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05-12-69 '75 MAY 12, 1969· 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 Mayor J. L. Saunders in the Chair, City Manager David M. Gatchel, City Attorney G. Robert Fellows, and 'Councilmen John L. Pitts% III, James Ho Scheifley, James B. Wilson and O. F. Youngblood being present~ 1. An opening Prayer was delivered by Dr. Frederic F. Bush, Jr. 2. The Pledge of Allegiance to'-the Flag of the United States of America was given. X. Mayor Saunders welcomed Councilman Wilson bac~ from vacation during which time he was absent from the last two Council meetings. 3. The minutes of the regular Council meeting of'April28th, 1969, were unanimously approved, on motion by Br. Youngblood and seconded by Mr. Pitts. 4. City Clerk Worthing read the following letter from the Delray Beach Fire Fighters InternationalAssociation of Fire Fighters Local 1842, dated May 10, 1969, and signed by its four officers: "We the. members of the Fire Department of the City of Delray Beach wish to inform you that we have organized, petitioned and now have been accepted in affiliation with the International Association of 'Fire Fighters as 'Local number 1842.- This is in accordance with Laws of Florida, Chapter 839-221 (Right to Organize. and~ to Negotiate)· It is our sincere wish that this will bring about a better line of direct communication with the Mayor, Councilmen, and City Manager tO Better serve the tax-payers in their daily needs of public 'safety and also to improve Communication of the problems of the men of this department. We would appreciate a 'get-acquainted' meeting with you at some time in the near future." Mayor Saunders asked that the City Manager arrange a meeting of Council and the Fire Fighters Local 1842, as suggested. 4. The City Clerk read a letter from Mr,' Herbert K. Smock, President of the National Shuffleboard Association, Inc., dated May 9th, expressing extreme pleasure for the unanimous approval of Council in cooperating with the Chamber of Commerce, who will sponsor the National Doubles Shuffleboard Tournament at the Delray Beach RecreatiOn Club in January, 1970 4. The City Clerk read the following press release~ "At the Governor's Dinner held in Orlando, Florida, in connec- tion with the 8th Annual Florida Industries Exposition, Governor Claude Kirk presented eight organizations with the new 'Florida Governor's Award' for distinguished plants completed in Florida during 1968. The eight plants receiving the awards were select- ed from over 600 new plants completed in Florida in 1968. orbit Communications' new plant in Delray Beach was among the e~ght selected to receive the award. Governor Kirk made the a- ward to Orbit Communications and was received by George W. Wall, Jr., President of Orbit Communications- a division of Harvey Hubbell Incorporated· The other seven award winners included McDonnell Douglas and two awards to Westinghouse Electric Co. Mr. Wall announced that Orbit Communications employment had - more than doubled since the plant began operations in Florida in August of 1968. Present employment at the Delray plant is now in excess of fifty." ¸76 5. Mr. Pitts introduced the champion golfer in his family, his father, Mro John Pitts, Sr. 5. Mr. Pitts said the proposed mining of limestone from Lake Okeechobee had been mentioned at the .last Council meeting, and he believes the Council is now familiar with that item. He then moved that a Resolu- tion bepassed, to be sent to Representative Paul Rogers, protesting the mining of Lake Okeechobee, the motion being seconded by Mr. Wilson and carriedunanimously. RESOLUTION NO. 26-69. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CONCERNIN~ PROPOSED MINING OF LAKE OKEECHOBEE FOR CALCITE LIMESTONE. (Copy of Resolution No. 26-69 is attached to the official copy of these minutes.) See page 82-D. It was announced there would be a hearing on this item in West Palm Beach on June 12th, and'Mayer Saunders suggested that Council attend that hearing. 9, Mr. Pitts referred to a news article concerning the condition of tbs City's Sanitary Land Fill, and suggested that a workshop meeting be held on that item. Mayor Saunders reported that a meeting will be held onthat item in the very near future. 5o Mr. Scheifley said that the trash and Sanitary Land Fill are problems confronting the City and Council, and another problem is the condition of the Citywater. He said he hadrequeSted several weeks ago that a formal preSentatiOn by a commercial representative be given to Council on the various possibilities of desalinization, and that he hopes it will soon be forthcoming. 5. Mr. Youngblood said he had received complaints from citizens of the southwest section of Delray Beach concerning lack of trash pickup. · '".The City Manager reported that the garbage and trash pickups are now back on schedule. 5o Mayor Saunders read a PROCLAMATION proclaimingMay 12 - 17, 1969, au ARMED FORCES WEEK and presented same to Sgto Robert W. Exner, Jr. The Mayor said he had attended a breakfast at Stouffer~s..Restaurant in West Palm Beach, this morning for the kick-off of Armed Forces Week~ 5. The Mayor rea~ a PROCLAMATION, proclaiming May 22, 1969, as NATIONAL MARITIM~ DAY, to honor the men and ships of the American Merchant Marine. 5. The Mayor read a PROCLAMATION proclaiming May 18 - 54, 1969, as REALTOR WEEK and urged the citizens to join with the Delray Beach Board of Realtors in its observance. 6.a. Concerning a survey of lands in violation of the City's nuisance laws, presented by the.CityManager, Mr. Scheifley moved that the City Clerk be instructed to proceed with the enforcement of Chapter 15 of the City Code of Ordinances, the motion being seconded by Mr. Wilson and unanimously carried. (Copy of Nuisance Survey is attached to the official copy of these minutes.) See pages 82-A-B. 6.b. Concerning Congress Avenue extension, City Manager Gatchel repo~t- ed to Council as follows: "The County Engineer's office has furnished the City with a right- of-way map reflecting the County's tentative plans of extending CONGRESS AVENUE from West Atlantic Avenue to S. W. 12th Street. Such extension, further providing for an appreciable ~ncrease in right- of-way width thereof, from the present width of 60 feet to 106' feet, -2- 5-12-~9 will create an engineering problem ~ the design aspects, involving vehicular speed, super elevation, eight distance, and super eleva- tion transitions. The physical conditions of the abutting properties do not appear to be seriously affected by t~e County's plans for this improvement of Congress Avenue. The owners,~or their representatives, of ALL properties adjacent to said portion of Congress Avenue, intended to be widened and improved by the County, have been personally con- tacted by the administration and made acquainted with the tentative plans of the County for such right-of-way improvement. No definite objections were received from any property