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10-27-75 201 OCTOBER 27, 1975. A regular meeting' of the City C,:)uncil of the City of Delray Beach, FloTcida, was held in the Counci.[E Chamb~rs at 7:30 P.M., Momday, October 27, 1975, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Ron I. Sanson, IV, present. 1. The opening prayer was delivered by Rev. William Roughton of {~e Cason United Methodist Church of 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 October 13, 1975 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Gent. 4.a. Mr. Sanson asked the City Manager and the Police Chief for an explanation as to why prostitution has to be as blatant as it is on the City streets. He stated he was propositioned by three prostitutes standing on a street corner one block from the Police Station. The City Manager stated this problem is a continuing one and the Police Department is active in combating it. 4.b. Mr. Sanson questioned whether or not the site plans on file that have not yet expired could be taken to workshop. The City Manager replied this matter is scheduled for workshop. 5.a. Mr. Mike Considine, 917 South Drive Terrace, High Point, asked the status of the traffic light to be installed at the entrance to High Point. Mayor Scheifley stated he had met with representatives from High Point; as a result of ~his meeting, a plan has been formulated to attempt to have the light installed as soon as possible. 5.b. Mr. Dick Brannan, 824 Forsythe Street, Boca Raton, an agent for Fountain Square co~nercial building, complained about the increased costs for garbage and trash Fickup. Mayor Scheifley explained the City had. raised their rates to be comparable with other cities in the area. He stated Mr. Brannan would receive a response from the City Manager. 6.a. The City Manager presented Resolution No. 52-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CONSENTING TO THE ASSIGN- MENT OF THE DELRAY BEACH POLICE BENEVOLENT ASSOCIA- TION, INCORPORATED, LEASE AS COLLATERAL FOR A LOAN TO SAID ASSOCIATION, (Copy of Resolution No. 52-75 is attached to the official copy of these minutes.) The City Manager stated this resolution concerns a request by the Police Benevolent Association for the City to agree to take this action that would permit the use of the lease on the City-owned PBA property as collateral in the instance of the PBA securing a loan in the amount of $20,000 for improvements on the property. The City Attorney stated the mortgage wou].d encumber the lease which the PBA has on the property. The City will not be responsible for any amount in this matter. The City Attorney stated the resolution should be approved subject to the Sun First National Bank agreeing that in the event foreclosure is necessary that they will not make any physical changes in the property without 'the approval of the City of Delray Beach. The resolution should be amended to this effect. The property is in the County. 7Ers. !~rivos moved for the passage of Resolution No. 52-75 with an amendment to the resolution in case of a default of mortgage by the PBA that the Sun First National Bank would hold the City harmless, and to the effect that no material changes would be made without the consent of the City of Delray Beach, seconded by Mr. Sanson. Upon roil call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 6.b. The City Manager reported Mr. Art Sprott has provided an up- date of the appraisal of the games H. Cross property located at the southeast corner of S.E. ].st~'-.~hr~ets~ and S.E. 2nd Avenue required in connection with the planned opening of a Florida East Coast railroad crossing at S.E. 1st Street. The current appraisal is $60,700. Council informally agreed at the October 14th workshop raeeting that the City Manager should offer %.he owner $60,500 for the property, said amount having been discussed at the September 29th Council meeting. The owner is willing to accept $60,500 for the property. It is recon~ended that Council authorize such action by motion with the funds to come from the $600,000 Street and Sidewalk Improvement Bond Issue. Mr. Gent moved to accept the offer of $60,500 for the property of Mr. Cross with funds to come from the $600,000 Street and Sidewalk. Bond Issue, seconded