01-29-51SpMtg JA~'~UARY 29TH ~ 19 ~1.
A Special ?~eeting of the City Council of the City of
Delray Beach was held in the Council Chambers at 7:30 p.m.
with ~ayor J.L.Saunders in the Chair~ and City ~'~ttorney John
Moore~ City ~anager Charles E. Black~ and t~e following Co~-
cilmen present: R.J.Holland~ John N. Kabler~ and ~alter ~. Roth~
a quor~ being present.
City Manager Black submitted three bids received in response
to his request for proposals to furnish one 19~1 Harley-Davidson
Standard ]~olice~ radio equipped motorcycle~ as follows:
Tropical ~otorc¥c!e Sales~
Ft. Lauderdale~ Florida. ~ 1~327.00 net
Billy Temple Motorcycle Co.
~iami~ Florida. ~ 1~438.00 net
East Coast Harley-Davidson~
~est ~ .
~alm Beacn~ ~loria~a I 300.00 net
Upon motion of Co~cilman Holland~ seconded by Co~cil-
man Roth~ and ~animously carried~ the bid of the East Coast
Harley-Davidson Co. of W.?alm Beach~ ~as accepted~ in the net
amo~t of ~:~ 1~300.00~ as the lowest and best bid recemw~a.
A proposed contract bet~.~een the City of De!ray ~Ze~ch and
~,~7~-~. ~. Bondonese~ doing business as the ~?~I
~ ~ to salvage waste paper~ a~nd waste
COM~AiYZ~ of ,~est I~alm B~acn~
material from the City D~p~ to make household collections of
all waste paper in the City~ and to make payments to the Public
Library for such collection~ was read by the City Attorney as
f oll ows:
C 0 ~ ~ R ,A C T
THIS AGREEI~ff~i~T made and entered into this 29th day
of January~ ~.i.D. 19~1~ by and between the CI~Z 07
a m~icipal corporation in Palm Beach Coz~ty~ Florida~ party of
the first part~ and hereinafter referred to as the "CI~" and
~,J'ILLIAM E. B0i,~0?i~U,iSE~ doing business as T~,'/IN CI~
C0~'~:k!'~ (Not incorporated) ~ 1133 i'~orth Railroad ~kvenue ~ ~,~'est
Palm Beach~ Florida~ party of the second part~ and hereinafter
referred to as the "CONT~'tCTOR".
.~{ERE,:kS~ the City of Delray ]3each~ 21orida~ contrib-
utes to the supI~ort and the operation of the Delray Beach Lib-
rary ~ and
~',,,~Ao~o~ ~ the Agreement as is hereinafter set forth
provides ways and means relieving the City from a goodly port-
ion of its contributions to said Library~
l~C)~,~r ~ ~i'~m'~,~'
!./2 ?/~:I
consideration of 'the ?ayments of money to be made by the
COi,~i[L~C.LOR as hereinafter specified~
IT IS CO~i~,~_~T~D A}~ ~GK~ED by and between the part-
ies hereto as follows:
1. That this Contract shall be in effect for the
period of one (1) year~ to-wit: from the first day of February~
2.D.!9[1 to and including the 3tst day of January~ ~.D.1912.
2~ That the COZ,~T~'iCTOR shall have the r~nt to sal-
vage waste paper~ rags~ metal .~nd all other waste material from
the City D~p. The CONTR2CTOR covenants to ~ e
~e p said City D~p
in an orderly and sanitary condition~ such condition to meet the
approval of the City ~[anager.
~ That for such privilege~ said CO[[TRACTOR shall
pay to the Delray Beach Library Association the su~ of Two H~m-
dred Dollars (~[~200.00) per month~ in advance~ and on the first
day of each a~d every month which this contract is in effect.
Receipt is hereby acknowledged of a check in amount of ~[~200.00~
which s~-a is payment for the month of February~ .~.D.19%1.
4. In addition to the sum of 'Two H~dred Dollars
(~200.00) per month~ as aforesaid~ said CO[[TRACTOR shall pay to
said Delray Beach Library Association~ the s~m of Thirty-five
Dollars (~j[~3~.O0) per week. This s~ shall be paid at the end of
each four (~) weeks' period whic~n this contract is in e~fect.