owner, and, it is there- fore recommended that Council accept the proposed 'Tentative Plans' for Congress Avenue Extension over previouslyident~ffed S, W. 20th Avenue in order that the County Engineering Division may finalize such right-of-way map, copy of which is on file in the City Clerk's office." The City Manager also read the following letter from Mr. George W. Wall, Jr., dated May 6, 1969, addressed to Mayor J. L. Saunders= i wash to thank you for your cooperation in attending the meeting at Delray City Hall on April 29th to consider a revised plan for the widening of Congress Avenue. We at Orbit are pleased with the proposed revised plan 'and thank you for your cooperation. I am sure you will be interested in the enclosed news release concerning the Governor's Award made to Orbit for one of the eight .outstanding industrial plants completed in Florida in 1968. I am sure you can share our concern that the appearance of the Congress Avenue plant be preserved as mUCh~s~possible when the necessary widening~ of~ongress Avenue is undertaken." ~r. wi'~son 'moved "t~at the-CounCil accept said pr0posed~TentatiVe Plans for Congress Avenue ~tensiOn,'.the motion b~ing seconded~byMr. ~Oungbloo~ a,d' Unanimously c~r~f~a~, ..~ ~.~ · MaYOr SaUnders reported this would be a 106 foot 'right-Of~way with a me~ian Strip. 6.c.-.The .City Manager informed CounCil that the Ministerial Associa- t£on," sponsors of the summer day camp at Lake Ida ~n'1967 has requested C6U~cil approval ~or ~h~ year's'DaY.'Camp to be. operated by'the ~park~ and 'Recreation Department, Which is satis~act0r~ ~to, and endorsed~by, "the Department'~ Direct°r, Mr~ Alfred Elliot%. 'Further, County CommiSsioner George V. Warren has assured Mr. Elliott that the C~ubhou~e at Lak~ Ida will be'available'for the desired eight'-week camp period commencing June' 15th~ 'Rev. Carl Storey, President of the Ministerial ASsociati°n~ has assured'Mr.' Elliott that the~aptist Chur~ 'bus will beavailable fo~' providing'transportation, .and the AsSOciationwill'~as~St ~£th the. project by providing assistande to needy'children, conducting d~ly Bible 'Study and assisting in the staffing Of 'the Ca~p~ Said-'request '~or"the"Park~ and'ReCreation Department to Operate the Day'camP.this summer was unanimously approved, on motion by Mr.. YoUn~blOod .~nd seconded by Mr. Wilson. 6.d. City. Manager-Gatchel informed'Council that a "license", requested by the City, .for installing a~ 16" water main across S. W. 12th Street within the east.right-of-way of GermantoWn Road and S~ w. 4th Avenue, has bee~ granted'~y the County Engin&ering DiviSiOn subject to the CitY's acceptance.~'of the provisions of Chapters 124.42, .338.18 and 33S.19~~ Florida Statutes of 1957 and other ~eneral COnditions - NO. 1 thru 12, as applicable, and the following condition: "S-1 That this work will be coordinated with the contractor con- struct~ng. S. W, 12th Street in a manner that will-cause' no'delay to, or conflict ~uring Uonstruction." The .CitY Manager said' that copies of said Florida Statutes and Genera1 COndit'ions had been furnished to Council and authorization for e~ecution of'an acceptance of this license (permit) is recommend- ed~ further, thiS'is a p~rt of the Master Plan for the extension of the water transmission 'system~ and it is felt advisable-to install ~his water li~e Un, er S. W.' 12th Street as it is being constructed. Mr. Scheifley moved that authorization for execution of an accept- ance of this license be approved, the motion being seconded by Mr. Wilson and Unanimously carried. 7.a. City Clerk Worthing informed Council of a request for abandon- ment of .that part of N. W. 3rd Avenu~ extending southerly from N. W. 7th Street a distance of 140 feet and dead-ending at the southerly end thereof, said request being submitted by the owners of the two proper- ties abutting said portion of N. W. 3rd Avenue, which 140 foot right- of-way, though previously graded and paved, serves no purpose and could not be extended southward therefrom due to the improved lands of Chevy Chase S/D. Further, Council may deny or grant this request or refer same to the Planning and Zoning Board for its review and recOm- mendation. Said request for abandonment was unanimously referred to the Plan- ning and Zoning Board for study and recommendation, and that said Board check with the Fire Department to determine if that portion of N. W. 3rd Avenue offers any'advantage to them in that area, on motion by Mr. ~Wilson and seconded by Mr. Youngblood. 7.b. A request for rezoning from RM-2 (Multiple Family Dwelling Dis- trict) to C-2 (General Commercial District) of the South 58 feet of Lot 6, Block 78, located at 135 S. E. 1st Avenue, was unanimously re- ferred to the Planning and Zoning Board for a public hearing and rec- ommendation to Council, on motion by Mr. Scheifley and seconded by Mr. Wilson. 7.c. Council was informed that Mr. &Mrs. Charles R. Bingham, owners of property abutting the Intracoastal Waterway and S. E. 5th Street, have requested abandonment of that part of S. E. 5th Street and cul-de- saclying adjacent to and north of their property. Said request was unanimously referred to the Plan~ing and Zoning Board for study and recommendation, on motion by Mr. Youngblood and seconded by Mr. Pitts. 7.d..CityClerk Worthing informed Council that the Delray Beach Police Benevolent Association, at a special meeting held ohM ay 8th, awarded a contract for the construction of a .building to be used for recrea- tional, educational and welfare purposes of the City and particularly the Police Department of the City andfor NO OTHER PURPOSES, such lng one of the restrictive covenants contained in the Deed fromthe Grimes Manufacturing Company conveying certain land, comprising approx- imately 4.6 acres, to the City of Delray Beach. He said that the Delray Beach Police Benevolent Association requests.the City to pro- vide the Association with a 99-Year lease of said tract of land as described in the deed dated November 9, 1965, conveying said land for the limited development purposes as stated. said~request by the Police Benevolent Association for a 99-year lease was un.animausly granted, on motion by Mr. Wilson and seconded by Mr. Youngblood' 8.a. City Clerk Worthing presented RESOLUTION NO. 24-69. A RESOLUTION OF THE CITY COUNCIL OF THE cITy OF~DE~Y BEACH, FLORIDA, REQUESTING T~ PALM BEACH COUNTY COM- MISSION TO RECOGNIZE THE CRITICAL NEED FOR, AND PROVIDE CONSTRUCTION OF, THE PROPOSED SOUTH TWELFTH STREET BRIDGE OVER THE INTRACOASTALWATERWAY. The City Clerk said that Counci! may desire to further include and set forth in said Resolution the fact that there have been officially approved construction of apartments, not yet completed but under con- struction, which will result in 1260 additional dwelling units. Resolution No. 24-69, amended to. include the 1260 additional dwell- ing units, was unanimously passed and adopted on this first and final reading, on motion by Mr. Scheifley