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01-08-73 JANUARY 8~ 1973 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M. on Monday, January 8, 1973, with Mayor James H. Scheifley presiding, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and Council member Grace S. Krivos, J. L. Saunders, Leon M. Weekes, and O. Fo Youngblood present. 1. The opening prayer was delivered by Rev. Whitney Church of St. Matthew's E~scopal 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 special meeting and organizational meeting of January 2, 1973 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Youngblood. 4. Mr. Weekes reported he had received a request for the Police Department to check the traffic signal at Swinton Avenue and N.E. 4th Street to determine the feasibility of retiming it to allow more green light on N.E. 4th Street. It was felt that the timing was too short and caused people to rush through the intersection creating a possible traffic hazard. Mr. Mariott stated he would check it. 6.a. The City Manager stated that the City has received proposals for the purchase of eight police cars, three staff cars and two station wagons to be used by the Police, Parks and Recreation, Public Works, Water and Sewer, and Fire Departments. Bids were received from three dealers as follows: Heywood Mercer Chrysler- Earl Wallace Hauser Dodqe Plymouth Ford 8 Police Cars $27,255.20 $26,368.00 $28,183.52 Less: Trade in 4 Cars 1,465.00 1,700.00 1,950.00 Net Cost $25,790.20 $24,668.00 $26,233.52 3 Staff Cars $10,105.00 $ 9,762.00 $10,431.25 Less: Trade in Pick-up Truck 1,200.00 1,000.00 700.00 Net Cost $~8,~905~95 _$ 8,762.00 $ 9,731.25 1 Station Wagon, 6 Passenger $ 3,906.28 $ 8,723100 $ 3,824.29 1 Station Wagon, 9 Passenger $ 4,084.18 $ 3,914.00 $ 3,910.04 City Manager Mariott informed the Council that all of the vehicles in the proposed purchase are provided for in the budget. He recommended that the low bids be accepted in each category. The 1-8-73 bid for the eight police cars from Heywood Mercer Chrysler-Plymouth would be increased by $44.75 per car to allow for increasing the engine size to 360 cubic inches producing a net horsepower of 170 which, after testing by the Police Department, is the size required. This would bring the net bid of Heywood Mercer to $25,026.00 which is still the low bid for the eight police cars. Discussion among the Council members followed concerning whether or not all participants bid on the same specifications. Mr. Weber, Director of Finance, confirmed that they had bid on the same specifications. Mr. Weekes moved the acceptance of the City Manager's recommendation to award the purchase of the vehicles to the low bidder in each category. The motion was seconded by Mr. Saunders and passed unanimously. 6.b. The City Manager stated that a group of local developers have been attempting to work out an agreement with the City that would provide adequate water and sewer service in the southwest and western sections of Delray Beach. An agreement was sought by the City that would provide for 10~ financing of these facilities by the developers and would provide equity for each developer involved. These facilities will serve more than 9,000 units. A meeting between the developers and city officials pro- duced a mutual agreement in which the developers agreed to advance $537,500 to provide facilities to serve 4,000 water and sewer connections, almost half of the units that %Duld ultimately be required. The total amount of $537,500 has been posted by the developers and it is recommended that the contractor, Clayton Con- struction Company, Ma Mora, New Jersey, be advised to commence construction. An addendum has also been drawn up and executed by all except two of the developers who will sign later which provides for the developers to loan the City, interest free, the additional estimated $844,000 to complete the facilities. All developers have executed the Agreement for construction of the initial facilities costing an estimated $537,500, which amount has been deposited with the City by the developers. None of the $537,500 is to be reimbursed to the developers. An agreement will be drawn up at a later date which will allow the completion of the remaining 5,593 dwelling sites without phasing it into separate construction projects. The City Manager stated that regardless of the ruling of the State Board of Pollution concerning the Delray Beach sewage treatment, the agreement between the developers and the City would not be affected. He also informed the Council that the City is to pay $9,729 of the cost of the first phase since the City had initially planned to put in an installation in the vicinity. After considerable discussion, Mr. Saunders moved that the Council authorize the proper city officials to execute the initial agreement under discussion for water and sewer facilities with the developers as listed in the sum of $537,500 and to execute the addendum dated 1-4-73 which has been presented in the amount of $844,000. Mr. Weekes seconded the motion which was unanimously passed. (Copy of said agreement and addendum are attached to the original copy of these minutes.) -2- 1-8-73 8.a. The City Manager presented Resolution No. 1-73. A RESOLUTION OF THE CITY COUNCIL OF TPIE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CITY CONTRACT FOR PROVIDING THREE NEW WATER SUPPLY WELLS. (Copy of Resolution No. 1-73 is attached to the original copy· of these minutes.) City Manager Mariott explained the purpose for these water supply wells is to provide needed additional water supply to · compensate fox the growth of the City. The extension of the Present contract would save money since the contractor has agreed to drill these wells at previously agreed upon unit p~s. City Attorney Fellows stated that this procedure is proper as set out in the City Charter. The City Manager stated sufficient funds were in the budget to pay for the wells. Resolution No. 1-73 was unanimously passed on motion by Mrs. Krivos and seconded by Mr. Weekes. 8oho The City Manager presented ORDINANCE No. 1-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH.. FLORIDA.. ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1, 3, 4, 5, 6, 7, 8 AND '9, BLOCK 1, ALSO LOTS 1, 2, 3, 4, 5 AND 6,' BLOCK 6, SILVER TERRACE SUBDIVISION, WHIC~ LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUAIDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID 'LANDS; AND PROVIDING FOR THE ZONING TREREOF. The City Manager. stated that Ellis Chingos is the applicant and the purpose of the annexation of this property to the City is to provide additional parking and additional access to a shopping center si'te which will soon be under construction. Ordinance No. 1-73 was unanimously placed on first reading on motion by Mr. Saunders and seconded by Mr. Weekes. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Saunders and seconded by Mr. Youngblood. General Fund ............ $1,000,223.87 Water and Sewer Fund ........ 460,006.60 Cigarette Tax Fund ......... 4,057.72 Utility Tax Fund .......... 5,440.00 10.bl. The City Manager reopened the appointments to the Beauti- fication Committee. Mayor Scheifley stated he had failed to present the proper list to the Council member making the motion to appoint that Committee on January 2, 1973. Mrs. Krivos moved to rescind the motion she made on that date and moved that the following persons be appointed to the Beautification Committee for 1973: -3' 1-8-73 City Beautification Committee Mrs. George Hodges, Chairman Mr. George Aspinwall, Secretary Honorary Consultants Mr. Swan Brown (June-Oct.) Mr. J. B. Smith, Jr. Mr. R. Franklin Outcalt Mr. Charles Toth Mr. Lawrence Parker Mrs. George Zahm (Nov.-May) Mr. John L. Pitts, III Active Members Mr. Quentin Boernern Mr. William Kerr Mrs. John Bordeman ~ Mrs. George Little Mrs. James Bowen Mrs. Howard McGinn Mrs. Lens Brunner Mrs. William Mudge Mrs. Marshall DeWitt Dr. Jack Odom Mrs. George Dwyer Mrs. R. Franklin Outcalt Mrs. Monroe Farber Mrs. Charles Patrick Mrs. Paul Fenyvessy Mrs. Clarence Plume Mr John ~- ...... Members Ex-Officio Mr. Alfred Elliott 'Mr. Saunders seconded the motion which was passed unanimously. 10.b2. Mr. Saunders stated he had received a complaint that Toddletown on N.E. 2nd Avenue has swings on the sidewalk which can swing in toward the plateglass windows of the store, creating a hazard. 10.b3. Mr. Weekes requested a new zoning map be placed in the Council Chambers. 10.b4. Mayor Scheifley asked-the status of the plans for the model of the-proposed beach project to be placed in the pavilion. The City Manager stated that a drawing of the project is in progress. The meeting was adjourned at 8:20 P.M. City Cle~ APPROVED: -4- 1-8-73 AGREEMENT ~ P.