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01-08-68 7 ~ANUARY 8, 1968, A regular meeting of the City Council 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 John Ross Adams, and Councilmen James H. Jurney, LeRoy W. Merritt and O. F. ¥oUngblood being present. 1. An opening prayer was delivered by City Clerk R. D.'Worthing. 2. The Pledge of Allegiance to the Flag of .the United States of America was given. 3. The minutes'of the Organizational meeting held :on January 2, 1968, were unanimously approved, on motion by Mr. Me=ritt and seconded by Mr. Jurney. X. Mayor Saunders a~nounced that Councilman Wilson is absent tonight on account of being i11. 4. There were no Public releases. 5. Mr. Jurney reported that .a gentleman had stopped An his business establishment this afternoon and asked that his commendation of Police officer Ralph Michael Hughes be conveyed ko the police Department. This gentleman had received a warning ticket from Officer Hughes after making a U-turn down town in a rather congested area~ and said the of- ricer w~s the most courteous he had ever encountered. Mayor Saunders asked that Officer Hughes be commended through the Chief of Police. 5. Mr. Jurney reported he had received a call last week from a resident of N, E. 2nd Avenue regarding smoke coming ~rom the chimney of the Ocean City Laundry, and asked that this item be referred tO the City Manager. 5. Mr. Jurney reported it had been called to his attention that the contractor installing the gas line on South Ocean Boulevard has no name on the trucks and equipment, and asked the name of said contractor in order that he may report correctly when he receives such inquiries. He said;the lines are being cut through the roads and parking lots, and he feels the City should-watch this type of work very closely. He also reported there are several depressions in South AiA where sanitary sew- er lines had been installed, and said he would not like to see that con- dition continued with this present project. City Manager Gatchel said he would investigate this matter and make a report to Mr. Jurney tomorrow. 5. Concerning Council.approval 'of cha~itable solic~tations by the Delray Beach Library and the Community Chest Fund, Mr. Merritt said that Ordi- nance No. 37-67 concerning Charitable Solicitations is in ~f£ect at this time and states that the Council may approve a solicitations permit with or withou~ endorsement, depending upon the amount of funds collected be- ing used for operating expenses. He said the Community Chest. solicita- tions expenses would amount to approximately 12% and the Library solici- tations expenses would only amount to approximately 5% of their collec- tions. He the~ move~ that the Community Chest permit and the Delray Beach Library permit, approved by the prior council, now be approved with Council endorsement. The motion was seconded by Mr. Jurney and carried unanimously. 5. Mayor Saunders read a PROCLAMATION designating the period of January 11-17, 1968 as AMELIA EARHART WEEK in the City of Delray Beach. He said the Proclamation had been requested by Zonta International, which Club had established the "Amelia Earhart Scholarship Award" in honor of her memory. -1- 1-8-68 8 Mayor Saunders then presented the ~roctamation to Mrs. Dorothea Montgomery, a representative'~o~ Zonta International. 5. Mayor Saunders said he .believes one of the main issues in the elec- tion campai.g~, and .one of -~he issues_ that all the candidates agreed up- on, was ~e fact ~at the southwest ~rainage is one of the most imgo=- rant items in this year's projects. He reporte~ that in August, 196~, the City Council ~ecided to take some of the co-or~ination an~ handling of this project out of the hands o~ the City A~ministration~ further, this ~s not ~one for lack of con- fi~ence but at that time there was a number of projects going an~ it was felt ~e-C~ty Adm~nistratio~ ~aa its hands ~full. Mayor Saunters sai~ that since all are in agreement that ~e south- west drainage ~roject is one of the most important projects, he woul~ like to see ~e Adm~ni. Stration back in ~e act to co,or~inate an~ han- dle much of the detail work that w~11 be necessary in this ~roject~ further, he ~uld entertain a motion that ~e City A~ministration be back in the drivers seat, so-to-speak, on the southwest drainage pro- ject. It was so move~ by ~ Youngblo~, the motion being secon~e~ by ~. Jurney and unanimously carried. ~. Jurney co,ended the City A~ministration in its work done on this southwest drainage project. 