and seconded by Mr. Wilson. (Copy of Resolution ~Nol 24-69, as amended, is attached to the official copy of these minutes.) See page_8$-c. (4) ~-12'69 '79 8.b. The City Clerk presented RESOLUTION NO. 25-69. .A RESOLUTION OF THE CITY COUNCIL O~ THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING TH~ EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND THE TOWN OF HIGHLAND BEACH, FLORIDA, WHEREBY THE CITY OF DELRAY BEACH AGREES TO MAKE AVAILABLE ITS SANITARY SEWERAGE OCEAN OUTFALL SYSTEM FOR THE' DISPOSAL OF SANITARY SEWAGE FROM THE .COLLECTION AND TRANSMISSION SYSTEM OF HIGHLAND BEACH, FLORIDA. (Copy of Resolution No. 25-69 and accompanying Agreement are attached to the official copy of these minutes.) See pages 82-E-Q. There was a q~estion as to whether or not this additional sewage would overwork the City's facilities, and Mayor Saunders said the Ocean Outfall was designed to take care of 100,000 population, and the more it is used the better it is for the system, an~ it is now at a very low capacity. Further, it has been projected that the popula- tion of Highland Beach, over the next fifty years, would not excee~ 10,000. It was also pointed out that under the present pumping setup the outfall is designed to take Care of 100,000 population, but with some adjustment in the pumping setup it would accommodate in excess of 200,000 population. Resolution No., 25-69 was unanimous,!~_passed and adopted on this Mr. Wilson. BEACH~ ', FLORIDA:; ~AB/~T~.XI~ TO TI'~ CiTy'OF DI~LP~ BEACH' CERTAIN LA~S' LocAT~D" iN SECTIONS :.18~ and :19,' TOWNSHIp._ ~XIS.TING'46 SOUTh; ~RANGE' 4'~ E~ST, ~HiCHo~ SA'~DLA~DS A.~z CONTIGUOUS:" TO BOUNDARIES OF SAID' CITY"TO iNcLUDE SAiD L~NDS; 'PROVIDING FOR' THE RI~HTS"AND 'OBLIGATIONS OF SAID LANDS= AND PRO- VIDING FOR THE ZONING THEREOF. " The'City. cierk' reviewed 'the differen~ PlanniDg and' Zoning Board recommendati'on~'CohCer~'i~g t~e zoning of S. aid pr°perkY'and~ parti~Cular- ~ the location' Of a C0mmer~'ial~ are~, the'-last r~Omme'ndatiOn "being that' th~'enti:re tract be zoned RM-2 u~der'whiCh Z0~ng..~'CiaSSi.fiCation , Plaza Deve'lo, pmen~'~ c,ouid,~'~ a~ :'a SPeci~l: Exception~. ~' It was pointed o~t.tha.t there is no definition of Plaza Development in the z0nl,g'coa'e~ aha :i~~ wa~s~ requested~ tha~"a ~def'ihi{iOn for' that Mr. L. 'O'~ Peterson:,~'and Mr. Arthur Strock, representing the peti- tioner, ,info.'r~e~ Council that the petitioner had relocated the com- mercial' area twice at' the~ request. 'of the-Planning a~d'. Zoning Board, and 'at this 'time would be' willing to accept the RMV2 Classification for theentime tract .of land; further., that time is .of the essence as June first i.s the--deadline on an agreement to purchase, Dur~ing .general discussi°n.there were several protests to the pro- posed zoning, and .it. was decided ~th~t. this item ~be~.,considered again by the Plann&ng and. Zoning .Board: at' a. meeting to~ be :held' by that Board in thee Council Chambers i'.in the City Hall at '4:.Q0~i.P-~M_., Tuesday, May 20, 1969. · ~ayOr S~ders isa~d 'tha~t.[· a.lspe?~'~.'~..:~0"u'nCil"meet'[ng w.o. uld be called ~,f neceSSa~S]i ifo'l, 1..0, Wi~g ~he~,.~Pi~nin~'i":~nd ZOning i~oard m~ee. ting on 20th, tO take aCti0~ on'~0rdinan~e No. '2'1-69, .... ~ Ordinance No.~ 2Ih69 Was 'then unanimously tabled on mot:ion by Scheifley and Seconded by ~lr.' Wilson~ ,5- 5~1.2.~69 8.d. City Clerk Worthing presented ORDINANCE NO. 22-69. 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 28, 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 PROVIDING FOR THE ZONING THEREOF. Ordinance No. 22-69 was unanimously placed on first reading, on motion by Mr. Wilson and seconded by Mr. Scheifley. 8.e. The City Clerk presented ORDINANCE NO. 23-69. AN ORDINANCE OF THE CITY .COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNE~NG TO THE CITY OF DELRAY BEACH, LOTS 1 THROUGH 44 INCLUSIVE, BLOCK 8, DEL-RATON PARK SUBDIVISION, AND ALL EXISTING ALLEYWAYS THEREIN, ALSO THAT PORTION OF AVENUE L ABUTTING SAID BLOCK 8, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. City Clerk Worthing informed Council that the land is petitioned to be zoned C-2 (General Commercial District) and then read the follow- ing excerpt from the Petition for Annexation: "Petitioner represents that said lands are and have been for more than eighteen years last past used as a mobile home park and rental facility. This petition, for annexation is under the further express understanding and agreement, however, that none of the existing rental buildings or other type land im- provements presently existing shall be expanded, renovated or replaced and further, that no improvements other than the nor- ma1 maintenance shall be effected upon the premises and that the use of said lands as a mobile home park and existing rental facility shall be completely fazed out and demolished on or be- fore five yearsfrom the date of the final adoption of the Ordi- nance of Annexation." The City Clerk informed ~oun¢il that this Ordinance would be pre- sented to the Planning and Zoning Board for study and recommendation prior to its second reading and public hearing. Ordinance No. 23-69 was unanimously placed on first reading, on motion by Mr. Wilson and seconded, by Mr. Youngblood. lO.a. Mr. Pete G~rdo~ presented a written request that Council re- move Flozida Power & Light Company from residentially-zoned property it now occupies and is using for storage of heavy industrial equip- ment and for work yards, and asked that Council not grant a rezoning request of Florida Power & Light Company. that is now under consider- ation by the Planning Board on lands used by sai~ Company lying north of S. E. 10th Street and east of the F. E. C. Railway. He also pre- sented photographs of the subject property, taken at different timesf showing how the property was Being used. 10.a. Rev. Semmie Taylor, a representative of the Christian Movement for Civic Action, said that in the past some buildings have been con- structed invery undesirable locations below the grade of the streets which has resulted in very unsatisfactory conditions during the rainy seasons. He asked if there is any set plan to alleviate that condi- tion im~t~e..ne~r future. The Director of Planning, Zoning.and Inspection, Mr. Bob Abbott, reported that there is a requirement on fOundation elevation, but there is no provision requiring the slope of the yard to.dra.in the -6- 5-12-69 water off of the yard; further, that he and the City Engineer would both like to see a requirement regarding, slope.of the yard so that the water would go into the nearest drainage swale. Following comments by Mr. Youngblood on some of the past construc- tion and drainage conditions ~n the western section of the City, Mayor Saunders instructed Mr. Abbott-and theCity Engineer to make some rec- ommendations on this item with the idea oran ordinance amendment that Would remedy said problem. 