~RTI~q,. The parties to this Agreement A. CITY OF D]SLI~tAY BEACH, a municipal corporation of Palm Beach County, Florida, hereinafter called the City; and B. DEVELOPERS: F.P.Ao Corp. also identified herein as Del Aire a Delaware corporation 2501 Palm Aire Drive Pompano Beach, Florida Villas Delray Associates, Inc. also identified herein as Imperial Villas a Florida corporation c/o William Donner 3450 S. Ocean Boulevard Palm Beach, Florida John Cyn Builders, Inc. also identified herein as Walker a Florida corporation 1531 N. E. 42nd Street Fort Lauderdale, Florida Per, insular Properties, Inc. also identified herein as Hamlet a Florida corporation, and W M W Development Co., Inc, an Ohio corporation 5601 N. Federal I-Iighway Boca Raton, Florida Mitbur Corporation also identified herein as Miller a Florida corporation 3100 S. Oakland Park Boulevard Fort Lauderdale, Florida Sovereign Industries of Delray, Inc. also identified herein as Zorn a Florida corporation 19950 N. E. 24th Avenue North Miami Beach, Florida Sherwood Park Golf, Inc. also identified herein as Sherwood Park a Florida corporation Golf, Inc. 85 S. E. 4th Avenue Delray Beach, Florida Place au Soleil, Inc. also identified herein as Reed a Florida corporation 960 Indigo Point Delray Beach, Florida McKeon Construction also identified herein as McKeon a California corporation 707 Chillingavorth Drive West Palm Beach, Florida Frank Danielson, Trustee also identified herein as Glisson 1601 S. E. 3rd Court Deerfield Beach, Florida Leo A. & Joan M. Blair, Robert & also identified herein as Slone-Blair Carolyn Horchler, Benjamin Ro & Almeda P. Hoxsie, Francis M., Sr. & Elizabeth Ann Sione. Myron L. & Beverly E. Kuzma 32 S. E. 2nd Avenue Delray Beach, Florida hereinafter c~l]ed Developers or Developer. 2. PURPOSE A. In consideration of this agreement, the City agrees to extend its water distribution and sewage collection system in accordance with the master plan of providing water and sewer service to its inhabitants, as delineated in Exhibit 1 appended hereto and made a part hereof, to service the area therein described (the "Service Area"). The Developers agree to the of allowable connections set forth herein until the prorating as new sewage plant is in operation; and the financing of the water and sewer facilities as shown on attached Exhibit 1 upon the terms ar~t conditions set forth in this agreement. 3. PRO RATA OF CONNECTIONS A. Ail parties to t.his agreement are desirous of developing land in the Southwest section of the City of Delray Beach in the vicinity of Lowson Boulevard west of the Seaboard Railroad tracks as set out in Exhibit 1. However, the present water and sewerage facilities of the City are inadequate to handle the approximate 9, 593 connections needed. The City is in the process of increasing its water and sewerage facilities. Pending completion of the new sewage treatment plant and a transmission line from the service area to the new sewage treatment plant, it is agreed by all parties that connections shall be prorated among the developers as set forth in Exhibit 2 attached hereto. 4. COVENANTS OF THE CITY. The City covenants and agrees to perform the following: A. ' The City will have prepared plans and specifications for the subject construction in the service area, by its consulting engineers, Russell & Axon. Bo The City shall execute contracts for the subject system at a contract price in accordance with the plans and specifications described in (1) The City has received bids on FM Dover to SCL RR and by-pass @ L.S. #21 and 24" water main - Dover to SCL RR contained in Exhibit 3 attached hereto on September 19, 1972. (2) The City during the month of January 1973 will arrange l'or bids on the remaining items of Exhibit 3. (3) Reference is made in t~xhibit 2 to Sherwood Park (City). This refers to City which will arrange for its own payments and will not necessarily pay or donate into the funds at the time the developers do. (4) The percentage attendant engineering costs as set out in Exhibit 3, will cover plans, specifications, supervision of construction, contingencies and other attendant costs and is to be added to the accepted bid price to arrive at.the figure to be prorated between developers. C. City shall proceed with due diligence, in the construction of the projects, and as each project is completed, the City will certify that system for use with the Service' Area. D. Ail monies received from the developers will be placed in a special account. (1) If as a result of bids and engineering costs exceeding the estimates on which developers had made their pro rata payments, the contract to be signed in Paragraph 4 B (2) will not be executed by CitY until said deficiency is made up by developers on the pro rata basis. (2) If the bids and engineering costs are less than the estimates on which developers had made their pro rata payments, the City will refund such-over payment pro rata to each developer. E. After completion and acceptance of the subject sewerage and water system extensions, the City at all times at its own expense will operate and maintain same in good and serviceable condition. F° The City shall impose, 'collect and enforce sewer service -3- charges for sewer service within the service area uniform with those in other areas of the City. 5. COVENANTS OF DEVELOPERS. The Developers covenant and agree to perform the following: Ao The Developers will pay their percentage proportionate share in cash as s el forth in Exhibit 2, which will cover the items as shown in Exhibit 3 which will not be repaid. B. That within Ten (10) days following the acceptance by City of a bid exceeding the estimate~ each developer will pay to the City his share as set oul in Paragraph 4 D (1) above. Co Each developer shall provide in his development area on-site water and sewer facilities including lift stations in conformance with the requirements of the City of Delray Beach and the laws of the Slate of Florida. Before such facilities are placed into use~ the on-site facilities shall be turned over to City together with the necessary easemenls. D. Sherwood Park Golf, Inc. agrees that if and when the Board of Directors of the corporation decide io develop certain lands adjacent to Sherwood Park Golf Course, presently owned by the corporation, application for annexation to the City will accompany the corporation's request for site plan approval prior to any connection to the City's water or sewer system~ E. Slone-Blair is to deed to the City of De]ray Beach, at no cost, land being at the southeast corner of Lowson Boulevard and Lake Worth Drainage District Canal E-4, simultaneous with the execution of this agreement. F. The agreement between City and F.PoA. Corp. 'dated November 29, 1971 by F.P.A. Corp. and December 1, 1971 by City for the extension of a sewage collection system shall be cancelled by mutual agreement simultaneous with the execution Of this agreement. G. It is recognized by all parties to this agreement that McKeon & Glisson have already contributed their pro rata share to the City -4- entitling them to their pro rata share of connections as set out in Exhibit 2. 6. GENERAL COVENANTS. It is mutually agreed between the parties as follows: A. Time is of the essence in the performance of each of the covenants of this agreement. B. The City reserves the right to issue Water and Sewer Revenue Bonds or Certificates on the system if City so elects. C. This instrument contains the entire agreement beiween the parties, and no statement, promises, or inducements made by either party or agent of either party that is not contained in this writlen contract shall be valid or binding; and this contract may not be enlarged, modified, altered in writing signed by the parties and endorsed hereon. or except D. The clause headings appearing in this agreement have been inserted for the purpose of convenience and ready reference. They do not purport t% and shall not be deemed to; define, limit or extend the scope or intent of the clauses to which they apperlain. E. The duties and obligations under this agreememi of each of lhe pariies are several and distinct and any action arising out of this agreement may be brought against any one or more of the other parties Without joining ihe rest. F. This agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assignees, and successors of the respective parties. 7. RECEIPT OF PAYMENT. Receipt is hereby acknowledged by City of the developers~ pro rata share as follows: Per Exhibit 2 Name % $ Del Aire 11.35 61~ 006 Imperial Villas 5.12 27~ 520 Walker 23.17 124, 539 Hamlet 31.80 170, 925 -5- Miller 1.15 6,181 Zorn 19.08 102,555 To be paid later by City Sherwood Pk. (City) 1.81 9~ 729 100.00% $537,500 8. EFFECTIVE DATE. This agreement shall be effective on the date that it has been signed by all parties and includes attached Exhibits 1 thru 3. IN WITNESS WItEREOF, the parties set their hands and seal. Approved as io form: . CITY OF DF_~LRA~, BEACH Ci~z At~ocnez A~esl: C2y Clerk Corporate ~AT~ OF FLOR~A CO~TY OF PALM B~ACH Before me personally appeared J. ELDON MARIOTT and PIALLIE E. YATES, to me known, and known to me to be the individuals described in and who executed the foregoing instrument as City Manager and City Clerk of the above named CITY OF DELRAY BEACH, a municipality, and severally acknowledged to and before me that they executed such instrument as such City Manager and City Clerk, respectively, of said municipality, and that the seal affixed to the foregoing instrument is the municipal seal of said municipality and that it was affixed to said instrument by due and regular municipal authority, and that said instrument is the free act and deed of said municipality. WITNESS my hand and official seal, this /~Z:' day of ~.Z.J-.,~..