10-26-59 24:1
OCTOBER 26TH, 1959.
Ch A Regular Meeting of the City Council was held in the Council
amb?s at 1:00 P.M., with Mayor George Talbot Jr. in the Chair, Act-
lng C~ty Manager Mark Fleming, City Attorney Harry T. Newett and Com-
missioners J. LeRoy Croft, Charles H. Harbison and Fred B. McNeece be-
Lng present.
An opening prayer was delivered by Reverend Robert G. Morey.
The Council, by general consent, approved the Minutes of the Reg-.
~larMee~ing held on October 19th.
C6ncerning the Special Meeting of the 19th, Commissioner Harbison
inquired of the City Attorney i~ the so called ~pecial Meeting of Oc-
tober 19th, was called in compliance with the C~ty Charter. The City
Attorney informed.the Commissi'one~ that, as previously advised,
meeting was ~eld zn conformance w~th the Chart?, the written notice
of such meeting not be.zn~ mandatory, may be waived by the individual
acknowledgement and wa~wng thereof by the Council Members.
Commlssioner Harbison further stated that "I hold that the so
called Special Meeting of October 19~h, 1959, was illicit and its ac-
tions invalid, and I'object to the cmty's funds being used to pay on
an invalid contract"~
Co_mm~_issioner McNeece moved that the Minutes for the Special Meet-
ing of October 19th, 1989, be approved as s~mitted. Motion seconded.
by Commissioner Croft.and upon Call of Roll - Commissioners McNeece
and Croft, together w~thNayor Talbot, voted in favor thereof, Commis-
sioner Harbison being opposed. Motion carried.
Ac~ing City Manager Fleming subm%.gted the BID from Sriver Tractor
& Drillmng Company, in ~he amount of $2,O35.00, for furnishing a Lo,-
Bed Trailer to be used xn the Streets Departmsnt, and informed the
Council that bids had been solicited from three other trailer manufac-
turers who declined to bid due to lack of mate~ial and steel shortage
resulting from the 100 day old Steel Strike, a~d did not anticipate
being able to bid on such equipment until after %he first of the year.
Commissioner Harbison mentioned that, over %.he week-end, he had
been advised that a used trailer, capable of handling 25 tgns,'~as a-
vailable for purchase from Mr. DeCarxe, for approxzmately $600.00.
The Council, on motion of Corm~_issioner Hirbison and seconded by
Commissioner Croft, unanimously agreed that actior, on said Bid be de-
ferred until the next regular meeting, and that Mr. Fleming.check the
possiblity of ~ocating a satisfactory used trailer such as ~s being
offered for sale by Mr. DeCarie.
The City~nager submitted Bids received for the construction of
two and for three tennis courts:
2 Courts S C~ur.t~
Modern Tennis Courts $ 4~900 $ 6,800
F. C. Feise Co., 4,980 6,855
David Sedgewick Durant Co 5,420 7~395
W. C. ~es~ervelt & Son 7,310 9,290
The Recreational Director recommended that award for construction
of three courts be made to F. C. Feise Co., for the following reasons:
1. F.C. Feise Co. has constructed the six existing tennis courts
at the tennis facility and they have proven not only satisfacto~!
but are also rated among the best in Florida.
2. F~ C. Feis? Co. has established a ~igh reputation in the construc-
txon of this type of court xn Florxda, whereas reports from Ft~
Lauderdale and Boca Ratonhave shown that a certain amount of
difficulty has been encountered with courts installed by the firm
submitting the iow bid in this instance.
OCTOBER 26th, 1959
S. Resurfacing of these courts are required each year and it would
be difficult to atte~ml~t to coordinate the resurfac.i.n~.project be-
tween two different f~rms. F. C. Feise Co. has exhibited the ut-
most cooperation in resurfacing the .existing cour.ts when request-
ed and they have performed the work ~n a very satisfactory manner.
The Council, on motion of Comissioner Croft and seconded by Com-
missioner Harbison, unanimously, agreed on award of contract to F. C.
Feise Co., upon the recomme.ndat~on of the Recreational Director.
Mr. Igor DeNissoff, President of Modern Tennis Courts Construc-
the
tion Co., low bidder, protested the action of the com~.cil and
its award to a higher bi.~der, and q.uestion, ed the fence he~ghth and
other factors contained ~n the specifications. It was then deter-
mined that the bid of F. C. Feise Co. was for a 10 foot he~,ght fence,
whereas the called for said fence to be twelve feet in
specifications
heighth.. The Council requested the bids be review.ed and submitted
for their reconsideration at the next regular meeting.