104bo The C~ty~4anager reported that his Qffice had been advised late last Friday afternoon by Mr. James McGuire that he had asked for a voluntary withdrawal of the suit involving the sale of the 400 hundred feet of City-owned beach front property on South A1A. Further, the '--.City Attorney has today received papers to the effect that said suit has been withdrawn. 10.b. The City Manager referred to the State Road Department approval of traffic lights on N. E. 5th and 6th Avenues at 2nd and 4th Streets, said report being given to Council at its regular meeting of January 27th, 1969 at whiuh time authorization was given for a transfer of funds to Traffics. Engineering to cover the cost of needed equipment to update the traffic light equipment at those two locations on 2nd St., and to provide for traffic actuation of the signals in conformance with State Road DePartment requirements. He said that he would like.to request, and does recommend, affirm- ative action in transferring $4,240.00 from the Contingency Fund to the Traffic Engineering-Traffic Light Installation Fund, for the pur- pose of installing the traffic lights at N. E. 4th Street and 5th and 6th Avenues. The request was ~animously granted, on motionbyMr. Wilson and. seconded by Mr. Pitts. 10.b. Mr. Scheifley mentioned a discussion of several weeks ago con- cerning re-routing traffic on some of the streets, and asked the sta- tus of those plans. The City Manager reported he is s~eking and receiving some outside assistance on the study of this traffic situation, and that he should soon have some recommendations. 10.b. Mr. $cheifley asked the statu~ of the Murphy Construction Com- pany work on th~ Beach Revetment repai~. The City Manager reported that his latest information ~eceived just before nQon today is that the Murphy Construction Company is ready to move their equipment in here; further, they have purchased one new piece of equipment which will aid and assist in placing the filter rock and they plan to move their equipment back on the job here when that piece of equipment is received. Following discussion, Mayor Saunders said if there isn't some action on this work soon, a meeting concerning same should be held. 10.b. City Clerk Worthing reminded Council that at the !asr regular meeting action had been deferred on an item from the April 9th Beauti- fication Committee meeting'minutes concerning cabanas on the grassed area at the beach until Mr. Wilson had returned. Mr. Wilson said he would do some research on this item and report to Council at the next meeting. lO.c. City Clerk Worthing presented Bills for Approval as follQws: Ge~eral Fund $ 79,193.12. Water Operating &Maintenance Fund 5,883.69 Cigarette Tax Fund 57,522.00 Utilities Tax Revenue Fund 1,550.00 Capital Improvements Construction Fund 959.38 The bills were unanimously approved for payment, on motion by Mr. Wilson and seconded by Mr A T ST- / , .... C~tv Cl~rk -?. 5-12-69 82. 82-A PROPIr~XB~ XN vxCK, ATxc~ OF OI~DZNANCE NO.. 'G-147 ~ ~E~X~S 15-3 ~d 15-40P ~ CZ~ CODE. c/o ~s. W. C. Willies Block 85. & 'P, O. ~x 338 (29-61 S. E. 2nd Avenue) 15-4 Delray Beach, Nlorida 33444 ~ : 2. ~avia ~. ~nt B~edin Lots 31, 32, 33 & 34, ~ P. 0, Box 87 Block 5, Seagate ~x~ension. ~ W~lmington, Delaware 19899. (1026-1046 S. Oce~ Blvd.) ~5-4 ~-~ 3. ~ena ~u~er Bas~ 50 feet of Wes~ 151 '. 15-3 350 N. W. 14~h Avenue feet of South L40 fem~ of Delray Beach, Florid~ 33~4 South ~ of BlOck 4. '(6 & 7) 15-4 ~21 & 725 W.. A~lan2ic Ave.) ~j Lena Jones West 50 feet of Bast 15L 15-3 P. O. ~x 1521 feet of South 140 feet of Delray Beach, Florida 33444 South % of B~o~k ~..~4 ~& 5) ~5-4 (717.: W. 'Atlantic Avenue) 5. Willi~ P. Pr~t Lots 1, 2, 3, 4 a w~t 7 ft; 15-3 228 s. w. 1st Avenue of 5 and yacht part of Lo~s DelraY Bea~, ~orida 33444 ~2 '~d 2I, Blo~ 5. (T26-7.42:15-4 W. Atl~tic Ave., ~5 8.W. 8th Ave., i6 S.. W. 7~ Ave.) 6. ~ .Mackey Strayhorn Vacant par~ of Lot 7,~. 15-4 219 S. W. 6~ Avenue L~coLn Pa=k. Delray Beach, Florida 33444 (125 $. W. 10th Avenue) ?. G. J. a Flora C. Sherman Vac~t part of Lot 9, 15-4 Rt. %1, Box 417 L~ncoln Park. Delray Beach, Flor~ 33444 (133-135 S. W. 10th Avenue) ~. Har~ A. & ~tty Jane Rein Vac~t part of ~t 16, 840 Fig Tree Lane Lincoln Park .... ~ & Plantation, Florida 33314 {114-116 S. W. 9th ~Ave.) 15-4 9. D. , & J~er Jos~e Vac~t ~art of S°~h 5 feet 15-3 304 S. W. 1st Street of Lot 1 ~ ~rth~71.5 & . Delray Beach, Florida 33444 feet of Lot 2, Bleck 30., 15-4 ~ (107-111 S. W~. 5th ~Avenue) 10. Jos~e B. wilson Va~ant~ ~ar~o~ Sou~h 5 feet 15-3 115 S. W. 5th Avenue of ~t '2 and~ North 33.25 & Delray Beach, Flortaa 33~4 feet of ~t 3 of B~o~k 30. 15-4 (115 S. W. 5th Avenue) ~1. Willi~ ~ch ~t 3,. Block 2S. 15-3 e/o~ Glass, Inc. (329 N. W. 5~ Avenue) & P. O. ~x 1846 15-4 Delray Beach, Florida 33444 Lucille H. K~g 6936 Carson Avenue, Apt. 8 Cleveland, ~io 44104 82-B Page 2. Nuisance List, - CITY 9 WN, AND_. _D S .C PTION 12. Lacey Mitchell, Jr. Lot 9, Block 25, 15-3 115 N. W. 8th Avenue (305 N. W. 5th Avenue) Delray Beach, F~orida 33444 15-4 13. Carl R. Brown Lots 1, 2 and North 20.5 15-3 6861 N. Ocean Boulevard feet of 3, Block 75. & Detray Beach, Florida 33444 (135-i43 N. E. 1st Avenue) 15-4 14. Robert D,-Homer South 400 feet of North 855 Bermuda*High Apt. 92B feet of East 425 feet of that 2075 $. Ocean Boulevard part of SF~ ly West of West 15-4 Delray Beach., Florida 33444 R/W line of S. A. L. RY less South 150 feet of West 325 feet~ Section 19-46~43. (1081-1099 S. Congress Ave.) 15. Will!am H. Baker East 425 feet less North 855 P. O. Box 5308 feet M/L and less South 253 Albany,-New ~York 12205 feet of that part of SE% ly- 15-4 ing West of West R/W line of S. A. L. RY, Section 19~46-43. (1113-1147 S. Congress Avenue) Violat£ol%s 1.5-3 and 15-4 as concerns this report are as follows: 1. 15-3 -Oid lumber and debris 15-4 - Weeds and undergrowth 2. 15-3 - Garden trash- - 15-4 - High weeds 'and uncle=growth 3. 15-3 - Debrt~ 15-4 - Undergrowth 4. 15-3 - Debt is - 15-4 - Undergrowth 5. 15-3 - Uebr!~s- 15-4 - High weeds 15-4 -. High weeds 7. 15-4 - High weeds 8, 15-3 - Debris 15-4 - High weeds 9. 15-3 - Debris 15-4 - Hi~h.weeds 10. 15-3 - Debt ~S 11. 15-3 - Garden trash 15~4 - Weeds-and unde=growth 12. 15-3 - Garden trash 15-4 - Weeds and undergrovrkh' 13. 15-3 - Debris 15-4 - Undergrowth 14. 15-4 - Weeds and undergrowth !5. 15-4 - Weeds and undergrowth Submitted to the City Council by the City Manager on this the 12th day of Nay, 1969. 