03-25-68 ~C~ 25~ 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, James B. Wilson and
O. F. Youngblood being pr~.esent.
1. An opening prayer was delivered by the Rev. F. G. Pinkston.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The. minutes of the regular Counc£1 meeting of March 11, 1968, were
unanimously approved, on motion by Mr. Wilson and seconded by Mr.
Youngblood.
4. Mayor Saundere read a Proclamation, proclaiming April 19 and 20,
1968, as Buddy Poppy Days for the v. F. W. O'Neal-Priest Post No. 4141
of Delray Beach.,
4. City Clerk worthing read a letter from Mr..N.G. conklin,. Chief of
the Del-Trai.1 Fire Control Tax District No. 9, to City Manager Gatchel,
dated March 7, 1968, in which he refei-:ed to a fire on March let, at
the Sea Aire Villas, 1715 South .Ocean Boulevar~t, and expressed his ap-
preciation to Fire Chief Quinn and the Delray.. Beach Fire Department for
their co-operation-and quick action in handling th{s fire. Further,
Chief Conklin said if the Delray Beach Fire Department. should ever
need assistance, he hopes they will feel free to call on his. department,
Mayor Saunders ~[irected the City Manager to notify the Fire De-
partment of this commendation.
4. The City Clerk read a letter dated March 18, from Attorney Henry
D. Crowley, to City Manager Gatchel, expressing his sincere apprecia-
tion to the Delray Beach Police Department in general and to Patrolman
Donald Pierce in particular, for the thoughtful consideration given
Mrs. Robert Crowley on March 16th. whem:.she was involved in an auto-
mobile accident occurring in Delray Beach. Further, that Patrolman
Pierce exemplified the high standards of efficiency, courtesy .and
responsibility that the residents of Delray Beach have long been ac-
customed to receive from their Police Department.
4. The City Clerk read the -following letter dated March 16th, to City
Manager Gatchel from Mr. george I~. Breber, Sr., 115 N. E. 16th Street~
"I have read with a great deal of interest and some indignation
the head.line 'Cabanas Taking Over City Beach'.
My wife and I own a m~dest home on N. E. 16th Street and have
for about ten years.
We enjoy our Cabana on the beach, and the courteous treatment
accorded us by the operation of the service.
Our home is used for about three months out of the year. We do
not have any children using the local schools. We are, however, glad
to pay taxes as we realize the children of the Country require an ed-
ucation.
The residents also need fire and Police and other services which
taxes help pay for. -.
We pay for garbage and sewer taxes for twelve months, uncomplain-
ing, even if we only use them., for a short period of time.
I am sure there are many residents like ourselves who help make
the tax, sewer and garbage cost easier for the people using all the
above facilities the year around.
Shouldn't these winter residents who, incidently also spend many
thousands of dollars with local shop keepers and =es. taurants be allowed
a few things they enjoy?"
-1- 3-25-68
56
The City Manager referred to a complaint received at the last
Council meeting regarding the amount of space used by the cabanas at
the beach and reported that the arrangement of said cabanas has been
made in accordance with the plan as adopted ~n 1965 by the Council
a~pminte~ Committee.
5. Mr. Jurney commended the City of Delray Beach on the' fine work in
the capture of two criminals whc~.alleged!Y robbed the~Lil-General Store
on N. E. 2nd Avenue, and said he understands they may be wanted for
other crimes' also.
5. Mr. Jurney informed Council of a request from Mrs.. Emogene Morgan
and a committee of property owners adjacent to the 'Little League Base-
ball Field on S. E. 2nd Avenue, concerning the possibility of the city
developing a recreational Park south of the ball field similar to
KnowleS Park. He then moved that the City Manager and the Director
of Recreation study the feasibility of developing said property and
submit cost for same at the next regular Council meeting, The motion
was seconded by Mr. Wilson.
Mr. Merritt said this item haa been considered before, and in
the lease of that property to the American Legion it states they are
leasing that property with the understanding that it would be main-
tained by t~em {n a park~like condition until such time that they
would build their new club house on those grounds south of the ball
fi~'~. Further~ he does r~ot feel the City should go to the expense
of improving the area with it being leased under ~%hose conditions.
Mayor Saunders said he understands the County' is now maintain-
ing the ball field.
Mr. Jurney said he was not aware, of those conditions, and with-
drew his motion.
With the consent of ~r. Jurney, Mayor Saunders said this item
would be scheduled for consideration at a workshop meeting.
5.. Mr. Jurney said that enroute to the Catherine ~. Strong Community
Center to inSpect damage done at that' location by vandalism~ he ob-
served conditions that exist in the western part of the City of fUrni-
ture, junk, etc. stored in 'carports which creates a fire hazard as
well as a health hazard, and said if there are City Ordinances requirin%
property owners to keep their properties maintained in good order, he
feels it applies t~ the City as a whole. He suggested that the Fire
Chief be directed to survey the area and any properties found to be
contributing to the fire hazard be required 'to be cleaned up and
eliminate said hazard. Mr. Jurney reported that he had observed those
conditions between 5th and 6th Streets on S. W. 13th & 14th Avenues.
Mr. Jurney reported on the destruction to and around the Catherine
E. Strong COmmunity Center and said he is much surprised at such acts
of vandalism in this community and feels there shoUld be some effort
made to stop the destruction of public property.
The City Manager read the preliminary report made by the Police
Department on March 25th concerning the vandalism and destruction at
that community Center. He showed several poloroid pictures taken at
that location, and reported that other pictures have been taken but
are not yet developed.
5. Mr. Jurney reported he had been informed of sewer connections being
made in certain areas of the City, one of the areas being S. W. 10th
Street, that are not in accordance with the City Code° He suggested
that the proper department be directed to check into this item and that
the City Manager'report to Council ..following the invest~gation.'of same.
Mayor Saunders asked that the City Manager handle the complaints
reported by Mr. Jurney.
Mr. Norris Spells referred to the vandalism at the Catherine
Strong Community Center, and said he feels there are only a few of the
Negro youth who are to blame for such acts
Mayor S~ders asked Mr. Spells if he had any constructive sug-
gestions as to how the Council may remedy such a s~tuation of maliciou~
destruction of public .property.. DurXng further coments, Mr, Spells
suggested that a sti.£f fine be placed on the person caught' destroying
property, He said there is a group of men ..present tonight who represent
a new organization now in the process of being formed for the general
purpose of helping al! citizens of Delray Beach, and helping to solve
all problems that it is possible to help. solve, and assured Council of
the ass£stance of that organization if it is desired by Council.
