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02-08-71 FEBRUARY 8, 1971. A regular meeting of the City Council of the City of Delray Beach, was held in the Council Chambers at 7:30 P.M., with Mayor J. L. Saunders in the Chair, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows and Council Members Grace S. Martin, James H. Scheifley, Leon M. Weekes and O. F. Youngblood being present. 1. An opening Prayer was delivered by Dr. Warren J. Nubern. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of January 1971, were unani- mously approved, on motion by Mr. ¥oungblood and seconded by Mr. Weekes. 4. The City .Clerk read a letter from Mr. & Mrs. Robert Kelly, 118 N. E. 13th Street, to the Mayor and Chairman of the Beautification Committee, in appreciation of receiying a Beautification Merit Award. 5. Mr. Youngblood said he had received several complaints from the West- ern Sector regarding children riding bicycles at night without lights and recon~aended that something be done about it. Mayor Saunders referred this item to the City Manager for investiga- tion by the Police Departnnent. 5. Mr. Youngblood reported that he had an opportunity to visit the Municipal Court, with Ernest Simon, Municipal Judge, and i. C. Smith, City Prosecutor, presiding. He sai~ that complaints from defendants had prompted him to attend Court, but he found that the Judge and Prosecutor have been fair and pa- tient in all their cases and that he would like to commend them for same. 5. Concerning 1-95, Mr. Youngblood reported that he had been contacted by several people saying that they are able and. willing to construct a housing project for low-income families with approximately 200 units, if the land is available for same. He asked if there is such land available with water, sewage and dra.~nage for said project. Mayor Saunders reported that there may be City land available and if it is put up for auction in the near future, these people who are interest- ed in bidding on said property can contact the City Manager for further in format ion. 5. Mayor Saunders reported 'that the landscaping of the North end of the Beach, authorized at the last meeting, is nearly completed. He commended the Administration on how quickly the job is being finished. He also reported that the parking 'lot at the Site of the old Police Station and City Hall has been paved but the landscaping has not been done. 6.a. City Manager Msriott reported t]lat in compliance with Section 169 of the City Charter, a proposed assessment roll is being presented for Ceunci! consideration. Further, these assessments are the result of the opening, grading and paving of that portion of S. W. 6th Avenue lying between S. W. 4th and. 7th Streets to a width of 22 feet and sai~ improve- ment, which was previously authorized by Council, has now been completed and total cost of same 'h~s been determined. Mr. Scheif!ey moved to approve said Assessment Roll, as presented, the motion being o~_cno.~d by Mrs Martin and un~nimous!y carrie~ 6.b. The Cz,~y ~an~9'er reported that Hr. Arthur Strock, representing Joyce ox ~.~.o.~zd~, inc., presented to the Plann. ing and ZonN'~g Board, at its January 5th meet-~_ng, a revise~, si.'te plan for the Tropic Ba~' Pr()ject. 'l~he pr~:x~sed revision prov~es for rei',}cing t~he number o~ uni. ts ,from ._,s9 to 365; inet'easinG the parkiK, g s.ree from ~ 7 %-0 7 s~aces ','}~ unit; ~fhe -!- building height of five stories remaining the same; the layout of the build- ings being similar to the original plan; the revision being requested in order to increase the size of the units and the privacy between the build- [ngs. He said that following a review of the request by the Board at its February 2nd meeting, a motion was unanimously passed to recommend Council approval of said revised site plan and that the Beautification Committee also recommends approval subject to the addition of palms every fifty feet along Florida Boulevard. Mr. Youngblood moved to sustain the recommendation of the Planning and Zoning Board and approve the revised site plan of Tropic Bay, the motion being seconded by Mrs. Martin and unanimously carried. 