11-08-71 NOVEMBER 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. The Lord's Prayer was repeated in. unison.
2. The Pledge of Allegiance to the Flag of the United States of America
was given.
3. The minutes of the regular meeting of October 21, 1971, and the spe-
cial meeting of November 1, 1971, were unanimously approved on motion
by Mrs. Martin and seconded by Mr. Youngblood.
X. Mayor Saunders introduced Messrs. William B. Baner and Irwin W. Kresser,
Candidates for Council, for the coming election.
4. Mrs. Martin read the following letter dated October 27, 1971, that she
received from Senator Edward J. Gurney:
"Thank you for your recent letter again concerning the investi-
gation of the Vanguard Construction Company by the Senate's spe-
cial committee on aging.
I thought I would let you know that I have checked into the
matter and that the investigation is not yet completed. I will
be back in touch with .you when the investigation is completed.
With kindest regards,"
5. ~. William Schmalz, 200 Andrew, s Avenue, complained about the drainage
in his area and asked that something be done about the d. rainage problem
on the streets between Andrews Avanue and the Intracoas%al Waterway.
The City Manager reported ~hat he was informed late today by the Pub-
lic Works Department of the closing of the pipe leading from the Intra-
coastal Waterway that ordinarily drains the streets in ~his area in order
to keep the Intracoas%a! %.~ater from backing up into the street. It is
hoped that this action will keep the streets partially dry until more
permanent and effective action can be taken.
Mayor Saunders suggested that cost figures be obtained by ~he City
Engineer tc have %his drainage problem corrected. The' city Manager report-
ed %hat this is being done, but that he couldn't give an answer as to
the ~ount.
Mayor Saunders said that Council re~lizes a problera exists in this
area but the Southwest Drainage problem is Council's Number One priority.
~owever, since the South~f:ast Drainage Project is almost ready for bids,
he feels ~hat the A6~inis't:r~tion and Ci'ty Council should do some con-
struc%ive planning on h~ving the Andrews Avenue drainage problem co~-rect-
k{e-. Ernest Schier, 10i7 Bay Street, said that this {[r'ainage problem
has prevailed :luring t'~'~e last ~;'eek of October and the first week of
Noven~ber for the ii. asr few?ears, during the highest high tide cf the year.
5. Mrs. Clarence A. P/.u~a~ ]'~eferring to the condition of the Beach after
the fir:s't Nox'theaster, asked if it would be fes. sible to hire an engineer-
ing firm f~.iliar with the revet~ent or retaining wall '/:h<eories ho ma)~e
an en~}'ineering stu~y and ob~zain cost figures on having such a study
developed. [If this ,ccul~fn't be done, I~irs. Plume asked :i.f it wo~ld be
possible for a C:l.'hiz<~us Resea~t'ch Co:,:r~mittee to be established to do this
s't'u~ty ~nd obtain cost figures, possibly with local engineers vc!un'~zeerip, g
their hippie for Ifhe stucty.
The City Manager reported that tV~ere has k~een conversation between
the City of Delray Beach ~nJ. the County C~m~'aission to reassess the
situation in view of the defeat last Tuesday of the Referendum.
He said Beach Erosion is certainly a County-wide problem, with 62 per
cent of the shoreline in the County suffering from critical beach ero-
sion, and since the County Commission is interested, the City needs an
answer from them before determining what to do next.
Mr. Weekes reported that while attending the Florida Shore and
Beach Preservation Association meeting, he heard that it is almost im-
possible to do something of this nature at the local level without the
approval of the Corps of Engineers, who make their own study and recom-
mendations.
6.a. Mayor Saunders read the Primary Election Proclamation which elec-
tion is for the purpose of nominating four Council Member Candidates
for the next General Election, said Primary Election to be held on
Tuesday, November 23, 1971, between the hours of 7:00 A.M., and 7:00 P.M.,
the polling place to be located at the Community Center Building, 50
N. W. 1st Avenue, in the City of Detray Beach; further, that all qualifiea
electors of the City of Delray Beach shall be qualified to vote in such
election.
6.b. The City Manager reported that in compliance with Section 12-5 of
the City's Code of Ordinances, Council should determine the qualifica-
tions of the following candidates having filed for the public office on
the Council for two-year terms commencing on the first Monday in January,
19723 and prior to acceptance of the candidates' qualifications, Council
should solicit the advice of the City Attorney as to proper procedure
having been followed and qualifications submitted to the City Clerk at
ti~ne of filing for office:
FOR MAYOR: LeROY W. MERRITT
JAMES H. Sf5-tEIFLE¥
FOR COIFNCILMAN: WILLIAM B. BANER
IRWIN W. KRESSER
GRACE S. MARTIN
JAMES W. REICHERT
WILLIE SIMMONS
OZIE F. YOUNGBLOOD
Due to the candidates' qualifications meeting the approval of the
City Attorney, Mr. Weekes moved to accept said qualified candidates,
themotion being seconded by Mr. Youngblood and unanimously carried.