[. In addition to the rights and privileges granted
to said CONTR/~CTOR in numbered paragraph 2 hereof~ said CO}[f-
R&CTOR shall have the right to make household collections of
all ~aste paper in the City of Delray Beach~ ?lorida. For such
right and privilege said COhTR~Y~_0R shall pay to said Library
Association such price for ~;~aste i~aper~ etc.~ as may be mutally
~Zr~
agreed Upon bM the C0~,~R=CTOR and the Library ::~ssociation~ and
with the a~roval o[~ the Cit~ Co~cil l~'aY~ents to said Library
~ssociation shall be made for such ~aste paper collections no
later
~n the first day of each month for the previous month's
collections. Said ~~,~-~ ~' ~
~~ shall furnish to the Cmty or one
said Library such evidence ~s may be requested to prove the
weight of the ~s~te~z,~ ?aper so collected. The C0~R.~-~C~O~-~ ~'~ ~ ~ '~ covenants
to pick up such ~...~aste paper in ~'~ ,.
~ City oi' Delrsy Beach at such
intervals as will ~ - ~ _ ~
~eep one C~tv free frown ~reasonable acc~ul-
a~ions of paper.
~ It the expiration of ~.~s Contract~ the
may renew the same for an additional period of one (1) year upon
the same terms and conditions as outlined herein by mutual agree-
ment of the parties hereto.
~ It is fully agreed and understood by and bet~..~een
the parties hereto t:~a~ this con~r~.ct s~ll not be considered as
an exclusive franchise~ a~yt[~ing to '~ne contrary herein contained
notwithstanding.
33
IN iflTI?,S~ ?~iEPd]OF~ the party of tile first part has
caused these presents to be signed in its name by its tiayor~ its
corporate seal affixed hereto and attested by its City Clerk~ and
the party of the second part has hereinafter set his hand and
seal the day and year first above written.
Tiie C!~ 02 D ~LR.ZZ
By: J. ,L. S%~ders
ATTEST : Hayer
Ruth R. Smith
City Clerk
Signed and sealed in our )
presence: )
)
)
Herbert L, Post. ) William ,~. Bondonese ~~_
William E. Bondonese (doing business
as TiiIN CIndY 'r~ ~
not incorporated)
After discussion~ a motion was made ~y Councilman
that the Hayer and City Clerk be authorized to execute the fore-
g~'~ contract on behalf of the C~ty The motion was seconded by
~ ~ and upon call of roll carried unanimously.
Co~cilman ~ab__er ~
A 'resolution re<~uiring plans~ sp=cm~mcations~ and an estimate
of the cost of installation of storm sewers~ catch basins and man-
holes for project "A" o[' the N.2.1st Street Drainage Improvement~
as outlined by letter from ~:r. George ~. ~ .... ' '
'~ :~oc~_,.~a/~ ~,~onsu!ting
Engineer~ on January~_O°nd~ ,~s_,_ read as follows-.
R E S 0 L U ? I 0 N N o. 787
0 "-'TGi", "-' ,;,':n-, ' ·
BE IT.~.~o'"~"~v'"'~u.u ~:~u by. the City Council of the C~ty_ of De!ray
Beach~ P!orida~ as .follows:
1. That the City Nanager shall secure plans~ specifications
and estimates of cost for the installation of necessary storm
sewers~ catch basins and man-holes to drain the approximate area
bo~ded by:
1/29/ 1 34
North-east X~t.!~ ~_Itreet on tsar' ~ z:ortn"' ' ~
The Intercoastal '.kterway on the .~:.~st~
Atlantic Avenue on the South~
Swinton Avenue on the i?e~'~
9 Th~,~ such p!ans~ specifications and ~=~+~*~ of cost
shall be placed on file in the office of the City~a~o~=~~.,,,~,=~ in
the City Hall.
P~S~D :~.~D ~0i~T]3D this O°th day of January~ .i.D 19[1
J. L. Sa~mders
I~layor
ATTEST:
Ruth R. Smith
City Clerk
Upon motion of Councilman Kabler~ seconded by Com~cilman
Roth~ and unanimously carried~ ti~e foregoing Resolution
was passed and adopted as read.