82-C P. ES0*r.UT'rON NO. 24-69. A ~SOLUTION OF TH~ CITY CO%~C~L O~ ~g CI~ OF D~Y B~CH, ~~, ~QUBSTZNG ~ P~. B~CH "C~ C~SZON TO ~OOG- NZZE ~ ~ZTZ~ ~ED F~, ~ PR~ZDB C~S~UCTZON OF, ~' ~O~ED S~TH ~~ ~~, aa a result of tra~fLc su~eys du~Lng the recen~ tour- ist season showing up to 1050 cars per hour using the A~lantic Avenue bridge, which exceeds the orig~al desLgn capacity of the bridge; and ~~, d~ing ~e rec~nt~tourist season, the Atl~ic Av~ue bridge was opened for the passage of boats as ~y as 8 times per hour and r~ained op~ for a per'~od Of 2.36 minutes min~ ~ a m~- ~ of 6.65 minutes; and ~~S, the bridge was'not useable by aU~biles n~er~s times as a result of breakdo~s, which break~s lasted for a of 1 to 4 hours; ~d ~R~, at times ~en bridge was not useable, it ~uld take up- wards of 45 minutes tO detour and ~ross the 8~ Street bridge; a~d ~R~, dur~ ti~s when bridge was not .useable, prompt efficient fire, ~lice, ~ulance and other emerg~* services for the citizens were not available to the section of Delray Beach lying east of the In~a~astal**Wate~ay; '.and ~, dur~g the per~o~ of Janua~, ~968, ~rough ~ch, 1969, a fifteen~nth per~od, building' pe~its have be~. issue, and Site Plan approval given, for the area lying within.'~the C~, south o'f Atlantic Avenue, and west of %he Intracoastal wat~a~ for 1325 dwell- ing ~its, the residents, of ~i~ will desire to utilize the beach area; and WH~S, during said fi~een-~nth period building ~its were ~ssued 'for the area., east of.~e Intracoasta~ Wate~ay for 705 ~eL1- ~ng units the residents of which will have to crges the /n~ra~astal Wate~ay daily to shop and visit tn the central part of the City; and W~R~S, Delray Beach ~s n~otia~ng a s~er con~ac~ wi~ the To~ of Highl~d Beach predicated u~n 1200 units being built in the north end of Highland Beach, of which m~y ~e now ~er ~nst~ction, and all of which will need to cross the Intra~psta!* Wate~ay; ~~, the. current yea~-ro~d ~pulat~on of ~lray Beach 17,941~ and during .the season is approximately 35,000, not including new construction; T~F~, be it resol.ved~ ~ the City ~o~cil of Delray ~auh, Plorida, thatt The Co~ty Co~issioners' of Pa~ Beach Co~ be advised.of these matte=s ~d ~at ~e ~unty ~lss~oners of Pa~ ~ach Co~ty are re~ested ~ do eve~thing-possible to procure the installation of ~he ~la~ed 12th Street bridge.' in Delray Beagh so tha~ ~V~ent of the traffic can be facilitate~ and protect~n of public' can be greatly e~ced. Passed and adopted ~!s l~h day of MaY, 1969. ~ /S/ J. ~L.~ Saunders . ... ..... ~ , ;MAYOR A~EST: ~ /s/ R.. D. Wor ing · 82-D I~OLU~O~ NOo 26'69. A ~SOLU~IO~ OF Tm ClTX COUNCIL CI~ ~OF DEL~Y BEA~, F~RIDA, CONCE~- lNG PROPOS~ MININ~ OF ~ O~E~OBES FOR ~CITE ~~S,~ ~e water level of ~LLS supplying ~e Water 4e~n4 for the City of Delray Beach, Florida, ~~S, tony c~tizens of ~he Florida,~ fish, .have cottages or trailers, and hunt in and arO~d' ~ke OkeeCh°bee, and ~AS, ~ny tourists staying in the City of Delray Beauh, ~Florida, fish an4 hunt in and around ~ke Okeechobee, ~~s~ the farmers, cattle raiSers and flower growers .in and around ~e City of Delray Beach, depend on ~e water arriving from ~ke OkeechObee, and ~~S, Lake okeeuhobee is a stopping Place and in s~e cases, a wintering place for many~':mi~ating wild and ~~S, the~o~e~O~ee Cat'~f. ish ~~S, ~e,~cttizens of ~is "'area ~nt the e~loi- ed today and w~ll be preserved flor ~uture gene~$ons, and ~~, ~he ProPosed m~nsng.~Opezat~on ~n Lake Okeechobee by Coast~Z P~t~ole~'Co? ~1 ~use.~2er polu~$on, loss off ~sh, loss :o~ w~ld fo~l, open 2he door for ~ur~e~ e~lO~t~o~ of 'natural resources, deS2roy na2ure' d~s~upt ~a2er plans, for c~k~es, ffa~me~s and conservation a~eas, reduce. ~Ur~Sm, o~ke addSt~o~l ~a~r level cenZ~o~ problems on L~ke OkeeChobee, and ~~S' ~he ~ropoSed m~n~n9 operation ~.n ~ke Okeechobee. bY ~as2al Pe2roleum co. w~zz ng~ ~e~urse the people for the loss of natural reso~ces and'the natfon's security Will n~t be' impaired if the pro~sed m~!ng o~ra- tion is not permitted' T~FO~' BE iT ~SOL~D the City of ~lray Beach, Florida, that no mining operatio~ shall be all~ in Lake Okeechobee, Florida. passed, and adopted thiS.12th day of ~y, :1969. MAYOR ATTEST: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY I~EACH, FLORIDA, REOU~STING. THE PALM BEACH COUNTY COMMISSION TO RECO~?. NIZE THE CRITICAL NEED POR, AND PROVIDE CONSTRUCTION OF, THE PROPOSED SOUTH STREET BRIDGE OVER TEE INTRACOASTAL , as a result of traffic surveys during recent tour- ist se~ showing up to 1050 cars per hour using Atlantic Avenue bridge, exceeds the orig~r~l design capacity the bridge~ and during the recent tourist season, Atlantic Avenue bridge was for the passage of boats as as 8 times par hour and open for a period of 2.36 minimum to a max- imum of 6.65 ~ and WHEREAS, ~e bridge was not useable by .les numerous times as a result~f breakdowns, which: ;! :lasted for a .period of 1 to 4 hours~ a~ . / wards of 45 minutes"+"='~ +,',\to ~tour and cross 8th. Street bridge~ and ~Fr~EAS, during when bridge not useable, prompt and efficient fire, police, lance and emergency services for the citizens were not avai', to the of Delray Beach lying east of the Intra¢oasta! Waterwa, and W~E~$, during the 1968, through March, 1969, a fifteen-monthperiod, bUll/ have been iSSued for the area" lying within the City and west IntraCoastal Waterway.for 189 ~nits which will want to utilize beacharea~ and WHEREAS, permits were the area east of the Intracoast- al waterway, and lying within of Delray Beach, for 581 units which will have to cross the ~1 Waterway. daily to shop and do business ~ and north end of Highland ~a of ~ich many a~ now u~der _ 17,941, and during ~, ,ia approximate~ 35~00, not including n~w ~onst~uction~ ~PORE, resolved by the City Coacil *~lr~y Beach, Florifla, ~at: ~e ~unty of Palm Beach Cowry be these matters ~hat the ~unty ~issioners of Palm ~Ch 'County are re~ested ~o ev~r~ing possible to procure the 11sties of the planned [2~ street bridge in Delray Beach so that of .. ~e trafffc be facilitated~ a~d protection of p~lic can greatly enhance~. P~ an~ adopted this 12th day of ~y, 1969. ATTEST: M A Y O R City Clerk ~8 2 -E R~SOLUTION NO', 25-69. A R~SOLUTION OF THE CITY 'COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, ~LORIDA, AND THE TOWN OF HIGHLAND BEACH, FLORIDA, WHEREBY THE CIT~ OF DELBAY BEACH 'AGREES TO MAKE AVAIL- ABLE ITS'SANITARY sEWERAGE OCEAN OUTFALL SYSTEM FOR THE ~ISPOSAL OF SANITARY SEWAGE FROM TH~ COLLECTION AND TRANSMISSION SYSTEM OF HIGHLAND BEACH, FLORIDA. BE IT RESOLVED, by the City Council of the City of Delray Beach, Florida, a Florida municipal corporation, as follows: WHEREAS, the City of Delray Beach, hereinafter designated the "CITY", maintains and operates a Sanitary Sewerage Ocean Outfall Sys- tem which Will make possible the discharge of sewage from the Town of Highland Beach hereinafterdesignated the "CUSTOMER", in~O the Atlan- tic Ocean with the construction of a force main; and WHEREAS, the CUSTOMER desires to construct a sewage collection system with a transmission system to be constructed by the CUSTOMER, for discharge of wastes into the CITY's Ocean Outfall System; and WHEREAS, the CUSTOMER has requested the CITY to make available the Sanit.~rYSewerage Ocean Outfall system for the disposal of sani- tary sewag~ f~om the CuSTOMER's sewage collection and transmission syste~..~.