03-12-73 MARCH 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, March 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 Dr. Warren J. Nubern
of the Lakeview Baptist 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 February 26, 1973 were
unanimously approved on motion by Mrs. Krivos and seconded by Mr.
Youngblood.
4.a. Mrs. Kr~vos relayed to Council the appreciation of Mr. Ted
Ballas, owner of Delray Bowling Lanes, for the fine cooperation of
the City and of Clayton Construction Company in providing access
roads to his place of business during recent construction on S.Eo 1st
Avenue and S.E. 4th Street.
4.b. Mr. Youngblood reported to Council on the State Convention
of the Florida League of Cities. He stated there was a fine atten-
dance and the major trend of action for the municipal governments
would be to unify the city efforts into regions. Delray's region
will extend from St. Lucie County to Monroe County. It was the
consensus of opinion that State and Federal funds for pollution
problems could be better handled by regionizing the municipalities
rather than distributing funds locally.
4.c. Mayor Scheifley explained the construction in the Council
Chambers was due to remodeling to enable the City Manager and City
Attorney to be better heard and seen by the public.
4.d. Mayor Scheifley read a Proclamation proclaiming April 13 and
14, 1973 as Poppy Days. The Proclamation was accepted by Mr. Joe
Carden of the Veterans of Foreign Wars, O'Neal-Priest Post No. 4141,
who thanked the City and Council for their past cooperation and
requested their future help in this cause.
4.e. Mr. Youngblood announced to the audience a meeting that would
be held at the Rec=eation Center which would include a forum discus-
sion and films concerning Sickle Cell Anemia. He requested everyone
to attend and to follow up by having as many children as possible
checked to ascertain the possibility of the traits of Sickle Cell
Anemia being present.
4.f. Mayor Scheifley announced Mrs. Clarence Plume, League of
Women Voters, was not present, but had requested that he announce
a meeting to be held Wednesday, March 14th, at 8:00 P.M. in the City
Hall Council Chambers, and another meeting Thursday, March 15th, at
10:00 A.M. to discuss the revision of the City's election procedures.
The City Council has asked the League of Women Voters to make a study
of the present election processes, and this will be discussed at the
meetings. Mayor Scheifley urged all of the public to attend.
after which it would be executed, forwarded to the Corps of Engineers,
approved by them and copies returned to the City. Mr. Mariott
responded positively to Mr. Saunders' question concerning whether or
not the permit was in order. Mr. Saunders moved that Council author-
ize the Corps of Engineers permit, seconded by Mr. Weekes and passed
unanimously.
6.b. The City Manager stated the following bids have been received
by the City for the paving of S.W. 7th Avenue between S.W. 6th Street
southward to meet the existing pavement approximately 300 feet south
of S.W. 7th Street:
Bidder Bid
Hardrives of Delray, Inc. $14,529.00
Delray Beach
Rubin Construction Company $15,165.58
West Palm Beach
Council ordered this improvement be done by adoption of Resolution
No. 9-73 and it is recommended that the contract be awarded to the
low bidder, Hardrives of Delray. Mr. Youngblood moved that the
contract be awarded to the low bidder, Hardrives of Delray, Inc.,
in the amount of $14,529.00, seconded by Mrs. Krivos and passed
unanimously.
6.c. City Manager Mariott informed Council that the terms of Mrs.
Eleanor Gringle as a regular member and Mr. James L. Love, Jr. as
an alternate member of the Board of Adjustment will expire on March
15, 1973. Mr. Weekes moved that Mrs. Eleanor Gringle be appointed
as a regular member of the Board of Adjustment and Mr. Tore Wallin
be appointed as an alternate member of the Board of Adjustment.
The motion was seconded by Mr. saUnders and passed unanimously.
7.a. The City Manager stated that last year the Council granted
an extension of time for use of a mobile home as a snack bar at the
South County Complex. Council notified the County Commission by
letter on March 3, 1972 that it was recommended the snack bar be
relocated inside the complex. Commissioner Warren informed Mr.