6.c. City Manager Mariott reported that in compliance with requirements
set forth in Chapter 12 of the City's Code of Ordinances, Council should
appoint a Clerk and Inspectors to preside over the Primary Election,
which will be held on Tuesday, November 23, 1971, and the General Elec-
tion, which will be held on Tuesday, December 7, 1971. He suggested 'that
of the possible appointees listed below, approval be given for the City
'Clerk to select a Clerk and Twelve Inspectors for said elections:
Vera Bone Lina Schroedel
Martha DeClercq Anne Rose Sloan
Sara DeNeen Nina Sprott
Helen Elliott Annette Tyson
Helen Flatland Mary B. Walker
Charlotte Kiel Elsie Wharton
Lyda Merrill Doroi-.hy Wi].liams
Katherine Rawls Bertha Worthing
Gladys Risker L.L. Youngb!ood
Uartha Rituerbuscn
Mr. Scheiftey moved 'that the appointment of a Clerk and Inspectors
be m~.de, as reco~.ended,~ the ~mou~on' - being, seconded by Mrs. Mar'bin and
unanimousiy carried.
-2- ].1-8-7].
17§
6.d. The request for annexation of the Marineway Corporation property
located at 777 Palm Trail was withdrawn from the Agenda, as requested
by the applicant through the City Manager.
6.e. Council was informed that the following bids were received for
selling the City two ~-ton pick-up trucks for use by the Water and
Sewer Department. The City Manager reported that the Budget provides
$4,000., for this purpose and he recommended that the low bid in the
amount of $4,698.84, submitted by Adams Chevrolet, be accepted, and that
$699 be transferred from the Water and Sewer Fund Contingency Account
to cover the difference between the $4,000., budgeted and the $4,698.84
low bid.
· - NET BID
BIDDER (Less Trade)..
Adams Chevrolet ~4,698.84
Coastal Truck & Equipment $4,800.00
Hauser Motor Company $4,961.40
Rich Motors, Inc. $5,080.42
Earl Wallace Ford $5,133.16
Acceptance of the low bid in the amount of $4,698.84 submitted by
Adams Chevrolet for two trucks and transfer of $699 from the Water
and Sewer Contingency Account, as recommended, were unanimously approved
on motion by Mr. Youngblood and seconded by Mr. Weekes.
6.f. City Manager Mariott reported that the following bids have been re-
ceived for installing a 16-inch water line on the East side of S. E. 6th
'Avenue, (South Federal Highway) between S. E. 6th and 8th Streets, and
that he and Russell & Axon recommend that the low bid in the amount of
$16,902.04, submitted by Big Four Construction Company, be accepted sub-
ject to qualifying documents being submitted to the satisfaction of the
City personnel.
BIDDER BASE BID
Big Four Construction Company ~16,902.04
Plantation Construction Company $17,892.00
onontario Construction Company $18,559.00
Belvedere Construct~_on Company $19,308.00
The low bid in the ~mount of $16,902.04, submitted by Big Four
.Construction Company, was unanimously awarded to that company subject
to receiving certa, in c!ocuments satisfactory to the City, on motion by
Mr. Scheifley and seconded by Mr. ¥oungblood.
6.go Council was informed that the Beautification Committ,~-~e recon~mends
that the electric wires along the street in front of the City .Uall be
placed underground, the .~stimated cost being $1,000 and that there is
a possibility that a portlLon of the money needed for this purpose will
be forthcom.~.ng from an organization or organizations.
It was sta'L:ed that this would take care of the wires in front of
the City I~al! Comple× rather than just in front of the City ~tatl,
said item was tabled until tt,.e next meeting with the understanding
in t~.e meantime the City Achninistration would deter~ine if some organiza-
tion would finance half of said cost.
-3- .l. 1-8-71
7.a. Council acknowledged receipt of the Beautification Committee meeting
Minutes dated October 13, 1971.
The City Manager reported that one item requesting Council Action'
regarding fencing of a junkyard, has been referred to the proper de-
partment.
7.b. Council was informed that a request has been received from Mr.
Richard J. Pfeiffer, 171 N. E. 2nd Avenue, for a gratis Occupational
License, for the purpose of operating, a studio and art gallery. The
City Manager reported that in view of Mr. Pfeiffer having furnished
satisfactory proof of his service-connected disability, it is recom-
mended that the request be granted.
