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01-24-72 JANUARY 24, 1972. A regular meeting of the City Council of the city of Delray Beach was held in the Council Chambers at 7:30 P.M., with Mayor James H. Scheifley in the chair, city Manager J. Eldon Mariott, city Attorney G. Robert~ Fellows and Council Me~bers Grace S. Martin, J. L. Saunders, Leon M. Weekes and O. F. Youngblood being present. t. The Opening Prayer was delivered by Mr. LeRoy W. Merritt, President of the Police Benevolent Association, and chairman of the Delray Beach Down-. town Development Authority. 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 10, 1972, were unanimous- ly approved, as amended twice, on motion by Mrs. Martin and seconded by Mr. Saunders. 4. At Mrs. Martin's request, Mr. LeRoy W. Merritt came to the microphone. Mr. Merritt, in behalf of the Police Benevolent Association, present- ed a watch to Captain James Grantham in appreciation for his 30 years of dedicated service with the Delray Beach Police Department. Inscribed on the watch was "With Gratitude for 30 Years of Service, From the PBA, January 24, 1972". A delegation of Policemen and Special Policemen were present to witness the presentation. 4. Mr. Weekes reported that he had received several calls regarding the condition of. the East Side Swimming Pool and asked the pool's status. The city Manager reported that certain parts are needed to make re- pairs to the pool, and that after these repairs are made, the pool will be back in operation. Mr. Weekes requested that the debris be removed from the pool. 4. Mayor Scheifley read a PROCLAMATION proclaiming Friday and Saturday, February 25 and 26, 1972 as POPPY DAYS for the purpose of soliciting funds by the Sherman Williams Auxiliary Unit No. 188 of the American Legion. 5. Mr. Ernest Schier, 1017 Bay Street, reported that there is a lot of rub- ble on the Beach between Ingraham Avenue and Casuarina Road which is a haz- ard to people using the Beach. He suggested that at low tide, the life- guards, as they did last year, or a city work crew, remove the rubble from the Beach. This matter was referred to the City Manager. .. 5. In behalf of himself and other residents of the Alberta Beale Apart- ments, 90 S. E. :~5th Avenue, Mr. Sydney C. Low reported that for some time their apartments have been flooded with human waste due to the blockage of ~he City's sewer line in the alley directly behind their apartments. After talking with a City official, he was advised to appear before Council and bring this matter to its attention. This matter was referred to. the city Manager for investigation and to take whatever steps are necessary to correct the situation. 5. Mrs. Ruth Pompey, President of the Francis J. Briqht Women's Club, said that the Club had addressed a letter to the Council Members and the city Manager relative to the safety and protection of the Black hcmes, especially during the working hours of ~che day. She pointed out that the members of the Club, as citizens, are aware that there may be a shortage of .r~oney and revenue, but that they have been told, and also have read, that the President and Congress propose to sup- plement cities in supplying police protection. In behalf of the Club, Mrs. Pompey asked that Council m~ke provisions in the Budget for better protection for the Black People in the Western Sector. 6.a. city Manager Mariott reported that a public hearing was held by Coun- cil at its December 27, ].971 meeting on the opening, grading and paving of the portion of N. Eo 3rd Avenue lying North of N. E~ 22nd Street, a dis- tance of 230 feet extending North from the South line of Lot 3, Block 7, Seacrest Park Subdivision to a width of 24 feet and terminating in a 60- foot cul-de-sac. Also, at the request of one of the petitioners, Resolu- tion No. 42-71 authorizing this improvement, was not adopted following the Public Hearing as the petitioner wished to explore other means of hawing the improvement made. The City Manager said he .was informed that the petitioners want the City to consider authorizing the improvement, and he recommended that the following Resolution be adopted. RESOLUTION NO. 42-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING Tt~ CITY MkN-~ AGER TO PROCEED WITH THE OPENING, GRADING AND PAVING OF. THAT PORTION OF N. E. 3RD AVENUE LYING NORTH OF N. E. 22ND STREET, A DISTANCE OF 230 LINEAL FEET EXTENDING NORTH FROM THE SOUTH LINE OF LOT 3, BLOCK 7, SEACREST PARK SUBDIVISION AND TERMINATING IN A CUL-DE-SAC. (Copy of Resolution No. 42-71 is attached to the official copy of these minutes.) Resolution .No. 42-71 was unanimously passed and adopted on this first and final reading, on motion by Mr. Saunders and seconded by Mr. Youngblood. The city Manager presented the following bids received for this im- provement and recommended that the contract be awarded to the low bidder, Hardrives of Delray, Inc., in the 'amount of $4,562.00 and that this pro- ject be financed via the normal special assessment procedure. BIDDER B ID Hardrives of Delray, Inc. Delray Beach, Florida $4,562.00 Dixie Asphalt Company West Palm Beach, Florida $4,828.60 The contract was unanimously awarded to the low bidder, Hardrives of Delray, Inc., in the amount of $4,562.00, as recommended, on motion by Mr. Youngblood and seconded by Mr. Saunders. Council unanimously accepted two right-of-way deeds needed to construct the project, one being for the West 10 feet of Lot 15, Block 11, Seacrest Park Subdivision, and the other for the East 10 feet of Lot 1, Block 7, Seacrest Park Subdivision, on motion by Mr. Saunders and seconded by Mr. Youngblood. 6.b. The City Manager reported that pursuant to Council authorization, plans and specifications were prepared, and the following bids were re- ceived for the construction of a public restroom facility in Knowles Park. BIDDER B ID Floyd J. Griffin, Inc. Delray Beach, Florida ~10,981.55 Hawkins & Mouw, Inc. Delray Beach, Florida $12,900.00 He recommended that the construction contract be awarded to the low bidder, Floyd J. Griffin, Inc., in the amount of $10,981.55. He also -2- 1-24-72 recommended that an additional $3,000 be transferred from the General Fund Contingency Account, from which $8,000 had been transferred some time ago, in order to provide the $11,000 needed for this improvement. The contract was unanimously awarded to the low bidder, Floyd J. Griffin, Inc., in the amount of $10,981.55, with an additional $3,000 being transferred from the General Fund Contingency Account, on motion by Mr. Saunders~ and seconded by Mr. Weekes. 6.c. James J. Priest and R. C. Keen were unanimously reappointed on the Building Code Appeal Board as Members at Large for four-year terms expir- ing February 12, 1976, as recommended by the Board, on motion by Mrs. Martin and seconded by Mr. Saunders. 6.d. A Public Hearing was held to consider the following proposed amend- ment to the Charter of the city of Delray Beach: A~.~ ACT RELATING TO THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AF~NDING CHAPTER 71-604, SPECIAL LAWS OF FLORIDA, SAME BEING THE CHARTER OF DELRAY BEACH DOWNTOWN DEVELOP- MENT AUTHORITY BY AMENDING SECTION 3, COR- RECTING THE LEGAL DESCRIPTION BY CHANGING A WORD FROM EAST TO WEST. There being no objection to said proposed amendment, the city Attorney was unanimously authorized to take whatever actions are necessary in con- nection with the implementation of Resolution No. 2-72 adopted by Council on January 10, 1972 with respect to the modification of the Delray Beach Downtown Development Authority Act, on motion by Mr. Saunders and seconded by Mrs. Martin. 