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12-27-71 199 DECEMBER 27, 1971. A regular meeting of the City Council of the city of Delray Beach was held in the Council Chambers at 7:30 P.M., with Mayor J. L. Saunders in the chair, city Manager J. Eldon Mariott, city Attorney G. Robert Fellows and Council Members Grace S. Martin, James H. Scheifley, Leon M. Weekes and O. F. Youngblood being present. 1. The Opening Prayer was delivered by Rev. R. David Mikell. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of December 13, 1971 were unanimous- ly approved on motion by Mrs. Martin and seconded by Mr. Weekes. 4. Mrs. Martin reported that Mrs. Little, a member of the Beautification Committee, who donated plants for the inside of City Hall, informed her that one of these plants has been broken and not replaced. Mrs. Martin re_quested that the plant be replaced by the city. This was referred to the City Manager. Mayor Saunders asked if a letter of appreciation for the donation of the plants had been written to Mrs. Little, and the City Manager replied that he had written one some time ago. 4. Mrs. Martin reported that she had received several complaints on noise and the use of profane language at the Sky-Sea Lounge, 6 South Ocean Boulevard. Also, she was informed by one of the complainants that Police officers had told him that there is no law covering such a situation. Mrs.Martin said she feels that Section 17-11, chapter 17, Offenses, of the. Code of Ordinances would apply. This matter was referred to the City _~anager for investigation. 4. Mrs. Martin asked the city Manager what is being done about the beach erosion problem. The City Manager reported that the City is now engaged in salvaging %he force main sewage pipe from Highland Beach, together with other sal- vable items along the beach. He said he had been ~n contact with Depart- ment of Transportation officials, and that that department now has a total of six trucks hauling and dumping fill material on the beach, at the south end and also north of the waffle revetment. He said that he considers the area immediately south of 'the rock rubble revetment as critical, and it is the city's plan to put some large boulders and sand at that location. The City Manager said that he is scheudled' to meet with the DOT of- ficials tomorrow, and possibly with the County Engineer, to discuss what the i~ediate outlook is as far as DOT participation is concerned. The City Manager reported that since the sto.~a is over, quite a lot of sand is being recovered South of Atlantic Avenue. ~-. In behalf of Mrs. Wm. E. Phillips, 115 N. W. 6th Avenue, and a group of other citizens whose homes have been broken into in the Western Sector, Fir. ¥oung~Dlood explained to Council what had happened to Mrs. Phillips and asked why the police Department is unable to apprehend the people responsible for the breaking and entering. ~he City Manager suggested that Mr. ¥oungblood obtain a copy of the actions that have been taken by the Police Department during the past month or year, showing the percentage of cases that have come to their at- tention that they have resolved or that have been cleared by arrest and later through the courts. ~ 5. In behalf of Mrs. M. ~£. Keed, 802 N. E. 1st Court, Mrs. Dorothea Montgomery asked that a .street light be installed on this street and in- formed Council that Mrs. Eeed has offered to give the City the easement, if needed, for the installation of such a street light. This m~tter was referred to the city Manager for investigation. -].- 12-27-71 Mrs. Montgomery commended the Council, City Manager, Mayor Saunders, the Police and Fire Departments for all they have done in the past .year. 5. Mr. J. Watson Dunbar representing the Beach Property Owners' Associa- tion, Inc., said that the Executive Committee has asked him to discuss with Council the problem of the noise disturbance on Thursday through Sunday evenings at the Sky-Sea Lounge, 6 South Ocean Boulevard, from 12:00 A.M. to 4:00 A.M., with a mass of cars, motorcycles and shouting youths on Ocean Boulevard. Mayor Saunders asked that this matter be discussed at a workshop meeting. Mr. Dunbar commended Mayor Saunders and wished him a pleasent, prosperous future. 5. Regarding the beach erosion, Mr. Joseph Buehler of John's Beach Ser- vice suggested that a drag line be used to build up the beach instead of having the Department of Transportation dumping fill material. He also asked for more police protection on the beach to prevent vandalism by teenagers on Ocean Boulevard, and he pointed out that Delray's beach is the only one in this area that is not secured at night. He commended Mayor Saunders and also spoke favorably of Mayor-Elect Scheifley. The City Manager reported that Deerfield Beach has built up sand on its beach in three ways: (1) drag line; (2) bulldozing at low tide; and (3) natural build up due to the construction of rock rubble mounds and groins. Now, however, due to more stringent State laws, beach nourish- ment by drag line and bulldozer is not permitted. The State now does not permit bringing sand from inside the littoral drift line as the beaches would receive a certain amount of nourishment from that sand. After get- ting beyond the littoral drift line and securing the proper permits, sand can be brought in and that is one reason the off-shore dredging is becoming more popular now. Mr. Weekes asked what.the city's chances are of securing permission from the State to do this on some kind of emergency basis. The city Manager said that he would like to discuss this further in ~bout a week. Mrs. Dorothea Montgomery said there should be an Ordinance, unless it had been rescinded, stating that after 11:00 P.M., the Beach should be quiet and no one on it. The city A. ttorney was asked to check into this matter. Mr. Ernest Schier, 1017 Bay Street, referred to the Sand Transfer ~lant at Boynton Inlet and asked if there is any way for the City to get ~ome of that sand for this beach. Mayor Saunders reported that tt~e city went to the Governor and the Florida Conservation Department in Tallahassee several years ago 'and 'thought that the Sand ~ransfer Plant would be placed so the City would get some benefit from it but that had not been done. Mr. Dunbar asked if the City would put enough pressure on the Governo~ ~nd others, that the sand transfer plant could be placed to benefit the beach to the South of it. · ~. Mr. Scheifley said that the various observations and comments about the Police Department were most interesting and he pointed out that there are many who are for more policemen, patrol cars, etc., and a lot of ~>eople feel that the polic~ protection is not ad. equate, but that he personally