06-14-76 139
JUNE 14, 1976
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:00 P. M., Monday,
June 14, 1976, with Mayor James H. Scheifley presiding, and City Manager
J. Eldon Mariott, City Attorney Roger Saberson, and Council members John
E. Gomery, Jr., David E. Randolph, Aaron I. Sanson, IV., and Leon M.
Weekes, present.
1. The opening prayer was delivered by Rev. Philip Bentley, St.
Paul's Episcopal Church, Delray Beach.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular meeting of May 24, 1976 and the
special meetings of June 4 and June 7, 1976 were unanimously approved
on motion by Mr. Randolph and seconded by Mr. Weekes. Mr. Sanson qUestioned
the City Manager's statement in the May 24, 1976 minutes "this rate
increase will increase the City's cost of operation by 16%", under Item
6.d., 2nd paragraph. Mr. Sanson stated this sentence should be clarified
so people will not think that the budget itself will be raised by 16%. The
City Manager stated this 16% had to do with the refuse collection fee to
be paid by the City to Southern Sanitation Company. In the sentence,
Gomery asked the City Manager what was the percentage of the price increase,"
Mr. Gomery stated what he meant to ask the City Manager was what was the
cost of living price adjustment. City Manager Mariott was requested to
provide the proper wording for the changes in the May 24, 1976 minutes.
4.a. Mr. Sanson asked the City Attorney if he would be prepared at
the next workshop to give Council a report on the status of the contract
relations with Russell & Axon. The City Attorney replied he is waiting
for a letter from Russell & Axon and added he will speak to Mr. Klinck
concerning this matter.
4.b. Mayor Scheifley read a Proclamation proclaiming July 4, 1976 as
One Nation Under God Sunday.
4.c. Mayor Scheifley read a Proclamation proclaiming the week begin-
ning J~ly 4, 1976 as National Safe Boating Week. Mayor Scheifley presented
a copy of the Proclamation to Commander Meisner of the U. S. Coast Guard.
Commander Meisner expressed his appreciation to Council for their interest
in safe boating manifested by the Proclamation.
4.d. Mayor Scheifley presented Certificates of Recognition to Martha
Holst, Ellen Metzger, Ann Fitzgerald, Olga Southwick, Frances Block,
Dorothy Flannery, Helen Young, Frances Doody and Marian Cappeler for their
services to the City giving free blood pressure readings every Monday
morning for three years at the Adult Recreation Complex. Mrs. Martha
Holst, Supervisor, who spoke on behalf of the nurses expressed her apprecia-
tion to the people who have worked "behind the scenes" and to City Council
for their thoughtfulness.
5.a. Mr. I. W. Kresser, 234 N. E. 17th Street, stated he thinks the
nurses who have geen giving blood pressure readings should be honored with
a party - dinner and entertainment for the evening.
Mr. Kresser stated at the time the new Council members were
sworn in, Mayor Scheifley mentioned 13 objectives facing the City that he
would like to see taken care of. Mr. Kresser stated the one most important,
is building a Public Works Building provided there were funds available.
Mr. Kresser added the 400 feet of City Beach on South A-1-A is worth over
$1,000,000 and should be sold. If this property is sold, the City could
then use the money for the following projects: build a new Public Works
Building, enlarge the police station and build a new swimming pool.
5.b. Mrs. Henrietta Smith; 1202 N. W. 2nd Street, Delray, spoke con-
cerning the Child Care Center, 215 S. E. 1st Avenue, in reference to item
8.i. on the agenda. Mayor $cheifley suggested that she bring her ideas
forward at that time.
5.c. Mr. Tore Wallin, 2717 Florida Boulevard, Chairman of the Planning
and Zoning Board, advised a public hearing of the Planning and Zoning Board
will be held on Wednesday, June 16, 1976 at 7:30 P. M. for the land use plan.
5.d. Mr. Charles Ridley, 143 S. W. 12th Avenue,-Delray, spoke about
the alleged mistreatment Of the young people by the police and added the
poilfc~en have become very forceful. Mr. Ridley ~asked Council if anything
could, be done about this. Mayor Scheifley stated he is sure the City Manager
will discuss his comments with the Police Chief. Mr. Randolph stated he
has received several phone c~lls asking why he initiated the enforcement
of the loitering ordinance'. Mr. Randolph added he did not make the request
for the enforcement of that ordinance; however, he agrees all ordinances
should be enforced.
5.e. .Mr. William Bush, Jr., 318 S. W. !4th Avenue, Delray, asked why
nothing has been done on the East side to enforce loitering and asked
Council if something could be done about this situation. Mayor Scheifley
assured Mr. Bush it is the intent of the administration to enforce the
laws equally in all parts of town, and added if Mr. Bush has any specific
locations where he feels the loitering ordinance is not being, enforced,
to please give these locations to the City Manager.
6.a.1. Mr. Kromer, 952 McCleary Street, Delray, reported on the funds
for the Time Capsule in connection with the Bicentennial Celebration.
Mr. Kromer stated he has received checks from the Tropic Isle Civic
Association in the amount of $50; from the Beach Property Owners' Associa-
tion in the amount of $50 and is expecting checks from the Kiwanis and
the Nacirema Clubs. It is Mr. Kromer's intention that. all the money for
the time capsule will be presented to Council at the June 28, 1976 meeting.
Mr. Kromer stated he feels the goal of $660 Will be surpassed and with con-
currence of Council and the City Manager, this additional money offered
will be taken in for entombing and other expenses involved for the time
capsule. Mayor Scheifley commended Mr. Kromer on his campaign, and asked
him to prepare a list of the donors to be placed in the capsule. Mr.
Kromer replied this list is in the making. Mayor Scheifley stated he hopes
organizations will .arrive with novel ideas-for placing items in the time
~capsule and requested members of organizations be present to place items lin
%he capsule at the Civic Center on July 4, 1976 at 1:00 P. M.
6.a.2. City Attorney Saberson requested that Council authorize an
extension of 30 days to the Cresap,~McCormick & Paget Firm for the police
investigation. The City Attorney stated this time extension is needed
because new leads have developed which they would like to investigate.
Mr. Weekes moved to grant a 30 day extension to the Cresap,
McCormick & Paget Firm for the police investigation, seconded by Mr.
Randolph, said motion passing unanimously~
6.b. The City Manager stated the Sun First National Bank has requested
an increase of $300 per year in its fee schedule for administering the
General Employees Retirement Fund for servicing the account-and added this
increase request has been recommended by the Financial Advisory Board and
the General Employees Retirement Committee. Mr. Gomery questioned the.
source for the $300 increase, whether this would come from the employee
earnings or from a separate payment by the City. The City Manager replied
this will come from Retirement Funds.
Mr. Gomery moved that Council approve the request for an increase--
of $300 to the fee schedule for the Sun First National Bank, seconded by Mr'
Weekes, said motion passing unanimously.
6.~. City Manager Mariott stated Council informally agreed at the June
7th workshop meeting to consider appointing Mrs. Ann Oxidine as an alternate
member on the Community Development Citizens' Advisory Committee as proposed
by Councilman David Randolph. Mr. Randolph moved for the appointment of Mrs.
Ann Oxidine as the alternate member to serve on the Community Development
Citizens' Advisory Committee, seconded by Mr. Gomery. Mr. Sanson questioned
if Mrs. Oxidine will be serving on the Committee on her time or on work
time. The City Manager replie~ it depends whether the duty needed to be
performed would be during City hours or not.
6.d. The City Manager states the naming of Teen Town was discussed
at the June 7th workshop meeting, ~nd was placed on the agenda for con-
sideration.
Mr. Randolph moved that Teen Town be named C. Spencer Pompey
Park, seconded by Mr. Weekes, said motion passing unanimously. A resolution
will be prepared for the next Council meeting, June 28, 1976 at which time
a copy of the Resolution will be presented to Mr. Pompey.
6-].4-76.
6.e. The City Manager stated Council informally decided at the June
~th workshop meeting to grant the request of the Chamber of Commerce that
the City make available up to $2,000 for Christmas street lighting, with
funding from the 1976-1977 Budget.
Mr. Sanson moved that Council approve the allocation of up to
$2,000 of City funds to be spent for the purchase of Christmas street
decorations with the understanding of matching funds from the Chamber of
Commerce, seconded by Mr. Randolph. The motion passed unanimously.
6.f. .City Manager Mariott stated it is recommended that Council
approve by motion the firm of Arthur V. StrOck & Associates, Inc. to pre-
pare a 34-month follow-up study on the beach restoration project. The
estimated cost of this project is $9,200 with funding from the Beach
Restoration Fund. Mr. Sanson questioned the time limit set for 34 months
for the follow-up study and added Council could "cut out" one of the
projects, and save about $10,000. The City Manager replied it could be
any period of time but this is the limit which was selected by A. V.
Strock & Associates and added he would not attempt to alter the time
period. Mr. Sanson questioned if this survey is to follow-up a time table
that the State is desiring. The City Manager replied he cannot answer this
question. Mr. Weekes commented that the City might have to have a con-
tinuous monitoring program even though this is a request for 34 months.
-At the end of this period, it would possibly have to be extended another
34 months or whatever time period i~ required. The City Manager stated
he thinks the City will have to continually monitor the beach to continue
getting the funding assistance. Mr. Gomery asked if the City could expect
'a firm recommendation from the survey. The City Manager replied this
recommendation would come separately.
Mr. Weekes moved to authorize the firm of Arthur V. Strock &
Associates, Inc. to prepare a.34-month follow-up study on the beach
restoration project, seconded by Mr. Randolph, said motion passing
unanimously. The City Manager presented'copies of a letter received from
the Strock. Firm with regard to the follow-up study and report. Mr. I. W.
Kresser, 234 N. E. 17th Street, stated there is nothing wrong with the
be~ch at this time and added this beach will last for 10 years. Mayor
Scheifley informed Mr. Kresser this item was discussed at length at
a prior workshop meeting. There has been a 16 or 17% sand loss on the
beach and this beach will'not last for 10 years. It has to be continually
renourished. Mr. Kresser asked how much this beach renourishment would
cost the taxpayers. Mayor Scheifley replied, not a cent. Mr. Kromer, 952
McCleary Street, stated there was a misleading statement in one of the
newspapers regarding the 2% hour discussion of the beach renourishment
project held at the June 7th workshop. The newspaper stated the beach
project hit a "snag" and nothing could be done until 1977. Mr. Kromer
stated it was his recollection that Council decided not to do anything
until 1977. Mayor Scheifley informed Mr. Kromer this indicates some of
the problems the City has with misinformation.
6.g. The City Manager stated it is recommended that Council authorize
an auction sale of improvements on the City-owned land that was purchased
from Mr. Lohrmann, 148 South Ocean Boulevard, consisting of two single-
family residences with separate garage.
Mr. Randolph moved to authorize the City to conduct an auction
sale, seconded by Mr. Gomery, said motion passing unanimously. Mr. Sanson
questioned the possibility of getting the County to do something with the
Gwynn-Kucera property. The City Manager replied the City is in the middle
of getting the County to remove the buildings and should be hearing on
this momentarily and added when the bids are received on'the Lohrmann prop-
erty, they will be returned to Council for disposition.
6.h. The City Manager s~ated Council informally decided at the June
7th workshop meeting ~o appoint Councilman John E. Gomery, Jr. as a member
of the City's Solicitations Committee, replacing Andy Gent.
Mr. Sanson moved that Gouncil appoint Mr. John E. Gomery, Jr.
to the City's Solicitations Committee replacing Andy Gent, seconded by
Mr. Randolph, said motion passing unanimously, with Mr. Gomery abstaining.
Mayor Scheiflcy advised it was no longer necessary to sign a disclosure
form of conflict of interest in voting situations unless you vote on
something you feel there is a conflict
6-14-76.
6.i. City Manager Mariott stated it is recommended that Council
approve the acceptance of a right-of-way and easement deed from Richard
L. Schmidt and Charles E. Schmidt, Jr., consisting of a portion of Lots
1070, 1071 and 1084, Tropic Palms Subdivision, extension of S. W. 4th
Avenue through Miller Park to connect with Quail Road. The City Manager
stated it is recommended that Council approve acceptance of the deed
subject to'the approval of the City Attorney. Mr. Sanson asked the City
Manager, in light of their gift to the City, if the City has to give
anything back to the Schmidts. The City Manager replied the City does
not
Mr. Sanson moved that Council approve the acceptance of a
right-of-way and easement deed from Richard L. Schmidt and Charles E.
Schmidt,Jr. subject to the City Attorney"s approval of the appropriate
documents and requested that the City Manager send a letter to the
Schmidts, on behalf of the Cit~ thanking them for their generosity, secondec
by Mr. Gomery, said motion passing unanimously. Mr. Gomery stated Mr. Short
Chairman of the Bike Path Conm%ittee for the Beautification Committee, has
suggested that a bike path be put in below Pine Grove School as this might.
be the most direct and easiest way for people, who bicycle, to get to
Miller Park. The City Manager stated that one of the members from this
Committee should contact Mr. Fleming, City Engineer, and ask him to check
into this.
6.j. The City Manager stated that the item of the execution of an
agreement between the City and the South Central Regional Wastewater
Treatment and Disposal Board for the City's supervision of construction of
the wastewater treatment facility, be discussed at a future date as this
item is on the agenda for the meeting to be held June 15, 1976 at 1:30 P. M.
at the Boynton Beach City Hall. Mayor Scheifley and the City Manager agreed
'that Section 4 does not have.any specific meaning. Mr. Federspiel, Attorney
for the. Boar~ stated the contract varies from the original and he and
Anthony Canon are not in agreement with Sections 4 and 14 and added the
last provision in the contract attempts to limit Delray's responsibility
under the contract not being liable for any damages as a result of the
breach of contract. Mr. Federspiel' stated he feels the original draft'pro-
riding that the City would be cognizant and responsive to the requests of
the Chief Executive Officer i~ important to the extent that in any contract
for supervision, you should have some controls over the supervising party..
Mr. Eederspiel added in the contract they are trying to be vague and the
entire interlocal agreement is m~aningle~ without cooperation from the
two Cities. Mr. Sanson stated he contests the wording in 'the Agreement
stating Delray is agreeing with the idea that the authorization to perform
engineering services signed December 26, 1973, gives Russell & Axon the
authority to be the resident engineers, and added he will not approve this
agreement with any reference made to Russell & Axon. Mr. Sanson moved that
the Sewer Board retain another engineering firm.(No second was made). The
City Attorney stated the reason the name of Russell & Axon is in the agree-
ment, is they have been specifically authorized by a signed authorization,
to perform the work which is written in the contract. The City Attorney
advised Section 14 was placed in the agreement with Council's approval;
this section refers to the City not being responsible for damages in the
performance of the obligations under this contract since the services to
be rendered under this agreement will benefit all citizens in the South
Central Region and also because they are done on a non-profit basis. Mr.
Randolph asked if there should be damages, who would sustain them. The
City Attorney replied, possibly the Board would sustain the damages, and
if damage should accrue, it.would be the Board's obligation to correct it
as best they could under the contract for the benefit of all the people
in the South Central Region. Mr. Randolph stated if this.is the case,
does this place the members on the Board liable for lawsuits collectively
and individually. The City Attorney replied this agreement is to limit ~he
damages that would be collectible by the Board. Mayor Scheifley asked
Attorney Federspiel if the B~ard members are covered by insurance. Attorney
Federspiel replied, the m~mbers of the Board are not. Mayor Scheifley
suggested this item be placed on the agenda for the Sewer Board meeting to
be held June 15, 1976.
Mr. Sanson moved the item of authorizing execution of an agree-
ment between the City and the South Central Regional Wastewater Treatment
and Disposal Board for supervision of construction of the Wastewater Treat-
ment Facility be tabled, seconded by Mr. Weekes, said motion passing
unanimously.
- 4 - 6-14-76.
143
6.k. The City Manager stated it is recommended that Council authorize
the expenditure of $654.28 to advertise for bids for construction of the
South Central Regional Wastewater Treatment Plant and Disposal Facility,
effluent pipe lines and disposition of the residue solids from the Facility.
The City Manager stated Mr. Canon has requested Boynton Beach make a like
payment in the amount of $654.28 and Boynton Beach plans to do this. Mayor
Scheifley stated the Board has $100,000 in its treasury and cannot under-
stand why $654.28 cannot be paid from the Board's funds. The City Manager
stated he was informed by Mr. Canon the money is n~t available from the
appropriate account. Mayor Scheifley asked why this amount was not placed
in the .Sewer Board budget, and asked Mr. Randolph, Chairman of the Board,
if this amount would be recoverable from the grant money. Mr. Randolph
replied this should be brought to the Board's attention, and the Board
budget should be reworked to handle such items.'
Mr. Gomery moved in accordance with the recommendation of the City
Manager, that Council pay the $654.28, seconded by Mr. Weekes. Upon roll
call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr.
Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with
'a vote of 4 to 1.
7.a. City Manager Mariott stated it is recommended that the South
Central Regional Wastewater Treatment and Disposal Board Resolution No. 6-76
'relative to Federal Old Age and Survivors Insurance for Board employees be
approved.
Mr. Sanson moved that Council recognize approval of the South
Central Regional Wastewater Treatment and Disposal Board Resolution No.
6-76 in a favorable manner, seconded by Mr. Weekes, said motion passing
unanimously.
Mr. Weekes requested Item 8.i. be moved to the next item due to
the number of people present for this item.
8.i. The City Manager stated it is recommended that Council hold
the Public Hearin~ which has been legally advertised in compliance with
the laws of the State of Florida and the Charter of the City of Delray
Beach, on the assessment roll for the Southwest Drainage Project prior
to first reading of Ordinance No. 22-76. The City Manager stated the
total project cost is $1,233,607.7'0 which is funded from the following
sources: Federal Grant - $383,000; General Obligation Bond Issue -
$603,335.54; and Assessment to property - $247,272.16. City Manager Mariott
added the City will not collect the full amount by virtue of special assess-
ment against the benefited properties because there are governmentally
owned properties within the benefit district which have a total drainage
assessment of $28,028.65. The City Manager added the City cannot reassess
previously assessed properties for additional drainage construction at
this time. The two deductions total $33,194.61 which subtracted from the
total assessment roll, leaves a total potentially recoverable amount by
special assessment of $214,077.50. The assessment is 2¢ per square foot
of all land within the benefit district.
Mrs. Henrietta Smith, 1202. N. W. 2nd Street, Delray, President
.of the Board of Directors of the Community Child Care Center, 215 S. E..
1st Avenue, asked Council if they could waiver the Child Care Center's
share of the assessment based, on their financial status. Mrs. Smith added
the income of the Center depends on donations from the community. The
amount of the assessment is over $200 and this amount cannot be put in
the budget because the Center does not have the money and they expect to
have less money next year. Mayor Scheifley asked the City Attorney if Council
can legally ~waive the assessment and if so, how about other charitible
organizations in the drainage district. The £ity Attorney replied all tax-
payers must be treated as equally as possible, and added he will give his
answer on the question of other charitible organizations before the second
reading. City Attorney Saberson stated his wife works ~or the Child Care
Center and he will refer this item to Assistant City Attorney Shandy. Mayor
Scheifley informed Mrs. Smith this will be considered after Council receives
a report from Mr. Shandy.
Mrs. Virginia Snyder, 38 S. Swinto~ Avenue, Delray, read a letter
from her husband recommending that the City Council act responsively in
funding this drainage project so that every.taxpayer is assessed a fair
share of the project. City Manager Mariott stated this is a common complaint.
Mrs. Snyder asked Council if it would be too late to explore the different
methods of financing the drainage. The City Manager informed Mrs. Snyder
- 5 - 6-14-76.
that the City was able to get Federal Grant money in the amount of~$383,000,
a~ .the ass~ssment~ ~is ~on~y-.~ab~t~:on~ha!f ~the ~.no.r~at~.~seSsnle~t~nc ~ ! ·
~ ~ ~.~,.~:~,~Attorney Feders_piel,.~100. N...E. ~5th Avenue,.Boynton.~Beach,
representing Simons', Zanes.and Rinks~,.~owner.s-of.p~operty in the~afff~cted
.area, stated he feels,.the :assessment.is unconstitUtional and.arbit, rary~
Attorney Federsp.ie.1 added ~there.are-on!y,certainproperties in ~th~s.,~rea
which are being_benefited by-this assessment~. Attorney-~ederspiet~.~[ated
high.properties are not being _benefited at all-!and feels the enti~e'~tax-
payers ~of the City should bear the burden.~-~Mr.~?Federspiet~as~ed[.haw~he
Cify arrived at the benefit district. Mr. Klinck of Russell & Axon,
explained field surveys were made to determine· the high point of the
ground surrounding the drainage area. Attorney Federspiel stated Jthis
seems to be of City-wide concern and.should be financed~throughla general
tax. levy or general bond indebtedness 'and feels the, action about.~tozbe.
~aken would be .illegal.. ~ ~- ~_~ j.:~r:v .~ ...... .:~
>,~ :~ :·~. . -_'~ ~,~ . ~ ~ . ~ - ~r~ ~:_ .... i~. ~ i~.~
Mr. Frank F. Ellis, 553 Jaeger Drive, Delray,-.stated %here is:
~_problem with excess rain water at his residence._Mayor·Scheifley._'
informed Mr. Ellis he is not :in the benefit dist~ict~
..... ~. _.Mr. Charles Bent, 333 S. E.-lst Avenue, ~stated~Russe'll~& Axon
raised the street level to get rid of the water, between 3rd Street and
4th Street on S. E. 1st Avenue. Due to this, the water was flowing on
~is property. Mr. Bent added he had to haul in fill to bring his property
~p to the street level. At a later date, Russell & Axon dropped the street
level by 1½ feet. Mr. Bent stated this has already cost him $600 and feels
there is no difference with the watershed no~ as there was prior, to the
~rainage project. The City Manager stated he will have the City Engineer
investigate this.
Mr B. Spiers, 124 S. E. 2nd Avenue, stated he built an alley
adjacent to his property on S. E. 2nd Avenue. At that time, the water
would run down the center of the alley. Mr. Spiers added the City built
the alley up so now the water runs down through his garage and at time~
khe water has been 4" deep. This water is causing his garage to rot.
~r. Spiers added the drainage will not ~o him one penny's worth of good.
The City Manager stated he will have the City Engineer investigate-this.
Mrs..Nancy Kortessis, 213 South Seacrest Circle, stated_ she and
her husband purchased a piece of property after March 1, 1974, and had this
property been billed for immediately after the assessment work was done,
the previous owner would have been responsible for the bill. Mrs. Kortessis
asked Council why·she has to. pay for the new sewer system as she is using
the old sewer. The City Manager stated she is referring to the sewer
service charge for sewer service and some people are paying the charge who
have the new sewer available, but are not hooked up. City Manager Mariott
added the money paid for the sewer service charge is not paid for construc-
tion of the sewage treatment plant nor for the construction of the lines
themselves. The City Manager advised Mrs. Kortessis there is a distinction
between sanitary sewers and drainage. When new developments are built, the
developer pays 100% of the installation and cost of the sanitary sewers
plus they pay their sewer service charge in addition. City Manager Mariott
explained the delay in billing is due to the City's computer system. Mrs.
Kortessis stated on one piece of property, their assessment is $21, whereas
her neighbor's assessment is over $140. The City Manager stated possibly
the error was made by the programmer, not the computer and any errors made
by the City will be corrected.
Mr. Charles Bent, 333 S. E. 1st Avenue, stated he was just
informed that it was the City who raised and lowered the street level,
not Russell & Axon. The City Manager informed Mr. Bent he will have the
City Engineer investigate this.
There being no further objections, the Public Hearing on the
assessment roll was closed.
The City Manager presented Ordinance No. 22-76.
AN ORDINANCE OF THE CITY OF DEI,RAY 'BEACH; FLORIDA,
LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT
ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY,
CONCERNING THE CONSTRUCTION OF STORM DRAINAGE AS
SIIOWN ON PLANS MARKfD "STORM DRAINAGE - SOUTHWEST
AREA, PROJECT NO. 5964-9a", TOGETHER WITH THE IN-
- 6 - 6-14-76.
STALLATION OF INLETS, MANHOLES AND APPURTENANCES
IN CONJUNCTION WITH SUCH STORM DRAINS.
The City Manager read the caption of the ordinance. Mr. Gomery
asked Mr. Fleming to elaborate on the previous drainage districts. Mr.
Fleming explained there were sections east of the Intracoastal Waterway
which were divided into small sections with each section having its own
outfall into the Intracoastal Waterway. At that time, each property was
listed separately and each was assessed. Mr. Fleming added this should
be an illustration that other people have paid for their drainage in the
past. Upon questioning by Mr. Weekes, Mr. Flemi~q noted that the drainage
project at Swinton Circle was paid for by the County. Mr. Sanson asked
when Resolution No. 27-72 was passed, which intiated the project, was it'
not clearly explained to the public how it would be funded. The City
Manager stated it was explained in the resolution which stated there
would be an assessment charge of 2¢ per square foot. Mr. Sanson was of
the opinion objections should have come at that time as well as now.
Mr. Sanson moved for passage of Ordinance No. 22-76 on first
reading, seconded by Mr. Gomery. Mr. Sanson made a substitute motion
that the last whereas clause in the ordinance be changed from no sufficient
objections to insufficient objections, seconded by Mr. Gomery. Upon roll
call, Council voted as follows: Mr. Gome~y - Yes; Mr. Randolph - Yes; Mr.
'Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed
with a vote of 5 to 0.
8.a. The City Manager stated at a previous workshop meeting, it was
decided to approve a six foot wide bicycle path from Eve Street to the
Delray Mall entrance on State Road No. 5. At that time, it was thought it
might be possible to secure partial funding from the County, with the
understanding that if County funding was not available, the City would con-
struct the walk at the City's expense. The City Manager stated County funding
has not been available for the bicycle path at this time; therefore, the
following bids were taken.
Bidder Quotation
Carr Soil & Sod-Driveways $2,555.00
Delray ~each
Hardrives of Delray, Inc~ 3,785.00
Delray Beach
Oneman Engineering 4,380.00
Delray Beach
The City Manager stated at the time of discussion, it was' not
known whether the bicycle path should be built from Tropic Boulevard to
the Delray Mall or from Eve Street to the Delray Mall. It is, therefore,
recommended that the low bid submitted by Carr Soil & Sod Driveways in
the amount of $2,555.00 be accepted by Resolution No. 31-7~ which provides
for the funding to come from Federal Revenue Sharing Funds; 'it being
understood that it might become advisable at a future date to extend the
construction from Eve Street to Tropic Boulevard, which can be considered
at that future date. Upon questioning by Mr. Weekes, the City Manager
advised it is 1100 feet from Eve Street to the Delray Mall.
Mr. Weekes moved to table this item upon further discussion of~
the Tropic Isle Civic Association, seconded by Mr. Gomery. Upon roll call,
Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson -
Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to
0 vote. Mayor Scheifley asked the City Manager to schedule a meeting between
the Engineering DePartment and the Tropic Isle Civic Association. Mr. Gomery
asked if this'money is presently available or is it from future federal
funds. The City Manager replied it would be the alloc&~ion from the next
fiscal year, beginning July 1, 1976.
8.b. City Manager Mariott reported the following bids have been
received by the City for the purchase of two pumps for rebuilding of Lift
Station No. 32, located on Dogwood Drive in Tropic Isles:
Bidder Quotation
Pollution Equipment Company $3,600.00
Orlando
- 7 - 6-14-76.
Ellis K. Phelps & Company $3,695.00
Winter Park
The City Manager stated it is recommended that the award be
made to Ellis K. Phelps and Company in the amount of $3,695.00. The reason
for recommending the purchase of the more expensive pumps (by $95) is the
fact that the recommended pump is 6% more efficient than the other one and
will pump 250 gpm compared to 225 gpm by the other pump, with financing to
come from budget funds.
· The City Manager presented Resolution No. 32-76.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE PURCHASING OF MATERIALS
NECESSARY TO REBUILD SEWAGE LIFT STATION NO. 32 WITH
CITY FORCES DOING THE NECESSARY WORK.
(Copy of Resolution No. 32-76 is attached to the official c~py
of these minutes.)
Mr. Weekes moved that Council follow the City Manager's recom-
mendation and the award be made to Ellis K. Phelps & Company in the amount
of $3,695.00 and the passage of resolution No. 32-76, seconded by Mr. Gomery.
Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph -
Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion
passed with a vote of 5 to 0.
8.c. The City Manager stated Resolution No. 33-76 authorizes the
execution of a utilities agreement between th~ City and the Department of
Transportation for the adjustment, change or relocation of certain utilities
within the right-of-way of the proposed extension of Linton Boulevard from
Dixie Highway to A1A. The Department of. Transportation is asking that the
Resolution be adopted by the City at this time. It is estimated that the
cost of utility adjustment involved will be '$11,546.40 and will be funded
from the 1976-1977 Budget.
The City Manager presented Resolution No. 33-76.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING EXECUTION OF A UTILITIES
AGREEMENT FOR THE ADJUSTMENT, CHANGE OR RELOCATION OF
CERTAIN UTILITIES WITHIN THE RIGHT-OF-WAY LIMITS HERE-
AFTER DESCRIBED BETWEEN THE .STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION AND THE CITY OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 33-76 is attached to the official copy
of these minutes.)
Mr. Gomery moved for the adoption of Resolution No. 33-76,
seconded by Mr. Randolph. Mr. Sanson. asked if the City has to pay this
even though it is a County road. The City Manager replied in the affirmative.
.~pon roll call, Council voted, as follows: Mr. Gomery - Yes; Mr. Randolph -
Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion
passed with a vote of 5 to 0.
8.d. The City Manager stated Resolution No. 34-76 authorizes the
execution of a lighting agreement between the City and the Department of
Transportation on the proposed extension of Linton Boulevard from Dixie
Highway to A1A. It is estimated that maintenance of the lighting system
will cost the City approximately $1200 per year.
The City Manager presented Resolution No. 34-76.
A RESOLUTION OF THE CITY CouNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, aUTHORIZING EXECUTION OF A HIGHWAY
LIGHTING AGREEMENT FOR THE ADJUSTMENT, RELOCATION AND/
OR INSTALLATION OF A CERTAIN LIGHTING SYSTEM WITHIN THE
RIGHT-OF-WAY LIMIT~ HEREAFTER DESCRIBED BETWEEN THE STATE
OF FLORIDA DEPARTMEN~ OF TRANSPORTATION AND THE CITY OF
DELRA¥ BEACH, FLORIDA.
(Copy of Resolution No. 34-76 is attached to the official copy
of these minutes.)
Mr. Randolph movod for passage of Resolution No. 34-76, seconded
b~ Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gomery
147
Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes -_Yes; Mayor Scheifley -
Yes. The motion passed with a vote of 5 to 0.
8.e. City Manager Mariott stated Ordinance No. 16-76 was passed on
f~t reading on May 10, 1976. This ordinance is relative to rezoning the
N. E. corner of the intersection of the Intracoastal Waterway and N. E.
8th Street in Section 9-46-43 from SC (Specialized Commercial) to RM-15
(Multiple Family) District.
The City Manager presented Ordinance No. 16-76.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
SC SPECIALIZED COMMERCIAL DISTRICT IN RM-15 MULTIPLE
FAMILY DWELLING DISTRICT, AN AREA LOCATED EAST OF THE
INTRACOASTAL WATERWAY, NORTH OF N.E. 8th STREET,' WEST
OF ANDREWS AVENUE AND SOUTH OF PELICAN LANE, SAID LANDS
BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS
RECORDED IN PLAT BOOK 8, PAGE 40, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1976".
(Copy of Ordinance No. 16-76 is attached to the official copy
of these minutes.)
The City Manager read the caption of the ordinance. A Public
Hearing was held, having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray Beach.
There being no objections, the Public Hearing was closed. Mr. Randolph
moved for the passage of Ordinance No. 16-76 on second and final
reading, ~econded by Mr. Sanson. Mr. Sanson stated on first reading,
he made a substitute motion to change the zoning from ~-~-15 to kM-10
and he still would like to see this change. Upon roll call, Council
voted as follows: Mr. Gomer¥ - Yes; Mr. Randolph - Yes;.Mr. Sanson;
Yes; Mr.'Weekes - No; Mayor Scheifley.- Yes. The motion passed with
a vote of 4 to 1.
8.f. City Manager Mariott stated Ordinance No. 17-76 was passed on
first reading on May 10, 1976. Mayor Scheifley stated he hopes reference
will be made to his previous complaints about the County PBA. Mr. Sanson
stated it should be pointed out that in Broward County there is an extensive
campaign to prosecute the County PBA for %heir misleading solicitation and
urged the citizens not to support the County PBA solicitation. Mayor
Scheifley added one of the charges in Broward County against the County PBA,
is the solicitors are keeping 60% of the funds.
The City Manager presented Ordinance No. 17-76.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING ARTICLE II,CHAPTER 18, OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMEND-
ING SECTION 18-21 BY LETTERING THE FIRST PARAGRAPH (a),
ADDING ADDITIONAL WORDING AND BY THE ADDITION OF A NEW
PARAGRAPH (b); AMENDING SECTION 18-22 AND SECTION 18-26
BY REMOVING ALL REFERENCES IN SAID ORDINANCE TO TAX
COLLECTOR AND INSERTING IN PLACE THEREOF THE WORDS
"BUILDING DEPARTMENT"; REPEALING SECTION 18-25 OF SAID
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
AN EFFECTIVE DATE.
(Copy of Ordinance No. 17-76 is attached to the official copy
of these minutes.)
The City Manager. read the caption of the ordinance. A Public
Hearing was held, having been legally advertised in compliance with the
laws of the State of Flor£da~ and the Charter of the City of Delray Beach.
There being no objections, the Public Hearing was closed. Mr. Weekes moved
for the passage of Ordinance No. 17-76 on second and final reading, seconded
by Mr. Gomery. Mayor Scheifley stated he hopes this item receives publicity
so when the citizens receive these illegal phone calls, they will stop
supporting the solicitations. Upon roll call, Council voted as follows: Mr.
Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor
Scheifley - Yes. The motion passed with a 5 to 0 vote.
- 9 - 6-14-76.
8.~. ~y~Ma~ag~r'i~ario~_..stated Ordinance No. 20-76 was passed on
first readingi, on May?24', 1976. Thi~ ordinance is relative to amending
Chapter 29 "Zoning" by amending Section 29-5 (F) (1) building setbacks
in the R-l~_AAA-~-(Sing!e.Fami%y~Dwe~!i~g)~zDistrict.
;i'~,~ ~_~.~Th~ citylM~nag~r p~eSented-6rd~nan~eI No. 20-76.
'-i~. ~_ 2~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
cc~r~' i~-~ .n,~BEACH,..FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS
~'i~_AMENDED.x. BY CHANGING THE SETBACK REQUIREMENTS FOR THE
R-1AAA-B SINGLE FAMILY DWELLING DISTRICT, SECTION
~9~5 _(F)' (1) (2)~. pROVIDING_A' SAVING CLAUSE~ PROVIDING AN
(Copy of.~.OrdinanCelN~, 20~76 is" attached to the official copy
of these minutes.)
-.-'-;-.~ ..The. City Manager'read the captiOn of the ordinance. A Public
Hearing was held, having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach. There being no objections, the Public Hearing was closed. Mr.
Gomery moved for the passage of Ordinance No. 20-76 on second and final
'reading, seconded by Mr. Randolph. Upon roll call, Council voted as
follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr.
Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of
5 to 0.
8.h. The City Manager stated this Ordinance will designate the
o~1 Planning Board as the Local Planning Agency as required in the
L~cal Government Comprehensive Planning Act of 1975. This ordinance was
passed on first reading on May 24, 1976.
The City Manager presented Ordinance No. 21-76.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH PURSUANT TO SECTION i63.3174 OF THE LOCAL GOVERN-
MENT COMPREHENSIVE PLANNING ACT OF 1975 DESIGNATING THE
DELRAY BEACH PLANNING AND ZONING BOARD AS "THE LOCAL
PLANNING AGENCY".
(Copy Of Ordinance No. 21-76 is attached to the official copy
of these minutes.)
The City Manager read the caption of the ordinance. A Public
Hearing was held, having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach. Mr. Kromer, 952 McCleary Street, Delray, stated it would be
important to the Planning and Zoning Board and its activities that the
City has its own Local Planning Agency. There being no objecti6ns, the
public hearing was closed. Mr. Sanson moved for the passage of Ordinance
No. 21-76 on second and final reading, seconded by Mr. Gomery. Mr. Sanson
asked what the cost to the City would be to comply with this act as out-
lined in the ordinance. The City Manager replied the State mandates this
to be done, but provides no funding and added that the exact cost is not
known. Upon rol~i call, Council voted as follows: Mr. Gomery - Yes; Mr.
Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes.
The motion passed with a vote of 5 to 0.
8.a. Mr. Kromer, 952 McCleary Street, Delray, asked Council to
reconsider item 8.a. This item was tabled earlier in the meeting, until
further information was available. Mr. Krom'er stated he conferred with the
officers of the Tropic Isle Civic Association and has further information
regarding the bicycle path. Mr. Weekes moved that Item 8.a. be taken off'
the cable, seconded by Mr. Gomery, said motion passing unanimously. Mr.
Kromer stated this has been a project of the Tropic Isle Civic Association
for over one year and in talking with the City Engineer, he would like to
see this activated as quickly as possible so that the County would recognize
the existence of the bicycle path and added that there be a manually
activated traffic signal placed in that intersection-so the bicyclers and
pedestrians could cross Linton Boulevard. Mr. Kromer added the Association
respectfully requests that Council adopt this resolution. Mr. Sanson
stated his only concern is what will happen to this work and the light
signals which are being placed when all the construction starts. Mr.
Kromer stated the intersection work in the paved area would be incorporated
with the street work and asked the City Engineer if it would be necessary
- ~' - ~-14-76,
to tear up the bicycle path when the extension of Linton Boulevard is
built. The City Engineer replied this would be recognized by the County
and if the County tears up the bicycle path, the County would build
another crossing at no additional cost to the City. Mr. Weekes stated
he feels this crossing is very hazardous due to the traffic on State
Road No. 5. Mr. Sanson asked if the traffic lights would have to be
taken down. The City Engineer replied this is a minor adjustment. 'Mr.
Kromer added it is his understanding if the light is in operation and
is disturbed by the County, it must be replaced bz the County. Mr.
Gomery stated the County will take the pedestrian button from the
traffic light and will not put it back.
The City Manager presented Resolution No. 31-76.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELARY
BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT
TO FURNISH ALL MATERIALS AND LABOR TO CONSTRUCT A
BICYCL~ PATH FROM EVE STREET TO DELRAY MALL ENTRANCE
AT STATE ROAD NO. 5, SIX FEET (6') WIDE, FOUR INCHES
(4") THICK LIME ROCK BASE, AND ONE INCH (1") ASPHALT
SURFACE,. AS SHOWN ON DRAWING NO. 1-23-76 DB.
(Copy of Resolution No. 31-76 is attached to the official copy
of these minutes.)
Mr. Randolph moved for the passage Of Resolution No. 31-76,
seconded by Mr. Sanson. Upon roll call, Council voted.as follows: Mr.
Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes;
Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0.
9.a. The City Manager stated the Community Appearance Board at a
meeting held May 26th, unanimously disapproved the sign permit requested
by the Hamilton House, 1213 South Ocean Boulevard, because (1) the sign
was inconsistent with other signs; (2) crowded surface; (3) poorly designed;
(4) not compatible with the rest of the neighborhood; (5) poorly located;
and (6) does not meet aesthetic criteria. Mr. Ron Hickerson, Resident
Manager of the Hamilton House, 1213 South Ocean Boulevard, appeared before
Council and stated he is appealing the decision made by the Community
Appearance Board. Mr. Hickerson stated the Hamilton House must have signs
to generate businesS 12 months of'the year and added for the past 14 years
they have done this. They had no trouble until two years ago when the
Delray Beach Property Owners' Association complained about the signs. The
Sign Inspector found the sign in compliance with the sign ordinance. Mr.
Hickerson added aboUt a year ago, they received a citation from the Sign
Inspector stating the sign would have to be removed from the right-of-way.
The Hamilton House obtained a permit from the Building Department and they
were told by the Inspector that they would have to make the sign pOrtable
so they could erect and remove the sign depending on the need. Mr. Hicker-
son'added the sign remained in its present location until December 23, 1975
and during that time, the new sign ordinance was passed. Because the sign
which was erected and in compliance with the law at that time, Mr. Hicker-
son believes the sign should remain. Mayor Scheifley informed Mr. Hickerson
there is no objection' to the Hamilton House having a sign, it is the type
of sign. City Attorney Saberson stated this item should be tabled until
the next regular meeting. Mr. Sanson asked Mr. Hickerson if all the wording
in the sign is needed and ifmutual agreement could be made with the
Community Appearance Board to come up with a compatible sign. Mr. Hickerson
replied Mrs. Thompson, a member of the Community Appearance Board, made
the comment that the sign cheapened the building. Mr. Hickerson stated
this is the intent of this sign, to get summer business and added he prefers
the present sign. Mr. Sanson asked Mr. Arias, Chairman of the Community
Appearance Board, if it is possible that M~. Hickerson might not have to
appear before the Community Appearance Board. Mr. Arias replied when an
item comes be'fore the Board, it has gone through the Building Department.
The Board assumes the items are legal and have been c~ecked by the Building
Department. Mrs. William Matthews, 1024 White Drive, expressed her feelings
against the sign, saying it cheapened her property and the entire neighbor-
hood.
Mr. Sanson moved to sustain the recommendation of the Community
Appearance Board, seconded by Mr. Gomery, said motion passing unanimously.
- ll - 6-14-76.
9'~b;-., ..... ~'~.~iManaqer stated the Commun±ty Appearance Board at a
~i?.~in~'~h~Id'o~'May-12th, unanimously approved the sign permit for the
No~th'Wa~er P'i~nt'~ Ni W. let Avenue, with the stipulation that the new
~'gH~e~'~e~-S~e'Style, color, and type of graphics as the old sign.
The City Manager_stated a sign is needed which is compatible with the
use and a sign'-is needed to say what the building is being used for. Mr.
Arias, Chairman of. the Community Appearance Board, stated the wording,
Public Utilities,~.on the sign is not necessary.
Mr.~'~y moved that item 9.b. be table~, seconded by Mr.
Weekes,'said motion passing unanimously.
10. The~ity Manager recommended t'hat Council authorize payment
of.the City's'bills. Mr.. Weekes moved to pay th~ bills, seconded by Mr.
Gomery, said motion passing unanimously. Mr. Sanson requested that the
~ity Manager~and'City'Attorney give Council an accurate budget estimate
for-'the'~Attorney Department for the 1976-1977 Budget. Mayor Scheifley
stated he thinks Mr. Sanson is asking an impossible question, but the
City Manager will check into this.
~-~ ' ~.:" General Fund .................. $782,396.15'
~-~.7~7 ~'i__.-. £.~. Water and Sewer Fund .............. 1,219,507.89
......... Ciga
..._~. ~ rette Tax Fund ............... 15,207.50
'Utility Tax Fund ................ '187,174.58
-' Beach Restoration Fund ............. 1,091.00
~ i. Federal Revenue Sharing Fund ......... 325.00
Mr. Gomery moved for the adjournment of the meeting, seconded
by Mr. Sanson, said motion passing unanimously. The meeting was adjourned
at 10:45 P. M.
City Clerk
APPROVED:
o R .
- 12 - 6-14-76.
150a
RESOLUTION NO. 32-76
A RESOLUTION OF TI-~ CITY CO~CIL OF THE CITY OF DELRAY
BEACH, FLORIP~, A~£HORIZING TIlE PURCI{kSING OF MATERIALS
.NECESSARY TO REBUILD SEWAGE LIFT STATION NO. 32 WITH
CITY FORCES DOING THE NECESSARY WORK.
WHEREAS, it is the recommendation of the City Manager that the
uncil, acting by authority of provision of Section 78 of the City's Charter
thorize the purchasing of materials with City forces doing the work to
build Sewage Lift Station No. 32; and,
WHEREAS, the Director of Public Utilities has submitted quotations
for the required materials as follows:
Pollution Equipment Co.', $3,600.00
11052 Satellite Blvd.,
Orlando, Florida 32802
Ellis K. Phelps & Co. $3,695.00
P. O. Drawer S
Winter.Park, Florida 32789
AND, WHEREAS, it is the Council's opinion that the purchasing of
materials with City forces doing the work would be in the best interest of
the City; and,
WHEREAS, it is the opinion of the Director of P~Dlic Utilities that
the material as offered by the Ellis K. Phelps Co. is 6% (six percent) more
efficient; and,
WHEREAS, the Director of Public Utilities recommends that the bid of
the Ellis K. Phelps Co. be accepted as being in the best interest of the
City;
NOW, ~HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRA~ BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the bid for the purchase of this material be awarded
to the Ellis K. Phelps Co. of Winter Park, Florida.
section 2. That this improvement shall be funded with such funds, as
.ye been previously budgeted for such work.
PASSED AND ADOPTED in regular session on this the 14th day of
June, 1976.
ATTEST:
y Cle£k
I50b
RESOLUTION NO. 33~76
A RESOLUTION OF TI{E CIT~ COUNCIL OF TI~E CITY
OF DELRAY BEACH, FLORIDA, AU%~tORIZING EXECUTION
OF A UTILITIES AGREEMENT FOR THE ADJUSTMENT,
ClLANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN
THE RIGHT-OF--WAY LIMITS PIEREAFTER DESCRIBED
BE%~qEEN T}rE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION AND ~[E CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the State of Florida Department of Transportation has
located and proposes to construct or reconstruct a part of State Road
S. E. 12th Street; and,
WHEREAS, in order for the State of Florida Department of Transpor-
tation to further and complete said project, it is necessary that certain
utilities and/or facilities~ithinthe Right-of-Way limits of said State
Road S. E. 12th Street, be adjusted, changed or relocated; and,
'WHEREAS, the State of Florida Department of Transportation having
~equested the City 'of Delray Beach, Florida, to execute and deliver to
the State of Florida Department of Transportation a Utilities Agreement,
agreeing to make or cause to be made such adjustments, changes or
relocations of said utilities and/or facilities as set out in said
Agreement, and said request having 'been duly considered,
NOW, THEREFORE, BE .IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY .BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council .of the city of Delray Beach,
Florida, concurs, in the provisions of that certain agreement attached'
hereto, pertaining to the adjustment, change or relocation of certain
utilities within the right-o.f-way limits described in Exhibit "A"
to that agreement.
Section 2. That the City Council of the City of Delray Beach,
Florida, authorizes the said agreement to be executed by a legally
designated officer of this Public Body.
Section 3. That a Certified copy of this Resolution be forwarded
to the State of Florida Department of Transportation at Tallahassee,
Florida.
PASSED AND ADOPTED in. regular session on this the 14th' day of
June, 1976.
ATTEST:
~.~city Clerk
g~:,~ t FINAL NE(;OTIA'I'IO~J Iq{OC:I:L)URE
UTILI'I'Y ilELOCATION AGiiEEMENTS
.ur Agency will receive, imdcr Separalc cover, hly, l~way construction plans cow:rin~ the area in which your facilities
: Icmalcd. Wh,m required, p:u'lially COmld~:h:d a;,,rccmc~t forms will lm included in I1,: assemhly I~gcthcr wilh
Ioc:dloti Schcduh: format th:~igm:d !o co~c Ibc propel;cd work. Your ~ssistance i~l preparing Ih~ request in
lowing prescribed manm:r will bc apl~reciah'.~
1. U'I'ILITY I'I.ANS - Thc plan~ ~;hould bc sufficiently d~:tailcd so ~f determination can be made that all
.indicated work is mu:cssarf, Ihat Ibc I)lanned adjustment will meet with all design policy
requiremm~ts of Iho 1)cpart'mml, ami lh:~t s,ch plans represent Ibc most economical means of
making Iht adjustment. For I:;IMBUILSAI~I.E work, the plans shouhi be detailed so lhat quanlilies
of major ilems of materials an be correlalcd with like iJcms and quanlities as they ;Jppe~ in
cstimalc.
~J'ajor highway conslruction :lc. ments such as pavement areas, bridges, drainage structures, right of
way lines and widths, conlr(,l of access lines and highway slationing numbers should ~so appear on
lhe milily ph,.s. Canstructi~n plans prepared by your office ia lieu of marl(ed Department planq
will be satisfactory, provided they meet all of the ~)ove mentioned requirements.
· · The pl~s should be marked vill~ the following color code: '
Green line for a~ exis~ m, facBities to remain in place
Red line- for aH existing facilities to be removed or ~andoned
Brown line - for ~ proposed new construction . ..
... One set of the completed plans should be returned to the.Departmen[ v,,~tll eacll ~e)~' _i.. ~,' r ,,~"-- ~,,:,,~_
~6g~c:m:::t as p~rt of the leg~ as~mbly. ..
2. UTILITY ESTIMATES - Fr,r REIMBURSABLE work, it wi~ be requked ~at estimates cover a~
such work as indicated by the plans mtcl the particulr~ a~eement form to which fl~e estimate is
attached. Estimates must Be prepared in a manor fltat wi~ conform to ~e requkements of
Department Procedure 132-0:1.6. Particular attention should be Wen to the form of estimate to
insure comp~ance ~th thcs re~lations. It should be noted that Section ~.f of ~ocedure 132-046
states: ~ ..
" "The estimate in mppo: of the agreement sha~ set forth ~e items of work to be
: performed, broken down as to estimated cost of l~or, cons~cfion overhead, materiMs and
-'. ~pp~es,. handling charg,:s, transportation and equipment, rights of way, preliminary
en~neeri~, and constn, fion en~neerfn~, .~cludin~ an itemization of approp~te credits
' . - for salvage, betterments, md'exp, ired serGce life, a~ in sufficient detMl to provide the State
and DMsion En~neer a r :asonabIe basis for anMysis."
'. . . Estimates which.leave jusfifi:ation of items or amounts to the premmpfion of the reviewer cannot
be accepted. The factors that Will be included in the Agency's construction overhead account shM1
be ~t forth. Items of malarials are to be iterated when they represent relati.yely major co~npm
neats or costs in the relocation. One estimate assembly must Be prepared for each copy of the
agrec~nent. Each asse~nbly must also include your Scope of Work Statement and Relocation
Schedule as outlined on the Sche&de form. The Schedule form should also include any special
.- .notice or instruction to the highway contractor that should be included in the project's special
proxdsions.
· ~. UTILITY AGREEMENTS. hll copies of the a~eement drafts furnished should be properly eom-
pleled. Upon fin:d legal e:eculion, ~1 copies should be returned to the Department with the
completed assemhly.
mr Agency is not authorized lo begin any :onslntction work until you receive notice that the a~eement bas been
ovcd ami cxeculctl. "
Ot~ 7~3~-1~0 ~TATI: OP' FLOIIlI'~A DEPAIITMENT Or T~ANSPORTATION
~& gIVISlON OF IIOAD OI'CI~ATIOH5
~:, o~ UTILITY RELOCATION AGREEMENT
{At ~unicipal Expense)
COUNTY . .<;I'2CTIOII UTILITY JOILI NO. STATE ROAD I~10. COUNTY NAME PAIrICEI. & I~lW JOB NO.
93 521 6601 S.E. 12th Streel Palm Beach 2 ,2601
Tills AGREEMENT, made and entered inlo this ~da.x: of ,
'197 ..., by and betwecn the STATE OF FLORII)A DEI'ApdI'MENT' OF TRANSPORTATION,
hereinafter referred to as the DEt'AI~TMENT, and tile CITY OF ~__DLLgJ,~qEACH ,
a municipal corporation, hereinafter referred to as the CITY. ..
o
-. WITNESSETH:
WItEi~EAS, the DEP.~q. TMENT is'constructing, reconstructing or otherwise chan~ng a portion
of tlm State Highway System designated' by. the DEPARTMENT as Job
Ho. cl-qE?l-qC-~ql , Road No. S.r 19th Street between ~.:..:~ ,,:-~ .....
........ ' --'" -- , l..¢tAt8 t~l,ki~iJi:il:].,.
~d, A-I-A '
~chieh shall ce31 for the relocation of the CITY'S facilities (m~-ned by the C.I. ~, whether wittfin the
corporate l[m~ts thereof or ~ot) alQn~, ovel~ and/or nnder sa~d. ]~[~hway,
· _/kn~ and all city owned or operated water mains, fire h)'drm]ts, z-~xfitary ~wers,
mains, fire and police call systems, telephone, electrical, tele~aph and TV-cabl:
~,stems, [ncludin~ poles, pole lines and under~onnd fac~t~es thereof, m~d a~y other
C~.TY o~med or operated utilities and facilities ~tl~n such r~ht of way,
· AND WHEREAS, th~ plans ~or tim ~id consmlefion, reeonslmcfion or other changes to
m~de, as above described, have ~een reviewed ~y th~ DEg~TM~NT ~d ~e CITY,
deser~ed utiUty relocation to hereinafter be desi~ated ~ "~eloeafion Work ,"
NOW,'TI1EREFORE, in confidcralion of th~ mutu~ coven~ts hereinafter cont~ned, it is a~eed
b~ thc parties as follows:
,
-1. - ']'hc GITY agrees Io make or cause lo be nladc all arrallgclllcnlsfor ncccasary adjuslmcn[ or
~=~=v:~;.?-: ~hanR~s-of ils facililics where Iocalcd on iml)lic i)ropc, rly al CITY'S own CXl)CnSC and in accord:moo
__ willF llie provisions of RUle 014-46.01 "Ulilily Accommodalion Guidg,' Florida Adlninistralive Code,
datcff~May 4, 1970; any SUpldcmcuts~ or revisions lhcrc.~f as of lhe dale of lhis Agrcemcnl, which, by
refere~ce hcrclo, are m:,le a parl of lifts A~rcemcnl; and Iht plans, designs and spccificalions of lhc
I)I~I AI,.I MEN J for thc consh'uclh)n or rcco.~lruclion of said porli6n of Ihe Slale Iiighway S~slem,
prior- lo the advertising for bid on said projcel. The CITY f. rlhe~ ogrees !o do all of such workwilh ils .
own forces or hy a 'conlraclor paid under a contract let b), the CITY, all under lhe direction of
DEPA RTM ENT'S engineer.
2. The CITY furlher agrees that said adjustmeni~, changes or relocation of faci]ilies x~ll be
made by the CITY with sufficicnl promptnc, ss so as to cause no delay 1o lhe DEPARTMENT or its con-
traclor in Ihe prosccUlion of ~uch conslruction or reconslruction work; provided, however, that the
GITY shall not be responsible for delay hcyond its conlrol~ and Ihal such "Relocation We,rE' will be
done under lhe direclion of lhe DE}'AI~TMENT'S engineer; and lhe CITY further ~grces that in '~he
event the changes, adjustments or relocation of ~uch facilities or ulililies are done ~imultaneously wilh
Jhe conslruction project, tbaL it will be directly responsible for handling of any legal claims that the
contraclor ~nay iniliate due to delays caused by the CITY'S negligence; and 1hat the CITY will not
~itber proceed with lbo "l~elocation Work" wiLh its own forces or ~dverti~ or let a contract for meh
work until it has received the DEPAI~TMENT'S written aull~ofity to proceed.
3. The CITY further a~ees that it will maintain and keep in repair, or eau~ lo be ma~tMned
and kept in repair, all of such adjusted, changed or relocated CITY owned or operated facilities or
utilities within the right of way of said portion of tho State Ilighway System; and to com~Iy x~dth aH
provisions of lhe law, including Rule 01~-46.01.
~.' The DEPARTMENT ~ees to fur~ish ~he CITY with dl necessary h~hway construction
'plans that are requ~ed by the CITY to facilitate the CITY'S "Relocation Work."
5. The DEPARTMENT furtlier ,~rc~s lhat the CITY may relocate its facilities upon theState's
right of ;cay, according to thc terms of thc standard permit required by the State Statutes for occu-
pancy of public rights of ;va)', and all published regulations lawfully adopted by the DEPARTMENT
as of the; date of lhis Agreement.
6. :It is mutually a~ced that thc CITY'S plans, maps or skelchcs showing any such facilities
· or utilities to be adjusted, changed, or relocated arc made a part hcrcof by rcfcrcuce.
7. The CITY further agrccs to indemnify, defend, and save harmless and exonerate the
DEPARTMENT of and from all liability, claims, and dcmands for contractual liability rising out of thc
work undcrlakcn by Ibc CITY, ils cmployces, agcnls, rcprcscntativcs, or its subcontractors duc in
~1'5 Of ,
whole, or i. parl, lo tonal,lira,s, aclio,s, or omissio,m done or commillcd by the CITY; or its
subc. onlraclors, ils employees, agcnls, rcl,rc::cnlalivcs.-or ils mbco,lraclors. Il is q,ccifh:all¥
umlcrsh.,od ami agreed II,al lhN i,,dcm,,ificalion, agreement does'not cover nor /mlcmnify the
DEI'AIUI'MENT for its own ncgligem:c or breach of fi,is coulract.
· IN WI'FNESS WIIEREOF, thc parties hereto have caused this inslrumcnt to be dul3' executed, thc
day and ),car first above written.. ~
STATE OF FLORIDA
WITNESSES:' DEPAI1.TMENT OF TRANSPOP~TATION
BY:
,; Director of Administration
ATTEST: (SEAL)
As to the DEPARTMENT Executive S~:reUay
CITY OF nU.~h¥ g~nUt-1 , FLORIDA
BY:
· (Title, ,, )
ATTEST: (SEAL)
As to CITY
Approved as to For,,,, l.cgalily and Execu6{m.
STATE OF FI.ORII)A I)I'~i'AIITMI.;NT OF TIU%NSI'OIUI'ATION ' ·
As.dslant A I Iorm:y ..
150g
UTILi'fY/II/~ILIIOAD
',;CI
IEDULE
u,',~,rv,o,,-o. S E S . Palm Beach
0501 . . ]Zth t 2 260]
CI17 OF DELRAY DEACll '.
I"ncilili':sl'~"°lv'::d- I)(!~-'l_ai-L).i. WATER HAINS-(1) Existing firh hydrant on 6" water main
located on south side of S.E. 12th SI:., between Federal Hwy. & Old Dixie Iq.lq
(2) E>~isting 12" water main on east side of Federal Hwy. (3) Add 6" water ma
on west Federal llwy., for Delray Mall, Third Section. (4) 4" water main on
Del llaven Drive. SANITARY SEWERS-(1) Readjust. manhole rim & covers on sanita
sewers north side of S.E. 12th St.bet~¢een Old Fed. Hwy.& on A-1-A (2)Eevise
) ,. .',. .
l~(:loca~on Work ~l(icipaCc. d ([)asc[lo,~}: 'WATER HAINS-(1)Relocate ExistinE F.H
-<~' W' M '-(=3~lnDEall ~'T W.M. across S.E. 12th St.R/W for future Delrny Mal].addJ'
ion(&)Rcmove 29 LF 4" water main & stand pipe on Del Haven Dr.&install blowoff at end of
,ipe. SANIT~{Y SEWEES-(])Readjust manhole rim & cove~.s to match construction.Erades for 5
~oles(2)Remove 6" San. Sewer laterals & plus 3 locations on Del Haven Dr. & A~i-A.
I
. ITEM . ' . . . ' - .:
WOR~G
DAYS
R~QUIIlED
....... :, _ ........ ']l:.:.[
'l ~]a{crial Procurement, . lO ,
'l ContracL ~'e~oliations (for utility/railroad ~ork) ' 30 .
i'~Mnic~°n (actu~ ui~ih'/r,~Jlroad relocation time) ' 30 :
.! '" .....'" .-'":"
"l " '-:;.'.' .. ' ' " orAL
'l" ADJUSTED UTILITY/RAtLP~OA9 RELOCAFION PERIOD -,
[ (Allo~v for concurrent activities) . . ~ays
Storm drain S-19 should be-shifted N. due to inLerfer.enceuith existing 6'" 8.S.a~ici lateI'
Also check 8-16.. PoSsibly it ~,ill have to shifted to the S; M.H. ~mTa"Cover~ shall be
adjusted in the field after construction is completed to insur~ proper alignment. ~11 ophe~
work uill .be completed before highway contract advertisement.or the beginning of construc-
tion.
This AGENCY proposes to commence acb~al relocation and/or adjustment '-
~or=: (Check one)
U pno[ to mgnx~ay contract adverHsemen~, and relocation should b~ 85
/o.comp!ete By date of
precqnstmction conference. . ..
~ concurrently xiith projec~ advertisement. · ' .: : .' ,' . :.. · ,
~ colmurrently x~ith commencement o[h~gh~vay constalc~on. '-'"/: ~ ' ' .-
aboye data i~ based on cmistruction plans and schedules prepared by the DEPARTMENT, and, therefore,
nished For inFurmatiomfl purposes only. This AGENCY is not responsible For circumstances 4eyond its
~tr( }lowever, tI~e AGENCN ~vlll c,deavor to fully cooperate x~d~,the DEPARTBIENT, and its Contractor
trir the ~,'oject right of way as cxpe,litiou~ly as po~i'bl6.' --~ .~::.)/:> . . . . . , in
'S 15]ITTED FOr[ TIlE ACENCY BY:.,-~--."~~4<O~:~'55- ~"" Date- 5125176
~ggi'gtant~to the City Engineer
DEPART31ENTAL APPROVAL BY: Dat~:
.. District Utility gn~n~r ..
2 ·
15~h
%
WATER MAINS &
SANITARY S EWEI,,S
.-' $.W. 12Tl! STR'EET
ESTIHATE FOR UTILITY ALTERATIONS '
(1) Lower existing 12" uater'main 180; LF $ '20/LF. ~ $3,600
(2) Furnish & install 12" box for .'
existing 12" gate valve "1 Unit.' 200 ':' 200
(3) ~ ...... & s~ ..... existing, fire --
hydrant assembly 1 Unit 200 = 0
(4) Install salvaged fire hydrant ..
assembly 1 Unit 300 .." 0
(5) Furnish & install 6" D.I.P. 155 LF 15 ...; = 2,L~5
(6) Furnish & install 6" x 6" tap-
ping sleeve 1 Unit 300 = '300
(7) Furnish & install 6" tapping
-~ waive & box .. 1 Unit 400 --' 400
(8) Remove existing 4" water maifi '29 .LF 2 =. 58
(9) Remove existing blowoff (stand ..
· pipe) 1 Unit :100 " =-'- 160
6 '
O) Cut existing 4" wat. er hydrant .. 1 Unit 75 := 75
(!1) ~urnish & install 4"x2" reducer 1 Unit 150 .. = '' i50
'~!2) Furnish & install 2" blowoff . 1 Unit 150 = 150
· '~n~_{!~AKY' SE!~ERS ' -: - ·
(i) Adjust manhole -.' //"' 5 Units 200 = 1;000
(2). Remove existing 6" laterals ,' ' 157 .LF · 2 ;. '='." 314
(3) Plus existing 6" sanitary, sewer -'
laterals .- "' . ".-.3-Units .' 150 .. '' = 450
WAT'~R i~IAINS &' S~NITARY SEWERS TOT~'~ $9;622.00
: ~0% Engineering Cost & ere ........................... -. 1.,. 24.40
'- " TOTAl' '.$11,546.40
i
RESOLUTION NO. 34-76
A RESOLUTION OF THE CITY COUI~CIL OF THE CITY
OF .DELRAY BEACH, FLORIDA, AU%~{ORIZING, EXECUTION
OF A HIGIB~AY LIGItTING AGREE~ENT. FOR T~-~ ADJUSTMENT,
RELOCATION AND/OR INSTALLATION OF A CERTAIN LIGHT-
ING SYSTEM WITtlIN RS{E RIGHT-OF-WAY LIMITS HEREAFTER
DESCRIBED BE'59EEN THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION AND ~-IE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the State of Florida Department of Transportation has
located and proposes to construct or reconstruct a part of the Highway
Lighting System located on State Road S. E. 12th Street; and,
~PIEREAS, the State of Florida Department of Transportation having
requested the City of Delray Beach, Florida, to execute and deliver to the
State of Florida Department of Transportation a Joint Project Agreement
for Highway Lighting, providing for joint responsibilities of the
Department and the City, and said request having been duly considered,
NOW, THEREFORE, BE IT RESOLVED By THE CiTY COUNCIL OF TIIE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the city CQuncil of the City of Delray Beach,
Florida, concurs in the provisions of that certain agreement attached
hereto, pertaining to the adjustment, relocation and/or installation
of a certain lighting system within the right-of-way limits described
in Exhibit "A" to that agreement.'
Section 2. Tl~at the City Council .of the City of D&lray Beach,
Florida, authoriZes the said agreement to be executed by a legally
designated officer of this Public Body.
Section 3. That a certified copy of this Resolution be forwarded
to the State of Florida Department of Transportation at Tallahassee,
Florida.
PASSED AND ADOPTED in regular session on this the 14th day of
J~ne, 1976. ~
ATTEST:
//ity Clerk '"
,~,:, o,,, JOINT i'IIOJECT AGIIEEMENT ....
(Municipal)
COttftTY ltl;eTlON UTILITY JOl~ NO, STAT[: IIOAD NO, COUIJTY liAMI: PRIICEL & II/W JOU
93 521 6601 S.E. 12th Street Palm Beach 2 2601
Tills AGILEI']I~II~iN'I', madc. and entered into this day
of 2 ],~7 ,' by and bctwcc,, Iht STATI'; Of"
FI,OKII)A I)I';I'AIUI'MI';NT 01" 'FI{AN~I'OI{I'AI ION, hcrt)i0aflcr referred Io ~is Ibc DEI)AIUI'MENT,
and thc CITY OF . .D~LRAY B~Clt ' , a municipal corl)oralion, hcrcinaftcr
· referred to as thc CITY. . , -
WITN ESSETI I:
WIIEREAS, the CITY by R.csolution adopted on , has
requested the DEPAI~TMENT to purchase and install a Highway Ligbling Svslcm on that portion of
State Road No. __q357_1-_,_660l desCribed a~ S.E. l-2th 'Street
, From Di xi e Hi g "J]kaLv~o A,1-A ,'
· in Palm Beach Counly, Florida,
· AND WIfEREAS, the DEPARTiMENT is constructing, reconstructing or otherwise changing a
portion of the lighting system designated by the DEPAI~FIIENT as Job
No. 93521-3601 ,Road No. S."E. 12th Street between
Dixie Highway and A-1-A , which shall call for the adjustment,
relocation and/or installa'tlon of Highway Lighting facilities along said highway,
AND.WHEREAS, the DEPAI~TMENT and the CITY have determined that it would be to the
'b~st interest of tim general public and to the economic advantage of both-parties to enter into a
JOINT PROJECT providing for such work, , '
NOW, TItEREFOI1,E, the premises donsidered, and in consideration of the sum of One Dollar
each to tile oilier in hand paid, thc receipt whereof is hereby ac ~knowledged, and in further'considera-
tion of the mutual covenants hereinafter contained, it is agreed by the parties as follows:
i. The DEPAP~TMENT a~'ees to prepare plans at.~d specifications for the .work involved, and
advertise for bids for the equipment and materials. The decision as to the type and make of equipment
purchased will be the. DEPAR, FMENT .S sole responsibility.
2. All of the work on the lighting system is to be done according to the plans and
speeificalions of the DEPARTMENT which plans and specifications are, by reference'hereto, ~nade a
part hereof. The DEPAI{TMENT will be responsible for performing the completed installation.
3. The DEPAP~TMENT will pro~qde .the necessary engineering supervision to assure
construction is in compliance with tile plans and specifications hereinabove referred to, and will
perform the final inspection of the c0mplcicd project.
4. The' CITY agrccs (hat tl{c cquitmmnt of tim liglding system shall remain thc property Of tile
DEPAI{.I MkNT, and i! is hereby undcrstoo(1 and agreed ~hat Ihe CITY shall not, under any condition,
-remove tim cquilm~Cnl which is thc s,,lticct re;tire,' of this Agrccmcnt for any reason without
permission and written consent.of the DEPAII. TMENT.
l:50k
5. Th:: CITY f:.'lhcr ;:g:'cc,~ i,l..i :'-ml,h'li-:: (ti' Ih,' i:isl.ll.li:.:, I. :~.i:ic s-lc rcsl.m~ibilily
for Iht llla[lllcfl;:ilc:: of s:Ibl li::hli.;'. ~?;Icni hi :i,'c(;rd.llcc wilh Iht l)kl Al[ l MI'.N I S l)(,li::~0~
Slalld;ll'd ~l.:cil'i::.li.l:~ fi,,' JligJiway
6. Thc CITY fi.'llwr ~,~,'cc~ lo l,c ~c~p.,,~il,le ~,,~ Ibc i,aymcnl of all c.A fi, r clcclrical
7. Thc CITY herc. l~y a~rccs to i~dcmnify, dcfi:~d, save, and hold harmless thc DEI~AII. TMI'~NT
to thc l.':::,ch of this ~[l'(R:lll(]ll[ l}y [[:g (][T~', ils {:'q',:[~ . or Cml:h.:vccs,.. or duc to any act or occurrence
of omission or c.::::.i~si.i: of' Iht CITY, ils age,:is (l ]:' employees. Il is Sl)ecifie::lly :,,~dcrstood alld agreed
that ll:i~ i.dcm.ificati.n al~r(:cliicn{ d:)cs .or cover or i::dcmnify the .IJEI'AI{'I'MENT for ils
ncgligc,iec or breach .f COIIII'aC[.
8. All services and work under the co:~sh'uction contract shall bc performed to thc shiisfacfion of ..
the DEl Alii MkN F S I)irccior of Road Opcralions, a.d he shall dccidc all questions, difficullics and
dispules of whatever nat~u'c, which may arise under or by reason of such contract for highway lighling;
the prosecutiotl and fulfillment of Ibc services thcrct~ndcr, and lite character, quality, a:hount, and value
thereof; and his decision tq~on all claims, questions, and disputes thereunder shall be final and conclusive
upon 1.he parlics hereto.
· IN \Xq'I?NESS WI1EILEOF, the parties hereto have ca.sed t}~is instrument to be duly executed, the
d~y and ),car first above written..
STATE OF FLOR 1 DA -
WITNESSES:. DEl A1LFMEN'I OF FRAN>POk FATION
BY:
Director of Administration
/
.~s to the D~:V^i;'r,~ENT ATTEST: (SEAL)
Executive Secretary
CITY OF DELRAY BEACH ,FLORIDA
ATTEST: .(SEAL)
As to thc CITY
AIq)roved as lo Form, l,egalily and F, xeculion ' i'
STATE OF I~'LORIDA DEI'AI{TMENT OF TIi. ANSPOI{TATION
BY:
ORDINANCE NO. 16-76
AN ORDINANCE OF THE CITY COUNCIL OF-THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED SC SPECIALIZED 'CO~'4~.IERCIAL
DISTRICT IN l~q-15 MULTIPLE FT~4ILY DWELLING
DISTRICT, A>~ AREA LOCATED EAST OF THE INTRA-
COASTAL WATERWAY, NORTH OF N.E. 8TH STREET,
WEST OF ANDREWS AVENUE AND SOUTH OF PELICAN
LANE, SAID LANDS BEING IN SECTION 9, TOWY~SHIP
46 SOUTH, RDJqGE 43 EAST, AS RECORDED IN PLAT
BOOK 8, PAGE 40, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AND ~ENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1976".
WHEREAS, the Planning and Zoning Board has recommended rezoning and
placing land presently zoned SC Specialized Commercial District in RM-15
Multiple Family Dwelling District; and,
WHEREAS, the City Administration concurs in said recommendation;
and,
WHEREAS, the City Council O'f the City of Delray Beach, Florida,
has determined that such change should be made,
NOW, THEREFORE, BE IT 'ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described proper-ty in the City of
Delray Beach, Florida, is hereby r~zoned and placed in the P~4-15 Multiple
Fam'ily Dwelling District as defined by Chapter 29 of the Code of Ordinances
of the City of Delray Beach, Florida, to-wit:
PARCEL I.
A parcel of land in Section 9, Township 46 South,. Range
43 East, Palm Beach County, Florida, more particularly
described as follows:
BEGINNING at the Northeast corner of Lot 30 of Model Land
Company's Subdivision of said Section 9 according to the
· Plat thereof recorded in Plat Book 8, page 40, public
records of Palm Beach County, Florida; thence Westerly
along the North line of Lots 30 and 31 of said Model Land
Company's Subdivision, a distance of 534.59 feet, more or
less, to the Northwest corner of land conveyed by William
~ Christenson and wife to br. Robert E. Raborn by deed
recorded in Official Record Book 655, page 418, public -
records of Palm Beach County, Florida; thence Southerly
making an. angle with the preceding course, measured
from East to South of 76° 16' and along the West line of
land of said Raborn, a distance of 189.28 feet, more or
less, to a point in 'the Northerly right of way line Of
Northeast 8th Street, being the arc .of a curve concave
to 'the North and having a radius of 996.45~ feet; ~thence
Easterly along the arc.of said curv~ and along said
Northerly' right of way line, a distance of 250.0 feet,
more or less, to a p~int of reverse curvature~ thence
Easterly along the arc of a curve concave to the South
and having a radius of 1145.96 feet and along said
Northerly right of way ~ine, a distance of 272 65 feet
.
to a point in tile East li~e of said Lot 30; thence
Northerly ~long the East line of sa~d Lot 30, a distance
of 2.57 feet to the Point of Beginning.
PARCEL II
A certain parcel of land in Section 9, Township 46
South, Range 43 East, Palm Beack County, Florida, and
being more particularly described as. follows:
Commencing at the intersection of th6 North line of
Tracts 30 and 31 as shown on a plat entitled Model Land -
Company's Subdivision of Section 9, Township 46 South,
· . Range 43 East, as recorded in Plat Book 8, page 40,
public records of Palm Beach County, Florida,· and the'
West right of way line of Andrews Avenue, so called,
said point b,:ing also the Northeast corner of said
Tract 30; thence Westerly along the said North line of
Tract 30, a distance of 534.59 feet to a point in a
concrete monument, said point being the point of
beginning of the herein described premises; thence
Southerly making an angle with the preceding course,
measured East to South, of 76°03'15",. and along the
Easterly line of the land herein described, a distance
of 189.30 feet more or less to a point in the Northerly
· right of way line of Northeast Eighth.Street; thence
Westerly along said Northerly right of way line, being
the arc of a curve concave to the North and having a
radius of 996.45 feet, said radius line making an
angle withothe said Northerly line of Tracts 30 and 31,
measured from East to South, of .77o03'04'', a distance of
55.06 feet; thence Northerly on a line parallel with
and 55.00 feet from (measured at right angles to) the
Easterly line of the herein described premises, a distance
of 200.47 feet, more or less, to-a point in the said
North line of Tracts 30 and 31; thence Easterly along
the said North line of Tracts 30 and 31 a distance of -'
'56.67 feet to the Point of Beginning.
'TOGETHER with the buildings and improvements located
'thereon.
Section 2.' That the 'Planning Directors of said City shall; upon
the effective date of this Ordinance, change the Zoning Map of Delray Beach,
Florida, to conform with the provisions of Section 1 hereof.
PASSED AND ADOPTED in regular session on second and final reading
on this the 14th day of June. , 1976.
ATTEST:
~ City Clerk
First Reading May 10, 1976
Second Reading June 14~ 1976
Ord. No. 1~-76
ORDINANCE NO. 17-76
AN ORDINANCE OF THE CITY COUNCIL OF T'I'~ CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE II,
CHAPTER 18, OF TI{~ CODE OF .ORDINANCES OF T~E
CITY OF DELRAY BEACH BY AMENDING SECTION 18-21
BY LETTERING THE FIRST PA~AGF~APH (a), ADDING
ADDITIONAL WORDING AND BY THE ADDITION OF A
NEW PARAGRAPH (b); A~NDING SECTION 18-22 AND
SECTIC~ 18-26 BY REMOVING ALL FEFERENCES IN
SAID ORDINANCE TO TAX COLLECTOR AND IlqSERTING
IN PLACE 15~EREOF THE WORDS "BUILDING DEPARTMENT";
REPEALING SECTION 18-25 OF SAID ORDIAU%NCE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
? NOW, THEREFORE, BE IT ORDAINED BY T}LE CITY COUNCIL OF THE CITY
!ii OF BEAC , F IDA, AS FOL ,OWS:
I! SECTION 1. That Section 18-21 shall be amended to read as follows
..(a). tt shall be .unlawful' for any person in his own
name or on behalf of another person, company
or organization to solicit funds or contributions
for a charity or purported charity or to solicit
a Sale of merchandise or service when such
solicitation of a sale is to a place of residence as
oppQs, e.d to a place of business by use of the telephone
without having first obtained a telephone solicitor's
license as required by this chapter and Chapter 16
of this Code.
(D)' Any person,company or organizatign engaging in
chmritable or purported charitable teleohone
solicitation shall also compl~ %,~ith the provisions
of Article III, Chapter 18 entitled "Charitable
Solicitations."
SECTION 2. That Section 18-22 shall be amended t° read as follows
Applicants for te'lephone solicitation license
shall file with the ~-ee~ee~ Building
Department. an application upon forms prescribed
and furnished by the ~-e~ee~e~ ~uildinq
Department, approved by the city council on
June 8th, 1964.*
SECTION 3. That Section 18-25 of said Article II, Chapter~ 18
of the Code of Ordinances of .the City of Delray Beach is hereby repealed.
SECTION 4. That Section 18-26 shall be amended to read as follows~
(a) Maintained by ~-ee~ee~ Building Department;
furnished to licensee. The 9aM-es~ee~8~ Building
~epartment shall maintain a list of persons who do no't
wish to receive telephone solicitation messages. Person~
desiring to have their names placed on such list must
come to the office of the ~a~-e~eeg~ Buildinq
~epartment and sign a register maintained by the
~a~-e~ee~8~ Building Dqpartment for such purpose.
A current copy of such list shall be furnished each
licensee at the time his telephone solicitor's
license is issued and the ~-ee~eeee~ Building.
~.epartment, as names are added to such list or
removed therefrom, shall notify all licensed
telephone solicitors, by mail, of such new names
added to the list or names removed therefrom.
SECTION 5. That should any section or provision of this o~dinance
or any portion thereof, any paragraph, sentence or word be declared by a
· court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof asa whole or part thereof
other than the part declared to be invalid.
SECTION 6. That this ordinanQe shall become effective upon
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 14th day of June , 1976.
ATTE S T:
~ity Clerk
First Reading May. 10~ 1976
Second Reading June 14, 197.6
-2- Ord. No. 17-76
ORDINANCE NO. 20-76
AN oRDINANCE OF THE CITY COUNCIL OF TItE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CI{APTER 2'9 "ZONING" OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS
AMENDED, BY CHANGING THE SETBACK REQUIREMENTS FOR THE
R-1AAA-B SINGLE FAMILY DWELLING DISTRICT, SECTION
29-5(F) (1) (2); PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the-Planning and Zoning Board has recommended that
Section 29-5(F)(1)(2) be amended by changing the setback requirements
for the R-1AAA-B Single Family Dwelling District; and,
WHEREAS, the City Administration concurs in said recommendation;
and,
Wq{EREAS, the City Council of the City of Delray Beach, Florida'i
concurs in recommendation,
NOW, THEREFORE, BE IT ORDAINED BY· THE CITY COUNCIL OF THE CITY OF
DELP0~Y BEACH, 'FLORIDA, AS FOLLOWS:
Section 1. That Section 29-5(F)(1)(2) be amended to read as
follows:
(2) R-1AAA-B. 35 ft. ~-~t~ 12 ft. ~-~t~ 17 ft. ~-~ 12 ft.
Sect'ion 2. If any section, ~ubsection, sentence, clause, phrase,
or portion of this ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
. Section 3. That this ordinance shall become effective when passed
and adopted on second and final reading.
PASSED AND ADOPTED in ·regular session on second and final reading
on this the 14th day of June , 1976.
ATTEST:
~/ CITY CLERK
First Reading May 24, ]~976 ._
Second Reading_ June ].4, ].976
'
ORDINZ~qCE NO. 21-76
AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF DELRAY
BEACH PURSUANT TO SECTION 163.3174 OF TIlE LOCAL GOVEP~q-
MENT COMPREItENSIVE PLZM~NING ACT 'OF 1975 DESIGNATING THE
DELRAY BEACIt PLAi~i-IING AND ZONING BOARD .AS "THE LOCAL
PLANNING AGENCY"·
WHEREAS, tLe Local Government Comprehensive Planning Act of 1975
quires the designafilon of a Local Planning Agency to prepare and recommend
e Comprehensive Plan required by said act; and,
WHEREAS, it is the opinion of the City Council of the City of
Delray Beach that the appropriate agency within the City to carry out the
functions of the "Local Planning Agency" is the Planning and Zoning Board
of the City of Delray Beach,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That pursuant to Section 163.3174 of the Local Govern-
ment Comprehensive Planning Act of 1975 the Planning and Zoning Board of the
City of Delray Beach is hereby designated to perform the duties of the "Loca
Planning Agency" as set forth in said act.
SECTION 2. That this Ordinance shall become effective on second
and final reading. .
PASSED AND ADOPTED in regular session on second and final reading
on this the 14th day of June , 1976.
ATTEST
City Clerk
First Reading. ~ay. 24,. 19~6.. .
Second Reading' June 14~ 1976 _
150r
RESOLUTION NO. 31-76
A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF DELRAY
· BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT
TO.FURNISH ALL MATERIALS AND LABOR. TO CONSTRUCT A
BICYCLE PATH FROM EVE STREET TO DELRAY MALL ENTRANCE
AT STATE ROAD NO. 5, SIX FEET (6') WIDE, FOUR INCHES
(4") THICK LIME ROCK BASE, AND ONE INCH '(1") ASPHALT
!
SURFACE, AS SHOWN ON DRAWING NO. 1-23-76DB.
WHEREAS, it is the recommendation of the City Manager tha{ the Council,.
acting by authority of provision of Section 78 of the City's Charter, award
a contract to furnish all materials and labor to construct a bicycle path
from Eve Street to Delray Mall Entrance at State Road No. 5, six feet (6')
wide, four inches (4") thick lime rock base, and one inch (1') asphalt sur-
face as shown on Drawing No. 1-23-76DB.
WHEREAS, of the three quotations requested, three were submitted in the
amounts of:
· Carr Soil & Sod-Driveways ~ $2,555.00
Delray Beach, Florida
-Hardrives of Delray Inc. $3,785.00
Delray Beach, Florida
Oneman Engineering $4,380.00
Delray Beach, Florida
WHEREAS, the City Engineering O~fi~ certifies the lowest quoted price
to be'reasonable and the City Manager recommends that the City of Delray
Beach enter into a contract with Carr Soil & Sod-Driveways of De!rsy Beach to
furnish all materials and labor to construct a bicycle path from Eve Street
.~o Delray Mall Entrance at State Road No. 5, six feet (6') wide, four inches
(4") thick lime rock base, and one iDch (1") asphalt surface, as shown on
Drawing No. 1-23-76DB.
WHEREAS, it is the CounCil's opinion that the award of this contract
would be in the best interest of the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That said contract to furnish all materials and labor to
construct a bicycle path from Eve Street to Delray Mall Entrance at State
Road No. 5, six feet (6') wide,.four inches (4") thick lime rock base, and
one inch (1") asphalt surface, as shown on Drawing No. 1-23-76DB, be awarded
to Car~ Soil & Sod-Driveways, Delray Beach, Florida, in the amount of
$2,555.00.
SECTION 2. That this improvement shall be funded with money from the
Federal Revenue Sharing Fund.
PASSED AND ADOPTED in r~gular session on this the 14th day
of June , 1976.
ATTEST:
City Clerk