Mariott that the County presently has plans to expand the South County
Complex and it is the County Commission's plan to include this con-
cession inside the building once the expansion is completed with an
expected completion date of two years. Under these circumstances,
Mr. Mariott recommended the extension date for the trailer be granted.
Mr. Youngblood moved that an extension of one year be granted ending
March 22, 1974, seconded by Mr. Saunders and passed unanimously.
7.b. Mr. Mariott reported that Maple Leaf Apartments, part of
Lot 11, Block 1, Model Land Company's Subdivision of West 1/2 of
Section 21, Township 46, Range 43, is requesting annexation subject
to RM-20 zoning. The applicant is Double D Land Development Corpora-
tion. Presently RM-20 zoning exists on two sides of the property
and it is recommended that the matter be referred to the Planning
and Zoning Board for further study and recommendation. Mr. Weekes
moved that the matter be referred to the Planning and Zoning Board
for study and recommendation, seconded by Mr. Saunders and passed
unanimously.
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3-12-73
7.c. The City Manager stated a petition has been received for
annexation of Lots 1, 2, 3, 10, 11, 12, A, B, C, D, E and F, Block
6, Sohpia Frey Subdivision and Lot 5, First Addition to Kenmonto
He stated the land in question is bounded on three sides by Palm
Trail, N.E. 8th Street and the Intracoastal Waterway. The applicant
is Mr. Alphons Bach who is asking that this property be annexed to
the City subject to RM-15 zoning. It is recommended that this request
be referred to the Planning and Zoning Board for study and recommenda-
tion. Mr. Saunders so moved, seconded by Mr. Youngblood and passed
unanimously.
7. d. The City Manager informed Council that Mr. William H.
Nicholls has requested a zoning change from RM-10 to RM-15 on Lots
8 and 9, Section 29-46-43, lying west of Dixie Highway between the
FEC Railway tracks and Tropic Palms. It is recommended that the
request be referred to the Planning and Zoning Board for study and
recommendation. Mr. Youngblood so moved, seconded by Mr. Weekes
and passed unanimously.
7.e. The City Manager reported receiving a petition for aban-
donment of the north-south alley between N.E. 7th Court and N.E.
8th Street in the first block east of the FEC Railroad from Mr. F.
Earl Wallace, Jr. and Mr. J. D. Stetson Coleman. It is recommended
that the request be referred to the Planning and Zoning Board for
study and recommendation. Mrs. Krivos so moved, seconded by Mr.
Youngblood and passed unanimously.
8.a. The City Manager presented Resolution No. 12-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRA¥ BEACH, FLORIDA, ACCEPTING ALL SANITARY
SEWERS INSTALLED IN THE SUBDIVISION OF DELRAY
ESTATES AS OPERATIONAL AND SETTING THE INITIAL
SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE
IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED
BY SAID SANITARY SEWERS.
(Copy of Resolution No. 12-73 is attached to the official copy of
these minutes. )
The City Manager stated the City was in receipt of Engineer-
~Rg Certification that the subject sewer lines meet all city require-
ments, plans and specifications. It is recommended that Resolution
No. 12-73 be adopted. Resolution No. 12-73 was adopted unanimously
on motion by Mrs. Krivos and seconded by Mr. Youngblood.
8.b. The City Manager presented Ordinance No. 5-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION
29-5, CHAPTER 29 "ZONING" OF THE CITY'S CODE
OF ORDINANCES PERTAINING TO BUILDING HEIGHTS
AND SETBACKS IN THE RM-10 ZONING DISTRICT.
The City Manager stated the Ordinance basically does two things. It
separates the RM-10 and RM-15 requirements thus making it easier
with which to comply. The only change in substance is the new
definition for the building height. The ordinance as now proposed
-4-
3-12-73
would place a limitation of three floors on heights of buildings that
may be constructed and that would include parking. Considerable
discussion took place concerning the number of floors allowed under
RM-15 zoning with the result that Ordinance 5-73 was passed unani-
mously on first reading with the understanding it would be thoroughly
reviewed and might possibly be changed. Mr. Weekes so moved, Mr.