The City M~nager then read - - - ORDINANCE NO. G-SS§:
AN ORDINANCE GRANTING TO FLORIDA POWER
& LIGHT COMPANY, ITS SUCCESSORS M~D AS-
SIGNS, AN ELECTRIC FP~J~CHISE, AND IMPOS-
ING PROVISIONS AND CONDITIONS RELATING
THERETO:
BE IT ORDAINED BY THE CITY COtr~CIL OF THE CITY OF DELK~Y BEACH,
FLORIDA:
Section 1. That there is hereby granted to Florida Power & Lig.ht Co
herein called the "~rantee", its successors and assigns,
the non-exclusive right, privilege or franchise to construct, main-
rain and operate in, under, upon, over and across the present and fu-
ture .streets, alleys, bridges,.easem, ents and other public places of
the C~ty of Delray Beach, Florida, (herein called the "Grantor") and
its succe.ssors, in accO.rdance wit.h established practice.with respect
to electrical construction and maintenance, for tRe ~er~od of thirty
years from t. he date of acceptance hereof, electric l~ght and power
facilities (includin~ conduits, poles, wires and transmission lines,
and, for its own use, telephone and telegraph lines) for the purpose
of supplying electricity to Grantor, and its successors, the inhabi-
tants thereof, and persons and corporations beyond the limits thereof.
Section 2. That Grantor hereby reserve the right at and after the
expiratio.n of this grant to purchase the property of the
Grantee used un.~er th~s grant, as provided by the laws of Florida, in
effect at the tme.of Grantee's acceptance hereof, in.cl.uding Section
167.22 of the Florida Statutes of 1989, and as a condition precedent
to the taking off.oct of this grant, Grantee shall give an~ grant to
the Grantor the r~ght to purchase so reserved. Grantee shall be deem-
ed to have given and ~ranted such right of purchase _by its acceptance
hereof, which shall be filed with the Grantor's clerk within thirty
(SO) days after this ordinance takes effect.
Section III. That the facilities shall be so located or relocated and
so erected as to interfe.re, as little as possible with
traffic over said streets, alleys, bridges and public places, and wi~h
reasonable egress from and in.~ress to abutting property. The location
or relocation of all facilitmes shall be made under the supervision
and with the appro.val of such representatives as the governing body
of Grantor may designate fbr the purpose, but not so as unreasonably
to interfere with the proper operation of Grantee,s facilities and
.service. T.t~.t when any po.trion of a str.eet is exca.vated by Gran.tee
~n the location or relocation of any o.f ~ts facilit~es,.the port,on
of the street so excavated shall, w~th~n a reasonable t~me and as
earl~ as practicable after such excavation, be replaced by the Grantee
OCTOBER 26th, 1959
at its expense and in as good condition as it was at the time of such
excavation.
Section IV. That Grantor shall in no way be liable or responsible
for any accident or damage that may occtm in the con-
struction,' operation or maintenanceby Grantee of its facilities here~-
under, and the acceptance of thi~ ordi~.ance shall be deemed an agree-
ment on the part of Grantee, to Indemnify Grantor and hold it harm-
less against any and all liability, loss, cost, damage or expense,
which may accrue to Grantor by reason of the neglect, default, or mis-
conduct of Grantee in the construction, operation or maintenance of
its facilities hereunder.
Section V. That all rates and rules and regulations established by
Grantee from time to time shall at all times be reasonable
and Grantee's rates for electricity shall at all times be subject to
such regulation as may be provided by law.
Section VI. That within thirty ~ay~ after the first anniversary date
of this grant and within thirty days after each succeed-
ing anniversary date of this grant, th? Grantee, its successors and
assigns~ shall pay to the Grantor and its successors and amount which
added to the amount of all taxes, licenses, and other impositions
levied or imposed by the Grantor upon the Grantee's subsidiaries for
the preceding tax year, will equal 6% of Grantee's revenues from the
sale of electricity to residential and commercial customers within
the corporate li~ts of the Grantor for the twelve fiscal months pre~
ceding the applicable anniversary date.
Section VII. As a further consideration of this franchise, said
Grantor agrees not to engage in the business of distri-
buting and selling electricity during the life of this franchise or
any extension thereof in competition with the Grantee, its success-
ors and assigns.
Section VIII. That failure on the part of Grantee to comply in any
substantial respect with any of the Provisions of this
ordinance, shall be grounds for a forfeiture of this grant, but no
such forfeiture shall take effect if the reasonableness or propriety
there?f is protested by Grantee until a coprt of competent jurisdic-
tion (with right of appeal ~n. either party) shall have found that
Grantee has failed to comply ~n a substantial respect with an~ of the
provisions of this franchise, and the Grantee shall have-six ~6)
months after the final determination of the question, to make good the
default before a forfeiture shall result with the r~ght in Grantor at
its'discretion to grant such additional time to Grantee for compliance
as necessities in the case require.