by Mrs. Krivos, said motion passing unanimously 7.a. City Manager Mario'tt recommended that the final payment in the amount of $31,074.'94 for the storm drainage improvement project on Lowry, Andrews, Thomas and Vista Del Mar streets be accepted as approved, subject to the release of liens from supplies and subcontractors. The payment would be withheld until those satisfactions are obtained. The original contract price was $228,013. Two change orders authorized by Council totaled $36,953 brought the contract price to a total of $264,966. Due to additional quantities that were required, the final contract price came to a total of $269,169.38, all of which has been paid with the exception of $31,074.94. Mr. Sanson moved for final pay- ment to be made to the James A. Porter Company in the amount of $31,074.94 for the completion of the storm drainage improvement project, said payment to be held until satisfactions of liens are secured, seconded by Mr. Randolph, said motion passing unanimously. 7.b. City Manager Mariott reported a petition has been received for annexation, subject to R-1AA (Single FamilY Dwelling) zoning of Lot 34, Lake Shore Estates which is located on the west side of N.W. 2nd Avenue between N.W. 18th Street and N.W. 22nd Street. This zoning is compatible with the surrounding zoning. The applicant is Lewis W. Currier, Jr. it is recommended that Counc~..i. ~nstruct the City Attorney to prepare an ordinance effecting the annexation for Council consideration at its next regular meeting. Mrs. Krivos moved the City Attorney be instructed to prepare an ordinance for the next regular Council meeting annexing Lot 34, Lake Shore Estates, as R-1AA zoning, seconded by Mr. Randolph, said motion passing unanimously. 7.c. Mayor Scheifley acknowledged the minutes of the Beautification Committee for its October 1, 1975 meeting. 7.d. The City Manager reported a request for a gratis license has been received from Mr. William G. Creighton, 273 N.W. 1st Street, Deer- field Beach, to operate a Jolly Joe Ice Cream truck in Delray Beach. The applicant is applying because of 100% disability. Satisfactory evidence per Section 16-4 of the City Code and Section 205.162 of the Florida Statutes having been received, approval is recommended. Mr. Sanson moved for the approval of the gratis license for Mr. William G. Creighton, seconded by Mr. Gent. Upon roll call, Council voted as follows Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Sanson - Mr. Sanson ~uestioned why Mr. Randolph opposed the motion. Mayor Scheifley stated h~ had failed to ask for discussion and reopened the question. Mr. Randolph stated he voted No because of his concern about vendors operating in the streets of Delray Beach after dusk. He stated it is a hazard to children. IIe said he was not opposed to the Jolly Joe Ice Cream business, but rather to the method of vending in general. The City Manager stated he questioned whether or not this was in compliance with the City's Code and was informed it would be in compliance. Mr. Sanson stated he would vote Yes on this requesh, but cuggested the ordi- nance be discussed at a worksllop meeting. The vote was resumed: Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 8.a. The City Manager presented Resolution No. 49-75. A RESOI.UTION OF THE CITY COUNCIL OF THE CITY OF DELRAY ].~EACII, FLORIDA, APPROVING TIIE APPOINTMENT OF COMMi[SS][ONERS OF THE DELRAY BEACH HOUSING AUTIIORITY. (Copy of Resolution No. 49-75 is attached to the official copy of these minutes.) Mayor Scheifley requested ~he City Attorney to explain the technicalities regarding unexpired terms and dates involved. City Attorney Saberson stated the Florida Statute that provides for the crea- tion of the Housing Authority also specifies that appointments to fill vacancies will be only for the unexpired term. Therefore, the unexpired terms are as follows: Dr. Warren Nubern July 14, 1976 Ken Ellingsworth July 14, 1978 Simon C. Barnes July 14, 1977 James J. Ritterbusch July 14, 1978 Mrs. Clarence A. Plume July 14, 1975 Mayor Scheifley stated the original law states the members and the Chairman will be appointed by the Mayor with the approval of Council. The City Attorney has advised the law further states thereafter the