Second and
Thimd Streets to m width of twenty-f cum (~) feet, ~d requi~ing said
plus, specificatio~ ~d esti~te of cost of such improvement to be
placed on file in the off~e of the City M~age~, and
~~, the City Council deems it to be necessary fo~ the safety
~d convenience of the ~ublic to open, ~ade ~d pave said street,
NOW, TH~ORE, BE IT ~SOL~ by the Cl~ Council of the City of
'~De~ay Beach, Plo~ida, that it is dete~ned to make the following
described i~ovement, to-wit;
To O~en, Gmade and Pave that pa~t of Northwest
Third Avenue lying between Northwest Second
~d Third Streets to a wid~ of twenty-fo~
(~) feet, the total cogt, as est~ated, rom
such ~owe~nt bei~ $2,600.00.
~ IT P~~ ~0L~ that the entime oust of such ~=ovement
shall be sh~ed ~ t~ Oit~ ~f De~aF Beach, Florida, ~d the follow-
t~ des~ibe4 ~ope~ties In De~aF Beach, Pa~ Beach Qounty, Florida,
on a basis ~f the Oity of D~I~ay ~ach payi~ twenty (~0) ~e~ cent
of ~e cost of mai4 ~ow~ent and ~e a~utting ~opemty o~e~s,
said p~o~e~ties sh~n below, payi~ elSty (80) pe~ c~nt of said
total oost.
3
NOVEMBER l~th, 1960.
BLOCK LOT, pESCRIi~ ION
34 E~ of Block less S 96' of N 144' of E 135'
34 S 96' of N 144' of E 135'
42 W 2/3 of block
said benefits to be determined and prorated according to the front
· footage of the respective properties as set forth immediately above.
BE IT FURTHER RESOLVED that said special assessments against all
the parcels of lands as set forth above which are specially benefited,
shall be and remain liens superior in dignity to all other liens,
except liens for taxes, until paid, from the date of the assessment
upon the respective lots and parcels of land assessed, and which
shall bear interest at the rate of eight (8) per cent per annum,
and which may be paid in three (3) equal yearly installments with
accrued interest on all deferred payments. Payment shall be made
at the same place that taxes payable to the City of Delray Beach,
Florida, are paid, namely the office of the City Tax Collector,
and upon failure of any property owner to pay the annual installment
due, or any annual interest upon deferred payments, the City of
Delray Beach may bring necessary legal proceedings by a Bill in
Chancery to enforce payment thereof with all accrued interest, to-
gether with all legal costs incurred, including a reasonable
torney,s fee. The total amount of any lien may be paid in full at
any $1me with interest from the date of assessment.
IT IS ORDERED that the City Council shall sit at the City Hall
in the City of Delray Beach, Florida, at 8:00 P.M. on the 28th day
of November, 1960, for the purpose of hearing objections, if any,
on said proposed improvement, as set forth above.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, on this the l~th day of November, 19606
It was moved by Mr. Warren, seconded by Mm. Harbison and unanimously
carried to adopt Resolution No. 1291.
Mr. Worthing read RESOLUTION NO~ 1293.
BE IT RESOLVED by the City Council of the City of Delray Beach,
Florida, (being the legislative body of said City), a municipal
corporation of the State of Florida, that this Council does hereby
find end 'declare:
1. That it is against the best interests and welfare of this
municipality and its inhabitants that Seaboard Air Line Railroad
Company and Atlantic Coast Line Railroad Company be permitted to
merge, as proposed in their recently filed Joint Application to
the Interstate Commerce Commission, Finance Docket 21215.
2. That this City, acting through its legislative body, should
be and hereby declares that it is unalterably opposed to any merger
of said two railroads.
3. That certified copies of this Resolution be mailed by the
City Clerk of this municipality to the following:
(a) The Secretary of the Interstate Commerce
Commission, Washington 25, D. C.
(b) Florida Railroad and Public Utilities
Commission, Tallahassee, Florida.
PASSED AND ADOPTED in regular session this ....... day of
.,, ...... , 1960.
Following discussion it was moved by Mr. Harbison, seconded by
~, Thayer and unanimously carried to table action on Resolution No.
1293 until the next meeting.
NOVEMBER 14th, 1960.
Mr. Worthing read the following memorandum from the City
Engineer to the City Manager dated November l~th:
"Subject: Drainage at Seagate Drive and Azalea Road.
"In accordance with your request, the following memo out-
lines the history of the drainage installation in the area
of the residences of Messrs, Withington, Vos and Geehr and
the engineering recommendations with regard to same.
"After receipt of the engineering drawings for this location,
and prior to the installation of any facilities, the above-
mentioned gentlemen requested that a sewer line be extended
south along the west side of Seagate Drive to a point in the
vicinity of their houses where an inlet would be provided.
A spur line from this inlet running across to the opposite
side of the street was also requested. The approximate
location of the requested sewer and inlets has been indicated
in red on the attached drawing.
"This request was referred to the designing engineers,
Brockway, Weber and Brockway, for a recommendation. The
Engineers recommended against the unnecessary expense of
this installation, stating that the water would be amply
carried to the catch basins at the intersection of Azalea
Road and Seagate Drive by swales on either side of the street~
"After the installation of the existing drainage facilities~
Seagate Drive in this location was re-worked by city forces
to the exact elevation recommended by Brockway, Weber and
Brockway.
"Several complaints have since been received from the property
owners involved. The most recent complaints were lodged after
the recent heavy rains and it was found that the water table
was very close to the surface in this area. In other words,~
the ground was saturated. However, the only actual ponds of
standing surface water were caused by piles of trash which
had been thrown in the swale blocking it from functioning
properly.
"It is not the engineering recommendation that the additional
sewer line be installed, as requested, for the following.reasons:
"l. The surface water will be adequately carried
away by the existing facilities provided the
swa~es are maintained open.
"2. It has been observed that at high tide the salt
water from the Intracoastal Waterway backs up
to within six or eight i~ches of the top of the
catch basin at Azalea Road and Seagate Drive.
"If the additional line were constructed and such surface
drains installed into it, as suggested by the property owner,
it is quite probable that at high tide the salt water would
back into the sub-surface drains causing extensive damage to
his property."
It was suggested that a copy of said report be mailed to Messrs.
Withington, Vos and Geehr.
Mr. Warren stated that during the past couple~of years the
Police Department had accumulated sixteen bicycles and that the
Delray Beach Exchange Club is requesting that these bicycles be
turned over to them to be repaired and given to needy children
for Christmas. Mr. Warren then moved that said bicycles be turned
over to the Exchange Club as requested. The motion was seconded
by Mr. Harbison and unanimously carried.
NOVEMBER 14th, 1960.
Mr. Thayer stated that the beach and equipment there were not
in the best of condition at this time and moved that the City
M~e~r be instructed to take immediate steps tO correct this con-
dition and p~pare the beach in suitable condition for the season,
and that he be requested to give a report in writing at the next
meeting as to what his ~nto,,eA~ are in cleaning it up. The
motion was seo~nd~'d by Mr. Warren and upon call of roll Mr. Thayer,
Mr. Warren and Vice Mayor Campbell voted in favor of the motion,
Mr. Harbison being opposed.
Mr. Worthing presented bills for approval in the amounts of:
General Fund $ 27,485.66
Water Fund - Operating Fund 352.35
It was moved by Mr. Warren, seconded by Mr. Harbison and unanimously
carried that the bills be paid.
The meeting adjourned at 9:00 P.M. on motion by Mr. Warren.
R D. WORTHING
City Clerk
APPROVED:
-"'
6