thinks that with the resources and man power, the Police Depart- ment is doing an excellent job. 6.a. city Manager Mariott reported that Council, at its December 20th %~orkshop meeting, discussed the extension of the contract to Southern -2- 12-27-71 Sanitation Services, Inc., for the collection and disposal of refuse from October 31, 1972 to October 31, 1973. He further reported that the City's present contract with .Southern Sanitation Services, Inc., gives the City an option to extend the contract for a period of one year if such notifica- tion is given to Southern Sanitation Services, Inc., prior to September 1, 1972 and recommended that the extension of said agreement be approved. Extension of said Agreement with Southern Sanitation Services, Inc., for one year was unanimously approved, as recommended, on motion by Mr. Youngblood and seconded by Mr. Weekes. (Copy of said~Agreement is attach- ed to the official copy of these minutes.) See pages 208-A-B. 6.b. Regarding an access route to the refuse transfer station site, the City Manager reported that the city and Florida East Coast Railroad Com- pany have an agreement of long standing that permits the railroad cross- ing to exist at the location that serves the Transfer Station site and largely because of a recent train-truck accident at this intersection, the FEC Railroad has chosen to exercise its option with the City that is set forth in the Agreement to either require full signalization at this intersection or to require the City to provide an alternate route to that site and close that crossing. The city Manager said the city has an Agreement with Southern Sanita- tion Services, Inc., that makes that firm partially responsible for pro- viding an alternate route should one be needed. He said it would cost $28,000 to $30,000 to signalize the crossing and it would be much cheaper and safer for everybody concerned to close the crossing and provide an alternate access route into the Transfer Station site by way of S. W. 4th Avenue, south from S. W. 12th Street. The city Manager recommended approval of the paving to standard street specifications of ~S. W. 4th Avenue between S. W. 12th Street and the Northwest corner of the City property on which the transfer station is located and the paving of a driveway from the Northwest corner of the City property to the transfer station with a contribution in the amount of $5,500.00 to the city by Southern Sanitation Services, Inc., as that firm's share of the construction cost of this project. Mrs. Martin moved to approve the paving to. standard street specifi- cations of S. Wo 4th Avenue between S. W. 12th Street and the Northwest corner of the city property and also the paving of a driveway from the Northwest corner of the City property to the Transfer Station, with a contribution in the amount of $5,500.00 to be made to the City by Southern Sanitation Services, Inc. ~he motion was seconded by Mr. Scheifl~y. Following a question by Mrs. Martin, city _Manager Mariott said that the rights-of-way from S. W. 12th Street to the Northwest corner of the City property on S. W. 4th Avenue will be secured prior to paving of the street. The city ~lanager informed Council that Sou'thern Sanitation Service Inc., have ag~reed to pay half the cost of constructing said street and driveway and the $5,500. is just an estimated figure. Mrs. Martin amend- ed her motion to read ". o.with a contribution of an estimated amount of ,$5,500. to be made to the City by Southern Sanitation Service, Inc." The amendzaent was acceptecl by Mr. Scheifley and the motion carried unani- mously. 6.Co Council was informed that the follo~ing bids were received for providing janitorial services for city Hall: BIDDER B ID Benson's Superior Building Maintenance .~1,065.00 per month The Charman $1,206.50 per month The city ~;]anag~r recommended that a contract for janitorial services be awarded -to t~e low bidder, Benson's Superior Building Maintenance in -3- 12-27-71 the amount of $1,065.00 permonth, for a period of one year with each party having the option to cancel upon 15 days written notice. ~ After general discussion, a contract for janitorial services for City Hall was unanimously awarded to Benson's Superior Maintenance in the amount of $1,065.00 per month, as recommended, on motion by Mr. Youngblood and sec- onded by Mr. Scheifley. 7.a. Council unanimously referred to the Planning and Zoning Board for study and recon~nendation a communication from Mr. Edward H. Bogen, President of International Investment Corporation, Pompano Beach, requesting the city to approve his proposed plan with regard to right-of-way abandonment and resulting related actions in Tropic Palms Subdivision, as recommended, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 7.b. Council unanimously referred to the Planning and Zoning Board for ~ study and recommendation a petition received from Willard J. Madigan, owner, requesting annexation in C-2 (General Commercial District) of ap- proximately 8 acres lying in part of Lot 20, Block 1, as shown on the Plat of DELRAY SHORES, located on the West side of Congress Avenue and South of Lake Ida Road, on motion by Mr. Weekes and seconded by Mrs. Martin. Roy M. Simon, Architect, was present and in behalf of the petitioner, explaine~d the petition. 7.c. The city Manager reported that Russell & Axon, Consulting Engineers, recommend approval of the Supplemental Agreement No. 1, Change Order in connection with the Paul N. Howard Company's contract for installation of a water main and a sewage force main to serve Bati-Service, .High Point and nearby areas. Further, if said Agreement is approved, $1,182.20 would be added to the original contract price of $226,907.65, thus making the new contract price of. $228,089.85. Supplemental Agreement No. 1, Change Order, was unanimously approved, as recommended, on motion by Mro Weekes and seconded by Mr. Youngblood. (Copy of Supplemental Agreement No. 1, Change Order is attached to the official copy of tl%ese minutes.) See pages 208-C-K. Regarding the closing out of the Paul N. Howard contract, the city Manager reported that he had received a communication from Russell & Axon dated December 27, 1971, recommending approval of making the final payment to the Contractor in the amount of $24,287.63, which, when added to the payments that have already been made, would result in the total payment to the contractor in the amount of $228,089.85; Final Estimate Reconcilia- tion Agreement; and of an Affidavit of Release of Lien. The closing out of the Paul No Howard contract for water main and sewage force main construction to serve Bati-Service, High Point and near- by areas was unanimously approved, as outlined by the city Manager, on motion by Mr. Youngblood and seconded by Mr. Weekes. -- 8.a. The city Manager presented ORDINk.