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04-24-72 APRIL 24~ 1972. A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, April 24, 1972, with Mayor James H. Scheifley presiding, Acting City Manager Thomas E. Weber, City Attorney G. Robert Fellows, and Council Members Grace S. Martin, Jo L. Saunders, Leon M. Weekes, and O. F. Youngblood present. !.-. The opening prayer was delivered by Reverend John Thomas, St. Paul's Baptist Church, Delray Beach, Florida. 2. The Pledge of Allegiance to the Flag of the United States of America was then given. 3. The minutes of the regular meeting of April 10, 1972, were unanimously approved on motion by Mrs. Martin, seconded by Mr. Weekes. 4. Upon Mrs. Martin's request, Acting City Manager Weber stated that he would bring the question of the present status of the Beach Revetment law suit with Dickerson, Inc., to the City Manager's attention for a report on same. 5.a. Mr. Arthur Sprott discussed the possible purchase of one acre of land on S. E. 10 Street, presently owned by the City, which would then become a part of a 10-acre tract to be used for the construction of a shopping center. After Mr. Sprott reviewed the background in this matter, he asked Council to express its thoughts as to the feasibility of again making a request to Council and the Planning and Zoning Board, regarding the sale of the City- owned land and approval of a Grand Union Shopping Center at that location. Since a number of new developments had taken place recently, Mayor Scheifley suggested that this matter be discussed at the next workshop meeting. It was agreed that Council should invite Mr. Sprott to that meeting.- 5.b. Mrs. John Wilmer, 1115 N. W. 5 Avenue, Delray Beach, of the League of Women Voters of South Palm Beach County, Inc., read the following statement: "The League of Women Voters of South Palm Beach County has long been on record of favoring good community planning, and has been following the development of a Master Plan for Delray Beach with great interest. We are eager to see procedures followed which will ensure immediate presentation of the plan to the City Council for action. We, therefore, urge as a first step, the consideration of the land-use plan as a Goal Statement of the Delray Beach City Council, following the procedures outlined in the Florida State Statutes, Vol. 1, Chapter 163, Part II, with particular reference to Enabling Act, Section 163.205." After some discussion, it was decided to hear from the public on this unscheduled matter. Mr. Michael Bon Durant, 644 Kingbird Circle, Tropic Palms Subdivision, Delray Beach, Vice President of the Tropic -1- 4-24-72 Palms Home Owners Association, Inc., presented a letter to Council that explained the Association's position on the Master Plan and how it affects the residents of Tropic Palms Subdivision. The letter stated as follows: "Gentlemen of .the City Council, We of the Tropic Palms Homeowners Association, Inc., wish to bring to your attention a matter of great concern to the residents of our area, and as it indicates what could become a trend, is important to all the people of Delray Beach. Along Jaeger Drive and Curlew Road in Tropic Palms, there are nineteen lots bordering a large segment of our single family home community. These lots numbered 262 through 281 inclusive, are presently zoned RM~i. A developer is now attempting to begin construction on triplex and fourplex structures on these lots to surround a large portion of the $30,000 to $40,000 single family homes now existing. The Master Plan, which we support strongly as a means to protect us from such violations against good and responsible city planning,- would alter the zoning of these lots to a maximum density of three to six units per acre. Thus, the Master Plan as it is written would greatly reduce the population density of present RM-1 zoning, would prevent the possibility of 3~0 additional automobiles rolling through our residential streets, and would protect our families and children from the hazards of excessive population density. We feel strongly that present zoning is an injustice to those who have bought homes in Tropic Palms in order to live in the kind of pleasant, uncrowded neighborhood that Delray Beach is known for. We see only one way that you, our chosen officials, ~can protect us. We recommend that you change the present zoning of the above mentioned lots from RM-1 to R-1AA. We further recommend that this action be taken immediately in order to prevent the initiation of the construction of the multi-family buildings planned for the immediate future. We have attached a petition with regard to the above, signed by 81 residents of Tropic Palms representing over 90% of the resident homeowners. We hope the City Council will accept this as a constructive proposal for our city by the Tropic Palms Homeowners Association, Inc. We feel that it is entirely consistent with the concept of the proposed Master Plan and therefore in the best interests of the people of Delray BeaCh." Mr. Bon Durant also presented the following Petition to Council, signed by 81 residents of Tropic Palms, requesting a change in zoning: "We, the undersigned, residents of Tropic Palms, Delray Beach, Florida, petition the City of Delray Planning Board and the City Commission to recommend and approve the rezoning of the below described properties from RM-1, multiple family dwellings to R-1AA single family dwelling. Lots 242 through 281, Tropic Palms Plat No. 1, Plat Book 25, Page 99, according to the Plat on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. -2- 4-24-72 Further, we the undersigned, sign this petition with the knowledge that the Tropic Palms Homeowners Associa- tion, Inc., of Delray Eeach, Florida, will present this petition to the Delray Beach Planning Board on my behalf and interests." Mayor Scheifl~y explained that the Land Use Map as part of the Master Plan and zoning are entirely different subjects and that no zoning changes would be discussed at this time. Mr. E. P. Palmatier, 1011 Seagate Drive, Delray Beach, representing Beach Property Owners Association, expressed his views in favor of the Council adopting the Master Plan in principle, and then preparing the ordinances. Mr. John Pitts, 237 Seacrest Lane, Delray Beach, urged Council to examine the Master Plan as soon as possible and adopt it prior to formulating ordinances applicable thereto. Attorney Paul Wolfe pointed out the legalities involved in connection with the Master Plan and he suggested that Council follow Chapter 163 of the Florida Statutes and adopt the Master Plan in principle. He referred to Chapter 163.175, Sub-paragraph 4, concerning Public