06-10-68 JUNE 10, 1968.
!
A regular m~etLng of the City Council of DeLray Beach was held
in the Council Chamber~ at. 8~00 P.M., with Mayor J. L. Sau~ders' in the
Chair, City Ma/lager David M. Gatchel, City Attorney John Ross Adams,
and Councilmen Ja~es H. Jurney, LeRoy W. Merritt, Jalaes B. Wilson and
O. F. Youngblood being present.
1. An opening prayer was delivered by the Rev. Donald Waldron.
2, The Pledge of Allegiance to the Flag of the United States of America
was given.
3. The minutes off the regular Council meeting of May 27th and special
meeting of June 3rd, 1968, were unanimously approved, on motion by Mr.
Merritt and ~econded by Mr. Youngblood.
47 City Clerk Worthing read letters addressed to Mayor J. L. S.aunders
protesting construction of the proposed Q~al£ty court Motel on East
Atlantic Avenue, from the following peoplet
Mrs. Ernest Burgess, Island Drive
Mrs. Alden L. Painter, 1012 North Vista Del Mar Drive
Mrs. Forrest C. Lattner, 402 North Ocean Boulevard
Mrs. John Berdan, 1230 Seaspray~ Avenu9
.,Mr. C. Theron Van Dusen, 800 North Ocean Boulevard
Mr. Ben~J;~..a.m. !n Foster, 40.2 V~.netL&n Drive . . .
Mrs. Regina'~d ~B. Btgha~' 9i'O'~eia'~uc'a aoad ....
5. Mr, jU'rney referred to th~ letter's ~ust r~ad C0ncer~ing~ th~ pro~.
posed Quality Court, and commented on the parking Situation Sn that
area. He said he felt the parking problem is so great that the Council
and Plann.ing. and Zoning Board should call an emergency, meet£ng, to try
to arrive at some clear and concise planning as to the intent of those
developers. He asked if the City Manager could set up such a meeting
with ,the. Planning and Zoning Board so 'that the parking pr0bleims of tl{e
City could be considered.
5. Mr. Jurn.ey reported ,receipt of a call' fr°m ' Mr. Hardin oi T~Pfc
Palms SubdivLsion 'regarding ~he bad c~ndition' of the city in
particularly on'week ends.. He asked if th{s~matter could be
gated.
5. Mayor Saunders asked 'that the City Manager give a p~ogr'ess report
-on iehat is being done about the requests received at the last two
Council meetings from different groups from the western sector of the
City. The City Manager said the A~migistration h~s not as yet completed
the full analysis, of the numerous reqtiests made in the presentation by
the Christian Movement for Civic ActiOn.
· Concerning the request ~or ~. ~u~mer j.0bs for the youth of the City~
he reported that, '.pursuant to: coUn~il'~'instruc~ion, he had.. been in close
contact witch the Executive' Secretary o~ the chamber of Commerce, and
formally ~ecl~ested by letter, that the Board of Directors of the .Chamber
of Commerce consider the counci!'s interest in this m&tte~, and.t° '.con-
sider the possibility of the Chamber acting as-a Clearing house, coor-
dinatbr or a placement bureau, for all available summertime Jobs~ and
all applicants for the jObs~' He .sa'{d the 'Board of' Directors met last.
week with CounCilman Wilso, n present, as a representative from the Coun-
cil, and asked that Mr. Wilson report on the. resuI~ts of that meeting..
Mr.-Wilson reported that the. Cham~.r o.f Commerce Board of Direc-
tors voted unanimously to sponsor and also~ Support the youth employment
program, and read the draft of a letter that will be mailed this week
to approximately 480 members o.f the chamber, explaining Said program-
and asking their support and partiCipation in the program, It .was re-
ported that the League of women Voters will assist 2he Chamber of Corn-
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merce with the program and Mrs... Phyllis Plume of that organization will
be co-chairman of the Committee~ further, the press will give their
whole-hearted and active cooP~ratiOn to the program,
Mayor Saunders expressed his' appreciation. to ~-the Chamber of Com-
merce and others for their "interest in this 'PrOgram,.
Concerning pay raises, the' City Manager ~r~por~ed as follows: "I-
tem No. two has to .do with pay raises. Of course we 'had. previously
stated, and this being at Council direction, that such consideration of
a revamping and an updating of the job classification and pay scales
were in the making now and of course would be a very integral part of ..
the budget for th'is coming year. This is nothing out of the' ordinary,
this goes on year after year, but in addition thereto, at Council
direction, here again is an updating of the now quite obsolete document
that we .haVe in the Administrative Code deali~ng with personnel policies
and procedural matters. I would like to report to the Council that, as
in the past and at your discretion, Mr. Weber, myself, and certain
stenographic personnel are hard at work on this matter and this will
all haPe to be'='ompleted;~' 'the.. personnel policy manual, the job clas-
sification and pay scale, before the budget can ever be completed as
that is a very, very importa~t part of ~it. The budget, itself, is com-
posed of in excess of fifty per cent of the total in wages alone. This
is proceeding quite rapidly, and' as d'i~iigent~y as'we can apply' ourselves
at the present t~me."
The City Man~ger said that Item No~ '3 on the ~list has tO do with
police patrol and the operation of 'the Police Department. He reported
that he and the Police Chief had a meeting today W~h representatives
of the organization presenting ~the re~/uest and there are some of their
recommendations that can and Will be taken into consideration and ap-
plied as rapidly as possible, while other recommendations may take a
little more time but feels this matter is of current consideration at
~he present time~
Regarding the 4th item, the field of Recreation, the City Manager
said he thinks the main concern 'for additional recreational facilities
is the lighting of the Temn~.. TOW~ ball field'. He presented the follow-
ing memorandum from' Mr. A~fred Elliott, Director of Parks and Recreation,
which was prepared: following severai weeks of intens~ve investigation:
"It is recommended that the present field at Teen Town
be used this summer, supplemented with night games at
sterling Field starting July 1', when this field will be
available on Monday, 'Tuesday,' ThurSday, and 'Saturday
nights, It 'is further recommended that the lighted
Pony League size field be planned for in the new budget,
which becomes effecti~e~ on October 1.
· This recommendation i~ made'because itwili take a
min'imum of 6 weeks to construct this new field, and prob-
ably longer. This would take the present field out of use
When it' is ~eeded 'the most, and. the new.. field w~uld .not..be
ready for use until sometime "'in. AUg~S't, when '.the baseball
season is over.
STEP BY STEP PROCEDURB
1. SeCur. e th9 necessary funds,:" .No funds are budgeted in
' the present Budget for a lighted ball 'field at' Teen
Town. This project will be included in the '1968-69
budget request for Parks and Recreation.
2. Lay out the new field - PreSent field must be abandoned.
3. ~ar!...and[..cia¥'~f6r'~&W i_nfield, This will be soft and
will take time to ~ack down'.
4. Install' sprinkler S~st~em - Time is required to get the
sprinklers'-after th~iy are ordered. ''
5. W0r.k- on the. outfield'- Fill be required, then muck, and
finally grass. It .Will be more~ economical to plant seed
than to sod the 'entire outfield. It will require .time
for the grass seed to' grow.
6. I. nstall~ ~li~hts -' Bids must be taken, and time ~st be
allowed for the contractor to complete the work¥
6-10-68
?, ~~~~l"- ?he backstop must be moved from
the property .line and rebuilt in its new location.
Fencing will 'include a. chain link fence around the
field, and a protective fence for players and spec-
tators.
8. Parking - A paved parking area is part of the project."
The City Manager reported that .there are no funds budgeted at
present for a lighted ball field at Teen Town, and said project will be
i~cluded in the recommendations for 1968-69 Budget requests for Parks
and Recreation; further, the total present Contingency Fund would be
expended, and Council would be left without any Contingency Fund for
the remaining portion of this year, if this ball field construction
was undertaken at this time. He explained in detail each of the eight
Steps of procedure concerning construction of said ball field.
Following a question by Mayor Saunders, the City Manager reported
that following the last Council meeting when mention was made of a
$5,000. donation for recreation, also the donation of 10 poles by
Florida Power & Light Company, the Power Company had been contacted
concerning donation of said poles. He said he was advised by Florida
Power and Light Company that if, and when, the City has definite plans
for utilization of such poles, they would be glad to discuss it at that
time and if at ali possible would be glad to donate the poles directly
to the City. Further, he had not heard anything more concerning the
$5,000, donation..
6.a. City Manager. Ga.~c~el said that. 'bids .for :c.onst. ruction of the sewage
transmission lines and related appurtenances .in the souther, n Tropic Isle
and Tropic Palms area were opened, made public, and referred to the Con-
sulting Engineers on June 3rd for tabulat£on, review .and recon~endation,
which is shown in the following excerpt from the Consulting Engineers'
"It is recommended that'a contract be awarded to the :. .
low 'bidder, Cambron Construction Company, Inc., Or!ando,
Florida, for. construction of the .'SoUtheast In.t.e,~ceptor,
Force Mains, Addi. tive Items and Lilt Stations'., in ..the,
_ amount of .$511,402.15."
(Copy of report from Russell & AXon, dated June 5, 1968, is at-
tached ..to the official' cop~ of these, minutes..)see pages ~24,A~.B.
Mr Youngblood asked if the cost of .$511,402.15 Would comp. lete
this' entire project..
The City Manager reported, that amount woUld coml0!ete .the, construc-
tion portion of the Contract, ~and informed' council that in addition_ .to
the constrUction cost,~ there are Engineers' fe~s, certain Survey ';fees
an.d small items of .investment the Ci'ty'-has maae ~o date,., all .b.ei~ng~
charged to the agreement' the Ci'ty has with the First Federal Sav~.ngs
~nd Loan Association of Mialhi,' and the total expenditures are wel'l
within' the .aVailable-funded, · '
.. It was lx~inted ou~ that ·this installatiofl' provides the main trunk
~ine down South 'F~i~rai' Highway, but doeS'tnot~.p.rovide;, for .a Collection
system, that, each deVelOper will/have .tO' provide 'a coliec~i°n system
for each de.veIopment.
Mr. Merritt moved'that the City accept' Cambron ConstruCtion Co.,
Inc. offer to construct the soUtheast Interceptor & Force Mains and
Sewage Lift ·Stations, in the amount of $511~402.15;-'the motion' being
seconded by Mr. Wilson and unan'imously carried.