6.e. The city Manager reported that since all of the city's utility bill- ing and payrolls have been converted to the IBM system, the city has no further need for the graphotype, used to cut addressograph plates. The Police Benevolent Association has requested that the City donate this piece of equipment to it for use in connection with their addressograph equipment. The city Manager sa'id this graphotype was purchased in January, 1957, at a cost of $1,453.35, and recommended that Council donate this equipment to the Police Benevolent Association together with any blank addressograph plates, frames or cabinets that they may use.. The graphotype, blank addressograph plates, frames or cabinets needed were unanimously donated to the Police Benevolent Association, as recom- mended, on motion by Mrs. Martin and seconded by Mr. Youngblood. 6.f. City Manager Mariott reported that in compliance with Section 169 of the city Charter, a proposed assessment roll is bein'g presented for Council's consideration. These assessments result from the opening, grading and paving of the North-South 16-foot alley in Block 1, Rosemont Park Subdivision to a width 6f 16 feet. This improvement, previously authorized by Council, has now been completed at the total cost of $5,773.00 and the city Manager recom- mends approval of the Assessment Roll. The Assessment Roll was unanimously approved, as presented, on motion by Mr. ¥oungb!ood and seconded by Mr. Weekes. (Copy of 'said Assessment Roll is attached to the official copy of these minutes.) 6.g. The city Manager reported that in compliance with Section 169 of the City Charter, a proposed assessment roll is being presented for Council consideration. These assessments result from the opening, grad~·ng and pav- ing of ~he Southerly Half of S. W. 6th Street between S. W. 8th and 5th Avenues, and said improvement, previously authorized by Council, has now been completed, the total cost of same being $5,465.00. The city Manager recommended approval of said Assessment Roll. -3-- 1-24-72 The Assessment Roll was unanimously approved, as presented, on motion by Mr. Weekes and seconded by Mr. Youngblood. (Copy of said Assessment Roll is attached to the official copy of these minutes.) 7.a. A request for rezoning of a parcel of land containing approximately 35 acres lYing in tke Southwest Quarter of Section 19-46-43 located between Dover Road, extended, and Homewood Boulevard, extended, with 1,326.71 feet fronting on the North side of S. W. 12th Street, from RM-1 (Multiple Fami- lY Dwelling District) to C-2 (General Commercial District), submitted by Place Au Soleil, Inc., Robert C. Reed, President, with William F. Koch, Jr., Authorized Agent, was unanimously referred to the Planning and Zoning Board for study and recommendation, on motion by Mr. Saunders and second- ed by Mr. Youngblood. 7.b. Council was informed that on November 18, 1966, Mr. ~ohn B. Ambrose posted a cash bond of $12,000 with the city, which bond and accompanying agreement, authorized .by Council on November 14, 1966, assured the con- struction of sidewalks, on the North and South sides of Poinsettia Boulevard in Sudan Subdivision, as well as that portion~of Davis Road lying within the Subdivision. The city Manager reported that extensions of time to this agreement had been granted by Council, the last being at its January 11, 1971 meeting, granting a one-year extension from November 18, 1970 to November 18, 1971. He said that a request has been received from Judge Ambrose for an additional one-year extension of said agreement and he recommended that it be granted. A one-year extension of said agreement t~eginning November 18, 1971, and ending on November 18, 1972, was unanimously granted, as recommended, on motion by Mrs. Martin and seconded by Mr. Weekes. Since the original Bond was posted, the portion of Davis Road lying within that Subdivision has been paved and the Bond reduced to $6,000 to cover sidewalk construction. Judge Ambrose said that this may be his last request for an extension of his agreement, as he is now making arrangements to obtain a building permit and to have these sidewalks constructed in the near future. 7.c. City Manager Mariott reported that several months ago the city Beau- tification Committee recommended that the city place the overhead electric lines in front of city Hall underground, estimated cost of same being $1,000. Council deferred action with respect to authorizing that this be done until a determination could be made as to whether other groups in town would participate in the estimated $1,00'0 cost. The City Manager said that a letter dated January 11, 1972 from the Parley of Garden Clubs of Delray Beach, addressed to the city Beautifica- tion Committee, advising that the garden clubs have voted to contribute $500 toward the cost of placing the wiring underground, has been received by the city. He recommended that Council determine at this time whether it wishes to authorize this installation, with the remaining $500 estimated cost to be paid by the city from its General Fund Contingency Account. Following a question as to how many feet of wiring would be under- ground, the City Manager reported that it would be for the entire block, North of the City parking lot South' to the fire station. Authorization for the placing of the electric lines underground was unanimously approved, with the Garden Clubs contributing $500 of the $1',000 estimated cost'and the city paying the remaining portion of $500, said funds to be taken from the General Fund Contingency Account, on mo- tion by Mr. Weekes and seconded by Mr. Youngblood. Mayor Scheifley asked the city Manager to send a letter to the Parley of Garden Clubs thanking them for this fine gesture and cooperation. 7.d. Receipt of the Beautification Committee Meeting m.inutes dated January 12, 1972 was acknowledged by the Mayor. -4- 1-24-72 8.a. city Manager Mariott presented ORDINANCE NO. 44-71. AN ORDINANCE OF THE CITY COL~ICIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNq~XING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTIONS 13 AND 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID cITY; REDEFINING THE BOLrNDARIES OF SAID CITY TO INCLUDE SAID LA~-DS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVID- ING FOR THE ZONING THEREOF. (Copy of Ordinance No. 44-71 is attached to the official copy of these minutes.) Council was informed that the Public Hearing on this Ordinance was held at the last regular Council meeting, January 10, 1972. Ordinance No. 44-71 was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mr. Saunders. 8.b. The city Manager presented ORDINANCE NO. 1-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE ADOPTION OF THE SOUTHERN STANDARD BUILDING CODE; SOUTHERN STANDARD BUILDING CODE, PART II GAS; NATIONAL ELECTRIC CODE; FIRE PREVENTION CODE; SOUTHERN STANDARD HOUSING CODE; AND SOUTHERN STANDARD PLUMBING CODE BY DELETING ANY REFERENCE TO ADOP- TION OF FUTURE AMENDMENTS TO THE CODES AND UP DATING CODES TO CURRENT EDITIONS. Following a question by Mrs. Martin, Mr. Roy Reid, chief Building Official, said that the passage of this Ordinance would not in any way be lowering the City's standards but would be updating the city's code by adding the new Codes that are now in existence. Ordinance No. 1-72 was unanimously placed on first reading, on motion by Mr. Saunders and seconded by Mrs. Martin. 