02-12-73 FEBRUARY 12, 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, February 12, 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.
1. The opening prayer was delivered by Rev. Hal Dibblee of Unity
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 January 22, 1973 were
unanimously approved on motion by Mrs. Krivos and seconded by Mr.
Weekes.
4. Mayor Scheifley read a Proclamation proclaiming February 16
and 17, 1973 as Poppy Days for the purpose of collecting funds by
the American Legion Auxiliary Unit No. 188.
5.a. Mr. Albert H. Luhrman, N.E. 2nd St. and N.E. 7th Ave., Delray
Beach, spoke from the floor concerning the conflict between the City
Ordinance on Zoning and deed restrictions in subdivisions. Mr.
Luhrman expressed concern that the new zoning allowed multiple
dwellings in the Wellbrock Subdivision on the east side of 7th Avenue
between 2nd and 3rd Streets despite the fact that this subdivision
is subject to deed restrictions. He objected to having to resort
to a civil suit to correct this situation. Mayor Scheifley explained
that hundreds of deed restrictions exist throughout the City, and the
City Administration has not and will not enforce these private deed
restrictions. If the zoning conflicts with the deed restrictions in
any given area, it is the responsibility of the individual property
owners to handle the matter in court. Mayor Scheifley suggested
that the property owners form their own civic associations, as several
subdivisions have done, to enforce their deed restrictions. The
Mayor also informed Mr. Luhrman that, in most cases, suits of this
nature would be upheld in the courts since the deed restrictions are
valid, legal agreements. Upon further discussion, Mayor Scheifley
suggested that Mr. Luhrman and other interested parties appear be-
fore the Planning and Zoning Board to discuss the problem.
Mr. Luhrman then brought to the attention of the Council the
building of two prefabricated nuclear powered power plants in the
Atlantic Ocean on man-made islands three miles off the New Jersey
Coast. He thought possibly the method of maintaining the land mass
or the prevention of erosion being employed by these installations
might be of interest to the Council in their efforts to control
erosion in the Delray Beach area. Mayor Scheifley thanked Mr. Luhr-
man for his interest and referred the matter to the City Manager.
5.b. The Rev. Semmie Taylor of Delray Beach spoke from the floor
concerning the school problem existing in Atlantic High School and
other schools in the area. He stated that the animosity in this
particular area is growing and also pointed out the apparent rejec-
tion by the Boynton Beach residents of the annexation of the Atlantic
High School into the City of Delray Beach. The agitation of the
students is seemingly increasing and Rev. Taylor emphasized the
need for a peaceful structure in order for the school to function
well. He suggested the need for delinquent officers, and questioned
the possibility of utilizing some of the Revenue Sharing Funds to
institute this type of operation to help control the situation.
He pointed out that anytime people with expertise in disruptive
techniques are involved, it becomes extremely difficult to maintain
a stable situation. He requested Council to give the matter very
serious consideration.
Mayor Scheifley asked the Council what the best manner would
be to analyze the situation and have the pros and cons of the annex-
ation of the school into Delray Beach presented to Council. He
reported that in an informal conversation with Superintendent Carroll
that the Superintendent had suggested the City of Delray Beach might
consider annexing the school property.
The Council expressed agreement with the need for study and
action and Mr. Weekes voiced the opinion that, in all probability,
there would be a need for initiation from the School Board for
annexation. Mayor Scheifley agreed with Mr. Weekes, but stated his
main idea would be to have a committee analyze the manner in which
the possible annexation should be approached and what procedures
would be involved.
Mr. Youngblood pointed out that when the school was first
considered, it was located in the County property to satisfy both
the citizens of Boynton Beach and Delray Beach. He stated that with
the unrest and problems that now are occurring in Atlantic High
School, this would be a proper time to make a study and take some
action. He pointed out the discrepancies that exist in reports
received concerning the actions of the County police in dealing with
both white and black students. If the school were annexed into
Delray Beach, the city police could handle the problems in a more
effective manner.
Mr. Saunders questioned Rev. Taylor concerning the attitude
of Boynton Beach toward annexation. Rev. Taylor replied that he felt
the original attitude was to reject the idea, but since the problem
has been increasing, Boynton would be more prone to accept the annex-
ation in order to provide a peaceful situation for students.