6.b. Regarding resident supervision for constrUcti~n of .Sect'~ons I and
II in the Southeast Area of Sewage WOrkS...~rojec~t No.. 5964-'8c, -the City
Manager said that in co.mplian~e with~'coUncil egtablished'Po~'icy,' such
supervision shou!d be provided for prior to commencement of the project,
Further, .subject :to i't being .the pleasure Of Counc£! '~o -continue with
the present SeWage Works ProJect'constru~tion supervision, namely,
Russell & Axon~ au~horiZatiOn 'for eXecut~on by the proper C~ty offi?
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J. 14
cials of Supplemental Agreement No. 17 to so ~provide is recommended,
such services to be compensated.~ ~ ..~for, .~ on a~ monthl~y~ .~ ~ · ....b~ ~ ,. .in· accordance
with heretofore~accepted Rate S¢~.~.~le of' Fee~''~ for service .as set
forth in Supplemental Agreement No. 15, approved by Council on February
13, 1968.
Authorization for .execution of Supplemental NO. 17, to the con-
tract of Russell & Axon, was unanimously approved, on motion by Mr.
Youngblood and seconded by Mr. Wilson. (Copy of said Supplemental
Agreement No. 17 is attached to the official copy of. these minutes. ) ag. 124c
6.c. The City Manager presented! the following request for.City's
acquisition of lands for public, parking area east of the Intracoastal
Waterway, dated May 24, 1968, and signed by Neil E. MacMillan' Attorney
for Delray Beach National Bank:
"At the last meeting Of the B. oar~ of Directors of Delray
Beach National Bank, the undersigned was instructed to write
you concerning the acute need for acquisition of public
parking east of the Intracoastal Waterway. ~-~'
As you are aware, there has.. been tremendous growth in
? this area in the past few years. More growth iS foreseen
as many plans for additional 'high rise' apartments and
hotels have recently been announced, some are presently
under construction, and will be oocupied next season.
It is respectfully .requested. that you give immediate
consideration to the acquisition of adequate public parking
for the business section on Atlantic Avenue, east of the
Intracoastal Waterway. This business area, due to its
proximity to this growth, will primarily service this
tremendous expansion of populati6n in Delray Beach.
If we can be of any service to you in connection
with this matter, feel. free to call on Us."
On motion by Mr. Jurney and seconded by Mr. Wilson, this request
was unanimously referred to the Traffic and Parking Committee for their
cons ideration.
6.d. The City Manager reported that at the direction of Council the
City Administration had consulted with the City Engineer and with
Russell & Axon, and at this time Russell & Axon, the City's Consulting
Engineers, have submitted a proposal to furnish certain limited pre-
liminary design plans, relating to, and being a part of, the Master
Plan. Further, this proposal is actually for furnishing a collection
system layout print, with pipe size, for Tropic Isle and' Tropic Palms
Subdivisions, for the sum of $1,500.00, with the further understanding
and agreement that as the areas develop and if Russell & Axon are
employed .to prepare the construction plans for the collect'ion system,
the City will be reimbursed for part, if .no~ all, of 'the $1,500.00 and
believing this to. be a necessary .~.phase of the over-all Master Plan, it
is recommended that Council approve acceptance of this proposal and
authorize execution of Supplemental Agreement No. 18 to the Contract ~
with Russell & Axon to so provide.
Mr. Merritt moved that Russell & Axons. be engaged by the City to
furnish the collection system layout plan as outlined by the City Man-
ager, and authorization be given for execution of said Supplemental
Agreement No. 18 to ,~,~the Contract ~o.f Russell & AxonJ The motion was
seconded by Mr. Wilson and carri~ed unanimously.. (Copy of said Sup-
plemental Agreement No. 18 is attached to the official copy of these
minutes.) See page 124-D.
6.e. ~cerning contract wi~h Dixie Asphalt Company, the City Manager
said ~.~ Change Order No. 3, relative to that compfuly"s contract dated
Febru~ 25, 1966, for resurfacing of City ~treets having been disturbe~
by th~ "installation of sanitary sewer construction, provides for recon-
ciliation of all deletions and additions, to the original contract and
. t'
the final es uaate, being NO- 8, accompanying said Change Order No. 3,
reflects a ~ UNDERRUN OF ~,600.88.
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llO
Further, subject to council not desiring any further information con-
cerning this completed project, it is =ecommended that Change Order
No. 3, constituting final acceptance of this project, be approved sub-
ject to all computations and other physical factors relating thereto
being approved by the Director of Finance and City Engineer.
Change Order No. 3, relative to Dixie Asphalt Company's Contract
dated February 25, I966, was unanimously approved, on motion by Mr.
Jurney and seconded by Mr. Youngblood. (Copy of~ said Change Order No.
3 is attached to the official copy of these minutes.) See pages 124-E-I.
6.f. Concerning ~oss£ble disposal of obsolete City-owned personal
property, City Manager Gatchel said that believing there may be some
demand for the obsolete Steel Fabricated Trusses and Columns, originally
,ac~/uired in 1963, Counc£1~s pleasure would be appreciated r~lative to
D. roviding for disl~sal of this rapidly deteriorating property either
1. compliance with legal requirements in advertising terms
and conditions of a sale thereof, as the result of any
offer, if received~ or
2. Conducting a Public Auction ~ort-3uch disposal.
Following discussion and-recommendation by the City ~a~ager ~hat
I=em No. 1 condition of sale be approved, it was so moved by Mr.
~oungblood .... The motion was seconded by..Mr. Jurney and.carried unan~mous-
?.a. C~ity. Clerk Worthing informed council that. the Church 0f God bY
Faith, owners of improlved property, at 338 N. W. 6th Avenue, being Lots
10 and 11, paradise Heights, request permission to erect a chemically
treated, fireproof tent on the vacant land located at 104.3 ,West Atlant~e
Avenue, being the northeast, corner of West Atlantic and llth Avenues.
Further, Council may deny or grant this request and approval of same
should be Subject to full compliance with Ordinance No. 60-66 and exist-
ing regulations governing such activity, namely, approval of the Min-
%sterial: . . Ass.o~at~on. , the Fire, Building and Sanitation Departments.
Mr. Merritt moved'that said request be granted subject to the
a~proval and compliance .of all the speci,f, iCati.ons and the time not ..to
exceed, under any circ~mstances, fourteen days.. The motion~ was sec?
onded by Mr. wilson and carried unanimously.
7.b. Regarding: an-'offer for dedication of land for public r.ight-of-way,
City Clerk worthi, ng, re~orted to Council as follows:
"Mr. and Mrs. Wright Bart have offered to dedicate, for public
right-of-way purposes, a strip .of land 20 feet in width, which, in
reality, is a southerly ~ro~ection of the w~st half of S. E. 7th Ave-
nue, from S. E. 4th Street for a distance of a~rox~ma.,tely 212.3 feet.
For more than twenty years, there has been an 'easement grant'
~o the City over this strip of land, to ~.~ovide egress and ,~n, gress,.
not only to Mr, and Mrs. Bart'~,s property, but also to: ,two Other prop-
ert~es, all of 'which would o,therwise be l~ndlocked.
The offer..of" dedication is s~bject 'to the C~ity extend.ing..its
Sewage colleCti0n line., now eXi. sting, on-~h® south side. of S. E; 4th
Street right-of,way, .along said strip in order to provide for sewage
facilities to the above mentioned properties. This sewage extension
service can be provided by Ci. ty forces and it is recommended that such
dedication ~e ac'cepted"
The City Manager reporte.~, that .h.e-¢ould not give &,~t figure
for extension of the sewage collection line. but assured Council that
such installation would be financially feasible.
'Mr. Merritt moved .to accept' the dedication of the twenty-foot
right-of-way from Mr. & Mrs. Wright Bart, the motion.being seconde~
by Mr. Wilson and unanimously carried.
7.c. City Clerk Worthing presented the folloWiag r~,e~/uest, da~ed May
27th, 1968, and signed bY comm£tteamen D~aniel T. Bart..es.,: Donnie
Weatherspoon, Lonnie Carrington and Rev. M. M. Gaines:'
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,,1
"The St..Joh'n Primitive Baptist Church woUld like to
use lots one through six {1-6) and lots nineteen through
twenty-three (19'23), o-f: ]~t~o~k-~ B, ~WeStside H~ights, for
the constrt~ctiOn of' a.-~new church and"for use of land
therewith.
We understand that this property has been under a
longtLme lease for past many years. NO use has' been made
of the land and we-therefore would apl~reciate your con-
sideration of our request."
The C~ty Clerk informed Council that the above described property
is under a 99-year lease, dated AUgUSt 22, 1949, entered into between
the City and Lakev~ew Hospital Association, Inc., and said lease re-
flects, in part, the following=
"IT IS FURTHER AGREED by and between the parties hereto
that in the event the above described property is nOt J~
used by the LesSee for hoSp~-tal or other related pur-
poses, within two years from date, and the Lessor needs
and wishes said property for a worthy civic, public or
charitable purpose, then this lease may be declared
terminated...by the. Lessor"~by'-.ig~ng~ not.ice Of .90'days' Of
. intention to terminate said lease."
It was suggested that Council may desire to defer action on this
rsquest for consideration and discussion with the City Manager at the
next worksho~ session scheduled by the City Manager, the motion being
seCOnded by Mr. Jurney and unanimously carried. *meeting. Mr. Merritt moved
that this item be deferred for consideration at a workshop
7,d. The City Clerk informed Council that Novo' Investment Corporation
requests the abandonment of the south 152.66 feet of MacFarlane Drive,
which dead ends at the Yacht Basin and such abandonment would be sub-
ject to the City retaining any necessary easements for water or sewer
pipelines, as'well aS other needs for public Utilities~ further, it is
recommended this petition be referred to the Planning an~ Zoning Board
for review and recommendation.
It was so moved _by Mr. Wilson, seconded by Mr. Jurney and unani-
mously carried.
8.a. City Clerk Worthing said it is requested that Council lift
~esoIution' No. 20-68 from the table and defer action thereon until such
time as the administration is able to submit a recommendation, it being
desired to further investigate the effect of such an agreement.