~he 2ollowing Resolution was then introduced~ and same
was read in full:
R i~ S 0 L U T I 0 N ii
~-~ ~o0L~!0!f 0Y ~P~'~ CITY
BEACi{~ FLORiDA~ DETIR]rlifi![G T0 ]%kiOZ CERTiIN i¥~BLIC IIiP-
R0'~I}E~NTS I17 SAID CI'!~[ i3Y Ti3 IifSTALLiT!0N 0P
S!R'SRS~ C:..TC}~ 3_iSiNS AND i'2~N-HOL!]S: ST-~T!NG .?~l)
T!NZREPOR T0 3E iAID BY Si ~3C!AL ~kSS38SiriNTS~ SETTING
ii~ DESIGNRTING tP~:[iZ 150i~{iIARI3S 07 21[~ DIST~I!CT CONP-
RISING Till PR0~i]RPZ SYEC!iLLY B",]N'iI!TTED BY SUC[ Ii, i-
~S[i-]!~iAS~ increased improvements and paving in the City of
DelraM Beach~ Florida~ has greatly decreased t~le amo~lt of sur-
face water normally absorbed hy and into the soil~ and
{'S~21%iiiS~ it is necessary at this time to install storm
sewers to drain off the accumulated surface water~
N0')f~ T'iERZFORE~
BE IT RESOLVSD by the City Council o2 the City o2 Delray
Beach~ Florida~ as follows:
k.,. That the proposed public improvements provided herein
shall consist of sIorm sewers~ c~Ich basins and man-holes.
2. Thai the bo,~daries of the district in the City of
Delray Beach comprising the property which is deemed specially
35
benefitted by such improvements is as fo!lo,m:
Beginning at the intersection o,f the center-line of South-
east 1st _ivenue '~:ith the center-line o~ the East ai~d ~Aest alley
South of Atlantic Avenue~ and in ~lock ~y of the City of Delray
Beach~ i~lorida~ thence ru'a ~,[ortherly alo~g the center-line oJ
Sout~east 1st 2ve~ue and I'.~orth-east 1st /~venue to a point three
h~uadred thirty feet (330') ['[orth o,i' the center-line of [[orth-east
2nd Street~ thence Easterly alo~g a line three hundred and thirty
feet (330') I,[orth of and parallel to (measured at right an[[les)
'the center-line of said [~[ortheast 2nd Street to a point one hund-
red feet (100') 'i,rest of the ~Aest bou'adary line o;J L.R.Benjamin's
Sub-division~ according to the plat thereof on file in the office
of the Cler'k of -"' "' .~ '1 ~ '_~a!m
~a~ Circuit Court in ~lat Book 12~ page _~
Beach County public records~ thence run oou~.a~rly along a line one
h~adred feet (100') ~Jest of and parallel to the ':?est bo~uadary line
of said L.R.BE~'~[J/-~MII['S Sub-division (measured at rigl~t angles) to
a point located in the center-line of i[orth-east 2nd Street~ then
run easterly along the center-line of said i',forth-east 2nd Street
to the center line of i'.~orth-east yth 2venue~ thence Southerly along
the center-line of said i'[orth-east 7th .;lvenue to a point eighty
feet (:[]0') South of the center line of I,[orth-east 1st Street~ thence
L?esterly along a line eighty feet(80') South of and parallel to
(measured at right angles) the center-line of .Uorth-east 1st Street
to the center line of i~orth-east ~t~ Avenue~ thence Southerly 2.long
the center-line o2 [,[orth-east ~th ',.venue to the center-line of the
[_Oast and ','/est alley i'.~orth o/ :~t!antic Avenue and in ,r~lock 100 of
the City of De!ray Beach~ ?lorida~ thence 'iiesterly along the ce~t-
er-line of said E_st and i/est alley in Block 100 a::d in Block 92
to the ce~ter-line of the Right-of-Way of the Florida .-'~ast Coast
Railway~ thence run So~therly along the center-line of said
Florida East Coast Railway's right-of-way to the center-line of
the East and -,'/est alley South of Atlantic Avenue in Block ]~
of the City of 'l)elray Beach~ i,'lorida~ thence ",?esterly along the
center-line of said East and Uest alley in Blocks ~ ~nd 77 to
the point of beginning.
3. The above described drainage district shall be des-
ignated as I~roject"_~'' of the over-all drainage project.