6.a~ Concerning p~chase of a Trash Loader, City ~nager ~tchel re- porte~ bi~s receive~ as follows= --~ ~ . · 0 ~ ~O ~ m O ~ O ~ O O ~ i  ~ ~ ~ ~.~ · · 0 ~' .. O~ . O _2_O o 1-8-68 The City Manager read and eXplained excerpts fro~ a memorandum from the D/rector of PUblic Works, Mr. Clifton' Harvel, regardir~j the Inter- national Hodel 2544, and advantages of the International Harvester mod, el 2656Tractor.andboom as compared to othermakes. (Copy of said t~ree-page memorandum is attached to the official copy of these minutes.) see pages The City Manager said it the Engineering Machine Company of Delray Beach forths International Model'No.2656, in the amount of $11,664.00, be accepted. Mr. T. A. Heilman, President, Growers Ford Tractor Company of Fort Lauderdale, informed Council that he was present t° find out~ what unit the competition has quoted on and tO give more information on his own unit. Further, that his uni~ has been in operation in several munlci- palities for several years; is time tested and gives satisfactory ser- Vice, and that'parts are readily available. Mr. Tony Jettinghoff of the Engineering Machine Company, Delray Beach, informed Council that the International Model 2656 has been on the market for the last two or ~ee years and.that he has a parts stock inventory of more than $70,000 covering the International equip- ment. Mr. Merritt moved that the Alternate Bid of Engineering Machine Company, for an international 2656 trash loader, at a cost of $11,664., be accepted, the motion being seconded by Mr. Youngblood and unanimous- · ly carried, 6.b. Regarding a Change Order, City Manager ~atchel informed Council that the Dixie Asphalt Company has agreed to extend the contract for furnishing the City with asphaltic concrete, dated February 25, 1966, to include an additional' 1,2~0 tons'at a price of $6.69 per ton, con, sidered a most satisfactory offer, the additional tonnagebeing deemed necessary and sufficient to. pave certain streets in Sanitary Sewer Areas 23 and 25, being the latest Sewage Construction Project, now un- der contract'with Cambron Construction Company; further, approval of said Change Order No. 2 is recommended, 'and authorization for its exe- cution by' the proper City Officials is requested. Mr. Jurney moved for approval of Change Order No. 2, as recommended by the CityManager, the motion Being seconded by Mr. Merritt and unan- imously carried. (Copy of Change Order No. 2 with the Dixie Asphalt Company is attached to the official copy of these minutes.) See pages ll4-D-E. 6.c. The City Manager reported that requests from the Delray Beach Radio Club, Inc.; also from the Jaycees of Delray Beach', to hold a carnival and use the south portion of City-owned ,Block 37 (Sterling Field) for such purpose, were tabled at the last Council meeting in December for further study and workshop discussion; further, as a re- sult of Council review of said requests, as well as hearing from rep- resentatives of the American Legion Sherman-Wil'liams Post No.. 188, dur& ing a workshop meeting 1asr Thursday evening, the pleasure, of Council concerning the petitions is requested. Mayor Saunders said that during the two,hour .workshop meeting on this item last week same was referred to the City Administration to determine if.it would recommend a probationary perio~; further, the recommendation of the City Manager, following a meeting on January 5th with City Clerk R. D. Worthin~, Police Chief R. C. Croft, Captain James S. Granthamand Fire Chief J. J. Ouinn,, is as follows: "We recommend the following action be taken by the City Council: 1. EstabliSh a CounCil policy at this meeting that such per- mission for the holding of carnivals will not be granted. 2. Immediately authorize thecityAttorney to prepare an ordinance'prohibiting and banning such carnivals or circus functions inthe City. 3. DeLete Item No~ 71:of Section 16-11., Article II of Chapter 16 of the Code of ordinances, which provides for license fee for c&rnivals and circuses." !0 Fol~Low~ng lengthy ~commen~s, Mr. Jv~ney moved that-the recommenda- tion of the City Manager~ as.to ~enying carnivals in the City. of~ De!ray Beach, be accepted and adopted toaight~ ._further, as .recommended by. the City Manager, to establish-a CoUncil.policy at this meeting that such permission for the hold.ing of carnivals will not be granted. The mo- tion was seconded by Mr. Merritt. Mr. Yo~ungblood said he believed in being firm in one's convictions, and voiced his approval of carn.tvals being held in Delray Beach and said he believes they can be controlled by _the organizations requesting perm/ssion for same being put on a probat£o~ary basis. Mr. ,Tim Wood, President of the DelrayBeach Jaycees~ Hr. Dave Hoggins, a resident~of. Delray Beach ~sin~e 1923 and a charter member of Sherman-Williams American Legion ,Post N~. 