8.c. The city Manager presented RESOLUTION NO. 3-72. A RESOLUTION ORDERING AND PROVIDING FOR THE HOLDING OF A BOND ELECTION IN THE CITY OF DELRAY BEACH, IN THE COUNTY OF PALM BEACH, FLORIDA, ON THE QUESTION OF THE ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS OF SAID CITY FOR BEACH IMPROVEMENTS. (Copy of Resolution No. 3-72 is attached to the official copy of these minutes.) At the Mayor's request, the city Clerk read the Resolution in full. Mayor Scheifley pointed out that there would be other items on the Ballot in addition to the Presidential Preference Primary and the City's General Obligation Bond issue in the March 14th election. Resolution No. 3-72 was unanimously passed and adopted on this first and final reading, on motion by Mr. Weekes and seconded by ~Ir. Saunders. It was decided to consider three other items at this time in respect to the beach erosion program and the general obligation bond issue. (1) The City Manag-er said that Reynolds Securities, Inc., represented by Mr. Stanley E. Ross, has been the City's Fiscal Agent for son]e time. He then read a letter dated October 13, 1971 from ~r. Ross with a proposal -5- 1-24-72 concerning duties and fees in regard to a proposed $5,000,000 water and sewer Revenue Bond issue. He said he had discussed the $2,000,000 general obligation, bond issue with Mr. Ross, and Mr. ~oss informed him it would be agreeabl~ to him and his company to represent the City on this issue under the same te~ns and conditions as set forth in the October 13th letter with only one modification, that being where he quotes a fee of 3/10 of one per cent for the first $5,000,000 of the principal amount of bonds issued and sold, plus 1/10 of one per cent of the principal amount thereof in excess of $5,000,000; provided, however, that the minimum fee for each sale shall be not less than $7,500. The City Manager said that since this general obligation bond issue would only be $2,000,000, the minimum fee would be $7,500. He recommended that Mr. Stanley Ross of Reynolds Securities, Inc., be designated as the City's Fiscal Agent for the $2,000,000 general obliga- tion bond issue, under the terms and conditions as proposed. It was so moved by Mr. Youngblood, seconded by Mr. Saunders and unanimously carried. (Copy of said letter dated October 13, 1971 from Stanley ~oss of Reynolds Securities, Ibc., is attached to the official copy of these minutes.) (2) Concerning the retention of an Engineer for general engineering ser- vices in regard to the beach program, the City Manager said that members of Council had been furnished copies of a proposed agreement between the City and the firm of Arthur V. Strock & Associates, Inc., and that he recommends approval of that agreement as submitted to them subject to the three following modifications. 1. To paragraph 3.h., Page 1, the following words are to be added. "..., including off-shore sand and magnetometer surveys." 2. To Article 3, Paragraph 3, Page 2, the following words are to be added. "(Fee to be prorated based on construction costs.)" 3. Add a new Paragraph, 3.d., to Article 3, Page 2, to read as follows: "3.d. The City: 1. Shall pay for services referred to in paragraph 3h, page 1 and paragraphs 2 and 3c, page 2. 2. May terminate this agreement on or after March 15, 1972 upon payment for all Engineering ser- vices performed under paragraph 3, 3a and 3b, page 2, such payment not to exceed $35,000 if the agreement is terminated on March 15, 1972." During general discussion by Council Members and explanation by the City Manager of the modifications to the Strock Agreement and certain functions covered in said agreement, Mayor Scheifley asked if the $69,000 proposed expenditures are authorized by Council could they eventually be paid from the bond funds if the bond issue passes. He specifically re- ferred to the $35,000 item for engineering services. The City Manager said that the City Council has that option; further, that the program officially approved by Council on January 10th makes pro- vision for reimbursement of Item 5 Expenditures with bond issue funds, al- so if money is obtained from the State or County, or both, for application to Item 5 Expenditures, that money could be used and could be counted against those agencies' total participation when that total participation has been determined. Mr. Saunders moved to authorize the proper City officials to execute a contract with the Arthur V. Strock firm accord~.ng to the copies of the contract received and to the modifications as outlined by the City Manager. The motion was seconded by Mr. Youngblood and upon roll call, Mr. Saunders, -6- 1-24-72 Mr. Weekes, Mr. Youngblood and Mayor Scheifley voted in favor of the motion and Mrs. Martin was opposed. (Copy of said Engineering Agreement is attach- ed to the official copy of these Ininutes.) Mayor Scheifley asked ~nat form of motion is desired to authorize these expenditures. (3) %~e City Manager said he would like to discuss this last item which has to do with Item 5 Expenditures, and would then like for the City Attorney to give his advice'either now or later as to what cOurse should be followed with respect to these approvals. He said he would like to have Council con- sider approval of Item 5 Expenditures and authorize the proper City officials to enter into the proper legal contractual arrangements on three items that he proceeded to explain in detail, the items being: ' 1. Aerial Photography and Mapping - estimated cost $4,000. 2. Baseline SurvEy - estimated cost $10,000. 3. Off-Shore Sand and Magnetometer Surveys - estimated cost $20,000. Following discussion by Council Members and comments by the City At- torney, Mr. Weekes moved that the City Manager be authorized to enter into contracts to accomplish these three goals: Aerial Photography and Mapping not to exceed $4,000; Baseline Survey not to exceed $10,000; and Off, Shore Sand and Magnetometer surveys not to exceed $20,000. The motion was sec- onded by Mr. Youngblood and upon call of roll, Mr. Saunders, Mr. Weekes, Mr. Youngblood and Mayor Scheifley voted in favor of the motion and Mrs. Martin was opposed. Mrs. Martin qualified her vote by saying that 'this is not the wishes of the people at this time. 9.a. The City ~4anager reported that the Planning and Zoning Board at its January 18th meeting unanimously recommended to Council that a request for rezoning Lots 1 through 9, Block 15, Osceo!a Park Subdivision from R-lA (Single Family Dwelling District) to RM-1A (Multiple Family Dwelling Dis- trict) for triplex apartments be denied and that said Board received con- siderable objections from area residents with regard to the request. He also reported that the applicant has requested that Council defer action on this request until a later date due to his illness and inability to attend this Council meeting. The City Manager recommended that this re- quest of the applicant, to defer any action tonight, be granted. Mr. Saunders moved to defer this item as requested, the motion being seconded by Mr. Youngblood. Mr. Pete Gordon, 802 S. E. 2nd Avenue, voiced his objection to de-. ferring action on this item and asked that Council deny the request for rezoning. Upon roll call, Mr. Saunders and Mr. Youngblood voted in favor of the motion and Mrs. Martin, Mr. Weekes and Mayor Scheifley were opposed. The motion did not carry. Mrs. Martin qualified her vote by saying that she had attended the Planning and Zoning Board Hearing on January 18th and heard all the com- plaints. She then moved that the Planning and Zoning Board's recommendation be sustained and the request be denied, the motion being seconded by Mr. Weekes. Mr. Youngblood then moved to table this-request for rezoning, the mo- tion being seconded by Mr. Saunders. Upon roll call, Mr..Saunders, Mr. Youngblood and MayorScheifley voted in favor of the motion and Mrs. Martin and Mr. Weekes was opposed. 9.b. On motion by Mr. Saunders and seconded by Mr. Weekes, Council unani- mously approved the site plan with approximately 5 units per acre for development of the HA~ET on 36 acres of land lying in the Northeast Quarter of Section 24-46-42 located Nor~ of Sherwood Park Subdivision, and being P~SE I of a 353-acre project lying in Sections 13 and 24-46-42, which property was annexed by Ordinance No. 44-71 earlier in the meeting. -7- 1-24-72 The City Manager said approval of this plan had been recommended by the Planning and Zoning Board and approved by the Beautification Committee° ~e City Manager reported that a letter dated January 18, 1972 was received from Peninsular Properties, Inc., M. V. Kelly, President, assur- ~ ina the City that this will be a low-density development. (Copy of said letter is attached to the official copy of these minutes.) 9.c. Council unanimously approved the Preliminary Plat of SABAL PINE Subdivision, Tract.A, lying in Section 30-46-43 located adjacent to and East of the Lake Worth Drainage District E-4 Canal with approximately 600-foot frontage on the South side of Germanto~] Road, on motion by Mr. Weekes and seconded by Mr. Youngblood. The City Manager said this plat had been approved by the City Engineer and the Planning and Zoning Board. 9.d. The Final Plat of ROSEMONT PARK VILLAS, UNIT "A" being part of Lot 3, Section 20-46-43 located on the West side of S. W. 4th Street at its inter- section with S. W. 8th:Court, was unanimously approved, as recommended by the Planning and Zoning Board, on motion by Mr. Saunders and seconded by Mr. Youngblood. 10.a. The City Manager reported that at the January 17th workshop meeting Russell & Axon, Consulting Engineers, presented their water and sewer rate study dated January, 1972, with respect to their recommended water and sewer improvement program including construction of a new Sewer Treatment Plant, additions to the Water Plant and extensions to the water and sewer systems. He said consideration should be given to the following four items from Russell & Axon's study report, pursuant to the discussion at that workshop meeting, if it is Counci's desire to do so. 1. Approving the water and sewer improvement program that is delineated in Russell & Axon's study report dated January, 1972 subject to any necessary fiscal agent and bond council modifications, if any. 2. Retaining a fiscal agent pursuant to the letter dated October 13, 1971, from Mr. Stanley Ross of Reynolds Securities, Inc. 3. Authorize the drafting of ordinances with respect to water and sewer rate modifications, as recommended by Russell & Axon's study report, dated January, 1972. 4. Authorize Russell & Axon to proceed with the preparation of plans and specifications and as the need arises, other docu- ments that would be pertinent to the implementation of the program set forth in Russell & Axon's study report dated January, 1972. The four points from Russell & Axon's study.report were unanimously approved, as outlined by the City Manager, on motion by Mr. Youngblood and seconded by Mr. Weekes. Mayor Scheifley explained that this is a $5,600,000 bond issue and when this program is completed, 90 percent of the City will be sewered in- cluding Jefferson Manor, Tropic Isle and other areas. A Sewage Treatment Plant, required by State law, will also be constructed. Following a question by Mrs. Martin, Mr. Weekes said.that it is clearly understood t'hat any extension of the City's water and sewer service to developments not presently in the City of Delray Beach will be paid for by the developer and not by the City of Delray Beach. 10.a. The City Manager reported that the Planning and Zoning Board at a meeting held this afternoon approved the Preliminary and Final Plats of Stuart Arms, Tract A, and of Delray Estates. Also, that the City Attorney advised him that both the Preliminary and Final Plats of these subdivisions may be approved now if Council desires to do so. -8- 1-24-72 Stuart Arms, Tract A, ~also known as the Vanguard Project, is located in portions of Lots 19 and 27, Section 20-46-43 lying North of the Subdi- visions of Delray Beach Heights, Delray Beach Heights First Addition, and Delray Beach Heights Extension. The City Manager said that the Pre- liminary Plat could be approved, with Final Pla't approval contingent on meeting all engineering requirements and posting of bond as required by law. Mr. Weekes moved that the Preliminary Plat of Stuart Arms, Tract A, be approved, as recommended by the Planning and Zoning Board, the motion being seconded by Mr. Youngblood. On roll call, Mr. Saunders, Mr. Weekes, Mr. Youngblood and Mayor Scheifley voted in favor of the motion, with Mrs. Martin opposed. Mrs. Martin qualified her vote by saying that she didn't approve of the project, therefore, she could not_approve of the Plat. Mr. Weekes then moved for approval of the Final Plat of Stuart Arms, Tract A, subject to Engineering approval and posting of the proper bond, the motion being seconded by Mr. Youngblood. On roll call, Mr. Saunders, Mr. Weekes, Mr. Youngblood, and Mayor Scheif!ey voted in favor of the motion with Mrs. Martin opposed. ?~.~Concerning Delray Estates, consisting of approximately 22 acres of land in the South Half of Section 19-46-43, located South of Delray Beach Highlands (Rainbow Homes) and North of S. W. 12th Street, the Preliminary Plat was unanimously approved, on motion by Mr. Saunders and seconded by Mr. Weekes. The Final Plat of De!ray Estates was unanimously approved, subject to the approval of the Engineer and the posting of a proper bond, on motion by Mr. Youngblood and seconded by Mrs. Martin. 10.a.-~ Mr. LeRoy W. Merritt, Chairman'of the Delray Beach Do%matown Develop- ment Authority, asked if Council planned to take any action now on a letter dated January 19, 1~72, from said Authority regarding the opening of S. E. 1st Street across the Florida East Coast Railway. Mayor Scheifley said that there had been some informal discussion about that matter, but several Council Members thought it should be discussed at a workshop meeting. Mr. Saunders suggested that there be a joint session with the Authority and Council at a workshcp meeting. During comments, Mr. Merritt said that Mr. Ramos of the Department of Transportation has told the Authority that with the completion.of 1-95 there would be no more parking on Atlantic Avenue. He further said that there had been discussion with Mr. Corbett of the Florida East Coast Rail- way in Mr. Mariott's office, and Mr. Corbett apparently is not interested in the future of the downto~ area of Delray Beach. Mr. Merri~t said 'the Authority had met with Council approximately two months ago concerning this_ item. l~ere was also discussion of the proposed plans for the Rail- road crossing at S. E~ 10th Street and. 'the angle crossing on Swinton Ave- nue, also the crossing at ~he transfer station site.. Mr. S~unders said he believed the Council would', give t'he Authority an affirmative vote on this itera, and asked if putting more discussion off until the next Council meeting would endanager it. In the meantime, a workshop meeting with the Authority will be held to discuss cost, alloca- tion of money and other matters. This woul:~ give the City Manager a chance to talk with Sou-~hern Sanitation, Inc., and a couple of weeks to attempt to get some~zbing worked out with the Florida East Coast Railroad. Mr. MerrJ. tt said ±~hat Mr. Corbett was no% opposed to opening 1st Street, in fact he offer~ i ~hat wl~en !s~ Street was opened., FEC would be very happy at a nomina.], flee to lease -,[~o t'he City the b?:lance of tile paved area for pu~!ic parking, i~{owever, his condition was that either the 2nd or 4th Street c~<ossing be closed. Council Members were in agreamen~ to the proposed workshop w~eeting and investigation of certain tkJ. ng~ in 'h'he lO~a.-_~Mr. Youngblood a::;ked if there would be a publi~ hearing on tl-~e Haster Plan %%~en it is presented add i,.~ayor Scheiftey said it is his understanc~ing hhat ~!lere will 'be various public hearings on 'the Masher Plan before ih is a ccepte d. -9- !