~CE NO. 36-71. · AN ORDINANCE OF THE CITY COLT~CIL OF TI~E CITY OF DELRAY BEACH, FLORIDA, GRANTING A F!L~N~{t~E TO TELEPROMPTER FLORIDA CATV CORPORATION ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAINTAIN A CO~L~UNiTY ANTENI~IA TELEVISION SYSTEM IN T~tE CITY; SETTING FORTH CO/~DiTIONS ACCOMPANY- ING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND USE OF TI~E CO[[Vn%~tUNITY ANTElqNA TELEVISION SYSTEM; AND PRESCRIBING PENALTIES FOR VIOLA~i~ION OF THE FRANCHISE PRO- VISIONS; 5EPEALING ALL ORiOINANCiES OR PARTS OF ORDINANCES iN CONPLICT HEREWIqK-{, PROVIDING AN EFFECTIVE DATE; A~D FOR OTHER PURPOSES. Ordinance No. 36-71 was unanimcusly placed on first reading, on motion by Mrs. ~artin and seconded by Mr. Scheifley. -4-- 12-27-71 8.b. City Manager Mariott 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 THROUGH 28 INCLUSIVE, BLOCK 37, DEL-RATON PARK SUBDIVISION AND TI~AT PORTION OF 'l~qE NORTH 2 FEET OF AVE- NUE "C" LYING ADJACENT TO SAID LOT 24; ALSO A PORTION OF FLORIDA BOULEVARD, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING Tt{E BOUNDARIES OF SAiD CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 42-71 is attached to the official copy of these minutes.) See pages 208-L-M. 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. 42-71, said Ordinance was unanimously passed and adopted on this second and final reading, on mo- tion by Mr. Scheifley and seconded by Mr. Youngblood. 8.c. The city Manager presented ORDINANCE NO. 43-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE FEDEiLAL INSUP~ANCE ADMINIS- TRATION FLOOD HAZARD BOUNDARY MAPS, AND PROVIDING CERTAIN REGULATIONS PERTAINING TO LAND USE IN THE AREAS DESIGNATED THEREON. (Copy of Ordinance No. 43-71 is attached to the official copy of these minutes.) See pages 208~-N-~. 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 Bee,ch, was held, and there being no objection to Ordinance No. 43-71, said Ordinance was unanimously passed and adopted on this second and final lng, on motion by Mr. Youngblood and seconded by Mr. Weekes. 8.d. City Manager Mariott presented RESOLUTION NO. 42-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY" OF DELRAY BEACH, FLORIDA, AUTHORIZI~TG THE CI'i~' ~A~rAGER TO PROCEED WI?H THE OPENING, GRADING AND PAVING OF T~LAT PORTION OF N. E. 3RD AVENUE LYING i~ORTH OF N. E. 22ND STREET, A DIS- TANCE OF 230 LINEAL FEET EXTENDING NORTH FROM THE SOUTH LINE OF LOT 3, BLOCK 7, SEACREST PARK SUBDIVISION AND TEP~INATING IN A CUL-DE-SAC. The City Manager reported that there were three actions contemplated on 'this item when the preface to the Agenda was written, one being the hold- ing of a public hearing concerning this street improvement, followed by the adoption of this Resolution; secondly, the acceptance of two easement deeds that would be needed before the project was completed, and the awarding of a contract for said improvement. The city Manager said he had been contacted 'today by one of the major land o~ers that would be assessed £or the improvement who asked to be given an opportunity to attempt to have this street improvement done at a more economical figure than the City had received. The City Manager recommended that Council merely hold a public testing as se~ out in Resolution No. 39-71, passed and adopted on Decem]~er 13th, and at a later date, if the o~er cannot get the street improvement done more economically, Council can then adopt Resolution No. 42-71, award a contract for the street improvement, and accept t]'~e deeds. The City Attorney agreed with the city Manager's suggestion and a public hearing was held as set out in Resolution No. 39--71, and no one appeared to object to said street improvement. -5- 12-27-71 8.e. The City Manager presented RESOLUTION N0. 43-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELi~AY BEACH, FLORIDA, AUTltORIZING ~{E PURCtLASE OF A TRASH LOADING ~LACHINE WITHOUT COMPETITIVE BIDDING. (Copy of Resolution No. 43-71 is attached to the official copy of these minutes.) See page 208-Q. Resolution No. 43-71 was unanimously passed and adopted on this first and final reading, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 9.a The city Manager reported that Council received a communication dated December 8, 1971, from the Community School Council, at its December 13th regular meeting requesting the city to take certain steps in conjunction with the Sheriff's Department with respect to providing additional law enforcer-~t at the campus of Atlantic High School located in the unincorporated area ¢ the County between Delray Beach and Boynton Beach. He said this request ] been discussed at a workshop meeting on December 20th, and there had also been conversations with the Sheriff, the city's Police chief, city Attorney and members of the Sheriff's Department. Further, in conversation today, the following is the position taken by the Sheriff. 1. He doesn't consider there to be anymore of a law enforcement problem at the Atlantic School campus than in the other areas of the County. 2. That he considers his Department would be able to respond to the campus as quickly as the City Police Department could. 3. That he is willing to deputize members of the Delray Police Department provided the Hold-Harmless Agreement is signed, which he said he has been willing to do for the last five years or so. The city Manager said the Sheriff suggested that the city follow one of two courses; the third item just listed, or to meet with the city and at%erupt to work out ~ solution. ' The city Attorney explained there is a difference in being deputized as a Special or Regular Deputy, and that a Special Deputy is limited in his use and functJ, ons. Following lengthy general discussion concerning this item being re- solved before January 3, !972; insurance and bond coverage; Police chief Croft's recommendation; and a meeting of the Sheriff and Attorney with the city Manager and city Attorney, Mr. Weekes moved that the city Manager and city Attorney, and whoever the city Manager designates to represent the city, be authorized to meet with the Sheriff and his representatives to see if these details can be worked out and a report to Council of the results of that meeting. The mo%ion was seconded by Mr. Youngblood and carried unani- mous ly. The city Manager said if Council is agreeable to entering into this arrangement and if it is determined that the City Police should be deputized and the sheriff is willing to deputize them, the city should secure liabi~it~ insurance coverage and bonding of the men, and asked about approval of ex penditure of those funds. Mr. Scheifley