188~ .. and Mr. LeRoy Baine, a resident of Delray Beach, in length]~'~comments expressed themselves as being in favor of the carnivals being held in Delray Beach as sponsored by-their organizations. During discussion, Mayor Saunders and Mr. Jurney an~ Mr~ Merritt commented on having given this item ve.my .s~rious consideration, and upo~ call of ro11, Hr. Jurney, Hr. Merritt 'and. Mayor Saunders voted in favor of the motion and Mr. Youngblood was opposed. Regarding Item 2 of the City. Manager's recommendation that Council immediately authorize the City Attorney to prepare an ordinance pro- hibiting and banning such carnivals or circus functions in the. City, it was so moved by Mr. Jurney. The motion was seconded by Mr. Merritt, and upon call of roll, Mr. jurney, Mr.-.Merritt and :Mayor Saunders voted in favor of. the. moticq~, and Hr. Youngblood was opposed. Regarding Item 3 of the City Manager's recommendations that Item 71 of Sect~on 16-11,. Article II of Chapter 16 of the Code of Ordinances, which provides for. license fee for carnivals and circuses, be deleted, it was so moved by Mr, Jurney. The motion was seconded by Mr. Merritt and upon call of roll, .Mr. Jurney, Mr. Merritt and-Mayor Saunders voted in favor of the motion, and Mr ..... ~You~gbloo~ was opposed-. ,Mr.. Merritt asked if this action, in any way, prohibits a local organization from having a local show where members of such organiza- tion run the entire program. City Attorney Adams said the proposed-ordinance would have to cover that, and he would discuss that point with Council when drafting the ordinance. 6.~. Concern~n~ collis.ion insurance coverage, City Manager Gatchel re- po=ted to Council as follows.: "Due to' the costly experience of the City in recent years, as a result of damage to City-o~ed automotive equipment not covered by protective insurance of a nature that probably was not warranted- years ago but now deemed advisable to protect against such loss today, it is recommended that 'Collision Coverage' be added to the City's insurance program for auto- motive equipment protection. Cost of obtaining this insurance coverage~ which is now deemed to be in the best interests of the City, with its very appreciable investment in trash loaders, garbage tTucks, police and fire automotive equipment, as Well as a great many other pieces of equipment, is $~1.00 per year. It is, t~erefore, recommended, that the offer o~ Atlantic Insurance' Agency, Inc., to provide a $250.00 DedUCtible Colli- sion Coverage policy applicable to all City-owned automotive equipment operating., on the public highways under its own power, at an annual premiunt of $991.00, be appro~,~ No additional funds should be provided at this time~ howe~.¥~er., there may be a need for budget adjustment of insuralt~e .costs upon completion of the annual audit later in this f~s~a~-year." The City ~Manager further explained th~.~lsurance would cover 76 City vehicles with. an original purchase P~=e of $265, 500 . 00 . 11. Follow~ a ~L~., Mr. ~d.. Galloway-of the Atlantic Insurance A~ency, ~r~.,-~~'~t. t~at any. less deductible ~u~d apprec~blF Foll~g ".d:~s~~., '?~.,~ ¥o~gblood '~v~ to accept said ~l.lision Ins~an~ ~vera~ at .'~ ~1 prem~ of $~91.00, ~e, ~t~on ~ng ?,a. Regarding a request for consideration o~ zoning changes in Delray ~each Heights Extensions, City Clerk Worthing reported to "Council as follows: "A petition Eot rezoning 'of' certain lands, some platted and some acreage, in Delray Beech Heights 'Extensions, was sub~itted to Council. October 28, 1965. Said petition was referred to the Planning/Z~ning Board ~'r a public hearing to be held ..on the petition. The Board held such public hearing and-though there were no objections to such proposed rezon£ng, advised Council that the Board desired .to further study this request and the area affected. The Planning/Zoning Board, following studies of the issue, did, on -.April 1i, 1966,. advise Council that the Board unanimously recommended .~e request t~ 'granted. On that date, Council, while in regular session, unanimously accepted the Board's recommendation. ACCordingly, an ordi- nance was prepare~, being No. 32-66, reflecting such reclass, ification .of described lands as recommended By the Zoning Board. Council deferred action on said Or~irmnce No. 32.