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12-13-71 193 DECEMBER 13, 1971. A regular meeting of the City Council of the City of Delray Beach was held in the Council Ck~_~.be~~T~ ~'~ 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. M~rtin, James H. Scheif!ey, Leon M. Weekes and O. F. Youngblood being present. 1. The Opening Prayer was ~e!ivered by Rev. Roy Foward. 2. The Pledge of Allegiance to the Flag of the United States of Americ~ was given. 3. The minutes of the regular meeting of.November 22, 1971; the minu~es of the special meeting of November 24; and special meeting of December 8, 1971, as ~mended, were unanimously approved on motion by Mrs. Martin and seconded by Mr. Youngblood. 4. Mrs. Martin reported that she a~tended the dedication ceremony of the Spanish River Park Phase II at Boca Raton, which contains trails, bicycle paths, picnic tables, etc., at which dedication Congressman Paul G. Rogers was t~e speaker· She co~mmented on the beauty of the park and said that she hopes Delray Beach will be able to have a similar park in the future. Mrs. Martin said that while there she had an opportunity to speak with Congressman Rogers and County Com~aissioner Warren about the beach erosion situation and that Congressman Rogers said if the City would get busy, he would certainly see that it would obtain all the aid possible. ~ ~ Mrs. Martin also reported that while Senator Edward Gurney was here ].~st week, he inspected the beach and said that he would have his office contact the City Manager to see about giving aid to Delray _Beach for beach eros ion. Mrs Martin asked 'the ~' ~ · ~.]_ty Attorney, before the Legislature meets next spring, to invesiniga%e the possAbility of trying to get some' con- trol as to what can or can not be done on certain things in the City's Reserve Area. 4. Mr. Scheifley reported that he had received letters with the follow- ing requests and. asked that said requests be referred to the City Manager for investigation. !. In behalf of the 100 Members of the Lawn Bowling Club, Dr. Wm. H. Stu~, 34 S. E. 7th Avenue, requested that an awn- ing be installed over the lanes. . 2. Mr. Henry M. Harper, 1815 Palm Trail Plaza, said hhat the Delray Beach sign locate~ on the nor'~h side of ~he 8th Street ~-~ ' ~ ]o~. ~ge has not been painted for the last three years ._eqe~o~.~c., that same be done. 3. Mrs E~.c~e M. ~dichel, 100! N E 8th Avenue, ~-~ uest~-d sidewalk on 'k{. E . :3'Lb ~e'~-~..=.e~..,- for use o'~:_~ the residents i.n that area to wa]}' ~o ~-h~:' ~each Mr. Youngb].ood h]lan~-e~ the public for returning 'h~m [;0 the ~no~n~ ...... ve~?.rs with an overw]~elmLng and 4o~?o,,o v[ct. ory and that he hopes 'ho work harder than he did 't]~e lc. st 'term. 4, Ma,~or._~, . Saunders congratulated .... Mrs, Martin and ~.~,:_.~q, Youngblocd and Scheif].ey.. on beinq._ e!,e.c, ted as Colrncil Members and Mayor, ....... ,-o ..... pe.~tJ.vely, · -I- ~ ~ l ~ ---'~ 1 4. Mayor Saunders read a PROCLA/~ATION proclaiming Friday and Saturday, February 18 and 19, 1972 as POPPY DAYS for 'the purpose of soliciting funds by the American Legion Auxiliary Mi!i~on-Myers Unit No. 65. 5. Mr. Ernest Schier, ].01'7 Bay Street, referred to the erosion of the South part. of the public Beach and asked if it is possible to disconnect the Highland Beach Sanitary Sewer Line, which lies East of South Ocean Boulevard, in case it is washed out due to the Beach Erosion. He was informed by the City Manager that if this should happen, the sewer line could be disconnected. 