~..~-~-, A.D. 197:~ / ~T' tt~'/ ' ~ .-?Z-~--~ Notary Public, State of Florida ,/" My commission expires: -6- F. P.A. CORPORATION Corporate Seal STATE OF FLOR~A CO~Y 0F P~M BEACH Before me personally appeared LLOYD C. HAGAMAN, JR. and T. W. GELL to me well known, and known to me to be the individuals described in and who executed the foregoing instrument as Pr esid ent and Secr e~ary of lhe above named F.P.A. CORPORATION, a Delaware corporation, and severally acknowledged to and befor'e me that they executed such instrumeni as such President and Secretary respectively, of said corporation and thai the seal affixed to the foregoing instrument is the corporate seal of said corporation and thai ii was affixed lo said instrument by due and regular corporate authority, and thai said instrument is the free act and deed of said corporation. WITNESS my hand and official seal, this 5th day of January A.D. 197 3 . Notary Public, State of Florida My commission expires: March 29, 1974 VILLAS DELRAY ASSOCIATES, INC. Dy. ~./,?~. '>' ~ ,,. ,~ 7~ ~. :. ' '&- "~ Dated: Corporate Se~ STATE OF FLORIDA COUNTY OF PALM BEACH Before me personally appeared Wm. Donner and Chas. Donner to me well known, and known to me to be the individuals described in and who executed the foregoing instrument as Pr es id ent and S ecr etary of the above named VILLAS DELRAY ASSOCIATES, INC., a Florida corporation, and severally acknowledged to and before me thai they executed such instrument as such President and Secretary respectively, of said corporation and thai the seal affixed to the foregoing instrument is the corporate seal of said corporation and thai it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of staid corporation. WITNESS my hand and official seal, this 29th day of December A.D. 1972 . Notary Public, State of Florida My commission expires: March 29, 1974 16 JOHN CYN BUILDERS, INC. :. Corporate seM STATE OF FLORIDA CO~Y OF P~M BEACH Before me personally appeared JOHN J. WALKER and ROBERT G. QUEEN tomewellknown, and knowntometobelhe -' individuals described in and who executed the foregoing instrument as Pr esid ent and S ecr et ary of the above named JOHN CYN BUILDERS, INC., a Florida corporation, and severally acknowledged to and before me thai they executed such instrument as such . President and Secretary respectively, of said corporation and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and thai it was affixed to said instrument by due and regular corporate authority, and thai said instrument is the free act and deed of said corporation. WITNESS my hand and official seal, this 3rd day of January A.D. 1973 . Noi-a~ Public, ~tate of Florida My commission expires: March 29, 1974 PENINSULAR PR OPERTI-ES, INC. Alt est'.,~ / By ~~ ' : ~. ,~ ..... , : .~,. , Corporate Se~. STATE OF FLORIDA CO~Y OF PALM BEACH Before me person~ly appeared ~. ~, ~ ~ k ~ and ~ ~ ~~i%~ to me ~vell known, and known to me to be the - individuals described in and who executed the foregoing insirumenl as of lhe above named PENINSUL~ PROPERTIES, INC., a Florida corporatior and severally acknowledged to and before me ihal they executed such instrument as such ~ ~ .~ ~ ~~ and respectively, of said corporation and that the seal affLxed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said inslrument by due and regular corporate authority, and that said instrument is the free act and deed of said corporation. WITNESS my hand and offici~ seal, this ~ ~day of~ A.D. 197'~ . S~-*~ of Florida Notary P'~lic, ~ota~ Pu~fic, State ~f ~orlda QI ~r~ ~ Com~ss~ E~;res S~. 25. 1976 My commission expires:Bo,&a -~- W M W DEVEI_,OPM.~NT CO., INC. Attest: By_. ( , ~:/r ~., ., , : C/~rporale Seal ( ~ STATE OF COUNTY OF P~M BEACH Before me persona~y appeared ~~ ~i ~- ~ ~'~ ~ and ~O~ ~ [~O~sc.~ to me well known, and kn~n io me to be ihe individuals described in and who executed the foregoing instrmenl as Vt&~,~~ . and ~'~' w,~,-~ r of the ~ove named W M W ~EVELOPMEN~ CO., INC., an Ohio corporatSon, and sever~y acknowledged to and before me that they executed such instrument as such ~ ~.~, ~ and respeclively, of said corporation and thai the se~ afl,ed lo ~e foregoing i~lrument is ihe corporate seal of said corporation and that it was affixed to s~d instrument by due and reg~ar corporate authority, and that s~d .. ~-~* ...... * is +h~ free act -~ de~ ~f said W~NESS my hand and offici~ se~, t~s M A.D. 197 ~. N~ary P~lic, Siaie of Florida ~y com~ssion expires MILB UR/~~ CORPORATION Att esi: B Y~ ~4- ~~~ Corporate Seal STATE OF FLOglDA CO~'Y O~ P~M BEACH Before me personally appeared ALBERT MILLER and EDWARD J. KENNEDY to me well known, and known to me to be the individuals described in and who executed the foregoing instrument as Pr esid ent and Secr etary of the above named MILBUR CORPORATION, a Florida corporation, and severally acknowledged to and before me that they executed such instrument as such Pr esid ent and Secretary respectively of said corporation and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed ito said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said corporation. WITNESS my hand and official seal, this 29th day of December A.D. 1972 . Notary Public, State of Florida My commission expires: March 29, 1974 -9- 18 .,no - ~':" -'--'~-' :~: ....~-:-. ..... Dated: ~ - - A'~<~F' /~ 7~ Corporate Se~ STATE OF FLOglDA CO~rY OF PALM BEACH Before me personally appeared RICHARD ZORN and DONALD SIMON to me well known, and known to me to be the individuals described in and who executed the foregoing instrument as Pr esid ent and S e cr etary of the above named SOVEREIGN INDUSTRIES OF DELRAY, INC., a Florida corporation, and severally acknowledged to and before me that they executed such instrument as such President and Secretary respectively, of said corporation and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said corporation. WITNESS my hand and official seal, this 8th day of January A.D. t973 . Notary Public, State of Florida My commission expires: March 29~ !974 S~I~WOOD PARK GOLF, INC~ . Dated: ~person~ly appeared gobert E. ~cher and H. W. Smith to me well known, and known to me to be the individuals described in and who executed the foregoing i~trument as President and Assistant Secretary of ~he above named SHEgWOOD P~K GOLF, INC., a Florida corporation, and severally acknowledged to and before me that they executed such instrument as such President and Assistant Secretary respectively, of said corporation and that the seal afl, ed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and reg~ar corporate authority, and that said instrument is the free act and deed of said corporation. W~NESS my hand and official seal, this 29th day of December A.D. 1972 Notary'P~lic, State of Florida My commission expires: March 29, 1974 -10- PLACE AU S,OLEIL, INC. Attest: , / ... By - ;.~. _ . ' .... I .... ' ...... '" -- " Corporate Se~ o d R~ERT C RE~ Before me pers n~ly appeare . and ~RY T. NEWETT to me well known, and kn~n to me to be the ~individuals described in and who executed the foregoing instrument as Pr esid ent and Secr etary of the above named PLACE AU SOL,L, INC., a Florida corporation, a~ severa~y acknowledged to and before me thai they execuled such i~lrument as such Pr esid ent and Secr etary respectively, of said corporation and t~t the s e~ alfred to the foregoing ins~umeni is the corporate seal of said corporation and thai ii was aff~ to s~d instrument by due and regular corporate auihorRy, and thai s~d inslrumenl is ~=-~ free aclanu--= deed of said corporaiior~. W~N~S my hand and offici~ se~, t~s 29ih day of Dece~er A.D. 197 2 N~ary P~lic, S~ate of My commission ex. res: ~eh 2~, 1074 Before me personally appeared W. DEAN HANSON and to me well known, and known to me to be the individuals described in and who executed the foregoing instrument as Pr es id ent and of the above named McKEON CONSTRUCTION, a California corporation, authorized to do business in the State of Florida, and severally acknowledged to and before me that they executed such instrument as such President and respectively, of said corporation and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of Said corporation. WITNESS my hand and official seal, this 3rd day of January A.D. 197 3 . Notary. t ubhc,' - State" . of Florida My commission expires: March 29, 1974 -11- 2O Wit ness es: STATE OF FLORIDA BefOre me personally appeared FRANK DANIELSON, TRUSTEE, well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this 29th day of December A.D. 1972 . Notary Public, State of Florida My commission expires: March 29, 1974 -12- Witnes_., .,ses:~ ': '/ , / · ~~~-- ~~_~- .~--_~"~/'L, .~'.,_ ~"~ c~, (S ea~) Leo.,Ao Bla/r Joan M. Blair Rob er~ Horchler C~olyffHorc~er ~ ~/.~ ........ ~ (S e~) Benj~{n R. Hox~i~ '- o. iel ' ~rancis M. S1one, ~li~b eth ~n S~one ":"' - (s Myron L. Ku~a Bev erly E. Kuzma ,/ STATE O~ ~IDA CO~Y O~ P~M B~CH Before me personal~ appeared LEO A. BL~ and JOAN M. his wife; ~OBE~T ~ORC~E~ and C~OLYN HO~CHLE~, his wife; BE~J~MI~ ~. HO~IE and ~MEDA P. HOXSIE, his wife; F~ANCIS M. SLONE, S~. and ELIZ~ETH ANN SLONE, ~s wife; M~ON L. KUZMA and B~V~LY E~ KUZMA, ~s wife, to me we~ known and known to me to be the persons descried in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purpos es ~herein express ~. WITNESS m~ hand and offici~ seal, this 8th day of January A.D. 197 3 . Notary P~lic, State of Florida My commission expires: March 20, 1~74 -13= i Proposed Sewage Main · ~-- PropOsed Water Main ':t ' · ~' ' . ' / i3° ~-.~ Instt evelopers: Imperial Villas Del Aire 5. She~ood Park (Golf) 7. Slone-Blair 9. Miller ..... I U 11, She~ood ~azk (City) 12. Reed ,: -..~ 7'" ~ ........ B E A ~.~ -'F ~ I:~ L: '~ " : 1~ :2 .... ' ' ,.., '~ r.: ,:.~~, -- ' ' .'.- " ~" ~) ii ' . · ~1 '~ ':'3 ' 'l ; . ~.,, ~_ ~r :~,4.1 I -~.~ ~i . . I ~ ,~ "¢~ t~l ' "'" '"' ~ "~ ~"-" ~ . ~ o, ~. . .. ..... -.. ..... .,~,, ., · ! Revised December 27, 1972 Project No. 5964-3/8g ~ ,ar D~v~ ~n TABLE I Developers' Pro Rata Share Water and Sewer Connections and Project Cost i I Share of Share of ~ Ult.Lmate Co~mections ! Connections Project Cost Share o Name ~ Connection Required End 85.10% of Based on $537,50 ! Sewer of 1974 '.Required 1974 Ultimate ~l Aire 714 476 i 405 11.55% $ 61,006 m erial Villas 322 322 ;, 274 5.12 27,520 !alker = 1,457 ~ 509 ~I 433 23.17' 124,539 ~Iet : 2,000 700 '~ 596 $1.80 ~ 170,925 I~rwood Park (City) t 114 114 } 97 1:B1 : 9,729 i lief 72 72 I 6i 1.15 6,181 0rn ~ 1,200 959 816 19.08 : 102,555 herwood Park Golf (Archer) 210 , 210 ~ 179 $. 34 17,953 ced 20.0 75 ~ 64 3.18 17,092 .. 2,925 100.00 $5371,500 SUB-TOTAL 6,289 ' $, 457 cKeon ~; 324 ~ _324 ~ ............... 276 ............ lissOn ............. ~ ........ z2_, 6.60 .................. i ............ 697 ................ i ........... 593 ......... lon'e-Blair ...........~^ ,z.~ .......... 242 ~i ...... 206 ....... TOTAL '~ 9,S93 4,700 i 4,000 :YrE: Average Share equals $85.47 per ultimate connection XHIBIT 2 Delray ]3each Water and Sewer Service to S. \V. Area 4,000 connections maximum - Project Nos. 596,~-3g-8g 59¢4-8i 5964-8j July 31, 1972 The following is an estimate of the cost of required improvements along Lowson Boulevard and eastward to furnish water and se,~er service to developers in the S. W. area $,ith 4,000 connections being maximum number to be served. Developers pro-rata share of this cost is shown on Table I, " Sewage force main - Dover Road to Congress and by-pass L.S. #21 $128,400.00 24" water main - Dover Road to SCL RR 194,000.00 SUB TOTAL - $ 322,400.00 Equalization tank, 25,000 c.f. approximalely, including aerators $ 85,000.00 Increase pumping capacity L.S. #1 40,000.00 Increase pumping capacity L.S. #25 5,000.00 Increase ejectors capacity 15,000.00 TOTAL CONSTRUCTION COST $ 467,400.00 Attendant cost, eng., sup., and contrng. (15%) ?0,000.00 TOTAL DIRECT COST 537,500.00 RUSSELL & AXON CONSULTING ENGINEER~, INC. John H. Klinck, P.E. District Engineer . EXtIIB IT 3 DELRAY BEACH, FLORIDA 33444 ~D E~ UM As an addendum to the agreement for the 4, 000 temporary connections for water and sewerage connections, the City wishes you to acknowledge, by signing this letter opposite your name below~ the fact thai all developers involved with the . 4, 000 temporary connections are also involved with the financing of the main transmission line from the development area to the new treatment plant and the increased water capacity lines as set forth in the initial proposed agreement sent to you as an enclosure with a memorandum from ~ir. Aiariott, City Manager, dated September 28, 1972. At the meeting on Friday, October 27, 1972, it was decided, due to circumstances existing at thai time, to temporarily defer that portion of the proposed agreement dealing with ~84_, OD0 as set forth in that agreement a~d in particular Exhibits 4 and 5 attached the]~eto. (A. copy of thai proposed agreement.. is being delivered to you with a copy of this addendum. ) However, it was the understanding of the City that after the present agreement involving only the 4,000 temporary connections and approximately $537,500 was finalized that all developers involved Would then complete the details for the $844, 000 portion. Due to the indecision of three new parties who were not a part of the original · group and to commit the understanding and intent of the original group, the City wants to confirm this understanding and intent with all concerned in writing. The understanding and intent is that no more connections will be allowed to any developer listed below than called for in the present agreement dealing with 4,000 present temporary connections until the $844,000 project of sewage transmission line and water transmission line has been finalized by the developers listed below and the lines installed and in operation. It is requested that you sign this addendum if: 1. This is your understanding of the overall water and sewer service program to your area, and 1 of 3 2. you will participate in the $844,000 program on th~ basis as proposed in the initial agreement. (Copy delivered with tl~s.) ~'~' 'G. Robert Fellows City Attorney · January4, 1973 . . .F. 1~. A. Corp. By. Oliver Conslruction Corp. By. Villas Delray -issociates, Inc. John Cyn Builders, Inc. . .By. Peninsular Prop erties, Inc' ']By. W1VIW Development Co-., Inc. By. Milbur Corporation By. Sovereign Industries of Delray, Inc. By. Sherwood Park Golf, Inc. By. Place au Soleil, Inc. By. McKeon Construction By. Frank Danielson, Trustee 2 of 3 S!one'-Blair .. By , · CITY OF DELIIAY BEACH By. 3 of 3 RESOLUTION NO. 1-73. A RESOLUTION OF THE CITY COUNCIL OF T~ CITY OF OF A CITY CONTRACT FOR PROVIDING T[~REE NEW WATER SUPPLY WELLS. WHEREAS, it is the recommendation of the City Manager that the Council, acting by authority of provisions of Section 78 of the City's Charter, authorize the proper City officials to contract for the construction of three new water supply wells, at unit prices not to exceed those quoted by the most recent successful low bidder; and WHEREAS, an examination of the C~ty's Consulting Engineers of recently bid unit prices for this type of work indicated that a considerable financial savings can be effected by the City through such negotiated prices; and WHEREAS, the most recent low bidder has expressed his will- ingness to extend said unit prices for providing the required three new wells and to negotiate any unit prices required in the proposed new contract which were not covered in the previous low bid; and WHEREAS, it is recognized that time is of the essence in providing additional water supply wells, and that considerable time would be saved in the proposed negotiated contract, as compared to the usual procedure of advertising for and accepting bids from various contractors; and WHEREAS, payment for such contract is to ~e made from funds provided in the current budget; and WHEREAS, it is the Council's opinion that such action would be in the best interests of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: That an authorization is hereby granted to the proper City officials to enter into a negotiated contract with the most recent successful low bidder for the construction of three new water supply wells at unit prices not to exceed those effective in said most recent low bid, except that any required unit prices not quoted in this low bid may be negotiated directly with the con- tractor. PASSED AND ADOPTED in regular session this 8th day of January, 1973. ~ MAYO. R ATTEST: City ~rk 30 JANUARY 22, 197.~2 ~ A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M. on Monday, January 22, 1973, with Mayor James H. Scheifley presiding, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and Council members Grace S. Krivos, J. L. Saunders, Leon M. Weekes and O. F. Youngblood present. The opening prayer was delivered by Rev. J. D. Edwards of St. Paul's A.M.E. Church of Delray Beach. 2.. The Pledge of Alleqiance to the Flag of the United States of America was given. 3_=, The minutes of the regular meeting of January 8, 1973 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Weekes. 4.a. Mr. Weekes reminded Council of a'previous request made by him to contact the League of Women Voters pertaining to a review by that organization of the election procedures and statutes of the City of Delray Beach. The purpose of such a review would be to receive from the League of Women Voters recommendations that might create more community interest in elections. Contact by Mr. Weekes with Mrs. Barbara Parkhurst, President of the League of Women Voters, produced a favorable response to undertaking this project. Mr. Youngblood moved that Council authorize the review of election laws by the League of Women Voters with their recommend- ations to be presented to Council. Mr. Saunders seconded the motion which passed unanimously.' Mr. Weekes added that he had contacted Mr. William James, State Representative of District 80 (including Delray Beach), who advised that the State Legislature might look into this matter. Mr. James requested Mrs. Parkhurst to make available to him any recommendations the League of Women Voters .. might develop. Mr. Saunders informed Council that Attorney General Stone recently made some recommendations on election laws that were apt to this situation. Mrs. Parkhurst thanked the Council for the opportunity to be of service to the City, and asked for some direction or scope for this study. Mr. Weekes initiated some suggestions, i.e., the time of year elections should ~e held, the City Charter's lack of conformation to the interpretation of the law of the Courts with regard to ownership of property, and several other areas previously discussed with Mrs. Parkhurst. He stated the desire of the Council would be to have the League of Women Voters review the entire area of elections and develop ideas that might revise the election system in a positive manner. Mayor Scheifley added another aspect of the review should be the number of elections held in any giv~ year. 4.b. Mr. Youngblood presented a matter that had been discussed previously by Council concerning the traffic situation at the corner of N.W. 4th Avenue and Atlantic Avenue. Several serious accidents have occurred at this intersection and a light is definitely required. When this request was first introduced, it was pointed out that this involved a state highway. Mr. Young- blood requested the State Department of Transportation be contacted concerning the seriousness of the problem. 4.c. Mr. Youngblood reported that Mrs. N. H. Cobbs, 106 S.W. 1st Street, Delray, had contacted him concerning the organization of a group to combat Sickle Cell Anemia, a disease that attacks the black race. Mrs. Cobbs has contacted several City and State officials who have indicated they will support the group. Mr. -Youngblood stated he had agreed to aid in the organization of' the group which would serve the City of Delray Beach. Mr. Saunders moved that the Council grant Mrs. Cobbs permission to organize the Sickle Cell Anemia Drive in Delray Beach and to solicit such funds as the organization is able to obtain from the Federal Government. Mr. Weekes seconded the motion which was passed unanimously. 4.d. Mayor Scheifley answered Mrs. Krivos' question concerning the location of the Flotilla Foundation, the auxiliary of the Coast Guard. It will be on the spoils area between the Wright Sun and Yacht Club and the'Del Mar Marina behind Slim's Radiator Shop. 4.e. Mayor Scheifley informed the Council that Mr. Horace Burnett from Tallahassee had called him stating he represented Governor Askew's Human Relations Council. He will be in Delray Beach Wednesday and Thursday of this week and Mayor Scheifley has set a meeting with him Wednesday morning at 10:00 A.M. in the City Hall. All members of the Council and the City Manager are requested to be' present. If this is impossible, Mr. Burnett will contact each member individually. Mayor Scheifley stated Mr. Burnett had not indicated the exact nature of the meeting. · 4. f. Mayor Scheifley read a Proclamation declaring National Children's Dental Health Week in Delray Beach from February 4-10, 1973. 4.g. Mayor Scheifley read a Proclamation declaring January 21-27, 197'3, as National Jaycee Week in Delray Beach. The Proclamation was presented to Mr. Peter Smith, President of the Delray Beach Jaycees. Mr. Smith thanked the City Council and asked that the Jaycees be informed of any help~ they could provide for the better- ment of the community. 4.h. Mayor Scheifley read a Proclamation declaring February 11- 17, 1973, as National Electrical Week in Delray Beach. 6.a. The City'Manager stated the term of Mr. Paul Herig as a member of the Building Code Appeal Board expires on February 12, 1973. Mr. Herig has consented to serve another term, ending February 12, 1977. Mr. Weekes moved the reappointment of Mr. Herig to the Building Code Appeal Board which motion was seconded by Mr. Saunders and passed unanimously. 6.b. The City Manager presented the following bids for janitorial service for the City Hall for the period of one year beginning February 1, 1973: Bid Per Bidder Month Benson Superior Building Maintenance. $ 950.'00 Delray Beach East Coast Janitorial Services 1,350.00 Delray Beach Ocean City Service Company 1,023.40 Delray Beach It is recommended that the contract be awarded to Benson Superior Building Maintenance, Delray Beach, the firm that is presently performing the work and is also the low bidder. Mr. Youngblood moved the contract be awarded to Benson Superior Building Mainten- ance for the sum of $950 per month. Mr. Saunders seconded the motion which passed unanimously. 6.c. The City Manager read the bids received for city insurance coverage for three years beginning February 1, 1973, for City Equipment Floater, Water Tower Coverage and the City Treasurer's Bond: Equipment Water Treasurer's Floater Tower Bond (Ann ~Prem) (Ann Prem) (3 Yrs Prem) BEERY & BROWN AGENCY Crum & Forster Group $3,100.00 $1,163.00 $1,215.00 ~ATLANTIC INS. AGENCY Amer. Fire & Cas. - -' 1',215.00 PLASTRIDGE AGENCY Insurance Co. of N.A. All Risk 5,161.00 2,256.00 1,350.00 Named Perils 4,380.00 GRACEY BROTHERS ..Aetna Insurance Co. All Risks 2,717.00 1,410.00 1,215.00 Hartford Ins. Co. All Risks 2,608.00 1,716.00 1,215.00 Named Perils 2,173.00 1,434.00 St. Paul Fire & Mar. All Risks 4,837.00 1,175.00 The City Manager recommended that the contract be awarded to Gracey Brothers as their quotations are the low bids with the exception of the Treasurer's Bond which is equal to or below the other bidders. The cost to the City during the present fiscal year for these three coverages would be $5,342 although a slightly smaller amount would actually be expended during the current year since the Treasurer's Bond is for a three year period and Wohld be prorated during the remaining two yearsj Mrs. Krivos moved the bids sub- mitted by G~acey Brothers representing Aetna Insurance Company be accepted for the Equipment Floater, Water Tower and Treasurer's Bond. Mr. Saunders seconded the motion which passed unanimously. 6.d. The City Manager presented the following named improvements to be funded from the Federal Revenue Sharing Funds: $50,000 -- Improvement of beach parking'lot, South Ocean Boulevard 50,000 -- Storm Drainage Construction 35,000 -- Teen Town Improvements .10,000 -- Construction of Bicycle Paths 6,000 -- Construction of addition for storage - '~ Civic Center ...... 5,000 -- Teen Town Pool $156,000 -- Total -3- Mayor Scheifley pointed out that $40,000 of the total amount received from the Federal Government would be held in abeyance for further study and analysis. Mr. Weekes moved that the Federal Revenue Sharing Funds.received by the City be appropriated as follows: $50,000 -- Improvement of beach parking lot, South Ocean Boulevard 50,000 -- Storm Drainage Construction · ' 35,000 -- Teen Town Improvements 10,000 -- Construction of Bicycle Paths 6,000 -- Construction of addition 'for storage - Civic Center 5,000 -- Teen Town Pool 40,000 -- To be held in abeyance for future use. The motion was seconded b~ Mr. Youngblood and passed unanimously. Mr. Jack Gomery discussed the desire of the Beautification Co~nmittee to establiSh bicycle paths on A1A, presenting a verbal tentative location. Mr. J. W. Dunbar also spoke from the floor against the proposed paths on A1A, stating they should be in some other area. Mayor Scheifley remarked that the proposed location would provide both a walking area for residents and an area for cycling. 6.e.. The City Manager recommended that authorization be given to the Charles M. Graves Organization, Atlanta, Georgia, to prepare a master plan for the development of Teen Town at a cost of $2,800. Mr~ Mariott stated that this organization is one of the better known firms in the country in regard to parks and recreational planning and has done work for the city in the past. Mr. Saunders moved that the Charles M. Graves Organization be retained to develop a master plan for Teen Town in the amount of $2,800. Mr. Youngblood seconded the motion which was passed unanimously. 7.a. City Manager Mariott Stated the Solicitations Committee has recommended approval of the application of the American Cancer Society to solicit funds in the city from February 26 through March 10, 1973, all requirements of the city having been met. Mr. Saunders moved that permission be granted the American Cancer Society to solicit funds, seconded by Mrs. Krivos and passed unanimous ly. 7.b. The City Manager stated that the Solicitations Committee has recommended approval be gigen to the Delray Beach Library Association to soliCit funds from March 11 through March 24, 1973, all city requirements having been met. It was moved by Mr. Young- blood that permission be granted to the Delray Beach Library Association to solicit funds, seconded by Mrs. Krivos and passed unanimous ly. 7.c. Mayor Scheifley acknowledged receipt of the minutes of the Beautification Committee meeting held on January 3, 1973. 7.d. The city Manager stated the City had received a request from the Chairman of the Antiques Show and Sale by St. Paul's Episcopal Church to place four signs, each 2' x 3', advertising the show. Two signs would be placed on S. Swinton Avenue and the other two would be placed on Federal Highway, one each on the northbound and southbound highways on the same posts on which the church now has -4- 1-22-73 directional signs posted. Mrs. Krivos questioned the placement of temporary signs on a federal highway when the Delray Bowling Alley was refused authority to post a sign designating the loca- tion of the alley. Mr. Mariott stated this discrepancy should be checked with the Department of Transportation. Mr. Richard Bigelow, 951 Space Circle, Delray Beach, spoke from the floor stating the locations of the signs had been selected based upon .the fact that church signs already existed at these locations. · Mr. Weekes moved~ that St. Paul's Church be authorized to erect the temporary signs subject to the approval of the Department of Transportation for the two signs located on the Federal Highway. Mr. Saunders seconded the motion which was passed unanimously. 8:a. The City Manager presented Resolution No. 2-73. A RESOLUTION FIX'ING THE PROVISIONS FOR THE ISSUANCE OF $5,000,000 CITY OF DELRAY BEACH, FLORIDA WATER AND SEWER REVENUE BONDS, SERIES 1972; NAMING PAYING AGENTS; AND AUTHORIZING THE SALE OF SUCH BONDS. (COpy of Resolution No. 2-73 is attached to the official copy of these minutes.) Resolution No. 2-73 was unanimously passed on motion by Mr'. Youngb!ood and seconded by Mr. Saunders. 8.b. The City Manager presented Resolution No. 3-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTIMATE OF COST TO OPEN, GRADE AND PAVE THJkT PART OF S.W. 7TH AVENUE FROM S.W. 6TH STREET SOUTHWARD TO MEET THE EXISTING PAVEMENT APPROXIMATELY 300 FEET SOUTH OF S.W. 7TH STREET. ~ ..... (.Cb y of Resolution No. 3-73 is attaChed to the official copy 'of these minu'tes.) · The City Manager stated the City has received a valid peti- tion requesting the city to pave, by special assessment, a portion of S.W. 7th Aven'ue, a total distance of about 950 feet. Approval of the resolution is recommended which is the first of three steps necessary to complete the impr6vement by special assessment. More than 50% of the owners of the abutting property have signed the petition in accordance with city law. Resolution No. 3-73 was .passed unanimously on motion by Mr. Saunders and seconded by Mr. Youngbl ood. _8'.c. The City Manager presented Ordinance No. 1-73. l~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA~ BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1, 3, 4, 5, 6, 7, 8 AND 9, BLOCK 1, ALSO LOTS 1, 2, 3, 4, 5 AND 6, ~ BLOCK 6, SILVER TERRACE SUBDIVISION, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUBiDARIES OF SAID CITY TO INCLUDE SAIE LANDS; PROVIDING FOR THE RIGHTS AND O~LI~ i±ON~ OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. -5- (Copy of Ordinance No. 1-73 is attached to the official copy of these minutes.) 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, and there being no objections to Ordinance No. 1-73, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mrs. Krivos and seconded by Mr. Youngblood. 8.d. The City Manager presented Ordinance No. 43-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 29-9 AND 29-10, CHAPTER 29 OF THE CITY'S CODE OF ORDINANCES PERTA'INING TO APPLICATIONS FOR' BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. (Copy Of Ordinance No. 43-72 is attached to the official copy~of these minutes.) 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, and there being no objections to Ordinance No. 43-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Young- blood and seconded by Mr. Weekes. 91a. The City Manager reported that the Planning and Zoning Board at their December 19, 1972 meeting had approved the site plan for Lakeview Greens, located on the N.W. corner of S.W. 12th Street and Dover Road, cons~ting of 160 dwelling units. Mr. Saunders moved that the Lakeview Greens site plan be approved, which motion was seconded by Mr. Weekes and passed unanimously. 9.b. The City Manager reported that the Planning and Zoning Board at their January 9, 1973 meeting .had approved the site plan modification of Wright Sun and Yacht Club. The modification essentially consists of rearrangement of buildings and a change from two five-story buildings and three seven-story buildings to four seven-story buildings, resulting in the elimination of one building, with no change in the number of planned dwelling units. Review at the C6uncil workshop on January 18, 1973 resulted in the elimination of a seawall eastward along the Intracoastal Waterway where an embankment n6w exists due to requirements by the State ahd specifically the Trustees of the Improvement Trust Fund. Mr. Saunders moved for the approval of the Wright Sun and Yacht Club site plan modification, seconded by Mr. Youngblood and passed unanimously. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Youngblood and seconded by Mr. Saunders. General Fund ............. $927,712.69 Water and Sewer Fund ......... 6,695.00 Cigarette Tax Fund .......... 51,000.00 Citizens Contribution Fund ...... 15,003.25 Improvement Trust Fund ........ 1,520.49 Federal Revenue Sharing Trust Fund . . 97,000.00 Lowson Blvd. - Water & Sewer Fund . . 520,000.00 -6- 1-22-73 10.bl. Mayor Scheifley announced the death of Former President Lyndon B. Johnson. 10.b2. The City Manager presented Resolution No. 4-73. A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR ~{E REPAIRS OF THE TEEN TOWN SWIMMING POOL. (Copy of Resolution No. 4-73 is attached to the official copy of these minutes.) · The City Manager stated this resolution would provide for entering into a contract with Delray Pools for repairs and rejuvena- tion of Teen Town Swimmin~ Pool in the amount of $4,970. The pool is now closed to use and extensive repairs must be made before reopening for use. The funds will come from the Federal Revenue Sh~ring Fund. Resolution No. 4-73 was passed unanimously on motion by Mr. Youngblood and seconded by Mr. Saunders. 10.'b3. The City Manager reported he had received a letter from Delray Pools, Inc., requesting rezoning to a different classifi- · cation of property owned or controlled by Delray Pools, being Lots 1'7, inclusive, Block 3, Southridge Subdivision. It is recommended that this request be referred to the Planning and zoning Board' for study and recommendation. It was moved that the request from Delray Pools be referred to the Planning and Zoning Board by Mrs. Krivos, seconded by Mr. Saunders and passed unani- mously. 10.b4. Mrs. Krivos commented favorably on the new ~oning map in ~- Council Chambers and the way in which it was prepared. 10.b5. Mrs. Krivos reiterated her request for a sign on South Federal Highway for the Delray~Bowling Alley to be checked with the Department of Transportation. . " i0.b6. Mr.'We.ekes expressed the hope that the administration, having approVed the use of Federal Revenue Sharing Funds,. would .move as expeditiously as possible to initiate the projects, Particularly the parking lot on South Ocean Boulevard. He re- quested'the Beautification Committee to participate in the land- scaping involved. 10.bT. Mayor Scheifley asked the City Manager what the status of the Cable TV was at present. Mr. Mariott replied that to his knowledge, it was still stalled in Washington before the Federal Communications Commission. The meeting was adjourned at 8:35 P.M. RESOLUTION NO. 2-73 A RESOLUTION FIXING THE PROVISIONS FOR THE ISSUANCE OF $5,000,000 CITY OF DELRAY BEACH, FLORIDA WATER AND SEWER REVENUE BONDS, SERIES 1972; NAMING PAYING AGENTS; AND AUTHORIZING THE SALE OF SUCH BONDS. WHEREAS, by resolution adopted by the City Council of the city of Delray Beach, Florida (hereinafter called "City"), on September 11, 1972, by Resolution No. 48-72, the City authorized the issuance of $5,000,000 Water and Sewer Revenue Bonds, Series - 1972 (hereinafter called "obligations"), to finance the cost of construction and acquisition of additions, extensions and improve- ments to the Water and Sewer System of the City; and, WHEREAS, the obligations have been validated by judgment of~the Circuit Court for Palm Beach County, Florida, on October 31, 1972; and, WHEREAS, the City deems it in the best' interests of the City to sell such obligations at public sale; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that: Section 1. The $5,000,000 Water and Sewer Revenue Bonds, Series 1972, of the City shall be subject to prior redemption, as hereinafter provided in the Notice of Sale. Section 2. Such obligations shall be offered at public sale on February 14, 1973. Section 3. The City Clerk is hereby authorized and directed to publish a notice calling for bids for the purchase of said Bonds. Such notice shall be published in the Delray Beach News Journal, a newspaper of general circulation within Palm Beach County one time; such publication to be not less than ten (10) days prior to the day of sale, and shall be published one time in the Bond Buyer, a financial publication in the City of New York, New York. The notice shall be in substantially the following form: OFFICIAL NOTICE OF SALE $5,090,000 CITY OF DELRAY BEACH, FLORIDA WATER AND SEWER REVENUE BONDS, SERIES 1972 Notice is hereby given that the City Council of the City of Delray Beach, Florida, will receive sealed, bids, in care of the undersigned City Clerk in the City Council Chambers, City Hall, 100 N.W. 1st Avenue, Delray BeaCh, Florida, until 12:00 o'clock noon, Eastern Standard ~ime, on ~ February 14, 1973 " at which time and place all bids will be publicly-"bpene~ and read for $5,000,000 City of De!ray Beach, Florida,. Water and Sewer Revenue Bonds, Series 1972, dated Jun-3 ~ 1972, (hereinafter called the "Bonds"), bearing inte 3~A at the rate or rates stated in the successful bid not ex- ceeding seven and one-half per cent (7 1/2%) per annum, and maturing, subject to the right of prior redemption as set forth below, on June 1 in the years and amounts as follows: Year Amount Year Amount Year Amount 1974 $50,000 1984 $ 85,000 1993 $160,000 1975 50,000 1985 90,000 1994 165,000 1976 55,000 1986 105,000 1995 175,000 1977 60,000 1987 110,000 1996 190,000 1978 60,000 1988 115,000 1997 195,000 1979 65,000 1989 120,000 1998 205,000 1980 70,000 1990 130,000 1999 510,000 1981 75,000 1991 140,000 2000 540,000 1982 80,000 1992 150,000 2001 570,000 1983 80,000 2002 600,000 The Bonds maturing in the years 1983 to 2002, inclusive, will be callable for redemption prior to maturity, at the option of the City, on June 1, 1982, or on any interest payment date thereafter, in inverse numerical order, at the price of par and accrued interest to the date of redemption plus a pre- mium, expressed as a percentage of the par value thereof, of 3% if redeemed on or prior to June 1, 1989; ~ if redeemed thereafter on or prior to June 1, 1995; and 1% if redeemed thereafter prior to maturity. The Bonds will be coupon Bonds in the denomination of $5,000 each, with the privilege of registration as to principal only or as to both principal and interest. Principal and semi-annual interest (June 1 and December 1) will be pay- able at the Chase Manhattan Bank, N.A., New York, New York. The Bonds will be issued for the purpose of financing the cost of construction and acquisition of additions, extensions, and improvements to the Water and Sewer System of the City. The Bonds, on a parity with $4,780,000 outstanding Water and Sewer Revenue Bonds, will be payable solely from the net revenues derived from the operation of the waterworks plant and system and sewer system of the City of Delray Beach. Each bidder may specify not more than three different interest rates expressed in multiples of one-eighth (1/8) or one-twentieth (1/20) of one per centum (1%) and all Bonds of the same maturity shall bear a single rate of interest. No bid stipulating a difference greater than one and one-half per centum (1 1/~) Detween the highest and lowest rates of interest named will be considered. A re- peated rate of interest shall not be considered a different rate of interest. Only one coupon will be attached to each Bond for each installment of interest thereon. A bid con- taining a rate of interest based upon the use of split or supplemental interest coupons will not be considered. The Bonds will be awarded on the basis of the lowest net interest cost to the City and the comparison of bids to determine such lowest net interest cost will be made by taking the aggregate amount of interest at the rate or rates specified in the bids computed from December 1, 1972, to the various stated maturities thereof and subtracting therefrom the amount of -2- 38B any premium bid or adding thereto the amount of any dis- count bid. No bid for less than ninety-nine per centum (9~/o) of the par value of the Bonds offered for sale plus accrued interest will be considered. In order to be considered, each bid must be unconditional and must be submitted on the form furnished by the City and must be accompanied by a certified, bank cashier's or bank treasUrer's check for $100,000 drawn upon an incor- porated bank or trust company, payable to the order of the City of Delray Beach, Florida· The amount of said check of the successful bidder will be applied on the purchase price. All other checks will be returned imme- diately upon the award of the Bonds. No interest will be allowed upon the good faith deposit of the successful bidder. The Bonds have been validated by judgment of the Circuit Court of the Fifteenth Judicial Circuit of the State of , Florida, in and for Palm Beach County. The legality of the Bonds will be approved by Messrs. Mudge Rose Guthrie & Alexander, New York, New York, whose opinion as to the legalitY of the Bonds will be delivered to the purchasers without charge together with a no-litigation certificate in the customary form dated as' of the date of the deliverY of the Bonds. 'The Bonds will be delivered to the successful bidder, at the expense of the City, in the City of New York, New York. It is expected that delivery will be made on or about March 14, 1973, or within thirty days from the date of sale. However, if the Bonds are not delivered within sixty days of the date of sale without fault upon the part of the successful bidder, the successful bidder may with- draw his bid and receive the return of his good faith deposit. The City reserves the right to reject any and all bids and any bid not complying with the provisions hereof will be. rejected. Additional information may be obtained from the undersigned. CITY OF DELRAY BEACH, FLORIDA Hallie E. Yates City Clerk Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on the 22nd day of January, 1973. ATTEST: City Clerk -3- 38C ' :o OFFICIAL NOTICE OF SALE ~ $5,000,000 ~ .~. CITY OF DELRAY BEACH, FLORIDA · - ' : . :- WA~ER AND SEWER REVENUE BONDS, SERIES 1972 · '-Notice is hereby given that the City CoUncil of the City '- of Delray Beach, Florida, will receive sealed bids, in : · care of the undersigned City Clerk in the City Council .3-.. '.Chambers, City Hall, 100 N.W. 1st Avenue, Delray Beach, ~"' .... Florida, until 12:00 o'clock noon, E~stern Standard Time, .' · . ' February 14, 1973 · . · .. .at which time and place all bids will' be.publicly opened ....- "' . ..and read for $5,000,000 City of.Delray Beach, Florida, -'%"' ' "' .". 'Water and Sewer Revenue Bonds, Series 1972, dated June 1, '. :. 1972,. (hereinafter called the "Bonds") bearing interest : '~' at the rate or rates stated in the successful bid not ex- ."3_- · .. ceeding seven and one-half per cent (7 1/~$) per. annum, and : maturing, subject to the right of prior redemption as set ' - .... forth below, on June 1 in the years and amounts as follows: ..... ~' ' 'Year Amount Year. Amount Year Amoun~ 1974 $50,000 1984 $ 85,000 1993 $160,000 :_ : ~. : 1975 50,000 1985 90,000 1994 165,000 .... -_ ' .1976 55,000 1986 105,000 1995 175,000 ' ' . 1977 60,000 1987 110,000 1996 190,000 "' 1978 60,000 .1988 115,000 1997 195,000 ''... .1979. 65,000 1989 120,000 1998 205,000 -1980 70,000 1990 130,000 1999 510,'000 '~ .". ~'1981 75,000 -1991 140,000 2000 540,000 ' '..' '-""~ : 1982 80,000 1992 150,000 2001 570,000 '1983 80,000 2002 600,000 . . .- "' i The Bonds maturing in the years 1983 to 2002, inclusive, will .-.:' . '. ~e callable for redemption prior to maturity, at the option ".. ---. of the City, on June 1, 1982, or on any interest payment date . - ..thereafter, in inverse numerical order, at the price of par and accrued interest to the date of redemption plus a pre- " mium, expressed as a percentage of the par value thereof, of ~$ if redeemed on or prior to June 1, 1989; ~$ if redeemed " thereafter on or prior to June.l, 1995; and 1% if redeemed . . thereafter prior to maturity. -.'. ... The Bonds will be coupon Bonds in the denomination of $5,000 ~' -' each, with the privilege of registration as to principal .. only or as to both principal and interest. Principal and · semi-annual interest (June 1 and December 1) will be pay- a~le at the Chase Manhattan Bank, N.A.', New York, New York. The Bonds will be issued for the purpose of financing the cost of construction and. acquisiticn of additions, extensions, and improvements to the Water and Sewer System of thc City. The Bonds, on a parity.with $4,780,000 outstanding Water and Sewer Revenue Bonds, will be payable solely from the net revenues derived from the operation of the waterworks plant and system and sewer system of the City of Delray Beach. .... 38D Each bidder may specify not more than three different interest rates expressed in multiples of one-eighth (1/8) or one-twentieth (1/20) of one per centum (1%) and all Bonds of the same maturity shall bear a single rate of interest. No bid stipulating a difference greater than one and one-half per centum (1 1/2%) between the highest and lowest rates of interest named will be considered. A re- peated rate of interest shall not be considered a different rate of interest. Only one coupon will be attached to each Bond for each installment of interest thereon. A bid con- " raining a rate of interest based upon the use of split or supplemental interest coupons will not be considered. The Bonds will be awarded on the basis of the lowest net interest cost to the City and the comparison of bids to determine such lowest net interest cost will be made by taking the aggregate .amount of interest at the rate or rates.specified in the bids .. computed from December 1, 1972, to the various stated maturities thereof and subtracting therefrom the amount of any premium bid or adding.thereto the amount of any dis- - count bid. No bid for less than ninety-nine per centum (9~) of the par value of the Bonds offered for sale. plus ' ' accrued interest will be considered. ..... . In order to be considered, each bid' must be unconditional and must be submitted on the form furnished by the City and must be accompanied by a certified, bank cashier's or bank treasurer's check for $100,000 drawn upon an incor- porated bank or trust company, payable to the order of the City of Delray Beach, Florida. The amount of said check of the successful bidder will be applied on the purchase price. All other checks will be returned imme- diately upon the award of the Bonds. No interest will be allowed upon the good faith dePosit of the sucCessful bidder. : The Bonds have been validated by judgment of the Circuit Court of the Fifteenth Judicial Circuit of the State of : Florida, in and for Palm Beach County. The legality of the Bonds will be approved by Messrs. Mudge Rose Guthrie : & Alexander, New York, New York, whose opinion as to the legality of the Bonds will be delivered to the purchasers without charge together with a no-litigation certificate in the customary form dated as of the date of the delivery of the Bonds. The Bonds Will be delivered to the successful bidder, at the expense of the City, in the City of New York, New York. It is expected that.delivery will be made on or about March 14, 1973, or within thirty days from the date of sale. However, if the Bonds are not delivered within sixtY days of the date of sale without fault upon the part of the successful bidder, the successful bidder may with- draw his bid and receive the return of his good faith deposit. The City reserves the right to reject any and all bids and any bid not complying with the provisions hereof will be rejected. ..Additional information may be obtained from the undersigned. CITY OF DELRAY BEACH, FLORIDA Publish: January 25, 1973. Hallie E. Yates City Clerk 38E RESOLUTION NO. 3-73. A RESOLUTION OF THE CITY COUNCIL OF TITHE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTI~ATE OF COST TO OPEN, GRADE AND PAVE T}SAT PAR~' OF S.W. 7TH AVENUE -FROM S.W. 6TH STREET SOUTPEA~ARD TO MEET T}LE EXISTING PAVEMENT APPROXIMATELY 300 FEET SOUTH .OF S.Wo 7TH STREET. WHEREAS, the City Council of the City of Delray Beach, · Florida, may deem it to be necessary for the safety and conven- ience of the public to open, grade and pave that part of S.W. ,7th Avenue from S.W. 6th Street Southward to meet the existing pavement approximately 300 feet South of S.W. 7th Street, to . ~ a Width of twenty-two (22) feet, the City of Delray Beach, Palm Beach County, Florida, to share in the cost of such im- provement with the owners of lands abutting thereon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of lDelray ]~each, Palm Beach County, Florida, as follows: SECTION 1~ That the City _NL~_n~ger 1~ required to submit plans, specifications and an estimate of the cost of such im- provement to be made, and that the same shall be placed on file in the office of the City Manager. PASSED AND ADOPTED by the City Council of the City of De]ray Beach, Florida, on this .the 22nd day of January, 1973. ATTEST: City Clerk 38F UNIi~Pi{OVED PRO~ER'FY One parcel lying south of Collins Avenue and one parcel lying East of Miami Boulevard ORDINANCE NO. 1-73. AN ORD_.NANCE OF THE CIq~f COL~'JCIL OF THE CI'I~f OF DEl, RAY BEACH, FLORIDA, ANNEXING TO THE CI'I~f OF DELPJAY BEACH LOTS 1, 3, 4, 5, 6, 7, 8 AND 9, BLOCK 1, ALSO LOTS I, 2, 3, 4, 5 ~qD 6, BLOCK 6, SILVER TERk~CE SUBDIVISION, WHICH lANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAIb CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE . RIGHTS AI~ID OBLIGATIONS OF SAID LAN~DS; AND PROVIDING FOR T~tE ZONING THEREOF. - WHEREAS, Ellis Chihgos is the fee simple owner of the lands hereinafter described; and, WHEREAS,. Ellis Chingos has petitioned and given permission for the annexation of said lands by the City· of Delray Beach; and, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the .City.Charter of said City granted to it by the State of Florida; and, WHEREAS, the annexation of these lands hereinafter described, · n the CC Community Commercial District, has been recommended by the Planning and Zoning Board in actiofl taken at its meeting held on December 12, 1972; NOW, THEREFORE, BE IT ORDAINED 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, Palm Beach County, Florida, hereby annexes to said City. the following described lands located in Palm Beach County, .Florida, -which lie-contig.uous to said City, to-wit: ' Lots 1, 3, 4, 5, 6, 7, 8 and 9, Block 1' also Lots 1, 2, 3, 4, 5 and 6, Block 6, Silver Terrace Subdivision, according to the Plat thereof recorded in Plat Book 11,. .. Page 61, Public Records of Palm Beach ' County, Florida.' SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the hereinbefore described lands, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the lands hereinbefore described are hereby declared to be in Zoning District CC as defined by existing ordinances, of the City of Delray Beach, Florida. SECTION 4. That the lands hereinbefore described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Dclrav Beach are now or may be, and persons residing thereon shall, be d~emed citizens of the City of Delray Beach. 38G .... SECTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a Court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED AND ADOPTED in regular session on the second and final reading on the 22nd day 'of January , 1973. ATTEST · " City Clerk First Reading JAN $ 1973 Second Reading January 22, 1973 ..· Ordinance No. 1-73. 38H ORDINANCE NO. 43-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 29-9 AND 29-10, C~tAPTER 29 OF Tt~ CITY'S CODE OF ORDINANCES PERTAINING TO APPLICATIONS FOR BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. WHEREAS, the Building Code Appeal Board has recommended Changes in applications for building permits and certificates of occupancy, and WHEREAS, the City Administration concurs in said recommenda- tion, and WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that such changes should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That subsection 29-9 of Chapter 29 of the Code of Ordinances of the City be amended to read as follows: "Sec. 29-9 Application for Building Permits See Southern Standard Building Code." Section 2. That subsection 29-10 of Chapter 29 of the Code of Ordinances of the City be amended to read as follows: "Sec. 29-10 Certificate of Occupancy; fees See Southern Standard Building Code." Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. PASSED AND ADOPTED in regular session on the second and-final reading on this 22nd day of January , 19 73 · City Clerk First Reading December 26, 1972 Second Reading January 22, 1973 38I RESOLUTION NO. 4-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE REPAIRS OF THE TEEN TOWN SWIMMING POOL. WHEREAS, it is the recommendation of the City Manager that the Council, acting by authority of provisions of Section 78 of the City's Charter, authorize the proper City officials to con%ract for repairs of the Teen Town Swimming Pool; and WHEREAS, such contract is to be for the sand blasting, marble coating interior of pool, repainting lane stripes, ~r~placing two ladders, and grouting under coping stones; and WHEREAS, payment for such contract is to be made from the Federal Revenue Sharing Funds; and WHEREAS, it is the Council's opinion that such action 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: That authorization is hereby granted for the contracting for the repairs of the Teen Town Swimming Pool by Delray Pools, Inc. for the sum of Four Thousand Nine Hundred Seventy Dollars. ($4,970.00). PASSED AND ADOPTED in regular session on this the 22nd day of January, 1973. ATTE S T: City Clerk