Mrs. Krivos pointed out the fact that the school is within
the reserve area of Delray Beach and could not be annexed by Boynton
Beach under any circumstances. She also stated that the study should
include the requirement of enlarging the police force and the facili-
ties housing the police department.
Mayor Scheifley asked for a suggestion as to the best method
of handling the study. City Manager Mariott stated he believed the
study should encompass the financial, social, legal, educational and
law enforcement aspects of the problem, plus any other conceivable
connection with the pros and cons of the annexation. He stated that
it would be premature at this time to embark on such a study since
it could be interpreted by some as an attempt by the City to acquire
more property. An alternate suggestion offered by Mr. Mariott was
to have representatives of Delray Beach, Boynton Beach and the County
School Board meet to preliminarily discuss the problem to determine
whether or not to proceed with a full scale study. Mayor Scheifley
ascertained that the three prime governmental bodies involved would
be representatives of the City Councils of Boynton Beach and Delray
Beach and the School Board. The City Manager reiterated the first
conference should be kept to a minimum number of people and govern-
ments in order to accomplish the preliminary goals.
-2- 2-12-73
Rev. Taylor agreed that the idea would be feasible, but
questioned the time element involved. Mr. Mariott stated it should
take no longer than a week to initiate the preliminary study.
Mr. Weekes moved that the City Manager be authorized to
arrange a meeting including himself, two members of the Delray Beach
City Council, the County School Superintendent and/or his repre-
sentatives, and representatives from the Council of Boynton Beach
for the purpose of discussing the advisability of annexing the
Atlantic High School property into the corporate limits of the City
of Delray Beach. Mr. Youngblood seconded the motion which passed
unanimously.
5.c. Mr. Irwin Kresser, 324 N.E. 17th Street, Delray Beach, spoke
from the floor concerning beach restoration. He questioned why the
restoration has not been completed. Mayor Scheifley and City
Manager Mariott explained the process involved and the progress the
City expected to make by summer.
6.a. City Manager Mariott requested that consideration of approval
of a City-County agreement relative to maintenance of the City beach
not be considered at this time.
6.b. The City Manager explained the routine contractual agreement
between the City of Delray Beach and the Florida Department of
Natural Resources concerning the manner in which monies would be
handled, the advertisement of bids in accordance with state require-
ments and the fulfillment of all other state requirements prior to
awarding the contract for construction of the beach restoration
project. Bids are scheduled to be opened in March and the project
is tentatively scheduled to begin in May. Mr. Saunders moved that
the .proper city officials be authorized to execute the contract
for the beach restoration project on behalf of the city. Mr. Young-
blood seconded the motion which passed unanimously.
(Copy of said agreement is attached to the official copy
of these minutes.)
7.a. The City Manager reported to the Council that the Barrton
Apartments, Inc. on South Federal Highway had previously requested
the City to permit a different traffic pattern than was originally
presented in the initial site plan. At that time, the City advised
the applicant that it would be necessary to obtain modification of
the site plan in order to change the traffic pattern. Recently,
the applicant again requested a change in traffic pattern and was
again told that it would require a modification of the site plan.
The Barrton has now applied for site plan modification. Mr. Weekes
moved that the matter be referred to the Planning and Zoning Board
for further study and recommendation. Mrs. Krivos seconded the
motion which passed unanimously.
7.b. The City Manager infonmed Council that a request is being
made of the City by Charles and Belle Hill, Chairmen of the Delray
Affair for 1973, for the customary city s~cti~n of the event and
for the providing of certain services as the City has done in the
past. The dates of the Delray Affair will be April 27 and 28, 1973.
Mr. Saunders moved that the City grant its sanction and services for
the Delray Affair, seconded by Mr. Youngblood and unanimously passed.
Mrs. Krivos questioned the request of Mr. and Mrs. Hill for
the City's sponsorship of the Palm Beach County Symphonic Band for
a concert during the Delray Affair since it involved a cost of $200.
Mr. Saunders moved that the City allow use of the city park and donate
$200 for the Palm Beach County Symphonic Band for a concert. Mr.