6.a. Council unanimously approved the agreement with the National Insti- tute of Municipal Law Officers for the codification of the City's Code of Ordinances, the cost of same being $14,000, with $8,000 to be paid during this current fiscal year and the remaining amount of $6,000 to be paid during the 1972-73 fiscal year, on motion by Mr. Youngblood and seconded by Mr. Weekes. (Copy of said Agreement is attached to the official copy of these minutes. ) 6.b. This item regarding awarding of a contract for street improvement on N. E. 3rd Avenue, North of N. E. 22nd Street was deferred until a later date. 7.a. A request for rezoning of Lots 1 through 9, Block 15, OSCEOLA PARK from R1-A (Single Fam~.ly Dwelling District) to RM-1A (Multiple Family Dwelling District), submitted by Mrs. Caroyln A. T. Selover was unani- mously referred to the Planning and Zoning Board for study and recommenda- tion, on motion by Mrs. Martin and seconded by Mr. Scheifley. 7.b. The Mayor acknowledged receipt of the Beautification Conunittee Me~ting minutes dated November 10, 1971. 8.a. The City Manager presented RESOLUTION NO. 39-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE OPEN- ING, GPADiNG AND PAVING OF T~DAT PORTION OF N. E. 3RD AVENUE LYING NORTH OF No E. 22ND STREET, A DISTANCE OF 230 LINEAL FEET EXTEND- ING NORTH FROM THE SOUTH LINE OF LOT 3, BLOCK 7, SEACREST PARK SUBDIVISION AND TEPd4INATING IN A CI/L-DE-SAC. (Copy of Resolution No. 39-71 is attached %o the ©fficia! copy of these minutes.) See pages 198-A-B. Resolution No. 39-71 was unanimously passed and adopted on this first and final reading, on motion by ~.~_r~. Scheifley and seconded by Mr. Youngblood. 8.b. The City Manager presented RESOLUTION NO. 40--71. A RESOLU~PION OF ~HE CiTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING iTS AP'~ PRECIATtON TO ~HE FLORIDA DEPAR~fHENT OF TRANS'- PORTATION .FOR ITS CONSTRgCT.[ON OF A ROCK RUB- B,~E ~"~F~w~:~ IN DELliAY BEACW. (Copy of Reso].ution No. 40-.-71 is attached to the official copy of these minutes.) See page 198-C. Resolution No. 40-.71 was unanimous~.y passed and a~epted on ttzis first and. final zeadi'ag, on mo'ti.on by Mrs. Harti. n and seconded by Mr. Yeungblood. -2-~ !2-13-71 195 8.c. City Manager Mariott presented RESOLUTION NO. 41-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING AL1, SANI- TARY SEWERS iNSTALLED IN THE SUBDIVISION OF ROSEMONT GARDENS UNITS A AND B AS OPERATIONAL AND SETTING THE INITIPJ~ SCHEDULE OF RATES, FEES. AND OTHER CHARGES TO BE IMPOSED FOR THE SER- VICES A~ND FACILITIES FURNISHED BY SAID SANITARY S EWERS. (Copy of Resolution No. 41-71 is attached to the official copy of these minutes.) See page 198-D. Resolution No. 41-71 was unanimously passed and adopted on this first and final reading, on motion by Mr. Youngblood and seconded by Mrs. Martin. 8.d. The City Manager presented ORDINANCE NO. 42-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 24 TPAROUGH 28 INCLUSIVE, BLOCK 37, DEL-RATON PARK SUBDIVISION AND THAT PORTION OF THE NORTH 2 FEET OF AVENUE "C:' LY- ING ADJACENT TO SAID LOT 24; ALSO A PORTION OF FLORIDA BOULEVARD, WHICH LANDS ARE CONTIGUOUS TO EXISTING MU.'[ICIPAL LIMITS OF SAID CITY; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LANDS; AND PROVIDING FOR THE ZON- ING THEREOF. Ordinance No. 42-71 was unanimously placed on first reading, on tion by Mr. Scheifley and seconded by Mr. Youngblood. 9.a. Council was infozme~[ that %he Planning and Zoning Board recommended denial of the site plan submitted by Philip Patenaude for a 14-unit apart- ment building to be constructed on Lots 1 a.n~ 2 and the North 20.'5 feet of Lot 3, Block 75, 135 irough 143 N. E. 1st Avenue, which plan was dis- cussed at the November 29%h workshop meeting. During discussion Mrs. ~1artin pointed out that if this site plan for a 14-unit building is not approve~, 15 units could be bullt without approval of Council. Mr. Scheifley reporCed that he had attended the Planning and Zoning Board meeting when this site plan was consi~ered and some of the neigh- bors objected to it on the basis of %here having been three serlous ac- cidents on this corner, and a!tNough they did not. object to having some type of building like this, they did think t. he densiLy was too 'high. He said tha'L he does not feel this particular site plan would improve the quality of life i.n Delray Beach and is opposed to it. Mr. Weekes stated that the site plan was not turned down by the m~jority of the Planning anc~ Zoning Board but ra'hher by a majority of those present. [{e reihera%ed ~rs. Martin's comment that tNe cv.