Hearings and also to Chapter 176. Mr. Wolfe suggested that Council follow the procedures that have been followed in the past. Mr. Howard Seid, 925 Banyon Drive, President of Tropic Isle Civic Improvement Association, Mr. Stanley Simzer, 648 Kingbird Circle, Tropic Palms Subdivision, Mr. W. M. Remy, 1051 Dogwood Drive, Tropic Isle Subdivision, Board Member of Tropic Isle Association, and Mr. Frank Carey, 524 Andrews Avenue, Delray Beach, .all strongly urged that the Master Plan be adopted as soon as possible. Mayor Scheifley explained that the Master Plan was not referred back to the Planning and Zoning Board, but that all of the requests from the developers who would like to see their lands remain zoned as they are now, or had objections to the Plan, were referred to the Planning and Zoning Board for a recommendation on each specific request, as Council felt it did not want to listen to each of the developers without a recommendation from the people who prepared the Plan. Attorney John Ross Adams, representing Delray Industrial Properties, requested that Council study this matter at a workshop. Mrs. Martin stated that she felt the Master Plan should not be adopted in principle or in any other way until Council has had a workshop meeting on the matter and studied it thoroughly. Mr. Weekes agreed with Mrs. Martin in part and suggested a meeting with the Planning and Zoning Board. A meeting with the Planning and Zoning Board was also recommended by Mr. Saunders and Mr. Youngblood. Mayor Scheifley asked the City Attorney to outline the specific legal procedure he would recommend that Council take regarding the Land Use Plan. The City Attorney stated that the Land Use Plan is part of the over-all comprehensive plan. The comprehensive plan has to be worked on as set out in the Charter. If Council wanted to adopt the Land Use Plan in principle, or as a Goal, the City Attorney did not feel it would legally~have any effect because there had been no Notice of Public Hearing. He felt that it would have no weight legally. Mayor Scheifley asked City Attorney Fellows to be more specific about the procedure he would advise Council to follow with respect to the Master Plan. The City Attorney questioned the terms "Master Plan" and "Comprehensive Plan". Mayor Scheifley suggested that Council take both together or individually in an -3- 4-24-72 effort to make it clear. The City Attorney stated that the Land Use Plan is part of the Comprehensive Plan. He was then asked what the difference was between the two plans. Mayor Scheifley stated that he was under the impression, from previous conversations, that the City Attorney had referred to a public hearing and having ordinances ready, but that the City Attorney had not mentioned anything in connection with same at the meeting. Mr. Fellows stated that he was trying to pinpoint what was to be discussed. He stated that as far as the Comprehensive Plan was concerned, it was not fully completed when received from the Planning and Zoning Board in that the implementing ordinances were not submitted at that time. The Charter calls for the Compre- hensive Plan and the ordinances pertaining to same be on file with the City Clerk's office fifteen (15) days before an ad is run for a Public Hearing. Mr. Fellows recommended that some action be taken concerning the Master Plan or Comprehensive Plan, possibly by a resolution adopting same at the public hearing. The ordinances will then either have their first reading or they can be delayed. He said that the ordinances will still not rezone anything. What will be accomplished is the establishing of new zoning areas, different types of zoning than now exists, and different groupings. ' City Attorney Fellows stated that this is what the ordinances would do and if these steps are taken, then Council would adopt a new zoning map to tie in with the new zonings. It was pointed out that this Land Use Plan is a goal and not a zoning map. Mayor Scheifley said it was his understanding that if Council adopted the Land Use Plan in principle, it would still have to go through the procedure of adopting the Master Plan, advertising, having the Public Hearings and adopting the ordinances. The City Attorney confirmed same. Mayor Scheifley said it was his further understanding of the procedure that there would be certain dangers involved in not adopting the Land Use Plan at the present time. He maintained that the Land Use Plan should be adopted first. Then various requests and variations from it would be heard. Mayor Scheifley stated that if Council considered the 15 to 20 developers who are protesting this Plan, it would not be adopted in the form as intended by the Planning and Zoning Board. He felt that it would be better for Council to start out with a principle and a goal and not back off from it than to try to fashion the goal to the wishes of all of the developers. He stated that, in his opinion, some of these requests by the developers are reasonable and justified. Mayor Scheifley suggested adopting the Master Plan - Land Use Plan - in principle, as of now, and then get the recommenda- tions from the Planning and Zoning Board on the individual cases and consider each one on its own merits. Upon Mr. Palmatier's question, Acting City Manager Weber stated that there was still money due and owing to the firm of Barr, Dunlop & Associates, Inc., Planning Consultants. Mr. Andrew Gent, Secretary of the Planning and Zoning Board, said there was approximately 10% unpaid on the bill, as the Board felt that the printing should not be done or paid for until after the Land Use Plan was adopted. Mr. Gent stated that since the Land Use Map had been referred to Council on April 4, 1972, by the Planning and Zoning Board, it was Council's position to ask the Zoning Board for a joint meeting. Upon Mrs. Martin's question, the City Attorney stated that he concurred with the comments of Attorney Wolfe concerning State Statute 163.175. Mrs. Martin asked if the City would have to adopt an ordinance to be able to adopt the plan. The City Attorney explained that the Council would have to adopt an ordinance to come under the procedure set out in Chapter 163. Mrs. Martin then asked -4- 4-24-72 if that was being asked to be done at this meeting, and the city Attorney said that he did not believe this was the question. Mrs. Wilmer stated that this Statute was simply used as an example of a perfectly feasible and legal procedure, that she was quite aware that the enabling ordinance of 1969 had not been adopted by the City of Delray Beach, that she had simply used it as an example which could be followed, and it was one that she wished was available