Weekes seconded the motion which passed unanimously.
-3- 2-12-73
7.c. City Manager Mariott reported a request had been received
for a gratis license for fiscal year 1972-73 from Dr. Ralph Montanus,
President, The Gospel Association for the Blind, Inc., for the
operation of an office at 307 E. Atlantic, Delray Beach. Satisfac-
tory evidence has been submitted to the City qualifying this organiza-
tion for a gratis license. Mr. Youngblood moved that a gratis license
be granted to Dr. Ralph Montanus and was seconded by Mr. Weekes. Mr.
Weekes requested discussion on the motion in order to determine
whether or not it is necessary for the Council to act on each
request for a gratis license. It was determined that this require-
ment is in the ordinance. The motion was passed unanimously.
8.a. The City Manager presented Resolution No. 5-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ORDERING THE OPENING,
GRADING AND PAVING OF 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.
(Copy of Resolution No. 5-73 is attached to the official
copy of these minutes.)
The City Manager stated this would involve.istreet improvement
about 960 feet in length. The estimated cost is $11,350.00 with the
City paying 20% of the cost and abutting property owners paying 8~
as a special assessment. Resolution No. 5-73 would set a public
hearing to be held on the proposed improvement at the February 26,
1973 meeting. Resolution No. 5-73 was unanimously passed on motion
by Mr. Saunders and seconded by Mr. Youngblood.
Mr. Weekes stated he would like assurances that proper
notices would be sent to the persons involved in special assessments.
City Manager Mariott stated that neither the City Charter nor the
City Ordinances require notification of each individual property
owner that is to be assessed for improvement; however, he stated it
was felt by members of the Council that notifications should be sent
and he had instructed the City Clerk to notify each affected property
own e r.
8.b. The City Manager presented Resolution No. 6-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
EXECUTION OF AGREEMENT FOR A SANITARYSEWER
MAIN CROSSING THE FLORIDA EAST COAST RAILWAY
COMPANY PROPERTY UNDER ITS TRACKS AT A POINT
LOCATED 1022 FEET NORTHERLY FROM RAILWAY'S
MILE POST NO. 316, AS MEASURED FROM JACKSON-
VILLE, FLORIDA.
(Copy of Resolution No. 6-73 is attached to official copy
of these minutes.)
The City Manager stated this was a routine contractual
agreement between the City and the Florida East Coast Railway per-
mitting the City to install an 8" sewer line across the tracks at
N.E. llth Street~extended with the City paying $20 the first year
and $5 each year thereafter. It is designed to serve a number of
properties extending northward to approximately N.E. 14th Street.
Resolution No. 6-73 was unanimously approved on motion by Mrs.
Krivos and seconded by Mr. Saunders.
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2-12-73
8.c. The City Manager presented Ordinance No. 2-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
29-6.1 (C) (2), CHAPTER 29 OF THE CITY'S CODE
OF ORDINANCES BY ADDING PET SHOPS AND PET
GROOMING TO CONDITIONAL USES.
The city Manager stated that it was decided at the January
18th workshop meeting that pet shops and pet grooming would be added
as Conditional Uses to the CC Zone of the new zoning ordinance.
Ordinance No. 2-73 was unanimously placed on first reading on motion
by Mr. Youngblood and seconded by Mr. Saunders.
8.d. The City Manager presented Ordinance No. 3-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION
29-5 (G) (4), CHAPTER 29 "ZONING" OF THE CITY'S
CODE OF ORDINANCES PERTAINING TO THE SETBACKS
OF SINGLE FAMILY RESIDENCES IN THE RM-10 AND
RM-15 ZONING DISTRICTS.
The City Manager stated that this ordinance would permit
single family residences in the RM-10 and RM-15 zoning districts
to observe the same setbacks in the R-lA district. Ordinance No.
3-73 was unanimously placed on first reading on motion by Mr. Weekes
and seconded by Mrs. Krivos.
8.e. The City Manager presented Ordinance No. 4-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION
15C-7 (b), CHAPTER 15C "LAS~SCAPING" OF THE
CITY'S CODE OF ORDINANCES PERTAINING TO A
REDUCTION OF COST OF PERMIT FEE FOR BLACKTOP
OR PAVING.
