11-22-71 181
NOVEMBER 22, 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 Vice-Mayor Grace S.
Martin in the Chair, City Manager J. Eldon Mariott, City Attorney G.
Robert Fellows and Council Members James H. Scheifley, Leon M. Weekes,
and O. F. Youngblood being present, with Mayor J. L. Saunders being
absent.
1. The Opening Prayer was delivered by Rev. Robert Klemm.
2. The Pledge of Allegiance to the Flag of the United States of America
was given.
3. The minutes of the regular meeting of November 8, 1971, were unani-
mously approved on motion by Mr. Weekes and seconded by Mr. Youngblood.
X. Vice-Mayor Martin introduced Messrs. William B. Baner and Irwin W.
Kresser, Candidates for Council, in the coming Election.
6.a. Vice-Mayor Martin read the General Election Proclamation which elec-
tion is for the purpose of electing a Mayor, two City Councilmen, and
providing for conducting a Franchise Election concerning a Community An-
tenna Television System. The General Election will be held on Tuesday,
December 7, 1971, between 7:00 A.M., and 7:00 P.M., the polling place to
be the Community Center building, 50 N. W. 1st Avenue, Delray Beach. All
qualified electors of the City of Delray Beach shall be qualified to vote
in this election.
6.b. Council unanimously agreed to schedule special Council meetings to
be held on Wednesday, November 24th, at 12:15 P.M., and on Wednesday,
December 8th, at 12:15 P.M., for the purpose of canvassing the returns
of the November 23rd Primary Election and December 7th General Election,
and any other business, on motion by Mr. Scheifley and seconded by Mr.
· ;e~kes.
6.c. City Manager Mariott reported that the following bids were received
for selling the City a road grader, the bids being less the value of a
trade-in of a City-owned front end loader formerly used at the Sanitary
Landfill site. He said the Budget provides $11,000 for purchase of the
road grader and he recommends that authorization be given to purchase it
from the low bidder, H. F. Mason Equipment Corporation in the amount of
$9,345.00.
BIDDER NET BID
H. F. Mason Equipment Corporation $9,345.00
Hialeah, Florida
Pilot Equipment Company '$9,890.00
Jacksonville, Florida
Acceptance of the low bid in the amount of $9,345.00, submitted by
H. F. Mason Equipment Corporation for the purchase of the road grader,
was unanimously approved, as recommended, on motion by Mr. Youngblood and
seconded by Mr. Weekes.
6.d. The City Manager recommended that Council approve the execution of
an agreement between the City of Delray Beach and the Florida Palm Aire
Corporation for extension of sanitary sewer service to serve the planned
Florida Palm Aire Development, bound on the North by Lowson Boulevard,
on the East by the Lake Worth Drainage District E-4 Canal, on the South
by S. W. 12th Street and on the West by Homewood Boulevard, if extended.
Further, the sewage facilities to be constructed under this agreement are
-1- 11-22-71
182
to be paid for by the Florida Palm Aire Corporation and others, with no
reimbursement for cost of same to be made by the City except that the City
would be responsible for paying the cost of oversizing a line or lines
above the size required to serve said Development and the adjacent area
covered by the proposed agreement.
Execution of this agreement was unanimously approved, as recommended,
on motion by Mr. Scheifley and seconded by Mr. Weekes.
(Copy of said Agreement is attached to the official copy of these
minutes. )
6.e. Council was informed that information has been received that the
Seaboard Coast Line's daily Florida Special is scheduled, during the com-
ing season, to stop at Deerfield Beach and at a location at a considerable
distance North of Delray Beach but not at Delray Beach. The City Manager
said that consideration should be given by passing a motion urging the
Seaboard coast Line Railroad to reconsider its contemplated schedule and
to provide for the Florida Special to stop in Delray Beach.
During discussion, Mr. Scheifley suggested that a Resolution be
prepared by the City Attorney urging the Seaboard Coast Line-Railroad
to reconsider Delray Beach as a regularly scheduled stop for the Florida
Special and have copies of the Resolution mailed to the appropriate
authorities, for instance to Congressman Rogers, Senators Gurney and
Chiles and possibly our State Delegation, and anyone else who might be
appropr i ate.
Mr. Ernest Schier, 1017 Bay Street, suggested that the City ask for
a Flag Stop, which allows the pick up and/or discharge of revenue pas-
sengers, if the City is unable to obtain the regular scheduled stop.
Mr. Scheifley moved that the City Attorney prepare a Resolution pro-
testing the discontinuance of Delray Beach as a regular stop for the
Seaboard Coast Line Railroad Florida Special. This Resolution should be
prepared so that it can be sent to all appropriate authorities and be
presented to Council for approval at the special meeting to be held at
12:15 P.M., Wednesday, November 24th. The motion was seconded by Mr.
Youngblood and unanimously carried.
6.f. Regarding the contract awarded to Intercounty Construction Company.
on March 30, 1971 for construction of the Water Treatment Plant, City
Manager Mariott reported that Russell & Axon Consulting Engineers, in a
letter dated November 10, 1971, recommend approval of Change Order Num-
ber 3, which provides for the addition of $1,776.18 to the contract
amount of $1,825,000.
Change Order Number 3 to the Contract with Intercounty Construction
Company in the amount of $1,776.18 was unanimously approved, as recom-
mended, on motion by Mr. Youngblood and seconded by Mr. Weekes.
(Copy of Change Order Number 3 is attached to the official copy of these
minutes. ) _
6.g. Council was informed that an estimated cost to construct public
restroom facilities in Knowles Park, as discussed at the last workshop
meeting, would be $8,000. The estimate is predicated on building the
following facilities:
Women's Facilities Men's Facilities
2 - Toilets 1 - Toilet
1 - Lavatory 2 - Wall-hung Urinals
Closet for storage of supplies 1 - Lavatory
The City Manager reported that if Council wishes to have this facil-
ity constructed, authorization should be given with the funds to defray the
cost to be taken from the General Fund Contingency Account.
After commenting on the need for public restroom facilities in Knowles
Park and other City parks, Mr. Weekes moved that the construction of public
-2- 11-22-71
183
restroom facilities in Know].es Park be approved, with the funds covering
the cost of same being taken from the General Fund Cont].ngen.y Account.
The motion was seconded by Mr. Youngblood and unanimously carried.
X. Following a question by Mr. Scheifley regarding the status of the
General Fund Contingency Account, the City Manager reported that as of
now, the Account contains approx]m~'~ely $60,000 of unco~nitted funds.
If the $8,000 for the construction of the public restroom facilities in
Knowles Park is deducted, there would be approximately $52,000 of uncom-
mitted funds in the Genera]_ Fund Contingency Account.
6.h. Council unanimously authorized the advertisement for sale of sur-
plus City merchandise described in a November 8, 1971 Memorandum from
· h_e City Manager to the Department Heads, on motion by ~ Scheifley and
seconded by Mr. Youngblood.
8.a. City Manager Mariot% presented R~SOLUTION NO. 37-71
A RESOLUTION OF %~tE CITY COUNCIL OF THE
CITY OF DEL~Y BEACH, FLORIDA, APPROVING
THE CO~TY'S PROPOSED METHOD OF PRg'¥IDING
WATER AND S~[ER SERVICE TO SERVE AREAS
LYING WEST OF THE itE~ERVi:~ AR_,A OF THE
CITY OF DEL~%,Y BEACH.
During discussion it was pointed out that the City of Delray Beach
does not have jurisdiction in the area that the Resolution is describ-
ing.
After discussion, Mr. Weekes moved that the City of Delray Beach
is unwilling and unable at this time ~o furnish water and sewer service
~9 projects known as Villadelray and Oriole located West of the present
City limits and mostly West of the City's present reserve area. The
motion was seconded by Mr. Scheifley and unanimously carried.
8.b. The City Manager presented ORDINANCE NO. 38-71.
AN ORD'[N~MCE OF ~{E CITY COI~C'[L OF THE CI~_ OF
Bz~:,C.~.~, ~LORtDA, ANNEXING TO THE CITY OF
DEL~Y a~w;, CERTAIN LA~gD LOCATED IN SECTION 21,
TO~iSHIP 46 SOUWH, RANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CI_.Y; REDEFINING TIIE BOUNDARIES OF SAID CiTY TO
INC.L~D~ SAID LAND; PROVIDING FOR ~r,~ RIGHTS AND
OBLIGATIONS OF SAiD L[AND; AND PROVIDING FOR THE
ZONING THEREOF.
(Copy of Ordinance No. 38-71 is attached to the official copy of
these minutes.) See page 188-C-D.
