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10-24-69SpMtg OCTOBER 24, 1969. A special meeting of the City Council of the City of Delray Beach, Florida, was held in the Council' Chambers at 2:00 P.M., Friday, Oc- tober 24, 1969, with Mayor J. L. SaunderS in the Chair, City Manager David M. Gatchel, City Attorney G. Robert Fellow~ and Councilmen John L. Pitts, III, James H. Scheifley, James B. Wilson and O. F. Youngblood being present. 'An opening prayer was delivered by City Clerk R. D. Worthing, fol- lowed by the Pledge of Allegiance to the Flag of the United States of America. Mayor Saunders called the meeting to order and said that same had been called for the purpose of: 1. Providing for holding a Freeholders Election concerning a possible General Obligation Bond issue to finance the cost of certain major improvements= 2. Authorization for Change Order No. 1 affecting Contract with Hays and Robinson Construction Company for construc- tion of the LaW Enforcement Complex~ and 2.For any other business that may come before the meeting. Mayor Saunders said the first Order of business is to approve a letter and fee with Mr. John F. Trimble: the Bonding Attorney. Clty Clerk Worthing reported as follows: "Council, at its last regular meeting, approved the Attorney's Fee. concerning validation proceedings fora Proposed General' ~ligation Bond' issue, and believed appropriate, at this'~ time, to consider the proposal of BOnd COunsel. ' ' Mr. John"T,: Trimble, of Mudge," RoSe, Guthrie & Alexander, haVing been Previously 'designated, by Council determination, to represent ~he~ City as Bond Counsel in connection with a proposed General Obli- gation Bond. issue, proposes to furnish the City with the following= 1', PreparatiOn. Of the PubliC'Nottce of Bond Election~ 2. Preparation 'of the necessary ordinance ordering. and providing '" for the holding of a Freeholders Election~ 3. Drafting of all Validation Proceedings in the normal manner for validation of such BOnds. 'Mr'. Trimble offers to provide such legal services, in connection with the approval of such Bonds for a Fee not to exceed $1.00'per $1,000. principal amount Of Bonds, conditioned upon' no ~nusual liti- gation or other matters pertaining thereto being incurred. COuncil approval'of such an agreement, with Mr. Trimble, is recom- mended." : Mr. WiISon~ mo%ed tO authorize such approval as just outlined by City Clerk Worthing, the motion being seconded by Mr'. Youngbiood and unanimouslY carried. Mayor Saunders pointed out 'that if the bonds are not issUed and ~51~ there will be nO charge by Mr, Trimble. -The' City Clerk .preSented ORDINANCE NO. 40-69. AN EMERGENCY ORDINANCE OF THE cITY' COUNCIL OF-THE'..CITY : .... ' ~OF, DELRAY BE~CH, FLORIDA, _ORDERING AND PROVIDING ,FOR THE 'HOLDING OF A FREEHOLDERS ELECTION IN THE CITY OF " 'DELRAY BEACH~ '~N THE COUNTY 'OF PALM' BEACH, FLORIDA~ ON ~ ~ THE~'~QUEsTION OF THE' ISSUANCE OF $4,150,000 GENERAL OBLI- ' G~TION ~ONDS.'OF SAID CITY. FOR VARIOUS PURPOSES~ (COpy of Eme=genc~ Ordina,ce' No. 40~69 is att~ched, tO. the offiC£al cop~ of"'these 'minutes. ) See 'pages 162-A-B~': ' ' Emergency Ordinance No. 40'69 was unanimo..usly passed and adopted on. this first-and f~na'I reading, on motion by Mr. Youngblood and seconded by' 'Mr: Scheifley. ' , City Manager GatcheI recommended approval forpayment of invoices of Russell & Axon Consulting Engineers, concerning Council approved u~ating of information on the proposed storm drainage system, and proposed water filtration and treatment plant, which amounts were previously stipulated. Approval for.payment of said invoices, as outlined by the City Manager, was unanimously .authorized on motion by Mr. Wilson and seconded by Mr. Youngblood, City Manager Gatchel introduced Mr. Stanley E. Ross and Mr. C. T. McCreedy, Fiscal Agents, and Mr. John Klinck of Russell & Axon Con- sulting Engineers. Mr. Howard Smith, a member of the City Financial Advisory Board, and Mr. James H. Jurney, a candidate for Mayor in the coming election, were also introduced City Manager Gatchel referred to the City's applicati°n to HUD for federal funds in connection with the storm drainage system, and ad- vised COuncil that further contact has'been made with HUD recently; further, he feels it would be well for Council to direct, at this time, the decision reached by Council today, be pUt in the form of a letter to. HUD and to request their recommendation as to the furtherance of the City's request for funds in the form of a Grant for said storm .. drainage project It was so moved by Mr. Scheifley, seconded by Mr.. Wilson and unani- mously carried. Concerning Change Order No. i affecting the