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02-14-72 F~...RLA .... 14 ].972. A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chanfbers at 7:30 P.M., with Mayor James H'. Scheifley presiding, City Manager J. Eldon }4ariott, City Attorney G. Robert Fellows and council Members Grace S. Martin, J. L. Saunders, Leon },~. Weekes and O. F. Youngblood present. 1. The opening prayer was delivered by Dr. Frederic Bush of St. Paul's Episcopal Church. 2. The Pledge of Allegiance to the Flag of the United States of America was then given. X. The Mayor requested.that people attending the meeting remain seated as there had been numerous complaints of distractions. He suggested that if anyone did need to converse, they should leave the building or go to another room. 3. The minutes of the regular meeting of january 24, 1972, were unanimously approved, on motion by Mr. Youngblood and seconded by Mr. Saunders. 4. Mr. Weekes reported that he had received several complaints concerning the widening of N. E. 3rd Street, between Swinton'Avenue and 1st Avenue. He said that this area had been torn up for 3 to 4 months and asked the City Manager if the work could be completed. Mr. Mariott said that he would check into the ~atter. Mr. Youngblood said he had been requested to bring to the Council's attention the fact that a potential dump is developing on lots at the corner of N. W. 3rd Street and N. W. 7th Avenue near the Spady Elementary School. Mr. Mariott said he would have the problem investigated. 6.a. The'City Manager said that at the January 24, 1972, Council meeting Mr. Sidney C. Low, 90 S. E. 5th Avenue, complained of stoppage of the sanitary sewer that serves the apartment building in which he resides. Mr. Mariott reported that the problem had been checked into. It was determined that there is a defective sewer line at the above location that was installed in 1925. The estimated cost of replacing this sewer line (which runs North and South between S. E. 4th and 5th Avenues) is approximately $9,000.00. The City Manager recommended that Council authorize the replacement of necessary sewer line and laterals, with the funding to come from the Water and Sewer Contingency Account. Mr. Saunders moved that the City Administration be authorized to do this work at the approximate cost of $9,000.00, with the funds to come from the Water and Sewer Contingency Account. Mr. Weekes seconded the motion, which passed unanimously. 6.b. ~fhe City Manager recommended t~at the Council authorize the acceptance of an easement deed for the West five (5) fee't of the East thirty (30) feet of Lot 16, Delray Beach Shores. It is planned to install a drain line at some future date. Mr. Mariott stated that t~e deed would no~ cost the City anything, but that the installation of the improvement would cost approximately $2,000.00. Mr. Weekes moved for the acceptance of the easement deed, the motion being seconded by Mr. Youngblood and unanimously carried. 6.c. The City Manager stated that sufficient funds are provided for the purchase of a wheel loader in the present City Budget, and the following bids had been received: -1- 2-14-72 Bidder Bid Kelly Tractor Company ~19,~0.00 West Palm Beach, Florida Joseph L. Rozier Machinery Company $20,837.00 Tampa, Florida Ring Power Corporation $21,300.00 Jacksonville, Florida The City Manager recommended that the Council authorize purchase of the Caterpillar Model 920 Wheel Loader from the low bidder, Kelly Tractor Company,~ in the amount of $19,980.00. Mr. Saunders moved that this recommendation be accepted, seconded by Mr. Youngblood, and unanimously carried. 6.d. Signalization and improvement of Florida East Coast Railroad crossings at S. E. 10th Street and Swinton Avenue. The City Manager stated that this subject had been discussed at several workshop meetings. At the last workshop meeting on February 7, 1972, it was decided to approve a plan submitted to the City by the County some time ago with respect to signalizing and improving the crossings at S. E. 10'th Street and Swinton Avenue. That cost would be paid by the County which has approximately $50,000~00 budgeted for the improvements. The operational responsibility would be the City's. The City Manager requested the Council to pass a motion indicating its agreement to this plan, after which he would then follow through with the County. A general discussion followed regarding Florida East Coast Railroad and other crossings. Mr. Saunders moved that Council accept the proposition as outlined by the County and said that hopefully the Council will hear from F.E.C. soon regarding this matter. Mr. Youngblood seconded the 'motion, which passed unanimously. 6.e. Purchase of automobiles. The City Manager read the following bids: Heywood Mercer Adams Joe Rose Description Plymouth Chevrolet Motors 3 Police Cars $8,670.00 $9,288.00 $ 1 Police Car Heavy Duty $3,780.00 $3,315.00' 1 Fire Department Staff Car $3,238.00 .