08-13-73 AUGUST 13, 1973
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chnmbers at 7:30 P.M. on
Monday, August 13, 1973, with Mayor James H. Scheifley presiding,
City Manager J. E/don M;ariott, City Attorney G. Robert Fellows, and
Council members Grace S. Krivos, J. L. Saunders, Leon M. Weekes and
O. F. Youngblood present.
1__m. The opening prayer was delivered by Mr. Ben Krivos.
.. Tnt Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular Council meeting of July 23, 1973
were unan~.mousty approved on motion by Mrs. Krivos and seconded by
Mr. Youngblood.
4.a. Mr. Weekes commended the Parks and Recre~ticn Department for
the condition of the grounds surrounding city Hall. He stated the
entire appearance was improved considerably.
Mr. Weekes asked if anything had been done concerning a
·
resolucmc~n of commendation for the contractor who completed the
beach restoration project. Mayor Scheifiey replied in the negative.
Mr. ~eekes suggested that the City Attorney be asked to prepare a
zc~o,z~.~.zu.~::~ co~m~_,.n~ 'Li~.~ co~Lrac'Loz for %he exi?e~m~mous manner
which he fulfilled his contract and the quality of the work which
he performed on behalf of the Cil:y and its citizens. Mayor Schemz_.ey
asked Mr. Fellows to prepare such a resolution.
4.b. Mr. Youngblood commended 'the Police Department for the fine
job they have been doing on street drinking in the black neighborhood.
Mayor Scheifley asked again that a sign be placed on the micro-
phone stating that all meetings are taped.
5.a. Mr. Erwin W. Kresser, 234 N.E. 17th Street, Delray Beach, spoke
from the floor concerning the needs of the beach area. Pie explained
the south beach has six lifeguards and stairs to the beach while the
north beach has no lifeguards and no access to the beach. Mr. Kresser
also discussed the parking situation, the grass area, and the need
for more supervision. Mayor Scheifley stated a program was being
started to i~nprove the beach in many areas. He requested Mr. Kresser
give his suggestions to the City Manager.
5.b. Mr. Weston Thomas spoke from the floor concerning the lack of
sufficient police officers in Delray Beach. He expressed his astonish-
ment at the paucity of citizens attending the meeting after articles
appeared in the newspapers drawing attention to the break-ins and lack
of police personnel to hand.~e the problem. He stated he found it
difficult to believe that no one was interested including the City
Manager and the Mayor and furt%er suggested that at least four more
policemen be hired. He did commend the present police force for their
134 ~'
work. Mayor Scheifley acRnowledged Mr. Thomas:' complaints and stated
the administration and Council ere attempting to reach a solution in
this particular problem. The City Manager also stated that he would
offer some remarks on this subject under It.em 6D, presentation of the
Budget, on the Agenda. Mayor Scheifley reiterated that the Council
is vitally interested in the problem and plan %o do all possible to
alleviate it.
5.c. Mr. LeRoy Merritt, Chairman of the Dov~nto%n~ Development Author-
ity, presented a document enti-~ted Central Business District to the
Council. He stated after numerous consultations with the City Attorney,
the Planning and Zoning Bo~.rd, %he Development Authority and all per-
sons concerned, the various groups Nave come to a mutually agreeable
program. He stated he hoped an ordinance would be adopted which would
govern the Central }3usiness District. ~,~layor Scheifley referred the
project to the next ~./orkshop meeting, stating he would like Mr.
Merritt to attend~
6.a~ The City Manager informed Council ~.hat ~&n appointment should
be made to the Housing Board of Adjustments and Ap~emls to fill the
unexpired term end~,ng October 12~ 1975 of recently deceased member
Nick J. Fmvitta. Council discussed this matter at the workshop meeting
of August 6th and a?zeed on the name of Fred S. Mc_Duffy. Mr, Saunders
moved that Fred S. [~i~uffy be appointed to serve the unexpired term,
seconded by Mrs, Krivos and passed unmnimoumly.