Youngblood seconded and the motion passed with the above stipulation.
8.c. The City Manager informed Council that Ordinance No. 6-73
requesting annexation of Lot 8, Lake Shore Estates, has been with-
drawn by the applicant.
9.a. The city Manager informed Council that the plat for the City's
proposed Beach Restoration project had been approved by the' Planning
and Zoning Board by a 5 to 1 vote. Mr. Saunders moved that Council
ap~_v_ e the plat for the Beach Restoration project, seconded by Mr.
Youngblood and passed unanimously.
9.b. City Manager Mariott reported to Council that the Planning
and Zoning had approved the site plan for construction of the Church
of the Living God on Lots 27, 28 and 29, Block 5, Atlantic Gardens,
at the corner of S.W. 1st Street and S.W. llth Avenue. Mr. Youngblood
moved that the site plan be approved by Council, seconded by Mrs.
Krivos and passed unanimously.
9.c. The City Manager informed Council that the Planning and
Zoning Board unanimously approved the site plan for Sabal Pines South,
located in Section 30, Township 46 South, Range 43 East, southeast
corner, east of and adjacent to the east side of the E-4 Canal and south
of Germantown Road. This plan consists of 352 dwelling units. Mr.
Saunders moved for the approval of the site plan for Sabal Pines South,
seconded by Mrs. Krivos and passed unanimously.
9.d. The City Manager informed Council that the Planning and
Zoning Board unanimously approved the site plan for Villa Del-Aire,
located in the South 1/2 of Section 19, Township 46 South, Range 43
East, west side of the E-4 Canal between S.W. 10th Street and S.W.
12th Street. This project consists of 685 dwelling units. Mr. Young-
blood moved that the site plan for Villa Del-Aire be approved,
seconded by Mr. Weekes 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 .............. $253,252.43
Water and Sewer Fund .......... 77,531.75
Cigarette Tax Fund ........... 17,057.72
Utility Tax Fund ............ 45,440.00
Improvement Trust Fund ......... 44,929.85
Beach Restoration Fund ......... 4,200.00
Federal Revenue Sharing Fund ...... 640.00
Lowson Blvd. W&S P~ject Fund ..... 275.00
10.b. The city Manager presented Resolution No. 13-73.
A RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY
LIGHTING AGREEMENT FOR THE ADJUSTMENT, RELOCATION
AND/OR INSTAToT.ATION OF A CERTAIN LIGHTING SYSTEM
WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DES-
CRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL
TAKE EFFECT.
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3-12-73
61
would place a limitation of three floo~;s on heights of buildings that
may be constructed and that would include parking. Considerable
discussJ.on took place concerning the nu]~ber of floors allowed under
RM-15 zoning with the result that Ordinance 5-73 was passed unani-
mously on first reading with the understanding it would be thoroughly
reviewed and might }possibly be changed. Mr. Weekes so moved, ~4r.
Youngblood seconded and the motion passed with the above stipulation.
8.c._ The City Manager informed Council that Ordinance No. 6-73
requesting annexation of Lot 8, Lake Shore Estates, has been with-
drawn by the applicant.
9.a. The City Manager informed Council that the plat for the City's
proposed Beach Restoration project had been approved by the Pl5nning
and Zoning Board by a 5 to 1 vote. ~lr. Saunders moved that Council.
approve the plat for the Beach Restoration project, seconded by
Youngblood and passed unanimously.
9.b. City ~anager ~Iariott reported to Council that the Planning
and Zoning had approved the si'he plan for construct:ion of the Church
of the Living God on Lots 27, 28 and 29, Block 5, Atlantic Gardens,
at the corner of S.W. 1st Street. ~.nd S.W. llth Avenue. Mr. Youngblood
moved that the site plan be approved by Council, seconded by Mrs.
Krivos and passed unanimously.
9.c. The City [{anager inform, ed Council that the Planning and
Zoning Board un~nimous!y approved the site p!en for Sabal Pines South,
located in Section 30, Tomq]ship 46 South., Range 43 East, southeast
corner, east of and adjacent 'to the e~st side of the E-4 Canal and south
of Ge~m~anto~,~ Road. This pl~ consists of 352 dwelling units. ~,~r.