6.c. Concerning a proposed contract and lease with Southern Sanitation Service, Inc., which provides for the handling of the garbage and trash from Boca Raton at the City's refuse transfer station, the city Manager explained a few changes .in the pr.oposed AGREEMENT ON MODIFICATION OF CON- TRACT AND LEASE and LEASE, since copy of same had been furnished to Co unc i 1. During general discussion, the City Manager asked Mr. Wayne Huizenga, President of Southern Sanitation Service, Inc., if the City would have the option of using the scales when they are installed instead of using the present method of determining payment. Mr. Huizenga responded in the af f irmative. Concerning Council action, the City Attorney said it should be to accept the modification of the Contract and Lease. It was s° moved by Mr. Youngblood, seconded by ~tr. Scheifley and unanimously carried. (Copy of AGREE~ZENT ON MODIFICATION OF CONTRACT AND LEASE and LEASE are attached to the official copy of these minutes.) See pages 28-A-F. 6.d. Council was informed'that the terms of Messrs. Charles E. Toth and Julian Wells as members of the City's Building Code Appeal Board expire February 12, 1971, and the remaining members of the Board have reco~end- ed reappointment of Mr. Charles E. Toth and appointment of Mr. Donald L. Craig for four-year 'terms .expiring on February 12, 1975. ~'~s. Martin moved to reappoint Mr. Charles E. Toth and appoint Mr. Donald L. Craig for four-year terms on said Board. The motion was sec- onded by Mr. Weekes and unanimously carried. 6.e. The City Manager reported that Mr. Patrick J. Bitetto has applied for a special exception and site plan approval for construction of a two- story, 12-unit apartment building at 268 N. E. !4th Street (RM-2 zoning classification), which site plan provides for ten one-bedroom units and two two-bedroom units, with 22 parking spaces. He said ingress will be from N. E. !4th Street with both ingress an~ egress on N. E. 3rd Avenue and a three-foot hedge on all street frontage. Further, the Planning and Zoning .Board unanimous].y recommends Counci] apprcval of the site plan and special exception, and it is recommended that this request be deferred for study 5t a workshop meeting. Said"- request was unanimously deferred for study at a workshop meetin~,, ; on motion by Mr. Scheifley and seconded by Mr. ¥oungblood. 6.f. Mayor Saunders presented several lifeguards with Certificates of Recognition from the National Red Cross for extraordinary perscna! action in the rescue of Mrs. Bunice Schaffer, 72, on January 15, 1971. The lifeguards receiving that recognition are john LaPointe, Supervisor; Peter Cloux, Hea~ Lifeguard; Bernie Paul and Jchn Pe~rt, ![feguards. In behalf of the Ci'.t.y, Mayor Saunders congratulated 'the lifeguards for their perform%~nces ~nd for the fine work they are doing ~t the Beach. 6.g. ~egarding authorizing execution of an ~?reame'nt w~.+.~~. RDsseli & Axon for engineering services in connection wit.'h water a~_d sewer facilities 'to -2- ~ ,n 'i, ' , i, ' I ' I' i ~ ~ ] ~i Ii I ,[,' ,]111'i' ,I 1,1' iilllll II '' ' i II '1 I ' ' I '1' · , ', serve High Point Development, Bati-Service Development and other areas in the western section of the City, with the fees the same as specified in the City's present contract with Russell & Axon for providing engineering services to the City, Mr. Weekes moved to authorize the execution of said agreement with Russell & Axon. The motion was seconded by Mr. Youngblood and unanimously carried. 7.a. City Manager Mariott informed Council that a request has been re- ceived from Rev. Harold Norman for a permit to erect a 40' x 60' tent on Lots 4 and 5, Block 2, Atlantic Pines, located on West Atlantic Avenue, for the purpose of conducting a religious revival during the period from March 1 through 15, 1971. Further, this revival is to be sponsored by the Church of God in Christ, 102 S. W. 12th Avenue; has the approval of the Ministerial Association, and in addition, Rev. Norman has submitted a letter from Mr. Harry Hagwood, owner of said property, on which the tent is to be erected, giving his permission, as well as a certificate stating that the tent has been flame retardant treated, and that approval of said request is recommended. Said request was unanimously, granted, on motion by Mr. Youngblood and seconded by Mrs. Martin. 7.b. The City Manager informed Council that a request has been received from Mr. C. Rankin Bingham for abandonment of a portion of S. E. 5th Street to provide proper ingress and egress to his property located at the corner of S. E. 7th Avenue and 5th Street, and recommended that said request be referred to the Planning and Zoning Board for study and recom- mendation. Said request was unanimously referred to the Planning and Zoning Board for study and recommendation, on motion by Mr. Scheifley and sec- onded by Mrs. Martin. 8.a. The City Manager presented RESOLUTION NO. 7-71. 