The City Manager explained the present ordinance provides
for an initial paving permit fee of $6.00 and then assesses an
additional $2.00 for each 1,000 square feet of pavement. The pro-
posed ordinance would change only the second part of the rate
structure, leaving the initial permit fee as $6.00, and the $2.00
per additional 1,000 square feet would be $1.00. Mr. Saunders stated
this placed Delray Beach in line with neighboring cities. Ordinance
No. 4-73 was unanimously placed on first reading on motion by Mr.
Saunders and seconded by Mr. Weekes.
9.a. The City Manager reported that the Planning and Zoning Board
at its meeting held on January 16th recommended, by unanimous vote,
that City Council request the County Commission to observe the land
use plan adopted by the City of Delray Beach. Mr. Saunders moved
that the County Commission be asked to observe the land use plan in
our reserve annexation areas. The motion was seconded by Mrs.
Krivos and passed unanimously.
10.a. The following Bills for Approval were unanimously approved
for payment on motion by Mr. Saunders and seconded by Mr. Youngblood.
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2-12-73
General Fund ............. $998,991.64
Water and Sewer Fund ......... 621,350.73
Cigarette Tax Fund .......... 4,183.97
Utility Tax Fund ........... 55,440.00
Refundable Deposits Fund ....... 10,575.11
Citizens Contribution Fund ...... 46.90
Improvement Trust Fund ........ 82,206.96
Beach Restoration Fund ........ 11,150.00
10.bl. Mayor Scheifley reported to Council that Tuesday, February
6, 1973 at the Cabinet hearing, an attorney representing four prop-
erty owners appeared before the Cabinet opposing the City's Beach
Restoration Project. Three of the four persons have since dropped
out of the action and at present, only one person is attempting to
prevent the planned beach restoration.
10.b2. The City Manager reported to Council information concerning
the city's insurance situation. In 1970, the city almost had their
insurance cancelled due to the astronomically high losses being
incurred by the insurance carrier at that time. Matt Gracey and
Clarence Beery reported to the City Manager a loss recap of overall
coverage which showed a loss drop from $61,000 in 1970 to $6,000+
in 1972. The ratio drop was 133% in 1970 to 64% in 1972. Hopefully,
1973 will show even better results.
10.b3. City Manager Mariott informed Council that when the beach
erosion project began, it was determined that a number of surveys
needed to be made, i.e., engineering, magnetometer surveys, etc.
At that time, a contract was awarded to Brown and Root Company to
make a magnetometer survey for the City at a cost of $20,000. The
firm was slow in fulfilling its contract and certain parts were not
completed. Therefore, the contract was cancelled when $17,000 worth
of work had been completed, leaving $3,000 of the contract unful-
filled. The company was paid for the $17,000 work completed. It
was recognized at that time that it might be necessary to perform
further work dependent upon State requirements and the input from
the Division of Archives and about a dozen other State agencies.
However, it was decided to wait for definite information from the
State concerning the requirements to complete the project. It has
now proven necessary to institute more study and a contract has been
delivered to the City for entering into a contract with the Undersea
Mining Corporation for magnetometer surveys in the amount of $8,400
for the completion of the work. This provides a total figure for
the amount of work on this project of $25,400. The increased work
is due to the expansion of the original dredge area and to the more
comprehensive criteria presently being used by the Division of Archives
for this type of work. The Division of Archives is the one State
agency that had not granted full approval to Bill Carlton's office
as Head of the Division of Beaches and Shores in the Department of
Natural Resources. The City still does not have approval of the
Archives; however, they have communicated under what terms and
conditions they will give conditional approval. Mr. Carlton has
indicated to Mr. Mariott that the Cabinet issued approval for the
Delray Beach Restoration project on February 6th. When the Bureau
of Beaches and Shores has approved the nourishment material to be
used in this project, a formal permit will be issued and Arthur
Strock is working with this department in an effort to locate
suitable material. It is necessary to complete the magnetometer
work for these two reasons in order to finalize a portion of the
contract for which the Department of Natural Resources is responsible.