Mr. WilsOn moved tO lift Resolution No. 20-68 from the table and
defer action on same as requested~ the motion being Seconded by Mr.
Youngbl~od and unanimously carried.
8.b. The City Clerk presented RES(~~'NO. 22-68.
A RESOLUTION OF THE CITY CO~CIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFI-
CATIONS AND ESTIMATE OF-COST TO ~CONSTRUCT SIDE-
WALKS ON'THE NORTH SIDE OF S. E. THI~RD STREET
BETWEEN S. E. THIRD~AND FOURTH AVENUES ~ ALSO ON
THE EAST SIDE OF VENETIAN DRIVE COMMENCING AT
MIRAMAR DRIVE AND EXTENDING NORTHERLY A' DISTANCE
OF FOUR HUNDRED AND SEVENTY {470} FEET.
(Copy of Resolution No~. 22*68 is attached to the official copy of
these m~nutes.) See page 124-J.
It was pointed out that this Sidewalk construction would be on
the basis of 50 per cent participation by the City and 50 per cent by
the abutting p~operty owners.
Resolution No. 22-68 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Merritt and seconded by Mr.
~lson.
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117
,~.c. The City Clerk presented RESOLUTION NO. 23-68.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, CONSENTING
TO THE ASS IG~MSNT OF ~ DELRAY BEACH
CHAMBER OF COMMERCE LEASE AS COLLATE~
FOR A LOAN TO SAID CHAMBER.
(Copy of Resolution No. 23-68 is attached to the official colby
of these minutes.) See page 124-L.
Resolution No. 23-68 was unanimously passed and adopted on this
first and final reading, on motion by Mr, Jurney and seconded by Mr.
Merritt.
8.d. The City Clerk presented RESOLUTION NO. 24-68.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID 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 UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE-
PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
(Copy of .Resolution No. 24-68 and aseessments are attached to the
official copy of these minutes.) See page
Resolution No. 24-68 was unanimously passed and adopted on this
first and f~nal r~ading, on motion by Mr. Merritt and 'seconded by Mr.
Youngblood.
8.e. The City Clerk presented RESOLUTION NO. 25~68.
A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF
.D.ELRA.Y BEACH, FLORIDA, ACCEPTING AREA NO. 23 OF
SANITARY SEWER PROJECT NO. 5964-8b AS OPERATION-
AL AND SETTING THE EFFECTIVE DATE FOR THE INITIAL
SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE
IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED
BY SAID AREA NO. 23 OF THE SEWER SYSTEM.
(Copy of Resolution No . 25-68 is attached to the official copy of
these minutes.) See page 124-K.
Resolution. No..25-68 was unanimousiy passed and adopted on this
first and final reading, on motion by Mr. Youngblood and seconded by
Mr. Wilson.
8.f. City Clerk worthing pres .ented ORDINANCE NO. 15-68..
AN ORDINANCE OF THE CITY COUNCIL OF TH~ CITY OF
DEIRAY BEACH, FLORIDA, REZONING AND PLACING LOTS
I THROUGH 7 INCLUSIVE AND LOTS 12 THROUGH 19~ IN-
CLUSIVE, BLOCK 12~ .LOT .12 LESS THE.'NORTI~ 75 FEET,.
BLOCK 1~ AND THOSE PORTIONS.~OF. THE NORTH 75 FEET
OF LOT' 12, BLOCK 1, AND LOTS 8 TH3tOUGH 11 INCLU-
SIVE, BLOCK 12, NOW ZONED R-1AA, ALL BEING IN
OSCEOLA PARK SUBDIVISION, DBLRAY BEACH, FLORIDA,
IN "RM-1 MULTIPLE PAMILY DWELLING DISTRICT", AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
~ 19~6~".
(COpy of Ordinance No. 15~68 is. attached :to the official copy of
~hese minutes.) See page 124-O.
There being no objection to Ordinance No. 15-68, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Wilson and seconded by Mr. Youngblood.
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8~.g. City Clerk Worth£ng'presented ORDINANCE NO, 16-68.
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF
B CH' TO ?HE =TY OF
DELRAY BE~CH cB~TAIN LANDs-~OCAT~D "tNSECTION
LANDS "A~E cONTIGUOUS TO ~.XIST~NG'MUNXCiPA~
LIMITS OF SAID CITY ~ REDEFINING THE BOUNDA~
RIES OF SAID CITy TO INCLUDE SAID LANDs~ PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LANDS ~ AND PROVIDING FOR THE ZONING THEREOF.
O=d£nance No. 16-68 was unanimously placed on first reading, on
~ot£on by Mr. Merritt and seCOnded by Mr. Wilson.
3.h. The City Clerk presented ORDINANCE NO.' 17-68. '
AN ORDINANC OF CITY CO CI OF cITY OF
,B CS' ORIDAi =ING CITY OF:
DELRAy B~ cERTAIN ~S LOCAT~D IN SECTION 8,
TOwt~SHIP ~6 s~H, '~GE 43 ~ST, ~CH LANDS ARE
CONTIGUous TO '~-IST~G MUNICipAL~ LIMITS ~": SAID
CITY$ REDEFINING THE BOUNDARIES OF SAID CITY TO
~IN~UDE sAID L~ 'PROVIDING FOR TH~ RIGHTS AND
OBLIGATIONS OF SAID LANDS ~' AND PROVIDING FOR THE
ZONING THEREOF.
Ordinance No. 17-68 was unanimously Placed on first reading, on
motion by Mr. Jurney and seconded by Mr. YOungblood.
9.a. City Clerk Worthing said that on May 13th Council referred a
request of Florida Power & Light Company for permissive use of certain
C-3 zoned la~d, upon 'which they desired :to COnstruct an Electric Dis-
tribution Substation, to the Planning and ZOni-ng Board for a public
hearing to be heid thereon, and the following .is .a re~Ort from that
Board, dated June 6th ~
"On June 3rd, 1968, a Public Hearing was held in City
Hall at 4:00 P.M., consider~-ng a petition re~erred to the
-Planning and ZOning ~Board on May 13th, ~968, .requesting
permissive use for the Florida poWer and ·Light Company to
construct, operate and maintain an electric distribution
substation in a C-3 (Wholesale and Light Industrial 'DiS
trict).
The Planning and Zoning Board voted unanimously to
recommend that it appears no P~blic Hearing is actually
necessary and permission be grante~ for issuance of the
permit."
Mr. Wilson moved to sustain the action 'of the 'Planning and Zoning
Board, the motion.being seconded by 'Mr'' Jurney and unanimously carried.
X. Mayor Saunders Said 'he thought it WOu!d be` well for Council to meet
with the Planning and Zoning Board' before the Planning Board report
concerning the Proposed construction of'the Quality Court is presented
to Council, and asked that the City Manager arrange Such a meeting.
9.X. City· Clerk Worthing read the minutes of the Beautification Com-
mittee meetings of April 10th and May 8th~ 1968, w~th the following
excerpt from the minutes of May 8th to be'considered by Council:
"In other discussion, it was suggested that summer employment
on a part time basis be provided by hiring students to pick up
litter along street rights-of-way and ~whereve= extremely unsight-
ly conditions exist'. Mr. Nie~sOn sa~d that along with such a
-8- 6-10-68
project, the members o£ the Men's Garden Club of Delray Beach
would volunteer their services to supervise such activity..
Bags or barrels coUld lbs used 'tO c011eCt the litter and the
students could then dump them pertodtc~ll~with use of only one
pickup truck provided either .by. the City or donated. By taking
old broom or mop handles and driving nails into the ends, the
students could make their ..own piCkup~ Sticks.
we respectfully submit' ~tS suggestion for consideration of
the Council and City administration."
Mr. Jurney moved that said item be referre~ to the City Manager
for review and recommendation to Council, the motion being seconded
b~ Mr. Wilson and unanimously
9.X. City Manager Gatchel said that Mr. Jurney had recently requested
a report concerning possibility of construction of sanitary sewers in
poinciana Heights & Jefferson Manor Subdivisions and submitted the
~..ollowing memorandum from City Engineer Fleming, dated June 4, 1968:
"In accordance with your instructions, with reference to Item No.
5 on the council' Minutes of May 27, 1968, ! have gone over with Russell
and Axon the cost figures for extension of the sewer lines into the
area known as Area 13. Area 13', Which includes the two subject sub-
divisions, comprises that area roughly bounded on the East by Northwest
9th a/Id. ,10th Avenues., .on the, North by Northwe.~t 4th Strew,t, t..he west
Atlantic Avenue.,
The no~thern and~southern portions...of, this. area are..more, densely, built
up, the l ;cent~-al,~ s'~ctiOn, along Northwest' 2nd Street be'tng mor~ Sparsely
.lS~originally conCeived, t'his~:area Would be'served ~ a.'p~ary
gravi,t.y..,main along Northwes,t ~nd Str~at with laterals' on ail cross
streets. .
The estimated 'construction cost, for providing sewer in th~s area
was $195,000. as figured in February Of 1967 and wi. t1 probably have
escalated to. approximgtely...$205,000, at the presen~ tt~ne ....
The..in:!}ial annual revenue, fr°m this expenditure, was determined
to be $10,500. which w0uld u'ltimately expand to £$130000. 'with 291
connections.
Assuming no immediate change in se~er_ charges, the estimated
initial revenue Of $1.0,500. would warrant .an expenditure Of
based'on the_ 20' to 1 ~riteria ~hich has been .frequentiY:..u~ed in. the
past.. It should be noted,, however, that the cost 'figures.; quoted' are
construction costs only, and an additional 10% should be added to
cover financing, .engineering, legal and contingencies,, thus bringing
the~. estima~d total cost to approximately ~225,000."
The City'ldanager reported' that the Sewer COnstrue}ion Fund
count balance of` approximately $40,000. is not suffici'e~t' for this.
project'. Purther, previous 'determination of COuncil is .that the next
bonding P~,0gr!a~ ~ould be for the water trea~m?ent .f'aCi'li~.'(, but 'that
· }ir': JurneY" asked~'if 'the Ci'~Y M'anage~.or Enginee~s.' ha~e, a~Y
jections 'as t0:'{~he~'-'~e ~Ople in those two subd'iVfs~On~ ~ay 'expect
sewers,~ .and' the city Manager safd that he did:·not have .that 'information.
9.X, ..Mr', ~urney said he ha~ also asked for a report concerning all ~he
remaining areas of the City that have"not bee~ sew, ered~~
The :City Manage~ r'ePO=ted~ 'that "~ea,~'13~,:~'i'~i~er'ed in.:. the, report
just Presented to Council, is .the..major u~seWered, area. in the plans
developed and j numbered seVeral years ago, and ther~ are portionS,Of '
several-o, ther 'areas tha&-~ere not sewered as the .amount' of expenditure
c.0.uld~ fist~be juS{if'ie~'by the fiscal income.
Mr' JUrney said he ',~hOught some plan should be proj,ect, e,d ~s .to
whe, how the., e ,ten, ion o f ,. ,rs 'to a eas cou..' 'd(be
accomplished, and he 'felt the cost in many instances WOuld'not'i'be;.toO
great aS the-lift .statiOns tha( 'W~Uld ser~e th~/are'~.ire~dY .instal!ed~
-9- 6~I0-68
~.urther, if a bond issue is necessary to complete the sanitary sewer
· nstallations, it ~Ould be given consideration.' '~'
During ~omment~. concerning sewer installation, the' City Manager
~_~nunenteCl.as £ollOw~: ,~e ~tX1 be'°nly 'tOo g!ad, at CoUncil',s pleasure,
to go into.some addi~.,!~o~al [projections for the Ci.ty, .but in some of
~:hese .areas in wh:~ch~..'~o~cil,,cur.'[t~i~d~.~he j jnlitg~lation at the time
lro~th or develo~ent ~hich ula iUbS'~antia~e [~' e~n~ically no~ that
~asn' t there at the t~e."
~. ~ney said he would like to take this i~ up ~i~h the Ci~
.~ager at ~e neck ~rk~h0p meeting.
~.X. City N~age~ 6atchei preSen[ted ~he fOllo~in9 m~orand~ f~m
~ance Director ~eber, dated Na~ ii,' 196~, Concerning reco~enda~ons
n~e ia a letter, dated Februa~ 13, 1968, from the City tuditors, ~
t~es & H~es ~
"It is also my reconuaendation that a procedure manual be pre-
~ared. This should be done by a competent management firm skilled in
'~eveloping system~ and. procedures.
We. agree wi~ our auditors regarding the acquisition of computers
and.have followed the development of this highly speclalized field with
much interest. We have attended demonstrations of this equipment at
Mftani and West Palm Beach, attended lectures at M.T.O,A. short courses
ar~ continued to read available data on. this subject. It;has been
noted that as the technology in this. field advances the equipment
developed is capable_ of increased programs while at the same time the
original cost of equtlx~ent is reduced. One of our models 32-10 NCR
Accounting Machines was overhauled this past October at the cost of
$1.,.120.43 and should give us a few more years of good service u~til a
computer program ~s properly developed.
Mr. worthing and "I are continuing to work closely On' the pur-
chaa£ng pr/ocedurea~ and ~e feel sure that any exceptions that h~ve not
seen: corre, cted will be in-.the near future.
We fgel that all meatbers of .the City's family are doing the best
job .possible in p',~operly reCOrding their long distance callS. Follow-
ing an expenditur~ of ~1,104.65 by the .city. fo= the special 'long dis-
tance telephone audit, a marked ~nprovemen~ bY all departments has been
noted." ~-
t0.a. ~r. Richard DeBolt, 333 S. W. 1st Avenue, presented Council with
~he following petition signed by fifteen of the twenty, property owners
~n said block:
"We the 'u~d~ ersigned, residing on the east side of S. w.
First Avenue and on the west side of South Swinton Avenue,
between S.W. 3rd and 4th. Streets, request, your favorable
-,~
consideration of the following:
1. The alley located~ the above mentioned S. W.
1st Avenue and South Swinton Avenue is used as ap-
proaches by all the residents to their houses and/or
garages. AND owing to the darkness some of us have
...been..mo!ested by prqwlers and some residents there-
fore have installed a~'d have rear, outside lights
on as a ~_reventive measure.
2. As stated above, we therefore re, quest your favorable
~' consideration of installing a light on a pole located
near th6 center of the alXey, which we feel would
benefit 'all concerned."
Mr. DeBol~ .~.id .that .his home had been robbed, and there were
only four homes o~ said part,toners that have n~.t been robbed.
Mr. Wilson said .he feels this matter should be investigated very
thoroughly, and it was po. in[ted out t~at this is a rountine administra-
tive matter.
Mr. Me=ritt asked that Mr. D~Olt be informed of what action will
will be taken when a decision has been made.
~: -~'0- 6-10-68
J. ~ ,i.
L0.a. Mrs. Rhoda S. Ward, 3103 Palm D~ive, addressing City Manager
Gatchel, said as she understands it the Teen Town ball field is in
need of ligh~ing to make ft available for'!ni~ht play'this sununer," and
sh~:~.cafi~':t understand why the preset facilit~es c~ot be used, with
~me l~ghting to make it Correct for playing at n~ght, and at the
s~e time not do such a major job. Mrs. Ward continued: "~. Pinkston
d~d speak correctly. The $5,000. has been pledged to the ~eld ~f
~$ l~t now, not next year, but now."
~e City Manager. said ~f there was a contingent' connected with
t~e $5,000. donation he did no~ believe that had been re~rt~ to
~c~l, and th~s is his first ~owledge of any contingen~ connected
wSth said :donation. During further co~ents concerning reconstruction
~ the ball f~eld the City Manager sa~d he would hesitate to recom-
~end to Council any k~nd of a ~orar~ installation of lights unless
,~t were ~ssible to incorporate ~t ~n a pe~anent design. He also
9ointed out that the Sterling Field ball park would be available
several nights a week as of the first of July.
~0,a. ~. Willie S~ons, President of the ~ogressive Co~ittee for
Civic Action, said he is not very happy w~th the re~rt on the light-
lng at the Teen. To~ ball f'~eld, but pleased that it ~s being serious-
ly considered and what is necessa~ to accompl~sh.s~e. Further, he
realizes if work were to start at the present time ~t may deprive the
youngsters of using 'the field Kh~s season.
He ask~:.[0r.: assur.~c?~ or a co~ent that the. field-..at Teen
To~ Center would.be re~dy for. use next seas~.. He alsp. asked tha~
~ be. a matter of.. record that it wae' the. Pr0~essive'Co~tte~ ~or
C~v'~c Act~0n'wh~ .first approached the Co~cii ~n F~br~ o,. the ~ssUe
of the basebali f~eld and the lightin.g~ and Said 2hey have 'been. work-
ing on it since that .time..Further, that group has bee~ Working with
Recreation.al D~rect°r Elliott in acc0m~l~.shiDg some ~ov~ents. at
Teen Town Cente~.
~. Simons asked CouncLl~. if it is po~sible .~ ~et. s0~e..grass,
at the ~enter w~h~n the area,~that ~s..f~cp~ a~d if so,. his ~o~ittee
would, install~ a~ sprinkler system and ..see that.;[t.
'~, Simons said he.. w0uld[ like f~r ~ouncil tO, g~ve the area.of
poinciana. Heights and Jeffers~. M~or some -.cons id~ati0n regarding.
sanitary sewers
s 0ns, as counselor c rve ' repor e :
graduation of 64 s.tude~ts' last week ~rom fha= Scho01, and said that
57 of th~ P~an.~tp.:,go ~o c~ll.ege.. ,,.
Concerning grass ~d a sprinkler Syst~ at the Teen T~ Center,
City Manager G.atchel asked ~. ~i~ons. ~. contact h~m. d~ing, off~ce
hours for discussion of .the details.and that the City could provide.
the engineering for .~nstallatiOn of ~ S~rinkler ,system, which would
be necessa~ before the grass ~s put,~n,~ .The Ci.%y..Manager spid when
sUch details, had been worked, out, they ~uld be. re~rted..to Cocci1
and a decision, could be made.
Concerning..a 'co~i~ent regaraing, relocating ~d lighting the
ball f~eld at T'een'~.To~',';.~th'e: C~ty' M.a~a~er' said that' 'it~- ~uld be ~n
the pro~osed'i968U69, budget when it is presented, t°.~un~! for their
~ons ~derat~on.. ~; , . . ....... ... ....: ..~... ~ .
10 a. Rer. S~"Taylor, Vice'-'PresX~ent. o'f. the 'ChrXst~ ~v~en · for,
Civ[c A~ti'on, asked ~ut the eight~step progr~, pro~pSed for ~he ball
field' at'Teen To~, ~d 2he CXty Manager inf0~ed him that When money
is available for that X~p:r0v~ent the other 'ste~s cou:~d, run. concurrent-
ly for ~.v~lO~en~ o~ the ffeld[-.~d, fn'stall'~tfOn"o~
~ring l'en~thy c°~en,tS',' Rev,, :.Tayl0r"'~ent~oned light'ing '. said ball
'f[eld: this s~er and taking advantage:of a $5~000, donaS'ion'.
.: ' Mayo'~ '$~unders asked tha% 'the C:'itY.M~a~er gi~e:'council a. report
On the.PosSi~'flity'~[ :piecing Some' of ~,e I[gh2s
them to be incorporated in the Pe~'~'n'ent design .........
. T~e.ci~[-Ma~9~er gave the a~suranc~ that' if there. ts..any ~ssf-
bility ofp19cing ~O~e: Of-'.the ~les a~ that ha'ix, f~eld now and leaving
a free base' p'la~ ~ere ~he'"partiC!pan~s':wout~,'~t coOl,de with them,.
. .6~10-68
it would be done, .~1!- ..: ?..
~O.a. l~s. Dorothea Montgomez~ suggested that when the COuncil and
Planning and Zoning Board have their workshop meeting they consider the
parking requtremeats for ho~els.
10.a. Mr. Michael Burnson, 1319 S. W. 21st Avenue, presented the [ol-
lowing proposal to Council:
"As a citizen and parent, I am most concerned about the
availability and accessibility 'of .recreational opportunities
for the children of our community this summer. I am partic-
ularly concerned abOUt relatively undeveloped-areas of our
city where there are at present no provisions for sports such
as baseball, basketball and football for significant distances
from residential areas. (UnfortUnately, there se~m to be no
requirements in the City codeS~that state a developer should al-
low certain, defined areas for recreational activities.) Per-
haps this could be a future consideration.
I would like to request that thi~ council consider that
permission be sought to utilize~
1. privately-owned sections of land that are not currently
being developed, such as, the land bordered by Rainbow
Homes, Lowson Blvd. 0 and Congress Avenue.
2. city-owned property in the same undeveloped category,
such as the land adjacent to the cemetery and bordered
by S. w. 10th Street and S. W. 8th Avenue.
3. city-owned or controlled right-of-way, where immediate
development is not planned, such as at dead end streets
and cul-de-sacs throughout the city.
4. county-controlled school property, encompassing basket~
ball courts, grounds, etc. such aa (offer clipping re~
schools) suggested in this ad f~nanced by the Pres.
Council on Physical Fitness.
These recommendations will incur no cost to the taxpayers
~ther than that maintenance which might render the lots useful
~or recreation purposes. For example, mowing the weeds on these
lots more frequently than others not so designated.
The backstops, poles, hoops, etc. can be constructed with
minimal effort and' cost either by parents in the affected neigh-
borhoods, or by civic groups who care to donate their t~me.
Materials can be sought from local builders/contractors who
burn scrap lumber and destroy screen/fence remnants which would
suffice for this constructio~o The proposal is incumbent upon
allowing the ch£1dren to improvise baselines, boundaries and en.~
croachment or harassment.
I have conferre~ privately with Mr. Gatchel, Mr. Adams,
Chief Cro~ft~ Mayor Saunders, Sgt. Dalton (Public Safety Officer)
and Mr. Elliott on this matter. All have indicated concern and
.interest paralleling that of my ov~. I would therefore like to
~uggest that you accept this proposal for' consideration and I
urge you to do so in haste, many schools are out already and the
remainder will be recessed this week.. I sincerely believe that
these measures, i~ enacted, will help provide us with the means
to keep su~er '~cool~ in Delray Beach."
As to the City owned property, the City Manager mentioned the
matter of liability, and said the City's liability insurance would
have to be ~nvestigated~ further, each one of the cases mentioned would
have to stand on its own as to availability, etc.
Mayor Saunders asked that the City Manager get an op£n~on on the
liability as far as the City owned property is concerned, and if the
City is in the clear in that regard asked if plans coul~ be made as
proposed.
Following a question by Mr. Merr£tt, it was po~ted out .that the
Palm Beach County Board of Public Instruction is cooperating with the
City Recreation l~epartment ~ the .use of School yards and their outdoor
fac ~1 ities. ~'
-12- 6-10-68
J..,~O
,10.a. Concerning the permission granted for erection of a tent by the
'Church of God by Faith, item 7od. o~..:.tonight's agenda, Elder L. Williams
asked if the permit for two weeks could *be extended for possibly, another
two weeks if they have a good meeting.
Following discussion, Elder Williams was advised that if the
revival meeting is successful, he could make an application for another
two weekS permit for a tent revival prior to the termination of the
first two weeks.
10.b. City Manager Gatchel reported that he had deviated from,' Council
policy to approve use of the Community Center by allowing, the Irene
Rogers Dance Studio to hold a recital for the younger students at said
center yesterday, as there was not sufficient time following receipt
'of the request to obtain official Council approval.
10.b. Mr~.~ Jurney reported an. unsightly condition of trash and junk
on the north side of S. W. 3rd Street between Swinton and 1st Avenues,
and asked~ if the City could remove said debris at an early date.
lO.b. Mr. Merritt presented Council with an artist's: picture Of~,Ma¥or
Saunders sketched at the time he was crowned Mayor of Delray Beach in
1949.
lO.c. City Clerk Worthing presented the following Bills for Approval=
General Fund $86,906~,35
Water Operating~,~ Maintenance Fund 7,595.09
Water Revenue.Fund 15,000.00
Util£t~es Tax Revenue Fund 1,550.00
Utilities Tax Certificates,
Prinicpal & Interst Redemption Fund 4,500.00
Cigarette Tax Fund 5,358.00
Sewer Construction Trust Fund,
First National Bank of Delray Beach 30,893.38
Sewer Construction Trust Fund,
F~rst Federal Savings & Loan Assoc. of Miami 1,080.00
Payments of sa~d bill's were unanimously approved, on motion by
Mr. Youngblood and seconded by Mr. Merritt.
The meeting adjourned at iO:40-P.M.
,, R. D. WORTHING , ,
City Clerk
i
PPROV~.
MAYOR
-13- 6-10-68
124-A
RUSSELL & AXON .
Ol:i~ic~,.s Consulting Engineers, Inco'rporated --~G,NEERS--
Daytonf~ l'}each, Florida 1620 MASON AVENUE Municipal
Pindllas Pork, Florld~ P.O. BOX 1431 Industrial
Delr~y Beach, Florida Gov~rnmont
St, ~uis 2, Missouri DAYTONA BEAC}{, F~ORIDA, 31015 904/255-5471
aune 5, 1968
Honorable Mayor and City Council
City of Delray Beach
Pt O. Box 2469
Delray Beach, Florida 33444
Attention: Mr. David Gatchel, City Manager
Gentlemen:
Subject: Sewage Works Project
Recommended Award of Contract
Southeast Area
Project No. 5964-8c
Sealed competitive bids for the construction of the approved portions for the
Southeast:Area Sewage Works Project were received, publicly opened and read aloud
at a special meeting of the City Council, June 3~ 1968 at 10:00 A.M. EDT. A total
of four bids were submitted. These bids have been checked and tabulated. A copy
of the tabulation of the bids is attached for your information.
It is recommended that a contract be awarded to the low bidder, Cambron Construction
Company, Inc., Post Office Box 8515, Orlando, Florida: as follows: (a) Section I -
Southeast Interceptor and Force Mains - Base ~id - items 1 through 9 and 10 through
32~ with additive Items 33 through 42 and 44 through 47, (b) Section II - Sewage
Lift Station - Base Bid - Items 48~ 49, 50~ 51 and 52. Cambron Construction Company
was low bidder on each section and any combination of base and altarnate bids.
A summary of the recommended award of bids is as follows:
Section I - Southeast Interceptor & Force Mains - Base Bid $335,191.40
Additive Items . 13:10.7,.75
Sub Total Section I $348,299.15
Section II - Sewage Lift Station - Base Bid 163:103.00
Total Amount of Recommended Award $511,402.15
. ~ 124-B
Honorable Mayor and City Council
City of Delray Beach, F~o=ida 2 June 5, 1968
Section I -.Southeast Interceptor and Force Mains, Base Bid, is recommended predicated
oD the contractor's proposal to furnish 36" diameter reinforced concrete pipe, con-
fbrming to the specifications, with "Poxitar" protective coating. Upon investigatiom
Qf the reinforced concrete Pipe proposed to be furnished under Alternate Bid No. 1,
it was found that the pipe as proposed did not meet the specifications, and for this
reason Alternate Bid No. 1 is not recommended.
Section II - Sewage Lift stations, Base Bid, is recommended predicated on the con-
tractor's proposal to furnish all equipment as specified in Lift Stations 32, 33 &
34. An alternate bid submitted on Lift Station~32' was based on mechanical equipment
other than specified and as installed on other ejectors now in service in the City.
It is the engineer's opinion that the standardization of equipment will result in a
saving to the City in convenience of one replacement parts supply, and little or no
additional maintenance training of personnel, which will exceed the saving offered
,by the alternate bid.
Our engineering staff has carefully examined Cambron Construction Company's bid,
qualificat%ons and past experience. Cambron Construction Company is now under con-
tract to the City and is successfully completing a sewage works project similar to
the proposed contract. The engineers have found the contractor to use good construc-
tion practices, perform high quality work, to be capable and dependable. The con-
tractor has the equipment, financial backing and experience to perform the work as
outlined in the plans and specifications.
The time of completion specified in the low bid is 180 calendar days for Section I
and 200 calendar days for Section II. The time on both sections would commence
together and run concurrently.
Very truly yours,
RUSSELL &AXON
CONSULTING ENGINEERS, INC.
:?! F. Ka~inos, Vice President
JFK/jp
124~C
SUPPLEMENTAL AGREEMENT NUMBER 17
TO
ENGINEERING CONTRACT
CITY OF DELI{AY BEACH, FLORIDA
WHEREAS, the City of Delray Beach, hereinafter referred to as the
OWNER, and Russell & Axon, Consulting Engineers, Incorporated, hereinafter
referred to as the ENGINEERS, entered into a contract for engineering .
services dated the 30th day of September 1959, and
WHEREAS, the ENGINEERS have informed the OWNER that it would be in
the best interest of the OWNER to provide competent resident engineering
for the Southeast A'rea, Project No. 5964-8c, construction of which is
immediately contemplated,
NOW, THEREFORE, the parties hereto mUtually agree as follows:
1. Resident engineering of construction includes, but is not
limited to, laying out of work, analysis of temporary structures and
facilities, field inspection of materials and work, progress reports,
preparation of monthly and finaliestimates and final report. As part of
their duties as 'Resident Engineers, the ENGINEERS shall render monthly
inspection and progress reports to the OWNER.
2. The person assigned to the project as Resident Engineer or
Project Manager shall, at all times, remain subject to the approval of
the OWNER.
3. 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 actual payroll costs
multiplied by a factor of 1.75, in accordance with the following hourly
rates per person:
Staff Members $9.50 )er hour
Design Engineers 6.50 ~er hour
survey Party Chief 4.00 )er hour
Engineering Aides 4.00 ~er hour
Instrument Man 3.25 )er hour
Draftsmen 3.25 )er hour
Rodman 2.50 )er hour
Steno & Clerical 2.50 )er hour
In addition, the ENGINEERS will be reimbursed for office expenses and for
travel on the job at the rate of tO cents per mile.
4. The terms and provisions of the contract between the parties
dated September 30, 1959, including all supplements hereto, shall remain
in full force and effect other than as modified by this Supplement Number
17.
Executed this /~ ~
day of. · ~ , 1968.
CITY OF DELRAY.- ~'~ RIDA
~ Mayor
RUSSELL & AXON
CONSULTING ENGINEERS, INCORPORATED
AuthOrized Officer Authori-zed--0~f~ic r'
124-D
SUPPLEMENTAL AGREEMENT NO. 18
TO
ENGINEERING CONTRACT
CITY OF DELRAY BEACH, FLORIDA
WHEREAS, the City of Delray Beach, hereinafter referred to as the
OWNER, and Russell & Axon, Consulting Engineers, Incorporated, hereinafter
referred to as the ENGINEERS, entered into a contract for engineering services
dated the 30th day of September 1959, and
WHEREAS, the ENGINEERS have informed the OWNER that it would be in the
best interest of the OWNER to provide engineering services covering prelimin-
ary layout of a sewage collection system for the areas served by Lift Stations
Nos. 32, 33 and 34 being constructed under Project No. 5964-8c (Southeast
Area Contract),
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. The ENGINEERS will furnish to the OWNER six (6) prints of a
Sewage collection system layout showing only preliminary line and manhole
locations and size of pipe.
2. Layout will be based on existing recorded subdivision.plots for
the areas to be served by each lift station.
3. The OWNER will pay to the ENGINEERS the sum of $1,500, upon
completion of the work herein described and receipt of invoice.
~',~' 4. The ENGINEERS agree to allow the OWNER credit for part or all of
the above fee when the ENGINEERS design the collection system for construc-
tion.
5. The terms and provisions of the Contract between the parties
dated September 30, 1959, including all supplements here'cc, shall remain
in full force and effect other than as modified by this S~,3plemental
Agreement Number 18.
Executed this //-~ day of - '1968.
CITY OF DELRAY BEACH, FLORidA
ATTES~T~ × /'~ . / //.~,.
City C 1 e rk ~.~..-~.~./ " Mayor
!
" RUSSELL & AXON
CONSULTING ENGINEERS, INCORPORATED
AT~EST: /~ ~,.~/
.,,' t ' ;?
Autbo'~ized 0ff;cer AuthoFized 0ffi
ceY
124-E
PEriODiCAL ESTI.~ATE FO~ PARTIAL PAYMENT
'n'p~ o~ p~o3~ ASP~LT PAVEMENT ~P~~ON DEL~Y B~H, F~. ~o~ No.
NAME OF CONT~OR D~E ASHPALT CO. ADDRESS WEST P~M B~CH, F~. CONT~ NO ......
PERIODI~L ESTIMATE NO. 8 Final FOR PERIOD, May 5 ~9 68, TO May 23 19 68
ITEM ~ U~IT C~ ~ ~R
NO. DE~IpTION.'.OF I~EM ~ANTI~ ~S- UNIT ~ VALUr UNITS VALUE WORK J ~LET~
(l) (2) (3) (4) ., (5) (6) (7)' (8) (9)J ~10)
struct 1" asphaltic con-
crete su~ace course,~ 00~ ~ ~ 100
Type II 1'0,000 Ton~ 6.69 66,900 00 10,0G 66~
Furnish mater~al and . ,
apply b~tuminous ~me
2,~'00 GaL~ 0.1~ 380 O0 380 ~00
coat
3 Furnish material and
apply bituminous tack
coat' ' 26,~ GaL 0.12 3,156 00 5,75 691 08 2,464 92~ 22
TOTAL -
124-F
SCHEDULE OF C}IANGE ORDEaS
Chancre o, raer AdtLt tions
Related
item o~ ~ , Amount
No. Dote Form Description AmOuet completed Dodectieflo
W*I000 to date
1 ~/~/~7 2,500 Tons ~6.69 per ton 16,725 00 14,39688
2~6~ 1,260 TenseS6.69 Per~on ·8,429' 40 7,461 56
.~ 2,000 gal prine ~ $0.19 per gal 380 0~
18,000 gal Tack~ 80.12 per gal . 2,160 0C
3 Reconciliation 3,600 88
2. ANALYSIS OF ADdUSTED CONTRACT A~OUNT TO DATE
· 70~436.00
A, Original oontr~t w~ount (Col. e froqt of thio rs,m) , ..... .!, . ..... . _ ..-- · . .... -- ~ ......
B Pitts: Additions scheduled in coltam § abowe ' 25,154.40
C. Less: Deductions ec~tuled in oolumn 7 ~bove . . . . . 6~140.88
.. 89,4'49.52
D. Adjusted contract ~ount t~ date .................... _
3. ANALYSIS Otr WORI~ PERFOR.~4, EO.
~., Value of original contract work ye,formed to date (coz. 8 front) .......... 67 ~ 5~_.
,, 21,858~4
3. ~t~ v~ue of ~rk ~,ro~d ~ date None
4, ~ss:' ~t retatn~ ' 0 percent ............. -:',: .....
~ Net ~t earned on contract ~rk ~ date ..........
(Att ach detailed No~e
6. ~: eateries o~ at close of this ~eJod schedule) ....... ~'"
89.449.52
81,954o96
CERTIFICATION OF CONTRACTOR
Acco,din& to the beat of my knowledge and b&l.teF, I certify-that all items and a~ounts shown on the face
of this Periodical Estimate are correct; that all work has been ~er9ormed and/or material supplied in
acc',dolce with the Ter~s and Conditions of the Contract between City of Del,ay Beach
and_~_~L~~hml+:(~.~,, dated Februa~Y.2$ 1, 66, and/or d~ly authorized
· . ~"--(%o.q,-.~,) --~ --
deviations, substitutions, altera'tiona, ~d/or additions; .that the followin~ ~ m. t~ ~d-,correcZ atm~n%
he contract .acco~t up to md lncludtn~ the l~t day of ~e petted co~er~ by ~'~od~c~ Estima%e~
[ DIXIE. ASPHALT COMPANY ( % %/ / ~ ~'
(Cent~Iotor) ~ ] ~/ (Authorized ~eprem~ ~v~)
~ , ......... ,,, ..... ~ , , Title V : ' ...............
5. CERTIFICATION OF CONSTRUCTIOlt EN61NEEN
I certify that I have checke~ and verified this ~eriodtcal Estimate Rs. ~-~] .. for ~ ~rlod
a t~ie and correct Itat~t or ~rk ~r~ ~or ~teri~ s~lt~ by t~ Contractor; ~at all work en~oe
~tertal inelud~ in ~le ~rtod~c~ ~ti~te ~o, ~ has b~ Je~cted by ~ ~or ay duly autl~rtz~d ~n-
resentative or ~esist~ts ~d ~ It ham ~ per~o~ ~oP a~li~ tw ~1 ~m~ ei~ ~e ~s md
~*bstitutions, alterations ~or ~dltions, ~1 o~ which have ~ eu~enttcat~ or co~ltAen~[y ~ve~ ~
the ~uly authorized a~ent off ~e " ' ~
124-G
CITY OF DELRAY BEACH
PALM BEACH COUNTY, FLORIDA
Project No. 5964-10a
ASPHALT PAVEMENT REPLACEMENT
CHANGE ORDER NO. 3.
This agreement entered into this 10th day of ~une ,
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 certain Contract by and between the parties
afore said, dated February 25, 1966, for the r~urfacing of City
owned streets which have been disturbed by the installation of
Sanitary Sewers under project No. 5964-8b-III.
WITNESSETH:
I. WHEREAS, the party of the FIRST part desires to amend
the Contract to reconcile the final quantities as constructed,
with the quantitie s a s originally bid,
-and-
WHEREAS, the final constructed quantities are set forth
in the final estimate No. 8,
-and-
WHEREAS, the result of all deletions and additions to the
original Contract is a net underrun of $3,600.88,
-and-
WHEREAS, this change order, when signed by all parties
thereto, constitutes final acceptance by the CITY OF DELRAY
BEACH., FLORIDA, of all work carried out under this Contract.
124-H
II. THEREFORE, the party of the SECOND part agrees that
this final reconcilia-tion change order supersedes any and
all previous correspondence or verbal agreements regarding
deletions or additions to the scop'~ of the work carried out
under this Contract dated February 25, 1966, for the resur-
facing of City owned streets which have been disturbed by
the installation of Sanitary Sewers under project No. 5964-
8b, III, and the party of the SECOND part further agrees that
all quantities and prices shown on the attached Final Estimate
are correct, and that the amount of Seven Thousand, Four
Hundred, Ninty-four dollars and Fifty - six cents ($7,494.56)
constitutes final payment, including retainage, for all mat-
erials furnished, and work' performed under this Contract, all
in accordance with the terms of the original Contract.
III. It is further agreed and understood that this change order
shall not alter in any manner the maintenance, and performance
guaranties of the original Contract dated February 28, 1966 and
the same shall stand in full force and effect in all respects.
Recommended for Approval: DIXIE :ASPHALT, COMPANY
B. M. Woolb~ig~, sr.
Project ManageT ~ CITY OF :LRAY BEACH
PALM BEACH COUNTY
" DELRAY BEACH, FLORIDA
Approved as to form:
, .~{.'" ,~ ~; /. .-
· By ""'. .... ' .....
By, Mayor .,. ..-
City Attorney By '";/-~'~¢:
City Manager
Atte st[~ ,/' /~2 ,
r:
City clefk _~c'~~ ..~..~_
124-I
APPENDIX "A"
TO
CHANGE ORDER NO. 3.
Project No. $964-10a-Asphalt Pavement Replacement
Delray Beach, Florida
Final reconcilliation of all d~ferences between the bid quantities
and final quantities and explanat.[ons.
rem Unit Unit Original Change Change Estimated Asbuilt Asbuilt Decreas~
~ Jo. Co st Quantity Order~%l Order ~%2 Value Quantity Value
Tons $6.69 10,000 +2,500 +1,260 $92,054.40 13,267.33 $88,857.4453,295.~c
Gal. 0.19 2,000 -- -2,000 ......
3 Gal. 0.12 26,300 -- -18,000 996.00 5,759.00 691.08 304.5
Total Decrease $3,600.
Explanation s
Item I A.C.S.C. Type II 492.67 Tons Underrun
The original estimated quantity, wa sba sed
on 15 square yards of cover per ton of mix, in-
cluding leveling, whereas a number of area s did
not require any leveling resulting in the above
underrun.
Item II Bituminous Prime Coat
This item was not needed and was eliminated
under change order No. 2.
Item III Bituminous Tack Coat 2,541 gallons underrun
The original quantity was over estimated and
was reduced by 18,000 gallons under change order
No. 2o Due to the good "Live" condition of the surface
on the streets, and no tack required on the recon-
structed part of the street, only a light "fog" appli-
cation of tack was required on the remaining portion
of the original surface that was re surfaced , accounting
for the above underrun.
124-J
~SO~UTION NO. 22-68.
A RESOL~3TION OF T~ CI~ C~NC~ OF ~ CITY OF
D~Y B~CH, F~RIDA, ~IRING ~S, SPECIF~-
CATI~S ~D ESTI~TE OF C~T ~ C~S~U~ SIDE-
W~N~ ~ T~ NORTH SIDE OF S, E. THI~
BE~ S. E. ~ ~ F~TH AV~S; ~SO
T~ ~T SIDE OF ~~ DRZ~ C~CZNG AT
~~ ~IVE .~ E~E~IN~ NORT~Y A DIST~CE
OF F~R ~~ ~ S~Y (470} FE~.
~E~, the City Cocci1 of the C~ty of Delray ~ach,
Florida, may de~ it to be necessa~ for the safety, welfare
and conv~ience of ~e public ~ ~nstruct sid~alks, five (5)
feet in width, on the north side of that p~t of Southeast
Third Street hereina~ve described; also on the east side of
that portion of Venetian Drive ~~cing
~tendi~ northward therefrom a dist~ce
sev~y (470) feet, the'CitY of Delray Beach, Pa~ Beach Co~ty,
Fiorida, to share in the cost of such ~prov~t ~th the
o~ers of lands abutting thereon;
N~, T~R~, BE IT RES~V~ ~ the City Council of
the Ci~ of Delray Beach, Pa~ Beach ~un~,
SECTI~ 1. ~at the Ci~ Manager be re~ir~ to sub-
'mit plans, specifications and ~ est~a~e of the ~st of such
improv~en~ ~o'.be .made, and that the~,s~e'sha11 be:.'plaeed on
file in the office of =he C~ty Manager.
P~eED ~D ~O~ ~ the C~ty ~cil of the Ci~ of
Delray Beach, Florida on this the 10th d~' of June, 1968.
/s/. J..,.~..S~.un. ders _ :~ ..
..~MAYOR
ATTF~T ~
/S/ R. D. Worthin~ .......
- City Clerk
124-K
-. RESOLUTION NO. 25-68.
A RESOLUTION OF T~E CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING AREA NO. 23 OF
SANITARY' SEWER PROJECT NO. 5964-8b AS OPEP~%TION~
AL AND SETTIN~ THE EFFECTIVE DATE FOR THE INITIAL
SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE
IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED
BY SAID AREA ~NO. 23 OF THE SEWER SYSTEM.
WHEREAS, the City entered into a contract for engineering
services with Russell & Axon, Consulting Engineers, on the 30th
day of September, 1959, and
WHEREAS, pursuant to said gontraCt, Russell & Axon designed
an ocean outfall sewer system together with lift stations and other
sanitary sewer improvements, hereinafter re. re. fred. to as Project No.
5964-8b, and
WHEREAS, Russell & Axon was hired'to perform consulting and
resident inspection services for Area No. 23 of Sewage Works Pro-
ject 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 fur-
nished by the sewer system, as set forth and contained in Reso-
lution No. 1359 and Ordinance No. G-553, are to become effective
the first day of July, 1968, and
WHEREAS, Russell & Axon has recently certified, as Oper-
ational, Area No. 23 of Sewage Works Project No. 5964-8b, affect-
ing Delray Beach Highlands Sections No's 1, 2. and'~3~, also Sherwood
Park Skopping Center, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That Area 23 within the Sanitary Sewer System hereto-
fore designated Project No.. 5964-8b, which is specifically iden-
tified hereinabove, is hereby accepted by the City as being oper-
ational, and the initial schedule of rates, fees and other charges
previously established, and applicable thereto, shall become effec-
tive July 1, 1968.
2. That nothing herein contained shall be construed as
discharging the contractors from the strict performance of their
remaining contr&ctural duties. That each of the contractors, and
their bonding companies, remain responsible in all respects until
released in accordance with their agreements with the City.
PASSED AND ADOPTED this 10th day of June, 1968.
_~S/.~J.. _L. Saunders
MAYOR
ATTEST:
/S / R D Wor th ing ' City Clerk
A RESOLUTION OF THE~CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, CONSENTING
TO THE ASSIGNMENT OF THE DELRAY BEACH
CHAMBER OF COMMERCE LEASE AS COLLATERAL
FOR~A LOAN TO SAID CHA/4BER. ·
WHEREAS, the Delray Beach Chamber of Commerce is the
lessee under a certain lease in which the City of Delray Beach,
a municipal cOrporation in Palm Beach County, Florida, is the
lessor, which lease is dated'June 20, 1967, and was amended on
January 23, 1968, and Which lease conveys the South 52 feet
of Lot 17, Block 101 Delray Beach (formerly Town of Linton) '
according to the plat thereof in Plat Book 1, page 3, public
records of Palm B~ach County, Florida; and
WHEREAS, the Chamber of Commerce desires to construct
a new chamber building on the leased premises; and
WHEREAS, the First National Bank of Delray Beach, the
Delray Beach National Bank and First Federal Savings & Loan
· Association of Delray Beach have agreed to lend to the Delray
Beach Chamber of Commerce the sum of Thirty Thousand ($30,000)
· Dollars if such loan can be adequately secured by a collateral
assignment of said lease; and
WHEREAS, the Delray BeaCh Chamber of Commerce has
requested the City Council of the City of Delray Beach to re-
lease certain of its rights under said lease in order to i~duce
the First National Bank of Delray Beach, ~the Delray Beach National
Bank and First. Federal Savings & Loan Association of Delray Beach
to make such loan; and
WHEREAS, theCity Council of the City of Delray Beach
is of the opinion that it is for the best interest of the City
of Delray Beach that it release certain of its rights under said
lease in order to induce said lenders to make such loan;
NOW, THEREFORE, be it resolved by the City Council of
the City of Delray Beach, a municipal corporation in Palm Beach
County, Florida, that the said City of Delray Beach hereby consents
to the assignment of said lease by the Delray Beach Chamber of
Commerce to the First National Bank of Delray Beach and/or
Delray Beach National Bank and/or First Federal Savings & Loan
Association of Delray Beach, all of Delray Beach, Florida, as
collateral security for a loan of $30,000.00 and the city of
Delray Beach agrees that it will not exercise any of it~ pri-
vileges to terminate said lease as long as any portion of said
loan remains unpaid.
Passed in regular session on this the 10th day of
June 1968.
~. CITY OF DELRAY BEACH
City ~·~ .
Court
RESOLUTION NO. 24-68. 124-M
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; 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 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
regular //~/~//~//////~//session held on the 12th. ~_ 26tb of December,
i967 & .F....ebruary ~.2 &.Mar~ch .1.1~... !,96,8 declare the existence of a nui-
sance upon certain lots or pargels of land, described in a list sub-
mitted to them, for violation of the provisions of Ordinance G-147;
WHEREAS, pursuant to such declaration, 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 abati~ 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 RESOLVED BY THE CITY CO%INCIL 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-ofi. Delray Beach, involving the
City's cost of abating the aforesaid nuisances 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 Ievii~d against the parcels of land
described on said report and in the amou~.ts indicated thereon. Said
assessments so levied .shall be a lien upo~...the respective lots and
parcels of land.:described in. said report~'~f~..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-
ible.
2. Tha9 the City Clerk of said Cit,y shall, as soon as possible
after the e,~ctive date, record a certified copy of this res°lutio~
in the office, of the Clerk of the Circuit Cou~t in and for Palm Beauh
County, Florida, and shall furnish to each ~ the owners named ~n and
upon said report ~ notice that the City CouD~%! of the City of Del~ay
Beach, did,'~n the. 12th &-26th of December,'I967 &Februarv 22 & March 11
order the aba~.eg~iof a certain nui~ance eX~ting on their descFibed 196~
pr. operty and, ~op.e~$y.owner having failed to abate such nuisance,
within the 3Q'~ay! ~.rlod, whereupon it was abated by the citY at costs
shown in sai4 re~ and such assessments shall be legal, valid and
binding obligation~" U~9~n! t~.._~. ~rope~...~ ~ y agains9.~ w~hich_ said assessments
are levied. ~is ~?solu~ ~p S~.a11 ' uae e~ ~_e~ i~e 30 d~ys .f~ ~he
~ . ..~ . ~ ~ , , ~,~ :'~ ~... . . 6~
~?, ~d a~sessmen, t, , a~.ter whi~ ~.tereS. ~ ~ . shall~, ac,. ~. ue at the, rate of
per annu~ on any unpaid pot%ion t~of. ..~
PASSED AND ADOPTED in re~u.lar, ~session on the ~ day of
.Ju~e ',' A.D. 19 ,68
ATTEST~ /S/j. L. S~u~ders
MAYOR
~/S/ R.. D.
124-N
COST OF ~ABATING 'NUISANCES UNDER ORDINANCE NO. G-147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
December 12, 1967 list.
South 25.3 feet of Lot 4 and all of
Lot 5, Block 44. Agnes Clakk $ 65.00
December'26, 1967 list.
Lots 1246, 1247, 1248, 1249 and 1250,
Tropic Palms. Charles E. Schmidt $127.00
South 42 ~eet of North 162 feet.less
West 135 feet, Block 71. NuLand, Inc. $ 30.00
February 22, 1968 list.
Lot 9, North half of Block 22. Sidney & Alice Fox $ 86¥25
Lot 10, Block 8, Osceola Pa~k~ ,~,~ Adam Olivieri $ 37.75
March 11, 1968 list. ~
Lot 1, Block 6, Atlantic Gardens. Sylvester Berry $ 25.00
124-O
ORDINANCE NO. 15-68.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH~ FLORIDA, REZONING AND PLACIN~ LOTS
1 THROUGH ? INCLUSIVE AND LOTS 12 THROUGH 19
CLUSIVE, BLOCK 12; LOT 12 LESS T~E NORTH 75 FEET,
BLOCK 1~ AND THOSE PORTIONS OF TH~ NORTH 75 FEET
OF LOT 12, BLOCK 1, AND LOTS 8 TH~ 11 INCLU-
SIVE, BLOCK 12, NOW ZONED R-1AA, ALL B~IN~
OSCEOLA PARK SUBDIVISION, DELRAY BEACh. FLORIDA,
IN "RM-1 MULTIPLE FAMILY DWELLING DISTRICT", AND
AMENDING "ZONING MAP OF DELRAY BF~CH, FLORIDA,
1950".