for use by the City at this time. During a general discussion, Mr. Robert Grauch, 154 Gleason Street, Delray Beach, asked Council for a comprehensive definition of the Land Use Plan, what is the Comprehensive Plan, what is the Zoning Plan, what is the Master Plan, which of these are synonymous one with the other, along with many other questions. Mayor Scheifley expressed his understanding and views regarding the situation. Mr. Weekes said that he had no objection to approving the Land Use Plan in principle or as a goal but he wanted to be certain that those people who have objections are heard by Council before the Plan is adopted. He felt there are changes that have to be made before adoption of the Plan. Mr. William Koch suggested adopting the Master Plan and then hold public hearings, at which time people can present their individual cases. Council can decide on them and eventually have the plan adopted along with the ordinances changing the requirements for the different areas. Mayor Scheifley assured Mr. Koch that after certain preliminary steps have been taken, there definitely would be a public hearing held before final action is taken in this matter. Mr. Kenneth Jacobson, Chairman of the Planning and Zoning Board, asked Council if the Planning and Zoning Board was heading in the right direction in reducing densities, and if it was heading there in principle as a goal. He felt that when the Planning and Zoning Board is assured of that, it can go into detail and write the ordinances. He doubted that the ordinances could be prepared with the indecision that was shown at this meeting. He felt that Council should give the Planning and Zoning Board some sign of approval and it will then move ver-y quickly. Mr. Saunders moved that the Land Use Plan be adopted in principle. Mr. Weekes seconded the motion and asked that it be included in the motion that it be explicitly understood that all objectors to the Plan would be heard. Mr. Saunders agreed to include this in his motion. The resulting passing vote on this motion was as follows: Grace S. Martin No. James H. Scheifley Yes. Leon M. Weekes Yes. J. L. Saunders Yes. O. F. Youngblood Yes. Mayor Scheifley requested that the Planning and Zoning Board consider the items it now has pending before it as soon as possible and make recommendations to Council. He also asked the City At- torney to outline the specific procedure that Council can follow in this matter. 6.a. The Acting City Manager recommended that Council approve the execution of Supplemental Agreement No. 22, which is an updating of the contractual arrangement between the City and Russell and Axon for the providing of water and sewer consulting engineering services by that firm. Mr. Youngblood so moved, seconded by Mr. Weekes, and unanimously passed. (Copy of Supplemental Agreement No. 22 is attached to the official copy of these minutes.) -5- 4-24-72 6.b. Acting City Manager Weber asked Council to consider authorizing the transfer of $700.00 from the General Fund Contingency Account, to use along with the $500.00 transferred from this account on January 24, 1972, for the City's share of the cost of placing the overhead electric wiring underground along the West side of N. W. 1 Avenue between Atlantic Avenue and N. W. 2 Street. This had been discussed at a workshop meeting on April 17, 1972. Mr. Weekes made a motion to that effect, seconded by Mr. Youngblood, and unanimously carried. 6. c. It was reported by the Acting City Manager that the following bids have been received for the replacement of the three deteriorated docks at Knowles Park: Bidder Bid Co E. Hart Marine Construction, Inc. $6,600.00 West Palm Beach G. W. Martin Seawall, Inc. $7,980.00 Deerfield Beach ' The Acting City Manager recommended that Council authorize awarding of a contract to the low bidder, C. E. Hart Marine Construction, Inc., in the amount of $6,600.00. Mr. Saunders so moved, seconded by Mrs. Martin, and,unanimously passed. 6.d. Acting City Manager Weber recommended that Council authorize the release of an improvement bond for the installation of sidewalks in Sudan Subdivision, the sidewalks required by the City in this subdivision having been installed by the developer, Judge John B. Ambrose. Mrs. Martin made a motion that the improvement bond of Judge Ambrose be released, seconded by Mr. Saunders, and unanimously carried. 6.e. The Acting City Manager recommended that authorization be given for the upgrading of the City's IBM Multi-Function Card Unit on the System/3 Computer. He informed Council that this modification would double the speed for the reading, sorting and printing of cards. Preparations are now underway for the programming of the City's gen- eral ledger, revenue and budgetary accounting on this system with a target date of October 1, 1972. He stated that the cost of the recommended modification is $4,500.00, plus installation cost of $451.00. The modification cost can be added to the balance of the City's present purchase contract which is to be paid off within four years. Upon Mrs. Martin's question, Mr. Weber explained that the sum of $451.00 would come out of the Water and Sewer Contingency Account. Mrs. Martin made a motion that authorization be given to upgrade the City's IBM system and recommended that $4,500.00 be added to the balance of the present purchase contract, and the $451.00 should come from the Water and Sewer Contingency Account. Mr. Youngblood seconded the motion, said motion being unanimously carried. 7.a. Mayor Scheifley acknowledged receipt of the minutes of the Beautification Committee for its April 5, 1972, meeting. 7.b. Acting City Manager Weber reported that a letter had been received from Russell and Axon, the City's consulting engineers, recommending the approval of Supplemental Agreement No. 4, Change Order in the amount of $14,058.21, in connection with certain mod- ifications of the contract with Intercounty Construction Corporation -6- 4-24-72 for construction of the City's new water plant and related improve- ments. He reported that the original contract was in the amount of $1,825,000.00. There have been three previous Change Orders - one a decrease in the amount of $8,000.00 and two increases in the amounts of $1,291.93 and $1,776.18. The new contract amount, if the requested Change Order is approved, would be $1,834,126.32, an increase of $9,126.32 over the original contract amount. Mr. Weber explained that the reasons for the currently requested Change Order were the purchase of new equipment for installation in the new water plant and work to be done with respect to water supply well and installation of additional concrete, all as set forth in the proposed SuPplemental Agreement No. 4. Mr. Saunders moved for the adoption of the proposed Supplemental Agreement No. 4, seconded by Mr. Youngblood, and carried unanimously. (Copy of Change Order No. 4 is attached to the official copy of these minutes.) 