~'ner could build 15 units on Lh.e property without going 'to anyone .,for.app:ccval. The Site PI. an was approved, on mofiion by Mrs. Martin anti seconded by Mr. ~ee...e~.~ ~}-~'' Upon roll_ cai1, Mrs. Martin, Nc~ . Weekes, Mr. '?onngblood.. and Mayor Saunders voted in favor of tl~.e mo'hion, and Mr. Sc?~ei~Yley was eppo s e d. 9.b. Council unanimously ' ~"-~'~ s{~'e . "_. ap.F..ov..(, the .... plan submiLted 012' D~' Russell WrJ_ght, for construction of 186 apartments on a parcel of lan{] con,_az,,i.n9- e.[~pro~ci.mately g acres, being Lots 12 and 28; the North Nalf end the Nor ah Quarter of the South Half of Lots !3 and 29, ~lock 2, Ho{lei. Land -3-- Company Subdivision, Section 21-46-43; also that portion of the South Half of the Southwest Quarter of the Northeast Quarter of [;he Southwest Quarter of Section 21-46-43 located between South Federal Highway and the Intracoastal Waterway, adjacent to the South line of the Florida Inland Navigation Spoil Area No. 650, contingent upon the applicant fil- ing a Final Plat within one year, on motion by Mr. Youngblood and second- ed by Mr. Scheifley. 9.c. Council was informed that the Planning and Zoning Board unanimously reconm~ended approval of the site plan submitted by Albert Miller for 72 dwelling units to be constructed on the North side of Lowson Boulevard on all of that portion of the North 190 feet of the South Half o'f Sec- tion 19-46--43 lying West of the Lake Worth Drainage District E-4 Canal and East of the East right-of-way line of Homewood Boulevard as now laid out and in use, contingent upon the applicant filing a Final Plat with- in one year. Mr. Ron Uphoff, the Architect for this project, was present and ex- plained the plan. After general discussion, said site plan was unanimously approved, as recommended, on motion by Hr. Scheifley and seconded by Mr. Youngblood. 9.d. The Planning and Zoning Board's recommendation to approve the site plan submitted by William Donner for the construction of 322 dwelling units on a parcel of land containing approximately 33 acres lying in the Southwest Quarter of Section 19-46--43, with 1,330 foot frontage on Lowson Boulevard, with the applicant filing a Final Plat within six months was unanimously sustained, on motion by Mr. Weekes and seconded by Mr. Youngblood. The City Manager said this property is located on the South side of Lowson Boulevard, East of Sherwood Park Subdivision and West of the Palm Aire Corporation development, and the reason the applicant must file a Final Plat within six months is because the Planning and Zoning Board fee]_s the six-month time limit is needed on this site plan 'to assure the joint construction of extending Homewood Boulevard to serve this development and the Palm Aire Development. Both developers are aware of this. 9.eo Council was informed that a request has been received from the Detray Beach Public Library Association, Inc., for perm_%ssion to solicit funds by mail within the City from March 1 through 15, 1972 and %hat the Solicitations Co~ittee recommends approval of t'he request. The request for solicitation of funds was un~nimous!y approved, as recoramended, on motion by Mr. Scheifley and seconded by Mr. ¥oungblood. !0.a. The City Manager reported that on August 10, 1970, Council passed Resolution No. 45-70 approving a Flood Insurance Program for [he City and since that time, the City has been informed by Federal Authorit'i. es that there are several other things the City needs to do in order ~o retain Flood Insurance Certification. He s~id that ~uring his recent trip to HUD on ~ ~ifferent matter, the subject of flood insurance was brought up, which appears %o be a rat]~er b~g tt].