~nd the CUSTOMER desires and' has requested permission to con- nect %~ieir sewage collection and transmission system to the CITY's Sanitary Sewerage Ocean Outfall System; and WHEREAS, 'the CITY desires to grant permission to the CUSTOMER to connect its sewage collection and transmission systemas herein described, providing that the same is constructed completely at the cost of the CUSTOMER; and THEREFORE, in consideration of the mutual covenants to be kept and performed by the parties hereto, and in further, consideration of the payment of TEN DOLLARS ($10.00) and other good and valuable Con- siderations, by each party paid to the other, the cITY agrees to pro- vide 'the~sewage disp0~al service a~ ~esc=i~d in,the "Agreement'' sub- Ject to all terms, .Conditions and covenants set forth in said "Agree- ment'' which is attached hereto and made a part hereof. This Resolution shall take effect immediately UpOn its passage. ~PA'$$E~ 'AND ADOPTED this 12th day of May, 1'969. MA'YOR ATTEST: City Clerk 608 · . 82-F ~ CONTRACT FOR THE DISPOSAL OF PRETREATED SANITARY SEWAGE T~F~S A~, made and entered into this /~ day of .~..~_ , 1969, by and between the CITY OF DELRAY BEACH, Pal' each County, Florida, a municipal co.cpor".k±on, or- ganized and existing under the laws of the State or, Flor±da,, here- inafter designated the "CITY'", and the TOWN OF ??~:<~/'~2',ID BE~CH, a 'municipal corporation organized and existing under the ~aws of the State of Florida, hereinafter designated the "CUSTOMER"; and WHEREAS, the CITY owns, 'maintains'and operates a Sani- tary Sewerage Ocean Outfall System which will make possible the discharge of sewage from the CUSTOMER into the Atlantic Ocean With the construction of a forc~ main; and WHEREAS ~he CUSTOMER desires to construct a sewage collection system with a transmission sys~':em to be constructed by the ~C~TOMi~.R, for dischar,~e ~f ~ es iht -~ C~'s Ocean Outfall System; and WHEREAS, the CUSTOMER has requested the CITY to make available the Sanitary Sewerage Ocean .... fall Sy or the dis- posal of sanitary sewage from the CUSTOMER's sewa,~,.... .... lection and transmission system, and the CUSTOMER desires inc. ~s re- quested permission to connect their sewage coll~ trans- mission system to the CITY's Sanitary Sewerage Ocean Outfall Sys- tem; and WHEREAS, the CITY desires to grant permission ~o the CUSTOMER to connect its sewage collection and transmission system as herein described, providing that the same is cor.'tructed com- pletely at the cost of the CUSTOMER; and WHEREAS, the CITY ~ willing 5~ Provide the sewa~ hereinafter shall be observed and carried into effect. THEREFORE, in consideration of the 'mutual covenants to be kept and performed by the parties hereto, and in further consideration of the payment of TEN DOLLARS ($10.00) and other good and valuable considerations, by each party paid to the other, the recei.pt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 1. The CUSTOMER shall at its sole cost and expense construct a sewage collection, treatment and transmission sys- tem within the CUSTOMER's corporate limits and extending by force 'main to the CITY's existing ocean outfall line at Atlan- tic Avenue. After construction of the system and force main, that part within the CITY shall become the pr6perty of the CITY and shall be ~maintained by the CITY. The CUSTOMER will ~maintain all of the system within its corporate limits. It is further provided and agreed that the C3TY, .... .'c,~ on its own or through its Consulting Sa~.. aary Engi{~=~-~rs, -' re' ,~ and approve all construction plans and specif~' ation~-. .'c. ~'~, - · . pense prior to their submission to the State Board of ~.~ai~,~.. =.1 construc- ted works will be inspected to the satisfaction o~ CITY, and approved, as above provide' ?rior t.c ~he da~e ~he p~,.'?~'~:sed sys- tem is. put into operau;on. The cost of any aaditionai e ~gineer- ing work resulting from such review, inspecu~.on a,. ,.'al will be borne by the CUSTOMER. , 2". The CUSTOMER also agrees to ~- ~'.~ . ~ cost and expense of obtaining such easements a .~' , .... T~e CITY will cooperate with the CUSTOMER in obta',.nin~5 . -.-~ ~.ry easements. 3. The disposal service made avaz=.able by -.h~ .,. ITV to the CUSTOMER shall be for the gallonage capacity and $~ rv,,.~.~e ~ a described as follows: -2- 8 2-1~' GALLONAGE CAPACITY: The gallonage capacity which the CITY shall 'make available to the CUSTOMER for dis- posal of sanitary sewage into and through the CITY's Sanitary Sewer- a~9 Ocean Outfall System shall be uR to and including a maximum peak load of 80 millioh gallons per month. SERVICE AREA: The service area from which the CITY agrees to accept pre- treated sanitary sewage for disposal into and through the CITY's Sanitary Sewerage Ocean Outfall System shall be limited to the present 'municipal ..... boundaries of the CUSTOMER as they exist at the date of execution of this Agreement. In the event the CUSTOMER desires to service areas or increase the gallonage capacity in addition to that above described, and desires to dispose of sanitary sewage fram such areas or increase in gallonage capacity delivered to the Sanitary Sewerage Ocean 0utfall System, request for such additional service area or gal- lonage capacit~ shall be 'made in writing to the CITY and shall include the estimated peak flow. With resp~,~ to any such pro- posed increase in service area, or any service area other than that above described, the CITY reserves the r~.~n( ~.o approve or disapprove any such increase or expansion and fur-(i~e~' reserves the right to make a separate-contract for such ~ncrease.'~ or ex- panded service area, provided, however, that the CITY shall not have the right to utilize any portion of the transmission main · constructed by the CUSTOMER for conveyance of sanitar~ sewage from other areas, without the consent of the CUSTOMER and upon consummation of satisfactory contractual arrangemen%s covering such use. 4. The CUSTOMER agrees that ~t shall not d ~charge or cause to be discharged into the CITY's Ocean 0utfall ~stem any wastes or materials which will be detrimental to the proper ope- ration and function o~ thm D~i~&~ ~&~ ~$~osa~ m~m, and -3- is hereby covenanted and agreed that no surface drainage water · or ground water infiltration shall be permitted to be discharged into the disposal system. It is hereby further covenanted and agreed that the CUSTOMER will at all times maintain and operate its sewerage system in accordance with but not limited to the requirements of the United States Public Health Service and the Florida State Board of Health. The sewage to be discharged into the CITY's Ocean Outfall System shall 'meet the degree of treat- · ment as provided at the present or in the future by the Florida- State Board of Heal%h. The cost of all maintenance of the CUS- TOMER's collec'tion and transmission systems shall be paid by the CUSTOMER. The CITY reserves the right to inspect the CUSTOMER's collection and transmission system if it has found that a viola- tion exists, to ascertain that it is being maintained in accor- dance with the requirements of this paragraph. For purposes of making such inspections, the CITY shall have the right to enter the service area or property of the CUSTOMER as may be required or necessary under the circumstances, after havin,. 