committee would appoint its own Chairman. The persons selected to be appointed to the Delray Beach Housing Board are as follows: APPOINTMENT TERM EXPIRES Clifford Durden July 14, 1977 Rev. Semmie Taylor July 14, 1978 Rev. J. W. Thomas October 27, 1979 Ken Ellingsworth July 14, 1978 Dr. Warren Nubern July 14, 1976 The City Attorney advised Mayor Scheifley it was necessary for him to execute the Certificate appointing the above named members; Mayor Scheifley did so. Mr. Gent moved for the adoption of Resolution No. 49-75 appointing the above named members with the expiration dates, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.b. The City Manager presented Resolution No. 50-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING KENNETH JACOBSON FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE PLANNING AND ZONING BOARD. (Copy of Resolution No. 50-75 is attached to the official copy of these minutes.) Mayor Scheifley stated for various reasons it was desirable to simply pass the resolution. Mrs. Krivos moved for the passage of Resolu- tion No. 50-75, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.c. The City Manager presented Resolution No. 51-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNALS MAINTENANCE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPART[~ENT OF TRANS- PORTATION AND THE CITY OF DELRAY BEACH~ FLORIDA. (Copy of Resolution No. 51-75 is attached to the official copy of these minutes.) The City Manager stated the Department of Transportation would install two traffic signals on West Atlantic Avenue and 1-95 and Linton Boulevard and 1-95, and would be maintained by 'the City as provided by this resolution. It is recommended this resolution be adopted. -3- 10-27-75. Mr. Gent moved for the adoption of Resolution No. 51-75, seconded by Mr. Randolph. Mr. Sanson asked if the light at Linton Boule- vard and 1-95 could be kept as a blinking yellow light due to the light traffic flow. The City Msnager stated he would psss the suggestion on to DOT. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley -- Yes. The motion passed with a 5 to 0 vote. 8.d. The City Manager presented Ordinance No. 43-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 29-5.3 "RM-20 MULTIPLE FAMILY DWELLING DISTRICT" OF CHAPTER 29 "ZONING CODE" OF THE CODE OF ORDINANCES - OF THE CITY OF DELRAY BEACH; REPEALING ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. (Copy of Ordinance No. 43-75 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 compl~ance 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. Gent moved for the passage of Ordinance No. 43-75 on second and final reading, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.e. The City Manager presented Ordinance No. 47-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~ENDING SECTION 7(2) (a) OF THE CHARTER OF THE CITY OF DELRAY BEACH AND CREATING AN EXCEPTION TO THE REQUIREMENTS OF SAID SECTION WHEN REAL PROPERTY iS BEING SOLD TO ANOTHER GOVERNMEN?AL AGENCY. The City Manager explained this ordinance is a result of the entering into an agreement, between the cities of Delray Beach and Boynton Beach for the operation of a regional sewer treatment plant. This ordi- nance and Ordinance No. 48-75 are companion ordinances. This ordinance concerns an exception to the requirements when real property is being sold to another governmental agency. The City Manager read the caption of the ordinance. Mr. Randolph moved for the passage of Ordinance No. 47-75 on first reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent'- Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of~5 to 0. 8~f. The City Manager presented Ordinance No. 48-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~.~ENDING SECTION 7(2) (d) OF THE CHARTER OF THE CITY OF DELRAY BEACH AND CREATING AN EXCEPTION TO THE REQUIREMENTS OF SAID SECTION WHEN REAL PROPERTY IS BEING LEASED TO ANOTHER GOVERNMENTAL AGENCY. The City Attorney reported the caption of this ordinance should be expanded to read "OR TO AN ENTITY CREATED UNDER FLORIDA STATUTE, CHAPTER 163". Chapter 163 provides for interlocal agrcements. The City Manager read the caption of the ordinance as amended. Mr. Sanson moved for the passage of Ordinance No. 48-75 as amended, on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.g. The City Manager presented Ordinance No. 49-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CtlAPTER 29 "ZONING" --4-- 10-27-75. 