7.c. Acting City Manager Weber reported that a request for gratis license had been received from George Butler Thompson, 1404 N. W. 2 Street, Delray Beach, and that satisfactory evidence per Section 16-4 of the City Code and Section 205.162 of the Florida Statutes had been submitted. Mr. Youngblood moved for the approval of the request by George Butler Thompson for a gratis license, seconded by Mr. Saunders, and unanimously approved. 8.a. Tt3. e Acting City Manager presented RESOLUTION NO. 16-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY SEWERS INSTALLED IN THE TROPIC BAY SEWER PROJECT AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWERS. (Copy of RESOLUTION NO. 16-72 is attached to the official copy of these minutes.) After a general discussion, RESOLUTION NO. 16-72 was unanimously passed and adopted on motion by Mr. Saunders, seconded by Mr. Youngblood. 8.b. Acting City Manager Weber presented RESOLUTION NO. 17-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY SEWERS INSTALLED IN SEWER DISTRICT DESIGNATED AS TROPIC ISLE THIRD SECTION, COMPRISING THAT AREA OF TROPIC ISLE SUBDIVISION AS FOLLOWS: BOUNDED ON THE NORTH BY THE PERLINO CANAL, ON THE WEST BY TROPIC BAY SUBDIVISION AND SPANISH TRAIL, ON THE SOUTH BY THE BIMINI CANAL, AND ON THE EAST BY THE INTRACOASTAL WATERWAY. (Copy of RESOLUTION NO. 17-72 is attached to the official copy of these minutes.) Upon motion of Mr. Youngblood, seconded by Mr. Saunders, RESOLUTION NO. 17-72 was unanimously adopted. X. Mayor Scheifley informed the audience that Delray Beach presently has a program formed in which it is striving to become the first city in Florida with tertiary sewer treatment. -7- 4-24-72 8.c. The Acting City Manager presented RESOLUTION NO. 18-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE EAST-WEST ALLEY ADJACENT TO A~D SOUTH OF LOTS 10 THROUGH 15, BLOCK 13, OSCEOLA PARK SUBDIVISION, CITY OF DELRAY BEACH, FLORIDA. (Copy of RESOLUTION NO. 18-72 is attached to the official copy of these minutes.) RESOLUTION NO. 18-72 was unanimously passed and adopted on motion of Mr. Saunders, seconded by Mr. Weekes. 8.d. The Acting City Manager presented ORDINANCE NO. 7-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LASID, NAMELY LOT 42, LAKE SHORE ESTATES, WHICH LAIRD IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (2013 N. W. 2 Avenue, Delray Beach, Florida.) ORDINANCE NO. 7-72 was unanimously placed on first reading, on motion by Mrs. Martin, and seconded by Mr. Weekes. 8.eo Acting City Manager Weber presented ORDINANCE NO. 8-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMES/DING CHAPTER 17 PERTAINING TO OFFENSES BY ADDING SEC. 17-34, MAKING IT UNLAWFUL TO HAVE ANY FIRES - OPEN BURNING WITHIN THE CITY LIMITS, DEFINING OPEN BURNING, PROVIDING EXCEPTIONS, AND ESTABLISHING PENALT IE S. He informed Council that an administrative order was issued on April 18, 1972, prohibiting burnin~g which will be in effect until an ordinance prohibiting burning is adopted by Council and the ordinance becomes effective. Ordinance No. 8-72 was unanimously placed on first reading, on motion by Mr. Youngblood and seconded by Mr. Saunders. 9.a. The Acting City Manager reported that Council had received a recommendation from a citizen residing in North Palm Beach County that Delray Beach institute a moratorium with respect to certain annexation and zoning actions. This recommendation to City Council was then referred by Council to the Planning and Zoning Board for study and recommendation. Mr. Weber informed Council that at a meeting held on April 11, 1972, the Planning and Zoning Board determined that the request for a moratorium on annexation and rezoning of properties did not affect Delray Beach, inasmuch as its reserve area had already been planned. Council was informed that a motion was then passed by the Planning and Zoning Board, by a vote of 4 to 2, recommending that the Council pass a resolution in support of the County mora- torium on lands beyond the City's statutory reserve area. Messrs. Gent and Simon dissented. Upon Mayor Scheifley's question, the City Attorney ex- plained that land could be annexed only if the properties were adjacent, abutting or contiguous to the City of Delray Beach. -8- 4-24-72 Following a general discussion, Mr. Weekes made a motion, seconded by Mr. Youngblood, and unanimously carried, that the Council direct the City Attorney to prepare a resolution in support of the County's moratorium on zoning. 9.b. Acting City Manager Weber reported that the Planning and Zoning Board, at its April 11, 1972, meeting, by unanimous vote, passed a motion recommending that the City Council ask Mr. Arnold Ramos of the Department of Transportation whether it would be feasible to provide a grade separation at Linton Boulevard and U. S. Highway 1. Mayor Scheifley stated that he had discussed this matter with a number of people who are interested in businesses and property in that area, and he felt that this matter should be referred to a workshop meeting. Mayor Scheifley asked the Acting City Manager to inform the City Manager to have the City Engineer ready to give the pros and cons regarding this particular situation. After a general discussion, it was agreed by Council to refer the matter of a grade separation at Linton Boulevard and U. S. Highway 1 to a workshop meeting. 9.c. Acting City Manager Weber informed Council that the Planning and Zoning Board, at a meeting held on April 18, 1972, by unanimous vote, recommended that Council approve, for a period of one year, the use of a mobile home as a sales office by Dr. Russell M. Wright, located at 1225 South Federal Highway. Mr. Saunders made a motion that the request be granted, seconded by Mr. Youngblood, and unanimously approved. 