said that he 'thought it had been agreed at the worksho meeting that rather than accept the figures quoted, Mr. Weeks said he tho ~the City might ge-h special rates for six months as this school term wou].d in june. 9.b. Council was informed that the Planning and zoning Board at ihs Decembe~ .21st meeting unanimously reconunended approval of a req%{~st from Nelson E. Coons-for annexation of a parcel of land containing 353 acres lying in Sec- tions-13 and 24-46-42, located South of Atlantic Avenue, East of Military !Frail and ~lorth of Sherwood Park Subdivision, subject to P~[-!A Multiple Family Dwellinq Districi~ contingent upon receipt by nh. city of a "letter of inten%" and the suDm3~.on of the Final Plat for the first section within one year. The city Manager reL~orted that Ordinance No. 44-71 providing for said annexation has ~=~e=n prepared if Council. wishes to place the ordinance on first reading. Attorney John Ross Adams, representing the owner, was present and asked that Council place Ordinance No. 44-71 on first reading, and after the planning and Zoning Board had considered the site plan of parcel 1 at its January 18th meeting, then the site plan and second reading of Ordi- nance No. 44-71 could be considered at the same meeting on January 24, 1972. ORDINANCE NO. 44-71. AN ORDINANCE OF 5~LE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTIONS 13 and 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, 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 ~/{E ZONING THEREOF. Ordinance No. 44-71 was unanimously placed on first reading, on motion by Mr. Youngblood and seconded by Mr. Weekes. 10.a. city Manager Mariott introduced Mr. Frank Brutt, Director of the Palm Beach Coun~ty Area Planning Board. He reported that Mr. Brutt would like to talk with Council regarding the action taken by the city in not providing water and sewer service to the area west of Military Trail, to- gether with other planning factors. Mr. Brutt said he appreciated the cooperation of the city Planner in giving him some interesting zoning reviews that have come before the County Zoning Department and requested continued assistance in referring major developers to the Area Planning Board in order that they may prepare trans- portation plans for future developments. He talked of future growth to the west and of construction of water and sewer facilities and federal and state fund .~ar ticipation. During lengthy discussion, Mayor Saunders said that the Planning and Zoning ~oard had been aske.~ for a recommendation as to whether the City should extend its reserve area out to the turnpike and if it is extended that would have to be approved by the State Legislature. He said that the city is interested in the type of development to the west. It was also pointed out that there are areas within the city limits that do not have sanitary sewers. 10.a. council was informed bhat the Planning and Zoning Board at its December 21st meeting recommended approval of the use of a mobile trailer as a sales office for a period of time not to exceed one year on the Souf~h 14.1 feet of Lot 11, Lots 12 throug'h 14, and the South 100 feet of Lots 15 through 32 inclusive, and. the South 100 feet of Lot 33 less the West 20 feet, Asbury Park Heights, locate~ at 250 South Ocean Boulevard. Attorney David W. McKay, Autt~.orJ. zed Agent for the petitioner, was present and said 'the trailer would be removed as soon as the core project is completed. Tho request for use of a mobile trailer was approved, as recommended, on motion by ~4r. Weekes and seconded by Mr. Youngblood. Upon call of roll, Mr. Scheifley, Mr. Weekes, Mr. Youngblood and Mayor Saunders voted in favor of the motion and Mrs. Martin was opposed. 10.a. The city Manager presented the following minutes of a Planning and Zoning Board meatinq held on Decembe£ 27, 1971: "SUBJECT: RECONSIDEFu¥i'ION OF T~{E SPECIAL EXCEPTION OF 964 'C~IITS FOR i~i(.~I{ POINT SECT/.ONS 3-4--5-6 (Tabled for one month on 12-21-71) MEI~EP~S PRESENT: Chairman Jacobson, Cook, Poole, Pompey, WoollDri~ht; (Jim Smoot, Planning Director) The special meeLing w~s called to order ab 12:15 P.M. Mr. Simon arrived later and w~s briefed on the proceedings. 12-27-71 After considerable discussion by the members and recommendations by the Planning Director and after substantiation of a hardship by the developer, Mr. Stanley Tate, a motion was made by Mr. Woolbright and seconded by Col. Poole to remove the item from the table. Motion carried by a vote of 5-0 which complies with two-thirds majority neces- sary for such action. 5~he merits of the project were discussed at length as was the recom- mendation of the Beautification Committee as it applied to the project in question. A motion was made by Mr. Simon and seconded by Mr. Pompey to recommend to the City Council the approval of the subject request subject to the approval of the Beautification Col~nittee and the follow- ing recommendations of the Planning Director which are as follows: 1. That the collector street shown on the plan be dedicated complete with Section 3 to Barwick Road and improved as the -' subdivision units record; 2. That the acreage contained within the plan (134 acres) be subject to and conditioned upon the subdivision regulations utilized by this city and satisfactory to the city Engineer; 3. That the northerly East-West portion of the dedicated collector street be adjacent to the property line as shown on the exhibit. 4. That all trash containers be placed at grade, in enclosures and screened in-an appropriate manner; and, 5. That the landscaping on private streets be identical to the landscaping that exists and was previously approved in Sections 1 and 2 of High Point. Col. Poole offered an amendment to the motion to strike the reference to the Beautification Committee since the report from the Beautification Committee was in order and proper. The amendment was seconded by Mr. Simon and carried unanimously. The main motion was also carried unani- mously. The meeting adjourned at 1:05 P.M." , ~hese minutes were signed by 5~homas Woolbrigh%, Jr., Acting Secretary, a~ James C. Smoot, III, Planning Director. This subject property containing 144 acres lies in the L'ortheast Quarter of Section 13-P.