A Public Hearing 'having been legally adver'~ised in complinnce with
the laws of the State of Florida and the Charter of the
ul~y of Delray
Beach was held and tLere being no cbjections %o Ordinnnce No. 3~--71,
said Ordinance was unanimc, usl'v. ~ ~:~.~o~_.,~ and a. dopqed, on this second and
f~nal reading, on mo'Lio~:~ by Mr. Youngblood and seconded by Mr., ~7eekes..
S c. City ~4a. nag,~r b'[o. riott p~.eo~. ~h~.J OREkNAr.,c.~ ]~0. 39.171
AN ORDINANCE OF TNb] '~' m, ~-
~ I:.~ Z COU}TCiL~7;z THE CI.,.~ OP
......... ,-.:.:.~ ~:~Lz~CH,~.,~' ,... ~ .~',,,_. ]',ANDS .... IN SECT!nN_ .....
TO~',q'?SN'TP .... 4G S )UZH, RANGE 43 ,..oFae'"~, ALSO A PORTION
OF L~-dd.,~ICK ROAD, WHICH LANDS ~ lks COz~LIe,~uUo 'fO
E.}[ISTING ~NICi. PAL 'r,I~.II'T'S OF SAi(D CITY;
TIlE 80ONDARiES OF .... c~N~D- C_.'~".L ~ !~O~ INCLTJ'D~[ SAID I,~'DS;
o~ ....,-~ ..... z~:~:, .x~_~.,.~,:, AhD OSZ, I~,A ..... ~" [)[, SAID
(Copy of Ordinance No. 39-71 is attached to the official copy of
these minutes.) See pages 188-E-F.
A Public ttearing, having been legally advertised in compliance with
the laws of the State of Florida and %he Charter of the City of Delray
Beach was held, and there being no objections to Ordinance No. 39-71,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Scheiftey and seconded by Mr. Youngblood.
8.d. The City Manager .presented ORDINANCE NO. 40-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE CURRENT ELECTRICAL ORDI-
NANCES AS CONTAINED IN C}~APTER 13 OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH BY ADOPTING THE 1971
EDITION OF THE NATIONAL ELECTRICAL CODE, CHANGES OF FEES,
AMENDING DUTIES OF ELECTRICAL EXAMINING BOARD, LICENSE
REQUIREMENTS AND TERMINATION FOR MASTER, JOURNEYPSAN AND
HELPERS, CONT?CACTOR INSURANCE REQUIREMENTS, CHANGING OF
FEE SCHEDULE TO OBTAIN PERi, ITS, ESTABLISHING SPECIAL
RULES AND REGULATIONS FOR SERVICES AND FEEDERS AND RE--
PEALING OUTDATED PROVISIONS.
(Copy of Ordinance No. 40-71 is attached to the official copy of
these minutes.) See pages 188-G-N.
Mr. Weekes said the amended portion of Section 13-2 (1), "Insurance
Requirements" should read as follows:
"...maintain at all times in a casua].ty insurance company au-
thorized to do business in the State of Florida, employers'
liability and workmen's compensation insurance, as required
by Florida Statutes, and..."
~ ,
A Public Hearing, 'having been legally advertised in compliance with~
the laws of 'the State of Florida and the Charter of the City of Delray
Beach was held, and there being no objection to Ordinance No. 40-71,
said Ordinance was unanimously passed and adopted., as amended, on this
second and ff. nal reading, on motion by Mr. Scheifley and seconded by Mr.
Youngbloo d.
8.e. city Manager Mariott presented ORDINANCE NO. 41-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, A~iSNDING CHAPTER 25, SECTION 25-1, CODE
OF ORDINANCES OF THIS CITY PERTAINI~TG TO TFCAFFIC.
(Copy of Ordinance No. 41-71 is attached to 'the official copy of
these minutes.) See page 188-0.
A Public Hearing, having been legal!y advertised in compliance with
the laws of the State of Florida and the Charter of the City of Delray
.Beach was held, and there being no objections to Ordinance No. 41-71,
said Ordinance was unanimously p~ssed end adopted on this second and
final reading, on motion by Mr. Youngbloof~ anal seconded by Mr. Weekes.
8.f~ The City Manager presented ORDINANCE NO. 3'7-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF DELP~Y
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH,
LOTS 21 Uhru 2~5 INCLUSIVE, BLOCK 1~ A~D LOTS 1 thru 5
INCLUSIVE, 2-k~D LOTS 28 thru 44 iNCL'.IIS'~VE, BLOCK 17, AL--
SO TI~E NOR~.ifH-SOUT.~[ ALLEYS IN TiTE NORTH I-!ALF OF BLOCM 17~
DEL-i~A?ON [~ARK SU~3DiViSION, WHICH I,AND IS CONTIGUOUS TO
1,3.~II.Po OF SAID CITY; REDEFINING 'i~HE
EXISTING ~'UgNICI[~AL ....... _ .
BO[~{DARIES OF SAID CITY TO IN'CI,UDE SAID LAND; PROVIDING
FOR T[IE RIGI~iTS AND O[~LIGATIONS OF SAiD LA~{.~ll; AND PROVID-
iNG FOR TEE ZO%.[!NG Ti~!EREOP.
11-22-71.
185
(Copy of Ordinance No. 37-71 is attached to the official copy of
these minutes.) See pages 188-A-B.
The City Manager reported that a public hearing had been held on
this Ordinance at the November 8th Council meeting, with passage of the
Ordinance being deferred until receipt of a Final Plat of Quality Acres
which is a replat of the property contained in this ordinance; further,
the Final Plat having been received and scheduled for consideration to-
night, he recomm~ended passage of the Ordinance.
Ordinance No. 37-71 was unanimously passed and adopted on motion by
M~-. Scheifley and seconded by Mr. Weekes.
9.a. Regarding Site Plan Approval for the Windemere House Project, 250
South Ocean Boulevard, on the South 14.1 feet of Lot 11, all of Lots 12,
13, 14 and all of the South l00 feet of'Lots 15 through 32, inclusive,
and the South 100 feet of Lot 33, less the West 20 feet, (Ocean Beach
Lot 28) ASBURY PARK HEIGHTS, the City Manager reported that the Planning
and Zoning Board at its November 16th meeting reco~ended approval of
same, with Mr. Roy Simon being absent and Messrs. Cook and Gent dis-
senting because of high density. He said this item had been referred.
back to the Planning and Zoning Board by Council at a recent meeting,
following consideration of the plan, which had been sent to Council
by the Board without a reco~nendation.
Attorney David W. McKay, Authorized Agent for %h~ petitioner,
was present and explained the proposed development. He said that the
sales trailer, which is presently located on the property, will be re-
rsoved as soon as the core complex is completed and tha~ the pilings will
be removed in the next few weeks. Mr. Herbert H. Thiele, one of the
property owners, also said that the pilings would be removed.
Mr. Jerome Filer of Filer, Hammond & De Solo, ~chitects PA of
Cora!Gab!es, Architect for said project, was also present and explained
the proposed development in detail..
Mr. Ernest Schier, 1017 Bay Street, and Messrs. S. D. DenUyl and
Ralph Clark, both of the Lanikai, 320 South Ocean Boulevard, voiced ap-
proval of the proposed site plan.
After general discussion, .~i Weekes said that in view of the dis-
cussion just had, he would move to sustain the reco~mendat, ion of the
Planning and'Zoning Board to approve the site plan as presently present-
ed for Windemere House. The motion was seconded by Mr. Youngbiood, and
upon call of roll, Mr. Scheifley, Mr. Weekes and Mr. Youngblood voted in
favor of the motion and Mrs. Martin was opposed. Mrs. Martin qualified
her vote by saying that she knows this site plan is much better than the
previous one but as far as she is concerned t'he density ~s still too high,
and that she feels no cooperation has been given to the City in the past
years and no thought or consideration has been given to the neighbors
in that vicinity.
After rece:h~ing site pi.an approval for the Windemere House, Attorney
· Da'vid ~{. McKay, .representing the owners of the property, presentec] a
letter, dated November 22, 197!, requesting the use of the mobile trailer
presently located at 250 South Ocean ~3ou]..evard as a sales office for a
period of one year or until no longer needed~ whichever occurs first.
Mr. McRay said that whatever period of time Council fe~ls is sa~.sfactory,
the ov~ers will bind themselves by that and if they are not able to meet
that consh~uction deac]!ine and Council says to remove it, they will re~
mow~ it. During discussion, Hr, .Mci{ay sai.~ qha'h he had requested -[tle Cir-
~suit Court for an injunction IlO allow' the 'traiJ_er 'ko be left on the
proper[:.y and 'that ',,could c. ome to -[:rial on Decorater 3rd.
they not continue to be arrested, since the si[::e plan has been approved
and they have requested e''~ cf ,-~ ~
Weekes said t~.e had no objection to referrh~g the request to ~21e Pia.nn:~.ng
a.[,d Zoning Hoard, but. in all honesty l~e doesn't believe t. hat
sl)ould continue to be arrested, in 'the interim.