-66 at that meeting, suggesting that further study of the recommendation and issue Be made By Council prior to acting thereon. Said ordinance was again submitted to Council on May."9, I966, and again tabled for further study. Ordi- nance No. $2-66 was once more returned to Council on June 27, 1966, and T~lowing,' lengthy discussions with the petitioners and the City Plar~ner~ · Mr, Art S~.~th, was placed on first reading. or.dina~Ue-1~o... 32-66 was legally advertised for submission to Council £or cOns~-zati'On on its second and final reading, scheduled to be held july 25, 19~6, The Council, however, on that date, declined' to adopt s~id ordina~ and again tabled same. No further action on the ordi- nance has Be%h taken since-that date. The petit~O~s having agreed to provide necessary drainage canal right-of-way ~%~'~e northwest corner of LOt ~6, Section 20-46-43, as well as comply %~th Subdivision RegulatiOn~ of the C~ty in the develop- ment of the unplatted areas, also to consider the replatting of certain lands therein, if determine~ feasible By the Planning/Zoning Department~ it is, therefore, recommended that said Ordinance No. ~2-66 again be considered on February Subject to Council ack, tahoe of this recommendation, authorization is requested to Provide ~Or such consideration on February 12th By a Public Notice, ~n compliance with legal ~eq~.~ements, being placed in a local news.publication, -setting forth the ~tent of Coun~£1, an~ pro, riding for a Public Hearing thereon tO be Attorney John H. Adams, representing the petitioners, said the south, west area City drainage problem has also. been a pro,lam with said lands, and he believes now that all things asked of the property owners have been resolved with th~ Administ~ation, and ~ ~s now 'time to consider the effective zoning of said Proper~y. Further, -the property would be replatted for the proper lot size, bUt th~ streets and water that have already Been 'installed will not be affeCt.- The City'Manager explained that the ~~2~n of the Platting and Zoning Board, and the Pl&nning Director h~' beel~ that if this.property is to be 'used for multiple dwelling unite, rather than residential property, it should Be..platted in such a manner rather than dealing with single family re's~dential lots and the agreement is now that the developers will provide a plan for replatting the platted property and platting the unplatted property in accordance with their proposed land development program, this to be dOne within the framework of the roads and water system presently ins%ailed. He further explained that the present drainage canal goes thro~ this sut~i~sion, but the drainage route the Council favors at th~-s ti~e .~uld negate any nee~ ~or . -5 - 1-8-, 68 12 additional right,of-way through:,the subdivision,.there being a chance that a small Portion in the-northwest corner of said.property may be needed, and the developers have agreedto give 2hat to the City. ~The City Manager continued: '~In:Summary, whatwe .are saying to you gentlemen of Council here tonight-is-that we-are giving¥ou the past history on this, the resumeof~the~background of'it, and we are saying to you that we are just about to come to the point of conclusion now wherein the .desires as expressed by.Council,..,the desires as.expressed by the'Planning-Director, the~desires asexpressed by the Planning and Zoning Board, and the City Administration as a whole, are about to be met.. If you authorize this tonight, what you would be doing is provid- ing for a public hearing.. -In accordance, w~ith~the Ordinances the first time you could have that' public hearing is at your first meeting in February, February .12th, and at'such time this matter, orlthis request, would be up for suchpublic hearing, If thesecertain stipulations and reservations have not been met by that time,, you again have the prerogative of.not passing it .on second reading as you, did back in June and'July. ~e feel, with over a,month now to-work-on this, that we Will be' able to resolve all of these' points and contentions. ~ If, at that public hearing, you still decide not to pass:ir'on second reading, you can .put off the secondreading until a later meeting i~ we need another twoweeks. You-are submitting yourself.2o nothing more now than a repetition of that. which you undertookback in.Jun, e,a~d July?f last year. You are authorizin~ ,a publication 'of the.-intent to rezone. I will assure you that if~ these various questions have- not been. answer- ed at that time the Council will be ~roperl~ a~vised." City Attorney Adams asked~Attorney John ~, ~dams just what the plans are concerning the replatting of said property, and Attorney Adams said it would be a process of vacating a plat and adopting a new plat ..within the framework of the-existing blocks by making larger lot sizes and. different enumerations as suggested by the City Manager. The' City Attorney also aSked[.if, draina~e would ~e provided for in said platting and AttOrney Adams said it would not beyond the extent already provided. Mr. Jurney moved that Ordinance No. 32'-66 be advertised for second reading'and publ~ic hearing to be held thereon-on February 12th, 1968, the motion being seconded by Mr. Merritt and unanimously carried. 8.a. City Clerk Worthing presented RESOLUTIONNO. 4-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING-NUISANCES UPON CERTAIN LANDS LOCATED 'WITHIN SAID CIT¥~SETTtNG OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES~ AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHO~.BYREPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution .No. 4-6.8 and attachment are attached to.the official copy of these .minutes.) See pages ll4-F-G. Resolution No. 4-68 was unanimously passed and adopted on this first and final reading, on motion by Mr. Youngblood and Seconded by Mr. Jurney. 10.a. Mr. ~Kenneth jacobson, Chairman of the Planning and Zoning Board, said he and the Planning Board have been quite concerned about the de- velopment of lands west of Delray Beach that lie in the City's reserve area. He reported that the County Planning Commission had recently granted a request for rezoning which permits a trailer park west of Congress Avenue and north of Lake Ida Boad and within the Delray Beach Reserve Area, w~th the local member o~ that Board objecting to same, and the City being represented by the Planning and Zoning Board at the- hearings on same. Mr. Jacobson said he is quite concerned about that action, as the Planning Board has a-lways had the .assurance of the County .and the County Planning Areas and Boards that they woUld cooperate with Delray -6- 1-8-68 13' Beach concerning property adjacent to the City limits and more or be guided .'by what Delray.. Be&~h desired. He said he .feels the City should go on record as ob~eoting to-~hat-type of developmen~ without the City being we1! aware of .same and having some arrangement with the County in its planiting. City Manager Gatchel said he feels the City should have a closer liaison with the County Planning Board concerning the proper develop- · ment of Lands in' the Delray Beach reserve area. Mr. Merritt moved that the City Manager be authorized .to look into the matter and, subject to his findings, write a letter to the Area Planning Board informing them of the City's displeasure at What'they have done and ask them that if nothing can be done at. this .time .to p~.ease work with Delray Beach in the development of the reserve area in the future. The motion was seconded by Mr. Jurney and carried unanimously. · Mrs. Dorothea G. Montgomery raid there is no County sewage fa¢ili- tier for the area rezoned for a trailer park and questioned whether the County Health Department would permit septic tanks, which may be a roadblock for that development. 10.b. City Clerk 'Worthing read the following letter addressed to the Community Relations Committee from Mrs. Lula L. Baldwin, dated December 24, 1967, and said it is recommended that this matter be referred to the Community Relations Committee for its recommendation to Counci.1 in fill.ing raid vacancy= ~' ~'~"~e~ause of an overc~o~ded schedule ! ~ould like ~' as a member .'°f~ &he community Relat-~ons Committee~ ' '~I have joyed ~°rklng 'with this groUp. very much.- · -' FOr you= consideration I would like to submit Mr. Alfred straughn~s'"'namel' Mr. Straughn?is an 'outstanding citizen of; t~is community' and i am sur~' that~ he" WOuld'play ~n important role on this ~co~vni~te~" ~ Mr; Me=r~t't moved''. tha~ the proper l~tte=~be written to Mrs. ~aldwin, thanking her for" her' efforts .'on sa:id COmmittee, end"the replacement- of a m~mber to the Committe~' be referred t6 'th~~ Community; R~la~ons~ Com- mittee fo= 'recommendation. ~he 'motion ~as~ seconded ~,~ youngblood and- Carri ~ed~' ~nanimously. 10.b~ City' Manager Gatchel re~d~ a~ letter addr~ssed"~0 'Mr. John Talientire~ Chairman of ~he DelraY Beach Solicitatlons committee, from the l~ional Foundation' '(MARCH OF DIMES), dated January Sth',: 1968,-con- c~rn~ng their request f6r Chari~able Sol£citations in Delray Beach during 1968. The following is an excerpt from said letter: ~ c-'"AlthOUgh.'we appreciate yo'u= search' for the' most-ec~uitable ' inte=pretat'ion of the ne~ o~dinance, we are still unable to re- ~ con.oile ourselves~ with 'the~ ~inancial' figures prepared by your !' .c.o~mittee? .Therefore, thin Headqua.r, ters and its. Palm Beach Ci~0p~er~ ~ave c~nCluded that there, w~il be no further effort to procure' a permit for Solicit:ations in Delra Beach for a :ch do so ,'ould se m tO".sanc :ion the arbitrary alloca :iOn of disbursements :Lch support the disputed 49 per cent' cost ~igure~ ' ' ' ~In 'the neat ~uture, however, 'we would' .appreciate meeting with you again tO mor.e fully expla'in.0ur;%iewS, dsing as ex- amples the'apPrOaches of other municipal regulatory groups throughout the country and. the recent strides toward accounting ~andards in th· 'h~alth field by man~ other national voluntary age~cies, as'~'well as~The NatiODml FoUndation. 'In the.meantime, we:'will continue to do the best we can with What we hav~ for-our birth' de£eCts' progr&m in Delray Beach." Mr. M~rritt moved that the. Council resc.!nd' its former action on the sol~ciia'~io~S-applfca%i0~ of The Natio,~l' F~oUndatiOn, the m°~ion being S.eeonaed. uy mr. JU~ney and unanimouS'l-~." ~ "'"~' : -7- 1-8-68 14 !0.b. City Manager Gatchel announced ~he~n~mely 'aad .unexpe~d death on Januazy 6th o£ Mr, Ro~ ~S~nto~o~ ~a ~man .~'~ ~he ~.Depa~nt o~ ~1~c Wo=ks o~the City of Belray ~a=h, and ~a~ ~e ~uneral would be at 10:00 A.M., ~dnesda~, January 10th at the Lorae-~bione Funeral ~0.c. C~t~ C~erk ~orth~ng presented B~S ~or A~rova~ as ~neral Fund $ 95,355.82 Cigaret~ ~x F~d~. 30,443-00. Sewer Construction .Trust ~d ~0,910.26 ~ The bills were unani~usly o~ered pa~, on motion by ~. Ju~ney and seconded by ~. ~rritt. The meeting adjourned at 10:90 P.M. , .......... R. D, WORTHING . ' City. Clerk APPROVED: . ' Memorandum To: City Manager From: Clifton Harvel, Director Public Works Date: January 5, 1968 Subject: Comments Regarding the International Model 2544 Tractor The original proposal submitted by Engineering Machine Company bf Delray Beach for furnishing a trash loader, specified an International Tractor Model 2544. This is a new model tractor which the Company recently introduced; the advance literature indicates that the unit would meet our specifi- cations. This cannot be verified as there is not one of these tractors in this part of the 'State; neither is it possible to make an inspection of the tractor to determine the suitability for this type of work. Dealers are reluctant to stock a complete line of parts for a new model until a demand 'is created, therefore, the advisability of purchasing the first of a new, unproved, model is questionable. The additional cost of $470.44 to purchase the Model 2656 in lieu of the new Model 2544 is certainly justified to insure procurement of a unit which is'known to have given satisfactory service, and for one for which parts are readily available. It is highly recommended that the original proposal of Engineering Machine Company to furnish a Model 2544 be rejected in favor of a Model 2656. Advantages of the International Harvester Model 2656 Tractor and Boom as Compared to other makes. 1. The International is a larger tractor and weighs 1400 pounds more than the other two makes. This will provide more stability for the boom and bucket. 2. It has two hydraulic pumps, 'one of which is normally used for steering, but can also operate the main system if needed. 3. The International has the main hydraulic pump mounted on the side of the clutch housing where it is easily accessible and fully enclosed. The other makes of tractors have the pump mounted either on the front of the engine and transfer hydraulic pressure through long lines to the rear of the tractor, or the power takeoff is on the front and the rear-mounted pump is driven by a three section drive shaft having two universal joints. It is obvious that the remote location of the pump or power takeoff would require additional maintenance after extended use. 4. A six cylinder engine having 263 cu. in. displacement as compared to the other tractors which have 4 cylinders and a displacement of t60-172 cu. in. The bare engine H.P. is 73, other tractors are 62.5 and 56.8. The specifications required a minimum of 190 cu. in. displacement and 60 H.P. 5. The International employs a 12-volt ignition system with an alternator, whereas, the Ford Tractor is equipped with a 6-volt system and generator. The specifications required a 12-volt system. 6. The brakes on the International are disc type which will require very little maintenance and will rpovide positive braking action when running in reverse. Neither of these advantages are available with expanding band type brakes which are offered on the other tractor. 7. The clutch plate has a ring of "Teflon" pads which is far superior to the normal fabric clutch facings used in other tractors. 8. The International has a one piece separate frame which supports the boom, whereas, the frame on the Ford Tractor also supports the power train; although the Ford frame is heavier than on the model we are now using, it is doubtful that it could withstand the twisting motion which has caused failures on our presently operating Ford tractors. ~ The AC tractor has a 6-inch channel iron type boom support frame which is shaped by cutting and welding the angle joints. The ability of the frame and welds to withstand the twisting motion imposed on it by the swinging boom is uncertain. 9. The booms on the International and AC tractors are operated by hydraulic motors which is a much smoother power system than the two hydraulic cylinders which is employed on the Ford tractor. The International has the additional feature of a built-in hydraulic cushion for the extreme 10 degrees of boom swing on either side. 10. The hydraulic hoses and fittings are all easily accessible, which is not entirely true of the other makes of booms. It is imperative that a~trash loader be purchased which can reasonably be expected to perform satisfactorily for many years with a minimum of repairs and maintenance. The availability of parts in the immediate area is a factor which must also be considered. A comparison of the units proposed by the three dealers who sub- mitted bids disclosed that the International Model 2656 tractor will undoubtedly best meet this City's requirements for a trash loader. It is highly recommended that the alternate bid submitted by Engineering Machine Company of Delray Beach be accepted. Although the purchase price is $2827.00 more than the lowest bidder, and $1611.00 less than the highest bidder, the advantages of, the International Model 2656, as outlined above, will more than offset the initial additional cost. Funds are available in the current budget to defray the additional capital outlay. CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA Project No. 5964-I0a Asphalt Pavement Replacement CHANGE ORDER NO'. 2 This agreement entered into this 8th day of Ianuary 1968, by and between the City of Delray Beach, Palm Beach County, Florida, as party of the first part and Dixie Asphalt Company, as party of the Second Part, the same being a change or supplement to a certian Contract by and between the parties aforesaid, dated February 25, 1966, for the re surfacing of City owned streets which have been disturbed by the installation of sanitary sewers installed under Project No. 5964-8b-111. VCITNESSETH: .1. WHEREAS, the party of the First Part desires to amend the Contract to provide for the increase or decrease of the following units: Unit Item No. Item Units Cost Amount Items Increased 1. Asphaltic Concrete Surface ~. Course, Type 11 1,260 tons $6.69 $ 8,429.40 Items Decreased 2 Bituminous Prime Coat 2,000 gal. $0.19 $ 380.00 3 Bituminous Tack Coat 18,000 gal. $0.12 $ 2,160.00 Total Increase this Change Order $ 5,889.40 Increase ,Change Order No.1 dated 8/15/67 16,725.00 Amount of original Contract 70,436.00 Tatal' AdJusted Contract Amount $93,050.40 Il. THEREFORE, the Party of the Second Part agrees to carry out the construction of asphalt pavement replacement in the areas as designated by the party Of the First Part, for the same unit price as indicated in the original contract. 111. It is further agreed and understood that the contract was an open-end time completion and that the unit price will be valid and all work completed before ~uly 1, 1968. This Change Order shall not alter in any manner the force and effect of the original contract dated February 25,1966, and the same shall stand in full force and effect in all respects except as amended by prior agreement and by this agreement. CITY OF DELRAY BEACH CHANGE ORDER NO. 1 Project No. 5964-10a Page 2 Asphalt Pavement ReplaCema~_ Recommended for Approval RUSSELL & AXON CONSULTING ENGINEERS, INCORPORATED A ~EXIE ASPHALT C(;~¢PAI~ Approved as to Form: CITY OF DELRAY BEACH J City Attorney . /~or City Manage~ CiW Clerk ~~ RESOLUTION NO. 4-68. ~14-F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, PLORIDA~ ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LRVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE- PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach, did, in regul..ar.. ~~///////////session held on the 26th of June; 24th of '25th J.uly;14th ..... of Aug.& Of Sept, 1967 declare the existence of a sance upon certain-lots""o~!' p~Nce'is"of land, described in a list' sub- mitted to them, for violation of the provisions of Ordinance G-147; WHEREAS, p~rsuant to such declarat4on, .the City Clerk of said City did furnish each of the respective owners of the lands described in said list with a notice describing the nature of the nuisance and that they must abate said nuisance within thirty (30) days, failing in which the City Council would have it done, and the cost thereof would be levied as an assessment against said property~ and WHEREAS, the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respective lands within the time prescribed in said notice and Ordinance G-147, and the City of Delray Beach was required to and did enter upon the following lands and incur costs in abating the nuisance existing thereon as described in the aforesaid list; and WHEREAS, the City Manager of the City of Delray Beach, has, pur- suant to said Ordinance G-ld7 and the C~ Charter submitted to the City Council a report of the costs incur~.gd in abating the nuisance as aforesaid, said report indicating the costs per R~$¢el of land involved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN~L.~. ~.,- OF ~.THE CItY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That assessments in the indtv.idual amounts as sho~w~ by report of the City Manager of the City of Delray Beach, involving City's cost of aba~$~g~ ~e aforesaid nuisances upon the lots or hereto a~ ,made ~ p~,.~.~reof, are levied against the parcels described 9~ sai~ ~.~'°rt and in the amounts indicated thereO~,~]~~'' Said assessmen%,~.....~so ~gVied shal.1 be a lien upon the respective l~s and parcels of'~{a,d..described ~n said report, of the same nature and to the sa_.m~ e~ent as the lien for genera! city taxes and shall be col- lectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as city taxes are colleo~ ible. 2. That the City Clerk of said City shall, as soon as after the effective date, record a oertified copy of this resoluti~n in the office of the Clerk of t'hm Circuit ~ouxt in and for Palm Bcd'ch county, Florida, and shall furnish to each of the owners named in and upOn 'said report a noti~ that the City Counq.~l of the City of Delray ach, did, on 6tn of June; 4tn Sept., o~der the aba~ement 'ora certain nuisan~ ex~ng o~ thei~ d~scr£bed 1967 p~ope=ty a~ property owner having failed to a~ate such nuisance, within the 30 day 'period, whereupon it was a~.':,tgd by' the City at costs shown in said report and such assessments sha~: be legal, valid and binding obligations upon the property against '~W~ich said asse~smmnt~ are levied. This resolution shall become effective 30 days from the date of adoption, and the assessments contained herein shall become due and payable thirty days after the mailin~ date of the notice of said assessment, after which interest shall accrue at .the rate of 6% per annum on any unpaid portion thereof. .. · pAssED AND" ADOPTED im regula....r.., session ~ 'the , 8.th ~ay of Ja~l~ry , A.D. 19 68'~ AT~: __/S/ J .... L, Saunders MAYOR ~/i~. D. ~Wor th ing COST OF ABATING. NUISANCES' UNDER. ORDINANCE NO. G-147. Page 1. Attachment ,to Resolution :No..4-68.~ PROPERTY DESCRIPTION ?~.OWNER ASSESSMENT June 26, 1967 list. Lot 16, Block A, Tourist-Nook. O.D."P~iest, Jr'. $ 15.00 July. 24, 1967 list. Lot 9'less East 10 feet, BlOck ~. . F, High Acres First AdditiOn 'Anthony T. Torero $ 20.00 North 55 feet of South 443 feet of East half of Block 3, Priest's Elijah .& Earnestine Addition to Atlantic Park Gardens. Johnson $ 23.50 August 14, 1967 lis~. . Lot 15, Block 4.64. Ruth E. Kannel $ 25.00 September 25, 1967 list. Lot 30 and East 35 feet of Lot 31, J.W. & Adele Delray Beach Esplanade. Richardson ~ 62.00 Lots 2, 3, 4, 5 and South 23.47 feet of Lot 6, 'Clarke Runge The First. National BanR Addition. of Miami $111.00 Lot 1 less West 5 feet., Fairfax of Hollywood B~ock 115. Development, Inc. $ 20.00