~. Special assessments shall pay for si:zty-t~o per cent
(62~:~) of the exl~enses necessitated by the installation of such
improvement which is designated as a main se~,,,:er col!ecti~g line
on the plans a:ud specifications of such improvements on file
in the office of the City ~anager~ plus the entire cost of all
laterals~ caoc~-basz~ts ~nd man-aoles mn said project",,%".
[. The total estimated cost of the installation of storm
sewers~ catch basins and man-holes in ?roject "A" is ~[)39~941.00.
6., The special asses~-ments against the property benefitted
shall be paid in ten(10) equal annual instaltments~ bearing int-
erest on the unpaid portion of such special assess~uent o2 eight
per cent ([~'~) per annum from the effective date of the ordinance
establishing said special assessment.
PASSED ::dl;D AD01~T,,ED T]~IS 29th day of January~ A.D.19%l.
J. L. Saunders
AT ~,~ o ~: lqay or
Ruth R. Smith
City Clerk
Upon motion of Cou~acilman Kabler~ seconded by Councilma:%
ot:]~ and unanimously carried: the foregoing Resolution
was passed and adopted as read.
2 motion was then made by Councilman Roth that the City
_Manager be instructed to advertise for bids o;~ the co~stru, ction
of Project "A" of the N.!.lst Street Drai~age Improvement~ bids
'~o be received on February 12ti]~ 19~1. '2he ~'~otion was seconded
by Councilman Holland~ and upon call of roll carried unanimously.
With reference to recent instructions b.x the Council that
school bus drivers load and unload children off of the street~
on school property: Nayor Sa~,maders advised that }lrs. Nci{ir~ey~
principal of the school~ had complained that this procedure
would be dangerous as there is no road through the school :~ro~,-
erty~ and busses would have to back out after ~,~aload_n.~ child-
ren. She had sug:~ested tn,~:t t!~ree spaces be marked off on the
east side or N. Swinton Ave;%ue~ south of th.e entrance to the
schoOl~ for the loading and unloadmns of school ci.]ildren~ and
that L~s drivers be instructed to stop all busses in -these
spaces~ heading north and that all other parking in these spaces
be prohibited during school hours. She had ao~,~ed that ~n~s arr-
angement, be tried~ and if it does not work ou.u~-~ ~'~ey will be
willing to foA!ow previous instructions of the Council that
busses drive onto school property to prevent loading and %ua-
loading of children in ti~e street.
lfter consideration~ a ~'~otion was ~ade by ~o~_nc-~lman Roth~
seconded by Co~mci!ma?~ l(abler~ that the suggestion of the
school Principal be tried~ and upon call o2 roll the Notion
carried unanimously.
~,~ petition signed by o~.¥mers of property in ~:~ first ~loc~{
north 0:2 ~:ktlantic !venue~ on Fifth :ivenue~ requestzn~.~ two
parking restrictions in this block~ was read as follows:
January 27~ 19}~1
City Council
Delray Beach~
~, lorida.
lttention: Hr. Robert A. !-[olland~ Chairman
Traffic C oim',.~it tee
Gentl e~,ne n:
The following undersigned property o;¥~aers and. property
managers on the first block ~o_orth of _:?t!antic &venue on
~th 2venue respectfully request that t~.~o hour limit parki~g
be instituted in this block.
The increase of all day parking by more and more !~eople
has caused grea~ inconvenience to the ~dersigned. :.~e feel that
parking privileges should be made avai!ai~!e to t~ese people by
means o~ a ~m_u~icipa! par~i~g lot.
~.re also feel that a t~,,ro hour restriction on ?arking either
by means of meters or signs will not cause a hardshiD for anyone.
Respectfml!y submitted this 27th day o~' January 195!.
Signed by
James R. Yieder~
Charles &. Robinson~ J,r.D.
J. ~,~.Cromer
Julius I~. ~Jaiker ~ ?astor
Charles
Upon motion of Coumcilman Kabter~ seconded by Coumciiman
Roth~ and ~.unanimous!y carried~ the foregoing petition was
grante~ and the City }[anager ~,~as authorized to purchase 2-'.aour
parking meters needed~ and also one-hour meters which ~,.~ill be
needed, in the near future.
The meeting tb~en adjo~.~mned to the next regular meeting
to be held at 7:30 p.m. on ?[onday~ ?ebruary 12th~ 19~!.
Ruth R. Smith
Cit~ Clerk