Said request for use of a mobile Lrailer was unanimously referred
to the Planning and Zoning Board for recon~nendation, on motion by Mr.
Scheifley and seconded by Mr. Weekes.
9.b. Regarding property annexed by Ordinance No. 37-71 earlier in the
meeting, Council unanimously sustained the Planning and Zoning Board's
recormnendation to approve the Final Plat of QUALITY ACRES, on motion by
Mr. Weekes and seconded by Mr. Scheifley.
9.c. Regarding a request for abandonment of a 35-foot drainage easement
over the Easterly part of Lots 242 through 261, TROPIC PALMS, in return
for a 10-foot general utility easement, the City Manager reported that the
Planning and Zoning Board by unanimous vote reco~dnend that the request
]De granted. He further reported that there is a five-foot utility ease-
ment on the extreme eastern edge of the lots in question, and with the
abandonment of the 35-foot drainage easement in return for a ten-foot
general utility easement would give the city a 15-foot easement, which
would be of sufficient width for any foreseeable future City use, and
if Council is agreeable to abandoning the 35 feet on that basis a motion
may be passed to that effect and the proper documentation can be prepared
and presented to Council at a later meeting.
Mr. Weekes moved 'to proceed with the abandonmen.tof the 35-foot drain-
age easement in favor of an additional 10 feet for general utilities, the
motion being seconded by Mr. Youngblood and unanimously carried.
9.d. City Manager Mariott reported that the Planning and Zoning Board
unanimously recommends the annexation of Lots 24 through 28, Block 37,
DEL-tlATON PAPd< Subdivision and the North 2 feet of that portion of Avenue
"C" lying adjacent to Lot 24, in RM-1A Zoning District, subject to that
portion of Florida Boulevard adjacent to the subject property also being
annexed, and if Council desires to sustain the Board's recommendation,
authorization should be given for an Ordinance to be prepared providing
fo s ama.
Mr. Scheifley moved that authorization be given to prepare an Ordi-
nance annexing Lots 24 through 28, Block 37, DEL-RATON PARK Subdivision
and the North 2 feet of that portion of Avenue "C" lying adjacent to Lot
24, in RM-!A Zoning District, also a portion of Florida Boulevard. The
motion was seconded by Mr. Youngblood and carried unanimously.
9.e. Regarding property located in 'the South Half of Section 19-46-43
lying on the South. side of Lowson Boulevard between the Lake Worth Drain-
age District E-4 Canal and Homewood Boulevard, if extended, Council unani-
mously approved the Final Plat of PALM AIRE AT DELRAY 1ST SECTION, as
recoIr~ended, on motion by Mr. Weekes and seconded by Mr. Scheif].ey.
10.a. Vice-Mayor Martin introduced Mr. LeRoy W. Merritt, a Cand_.date for_.
Mayor in the Gener~.l Election t.o be held on December 7, 1971.
10.a. The City Manager reported 'that a bid has been rece:i.'ved from Gulf-
's'tresm~ Construction Company, Inc., in tghe a~,ount of $40,937.35 for the
extension of sanitary sewers at %he following three locations: for a
distance of 600 feet North on S. W. 16th Avenue beginning at S. W. 10th
Stzeet; for a distance o~ 350 feet on Ibis Drive, off Curlew Road and for
a distance of 460 feet on Spanish Trail %o serve two aparqment buildings
with 40 dwelling units. He recommended that sa:%d bid be accepted and
i~hat funds to cover the cost of extending %he sewer lines to these areas
be taken from the Sewer Construction Fund Account.
A con'hract in the ~,.onn. t of $40,937~35 was ~.~nanimousiy award[ed to
Gulfstream Construc-~iien Company~ Inc., with funds covering the cost of
same to be taken from ~he Sewer Construction Fund Account, on moCion by
Mr. Sche~fley end seconded by Mr. Weekes~
-6- 11.-22-71
187
10.a. The City Manager reported that the current Budget provides $221,425
in the General Fund Contingency Account, with $75,000 being the Contin-
gency Account and the rem~ining amount of $1~6,425 being for the compensa-
tion increases durEng the year. ~le said a transfer of an a~[ditional
$]_4,000 should be authorized from the Con'tingency Account to finance the
addit, ional compensation increases that were planned for ¢].uring the year,
making the total a~ount of compensation increases for the year $160,425,
which item was 'd. iscussed at the last' workshop meeting.
Transfer of $14,000 from the General Fund Contingency Account was
unanimously authorized, as rec0~a-~ended, on motion by Mr. ¥oungblood and
seconded by Mr. Weekes.
10.a. Council was informed that an applica'tion has been received from
the Boynton-Delray Seventh Day Adventist Church for permission to solicit
funds, door-to-door, within the City during the period of December 8
through 22, 1971, and following review of said application, the Solicita-
tion Co~mmittee recommends approval of the request subject to their solicZ
itation being limited to the area North of N. E. 8th Street so as not to
conflict with a similar solicitation conducted by the Daughters of the
Zion Seventh Day Adventist Church.
The Solicitation Co~m~ittee's recommendation was unanimously sustain-
ed, on motion by Mr. ¥oungblood and seconded by Mr. Scheifley.
10.b. Payment of the following Bills for Approval were unanimously ap-
proved, on motion by Mr. Scheifley and seconded by Mr. Youngblood.
General Fund $165,401.72
Water Revenue Fund $ 15,000.00
Water Operating & Maintenance Fund $ 2,789.91
Special Assessment Fund $ 4,900.00
Ca~pita]. Improvements Construction
Trust' F'~nd $166,085.92
The meeting adjourned at 9:20 P.M.
HALLIE E. YATES
City Clerk
ORDINANCE NO. 37-71
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLOKIDA, ANNEXING TO THE CITY OF
DELRA'f BEACH, LOTS 21 thru 26 INCLUSIVE, BLOCK
1, AND LOTS 1 thru 5 INCLUSIVE, AND LOTS 28 thru
~ 44 INCLUSIVE, BLOCK 17, ALSO THE NORTH-SOUTH
ALLEYS IN THE NORTH HALF OF BLOCK 17, DEL-RATON
PARK SUBDIVISION, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; AND PROVIDING FOR THE ZONING THERE-
OF.
WHEREAS, HOYLE CADILLAC, INC. is the fee 'simple owner of the pro-
perty hereinafter first described; and
WHEREAS, HOYLE CADILLAC, INC. by its petition has consented and
given permission for the annexation of said property by the City of
Delray Beach; and
WHEREAS, the City of Delray Beach has heretofore been authorized
to annex lands in accordance with Section 185.1 and Section 6A (4) of
the City Charter of said City granted to it by the State of Florida;
and
WHEREAS, the annexation of these lands hereinafter first describ-
ed, in the C-2 General Commercial District, has been recommended by
the Planning and Zoning Board in action taken at its meeting held on
February 2, 1971;
NOW, THEREFORE, BE'IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach,
Palm Beach County, .Florida hereby annexes to said City 'the following
described tracts of land located in Palm Beach County, Florida, which
lie contiguous tO said City,'to-wit:
Lots 21 thru 26 inclusive, Block 1, and Lots 1 thru
5 inclusive, and Lots 28 thru 44 inclusive, ~lock 17.,
Del-Raton Park Subdivision, per Plat Book 14, Pages 9
and 10, Public Records of Palm Beach County, Florida;
also
The Two North-South ten Foot (10') Alleys in the
North half of Block 17, Del-Raton Park Subdivision,
per Plat Book 14, Pages 9 and 10, Public Records of
Palm Beach County, Florida.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
scribed tracts of land, and said land is hereby declared to be within
the corporate limits o~ the City of Delray Beach, Florida.
SECTION 3~ That the tracts of land hereinabove first described
are hereby declared to be in Zoning District C-2 as defined by exist-
ing ordinances of the City of Delray Beach, Florida.
188-B
Page 2, ORDINANCE NO. 37-71 ~.
SECTION 4. That the lands hereinabove described shall immediate-
ly become subject to all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be, and persons residing there-
on shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or part of
this Ordinance shall be declared illegal by a court of competent juris-
diction, such record of illegality shall in no way affect the remaining
portion.