Section IX. Upon the annexation of ar~ territory.to the City of Del-
ray Beach, that portion of the facilities and operations
of the Grantee of this franchise located within the said annexed ter-
ritory or upon the public strsets, alleys or public spaces thereof,
shall thereafter be subject to all of the terms of this grant
fully as though this grant and franchise were expressly extended to
such annexed territory.
Section X. That, if for any reason this Ordinance shall be held
be invalid, ~hen, in such event, it is the decl~red in~
tent of the City Commission ~1) that this ordinance shall be inopera~
rive and voi~ ~s of the ~ime and ~ate of the passage and adoption ·
hereof, and (2) that' Ordxnance No. G-19 of the C~y of Delray Beach,
which was p~ssed on ~he 23rd day of December, 1946, and ratifie~ by
referendum ~n a specxal election called for that purpose on the 6th
day of Ma~ch, 1947, shall be and remain in full force and effect as
though th~s ordinance had not been enacted.
Section XI. This ordinance shall take effect'af~erit has been ap-
proved by a referendum vote at an election held in ac-
OCTOBER 26th, 1959
cordance with the provisions:of the Charter of the Cit_y of Delray .
Beach for holding bond elect-~ons and ~the laws of the State of Fior~ao
Section XII. That all ordinances and parts of ordinances in conflic+,
herewith be and the same are hereby, repealed.
PASSED AND ADOPTED this twenty-sixth day of October, 1989.
/S/ ~GEORGE TALBOT JR
MA-Y O'R .......
On motion of Commissioner Croft and seconded by Commissioner
McN?ece, the Council unanimously approved PASSAGE A. ND ADOPTION of
Ordinance No. G-SS§, on this second and final reading.
City Manager Fleming then submitted - (RDINANCE NO. G-SS6:
AN ORDINANCE OF THE CITY OF DEI.RAY BEACH, FLORIDA
PROVIDING MINBEdM HEALTH STANDARDS FOR SAN ITAT ION
FACILITIES IN HOUSING; REQUIRING ADEQUATE VENTILA-
TION, LIGHT AND HEATING; DETERMINING ACCEPTABLE
OCCUPANCY OF SPACE; REQUIRING SAFE AND SANITARY
MAINTENANCE; PROHIBITING SUB-STANDARD CONDITIONS,
STURCTURALLY AND GENERALLY; REQUIRING ENFORCEMENT
BY THE BUILDING INSPECTOR; AND PRESCRIBING PENAL-
TIES FOR THE VIOLATION OF ITS PROVISIONS.
The Council, on motion of Com~_issioner McNeece and seconded by
Commissioner Croft, unanimously agreed on PLACING Ordinance No. G-SS6
on FIRST READING.
The City Manager then read - - - RESOLUTION NO. 1206:
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO PROCEED WITH THE OPENING, GRADING
AND PAVING OF THAT PART OF NORTHEAST SEVENTH AVE
LYING BET~VEEN NORTHEAST FIFTH ANDEIGHTH STREETS,
TO A WIDTH OF T~J~ENTY-FOUR FEET.
. ' WHEREAS, the City Council of the City of De?ay Beach, Florida,
d.~d on the 12th day of Octobe.r, 1959, be Resolutl.on No. 1202, deter-
mane to proceed with the openxng, grading a~nd paving of that part of
N. E. 7th Avenue lying between N. E. §th and 8~h Streets to a width
of 24 feet.
WHEREAS, .the Resolutio.n providing therefor has been du.ly pub-
lished as requAred by the Cxty Charter, together with a not~ce that
objections to said improvement would be heard, and
WHEREAS, no sufficient Objections have been m~de to such proposed
improvement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of DelraY Beach, Florida, that the City M, nager be and he is hereby
instructed to proceed with the opening, grading and paying ~f that
part of N. E. 7th Avenue lying between N. E. §th a.nd 8~h. Streets, to
a width of 24 feet according to the plans and specifications hereto-
fore filed with the City Clerk, and a copy thereo.f filed in the
of the City Manager and kept open for the inspection of the:public.
'PASSED IN REGULAR SESSION on this the 26th day of October, Ac D~
1959.
/S/ GEORGE TALBOT JR.
........ M"'A'Y '0 R ......