Mr. Spells commended the PoX Xce Department for a :job well done
in the capture of the two men who robbed the nil-General Store recently.
Mr. Willie Simmons referred to inc£dents that occurred several
months ago between students from the Boynton Beach and Delray Beach
schools~ of the Police Department being called upon several times, and
of a Juvenile Counselor being called from west ~Palm Beach to come down
and talk to these boys; further, as to what can be done in this area
to help solve the problem of vandalism and destruction, he suggested
that 'a'. Counselor be e~.tablished here who can work with and talk with thc_
boys, a person that the boys would respect.
5. Mr. Wilson said~ he had been contacted by Mr. Al. Greenwood, 1109
Nassau Street, concerning the new rock to be placed over the plastic
screen in the beach revetment repair, and that after experimenting
with .same, Mr. Greenwood believes it is possible that this particular
type of rock might sustain a shr.~nkage over a period of thae both
from the action ~f water and from the battering action of the waves,
and has suggested the possibility of using a harder type of rock
quarried in some of the neighboring, southern state~ ....
Mr. Wilson asked that the City Manager pass' Mr.~. GreenWOod~'s com-
ments .and rOck ~amples and exhibits on to the pr~er au~or.~ties and
experts for an oP~nion from them.
City ~anager Gatchel reported that Mr. GreenwOOd. ~ad.: ~sc~ssed
this i,t, em~wi~h' him and it had been brought to the att~ntibn of t~be
Consulting .Engineers, PrOfessor Ron Smith, a specialist f~om..the
university of Florida,. and City Engineer Flaming, and ~t was .their
considered opinion that the'type of..rock, planned to be used is the
proper type for that use even though a certain a~Ount of it .will wash
away~ further,, the cost factor of the granite-type 'roCk wOuld not be
off-set by the benefits derived from it.
5. - Mr.' ¥0Ungblood re~orted he had received a l~tter from MrS. Clara
Green, Owner of ~Deiray Beach pixie shop, and MrS-'Hope Sanders of .the
Sanders Trading Post, whose businesses are located on West Atlantic
Avenue, complaining of a couple of men selling merchandise several
days a week on the. parki.ng lot of the West Side Liquor Store from a
maroon-co~ored~ .. ... ~ .Galaxie. . 500 car, LicenSe. Tag No. 1-2219.
It was questioned as to whether these men had. a license to sell
their mercha~ise, in Del=ay.~BeaCh.
Follow£~ng:discussion, Mayor Saunders suggested the POlice Depart-
men~ be alerted 'concerning this and the complaint be ~nvestigated.
6.a. Concerning a~ S~rvey of Parcels of land in violation of the C~ty's
nuisance laws presented, by the City Manager, Mr. Merritt moved that
the City Clerk be instructed to proceed w~th the enforcement of Chapter
15 of the Code of Ordinances, the motion being seCOnded'by Mr~o Jurney
and unanimously carried. (Copy of survey is attached to the official
copy of these minutes.) See .~ages 66-A'B.
6.b. Concerning a plaque installation 9~ the Municipal Beach in re-
cognition of.~its donor, City Clerk worth~ng read the following letter
from the Delray Beach HistoriCal Society, dated March 15, 1968~
"At the last meeting of the DelraY Beach Histor~cal SoCiety
Board, it was noted that markers designating the site of the House of
Refuge and the. Revetment had been instal~ed.
~ However, it. was also note~ that nothing .has been done to acquaint
our thousands of' winter v~rs. and our local c,~ti~'~nry that this m~le
long beach 'belongs to the'.~Y '0.~ Dei=ay~ Beach a,d ~ts free use is
available to the P~bl~c~ that ~is land was an outright gift to the
3-25-68
58
City by the Gleason heixs. There is no doubt But that this public
beach is 'the greatest asset' our City has 'and the donors of this land
have never been publiely Xec0gn~zed fc)r their generosity. Therefore,
the Delray Beach HistOrical '.S0C.iety earhestly recommends this recogni-
tion not be longer delayed by the City of Delray Beach and that a suit-
able marker be placed" somewhere on the Beach' stating how this Beach
land was acquired, 'the date it was acquired and any other 'information
which you may consider to be pertinent.
OUr Society', in addition to sponsoring ,this.pr.oject, wish we had
available funds which could be used to. bear the-entire, cost of this
project, but tO our regret, we do not have the available funds. We,
have just in the "past few days donated to the Public Library the sum
of $1,400.00. For this donation the Library is turning over to our
Society a room in the Lib=ary Bu~lding, which-will be our meeting
chambers and a situation where pictures, records and mementos having
to do with the early life of our City will be housed. Our only income
is derived from yearly membership dues of $2.00 per person who belong to
our Society. We assure, you, however, our group is solidly behind this
undertaking and we offer our best efforts in anyway :we. might be. able
to serve. It is our thinking this undertaking will not necessitate
the outlay of a large sum by the City.
We trust, with kind con'~sideration, you will treat the suggestion
we have made and will communicate your decision to Miss Addie Sun,dy,
our President."
During discussion, the City Manager pointed out that there are
no funds provided in the budget for such expense, but they could be
provided from the Contingency Fund if it is the d~s~re of Council.
Mayor Saunders suggested that this item be referred to the City
Man~ger for his, ~onsultation with the Historical Society, and some
cost figures be?obtained for consideration.
City Attorney Adams said that one of the problems is to be
historica-lIy autl~entic which 'would take some t~me and would also de-
termine :~he size of said plaque~
Upon Council agreement, this item was referred to the City
Manager as suggested.
6.c. The City Manager reported as follows concerning bids for street
l~aVing improvements .-
''Bids were directly solicited from five-paving contractors, and
a public notice, was published in two newspapers having a wide circu-
lation in south Palm Beach County, as well as Broward County, express-
ing the intent of the City of Delray Beach to provide certain street
paving improvements, and solicited sealed bids therefor.
These paving improvements, in accordance with the City ' s plans
and specifications for construction, are:
1. Furnishing all necessary labor and materials to clear,
fill, grade and pave with asphaltic concrete that ~or-
tion of N. E. 7th Court lying between 7th and 8th Ave-
hues, a distance of approximately 250 lineal feet, to
the City's standard specifications and width of 24 feet.
