08-10-70 '1'2.9
AUGUST 10, 1970.
A regular meeting of the. City Council of the City of Delray Beach
was held in the Council Chambers at 8~00 P.M.,~ with Vice-Mayor James
H. Scheifley in the Chair, City Manager J. Eldon Mariott, City Attorney
G. Robert Fellows and Council members Grace S. Martin, John L. Pitts,
III and O. F. Youngblood beingl present.
1. An opening prayer was delivered by Rev. J. Marvin Sweat, Jr.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular Council meeting of July 27, 1970, were
unanimously approved, on motion by Mr. Pitts and seconded by Mr.
Youngblood.
5. Mrs. Martin said it was her understanding that Council had agreed
there would be no more fires at the Sanitary Land Fill and asked that
the City Manager investigate and report, to Council at the next work-
shop meeting concerning the fire at said Land Fill, which started last
Thursday night.
5. Mayor Scheifley announced that the Palm Beach County Municipal
League would hold its monthly meeting in the Delray Beach Council
Chambers on Friday, August 14, at 1:30 P.M., and that 26 Municipalities
in the County are members of said League.
6.a. City Manager Mario~t presented Council and the City Clerk with
copies of the proposed Budget for the fiscal year of 1970-71. The
.Press were also presented copies of said proposed Budget.
The first Council study session on the proposed Budget was scheduled
for 7:30 P.M., Tuesday, August. 18.
6.b. The City Manager .informed Council that Ordinance No. 25-70,
adopted at the last regular Council meeting, provides for appointment
of one citizen to the Plumbing Board to replace the City's Plumbing
Inspector, and that members of said Board recommend the appointment of
Mr. Frank Ryncarz, a licensed carpenter and a 23-year resident of
Delray. Beach.
Mr. Pitts moved that Mr. Frank Ryncarz be appointed as a member of
the Plumbing Board, the motion being seconded by Mr. Youngblood and
unanimously carried.
Mr. Pitts informed council that a member of the Plumbing Board had
suggested that Board membership be on a rotation system. Mr. Pitts
asked that this be discussed at a workshop meeting.
6.c. City Manager Mariott informed Council that two new Fire Stations
are included in the items to be financed by the recently, validated
General Obligation Bond Issue, one to be located in the southwest
section of the City and the other on the beach, and, as discussed at
a workshop session on August 4, it is recommended that Mr. Richard T.
Hanna be retained to design these two buildings.
Mr. Youngblood moved that Mr. Richard T. Hanna be retained to
sign said two buildings, the .motion being seconded by Mrs. Martin and
unanimously carried.
6.d. Regarding Consideration of authorizing certain engineering ser-
vices to be provided by Russell & AxoD, the City Manager referred to
a letter received from Russell & Axon, Consulting Engineers, Inc.,
dated July 29, 1970, outlining their proposal for .providing engineer-
ing services in connection with the following itemst
1. Sul~plementary report on water treatment reqUirements to up-
date and finalize design criteria for water pliant facilities.
-1- 8-10-70
2. Preliminary reports on (a) sewage treatment facilities, to
provide basic design criteria, planning proposals, cost
estimates and posSible, methOds of financing, to comply with
the State of Florida Department of Water Pollution Control
requireme~s, and (b) sanitary sewage, collection, to in-
clude "Area 13" and all other unsewered areas within the
City.
3. Evaluation survey and feasibility report On the Southern
Gulf Utilities' water and sewer systems in Delray Shores.
(A maximum expenditure of $500 is recommended at this time
for a preliminary feasibility study-')
4. Water. and sewer rate analysis, to substantiate a full
financing progr~ .in support of a revenue bond issue that
would finance the programs outlined above.
Mr. Youngblood moved to' accept the. proposal of RusSell & Axon in
providing engineering services as stated in their letter of July 29,
1970, the motion being seconded by Mr. Pitts and unanimously carried.
(Copy of Russell & Axon's letter dated July 29, 1970 is attached to the
official copy of these minutes.) See pages 134-A-D.
6.e. Concerning a survey of lands in violation of the City's nuisance
laws, l~resented by the City Manager, Mrs. Martin moved that the City
Clerk be. instructed to proceed with the enforcement of Chapter 15 of
the City's Code of Ordinances, the motion being seconded by Mr. Pitts
and unanimously carried. (Copy of the Nuisance Survey is attached to
the official copy of these minutes.) See page 134'E.
6.f. The City Manager informed Council that!ithe three-year term of
Mr. RObert C..Westerman as a member of the Sewer Adjustment Advisory
Board expires On AugUst 24, 1970; further, the remaining members of
the Board have expressed their approval of his reappointment and he is
willing to be considered for continued membership.