2O5 OF THE CODE OF ORDINANCES OF TIlE CITY OF DELRAY BEACH, AS AMENDED, BY ADDING TO USES PEtLMITTED IN THE CC COMMUNITY CO~.ft~ERC[£AL DISTRICT "TOBACCO SIIOPS, NAUTICAL SUPPLY STORES, A~D TRAVEL AGENCIES"; RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. The City Manager stated this ordinance was recommended by unanimous vote of the Planning and Zoning Board on May 20th; Council agreed at a workshop meeting to consider passage of the ordinance. The City Manager read the caption of the ordinance. Mr. Gent moved for the passage of Ordinance No. 49-75 on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley -- Yes. The motion passed with a vote of 5 to 0. 9.a. The City Manager stated the Planning and Zoning Board at a meeting held on October 21st recommended by unanimous vote that the request for conditional use and site plan approval to allow a "Crisis House" Board and Care Home be granted. The subject property is in Section 17-46-43 and is located at 29-37 West Atlantic Avenue. Mrs. Krivos asked if full approval had been granted by the Health Department. Mr. Teague, from the South County Mental Health Center that operates the Crisis House, spoke to the matter. Mr. Robert Teague, 1440 S.W. 28th Avenue, Boynton Beach, stated the Health Department's approval was received prior to making the repairs to the property. He stated persons would be staying overnight at the Crisis House. He explained this would primarily include people who would need day-to-day assistance who could benefit from quick, professional intervention. This would enable many of these people to go back to their families and jobs without hospitaliza- tion. Mr. Sanson asked where the patients would come from. Mr. Teague stated the South County area would be served from south of Southern Boulevard to Boca Raton; however, the majority would be local patients. Mr. Gent moved for the approval of the conditional use and site plan for Crisis House Board and Care Home, seconded by Mr. Randolph, said motion passing unanimously. 9.b. The City Manager reported the Planning and Zoning Board at a meeting held on October 21st recommended by unanimous vote that the request for conditional use and site plan approval for a law office for Gezelschap and Chapin in Section 9-46-43, located at the northeast corner of the intersection of N.E. 8th Street and Andrews Avenue in the RM-15 (Multiple Family Dwelling) District be granted subject to the City Engineer's recommended changes: 1 - mean seal level elevation should be shown for center lines of Andrews Avenue and N.E. 8th Street and the first floor elevation of the building should be indicated a minimum of 18" higher than the governing street elevation; and 2 - the dry well designed does not give sufficient detail for approval. This should be designed and sealed by a registered engineer. Mr. Sanson asked what the disposition was of the variance request. He was informed it was approved. Mrs. Krivos moved that Council approve the conditional use and site plan approval for law offices for Gazelschap and Chapin in Section 9-46-43, seconded by'Mr. Randolph. Mrs. Krivos accepted the amendment to include "subject to the City Engineer's recommended changes." Mr. Randolph seconded the amendment. The motion passed unanimously. 10. Mr. Randolph moved to pay the City's bills with the express notation in compliance with connotations in Item 7.a. of this meeting's agenda. Mr. Sanson seco~]d~d for purposes of discussion. Mr. Sanson questioned the following bills: City of Lake Worth - $500.00; Delray Beach Playhouse - $500.00; Gezelschap and Chapin - $471.13 and he requested a copy of the bill. The City Manager stated he would check on the City of Lake Worth and Gezelschap and Chapin. The Delray Beach Playhouse is an annual donation from the City since it is a community project. Mr. Sanson amended the motion to pay the bill to Alley, Alley and Blue (sub- mitted in the amount of $10,872.67) in. the amount of $7,827.19 which would be the ba].ance due the firm for work done through the month of June. The City Attorney stated J.t