Said request for a gratis license was unanimously approved, on
motion by Mr. Weekes and seconded by Mrs. Martin.
8.a. City Manager Mariott presented ORDINANCE NO. 40-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CURRENT ELEC-
TRICAL .ORDINANCES AS CONTAINED IN CHAPTER 13 OF
THE CODE OF ORDINANCES OF 'T}tE CITY OF D~LRAY BEACH
BY ADOPTING THE 1971 EDITION OF THE NATIONAL ELEC-
TRICAL CODE, CHANGES OF FEES, AMENDING DUTIES OF
ELECTRICAL EXAMINING BOARD, LICENSE REQUIREMENTS
AND TER~INATION FOR MASTER, JOURNEYMAN AND HELPERS,
CONTRACTOR INSURANCE REQUIREMENTS, CHANGING OF FEE
SCHEDULE TO OBTAIN PERMITS, ESTABLISHING SPECIAL
RULES AND REGULATIONS FOR SERVICES AND FEEDERS AND
REPEALING OUTDATED PROVISIONS.
Mr. Weekes said that in this Ordinance the insurance requirements
are for Public Liability Insurance with limits of $5,000 per person and
$10,000 an accident for bodily injury and $1,000 per accident for
property damage, and that he doesn't think a policy like that has been
sold in the State of Florida for probably ten years. He said that Palm
Beach County, and all other municipalities that he kn'ows any.thing about,
require limits of $50,000 and $100,000 bodily injury and $5,000
property damage.
The City Manager asked the City Attorney if that is the only ques-
tion raised, with respect to the Ordinance amendment, could the Ordinance
be placed on the first reading tonight with the question being checked
out with the proper parties prior to bringing it back to Council fo~-the
second reading, and the change be made at that time. The City Attorney
said that could be done.
Mr. Weekes asked the City Attorney if he knows whether or not the
provisions of this ordinance removes the requirement for a licensed bond
for electricians. He said the reason he is mentioning this item is that
to his knowledge the only trades required to furnish a licensed bond in
the City of Delray Beach are electricians and plumbers, and he doesn't
'think the City or anybody else gains anything by that requirement. Mr.
Weekes said he would like to see that requireme;-]t deleted concerning
electricians and plu~'.~bers.
The City Manager said that many times those two trades are singled
out because they are trades that can be very hazar~lous to the public,
and may be 'the reason that many Cities treat those two trades differently
than other con~ractors. He said he was not prepared to answer directly
the questions by Mr. Weekes, but thinks %hey should be checked out before
the Ordinance comes back for second reading°
Ordinance No. ~0-71%.~'as unani~nously placed on first rea~ing, subject
to the review by the Administration and the City Attorney satisfactorily
resolving the questions brought up by Mr. Weekes, on motion by Mr.
Scheifley and seconded by Mr. Youngblood.
-4- 11-8-71
8.b. The City Manager presented ORDINANCE NO. 41-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 25, SEC-
TION 25-1, CODE OF ORDINANCES OF THIS CITY PER-
TAINING TO TRAFFIC.
Ordinance No. 41-71 was unanimously placed on first reading, on
motion by Mr. Youngblood and seconded by Mr. Weekes.
8.c. The City Manager reported that not having adequate information to
prepare Resolution No. 37-71, sanctioning the policy being developed by
the County for acquisition and operation of water and sewer systems in
the unincorporated areas of the County, said Resolution will be placed
on the Agenda of the next Council meeting.
8.d. City Manager Mariott presented ORDINANCE NO. 38-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN
SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
WHICH LAND IS CONTIGUOUS TO EXISTING 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.
Ordinance No. 38-71 was unanimously placed on first reading, on
motion by Mrs. Martin and seconded by Mr. Scheifley.
8.e. The City Manager presented ORDINANCE NO. 37-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH, LOTS 21 thru 26 INCLU-
SIVE, BLOCK 1, AND LOTS 1 thru 5 INCLUSIVE,
AND LOTS 28 thru 44 INCLUSIVE, BLOCK 17,* DEL-
RATON PARK SUBDIVISION, WHICH LAND IS CONTIGU-
OUS TO EXISTING 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.
*ALSO THE NORTH-SOUTH ALLEYS IN THE NORTH HALF OF BLOCK 17,
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 concerning Ordinance No. 37-71 and there were no objec-
tions to said Ordinance.
Due to the Final Plat of Quality Acres, which is a Replat of the prop-
erty contained in this Ordinance, not being presented for consideration to-
' night, Mr. Scheifley move~ to table said Ordinance until the next meeting.
The motion was seconded by Mr. Youngblood and unanimously carried.
8.f. City Manager Mariott presented ORDINANCE NOD 39-71.