-6-42 and in the Northwest Quarter of Section 18-46-43 and is located adjacent to and East of Barwick Road, North of Kingsland S/D and High Point Section 2, and West of Sudan Subdivision, and is zoned RI4-1A Multiple Family Dwelling District. Mr. Stanley Tate, the applicant, was present and said that they would put in the landscaping exactly the same on -~he undedicated streets as they had in Sections 1 and 2 of t{igh Point whJ. ch is the way the Beautification Connnittee wanted it. After general discussion, the Planning and Zoning Board's recommendation to approve said site plan was unanimously sustained, on motion by ~[r. Weekes and seconded by Mrs. Martin. _ Mr. Scheifley asked if the question of the jurisdic~ion of the BeautJ fication Comm. ittee regarding non-dedicated streets had been decided. The c. ity M~nager reported that he thinks it has been decided and ti~e City Attorney's opinion is that the landscape ordinance with regard to beauti- fication of street rights-of-way is applicable to public rigi~ts-of-way only and not to private stree{zs. The city Manager read a letter da%ed December 27, 1971, from Mrs. Elizabeth ~todges, chairman of the Beautification Committee, explaining concern about the new Landscape Ordinance and the ¢~esire that Council will enforce the ordinance. Following a question by 5~r. Scheifley regarding the legality of amend- ing 'the Landscape Ordinance in order that it ~ou]_d apply to private rights- of-way, the City Attorney was ~sked to check into this and report to council at its next ~orkshop meeting. 10.a. Council unanJ, mous!y sustained tile Planning and Zoning Board's recom- mendation to approve the site plan su'~c, lnitted by Dr. Thomas Shoal, through Architect Robert Currie, for a den~'i~t's office on L{}ts I and 2, Block 12, Del.--l[da Park Subdiv_{.sion, !ocate~i ~t 20f3 Palm Court, on re,orion by Mr. f~cheifle-,. ~ and seconde~-~ ~' "~"q. ..,~" tin. -8- 12-2~7-71 10.a. The site plan submitted by Lakeview Baptist Church for construction of an additional wing to the Church to take the place of a mobile trailer now in use for Sunday School purposes on approximately 3½ acres lying in the Southeast Quarter of Section 5-46-43 and in the Southwest Quarter of Section 4-46-43, located at 2601 North Swinton Avenue, was unanimously approved, as recommended by the Planning and Zoning Board, on motion by Mr. Youngblood and seconded by Mr. Weekes. 10.a. The Preliminary Plat of Wenton Village, submitted by. David Pierce, was .approved, as recommended by the Planning and Zoning Board at its meet- ing held on December 21st, on motion by Mrs. Martin and seconded by ~Mr. Youngb!ood, with Mr. Weekes abstaining from voting. This property consists of Lots 375 through 388, 406 through 419, 439 through 452, 474 through 487 and 501 through 514, TROPIC PALMS, and lies North of Dotterel Road, East of Jaeger Drive and South of Quail Road. 10.a. The city Manager reported that the following bids were received for the City's insurance coverage for 1972: St. Paul Fire & Marine Insurance Company, $103,~246o00 represented by Gracey Brothers. Aetna Casualty & Surety Insurance Company, $126,917.00 represented by Beery and Brown Agency. He said there is a $18,846.00difference between the low bid submitted and the $84,400.00 budgeted for said insurance coverage and recommended that the contract be awarded to St. Paul Fire & Marine Insurance Company in the amount of $103,246.00 per year, with $15,000. of the difference being taken from the General Fund Contingency Account and the remaining amount of $3,846. being taken from the Water and Sewer Contingency Account. The low bid in the amount of $103,246.00 submitted by St. Paul Fire & Marine Insurance Company for the City's insurance coverage was unanimous- ly accepted with additional funds to cover 'the cost of same being taken from the General Fund Contingency Account and the Water and Sewer Contingency Account as outlined by the city Manager, on motion by Mr. Scheif!ey and seconded by Mr. Youngblood. 10.b. PaVement of the following Bills for Approval were unanimously approved, on motion by Mrs. Martin and seconded by Mr. Weekes. General Fund $1,133,079.44 Refundable Deposits Fund $ 11,000.00 Capital Improvements Construction Trust Fund $ 272,208.53 The meeting adjourned at 10:15 P.M. HALLIE E. YATES City Clerk APPROVED: -9- 12-27--71 208-A NOTICE AS REQUIRED BY CONTRACT TO: SOUTHERN SANITATION SERVICE, INC. 201 N. W. 12th'Avenue Pompano Beach, Florida In accordance with Paragraph 25 of thai certain Contract made and' executed between yourself and the undersigned, dated April 13, 1970, as amended in the Agreement on Modification dated February 9th , 1971, and providing that the City shall have the right to extend this Contract for a period of One (1) year by giving notice to the Company prior to September 1, 1972, the City of Delray Beach, the undersigned, hereby gives you notice in accordance with said contract and said paragraph above mentioned, that the City of Delray Beach elects to extend the contract for a period of One (1) year, namely, through October 31, 1973. Dated this 29th day of December, 1971. CITY OF DELRAY BEACH, (SEAL) a municipal corporation Attest': City Clerk ?i " Mayor 'Witnesses as to City of Delray Beach: Approved as to form:___~ .. RECEIVED the Notice as Required by Contract and hereby accept the terms as expressed therein. Dated this ~:'- ~ day of December, 1971. I ,/ SOUTHERN SANITATION SERVICE, INC. (SE~)a a Florida corporation Witnesses as to Southern Sa~tation , ' Service, Inc.: 288~B STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE klE, the undersigned authority, personally appeared J. L. SAUNDERS and tLALLIE E. YATES of the City of Delray Beach, Florida, .and acknowledged ihat they are the appropriate City officials qualified to execute the foregoing Notice and that they have executed said Notice for the purposes therein express ed. SWORN TO AND SUBSCRIBED before me this December, 1971. Notary ~lic, State of Florida My commission expires: ?.~.. STATE OF FLORIDA ) COUNTY OF BROWA.RD ) BEFORE l%~E, the undersigned authority, personally appeared H. Wayne Huizenga and Harris W. Hudson Southern Sanitation Service, Inc., and acknowledged that they are the appropriate corporate officials qualified to execute the foregoing Notice and that they have executed said Notice for the purposes therein expressed. SWORN TO AND SUBSCRIBED before me this ~.. ,,~...~ day of December, 1971. Notary Public, State of Florida at Large My commission ~,~¥' CO[',~MISSION £XPfRES DEC. 10, -2- %'~ ' ; 208-C OI1~ OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA PROJEGT NO. 6469-3e-8e 'g/ATER MAIN & SEWAGE FORGE MAIN SUPPLEMENTAL AGREEMENT NO. 1 CHANGE ORDER ' This agreement entered into this ,_~ .7 '~tday of ,,~_.<~xz-~_.~..