~.ng w~th 'Lhe Federal Government. Ite was informed by the Ci'ty~s Insurance Agen~.s that a number of people have purchased flood insurance since the city 'Look the action that m~de the flood insurance available to them. The City Manager sai(~ that the administration wondered whe'hher or not the effort that t:~e Ci-~y should take would be necessary to keep the Cit:y qualified in thins area and afb:er considerable ~.scussJon, fin. ally concluded that ih wou].d be neces- sary e~ ]eAst at khis '~i.me 'ko pess Ordi.nence No. 43-71, Which would keep the City ce}.'qif{.ed as far as the Fiood I~surence Program i.s concerned an~]. lie recommended that Ordinance No. 43---71 be adopted. The City Manager presented ORDINANCE NO~. 43~.7i.. --4-- 12-13-71 AN ORDINANCE OF ~I]'~E CITY COUNCIL OF THE CITY OF DELP, AY BEACH, FLORIDA, ADOPTING TIlE FED- ERAL INSURANCE ADMINISTILATION FLOOD HAZARD BOUNDARY ~9APS, AND PROVIDING CERTAIN REGULA- TIONS PERTAINING TO LAND USE iN THE AREAS DESIGNATED TNEREON. Mr. Weekes said that he would not object to placing the Ordinance on first reading but that he would like to discuss it at a workshop meeting before it is passed an~ adopte~ on second reading at the next meeting. Ordinance No. 43-71 was unanimously placed on first re~.ding, on motion by Mr. Youngblood and seconded by Mr. Weekes. 10.a. The City M~nager informed Council that the city had requested from the Bargas Development Corporation, a util/ty easement 20 feet in width covering the location of existing sanitary sewer gravity collec- tion system an~ 6-~nch water distribution main, and that the Bargas Corporation had provided that Easement Deed, description of which [s as follows, at no cost to the City. "A strip of land 20 feet in width in T~CT 2, TROPIC TOWERS according to the plat thereof recorded in Plat Eook 29, Page 9 of the Public Records of Palm Beach County, Florida, lying 10.00 feet on either side of the following described center- line: Co~mmence at the point of intersection of the westerly bound- ary of said TRACT 2 said wester].y boundary being the arc of a curve concave to the west having a radius of 550.00 feet, with the intersection of a line that is 311.00 feet north of, ' ' and parallel to *the southern boundary of sald T~%CT 2; *thence run east on a line that is 311.00 feet north of and parallel to the sou~ boundary' of said TRACT 2 to the point of inter- section with h line that is 283.00 feet west of and parallel to the easterly boundary of said TRACT 2; %.hence run north 10° 06' 52" east 4L5.00 feet along the line that is 283.*00 feet west of and parallel %o the east boundary of said TRACT 2 to the point of termlnation of the :~bcve described center- 1 ine." Acceptance of said Easement Deed, and approval for recording of s~e was unanimously approved, as reco]renended by the City Manager, on motion by Mrs. Martin and seconded by ~ Scheif]ey. 10.a.. Rev. Se~m~ie Taylor presented the Mayor and Members of Council with a letter da*ted December 8, 1971, from the Comm,~nity School Council, sign- ed by Atford Straghn and John Ho!loway, Co-Chairmen, and asked that ~ workshop meeting be scheduled to discuss this matter, and that he and the ~o-Chairmen be notified of the date and time of said workshop meeting. 10.a. Regarding the Bills for Approval, Mr. Scheifley moved that payment of sai~ bi].ls be approved, the motion being seconded by Hr. Youngblood. During disc~*~ssi, on Hrs. M~rCin objec'~ed to -the p~lyment of Invoice No~ 10890 to Bens,on Superior Building [qaintenance in the amo't~nt of $1,065., and also qo tl~e pa}men% o{ Invoice No. 10972 %o Hrs. Paula S'heier, Personnel Clerk ef k'he C'~[~y, in 'bPoe amount of $66.00, w%nich covers the cost of tuition for college courses. Mrs. Martin. s;tid she does not feel ~hese coln:ses are relaX:ed 'to her job and it would be sebring a p~'ecedent if this bii1 is paid by 'k'he City. Poi)owing discussion Hr. ScheifJ. ey amended his mohion ho approve payment of the ~.ills with the excephion off Invoice Number 10972 wi.[:h tzhe unmerstanazng that the City Manager will investigate the validity of it and if it is OK, make a recommendation at the next meeting. Mr. Youhgblood accepted the amendment to the motion ~hich carried unanimously. General Fund $258,779.06 Water Operating & ~qaintenance Fund 7,577.40 Improven]ent Fund 95,280.00 Utilities Tax Certificates-Principal & Ipterest Redemption Fund --~fater & Sewer Fund 16,380.00 Interest & Sinking Fund, Water & Sewer Revenue Bonds, Series 1961 92,743.75 Utilities Tax Certificates-Principal & Interest Redemption Fund, Utilties Tax Fund 18,642.50 Utilities Tax Revenue Fund 5,440.00 Capital Improvements Construction Trust Fund 4,577.54 Cigarette Tax Fund 10,047.72 ~£he meeting a~tjourned at 8:25 P.M. HALLIE E. YATES City Clerk APPROVED: MAYOR -6- 12-13-71 m mm mmm RESOLUTION NO. 39-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~OF.DELRAY BEACH, FLORIDA, ORDERING THE OPEN-~ ING, GRADING AND PAVING OF THAT PORTION OF N. E. 3RD AVENUE LYING NORTH OF N. E. 22ND STREET, A DISTANCE OF 230 LINEAL FEET EXTEND- ING NORTH FROM.THE SOUTH LINE OF LOT 3, BLOCK 7, SEACREST PARK SUBDIVISION AND TERMINATING IN A CUL-DE-SAC. WHEREAS, the City Council of the City of Delray Beach, Florida, did, on the 9th day of August, 1971, adopt Resolution No. 27-71, or- dering the City Manager to prepare plans and specifications, togeth- with estimate of cost of opening, grading and paving of that portion of N. E. 3rd Avenue lying North of N. E. 22nd Street, a distance of 230 lineal feet extending North from the South line of Lot 3, Block 7, Seacrest Park Subdivision to a width of 24 feet and terminating in a 60-foot diameter cul-de-sac, and requiring said plans, specifi- cations and estimate of cost of such improvement to be placed on file in the office of the City Manager, and WHEREAS, the City Council deems it to be necessary for the safe- ty and convenience of the public to open, grade and pave said street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that it is determined to make the follow- ing described improvement, to-wit: To open, grade and pave that portion of N. E. 3rd Avenue · lying North of N. E. 22nd Street, a distance of 230 lineal feet extending North from the South line of Lot 3, Block 7, Seacrest Park Subdivision to a width of 24 feet and termi- nating in a 60-foot cul-de-sac, the total cost as estimated for such improvement being $4,000. BE IT FURTHER RESOLVED that the entire cost of such improvement shall be sha~ed by the City of Delr~y Beach, Florida, and the follow- ing described properties in Delray Beach, Palm Beach County, Florida, on a basis of the City of Delray Beach paying twenty (20) per cent of the cost of said improvement and the abutting property owners, said properties shown below, paying eighty (80) per cent of said total cost, by special assessment. PROPERTY DESCRIPTION SUBDIVIS ION BLOCK LOT SEACREST PARK " " 7 1 " " 7 2 " " 7 3 " " 11 North Half of 12 " " 11 15 " " 11 14 " " 11 15 said benefits to be determined and prorated according to the front footage of the respective properties as set forth immediately above. Page 2. Resolution No. 39-71. BE IT FURTHER RESOLVED that said special assessments against all the parcels of lands as set forth above which are specially benefited., shall be and remain liens superior in dignity to all Other liens, ex- cept liens' for taxes, until paid, from the date of the assessment, upon the respective lots and parcels of land assessed, and which shall bear interest at the rate of eight (8) per cent per annum, and which may be paid in three (3) equal yearly installments with accrued interest on all deferred payments. Payment shall be made to the City of Delray Beach, Florida, at the office of the City Tax Collector, and upon fail- ure of any property owner to pay the annual installment due, or any ~ annual interest upon deferred payments, the City of Delray Beach may 1 bring necessary legal proceedings by a Bill in Chancery to enforce payment thereof with all accrued interest, together with all legal costs incurred, including a reasonable attorney's fee. The total amount of any lien may be paid in full at any time with interest from the date of assessment. IT IS ORDERED that the City Council shall sit at the City Hall in the City of Delray Beach, Florida, at 7:30 P.M., on the 27th day of December, 1971, for the purpose of hearing objections, if any, on said proposed improvement, as set forth above. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 13th daY of December, 1971. MAYOR ATTEST: RESOLUTION NO. 40-71. A RESQLUTION OF THE CITY CouNcIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESS- ING ITS APPRECIATION T° THE FLORIDA DE- PARTMENT OF TRANSPORTATION FOR ITS CON- STRUCTION OF ~ ROCK RUBBLE REVETMENT IN DELRAY BEACH. WHEREAS, in the fall of 1970, the Fourth District of the Florida Department of Transportation was contacted concerning the erosion of the shoreline and the imminent loss of State Highway A1A and upland property in Delray Beach; and 'WHEREAS, the Florida Department of Transportation immedi- ately recognized the danger to State Highway A1A and the need for its preservation at the present location; and WHEREAS, the Florida Department of Transportation, through its Fourth District, immediately moved into action d~awing spec- ifications, obtaining bids, awarding a contract and completing construction of the revetment in November of 1971, including re- pairs to State Highway A1A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, that: 1. The City of Delray Beach is deeply appreciative of the .prompt and substantial action taken by the Florida Department of Transportat.ion,. and in particular the Fourth District, in pre- serving State Highway A1A in its present loca.tion and giving ad- ditional protectidn to other upland property in Delray Beach, Florida. 2. The City Clerk send copies of this resolution to the Florida Department of Transportation in Tallahassee and to the Fourth District of the Florida Department of Transportation in Fort Lauderdale. PASSED. AND ADOPTED in regular session On this the 13th day of December, 1971. '-''MAYOR ATTEST: city C ler~/ ~98'D RESOLUTION NO. 41-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY SEWERS INSTALLED IN THE SUBDIVISION OF ROSEMONT GARDENS UNITS A AND B AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACIL- ITIES FURNISHED BY SAID SANITARY SEWERS. WHEREAS, the City Engineer has certified as operational all Sani- tary Sewers and related facilities as shown on the Preliminary Plat of Rosemont Gardens Units A and B as presented by the developer, Irving Stuart, Inc., and previously approved by the City of Delray Beach, and WHEREAS, it is deemed to be in the best interest of the affected properties that the initial schedule of rates, fees and other charges to be imposed for the services and facilities furnished by the Sewer System, as set fbrth and contained in Resolution No. 1359. and in Arti- cle III, Sanitary Sewerage,Chapter 27 of the Code of Ordinances of' the City, to become effective the first day of January, 1972. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That all Sanitary Sewers and related facilities installed in the Subdivision of Rosemont Gardens Units A and B are hereby accepted by the City as being operational and the initial schedule of rates, fees and 6ther charges previously established, and applicable theretO, shall become effective January~l, 1972. 2. That nothing herein contained shall be construed as discharg- ing the developer from the strict performance of his remaining con- tractual duties. That the developer and his bond remain responsible in all respects until released in accordance withhis a'greeemnts with the City. PASSED AND ADOPTED in regular session on this the 13th day of December, 1971. '~"M' A "Y 0 R 3 ATTEST: Clerk/ 198-E AGREEMENT THIS AGREEMENT, made and entered into this' 22nd day of' D~c~mb~r , 1971, by and between the City. of Delra~ Beach, a municipal corporation in the State of Florida, hereinafter referred to as the "City", and the NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERS, hereinafter referred to