The Council, on motion of Commissioner Harbison and seconded by'Com-'
missioner Croft, unanimously approved ADOPTION of Resolution N0.1206.
4
OCTOBER a6tn, 1959 2~5
On motion of Commissioner Harbison and seconded by Commissioner
Croft, the Council unanimously' approved PAYMENT of Bills submitted by
the Manager, and subject to the approval of the Finance Committee, as
shown below:
General Fu~d $ 3,578.37
Water Fund - Operating .355.05
Payroll Accounts 3,567.87
Mayor Talbot then submitted the following two letters and
quested the City Manager to read them:
THE BOARD OF PUBLIC INSTRUCTION October 22, 1959.
of Palm Beach County, Florida.
"After the meeting with the City Commission of Boynton, the City Com-
mission of Delray Beach, and the School Board last night, I was in-
structed by the members of our Board to request your Commission to de-
lay at this time the a~exation of the property on which the Seacrest
High Schgol is located into the. City of De~ray'B?ach.
As ~t was sta~ed severa~ tzmes las~ night, it is only a matter of
time until there w~ll be a h~gh school.~n Boynton, As a .m~.tter of
fact, we are having a complete survey ~n February, attemptxng to pro-
ject the needs of the schools in Palm Beach County for a S-year per-
iod.
At the present time, the enrollment in the Boynton Junior High
School is 386, at the Delray Beach Ju~.io~ High School,' 569, and in
the 7th and 8th grades at Boca Raton it xs 165. As you can see, this
means that all three schools a~e growing very fast and although I do
not ~know how long it will be, it seems that it will be necessary to
have a senior.high school in Boyntgn Beach within the next few.years~
~e will certaxnly k~?wmore about xt after we have the survey ~n Feb,
V;ewould appreciate it very much if the City of ~elray Beach
will post-pone any actlonon this matter, at least until after we have
a report on the survey."
/S/ H~'~ELL L. WATKINS,
County Supt. of Public .Instr.
THE BGARDOF PUBLIC INSTRUCTION October 23rd, 1959o
Palm Beach County, Fla.
"May I express again my appreciation fo~ your excellent cooperation
and fine presentation'at our ~oint meetxng at Seacrest High School
on the ~ig~t of October 21, 1959.
It ~s ~ndeed a pleasure to come in contact with men such as your-
self and the other gentlemen of the Delray City Co~mission.
You will receive an official communication from the School Board
as to our ~equest, butmay I personally emphasize again that I feel
that this ~s a request and that we are strictly outsiders that have
become involved in a matter that we should have stayed out of except
for the fact that the problem did spread to where it was'affecting
or could affect the morale of the students at the school."
/S/ ROBERT R. HORNER
Vice-Chairman
On motion of ~ommissioner Harbison and seconded by Commissioner
McNeece, the. Council unanimously agreed to withhold further action,
at this time, relative.to Ordinance No. $29 concerning proposed an-
nexatiom of Seacr~st_High School property, pending final decision of
the Board of Publzc Imstructxon.
Mayor Talbot then read a letter, dated October l?th, received
from a local property owner and taxpayer, being as follows:
OCTOBER 26th, 1959
"An article.appearing in The Miami Herald of October 1S by Nike
Morgan, Staff.Wr~ter of that newspaper', ab.out Dolt.ay Beach, I found
most into.resting. It cont.ained authentic ~nformatlon and was a well
written, ~nformative descr~ption.
As residents, we are cc~a. rative newcomers having been here less
than two years,.we are already jealous of ou~ chosen town to the ex-
tent that omittxng any of its cirtues is alm.ost intolerable.singe it
occurs that good publicity, such as that article portrays, is, in a
sense, encouragement to the potential, selective resident or even
tourist.
Mention was made of a new water treatment ~lant but nothing of
the delicious water it ~ delivers nor of its plentiful supply.. Com-
pared to some cities, these are plus factors.
Refuse collection (garbage and trash) is most adequate and sat-
isfactory.~ Trash not too frequent but understandably to increase ·
that service would mean more equipm?nt, .more ~ersonnel, more budget,
hence more tax. Let's be c~ntent w~th it as ~s.
My conduct has not brought me in personal contact with the po-
lice, t.herefore, as Will Roger .might have said - all I know is what
I read ~n the papers - all of wSxch has indicated to me an excellent
protective organization in ou~. P~lice Depa.~tment. .The Chief Officer
an.d each of the personnel obviously c.o-ord~nate their efforts that
brings about the end result they attain.