--24-72 10Ab. Payment of the following Bills for Approval were unanimously approv- ed, on motion by Mr. Weekes and seconded by Mr. Youngblood. General Fund $894,462.35 Capital Improvements Construc- tion Trust Fund $118,681.67 Cigarette Tax Fund $ 125.63 Water Revenue Fund $278,945.15 Special Assassment Fund $ 9,500.00 Refundable Deposits Fund $ 5,340.27 Beautification Fund $ 291.50 The meeting adjourned at 10:15 P.M. }{ALLtE 'E. YATES City Clerk APPROVED: -1.0-~ !-24-72 . ~ 202 S. E. First Street. NEW YO[{K 5TOC~ EXCHANGE,INC, o~.~. ~.~,.o [.~.~.o~s Miami, Florida 33131 .~ ~o~,-.~.,ooos · .October 13, 197! Mr. J. E!don Mariott City Manager City Hall Delray Beach, F!or)da Dear Mr. Mariott: Pursuant to our conversation last week in your office, we would be pleased.fo serve the C. ity as financial consul-i'ant with respect to the issuance and sale of bonds to finance part of the cost of additions extensions and improvements to tt~e municipal water and sewer system. It is our understanding that your consulting engineers have prepared recommendations to the City indicating a construction project which, after deducting federal grants and other available funds, will require issuance of apt~roximately $5,000,000 bf. revenue bonds. We propose to be retained by the City as independent financial con- sultant to provide advice witt~ respect to the financing which will be developed in concurrance with data prepared by and recommendations of your consulti.ng engineers, bond counsel, public accountants and the staff of the City .an~t approved by the City Council. Our services would include but would not be limited to conferences · ' wi'th the City's officials 'and adv)sers in the development of plans of ;- financing the proposed ['mprovements; preparation of specifications for bond counsel of financial provisions to be included in the bond resolution; preparation of official statement and notice of sale for .-_. apprqval and signature of appropriate city 6fficials and arrangeme.nts · -~i for advertising the noti'ce in the Bond Buyer; recommendatiQn of date ?'- or dates of sale, ver'ification of bids at the publi~ sale and recom- 3' mendation to the City of the accept'ance or rejecti:on of the bid at the "/' lowest net interest cost; and arrangements for bond printing, sigh'lng at the Signature Company in New York and delivery of the bonds against ]~: payment. -' As compensation fo.r our serv)ces and for out-of-pocket expenses incurred' we would propose a fee of 3/10 of I% of the first $5,000,000 ~f the principal amount of bonds issued and sold, plus 1/10 of I% of the prin- cipal amoun'i- thereof in excess o~ $5,000,000; provided, however, that the minimum ~ce for each sale shall be not less than $7,500. In t4r. O. Eldon MarjoJ't . .City Manager page 2 Oct'ober !3, 1971 addition 1-o the above payments, the City may authorize us to incur reasonable and necessary expenses for such items as printing, adver- tising.or other purposes in connection with the 'ssuance and sale of the bonds and will reimburse us for such paymeM's. Fees and reim- bursable expenses will be payable when, as and if bonds are sold and delivered. In the event additional services of the financial consul- ~ant are required, such as issuance of bond anticipal-ion notes, a schedule of fees for such serv'ces can be included by mutual agreement. Services of the undersigned would be available 'i'o the City at all reasonable times during the financing. If the above fs generally in accord'ance wilh your expectations of the services to be performed we will be pleased to enter into an agreement deiailing the terms and condi.t ions. Very truly yours, REYNOLDS SECURITIES INC. Slanloy E. Ross SER:hp l " ,.STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR 24-C PROFESSIONAL SERVICES ...... ,~.~.~,~ ..... by and b~tween ............ .~.~y....Ol...~.l.~aZ..t.~.~Ch ............................................................................................................... · hereinafter called the OWNER, and ......... ~.~...~ ..... ~K~,O.~..~..~iP.~.~,a.~t~.~....~K~ ........................................................... herolnMter calle~ the ENGINEDR, WITN~SSETit, That where, tho eWeR intends to~nai~u~t ........ ~e~ .............. , . ....................... .......................................................................................................... atruction of h~oYo named improvement ~ followsl 2. Tho ENGINEER agrees to furnish and p~rform the various profes~i.,ml services required for the co~tructiou above named improvement as foll~s: ~ Preliminary investigations, stndies and repo~sj preliminary ~eneral plan or pla~, approximate ~timate of cost ~d all necessary conferenc~ with ~e OWNE~ b. Complete general and detail plans, ~p~iflcations and detailed estimate of cos~ c. Prepare forms for cons~ruction proposals, advertisements, con~,tructlou contracts and bonds, subje~ to the proval of the OWNER. d. Receive and tabulate proposal, report s~e to tho owner, and ~sist in awarding contract for co~truction. e. Furnish general supervision of the work of the Contra~or including line ~nd grade surveys as the construction progresses, to assist in .a correct interpretation of the plans ~d specifications and to safeguard tho OWNER against dof~ts and deficiencies on the part of the Contractor, but the ENGINEER does not guarantee the performance of the contra6t by the Contractor. (Tho general supervision of the ENGINEER Is to be distinguished from and does not Include ~e resident per. hal supervision as hereinafter mentioned.) -- f. Furnish reslde=t supervision and/or such other surveys or services ~ may be mutually agreed upon between OWNER ................... ~ at compensation off 15~ of ~otal fee for Basic Services. g.' Furnish property, ,boundary, right-of-way or other surveys, ...................... E~Ct ...... ~,~ ' ................................... ,,-,~,,-o, ~-- ~. ~. ~,,,~ -,.~..~*~ as may be required for the conduct of this improvement. ' h. Furnish three (3) copies of r~orts, plans (on paper) and specifications and furnish ~ditionM copies to the OWNE~ or Contracto~ (Original documents, survey notes and tradings are and shall remain the property of the ENGINEER.) i. Meet with ~e 0W~ or his repr~ontatives when requested or necessary for consultation or conference. I. Furnish and perfo~ tho supervision of work of lnsp~tion bureaus and laboratories In the inspection and tes~ of materials entering into the construction of structure, r~eive, and p~s upon by approval or rejection all re. rCs by such laboratories or bureaus on the material tested for use In tho structure. (N. B. ~e cost of all such tests and inspeaion by laboratories or bureaus to be paid for by the OW~.) k. Furnish and perform the supervision of all test borings, sub-sm face explorations or o~er investigations require5 for the dete~lnin~ o[ foundation conditions {or the structure. (The cost of such borin~, t~, explorations, or ~estigaticns to bo paid for by the OWNER.) L ~mputo and determine the amount of sp~ial assessments It required by the O~ER. The cost of such se~lce ' to be paid for by the 0~ER at actual cost to the ENGINEER or ~ by mutual agreemen~ m. Friars necessary ~lans and applications for pe~Rs for the submission to and approval of local, ~ate and Federal authorities (such as municipal building departments, state boards of health, etc.) as may be r~uired for the initiation, prosecution and construction of. the improvement. Tho cost of such permits to be paid by the OWNER but ~e cost of preparing such plans and applications shall be included In the ie~ paid ~o ENGINEER. n. Assist tho O~ER when requested in negotiations with the owners el property required for or ~ect~ by this improvement, preparing all surveys, maps, plans, and e~timat~ required for ~aid neg~iations. (The cost of this ~e~ice to be paid for by the 0W~ at the same ra~ ~ hereinafter sp~lfled for the principal engineering se~ic~ under this agreement comput~ on the amount~ finally agreed upon or finally determined as the ~tual compensation and/or dam~es to the owner of the property.) d. For any additional service required by the OWNER due to changes ordered by the OWNER or due to th~ delin- que~cy or insolvency of the Ol}~ or CONTRACTOR or as a result of ~re or lood or causes beyond tho control of the ENGINEER, the O~ER shall pay t~e ENGINEER the expense of such additional service. Said expense to the amount of ~he payroll incidental Lo such addi,tlon~l service, plus one hundred (100%) cent for overhead, readiness to 6stye and profit; this expense also to inclnde at net cost all other expens~ incidental to this item, such as traveling expense, telegrams, telephone toll calls, extra reproductions of prin~ or photos drawings, specifications and other documents, required for the proper execution of the services for the Client. These ~yments to be due and payable from time to time ~ tho services are performed or ~ the expenses are incurred. , $ ........................ per day-~lus on~ ........ ~-~,~ par ~ct cc~t. h. To pay for test borings, sub-surface explorations or other investigations required ior th~ determination oi founda- tion condklons and to pay for cheml~l, mechanical, or other te~ts when requlred~ 1. To pa~ lot th~. comp~atlons, delermtnatlon, and tabulaHon o~ 'special assessmenls 1~ required b~ th~ OWNER at tho actual cost to the ENGINEER or as b~ mutual agreement. ~. ~hat If nn~ Work (covered by (hl~ agreement) designed or '~peclfled by the ENGINeeR shall ~e sg~pe~;aed ' -~-o? a~andoned, the OWN~R shall pay t!':o ENGINEER for the service rendered' on a~ount of it, ~e pa~ent to ba~ ~ far as ~osaible on ~he fee as established In this agreement or ~jhere the .agreemeht cannot be upplled, then th8 basis shall be ~ per diem or p~yroll cost phis 100% plus oxienses. (~ar. 3-d and e.) k. To pay for bl{lldlng or other permits, lldenses, etc,, as may be required by local, 8tats, or Fed'eral authorities. NSPE ~ntract Fo~' I .. ' · . includinq'of~-shore sand and magnatome~er surveys.' .. Page ~ of 3 Pages · ART. 2, par. o. Add 2.0 Furnish and perform all services required, except aerial mapping, in connection with establishment of "Mean High Water Base Line" through processing and approval by appropriate governmental agencies and recording in the Public Records of Palm Beach Count~ at fee specified (ART. 3, par. c). Compensation for aerial mapping shall be at actual COSt. ART. 3, par. a, b an'd.c. Delete and substitute the following: .3. The OWNER agrees to pay the ENGINEER as compensation for such'professional engineering services, a fee computed as a percent of the entire cost of construction in accordance with the following schedule: Construction Cost Fee $ 500,000.00 9.0% $ 600,000.00 8.7% (Fee to be pro-. $ 800,000.00 8.3% rated based on $1,000,000.00 8.0% construction $2,000,000.00 7.2% cost) $3,000,000.00 6,8% 3.a At the execution of this Agreement a primary payment of $5,000.00 shall be made as the minimum payment for Basic Services and this amount shall be credited to the final payment to be made under this Agreement. 3.b Progress payments shall be made in proportion to services performed. The OWNER will make prompt monthly payments in response to the ENGINEER'S monthly progress reports. 60% of the fee for Basic Services shall be 'due upon completion of working or contract plans and specifications. 3.c OWNER agrees to pay the ENGINEER at the rate of $5,000.00 per mile of shore~ line for all services required, except aerial mapping, in connection with establishment of "Mean High Water Base Line". ART. 3, par. e, f, g and 1. Delete... 3.d The City: 1. Shall pasf for services referred to in paragraph 3h', page 1. and paragraphs 2 and 3c, page 2. 2. May terminate this agreement on or after March 15, 1972 upon payment for all Engineering services performed under para- graphs 3, 3a and 3b, page 2, such payraent not to exceed $35,000 if the agreement is terminated on March 15, 1972. Page 2 and 3 Pages .,888; 4[' It is further mutually agreed by the parties hereto: , 94-F. ~a. That the estimated cost shall be used as a basis for monthly, partial or final payments until tile actual costs have been established by proposals or by contracts for construction, and b. That partial payments may be made under Art. ~, paragraphs a ~d b l[ r~uested by th~ ENGIneER proved ~y tho OWNER, and c. That tho cost used as a b~ls for c~put~tlon of payments means the cost to the OWNER of th~' entire con- ~truction, including all materials, labor, and use of equipment and without deductions on account of penalties, liqui- dated damages or other amounts withheld from payments to Contractor~ but such cost shMl not include the ENGI- NEER'S fee or other payments to the E~INEER under this agreement. The "co~t of construction" does not include the cost of land, right-of-way or compensation for and/or damages to property unless the agreement so specifies, in which case It Is understood that tho cost m~ns the cost of tho improvement d, Tha~ the drawings and spocl~catlo~s are Instruments of sorvlo~ and as such th~ orlgln~l documents, tra~l~g~, and field notes are and remain the property of the EN01NEEII whether tI~O worR fo~ whloh t~ay executed or not, and shall not be used by the O~ER for any other project or constru~lon. e. That all questions in dispute urder this agreement shall be submitted to arbitration at tho choicz o[ either part~ hereto. t. That ~e OWNER an~ ENGINEER each binds himself, his partners, successors, executors, administ~ators 'a~l assigns, to the other party to this agreement and to the partners, successors, executors, administrators and ~slgus of such other party in respect et all covenan~ of this agreemen~ Except as above, neither ~e OWNER nor the ENGI- NEER shall assign, sublet or transfer his interest In this agreement without th~ written consent oi tbs other p~t~ hereto. 5. IN WITNF~S ~ER~0~, th~ parties hereto hays ~xed their hand and seals ~.~.K.~.~~.~, c' · / '~ ' ~, ~ ' A~EST'OP RESOLUTIO~ ,~~r ur . Stroc ~ P.E. - President (or other authorit~) C~ERK O~ BOARD ior authorized secrel~ry) (or other authorized fiscal official) (specify authority, date, etc.) month ( -- - __-. _ ~e~~ . ;~ ,.. · . ~.. . .. Page 3 of 3 Pages O4-F ASSESSMENT ROLL For opening, grading and paving the North-South sixteen (16) foot alley in Block 1, Rosemont Park subdivision to a width of sixteen (16)' feet. AssESSMENT per front foot $4.714962 PROPERTY FRONT TOTAL DESCRIPTION OWNER FOOTAGE ASS ' M. ROSEMONT PARK, BLOCK 1 Lot 1. Jack D. & Mary B. Walker Agree/Deed: Bertram & Elouise Minto 56.1 $. 264.50 Lot 2. Jack D. & Mary B. Walker Agree/Deed: Frank & Vernell Bullard 50 235.75 Lot 3. Jack D. & Mary B. Walker Agree/Deed: Robert & Lillie Johnson 50 235.75 Lot 4. Willie ~ames SpelLs, Jr. 50 235.75 Lot 5. CounciI& Phannye~Hayes 50 235.75 Lot 6. Hazel Hill 50 235.75 Lot 7. Hazel Hill 50 235.75 Lot 8. Hazel Hill 50 235.75 Lot 9. Margaret Whi'te Edwards 50 235.75 Land Contract Agreement: Robert P. & Rita W. Myrick Lot 10. Margaret White Edwards Land Contract Agree: Robert P. & Rita W. Myrick 50 235.75 Lot 11. Joel Ne~nan Construction Co. 50 235.75 Lot 12. Joel Newman Construction Co. 56.1 264.50 Lo.ts 13, 14 & 15. Barbara C. & William H. Parish 156.1 736.00 Lo% 16. Margaret Cribbs Ornelas 50 235.75 Lot 17. Willie F. & Doris P. Robinson 50 235.75 Lot 18. Willie F. & Doris P. Robinson 50 235.75 Lot 19. Otha'Lee, Jr. & Vio~la Wilson 50 235.75 Lot 20. 'Seacrest, Inc. 50 235.75 Agree/Deed:Charlie & Gemary Odom Lot 21. Seacrest, Inc. Agree/Deed: S.M. & Georgia Ann Anderson 50 235.75 · ~ T Page 2 ASSESSMEN ROLL Lot 22. Seacrest, Inc. Agree/Deed: Amos W. & Tommie D. Williams 50 2'3L ~ Lot 23. Seacrest, Inc. Agree/Deed: Isom C~ & Annie Spivey 50 Lot 24. Seacrest, Inc. Agree/Deed: Leona King 56.1 1,224.4 Construction Contract (Rowe) $5,180.00 Adver tis ing 75.00 10% for Engineering, Accounting & Collection 518.00 $5,773.00 *100% to be assessed per Resolution No. 13-71 PENINSULAR ~ ~ The Honorable d. H. Scheisley, Mayor and Members of the City Council City of Delray Beach ' City Hall Delray Beach, Florida~ Re: Annexation of 353 Acres in Sections 13 and 24, Township 46 South, Range 42 East Gentlemen: This letter is to assure you that if our property is annexed to the City of Delray Beach and placed in the RM-1A zoning classification, we will not build to the density allowed of 28 units per acre. We have been working with the Zoning Director and the Planning Board and at the present time, have submitted a site plan approval for forty of the 353 acres. We have also submitted a general land use plan for a residential golf community with a maximum of 2000 units on said tract which is less than six units per acre. If this property is annexed and the site plan for the first phase approved, we will not oppose a zoning change to a higher classification to be adopted in the near future which will permit a maximum of 2000 units on the 353 acres. We plan to develop a community with a maximum of 2000 residential units over a period of approximately eight years. The eighteen-hole golf Course, clubhouse and related facilities, and the first pha~e of 36.6 acres will be constructed in 1971 and will contain 201 units. Our petition is still subject to a satisfactory agreement for sanitary sewers and the relocation of Forest Road which was suggested by the Planning Director. However, we have been assured by the administration that this is not a problem. It is our intention ul'ti~ately to have approximately sixty million dollars in- Vested in this project and we wish to' assure you that we will construct our units as a low-density development and at the same time, be assured that we will be able to develop different phases up to a maximum of two thousand residential units. Yours very truly, PROPERT INC., '~'~'~'~PENINSULAR ~ . M. V. Kelly President MVK:mcr 5601 NORTH FEDERAL HIGHWAY · BOCA RATON, FLORIDA 33432 · PHONE: (305) 391-5770 ASSESSMENT ROLL For opening, grading and paving a strip twelve feet in width, being the southerly half of Southwest Sixth Street from the easterly edge of the existing paving of Southwest Eighth Avenue to the. westerly edge of the existing paving of Southwest Fifth Avenue. ASSESSMENT per front foot $5.4896 PROP ERTY FRONT TOTAL DESCRIPT ION OWNER FOOTAGE ASS ' ~ ROSEMONT PARK, BLOCK 3 ~ Lot 1. Kenneth & Charlotte Durante 132.74 $ 728. Lot 24~ Jack D. Walker Agree/Deed: Virdies & Bernice Shavers 132.73 .7.28.~6~ ROSEMONT PARK, BLOCK 5 Lot 1. Ruth Marshall 132.74 728.'~7~ Lot 24. J.P. & Zieler McRoy 132.73 728.~65 ROSEMONT PARK, BLOCK 7 · ~ Lot 1. John D. & Martha R. Howarth 132.74 728~7~ Lot 24. ~ Joseph Palacino 132.73 728.6~ 796.41 $4,372.~D~ Construction Contract (Irving Stuart,Inc.) $4,900.00 10% for Engineering, Accounting & Collection. 490~00 Advertising 75.00 $5,465.00 Less 20% - City Share of cost per Resolution No. 29-71 1,093.00 *80% to be assessed. $4,372.00 ORDINACE NO. 44-71. AN ORDINANCE OF THE CITY COUNCIL OF THE. · CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACI~ CERTAIN LANDS LYING IN SECTIONS 13 and 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LANDS ARE ' CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS: PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, NELSON E. COONS, Trustee, is the fee simple owner of the lahds hereinafter described, and WHEREAS, M. V. KELLY, duly Authorized Agent, in be- half of Nelson E. Coons, Trustee, has petitioned and given permission for the annexation of said lands by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida;and WHEREAS, the annexation of these lands hereinafter described, in the RM-1A Multiple Family Dwelling District, has been recommended by the Planning and Zoning Board in action taken at its meeting held on December 21, 1971; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described lands located in Sections 13 and 24, Township 46 S~uth, Range 42 East,.Palm Beach County, Florida, which lie contiguous to said City, to wit: The North half (N 1/2) Of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida, less the following described parcels: THE North 524.0 feet of the Northeast Quarter (NE 1/4)'of the 'Northwest Quarter (NW 1/4) of said Section 24, THE North 524.0 feet of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of said Section 24. THE North 40 feet of the East three-quarters (E 3/4) of the Northeast QUarter (NE 1/4) of said Section 24. THE North 40 feet of the Northwest Quarter (NW 1/4) 'of the Northwest Quarter (NW 1/4) of said Section 24. THE West 50 feet of the North half (N 1/2) of said Section 24. AND also less the right-of-way of Forest Road as recorded in Official Record Book.liS1 on page ' 552, public records of Palm Beach County, Florida and also less the South 40 feet thereof as right-of-way for L.W.D.D. Lateral canal No. 35, as recorded in Official Record Book 483 on page 576.. TOGETHER with that part of the East. three-quarters (E 3/4) of the South half (S 1/2) of the Southeast Quarter (SE 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach coun%y~ Florida, lying SoUth of the South right-of-way line of State Road No[ 806 (Delray ~4-K West Road) as shown in Road Plat Book 3 on page 27, public records of Palm Beach County, Florida, less the following described parcel; COMMENCING at the Northeast corner of .the said East ~. three-quarters (E 3/4) of the South half (S 1/2) of the Southeast Quarter (SE 1/4) of Section 13; thence Southerly, along the East line.of said Section 13, a distance of 24.77 feet to an intersection with the said South right-of-way line of State Road No. 806, said intersection being the Point of Beginning; thence continue Southerly, along the said East line of Section 13, a _ distance of 15.23 feet to an intersection with a line 40.0 feet .South of, as measured at right angles, and parallel with the North line of the said East three- quarters (E 3/4) of the South one-half (S 1/2) of the Southeast Quarter (SE 1/4) of Section 13; thence Westerly~ along said parallel line, a distance of 219.20 feet to an intersection with the said South right-of-way line of State Road No. 806; thence Northeasterly, along the said South righ~-of-way line of State .Road No. 806 to the Point of Beginning. The above description containing 353.72 acres, more or less. SECTION 2. That the boundaries of the City of DelraY Beach, Florida, are hereby redefined so as to include therein the above described ~ract of land, and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the land hereinabove d~scribed is hereby declared to be in Zoning District RM-1A as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immmediately become subject to all of the francl%ises, privileges, i~r~unities, debts, obligations~ 'liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sente~C~ or part of this Ordinance shall be declared illegal by a court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED and ADOPTED in regular session on the second and final reading on the 2_~ day of _~, 192_2_~ ATTEST: ---~/' '- 'C. itY~-CIe rk/? -? First Reading Dece~_m[~o~e_r 27~9.7~. Second Reading .. J~nua_r_~ 2~4 !972 Public Hearing J~nua_r~y_ 10, 1972. r~4-L RESOLUTION NO. 42-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING .T~,E CITY AGER TO' PROCEED WITH THE OPENING, GRADING AND · PAVING OF THAT PORTION OF N. E. 3RD AVENUE LYING NORTH OF N. E. 22ND STREET, A DISTANCE OF 230 LINEAL FEET