-6-
2-12-73
The City Attorney has reviewed the contract from a legal standpoint
and has approved it. Since it usually requires a long waiting
period for a company to move into an area to make a magnetometer
survey, this contract is desirable since it calls for work to begin
February 15th and end March 15th which will fit into the City's
schedule.
Mayor Scheifley questioned the exact meaning of the magneto-
meter survey. The City Manager said it included sand, but more
specifically the location of artifacts and breeding grounds of marine
life, and is a State requirement. Mr. Saunders questioned whether or
not this was a part of the environmental impact statement. Mr.
Mariott answered it was not as such, but serves the same purpose.
Mr. Saunders moved that th~ city officials be authorized to enter
into a contract with the Undersea Mining Corporation for $8,400, the
work to proceed as soon as possible. The motion was seconded by Mr.
Weekes. Mayor Scheifley ascertained that the money involved would
come from the Bond Issue funds. The motion was passed unanimously.
(Copy of the Agreement with Undersea Mining corporation is
attached to the official copy of these minutes.)
10.b4. City Manager Mariott reported that the Department of
Transportation is considering revamping a section of South Federal
Highway near Linton Boulevard. He stated he had just received a
copy of the Department of Transportation's plans for this project,
indicating it would cover an area of 3,473 feet. The exact schedule
fOr construction was not indicated, but when completed, the curve
&~ this location will be reduced, not completely eliminated. Mayor
Scheifley stated that in a recent meeting, Mr. DeWitt made the
statement that the project would begin in March.
10.b5. Mrs. Krivos asked Mr. Mariott if he had heard anything
more concerning the 12th Street Bridge. Mayor Scheifley reported
that he and Mr. Mariott attended a meeting involving about fifteen
people during which the main discussion centered around whether or
not this was a primary road system or a. secondary road system.. There
are several procedures by which this may be taken off the secondary
road system and placed on the primary road system, one by Legislative
action and one by County Commission action. When the meeting ended,
Senator Phil Lewis, Lake Lytel, Bill James'and George Warren were to
attempt to get the project under way.
10.b6. Mr. Weekes reported that several weeks ago, the Legislative
delegation voted 7 to 2 to ask ~he Legislature to pass an act which
would require all sewer treatment plants after the effective date
of the act to provide third stage sewer treatment. The Delray plant,
which is presently under design, provides second stage sewer treat-
ment. This is true of many of the plants in Florida. The effect of
the bill would be to delay any implementation of improved treatment
for the City of Delray Beach for probably another one and one-half
to two years. Having approved a motion to present.this bill by a
vote of 7 to 2 due to public pressure at the meeting, the delegation
had second thoughts about the action they had taken when they
realized that this would simply delay any improvement in treatment.
They, therefore, brought this up again and voted unanimously 9-0
not to present such a bill to the Legislature.
10.b7. Mr. Weekes also informed Council that he and Mr. Mariott
had attended a meeting of the subcommittee of the Legislative
Delegation to discuss another bill which would set up a uniform
building code for all of Palm Beach County. Mr. Mariott was part
of the presentation of the Palm Beach County Municipal League
which was in opposition to a uniform building code. Several reasons
are involved in objecting to this, i.e., it is considered illegal
for an elected body to give over the right of zoning and building
'codes to an appOinted board. It merely reduces the power of the
· local municipal government. Should the code of West Palm Beach be
~. downgraded, it.would affect each municipality with no recourse
· ~ available to them. The decision of the subcommittee was that it be
sent back to the full delegation with the recommendation that such
~. legislation not be introduced this year, and that the parties of
interest meet to try to work out some kind of negotiated bill for
~fu%ure presentation. It was agreed there is some merit in identi-
fying with the building codes, but not in the manner suggested.
10.b8. The City Manager reported having received an annexation
request from Mr. Irving Sussman, represented by Attorney John H.
Adams, for annexation of two parcels of land, one being 71 acres
'bounded by Lake Ida Road, Barwick Road and Military Trail, and the
second parcel consisting of 51.7 acres south of and a'djacent to the
first parcel, the second parcel fronting on Military Trail. It is
· recommended that this matter be referred to the Planning and Zoning
Board. · Mrs. Krivos moved that the annexation request of Mr. Irving
'.~ Sussman be referred to the Planning and Zoning Board, seconded by
· Mr~ ~Youngblood and passed unanimously.