Saunders moved for the approval of the site plan for Sabal Pines South,
seconded by Mrs. Krivos and passed unanimously.
9. d. The City ~danager informed Council that the Planning and
Zoning Boa. rd unanimously approved the site p!a~n for Villa Del-Alta,
located in the South 1/2 of Section !9~ To%..~ship 46 South, Range 43
East, west side of the E-4 C~nal bet~.zeen S.W. 10th Street and S.W.
12th Street. This project consists of 685 d%,~'elling units. Mr. Young-
blood raoved that the site plan for Villa Bet-Lire be approved,
seconded by Mr. Weekes and passed unau~imously.
10.a. The follo~...~ing Bills for Approval were unanimously approved
for payment on motion by ~[r. Youngblood and seconded by Mr. Saunders.
General Fund ........... , . . $253,252.43
Water and Se%.;er Fund .......... 77,531.75
Cigarette Tax Fund .......... 17,057.72
-
Utility Tax Fund ............ 45,440.00
Improvement Trust Fund ......... 44,929.85
Beach Restoration Fund ......... 4,200.00
Federal Revenue Sharing Fund ....... 640.00
Lowson Blvd. W&S Project Fund ..... 275.00
].0.b. The City Manager presented Resolution No. 13-73.
A RESOLUTION AUTHORIZING E)~CUTION OF A ~iYGIB~AY
LIGtITING AGREE~IENT FOR T}IE ADJUST~IENT, RELOCATION
AND/OR ][NSTALLATIOL OF A CEI{TAIN LIGIITING SYSTEM
WITItIN ~£IIE RIG]IT-OF-WAY LI~4ITS HEREAFTER DES-
CRIBED, AN]) PROVIDING ~%qIEN TIIiS F, ESOLUTION SIDILL
TAKE EFFECT.
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3.-]_2-73
¸. 62
The City Manager explained that 31 street lights were
involved in the area on South Federal where the curve is to be par-
tially straightened. It is recom~mended that the City enter into
an agreement with the Department of Transportation for street
lighting as this agreement ~.;ould save the City 'approximately $971.00
per year. Mr. Weekes moved that Resolution No. 13-73 be adopted,
seconded by l¥1r. Saunders, and passed unanimously.
10.c. City Manager Mariott infoznned Council that a request has been
made that the City contribute $600 toward the replacement of the
dilapidated backboards on the basketball courts of Delray Beach
Elementary School. These courts are used as much by non-students
during non-school hours as they are by students during school hours;
therefore, it is recommended that Council authorize the expenditure
of $600 for this purpose v£nich '~;ould be t~ken out of the budget funds
of the Department of Recreation. Mr. Weekes moved the authorizatJ, on
of $600 for the replacement of the backboards~ seconded by Mr.
Saunders and
pao~ea unanimously.
10.d. MD. yor Scheifley ~_nnouncad that he had received a memorandum
from Mr. ~.~.ariott stating that Steve Reel, Area Planning Board Staff
member, would be willing to attend the March 19th workshop meeting
on the Boynton sewage arrangements for the purpose of answering
questions. Council agreed it would be very helpful to have Mr. Reel
attend and an invitation would be extended.
10.e. Mayor Scheifley informed Council that the Delray Beach Kiwanis
Club had re~aested Council to suggest a speaker on the topic of
annexation to be scheduled any time during April, May or June. Mayor
Scheifley suggested that two speakers be offered so both the pros
and cons of annexation would be presented, lie asked Council to
offer him their ideas on the request as soon as possible.
10.f. Mr. Youngblood commended the group who attended the meeting
concerning the zoning on West Atlantic Avenue and asked that more
people attend Council meetings.
lO.q. Mrs. H. Ruth Pompey, 1122 N.W. 2nd Street, Delray, spoke
from the floor questioning the status of sewers in Delray and par-
ticularly in her area. Mayor Scheif!ey informed Mrs. Pompey that
with the $5,000,000 sewer bond a sewer treatment plant would be built
that would ~ccommod~te approximately 95% of the City by April, 1975.