AN ORDINANCE OF ~I~E CITY CO[5%~CIL OF T~E CITY
OF DELRA'~ BEACH, FLORIDA, AN~]EXZNG TO THE
CI'I~Y C)F DELRAY BEACH, CERTAIN LA~_~DS IN SEC-
TION 13, TOr~¥NSHIP 46 SOUTH, RAg.rOE 42 EAST, AND
IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
ALSO A POSITION OF BARWICK ROAD, ~%[~![ICI-t LANDS ARE
CONTIGUO~3S TO EXiS'i'ING [qUNiCIP.~L LIMITS OF SA.ED
CITY; REDEFI~TING T[!k~ B~D~DA]~iES OF SAiD CiTY TO
INCLUDE SAID LANDS; PROVIDING FOR T~E RIGHTS AND
OBLIGATIONS OF SAID LANDS; AErO FOR THE ZONING
THEREOF.
-5.- !1-8-71
Ordinance No. 39-71 was unanimously placed on first reading, on
motion by Mr. Scheifley and seconded by Mr. Weekes.
8.g. The ~City Manager presented RESOLUTION NO. 35-71.
NOTICE OF REFERENDUM FRANCHISE ELECTION CON-
CERNING VALIDATION OF ORDINANCE NO..36-71.
(Copy of Resolution No. 35-71 is attached to the official copy
of these minutes.) See pages 180-A-B.
Resolution No. 35-71 was unanimously passed and adopted on first
and final reading on motion by Mr. Youngblood "and seconded by Mrs.
Martin.
8.h. City Manager Mariott presented RESOLUTION NO. 36-71.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LANDS LOCATED
WITHIN SAID CITY; SETTING OUT ACTUAL COSTS IN-
CURRED BY SAID CITY TO ACCOMPLISH SUCH ABATE-
MENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO
BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS
SHOWN BY REPORT OF THE CITY MANAGER OF THE CITY
OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 36-71 and attached assessment are attached
to the official copy of these minutes.) See pages 180-C-D.
Resolution No. 36-71 was unanimously passed and adopt-ed on first
and final reading, on motion by Mr. Scheifley and seconded by Mrs.
Mar t in.
10.a. Regarding a request for annexation of approximately 3.53 acres
lying in Sections 13 and 24-46--42 submitted by Nelson E. Coons which
item was tabled at the July 12, 1971 meeting, the City Manager reported
that he had received a letter dated November 4, 1971, requesting that
this application be withdrawn.
The City Manager said that due to a change of the development of
this property, a new application for annexation with RM-1A zoning clas-
sification, was submitted by WMW Development Company, Inc., with M. V.
Kelly, Authorized Agent, in behalf of Nelson E. Coons, Trustee. He
said %hat this property is located South of West Atlantic Avenue, East
of Military Trail and North of Sherwood Park Subdivision.
Attorney John Ross Ad-ams was present and explained the location
of this property and the proposed development.
City Manager Mariott reco~mended that this request for annexation
,be referred to the Planning and Zoning Board for study and recommendation~,
Said request for annexation was unanimously referred to the Planning
and Zoning Board for study and reco~enda~.~.~_on, on motion by ~r. Youngblood
and seconded by Mr. Weekes.
10.a. Council unanimously referred to the Planning and Zoning Board for
study and recormm, endation a request for vacation of the West extension
of Peach Street from N. W. 14th Avenue West to the right-of-way of ~-95,
which request was sit_ned by individuals w'ho stated that they have interest
in the adjoining properties, on motion by Mr. Scheifley and seconded by
Mrs. Martin.
10.a. Regarding the contract awarded to~£ntercounty Construction Company,
for construction of the Water Treatment Plant, the City Manager report-
e~ that Russell & A~.~on Consulting F_.n~ineers reco~'~]nen~ approval of Change
Order N~ber 2 which provides fo~ m~_scel~_aneous addictions and deletions
from the Contract, ~-ith the net chan~}'~'~ ba:ing an :[~.~.crease in the contract
179
figure in the amount of $1,291.93.
Change Order Number 2 to the Contract with Intercounty Construction
Company in the amount of $1,291.93 was unanimously approved, as recom-
mended, on motion by Mr. Youngblood and seconded by Mr. Weekes.
(Copy of Change Order No. 2 is attached to the official copy of these
minutes.) See pages 180-E-L,~
10.a. Mr. Earl Owen of Brockway, Owen & Anderson, representing VILLA-
DELRAY said that he was under the impression that Resolution No. 37-71,
sanctioning the policy being developed by Palm Beach County relative to
water and sewer systems, presented by the Assistant County Attorney
was generally acceptable.