2. Furnishing all necessary labor and materials to clear,
fill, grade and ~ave with asphaltic concrete a distance
of approximately 400 lineal feet, to the City's standard
specifications and width of 24 feet, being an extension
westerly of the present southerly terminus of Davis
Road to the intersection of S. W. 24th Avenue. This
400 foot right-of-way was made possible by the preced-
ing Council authorizing the ~urch&Se of Lots 22, 23,
24 and 25 in Replat of 'Breezy Ri.~ge Estates, negotiated
and acquired by the administration, in order, to re-open
Davis Road and provide egress and ingresS to West
Atlantic Avenue from Sudan Subd:ivison to the north.
3-25-68
But one bid was received, that being from Hardrives .of Delray,
Inc., and for Item. No. 1, the bid was .$2,134.00 and for Item 2, the
bid was $5,170.00.
Both bids were below the estimated cost, determined by Mr. Mark
C. Fleming, the City Engineer. The County Commission has agreed to
share the cost of Item. No. 2. ~ It is recommended'.that the bids of
Hardrives of Delray, Inc., .be accepted.,
Following a question, City Attorney Adams assured Council that
it is legal to award the bids to the only bidder since the bid sol~cita-
tion was legally advertised. ~'.
when questioned by Mr'~ Merritt, the City Manager pointed out that
the recently purchased- paving machine was principally for maintaining
the 'City streetS-rather' than constructing new streets, and since Item
1 paving impr'0vement is' on an assessment basis., having been requested
by the abutting property owners, it is proper that said', pav.~ng be .con-
structed on a contract, basis.
Mr. Wilson moved that the bids of Hardrlves o'f Delray, Inc. be
accepted and the.projects be proceeded with."as 'soon~ as possible~ ..~he
motion being seconded by Mr. Merritt and unanimously carried.
City Manager Oat~hel said that~nasmuch .as Council, together with
the Consulting Engineers, has now determined that a drainage route,
for disposal of waters from the Southwest Drainage Project, be pro-
vided over S. W. and S..E. 3rd Street to the Intracoastal Waterway,
authorization is requested for abandonment of the original disposal
route to the C-15 Canal,' and surrender of the Option Agreements having
been obtained on lands necessary to provide such route, which, options
had resulted in an expenditure of $5,650.00. In answer..to.various
questions, the City Manager explained that the new route ,~would cost
several hundred thousand dollars less than the-disposal route that
had been considered which was mainly due to the conflict of that route
with the proposed interchanges for 1-95. Further, the open-ditch
drainage would have been costly to maintain, while the new route will
be rela'tively maintenance free as it will be piped underground and Wil~
be a health, safety, welfare and economical manner of getting the
water to the Intracoastal Waterway. Also',~ not only from', the .standpo.tnt
of initial construction, but future maintenance, as well as the aes-
thetics ~of the program, the new route is far more advantageous.
Mr. Youngblood moved to accept the 3rd Street Route to the
Intracoastal Waterway and that the Option Agreements concerning the
other route be surrendered, the motion being seconded by Mr. Jurney.
Mr. Norris Spells asked the route of this drainage installation
and approximately how long it would take for same to be installed.
The City Manager explained the collection system, the finger
routes, would be installed over, basically, the entire basin area in
the southwest section and would all be underground. The discharge
route would pick up approximat.ely at the-intersection of S. W., 8th
Avenue and 3rd Street, and from there a 60" pipe would be laid east-
ward on 3rd street to Swinton Avenue, and from that lo6ation WOuld
graduate to a 66" pipe and go directly to the Intracoastal Waterway
on 3rd Street.
As to the time of 'installation of this proposed drainage, the
City Manager said he was not able to get a definite commitment from
HUD in Atlanta, but the officials there feel 'the project is feasible,
all Of 'their questions have been ~'answered, they have. sent an inspector
to. Delray BeaCh .who has~..=eviewed: the~'benefited area,-and...the applica-.
tions made by Delray Beach are now being processed.
The' ~City Manager said he feels the project will receive a"favor-
able report, both from the standpoint of a Federal Grant requested in
the amount of $386,000. and a Federal Loan', the assessable portion
to the benefited properties in ~the area, requested in the amount of
$329,000. Further, that ~he does not expect any funding from the Fed-
eral Government before the first of their new fiscal year..which begins
July 1, '1968, and if those funds are granted, .the final plans, speci-
fications, etc., would be completed by the Engineers mad construction
could beain. -5- 3-25-68
6:0
Upon cat1 of ro:ll on the motion to accept the 3rd Street drain-
age route and surrender the Option Agreements, the motion Carried
un an imous ly.
7.a. City Clerk wor~h~ng informed Council. ~hat the Comprehensive
Community Mental Health Center of Palm Beach County ~requests the
City of Delray Beach to contribute $1,000 each year for the next three
years toward participation in the establishment of a Community Mental
Health Center in Palm Beach County, per their letter of March 13th,
signed by Dr. Edward. M: Eissey, Chairman of the Board of Directors,
and accompanied by other literature.
Mr. Wilson. said this request may properly be referred to the
Community Chest. and that the ~organization may be invited to become a
part of the Community Chest and participate accordingly. ~ He suggested
that it be referred to the Committee on Admissions ~and Budgets, of
which Mr. John Tallentire is Chairman, and possibly a workshop meeting
on same following discussion with Mr. Tallentire.
Following discussion, Mr. Wilson moved that the request, under
date of March 13th, from the Comprehensive Community Mental Health
Center of Palm Beach County, be referred to the Community Chest and
more specifically to the Chairman of the Committee on Admissions and
Budgets. The motion was seconded by Mr. Youngblood and carried unan-
imous ly. '
Mayor Saunders asked that Dr. Eissey be notified of Counc£1
action on this request.
7.b. The City Clerk informed Council that a petition has been re-
ceived requesting the City to annex all of Block A', Ocean City Estates,
subject to same being placed in R-3 zoning classification, and further
conditioned upon the ultimate abandonment of certain alleys within
the block, as well as rights-of-way abutting the land on the west,
north and east sides, said property comprising approximately five
acres and fronting on the north side of West Atlantic Avenue approx-
imately 340 feet west of the City limits, which, in that immediate
area, is the west line of Homewood Boulevard. Further, Council may
approve this request or, should it desire, refer same to the Planning
and Zoning Board for review and recon~endatton.