would be appropriate to Withdraw the original motion and remake a motion to consider the bills with the exception of the bill from Alley, Alley and Blue. Mr. Randolph withdrew his motion. --5-- 10-27-75. Mr. Sanson withdrew his second and amendment. Mr. Gent moved to pay the bills with the exception of $3,045.48 to Alley~ Alley and Blue. This would concern Check No. 12348. Mr. Sanson seconded the motion. Mr. Gent amended his motion to approve all bills with the exception of Chec~ No. 12348~ seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. Mr. Randolph stated he wished'~o have the connotation of Item 7.a. in tonight's agenda included in.the motion. The City Attorney stated it would be necessary to remake the motion and take another vote. Mr. Gent moved for the approval of the bills with the exception of Check No. 12348 with the reservations as agreed upon in Item 7.a. of the agenda, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. Mayor Scheifley - asked for consideration of Check No. 12348 payable to Alley, Alley and Blue. ~. Sanson moved to approve the bill less $3,045.48 representing services rendered during the month of July. The motion failed for lack of a second. Mr. Gent moved to table the payment of Check No. 12348 to Alley, Alley and Blue for workshop, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote to 5 to 0. ~. Sanson asked that the workshop session be expanded to include the possibility of an Assistant City Attorney to handle labor problems. Mayor Scheifley asked for the City Attorney's recommendation as to what should be done with the bill under discussion. The City Attorney stated his recommendation is to pay the bill. The following Bills were approved: General Fund . .(Less. C~eck.~12348) ...... $253,232.68 Water and Sewer Fund ............. 31,124.78 Cigarette Tax Fund .............. 11,992.92 Improvement Trust Fund ............ 32,872.56 Federal Revenue Sharing Fund ......... 830.82 The meeting was adjourned at 8:40 P.M. City Clerk APPROVED: / MAYOR -6- 10-27-75. 206A ORDINANCE NO. 43-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 29-5.3 "RM-20 MULTIPLE FAMILY DWELLING DISTRICT" OF CHAPTER 29 "ZONING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; REPEALING ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the Planning and Zoning Board of the City of Delray Beach has recommended that Section 29-5.3 "RM-20 Multiple Family Dwelling District" be repealed; and, WHEREAS, the City Council of the City of Delray Beach, Florida, concurs in said recommendation; and, WHEREAS, the City Administration is in agreement with the recom- mendation proposed, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAy BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 29-5.3, RM-20 Multiple Family Dwelling District, of Chapter 29 "Zoning Code", as amended, is hereby repealed. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of October , 1975. ATTEST: - ~ City Clerk First Reading September 22, 1975 Second Readin9 October 27, 1975 206B RESOLUTION NO. 49-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE APPOINTMENT OF COMMISSIONERS OF THE DELRAY BEACH HOUSING AUTHORITY. WHEREAS, JAMES H. SCHEIFLEY, F~YOR of the city of Delray Beach, Florida, has appointed the following persons as members of the Delray Beach Housing Authority: Clifford Durden Semmie Taylor J. W. Thomas Ken Ellingsworth Warren Nubern NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the appointment of the following persons as Commissioners of the Delray Beach Housing Authority is hereby confirmed and approved. Clifford Durden Semmie Taylor J. W. Thomas Ken Ellingsworth Warren Nubern PASSED AND ADOPTED on this the 27th day of October, 1975. ATTEST: yCity Clerk 206C CERTIFICATE OF APPOINTMENT OF COMMISSIONERS OF THE DELRAY BEACH HOUSING AUTHORITY. WHEREAS, the City Council of the City of Delray Beach, Florida, did, on June 8, 1970, create a Housing Authority pursuant to Florida Statute, Chapter 421; and, WHEREAS, shortly thereafter the Commissioners of said Housing Authority were appointed by the Mayor and confirmed; and, WHEREAS, the Delray Beach Housing Authority had applied for Federal Funds for the construction of a low-income housing project and funds for such housing were not