Mr, Robert C. Westerman was unanimously reappointed to the Sewer
Adjustment Advisory Board for a three-year term, to. expire on August
24, 1973, on motion by Mr. Pitts and seconded by Mr. Youngblood.
6.g. C.iot~ Manager Mariott informed Council that bids were ~. re-
ceived' 4~-July 1, ~1970, for ~the installation of two additional courts
on the present Lawn Bowling Green in the City Park,. including all
facilities such as asphalt walkway, paving of coUrts, fencing, canvas
canopy, etc., .and the only bid received was from Hardrives of Delray,
Inc., being for the,lump sum amount of $11,157.00.
Further, inasmuch .as only $5,000 was provided for this work in the
current budget, an agreement has been reached with Hardrives to delete
certain portions of this WOrk which can either be acCOmpliShed with
City fOrces or deferred to a later date. '
AS quoted in a letter of agreement from Hardrives, darted July 30,
1970, for the lump sum of $5,150.00, they will Perform ail work in-
cluded in the original contract with the eX66Ption Of :~he' ~Ollowing
items which are to be deleted: '.
1. All clearing, rough grading, .grubbing and sodding.
2. Ail fence work.
3. Ail awnings and frames.
4. Ail 'piping and Sprinkler system.
5. All acCessOry items (tag and Score' boards).
The City Manager said it is felt that a useable facility can be
provided in this manner with the funds available ~in the current budget;
therefore, it is recommended that the revised contract, in the amount
of ~5,150.00, be awarded to Hardrives 'of Delray,-Inc., in .accordance
with the terms of ~"their letter of agreement dated July 30, 1970.
-2- 8-10-70
Mr. Pitts moved that the bid of {5.150.00 be accepted and the con-
tract be awarded to HardriveS of Delray, Inc., the 'motion being sec-
onded by Mrs. Martin and unanimously carried.
7.a. The City .Manager reported.that Mr. Clarenue E. Lane, 249 N. E.
9th Street, requested, on the grounds of being 65 years of age or
older, and was granted by Council, at its regular meeting on July 13,
a gratis occupational license for the fiscal year commencing October
He further reported that a letter dated July 27 has been received
from Mr. Lane requesting a refund of all occupational license taxes
by him after he reached the age of 65, amounting to $50 per year for
four years for a total of $200.
Section 16-4 of the City's Code of Ordinances, which pertains to
exempting certain persons from paying occupational license fees, does
not provide for refunds but states that such persons shall be allowed
the same exemptions as they would be entitled to by law in connection
with State and County licenses.
Section 215.26 of the Florida State Statutes provides for refunds
of payments where no tax, license or account is due, but states that
"applications for refunds shat1 be filed with the State Comptroller
within three years after the right to such refund shall have accrued
else such right shall be barred".
Following general discussion, and the City Attorney's opinion
that it would be .~ega,1, for the Ci, ty.~o =makeja ref~u~d,of three,years
license fe~s paid byl th~, .a~pplicant, '.the. C{ty Manager. recommended .that
said refund be made.
Mr. Pitts then moved 'tha~ a refuhd of ~1'50.00 be made to Mr.
Clarence E. Lane, the motion being seconded by Mr. Youn~blood and
unanimously carrie~. ~ .. "
7.b. An offer, fror~ county' Title.,a~d A~stract COmpany, 'representing
the property o.wner, to deed to the "City the West 25 feet of two par-
cels of land.i,.n the East half of Lot 11, Section.8-46-43 for right-
of~way PurpoSes, in exchange for removal' of a nuisa~c~e abatement lien
in the amount of $18~.00 against one ok.said parcels.of land, was
presented to Council ~.t it's regular meeting of July 27, 1970, and
action.on said ,item was deferre~,, until this meeting.for further
study. ~ ~ ~
The City Manager ~s. aid it had.been 'determined tha~ ther'e would be
no benefit in the City's ownership Of thi~s~ righ, t-of-way~ =however~
inasmuch as it might be ,to'the advantage of the owner of nearby prop~
erty to the south to have this right~o~.way for access~ .to his property,
a letter had been written to him asking if he .wou,l~ be intereste~ in
paying the $180..00 lien in return for such access.
The City Manager further said that the Petitioner had requested that
the item be considered at this _meeting as there is a time element
involved with regard to sale of the property, but since no reply has
been received from the above.mentioned property 'owner, it is recom-
mended that the 1.2~n ~not 'be waive~_. ~.
ollowing'd scuss o ,-Mr. itts said reque.t be ta led
until the next 'C0.~{tC.i!meet~ng for, furt~ner ..study. The motion was
seconded by Mr. Youngblood and unanimously carried~
8~a. The City Manager presented RESOLUTION ~N0;.
A RF~OL~TI,ON,~; ~ .ODGNIZ~NG THE PUBLI~..NE.ED FOR
FLOOD INSURANCE AND AUTHOR~ZING TH~ C~T¥
TO: TA.K~ ~TEV~R .ACTION IT_ DEEMS
· 0-c0M L J,' ITH .T LOOD
(~0pY of Resolution No. 45-70 is attached to-the official copy of
these ru~nvtes.,) 'Se'~ page 13~-F.
Resolution No. 45-70 was unanimously~passed and adopted on first
and final reading, on motion by Mr. Youngblood and seconded by Mrs.
8.b. City Manager Mariott presented RESOLUTION NO. 46-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH APPROVIN(~ DESIGNATION OF INTER-
STATE 95, STATE ROAD 9, AS A LIMITED ACCESS
FAC IL I TY.
(Copy of Resolution No. 46-70 is attached to. the official copy of
these minutes.) See page 134-G.
Resolution No. 46-70 was unanimously passed and adopted on first
and final reading, on .motion by Mr. Pitts- and seconded by Mr.
Youngblood.
8.c. The. City Manager presented RESOLUTION NO. 47-70.
A .RESOLUTION 'OF THE CITY COUNCIL OF THE .CITY
..... OF DELRAY BEACH, FLORIDA, IN-SUPPORT. OF THE
REQUEST OF THE CITY OF. BOYNTQN BEACH FOR. AN
INTERCHANGE ON FLORIDA'S TURNPIKE AT STATE
ROAD NO. 804.
(Copy of Resolution No. 47470 is ~attached to the official copy of
these minutes.) See page 134-H.
Resolut~n No. 47-70 was unanimously passed and adopted on first
and final, reading, on ~motion by. Mrs. Martin and seconded by Mr.
Youngblood.
8.d. City Manager Mariott. presented RESOLUTION NO. 48-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, DESIGNATING PAYING
AGENTS IN CONNECTION WITH THE $4,150,000
GENERAL OBLIGATION BOND ISSUE°
(Copy of Resolution No. 48-70 is attached to the official copy of
these minutes.) See page 134~I.
Resolution No. 48-70 ~;as unanimously passed and adopted on first
and final reading, on motion by Mr. Pitts .and seconded by Mrs. Martin.
8.e. The City Manager presented ORDINANCE NO. 28-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DF~LRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 35, LAKE
SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EX-
ISTING 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.
-.- 2020 N. W. 2nd Ave.
(Copy of Ordinance No. 2'8-70 is attached to the official copy of
these minutes.) See page 134-J.
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. 28-70,
said Ordinance was unanimously passed_and adopted on this second and
final reading, on motion by Mrs. Martin and seconded by Mr. Pitts.
9.a. The City Manager informed Council that.earlier this year, Mr.
Robert Grauch, 154 Gleason Street, presented petitions from himself
and numerous othez~ property owners ~n~e area requesting the widening
-4- 8-10-70
133
of Ingraham Avenue and Ocean Terrace, and Council had referred said
request to the Planning and Zoning Board and the Traffic and Parking
Committee for review and recommendation, which recommendations are as
fo 1 lows:
"The Traffic and Parking Committee recommended that the
South 59.4 feet of Ocean Beach Lot 24 (148 South Ocean
Boulevard) be acquired by the City to provide not only widen-
ing Ingraham Avenue between Gleason Street and A1A, but in
addition for approximately 55 oceanfront parking spaces.
They also recommended widening Ocean Terrace to a width of
40 feet."
"The Planning and Zoning Boardi at their regular meeting
of August 4, reviewed the petition and voted unanimously to
recommend that Ingraham Avenue, from Gleason Street to A1A,
be widened to 40 feet, and that Ocean Terrace, from Gleason
Street to A1A, be widened to 30 feet.
The Board also voted unanimously to urge the City Council
to purchase the Lohrman property (South 59.4 feet of Ocean
Beach Lo't 24) as a means of providing for widening Ingraham
Avenue and providing more beach parking,"
The City Manager reported this item had been discussed at the last
workshop meeting and he had been directed to determine whether the
property owners are willing to sell, and the purchase price, for ac-
quiring an additional five feet on each side of Ingraham Avenue between
A1A and Gleason Street, also for acquiring the South 59.4 feet of
Ocean Beach Lot 24, but he did not have that information at this time.
Council e~pressed the feeling that it would be proper to wait for
the results of the City Manager's negotiations with the owners of said
properties before considering other alternatives in an attempt to ob-
tain additional rights-of-way as recommended.
10.a. Mr. Robert West, President of the Delray Beach Jayoees, asked
Council permission for use of the Community Center for the "Jr. Miss
Contest" to be held on Saturday, November 14, and reported that this
had been discussed with Mr, Elliott, Director of Parks and Recreation
who would check the a~ailability of that date.
Mr. Pitts moved .that the request be granted, subject to the approval
of the Administration, the motion being seconded by Mrs. Martin and
unanimous ly cart led.
10.a. Mr. West informed Council that the Jaycees would like to donate
and place a water-drinking fountain at the City Park. He said they
would install a temporary fountain until they can get an animal foun-
tain. installed.
He also inquired as to when the City plans to provide rest rooms
in the City Park.
The City Manager informed Council that this item would be discussed
during budget workshop meetings.
10.a. Mr. Cary Carr, a member of the Jaycees, suggested to Council
that instead of building separate rest rooms in the City Park, pro-
vision be made to use the rest rooms in the Senior Citizens building.
Vice-Mayor Scheifley asked that the City Manager have the proper
people evaluate this proposal and make a judgment on its merits.
10.b. The City Manager informed Council that a special Council meeting
should be held for the purpose of receiving and opening bids on the
$4,150,000 General Obligation Bond Issue.
Mr. Youngblood moved that said special Council meeting be held at
12:00 o'clock noon, on Tuesday, September 1, the motion being seconded
by Mr. Pitts and unanimously carried.
-5- 8-10-70
10.b. The City Manager informed Council that he had received a re-
quest from the Palm Beach County Health Department to locate a van
or panel-type truck in the City, on City property, for the purpose
of monitori~ng air pollution within the City. He said this request
had been discussed with the Building Inspection Department and the
City Attorney and an interpretation made that it need not be processed
under conditional use procedures as set forth in the Code 'of Ordi-
nances, and unless Council has a different view on it, the request
will be granted. No objections were voiced by Council concerning such
procedure.
10.b. Concerning a report at the regular Council meeting' of July 27,
1970, by Mr. William H. Murtha, 1202 N. E. 9th Avenue, that Mr. W. H.
Frey, 811 N. E. 8th Avenue, is being charged the 10 per cent Utility
Tax on telephone service while living outside the City limits of
Delray Beach, City Manager Mariott reported that' this item had been
investigated and a report made by the Southern Bell Telephone Company
that they had adjusted Mr. Frey's account back to June 25, 1960 in the
amount of $49.61.
10.b. With reference to the fire at the Sanitary Land Fill~ Vice-
Mayor Scheifley reported that it iS his understanding the Garbage and.
Transfer Plant is working very well and nothing is being deposited
at the Sanitary Land Fill at this time, and if these are the facts,
there would be nothing to burn there in the future, either spontane-
ously or intentionally.
10.c. The following Bills for Approval were presented:
General Fund $100,111.68
Water Operating & Maintenance Fund 9,435.42
Water Revenue Fund 115,000.00
Utilities Tax Revenue Fund 11,550.00
Cigarette Tax Fund 21,458.71
The Bills were unanimously app_~oved for payment, on motion by Mr.
Youngblood and seconded by Mr. Pitts'.
The meeting adjourned at 9:05 P.M.
........ .HALL!E E ~L YATES.
City Clerk
MAYOR
-6- 8-10-70
134-A
t POST OFFICE BOX 1837
~ DE~AY BEACH. FLORIDA 33444
,.' 305/278-261 )
Tile Honorable ~ayor and Gi~
Oi~ of Delray Beach
Delray Beach, Florida
Reference:. ~a~er and Sewerage Systems Improvements
A~en~ion: Mr. I. Eldon Marto~t, Gl~ Manager
; Gentlemen:
~&~)/' I. The Delray Beach wa~er treatment plan~ improvements contemplated under
~/~ the pending bond issue would provide a plant outpu~ capacity of 12.2 ~GD,
,.~ based on our 10-year population projections compiled in 1965. D~ring a re-
".~ -' cent'drough~ period, the actual daily production slightly exceeded the pro3ected
maximum and, consequently, the Florida State Department of Health has sug-
'- gested tha~ ~e re-evaluate the plant requirements In conjunction ~ith ~he presen~
program.
I~ ~herefor appears '~o be advisable ~o rev~e~ ~he ~ater treatment plant plans
~his'~ime ~o evaluate ~he feasibility of upgrading the 5-year old design criteria.
~-~ ~ II. Under recent, legislation imposed by :he 1970 Florida State Legislature,
~ / .,_ will' be mandato~ that complete treatment be provided for sewage wastes
--charged ,brough ocean outfalls by Ianua~ 1, 1973. The Gity of Delray Beach
is' now dischargin9 "pre-treated" sewage (by comminu~ion and chlorination.only)
~hrough its ooean ouffall.
j~a)e Iii. Most of the CiW of Delray Beach (abou~ 75%~ is now served by a modern
-- / sewage collection and transmission system, but a few areas remain in which
~O ~¢~./..~ptic Tanks" are.~he only available means of disposal. Sewers have not been
,,'provided in those areas because of various reasons, i.e.:
. ,.... A. Insuf~icien~ densiW of development ~o Justify ~he fiscal
feasibillw of sewer installation.
B. Varied opposition ~o assessmen~ or cost-pa~icipa:ion programs
tha~ could finance sewerage projects..
continued ........
OP~ICF~ IN FLORIDA AND MISSOURI
...... .. ....
' 134-B Honorlble Mayor and City Council .
.. City of Delray. Beach -2- ~uly 29, 1970
' O. Depletion of bond reserves from the 1965 revenue issue,
" used in construction of variOus sewerage systems during the past
5 years.
., D. Persistent growth in unserved ~fringe areas, with uneconomical
. I service requirements ~,
E. The constant upward spiral of construction and operation costs,
and
F. A static rate structure for water and sewer services, which has
not been, materially changed in the past $ years.
The most pressing need for sewage servi6e is.in the. area (known as Area 13) ly-
~¥~-'~t. lng between West A~Iantic Avenue and N. W.. 4th Street, bounded' on the west by
./~ the SCL RR, and extending eastward to N. W. 7th Avenue. The area is densely
- ~ developed and-would provide adequate revenue to Justify installation of sewers.
Four years ago, it was estimated that a sewage system to serve that area would
cost from $200,00'0 to $250,000.
~oFc/~-,£e in Delray Shores subdivision (west of the City Limits) have offered the City a pro-
._ .,posal for the City's acquisition of that. system and its franchise. Concurrently,
.: considerable interest in that area is being shown by substantial private develop-
:.' ' ers who ar~ contemplating extensive land projects that could be beneficial as-
sets to the economy of Delray Beach.
" V. The City of Delray Beach is presently in a positior~ to consolidate its immed-
~. late water and sewage service needs in a comprehensive improvement program.
" Our 1969 Engineering Report for a Mas[er plan for Water and' Sewer System speci-
~ fically recommended periodic reassessment of service needs, financing studies
:. and, the establishment of water and sewer service westward of the present City
~. limits. There are federal fun~s available and, with the currently favorable public
; opinion and legislative support for pollution cont~:ol projects the City should be
able to meet those service need§. It.would, therefore, be s.tron, gly advisable
:' conduct the necessary studies for all of these improvements as soon as possible,
' ~ in order that a comprehensive .9~oject financing plan may be developed, to derive
'. the best possible benefits from ~ny available sources of revenue.
We therefore recommend that the City of Delray Beach proceed with studies to
I :'- evaluate a possible program for:
~; ; A. Water supply and treatment expansion.
: /' B. Sewa~ge treatment facilities.
C. Sewer system requirements ~vithin the City. limits.
continued .....
Honorable Mayor and City Council 134-c
· .City of Delray Beach -3- luly 29, 1970
D. A full survey and evaluation of the Southern Gulf Utilities and
· franchise in the Delray Shores subdivision area.
'." E. A wa.ter and sewage rate analysis', to support the needed improve-
.. ment program. ;' .
VI. In consideration of our long association with the City, and the readily avail-
able technical information on existing, utilities systems, we can prepare the
necessary studies and en'gineering reports summariZed in V, items A through E
above', at a considerable saving to the City. We suggest the following studies.
A. Engineer's'Supplementary Report on Water Treatment requirements,
to update and finalize design criteria for water plant facilities, .in
conjunction with the .current financing program; providing the means
for increased treatment-capaciW as indicated by recent growth and
service requirements, including estimates of cost. The cost of this
~=-' report would be 1% of the estimated cost of. construction of facilities
required to furnish the added capacity. This report could be completed
: within 30 days of a. uth~rization;
!-... . B. Engineer's Preliminary Report on Sewage Treatment Facilities, to
?... 'provide the basic design criteria, planning proposals, cost estimates
.. ? , and financing possibilities, to comply with the State of Florida De-
partment of Water Pollution Control requirements. The cost of this
report would be 3/4 o;f 1% of the estimated cost of construction.
. ~. : C. Engineer's'Preliminary Report on Sanitary'Sewage Collection, to
.i include "area 13" and all other unsewered areas within the City limits.
" The cost of this ~eport would.be !'/2 of 1% of the estimated cost of
~ ~ · construction.
(
~'. NOTE: Items B and C to be prepared as one report, would
~' inclt~de preparation of applications for federal and state fir~-
ii ancial aid, and could be completed in $ - 6 months.
> ~ 3', ~ ~,¢-~, D. Evaluation Survey and Feas. i'bilitY..Rep0rt on the Southern Gulf
.-. Utilities" water and sewer systems of Delray Shores Subdivision.
.': ,~j'O (J .h, ~-~. The cost of this report would be 1% of the estimated value of the
t
' ~ r-e/~--~ ~-~ systems, but not less.tha~ $3300.00. The report would require
...... . about '4 months for completion.
E. Water and Sewer Rate Analysis to substantiate a full financing
~,na,.,.e tke
program in support of a revenue bond program that would ~
water, sewer construction and acquisition programs covered in the
preceding recommendations.'. Our charge for this study would be de-
termined by actual costs involved. We estimate it t6 be about
~'/~,, SJ' O .,~, $5,350.00, provided that summarized and tabulated record data are
~ _ - furnished by City personnel? This study would require about 5-6
' m6nths to complete.
~ / -
continued. - ....
4.
Honorable Mayor and City Council
Git%/ of Delray Beach -4- ~uly 29, 1970
In consideration of the comprehensive nature of the studies recommended above,
and the close correlation bet~veen the water and sewer projects, we are pre-
pared to offer full c~edit for the cost of each study listed under A, B and G
above--to be applied to the respective design fees for each study--when we
receive authorization to proc.~ed with final plans and contract documents for eon-
struction.
%Are further offer our services for assistance in the initial preparation and sub-
mittal of any applications for federal or state financial aid, for these projects.
In the event that further p;focessing or major revisions are required, we would
provide the necessary additional assistance, on a cost-multiplier basis, in
accordance with the current rates of compensation recommended by the American
Society of Civil Engineers Man~al for Consulting Engineering (latest edition).
If the City of Delray Beach wishes to. proceed with ~'ny of the projects included
in ~his proposal, we are avai~%ble for your immediate service.
S'.incerely,
" " RUSSELL &' AXON '
/ ' CONSULTING ENGINEERS, INC
~5istrict Engineer
~ ~'HK:mf
/ ¢¢: R/A Daytona ' "'
: /
134-E
PROPERTIES I~ VIOLATION OP ORDINANCES NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY cODE.
CITY
0 R..AND ADD ESS_ P OPER ,, DZS,CR P ZO , CODE
1. Lela Taylor Vacant part of Lot 6, 15-3
C/O Joseph Mack BlOck 25. &
3555 Ruth Street (317 N. W. 5th Avenue) 15-4
Houston, Texas 77004
~"~"~ 2 Ruth E Kannel Vacant part of Lot 15, 15-4
~ ~ 1405 Vermont Avenue Block 64.
Fort Wayne, Indiana 46805 (32'5 S. W. 1st Avenue)
3. Ellen & John Frazier, Jr. South 50' of North 200' of 15-~
303 N. W. 1st Street West 1~5' of South half of
Delray Beach, Florida 33444 Block 19. (111 N.W. 6th Avenue)
4. Rosemarie B. Lombardi Lot 10, Tropic Isle. 15-3
111 W. 94th Street, (936 McCleary Street) &
Apt. lC 15-4
New York, New York 10025
5. Louis N. & Virginia C. Pashoff Lot 12, Tropic Isle. 15-3
728 Benvenue Drive (920 McCleary Street)
St. Louis, MissOuri 63137 15-4
6. Gilbert Small Vacant part of Lot 16, " i5-4
44 University Avenue Block 46.
Providence, Rhode Island (203 S. W. 2nd Street)
02906
7. Joe R. Kern Lots 18 and 19, Block 3, 15-4
P. O. Box 1691 Atlantic Park Gardens.
Delray Beach, Florida 33444 (122-126 S. W. 12th Avenue)
8. Eino A. & Winifred M. Koski Lot 38, Haller& Grootman's S/D 15-3
16 Summer Street (429 N. E. 7th Avenue)
Woburn, Massachusetts 01801
9. Marion Sparks Peters Vacant part of Lot 18, 15-3
1402 Highland Lane Block 72. &
Delray Beach, Florida 33444 (322 S. E. 1st Avenue) 15-4
Violations 15-3 and I5-4 as concerns this report are as follows:,
15-4 - High weeds and undergrowth
2. 15-4 - Weeds and undergrowth
3. 15-4 - Weeds and undergrowth
4. 15-3.- Pine trees to be trimmed
15-4 - Undergrowth
5. 15-3 - Pine trees to be trimmed
15-4 - Undergrowth
6. 15-4 - Weeds and undergrowth
7. 15-4 - Weeds and undergrowth
8. 15-3 - Ficus Tree to be trimmed
9. 15-3 - Debris
15-4 - Weeds and. undergrowth
Submittecl. t° ~he City Council by the City Manager on this
the 10th day.of August, 1970.
96
134-F
RESOLUTION NO. 45-70.
A RESOLUTION RECOGNIZING Tm PUBLIC NEED FOR
~LOOD INSURANCE AND AUTHORIZING THE CITY
cOUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA,
TO TAKE WHATEVER ACTION IT DEEMS NECESSARY
TO COMPLY WITH THE FEDERAL FLOOD INSURANCE
PRO(~RAMo
WHEREAS, the City Of Delray Beach, Florida is a legally consti-
tuted 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' 69-139, and 69-234 of the Florida Sta'tu~es tO issue
flood plain regulations and effect flood control measures, and
WHEREAS, the City of Delray Beach, Florida recognizes the im-
mediate need for Flood Insurance for protection of the Publi.c, and
hereby desires ParticipatiQn in the Federal Flood Insur&nce~Program~
and
W~EREAS, the City Council of the City of Delray.B~ach, Florida
recognizes that certain properties within its bounda~{es are subject
to flooding and flood damage, and
WHEREAS, through the Charter of the City, -being Chapter 25786,
Special Acts of Florida, 1949, as amended, and the.Code of Ordinances
of the City of Delray Beach, Florida, the City maintains considerable
restrictions and codes designed to minimize ftood hazards, and
WHEREAS, the City of Delra~ .Beach, Florida will implement further
measures, determined as necessary, t0 recognize and evaluate flood
hazards and further measures relating ~o land use in flood plain are~s~
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida;
1. That it will recognize and evaluate flood hazards in all
actions relating to land use in the flood pl&~n, areas of the
properties under jurisdiction of the City of Delray Beach, Florida.
2. That it will enact by December 31, 1971, and maintain in
force adequate land use and control measures with effective enforce-
ment provisions consistent with the National Flood Insurance Pro-
gram criteria.
3. That it will cooperate with neighboring jurisdictions with
respect..~O~..adjoining drainage areas and flood plains in order to
prevent aggravation of the flooding problem, and will work with
appropriate state and federal agencies and bodies in every way ~
possible in complying with the Flood Insurance Program.
4. That the Ci'ty Council hereby appoints the City Manager of
the City of Delray Beach, Florida, as the official with the respon-
sibility, authority and means to implement the commitments made
herein.
PASSED AND ADOPTED in regular session of the Delray Beach City
Council this XOth day of August, 1970.
/S/ James H. Scheifley
VICE-MAYOR
ATTEST:
/S/ Hallie E. ]fates
City Clerk
· 134-G
RESOLUTION NO. 46-70.
A RESOLUTION OF THE CITY COUNCIL OF THE
,CITY OF DELRAy BEACH APPROVING DESIGNA-
TION OF INTERSTATE 95, STATE ROAD 9, AS
A LIMITED ACCESS FACILITY.
WHEREAS, the highway authorities of the state, counties,
cities, and villages acting alone or in cooperation with each
other.or with .any federal, state, or local agency of any other
state having authority to participate in the construction and
maintenance of highways, are hereby authorized to plan, desig-.
hate, establish, regulate, vacate, alter, improve, maintain,
and provide limited access facilities for the public use wher-
ever such authority or authorities are 'of the opinion that
traffic conditions, present or future, will justify such special
facilities; and
WHEREAS, the Secretary of Transportation has heretofore
designated Interstate 95, State Road 9, as a limited access
facility; and
WHEREAS, a portion or all of ~aid state road lies within
boundaries of the City of Delray Beach, County of Palm Beach,
Florida ~ and
WHEREAS, such limited access facility shall not be or
become a part or link of a municipal connecting-link .road as
defined by the highway code; and
WHEREAS,. it iS the finding of the Cit~' Council of, the City
of. Delray Beach that traffic conditions~, present or future, will
.justify 'such special facilities:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA:
SECTION 1. That said special facility designated as Inter-
state 95, State Road 9, County of Palm Beach, .Florida, is hereby
approved and. consented to, that a. copy of this Resolution shall
be spread upon. the minutes of this meeting, and a certified copy
hereof f~rnished to the State of Florida Department of Trans-
por tat ion.
PASSED AND ADOPTED in regular session on this the 10th day
of August., 1970.
,/S,/ jaymes H* Scheif. ley_
V I C E-M A Y O R
ATTEST:
/S/ Hallie E. Yates City Clerk
134-H
RESOLUTION NO. 47-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, PLORiDA, IN SUPPORT OF THE
REQUEST OF THE CITY OF BOYNTON BEACH FOR AN
INTERCHANGE ON FLORIDA'S TURNPIKE AT STATE
ROAD NO. 804.
WHEREAS, the City of Delray Beach is facing an ever increasing
traffics'problem; and
WHEREAS, Exit No. 7 at Delray Beach on State Road No. 806 on
Florida's Turnpike is utilized by. Delray Beach, BoYnton Beach,
Ocean Ridge, Briny Breezes, Highland Beach, GulfStream, Village of
Golf and Lantana~ and
WHEREAS, the population of these areas has increased~as follows~
J.:. 1960 1970 I~crease
Delray Beach 12,230 18,987 6,757
Boynton Beach 10,467 17,975 7,508
Ocean. Ridge 209 1,013 804
Briny Breezes 223 469 246
Highland Beach 65 327 252
Gulfstream 176 434 258
Village of Golf .. 35 42 7 '
Lantana 5,021 7,011 1,990
TOT~ 17,822~ and
WHEREAS, the above increase does not include figures for part-
time residents and tourists which is est~ated to be an increase of
~0%; and
WHEREAS, an additional interchange on Florida's Turnpike at
State Road No. 804, which would serve Boynton Beach, Ocean Ridge,
Briny Breezes, Village of Golf and Lantana, would result in less
traffic in and through Delray Beach; and
WHEREAS, the City of Boynton Beach is actively attempting to
obtain such interchange for Boynton BeaCh.
NOw, THEREFORE, BE IT RESOLVED that the City Council of Delray
Beach, Florida is in whole-hearted support of the request of the
City of Boyntbn Beach, Florida for an interchange at State Road No.
804.
That a copy of this resolutiOn shall be delivered by the City
Clerk to' the City of ~oyntOn Beach and Florida State Department of
TransportatiOn.
PASSED AND ADOPTED in regular session on this the 10th day of
August, 1970%
/S/ James ~. Scheifle¥ V T C E-M A Y 0 R
ATTEST:
/S/ Hattie E. Yates
RESOLUTION NO. 48-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, DESIGNATING PAYING
AGENTS IN CONNECTION WITH THE $4,150,000
GENERAL OBLIGATION BOND ISSUE ....
WHEREAS, this Council has heretofore,.by resolution duly
adopted on the 23rd day of March, 1970, provided for the is-
suance of $4,150,000 General Obligation Bonds of the City of
Delray Beach, Florida, for the purpose of financing the cost
of constructing and acquisition of Capital Improvements in
said City; and
WHEREAS, it is necessary to designate Paying agents in
connection therewith,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That the $4,150,000 General Obligation Bonds of the
City of Delray Beach, Florida, heretofore authorized by
Resolution adopted on March 23, 1970, shall be payable at
the Chase Manhattan Bank, N.A., New York, New York.
2. This resolution shall take effect immediately.
PASSED AND ADOPTED this the 10th day of August, 1970.
./~/ James H. Scheifle¥
V I C E~! A Y O R
ATTEST:
City Clerk
134~J
ORDINANCE NO. 28-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 35, LAKE
SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EX-
ISTING 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.
W~EREAS' PAUL A~ CARUSO and RUTH C. E. cARus°, his wife, are the
fee simple owners of the property hereinafter described, and
! WHEREAS, said PAUL A. CARUSO and RUTH C. E. CARUSO, his wife, by
their petition, have consented and given permission for the annexation
I 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 of the City Charter
of said city granted to it by the State of Florida:
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 tract of land located in Palm Beach County, Florida, which
lies contiguous to said 'City, to-wit:
That tract of land, namely Lot 35, LAKE SHORE ESTATES,
per Plat Book 25, Page 26, 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 tract 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 tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA, as defined by exist-
ing ordinances of the City of Delray Beach, Florida.
SECTION 4. That the land 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
i 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 remain-
ing portion.
PASSED and ADOPTED in regular session on the second and final
reading on the 10th day of August , 1970.
/S/ James H. Scheifle~
VICE-MAYOR
ATTEST:
/S/ Hallie E.. Y. ates
City Clerk
First Reading . July 27, 1970' Second Reading August 10, 1970