$3,.193.00 $3,300.00 2 Station Wagons Engineering Dept. Fire Dept. $7,430.00 .$7,110..00 $7,318.00 1 Public Utilities Staff Car $2,338.00 $2,262.00 $2,353.00 Alternate $2,390.00 * Does not meet specifications. The city Manager recommended that authorization be given by the Council to accept the low bid in all cases as follows: -2- 2-14-72 Description Bidder Amount 3 Plymouth Furys 1 Chrysler Newport Royal Police Cars Heywood Mercer Plymouth $12,450.00 1 Chevrolet Biscayne 1 Chevrolet Brookwood Fire Department Adams Chevrolet $ 6,823.00 1 Station Wagon Engineering Dept. Adams Chevrolet $ 3,480.00 1 Chevrolet Nova Public Utilities Dept. Adams Chevrolet $ 2,262.00 ' A general discussion followed regarding the above listed vehicles. Mr. Weekes moved to accept all bids as recommended by the City Manager, subject to further review in the future regarding different types of vehicles. Mr. Saunders seconded the motion, which was unanimously passed. The City Manager re'commended that $980.00 be transferred from the general fund contingency account to the Engineering Budget to make up the deficit between the $2,500.00 budgeted for the purchase of a vehicle and the bid figure of $3,480.00. This deficit ~rose because it was now felt advisable to buy a-different type vehicle than was contemplated when the budget was adopted. Mr. Youngblood moved that the amount of $980.00 be trans- ferred from the general fund contingency account to the Engineering Budget. The m6tion was seconded by Mr. Saunders and passed unan- imously. 7.a. The City M~nager stated that an application for annexation had been received, subject to C-2 zoning, of a tract of land on the east side of Seacrest Boulevard, North of N. E. 22nd Street, located in the SW 1/4 of Section 4-46-43, The applicant proposes to construct a Cumberland Farms Store and a rental store unit on this site. The City Manager recommended that the application be referred to the Planning and Zoning Board' for study. The recom- mendation was unanimously approved upon a motion by Mrs. Martin, seconded byMr. Youngblood. 7.b. Concerning a petition for annexation from Mr. Willard J. Madigan of approximately 8 acres in part of Lot 20, Block 1, as shown on Plat of Delray Shores and located South of Lake Ida Road and West of Congress Avenue, referred by Council to the Planning and Zoning Board on December 27, 1971, City Manager Mariott re- ported that a letter had been received from the Attorney of the Petitioner withdrawing the request. The City Manager said this land is loca~e.~"in the franchise area of Ecological Utilities, Inc., and the Owner is not sure who will provide water and sewer and under what terms. He recommended that the withdrawal request be granted. It was so moved by Mr. Weekes, seconded by Mrs. Martin and unanimously carried. 7.c. The City Manager reported that an application for the annexation, subject to ~4-1 zoning, of 40 acres .of land located on the North side of Lake Ida Road, West of Ba~wick Road, with the following legal description had been received: The East 1452.79 feet of the N 1/2.of the SW 1/4 of Section 12, Township ~6 South, Range 42 East, Palm Beach County, less the North 56 feet, the South 40.feet, and the East 40 feet thereof. The City Manager recommended that this application be referred to the Planning.and Zoning Board for study and recom- -3- 2-14-72 mendation. Mr. Youngblood made a motion to that effect, seconded by Mrs. Martin and unanimously carried. 7.d. The City Manager said that an application for a gratis license has been received from Mr. Henry Lockett, 231 S. W. 15th Avenue, Delray Beach, to operate a lawn maintenance service, and that he furnished satisfactory proof of his age - 69 years - which 'entitles him to a gratis license. Mr. Mariott recom~mended approval of this request. Mr. Youngblood moved to grant the request to Mr. Lockett. The motion was seconded by Mr. Saunders and unanimously passed. 7.e. Concerning a request for permission to use a mobile home for office purposes by Peninsular Properties, Inc., in the SE 1/4 of Section 13-46-42, the City Manager informed Council that after making up the Agenda, the City Attorney ruled as follows: "Since the applicant's intention is to remove the wheels and mount the structure in question on a foundation, all that is required is for Peninsular Properties, Inc., to secure a building permit from the Building Official's Office to set up this particular structure as a building and a part of the development of the site plan, as previously approved by the City Council". Therefore, Mr. Mariott advised that no action was required on this matter. 7.f.. The Mayor acknowledged receipt of minutes of the Beauti- fication Committee of its February 2, 1972, meeting. He stated there were seven questions pertaining to 'administration and asked Mr. Mariott to take care of these matters. 