6.b. The City Manager reported on the public hearing held by the
Palm Beach County Ares~ Planning Board mt the Courthouse on August
8th concerning the Water Quality Management Plan. City Manager Ma~iott
~v~w~ .~h~ .~-,l~--'m ¥,-,--ir-~:lv ~-,~-n't--j~'~cr ~h~t e~r]v ~hJ_~ year the Palm Beach
Area. Planning Board a.n~ its consultant, Bishop and Associates, ccm-
piled a draft of a Water Quality [~anas_ment Plan for Palm Beach County
which is another te.~Bn for sewage treatment and disposal. After
receiving tn~ reports from the Area Planning Board, Delray Beach
form~alized its plans for their plant. The City Manager pointed out
that as the plan now stands, Delray Beach wculd be required to treat
the sewage and dispcse of the effluent not only from the Delray Beach
service area ex~endmng to the turnpike, but also from the service area
of Boynton Beach. At another public hearing in March, the Council
accepted the responsibility of this project. City Manager Mariott
stated he had prepared a document, copies of which were provided to
Council, that went to the City of Boynton Beach and to the two communi-
ties within our service area, Gulfstre~n and Highland Beach, saying in
essence that Delray Beach w~s prepared to live up to its responsibili-
ties with regard to %he project being 5ssigned to us by the Water
Quality Management Plan a~nd asking those communities to take certain
actions. Copies of that com~nunication were distributed to all of the
proper officials. A few days later, the final public hearing was held
on the final copy of the program and this still calls for Delray Beach
to treat the sewage and effluent of Boynton Beach. The final plan
now sets forth five alternate proposals for operations as follows:
1. To follow the 1972 APB Plan which was discussed here
at City Hall.
2. For the designated cities in Palm Beach County to
wholesale sewage treatment service to others within
their designated service areas.
3. For the County to take over responsibility for treat-
ment of all sewage in the County and the disposal
of the effluent.
4. Intralocal authority.
5. To create an area-wide authority whose membership would
be determined by the legislation setting up the author-
ity to be responsible for all sewage in the County and
disposal of the effluent. This is the plan that was
recommended by the Consultants, Bishop and Associates.
The City Manager stated it appeared as though this
proposal has the sanction of at least the Area Planning
Board staff.
City M~nager Mariott expressed to the Area Planning Board staff
concern about their apparent effort to extend their proposal beyond the
1972 Area Planning Board Plan to which Council had given sanction, and
wondered out loud, so to speak, where it was all going to stop. Con-
siderable discussion followed concerning the areawide plan and future
plans. City ~qannger M~riott stated the final decision would be made
by Environmental Protection Agency with recor~%~endations by the De-
partment of Pollution Control. Council decided to make their position
kno~,~n~ in writing after holding a workshop meeting on the subject.
6.c. The City Manager recommended that Change Order No. 2 relative
to the Beach Restoraticn Contract with C. F. Bean, Inc. be approved.
The City M~nager stated Change Order No. 2 is for the pumping of an
additional 40,000 cubic yards of sand at a cost of $51,200 for the
creation of a ber.~n for a distance of about 2,600 lineal feet along
State I-Iighw~y A1A. Approval of this Change Order would increase the
total contract amount to ]Bean Company from $1,864~000 to $1,9!5,200.
This will be thc final billing ~o bc received. ~a¥or Scheif!ey ~sked
if the berm are~ would be sodded and was infoznned by the City Manager
it would not. Mr. Saunders moved that Change Order No. 2 on the beach
restoration contract be approved, seconded by Mr. Youngbiood and
passed unanimously. (Copy of Change Order No. 2 attached to these minutes.)
6.d. The City Manager presented the proposed 1973-74 budget to
members of the City Council and read excerpts from his budget message.
The proposed budget is $8,976,320 and includes 58 new employees, 14 of
which are for the Police Department. Mayor Scheifley suggested most
of the specifics and questions be held for workshop. He did point out
that most people were very interested in the proposed millage which
involves a reduction from 11.8 mills for 1972 to 9.6 mills for 1973
which includes bonded indebtedness. The City Manager added that the
reevaluation by the County Tax Assessor's office made possible the
proposed millage cut.
7.a. The City Manager announced the Annual Conference of Florida
League of Cities is to be held October 26 and 27, 1973 in Miami. He
recommended that a voting delegate be appointed to represent the City.
Mr. Saunders asked Mayor Scheifley if he ple~ned to attend to which
the Mayor replied in the affirmative. Mr. Saunders then moved to
appoint Mayor Scheifley as the voting delegate, seconded by Mr. Weekes
and passed unanimously with Mayor Scheifley ab.staining.
7ob. City Manager Mariott stated a letter has been received from
the F[strict Supervisor, Bureau of Blind Services, requesting the
issuance of a gratis business license for the 1973-74 fiscal year,
-3-
8-].3-73
136
beginning October 1, 1973, for the continued operation of a snack bar
by th.e Bureau of P!J.n(l Services at tl}e South County Comple):. He
furtNer stated the C:~',nty is at{iempting t.o expand the building and
move the snack bar inside as soon as possible. Hr. Saunders moved the
gratis license be gr~nted, seconded by Mrs. Krivos and passed unani-
mously.
7.c. The City Manager informed Council that a petition has been
received for annexation of approximately 3.32 ~cres Subject to ~-15
zoning local;ed in 41-%e N,or~h }i of Section 28-46-43, said tract of land
being bounded on the eas-h by SCa'Ce Road AIA, on the west by the Intra-
coastal Wa~zerway and between ~oiender St?eat ex%ended and Banyan
Drive extended. The applicant is Hr. John W. Spinner. It is recom-
mended that the req~es% be referred %o the Pie.nning end Zoning Board
for study an{ recenmend~rtion. Mr. Youngblood so moved, seconded by
Mr. Weekes and passed u}~animo~sly.
!-~.~ City Manao'er P[a.riott stated a ~om,.k..~.~c~.t_on has been received
from the Community Clhcs~ services toques hi.hq DermissJ. ente solici%
funds in the City be[~ween February 8 and Feloruery 22, 197~ This
approval has been recc'mmended by the Selicikations Committee.
Sounders moved Februerl~ 8 ehrongh Pebruery 22~ ].974 be green-ted to the
Community Ches~h for the Community Ches{~ Drive, seconded by Mr. Young-
blood and passed unanimeusiy.
7.e. Mayor Scheif]ey acknowledged receipt of %Ne minutes of the
Beautification Committee for %he August l, 1973 meeting.
The City M~.nager presented Resolution No. 34-73.
A RESOLU'.e!ON 0F Till CI~ COUNCII, OF THE CITY
OF DE,elY' I?EACH AUTi~IORIZING tgfD DIN~C?ING J.
E~ON P3. RIOTT, CITY [~iNAGER, T0 }.~KE APPLICA-
TION FOR PEDEY%IL ASSISTANCE U~)ER PUBLIC ~W
92-500 CONSTRUCTION G~ANTS PROG~L%M.
(Copy of Resolution No. 34-73 is attached to the official copy
of %hose minutes.)
City Manager Mariott stated this Resolution simply authorized
the City to file for Federal fun~s, l~{r. Weekes moved for the adoption
of Resolution No. 3z~-73, seconded by Mrs. Krivos and passed unenimously.
8.b. The City Manager presented Resolution No. 35-73.
A RESOLUTION OF THE CI~ COUNCIL CE THE CI~ OF
DELRAY BEACH, FLORIDA, RELATIVE TO ~E ~ED FOR
ES'~BLISIiP~NT OF A PUBLIC TRANSPORTATION SYSTEM
IN DEEPLY F3EACH.
(Copy of Resolution No. 35-73 is at%ached to the official copy
of these minutes.}
City Manager Marioet si:ated at the August 6 workshop meeting
regarding pu'blic transportation for Delray Beach, Mr~ John Pippin
requested the Council %o go on record voicing some sort of sanction
of the concept of public transportation for Deiray Beach. Council
indicated they would like ~o sanction the program al%hough, they would
like to leave entirely open the option with regard to any financial
-4-
8=13-73
137
participnhion. Mr. Weekes noted that this action reaffirmed the
position the city Council ~ook in 1971. After discussion, Mr.
Weekes moved the adoption of Resolution No. 35-73, seconded by Mr.
Saunders and passed unanimously.
8.c.. The City Manager presented Resolution No. 36-73.
A RESOLUTION OF TtIE CITY COUI~CIL OF THE CITY
OF DELRAY BEACH, FLORIDA~ AUTHORIZING THE
EXECUTION OF THE TP=AFFIC SIGNALS ~JIINTENANCE
AGREE~ENT BETWEEN %~IE STATE OF FLORIDA DEPART-
~fENT OF TRANSPORTATION AND THE CITY OF DELRAY
BEACIt.
(Copy of Resolution No. 36-73 and attached agreement are
attached to the official copy of these minutes.)
Mayor Scheifley stated this agreement approved installation
of a traffic signal at the intersection of Federal Highway (State Road
5) and Linton Boulevard. The City Manager stated under the terms of
the agreement, the Department of Transportation is to furnish and
install traffic signalization at this intersection. The City is to
be responsible for maintenance. The City Manager stated approval
for the Resolution was reco~%m~ended. Mr. Youngblood moved the approval
of Resolution No. 36-73, seconded by Mr. Saunders and passed unanimously.
8.d. The City Manager presented Ordinance No. 23-73.
AN OPdDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELP~AY BEACH, FLORIDA, A~,~ENDING SECTION 9-1.1
OF C~PTEK 9 "BUiI~iNG CODE" OF T~ CODE OF
ORDIN~2~CES OF THE CITY OF DELF~AY BEACH BY ADOPT-
ING THE 1973 EDITION OF T~{E SOUTPiE~ STANDARD
GAS CODE AS COMPII~D BY 57!E SOU55-IEP<N BUILDING
CODE CO~[GRESS; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDI~IG A
SAVING CLAUSE; PROVIDING A PENALTY CLAUSE.
The City Manager stated the City is now operating under the
1969 Edition of the Southern Standard Gas Code. It is recommended that
Ordinance No. 23-73 be placed on first reading, which, when finally
adopted, would place in effect the ].973 Edition of the Southern Standard
Gas Code. Mrs. Krivos moved for the passage of Ordinance No. 23-73 on
first reading, seconded by Mr. Youngblood and passed unanimously.
9.a. The City Manager presented a report from the Planning and
Zoning Board recommending denial of a request that the City annex a
tract of land consisting of approximately 28.5 acres at the northwest
corner of Davis Road and Lateral 33 Canal located in the southwest
corner of the southeast quarter of Section 18-46-43 subject to RM-15
zoning. Council then, at a workshop meeting held on August 6, reviewed
Planning and Zoning Board's proposal and informally decided to place
the item on this agenda with the idea of sustaining the Planning and
Zoning Board's recommendation. Mr. Youngblood moved to sustain the
Planning and Zoning Board's recommendation, seconded by Mr. Saunders
and passed unanimously.
-5-
8-13-73
138
].0.a. The following t~ills for Approval were unanimously approved
for payment on motion by Mr. Wee'kes and seconded, by Mr. Youngblood.
General Fund ............. $ 712,289.53
Water and Sewer Fund ........ 425,377.87
Special Assessment Fund ....... 533.00
Utility Tax ~und ........... 5, 4.59.60
Refundable Deposits Fund ....... 7,729.00
Cemetery Perpetual Care Fund ..... 1,435.00
Beach Restoration Fund ...... 1,344,343.50
Improvement Trust Fund ...... 6,003.83
Lowson Blvd. W&S Project Fund .... 163.99
10.b.1. The city Manager requested the City Clerk to read a letter
from Attorney John Ross Adams.
"City Councilmen
City of Deiray Beach
Delray '~
Beach, Florida 33444
Re: Windemere Apartments
Gentlemen:
This is to again advise you that I represent Mr.
Robert E. Archer, the developer and corporate manager
of the Seafields South Apartments, South Ocean Boule-
vard, Delray Beach, Florida.
The purpose of this letter is to officially place
the City on constructive notice that tile construction
of the south wall on the property line of the Windemere
Apartments is going to create a potentially dangerous
and serious n~^~'~ ~'~ of n,~,lray Be~ch in the
,..,~-~.,_~.~. to 'the ~ ~ ~
future o
I have discussed the matter with the City Attorney
and the Building Official and both have expressed that
in their opinion the City is in no position to alter
this block wall since it has already been approved by
a Site Plan Approval.
I again remind you that this street is only 18 feet
wide and it would appear to me that an amicable settle-
ment could be worked out. However, the developer has
persistently refused to answer letters from myself, Hr.
Archer, and Mr. Richard Hanna, the architect.
Yours very truly,
sd/ John Ross Adams
John Ross Adams"
CC: Mr. Robert E. Archer
Tile City Manager recommended, that receipt of the letter be
acknowledged and authorized to be filed.
10.b.2. The City Manager stated the City Attorney would like to talk
with Council about retaining legal counsel. The City Attorney reported
that the city has been ]laving difficulty with the Congress Avenue
Baptist Church not complying with the City's Building Code. He
recommended Mr. Bruce Daniels of Lesser, Lesser & Daniels of West Palm
Beach to handle the case for the City. }te }]as recomraended an injunction
-6-
8-13-73
action be taken agair~st the church to force them to comply with Lhe
buildir, g standnrds and s~fety that are necessary for school children
and people in assemb!y~ M~yor Sche~f].ey acknowledged Mro Daniels
who spoke briefly recommending the City 'ask for a mandatory injunction
requiring the removal of those buildings that have been placed on the
property without a b~ilding permit. Mr. Daniels recommended the City
proceed on its own and if the Health Department wants t.o file its o~
suit, the City probably would have no objection. He recommended the
issue be kept as simple as possible in order for the City to easier
obt~ain its injunctive relief. Mayor Scheifley stated the question
was whether or not to retain Mr. Daniels to represen% the City in
this action. Mrs. Krivos moved ~-o retain the services of Mr. Daniels
to represent the City in an injunction suit againsh i~he Congress Avenue
Baptist Church. Mr. Weekes seconded the motion which passed unani-
mously. It was verified by Council tha-h the intent of the motion was
to proceed with the injunction immediately.
The meeting was adjourned at 8:40 P.Mo
APPRO~D -' ~ · ~
8-13-73
139A
CONTPACT FOR
BEACH RESTORATION PROJECT
DELRAY BEACH, FLORIDA
(Commission No. 1728)
CHANGE ORDER NO. 2 July 17, 1973
Cos% Per Time Per
Item Item
A. Increase quanity of sand
excavation and placement from
Bid Total of 1,300,000 cubic
yards (Total from Change
Order No. 1) to total of
1,340,000 cubic yards at unit
price ($1.28) as .specified
in Bid Item 3. $51,200.00 No Change
TOTAL (Add to Contract) $51,200.00 0
Commission No. 1728 --
Original Contract $1,658,000.00 120 days
Change Order No. I 206,000.00 0 days
Change Order No. 2 51,200.00 0 days
31,915,200.00 120 days
APPROVED BY:
ARTHUR V. ST~OCK & ASSOCIATES, INC. CITY OF DELP~AY BEACH
\,..,.// /
Arthur V. ?rock~. ~.'Eldon ~ariott, City ~a~a~er
C. F. BEAN, INC.
/~1 Sch~Xnai~er, Vice President
ARTHUR V. STROCK & ASSOCIATES, INC. - Consulting Engineers - Land Surveyors - Deerfield Beach, Florida
139B
RESOLUTION NO. 34-73.
A RESOLUTION OF T~E CITY COb-NCIL OF THE
CITY OF DELPCAY BEACtt AUTHORIZING AND
DIRECTING J. ELDON ~IARIOTT, CITY MANAGER,
TO MAKE APPLICATION FOR FEDEIGAL ASSISTANCE
UI~DER PUBLIC LAW 92-500 CONSTRUCTION GR~ANTS
PROGPJ~M.
WHEREAS, the City of Delray Beach, Florida, proposes to
construct a waste water treatment plant, interceptors, lift sta-
tions and force mains for abatement of pollution; ~nd
WHEP~EAS, it is deemed necessary and advisc~ble to seek
federal assistance and/or state assistance for such construction;
NOW, THEREFORE, BE IT RESOLVED BY Tt~E CITY COUNCIL OF
THE CITY OF DEL~QAY BEACH, FLORIDA:
1. That J. Eldon Mariott, city Manager, be and he is
hereby authorized to execute and file an application on behalf of
the City of Delray Beach with the Environmental Protection Agency
for assistance under Public Law 92-500 sewage construction grants
for the construction of a waste w~ter treatment works.
2. 5~nat J. Eldon Mariott, City Manager, be and he is
hereby authorized and directed to furnish such information as the
Environmental Protection Agency may reasonably request in connec-
tion with the application which is herein authorized to be filed.
PASSED A~D ADOPTED in regular session on this the 13th
day of August, 1973.
ATTEST
City Cle r~/
139C
RESOLUTION NCo 35-73.
A RESOLUTION 0!? TIlE CITY C()I~:~CIL OF ']N'!E CI[~f OF DEL~Y
BEACit, FLORIDA, RRLAT!V'E TO Tile KEED FOR ESTAI~LISHP~NT
OF A PUBLIC T~NSPORTATiON SYSTEM IN DELIQAY BEACIt.
WIIEREAS, there exists in the city of Deiray Beach an immediate
need for public transporhation: and
Wt~,REAS, the City Council of the City of Delray Beach by adoption
of Resolution No. 23-71 on June t4, 1971 indicated that it felt there
exist:ed a need for a countywide public transportation system; and
WHEREAS, the County Commission of Palm Beach County subsequently
on June 22, 1971 estabt, is.hed a county-wide transportation authority;
and
~'~IEREAS, the City Council of the City of De].ray Beach has recent!~?
been requested by representatives of the Palm }3each County Trans-
portation Authority Advisory Bce. rd and by o'thers to se. nction the
institution of a public 'transportation ..... ~-'~ ' .~
~y,~.em ~n Dclrav Beach, with
connection to north-south routes for the purpose of providing intra-
city t.r~nsportetion service~
NOW, THais,E-ORE, BE ~x~,SOIAqaD THE CITY COUNCIL OF ~ CITY OF
DELILAY BEACH, PLOR~A, AS FOLLOWS:
SECTION 1. ~]is City CeuncJ.! commends the Palm Beach County
~ .... ~ ~ ~"~ ~ ....... ~ ....... t'''~-''~ ~/~ ~ ty .wid ~ ........... -~e~e~ ..... ~m ....
ity on June 22, 1971.
SECTION 2. This City Council has been told and believes that there
is a need for public transportation service within the corporate limits
of Delray Beach.
SECTION 3. This City Council agrees to continue full cooperation
with the County, its agencies and representatives and others toward
the goo. 1 of obtaining public trnnsportetion service to serve the
people within the corporate limits of the Ci'hy of De!ray Beach in
accordance with mutually agree~le temas ~d conditions.
PASSED A}~ ~OPTED in regular session on this the 13th day of
August, 1973.
City Cler~
139D
RESOLUTION NO. 36-73.
A RESOLUTIO?~ OF TIIE CITY COUNCIL OF TLrE CITY
"i? ~" -F _
OF DELRAY BEACIt, ~I,Oz~_~DA, AUTHORIZING TItE
EXECUTION OF THE 5'FJ%FFIC SIG:ALS ~.LAINTE:ANCE
AGREE[.~E:T BE~'~EEN THE STATE OF FLORIDA
DEPARTMENT OF TI%XNSPORTATION AND THE CITY OF
DEL}bAY BEACI!.
WT{EREAS, the City Council of the City of Delray Beach
deems it in the public interest to maintain and pay electrical
costs for the o~}erntion of a traffic signal locate~, at the inter-
sectJ, on of Federal Highway (State P, oad 5) and Linton Boulevard
describcd in Exhibit "A" to said agreement, and accordingly to
enter into the attached agreement with the State of Florida
Department of Transportation,
NOW, THEREPOP, E, BE IT RESOL\rED BY 5:~E CITY COU~NCIL OF
THE CI~Ff OF DELPJ~Y BEACH AS FOLLOWS:
1. That the City Council of the City of Delray Beach
concurs in the provisions of that certain agreem, ent attached
hereto, pertaining to maintaining a traffic signal installation
described in Exhibit "A" to that agreement.
2. That the City Council of the City of Delray Beach
autho:~ize the said agreement to be executed by a legally designa-
ted officer of this Public Body.
~ASSED Ah~D ADOPTED in regular session on this the 13th
day of August, 1973.
SEC] lt,t dOB SR OI'[I~A1 ~O,la COUNTY. .. I.IUNI C,I PAL I TY
930] 0 551.0 5 Palm Beach Del,'a)' ] c,~ h
· .'. TRAFFIC SI.G,I;L_5
TItI$ AGREr'=l,El~T,' re. ada and entered into this day of
, 19 ~, by ~,,u between the State of Florida
Department ,of Transportation: an Agency of the S~,~e of Florida, hereinafter
called the "Department" ar:d the C5t7 of I)elT~,v
FLO~iIDA, hereinafter ca'tle'~ *be "Public Body."
' N I T N E S S E T
NtlEREAS, the construction and maintenance of a traffic signal, or signals,
is necessary for the safe and eiFicient highway transportation at the location
or locations as described in Exhibit "A", attached hereto; and
.~,~uxi>~.f~ the Pu~b'li~ L~ody, by ~]u=qen t~ched and made ~ p~t
h~s determined that it ~s in the public ~nterest for the Public Body to ~ssume
the responsibility for maintenance and electrical power costs ~ncurre~ ~n the
operation of sa~d signal installation'
NOi,l, ~ttEP. EFO~tE, .TltIS IllDEIF[URE WiTiiESSETH' That ~n consideration of the
premises and the mutual covenants contained herein ~o be undertaken by the re-
spective part~es hereto, the p~rt~es and each of them, mutually agree and covenant
as fol Iows: ·
1. That the traffic s~gnal or s~gnals as described ~n Exh~t "A", attached
ker-e~o and made a part hereof, will be so designed that the functional design of
the ~nstallat~on and ~ts components w~ll be lnutt~ally acceptable to the part,es
hereto, and will be installed under Depal'tment supervisi'on, with the actual me~hod
of con~truc[ion and f~nancing determined by the Department's policies, budget, and
agreemen~ or agr[,ements. .which it may have with this or another governmental
relating to.the financing a~(t const~.:ction thereof.
2, lhat ti~e Public [~,ody shall, upon comp'll:tion of the ~nstallat. ion and
acceptance by the parties hereto, as.sume the sole responsibility for the
maintenance and continuous operation of said signal inst~llation and the pay-
~nt for all costs for electricity and e.lectric~l':d~arges:incurred in connection
with the operation'thereof.
3. The Public Body shall maintain the signal' installb, tion' in accordance
witi~ Dei~artment polici&s and to a level of mai ntenance, that'-will'provide minimum
)~azard to moven~ent of traffic. In this regard the' Public:Bbdy. shall record
maintenance activities relative to said traffic', signal' installation to a "De-
partment o'F Transportation Traffic Signal I.~ainten;nce_Log~' or:an approved
equivalent log.
4-. That the equipment shall remain the: pro~erty of(the:-D~partm~nt, and it
.is hereby u'nderstosd and agreed by the parties hereto, that'.tbs..Public Body may
remove an3; ' ~ ~ ~
compon~n~ of the installed equip,,~=nt fbr-repair-'but'.the~Public Body
shall not~ under any condition, permanently remo~'a~the:mai~-fPame:of-the control
unit ~Fit?~out the express written permission of the Department..'
5. I.t is ex?essly understood and agreed by the parties'hereto that tlm
wirin~ of the cabinets and t}~a timing of the si'gnaTs will'be such that the traffic
will be proRerly handled at the time of the~compl'etion of'the.installation of the
signals. Necessary rectifications in timing or minor circuity may be made by J~
Public Body to accommodate ti-~e changing needs of traffic but the Department re-
serves the right to examine the equipment at any time, and after due consulta-
tion with the parties hereto, specify timing and phasing that will provide a safe
'and e>:peditious traffic flow in the state higi~,,vay system.
6. The Public Body shall not modify ti~e equipment to provide additional
phases' or intervals witho~t written permission from the'Department.
7. The Public Body hereby agrees to indemnify, defend, save and hold harm-
less the Department for all claims, demands, liabilities and suits of any natu~-e
whatsoever arising out of, because of, or due to the breach of this agreement by
the ~'ublic DodyF its agents or employees, oF due to any act or occurrence or
oln'~ssic)n or co~nmission of the Public t;ody, its agents or employees. It' is
, spec'~fica'lly understood and agreed that this indemnification agreement does
not cover or indemnify thebepartn~ent~or its agents or employees, for its own
..negligence or breach of conLract.
8. It is mu~f~ally agreed that the Department's Director' of Rbad]OperationsL
shall decide all,...qucstions, difficulties and disputes of any nature:whatsoever
that may arise under, or by reason of this agreement, the. prosecution and ful--
fillment of the services hereunder and the character,: qual'ity,, amoun~and value.
thereof; and his decision upon all claims~ questions and' disputes: shall'be, final'
and conclusive upon the parties hereto.
9~ It is'understood and agreed by the parties hereto tha. t this;agreement-
shall remain in force during the life of the originally inst,,led equip,,,~nt'
.and any replace~ent equi;~:ent installed by th~ ~nutual conse~t 'of'the]-parties
· hereto, provided however that add'$tinnal or replace~ent'
installed wholly at the ~=~,..,~ .... of the Public Body i'n accordance' with this'pro=-
vision shall re,ha'in the property of the Public Body. "
!~.I t~T~,~'C~ ,'~=~nF= the ~arties hereto have caused th~se presents to be
,~ecuted, the day and year first above written.
I~ITI~ESSES: STATE OF- FLORIDA
DEPARTb',EI~T OF T?U',:~SPORTATIO~;
.- ·
BY:
Director of Adn~inistration
BY: (SEAL)
As to tile Del)artn'~ent Executive Secretary
PUBLIC BODY
BY:
Title:
ATTEST: (SE;,L)
As to the l'ublic
Apl~roved' ' · Approved as to form, legality
Director of Road Operations and execution.
'-- 1(-1(-1~jT{7~-1%-) (-l~7-tT.')-- As s :; tan t At Lorney .
..... 139H
~o
lhis Exhibit "A" forms an intcsral part of that certain Traffic. Signals
aintenance A~re~nt b~t~,~en th~ State of Florida Pepartment of'TransFortation~
and the City of Delta)' ]~eacb, I~]orida '
Da'ted ....... ,.19._. .
93~10-3510 S '~,~,E, ]_2th Str~r~t '