The request was unanimously referred to the Planning and Zoning
Board, on motion by Mr. Youngblood and seconded by Mr. Merritt.
7.c. The request of the Seacrest High School Exchangettes for use of
the Community Center Gymnasium for a Sadie Hawkins Dance on April
llth, from 7:30 P.M. to 11:00 P.M. was unanimously granted, on motion
by Mr. Youngblood and seconded by Mr. Wilson.
8.a. City Clerk Worthing presented ~MERGENCY ORDINANCE NO. 8-68.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AMEND-
ING SUBSECTIONS 24-7, 24-8, and 24-9, CHAPTER
24, CODE OF ORDINANCES OF SAID CITY RELATING
TO TAX ON CIGARETTES; FIXING RATES; PROVIDING
FOR COLLECTION AND USE OF PROCEEDS; AND OTHER-
WISE PERTAINING TO THE LEVY OF SUCH TAX.
(COpy of Ordinance No. 8-68 is attached to the official copy
Of these minutes.) See pages 66-C,D.
Ordinance No. 8-68 was unanimously passed on first and final
reading, on motion by Mr. Merritt and seconded by Mr. Youngblood.
8.b. The City Clerk presented RESOLUTION NO. 14-68.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING THE EXTENSION
TO MAIN 21 SANITARY SEWER PROJECT-NO. 5964-8b,
~ 23 and 25, LYING ON S. W. lOth STREET.BE-
D,
TWEEN PINE GROVE EL~V~NTARY' SCHOOb AND .INTERSEC-
TION WITH ~S., W. 8th AVENUE THBREC~, AS OPERATION-
AL AND SETTING THE EFFECTIVE DATE FOR THE INITIAL
SCHEDULE OF RATES, FEES AND OTHER CHAROES TO. BE IM-
POSED FOR THE. SERVICES AND FACILITIES FORNISHED BY
SAID EXTENSION TO SEWER MAIN 21 OF THE SEWER SYSTEM.
(Copy of Resolution No.". 14-68 is attached, to the official copy
of these minutes.} See page 66-E.
Resolution No. 14-68 was ~unanimously passed and adopted on fiFst
and final reading, on motion by Mr. Jurney and seconded by Mr. Wilson.
It was pointed, out ~that the primary purpose of the sanitary
sewer system is to get the sewerage out of the ground and out through
the ocean outfall.' Mayor Saunders directed, that the time limit on
connecting to 'the Sewer system be enforced.
9.a. ~ity Clerk Worthing read the following .Pl~nning and Zoning Board
report and said that~Counc£1 deferred action on this report at its
meeting of January 22nd.,~ desiring: to further study the request and
report: · ~
"At a regular meeting of the Planning & Zoning Board
held at 4:00 P.M., January 16, 1968, in the Council
Chambers, a public hearing was held for the purpose of
hearing objections, if anY, to ~the request for rezoning
Lots 17 and 18, Del-Harbour 'SubdiVision, from R~iAA to
R-3.
Mr. Adolph G. Brazis stated that all eighteen~ owners
in the Del,HarbOur Apartments object to the rezoning.
The .Board voted unanimously to recommend that City
CoUncil deny the reqUest for rezoning on the basis of
the Objectors, and the fact that the petitioner neither
appeared at the hearing nor indicated in any other way
that he intends to. build on his property if the new
zoning, Were to be granted." '
. Mr. Jurney said that following his'purchase and occupancy of
an .apartment in the Del-Harbour Condominium, he realized the condomin-
ium was. not on the harbor, and after the request of Mr. John Smith that
said Lots 17 and 18 be rezoned, he had negotiated with Mr. Smith for
the purchase, of Lot 18. He then referred to the second paragraph of
the above Planning Board report, and presented the ~following petition,
signed ..by all owners of-the Del-Harbour Condominium with 'the. exception
of three who are not in Delray Beach at present.
"We, the undersigned property owners and deed holders of the
Del-Harbou. r Condominium do not object to the rezOning of Lot 17 and
18, Del-Harbour Subdivision, from R-1AA to R-3 Multiple Family with
the only restriction that no building be over two stories in height
and to meet all other~ deed restrictions, and to conform with the
building code of the .City of~Delray BeaCh." '"
Mr. Jurney sam 'he feels the newly created RM-1 -zone would be
more suitable for this property 'and that ~it ~s his and.. Mr.. Smith's
desire that Council refer this item back to the.Planning and Zoning
Board for study and recommendation concerning it being placed in the
RM-1 zoning, classification.
Mr. Merritt moved that this item .be referred back tO the
Planning and Zoning Board accompanied by the petition presented by
Mr. Jurney, 'with.Consideration given to RM-1..classification of Lots
17 and 18, Del-Harbour Subdivis.iOn. The motion was seconded by Mr.
Wilson, and uPOn call of roll, Mr. Merritt, Mr. Wilson, Mr. Youngblood,
and Mayor Saunders voted'in favor of the .motion, and Mr. Jurney
s tained from rot ing.
·
9,b. The. City Clerk inf0rmed Council of an application to solicit
f~nds within the City, submitted~by the Delray Beach National Little
League, on Saturday, April 20th, by ~d~r to 'door Offering of Little
-7- 3-25-68
League Decals, having been received, and approved by the Solicitations
Committee, which further recommends Co~l~cil.. endorsement of the Little
League's activity. ~
The request was unanimously granted .and endorsed by Council,
on motion by Mr. Youngblood and seconded by 'Mr: Jurney.
10.a. Mr. Willie Simmons, representing the Progressive Committee for
Civic Action, a recently formed organization in the west side, informed
Council their group is present tonight with a Petition asking that a
baseball field with lights be established on the existing ball' field
at the Teen Town Center, in order that the teenagers and adults may
have the maximum use .of the field, which could =ontribute to less
juvenile delinquency.
Mr. Jurney asked that the~-City Manager obtain cost figures on
lighting said ball field for presentation to Council at the next meeti~
if possible.
The City Manager said the lights would~ cost from approximately
$7,500 to $10,000 and pointed out that there is not a sufficient amount
of City owned land at. that location for 'a Iight'e'd field with stands..
Mr. Jurney re~orted there have been requests and interest shown
in the construction of a baseball field that would accommodate more
activity, and the possibility of even bringing in a Major League Ball
Club for the winter season. He said he prefers to consider such a fielo/
rather than .just a small baseball diamond.
Mayor Saunde~s suggested that the cost of lighting the ball
field be obtained and then study the feasibility of installation. Mr.
Wilson suggested that the cost of obtaining additional adjacent land
also be determined.
City.Manager Gatchel said that Would be included in the study,
and a report would be made to Council as soon as ~ossible.
lO.a. Mr. J. Wm. Scl~malz reminded CounciI of his .report at the last
Council meeting of violations at the beach of the dog ordinance. He
rel~)rted having obServed that ordinance being violated during the
past two weeks and asked if there has ever ~been an arrest made for
such violation, as' he feels the law should be enforced..
Mayor Saunders asked the City Manager to alert the Police
partment and 'Lifeguards on this and that some action be take~,.
10.a. Mr. Schmalz said that ~ following his complaint of the placement
of cabanas on the beach, he was informed that the regulations con-
cerning same would be enforced, but that he could see no difference
from what existed' two weeks ago. He also. mentioned-that some employees
of the Cabana Concession are discourteous to the l~ublic.
During discussion and comments by Councilmen, Mayor Saunders said
there should be no discourtesy to the people .of. the town because they
do not desire to'rent a cabana, and that. condition should stop im-
mediately, but feels that is as far as the City can go. Further, those
t~eople' should be warned and should be told that there would be no
discourtesy to a person who does not want to rent a cabana.
10.a. Mr..Paul Herig, Chairman of the Building Code Appeal Board for
the City of Delray Beach, informed Council that he feels the City is
very lax in the enforcement of the building code, and in keep£ng.up with
the times, while all 'the neighboring ci.t~es have kept up with the
progressiveness of the building industry.
He further said he feels the City is not only lo~slng income
from the improper surveillance of licensing, but are in.violation of
the City Ordinances and are lax in ~not keeping up with the general
requirements. He mentioned the 'c~le on use of glass, l~aving sub-con-
tractors, proper marking of trucks, and air conditioning, and also the
fact that some of the unlicensed people may not be properly insured.
Mr. Herig said he feels the City should check into those matters,
and that their Board has a standing committee that was appointed, to
investigate violations and certain suggestions, etc., and said committee
WOuld be willing to assist .the C~ty of Delray Beach in any way possible.
Mr.. Merritt asked if it would be in-order to ask Mr.'Herig and
his committee to mak~ their recommendations in writing and present
them to Council for incorporation or amendment to the City's Code of
Ordinances. Mayor Saunders asked how the City Manager and City At-
torney would desire to use 'the services 'of that Committee,, and City
Manager Gatchel said he wo~ld like to discuss the matter with the
Planning, Zoning and Inspection Department before making any commit-
ment, but assured Council the Committee would be called upon following
Mr. Herig's offer.
10.b. Concerning a proposal of the County Commission regarding a '.
Special Tax District, City Manager Gatchel reported to Council as
fo 1 lows:
"The County Commission desires to provide for improvement of
S. W. i2th Street from Military Trail easterly to' 'A1A, with 106 foot
right-of-way, as well as an Intracoastal Waterway bridge.
Such improvement is determined necessary in order to~ make pos-
sible an Interchange ~n 1-95 at South 12th Street, 'inasmuch as the
County Commission has advised .that the area 'in South Palm Beach County
does not have sufficient east-west highways for assurance of inter-
changes and overpasses on non-exist'ing roads.
There are no funds available for such improvement and the County
Commission is Petitioning the City of Delray Beach-to promUlgate a
~petition' from freeholders in Delray Beach, Gulfstream,: Highland Beach
and unincorporated areas, all within an area deemed to be affected
and benefitted by the improvement of said S. W. 12th Street fr.~m
Military Trail eastward and across the Waterway to A1A. 'Such petition
has been deemed necessary by the County Commission to initi.ate a
referendum for establishment of a 'Special Tax District' for a 1/mited
5-year program. Such special taxing program to provide funds for this
road improvement project must, of necessity, be the result of a ref-
erendum whereby a majority of the registered freeholders so approve.
The esti~aated cost of the proposed improvemgnt of S. W. 12th
Street, from Military Trail to A1A, is $755,000.00, and based on such
estimate, it appears that a tax .levy of 0.'745 mills 'per-year, for a
five-year period, on the previously identified 'areas', will provide
sufficient funds to meet such estimated 'cost expenditure.
With your Agenda you received such data as prepared by Com-
missioner George Warren for this district. You had the opportunity
of hearing Mr. Warren personally on this matter heretofore, and now
Mr. Warren has provided the City, and for your consideration tonight,
with a map denoting this Special TaX District No. 2'. This ~s pre-
pared by voting precincts as established in the im~te Delray Beach,
Highland Beach, 'Gulfstream and surrounding unincor~x~ated areas.
Fur2he~more, he has provided, as he had committed to the City Council,
portfolios consisting of the data that you have with' your agenda, and
this was prepared by precincts for precinct workers or however it is
deemed advisable to contact the registered freeholders in this area.
Furthermore, he has furnished a list 'of the registered freeholders in
this area denoted on the ~ap.
I think you have seen in the news media of recent date in the
South County Area, there are .two other tax 'districts as proposed by
Mr. Warren, one in the general Boynton Beach area and ,the othe~ in
the general Boca Raton area, both such areas would be incorporated
other tax districts and both of-.them would be at a higher millage rate
for the five-year period than that as described in your agenda materi-..
al."
Mayor Saunders said it is his understanding that the Cities of
'BoCa Raton and Boynton Beach have gone on record of favoring the set-.
up and going ahead with it.
City Manager Gatchel r~ported further':~' "I received a communica-
tion from the Director of the Area Planning Board lending the support
of the Planning Board of the =ounty to'Such a proposal as thiS, and
further, another letter ~nv[ting .~those :~ntereSted parties on' 2he City
Council,-the City' Administration, and others, to a report to be given
in April to the Palm Beach County Area. for the transportation system
as has been designed for the South County..Area in particular by the
State Road Department and Bureau of Public Roads dealing with these
grade separations a~d the interchanges such as we are interested in
here."
Mr. wilson pointed out that grade separations are planned at
4th and. 10th'St~reets with an interchange at Atlantic Avenue, and if
there is to be a new bridge which is badly needed, it will have to
be somewhere near Delray Beach, and if the 12th Street interchange
isn't set up with 1-95 there won't be a bridge~ further, if-this pro-
posal is turned down,.-it may be Fears and .years before Delray Beach
could get a bridge. During further commente, Mr. Wilson recommended
endorsement of this project, and to see how the City can best implement
securing of the required number of~ freehol'd~r~ signatur, ea.
Mr. Merritt agreed that the bridge is an absolute necessity for
Delray Beach, but said that it seems as though the southern part of the
County is being sadly neglected as .far as. the primary road funds are
concerned, and that he is not pleased at being told tO tax the area
people to extend Congress Avenue when it is newly four-laned from
Palm Beach Junior College north. Further, if the poople vote to place
this tax against themselves, then he would have no other choice than
to vote for it.
Mr. Jurney said that he concurred, with Mr. Merritt's statements,
and he then questioned how and why the 12th Street route was chosen and
suggested that other route locations may be easier or more economical
to obtain. Further, that he would not endorse the proposal from Mr.
Warren, but would go on record as not being for nor against it, but
to let the people make the decision, if it goes to a public referendum.
The City Manager reviewed some history over the past few years.
of the planning of roads in this area, and said that Mr. Art Smith,
the former Planning Director of Delray Beach, was a member of the
County Technical Co-ordinating Committee whose .purpose 'was to co-ordi-.:
hate the planning for all of the Inter-county. T~, ~=.t~ion System with
the officials of the State Road Department and the Bureau of Public
Roads as it related to the funneling of traffic onto and off of
that said map was presented to Council at a workshop 'session, and the
County, unofficially at that time, adopted it and felt it was a
feasible plan for the development of the major thoroughfare throughout
the City, and 12th Street in its entirety was a part of that.program;
further, the City Council, at a later date, passed an Ordinance re-
serving a 106 foot right-of-way within the corporate limits for South
12th Street purposes.
The City Manager reported that rights-of-way for that purpose
have been donated from M~litary Trail to Germantown Road, and the
12th Street 'route right-of-way has also .been donated across the south-
erly edge 'of the shopping center site between Dixie Highway and U. S.
#1.
Mr. Bob Abbott, Director. of Planning, Zoning an~ Inspection,
said this study of roads started in 1965, and explained how the final
routes were arrived at by computer, following an intensive study,
FollOWing l~ngthy genera~ discussion, Mayor Saunders said it
is very important to have the.~t=west road into town and to have
another Intracoastal Waterway ~dge regardless of what the exact
location may be. Mr. Wilson then moved- to endorse the special tax
district, as proposed by Mr. Warren, the motion being seconded~, by Mr.
Youngblood~. Upon call o~.roll, Mr. Wilson, Mr. Youngblood and Mayor
Saunders voted in favor of the motion and Mr. Jurney and Mr. Merritt
were opposed.
10.c. Mr. Youngblood said that several weeks ago a number of COuncil-
me~ ~tendect'-~he~"7~. Am~ua~.:~on~r~-~ce o~ the~League, of Mu~iC,~altties
at Jacksonville, and ex~ples, of ideal municipalit~es w~e ~nted
out and rec~ended.
He said he feels t~ deve~o~ent of Delray Beach and growing f~
an ~~ st~d~int w~th ~s:~on ~is ~d in ~m~ison.
_1 ~- ~_~ K--~D
He also said he thinks the. Council agenda and handling o.f City busi-
ness· are an improvement over what was re,on, ended, and congratulated
the City Administration.
Mr. Wilson. concurred in the...~statements made by Mr. Youngblood.
10.c. City Manager Gatchel explained that. a spoil easement retaiaed'
by Corps of' Engineers for depositing of dredged material from the
Intracoastal Waterway is not confined to the Harbor basin within the
Tropic Isle Harbor Shopping Center area but also includes some useable
land, which makes that land ineligible for taxation. The City Manager
informed Council that the First Federal Savings and Loan Association
is asking the City's concurrence~ in a plan that the Bank has worked
out with the Florida Inland l~avigation District and recommended to
the Corps of Engineers.
He explained the plan as follows~ "The Federal Government is
willing to release this oblong. .:spo i l easement for a round spoil ease-
ment which exactly fits the round basin of Tropic Isle .Harbor if the
First Federal -Bank will dredge it to a depth of 16 feet. That 16
foot depth would then be useable by the corps of Engineers as a spoll
easement, anytime.~they wanted to dredge the Intracoastal."
The City Manager explained that dredging work would be done in
compliance with the Cit~ ordinances and would be at the expense of th~
Bank.
Mr. Merritt moved to grant them permission to proceed with the
OmPer. ation subject to supervision by City Enginee~Mark. Fleming, the
otlon being seconded by Mr. jurney and unanimoUsiY carried.
lO.c. city Manager Gatchel read the following letter from Mr. A. D.
Clelland dated March 23rd:
"EncloSed copies of correspondence with Glace Engineering Cor-
poration are'~for inclusion in the case history now being prepared for
the Beach R~vetment structure. These letters are dated in September,
1966. The recommendations of Glace Engineering Corporation, including
those findings of Coastal Engineering Department of the University of
Florida, are mu~h less than convincing and offer no solution whatever.
No further valuable energy, time, and~'.'money, Shouid be spent in such
directions. My reports and subsequent communications show that I
have given serious Study and understand your problems, and I can show
you now how to correct the situation and at the least possible cost.
If you are prepared to retain my services on a reasonable basis, I will
devote whatever time is necessary to accomplish this end. ! would
work as a consultant with the City Engineer who is as capable as any-
one else to do the job at hand."
Mr. Merr£tt moved that these reports be filed with the case
history concerning the revetment for possible future reference, the
motion being seconded by Mr. Wilson and unanimously carried.
10.c. Regarcling a request at the last Council meeting by Mr. R. O.
Priest for a temporary permit for. location of a frame structure on
West Atlantic Avenue in a Commercial ZOne, the City Manager informed
Council that he is prepared to present a report concerning same, but
that he has been advised Mr. Priest, the petitioner, suffered a coro-
nary condition and is now confined in a Hospital. The City Manager
recommended that this matter be deferred until Mr. Priest can attend
a CounCil meeting to represent himself on this matter
It was so moved by Mr. Youngblood, seconded by Mr. Jurney,
and unanimously carried.
lO.c. The City Manager informed Counc~il a request has been made by
the jaycees for use of the .City Park On Saturday and Sunday, May 4th
& §th, for 'the purpose of ~onducting t~heir Fun Days. Further, they
have. asked for permission to use the rest rooms at the. A~ult Recreation
Center, and first aid facil{ties, in conjunction with'~th~ .activity..
There was no objection by COuncilmen to such permiss"~a."~..be~ing ~ran~ed.
66
I0~'c. A Council workshop session was scheduled to' be held at 8=00 P.M.,
Tuesday, March 26th.
10.c. City Clerk Worthing read'the Beautification Committee Minutes of
the meetings of February 14th and March 13th:
The following excerpt from said minutes of March 13th was dis-
cuseed:
"Mrs. Bowen showed and described ~he plan~ing design for the
Veterans' memorial in the East Atlantic Park, which was prepared by
Mrs. George Zahn, a registered landscape architect from Delray. The
complete project would be done by some of the garden clubs and sponsored
by the Seagrape Club. Plan~ call for the City to remove th~ walk
around the monument, relocate the flag_~e, remove the preseut pla~t-
ings, and supply and plant 8 adonidia pA~ trees. Mrs; Evaul moved that
the plans be approved on the basis that the Committee suggestion that
part of the planting be eliminated for easier maintenance be taken into
consideration before being finalized."
Mr. Wilson said it is his understandi~ that said plan would be
altered as necessary and then be resubmitted'.' Mr. Elliott, Recreational
DirectOr, said that following the resubmission, the complete plan
w0uld be presented to Council.
1O.d. City Clerk Worth'ing presented Bills for Approval as follows=
General Pund $171,036.07
Water Operating & Maintenance Fund 5,606.22
Water ReVenue Fund 28,863.35
Special Assessment Fund 252.00
Refundable Deposits Fund 4,405.62
Sewer Revenue Fund 65,000.00
Sewer Construction Trust Fund 1,194.86
The bills were unanimously ordered paid, on motion by Mr.
Jurney and seconded byMr. Youngbloo~.
The meeting adjourned at 11:15 P.M,
. , . R o. D.. WORTHING ..........
City Clerk
AP PROVED: ;
66-A
PROPERTIES IN VIOLATION OF ORDINANCE NO. SECTI~S 15-3 and 15-4 OF T~ CI~
CITY
~ ~ CODE.
He.on Stevens ~ts 4, 5 ~d 6, Block 42. 15-3
224 N. W. 2nd Av~ue (228~236 N.'.W.,:~d.,Avenue). '
Delray Beach, Florida 33444 15-4
Hazel CI~ Lot 8, Block 42. 15-3
c/o ~attie I~ (220 N. W. 2~:Avenue)
231 S. W. 5th Avers 15-4
Delray Beach, Flor,ida 33444
3.
Josie G. Greene West 2/3 of Block 42. 15-3
5617 Sp~ce Street (201-249 N,. w. 3r~ Avers)
Philadelphia, Pe~sylv~ia 19139
Rosa Lee Loadholt ..Vacant part of Lot., l, 15-3
179-38 143rd Avenue , ....... B~ook,..34,,. ~ &
Sprlngf£eld Gardens',. New. 'York 'li434'(247'~i,".'[Wi:':4'[h'AVe.hU~) _ 15-4
· Lyn-RaY .Corp.... hot 3, ,.Block: 34. 1573
· 301 W.· Atlantic Avenue ~237 N.'W; 4~h Avenue) &
.Delray Be~ch, Flo.rita 33444 15-4
AleXander a Manor S~eph~s Vacant part of Lot 4, 15-3
105 'S. W. 72h AVenue ~lock 34.
Del~ay Beth, Plorida 33444 (233 N. W. 4th Avenue) 15-4
229'N. W. 4th 'Avenue ; Block 34.
Delray Beach, ~Fl°rida 33444 (229 N. w. 4th Avenue) 15-4
8.
~arlie A. ~ng LOt 6, Block 34. 15-3
c~o ~s. Mae Cathey (227 N. W. 4th Argue) -
120-33 170 Street 15-4
J~a~ca, New York ~1434
Douglas a Nettie M. Jackson V~ant ~art of Lots 7 and 8, 1~-3
221 N. W. 4th Avenue B. iOck 24. -
Delray Beach. Florida 33444 (217-221 N. W. 4~ Avenue) 15-4
10
Virq~e '~ee Nelson Vacant part o~ Lots 9 and 10, 15-3
211 'N. W. 4~h Avenue Block 34.
Delray Beach, Florida 33444 (211~213 N. W,-4th Avenue) 15-4
.'Jane JaCkson vacant part of East ~ of Block 15-3
c/o L. L. YoungblOod 34, less S~th 96 feet of North -
.P.O. ~x 1063 144 ~eet of East 135 ~eet and 15-4
Delray' Beach, Florida 33444 less E~t',"20 f~t'R~.
(~00-~48. N. w. ~rd Avenue)
66-B
Violations 15-3 and 15-4 as cOncerns this report are as follows~
1. 15-3 - Garden trash
15-4 - High weeds and undergrowth on parts of the lots
2. 15-3 - Garden trash
15-4 - High weeds' and some undergrowth
3. 15-3 - Garden trash
15-4 - Heavy undergrowth and high weeds on ~arts of the area
4. 15-3 - Garden trash
15-4 - High weeds~and some heavy undergrowth on parts of the
5. 15-3 - Garden trash
15-4 - High weeds and some heavy undergrowth on parts of the lot
6. 15-3 - Garden trash
15-4 - High weeds and heavy undergrowth on parts of the lot
7. 15-3 - Garden trash
15-4 - High weeds and heavy undergrowth on parts of the lot
8. 15-3 - Garden trash
15~4 - High weeds and~heavy undergrowth on parts of thelot
9. 15-3 - Garden trash
15-4 - High weeds and~heavy undergrowth on parts of the lots
10. 15-3 - Garden trash
15-4 - High weeds and heavy undergrowth on parts of the lots.
11. 15-3 - Garden trash and bottles, cans, etc.
15-4 - High weeds and heavy'undergrowth
submitted to the City Council by the City Manager On
this 25th day of March, 1968.
66-C
ORDINANCE NO. 8-68.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DELRAYBEACH, FLORIDA, AMEND-
IN~ SUBSECTIONS 24-7, 24-8, and 24-9, CHAPTER
24, CODE OF ORDINANCES OF SAID CITY RELATING
TO TAX ON CIGARETTES; FIXING RATES~ PROVIDING
FOR COLLECTION AND USE OF PROCEEDS; AND OTHER-
WISE PERTAI~ING TO T~ LEVY OF SUCH TAX.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1~ That subsections 24-7, 24-8, and 24-9,
Chapter 24, Code of Ordinances of the City of Delray Beach,
Florida, be an~ the same are hereby amended to read as follows:
"SECTION 24-7 TAX IMPOSED
An excise or privilege tax in addition to all
other taxes of every kind im4)osed by law is hereby
levied and imposed upon the sale, receipt, purchase,
possession, consumption, handling, distribution and
use ofcigarettes in the territorial limits of the
city for cigarettes of standard dimensions as defined
by the general law of the state in the following amounts:
1. (a) Upon all cigarettes, as herein defined,
four inches long or less, five and one-half mills on
each cigarette.
(b) Upon all cigarettes, as herein defined,
more than four inches long and not more than six inches
long, eleven mills on each cigarette.
(C) Upon all cigarettes, as herein defined,
more than six inches long, twenty-two mills on each
cigarette.
2. The description of cigarettes contained in
subsection one of this section are hereby declared to
be standard as to dimensions for taxing purposes as
provided in this ordinance and should any cigarette be
received, purchased, possessed, sold, offered for sale,
given away or used of a size other than of standard
dimensions, the same shall be taxed at the rate of one
cent on each such cigarette.
3. Where cigarettes, as described in subsection
1. (a) above, are packed in varying quantities of twenty
(20) cigarettes or less, the following rate 'shall govern:
(a) Packages containing ten (10)'Cigarettes
or less require a five and one-half cent (5%¢) tax; and
(b) Packages containing more than ten (10)
but not more than twenty (20) cigarettes require an
eleven cent (11¢) tax.
66-D
Page ~. ORDINANCE NO. 8-68.
4. Where cigarettes, as described in subsection
1. (b) above, are packe~ in varying quantities of twen-
ty (2~) cigarettes or tess, the following rates shall
govern:
(a} Packages containing ten (10) cigarettes
or less require an eleven cent (11¢) tax; and
(b) Packages containing more than ten (10)
but not more than twenty (20) cigarettes require a
twenty-two cent (22¢) tax. -
5. Where cigarettes, as described in subsection
i. (c) above, are packed in varying quantities of twen-
ty {20) cigarettes or less, the following rates shall
govern:
(a) Packages containing ten (10) cigarettes
or less require a twenty-two (22¢) tax; and
(b) Packages containing more than ten (10)
but not more than twenty (20) cigarettes require a
forty-four cent (44¢) tax.
SECTION 24-8 COLLECTION
The tax levied and impose~ herei~n ~hall be col-
lected by the Beverage Department of the state in the
manner prescribed in Chapter 210, Florida Statutes.
SECTION 24-9 USE OB FUNDS
All funds received by the city by virtue of this
ordinance shall be paid into a separate fund to be des-
~gnated 'cigarette tax fund' and shall be used and. ex-
pended only for the purposes specified in Section 210.03,
Florida Statutes."
Section 2. All ordinances in conflict herewith are
repealed.
Section 3. This ordinance shall take effect April
1, 1968.
PASSED by the City Council of the City of Delray
Beach, on this 25th day of March, 1968.
MAYOR
ATTEST:
~/S~ R. D. WORTHING
City Clerk
66'E
RESOLUTION NO. 14-68.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING THE EXTENSION
TO MAIN 21 OF SANITARY SE~'~R PROJECT _NO. 5964-8b,
AREAS 23 and 25, LYING ON S. W. 10th STREET BE-
TWEEN PINE GROV~ ELEMENTARY. SCHOOL AND INTERSEC-
TION WITH S.- W. 8th AVENUE THEREON, AS OPERATION-
AL AND SETTING THE EFFECTIVE -DATE FOR THE INITIAL
SCHEDUI~ OF RATES, FEES AND OTHER CHARGES TO BE IM-
POSED FOR THE SERVICES AND FACILITIES FURNISHED BY
SAID EXTENSION TO SEWER MAIN 21-OF THE SEWER SYSTEM.
WHEREAS, the Cityentered into a contract for engineering services
with Russell &Axon, Consulting Engineers.,.on the 30th day of Septem-
ber, 1959, and
WHEREAS,~ pursuant to said contract, Russell & Axon designed an
ocean outfall sewer system together with llft stations and other
sanitary sewer improvements, hereinafter referred to as Project
5964-8b, and
WHERF~S, Russell &Axon was hired to perform consulting and resi-
dent inspection services for Areas 23-and 25 and extensions thereto
of Sewage Works Project No. 5964-8b, and
WHEREAS, it is deemed to be in the best interest of the affected
properties that the initial schedule of rates, fees and other charges
to be imposed for the services and facilities furnished by the sewer
system, as set forth and contained in Resolution No. 1359 and Ordi-
nance No. ~-55~, are to become effective .the first day of May, 1968,
and
WHEREAS, Russell &Axon has recently certified, as operational,
the extension to Main 21 of Sewage'Works Project 'No. 5964-8b, Areas
23 and 25, such extension commencing .at the Pine Grove Elementary
School and extending westerly along S. W. 10~h Street to intersection
with S. W. 8th Avenue..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That the extension to Sewer Main 21 of Areas 23 and 25 within
the Sanitary Sewer System heretofore designated Project No. 5964-8b,
which portion is specifically identified hereinabove, is hereby ac-
cepted by the City as being operational,, and the initial schedUle of
rates, fees and other charges previously established, and applicable
thereto, shall become effective 'May 1, 1968.
2. That nothing herein contained shall be construed as discharg-
ing the contractors from the strict performance of their remaining
contractural duties.. That each of the contractors, and their bond-
ing companies, remain responsible in all respects until released in
accordance with their agreements with the City.
PASSED AND ADOPTED this 25th day of March, 1968.
?~S~..L' Saunders
MAYOR
ATTEST. -
/$/ R. D. Worth inq.
City Clerk