The City Manager said that he and the City Attorney have a proposal
in mind that they would like to incorporate in the proposed Resolution,
and said resolution would be placed on the Agenda of the next Council
meeting.
10.b. The following Bills for Approval were unanimously approved, with
the exception of Mrs. Martin's objection to the payment of Invoice No.
10545 in the amount of $1,065.00, to Benson Superior Building Maintenance
on motion by Mr. Weekes and seconded by Mr. Youngblood.
General Fund $239,804.12
Water Revenue Fund $ 781.63
Water Operating & Maintenance Fund $ 18,686.10
Improvement Fund $150,000.00
Utilities Tax Revenue Fund $ 5,440.00
Cigarette Tax Fund $ 10,047.72
Capital Improvements Construction Trust Fund $121,236.92
The meeting adjourned 8:35 P.M.
Hallie E. Yates
City Clerk'
APPROVED:
MAYOR
-7.- 11-8-7].
180-A
RESOLUTION NO. 35-71.
NOTICE OF REFERENDUM FRANCHISE ELECTION
CONCERNING VALIDATION OF ORDINANCE NO. 36-71.
SECTION I. NOTICE is hereby given that a referendum franchise e-
lection will be held on December 7, 1971 in the City of Delray Beach,
Palm Beach County, Florida, for the purpose of determining whether or
not proposed Ordinance No. 36-71, which is a cable TV thirty (30) year
franchise Ordinance which, after having been advertised for bids, was
awarded by the City Council of the City of Delray Beach, Florida, to
TelePrompTer Florida CATV Corporation. The purposes and substantial
details of said proposed Ordinance No. 36-71 are being published be-
low as a part of this notice.
SECTION II. A poll will be open at the voting place for said
franchise election at 7:00 O'clock A.M. until 7:00 O'clock P.M. on the
same day. All qualified electors of the City of Delray Beach, Florida,
shall be entitled to vote.
SECTION III. That the place of voting on said Franchise Election
and the inspectors and clerk for the polling place for said Franchise
Election are as follows:
PLACE INSPECTORS CLERK
Community Center Sara DeNeen Annette Tyson Helen Elliott
50 N.W. 1st Avenue, Helen Flatland Mary B. Walker
Delray Beach, Florida ~yda Merrill Elsie Wharton
Gladys Risker Dorothy Williams '
Lina Schroedel Bertha Worthing
Anne Rose Sloan L.L. Youngblood
SECTION IV. Voting machines shall be used at said Franchise Election
and the form of ballot to be used in said Franchise election shall be in
substantially the following form:
BALLOT
City of Delray Beach in the County of Palm Beach,Florida, Franchise
Election - December 7, 1971
SHALL THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PASS ORDI-
NANCE NO.36-71 GRANTING A FRANCHISE TO TELEPROMPTER FLORIDA CATV CORPO-
RATION, ITS SUCCESSORS A~ ASSIGNS, TO OPERATE AND MAINTAIN A COMMUNITY
ANTENNA TELEVISION SYSTEM IN THE CI%~: SETTING FORTH CONDITIONS ACCOM-
PANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND USE
OF THE COMM~3NITY TELEVISION SYSTEM; AND PRESCRIBING PENALTIES FOR VIO-
LATION OF ~HE FRANCHISE PROVISIONS; REP~LING ALL CRDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND
.FOR OTHER PURPOSES. SUCH FRANCHISE IS AT NO COST TO CITY. SHALL BE
PAID FOR SOLELY BY VOLUNTARY SUBSCRIBERS FOR THE SERVICE AND SHALL PRO-
VIDE ADDITIONAL REVENUE ~O THE CITY.
INSTRUCTIONS TO VOTERS: Indicate by pulling down ].ever over "FOR
APPROVAL OF FRANCHISE" i~ you favor t]~e
issuance of said Franchise.
Indicate by pulling down lever over
"AGAINST APPROVAL OF F~ANCHISE" if you
do not favor the issuance of said Fran-
chise.
180-B '
Page 2. RESOLUTION NO. 35-71
SECTION V. Paper ballots shall be used at said election for absen-
tee voting. The form of ballot to be used in said election for absentee
voters shall be substantially in the form provided in Section IV above
except that instructions 'to voters shall be as follows:
INSTRUCTIONS TO VOTERS: If you are in favor of issuance of said Fran-
chise place an "X" in the space to the left of the words FOR APPROVAL
OF FRANCHISE.
If you are not in favor of the issuance of said Franchise place an "X"
in the space to the left of the words VOTE AGAINST APPROVAL OF FRANCHISE.