PASSED IN regular session ~/~/~~/~/~/~~/on the
22nd day November , 1971.
c A o
ATTEST:
City Cl~
First Reading October 21~ 1971.
November 8, 1971.
Second Reading
Passed November 22, 1971.
188-?.
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.
WHEREAS, RUSSELL M. WRIGHT is the fee simple owner of the'proper-
ty hereinafter described; and
WHEREAS, RUSSELL M. WRIGHT by his petition has consented and giv-
en permission for the annexation of said property by the City of Delray
Beach; and
WHEREAS, the City of Uelray Beach has heretofore been authorized
to annex lands in accordance with Section 185.1 of the City Charter of
said City granted to it by the State of Florida; and
WHEREAS, the annexation of these lands hereinafter described, in
the RM-1A Multiple Family Dwelling District, has been recommended by
the Planning and Zoning Board in action taken at its meeting held on
October 19, 1971;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach,
Palm Beach County, Florida hereby annexes to said City the following
described' tracts of land located in P.al~ Beach County, Florida, which
lie contiguous to said citY, to-wit:
Lots 12 and 28, and the North half of Lots 13 and
29; and the North quarter of the South half of Lots
13 and 29, all in Block 2, Model 'Land Company Sub-
division, Section 21, Township 46 South, Range 43
East, according to-the plat thereof on file in the
office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded in Plat Book 1,
Page 128, ALSO that portion of the South half of the
Southwest quarter of the Northeast quarter of the
Southwest quarter of Section 21, Township 46 South,
Range 43 East, lying East of the East right-of-way
line of State Road No. 5 (U.S. Route 1) containing
9.16 acres more or less.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
'scribed tracts of land, and said lands are hereby declared to be with-
in the-corporate limits of the City of Delray Beach, Florida.
SECTION 3. 'That the tracts of- land hereinabove described are
hereby declared to he in Zoning District RM-1A as defined by existing
ordinances of the City of Delray Beach, Florida.
Page 2, ORDINANCE NO. 38-71
SECTION 4. That the la'nds hereinabove described shall immediate-
ly become subject to all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be, and persons residing there-
on shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or part of
this Ordinance shall be declared illegal by a court of competent juris-
diction, such record of illegality shall in no way affect the remaining
portion.
PASSED in regular session on the second and final reading on the
22nd day November , 1971.
~ I C E-M A Y O R
ATTEST:
City Clery ~
First Reading November 8, 1971.
Second Reading November 22, 1971
188-E
ORDINANCE NO, 39-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH,~ CERTAIN LANDS IN SECTION 13, TOWN-
SHIP 46 SOUTH, RANGE 42 EAST AND IN SECTION 18,
TOWNSHIp 46 SOUTH, RANGE 43 EAST, ALSO A PORTION
OF BARW-ICK ROAD, WHICH LANDS ARE CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LANDS; AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, RICHARD A MANOOGIAN is the fee simple owner of the proper-
ty hereinafter described as PARCEL 1; and PIERCE MANGURIAN is the fee
simple owner of the property hereinafter described as PARCEL 2; and
WHEREAS, RICHARD A. MANOOGIAN and PIERCE MANGURIAN, by petition
through their Authorized Agent, ~4r. Robert Kinkead, have consented and
given permission for the annexation of said lands by the City of Delray
Beach; and
WHEREAS, the City of Delray Beach has heretofore been authorized
to annex lands in accordance with Section 185.1 and Section 6A (4) of
the City Charter of said City granted to it by the State of Florida; and
WHEREAS, the annexation of these lands hereinafter described as
PARCEL 1 and PARCEL 2, in the RM-1A Multiple Family Dwelling District,
has been recommended by the Planning and Zoning Board in action taken
at its meeting held on October 19, 1971;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA,-AS FOLLOWS:
Section 1. That the City Council of the City of Delray Beach, Palm
Beach County, Florida hereby annexes to said City the following described
tracts of land located in Palm Beach county, Florida, which lie .contigu-
ous to said city, to-wit:
PARCEL 1.
The North three-quarters of the Northeast quarter less the
North 769.20 feet and l~ss the South 230.0 feet and less
the North 230.0 feet of the South 460.0 feet of the North
half of the Southeast quarter of said Northeast quarter;
together with the West 930.0 feet of the said North 230.0
feet of the South 460.0 feet of the North half of the South-
east quarter of the Northeast quarter, all in Section 13,
Township 46 South, Range 42 East, Palm Beach County, Florida.
The Northwest quarte~ of the Southwest quarter of the North-
west quarter, less the South 460.0 feet, together with the
North half of the Northwest quarter less the North 768.78 feet,
measured at right angles, of the West half of the Northwest
quarter of the Northwest quarter and less that part of the
'Northeast quarter of the said Northwest quarter as described
in Official Record.Book 622, page 639, all in Section 18,
Township 46 South, Range 43 East, Palm Beach County, Florida
(being portions of Tracts 11 through 18 as shown on Model
Land Company's Subdivision of said Section 18, recorded in
Plat Book 6 on page 51, Public Records of Palm Beach County,
Florida).
188-F
Page 2. ORDINANCE NO. 39-71.
LESS
the South five feet (5') of the North forty-five fe~t (45')
of the West 1203.04 feet of the East three quarters of the
North half of the Northwest quarter of Section 18, Township
46 South, Range 43 East, Palm Beach County, Florida. (Being
114.33 acres more or ·less)
PARCEL 2.
The South 359.60 feet of the North 769.20 fe~t of the North-
east quarter, and less 'the West 40 feet road right-of-way,
all in Section 13, Township 46 South, Range 42 East, Palm
Beach County, Florida.
The North 768.78 feet of the West one half of the Northwest
one quarter of the Northwest one quarter, less the North 40
feet channel right-of-way, and the West 377.24 feet of the
North 409.38 feet all in Section 18, Township 46 South,
Range 43 East, palm Beach County, Florida. (Being 30 acres
more or less)
PARCEL 3.
That portion of Barwick Road as now laid out and in use-:
extending Northerly to the Northerly right-of-way line of
Lake Ida Road, and extending Southerly to a line 230 feet
North of the center line of Francis Drive as shown on the
Plat of Kingsland as recorded in Plat Book 24, Page 94,
Palm Beach County, Florida Public Records.
Said right-of-way lying in Section 13, Township 46 South,
Range 42 East.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
scribed tracts of land,-and said land is hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
Section 3. That the tracts of land described in PARCEL 1 and
PARCEL 2 are hereby declared to be in Zoning District RM-1A as de-
fined by existing ordinances of the City of Delray Beach, Florida.
Section 4. That the lands hereinabove described shall immediate-
ly become subject to all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands
in the City of Delray Beach are now or may be, and persons residing
thereon shall be deemed citizens of the City of Delray Beach.
Section 5. That if any word, phrase, clause, sentence or part
of this Ordinance shall be declared illegal by a court of competent
jurisdiction, such record of illegality shall in no way affect the
remaining portion.
PASSED in regular session on the second and final reading on the
22nd day of November, 1971.
ATTEST: V I C E-M A Y O R
City Clerk
First Reading November 8, 1971. Second Reading November 22~ 1971
188-~
ORDINANCE NO. 40-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CURRENT ELECTRICAL ORDINANCES AS CONTAINED
IN CHAPTER. 13 OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH BY ADOPTING. THE
!971 EDITION OF THE NATIONAL ELECTRICAL CODE,
CHANGES OF FEES, AMENDING DUTIES OF ELECTRICAL
EXAMINING BOARD, LICENSE REQUIREMENTS AND
TERMINATION 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 PRO-
VISIONS.
WHEREAS, the Electrical Examining Board has recommended changes
to the Electrical Code and
WHEREAS, the City of Delray Beach is desirous of updating its elec-
trical Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Sectionl. That Section 13-2 (b), Chapter 13 of the Code of Ordinances of
the City be amended to read as follows:
Sec. 13-2 (b) "Duty of Board." It shall be the duty of the board
to pass upon the qualifications of all persons who desire to engage
in the business or work of electrical construction within the city
limits o.f the city.. The board shall have the right to make reasonable
rules and regulations relating to tl~e qua. lification's of electricians.
These qualifications shall satisfy the board as to the applicant's ability
as an. electrician and his familiarity with the rules and re~u!ations
governing electrical construction.
Seclion 2. That Section 13-2 (f), Chapter 13 of the Code of Ordinances
of the City be ,amended to read as follows:
Sec.13-2 (f) "Application and examination for Master Electrician's
certificate". The examination for a Masier Electrician will be
issued in such a manner as to comply with Chapter 67-1876 laws of
Florida, Regular Session, 1969, as shown by the records of the
office of the Secretary of State.
Section 3. That Section 13-2 (g), Chapter 13 of lhe Code of Ordinances
of the City be amended to read as follows:
Sec. 13-2 (g) "Application for examination for Journeyman Electrician's
certificate." An examination shall be given according to Chapter 67-
1876 laws of Florida, Regular Session 1969, as shown by the records of
the office of the Secretary of State.
Section '4. That Section 13-2 (h), Chapter 13 of the C'od'e of Ordinances
Of theCiiy be amended to read as follows:
Sec. 13-2 (h) "Permit for helper." Every person engaged in, or desiring
to engage in or work at, the trade of electrician's helper in the city
shall secure from the city electrical inspector a helper's permit,
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188-~
ORDINANCE NO. 40-71
which will entitle the applicant to work at electrical construction
only under ~he direct supervision of a journeyman electrician. /%
fee of two (2) dollars shall be charged for each helper's permit.
Section 5. That Section 13-2 (i), Chapter 13 of the Code' of Ordinances
of the City be amended to read as follows:
Sec. 13-2 (i) "Termination of Certificate". All electrician's certifi-
cates shall expire on September 30th of each year and must be renewed
at that time. All Certificates shall remain in full force and effect
until October 1st of each year after their issuance, and shall be re-
newed from year to year without further examination, upon payment
of five dollars ($5.00); provided however, that in event a certificate
is allowed to lapse for a period of one year, a re-examination shall
be required.
The certificates of maintenance electricians shall bear the name
and address of the person by whom they are regularly employed.
These certificates shall become null and void if the maintenance
electrician changes his place of employment. However, a main-
tenance electrician may exchange his certificate by re-registering
in the office of the chief electrical inspector. Duly registered
maintenance electricians shall be permitted to change their main-
tenance certificates for journeyman certificates without taking
further examinations.
The renewal fees for master and journeyman electrician's
certificates shall be five dollars ($5.00) per year, and two dollars
($2.00) per year for renewal for helper electrician's certificates.
Ail money paid for examination fees and certificate renewals shall
be collected by the office of the chief electrical inspector and
turned into the general fund of the city.
Section 6. That Section 13-2 (j), Chapter 13 of the Code of Ordinances.
of the City be amended to read as follows:
Sec. 13-2 (j) "Registration of electricians." All master,
sign-master and maintenance electricians must register
with the chief electrical inspector the name and address
of the person by whom th~y-~i~ regularly employed, and
the name of all electricians regularly employed by them.
Section 7. That Section 13=2 (k), Chapter 13 of the Code of Ordinances
of the City be amended to read as follows:
Sec. 13-2 (k) "Con~pensation and meeting of electrical board."
Ail members of the electrical examining board shall serve
without compensation.
The electrical examining board shall hold at least one meeting
during each three months.
Section 8. That Section 13-2 (1), Chapter 13 of the'C0de of Ordinances
of the City be amended to read as follows:
Sec. 13-2 (1) "Insurance requirements." Every contractor
granted a cerlificate of competency by lhe electrical examining
board and an occupation license by the city shall be required to
-2-
188-i
ORDINANCE NO. 40-71
maintain at all times in a casualty insurance company author-
ized to do business in the State of Florida, employers' lia-
bility and workmen's compensation insurance, as required by
Florida Statutes, and public liability insurance, with mini-
mum limits on each of not less than fifty thousand dollars
($50,000..00) for one person and one hundred thousand dollars
($100,000.00) for more ~than one p'erson, 'in any one accident,
and public property damage insurance' with a minimum of not
less than five thousand dollars ($5,000.00) for any one acci-
dent.
Section' 9. That Section 13-2 (m) Chapter 13 of the Code of Ordi-
nances of the City be amended to read as follows:
Sec. 13-2 (m) "Unlicensed persons." It shall be unlawful for
any person not licensed to engage in a business of electrical
contract merchant or electrical contractor, or work at elec-
trical construction, in the city; provided, however, this does
not apply to a person doi.~g his own electrical work in his own
home, after having obtained a permit from the city eleCtrica1
inspector to work in his own home. The term home shall mean,
as used in this section, only that portion of any building or
structure actually used by the owner for living, purposes for
him and his immediate family.
No licensed master or sign-master electrician, firm, corpora-
tion or person shall employ any person to work in the capacity
of an electrician in the city unless such person has in his
possession a certificate of competency, paid up to date, as
provided for in this chapter.
N~ journeyman or ~sign-journeyman electrician, shall do elec-
trical work of any character, such as install wiring appara-
tus or equipment, or make extensions or changes to existing
wiring systems' for ligh6, heat or power, upon premises out-
side, inside or attached to building or premises, whether for
permanent or~ temporary work, in the city, unless he is employ-
ed by, and works uHder the direct supervision of, a licensed
master or sign-master electrician who is duly certified by
the board of the city electrical inspection department, as
provided for in this chapter.
Section 10. That Section 13-2 (n), Chapter 13 of the Code of Ordi-
nances of the City be amended to read as follows:
Sec. 13-2 (n) "Certificates not transferable." Any electri-
cian who shall lend his license and/or certificate of compe-
tency or permit, or allow the s~me to be used by any person
other than the one to whom the license and/or certificate of
competency or permit was lawfully issued, or who shall at-
tempt to. work at the trade of electrical construction for any
other firm, or in any other capacity than that for which his
license and/0r.'certificate of competency has been lawfully
issued, shall have his certificate of-competency or permit
suspended for 'a period o'f thirty days for the .first 6ffense,
and cancelled for a period of one year for the second offense.
Any unlicensed person who shall work, or attempt to work, at
electrical construction under a license and/or certificate of
competency or permit fraudulently obtained or found, shall
not be permitted to apply for any license and/or certificate
-3-
188-J
ORDINANCE NO. 40-71
of competency or permit to work at electrical construction in
the city for a period of one year after such deception was discovered.
Section 11. That Section 13-2 (o), Chapter 13 of the Code of Ordinances
Of the City be amended to read as follows:
Sec. 13-2 (o) "Wo',~k in violation herewith." Any electricians who
shall do any work whatever on any electrical installations in the
city and leave any part thereof in such condition as to violate any
provisions of this chapter, shall be subject to the penalties pro-
vided for in this chapter.
Section 12. Thai the following Sections of 13-2, Chapter 13 of the Code
of Ordinances of the City are hereby repealed, revoked, recinded and
d elet ed:
Sec. 13-2 (p)
Sec. 13-2 (q)
Section 13. That Section 13-4 (f) (2), Chapter 13 of the Code of Ordinar~¢<-:?
of the City be amended to read as follows:
Sec. 13-4 (f) (2) Permits shall not be issued by the electrical
inspector until after the following fees have been paid to the
inspector:
ROUGH WIRING
Outlets:
Ceiling
Bracket
Receptacle .
Switch
Sign Outlet
Door Bell
Floodlight
1 through 5 outlets ........... $ 1.50
Each additional outlet .......... 20
Service:
Temporary and construction service ........... $ 3.00
100 ampere and under ................. 1.50
10! ampere to 200 ampere .......... ..... 3.00
201 ampere to 400 ampere ............... 8.00
401 ampere to 600 ampere ............... 12.00
601 ampere to 800 ampere ............... 16.00
801 ampere to 1000 ampere ............. 20.00
Over 1000 ampere ................. 25.00
A charge of $1.00 for each additional meter except for first meter.
FIXTURES
Lights 1 through 10 bu/b socket or
fluorescent tube ................ 1.50
Each additional light lulb socket or
fluorescent tube
One and two family dwellings . t0
Commercial or other occupants .20
-4-
188-K
ORDINANCE NO. 40-71
WELDING MACt[INES
Determine the amperage, as follows:
Up to 6 ampere $ 1.00
Over 6 ampere to 12 ampere 2.00
Over 12 ampere to 18 ampere 3..00.
over 18 ampere to 25 ampere 4.00
over 25 ampere to 30 ampere 5.00
over 30 ampere to 35 ampere 6.00
Over.35 ampere to 40 ampere 7.00
Over 40 sa%apere 8.00
MEAT CASES AND SHOWCASES
(Determine number of lights)
· ~,
First 10 lights or fraction thereof 1.50
Each additional light in case .10
ELECTRIC ELEVATORS
Determined by motor size
DRY TYPES OR AUTO TRANSFORMERS
Less than 5 K.W. 1.00
5 K.W. and over 2.00
plus . 10 each additional K.W. or fraction
POOLS
Each wet niche lighting transformer 3.00
Grounding of steel & metal parts in pool 1.50
COMMERCIAL FLOODLIGHT OR SPOTLIGHT 1.00
MOTION PICTURE BOOTHS
For each motion picture booth, including a]] panel-
boards, switches and macines 5.00
EQUIPMENT
For each range, oven, surface cook top, clothes
dryer, clothes washer, dishwasher, deep fryer
outlets
One and two family dwellings ............ 1.00
Commercial or other occupants .......... 1.50
For each water heater, disposal, small fixed appliance
One and two family dwellings 1.00
Commercial or other occupants 1.50
For electric heating less than 1.5 K.W.
One and two family dwellings 1.00
Commercial or other occupants 1.50
-5-
09g
1882-L
ORDINANCE NO. 40-71
Each additional K.W. or fraction thereof
One and two family dwellings .10
Commercial or other occupants .15
Motors or generators including controls
Each motor Up to and incl. uding 1 h.p. 1.00
Each motor over 1 h.p. through 3 h.p. 2.00
Each motor over 3 h.p. through 5 h.p. 3.00
Each motor over 5 h.p. through 8 h.p. 4.00
Each motor over 8 h.p. through 10 h.p. 5.00
Each motor over 10 h.p. through 25 h.p. 8.00
Each motor over 25 h.p. through 100 h.p. 15.00
All over 100 h.p. 15.00
plus . 10 each additional horsepower or
fraction thereof.
Storage Batteries
For each set of storage batteries for light, heat·
or power installed in.connection with generators
or rectifiers 2.00
Rectifiers
For each rectifier less than 1 K.V.A. 1.00
Over 1 K.V.A. and less than 10 K.V.A. 1.50
10 K.V.A. and over 2.00
plus . 50 each additional K. V.A. or
fraction thereof.
The fee for any equipment not covered by this section shall
be $1.50 for the first K.W. and ten cents (. 10) for each additional
K.W.
X-RAY EQUIPMENT
Each x-ray or high frequency machine including switches
and control 5.00
CAPACIT ORS
Each capacitor, installed for power'factor correction 1.00
LOAD REGULATORS
Each 1.00
CARNIVAL OR ROAD SHOW 10.00 -
-FOR EACH CIRCUS 25.00
FOR EACH SPECIAL PURPOSE OUTLETS
NOT HERETOFORE SPECIFIED 1.00
B USW AYS
0 through I00 feet~ each foot .15
Each foot over 100 feet ~ 10
TRANSFORMERS OR BALLASTS PERTAINING
TO ELECTRIC SIGNS
1 through 3 3.00
Each additional 1.00
188-l~i
ORDINANCE NO . 40-71
Lights 1 through-10 bulb sockets or
fluorescent tube 1.50 '
Each additional light bulb socket or
fluorescent tube .20
Section 14. That Section 13-4 (g) Chapter 13 of the Code of Ordinances
of the City be amended to read as follows:
Sec. 13-4 (g) "Adoption of National Electrical Code". Except
as in this chapter otherwise provided, all electrical con-
struction and al! material and appliances used in connection
With electrical work and the operation of all electrical apparatus
within the city shall conform to the rules and regulations of
the National Electrical Code 1971 Edition, as recommended
and published by the National Fire Protection Association for
the installation of wiring and electrical apparatus for electrical
purposes as they are now established may be hereafter amend-
ed, of which copies are ,on file in the office of the city auditor
and clerk, which rules and regulations are hereby adopted and
approved and made a part of this chapter as fully as if set out
in length herein; provided, that the rules and regulations of
the National Electrical Code are not in any respect in conflict
with the provisions of this chapter, this code, the laws of the
state or subsequent ordinances and resolutions of the city.
(1) "Special rules and regulations for services and feeders.".
All service conductors shall be encased in a U.L. approved
raceway. This shall not apply to 'single family dwellings or
primary cable on any buildings so long as these services are
installed, operated and maintained by a public u. tility company
or a communic'ations company. ' They shall be required to sub-
mit a plot plan showing the secondary service layout. The
raceway may be:
(a) G'alvanized or sheridized threaded conduit.
· (b) Aluminum conduit (not approved when used as 'Mast)
shall not be ins. tailed in concrete.
(c) Electrical metallic tubing.
(d) Rigid non ~m.etallic raceways on load side of meter.
(2) All feeder conductors, except existing service entrance cable,
shall be encased in U. L. ~pproved raceway. The raceway may be:
(a) Galvanized or sheridized threaded conduit.
· (b) Aluminum conduit shall not be installed in concrete.
(c) Electrical metallic tubing may be used only above grade.
(d) Rigid non metallic' raceways.
(3) The service for a store shall be a minimum one and one-half
( 1 1.:/2) inch raceway, 100 ampere capacity, 4 W 115/230V, single
phase.
(4) Conductors in commercial buildings from meter to panel-
boards shall be a minimum 100 ampere capacity, 3W 115/230V,
single phase; ' installed in one and one quarter (1 1/4) inch raceway.
(5) All main switches and submain switches and branch circuits
must be plainly marked so that the division, subdivision or. separate
occupancies of the building which they cohtrol can be quickly and
positively id entified.
(6) In multiple meter installations, only one set of service conductors
shall be installed in service raceways beyond the assembly of meter
-7-
18 8'-M
ORDINANCE NO. 40-71
sockets, gutters or other approved wire enclosures used exclusively
for wiring of meters.
(7) That the service conductors from the point of entry into the
building to the main service disconnects shall be no more than
six (6) feet.
(8) (a) U. L. Approved rigid metal conduit, non-meta/lic conduit,
surface metal raceway or electrical metallic tubing shall be re-
quired to encase conductors for lights, heat or power in the wiring
of all buildings.
(b) U. S. approved non-corrosive raceways, fittings, boxes and
related accessories shall be used on marine docks and sea walls
and other similar type and related structures.
(9) In all stores, office buildings public assembly halls, and
commercial buildings, all, receptacle circuit outlets sh~ll be
rated at 3.75 amperes each. All general lighting circuits shall
be rated at 2.5 amperes for each outlet. All combination ret
ceptacles and general lighting circuit shall be rated at 3.75
amperes for each outlet.
(10) The maximum number of Mogul base light sockets shall not
exceed three per 15 ampere circuit or four per 20 ampere circuit.
No convenience receptacle shall be permitted on a branch-circuit
supplying Mogul base light sockets.
(11) New outlets for all electric stoves, water heaters, dishwashers,
disposals and washing machines shall be equipped with an approved
receptacle which, must be located within the length of a five (5) foot
cord of stove, water heater, dishwasher, disposal or washing machine,
and must be of sufficient size. These u nits shall be connected to
the receptacle provided by use of proper detachable plug and cord.
(12) All water healers, except the fully automatic type, shall be
equipped with a pilot light and indicating switch. The switch and
pilot light must be located in a conspicuous place inside the build-
ing, preferably in the kitchen or hall.
(13) Bell or signalling transformers shall not be installed in clothes
closets. In new CBS construction tile same provisions shall apply for
low voltage installations that apply to circuit wiring.
(14) Any kitchen, bathroom, utility room, workshop, garage or
equivalent car storage space shall be provided with an electrical
outlet to provide proper illumination.
(15) In each branch circuit pane]board of any residential occupancy,
there shall be a rninimum of two (2) extra fuse holders or breakers.
An empty raceway originating in an accessible place either under
the floor or to the exterior of the building above finished grade shall
be installed.
(16) (a) Any flood light sign or display so located that they blind
the lnotorist on the public highway or detract from traffic signals
shall be readjusted or removed by ~he order of the electrical inspector.
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188-N
ORDINANCE NO. 40-71
(b) All flood lights within seven (7) feet of finish grade used for
exterior lighting shall be properly grounded.
(17) Built in ranges, broiler ovens and grill shall each be controlled
by a disconnect or breaker of proper size for each section. They shall
be connected to branch circuit conductors by approved recepiacles,
attachment cap and cord.
(18) All lighting outlets in bathrooms, toilets, or over sinks or
washbowls shall be controlled by a wall switch.
(19) Grounding type receptacles shall be installed on all new
installations.
(20) Aluminum conduit and equipment shall not be used East of the
Intracoastal Waterway. Aluminum conductors #2 and larger may
be used for subfeeds only, and only in areas West of the Intracoastal.
(21) Non-metallic sheathed ca6~le (Romex) shall not be used to conduct
current in or on any building 'or structure, for any use or purpose,
unless specifically allowed by local authority for remodelling purposes.
only, and in accordance with the directions issued by such authority.
(22) Electrical metallic tubing (EMT) may not be used Outside of
building, unless embedded in two (2) inches of concrete.
(23) All metals on or about swimming pool areas, such as supporting
columns, etc., of screen enclosures or patio roofs within (4) feet of
pool perimeter shall be grounded.
Section 15. That the following Sections of 13-6, Chapter 13 of the Code
of Ordinances of the City are hereby repealed, revoked, recinded and deleted:
Sec. 13-6 (o)
Sec. ~3-6'(p)
Sec. 13-6 (q) "
Sec. 13-6 (r)
Sec. 13-6 (s)
Sec. 13-6 (t)
Sec. 13-6 (u)
Section 16. Should any section or provision of this ordinance or any portion
thereof, or any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the re-
mainder hereof, other than the part declared to be invalid.
PASSED AND ADOPTED in regular session on the second and final reading
on this the 22nd day of November, 1971.
'V I C E-MAYOR
ATT EST:
Ciiy Clerk (/
First Readin~ November 8, 1971.
Second Reading November 22, 1971.
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ORDINANCE NO. 41-71
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLOR.IDA, AMENDING CHAPTER 25, SEC-
TION 25-1, CODE OF ORDINANCES OF THIS CITY PER-
TAINING TO TRAFFIC.
WHEREAS, it is necessary to update the Traffic Code of the City Of
Delray Beach, and
WHEREAS, the City Council deems it in the best interest of the
City to update the Traffic Code by using the new Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 25-1, Chapter 25 of the Code of Ordin-
ances of the City be amended to read as follows:
"Sec. 25-1. FLORIDA UNIFOR~ TRAFFIC CONTROL LAW ADOPTED--ADDI-
TIONAL TRAFFIC REGULATIONS; PENALTY.
(a) All of the provisions and requirements of Chapter
316, Florida Statutes 1971, known and cited as the
"Florida Uniform Traffic Control Law" in regard to reg-
ulation of traffic on highways, are hereby adopted by
reference in accordance with the authority granted in
Section 186.02, Florida Statutes.
(b) The City of Delray Beach, Florida, recognizes every
motor vehicle as a dangerous instrumentality. All of the
provisions and~ requirements of Chapters 316, 322 and 860,
Florida Statutes, 1971, in regard to the regulation of
traffic, whether su. ch provisions apply to the. driver of
a vehicle within or without a municipality, are hereby
adopted as provisions and requirements of the ordinances
of the city and shall be applicable to the entire munici-
pal territory of this community and shall not be limited
in their application to the public streets, roads and high-
ways within the corporate limits.
(c) Any person, firm or corporation who violates subsection
(a) or (b) shall, upon conviction thereof, be punished by
the same penalty as is provided by the laws of the state,
but in no case shall such penalty exceed a fine of five hun-
dred dollars ($500.00), or an imprisonment for more than
ninety (90) days, or both such fine and imprisonment in the
discretion of the municipal judge."
SECTION 2. This Ordinance is to become effective at 12:01 A.M.
on January 1, 1972.
PASSED AND ADOPTED in regular session on this second and final
reading on this 22nd day of November , 1971.
V I C E-M A Y O R
ATTEST:
.F. IRST RF2tDING November 8,. 1971. SECO~-D READING November 22., 1971
September 21, 1971
ATTACHMENT NO. 3
Mr. Carl Hunsinger
Intercounty Construction Corp.
2100 North Dixie Highway
Wilton Manors, Florida
Dear Mr. Hunsinger:
IN REFERENCE TO PARAGFu%PH ~.2.2:
It is common practice in South Florida to substitute
schedule ~0 PVC pipe for galvanized or other metal
condensate piping. This has been standard procedure :
in other water treatment plants in this area.
IN P~EFERENCE TO PARAGP~PH G. 5.2 :* *
Standard practice in this area has been to use Armstrong
Armaflex 22 insulation %,~ith 3/~" vJalls for suction piping
and 1/2~ for condensate piping. Butt Joints are sealed
with Armstrong 520 adhesive.
We request ~-~e be allo~ed to make the above substitutions for the
Delray Water Treatment Plant.
Sincerely,
John F. Rawlings~7~
Sales Engineer,~ Corp. ~!
JFR/pm
September 22, 1971
ATTACHh4ENT NO. 2
Russell & Axon
P.O. Box 1837
Delray Beach, Florida
Attention: ~. J. Klink
Re: Nater Iforks Improvement
City of Delray Beach, Florida
Gentlemen:
Enclosed is a letter from our sub-contractor for air conditioning
and heating, DIC Corporation. '
They are requesting permission to make substitution for pipe and
insulation to their air conditioning units. We would appreciate your con-
sideration of this proposal. Thank you.
Very truly yours,
.. INTERCOUNTY CONSTRUCTION CORPORATION
.CARL }t. HUNSICKER, Project Engineer
CHH:mk.
Enclosure
a;¢O N. ~,-':c H~:~M','.',.','. F'T. LAUDER'DALE: 563-42g! ~C~T L&UD£~ID,
~'s~,- LA,,,.,.-"t-mn$'-.Ih FLa. S3305 MIAb.'Jl g44-O15'J FL,,:",~,IC-~, .~.~37
October 26, 1971
ATTACHMENT NO.
Russell'& Axon
Consulting Engineers-, Incorporated
P.O..Box 1837
Delray Beach, Florida 334/~4
· Attention: Mr..~. Klinck
District Engineer
Re: Water Treatment PJant
City of Delray Beach, Florida
Water Works Improve~ent
Gentlemen:
In regard to our letter of September 22, 1971, we ~ish t°
offer a credit to the City of Delray Beach in the amount of S50. OO if
we can make the substitution as requested.
l'~'~we have your earliest reply.
Very truJy yours,
INTERCOUNTY CO~;ST~UCTIO;~ CORPORATION
CARL H. t-:UNSICKER, Project Engineer
CHH:Ink ..
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October 26, 1971
ATTAC]-Jh4ENT NO. 4
Russell & Axon
Consulting Engineers, Incorporated
P.O. ~ox 1837
Delray Beach, Florida 33444 ~-~
Attention: Mr. J. H. Klinck, P.E,
District Engineer
Re: City of Delray Beach
Water Treatment Plant :
Project ~o. 6469-3-111
Gentlemen: ~,~
We are in receipt of your letter dated October 21, 197} and
wish to quote on the furnishing and installation oF the 20" Butterfly
Valve end valve box.
The total price to the city will be S1,826.18. This valve i~
a Mueller AWWA and was in stock and has been shipped.
Very truly yours,
.INTER£OUNTY CO.NSTRIICTION CORPORATION
~q' ~r' i ,' )/' /',,
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CARL H. ItUNSICKER. Project Engineer
CHH:ink . ..--L: ' }x~.
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RUSSELL a 'AXON ! Consulting. D~u'.^YP°s'"Engineers'Inc°rp°rateds ~t ^c,~. o,:,:, CEFLOR,O^,~OX ,S~7.~M44188-T
November 10, 1971
Honorable .Mayor and City Council
City of Delray Beach
100 N.W. 1St Avenue
Delray Beach, Florida 33444
Attention: Mr. J. Eldon Mariott, City Manager
Subject: Supplemental Agreement No. 3, Change Order
Water Works Improvements - Section I
Water Treatment Plant
Project No. 6469-3-III
Gentlemen: ... .:
During the current construction project on the water treatment plant, the
following changes in the basic construction plans have been made for the ,
betterment of the project. Those changes have been discussed with and
approved by the City's Engineering Department, after complete investiga-
tion of costs and other effects on the contract. Comments on the changes
are as follows:
A. Schedule 80 PVG pipe to be substituted for galvanized or other metal
condensate piping at the request of the Air Cond~itioning Contractor and,
at a saving to the City. The original plans did not contain provisions for
PVG piping, since at the time of their preparation this material had not been
available and acceptable for such uses.
B. Installation of an additional 20" Butterfly Valve and valve box, as re-
quested by the City's Public Works Department.
The net result in cha. nges indicated above amounts to an increase of the Con-
tract amount by $1,.776; 18.' In order to incorporate these changes to the con-
tract, we are submitting herewith six copies of Supplemental Agreement No. 3
Change Order, for your review and processing. If these documents are found
to be satisfactory, it is requested, that they be submitted for official action
and approved by the City Council.
OFFICES IN FLORIDA AND glISSOURI
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--2--
.'~hen the indicated action has been completed, please return.four executed
copies of the enclosed Agreement to this office, for distribution to the con-
tractor and our files.
Sincerely,
RUSSELL & AXON
CONSULTING ENGINEERS, INC.
.." ///J. H. Klinck, P. E. District Engineer
JHK:jp.
Enc.
cc: Intercounl7 Construction Corp.
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CITY OF DELRAY BEACH
PALM BEACH COUNTY, FLORIDA
PROJECT NUMBER 6469-3
WATER ¥~.rO~LKS IMPROVEi![ENTS
· SECTION I - \.,~i-~ ER TREATMENT PLANT
SUPt?LEMENTAL AGREEMENT NO~. 3 , CHANGE ORDER
This agreement entered into this~lst day of November , 1971,
by and between fhe 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 30th day of March , ig?l, for the con-
struction of Water 'Works Improvements, Section I - ¥}ater Treatment Plant, in
the City of Delray. Beach~0 Palm Beach County, Florida.
"WITNESSETH:
I. WHEREAS the pa~y of the FIRST part desires to make certain changes,
substitutions, deletions or additions to the Contract, outlined as follows:
A. Schedule 80 PVC pipe to be substituted for galvanized or 6ther m~ta[
or condensate piping.
B. Installation of an additional 20" Butterfly Valve with valve box in
the high service water main and constitutes a part of the yhrd piping at the
South ~Arater Plant.
Ii. WHEREAS the party of 'the SECOND part has agreed to furnish the addftional
items of work, and make substitutions as 'follows:
A. Change of material in condensate piping - See Attachments No. 1, 2
and 3. (Credit to Contract - $50.00)
B. F.urnish and install 20" Butterfly Valve and box - See Attachment No. 4.
(Addition to Contract - $1,826.18)
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III. THEREFORE, it is further agreed 0nd understo~)d by both parties
hereto t]]at the Contract shall be an]ended as follows:
Original Contract Amount $1', 825,000.00
Previous Deduction (Change Order
No. 1 dated June 14, 1971) - 8,000.00
Addition Change Order No. 2 dated
September 27,,1971 + 1,291.93
Addition This Change Order No. 3 + . .~,776.18
Adjusted Contract Amount $1,820,068.11
IV. It is further agreed and understood by both parties hereto that the
Contra'ct time will not be changed by this Change Order and this Change Order
shall not alter in any manner the force and effect of the original Contract date~t
the 30th day of March _ , 1971, and same shall stand in full force and
effect in all respects, except as amended bp' this agreement.
ATTEST: ,
t__~.~ Title ASSI$~h'.T SECR~-TA,gY ~~'~ ~/~'
Approved as to Correctness ~ AuthoriZed O~fi~ - t
and Form
~y~~~.' CI~ OF DEL~Y BEACH, FLO~DA
~ '~ity Attorney ~/'~'// /
: RECOMMENDED FOR APPROV~ Y &~<'
.t RUSSELL &-~ON City Manager
"' OO.A~LTING ENGINEERS, INC. /~ . . . ~ ~ .
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A(~RE]~IMJ~NT
1. PAR,TIES. The parties to this Agreement are:
o
a. CITY OF DEI~RAY BEACH, a municipal corporation of
Palm Beach County, Florida, hereinafter called the City; and
b ~LOi-IDA PALM ~RE COI{Y'., a ~ lor~.,,a c'orporatfon,
i'~reinafte~ calleJ the Corporation.
2. PURPOSE. In consideration of t~s agreement, the City agrees
extend its sewage collection system in accordance with the master plan of
providing sewer service to its inhabitants, as delineated in Ex,bit 1 appended
hereto and made a part hereof, to service the area therein described (the
"Service ~ea"). The Corporation agrees to advance to the City the cost of
c0nstructing said sewage collection system extension upon the terms and
conditions set forth in this agreement.
3. COVENANTS OF THE CITY. ~Phe City covenants and agrees
perform the following witt~n the times provided:
a. The City will have prepared plans and specifications 'for the
subject eonsiruciio~ by its consulting engineers, ~ussell' & ~on.
b. The City shall execute a eoniracl for the subject system at
a coniract price, in accordance with the plans and specifications descrfbed in
Paragraph 3 a. ~ove, subject to ihe Corporalion's paymeni per Paragraph
4a.
c. City sha~ execute a contract between the City and its
engineers providing for fixed or determinable fees for plans, specifications
and supervision of conslruction of whi'ch Corporation is to pay its pro rata
share at time of pa~ent in Paragraph 4 a. The pro rata share of engineering
costs is to be determined by the ratio between Corporation's pa~ent for the
extended system as 'determined in Paragraph 4 a. and the total contract let by
the City for the same construclion with portions having ~ncFeased capa&i~y.
d. City shall proceed with due diligence in the Construction of'
the projeel, and when the construction is complete, the City will certify
system for use witl~n the Service Area,
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e. City agrees to reimburse the Corporation in the followin~
al~aou nfs:
not more than 690
(1) The Corporation's pro rata share being/~¥~ of
difference between the contract price for the construction of a 14 inch forc~:
main on Lowson ]3oulcvard from Homewood t3oulevard to the terminal mahk~le
at the S.C'.L.I%.R. tracks, and the quoted price of an 8 inch force naain in,he
same location, and'
(2) The difference between the contract price for lh:e
enlire subject sewage system expansion (consisting of the 14 inch force rn~f~.~
on Lowson ]Boulevard, an 8 inch force main extending from the proposed li~.
station to the above 14 inch main, the cost of the lift station, and engineer~i.~j
not less than 728
costs) and ~he Corporation's pro rata share, said differencebeing/1418,
entire contract price, which money shall be considered an interest free logl
to the City by the Corporation.
f. City agrees to rein~burse the Corporation from the
. following sources and no other:
(1) The amount specified in 3 e (1) will b~ reimbu~'S~J
in annual pasnnents being 100% of the sewer connection fees received by th.~.~
City from the Corporation's development.
(2) The amount specified in 3 e (2)will be reimbursed:
by lump sum payments received from other developers as their pro 'rata s,lnare
of the entire contract for the sewage system expansion, at such time as th~x
shall desire to utilize such system. In addition to such lump sum payments,:
the City will annually reimburse the Corporation an amount equal to 50% of
the sewer service charges collected from the Corporation's subdivision, u~
the total reimbursement shall equal the original amount of the interest fre~.
loan specified in 3 e (2).
g. After completion and acceptance of the subject sewage
sysiem extension~ _the City at all times at its owr~ expense will operate and
maintain s~rne in good and serviceable condition.
4. COVENANTS OF THE COI~PORATION. The Corpoi'ation agrees
perform the following:
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a. Prior to sig~zing the consiruciion Contract for the subject
sewer system extension, ipc!uding 14 inch force ~nain, 8 inc]] fol~ce main, and
lift station, or for any pot'[ion of said contracl if such work is ])erfo~rned in:
ir~terim stages, the'Co~po~alion %vill advance io the City the amoun't of money
as determined b)~ the bids approved by City council pi.us the engineering fee as
stated itl Paragraph 3 c.
b. The Corporation will provide the necessary easement ove~
its property for the installation of the force main leading from the lift station
to Lo'~vson Boulevard, and upon acceptance of the work, will deed to the City
the p~operty containing the lift station.
· c. The reimburseable portion of the above described advance
shall be non-interest bearing, and shall be reimbursed as set out in Paragraph
3 e (1) and 3 e (2), and shall be disbursed by the City in accordance with the
payrnenl schedule of the contracts described in Paragraph 3 b., above.
5. GENEtlAL COVENANTS. The parties covenanl and agJee:
a. That time is of the essence in the performance of each,o;f
the covenants of this agreement.
b. Thai this agreement is binding on the successors and legal
representatives of lhe parties hereto.
c. That the Corporation, at all reasonable times, shall have
the right to enter upon the premises during the period of construction for the
purpose of making its o~*n inspection of the work for and on behalf of the
Corporation, and lo inspect the records of the City with respect lo the
matters set forth in Paragraph 3 f (1) and 3 f (2) above.
d. That this agreement constitutes the entire agreement
between the parties and no oral statements heretofore made by either party
or their agents shall be a part hereof.
e. The City reserves the right to issue·\Vater and Sewer
Revenue Bonds on the syste]n if City so elects.
f. That this agreement may be modified or changed only in
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writing and signed by the parties ]iereto.
6 t~I, t~ ~(.. 1 I~ ~ DAq .... This ag'reeinent shill be effective on
that it is signed by boih parties.
IN %~ IFNESS ,.~.~.~ ~, the parlies set their hands and seals.
/ ~'~ ~'~ B~ - ,~:. ~ "'" / '
M AY OR
...
Dated: ~<:~i~ .? ~'~ ~:~ _?.~_ ~:.. C-'5; /, / ~'
Attest:
FLORm~ALM ~RE.E ORP.
/
Attest:
Corporale Seal
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