Mr. Mariott informed the audience that 'the sewers in Delray Estates,
the ~re~ to which Mrs. Pompey was referring, had been built at the
expense of the developer ~nd the City had no part in the developraent
of this project.
10.h. Mr. Weekes welcomed to the meeting Mr. Doug Hopkins and
asked him to return.
10.i. Mr. Chuck Bytheway, President of Tropic Palms Home Owners
Association, spoke from the floor expressing the displeasure of the
Association concerning the zoning ckange requested on land west of
Di':ie Highway between the FEC R~ilway tracks and Tropic Palms. M~yor
Scl~eifley suggested that Mr. Bytheway contact Mr. Andy Gent to deter-
mine when this item would appear on the Planning nnd Zoning Board's
agen~ and attend the meeting when it is considered.
The meeting was adjourned at 8:45 P.M.
6la
RESOLUTION NO. !2-73.
A RESOLUTION OF Tf~ CiTY COUNCIL OF TI-IE CITY OF
DELF~AY BEACfI, FLORIDA, ACCEPTIIfG ALL ST~NITARY
SEWERS INSTALLED IN THE SUBDIVISIOi~ OF DELP~A¥
ESTATES AS OPEPJiTiOtqAL Ai~qD SETTING Tile INITIAL
SCHEDULE OF RATES, FEES AA~3 OiTIIER CHARGES TO BE
IMPOSED FOR THE SERVICES AND FACILITIES FUR-
I~ISHED BY SAID SANITARY SEWqERS.
WHEREAS, the City Engineer has certified as operational
all Sanitary Sewers and related facilities as shown on the Pre-
liminary Plat of Delray Estates as presented by the developer,
~nd previously approved by the City of Delray Beach; and,
WHEllEAS, it is deemed to be in the best interest of the
affected properties that the initial schedule of rates, fees
and other charges to be imposed for the services and facilities
furnished by the Sewer System, as set forth and contained in
Resolution No. 1359 and in Article III, Sanitary Sewerage,
Chapter 27 of the Code of Ordinances of the City shall become
effective the first day of April, 1973,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That all Sanitary Sewers and related facilities
installed in the Subdivision of Delray Estates are hereby
accepted by the City as being operational and the initial
schedule of rates, fees and other charges previously established,
and applicable thereto, shall become effective April 1, 1973.
2'. That nothing herein contained shall be construed as
discharging the developer from the strict performance of his
remaining contractual duties. That the developer and his bond
remain responsible in all respects until released in accordance
with his agreements with the City.
PASSED AND ADOPTED in regular session on this the 12th
day of March, 1973.
ATTEST:
City Clerk~'
6lb
F'OI~M 722-63A STATE OF FI..ORIDA DEPARTMEI"IT OF TRANSPOETATION
7-7, mv,sJo, oF .o~
..~ , o~', CITY RESOLUTION
HIGHWAY LIGHTING AGREEMENT
COUNTY SECTION UTILITY JOB NO. ~TATE ROAD NC). COUNTY NAME PARCEL & R/W JOEl NO.
93 010 6510 5 Palm Beach 2 NA
A RESOLUTION AUTItOtllZING EXECUTION OF A HIGHWAY LIGIITING AGREEMENT FOR
TIlE ADJUSTMENT, RELOCATION AND/OR INS'FALLATION OF A CERTAIN' LIGtlTING
SYSTEM XXqTIIIN TItE RIGWI'-OF-WAY LIMITS ItEREAFTER DESCRIBED, AND PROVIDING
WHEN TItIS RESOLUTION StIALL TAKE EFFECT.
RESOLUTION NO. 13-73.