SECTION VI. The City Clerk is hereby authorized and directed to'
have printed on plain white paper a sufficient number of the aforesaid
ballots and to deliver them to the appropriate offidials for absentee
voters and shall also have printed sample ballots and shall deliver them
to the inspectors and clerk on or before the day and time for the open-
ing of the polls for said Franchise Election for said voting place of
which voting machines are to be used, and it is further authorized and
directed to :make appropriate arrangements with the proper officials of
Palm Beach County, Florida, for the use of such voting machines at the
polling place specified in Section III hereof and to have printed on
plain ~ite paper and delivered in accordance with Law the official bal-
lots for use in such voting machines.
SECTION VII. That this Resolution shall be published in full as
part of the notice of said Referendum Franchise Election, together with
an appropriate caption in which form as the City Clerk may determine, in
the Delray Beach News Journal, a newspaper published and o'f general cir-
culation in the City of Delray Beach, Florida, once each week for four
consecutive weeks, the first publication to be not less than thirty (30)
days prior to the date of said Franchise Election.
PASSED AND ADOPTED in regular session on this first and final read-
ing, on this 8th day of November, 1971.
ATTEST:
City ~erk
RESOLUTION NO. 36-71 ..... 180-C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
9~0 BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, Ak:D DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY iN AN AMOUNT AS SHO~N BY RE-
PORT OF THE CITY MAlqAGER OF DELRAY BEACH, FLORIDA.
WHEREAS the City Council of the City of Delray Beach, did, in '
~ ~///5~//_~~/session held on the 24th day Of May,
_!971 declare the existence of a nui-'
sance upon certain-lots or parcels of land, described in a list sub-
mitred to them, for violation of the provisions of Ordinance G-147;
WHEREAS, pursuant to such declaration, the City Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice describing the nature of the nuisance and
that they must abate said nuisance within thirty (30) days, failing
in which the City Council would have it done, and the cost thereof
would be levied as an assessment against said property; and
WHEREAS, the owners hereinafter named did fail and neglect to
abate the nuisance existing upon their respective lands within the
time prescribed in said notice and Ordinance G-147, and the City of
Delray Beach was required to and did enter upon the following lands
and incur costs in abating the nuisance existing thereon as described
in the aforesaid list; and
~qLEREAS the City Manager of the City of Delray Beach has pur-
suant to said Ordinance G-lZ..7 and the City Charter submitted to the
City Council a report of the costs incurred in abating the nuisance
as aforesaid, said report indicating the costs per parcel of land
involved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach., involving the
City's cost of abating the aforesaid nuisances upon the lots or par-
cels of land described in said report, a copy of which is attached
hereto and made a part hereof, are levied against the parcels of land
described on said report and in the amounts indicated thereon. Said
assessments so levied shall be a lien upon the respective lots and
parcels of land described in said report, of the s~me nature and to
the same extent as the lien for general city taxes and shall be col-
!ectible in the same manner and with the same penalties and under the
same provisions as to sale and foreclosure as city taxes are collect-
ible.
2 That the City Clerk of said City shall, as soon as possible
after the effective date, record a certified copy of this resolution
in the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, and shall furnish to each of the owners named in and
upon said report a notice that the City Council of the City of Delray
Beach, did, on the 24th day of May, 1971
order the abatement of a certain nuisance existing on their described
property and property owner having failed to abate such nuisance,
within the 30 day period, whereupon it was abated by the City at costs
shown~ in. said' report and such assessments shall be legal, valid and
bi~n_~ing obligati'ons upon the property against which said assessments
3are le~ed. This'resolution shall become effective. 30 days from the
d~i~e~o.~:.":a'doption, and the assessments contained herein shall become
-_'due";ahd'~p~ab!e thirty days after the mailing date of the notice of
"?~-A~-:sa'i'~/'~S'ses"Sment, after which interest shall accrue at the rate of 6%
-,<.,~p,~,~a~nnu.~~ ~ ,. . , ,. 'Qn..,. . any unpaid portion thereof.
..... '.. ASSmD. AND ADOPTED ~n r_~ular session on .the 8th day of
.,, . . ,.,. · I /,
ATTEST: ~' ~"~ "' -' ~ ,.' ,, --~ .,~ r' -. ~'.
~, ' .. / ' ,% '-
. --, ....... · ................ .. ....., .&
180-D
COST OF ABATING N~JISANCES UNDER ORDINANCE NO. G-147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
MAY 24, 1971 list.
A tr. of land in Section 28-46-43,
Desc. as fol: Comm at intersec of
E'ly R/W li of U.S.%i (State Rd.%5)
as shown on SRD R/W map, Rd P1.Bk.