granted; and, WHEREAS, because of the lack of funds and the inability to construct a housing project, the Commissioners of the Delray Beach Housing Authority .resigned; and, WHEREAS, the Council is now desirous of reactivating the Housing Authority created June 8, 1970, and pursuant thereto, it is necessary to appoint Commissioners, NOW, THEREFORE, I, JAMES H. SCHEiFLEY, 'MAYOR of the City of Delray Beach, Florida, pursuant to Florida Statute 421.05, Subsection 1, do hereby appoint the following individuals to serve in the capacity of Commissioners of the Delray Beach Housing Authority: TERM EXPIRES 1. Clifford Durden 7/14/77 2. Semmie Taylor 7/14/78 3. J.W. Thomas 10/27/79 4. Ken Ellingsworth 7/14/78 5. Warren Nubern 7/14/76 IN WITNESS WHEREOF, I have hereunto signed my name as Mayor of the City of Delray Beach, Florida, and caused the official corporate seal of the City of Delray Beach, Florida, to be attached hereto this 27th day of October, 1975. ATTEST: City Clerk 206D RESOLUTION NO. 50-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COM~gENDING KENNETIt JACOBSON FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE PLANNING AND ZONING BOARD. WHEREAS, Kenneth Jacobson was appointed as a member of the Planning and Zoning Board on January 5, 1948; and, WHEREAS, Kenneth Jacobson has served on said Planning and Zoning Board continuously since his appointment, performing the duties as Chairman during the years of 1950, 1951, 1952, 1953, 1964, 1965, 1966, 1967, 1972 and 1973; and, WHEREAS, the term of Kenneth Jacobson's membership on said Board expired on September 28, 1975, with 28 years of faithful and dedicated service to the citizens of Delray Beach, Florida; and, WHEREAS, prior to membership on the Planning and Zoning Board, Mr. Jacobson served as a member of the Citizens Planning Committee, 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 hereby expresses its thanks and sincere appreciation to Kenneth Jacobson for his long and diligent service as Member-~and Chairman of the Planning and Zoning Board~ and wishes him all success in b~s future endeavors~ SECTION 2. That a certified copy of this Resolution be presented to Mr. Kenneth Jacobson. PASSED AND ADOPTED in regular session on this the 27th day of October, 1975. ATTEST: 206E RESOLUTION NO. 51-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING TttE EXECUTION OF THE TRAFFIC SIGNALS MAINTENANCE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach, Florida, deems it in the public interest to maintain and pay electrical costs for the operation of traffic signal or signals described in Exhibit "A" to said agreement, and accordingly to enter into the attached agreement with the State of Florida Department of Transportation, 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, pertain- ing to maintaining a traffic signal installation 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. PASSED AND ADOPTED in regular session on this the 27th day of October, 1975. ATTEST: /~ City Clerk ~206F- SECTION JOB SR OPE,RATIONS COUNTY MUNICIPALITY NO. NO. NO. NO. NAME 9~20-3458 1-95. ". Palm Beach. ' Delray Beach .. .: .... , . F~INTENANCE AGREEMENT ' · TX.IS AGREEMENT, made' and entered into this day .... . _ _ , 19 , by aha between the State of ~qorida Department of Transportatio.n., an Agency of the State of Florida, hereinafter called the "Department" and the CITY OF DETJ,I~,Y,~EAC~ , .. :ICF~REAS, the construction and maintenance of a traffic signal, or signals, ..is necessary for the safe and efficient highway transportation at the location -or locations as described in 'Exhibit "AIiI attached hereto; ~nd - ' '- '--' .W~EREAS, the Public Body, by resolution attached hereto and made a part hereof, has determined that it is in the public,interest for thg Public Body to assu~ the responsibility for maintenance and electrical power costs incurred in the pe ' ' :' .o ration of said s hal installation: -- "" IIOW, THEREFO?