ON MOTION OF g4~t~gq¢'¢~/(Councilman) Leon M. Weekes , seconded by
~/q~(Councilman) Jack L. Saunders , the folloMng Resolution was
adopted:
WHEREAS, the State of Florida Department of Transportation has located and ~roposes to
construct or reconstruct a part of the Highway Lighting System located on State Road
AND WItEREAS, the State of Florida Department of Transportation ha~4ng requested the City
of D~lr~y ~C~ , Florida, to execute and deliver to the State of Florida
Department of Transportation a Joint Project Agreement for tlighway Lighting, providing for joint
responsibilities of the Department and the City, and said request ha~4ng been duly considered,
NOW TtfEREFORE, BE IT RESOLVED by the City g~d~f~ (Council) of the City of
~.De!ray B~ach , Florida, that the Mayor and Clerk (City Manager)be'and
they are hereby.authorized and directed to make, execute and deliver to the State of Florida
Department of Transportation a Itighway Lighting Agreement for the adjustment, relocation, and/or
installation of a certain lighting system within the Bight of Way ~mits of ~id State Road
..... 5 , Section. 9301a-65~0
BE IT FURTHER RESOLVED that this Resolution be forwarded to the State of Florida
Department of Transportation at TaHahassee, Florida.
INTRODUCED AND PASSED by the City q~fg~ff~ (Council) of the City of
Delray Beach , Florida, in regular session, this
12th day of ~arch ,19
-~ · 61c
FORM '/22-26A STATE OF FLORIDA DEPARTb~.ENT OF TRANSPORTA'i'ION
~.-'3' I DIVISION OF ROAD OPEI,~ATIONS
.^G~, oF :~ JOINT PROJECT AGF{EEMENT
HIGHWAY LIGHIING
(Municipal)
COUNTY SECTION UTILITY JOB NO. STATE ROAD r40. COUNTY NAME PARCEL & R/W JOB NO.
93 OlO 6510 5 Palm Beach 2 NA -
made and entered into this .... ~da~
of TillS AGREEMENT, .... , 197___ ~, by and between the STATE
FLORIDA DEPAtlTMENT OF TRANSPORTATION, hereinafter referred to ~s tbe DEPARTMENT,
and the CITY OF DEL?,AY BEACH , a municipal, corporation, hereinafter
referred to as the CITY.
WITNESSETH:
WttEREAS, the CITY by Resolution adopted on March 12, 1973 , has
requested the DEPARTMENT to purchase and install a ttighway L~ghting System on that portion of
State Road No. 5 ' described as From 3. o~ SE ]2 St. rqi. n~-~,, ~!vd.
7'o ri. of SE 12 St. Llnton Blv6elray Beach
in Palm Beach County, Florida,
AND 11q{EREAS, the DEPARTMENT is constructing, reconstructing or otherwise chan~ng a
.portion of thc lighting system designated by the .DEPARTMENT as Job
No. 93910-55~0 ,RoadNo. -. 5 . between $, of $[ ~2
and N. of SE 12 St. , which shall call'for the adjustment,
relocation and/or installation of ltighWay Lighting facilities along said highway,
AND WHEREAS, the DEPAi~TMENT and the CITY' have determined that it would be to the
'best interest of the general public and to the economic advantage of both parties to enter into a
JOINT PROJECT providing for such work,
NOW, THEREFORE, the premises considered, and in con~4deration of the sum of One Dollar
each to the other in hand paid, the receipt whereof is hereby acknowledged, and in further considera-
tion of the mutual covenants hereinafter contained, it is a~eed by the parties as follows:
1. The DEPARTMENT agrees to prepare plans and specif:,eations for the work involved, and
advertise for bids for the equipment and materixls. The decision as to the type and make of equipment
purchased will be the DEPAR, TMENT'S sole responsibihty.
2. All of the work on the lighting system is to be done according to the plans and
specifications of the DEPAR[ lENT which plans and specifications are, by reference hereto, made a
part hereof. The DEPARTMENT will be responsible for perfor~ning the completed installation.
3. The DEPARTMENT will pro;4de the necessary engineering supervision to assure
construction is in comphance with the plans and specifications hereinabove referred to, and will
perform the final inspection of the completed project.