~2-73 with N li of Tr.%3, Revised
Plat Portions of Sec. 28 & 29-46-
43, Pl. Bk. 18-53; th on an assum-
ed bearing of due E alg sd N li of
Tr.%3 a dist of 1146.30'to P.O.B.
th cont due E alg aforesd N li of
Tr.%3, a dist of 230.22'; th N 0°
34'33" E a dist 140.01' a!g S'ly
ext of W li of Lots 31 & 32, Blk.
2, Model Land Company' s S/D of W%
of Se~. 21-46-43, Pl. Bk. 1-128;
th due W a dist 231.63' 'th due S
a dist 140.00' to the P.O.B. Above
lands cont 0.74 acres m/1 & subj.
to rd wy ease alg S 25.00'
ALSO
A tr. of ld in Section 28-46-43,
Desc. as: Comm at intersec of E'ly
R/W li of U.S.%l, (.State Rd. %5),
Rd Pl. Bk. 2-73 with N li of Tr.%3,
Revised Plat Portions of Sec. 28 &
29-46-43, Pl. Bk. 18-53; th on an
assumed bearing of due E alg sd N
li of Tr.%3, a dist 909.30' to P.
O.B. th cont due E alg aforesd N
li of Tr.%3 a dist 237.00'; th due
N a dist of 140.00'; th due W a
dist of 237.00'; th due S a dist C. Richard Heileman Estate $475.0~
of 140.00' to the P.O.B. above ld
cont 0 76 acres m/1 & being subj
to a rd wy ease alg S 25.00'.
180-E
This agreement entered into this 27th day o~ Sentember__, 1971,
by and be~wee ~ t.~e City of Delray Beach, Pa]m Boacb County, Florida, as
party of the FIRST part, and intercounty Construction Corporation, as party
of the SJ-]GON]D part, as being a supp].ement to a certain Contract by and be-
tween the parties aforesaid, dated the ._}_0__t:!_~__ day of March ~_, ].971, for
the construction of YVater Works Improvements, Section I - Water Treatment
Plant in the City of Delray Beach, Palm Beach County, Florida.
klRo~ r}art to c ,
I. %SrHEREAS the party of the "- ~,., . desires make attain changes
subsitutions, deletions or additions to the Contract, outlined as follows:
Po..170 P.V G. Pipe, as approved by the
A. Schedule 40, Type o~ .
Delray Beach Building~n.~ea~'h¥'~n~_~ _~. ......, was substituted for roof drains, floor
drains, sanitar~ drains and sanita~ vent piping.
B. Certain changes were made in the design of footers, walls and
beams Jn the control house, to provide additional canying capacity for super-
imposed floor loads in the chlorine storage area.
C. The transformer vault was enlarged from 9' x 21' - 4" to
14' x 26' inside dimensions, to conform to requirements of Florida Power &
Light Company.
D. The two steelc~n~e. .... columns_ at the settling basin were
eliminated to conform to the Details of the Eimco Reactor Equipment because
of a possible conflict with the drive mechanisms.
-1-
180-F
II. VffHEIIEAS the par~? of the SEC;OI~D par~ has e:~greed to furnish all of
the additional items of v~ork and mo. kc the subs'~itutions and deletions as
fo!!ov~s:
A. Change piping of roof drains, floor drains, sanitary drains and
sanitary vent piping, from cast iron to P.V.G. - See Attachment No. 1'. (Credit'
to Contract - $800.00)
B. Change Jn footings, wall and beams in control building - See
Attachment No. 2. (A~dition to Contract- $2,035..93)
O. Enlargement of transformer vault - See Attachment No. 3.
(Addition to Contract -- $896.00)
Eliminate two steel columns in settling basin - See Attach-
ment No. 4. (Credit to Contract- $840.00)
IfI. THEREFORE, it is further agreed and understood by both parties here-
to that the Gontract shall be amended as £ollows:
Original Contract Amoun-~ $1,825,000.00
Previous Deduction (Ghange Order
No. t dated June 14, 1971) - 8,000.00
Addition This Change Order No. 2 + 1,2.9]..93
Adjusted Contract Amount $1,818,291.93
180-G
IV. It is further agreed and understood by both parties hereto that the
Gontract 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 original Con-
tract dated the 30th day of March _, 1971, and the same shall, stand in
full force and effect in a~ll respects, except as amended by this agreement.
ATTEST:
~ ,~/..~,_ ~ . ,.) . INTERGOUNTY CONSTRUCTION
/~SS. 37'. U F'"J 'J, ~ ~3 ~,
Approved as to Correctness Authorized
and Form AGGEPTED by
,~ ~ ~L~, GITY OF D. ELRAY BEACH
Oity Attorney ,,y .- /, .., ,':-'--.,:, ....
RUSSEI..L & AXON / '~ , / ', '
CONSULTING ENG!N~E_,o INC. B55 ~U.-;O~~.j
Glerk
-'3--
July 28, 1971
Russell & Axon
· ~ ATTACHMENT NO. 4
P.O. Box 1!~31
Daytona Beach, Floridd 32015
Attent ;on: Mr. Walter
Re: %later %lorks improvement
Delray Beach, Florida
Eimco Reactor Clarifier Unit
Gent l amen:
This letter is being written as a follow up to the Eimco approval
drawings returned by you mm'ked "~ot Approved". There were two points
raised in questioning thes~ approval drawings which we would like to discuss
with you further ~t this time. The first relates to the steel pipa construction
for the jnlet line to the treatn~ent unit, and the second relates to the center
We propose to furnish steel pip~ inside tho tank with a cast iron
to steel pipe adaptor flexible coupling 12" inside tank wall.
With cespect to the center ~olumn, Eimco had omJtted this center coiu~n
since they felt it would be quite difficult to predict exactly what a drive hcad
might look like at such time as it was decided to finish equipping these basins.
They felt ;t would b~ much more prsctica~ Jf this center column were furnJshed
~t this later d~te. Therefore, since the center column was shown on the dr~wJngs
en allcwsnce for its elimination would have to be made. We wou~d lJke to make
a deductive allowance to you of $8L~0.00 for elimination of the two center column~.
Resubmittal of dr~aJngs is being made show~ng the steel pipe and omission
of center column, and we trust this will be satisfactory.
May we have your approval of this proposal at your earliest conven-
IHTERCCgNTY CgNSTRU CT I ~.~k,COR PORAT Ig;~ ~.]
: ' .'-- ' .'- ' "-,-
Russell & ~on"" -'~ '" :.::' -.~'";~".:':' . '- "-. "' · -
; A~tention: Mr. J. H. K]i .....
~,?e are encloslrt3 a ccm2lcte record of cost which was incurred , ,
' through the necessitv 0'7 'providing a beat'ing wall in the control building.
lhe lump sum of this work ls ~2~O35.93.
· We trust this is acceatable to you and will be incorporated in
the next change order.
· . Very truly yours,
- - '.' -: ..... -. -' " -:- ' ; INTERCOTNTY C051STRUCTIOR CORPORATIC¢I
. .- . -..':',:-'i'..-. "'..
. .. ,, . -. . · - .- .:~: ~ .. ._ ...- . ~ '
CttH :ink "
Enclosures sheets 1 thru
-y.. .... i "
August 12, 1971
ATTACHIvIENT NO. 3
Russel 1 & ~.xon
P.O. Box 1837
Delray Beach, Florida
Attention: Mr. J. H. Klink
· Re: Water %;orks Improvement
City of Delray Beach, Florida
Gent I emen:
We have evaluated the difference in cost of the new transformer
enclosure with ~h~ one originally proposed. The total extra cost for the
change is $896.00.
We trust this is acceptable to you and will include this in the
next Change Order.
Very truly yours,
INTERCOUNTY CONSTRUCTION CORPORATION
CARL H. HUNSICKER, Project Engineer
180-K
P.O. ~c,x i509
..... .......... ' (-.'--;-u'¢ c ...... wi/1 ~.o~ issued to covor ti:Is
Vo~] ~.~ly yours,
June 11, 1971
" ATTAGHMEI'~T BrO. 1
Russel I & Axon
P.O. Box 1837
Delray Beach, Florida
Attention: Mr. John Klink
Re: %,'ater Works Improvem¢:nt
Del ray
Beach, Florida
Gent I omen:
We request your cons|deration and approval of the following sub-
stltutTo%s:
1. On Sheet H/ll the "finish water" piping from the 4"
water meter to th~ plumbing fixture, engine cool in9
system, air compressor after cooler ~nd hese bib is
scheduled fo~tm'"e~ ~ tyD~s of pipe. materi~s i.e. cast
iron marked Q, copper marked E and ga)vanized steel
marked D. ¥!e propose to make all finish water 3" and
smaller galvanized steel schedule l.~0. with galvsnized
real iron fitt inss.
2. %;e propose to run all sanitary drain and vent lines and
roof and floor drain ]in~s with schedule ~0 P.V.C. and
for this substitution wa will credit the owner $890.00.
We will ~ppreciate your earliest convenient reply to this
request.
Very truly yours,
I~ERCOUNTY CO~]STRUCTION CORPOP~TION
CARL H. HU~'IStCKER, Project EngTnaer
CHH:ink "
OFFI¢£ Al'i": YArD pHCNE~;: P.O. BOX 1500
~JlO0 N. DIXIe: HI~:4'~'A¥ F~F. 1AUIDEP~DALE ~;63-4291 FORT L~uDEnDA'_E