9.d. The Acting City Manager reported that at a meeting held on April 18, 1972, the Planning and Zoning Board recommended that the name of Atlantic Avenue be changed to Atlantic Boulevard, by a vote of 4 to 3, with Messrs. Gent, Simon and Woolbright dis- senting. He stated that some time ago Mr. John Ross Adams had recommended that the name of Atlantic Avenue be changed to Atlantic Boulevard. This was referred by City Council to the Planning and Zoning Board for study and recommendation. Mr. Youngblood moved to Sustain the recommendation of the Planning and Zoning Board in this matter. The motion died for lack of a second. A general discussion followed and it was decided by Council that there would be no name change at the present time. 9.e. Acting City Manager Weber reported that the Planning and Zoning Board at its April 18, 1972, meeting, by unanimous vote, recommended that the City Council grant permission for the use of a mobile home for snack bar purposes for one year ending on March 22, 1973, and that Council request the County Commission to expedite locating the snack bar facility inside the South County Complex building, thus allowing discontinuance of the mobile home for snack bar purposes. Same is now located at South County Complex. Upon Mr. Weekes' motion, seconded by Mr. Saunders, and unanimously carried, it was moved to permit the snack bar to operate for one year, ending on March 22, 1973. 9.f. The Acting City Manager informed Council that the Planning and Zoning Board, at its April 18, 1972, meeting, by unanimous vote, recommended that Council approve the use of a mobile trailer as a sales office for a period of three months, located adjacent to 2098 .Cathrine Drive, Delray Estates, which is North of Linton Boulevard and West of Congress Avenue. McKeon Construction Company is the applicant. A general discussion followed, after Mrs. Martin questioned past instances wherein the request for the use of such a trailer was -9- 4-24-72 made to the Council after the trailer was already in operation. Upon Mr. Weekes' suggestion~ Mayor Scheifley asked the Acting City Manager to inform the City Manager that Council wished to have a letter sent to the Planning and Zoning Board, to the effect that a request for a trailer sales office must be included in the site plan. Mr. Saunders made a motion, seconded by Mr. Youngblood, and unanimously passed, that the application of McKeon Construction Company for the use of a mobile trailer for sales office purposes for a period of three months be granted. 9.q. Acting City Manager Weber reported that at its April 18, 1972, meeting, the Planning and Zoning Board unanimously voted to recommend to City Council that it approve the preliminary plat of Sherwood Park Villas in Section 24-46-42, subject to (1) dedication of the right-of-way of Dover Road southerly to Linton Boulevard, (2) removal of the term "golf course" (which is not a permitted use in R-1AAB or R-1AA zoning districts), (3) City Engineer's recommendations, and (4) change of name from Sherwood Lake Villas to Sherwood Park Villas. He explained that the property encom- passed by this preliminary plat is a part of the John Walker Develop- ment located South of Lowson Boulevard, North of Linton Boulevard and- a short distance East of Military Trail. Mr. James Ritterbusch, 1511 North Swinton Avenue, suggested that Council review the pre- liminary plat before approving same. Following a general discussion, and an examination by Council of the plat, Mr. Weekes moved to refer this matter,to a workshop meeting, seconded by Mrs. Martin and unanimously carried. 9oh. The Acting City Manager informed Council that at its meeting held on April 18, 1972, the Planning and Zoning Board unanimously voted to recommend to City Council that it approve the preliminary plat of The Hamlet, subject to (1) indicating that Forest Boulevard is to be abandoned within their property, (2) dedication of Dover Road on the easterly boundary of their property, (3) recommendations of the City Engineer, and (4) the "red marks" noted on the plat. Mr. Weber explained that the property is located East of and adjacent to Military Trail and has a portion of its northern frontage adjacent to and on the South side of West Atlantic Avenue. Attorney John Ross Adams, after stating his opinion regarding this matter, introduced Mr. M. V. Kelly, developer, who described the various conditions and circumstances that were in- volved in this matter. Mr. Weekes moved that Council accept the preliminary plat as presented, subject to the following conditions: 1. Forest Boulevard to be abandoned within the property. 2. Dedication of Dover Road on the easterly boundary of the property. 3. 'Recommendaticns as noted by the City Engineer. 4. "Red marks" which indicate the abandonment of Forest Road and the dedication of the Dover Road right-of-way. Mr. Youngblood seconded the motion, and same was passed, with Mr. Saunders abstaining. He informed Council that he is a member of Investors Diversified Services and he understood that IDS money is involved in this matter. 10.a. The Acting City Manager informed Council that he had recently received an application for rezoning from C-2, General Commercial District, to C-3, Wholesale Distribution and Light Industrial District, of the following described property: -10- 4-24-72 The West_ quarter cf Lot 29, less the East 70 feet of the South ].55 feet as measured along the boundary lines of said West: quarter cf Lot 29 and less the North 50 feet of the right-of-~.;ay, Section 20, Township 46 South, Range 43 East. (1020-1022 S.W. 10 Stzeet, Delray Beach, Florida.) Mr. Weber recon~mended that this matter be referred to the Planning and Zoning Board. Upon Mr. Saunders-' motion, seconded by Mrs. Mar~in, and unanimously passed, it was moved to refer this matter to the Planning and Zonin9~ Board for study and recommendations. 10.b. Th.e following BILLS FOR APPROVAL were unanimously approved for payment on motion by Mr. Youngblood and seconded by Mr. Saunders: General Fund $301,039.18 Improvement Fund $ 73,519.89 Capital Improvements Construction Trust Fund $ 79,839.57 The meeting adjourned at 9:15 P.M. HALLIE E. YATES City Clerk '~MAyo R ~ -11- 4-24-72 ?8-A CITY OF DELRAY BEACH PALM BEACH COUNTY, FLOP. IDA PROJECT NUMBER 6469-3 WATER WORKS IMPROVEMENTS SECTION I -' WATER TREATMENT PLANT SUPPLEMENTAL AGREEMENT NO. 4 CHANGE ORDER This agreement entered into this 28 day of A~ril , 1972, by and between the City of Delray Beach, Palm Beach County, Florida, as party of the FIRST part, and Intercounty Construction Corporation, as party of the SECOND part, as being a supplement to a certain Contract by and between the parties aforesaid, dated the 30 day of March , 1971 , for the construction of Water Works Improvements, Section I -Water Treatment Plant, in the City of Delray Beach, Palm Beach County, Florida. WHEREAS in the construction of the above subject ~Arater Works Improve- ment Project, which includes provision for relocating existing Lime Feeder equipment from other existing plants to the new Water Plant, it has been deter- mined that said equipment has deteriorated to such an extent that replacement of some parts is required; and WHEREAS it has been determined that existing Well No. 6-S, because of undesirable performance and proximity to the new Control Building, requires relocation with a new Well No. 13a-S, whi'ch along with proposed new Wells No. la-N and No. 16-N requires additional instrumentation and electrical controls; and WHEREAS additional asphaltic concrete paving is desired by the owner to provide access to the south door of the new control buildin~j. WITNESSETH: I. WHEREAS the party of the FIRST part desires to make certain change's and additions to the Contract, as follows: A. Furnish and install new Lime Feeder equipment including certain electrical changes as required. B. Provide additional instrumentation and electrical controls for new Wells No. 13a-S, la-N, and 16-N. (See memo, Change Order, dated 1/4/72, Att. ffl) ~8-B C. Provide additional paving. (See Sketch, dated 1/4/72, Att..~2) II. WHEREAS the party of the SEC, OND part has agreed to furnish and install the additional items as follows: A. Two Wallace & Tiernan Series A728 Lime Feeders complete with tanks, valves, mixers and hoppers. (See Intercounty Proposal, dated 2/16/72, Att. ~:3) (Addition to Contract - $5,727.00) B. The necessary instrumentation and the electrical connections for three new Wells 13a-S, la-N and 16-N C. Additional asphaltic concrete paving.' (See Intercounty Proposal, dated 2/17/72, Att. ~4) (B plus C equals Addition to Contract - $8,331.21) III. THEREFORE, it is further agreed and understood by both parties hereto that - the Contract shall be amended as follows: Original Contract Amount $1,825,000.00 Previous Deduction (C. O. ~1,6/14/7!) . - 8,000. O0 Previous Addition(C. O. ~2,9/27/71) + 1,291.93 Previous Addition(C. O.~3,11/1/71) - +1 , 776.18 This Change Order/14 -Addition +14. 058.21 Adjusted Contract Amount $1,834,126.32 IV. It is further agreed and understood by both parties hereto that the Contract time will not be changed by this Change Order and this Change Order shall not alter in any manner the force and effect of the o~ginal Contract dated the 30 day of March , 1971 , and same shall stand in full force 'and effect in all respects, except as amended by this agreement. ATTEST: INTERCOUNTY CONSTRUCTION CORPORATION . (": q/.-:. ..... ---?:-- /., '-~ .... :' '" :~',~t~:; Authorized Officer Approved as to Co~ectness and Form ACCgPTgD BY CITY OF DEL~AY B~AOH, F~. - By ,," ': '7::/'.-'/' .' , Bye, "*'~"-" >/ [ City Attorney // M~or ~ ~' ~COMMENDE~ FO~ ~P~OV~ · . City ~an~ger RUSSELL & AXON , . / . ' 2"~'~ / CONSULTING ENGINE,S, INC. By .~;"%. ?:~1-' ? ~ .... ,--.' ,' ,~ d.. -2- Change Order ~4 Intercounty Constructio; 78-C CHANGE ORDER TO INTERCOUNTY CONSTRUCTION CORP. THREE ADDITIONAL WELLS 13a-S - la-N - 16-N Pro$9ct 6469-3h ]. 13a-S - Extend conduits and wires from location of existing well 13-S, which is to,be abandoned, to location of new well 13a-S - termination of conduits ann wires as shown on sheet 5 of 7. 2. Well No. la-N - Connect control wires inside control console at north plant. Provide necessary relays and switching. Sheet 6 of 7. 3. Well No. 16-N - Connect control wires inside control console at north plant. Provide necessary relays and switching. Sheet 7 of 7. 4. Expand capacity of scanning system at north plant and new plant for control of well Nos. la-N and 16-N. See sheet No. 51 of 74 (E2). 5. Make connections to well matrix pi~board for well Nos. la-N and 16-N. Well 13a-S shall use the proposed connections for well 13-S. 6. In case the work of the plant contract is finished ahead of the completion of the additional wells, the plant contractor shall perform the necessary work for connections of well controls after the well contract is finished. ATTACHMENT 1 78-D 78-E In;er¢ounb/ £ons, rucfion Corporation A SUBSIDIARY O0 WESTINGHOUSE ELECTRIC CORP. February 16, 1972 Russell & Axon P. O. Box 1837 Delray Beach, Fla. 33444 Attention: J. H. Klinck, P.E. Re: Water Treatment Plant Delray Beach, Florida Gent lemen: At your request we inspected the existing lime feeders at the Delray Beach Water Treatment Plant. It is our opinion that relocating the .existing solution chambers is inadvisable. They are so corroded that removing them may result in their leaking seriously. They should be replaced with new chambers including float valves and mechanical mixers. The feeders are operating satisfactorily, but for how long is impossible to determine. Should a gear box fail, the replacement cost would be approximately half the cost of a complete new feeder. The agitation diaphragms are crazing, and will require replacement in the near future. In view of the above, we are submitting our proposal for replacement of these items. We propose to furnish the following for an Extra Cost to the Owner of $5,727.00: 2 Wallace & Tiernan Series A728 Feeder w/hopper agitation, one inch diameter screw and one inch stroke. 2 Fifty gallon Lime Solution Tanks. 2 Float Valves ' 2 Mechanical Mixers / 2 Feed Hoppers ' , .-/ '. ATTACHMENT 3 ,':. ' ' "~C~ ,t.,,'/' V' -'h [~ .... ', ~L,~ ."'x' 3 78-F Russell &Axon - 2 - February 16, 1972 _ We can expect to receive the above in approximately 60 ~ays after firm order is received in Wallace & Tiernan's main office. Please indicate your intention to this proposal at your earliest conYenienceo Very truly yours, INTERCOUNTY CONSTRUCTION CORPo Carl Ho Huns£cker Project Eng£neer 78-G In] rcounb, Construction Corporation February 17, 1972 Russell & Axon P. O. BOX 1837 Delray Beach,FL Attentlon: J. H. Kllnck, P.E. Re: Water Treatment Plant Oelray Beach, Florida Gent I emen: In response to your letter of December 30, 19711 a sketch of danuary /4, 1972 sho~ing additlonai paving; a Russell & Axon memorandum dated January J+, 19721 .'and a change order to intercounty Construction, we propose the following: To supply the necessary Instrumentation and the connectlon for sa~e, for two new wel Is and the relocation of one existing well; to provide addltlonai paving for the lump sum additional cost of $8,331.21. l~e trust this meets with your approval and we may have your authorization to proceed with sa~e. Very truly yours, INTEROOUNTY CONSTRUCTION CORP. // ( g-~-' c-"~-~' . Carl H. Huns Icker Project Engineer /_L..~" _~r.~-~, '%% ,'._~7 f: : ". t '.A. ,'" _\ CHH:lc ATTACHMENT 4 I:--[ , c~ .~ ,?, fA-,.. - \'.:.', .' :"--L'~,.., ,- ,.' \~.'. C. LL .. ' '~UN , .;; '"'-:.