10.b9. Mayor Scheifley reported that~he had represented the City
before the Legislative delegation on sewage treatment. They had
originally proposed that all sewage treatment plants have advanced
treatment in Palm Beach County. This was met with opposition from
West Palm Beach, Delray Beach, etc. because of cost and also because
of our bond issue this week. The other municipalities followed with
Opposition. senator Sykes was attempting to amend the bill with the
completion date of 1977 instead of 1983. Nationally, everyone is
required~to have advanced treatment by 1983 which is the result of
a. congressional act. The result was that everyone voted unanimously
.. · to defeat, the whole idea of advancing the date.
· Th~ meeting was adjourned at 8:48 R.M.
City Clerk~
APPROVED:
A YO R
46B ~.
CONTRACT
THIS AGREENENT, dated this 12th day of Febr'uary . ,
1973, by and between the Department of Natural Resources, hereinafter
referred to' as DEPARTNENT and the City of Delray Beach ,
hereinafter referred to as LOCAL SPONSOR.
WITNE S SETH
That in and for ~he mutual covenants between the ~EPARTMENT and
~he LOCAL SPONSOR, it is agreed as'follows:
· 1.. In consideration of the Department's agreement to participate
in the funding of a 'beach restoration project for the
2.7-mile shoreline of Delray Beach (county)
(city) the LOCAL SPONSOR agrees to:
(a)' Establish a special project bank account and place
therein all funds allocated for project construction.
(state funds' allocated in support of project may be
· authorized for transfer to LOCAL SPONSOR upon receipt
of evidence that special project bank account has been
established and non-state funds required are deposited
therein, or will be deposited therein on an approved
basis. Such evidence shall be in the form of an
official Resolution of the Governing body of LOCAL
SPONSOR.)
(b) All expenditures made from the Special project bank
account shall be approved by the Governing body of
the LOCAL SPONSOR and in addition all expenditures
for contractual services relating to project con-
struction shall be approved by the project engineer.
Warrants for such expenditure shall contain the
signature of at least one elected official and a
designated employt~e of the LOCAL
46A ~.-
' F,r,'??':"::~ I,:'::,'-I t:: :'. j...' .... - ~'~~:,.; ..... ~.~.
~Z~:::~~: ~- I00 N.W. 1ST AVENUE 305/278-2841
- ~='-~ DELRAY BEACH, FLORIDA 33444
OZIE F. YOUNGBLOOB COUNCIL
~ebrua~ 13, 1973
Mr. W. T. Carlton, Chief
Bureau of Beaches and Shores
Department of Natural Resources
Larson Building
Tallahassee, Florida 32304
,Re:Contract - Erosion Control Pro~ect
,City of Delray Beach
Dear Bill:
"Enclosed herewith is a City - Department of Natural
Resources contract relative to the captioned project
which has been executed by the City and a certified
copy of the minutes of the Council meeting at which.
the contract was approved per instructions in your
February 5th letter. ..
I would' appreciate your returning a copy of the
contract to me after execution by the Department of
Natural Resources.
'Very truly yours, .
J.' ELDON MARIOTT
City Manager
JEM:nr
Encl
cc: Mr. Arthur Strock
46C
(c) No funds from the Special project bank account shall be
expended for any purpose other than the project as
approved by the Head of the Department of Natural
Resources at the time allocation of State Shpport funds
r~ceived approval. Any project contract change orders'
must be approved by the Department through the Bureau
of Beaches and Shores.
(d) The prdject must be advertised for bids in accordance with
established and acceptable procedures~ approved by .the
Bureau of Beaches and Shores.
(e) No contract shall be awarded for construction of the
project without approval of the Department of Natural
Resources acting through the Bureau of Beaches and Shores.
The LOCAL SPONSOR shall give the Bureau of Beaches and
Shores at least two (2) weeks notice of bid openings.