8.a. The City Manager presented RESOLUTION NO. 4-72. A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE ASPHALT RESURFACING OF CERTAIN STREETS. ( Copy of RESOLUTION NO. 4-72 is attached to the official copy of these minutes.) The City Manager pointed out that the estimated total cost of resurfacing these certain streets would be $12,740.00, at a unit cost of $9.80 per ton. The reasons for negotiating a contract with Dixie Asphalt Company for the said resurfacing are set forth in a memorandum dated February 7, 1972, from the Director of Public Works to the City Manager, a copy of which was furnished to Council, along with a list of streets that will be resurfaced. Resolution No. 4-72 was unanimously passed upon a motion by Mrs.Martin, seconded by Mr. Youngblood. 8.b. The City Manager presented RESOLUTION NO. 5-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE APPOINTMENT OF A BEAUTIFICATION CO~MITTEE AND OUTLINING THE DUTIES OF SUCH COM~4ITTEE. (Copy of RESOLUTION NO. 5-72 is attached to the official copy 'of these minutes.) The City Manager stated that following a joint meeting between the Council, the Planning and Zoning Board, and members of the Beautification Committee, the City Attorney revised a draft copy of a Resolution that he had previously prepared with regard to the Beautification Committee. Since the meeting was held, the City Attorney has added to the Resolution, as reflected in Sections 4 and 11 and copies had been furnished Council at this meeting. -4- 2-14-72 A copy of the Resolution in its present form had been given to the Council. Mayor Scheifley requested the City Clerk to read a letter he received, dated February 13, 1972, from Mrs. George Hodges, Chairman, Beautification Co~aittee, expressing appreciation to Council for its interest in providing proper authorization for their Committee. Discussion followed regarding the joint meeting, and the Definitions submitted by Roy Simon, Planning and Zoning Board member, as follows: "DEFINITIONS: 'Beautifications' shall pertain to lawns ,ground cover, planting of nursery stock, such as trees, shrubs, evergreens, flowers and plants. (Excerpts from the Current Minimum Property Standards FHA.) 'Conservation' as applied to natural resources, the care and preservation in such a way as to prolong their use or make for their more effective use. (From Real Estate Appraiser Text Book.)" The Mayor said he feels that the Definitions are limiting and that this is a good resolution. Discussion followed concerning the revised Resolution. Mayor Scheifley asked the Chairman of the Beautification Committee to express her thoughts regarding the Resolution. Mrs. Hodges said she approved of the Resolution and also felt that the Definitions were limiting. Mr. Weekes moved to adop~ the Resolution No. 5-72, seconded by Mr. Youngblood, and unanimously carried. Mr. J. Watson Dunbar, Secretary of Beach Property Owners Association, asked for details and was given a copy of Resolution 5-72. 8.c. City Manager Mariott presented RESOLUTION NO. 6-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF FLORIDA TO BUDGET FUNDS FOR THE CONSTRUCTION OF THE CRITICALLY NEEDED PROPOSED SOUTH TWELFTH STREET BRIDGE OVER THE INTRACOASTAL WATERWAY. (Copy of Resolution No. 6-72 is attached to the official copy of these minutes.) After some discussion, it was unanimously moved to adopt Resolution No. 6-72 upon Mr. Youngblood's motion, seconded by Mr. Saunders. 8.d. City Manager Mariott presented RESOLUTION NO. 7,72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR INSTALLATION OF WATER MAINS AND APPURTENANCES ON SOUTH FEDERAL HIGHWAY. (Copy of Resolution No. 7-72 is attached to the official copy of these minutes.) The City Council at its June 14, 1971, meeting authorized installation of a water line on South Federal Highway between Avenue D and the vicinity of Lindell Boulevard and allocated $20,000.00 to pay the cost of same. Mr. Mariott explained that due to other work of an emergency nature the work'has not progressed as rapidly as expected. The City Manager recommended the adoption of Resolution No. 7-72 and awarding of a contract for completing the project to Gulfstream Construction Company, Inc., for $11,039.50. This money is to come from the Water Distribution System budget account No. 645. Resolution No. 7-72 was unanimously passed and adopted on motion by Mr. Saunders, seconded by Mr. Youngblood. -5- 2-14-72 8.e. The City Manager presented ORDINANCE NO~ 1-72. AN ORDINANCE OF T~IE CITY COUNCIL OF THE CIq~ff OF DELRAY BEACH, FLORIDA, A/,IF.i,/DING THE ~OOPT~ON 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 PLU~'LBING CODE BY DELETING ANY REFERENCE TO ADOPTION OF FUTURE A~ENDMENTS TO THE CODES AND UP-DATING CODES TO CURRENT EDITIONS. (Copy of Ordinance No. 1-72 is attached to the official copy of these minutes.) A Public Hearing, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, was held and there being no objections to Ordinance No. 1-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Young- blood and seconded by Mrs. Martin. 