'alled CUS- TOMER personnel and given them an opportunity to acco,'aDany CITY personnel in such inspection. The CITY and the CUSTOMER both agree to carry such liability insurance as would protect the other when either enter onto the property of the er for any purpose authorized in this Agreement. 5, The quality limitations of Paragraph 4 shall apply to concentrations or other physical or chemical characteristics obtained by analysis of a composite sample of the waters or waste received by the CITY in any 24-hour period, proportioned to flow. Periodic quality control tests shall be performed by the CITY. The CUSTOMER shall have the right to perform such quality control tests as it desires at the point o"-connection between its sewage collection and transmission system and the -4- ~ 82-J CITY's Sanitary Sewerage Ocean Outfall System. 6. The CUSTOMER agrees to purchase a master sewage meter which will be located immediately north of the northern terminus of the aforesaid CUSTOMER's transmission line, but in the corporate limits of the CITY. The meter shall be purchased by the CUSTOMER a. nd installed at its expense, shall be of a type mutually agreeable to the CITY and the CUSTOMER and shall be con- struc~ed in a meter pit so situated that all sewage collected by the sanitary sewer facilities of the CUSTOMER and disposed of through the sewage disposal system of the CITY will be measured by such meter. The CUSTOMER shall construct the facility as a portion of its transmission line contract and this master meter and the transmission main connecting such meter with~the CITY's sewage disposal system shall become the ,property of the CITY once accepted, and shall thereafter be read and maintained by the CITY. In the event such meter shall for any reason fail to function, or be substantially inaccurate, for any period of time~ the flow for such period of time shall be estimated on the basis of past re- cords. The CUSTOMER shall have the 'right to have its personnel acco'mpany CITY personnel in meter reading and to make inspections and te~ts in compan~ with CITY personnel at reasonable ~ntervals to verify the accuracy of the meter. 7. It is understood and"agreed that suitable facili- ties will be provided at the meter for the purpose of taking sample~ for making laboratory tests and analyses as regard the degree and quality of sewage introduced into the CITY's system. 8. The CUSTOMER agrees to maintain, at the point of connection between the CITY's Sanitary Sewerage Ocean Outfall System and the CUSTOMER's sewage collection and transmission system, a pr~ssur~ in a~cord&~ wi~ So~nd ~n~ne~rin~ ~i~n -5- I 82-K requirements and such as will allow proper velocities end opera- tion in conjunction, with the operation of the CITY's Ocean Out- fall System. 9. The CUSTOMER agrees to pa~ the CITY for diSposal of its sewage through the. CITY's Ocean Outfgll System a sum to be determined as follows: (A) The CUSTOMER recognizes that the CITY pre- sently owns and operates a sewage disposal system including an ocean outfall line, and l~]'~e CUSTOMER intends to construct a force main from its north corporate limit on State Road A1A to connect with said outfall line to dispose of sewage collected through the collection and transmission syste~ to be constructed by the CUSTOMER.. It is understood that the determined share of the amortized cost of the outfall line already in existence as related to the CUSTOMER's sewage flow is $180,504.00, and it is agreed that the interest and amortization cost included in the above figure shall be borne by the CUSTOMER. It is recited for informational purposes that the Bonds providing une CITY with the funds for the completed construction bear interest a~ the rate of 3.6% per annum. It is therefore agreed that there sh~"ald be a fixed monthly charg~ of $654.00 per month payable b',~ ~he CUSTOMER for twenty-three (23) years from the date fixed charges and gal- lonage charges commence as outlined in Paragraph (C) below, as well as an additional gallonage charge per 1,000 gallons of sew- age handled from the CUSTOMER. This latter charge shall be varia- ble as hereinafter 'more particularly described. (B) The CUSTOMER agrees that the gallonage rate shall be variable, but initially shall be based on the following considerations: h. ~aB~ a~ maintenanee costs .006 -6- 82-L c. Insurance costs .~03 d. Contingencies and 'miscellaneous, .008 i.e. Increased depreciation on master lift station and pumps and controls on Lift Stations 17 and 18. e. Overhea~, i.e. Accounting,.~015 billing and auditing Total $0. 035 The monthly gallonage rate schedule shall be as follows: 0 to 5,000,000 gallons: $0.0350 per 1,000 gallons. 5,001,000 to 10,000,000 gallons: $~75.00 + $0.0325 per 1,000 gallons in excess of 5,000,000 gallons. 10,001,000 to .15,000,000 gallons: $337.50 + $0.0300 per 1,000 gallons in excess of 10,000,000 gallons. Over 15,000,000 gallons: $487.50 + $0.0275 per 1,000 gallons in excess of 15,000,000 gallon~. The CUSTOMER further agrees that in order to guar- antee such rate schedule, and to 'make this Agreement acceptable to the CITY, the CITY must receive a guaranteed monthly amount of money, over and above the fixed charges, which amount shal~l be referred to as the Minimum Gallonage Charge. It is agreed that the total Minimum Gallonage Charge shall be the amount of $100.00 per 'month. The above Minimum Gallonage Charge shall remain fixed for the duration of this Agreement, unless altered under the provisions of Paragraph 16. At. the initial rate of 3%¢ per thousand gallons, the Minimum Gallonage Charge will provide the CUSTOMER with a minimum of 2,857,142 gallons of sewage handled monthly. -7- 82-M the provisions of this paragraph, the amount of sewage, handled by the CITY in exchange for the Minimum Gallonage Charge will be determined by dividing the Minimum Gallonage Charge by the newly revised rate. Over the term of this Contract, it is recognized that variable costs, as listed above i~'.ldetermining the gallonage rate schedule, will fluctuate. With the possibility of this fluctuation in 'mind, the parties hereto agree that, annually, on the anniversary date of the commencement of the charges, the monthly gallonage rate schedule shall be increased or decreased at the same percentage increase or decrease of the latest pub- lished "Consumer Price Index - U. S. City Average, All Items", with each rate to be rounded off to the nearest one one-hund- redth of a cent. (C) The CUSTOMER agrees that in any event, the total 'monthly charges due the CITY shall not amount to less than the sum of $654.00 fixed charges per month and the sum of $100.00 · minimum gallonage charges per ~month, totaling $754.00 monthly charges for the first twenty-three (23) years following the com- 'mencement of these charges and $100.00 per month thereafter. Said fixed charges and gallonage charges to the CUSTOMER shall commence the first day of the calendar 'month fol- lowing the date the proposed syste~ is put into operation. 