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. (Copy of Resolution _~o. 7-71 is attached to the official copy of these minutes.) See page 28-G. Resolution No. 7-71 was unanimously passed and adopted on this first and final reading, on motion by Mr~ Youngblood and seconded by Fn~.. Weekes. 8.b. city Manager Mariott presented ORDINANCE NO. 4-71. AN ORD_NANCm OF THE CITY OF DELP~AY BEACH, FLORIDA, LEV%lING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY ~ANAGER OF SAID CITY, CONCERNING THE OPENING, GP~AD'ING AND PAVING OF T~LAT PART OF SOUTHWEST SIXTH AVENUE LYING BETWEEN SOUT~iWEST FOURTH AND SEVENTH STREETS TO A WID~.~H OF T~ENTY-TWO FEET. Ordinance No. 4-71 was unanimously placed on first reading, on motiOn by Mr. Sche~_fley and seconded by Mr. Youngblood. 9.a. Council was zn.,_orm~ed ~hat the Plaything and Zoning Board at its reg- ular meeting of january 26, 1971, passed a moZion to reco?~nend to the Council that a moratorium become effective immedia%e].y and last for a period of six months or until the master plan is adopted on (1) rezoning and (2) anne×ation 'of lands ~_~ept in an R-1AA or h~gner zoning class'[fi- cation. 2'"8-71 Mr. Scheifley pointed out that the Planning and Zoning Board uses the phrase 'effective i~n~mediately' and if Council were to pass this now, there are items on tonight's Agenda that could not be completed and said' items were approved by the Planning and Zoning Board. He suggested that this item be referred to a workshop meeting. Said request was unanimously referred to a workshop meeting, on mo- tion by Mr. Scheifley and seconded by Mr. Weekes. 9.b. The City Manager informed Council that following a public hearing held by the Planning and Zoning Board at its February 2nd meeting (with no objections) on a proposal to amend SeCtion 29-1 (21), definition of "frontage", and Section 29-4, dealing with R-1AAA, R-iAAA-B, R-1AA zones and creation of-a new zone, R-1AA-B zoning district, the Board passed a motion recommending that Council approve said amendments. Further, should Council wish to sustain the recommendation of the Planning and Zoning Board, the City Attorney should be directed to prepare an ordinance pro-! viding for the amendments for consideration bY the Council at the next regular meeting. - Mrs. Martin moved that the ~ity Attorney be directed to prepare said ordinance concerning the recommendations of the Planning and Zoning Board, the motion was second, ed by Mr. Youngblood and unanimously carried. 9.c. City Manager Mariott reported that at its regular meeting of Novem- ber 9, 1970, Council referred to the Planning and Zoning Board for study and recommendation Resolution No. 69-70, which provides for the City's approval of the Network Six Plan adopted by the Policy Committee of the West Palm Beach Urban Area Transportation Study; and following review of said plan at its February 2nd meeting, the Board unanimously passed a motion directing that a memorandum concerning this subject be transmitt- ed to the Council. He recommended that Resolution No. 69-70 be referred to a workshop meeting prior to Council taking any action on said Resolution. Resolution No. 69-70 was unanimously referred to a workshop meeting, on motion by Mr. ¥oungblood and seconded by Mrs. Martin. 9.d. The City Manager reported that the City Council, at its January 25th meeting, referred to the planning and Zoning Board for study and recommenda- tion a request from Mr. Charles A. Mullah of the Delray Waterway Partner- ship for annexation, with RM-1A Zoning, of the North 300 feet of the South 1600 feet of the North half of Section 28-46-43, located between the Intra- coastal Waterway and A1A opposite the Delray Beach Club, 2001 South Ocean Boulevard, and following consideration of said request at its February 2nd meeting, the Planning and Zoning Board recommends Council approval of same. ~r. Youngblood moved to sustain the Planning and Zoning Board's recom- mendation and direct the City Attorney. to prepare an Ordinance on same, the motion being seconded by Mrs. Mart~in and unanimously carried. 9.e. Council was informed tha%' at the.~.r regular meeting of January llth,~] they referred .to the Planning and Zoning Board a request for abandonment of that portion of Dixie Boulevard lying within the following described property - Lots 27 through 31, Block 1; Lots 6 through 27, Block 17; North half of Avent~e D and alleys in Del-Raton Park, as shown in Plat Book 14, Page 9 of the Public Records of Palm Beach County, and that following review of said matter, at its February 2nd meeting, · the Board unanimously recommends that Council grant said request subject to dedication by the owner of the West 76 feet of the property for future widening o-f Dixie Highway, and also subject to a replat of the property. Mr. Scheifley moved that part of Dixie Boulevard be ahsn~oned, as ~-'.:~ ..... ~.