(f) Engineering for the project shall be by contract between
the engineer and the LOCAL SPONSOR, approved by the
Bureau of Beaches and Shores. The project engineer shall
be a professional engineer, registered in the State of
Florida. The engineer shall furbish all services usually
performed by an engineer, including regular inspections
of work performed and final inspection of the completed
project with ~itten certification that the project has
been completed in accordance with project plans and
specifications.
_ _ _ 46D
(g) The LOCAL SPONSOR shall keep a full and accurate record
of all official action taken regarding the project and
shall furnish the Bureau of Beaches and Shores certified
copies of all official minutes of meetings involving any
action pertaining to the project. The LOCAL SPONSOR shall'
make all records pertaining to the project available to
the auditor of the Department of Natural Resources upon
written request. When the project is completed, final
accounting shall be,accomplished promptly and the
,Department shall be furnished a copy of the final financial
report.
(h) The LOCAL SPONSOR agrees to indemnify and save'harmless the
State of Florida from any and all liabilities arising out
of this contract or work done pursuant to this contract.
In witness whereof the parties hereto have set their hands and seals the
day and year above written.
'. ATTEST: (LOCAL SPONSOR)
,, By
ATTEST: . DEPARTMENT OF NATU~ RESOURCES
(seal) BM
Executive Director
RESOLUTION NO. 5-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ORDERING THE OPENING,
GRADING AND PAVING OF THAT PART OF S. W. 7TH
AVEngE FROM S. W. 6TH STREET SOUT~%~ARD TO MEET
THE EXISTING PAVEmeNT APPROXIMATELY 300 FEET
SOUTH OF S. W. 7TH STREET.
WHEREAS, the City Council of the City of Delray Beach,
Florida, did,' on the 22nd day of January, 1973, adopt Resolution
No. 3-73, ordering the City Manager to prepare plans and speci-
fications, together with estimate of cost of opening, grading
and paving of that part 6f S. W. 7th Avenue from S. W. 6th Street
southward to meet the existing pavement approximately 300 feet
south of S.. W. 7th Street and requiring said plans, specifica-
tions and estimate of cost of such improvement to be placed on
file in the office of the City Manager; and
WHEREAS, the City Council deems it to be necessary for the
safety and convenience of the public to open, grade and pave said
street,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Delray Beach, Florida, that it is determined to make the
following described improvement, to-wit:
To Open, Grade and Pave that part of S.W.
7th Avenue from SoW. 6th Street southward
to meet the existing pavement approximately
300 feet south of S.W. 7th Street, the
total cost as estimated for such improvement
i BE-IT FURTHER RESOLVED that the entire cost of such improve- .-. ment shall be shared by the City of Delray Beach, Florida, and the
" following described properties in.Delray Beach, Palm Beach County,
Florida, on a basis of the City of Delray Beach paying twenty
(20) per cent of the cost of said improvement and the abutting
property owners, said properties shown below, paying eighty (80)
· per cent of said total cost, by special assessment.
PROPERTY.DESCRiPTiON ·
SUBDIVISION BLOCK LOTS
Rosemont Park 5 1 thru 4 .i
'Rosemont Park 5 5 "
Rosemont Park 5 6 and 7
Rosemont Park 5 8
Rosemoht Park 5. 9 thru 12
Rosemont Park 6 1
Rosemont Park 6 2
Rosemont Park 6 3 thru 6
46F
Page 2. Resolution No. 5-73.
PROPERTY DESCRIPTION
SUBDIVISION BLOCK LOTS
Rosemont Park 7 13
Rosemont Park 7 14
Rosemont Park 7 15
Rosemont Park 7 16
Rosemont Park 7 17
Rosemont Park 7 18 thru 22
Rosemont Park 7 23 and 24
Rosemont Park 8 19 and 20
· Rosemont Park 8 21
Rosemont Park 8 22
Rosemont Park 8 23. and 24
said benefits to be determined and prorated according to the front
f~otage of the respective properties as set forth immediately
above.
BE IT FURTHER RESOLVED that said speciaI assessments against
'all the parcels of lands as set forth above Which are specially
benefited, shall be and remain liens superior in dignity to all
other liens, except liens for taxes, until paid, from the date of
the assessment upon the respective lots and parcels of land
assessed, and which shall bear interest at the rate of eight (8)
per cent per annum, and which may be-paid in three (3) equal yearly
installments with accrued interest on ~11 deferred payments. Pay-
ment shall be made to the City of Delray Beach, Florida, at the
office of the City Tax Collector, and upon failure, of any property
owner to pay the annual installment due, or any annual interest
upon deferred payments, the City of Delray Beach may bring neces-
sary legal proceedings by a Bill in Chancery to enforce payment
"-~. · 'thereof with all accrued interest, together with all legal costs
incurred, including a reasonable attorney's fee. The total amount
of 'any liDn may be paid in full at any time with interest from the
."date of assessment.
IT IS ORDERED that the City Council shall sit at the City
Hall in the City of Delray Beach, Florida, at 7:30 P.M., on the
· 26th day of February, 1973, for the purpose of hearing objections,
'if any, on said proposed improvement, as set forth above.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, on this the 12th day of February, 1973.
MAYOR
ATTEST:
City Clerk
46G
RESOLUTION NO. 6-73.
A RESOLUTION OF ~E CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
EXECUTION OF AGREEMENT FOR A SANITARY SEWER
MAIN CROSSING THE FLORIDA EAST COAST ~AILWAY
COMPANY PROPERTY UNDER ITS TRACKS AT A POINT
LOCATED 1022 FEET NORTHERLY FROM RAILWAY'S
MILE POST NO. 316, AS MEASURED FROM JACKSON-
.VILLE, FLORIDA.
BE IT RESOLVED by the City Council of the City of Delray
Beach, a municipal corporation of the State of Florida, as
follows:
1. That the City of Deiray Beach, a municipal corporation
o~ the State of Florida, does .hereby contract and agree to enter
into an agreement with the Florida East Coast Railway Company,
wherein, and whereby, said City of Delray Beach is given the right
and privilege to install, construct and maintain a subgrade 8
inch cast iron gravity sanitary sewer main to be encased in a 16
inch steel casing pipe at a point located 1022 feet northerly
from Railway's Mile Post No. 316, as measured from Jacksonville,
Florida, and more fully described in License Agreement.
Said Location is shown on print as prepared by City Engineer's
Office, Delray Beach, Florida, and given Railway's Plan No. 317-3-
29, dated December 12, 1972, and is in the N.E. llth Street right-
of-way extended.
2. That the Mayor with the attestation of the City Clerk,
be and they hereby are authorized and directed to execute said
agreement for and on behalf of said City of Delray Beach.
3. That this resolution shall take effect immediately.upon
its passage.
PASSED AND ADOPTED this 12th day of February, 1973.
MAYOR
ATTEST:
46H
AGREEMENT
between
UNDERSEA MINING CORPO~TION
and
C TY OF DEL y B CH
T~is ~reement is mutually entered into this /~ day of
~~ , 1973, by and between Undersea Mining Corporation,
hereinafter called 'Contractor", and City of Delray Beach, hereinafter called
"Purchaser", for the location of magnetic ~omalies within the Borrow Area of
Se City of Delray Beach, Florida, Beach Restoration Project.
The Contractor agrees to furnish all manpower, equipment and vessel
to conduct a magnetometer survey as required by the Division of Archives,
History and Records Management, Department of State, State of Florida, as set
out in its letter of January 3, 1973 (Copy attached as E~ibit 1).
Contractor shall be responsible for Se placement of buoys, marking of anomaly
sites and preparing a pe~anent record tape. me Contractor shall further be
responsible for coordinating all of the survey activities with the Division
of Archives, History and Records Management.
II.
me survey shall commence on February 15, 1973, and be concluded
no later than March 15, 1973; subject to the conditions of the sea.
III.
The Purchaser agreez, for and in consideration of the Contractor's
perfo~ance under this ~reement, to pay it the sum of eight thousand four
hundred dollars ($8,400.00); to be paid ~ifty percent upon the execution of
this ~reement and fifty percent' upon completion of the survey.
IN WITNESS WHEREOF the parties hereto have set their hands'and seals
in execution of the foregolng ~reement they__ve ~itten.
/ ~nde~ea Mining Corporation
~/J. Eldon Mariott, Ci~ Manage~ City of Delray Beach
·