Then too, let us never be un~ndful of Bethesda Memorial Hospi-
tal. Although not in Delray Beach We have a stake in it and it is a
part of us. A real plus asset to t~ area,
Sol.ling up is good.for a_ny product, so just kind of thinkin, g
out.loud xf we were ~alk~ng, I was u~ged to write these observations.
I lxke Wonderful Delray Beach, Florida."
/s/
?l? N.W. 2nd Avenue,
Delray Beach, Florida.
Mayor Talbot reminde, d the P.ublic and Press of the fact that the
Council Members.had met w~th Architect Kenneth Jacobson, for several
hours on Sunday, concernin$ possible modification of the plans and
signs for a.proposed New Cxty Ha.ll and Jail, and to present the
sults of sa~d meeting the following letter is being mailed:
"TO MEMBERS OF THE DELRAY BEACH
CITY CIVIC COMNITTEE
Dear Member:
Upon approval of the City Council, i hereby call a meet-
ing of the Delray Beach City Civic Committee to be held at the Lions
Club building Tues. day, Nor.ember Srd, commencing at 8:00
The C~ty Council has received bids on the new City Hall-
Police Station which are now under consideration. ~fe desire to obtain
a cross-section of the thinking of the citizens, the purpose for which
the Committee was formed."
/s/ T L OT
Col. Andrew L. Fabens informed the Council of the satisfactory
conditio.n in and around the Basin Drive area duri. ng the last abnormal
heavy raxns, as a result of the recent drainage ~nstallation and
catch basins.
City Manager Fleming then read th_e following proposed agree-
ment, submitted bY Hardrives Of Delray, Inc., designed to facilitat, e
improvements of S.W. 10th Street', now contracted for by said Hardr~ves
of Delray, inc., - - -
OCTOBER 26th, 1959. ~
TO: Seaboard Air Line Railroad
RE: Temporary Grade Crossing, Seaboard Air Line at extension
of Southwest 10th Street, Delray Beach, Florida.
ATTLNT ION: NR. WIGGINS.
Dear Mr. V~iggins:
In consideration of Seaboard Air Line Railroad granting a tempo-
rary permit in the above matter, the undersigned parties hereby joint-
ly and severally relieve the Seaboard Air Line Railroad of a].l respon-
sibility and liability or claims of and from the undersigned, their a-
gents and employees in connection with the above subject.
Further, in consideration of the premises, the undersigned con-
tractor, Hardrives of Florida, Inc., hereby covenants and agrees that
while work is in progress, it will place barricades on the east and
west sides of such tempora.~y g.rade cr.ossing each night and at all
other times when the crossing is not in use; and in addition, said
contractor covenants and agrees to provide, va fla~man at the crossing
at such times such crossing is being used.
Nothing herein contained shall be construed~as relieving the con-
tractor of any obligation or liability now existing under its con-
tract with the City o.f Delra.y Beach, Florida;. an.d specifically con-
tractor acknowledges xt remains liable to sa~d C~ty to indemnify and
hold it harmless 'against any and all claims or liability arising by
use of said crossing during construction as provided by such contract.
This release and assumption agreement shall cease and terminate
at such time as said crossing shall become permanent, and protected
by automatic grade crossing gates.
WITNESS our hands and seals this .... day of October, 1959~
CITY OF DELRAY BEACH, FLORIDA
By
ATTEST:
HARD, IVES OF FLORIDA, INC.
By~ ....... F~esident
' 'Secretary '
Contractor
SHER~7OOD PARK, INC.
By .. F~esi~nt ~ '
GOLF PARK, INC.
On motion of Commissioner Harbison and seconded by Commissioner
~cNeece the Council unanimously agreed that this matter be tabled un-
til the next meeting of the Council in order to Permit review of said
agreement by the City Attorney, and, further, that the Attorney take
OCTOBER 26th, 19~9.
necessary steps to provide for proper insurance coverase .to.protect
the City of Delray Beach frem all possible claims or l~ablllty from
the use of such temporaz-y crossing.
C?~.ission.er Harbiso.n, again.referring to the action of the
Council in calling a Special Neet.~ng at the clos.e of the Regular
Neeting he.ld on. October 19t.h,.rem~nded the Council that it should be
very familiar w~th the provisions of the City Charter in the conduct
of its meetings and procedures, and, further, called the "Chair's"
attention to the following 'Excerpts' from the }MdIDBOOK FOR COUNCIL-
NEN:
1. BE THOROUGHLY FANILIAR WITH STATUTORY OR CHART~
AUTHORITY .,~D ACT WITHIN IT.
2. SEEK THE ADVICE OF COUNSEL.
MEETING ADJOURNED:
R. D. WORTHING
/