8.f. The City Manager presented ORDINANCE NO. 2-72. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHO~rN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING TttE OPENING, GRADING AND PAVING OF A STRIP TWELVE FEET IN WIDTH, BEING THE SOUTHERLY HALF OF SOUTHWEST SIXTH STREET FROM THE EASTERLY EDGE 6F THE EXISTING PAVING OF SOUTP[WEST EIGHTH AVENUE TO THE WESTERLY EDGE OF THE EXISTING PAVING OF SOUTPB~EST FIFTH AVENUE. The City Manager informed Council that the assessment roll covering the improvements as set out in Ordinance No. 2-72 had been approved at the regular meeting held on January 24, 1972, and had been published in compliance with Charter requirements, Prior to consideration of this Ordinance on first reading, a Public Hearing has been scheduled to be held at this time in order that any interested parties may be heard. There being no objection to said assessment roll, Ordinance No. 2-72 was unanimously placed on first reading, on motion by Mr. Saunders and seconded by Mr. Youngblood. 8.g. The City Manager presented ORDINANCE NO. 3-72. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY TPIE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING THE OPENING, GRADING AND PAVING OF THE NORTH-SOUTH SIXTEEN (16) FOOT ALLEY IN BLOCK 1, ROSEMONT PARK SUBDIVISION TO A WIDTH OF SIXTEEN (16) FEET. The City Manager informed Council that the assessmenf roll, covering the improvements as set out in Ordinance No. 3-72 had been .approved at the regular meeting .held on January 24, 1972, and had been published in compliance with Charter requirements, and prior to consideration of this Ordinance on first reading, a Public Hearing has been scheduled to be held at this time in order that any interested parties maY be heard. -6- 2-14-72 The City Manager an¢~ Council discussed a letter dated February 10, 1972, from Attorney Joel T. Strawn, representing the owner of five (5) of the lots abutting said alley improvement. Mrs. Martin stated that she had. been informed that some of the people objected to the Assessment because they had been told the paving would be done at no cost to them. ~Irs. Gemary Odom, 618 S. W. 4th Avenue, Georgia Ann Anderson, 614 S. W. 4th Avenue, Mr. Isom C. Spivey, 606 S. ~. 4th Avenue, and Mrs. Tommie Williams, 610 S.W. 4th Avenue, informed Council that there was no heading or wording on the Petition they signed, and they were not aware there would be a special assessment for that improvement. Following discussion, Mr. Youngblood moved to table this matter, giving time for an in- vestigation of the matter, 'the motion being seconded by Mrs. Martin and unanimously carried. 8.h. The City Manager presented ORDINANCE NO. 4-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 'DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTIONS 27-37 THROUGH 27-40 ABOLISHING THE SEWER ADJUSTMENT ADVISORY BOARD. Ordinance No. 4-72 was unanimously placed on first reading, on motion by Mr. Saunders and seconded by Mr. Youngblood. 9.a. Regarding Site Plan Approval of Lots i and 8, Block G,. JOHN B. REID'S VILLAGE, located at 301 Venetian Drive, Delray Beach. The City Manager reported that the Site Plan had been reviewed by the Council at the work shop meeting on February 7, 1972. It had been approved by the Planning & Zoning Board and the Beautification Committee. Mr. Saunders made a motion that .the Site Plan be approved, seconded by Mrs. Martin, same being unanimously carried. 9.b. Regarding Site Plan Approval of Lots 375 through 388; 406 through 419; 439 through 452; 474 through 487 and 501 through 514, Tropic Palms, located North of Dotterel Road, East of Jaeger Drive and South of Quail Road, the City Manager explained that this Site Plan had been reviewed by the City Council on February 7, 1972. It had been approved by the Planning & Zoning Board and the Beauti- fication Committee. Mr. Youngblood moved that the Site Plan be approved, the motion being seconded by Mrs. Martin and unanimously passed. The Mayor asked that the records show that Mr. Weekes had left the Council Chambers and did not vote or abstain from voting on this item. 9.c. City Manager Mariott informed Council that the Planning and Zoning Board, at its January 18, 1972, meeting, unanimously voted to recommend approval of the preliminary plat of Palm Aire of Delray, 2nd Section, located in the South half of Section 19-46-43, subject to the City Engineer's recommendations and the change of street names. He said that all City requirements having been met, approval is recommended. The Preliminary Plat of Palm Aire of Delray, 2nd Section, was unanimously approved, as recommended, on motion by Mr. Saunders and seconded by Mr. Youngblood. 9.d. The City Manager reported that the Planning and Zoning Board, at its January 18, 1972, meeting, unanimously voted to recommend that a request for rezoning from ~-lk to RM-1A for triplex apartments on Lots 1 through 9, Block 15, Osceola Park Subdivision be denied and that said Board had received many objections~ from area residents with regard to the rezoning request. --7-- 2-14-72 This item was tabled, at the regular council meeting held on January 24, 1972, due to a request of the applicant that Council defer action at that time as he was unable to attend that Council m~eting. A letter to Council signed by Mr. and Mrs. Peter Gordon, opposing the rezoning request, was presented to Council-~at the January 24, 1972, meeting. The Planning and Zoning Board's recommendation was unanimously sustained and the request for rezoning Lots 1 through 9, Block 15, Osceola Park Subdivision from R-lA to P~H-1A was denied, on motion by Mr. Saunders and seconded by Mrs. Martin. 10.a. The City Manager informed Council that the following bids were opened February 3, 1972, for a Dynahoe Model 160 combination backhoe/front-end loader to be used by the Water Department: Bidder Amount Pilot Equipment Co. $22,171.52 H. F. Mason Equipment Co. 21,492.80 He reported that the current budget provides $22,000.00 for this equipment, and recommended that award be made to the low bidder. Purchase of the backhoe/front-end loader from H. F. Mason Equipment Company in the amount of $21,492.80 was unanimously approved on motion by Mr. Youngblood and seconded by Mr. Weekes. 10.a. Concerning repair of the Teen Town Pool, it was reported that the filter had been disassembled and a report made on needed repairs of same at a cost of $890.00. This Work has been done by the Delray Pools, Inc. The city Manager informed Council of the following proposal and contract dated February 11, 1972, from Delray Pools, Inc., regarding the Teen Town Pool: "Proposal and contract We propose to furnish labor and materials to perform the following work in the swimming pool filter tank: (1) Clean tank and tube sheet (2) Recoat tank with fiberglas resin and cloth (3) Coat tube, sheet with expoxy resin (4) Replace the following: Shell gasket Cover gasket Tube clamps Tube spider Tube closure plate Suspension rods as required Poro-stone tubes as required (5) Reassemble For the sum of $4,850.80" The City Manager reported that $6,000.00 has been budgeted for repairs of that pool, and the expenditures were unanimously approved on motion by Mr. Saunders and seconded by Mr. Young~lood. 10.a. Regarding an item brought up by Mr. Weekes earlier during this meeting concerning the widening .of N. E. 3rd Street between Swinton Avenue and 1st Avenue, the City Manager reported that this work would be completed later this week. -8- 2-14-72 .L.:~ .... Regarding the item brought up by Mr. Youngblood of the potential dump area developing at the Corner of N. W. 3rd Street and 7th Avenue, .the City Manager reported that the land is low and the owner plans to have about two ,feet of rubble place, d there, with about two feet of earth.placed on top of that to bring it up to a sufficient grade for.building purposes. /~:~ ~.: In regard to stree~ resurfacing, the. City Manager reported that ~the County has ·agreed to resurface a portion of N. W. 9th Street - this street leads to the Delray Beach Playhouse which is located outside the City limits. 10.a.-~ Mr. Weekes reported that he had been informed that W P T V Channel 5, objects to the cable TV service for Delray Beach and the City Manager was asked to investigate this. 10.b. The following BILLS FOR APPROVAL were unanimously approved for payment on motion by Mr. Youngblood and seconded by Mr. Weekes: General Fund $239,775.87 Sewer Revenue Fund $125,000.00 Cigarette Tax Fund $ 45,047.72 Utilities Tax Fund $ 25,440.00 The meeting adjourned at 9:15 P.M. HALLIE E. YATES City Clerk -9- 2-14-72 ORDINANCE NO. 1-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE ADOP- TION OF THE SOUTHERN STANDARD BUILDING' CODE; SOUTHE. RN STANDARD BUILDING CODE, PART II ~ GAS; NATIONAL ELECTRIC CODE; FIRE PREVENTION CODE; SOUTHERN STANDARD HOUSING CODB; · AND SOUTHERN STANDARD PLUMBING CODE BY DELETING ANY REFERENCE TO ADOPTION OF FUTURE AMENDMENTS TO THE CODES AND UP DATING CODES TO CURRENT EDITIONS. WHEREAS, THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT desires the City to bring its ordinances concerning the· uniform codes pertain- ing to the construction industry by eliminating a surplusage of words, and adopting the current editions, and WHEREAS, the City Council deems it to be in the best interest of the City to delete such surplusage and adopt the current editions: NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 9-1, Chapter 9 of the Code of Ordinances be amended to read as follows: "Sec. 9~1. Southern Standard Building Code and Delray Beach Supplement adopted by reference. The 1969 Edition of the Southern Standard Building Code including the 1971 rev{sion, supplements, amendments, addi- tions thereto, and revisions thereof, including the Supple- ment For the City of Delray Beach, Florida,· (attached here- to and made a p~rt of this Ordinance), is hereby adopted as the building code for the City of Deiray Beach." SECTION-2. That.'Section 9-1.1, Chapter 9 of the· Code of Ordinances be amended to read as ·follows: "Sec. 9-1.1. Southern Standard Building Code, Part II, Gas, adopted by reference. The 1969 Edition of the Gas Code, including the 1971 revision, as compiled by the Southern Standard Building Congress, with supplements, amendments, additions thereto, and revisions thereof, (attached hereto and made a part of this Ordinance), is hereby adopted as the Gas Code ~for the City of Delray Beach." SECTION 3. That the.first paragraph of Section 13-4 (g), Chap- ter 13 of the Code of Ordinances be amended to read as follows and all numbered paragraphs under Section 13-4 (g) are~ to remain in ef-.~ fect with no changes: "Sec. 13-4 (g). Adoption of ·National Electrical Code. Except as in this chapter otherwise provided, all eiec-~ %rical construction and all material and appliances used in connection with electrical work and the operation of all electrical apparatus within the City shall conform to the rules and regulations of the National Electrical Code 1971 Page 2. Ordinance No. 1-72. Edition, as recommended and published by the National Fire Protection Association for the installation of wiring and electrical apparatus for electrical purposes, of which cop-' les are on file in the office of the city auditor and clerk, which rules and regulations are hereby adopted, and approved. and made a part of this chapter as fully as .if set out in length herein; provided that the rules and regulations of the National Electrical Code are not in any respect in conflict with the provisions of this chapter, this code, the laws of the state or subsequent ordinances and resolutions of the City." SECTION 4. That Section 14-1, Chapter 14 of the Code of Ordinan~ be amended to read as follows: "Sec. 14-1. Adoption of Fire Prevention Code. There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the 1971 Edition of Fire Prevention Code recommend- ed by the American Insurance Association, including all re- visions, save and except such portions as are hereinafter deleted, modified, or amended, of which code not less than three copies have been and are now filed in the office of the clerk of the City and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the City." SECTION 5. That section 15A-l, Chapter !5A of the Code of Ordinates be amended to read as follows: "Sec. 15A-i. Housing Code adopted, incorporated by reference. The Southern Standard Housing Cod'e, being particularly the 1969 edition thereof and the whole thereof, of which not less than three (3) copies have been and are now filed in the office of the city clerk of the City of Delray Beach, Florida, and the same are hereby adopted and incorporated as fully as if set forth at length herein, and from the date on which .this chapter shall take effect, the provisions therein shall be controlling in the use, maintenance and occupancy of all dwell- ings, dwelling units and/or structures within the area of jurisdiction of the City of Delray Beach, Florida." SECTION 6. That Section 21-1, Chapter 21 of the Code of Ordinances be amended to read as follows: "Sec. 21-1. Southern Standard Plumbing Code adopted by reference. The 1971 Edition of the Southern Standard Plumbing Code, with supplements, amendments, ariditY_ohs thereto, and revisions thereof, 'as ~ended by the City of Delray Be~ch, Florida, is hereby adopted as the Pl~nbing Code for the City of Delray Beach." 34--C Page 3. Ordinance No. 1-72. SECTION 7. Should any section or provision of this ordinance or any portion thereof, or any paragraph, sentence or word be declared by a court of. competent jurisdiction' to be invalid, such decision shall not affect the validity of the remainder hereof, other than 'the part declared to be invalid. SECTION 8. Authori.ty to Codify. This Ordinance may be codified and incorporated into the City's existing code. PASSED AND ADOPTED in regular session on the second and final reading on this the 14th day of February ,1972 . ATTEST: First Reading · January 24: 1972. .. Second Reading February 14, 1972. RESOLUTION NO. 4-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZ- ING A CITY CONTRACT FOR THE ASPHALT RE- SURFACING OF CERTAIN STREETS. WHEREAS, it is the recommendation of the City Manager that the Council, acting by authority of provisions of Section 78 of the City's Charter, authorize the proper City officials to con- tract for the asphalt resurfacing of City streets at a negoti- ated price of $9.80 per ton; and WHEREAS, such contract is to be for the asphalt resurfacing of streets designated by the City Administration; and ~tlEREAS~~ payment for such contract is to be made from paving funds provided in the current Budget; and WHEREAS, it is the Council's opinion that such action would be in the best interest of the City; - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY.~BEACH, FLORIDA, AS FOLLOWS: That authorization is hereby granted for the contracting for the a~phalt resurfacing of streets by Dixie Asphalt Company at the negotiated price of $9.80 per ton. PASSED AND ADOPTED in regular session on this' the 14th day.of February, 1972. ATTEST: · City C~k RESOLUTION NO. 5-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE APPOINTMENT OF A BEAUTIFICATION COMMITTEE A2~D OUTLINING THE DUTIES OF · SUCH COMMITTEE. -' -' ' WHEREAS, the City Council of the City of Delray Beach, Florida, desires to have a committee to cooperate with Council and the Planning & Zoning Board on the overall appearance of the city, both present and future. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, as follows: Section 1. That the City Council hereby authorizes the creation of a Beautification Committee to consist of 22 active members to be appointed by Council. Section 2. Membership. Active members serving on the committee shall consist of residents of the city or be the principal operators of businesses in the city, or the spouses of such operators. Persons serving shall not be employed by the city and shall serve without pay. Section 3. Ex-officio. The following are designated as ex-officio members, a non-active member without voting powers: a. The head of the City Parks & Recreation Department. b. Member of the Planning & 'Zoning Board ko be designated 'by said board. c. Member of the City Council to be designated by Council. Section'S4. HOnorary members. The committee may appoint as many honorary members as they deem necessary, who will be non-active members without voting powers. Section 5. Organization. The Beautification Committee shall organize itself with a chairman and secretary and such other officers as deemed necessary and as many subcommittees as they shall determine are necessary to carry out their respons- ibilities to Council and the Planning & Zoning Board. Such sub- . committees may act for the entire committee. Section 6. Reports. The committee shall submit copies of the minutes of each meeting to each member of Council, City Manager, Planning & Zoning Board and the City Planning Director. .Interim reports may be submitted if deemed necessa~ry by the committee. Section 7. Term of office. Persons appointed shall serve for a period of one (1) year or until their successor~ are appointed, except that Council may, at their pleasure, remove any members or fill any vacancies. The com~nittee may submit recommendations for membership. Page 2. RESOLUTION NO. 5-72. Section 8. Duties. The duties of this committee are to advise and recommend to Council and the' Planning &.Zoning Board action to be taken in the following matters as they con- cern beautification and conservation factors: a. The overall appearance of'{he city. b. Long range plans for beautification projects. c. Review site plan landscaping. d. Conservation programs. Section 9. Meetings. Meetings shall be held at least monthly. Special meetings or subcommittee meetings are to'be held as necessary to meet the time limits necessary for city operations. Section 10. The duties and privileges of this committee are advisory only and shall always be subject to approval, dis- approval and~control of City CounCil. Section 11. The active members appointed to a Beautification Committee on January 10, 1972, shall constitute the members of this committee until their successors are appointed, except Alfred Elliott, who shall be an ex-officio member. PASSED AND ADOPTED in regular session on this 14th day of February, 1972. ATTEST: City Clerk// RESOLUTION NO. 6 - 72 A RESOLUTION 'OF THE CITY COUNCIL OF THE CITY OF DELP~AY BEACH, FLORIDA, REQUESTING THE DEPARTMENT OF. TRANSPORTATION OF THE STATE OF FLORIDA TO. BUDGET FUNDS 'FOR THE CONSTRUCTION OF THE CRITICALLY NEEDED PROPOSED SoU~4 TWELFTH STREET BRIDGE OVER THE INTRACOASTAL WATERWAY. WHEREAS, the right of way has all been procured, and the Coast Guard is holding hearings on the South Twelfth Street Bridge in Delray Beach, Florida; and WHEREAS, the present Atlantic Avenue Bridge in Delray Beach on State ROad S-806 was opened in 1952 when the official census for.Delray Beach was 6,312; and WHEREAS, the 1970 census for Delray Beach was 19,366, estimated at present to be'21,500 and projected for 1975 to be 29,000, with 5,250 units in process as of December 31, 1971, to which can be added facilities for 9,000 tourists which has become a year round business; and WHEREAS, this rapid growth in population has resulted in more vehicle traffic over the 20-year-old Atlantic Avenue Bridge which far exceeds the original design capacity; .and WHEREAS, the population growth all along the east coast has. created a large increase in boat traffic resulting in more raisings and lowerings of the Atlantic Avenue bridge for which the equipment was not designed thereby resulting in breakdowns; and WHEREAS, due to the low 'clearance of 14. feet for the Atlantic Avenue Bridge, it is estimated that the bridge must be raised for 50 per Cent of the boats using the Intracoastal Waterway; and WHEREAS, during a recent period, the Atlantic Avenue Bridg'e was opened for the passage of boats as many .as 8 times per hour and remained open for a period of 2.36 minutes minimum to a maximum of 6.65 minutes; and WHEREAS, the bridge was not useable by vehicles numerous times as a result of breakdowns, which breakdowns lasted for a period of'l to 4 hours; and ' WHEREAS, at times when bridge was not useable, it would take upwards of 45 minutes to detour and cross the 8th Street bridge; and WHEREAS, during times when bridge was not. useable, prompt and efficient fire, police, ambulance and other emer- gency services for the citizens were not available to the section of Delray Beach lying east of the Intracoastal Water- way; and · Page 2. RESOLUTION NO. 6-72. WHEREAS, the present traffic on S-806, also known as Atlantic AVenue, in Delray Beach, is congested many times daily with the stacking of ~raffic for bridge openings and breakdowns and stacking .of traffic for train crossing to such an 'extent that north and south bound .traffic on .U.S. 1, in Delray Beach, is impeded and sometimes blocked because of such stacking of traffic; and WHEREAS, the proposed South Twelfth Street Bridge in Delray Beach will be of a maximum height which will necessitate fewer openings for boat traffic and faster movement of vehicles; and WHEREAS, as a result of the fewer openings, the following traffic will utilize the Twelfth Street Bridge in going to areas east of the Intracoastal Water~F_ay, and thereby reduce the traffic on Atlantic AVenue, namely: ~ (a) People using 1-95, whose destination is east of the Intracoastal Waterway, will utilize the interchange at 12th Street and avoid Atlantic Avenue traffic, traffic lights and bridge openings and breakdowns. (b) Most trucks and commercial vehicles would utilize the South Twelfth Street Bridge for the resultant savings in time as a result of avoiding the heavy traffic on Atlantic Avenue and the uncertainty of bridge openings and breakdowns. (c) City garbage and trash trucks hauling to the transfer station located south of 12th Street. (d! The City's only snorkle fire engine which is stationed on 12th Street with most high-rise buildings being east of the waterway. WHEREAS, the Sown of Highland Beach with~ a population in 1969 of 200 and today has 1,700 and has plans in process for the construction of. approximately 2,000 more living units adds greatly to the-Atlantic Avenue bridge congestion problem and would use the new South Twelfth Street Bridge. THEREFORE, be it resolved by the City Council of' Delray Beach, Florida, that: The Department of Transportation of the State of Florida be advised of these matters to illustrate the necessity for promptly moving forward by budgeting funds necessary for the construction of the South Twelfth Street Bridge in Delray Beach to help ease serious traffic problems with which the City is confronted today and which will be getting worse with each passing day. PASSED kND ADOPTED in regular session on this 14th day of February, 1972. ATTEST. /~ M A Y 0 R ~ J -- RESOLUTION NO. 7-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR INSTALLATION OF WATER MAINS AND APPURTENAb?CES ON SOUTH FEDERAL HIGHWAY. WHEREAS, City Council authorized $20,000 on June 14, 1971, pred- icated upon the City doing the work, and WHEREAS, the City started the work and has spent approximately $12,000 and due to other priorities are unable to finish the work which is necessary to save plantings and complete the City water' loop, and WHEREAS, it is the recommendation of the City Manager that the City Council, acting by authority of provisions of Sections 2-14 of the City's Code of Ordinances, authorize the proper City officials to contract for ~he installation of water main.s and appurtenances at an estimated negotiated price of $11,000, and WHEREAS, such contract is to be for the installation of water mains and appurtenances on South Federal Highway between Avenue D and Lindell Boulevard, and WHEREAS, it is the Council's opinion that such action would be in the best interest of the City. NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1~ That authorization is hereby ·granted for the contract- ing for the af0resa~_d installation of water mains and appurtenances by Gulfstream Construction Company for the approximate sum of $11,000. SECTION 2. That $3,000 shall be transferred from the Water and · Sewer Fund Contingency Account to the Water Distribution Account of the Water and Sewer Fund. PASSED ~ND ADOPTED in regular session on this the 14th day of February, 1972. ATTE ST - City C 1 erk~'