~, IHIS I~DENTURE W'ITNESSE'I'H: 1'hat in' consideration of the · premises and the mutual covenants contained herein to be undertaken by the re- i spective parties hereto, the parties and each of them, mutually agree and covenant as f'ol lows: " --_ 1..That ihe traffic signal or signals as described in Exhibit "A", attached hereto and made a part hereof, will be so. designed that the functional design of the installation and its components will be mutually acceptable to the parties hereto, and will be installed under Department supervision, with the actual method of construction and financing determined by the Department's policies, budget, and agreement or agreements which it may have uith this or another governmental' unit relating to the fin:ncino a-.d constructien thereof. 206G 2. That the Public Body shall, upon completion oi~ the installation and acceptance by the parties hereto,'assume the sole-responsibility for the maintenance and continuous operation of said signal installation and the pay- ment for' all costs for electricity and electrical Charges incurred in connection with the operation thereof .... 2. The Public Body shall maintain the signal installation in accordance with Department policies and to a level of maintenance that will provide minimum hazard to movement of traffic. In this regard the Public Body shall record maintenance activities rel-ative to said traffic signal installation to a "De- partment of Transportation Traffic Signal Maintenance Log" or an approved equivalent log. "' .. 4. That 'the equipmen% shall remain the property of.the Department, and it is hereby understood and agreed by the' parties hereto that the Public 'Body may remove any component of the installed equipment for repair but the Public Body shall not, under any condition, permanently remove the main frame of the control unit ~Hthout the express written permission of the Department. --5. "i-~ 'is'expressly'understood and 'agreed by the parties hereto that the ' wiring of the cabinets and the timing of the signals will be such that the traffic will be properly handled at the time of the completion of the installation of the"' signals. Necessary modifications in timing or minor circuity may.'be made by th6 Public Body to accommodate the changing needs of traffic but the Department re- serves the right to examine the equipment at any time, and after due consulta- tion with the parties hereto, specify timing and phasing that will provide a safe and expeditious traffic flow in the stat~ highway system. 6. The Public Body shall not modify the equipnient to provide additional phases or intervals without written permission from the Department. 7. The Public Body hereby agrees to indemnify, defend, save and hold harm- .: 'less the Department for all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of,.or due to the breach of this agreement by the Public Body, its agents or employees, or due to any act or occurrence or omission or commission of the Public Body, its agents or employees. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the Depart~ent[or its ~gents or employees, for its own neglig¢oce or breach of contract. 8. It is mutually agreed that the Department's Director of Road Operations shall decide all questions, difficulties and disputes uf any nature whatsoever 'that may arise under, or by reason of this agreement, the prosecd~ion and ful'~ fillment of the ser'~ices hereunder and the character, quality, amount and V~l,ue thereof; and his decision'6pon all claims, ~uestions and disputes shall be final and conclusive upon the pa~ties hereto. 9. It is understood and agreed by the parties hereto that this agreement shall remain in force du~in~ the life of the originally installed equipment and afiY replacement equipment installed by the mutual consent of. the parties hereto, provided however th~at ~dditional or replacement eqU'~pmen~ purchased and installed Wholly at the.expens~'of the Public Body in accordance with this pro- vision, shall remain the pvope~ty of the Public Body. IN WITNESS WHEREOF, thegarties hereto have caused these presents to be · executed, the day and year first above written. . ..... - .WITNESSES: . STATE OF FLORIDA. :.--. · - ' .~- ' DEPARTHENT OF TRANSPORTATION ."~ BY: Director of Administration BY: (SEAL)· As to the Department Executive Secretary " PUBLIC BODY " BY: ' Title: ATTEST: " '](SEAL) As to the Public Body Appr6ved: . Approved as to form, legality D~rector of Road Operations and execution. (Initials) '- (D~t'6) Assistant A{(orney · MAIIITENANCE AGREEHENT ' TRAFFI ~. 