~ ' 1 · lOO N. ID,~,~[ H,OH,',~* FT. LAUDF-,RDALE: 563-42~1 F'ORT LAILJD£~-¢DALF--- q 78-H RESOLUTION NO. 16-72 A RESOLUTION OF THE CITY COUNCIL, OF THE CIT~ OF DELRAY BEACH, FLORIDA, ACCEPTING ALL S2,NITARY SEWERS INSTALLED IN THE TF. OPIC BA.Y SE'WER PROJECT AS OPE~%TIONAL AND SETTING T}IE IIqITIAL SCHEDULE OF RATES, FEES AND OTHER CPL%RGES TO BE IMPOSED FOR THE SE~ViCES AND FACILITIES FURNISHED BY SAID SANITARY SEWERS. WHEREAS, Arthur V. Strock and Associates, Consulting Engineers for the above Tropic Bay Sewer Project, have certified as operational all sanitary sewers and related facilities as shown on the plans for said sewer project as presented by the Consulting Engineers, Arthur V. Strock and Associates, and previ- ously approved by the City of Delray Beach; and, WHEREAS, the sewers and facilities in the Tropic Bay Sanitary Sewer Project have been inspected and approved by personnel of the Delray Beach Public Utilities Department, Sewers Division; and~ WHEREAS, it is deemed to be in the best interests of the affected properties that initial schedule of rates, fees and other charges be imposed for the services and facilities furnished by the sewer system, as set forth and contained in Resolution No. 1359 and in'Article III, Sanitary Sewerage, Chapter 27, of the Code of Ordinances of the City. NOW, THEREFORE, BE IT RESOLVED by the City'Council of the City of Delray Beach, Florida, as follows: 1. That all sanitary sewers and related facilities installed in Tropic Bay Sanitary Sewer District are hereby accepted by the City as being operational and subject to the initial schedule of rates, fees and other charges previously established, and appli- 'cable thereto. 2. That nothing herein contained shall be construed as discharging the contractor from the strict performance of his remaining contractual duties. That the contractor, and his bonding companies, remain responsible in all respects until released in accordance with his contractual agreement. PASSED AND ADOPTED this 24th day of April , 1972. ATTEST: City Clerk ~./ 78-I RESOLUTION NO. i7-72 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY SEWERS INSTALLED IN SEWER DISTRICT DESIGNATED AS TROPIC ISLE THIRD SECTION, COMPRISING THAT AREA OF TROPIC ISLE SUBDIVISION AS FOLLOWS: BOUNDED ON THE NORTH BY THE PERLINO CANAL, ON THE WEST BY TROPIC BAY SUBDIVISION AND SPANISH TRAIL, ON THE SOUTH BY THE BIMINI CANAL, AND ON THE EAST BY THE INTRACOASTAL WATERWAY. WHEREAS, Arthur V. Strock and Associates, Consulting Engineers for the above project, Tropic Isle Third Section, have certified as operational all sanitary sewers and related facilities as shown on the plans for said sewer project as presented by the Consulting Engineers, Arthur V. Strock and Associates, and previ- o~ approved by the City of Delray Beach; and, WHEREAS, the sewers and facilities of the said Tropic Isle Third Section Sanitary Sewer Project have been inspected and approved by personnel of the Delray Beach Public Utilities Depart- ment, Sewers Division; and, WHEREAS, it is deemed to be in the best interests of the affected properties that the initial schedule of rates, fees and other charges be imposed for the services and facilities furnished by the sewer system, as set forth in Resolution No. 1359 and in Article III, Sanitary Sewerage, Chapter 27, of the Code of Ordinances of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: 1. That all sanitary sewers and related facilities installed in the Tropic Isle %~]ird Section Sanitary Sewer Project, as above described, are hereby accepted by the City as being operational and subject to the initial schedule of rates, fees and other charges as previously established, and applicable the re to. 2. That nothing herein contained shall be construed as discharging the contractor from the strict performance of his remaining contractual duties. That the contractor, and bonding companies, remain responsible in all respects until released in accordance with his contractual agreement. PASSED AND ADOPTED this 24th day of .April , 1972. ~i/ ./ M A y O-R/. ~' ,/ / ATTEST: City CleFk ./ 78-J P. EEOLUT!ON HO. 18.--72. A RESOLUTION OF THE CITY COUECIL ©F THE C!'fY OF DEIJ~AY ]~E/'~Ctl, FLO~IIDA, VAC2~'3ING THE E,/ST---X~EST AJiLEY Z0~,]'ACEb~T TO .h~::D SOUTH OF LOTS 10 TIIIiOUGH ].5, BLOCK 13, OSCEO~t SUBDIVISIOi4, CiSYf OF DEL~iY BEACi{, FLORIDA. WHEREAS, James Kirkwood, Jr., and Claudine B. Kirkwood, his wife, owners of Lots 10 through 15, Block 13, Osceola Park Subdivision, per Plat Book 3, Page 2, Public Records of Palm Beach County, Florida, and James Kirkwood, Jr., owner of the East half of the North 330 feet of South 495 feet of Lot 9, Block 1, lying East of S. E. 5 Avenue and South of Alley lying South of Lots 10 through 15, Block 13, Osceola Park, and that part of Lot 21, Block 2, lying West of U. S. Highway No. 1, all of said land being in Model Land Company's Subdivision of the West half of Section 21, Township 46 South., Range 43 East, per Plat Book 1, Page 128, Public Records of Palm Beach County, Florida, have petitioned the City of Delray Beach for abandonment of the East-West Alley adjacent to and South of said Lots 10 through 15, Block 13, Osceola Park, and adjacent to and north of said property above described and lying within Lot 9, Block 1, and Lot 21, Block 2, Section 21-46-43; and, W~. EREAS, this matter was referred to the Planning and Zoning Board and~ after due consideration, they recommended that the request be approved; and, WHEREAS, the City Council deems it to be in the best interests of the City to abandon said East-West alley adjacent to and South of Lots 10 through 15, Block 13, Osceola Park Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That pursuant to S~ction Seven (7), Paragraph Three (3) of the Charter for the City of Delray Beach, Florida, it is hereby determined to vacate and abandon the following described right-of-way: That the East-West alley adjacent to and South of Lots 10 through 15, Block 13, Osceola Park Subdivision, as appears in Plat Book 3, Page 2, Public Records of Palm Beach~County, Florida. PASSED AND ADOPTED in regular session on this the 24th day of April , 1972. // MAYOR ATTEST: City CleL~/ 78-K SUPPLEMENTAL AGREEMENT NUMBER 22 ENGINEERING CONTRACT CITY OF DELRAY BEACH, FLORIDA WHEREAS, the City of Delray Beach, Florida, hereinafter referred to as the OWNER, and Russell & Axon Consulting Engineers Incorporated, here- inafter referred to as the ENGINEERS, entered into a Contract for engineering services on the 30th day of September, 1959, and have subsequently modified said Contract by various Supplemental Agreements, Authorizations, Additions and Amendments thereto and, WHEREAS, on February 7, 1972, the OWNER, by written Authorization, requested the ENGINEERS to proceed with engineering services relating, but not necessarily limited to: project surveys, construction plans and specif- ications, contract documents, advertising, receiving bids and award of con- struction contracts, consulting services during construction, and resident inspection, including such other incidental services as are required and customary in the engineering profession to successfully complete a major capital improve- ments program for the OWNER, hereinafter referred to as the PROJECT and, WHEREAS, the above authorized services pertain to water and sewage systems improvements previously recommended to the OWNER in a report dated January 1972 (Water and Sewer Rate Study, Proj. No. 6469-3d-8d) and, WHEREAS, the OWNER and the ENGINEERS consider it to be to their mutual interests to consolidate and redefine the various categories of services to be performed by the ENGINEERS as they now apply under the terms of the existing Contract dated the 30th day of September, 1959, and all Supplements," Authorizations, Additions or Amendments relating thereto, into one all-encompass- ing Supplemental Agreement for the purpose of clarifying the concepts of engineer- ing services to be performed by the ENGINEERS when required by the OWNER for future projects in the Civil Engineering field. 