~ in re[~urn for the Dee~ to the West: 76 fee'~ of ~a~d pro~erty, . _. ~,~.(~}. anc~ una}~imou, sly carried. 9.f. The City Manager reported that Council at its January 25th meeting, referred to the Planning and Zoning Board a request from Hoyle Cadillac, Inc., for annexation, with C-2 zoning, of a tract of land described as Lots 21 through 26 inclusive, Block 1, and Lots 1 through 5 inclusive, 'and Lots 28 through 44 inclusive, Block 17, Del-Raton Park Subdivision, and for the abandonment of the remaining portion of Avenue C, which separates this property and Tract B of GM'S ACRES, which is within the City and also owned by Hoyle Cadillac. Following consideration of this matter at its February 2nd meeting, the Board unanimously recommends Council approval of said request sub- ject to the property owner deeding to the City the West 76 feet of the above-described property for the future widening of Dixie Highway and further subject to a replat of the land. Mrs. Martin moved that an ordinance be prepared in accordance with ti the Planning and Zoning Board's recommendation. The motion was seconded by Mr. Youngblood and unanimously carried. 10.a. i Regarding Resolution No. 7-71 that was passed earlier in the even- ing regarding resurfacing certain streets, Mr. Ernest Schier inquired about the build-up of paving around manholes, and said that at one time it was mentioned that collars could be purchased for same. City Manager Mariott reported that where resurfacing would result in quite a sunken spot where the manhole cover is located, the manhole would be raised to fit but where the difference is very slight, nothing would be done. 10.a.¥ Concerning a request for abandonment of a portion of S. E. 5th Street, which was referred to the Planning and Zoning Board for study and reco~.~mendation earlier in the meeting, Mr. j. Arnold Carter asked to be notified when said request would come before the Planning and Zoning Board. i0.c. The following "Bills for Approval" were unanimously approved for payment, on motion by Mr. Weekes and seconded by Mr. Scheifley. General Fund $146,404.31 Special Assesment Fund 200,000.00 Water Operating & Maintenance Fund 11,694.77 Utilities Tax Revenue Fund 30,440.00 Sewer Revenue Fund 10,613.50 Cigarette Tax Fund 20,047.72 Capital Improvements Construction Fund 160,896.42 X. Regarding a request that the or,hers of 250 ~. Ocean Boulevard be required to clean said property, the Mayor reported that the owners have agreed to clean said property and fill in the ditch; further, that the City Manager has instructed the Building Inspectors to watch this very closely and if that work is not done by the property owners, the City will do the job and bill the owners 'for same. The meeting adjourned at 8:45 P.M. HALLIE E. YATES Citv Clerk APPROVED MA ¥0 R 2--8-71 AGREEI¥'iENT ON A'I'OD~J2'ICATION OF CONTRACT AND LEASE WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, hereinafter called "City", and SOLWfHERN SANITATION SERVICE, INC., a Florida corporation, whose address is 201 N. Wo 12th Avenue, Pompano Beach, Florida, herein~mfter called "Company", have heretofore on April 13, 1970, entered into a Contract and Lease dealing with the disposal of garbage and trash of the City of Delray Beach, and WHEREAS, the Company desires changes in the Contract and Lease, which changes the City Council of Delray Beach deems to be in the best interests of the City of Delray Beach; ~VITNESSETH: That the parties hereto in consideratioh of the mutual covenants and agreements herein recited, by each to be performed, it is hereby agreed by and between the parties hereto as follows: MODIFICATION OF CONTRACT ENTERED INTO ON APRIL 13, 1970 1. Paragraph 1 is modified to read as follows: City will simultaneously with the execution of this modification of contract enter into a new lease on the following described property: Lots 20 thru 27 Block 3; Lots 14 thru 18 Block 8; Lots 9 thru 15 Block 9; that part of Meyers Street lying adjacent to Lots 9 thru 12 Block 9; that part of SW Fourteenth Street lying adjacent to Lots 13 thru 16 Block 9; and that part of Swinton Avenue lying adjacent to Lots 20 thru 27 Block 3; all being in subdivision of Wes~ E1 Be, Delray Beach, Florida, as recorded in Plat Book 15 Page 22, Public Records of Palm Beach County, Florida. 2. Paragraph 2 is modified to read as follows: The lease shall be for the duration of this modified contract at an annual rental fee as provided in the lease. 