~,, 1971, by and between 'the City of Delray Beach, Pahn Beach County, Florida, as party of the FIRST part, and Paul N. Howard Company, as party of the SECOND part, as being a supplement to a certain contract by and between the parties aforesaid, dated the 1st day of Iuly , 1971, for the construction of \¢rater Main & Sewage Force Ih, fain, itt the City of Delray Beach, Palm Beach County, Florida. \¥ITNESSETH: I. ~rHEREAS the party of the FIRST part desires to make Certain changes, substitutions, deletions or additons to the Contract, outlined as follows: A. Concrete base to replace existing road base over the area of pave- ment cuts and road crossing. As required by the Count~ Engineering Depart- ment permit. II. WHEREAS the party of the SECOND part has agreed to furnish the additional items of work and make substitutions as follows: A. Re'place 236.44 square yards of concrete ba'se at $5.00 per square yard - See Attachments No. 1 end No. 2. (Addition to Contn~ct - $1',182.20) III. THEREFORE, it is further agreed and understood by both parties hereto that the Contract shall be emended as follows: Original Contract Amount $226,907.. 65 Addition This Change Order NO. 1 + 1,19~2.20 Adjusted Contract Amount $228,089.85 t 208-D IV. It is further agreed and understood by both parties hereto that the contract time wilt not be changed by this Change Order and this. C]lange Order shall not alter, in any manner the force and effect of 'the original Contract d~ted the 1st day of_Ju!v , 1971, and same shall stand in full force and effect in all respects, except as amended by this agreement o . ATTEST: By 't/~-~-~/~.____~. ~-.~, PAU'L N. HOWARD COMPANY -~r~'~'~:~/~'r'~'~/ Authorized Officer ~ - ~ ~ Approved as to Correctness ' and Form ~~ /Y ~2 AOOEPTED BY By_ ~.f~2~r~/J~.J~ - Gi~ OF D[L~AY BEACH, FLORIDA ~" Mayor ~ Ci~ Mapage~' "-... RUSSELL&AXON CONSU~G ENGINEERS, INC By -2- -' '- ' ~' ~ 208-E -.---' .... _ -~ lq~RtLJ,.~CAI I:'S'1114I(I E I-:C)R PARI'IAI. I"AYI,;'L'Ii'[ lYl.[ Ol PROJLC] J'.[/'~¥[l] 14Alll & I-~)t",C[ HA}ti LOCAIION r)ELI~AY [~EACtl I'LRR]DA v~oJEc] NO. 6469-3t~-[le NA~4E OF COHTRACTOR Paul N. Howard COlJlpal]~ ADDRESS P. O. Box 0] 5 (~L.al) PERIODICAL ESTIMATE NO. 5 FOR PERIOD Oct. Z[, 19 71 , TO ~OV. Z0, 19 71 ductile iron ~,~ater main. 5191 12.90 66,963.90 5146 66,383.40 580.50 9. 2 Furni. sh & install 12" ''. - cast iron ~.~ater main, 4554 7,50 34,155.00 4678 35,085.00 -0- il02 -] · Conaec~ 20" water ma~n to existing 16'" water · main.. '.'..:. ' 1 200.00 200.00 1 200.00 -0- ilO0 .. :,:...':~.:/~..~. ~= .-;/./.:'. :....-. ~'.. --.. ., . FCr-n~s:.~: ~.-'sr;st~] .14".~ .:~' ..... : -. .' '-"' ... --.-':'..::~ :..:.: ...~ · "' ~'1' ~ ~ :~.., -~,~ ,,, ...... - .... ~ 8 ~325.00 4899 42,621.30' -0- 3.03~ --., . .,. ..,. ......:/... ?:'5 Conne~? ]4".t'.baS~"~Fon '.:': .'' ' ' _ ,-,', ,'- "- :':j? j force ~n':'"~?ex~L~ng .' '-:' --" ' -].., manhole. 't ' ' . :.. ' ' I 350.00 350,00 1 350.00 -0: 100: J 6~ Furnish & ~nStall 8" '" j ~ cast ~ron force ma~n. 5839 . .. 4.65 27,151.35 5918 27,518,70 -0- J101. t ~ 7~ Furnish & ~nsta]l water . - i~ '~ ~ain fittings. 6.6 900.00 5,940.00 6.60 5,940.00 -0- JlO0 . -~. I I 8;~ Furnish ~'install 20" ' , · 'j i butteEfly valves & boxes 4 400.00 5,600.00 4 5,600.00 -0- 100.c j ~ Furnish & instail_12" " "- '= .9~, oate. valves'&.bOxes` 5 300.00 1 500.00 5 1,500.00 -0- .100.~ ~ ' ' ' "'100 lO~ Furnish & install.' lO" gate valve & box. 280.00 280.00 i 280.00 -0- .C ll Furnish & install 8" gate valves & boxes. " 2~.00 400.00 2 400.00 -0- 100 12 Construct 20" water main SCL Railroad crossing , (Jack & Bore). 80 85.00 6,800.00 .-80 6,800.00 -0] 100 ' 13 Construct 14" casg 5ton " SCL Railroad crossing (Jack' ~ Bore). 80 70.00 5,600.00 80 5,600.00 -0- 100.C .J ' Furnish & install air ' release valve assemblies 6 Ea. 100 O0 600.00 6 600.00 '~'- lo0.0 I ~ ~.'. J 1si Asphalt pavement Yep1. 310 SY 5.00 ] 550.00 623 3,~5.00 -0- zO~.~ 16, t.~fsc concrete Jn trench 55 CY 16 00 880.00 55 880.00 -0- ]00.~ J ~ ' . 17i ,',~ter~a] for p~pe bedd.~n(  ordored ~n wr~tinq by' the Engineer. 10 CY 12.00 120.00 -0- -0-- 120.00 0.0 [ SUB-TOTAL, PART ! 99,415.25 I 202,873.~0 700.~0 .... 268-~ TYPE gl I'I~OJLC1 ;,IAJI.I', HAIII ~', li)I.',CI. ~.lAl[lLCiCAIIOi4 I)[[RAY B[ACII, I'Lf)R]I)A PROJEC1 NQ. .............. ' ~ ~ - ?~ COHTRACT NO. ( ~'~.~ ) PERIOD'ICAL E. STIMAffE NO._._.~__.. rof~ PERIOD Oct. RI, 19_~j, TO ~OV. ZO, 19 ?] PART II - FORCE HAIN 84 18 Furnish & install 8" ',. cast iron force main 5736 ~.65 26,672.q0 5890 27,'~8.50 -0- 19 Furnish & install 8" ' gate valve & box. 1 200,00 200,00 1 200.00 -0- 20~ Furnish & install air release valve assemblie~ 3 100.00 300.00 3 BO0.O0 -0- 21 Asphalt.pavement repl, 20 7.00 140.00 33.2 232.40 -0- ~,~ 22 ~qisc. con~r, ete in trench 2 30,00 60.00 ~ 60,00 -0- 23 Material for pipe b~dding ordered in writing by the Engineer. lO 12.00 120.00' 0 -0- 120.00 SUB-TOTAL - PART It 27,492.q0 28,180.90 120.00 , · ' SCltEDUL. L O[: CtlANGE ORDERS 208~G Chang~ o,der Addition~ ~al~ed Amount item en Completed Form Description Amount Deductlon~ Vt- 1000 lo date (3) (~) (5) (6) (7) None L~e Ida Romd Crossing (Concrete) 1,182 ] 1,182 20 I To,a~s 'rT'fS-Z Z( --r;-,.~82 0 2. ANALYSIS OF ADJUSTED CONTRACT AMouNT TO DATE A. Original contract .amount (Col. 6 front of this farm) 226s907. 65 B. Plus: Additions scheduled in column $ above 1,182.20 C. Less': Deductions scheduled in column 7 above -O- D. Adjusted contract amount to date ' 22~,08Q. 85 3. ANALYSIS OF WORK PERFORMED 1. v;I ue of orlginol contract work performed to date (Col. I~ fran,) 231't054.30 2. Extra work performed to date (C'ol. 6 above rr, inus Col. 7] 1~.182.20 3. Total value of work performed to dote 232,236,'50 4. Less: Amount retained percent 5. Net amount earned on contract work t'o dote .232-,-2~'~-6-15'0~' 6. Add: &~a~erials slated at close of this period ' (Altech detailed -0- 7. Less: ~mount of previous payments 207,948Z87 8. BALANCE DUE THIS PAYMENT 2~~ 4. CERTIFICATION OF CONTRACTOR I certify that I have checked and verified this Periodical Estimate No. 5 (FineS) , for the period October 21t 1971 to Novevtloer 20t 107]. , inclusive, and that. it is a true and correct statement of all work performed, end/or any and all material and equipment supplied by the contractor; that all work and all material and equipment included in the Periodical Estimate No. been performed and/or supplied in full accordance with the ~orms and conditions of the contract documents, and/or duly author[zed iotlons, substitutions~ alterations and/er additions; that all terms of Periodical Estimate No. 5 have been authenticated end ~ 'eyed by the duly authorized undersigned agent of th~ contractor, · PAUL N. HOWARD COMPANY December 8, 19 71 Ti~l~ VICB 5. CERTIFICATION OF CON~TRUC'FION ENGINEER According to the best of my knowledge I cerlif), that all items and amounts shown on the ~{aco of th~ periodic' pay eslimote ere (owner). and P~!u.L_~_.._J.JQwa~olj]pa_~_ .... (cant, dolor), do,ed Jill y_ 1 , 19 _7~_, including any duly authorized deviations, su~stltutlens~ ahorations and/or additions; that if is agreed that this'periodlc'ol estimate is a trbe and corrocl slolemc~f of the contract amount, up Io end including 1he lost day c,f tho period covered by this periodical e~timata, and lhot no pa~l of lh~ *'balonco duo" Ibis paymenl has been ~eceivod. ~U$SELL & AXON CONSULTING ~,~ ..... ~]~,~ ~ng~eer D~,, December t4, t97t ~'~$~ 208-H I'. O. ~OX O~A LOGKA. I~LOi~'~A · HOMA~ O. ANDEN~ON October 20, 1971 Russell & Axon Consulting Engineers, · Inc. l>ost Office Box 1837 Delray Beach, Florida 33444 Re: City of ~elra.y Beach, Florida Water Main & Sewage Force Main Attention: Mr. J. H. tKlinck, P.-E. - · District Engineer - . .... Gentlemen: · We are ~leased to submit the following unit price for an item of work not covered by the contract for the .above project. Concrete Pavenaent Base: $5.00 per square yard This price is in addition to a:id is based upon the.'asphalt surface course being p3id under Item No. 15 ..... Very truly yours,' PAUL N, HOW'ARD COMPANY Thomas O. >mderson TOA/jk a,,' .......Ce~f~-a~ r,~cN'~;cn+!O~l. , ATTACHMENT MO. 2 VA-~or ,',{-,,~n ~ ~ ......... PO:'C~ Main base to ,-:- ~ atin9 -'- ' ..... ,;..~,,,.,ment cuts rogd ~" by ~. ~ · ~ae" .... ' Of " for ~ls "" R ~ ~,:.,~., ~ AXON AFFIDAVIT OF RELEASE OF LIEN 208-J STATE OF VLOJ?.ID/% COUN'TY OF ~.LA~D)F :,_ '' 3boreas O. _Anderson being first duly sworn, deposes and says as follows: That he is Vine ~ur,~'sident of ?~,ul ~-L ~;o~'ard Company Title Name of Corporation' a %¢l~a .. corporation which is named in tfie Construction Contract dated the_~¢'.%b .... day of 2uly:_. _, 19~, between said corporation as the CONT~CTOR and the Ci~y of ~3l~ay Z3c:ach , Florida, as the O~¢NER for ~he construe-- and that Affiant is duly authorized to make this Affidavit as, or on behalf of, said contractor as hereinebove indicated, end does hereby gfve state,hr under oath in compliance with and pursuant to Section 84.04, Florida Statutes 1953. ' ' That the .work called for by ,.the above and foregolo9 contract 'has been completed and that all lieners contracting directly with or directly employed by- such Contractor have been paid in full, including all iaborers, subcontractors, materialmen and suppliers, and all other llen~rs performing' or furnishing any work, labor or materials upon said Con. tract work, and thet there are no unpaid i'ieners in connection therewith. Sworn to and subscribed before me this No t¢~ ry Pub,Zi c My Commfsslon explres:.f~y~o~m~ss;0n '" ='"¢ ~' i915 (SEAL) · 208-K - CITY OF DELRAY BEACH PALM BEAOt~! COUNI¥, FLORIDA PROJECT NO. 6469-Se-Se t'I~ffAL ESTIMATE RECONCILIATION AGREEMENT Thls Final Estimate Reconciliation Agreement covering the period from . October 2I, ].971 to November-Z0, ]9.7!, supersedes any and all cortes- . pondence or verbal agreement .regarding deletions or additions to the scope of the work in the performance of the Contract dated .[u_lZ 1, 1971., for the construction of \.Vater Main ~ Sewaae Force Main for the O__i.j~y.of Delfa..a_v_.B__eaqh_~ Palm Beach County, Florida. It is hereby agreed and understood that all quantities and prices shown on the attached Final Estimate are con-ect and the amount of $24,_2.27.6_3 constitutes final payment, including retainage, for al! materials furnished and work performed by Paul N, Howar~d..Co~p~!nD£, Contractor, and ~lLother Contractors, in construction and completion of the above project, all in strict conformance with the terms of the original Contract. It is fur[her agreed and understood that the one year warranty period on workmanship and materials furnished shall commence upon execration of · ; this Agreement. PAUL N. HOWARD COMPANY Recommended for Approval: Ru§-Sell..& Axon .-accepted: - Gons'olting_,~.__ Engineers, !nc. City of Detray Beach By: 208-~ ORDINANCE NO. 42-71. AN ORDIN.ANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 24 THROUGH 28 INCLUSIVE, BLOCK 37, DEL-RATON PARK SUBDIVISION AND THAT PORTION OF THE'NORTH 2-FEET OF AVENUE "C" LYING' ADJACENT TO SAID LOT 24; ALSO A 'PORTION OF FLORIDA BOI~EVARD, .WHICH LANDS ARE CONTIGUOus TO EXISTING MUNICIPAL 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. WHEREAS, ROBERT H. WIEBELT and GEORGE A. WIEBELT are the fee simple owners of the property hereinafter first described; and WHEREAS, ROBERT H. WIEBELT, by his petition as Authorized. Agent, has 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 ~uthorized 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 described, in the RM-1A Mul'tiple Family Dwelling District, has been recommended by the Planning and Zoning Board in action taken at its meeting held on November 16, 1971; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL O~ 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 follow.ing described tracts of land located in Palm Beach County, Florida, which lie contiguous to sai~ City, to-wit: Lots 24 through 28 inclusive, Block 37, DEL-RATON PARK Subdi- vision and that portion of the North 2 feet of Avenue ,'C" ly- ing adjacent to said Lot 24, 'per Plat Book 14, Page 9, Public' Records of Palm Beach County, Florida; ALSO that portion of Florida Boulevard as now laid out and in use described as follows: The West Half of Florida Boulevard lying adjacent to Lots 24 through 28, Block .37, DEL-RATON PARK Subdivision and that por- tion of the North 2 feet of Avenue "C" lying adjacent to said Lot 24, per Plat Book 14, Page 9, 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 the. rein the above described tracts of land, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the lands first described are hereby declared to be in Zoning District RM-1A as defined by existing ordinances of the City of Delray Beach, Florida. 208-M Page 2. Ordinance No. '42-71. Section 4. That the lands hereinabove described shall immediately 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 juris- diction, such record of ~llegality shall in no way affect the remaining portion. PASSED in regular session on the second and final reading on the 27thday of December , 1971. ~' M A y O.