EXTENDING NORTH FROM THE SOUTH LINE OF LOT 3, BLOCK 7, SEACREST PARK SUBDIVISION AND TERMINATING IN A CUL-DE-SAC. WHEREAS, the City Council of the City of Delray Beach, Florida, did on the 13th day of December, 1971, by Resolution No. 39-71, de- termine to proceed with the opening, grading and paving of that por- tion of N. E. 3rd Avenue lying North of N. E. 22nd Street, a distance of 230 lineal feet extending North from the South line of LOt 3, Block 7, SE~CREST PARK Subdivision and terminating in a cul-de-sac, and WHEREAS, the Resolution providing therefor has been duly pub- lished as required by the City Charter, together with a' notice that objections to said improvement would be heard, and WHEREAS, no sufficient objections have been made to such pro? posed improvement. .NO~;, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, that the City Manager be and he is hereby instructed to proceed with the opening, grading and paving of that portion of N. E. 3rd Avenue lying North of N. E. 22nd Street, a dis- tance Of 230 lineal' fee~ extending North from'the South line of Lot 3, Block 7, SEACREST PARK Subdivision and terminating..in a cul-de-sac according to the plans and specifications heretofore filed with the City Clerk, and a copy thereof filed in .the office of the City Man- ager and kept open for the inspection of the public. PASSED AND ADOPTED in regular session on this the 24th~ day of January, 1972. ATTEST :' City RESOLUTION NO. 3-72. A RESOLUTION ORDERING AND PROVIDING FOR THE HOLDING OF A BOND ELECTION IN THE CITY OF DELRAY'BEACH, IN THE COUNTY OF PALM BEACH, FLORIDA, ON THE QUESTION OF THE ISSUANCE OF $2,000,000 GEL~RAL OBLIGATION BONDS OF SAID CITY FOR BEACH IMPROVEMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, __. IN PALM BEACH COUNTY, FLORIDA: · Section 1. A special bond election of the qualified electors residing in the City of Delray Beach, in the County of Palm Beach, Florida, is hereby called to be held on the 14th day of March, 1972, at the time and places hereinafter set forth, to determine whether or not the issuance of $2,000,000 general obligation bonds shall be ap- proved by such qualified electors for the purpose of financing the cost of the donstruction and acquisition of improvements for the resto- ration, erosion control and preservation of the public beaches in said City, consisting of the placement of sand and the construction of beach erosion control facilities such as but not limited to reefs, break- waters, sea walls, ~roins, public parking facilities and passageways including roads for access to such public beaches, and including the acquisition of any properties, real or personal, or other purposes appurtenant or lncza,=ntal thereto, and to levy ad valorem taxes with- ou~ limit as to rate or amount to pay the principal of and interest on such bonds on all taxable property in said City; provided, that no such bonds shall be issued for a longer term than thirty (30) years and that no bond shall bear interest at a rate or rates exceedin~ the maximum legal rate of i~terest at the time of the sale of said bonds. Section 2. The polls will be open at the voting places for said bond election afl seven o'clock A.M. until seven o'clock P.M. on the same day. Only the duly qualified electors rDsiding in said city will be per- mitted to vote in said bond election. Section 3. That the places of voting in said bond election are as follows: Polling Place Precinct No. 166 St. Vincent Ferrer's Church, 740 Palm Trail. Precinct No. 172 Spady School Cafeteria, 300 N. W. 8th Avenue. Precinct No. 173 Carver Jr. High School, 301 S. W. 14th Avenue. ' Precinct No. 175 Co~unitY Center Building, 50 N. W. 1st Avenue. Precinct No. 190 Beach Fire Station, 23 Andrews Avenue. The Inspectors and Clerks for tb.e polling places for said Bond election will be the same as those designated by the Board of County Commissioners of Palm Beach County, Florida for the election being held at the same time for the Presidential Preference Primary. Section 4. voting machines shall be.used at said bond election and the form of ballot to be used in said bond election shall be in substantially the following form: Page 2. Resolution No. 3-72. ~4-N BALLOT CITY OF DELRAY BEACH IN THE COUNTY OF PALM BEACH, FLORIDA Bond Election - March 14, 1972 Shall the city of Delray Beach, in Palm Beach County, .Florida, issue not exceeding $2,000,000 Principal amount of general obligation bonds of said city bearing interest at not exceeding the maximum legal rate of interest at the time of the sale of said bonds, maturing not later than thirty (30) years fro~ the date of issuance thereof, payable from ad valorem taxes levied on all taxable property in said City without limit as to rate or amount for the pur- pose of financing the cost of the placement of sand and the construction of Beach Erosion Control facili- ties, as more specifically described and provided in Resolution No. 3-72 of the city Council of said city adopted on the 24th day of January, 1972. Instructions to Voters: Indicate by pulling down lever over "FOR APPROVAL OF BONDS" if you favor the issuance of said-Bonds. Indicate by pulling down lever over "AGAINST APPROVAL OF BONDS" if you do not favor the issuance of said Bonds. SECTION 5. Paper ballots.shall be used at said election for ab- sentee voting.' The form of ballot to be used in said election for ab- Sentee voters sh'all be in substantially the form provided in Section 4 above, except· that Instructions to Voters shall be as follows: Instructions to Voters: If you are in favor of the issu- ance of said Bonds, place an "x" in the space to the left of the words "FOR APPROVAL OF BONDS". If you are not in favor of the i~suance of said Bonds, place an "x" in the space to the left of the words "AGAINST APPROVAL OF BONDS" . SECTION 6. The City Clerk is hereby authorized and directed to have printed on plain white paper a sufficient number of the aforesaid ballots and to deliver them to the appropriate officials for absentee voters and shall also have printed sample ballots and shall deliver them to the appropriate officials conducting the Palm Beach County Presidential Preferehce Primary on or before the date and time for the opening of the polls for such bond election at said voting places at which voting machines are to be used, and is further authorized and directed to make appropriate arrangements with thelproper officials of Palm Beach County for'the use of such voting machines at the polling places Specified in Section 3 hereof and to have printed on plain white paper and delivered in accordance with law the official ballots for use in such voting machines. ~4-0 ' Page 3. ResolutiOn No. 3-72. SECTION 7. The Supervisor of Registration of the County of Palm Beach is hereby authorized and directed to make up and certify a list of all qualified electors residing in said city and eligible- to vote in said bond election. A certified copy of such list shall be furnished to the Inspectors and Clerks of the election at the poll- ing places where votes are to be cast in said bond election and a certified copy of such list shall be filed and preserved among the records of this City Council. SECTION 8. That this Resolution shall be published in full as a partof this notice of said bond election together with an appropriate caption in such form as the city Clerk shall determine, in the Delray Beach News Journal a newspaper published and of general circulation in the City of Delray Beach, Florida, Onc~ each week for five .consecu- tive weeks, the first publication to be not less than thirty (30) days prior to the date of maid bond election. SECTION 9. This Resolution shall take effect immediately. PASSED AND ADOPTED in regular session on this the 24th day of January, 1972. ATTEST: