02-12-68 F~U~.? 12 o 1968.
A regular meeting of ~he.C~y Counc.~ of Delray ~each was he~d ~n
the Council Ch~bers at 8=00 P.M., with Mayor J. L. Saunders ~n the
Chair, Acting City M~ager R. D. Wo~thing, C~ty Attorney Jo~ Ross
Ad~s, and Councilmen ~es H. Jurney, LeRoy .W. Merritt, J~es B. Wilson
and O. F. You~bl~d.be~ng present.
1. ~ opening prayer was delivered by the Reverend J. R. Ev~s.
2. The Pledge of Allegiance to the Flag of the United states of
~erica ~s g~ven.
3. ~e m~nutes of the r~ular Council meeting, of J~ua~ 22nd ~d
spe~al meetings of Janua~ 31st ~dFebru~ 9th, 1968, were ~an~-
~usly a~roved, on motion ~ ~. Jurney and seconded by ~. Merrett.
4. Mayor Saunder~ read the following, letter he received, ~ated Febru-
ary 8, 1968, and' signed ~ Mr. Jack E. Ni~a., ~nager:
"As Manager of the Delray Beach office of Merrill Lynch,
P~erce, Fenner & Smith Inc., I w~sh ~o thank you and the
City Beaut~f.~ca.t~on Co~i~tee for~ our award.
We appreciate the honor, and we are pleased that ~ have
contributed something to the further beautification of the
lovely city of Delray Beach."
5. ~. Merrett referred to the ~ec~t s~reet and ra~Lway crossing
repairs made at ~he F. E. C. Railway and S. E. 2nd Street, and asked
that the C~ty Eng,'neet and Director'of Public works be
through proper channels, for their f~ne ~rk at that haz~dous crossi~.
5. Mr. J~n~ referred to a petition he had received, ~s~gn~ bY n~ne-
teen residents, r~ard~ng the traffic and drainage condition on N.
7th Avenue. He ask~ that ~h~s ~tem be referred to the City Manager,
and asked that he take care of s~e.
5.. Mr. Jurney reported he had received a lengthy letter ~=om Mr.
Joseph B. McC~acken, 22 Grove Way, dated February 5th, concerning
-recommendations to.a City problem, and asked that this letter be re-
ferred to the City Clerk in order that it'.may be properly channeled.
5.. Mr. Wilson reported .he had .received numerOus calls fro~ property
owners and citizens Who a~e ~0~r~ed about the' .~ondition of the Beach
Revetment, and that he had suggested to each of the~ that they defer
any action until such time as Council has a workshop session at which
t~me everything pertaining to the revetment will be thoroughly con-
s ider ed.
5. =Mr. Youngblood commended the Police Department for the fine job
· they .have done in the western area concerning 'drunks and loitering,
but urged them to not let-up as the job has not yet been completed.
Further, there is much to be done, and it is still the desire to ul~grade
that section of the City.
5. Mayor Saunders reported receiving a call from a lady who is con-
cerned about the noise at the F. E. C. Railway property on S. E. 3rd
Avenue, and that he had informed her City Attorney Adams has been in
contact ..with the attorneys for the Railway Company. -He also re, fred
that he had been informed the'City of Lake worth is having the rail-
road tracks ~moved from the City to a western 1sca=ion, and askeU
that City Attorney Adams write to the City Attorney of Lake Worth to
find out what action they have taken, if any, and how same had been
accomplished if the tracks are being moved.
3O
6.a. The City Manager informed Council that the owners of Lots 1, 2
and 3, Block 77, located at the S. E. corner of East Atlantic and ls~
Avenues, have .offered same to the City for $60,000. cash at time of
delivery. He further reported that he had received an offer for the
City to purchase, if it so desires, the extension eastward from that
prol3ert¥ to S. E. 2nd Avenue, 'which involves the 'entire Bon Aire Hotel
building and the two. lots. sout]%..of '.the alZey at the rear of said hotel o
The City Manager said it is recommended these offers be referred
to the Administration for review and consultation with the Planning
Board, relative thereto, in order that the CitY Manager may submit to
Council, for consideration, a plan for ~ossible use thereof, and avail-
able financing ~-f determined feasible.
Mr. Jurney, during lengthy comments, said the area west of the
F. E. C. Railway tracks is in dire need of off-street 13arking and that
he believes that will be one of the major items in the sul-~ival of
Atlantic Avenue in the future. He then moved that this item be referred
to the Planning and Zoning Board, and the financing feasibility be
determined, etc. Mr. Merritt asked that the motion be amended to in-
clude the Traffic & Parking Committee along With the Administration and
the Planning and Zoning Board. The Change was accepted by Mr. Jurney,
and the motion was seconded by Mr. Wilson.
Mayor Saunders said he understands there may be a third parcel of
land in the same v~cinity offered to the City in the near future and
he would like that included in this motion, if, and when, the offer is
made.
That addition was accepted to the motion and second, and Upon call
of roll, the motion carried unanimously.
6.b. Concerning consideration for City participation in a meeting with
the Florida Public Service commission relative tO review of certain
public utility rates schedules, Acting City Manager Worthing said this
request originated in a. letter received from Miami' City Commissioner
Maurice A. Ferre, and that District Managers,. Mr. James Breedlove and
Mr. H. V. Hansen, of 'the Florida Power & Light and Southern Bell Tele-
phone COmpanies, respectively, are present and may desire to be heard
relative to this matter.
During comments, Mr. Breedlove said they are not contesting any
rights that are d£ctated by said letter from Mr. Ferre for a represent-
at£ve from the City to appear An Tallahassee on February 20th to listen
to an order that has already been decided by the Supreme Court of the
State of Florida. particularly rates of the Florida Power & Light Com-
pany and Southern Bell Telephone Company. He said if there is any
question regarding the rates or any service that the Florida Power &
Light Company and Southern~ Bell Telep~ione Company have failed to render
to the customers or to the ci~ies, they wou~d be glad to answer any
charges that come u13.
Mayor Saunders reported that Delray Beach had not participated in
a similar request last year, and it had been reported the surrounding
communities do not plan to participate this year.
The City Attorney explained th~ present request ~s that the City
of Miami wishes to go up a~d review', with the' FlOrida Public Service
commission and those companies, the future rate making policy, and that
he didn't see how anyone could be o'ffende4 if Delray Beach did not
elect to send a representative.
Following discussion and com~en'ts, by Mr. Hanson, Mr. Merritt moved
that this matter be tabled until ~he first meeting in March, the motion
being seconded by Mr. Youngblood and unanimously carried.
6.c. The City Manager submitted Supplemental Agreement No. 15, affect-
ing the Engineering Service Contract with Russell & Axon dated September
30, 1959, as agreed upon between the administration and the prinicpals
of Russell & Axon at a meeting Friday, February 9th. Further: "This
agreement differs slightly from the agreement considered by Council in
~workshop session We~lnesday, February 7th. This agreement provides for
an additional $950 in projected other engineering and resident inspection
-2- 2-12-68
=osts occasioned by the use of a 1.75% factor applied to the labor
costs~ as opposed to the original consideration of a 1.50~ factor.
TO sum it ult. in a ~ wo~ds;, asSthe admi~ietration has projected,
this sewer project engin~eering fees ~o Tropic Palms and Tropic Isle
would cost $33,722 under the terms o'~ the old contract, $37,280 under
the terms of the agreement considered at workshop session, and $38,230
or $950 in addition thereto in its~ present form.
Mr. Russell has convinced the administration that the 1.75% factor
is legitimate and is the lowest factor which they operate under with
any of their other clients, and the City Manager has printed proof that
the Florida Engineering SoCiety recognizes 2.00~ as the minimum per-
centage that should be considered du=ing current negotiations between
owner:and.engineer~. .Si ~.~,~_mnly. $950~_is the t..~t, al dollar difference,
I~. feel it'~4~.., be'a' Small?:'~tfferen~e'i]~ relationship to the total $670,000
project, as call'ed for Wxth' ' ~'Fxrst Federal 'saVings 'and Lgan Association
of Miami, and also, all engineering will be Paid for out of-the 'First
Federal funds. 'We are also bound by~i'the First Federal agreement to
have plans and specifications prepared Within 90 days and the contract
let for construction within 45 days thereafter, so. therefore, no delay
should be alloWed to occur in this matter. The':City Manager 'further
desires to call to your attention the fact that this supplementaI agree-
ment provides for total credit for the City's cost in providing for the
Master Sewer Plan for the entire Delray Beach Reserve Area, to become
effective and prorata reimbursement due from Russell & Axon effective
on the next sewer construction job undertaken~ I, therefore, heartily
recommend Council approval of Supplemental Agreement No. 15. This
proposed Suppiemental.>A~r.e~ement No. ~5, is~ and shall be understood to
be applicable only to the extension ~roject for the sewage distribution
system line construction extending southerly from 10th Street to the
c-15 Canal and between the Intracoastal Waterway and 1-95."
Mr. Jurney moved that Supplemental ~greement No. 15 be accepted on
the conditions as stated, the motion being seconded by Mr. Wilson and
unanimously Carried. (Copy of said Supplemental Agreement No. 15 is
attached to the official copy of these minutes.) See page 36-A-C2
7.a. The City Manager informed Council that a petition has been re-
ceived for reclassification of the South 100 feet of Lots 23 through
33 in~lus£ve less the'W~'t~'~-20 fe~t' t~ereof, ASBURY PARK HEIGHTS, from
R-1AA (Single Family Dwelling DistriCt) to R-3 (Multiple Family Dwell-
ing DiStrict), and that Council may deny this. request or refer same to
the Planning/Zoning Board for a Public Hearing to be held thereon, and
a recommendation from the BOard relative 'to th'e petition.
Said petition was unanimously referred to the Planning and Zoning
Board, on motion by Mr. Merritt and seconded by Mr. Jurney.
7.b. The City Manager informed Council that a request has been re-
ceived petitioning Council to vacate and abandon Lots 1 thru 9 of Sub-
division in' Block 124, together with the: service lanes, alleys and
easements, as shown on the plat thereof in the Public Records for Palm
Beach County; further, in consideration of such abandonment, the
petitioners have agreed to grant an easement over the east five feet
there6f for sidewalk pur~ses as'~ ~'~ '
was~origxnally provided and shown on
said Plat, and it is recommended~ thi'~ request be referred to the Admin-
istration for review and consultation with the Planning Board, to be
followed by recommendation to Council.
Mr. Youngblood 'moved that the Administration work 'Out said matter
with the Planning Board for future recommendation to COuncil, the motion
being seconded by Mr. jUrney and unanimously carried.
7.c. The City Manager informed Council that Mr. Fletcher Williams,
407 S. w. Second Street, D~lray Beach has made application for a Gratis
LiCense permitting him..,.~.......beco~.e.a.L~ndscape Gsrdener; further, that
his request is in compli'ance wxth SeCtion 16-4 of the City's Code of
Ordinances and ~t is recommended tha~ Council grant this request.
Said request was unanimously .granted, on motion by Mr. Merritt and
seconded by Mr. YOun~blood.
9-1 9--~
7.d. The City Mana.qer informed Council of a petition-being' received
from Mr. Billy Gene'~roslow"reques-ting th~ transfer of Occupational
License No. 198, issued .to Gerald G. Pence, operating as Delray Bowli~9
Lanes, 325 S. E. 1st Avenue; further, that Mr. Croslow has been invest~-
gated in the usual prescribed manner, approved by City and State Bever-
age Department agencies, and it is, therefore, recommended that the
petition be granted.
Said petition for transfer of license was unanimously granted, on
motion by Mr. Jurney and seconded by Mr. Wilson.
7.e. The City Manager informed Council that the Holley Advertising
~nc., doinq business as 'The Shopper' located in Boynt°n BeaCh, and
the ~.Pompano Shopper's Guide', engaged in.distributing advertisement
matter, house to house, request Council consideration for relief from
the manner prescribed and set forth in Chapter 16 of the Code of Ordi-
nances, requiring such material to be handed out to recipients only.
Further, it is recommended that both of these reqUests be referred to
the Administration for further_study and recommendation to be submitte~
to Council at the next regular meeting.
~ Attorney Frederick Hollingsworth, .appearing on behalf of both of
the petitioners, called Council's attention to the restriction on
distribution of news information as imposed in the City of Delray BeaCh
by virtue-of Chapter 16 of the Code of Ordinances being highly uncon-
stitutional, and following general discussion, .Mr. ~ Wilson .,moved ,to. grant
two weeks probational period to the two petitioners during which time
the parties concerned could confer with the City Administration and
arrive at something that is workable and fair to all concerned. The
motion was seconded by Mr. Youngbl0od.
Acting City Manager Worthing said he wanted to inform Council, and
all parties involved, that during such probational period, the operation
is otherwise subject to the provisions of the Occupational License
relative to fee which is ~25.00 .per day~ except local merchants, for
distribution of advertising matter.
Upon call of roll, Mr. Jurney, Mr. Wilson, Mr. Youngblood and
Mayor Saunders voted in favor of the motion and Mr. Merrett was opposed.
8.a. The City Manager presented RESOLUTION NO. 8-68.
A RESOLUTI(IN OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COST 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 LEVY TO BE A
LIEN UP(kN SAID PROPERTY IN AN A~OUNT AS SHC~dN BY RE-
PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 8-68 and attachment are attached to the
o~ficial copy of these minutes.) See ~ages 36-D-E.
Resolution No. 8-68 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Jurney .and seconded by Mr.
Youngblood.
8.b. The City Manager presented ORDINANCE NO. 32-6~ which provides for
rezoning 85 platted lots and 17 acres of unplatted lands, from R-lA to
R-3 classification, and informed Council that recently, at the request
of the property owners involved, and on the suggestion of Mr. Art Smith,
Planning Consultant, concurred in by the City Manager, the property
owners were requested to provide for replatting of the lots and submis-
sion of a proposed lay-out, for development of the seventeen acres of
land. Further, said property owners have fully complied with the City
Manager's directive, and prior to Council action on the ordinance on
this second and final reading, a public hearing should be held at' this
~ime in order that any interested .parties.. may be heard.
Mr. John H. Adams, Attorney for the petition[ers, cited the fact
that his clients had 'comnlied w£th the reau~rements of City Mana.qer
Gatchel in provid~'-Toz-replatting of' the heretofore l~reviQusly platted
lots as well as baying s~bmitted tentative sketch plan reflecting plat-
ting of the heretofore ~latted seventeen acres of land. He pointed out
that the replatting had been done within the framework of the roads and
water system presently installed, and the City would have control of the
drainage of the unPlatted lands before approving the plat prepared by
the developers.
Mr. Jurney moved that Ordinance No. 32-66 be passed, provided that
the owners of said property perform their duties and present the pro-
posed plat to the proper authorities. The motion was seconded by Mr.
Youngblood.
During discussion, .City Attorney Adams said it is best to consider
rezoning of prol~erCy-.se~arately from other contingencies.
During discussion, ~Mr. Jurney said he would like to retract his
motion. ~ ~
It was reported ~ th&t .the...'rePlat' .and the?proposed, plat., of~ the...un~ .~.
platted landS.'had.been delivered.to the. City Hall only this afternoon,
and had not been checked by the City Engineer, Planning Consultant-or
~lanning and Zoning Board.
Acting City Manager- Worthi~g said that he would like to recommend,
with Mr. John H. Adams' approval, that the City Manager be allOWed to
see the plat which complies in every respect w~th his directive to the
land owners, through Mr. Adams, and sai~ the item could come back to
Council on February 22nd.
Mr. Merritt ~,d~.%hat this item be tabled until the next regular
Council meeting to be held February 22nd. The motion was seconded by
Mr. Youngblood and carried unanimously.
8.c. The City Manager presented ORDINANCE NO. 1-68.
AN ORDINANCE OF THE. CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
THE PROVISIONS FOR HAVING CARNIVALS AND
CIRCUSES WITHIN .THIS CITY~ BANNING CAR-
NIVALS AND CIRCUSES FROM OPERATING WITH-
IN THE CORPORATE LIMITS ~ DEFINING CARNI~
VALS AND ~.CIRCUSES, AND PROVIDING A PEN-
ALTY FOR VIOLATION.
(Copy of Ordi~{a~ce~No. 1-68 is attached to the official copy of
these minutes.} ~ee p~ge 36-F.
There being no objection to Ordinance No. 1-68 at the public
hearing scheduled for same, Mr. Wilson moved that said Ordinance be
passed and adopted-on this second and final readin~g. The motion was
seconded by Mr. Merritt, and upon call of roll, Mr. Jurney,-Mr. Merritt,
Mr. Wilson and Mayor Saunders voted in favor of the motion and Mr.
Youngblood was. opposed.
8.d. The City Manager presented ORDINANCE NO. 2-68.
AN ORDINANCE RELATING TO ZONING; AMENDING
CH~ER: .29 OF 'THE CODE OF 'ORD.I. NANCESi OF
THE CITY OF DELRAY BEACH BY CREATING AND
ESTABLISHING A NEW USE DISTRICT TO BE KNOWN ~
AS "RM-1 - MULTIPLE FAMILY DWELLING DISTRICT'.'
AND PRESCRIBING THE USES PERMITTED THEREIN.
(Copy of Ordinance No, 2-68 is attached to the official copy of
these minutes.) See pages 36-G-H.
Mr. Robert Abbott, Director of Planning, Zoning and Inspection,
summarized the contents of said-ordinance for the benefit of the public.
There being no objection to Ordinance No. 2-68,. said Ordinance was
unanimously passed~,~ and adopted on this second and final reading, on
motion by Mr. Merritt ahd seconded by Mr.. JurneY:
-5- 2-12-68
8.e. The City Manager presented. ORDINANCE NO. 2-68.
AN ORDINANCE OF THE CiTY couNCiL OF THE
CITY OF DELRAY BEACH, FLORIDA, .ANNEXING
TO THE CITY: OF DELAY BEACH CERTAIN bAND
LOCATED IN SECTION 28, TOWNSHIP 46 SOUTH~
RANGE 43 EAST, 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.
Ordinance' No. 3-68 was unanimously placed on first reading, on
motion by Mr. Jurney and seconded by Mr. Merritt.
8.f. The City Manager. presented ORDINANCE NO. 4-68.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 3, DELRAY
BEACH SHORES, WHICH LAND IS CONTIGUOUS-TO EXIST--
ING'MUNICI.PAL LIMITS OF SAID CITY~ REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AND,i PROVIDING FOR THE ZONING" THEREOF.
1030 Rhodes-Villa Avenue
Ordinance No. 4-68 was unanimously placed on first reading, on
motion by Mr. Merritt and seconded by Mr. wilson.
9.a, The City Manager informed Council that an application to solicit
funds within the City, submitted by the American Cancer Society, Florida
Division, Inc., was processed through the Solicitations Committee and
the report of that committee is as follows; further, in view of the
dates for desired solicitations: not being in conflict with previous
Council approved periods of time for solicitation of funds by other
organizations, it is recommended that this application be granted.
"The Solicitations Committee reviewed the attached application
to solicit, submitted by the American Cancer Society, and recommends
approval of their request. Dates to be March 18th through 25th, 1968."
Said application by the American Cancer Society to solicit funds
in the City of Delray Beach from March 18th thrOugh the 25th, 1968,
was unanimously granted on motion by Mr. Youngblood and seconded by
Mr. Jurney.
10.b. Mayor Saunders reported that' City Manager Gatchel is in Atlanta
making application to the Department of Housing and Urban Development,
in an attempt to secure aid in financing the construction of a Storm
Sewer Project and had directed the City Engineer to proceed with ar-
ranging a meeting with Glace Engineering, In'c. ,. Consulting Engineers.
City Engineer Fleming reported that he had' conta'oted Glace Engi-
neering, Inc., informing them of the nature of. the Beach Revetment
failure, and explained the'pr°posed plans for 'investigating the cause
of such failure. Further, that Glace Engineering, Inc., is undertaking
the management of said investigation, and will start a field crew later
this week to checking and gathering engineering data in an attempt to
determine the engineering cause for the failure of the structure,
whether it came from some strata below or failure in the wall itself.
The City Engineer reported .he had received a telephone call from
Mr. David Winton, Hillsboro Beach Erosion Committee Chairman, reporting
they had been watching, the Delray Beach revetment very closely and had
also been comparing it with Hobe Sound, and were convinced that Delray
Beach had done the right' thing and hoped this failure would not cause
too much of a set back, further, they had experienced a similar conditior
-6- 2-12-68
in that area where, there had been an out-jutting point wh[ch had
suffered a failure similar to this one and it had been remedied with
a series of small groins,
10.b. Mr. Merritt referred' to a report from the City Engineer con-
cerning a petition for opening t~e north-south alley in Block 88, and
asked the City Manager-what the procedure is if this is to be ac-
complished.
Acting City Manager Worthing reported that he was not familiar
with said report, but if it is fOund to be proper and in the best
interest of the immediate area. 'that an answer would be forthcoming at
the next regular Council meeting.
City Engineer Fleming reported this had been discussed with City
Manager Gatchel and it was his thought that probably Council would
want a petition signed by the owners of fifty per cent or more of the
abutting property and then it is merely a matter of procedure by
Reso lut ion.
10.c. The City Manager presented Bills for Approval as follows:
General Fund $119,359.95
Water Operating & Maintenance Fund 7,012.94
Cigarette Tax Fund 5,358.00
Capital Improvements Construction Fund 2,147.55
Construction Trust Fund 16,446.55
The bills were unanimously ordered paid, on motion by Mr. Jurney
and seconded by Mr.. Merritt. The meeting adjourned at 10510 P.M.
.......... D, WO THX
City Clerk
APPROVED:
J/\MAYOR I
-7- 2~12-68
36-A
SUPPLEMENTAL AGREEMENT NUMBER 15
ENGINEERING CONTRACT
CITY OF DELRAY BEACH, FLORIDA
W~IEREAS, the City of Delray Beach, hereinafter referred
to as the OWNER, and Russell and Axon, Consulting Engineers, In-
corporated, hereinafter referred to as the ENGINEERS, entered
into a contract for engineering services dated the 30th day of
~eptember, 1959, and
WHEREAS, the ENGINEERS have informed the OWNER that it
would be in the best interest of the OWNER to provide competent
engineering, for the' design of sanitary sewer, extensions to cer-
tain areas south of the presently serviced areas, and more par-
ticularly described as:
That section bounded on the north by South 10th
Street, on the east by the Intracoastal Waterway,
on the south by' the C-15 Canal and-the west by
Highway 1-95.
NOW, THEREFORE, the parties hereto mutually agree as
follows:
1. OWNER authorize ENGINEERs to proceed immediately with
preparation of final plans and specifications, in the form of con-
tract drawings and related documents, for construction of:
a. Gravity interceptor sewage main.from the area
described above to the existing Lift Station
No. 1.
b. Sewage lift stations and force mains as re-
quired to pump sewage, from collection systems
within the project area described above, to the
gravity interceptor main provided in (a) 'above.
2. Estimated project costs for sewage facilities provided
in Section 1 (a) and (b) above, are $670,000, more or less; as
previously established by preliminary ENGINEERS' cost estimates
submitted in response to specific requests by the OWNE:R.
3. OWNER agrees to compensate ENGINEERS, for engineering
services authorized herein, in accordance with the chart for com-
pensation for Professional Services published in the Directory and
· ~Guide for Selecting and. Compensating Consulting Engineers (1966m67)
pUbliShed by the Consulting Engineers of Florida, attached, and by
reference, forming a part of this Authorization.
a. OWNER and ENGINEER agree that proj~ect costs,
used. in determining the Percent Compensation
due ENGINEERS hereunder, shall be'established'
. . . by adding the project costs of all water and
sewer projects constructed during ENGINEERS'
tenure with OWNER, to actual construction costs
of new work designed under this authorization.
b. For further clarification and avoidance of any
future misunderstanding, it is agreed that ser-
vices rendered.pursuant to this Supplemental
Agreement No. 15 shall be paid for on the fol-
~" ' - - lowing ~asis:
-1. Design work for lift stations 4.00%
., . ~ 2. Design work for force mains,
laterals and other outside
pipe work 3.75%
3. Consulting servides during
construction 1.75%
36-B
c. The OWNER agrees to pay to the ENGINEERS, on a
'monthly basis, that compensation for additional
engineering services necessitated under this
~ .. authorization, based on an amount equal to ac-
- · ..tual payroll costs multiplied by a factor of
1.75, in accordance with' the following hourly
rates per person:
Staff Members $9.50 per hour
Design Engineers 6.50 ,, ,,
Survey Party Chief 4.00 ,, ,,
Engineering Aides 4.00 ', ,,
Instrument Man 3.25 ,, ,,
Draftsmen 3.25 ,, ,,
Rodman 2,. 50 ,, ,,
Steno & Clerical 2.50. " ,,
In addition the ENGINEERS will be reimbursed
for office expenses and for travel on the job
~ . . at the rate of 10 cents per mile.
· '?~..~-~. ~ii '/" '- ?'d~ In the event the OWNER determines to direct the
ENGINEERS to provide competent resident inspection
and supervision, the OWA/ER will pay the ENGINEERS
on a monthly basis for such services in the manner
described in 3 (c) above. Resident supervision of
construction includes, but is not limited to, lay-
' 'i'iJ i'~ii~i~i' ing out of work, analysis of temporary structures
'~-.i~'. -/~ ..... and facilities, field supervision, field inspection
.... of materials and work, progress reports, prepara-
" tion of monthly and final estimates and final re-
port. As part of their duties as Resident Super-
~..?~??~i.i~ visors, the ENGINEERS shall render monthly inspec-
tion and progress reports to the OWNER.
e. It is mutually understood and agreed that on this
particular construction project, no credit will
be due the City for fees previously paid for the'
Master Plan; however, on future phases of con-
struction, it is agreed that the City will re-
ceive full credit for total Master Plan'FEES, it
~. being understood that such fees shall thereafter
be deducted proportionately from any fees that may
become due under subsequent final design authori-
zations for any portions of the areas covered by
the respective sections of the Master Plan report.
4. The terms and provisions of the contract between the
parties hereto, dated September 30, 1959, shall remain in full
force and effect, unless modified by this Supplemental Agreement
No. 15.
36-C
~ Executed this I.%Tk day of . , 1968.
, CITY OF DELRAY BEACH, FLORIDA
~/ MAYOR
'ATTEST:
RUSSELL & AXON
CONSULTING ENGINEERS, INCORPORATED
Authorized Officer
ATTEST: 2-
~thorized Officer ~
RESOLUTION NO. 8-68. 36-D
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTIN~
OUT ACTUAL COSTS INCURRED BY SAID CITY TO.ACCOM~-SH
LIEN UPON P OPE TY IN
WHEREAS, the City Council of the City of Delray Beach, did, in
regular.//~/~/////~////session held on the July..~4, August 14,
September 25 & October 30, 1967 declare the existence of a nui-
sance upon '~e~tain lots'or parcels 0f land, described in a list sub-
mitted to them, for violation of the provisions o~Ordinance G-147;
'~"~ WHEREAS, pursuant to such declaration, the~ City Clerk of said
City did furnish each of the respective owned-of the lands described
in said list with a notice describing the nature of the nuisance and
i that they must abate said nuisance within thirt~y (30) days, failing
in which the City Council would have it done~.~afld the cost thereof
would be levied as an assessment against sai~p~operty~ and
WHEREAS, the owners hereinafter named did fa~Z and neglect to
abate the nuisance existing upon their respective ~s within the
time prescribed in said notice and Ordinance G-147, ar~t~t]ae City of
Delray Beach was required to and did enter upon the following la~s
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 City Charter submitted to the..
City Council a report of the costs incurred in abating the nuisance
as aforesaid, said report indicating the costs per parcel of land
involved.
NOW, THEREFORE, BE IT RESOL~ED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the
City's cost of abating the aforesaid nuis~n~e.s upon the lots or par-
cels of land described in said report, a copy of which is attached
hereto and made a part hereof, are levie~against the parcels of land
described on said report and in the amounts indicated thereon. Said
assessments so levied shall be a lien upon the respective lots and
parcels of land..described in said report, of the same nature and to
the same extent as the lien for general 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 collect-
ibleo
2. That the City Clerk of said City shall, as soon as possible
after the effective date, record a certified, c~ of this resolution
in the office of the Clerk of the Circuit Co~ in and for Palm Beach
County, Florida, and shall furnish t~each ofthe owners named in and
upon said report a notice that the Ci~y~C~u~cil of the City of Delray
Beach, did, on the July 24, August 14, September 25 ~ qctqber 30, .%967
order the abatement of a certain nuisance existing on their described
property and property owner having f~fled to abate such nuisance,
within the 30 day period, whereupon it was abated by the City at costs
shown in said report and such assessments shall be legal, valid and
binding obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 days from the
date of adoption, and the assessments contained herein shall become
due and payable thirty days after the mailing date of the not,ce of
said assessment, after which interest shall accrue at the rate of 6%
per annum on any unpaid portion thereof.
PASSED AND ADOPTED in _~ sess~~4ayof
~gbrua~y , ~, A.Do 19,68 .
36-E
COST OF ABATING NUISANCES UNDER ORDINANCE NO. G-147.
PROPERTY DESCRIPTION OWNER' ASSESSMENT
Jul~ 24, 1967 list'.
Lots 10,111 & 12, Block 65. Maisie E. Buerk $42.50
August 14, 1967 list...
Lots lA & 18A, Seestedt-Stevens Ralph D. & Martha B.
Pr iesmeyer $ 28.75
September 25, 1967 list.
Lot 8, Block 23. Ett%el J. Mackey $18.00
October 30~ 1967 list.
Lots 6, 7 and South½ of Lot 5,
less East 5 foot R/W, Block 105. Ruth A. Hibarger $50.00
?
36-F
ORDINANCE NO. 1-68.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
T~E PROVISIONS FOR HA%-~NG CARNIVALS AND
CIRCUSES WITHIN THIS CITY; BANNING CAR-
NIVALS AND CIRCUSES FROM OPERATING WITH-
IN T~E CORPORATE LIMITS; DEFINING CARNI-
VALS AND CIRCUSES, AND PROVIDING A
ALTY FOR VIOLATION.
WHEREAS, the City of Delray Beach has heretofore
allowed carnivals and circuses to operate in this community
provided the sponsoring organizations first obtained the con-
sent of the City Council; and
~EREAS, Section 16-11, (71), Article II of Chapter
16, Code of Ordinances of this City provides that the license
fee for carnivals and circuses and other theatrical shows under
canvas is $500.00 and that such engagements shall not exceed one
week; and
WHEREAS, the City Council feels that carnivals and
circuses are in that category of businesses which are potentially
a menace to the public health, welfare, order, safety and morals
of the citizens of this City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Item (71) Section 16-11, Article II of
Chapter 16, Code of Ordinances of this City, be, and the same
is hereby repealed and eliminated from said Code of Ordinances.
Section 2. It shall be unlawful for any person,
firm or corporation to operate a carnival or circus within the
corporate limits of this City. A carnlval or circus shall mean
the commonly accepted concept of a traveling amusement show con-
ducted primarily under tents offering circus acts or a traveling
amusement show primarily offering rides and games for the amuse-
ment of the public. The definition shal! not include a festival
sponsored and operated by local citizens not employing profes-
sional assistance, nor shall it include theatrical performances
conducted within the confines of a permanent building.
Section 3. Any person, firm or corporation violating
the provisions of this ordinance, shall upon conviction, be pun-
ished as provided in Section 1-6 of the Code of Ordinances of this
City.
Passed and aaopted in regular session on this second
and final reading on this 12th day of February , 1968.
ATTEST:
City Clerk
First Reading J~anuar~ 22. 1968 ~
Second Reading .~ . ~ ........ ~ .-...~-.~.~
36-G
ORDINANCE NO. 2-68.
AN ORDINANCE RELATING TO ZONING; 'AMENDING
~HAPTER 29 OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH BY CREATIN~ AND
ESTABLISHIN~ A NEW USE DISTRICT TO BE KNOWN
AS "RM-1 - MULTIPLE FAMILY DWELLING DISTRICT"
AND PRESCRIBIN~ THE USES PERMITTED THEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,.
FLORIDA:
SECTION 1. That ~hapter 29 of the Code of Ordinances of the
City of Delray Beach is amended by creating and establishing a new
use district to be known as "RM-1 - Multiple Family Dwelling Dis-
trict''.
(A) USES PERMITTED.
Within any RM-1 - Multiple Family Dwelling District,~
no building, structure, land or watersha11 be used
except for one or more of the following uses:
(1) Any use permitted in the R-1 single family
dwelling district.
(2) Multiple Family Dwellings, up to ten units.
(B)SPECIAL EXCEPTIONS.
ChUrches
odges
Clubs
Parking
Hotels
Motels
Utilities
Civic Buildings
Public Buildings
Plaza DeveloPment
Cluster' DeveloPment
~ ~,~ Ten or'more Dwelling Units
Any application shall be considered as prescribed
(C) BUILDING HEIGHT REGULATIONS.
Buildings may be erected to a height not exceeding
/~ t2w~ty (~0)~ feet, measured from the'highest finished
grade to ~he ·ceiling of the highest floor. The
height requirements may be exceeded only by.special
exception as prescribed in Sec. 29-7.5% (site plan
approval).
(D) LOT COVERAGE.
No Principal' structure shall occupy more than thirty-
five (35%) per cent of the lot area. Accessory uses
only as prescribed in SeC. 29-7.5% (site plan approval).
(E) BUILDING SITE AREA REQUIRED.
~ach lot or parcel of land shall have an area of not
less than six thousand (6,000) square feet for a
singlefamily unit, and for each family unit thereafter,
an additional 1,000 square feet Shall be required.
(F) YARD REQUIREMENTS.
~ (1) Front. ~Yar~ There shall be a front yard havin~
dePthof not less than twentY-five (25) feet measuFed
from the streetright,of-way line to' the wall of the
36-G
Page 2. ORDINANCE NO. 2-68.
principal building or buildings, Where lots com-
prising forky (40%),per cent or more of the front-
age on one side ~f the. s%~eetbetween two inter-.
secting ~treets is developed with buildings that
have.front yardsgreater than twenty-five (25) feet,
no building shall project beyond the average front
line so established.
(2) ,Side Yard There shall be a side yard on each
side of the principalbuilding or buildings of not
less than fifteen,(15) feet~ On corner lots a side
yard of aot less than twentymfive (25) feet from the
property line of the intersecting street ~ha11 be
provided.
(3) R~r..Yard There shall be a.~.rear yard of at
leasttwenty~(20) feet measured from the principal
buildingor buildings.
(4) There sha!l be at least fifteen (15) feet be-
tween detached principal buildings.
(5) Where setback lines halve been established on
streets or .highways for the purpose of future street
widening the,.frOn~nd side yards shall be measured
from said "Setback lines,
(G) ACCESSORY BUILDING REQUIREMENTS.
For all structures the following requirements shall
be observed:
(1) Accessory buildings shall not be located less
than ten'(10) feet from any rear property line nor
less than fifteen (15) feet from any side property
line,
(2) No garage or other accessory building shall be
erected before the principal b~ilding is under con-
'' struction'to the~point of being fully enclosed,
(3) On corner lots, accessory buildings shall not
be located less than twenty-five (25) feet from-the
property line. of'theintersecting~ ~:str~t.c ~ ' ~, ,.
! \
(4) Where setback lines have been established on
streets or highways for the-purpose of future street
widening the front and side yards shall be measured
from said setback lines.
(a) PARKING.
Same as required in Sec,'. 29-4 except that there shall
be a minimum of one and one-half (1~) spaces for each
residential Unit.
PASSED in regular session on the second and~final reading this
12th day of ~Febr~mr~y ,1968. ~ ~ /w-Q
ATTEST:
City Clerk
~0~ First Reading Second Reading Janumrv 2~, 1968