78-L WHEREAS, it is deemed appropriate to amend the terms and provisions relating to any compensation due the ENGINEERS for services rendered, in keeping with current, customary practices in the municipal engineering field, in conformance with currently published professional fee schedules. NOW, THEREFORE, the parties hereto mutually agree as follows: A. ENGINEERING SERVICES 1. The OWNER and the ENGINEERS hereby supplement the provisions of the basic Contract of 30 September, 1959, in conformity with the classification of engineering services as presented in Section II of the attached 1972 edition of the American Society of Civil Engineers Manual No. 45, titled "Consulting Engineering", hereinafter referred to as the MANUAL, which, by reference, forms a part of this Agree- ment. Future editions of said MANUAL, as revised and updated from time to time shall supersede the 1972 edition when and as they are promulgated. a. It is understood that the ENGINEERS services, when authorized by the O~VNER, shall conform to, and be governed by the classifications defined in said MANUAL. b. Authorization for the ENGINEERS to render any or all of the various classifications of ser;~ices herein covered shall be given to the ENGINEERS in writing by an authorized represent- ative of the OWNER, except that participation in meetings, conferences and the like, my be requested verbally by any authorized city official. 2. The OWNER hereby reaffirms the Authorization of February 7, 1972, for the ENGINEERS to proceed with engineering services in promulgation of the PRO~ECT hereinbefore described. a. It is understood that the ENGINEERS services for the PROJECT, which are currently in progress, shail be in accord with the provisions of the preceding paragraphs 1, la and lb. b. This reaffirmation shal'l in no way alter the intent and scope of the PROJECT Authorization of February 7, 1972, except that compensation to the ENGINEERS for services rendered on the Delray Beach-Russell & Axon -2- Supplemental Agreement f~ 22 78-M PROJECT shall be adjusted to conform to the terms of pay- ment provided hereinafter. c. The ENGINEERS reaffirm that certain credits are due the OWNER for fees, where applicable, paid for preliminary engineering reports covering water and sewage systems improvements, under the provisions of authorizations dated August 14, 1970 (Project 5964-8e-I). B. TERMS OF PAYMENT 1. For purposes of compensation, all engineering services may be related, as appropriate, to the following categories. a. Phase h Preliminary Studies and Reports b. Phase II: Design and Contract Documents c. Phase III: Consulting Services during Construction d. All Other Consultation and Special Services 2. It is agreed that compensation for engineering services rendered pursuant to this Agreement shall be based on the following Terms of Payment. a. Fees for Phase I, Preliminary Studies and Reports, shall be established by mutual agreement between the OWNER and the ENGINEER at the time of authorization for specific services. Such fees may be baled on any of the several methods of determination described in Section V of the MANUAL, as may be appropriate to the assignment. b. Fees for Phase II, Design and Contract Documents, shall be computed at 4.00% of the Project construction cost. c. Fees for Phase III, Consulting Services during Construction, shall be computed at 2.00% of the construction contract cost. d. Fees for all other Consultation and Special Services shall be governed by the methods described in Section V of the MANUAL, subject to the following specific rates, where applicable. -3- Delray Beach-Russell & Axon Supplemental Agreement # 22 78-N (1) Per Diem Rates: May be negotiated when required. (2) Retainer: May be negotiated when required. (3) Salary Cost Times a Multiplier: A multiplier of 2.5 shall apply, plus Direct non-salary expenses (or "out-of-pocket expenses "). (4) Lump-Sum payments may be negotiated when fOr appropriate specific services. (5) Automobile Mileage, where applicable, shall be compensable at the rate of 12 cents per mile. 3. When the Percentage of Construction Cost is used as the basis for compensation, such Construction Cost shall initially be determined by the ENGINEERS estimate, based on final plans and Specifications. Such costs will subsequently be adjusted to the final contract construction cost, subject to changes in scope of the work or engineering services incurred during the Project. It is understood that the fee will be based on the Project as designed by the Engineer. 4. The OWNER agrees that all ENGINEERS fees shall be payable monthly, based on ENGINEERS invoices, and that when the ENGINEERS are engaged on continuing assignment9 extending over long periods of time, payment will be made for appropriate invoices based on monthly progress certificates furnished by the ENGINEERS. 5. When, in the performance of any authorized assignment, it becomes nec.- essary to employ technical specialists or services outside of the ENGIN- EERS normal organization, the OWNER will compensate the ENGINEERS for the actual cost of such services, plus ten percent of said cost, to cover costs of supervision, provided such services are not performed by the staff of the OWNER. -4- Delray Beach-Russell & Axon Supplemental Agreement ~ 22 78-0 DONE, ENTERED INTO, AND EXECUTED this ~. day of , ,/; .~_.~ 1972 ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk ,/ I/ ~ ~ ~"' Cit~ ~ttb~'ney SEAL ATTEST: RUSSELL & AXON CONSULTING ENGINEERS,INC ., '-. .z~',' ' ~! /.;~; .~-' r ,~/ , ' ,, ' · · ,.' ;; ~. By ~ . [ -- ~uthorized Officer George D. Russell, P.E. President SEAL -5- Delray Beach-Russell & Axon Supplemental Agreement ~.~ 22