'S'I GNALS ' · " '[his Exhibit "A" forms an i'nte§ral part of th~it certai~ Traffic Signals 14aintenance Agreement between the State of Florida Department of Transportation · and the City of. Delray Bea6h : "... .¥ . .... ... .. .- .' . .': ... . :':. -. '- . .:.. - · - · . . ..'....:'. : -.: .. ?: - , · .~2, ':., - .' :"::-.-..' '_ LOCATION OF TRAFFIC S!GI~AL INSTALLATIONS: . .,. -.- ._STAIE ....'~TfL.AFFi. C '" :_LOCAT/DN:' ... -. .... JOB - .. 'SR OPERATIONS ' :.'...-- . -. ,.. · RO. NO.- NO. ': ' .... 93220-3458 1-9.5 -'1-95 and West Atlantic Boulevard 9~20-3h52 1-95 . ' 1-95 an~ Linton Bo~levar. d % 206J RESOLUTION NO. 52-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELl{AY BEACH, FLORIDA, CONSENTING TO THE ASSIGN- MENT OF THE DELt~AY BEACH POLICE BENEVOLENT ASSOCIATION INCORPORATED, LEASE AS COLLATERAL FOR A LOAN TO SAID ASSOCiLTION. WHEREAS, the DELRAY BEACH POLICE BENEVOLENT ASSOCIATION, INC. is the Lessee under a certain Lease in which the CITY OF DELRAY BEACH, - a municipal corporation in Palm Beach County, Florida, is the Lessor, which Lease is dated May 27, 1969 and recorded on August 27, 1969 in Official Record Book 1746 at pages 410 and 411 of the public records of Palm Beach County, Florida, which lease covers the following des- cribed tract of land in Palm Beach County, Florida: Beginning at a point of intersection of the North right-of-way line of Mission Hill Road as recorded in the subdivision of Chapel Hill in Plat Book 24 at Page 111, and the East right-of-way line of the proposed State Road #9; thence Northeasterly along said right-of-way line a distance of 902 feet more or less to the intersection of said right-of-way line with the West right-of-way line of Lake Worth Drainage District Canal E-4; thence Southeasterly along said West right-of-way line a distance of 580 feet more or less to the intersection of said right-of-way line with a line parallel to and 290 feet Southeasterly and at right angles to the afore- mentioned East right-of-way of State Road #9; thence Southwesterly along said parallel line a distance of 296 feet more or less to where said parallel line intersects the aforementioned North line of Mission Hill Road; thence Westerly along said North line a distance of 308.82 feet to the point of beginning, all land described hereinabove being in Section 5, Township 46 South, Range 43 East, on which property the Lessee wishes to make improvements to the building and grounds; and, WHEREAS, the SUN FIRST NATIONAL BANK OF DELRAY BEACH has agreed to lend to the DELRAY BEACH POLICE BENEVOLENT ASSOCIATION, INC. the sum of TWENTY THOUSAND ($20,000.00) Dollars if such loan can be adequately secured by a collateral assignment of said Lease; and, WHEREAS, the DELRAY BEACH POLICE BENEVOLENT ASSOCIATION, INC. has requested the CITY COUNCIL of the CITY OF DELRAY BEACH to release certain of its rights under said Lease in order to induce the SUN FIRST NATIONAL BANK OF DELRAY BEACH to make such loan; and, WHEREAS, the CITY COUNCIL of the CITY OF DELRAY BEACH is of the opinion that it is for the best interest of the CITY OF DELRAY BEACH that it release certain of its rights under said Lease in order to induce said bank to make such loan, NOW, THEREFORE, be it resolved by the CITY COUNCIL of the CITY OF DELRAY BEACH, a municipal corporation in Palm Beach County, Florida, that the said CITY OF DELRAY BEACH hereby consents to the assignment of 206K said Lease by the DELRAY BEACH POLICE BENEVOLENT ASSOCIATION, INC. to the SUN FIRST NATIONAL BANK OF DELRAY BEACH, Delray Beach, Florida, as collateral security for a loan of $20,000.00 and the CITY OF DELRAY BEACH agrees that it will not exercise any of its privileges to terminate said Lease as long as any portion of said loan remains unpaid. PASSED AND ADOPTED in regular session on this the 27th day of October, 1975. ATTEST: City Clerk Resolution No. 52-75 was amended by City Council at the October 27, 1975 meeting, as follows: In case of a default of the Mortgage from the Police Benevolent Association of Delray Beach that the City of Delray Beach would be held harmless and that there would be no physical changes of the improvements on the property unless authorized by the City of Delray Beach. -2- Res. No. 52-75.