~R ATTEST: City Cler~ First Reading December 13, 1971 Second Reading ~~ber 27, 1971 208-N ORDINANCE NO. 43-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE FED- ERAL INSURANCE ADMINISTRATION · FLOOD HAZARD BOUNDARY MAPS, AND PROVIDING CERTAIN REGULA- TIONS PERTAINING TO LAND USE IN THE AREAS DESIGNATED THEREON. WHEREAS, the City of Delray Beach, Florida is a legally con- stituted body; the Charter of the City being Chapter 25786, Special Acts of Florida, 1949, as amended, and WHEREAS, the City of Delray Beach, Florida is authorized by Chapters 69-33 and 69-139 of the Statutes to issue flood plain reg- ulations and effect flood control measures, and WHEREAS, the City Council of the City of Delray Beach, Florida recognizes that certain properties within its boundaries are subject to flooding and flood damage, and WHEREAS, the City Council of the City of Delray Beach, Florida has resolved to recognize and evaluate flood hazards in all actions relating to land use in the flood plain areas of the properties under the jurisdiction of the City of Delray Beach, Florida, and WHEREAS, the City Council of the City of Delray Beach, Florida has resolved that it will enact, by December 31, 1971, and maintain in 'force adequate land use ~nd control measures with effective en- forcement provisions consistant with the National Flood Insurance Program, and WHEREAS., the city Council of the City of Delray Beach, .Florida has resolved that it will cooperate with neighboring jurisdictions With respect to adjoining drainage areas and flood plains in order to prevent aggrevat~ion of the flooding problem, and will work with appropriate state and federal agencies and bodies in every way pos- sible in complying with the National Flood Insurance Program: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Flood Hazard Boundary Maps No. H-12-099-0820-05 through 08, dated October 16, 1970, as issued by the Department of Housing and Urban Development, 'Federal Insurance Administration, which maps shall be included, and by reference made a part of this ordinance, are hereby designated as the official maps, delineating certain zones with relative de~rees of flood hazard, and establish- ing a Base Flood Elevation of 6.0 feet above mean sea level. SECTION 2. Before issuance of a Building Permit, as required for all structures within the City limits by Chapter 9 of the Code of Ordinances, City of Delray Beach, Florida, and before approval and acceptance of a Preliminhry or Final Plat of a proPosed new development, as required by Chapter 23A of said Code of Ordinances, such Building Permit s'hall be reviewed by' the city Engineer and Building Official, and ~.n.addition, developments shall be reviewed by the Planning and ZOning Board to assure compliance'with the fol- lowing criteria: 208-0 Page 2. Ordinance No. 43-71. A. Subdivision proposals and other proposed new develop- ments shall be consistant with the need to minimize flood damage, and 1. All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located, elevated, and-constructed to minimize or eliminate flood damage, and 2. Adequate drainage shall be provided so as to reduce exposure to flood hazards. B. All new or replacement water supply systems and sani- tary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the sys- tems and discharges from the systems into flood waters, and on-site waste disposal systems shall be located so as to avoid impairment of them, or contamination from them during flooding. C. In the flood plain area having "special flood hazards", which area is designated as "Zone A" on the Flood Haz- ard Boundary Maps referred to in Section 1., the fol- lowing additional criteria shall apply: 1. All new construction, or substantial improve- ments to existing structures (including prefab- ricated and mobile ho~es) shall be protected against flood damage, and a. Shall be designed (or modified) and anchor- ed to prevent flotation, collapse, or lat- eral movement of the structure, and b. Shall utilize construction materials and utility equipment that are resistant to flood damage, and c. Shall use construction methods and prac- tices that will minimize flood damage. 2. All major repairs to existing structures shall: a. Utilize construction materials and utility equipment that are resistant to flood dam- age, and b. Use construction methods and practices that will minimize flood damage. 3. All new construction, or substantial improvements of residential structures shall have the surface of the lowest floor (including basement) placed at an elevation higher than the Base Flood Elevation. ~ 4. All new construction, or substantial improvements of non-residential structures shall have the sur- face of the lowest floor (including basement) plac- ed at an elevation higher than the Base Flood E!ev~tion, and sha!], have attendant utility and sanitary facilities floo,~-proofed up to the Base Flood Elevation. 208-P Page 3. Ordinance No. 43-71. D. Until such time as the Federal Insurance Administra- tor Specifically identifies the area designated as a "floodway", no use, including landfill, may be per- mitted within the flood plain area having "special hazards" unless the applicant has demonstrated, to · t~e satisfac.tion of the City Engineer, that~the prom posed use, when combined with all other existing and an%icipated uses will not increase the surface eleva- tion of the Base Flood more than one foot at any po int. SECTION 3. Within the flood plain area designated as having "special flood hazards" on the Flood Hazard Boundary Maps referred to in Section 1., the requirements of this Ordinance shall take pre- cedence over any conflicting laws, ordinances, or codes. SECTION 4. Authority To Codify. This Ordinance may be codified and incorporated into the City's existing code. PASSED AND ADOPTED in regular session on the second and final reading on this the 27th day of December , 1971. ~r/ -'M.-A'Y 0 R ) ATTEST: First Reading December 13, 1971. Second Reading December 27, 1971o 2O8-Q RESOLUTION NO. 43-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZ- ING THE PURChaSE OF A TRASH LOADING FA- ~CHINE WITHOUT 'coMpETITIVE BIDDING. WHEREAS, the city Council has received a recommendation from the City Manager that a specific trash loader would best serve the needs of the city, and that it would be useless to prepare speci- fications for sealed competitive bidding since there is apparently only one company which manufactures the type machine desired~ and WHEREAS, uniformity of equipment is desirous for uniformity of operation among the different operators and the uniformity of the stocking of parts and tires for only one make of equipment would result in a saving in inventory, and WHEREAS, the next lowest bids for similar equipment purchased in 1969 were $2,000 higher and after two years the cost of the new proposed equipment has only increased $540. WHEREAS, the city Council deems it in the best interests of the city to purchase a trash loading machine promptly, NOW, THEREFORE, BE IT RESOLVED BY THE CIl~f COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: That authorization is hereby granted for the purchase of an International trash loading machine from Engineering Machine Company, for the sum of $13,500.00 without competitive bidding as permitted by the Charter and the Code of Ordinances of this City. PASSED AND ADOPTED in r. egular session on this the 27th day of December, 1971. ,MAYO R ATTEST: City Clerk