10~ The meter readings shall be taken by the CITY on or before the 30th day of each month. Billing shall be issued monthly by the CITY and the billings shall become due and pay- able within fifteen days from the date of billing. 11. The CUSTOMER agrees to pass and enforce an ordi- nance outlawing the repair and maintenance of septic tanks wit in its corporate limits and within the feasible collection area -8- -'~? I 82-N within a 30-day period after its collection and disposal system is operational, and further to enact legislation requiring the hook-up to its sanitary system within one hundred twenty (120) days from said date that its system is operational. 12. The CUSTOMER shall have fifteen (15) days (or such greater time as may be required, if CITY approves) to correct any proven violation of 'the provisions of this Contract brought to its attention by a written notification from the CITY sent by registered or certified mail to the CUSTOMER t~ correct the cause of the vio!aticrn. If Such violation ce~'~tinues after the expira- tion of the 15-day grace period, liquidated damages in the amount of $100.00 per day may be assessed by the CITY against the CUS- TOMER for each day said violation is known to continue. The ~ .... -- TOMER shall not be liable or pay any damages to the CITY under this clause for a violation not under their control caused by an Act of God, fire, strike, casualty, necessary maintenance work, breakdown of or injuries to machinery, ~;~mps or pipe lines, civil or military authority, insurrection or riot. 13. The CUSTOMER agrees to hold and save harmless the CITY for any litigation and/or any damages, includin~ attorneys' fees and court costs, resulting from the effects of its improper introduction into the CITY's Sewerage Ocean OUtfall System of any solid, liquid, gas or other effluent, which ~may cause damage, either within or without the Sanitary Sewerage Ocean Outfall Sys- tem, including but not limited to fish kills, undesirable float- ing matter and explosions. 14. Any temporary cessation of disposal of sewage caused by an Act of God, fire, strike, casualty, necessary maintenance work, breakdown of or injuries to machinery, p~mps or pipe lines, stitute a breach o'f this Agreement on the part of the ~ITY, and -9- 82-0 the CITY shall not be liable to the CUSTOMER or its inhabitants for any damage re~ulting from such cessation of disposal. In case of a partial cessation of service the CUSTOMER shall be treated like all other sewage facilities using the Ocgan Out- fall System. 15. In the event the CUSTOMER is unable t~ complete financial arrangements or otherwise comply with the contemplated plan of development, within one year of itslexecution, then thi's Agreement shall be null and void. The CiTY and the CUSTOMER shall thereupon be free to renegotiate another Agreement. 16. This Contract shall be and remain in full force and effect for and during a period of thirty (30) years from and after the day of , 1969, provided, however, that this Contract may be terminated or modified at any time by written mutual consent and agreement of the parties here- to. The Contract shall enure to and be binding and in full force and effect upon all successors of each of the parties hereto, and shall not be assigned by either party without the written consent of both parties. 17. This Contract shall be subject to the condition that before it shall be binding on any of the parties hereto, the CITY and the CUSTOMER shall pass an ordinance or resolution ex- pressly authorizing the .execution of this Contract. 18. In the event either of the parties shall fail to perform any of the covenants hereunder, the other party shall have, in addition to and without prejudice to any other rights or remedies it may have, the immediate right to mandatory in- junction or such ~ther judicia~ process or order as shall be necessary ~nd proper for ~nforcing %h~ performance thereof. clares a section or provision of this Contract invalid for any -10- reason, such invalidity shall not affect the remaining sections or provisions of this Agreement which shall continue in full force and effect, if the remaining portions constitute an enforceable agree- ment. In the event such a judicial declaration results in frustra- tion of the purpose of this Cont~ract or makes the performance of this Contract impossible, such adjustment as may be equitable shall be made. IN WITNESS WHEREOF, said CITY OF DELRAY BEACH, acting by and through its City Council as the governing body, has caused this Agreement to be executed in its name and on its behalf by the Mayor of said Council, its official seal to be hereunto affixed, attested by the Clerk of said City, and'the CUSTOMER, a~ting by and through its official governmental body, has caused this Agreement to be executed in its behalf by its legal and official representative, its official seal to be hereunto affixed, attested by the Clerk of said municipality, the day and year first above written. CITY OF DELRAY BEACH Palm Beach County, Florida Attest: / f- . Clerk, City of~'~ach ~ " Mayor ' THE "CITY" (SEAL) TOWN OF HIGHLAND BEACH Palm Beach County, Florida Attest: < ........... ~ i Clerk, Town of Highland Beach y/"/ Mayor "CUSTOMER" (SEAL) .Approved as to Form: ..... ... Attorney for Delray Beach AttOrney for Highland Beach -11- · ~ i 82-Q CONTRACT EXHIBIT As part of the Agreement entered into this day of . , 1969, the CUSTOMER agrees to have the force main running along A1A and between Atlantic Avenue, Delray Beach, Florida, and the location of the master sewage meter at the sOuth limits of the CITY installed pursuant to the following conditions: 1. Work shall start at Atlantic Avenue and proceed southerly. 2. The CITY will issue a work permit covering only the period from May 1st to November 1st in any year. All work under- taken during this period, including force 'maih installed, road and sidewalk replacement, grass and shrubbery replacement, and other items, whether or not specifically mentioned herein, shall be completed in a wOrkmanlike manner at the termination of this period, and any work remaining to be done, as specified in the Contract, shall be deferred until the beginning of the following period. 3. In the event that the contractor fails to meet any of the conditions stated in the above paragraphs, the CITY, in accordance with the provisions of the Contract pertaining to un- completed work, shall have the right to take over and complete the items above mentioned, and the.CUSTOMER hereby uncondition- ally agrees"to reimburse the CITY for such costs. 4. This Exhibit shall be included in, and made a part of, the contract under which the work covering the installation of this portion of the force main is awarded.