Contract with Hays and .Robinson ConstructionCompany for construction of the. Law Enforcement Complex, the City Managerexplainedthat said change concerned the east wing of the second floor which has not been equipped with 'cells, but it is now the desire of the Police Department to use that area as dormitory tYPe detention quarters' and in.order for it .to be used as such afacility, the installed.plumbing, would need to be boxed in and protected, said change order amoUnting.to $790.00. Said Change Order No. i was unanimouslyapproved, on motion bY Mr. Pitts and seconded by Mr. Wilson. (Copy.of Change Order No. i to the Contract of Hays and Robinson is attached to the official copy of these minutes.)- See page 162-E. The City Manager referred to the Agreement with the Town.of High- land Beach concerning the tie-in of the sewage collection in their community by means of a .force main to the .City's Ocean Outfall line. He said it had been stipulated that all work on that line would be completed and~cleaned up by December 1st, 1969; that said work is now progressing very rapidly and assurance has been given that the commit- ment of Highland Beach as to the clean up date would be met. "'He said that Council had realized there was a possible needfor a temporary connection to the City's sewer system until said work could 'be completed. Further, that said temporary connection to the southern mostmanhole of the Delray Beach system has been completed, and was made under the supervision of Russell & Axon, Consulting Engineers for 'both communities, and has been accepted as being a good connectign by the City's Director of Public Utilities, Mr. Dale Christison. Also, that Highland Beach is desirous of.giving certificates of occupancy for some of their newly constructed buildings in order that residents may move in. The City Manager said that upon the recommendations of RHsse11 & Axon, and the City's Director of Public Utilities, he would recommend that Council authorize a letter of permission to the Town of Highland Beach to hook up and use said temporary sewer connection. It was pointed out that there would be a fee charged for such service prior to the installation of a meter. Mr. Wilson moved that authorization be given for writing such a letter to the Town of Highland Beach giving them permission to use said temporary sewer connection,- the motion being seconded by Mr. 158-A PROPERTIES IN VIOLATION OF 'ORDINANCE-- ~ NO. G-147 AND SECTIONS 15-3 and 15-4 OF THE CITY CODE. OWNER AND. ADDRESS ~RO~,Ty DE~,CRIPTION CODE 1. The Tuller Construction Co. Lots 10-14, Inclusive, 15-3 Tuller Building .Block 85. Red Bank, New Jersey.07701 (65.S.E. 2nd Avenue) 15-4 2 J.D. Tuller Lots 15-18, Block 85 15-3 103 E. Front Street (85 S. E. 2nd Avenue) & Red Bank, New Jersey 07701 15-4 3. Edward P. & Marvel Barnard Lot 8 and North 30 feet of 15-4 602 N. Ocean Boulevard Lot 9 less East 5 feet, Delray Beach, Florida 33444 Block 105. (344 N.E. 6th Avenue) 4. Ignacio & Deloris Borrego Vacant part of Lot 2, Block 2, 15-3 1101 $. W. 8th Street Delray Beach Heights. & Delray Beach, Florida 33444 (1101-S. W. 8thStreet) 15-4 5. Helen Connor Lots 2 & 3,~Block 8, 15-4 ll Stuyvesant Ov~al Rio Del Rey. New. York, New York 10009 ~905-909 S. E. 4th Avenue) 6. Edward A. & Julia ~. Smith Vacant part of Lot 4 and North 15-4 101 Mentone Road 25 feet of Lot 5, Blk.' 8, Rio Del Rey. Lake Woz~h, Florida 33460 (913 S. E. 4th Avenue) 7. F. J. Schrader Lot 1, Block "A", Third Addition 15-4 120 N. E. 7th Avenue to High Acres. DelrayBeach, Florida 33444 (1 N. W. 18th Street) 8.. Sidney & Alice Fox Lot 9, N~ of Block 22. 15-3 2000 S. Ocean Drive (102 S. W. 5th Avenue) & Ft. Lauderdale, Florida 33316 15-4 9. Annie Grace Russell & South 50 feet of North 150 feet 15-3 Edith Russell Cosby of west 135 feet, South % of 219 N. Cleveland Avenue Block 22. (7) 15-4 Wilmington, Delaware 19805 (133 S. W. 6thAvenue} 10. Russell H. & Deborah Martin Lot 9, Block 3 Bellview Manor 15-4 P. O. Box 242 (8 S. W. 8th Court) East Flat Rock, N. C. 28726 11. Russell E. Brown 2- Lot 21, Block B, Tourist Nook. 15-4 3565 Dexter Road (216 N. W. 8th Avenue) Ann Arbor, Michigan 48103 12. Joe Dobson, Jr. North 50 feet of East 135 feet 15-3 1826 W. 46th Street of SoUth ~ of North ½ of Lot 6, Los Angeles, California 90062 Sec. 17-46-43.(Maggie Roller 15-4 6-A, 122'N. W. 10th Avenue) 10-13 -69 158-B Page 2. Nuisance Violation List. Violations 15-3 and 15-4 as concerns this report as follows: 1. 15-3 - Debris 15-4 - Weeds and undergrowth 2. 15-3 - Debris 15-4 - Weeds and undergrowth 3. 15-4 - Weeds and undergrowth 4. 15-3 - Debris 15-4 - High weeds 5. 15-4 - Weeds and undergrowuh 6. 15-4 - Weeds and undergrowth 7. 15~4 - Weeds and undergrowth 8. 15-3 - Debris 15-4 - Weeds and undergrowth 9. 15-3 - Debris 15-4 - Weeds and undergrowth 10. 15-4 - Weeds and undergrowth 11. 15-4 - Weeds and undergrowth 12. 15-3 - Debris 15-4 - Weeds and undergrowth Submitted to the City Council by the City Manager on this the 13th day of October, 1969. 158-C ORDINANCE NO. 37-6~). AN ORDINANCE OF THE CITy COUNCIL OF THE CITY OF DELBAY BEACH, FLORIDA, AMENDING THE DELRAY BEACH suPPLEMENT TO THE SOUTHERN STANDARD BUILDING "CODE BY ADDITIONS AND/OR AMENDMENTS TO SAID SUPPLEMENT OF THE SOUTHERN STANDARD BUILDING CODE (ORDINANCE NO.-G-225) FOR THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, is updating and revising its Buildlng Code to reflect present day construc- tion materials, techniques and standards. i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE · ! CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Paragraph 4. of Section 505.5 - Storage Capaci- ty of Liquid Fuel - of the Delray Beach SupPlement to the SoUthern Standard Building Code (Ordinance No~ G-225) shall be amended to read: "4. Eighteen thousand gallon storage limit. It shall be unlawful for any person to construct or install within the City of Delray Beach facili- ties for storage of more than 18,000 gallons of gasoline, at, upon or under any one gasoline fill- ing station or gasoline service station site, and no.p.ermit shall be granted, where the' applicant contemplates storage facilities in excess of the provisions of this section..' SECTION 2. Paragraph 6..of Sub-section B.of Section 706.3 - Roof Coverings- of the Delray Beach Supplement to the Southern Standard Building Code (Ordinance No. G-225) shall be amended by the addition of sub-paragraph c. to read: "6. c. A' 2¥' in 12" ~pitch~ may be used with 235 pound asphalt shingles." SECTION 3. Paragraph 5. of Sub-section E. of Section 706.3 - Roof Coverings - of the Delray Beach Supplement to the Southern Standard Building Code (Ordinance No. G-225) shall be amended to read: "E. 5. All tile Shall be soaked in water a minimum of one-half hour before application on roof. All barrel tile shall be laid full length in cement, and sba11 allow drainage with continuous string of cement mortar horizontally between tile at head lap, but no mortar exposed at butt of tile. Interlocking tile to have a minimum of 2% inch head .lap, and laid with trow- el of Cement mortar vertically extending from top edge or head of lower tile up roof to with- in two (2) inches of top' of tile, allowing ce- ment mortar to bond upper and lower tiles at head 'lap. Cement shall be one (1) to three Portland cement mortar or equal." sEcTION 4. Section 706.7 - Attic: Access and Areas - of the Delray Beach. Supplement to the Southern standard Building Code (ordinance No. G-225) shall be amended to re~d: 158'D Page 2. ORDINANCE NO. 37-69. "706.7 Attic: AcCess and AreaSl All buildings shall, have access provided to. the attic .space'bY.m~ans Of a'StairwaY or permanent ladder or scuttle. TheopeningS'proviaed through the Ceilin?for'Such access in~o~ithe attic space shall~be nom..less tha~ twentY-two (22) inches by th'irtY,six (36) inches and.shall be iocated in the~hallwaY or corridor of ali Type III ~nd V buildingS three (3) stories or more in height. Heating and air conditioning equipment must be located not more than five (5) feet fromaccess opening. A disappearing stair shall be install- ed where air conditioning equipment is located in the attic." SECTION 5. 1302.6 - Foundation Minimums. The table enti- tled "MINIMUM ALLOWABLE DIMENsIoNs FOUNDATION WALLS AND FOQTINGS" in the Delray.Beach,SUpPlement to the Southern'Standard Building Code (Ordinance No. G-225)'shall have that part pe~taining to mini- mum steel required for one story masonry structures to read: "3 - No. 4*/ Or,Z - No. ~5/ / continuous with corner bars." . SECTION 6. Paragraphs.(1), (3).and (4) of Section 902.3 - Standpipes Required - of the SOuthern Standard Building Code shall be added to the Delray Beach Supplement of said Southern Standard Building Code (OrdinanCe No. G-225) to read~ "902.3 .- STANDPIPES .REQUIRED. (1) Buildings exceeding tWenty~three (23) feet measured from thehighest finished ~rade to the~ceiling of the highest fl°or~ (3) In Group 'D' InStitutional occupancies exceedingtwentY-~h~ee '(~3) feet measured from the highest finished grade to the ceiling of the highest flgor. (4) Hotels, motels, apartment'buildings and commercial buildings exceeding twenty-three (23) feet measured from the highest finished grade to the ceiling .of the highest floor." SECTION 7. Sub-paragraph (1) .qf Paragraph (a) Section 1126 - ~£re Alarm .... of the SoUthern Standard Building Code shall be added to the Delray Beach S~pplemen~ of said Southern'Standard Building Code (Ordinance No. G-225) and amended to read: "1126 - FIRE ALARM~ ~ (a). A manu~l fire al&tm system, shall be'in- s~atled in allthe following buildings unless the building~is eqUipped with an automatic' fire alarm system or an automatic sprinkler System: (1) Group E, Assembly having capacity of 1,000 persons; Group C, Schools, Hospitals, Sanitariums and Nursing Homes, Hotels having accommodations for~fifteen (15} or more guests, Apartment Houses exceeding twenty-three (23)feet measured from the highest finished grade to the ceiling of the high- est floor, Dormitories,. Lodging or Rooming Houses 158'E Page 3. ORDINANCE NO. 37-69. having more than twenty (20) Sleeping accOmmo- dations; Group B, Business Buildings having a total occupancy of 500 or mo~e persons Or more than 100 persons above or below %he street floor; Industrial occupancies ofbuildings over one story in height and having a total capacity of 500persons or more above .or below the street level, and buildings of Group H, HazardoUs occu- pancies." Further, that Sub-paragraphs (2), (3), (4) and (5) be added to ParagraPh (a) section 1126 - Fire ALar~ - of the Delray Beach Supplement of said Southern Standard Building Code (Ordinance No. G-225) to read: "(2) Manual Fire Alarm BoXes-shall be provided and used only for fire protective signaling pur- pose. (3) Each box shall be securely mounted not less than four and one-half (4%) feet or more than six (6) feet from floor level, and shall be distributed throughout the protected area so that they are un- obstructed, readily acCessibie and located in the normal path of exit. (4)- One alarm box shall be provided on each floer. Additional boxes shall be provided on eachfloor to obtain a maximum horizontal travel distance of 200 feet to the nearest box. (5) An Indicator Panel shall be prOVided on main floor in area of Office °f Lobby,~readily accessi- ble and visable at all times." PASSED AND ADOPTED in regular Session'on second and final reading on the 13th. day of October , 1969. ~/S/J- MAYOR ATTEST .. · /S~ R. D, Wo'.r..t. hin~gl City Clerk First Reading sept..e~ber 22, .!96.9 Second Reading . 0..ctob...er. 13, 1969 158-F RESOLUTION NO. 42-69 A RESOLUTION OF THE CITY COUNCIL ~OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE PALM BEACH COUNTY COMMISSION TO EXCLUDE THE PRESENT MUNIC- IPAL AREA OF THE CITY OF DELRAY BEACH FROM ANY TAXING DISTRICT WHICH MIGHT BE ESTABLISHED FOR THE PURPOSE OF ACQUISITION, DEVELOPMENT AND/OR MAINTAININ~ ADDITIONAL BEACH-FRONT RECREATIONAL OR OTHER PARKS. FACILITIES. WHEREAS, the City of Delray Beach has for many years operated a Municipal Beach now extending one and one-quarter miles along the shores of the Atlantic Ocean within the corporate limits of the City; and, WHEREAS, the City of Delray Beach has operated and main- tained said Municipal Beach for these many years with no outside financial assistance other than its own municipal fund producing methods; and, WHERF~, the City of Delray Beach Municipal Beach has always for these many years been available for full utilization by all citizens of Delray Beach, Palm Beach County, the State of Florida, this nation as a Whole, as well as all peoples of this world; and, WHEREAS, there are no additional beach-front properties available for development in any comparable manner within the City's corporate limits for the'additional benefit of the utilizing public as a whole; and, WHE~EA~, the proposed County Bond issue for the purpose of acquisition, development and maintaining additional beach-front recreational facilities could not benefit the citizens of the City of Delray Beach; and, WHEREAS, any tax levied by Palm Beach County for such beach-front recreational purposes would in faut resUlt in double taxation for duplicate service being assessed upon the citizens of the City of Delray Beach: NOW THEREFORE, BE ~IT RESOLVED by the City Council of the Cityof Delray Beach,-Florida, that: The City Council request the present municipal area of the City of Delray Beach be excluded from any taxing district established for the purpose of acquisition, development and/or maintaining addi- tional beach-front recreational or other parks facilities. PASSED and ADO~TED~..~in regular session ~on. t~i~ the-.13th.~ day.of October, 1969. /S/ J. L. Saunders MAYOR ATTEST: S/R. D. Worthinq city cler 158-G RESOLUTION NO. 43-69. A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF DELRAY BEACH, FLORIDA, AJ3THOR- IZING THE EXECUTION OF SUPPLEMENTAL A- GREEMENT NUMBER 1. AFFECTING THE CONTRACT FOR THE DISPOSAL oF.PRETREATED SANITARY SEWAGE BETWEEN THE CITY OF DELRAY BEACH AND THE TOWN OF HIGHLAND BEACH, DATED MAY 14, 1969. BE IT RESOLVED, by the City Council of the City of Delray Beach, Florida, a Florida municipal corporatiOn, that the amendments set forth and contained in said Supplemental Agreement Number 1, referred to hereinabove, which provides for certain amendments as outlined below, be executed by the proper City officials. 1. CUSTOMER may elect to construct and/or operate the system through a Public Utility Company organized for that purpose. SuCh Public Utility Company shall be franchised by the CUSTOMER. 2. Regardless of such method utilized by CUSTOMER in construction and operation, CUSTOMER shall be solely responsible for all performances under the original ,Agreement" (Contract) and all amendments thereto. 3. This amendment shall become effective upon the adoption of Resolutions passed by the "CITY" City of Delray Beach and the "CUSTOMER." Town of Highland Beach expressly authorizing the execution of this Supple- mental Agreement Number 1. PASSED AND ADOPTED in regular session on this the 13th day of October, 1969. /S/ J L. Saunders MAYOR ATTEST: City Clerk - 158-H O. P. OBEI{T ,FELLOWS ATTOI~,NEY AT LAW Oct~er 9, 1969 City Counc~ / D~r~ Bea~, ~orida Gen~en: Re: Attorney fee--V~idation Proce~ings for $4, 000,000.00 Gener~ ~ligation Bonds Issue In the p~t, the city attorney and counc~ have rea~ed a mutu~ agreement on the fee for h~dling v~idation proceedings. You have entered into a contract with the fisc~ agents who w~ prep~e and pay for the Propos~ Form, N~ice of S~e and ~fici~ Statement, bond s~e advertising charges, bond. printing costs, and their own out-of-pocket expenses. You are contemplating a contract with a bonding attorney w~0 the ~d.e in seeing that ~1 necessary leg~ steps ~-e t~en. The j~ of v~idating attorney, in brief outline, includes the respons~t~ to see that ~2~ necessary procednr~ steps (b~lots, canv~sing the election, ads and voting requirements) are t~en before f~ing suit; f~in8 s~t and obt~ng a judgment v~id.ating the bonds. ~ a matter of i~ormation, the attorney fee for v~dating bonds throughout ~m Beach County ranges from noting for a f~ time city attorney to 1 per. cent. There is no est~lished fee charge. Delrsy~s foyer city attorn'ey ch~ged 1/3 of 1 per cent. Due to the size of the issue, I w~ und. ert~e t~s v~dation suit for ~/4 of 1 per cent if the bond. issue is $2,000,000.00 or over and 1/3 of i per cent ~ under $2,000,000.00. ~y fee w~ch will be approved, wi~ be p~d. from.the proceeds from the s~e of bonds ~d. wo~d. n~ have to come out of contingency. It w~d be appreciated, if t~s arr~gement is satisfactory, that a m~ion be made at the next re~l~ council meeting, under misce~eous business, 158-I Ci%y Council Page Two October 9, 1989 approving the attorney fee arrangement set forth in this letter. ;" Respectfully submitted., G. Robert Fellows City Attorney GRF:il David. M. 'Gatchel, City Manager J. L. Saunders, Mayor James B., Wilson, Vice Mayor John L. Pitts, III, Councilman ~.....James H.,.:Scheifley, Councilman O. F. Youngblood, Councilman ~ R. D. Worthing, City Clerk '~}~za , . ' ' 158-J '~/ % " ~, ', JACK L. lAUNDErS. MAYOW DAVID M. OATCHK~ JAM[I I. WILSON. CIT~ M&N~O[~ 0~0~8~ ~3, ~969 JO"N L. PfTTS, III. COUNCJ[MAM , JAMEB H. BCH[IFL[Y. COUNCILNAN' ~ OZIE F. YOUNGBL~D. Change Order No. 1 Repair of Concrete Bloc~ Reverent Wall, Delray Beach, Florida .. Contract Date~ MaFch 10, 1969. The purpose of this ~hange Or,er is to provide for the re~airs of a mall failur~ lying southerly of the ~onot~ction l~its '" of the existing Contract, between Stations 26+'31~ an~ 26+55, ~.. est~ate~ quantities as foll~s~ Est. ,un.i ,T. ota , .. Item .. : . _ ' Chit ..... _ Otg.. Pr_ice__ Removal & Replacement of Existing Each 42 21.25 $892.5'0 Interlocking Concrete Blocks Removal of Existing Interlocking Concrete· Block & Replacoment with New Interlocking Concrete Block Each 14 21.25 297.50 Borrow Material C .Y. 40 4.00 160.0D Pol]~:~ropylene Filter Material "Sq. Ft. 605 .30 181,50 Crushed Rock Base Material Ton 22 14.00 308.00 Total Addition to '- Contract $1,839.50 · Approved, by Engineer. , , -M.~/C.- Fl.emi~/ ? ~J~% Eng~ne~ ' · ~ ' Approved .'bY Contractor~ ..., ., ,; ~ FollOW~g a questionbyMr. Scheifley, the City Manager said the system to be installed within' the corporate 'limits of the City of Delray Beach would be completed prior to the December 1, 1969, dead- line as established in the Agreement, and it is his understanding : ~at the Contractor is aiming for a date in February, 1970, for the completion of the installation of their lift station and treatment facilities, including ~e meter. The City Manager reported that the ~w Enforcement Complex is near- ing completion, and in preparing for the installation of parking fa-' cilities, sidewalks, sprinkler system, sodding, etc., the installa- tion of a Plaque on said building had been mentioned. Council was in agreement that there ·should be a Plaque, and that it should contain the names of all Councilmen involved in providing said Complex. Mayor Saunders announced that the regular Council meeting of October 2?th has been.postponed until 8:00 P.M., Wednesday, October 29th. Council' scheduled a workshop briefing meeting, for explanation and discussion on the proposed General Obligation Bond issue, to be held in ~e Council Chambers at ?:30 P.M., Monday, November 3rd, to which the City Financial Advisory Board, Service and Civic Clubs and Organ- izations, ~urches, etc., would be invited. Following a .question by Mr. Scheifley, the City Manager reported that the data concerning urgent need of the three items proposed for a General Obligation Bond issue would be available at the November 29th Council meeting. The City Manager presented Council with a memorandum, dated October 24, 1969, concerning ANTICIPATED~ IMPROVEMENTS AND ESTIMATED COSTS CONSIDERED NECESSARY IN THE PREPARATION OF THE CITY'S 400 FEET OF BEACH PROPERTY FOR PUBLIC USE, and said these figures are just estimates and there would need to be a considerable amount of engineering on some of these items before any improvements could be made. (Copy of said memorandum, dated 'October 24, 1969, is attached to the official copy of these minutes.) See page 162-~. The meeting adjourned at 2:30 P.M. City Clerk APPROVED: ' ~ a -3- Sp. 10-24-69 162-A ORDINANCE NO. 40-69. AN EMERGENCY OP~DINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING AND PROVIDING FOR THE HOLDING OF A FREEHOLDERS ELECTION IN THE CITY O~ DELRAY BEACH, IN THE COUNTY OF PALM BEACH, FLORIDA, ON THE QUESTION OF THE ISSUANCE OF $4,150,000 GENERAL OBLIGATION BONDS OF SAID CITY FOR VARIOUS PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, IN PALM BEACH COUNTY, FLORIDA: Section 1. A Special bond election of the qualified electors who are freeholders resi~ing in the City of Delray Beach, in the County of Palm Beach, Florida, who are owners of freeholds therein not wholly exempt from taxa$ion, is hereby called to be held on the 2nd day of December, 1969, at the time and place hereinafter set forth, to determine whether or not the issuance of $4,150,000 gen- eral obligation bo~ds shall be approved by such qualified electors who are owners of freeholds in said City not wholly exempt from taxation for the purpose of financing the cost of the construction and acquisition of the following: (1) $440,000 bonds for the construction and acqui- sition of new firehouses in'the beach area, and in the south area of the City, and the acqu~sltion of fire squipment, including an aerial platform fire truck with snorkel~ and tw° pumper fire trucks; and. (2} $1,450,000 bonds for the construction and ac- quisition, of a storm drainage system for an area of approximately 480 'acres in ~the City bounded generally by Atlantic Avenue, Southeast Fifth Avenue, South Tenth Street and the Seaboard Coastline Railroad; and (3) $2,260,000 bonds for the purpose of the construc- tion and acquisition of a water filtration and treat- ment plant for the City's water system; and including in each case other purposes appurtenant' or'incidental t0~the above purposes; and to levy ad valorem taxes without limit as to rate or amount to pay such bonds on all taxable property in Said City; provided that' no Such bonds shall be issued for a longer term than twenty-five (25) years and that no bond shall bear inter- est at'a rate or rates exceeding the maximum legal rate of interest at the time of the sale of said bonds. Section 2. The polls will be open at the voting place for said bond election at'seven o'clock A.M. until seven o'clock P.M. on the same day. 'Only the duly qualified electors who are the owners of freeholds in the City not wholly exempt f~om taxation will be per- mitted to vote in said bond election. Section 3. That the only place of voting in said bond election and the Inspectors and ¢15rk for'the polling place' for said bond e- lection, who are hereby appointed for such bond electi0n~.are as follows: 162-B Page 2. ORDINANCE NO. 40-69. ~p~linq_Pla~ ~erk ~nsPectors Community Center Building C.C. Turner Grace Adams 50 N. W. 1st Avenu~ Lou Anderson Delray Beach, Florida Vera Bone Florence Cramp Martha DeClercq Helen B. Flatland Gertrude Greene Charlotte G. Kiel Gladys Risker Nina Sprott Caroline E. Thomas Mary B..Walker Elsie Wharton Frederika Woltering Bertha P. Worthing L. L. Youngblood Section 4. Voting machines shall be u~ed at said bond elec- tion and the form of ballot to be used in said bond election shall be in substantially the following form: BALLOT CITY OF DELRAY BEACH, IN THE COUNTY OF PALM BEACH, FLORIDA.. Bond Election - December 2, 1969 Shall the City of Delray Beach, in Palm Beach County, Florida, issue $440,000 principal amount of general obligation bonds of said City bearing interest at not exceeding the maximum legal rate of .interest at the time of the sale of said bonds, maturing not later than twenty-five years from the date of issuance there- of, payable from ad valorem taxes levied on all taxable property in said City without limit as to rate or amount for the purpose of financing the cost of the conStruc- tion and acquisition of new firehouses in the beach area, and in the south area of the City, and the acquisition of fire equipment, including an aerial platform fire truck with snorkel and two pumper fire trucks, together with any other purposes appurtenant or incidental there- to, as more specifically described and provided in the ordinance of the City Council of said City adopted on the 24th day of October, 19697 Instructions to Voters: Indicate by pulling down lever over "FOR BONDS" if you favor the issuance of said Bonds. Indicate by pulling down lever over "AGAINST BONDS" if you do not favor the issuance of said Bonds. 162-C Page 3. ORDINANCE NO. 40-69. P~OPOSAL NOn 2 - STORM DRAINAGE Shall the City of Delray Beach, in Palm Beach County, Florida, issue $1,450,000 principal amount of general obligation bonds of said City bearing interest at not exceeding the maximum legal rate of interest at the time of the sale of said bonds, maturing not later than twenty-five years from the date of issuance thereof, payable from ad valorem taxes levied on all taxable property in said City without limit as to rate or a- mount for the purpose of financing the cost of the construction and acquisition of a storm drainage sys- tem for an area of approximately 480 acres in the City bounded generally by Atlantic Avenue, Southeast Fifth Avenue, South Tenth Street and the Seaboard Coastline Railroad, together with any other purposes appurtenant or incidental thereto, as more specifi- cally described and provided in the ordinance of the City Council of said City adopted on the 24th day of 'October, 19697 Instructions to Voters: Indicate by pulling down lever over "FOR BONDS" if you favor the issuance of said Bonds. Indicate by pulling down lever over "AGAINST BONDS" if you do not favor the issuance of said Bonds. ~ROPOSAL NQ.. 3 - WATEr· TREATMENT. . _-~ PLANT. Shall the City of Delray Beach~ in Palm Beach County, Florida, issue $2,260,000 principal amount of general obligation bonds of said City bearing interest at not exceeding'the maximum legal rate of interest at the time of the sale of said bonds, maturing not later than twenty-five years from the date of issuance there- of, payable from ad valorem taxes levied on all taxable property in said City without limit as to rate of amount for the purpose of financing the cost of the construc- tion and acquisition of a water filtration and treatment plant for the City water system, together with any other purposes appurtenant or incidental thereto, as more spe- cifically described and provided in the ordinance of the City Council of said City adopted on the 24th day of October, 19697 Instructions to Voters: Indicate by pulling down lever over "FOR BONDS" if you favor the issuance of said Bonds. Indicate by pulling down lever over "AGAINST BONDS" if you do not favor the issuance of said Bonds. i62-D Page 4. ORDINANCE NO. 40-69. Section 5. Paper ballots shall be used at Said election for absentee voting, The form of ballot to be used in said election for absentee voters shall be in substantially the form provided in Section 4 above, except that Instructions to Voters shallbe as follows: Instructions to Voters: If you are in favor of the issuance of said Bonds, place an "x" in the space to the left of the words "FOR APPROVAL OF BONDS". If you are not in favor of the issuance of said'Bonds, place an "x" in the space to the left of, the words "AGAINST APPROVAL OF BONDS". Section 6. The City Clerk is hereby authorized and directed to have printed on plain white paper a sufficient number of 'the aforesaid ballots and to deliver them to the appropriate officials for absentee voters and shall also have printed'Sample ballots and shall deliver them to the Inspectors and Clerk on or before the date and time for the opening of the polls for such bond election for said voting place at which voting machines are.to be used, and is further authorized and directed to make appropriate arrangements with the proper officials of 'Palm Beach County for the use of such voting machines at the polling place specified in Section 3 hereof and to have Printed on plain white paper and delivered in accord- ance with law the official ballots for use in such voting machines. Section 7. The Supervisor of Registration of the City of Delray Beach is hereby authorized and directed to certify the num- ber of all qualified electors who are the owners of freeholds in said City not wholly exempt from taxation and eligible to vote in said bond election. Section 8. That this ordinance shall be published in full as a part of the notice of said bond election, together with an appro- priate caption in such form as the City Clerk shall determine, in the Delray Beach News-Journal a newspaper published and of general. circulation in the City of Delray Beach, Florida~ once each week for five consecutive weeks, the first publication to be on October 30, 1969, which will be not less than thirty (30) days prior to the date of said bond election Section 9. This ordinance shall take effect immediately. PASSED AND ADOPTED as an Emergency Ordinance this 24th, day of October, 1969. THE CITY OF DELRAY BEACH, FLORIDA /S/ J. L. S aunders ATTEST: /S/ R. D. Worthing 'C~ty Clerk 162-E ~ ..... AR(.'[ lIT[CT FIELD PR()IECI" Law EnforcemeJt Complex ,,,m~, ,~dd,,...,< Dei~'ay Beach, Florida TO ,Contra(tot) ~ ~ ARCHITECT'S PROJECT NO: 6729 Hays g Robinson Const. Co. P. O. Box ]-497 CONTRACT FOR: General Contrao' Boyn~on Beach, Florida [ ~ CONTRACT DATE: November g, 1969 you are directed to make the following changes in this Contract: All ~ork lisged belo~ is go gake place in ghe Easg Wing, Second Floor. 1. Box in and sgucco plumbing pipes on ghe exgerior walls. 2. Insgall 8" masonry wall around pipe space (4 sides) similar go ghag sho~ in ghe Drawings ~or ghe Wesg Wing. 3. Area is go be le~g as exposed block, sgru~k ~oings, unpainied. The or,ginal Contract Sum was ..................... $ 409,790.53 Net change by previous Change Orders .................. $ -O- The Contract Sum prior to this Change Order was ............... $ +09,790. The Contract Sum will be (increased) (decreased) (unchanged) I~y this Change Order . , . $ 790. O0 The new Contract Sum including this Change Order will be ........... $ ~0 The Contract Time will be (increased) (decreased) (unchanged) by ( ) Day~. The Date of Completion as of the date of this Change Order therefore is .~°7 M~ S~9~ ............... Hays ~ Robinson Cons%. ARCHIT[~ CONTRACTOR OWNER DATE 0c~ober 17j___1969 DATE DATE ~ o~ mSU~NC~ Oc~obe~ ~7, ~969 C~a~C~ O~ ~UM~ 1 AIA DOCUMENT G?01 · CHANGE ()RI-)FR · SEPIEMBER 1966 EDITION · ~1966 AIA~ THE AMERICAN JNSIITUIE O[ ARCItlIEC1S, 1735 NEW YORK AVE., NW, WASHINGTON, D.C~2000F, ANTICIPATED IMPROVEMENTS AND ESTIMATED COSTS CONSIDERED NECESSARY IN THE PREPARATION OF THE CITY'S 400 FEET OF BEACH PROPERTY FOR PUBLIC USE. October 24, 1969 " 1966 1'969 Rough Clearing Hand Clearing 1,500) Grading 1,500 1,500 Pa~king Lot (100 Cars) (100 x 300 - 30,000 $4.50/$.F. 8,250 15,000 Vehicle Ramps to Parking .Areas 2,000 4,800 Sidewalks, Posts & Cable ko Parking Lot 1,050 1,800 Rest Rooms - C.B.S. Building 48' x 15" x 9' -_ 6 480 cu. ft. ~ $1.18 = $7,650 Plumbing Fixtures _2,200 ' ' 8,156 9,850 Sewer Connections 300 625 Water and Sprinklers 1,000 1,200 Landscaping ' 1,000 1,500 Fenc~ - 800 ft. ~ $2.85 (Aluminum with gates) 2,000 2,280 Picnic Tables 20 ~ $ 35.00 600 700 Concrete Slabs 20 ~ 25.00 400 500 Lifeguard Stands 2 ~ 200.00 300 400 Pavilion 5,000 6,500 Benches and Chairs 1,200 1,500 Contingency 20% ...7,050 10,415 $42,306 $62,495 IN ADDITION TO THE ABOVE - Not having any definite ,improvements previously determined, Council attention is c~lled to the following possible needs: Revetment Wall - 400 ft. ~ $300 $100,000 $120,000 Lifeguards (3) - per year + 25% 12,000 15,000 Water and Sewer Service 500 500 Maintenance Personnel per year + 25% 5,000 6,250 Building & Equipment Maintenance ? Additional information has been requested as to the costs involved in the defending of the suit brought against the City preventing sale to a previous high bidder at public auction. Fees in the amount of $910.00 were paid to Mr. Frederick Hollingsworth, Attor- ney, to defend this suit, and in addition thereto, fees were paid to our former City Attorney for his work on this suit prior to the time he left the City's employ. These fees are indeterminable since there was a lump sum billing rendered the City for this work, as well as other work, at the time the Attorney/ severed his relationship.