3. Paragraph 23 is modified to read as follows: it is recogniz ed by the parlies that substantial changes in the cost of labor, supplies, parts, repairs, utilities, and other costs of operating the transfer plant must be anticipated, but that the tinge and degree of such 28-B changes cannot be forecast ~vith any rel.iabilit~. It is therefore undersiocd and agreed that the stated base se~'vice fee payable to the Co~npany as hereinabove set forth in Paragraph 17, less disposal costs ($1.22 - $.25 = $.97), is subject to adjustment up,yard or down,yard on the option to renew based on changes inthe Cost of Living Index for the calendar year preceding such option renewal as published by the Bureau of Labor Statistics, United States Department of Labor. The adjustment in the service fee shall be the sa~ne as the change in said Cost of Living'Index last published and this change shall constitute the percentage of increase or decrease in the service fee. Such adjustment shall be made to the nearest one cent per cubic yard, and shall not include mills. 4. Paragraph 24 is modified to read as follows: This Contract shall terminate on October 31, 1972, unless the option to renew is exercised. 5. Paragraph 25 is modified to read as follows: The City shall have the right to extend this Contract for a period of One (1) year by giving notice to the Company prior to September 1, 1972. 8. Paragraph 28 is deleted from the Contract. ?. Paragraph 27 is deleted from the Contract. 8. Paragraph 28 is modified to read as follows: If not terminated sooner by failing to exercise the option as stated above or by mutual agreement, this Contract will terminate on October 1972. 9. Paragraph 29 is modified to read as follows: Company acknowledges that this contrac~ is for the benefit of City and that Conmpany may accept loads frown individuals-but not from other towns or cities or from contract haulers outside City, except for the City of Boca lqaton. 10. Contract is modified by addin~ the following Paragraph 29.1: (a) Con~panyis permitted to construct an additional compaction unit consistin~ of compactor, push pit, set of scales, 'ramps and beautification -2- 28-C on the lease premises. (b). Upon the completion and use of the additional compaction unit, the City of Boca t{a%on may be serviced on the leased pren~ises, providing that l~oca Raton's vehicles going to and returning' from the tra~ksfer .station will only be permi'tted on Old Dixie Highway subject to changes in Paragraph 29.2 11. Contract is n~odified by adding the fo~owing PaFagraph 29.2: Company recognizes tha~ the increased traffic from Old Dixie Highway entering the premises may be ~ reason for w~de~ng the entrance road and the crossing over the r~lroad tracks. Company acknowledges that such road widening will be at its expense and responsibility; and that the maintenance of the entrance road is its responsibility. An alternate route of ingress and egress mutually agreeable may be substituted. 12. In ~1 other respects, the i~tial c~ntrac~ is confirmed. IN WITNESS ~VHEREOF, the Company and the City have hereunto caused %o be affLxed the signatures and seals of their respective officers on %~s the 6~'~f& day of February, 1971. CITY OF DELRAY BEACH, (SEAL) a municipal corporation City Clerk // ' Mayor / t Witnesses as to City of Delray Beach: Approved as to form: City Attorney / SO~H~N SA~TATION (SEAL) / a Florida corporation Attest:.'""?/-'-_...- ,,/(~'7/..-U~,2~:'%~__.. y:.., ,, .-/.. ,...-:,- ....-. :. .... : .: / /,' ~ / ...... Witness'~ as to Southern Sa~tation Service, '~'j': ~" ~L..-.~ ...... ~-. ,4'7 (" .-' ,./" -3- 28-D STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared J. L. SAUNDERS and I-h%LLiE E. YATES of the City of Delray Beach, Florida, and acknowledged that they are the appropriate City officials qualified to execute the foregoing Contract and that they have executed said Contract for the purposes therein expressed. SWORN TO AND SUBSCRIBED before me this /~-Y~[ day of February, 1971. Notary Public, State of Florida at' Large ~y commission expires: ' ; ' "' ' ' STATE OF FLORIDA ) COUNTY OF BR0~ARD ) BEFORE ME, the undersigned authority, personally appeared H. WAYNE HUIZENGA and HAP~RIS W. HUDSON of Southern Sanitation Service, Inc., and acknowledged that they are the appropriate corporate officials qualified to execute the foregoing Contract and that they have executed said Contract for the purposes therein expressed. SWORN TO AND SUBSCRIBED before me this 10th day of February, 1971. Notary P~lic, State of Florida at Large BONDED T~OUGH -4- 28-E LEASE THIS LEASE entered into this '7~ day of February, 1971, in conformance with the Modification of Contract entered into this same date, between the CITY OF DELtIAY BEACH, a municipal corporation of Palm Beach County, Florida, hereinafter referred to as Lessor, and SOUTHERN SANITATION SERVICE, INC., a Florida corporation whose address is 201 N. W. 12th Avenue, Pompano B'each, Florida,' hereinafter ~alled Lessee, WITNESSETH: WHEREAS, Lessor has entered into a contract with Lessee for the disposal of the garbage and trash of the City of Delray Beach, Florida, and WHEREAS, the parties hereto entered into a Modification of Contract dated February ~/~' ~ , 1971, NOW, THEREFORE, the Lessor does by these presents lease and let unto the Lessee for the purposes of fulfilling its contract entered into this date with the parties, the following described property: Lois 20 thru 27, Block 3; Lois 14 thru 18, Block S, Lots 9 lhru 16, Block 9; that part of l~Ieyers Street lying adjacent to Lots 9 thru 12, Block 9; thai part of S~T Fourteenth Street lying adjacent to Lois 13 thru 16, Block 9; and thai part of Swinton Avenue lying adjacent to Lots 20 thru 27, Block 3; all being in subdivision of West E1 Be, Delray Beach, Florida, as recorded in Plat Book 15, page 22, Public Records of Palm Beach County, Florida. TO HAVE AND TO HOLD the property aforesaid for the period as established in the aforementioned contract, yielding and paying to Lessor a monthly rental equal to 7 1/2 per cent of the fees collected by Lessee for all dumping received from within the corporate limits of the City of Boca Raton, with Lessee guaranteeing that a minimum of $12,000.00 per year will be received by Lessor. The year wilt commence upon the first day in which Boca Raton delivers to Lessee. This Lease incorporates by reference the terms of the contract entered into between the parties on this date as to the duties and responsibil- ities of the Lessor and Lessee and shall not be assignable in any manner. The Lessor reserves the right to pass through the leased property in going to the Lessor's property which surrounds the lease property. 28-F Lessee shall have 30 days after the termination of th~s lease and contract in which to remove its equipn~ent. IN WITNESS WHEREOF, .Lessor and Lessee have caused these presents to be executed the day and year first above written. CITY OF DELRAY BEACH / //..-; Attest: ,/~/ ~ <t, By. '"" City Clerk /' / " Mayor ," i'1 / / / sOUTHERN SANITATION SERVICE, INC. ~,,,,, . !; , At~e~,: .;' ' . -7 K , .-;,.. .,Secretary ~/ STATE OF FLORIDA ). CO~Y OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to. take acknowledgments, personally appeared J. L. SAUNDERS and HAbLIE E. YATES well known to me to be the Mayor and City Clerk respectively of the CITY OF DELRAY BEACH named as Lessor in the foregoing lease, and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them. WITNESS my hand and official seal in the County and State last aforesaid this ~"~( day of February, 1971. ) , ? ' o Notary Public, State of Florida at L'arge L"'/ ..... i , ,". , ~' ; .'- My commission expires: .... - STATE OF FLORIDA ) COUNTY OF BR01.IARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, persona]]y appeared H. WAYNE HUIZE~GA and HARRIS W. HUDSON well knoWn to me to be the President and Secretary respectively of the corporation named as Lessee in the foregoing lease, and .that they severally acknowledged executing the same freely and voluntarily iunder authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 10th day of February, 197I. ~- Notary Public, State of Florida at Large t My commission exp$~,~ -2- 28-G RESOLUTION NO. 7-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELI{AY 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 certain City streets at an estimated negotiated price of $9,917.60; and WHEREAS, such contract is to be for the asphalt resurfacing of: STREET FROM TO N. W. 1st & 2nd N.W. 3rd Street N.W. 3rd Street Avenues (complete circle) N. W. 2nd Avenue N.W. 3rd Street N.W. 2nd Street N. E. 4th Street F.E.C.- R.R. N.E. 5th Avenue N. E. 4th Avenue N.E. 1st Street N.E. 2nd Street 'Parking Lot on N. E. 3rd Avenue Atlantic Avenue N.E. 1st Street TROPIC PALMS: Curlew Road Jaeger Drive Albatross Road Kingbird Circle Curlew Road Albatross Road Linnet Circle Curlew Road Albatross Road WHEREAS, 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 the aforesaid streets by Dixie Asphalt Company for the approximate s~m 'of $9,917.60. PASSED A_ND ADOPTED in regular session on this the 8th day of February, 1971. MAYOR ATTEST: City. Clerk