4. The CITY a~ees that the equipment of the lighting system dud[ remain the property of the
DEPARTMENT, and it is hereby understood and agrc,:d that the CITY shall not, under any condilion,
remove the equipment which is the st~bject matter of this Agreement for any reason without
pernfission and written consent of the DEPARTMENT.
61d
5. The CITY further agrees upon completion of thc installation, to assume sole responsibility
for the mainten~nce of said lighting system in accordance with the DEPARTMENT'S policies anti
"Standard Specifications for tlighway Lighting ."
6. The CITY further agrees to be responsible for thc payment of all cost for electrical power
and/or other electrical charges incurred in connection with the operation of the completed lighting
system.
7. The CITY shall defend, ~tve and hold harmless the DEPARTMENT from any and all legal
actions, claims or demands by any person or legal entity against the DEPARTMENT arising out of the
participation in this Agreement by thc CITY or use bv the CiTY of the completed lighting system.
g. All services and work under the construction contract shall be performed to the satisfaction
of thc DEPAI~TMENT'S State Highway E~Ginecr, and he shall decide all question}s, difficulties and
disputes of whatever nature, which may arise under or bv reason or such contract for highway
hglfling: the prosecution a~(1 fulfillment of the services thereunder, and the character, quality, amount
and value thereof: and }tis decision upon all claims, questions and disputcs thereunder shall be final
and conclusive upon the parties hereto.
IN WITNESS WHEREOF, the parties hereto have eafised this instrument to be duly executed, the
day and )-ear first above written.
STATE OF FLORIDA
WITNESSES: DEPAWI: lENT OF TRANSPORTATION
BY:
Director of Administration
ATTEST. .(SEAL)
As to the DE?ARTMENT Executive Secretary
DELRAY BEACH
CITY OF , FLORIDA
City Cler~
Approved as to Form, Legality attd Execution
STATEOF FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
Assistant Attorney
iii Ill
61e
' ~ 1~ i * "' ~ ' ~ i~" '-"~ '
:Fro~, CITY ENGINEER Date: ~arch 12,1973
Wo,. CITY ~ANAGER Subject: Street lights-S. Fed, Ht~y.
____~A_t_tached is the letter from Mr. Bart d, Conti of DoO.T.
D~.O~_L~.ngi~ao~lnstall the street lights on South Federal
Hig~my_~hro_u~u~h~. prD__posed net:, construction north and
.... ~ ~t o.~B l~ d,
As_p~~%~_di~_cu~_sd~th you~this agreement ~ould
~~to be very advantageous to the City. It provides that the
D~~]~~o~_~_rship of all installations~but that
~]l~_~moc_e a~_~e charges ~ould be the responsibility
Th~y~~~~~v~!v_e~,. Th~ Florida Po~r and Light
R~ar _~ppro~a~f th~~w~by Council,.~ letter ~ill
/
61f
I,'IA~ 7 1973
Florida -', ' . '\-,,, Department of Tra. nsportation
REUBIN O'D, ASKEW ~'~ WALTER L. REVELL
GOVERNOR SECRETARY
Division of Road Operations
P. O. Box 22838
Fort Lauderdale, Fla. 33315
March 5, 1973
Mr. Elliot Mariot
City Manager
City of Del ray Beach
lO0 NW First Ave.
Del ray Beach, Fla. 33444
RE: Section 93010-6510, State Road: 5, Palm Beach County
Parcel 2 (R/W MA) From S. of SE 12 St. to N. of SE
12 St. B.I. 418042
Dear Mr. Mariot:
At the present time the Department of Transportation is designing the
lighting for the subject project. Attached to this assembly is one set
of preliminary lighting plans and five sets of lighting agreements that
will be required on this project. We would appreciate if you execute all
copies and return to this office for our further handling. We will furnish
you final lighting plans and agreements as soon as they are executed by
our Tallahassee office.
Your usual cooperation in this matter will be §reatly appreciated.
Yours very truly,
Bart O. ~nti ~ '
District Utility Engineer
BJC:J~ :sw
cc: Mr. E. M. Salley, State Utility Engineer
Mr. John Wilson, Distric[ Traffic Operations Engineer