as "NIMLO". NOW THEREFORE, IN CONSIDERATION of the following mutual covenants, promises and conditions, the City and NIMLO agree as follows: SECTION A.: NIMLO shall do or cause to be done the following under the direction and supervision of the designated agent for the City of Delray Beach: 1. Codify the ordinances of a general and permanent nature excluding uniform technical codes, which the City ~ay have adopted NIMLO will insert into proper places in the original ordinances all amendments thereto and will delete from the original ordinance: all provisions that.have been repealed. Thus, each ordinance will reflect the last word of the governing body in that particula instance. 2. Suggest, where it deems appropriate, revisions, and rewriting of existing ordinances in order that the provisions of the new Code will be expressed in the language which is concise, uniform, clear and necessary for consistent phraselogy. · 3. Eliminate from the codification all repealed, out-moded conflicting and redundant provisions; provided, however, before any repealed, out-moded,ccn~licti~ or redundant provisions will be eliminated, such provisions shall be brought to the attention i98-F' -2- of the agent of the City, hereinafter referred to as "Counsel", together with the explanations therefore and a request for a ruling thereon by Counsel. 4. Submit to the City for consideration, any additional ordinances or code provisions, which NIMLO, in light of its' research, believes the City should consider for inclusion in the new Code. 5. The ordinances will be checked against the correspon~ provisions of the general and special acts of the State relating to the City and against the decisions of the Supreme Court of the State to eliminate conflicts and assure validity and-constitu- tionality. NIMLO will inform Counsel of all changes necessitated by such research. 6. Prepare catch-lines to reflect contents of individual sections of the Code and to conform to the method and language of codification. 7. Prepare a table of contents for the entire Code and for each individual chapter of the Code. 8.. Prepare cross references of related sections of the Code. 9. Prepare comprehensive index to the entire Cod~. 10. Prepare legislative history notes for each section the new Code, which notes shall include references to the ordina from which the section is derived. 11. During the course of the codification, confer with Counsei as to matters relatig~ to the codification. 12. When. editorially completed, notify Counsel and send the -3- 198-G Code manuscript or parts thereof for review and approval by Counsel. 13. After review and approval by Counsel, put in final form the Code manuscript so as to include all changes that have been agreed upon by NIMLO and Counsel. SECTION B.: The City agrees to pay the following for the work provided for in Section A.: 1. The sum of Fourteen Thousand Dollars(S14,000.00) for Two hundred(200) copies of one(l) Code, including charter, numbering Six hundred (600) pages in length, including cover page, preface, tables of contents, index, and all other pages making up the final Code, with an additional charge per page of Twenty Dollars ($20.00) for all pages over Six hundred (600) and a deduc- tion of Twenty Dollars ($20.00) per page for'all pages under Six hundred (600). 2. The foregoing charges shall include the loose-leaf binders in the number Two Hundred (200), and in the format as customarily provided byi~iNIM~LO~in~all~¢6dif~t~io~s. SECTION C.: The City.agrees to make payment of the sum provided for herein as follows: 1. Four Thousand Dollars ($4,000.00) of the above sum within thirty (30) days from the signing of this agreement; Four Thousand Dollars ($4,000.00) upon approval of the Code draft by Counsel; 'and the balance of Six Thousand Dollars ($6,000.00) On November 1, 1972. -4- IN WITNESS WHEREOF, this Agreement is entered into in duplicate on the date first above written. NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERS