08-24-70 AUGUST 24, 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 MayDr J. L.
Saunders in.~the Chair, City Manager J. ~.ldon Mariott, City Attorney
~. Robert Pe~lows and Council members ~race $. Martin and James H.
Scheifley being present.
1. An opening prayer was delivered by Rev. J. R. Evans.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
X. Mayor Saunders announced that Mr. Pitts is on vacation and that
Mr. ~¥oungblood ~ is in the J. F. Kennedy Hospital as a result of a
broken arm.
3. The minutes of the regular Council meeting of August 10, 1970,
were unanimously al~proved, on motion by Mrs. Martin and seconded by
Mr. Scheifley.
4. The ~ity Clerk read a letter of appreciation, dated August 17,
1970, from Mr. CIarence Lane regarding his occupational license refund.
4. The City Clerk read a letter from Skip Crawford, Sponsor Chairman
of the 8th Annual Soap Box Derby of South Palm Beach County, thanking
the City for its cooperation and donation in helping make the Derby
a success.
5. Mr. Scheifley com4nended the City Manager and Administration for
their effort' in effeCting the ~demotition Of the b~i~ding west .Of
Worthing Park.
Mr. Scheifley said the looks of the City has been improved by the
filling of holes made by the Trash Loader's' when ~ollecting trash and
commended the City Manager for having that work done,
6.a. The City Manager reported that at its regular meeting of July
27, Council considered an offer from COunty Title & Abstract Company,
representing the property owner, to deed to the City for right-of-way
purposes the West 25 feet of two parcels of land in the East half of
Lot 11, Section 8-46-43, in exchange for removal of a nuisance abate-
ment lien against one of the parcels in the amount of $180.00. Council
was advised that there would be. no benefit in the City's ownership of
this property, but .that the owner of land in the immediate area might
be interested in obtaining it for access to his property and a letter
would be written to him in this regard. The offer was deferred for
further study at that time.
He further reported that no reply had been received from the
above-mentioned property owner, and the petitioner, because of a time
element involv, ed in .the sale of the property, requested that Council
reconsider the offer at the August 10 meeting, and following disCussion
at that meeting, Council' tabled the item and directed that it be placed
on the agenda of this meeting for further consideration.
~ollO~'g discussion, Mrs. Martin moved that the City accept this
~g~f~y in lieu of the $180.00 Nuisance Abatement Lien against
the parcel of land described as 125. feet by 33 feet and being part of
Lot 11, Section 8-46-43. The motion died for a lack of a second and
no action, was' taken on the ~tem.
6.b. The City Manager' reported that the five-year term of Mr. Kenneth
Jacobson as a member of the Planning and Zoning Board expires on
September 28, 1970, and at the regular meeting on August 18, the re-
maining members of the Planning and Zoning Board voted unanimously 'to
recommend that Mr. Jac~bson be reappointed to said Board for another
.five-year term expiring September 28, 1975.
-1- 8-24-70
'156
Mr. Sche£fley moved that Mr..Kenneth Jacobson be reappointe~ to th~
Planning and~ Zoning Board for a~five-year %erm, expiring September 28,
1975, the motion, being seconded by Mrs. Martin and unanimously carried.
6.c. Council unanimously acknowledged receipt of the July 8 and
August 12, 1970, Beautification Cor~nittee meeting minutes, on motion
by Mrs. Martin and s~conded by Mr. Scheifley.
6.d.. The City Manager re~rted that at the~.,regular meeting of July
27, Council referred to the Planning and Zoning Board for .study and
recommendation a petition from Mr. Robert M. Kinkead, acting as au-
thorized agent for the property owners,, for annexation of several
parcels of land in Section 18-46-43 located between West Atlantic
Avenue and Sudan Subdivision, subject to RM-1 zoning and~ water and
sewer service being made .available. The development proposed for
this land consists of one-story condominium buildings w~th four apart-
ments per building and a density of seven apartments per acre.
Further, inasmuch as approximatel~ ..ten acres of.the area petitioned
for annexation is now within 'the City limits and zoned R-1AA, the
Planning and Zoning Board"adVised Mr. K~nkead that. the tract in the
City should be eliminated from t~e.original;.annexation Petition and
a separate requeet be submitted to Council for rezoning thereof from
R-1AA '(Single Family Dwelling District) to RM,-1 (Multiple Family
Dwell.ing District).
The City Manager informed Council that~a petition has been received
from Mr.. Kinkead, .representing the property owners, requesting rezon-
ing of said tract, described as the NW% of .the NE¼ of the SW¼, Section
18-46-43, from. R-1AA (Single F~ily Dwelling District) to..RM-1 (Mul-
tiple Family Dwelling District)~ subjec~t to .the same conditions stip-
ulated in the above-mentioned annexation petition, namely water and
sewer services being made available.
Mr. Scheifley moved that the two petitions be referred to the Plan~
ning and Zoning Board for further study and recommendation, the motion
being seconded by Mrs. Martin and unanimously carried.
7.a. The City Manager informed Council that petitions have been
ceived, signed by all but one of the residents of Lake Shore D~ve,
(N. W. 9th.-Street) requesting that the offieial plat of Lake Ida
Shores Subdivision, .. as shown in Plat Book 25, Page 54, Public Records
of palm Beach County, be amended-to show that portion of N. W. 9th
Street extending westerly, from N. W. 8th Avenue to a dead end as Lake
Shore Drive, the reasons for said change being outlined in the peri-. · .
tion. .
Mr. George.~in, one of the petitioners,, informed Council that he
had received a call from Attorney Neil MacMillan this evening, inform-
ing him that's also in favor of said street name change, even though
he lives in the County.
Said request for changing the name of N. W. 9th Street,-from N. W.
8th Avenue West to a dead ..e~d, to Lake Shore: Drive was-unanimously
approved, on.-motion by Mrs. Mart£n and seconded by Mr. Sche~fley.
7.b. City Manager Mariott informed Council that a petition has been
received from Mr. Charles W. Heavener, Manager of a business operating
under the name of "Pep-O Shop-A-Go-Go", lo'cated at 805 West At~antic
Avenue, for a license tO sell beer only for consumption off the prem-
ises. Further, the applicant having been investigated in the usual
manner by the State Beverage Department 'and local law enforcement of-
f~cials and approved, it is recommended the request be granted.
Said request was unanimously approved, on motion by Mr. Scheifley
and seconded by Mrs. Martin.
-2-- 8-24-70
137
8.a. The City Manager presented RESOLUTION NO. 49-70.
A RESOLUTION OF THE-CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; S~TTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH 'ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY IN AN AMOUNT.~AS SHOWN BY RE-
PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 49-70 and attached assessments are attached
to the official copy of these minutes,-} See pages 140-A-B.
Resolution No. 49-70 was unanimously passed and adopted on first
and final reading, on motion by Mrs. Martin and seconded by Mr.
Scheifley.
8.b. City 'Manager Mariott presented RESOLUTION NO. 50-~0.
A RESOLUTION OF THE ~T~ COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA,. ACCEPTING SEWAGE WORKS PROJECT - SOUTH-
EAST AREA' PROJECT NO. 5964-8c', .INCLUDING THE FIVE SUP-
PLEMENTAL AGREEMENT CHANGE ORDERS TO ,SAID PROJECT, AS
COMPLETED AND OPERATIONAL AND CONFIRMING THE EFFECTIVE
DATES FOR THE INITIAL SCHEDULE OF RATES, FEES AND OTHER
CHARGES TO BE IMPOSED FOR THE SERVICES AND.FACILITIES
FURNISHED BY SAID SEWAGE WORKS PROJECT - SOUTHEAST AREA
PROJECT NO. 5964-8c INCLUDING SAID SUPPLEMENTAL AGREE-
MENT CHANGE ORDERS THERETO.
(Copy of Resolution No. 50--70 is attached to the official co~y of
these minutes.) ~e /~k~es
Resolution No. 50-70 was unanimously passed and adopted on first
and final reading, on motion by Mr. Scheifley and seconded by Mrs.
Martin.
8.c. The City Manager presented RESOLUTION NO. 51-70.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRA¥ BEACH,' FLORIDA, APPROVING
APPLICATION FOR LOW-RENT HOUSING.
(Copy of-Resolution No. 51-70 is attached to the official copy of
these minutes.) See page 140-E.
Resolution No. 51-70 wa~ unanimously passed and adopted on first
and final reading, on motion by Mrs. Martin and seconded by.Mr.
Scheifley.
8.d. The City Manager presented ORDINANCE NO. 15'70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA~ ANNEXING TO THE CITY OF
DELRAY BEACH, CERTAIN LANDS LOCATED IN SECTION
· ' 18, TOWNSHIP 46 SOUTH, RANGE 43 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 PRO-
VIDING FOR THE ZONING THEREOF.
He reported that said Ordinance providing for annexation of a tract
of land located at 2901-2915 West Atlantic Avenue with an RM-1 zoning
classification was placed on first reading on May 11 and, following
required advertisement, was presented to Council on second reading on
May 25, at which time a Public Hearing was held. The Ordinance was
· then tabled for three months with the possibility in mind that more
-3- 8-2.4-70
might be known concerning the-ultimate recommendations of Bart., Dunlop
& Associates for the Westward Expansion .Area. Further, there has been
no report at this time from the~ planning Consultaats what their over-
all recommendations as to zoning might be, and in checking with the
Planning and Zoning Board SeCretary today, it appears to the Board
that even preliminary word. in that regard would .not be forthcoming un-
til at least January.
During -.discUssion, Mr. RObert .Kinkead, representing the petitioner,
informed Council that a duplex has been constructed on said property,
with construction of another one planned, and the delay would not work
a hardship on the petitioner as there is no sewer and water available
to the property at this~ time.
Following discussion, Mr. Scheifley moved that Ordinance No. 15-70
be tabled .until the first of January, 1971, the motion being seconded
by Mrs. Martin and unanimously carried.
8.e. The City Manager presented ORDINANCE NO. 29-70.
AN ORDINANCE OF, THE CIT~ COUNCIL O~ THE
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
29-7.5~, CHAPTER 29 OF THE CITY'S CODE OF
ORDINANCES PERTAINING TO SITE PLAN APPROVAL
REGULATIONS.
Ordinance No. 9-9-70 was unanimously placed on first reading, on
motion by Mrs. Martin and seconded by Mr. Scheifley.
Mr. Ernest F. Schier ~nquired about the cohstruction at 250 South
Ocean Boulevard, which took place the day before the building permit
expired and asked if that would be considered under this Ordinance.
He was informed that this Ordinance .applies to a time limit on Site
Plan ApproPals. .'~ ..... ~.L.
The City Manager was asked to investigate the time limit on con-
struction after a building permit has been issued and construction
.started.
9.a. The City Manager reported that the Planning and Zoning Board at
its regular meeting of AugUst 18, voted unanimously to recommend to
Council that the the front yard setbacks in all R-iAA Zoning Districts
be changed from 30 to 25 feet. Also, a motion' was .~nanimously passed
to recommend that a Public Hearing be held for.the rezoning of Tropic
Isle Subdivision, Section One, from R-lA to R-1AA, as there are 108
lots in said Section One with R-lA Zoning, whereas the remaining
single family lots in. Tropic Isle SUbdivision are zoned R-1AA.
After discussion, Mr. Scheifley moved that an Ordinance be prepared
by the City Attorney changing the front yard setbacks in R-1AA zoning
classification from 30 to 25 feet, the motion being seconded by Mrs.
Martin and unanimously carried.
Regarding rezoning of Tropic Isle Section One from R-iA to R-1AA,
Mr o Scheifley moved that this item be tabled till ~October 1, due to
many residents in Tropic Isle being out of town until that time. The
motion was seconded by Mrs. Martin and unanimously carried.
9.b. The C~ty Manager ~eported that at the regular meeting of June
8, Council referred to the Planning and Zoning Board for study and
recommendation a request from Mr. Robert M. Kinkead, acting as author-
ized agent for the property owner, for annexation of Lots 1-20, Block
23; Lots 12-33, Block 22; Lots 1-10 and 57-66, Block 35; Lots 12-33,
Block 36; all being in Del-Raton Park Subdivision, with a C-2 Zoning
Classification and contingent upon abandonment of those portions of
Frederick Boulevard and Avenue "E" and easements of record within the
above-described tract of land, with the understanding that a 10-foot
easement over the North 10 feet of the South 25 feet of Avenue "E"
would be dedicated to the City. He further reported that following
a study of the Site PIan of Tropic Bay condominium and further detail.-
ed discO"salon, the Planning and Zoning Board, at its meeting of August
18, unanimously passed 'a motion to recon~end to Council that the
-4- 8-24-70
.39
request for~ annexation .of said lands with a C-2 Zoning Classification
and the abandonment of Frederick Boulevard be granted, but that the
abandonmen~ of Avenue "E,' be. denied, as this. is.a mear~ of ingress
and egress for Tropic Isle Subdivision. Further, that Mr. Kinkead
was contacted :by telephone on August 21 and is agreeable to the Plan-
ning Board's recommendation, as. stated above.
Mrs. Martin moved to accept the Planning and ~oning Board's recom-
mendation and annex said properties 'in Del-Raton Park S~bdivision with
a C-2 Zoning, not abandoning Avenue "E", bu~ abandoning Frederick
Boulevard except for that portion which is included in Avenue "E".
The motion was seconded by Mr. Scheifley and unanimously carried.
10.a. Mrs. Grace Olse~ presented Council with a petition containing
72 signatures opposing the burning at the City dump.
Mayor Saunders informed Mrs~ Olsen that in order~ to prevent reoccur-
fence of fires at the Dump, the City Council has agreed that the en-
tire area be covered with sand, at a cost of approximdtely $4,000.
Further, there are plans to beautify the area by asphalting., the ramp
at the Transfer Station and planting of shrubbery.
10.b. In regard to covering the City ~Dump with sand, the City Manager
recommended that the funds in the amount of $4,000., be paid from the
1970-71 Budget, but arrangements would be made this week to get the
work done.
Mr. Scheifley re.ported that all trash and garbage is .beiDg trans-
ferred to th9 county Dump with n0th~ng, being deposited at the City
Dump and there would be nothing there to. burn ~n the future,
lO.b. Mayor Saund~ers· said ithat.plans had been discussed months ago
that the old City Hall and Police. Station Building would be demolishe~
in September, and asked that said a:rrangements be made. Further, that
the .area would then be ready for paving i~. Oc.tobe~r ~nder the new
Budget.
10.b. The City Manager informed Coungil .th.a~ bids were OPened a few
days ago for an extension of the Water System, which essentially con-
sists of thr,ee'.'.things. They are the i~stallation of. a. new pump and
motor on a.new.~.well at S'.' W, 8th .COurt; the relocation of 'several
pumps and motors °n.water~-producing. wells; and the installation of an
18-inch water transmission line from the vicinity. . of the Fire Station
northward on N. W.. 1st Avenue to the .North' Water Plant. Further, bids
were taken in two .parts, the Base Bid~being for the ,installation of
the exact materi~l cal!ed for in the specifications and the Alternate
Bid being the Contractor's proposal for equipment "equal to" that
specified, the bids received being as-.follows..
.B.!DDER ~ASE.. BID . ALTERNAT. E ,BID TIME
Onont.arto Corp. ~
West Palm Beach, Florida -$61,520.00 None 120 days
Alsay Drilling Inc.
Lake Worth, Florida $62,899.00 $62,399.00 180 days
LaGroW Irrigation Systems
Lake Placid, Florida $7'1,530.75 None 150 days
Meridith COrp.
Orlando, Florida $67,994.85 $67,.485..85 180 days
Intercounty Construction Corp.
Ft. Lauderdale, Florida $69.~815.54' $68,681.54 180 days
As reported in a~memorandum from tke city Engineer, dated'August
24, the City Manager pointed.out 'that the low bidder, Onon~tocorpo-~
ration,' failed'to submit their ~roposal in triplicate, as-calle~ fo=
8-24-70
in the specifications, however, the. City Attorney has ruled that, in
accordance with the wording of the specifications, this technicality
may be legally waived; further, that .all bids received were below the
Engineers' (Russell & Axon) Estimate of $76,193., with the low base
bid being 19.2% below that figure.
The City Manager informed Council that Russell' & Axon Consulting
Engineers, under date of AugUst 21, 1970, recommend that the Contract
be awarded to Onontario Corporation in the amount of $61,520.00 in ac-
cordance with their bid and the Contract Specifications, and that he
and the City Engineer concur in that recommendation. The City Manager
further recommended that if this contract is awarded, authorization be
made for the money to provide for same be taken from the Contingency
Account of the Water and Sewer Fund of the'. 1970-71 Budget.
Mr. Scheifley moved that the low bid of Onontario Corporation in
the amount of $61,520.00 be accepted and that the funds to cover same
be taken from the Water and .Sewer Contingency Fund, as recommended by
the City Manager, the motion being seconded by Mrs. Martin and unani-
mously carried. ~
10.b. Mr.. George Olson requested the installation of a delayed-light
on South Swinton Avenue at 10th Street, before s~hool starts.
The City Manager reported that this item was included in the pro-
posed County Budget, but the City has not at this time been informed
if the proposed Budget has been accepted.
10.b. Mayor Saunders reported that at the request of members of
Council, he had contacted Attorney I. C. Smith regarding serving as
City Prosecutor for the remainder of this year, and that Attorney
Smith said he could accept that appointment as of September 15.
Mrs. Martin moved that Attorney I. C. Smith be appointed as City
Prosecutor, effective September 15, for the balance of this year, the
motion being seconded by Mr. Scheifley amd unanimously ca=tied.
10.b. Mayor Saunders announced that there would be a Special Council
meeting at 12:00 o'clock noon, Tuesday, September 1, for the purpose
of receiving and opening bids on the $4,150,000 General Obligation
Bond Issue and the $570,000 Utilities Tax Revenue Certificates, Series
1967, and that the public is invited to attend said meeting.
10.c. City Manager Mar~ott presented the following Bills for Approval:
General Fund $227,216.34
Water Revenue Fund $106,496.72
Water Operating & Maintenance Fund $ 7,918.09
Special Assessment Fund $ 495.00
Sinking Fund, Cigarette Tax Bonds $ 48,940.00
Refundable Deposits Fund $ 1,727.08
Capital Improvements Construction Fund $ 10,878.58
The bills were unanimously approved for payment, on motion by Mr.
Scheifley and seconded by Mrs. Martin.
The meeting adjourned at 9:10 P.M.
HALLIE E. YATES
City Clerk
MAYOR "
-6- 8-24-70
!40-A
RESOLUTION NO. 49-70.
A~ RESOLUTION OF THE CITY COUNCIL OF T~ CITY ~ D~.~RAY B~ACH,
FLORIDA, ASSESSING cOsTs FOR ABATING NUISANCE~ UPON CERTAIN
LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS IN-
CURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ABATEMENT OF SAID NUiSANC~S, AND DECLARING
SAID T.~VY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS
SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BBACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach, did, in
regular /~//~//////~ //.// session held on the _~23rd .of_March and _ .
25th.o.f Ma~y,. 19,70 ....... declare the existence of a nuisance
upon certain lots or par~deis of land, described' in a list submitted to
them, for violation of the provisions of Ordinance NO. G-147;
WHEREAS, pursuant to such declaration, the City Clerk of said City
did furnish each of the respective owners of the lands described in
said list with a notice describing the nature of the nuisance and that
they must abate said nuisance within thirty (30) days, failing in which
the City Council would have it done, and the cost thereof would be
levied as an assessment against said property; and
WHEREAS, the owners hereinafter named did fail and neglect to abate
the nuisance existing upon their respective lands within the time" pre-
scribed in said notice and Ordinance G-147, and the-City of Delray
Beach was required to and did enter upon the following lands and incur
costs in abating the nuisance existing thereon as described in the
aforesaid list; and
WHEREAS, ~he City Manager of the City of Delray Beach, has, pursuant
to said Ordinance G-147 and- the City Charter submitted to the City Coun-
cil a report of the. costs incurred in abating the nuisance as aforesaid,
said report indicating the costs per parcel of land involved.
NOW, T~EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That assessments in the individual amounts as shown by the report
of the City Manager. of the City of Delray Beach, involvin~ the City's
cost of abating the aforesaid nuisances upon the lots or parcels of
land described in said report, a copy of 'which is attached hereto and
made a part hereof, are levied against the parcels of land described on
said report and in the amounts indicated thereon. Said assessments so
levied shall be a lien upon the respective lots and parcels of land de-
scribed in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as city taxes are collectible l
2. That the City Clerk of said City shall, as soon as possible after
the effective date, record a certified copy of this resolution in the
office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, and shall furnish to each of the owners named in and upon said
report a' notice' that the City Council of the City of Delray Beach, did,
on the 23rd or,March and 25th of May,_ 197'0
order the aba~e~ent ofa 'ce'train-nuisance existing on their described
property and property owner having failed to abate such nuisance, with-
in the 30 day period, whereupon it was abated by the City at costs
shown in said report and such assessments shall be legal, valid and
· binding obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 days from the
date of adoption, and the assessments contained herein shall become due
and payable thirty days after the mailing date of the notice.of said
assessment, after which interest shall accrue at the rate of 6% per
annum on any unpaid portion thereof..
PASSED AND ADOPTED in 7eq~ul~.ar.... session on the _. ~4th ... day of
August . A.D. 19~0.~.
ATTEST: /S/ Jf L,., Saunders MAYOR
,/,S/ Hallie E. %fates
140-B
COST OF ABATING NUISANCES UNDER ORD~NBI~CESNO. G-147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
M. arch 23, 1970 list.
South 800' of North_1655' of East
425' of that part of'SE¼ of Sec-
tion 19-46-43 lying West of West
right-of-way line of S.A.L.R.%~ John D. Cole $300.00
May 25, 197'0 list.
Lot 8, .Block 11, Seagate Section "A". Willis Investment Co. $138.00
140-C
RESOLUTION NO. 50-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ACCEPTING SEWAGE
WORKS PROJECT - SOUTHEAST AREA PROJECT NO.
5964-8c, INCLUDING THE FIVE SUPPLEMENTAL
AGREEMENT CHANGE ORDERS TO SAID PROJECT, AS
COMPLETED AND OPERATIONAL AND CONFIRMING THE
EFFECTIVE DATES FOR THE INITIAL 'SCHEDULE OF
RATES, FEES AND OTHER CHARGES TO BE IMPOSED
FOR THE SERVICES AND FACILITIES FURNISHED BY
SAID SEWAGE WORKS PROJECT - SOUTHEAST AREA
PROJECT NO. 5964-8c INCLUDING SAID SUPPLEMEN'
TAL AGREEMENT CHANGE ORDERS THERETO.
WHEREAS, the City entered into a contract for engineering serv-
ices with Russell & Axon Consulting Engineers, on the 30th day of
September, 1959, and
WHEREAS, pursuant to said contract, Russell & Axon designed an
ocean outfall sewer system together with lift stations and other
sanitary sewer improvements, hereinafter referred to as Project No.
5964-8c, and
WHEREAS, Russell & Axon was hired to perform consulting and
resident inspection services for Sewage Works Project - Southeast
Area Project No. 5964~8¢, which includes the gravity main known as
the 'S. E. Interceptor extending from Avenue'E on South U. S. High-
way No. I northward to its terminus at. Lift Station No. 1 located
near the DelraY BeaCh Womens Club; Lift Stations .32, 33 and 34 and
their respective force mains, and portions of gravity mains 33 and
34 and sewer laterals 33a, 33b, 34e and 34i, and
WHEREAS, it Was deemed to be in the best interest of the affect-
ed properties that the initial schedule of rates, fees and other
charges be imposed for the services and faCilities furnished by
Lift Station No. 33 serving the Tropic Harbor Development, per let-
ter from Russell & Axon dated March 24, 1969, to be effective on
the first day of April, 1969, and
W~EREAS, it was deemed 'by CoUncil, at its regular meeting on
February. 24, 1970, to be in the best interest of the affected prop-
erties that the initial schedule of rates, fees and other charges
be imposed for the services and facilities furnished by Main 34,
running southward on Lindeil Boulevard from Lift Station NO. 34,
said Main 34 being authorized by Sup~Dlemental Agreement No. '4
Change Order. to sewage Works Project - Southeast Area Project No,
5964-8c, to become effective on the first day of April, 1970,
cluding laterals 34e and 34i, and
WHEREAS, Russell & Axon has recently recommended that the City
of Delray Beach accept the Sewage Works Project - Southeast Area
Project No. 5964-8c, and Supplemental~Agreements thereto, as com-
plete and operational.
NOW, THEREFORE, BE IT RESOLVED BY TH~ CITY COUNCIL OF T~E CITY
OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
140-D
Page 2.
RESOLUTION NO, 50-70.
1. That Sewage Works Project - Southeast Area Project No.
5964-8c, and SuBplemental Agreements thereto, i~ hereby accepted
by the city as ~eing completed and operational, and the initial
schedule of rates, fees and other charges previously established,
and applicable thereto, being effective as stated above.
2. That nothing herein' contained shall be construed as dis-
charging the contractors from the strict performance of their re-
maining ¢ontractural duties. That each of the contractors, and
their bonding companies, remain responsible in all~ r.espects until
released in accordance with their agreements with the City.
Passed ..and ~dopted this 24th day of August, 1970.
/S/~ J._ L., ................... Saun49rs MAYOR
ATTEST:
/S/.Hgl.lie E. Yates City Clerk
140-E
RESOLUTION NO. 51-70.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
APPLICATION FOR LOW-RENT HOUSING.
WHEREAS, it is the policY of this locality to eliminate sub-
standard and other inadequate housing, to prevent the spread of
slums and blight, and to realize as soon as feasible the goal of ~
decent home in a suitable living environment for all of its citizens;
and
WHEREAS, under the provisions of the United States Housing Act
of 1937, as amended, the United States of America (herein called the
"Government") is'authorized to Provide' financial assistance to local
public housing agencies for preliminary planning' of developing low-
rent housing units Or for 'leasing dwelling units in existing private-
ly-owned structures, that will assist'in meeting this goal; 'and
WHEREAS, the Act provides that there shall be local determina-
tion of need for low-rent housing to meet needs not being adequately
met by private enterprise and that the Government shall not make any
contract with a public housing agency for preliminary loans for sur-
veys and planning in respect to any low-rent housing Projects unless
the governing body of the locality involved has by resolution approv-
ed the application of the public housing agency for such preliminary
loan; and
WHEREAS, leasing of dwelling units under Section 23 of the Act
requires approval of leasing units by the local governing body; and
WHEREAS, the Delray Beach Housing Authority (herein called the
"Local Authority") is a public housing agency and is applying to the
Government for iow-rent housing.
NOW, THEREFORE, be it resolved by the City Council of the City
of Delray Beach of Delray Beach~ Florida as followS:
1. There exists in the City of Delray Beach, Florida
a need for such low-rent housing at rents within
the means of low-income families.
2. The application of the Local Authority to the
Government for a preliminary loan in an amount
~- not to exceed $140,000.00 for surveys and planning
! in connection with low-rent housing, projects of
not to exceed approximately 350 dwelling units is
. , hereby approved.
PASSED and ADOPTED in regular session on this the 24th day of
August, 1970.
/S/ J, .,L,. S..~unders
MAYOR
ATTE S T:
~S/ Hall ie E .~ ~at,e9 City Clerk
68~