BE IT ORDAINED BY TH~ CITY COUNCIL OF THE CITY OF DELRAY .,.
BEACH, FLORIDA:
SECTION 1. That .the following described property in the
City of Delray Beach, Florida, is hereby rezoned and placed in the
"RM-1 Multiple Family Dwelling District" as defined by Chapter 29
of the Code of Ordinancee of the City of Delray Beach, Florida,
to-wit:
Lots .1 through 7 inclusive and Lots 12 through
19 inclusive, Block 12; Lot 12 less the North
75 feet, Block 1; and those portions of the
NOrth 75 feet o£ Lot 12, Block 1, and Lots 8
through 11 inclusive, Block 12, now zoned R-1AA,
al~- being in Osceola Park Subdivision, Delray
Beach, per Plat Book 3, Page 2, Public Recoras
of Palm Beach County, Florida, and all less any
existing S. E. 6th Avenue, as well as In2ra-
coastal Waterway rights-of-way.
SECTION 2. That the Building Inspector o~ said City
shall upon the effective date of this Ordinance change the Zoning
Map of Delr8y Beach, Florida, to conform with the provisions of
Section 1 hereof.
PASSED in regular session on the second and final reading
on this the 10th day of June , 1968.
/S/ J. L. Saunders
.-.
ATTEST:
/S/ R. D. Worthin~ City Clerk
First Reading .....M~Y !_,A,,,, :L9,,68 .................
Second Reading June 10, 1968
12~-A
BOARD OF EQUALIZATION
JUNE 10, 11, & 12, 1968.
The BOARD OF EQUALIZATION for the City of Delray Beach, Palm
Beach County, Florida, convened at 10:00 A.M., on Monday, June 10,
1968, in the Council Chambers at the City Hall in compliance with
Section 86, Article XVI of the City Charter, following local news-
paper Public Notice of such Annual Meeting to be held having been
provided in accordance with Charter provision contained in said
Section 86.
Mr. R. D. Worthing, Tax Assessor, presented the Board of
Equalization with a recap and supporting information of the 1968
assessed valuations.
Mayor J. L. Saunders acted as Chairman or.the Board of Equali-
zation meeting and all Councilmen, James H. Jurney, LeRoy W. Merrltt,
James B. Wilson and O. F. Youngblood were present. City Manager
David M. Gatchel and City Attorney John Ross Adams were also present.
Mr. Harry Pittman, 122 S. E. 6th Avenue, voiced his objection to
the high assessed valuation placed on commercial property on East 5th
and 6th Avenues, and particularly on his property; Lots 13 & 14,
Block 110.
Tax Assessor Worthing explained the increase in assessed valuation
as follows: "Last year, as Mr. Pittman mentioned~ of course there was
an increase in the land valuation only due to the fact it was a rein-
stated valuation which normally would have been in existance for the
past five years due to 'the City Council of 1961 employing a prOfession-
al appraisal'firm to appraise all properties within the City. It
established, at that time, valuations on all lands within the City;
however, at the conclusion of the public hearing held in 1962, at my
request, and only at my request, did the Council approve a temporary
decrease in the valuation of the land by the extent of approximately
35% due to the fact that I felt that the area, all properties on East
3rd, 4th, 5th and 6th Avenues as well as Ocean Boulevard and Atlantic
Avenue, were economically affected and of much less value ~t the
time due to the major drainage improvement, the forthcoming ocean out-
fall sewer system, and the one-way drive of Federal Highways having
been concluded and determined by the State Road Department and others
related thereto to affect the valuation of properties from four to
five years. Therefore, I recommended the lowering of the valuation
of the land which the Council went along with, otherWise~this land
value would have been in effect for the past five years. Last year
that land valuation was reinstated causing that increase last year.
ThisYear the adjustment of the assessed valuation of that prop-
erty is due to the directive of the Supreme Court in the Legislature
of 1967."
Mr. Worthing said the land valuation placed on Mr. Pittman's
property is $24,633. building valuation; $5,168. making a total'
assessed valuation of~$29,800, for 1968.
Mr. Jurney moved to sustain the Tax ASsessors assessment due to
the fact that it is comparable to neighboring properties, the motion
being seconded by Mr. Wilson and unanimously carried.
Mrs. Glowe Garrett, 904 S. E. 3rd Avenue, questioned the assessed
valuation of her'property, Lots 19 & 20, Block 10, Osceola Park, the
1968 assessed valuation on that property being: Land, $2,357.;Build-
lng, $7,994.; Total, .$10.300.
Mr. Jurney moved to sustain the Tax Assessors valuation of said
Property, the motion being seconded by Mr.' Youngblood and unanimously
carried.
Mr. Roy E. Dees, 115 S. E. 6th AvenUe, objected to the assessed
valuation on Lots. 21 and 22, Block 118, the total assessed valuation
being $13,960..
-1- June, 1968
12 B
During discussion, Tax Assessor Worthing informed Mrs. Dees that
he would inspect the property next week and if it is warranted she
would receive consideration on the assessed valuation of the property.
Mr. Wilson moved that the assessors valuation be sustained subject
to the offer made by Mr, Worthing that he would inspect the property
and if warranted would give consideration on the assessed valuation.
The motion was seconded by Mr. Jurney and carried unanimously.
Mr. John Booth, representing Booth Westerman, Inc., presented
each member of the Board of ~qualization with a data sheet he had
prepared on Lots 1 thru 12, Block 82, and commented at length on same°
He also stated he had an appraisal of this property by a registered
appraiser, and informed the Board of the figures contained in the ap-
praisal and compared them to the assessed valuation placed by the City.
He asked why there had been such an increase in the assessed valuation
of.said property during the past two years.
Tax Assessor Worthing said that since receipt of Mr. Booth's
letter requesting this meeting with the Board concerning the west half
of Block 82, he had reviewed the assessment data as established by the
appraisal firm employed by the City Council of 1961 and finds the
physical factors of the property accurately reflected on the assess-
ment record, and all computations relating thereto, to be correct.
Further, the property is equitably assessed with other comparable
properties and that he considers the valuation of $277,900 on that
property to be just and proper. Hepointed out that the County
assessed valuation placed on said property is $276,800. He also
pointed out that the increase in the assessed valuation of said prop-
erty in 1966 was the reinstatement Of the valuation placed on commer-
cial properties by the Appraisers in 1962.
Mr. Worthing recommended that action be deferred on this item
until he might have the opportunity of talking with Mr. Booth and Mr.
Westerman, not with the idea of a reduction of Valuation, but to ex-
plain the assessed valuation on the different lots and improvements,
and that this item be acted on, possibly Wednesday, while this Board
is still in session.
This item was unanimously deferred until Wednesday, until the
Tax Assessor has an opportunity to discuss same with. the owners, on
motion by Mr. Youngblood and seconded by Mr. Merritt.
Mr. Frank A. Babicz, 109 N. E. 9th Street, complained of the high
assessed valuation of his property, Lots 24 & 25, Block 10, Dell Park.
The 1968 assessed valuation of the property is: Land - $2,400; Build-
ing - $19,323; Total - $21,700.
Following lengthy discussion, Mr. Youngblood moved to sustain the
Tax Assessors assessment, the motion being seconded by Mr. Merritt and
unanimously carried.
Mrs. John J. Dubon, 209 N. E. 9th Street, questioned the high
assessed valuation of her property, Lot 19 & west 10 feet of Lot 20,
Block 9, Dell Park, the 1968 assessed valuation being: Land - $1,440;
Building - $9,656; Total - $11,!00.
Following an explanation by the Tax Assessor as to how the
etlon is arr~ved at, and that it will receive an additional deprecia-
tion on the improvement thereon in 1969, the Board unanimously sustain-
ed the Tax Assessors valuation, on motion by Mr. Wilson and seconded
by Mr. Youngblood.
Mr. Ted Jakomas referred to his property located on N. E. 5th
Avenue and 1st Street, Lots 12 & 13, Block 100, ~nd stated that he
feels he is being penalized by taxation by building an attractive
expensive building which adds to the beauty of Delray Beach, when he
could have built a much less expensive building.and had more return
in profit to himself.
Tax Assessor Worthing informed the Board that upon learning Mr,
Jakomas planned to appear at the Board of Equalization he had checked
the computations on that property and had found an error which reduced
-2- Bd. of Eq. June, 1968
the total assessed valuation, on that property from $105,200 to $84,700.
Mr. Merritt moved to sustain the Tax Assessors amended assessment,
the motion being seconded by Mr. Wilson and unanimously carried.
Mr. Roy Brady complained of the high front foot assessment of
commercial zoned properties on N. E. 3rd Avenue in comparison with ..
high-grade residential areas. He also said he feels the assessed
valuation is too high on his property at 324 N. E. 3rd Avenue, Lot 18,
Block 81, the assessed valuation for 1968 being: Land - $5,800,
Building - $6,332, Total - $12,100.
There was'discussion of the front foot assessment of various
streets.
Mr. Wilson moved that action be deferred on Mr. Brady's property
until the Tax Assessor has had a further opportunity tO review the
case~ and it be reported back to the Board on Wednesday. The motion
was seconded by Mr. Jurney and carried unanimously.
The meeting adjourned at 12:10 P.M., until 1:30 P.M.
The BOARD OF EQUALIZATION reeonvened at 1:30 PoM., with Mayor
Saunders and Councilmen~ Merritt, Wilson and Youngblood being present.
Tax Assessor Worthing read a letter from Mr. Joe A. Stamps,
Deerfield Beach, owner 'of Lots 357 and 386, Tropic Isle, protesting
the assessed valuation of $4,640 on each of those lots.
Mr. Wilson moved that the 1968 assessed' valautiOn ofsaid property
be upheld,, the motion'being seconded by Mr. Merritt and unanimously
carried.
Mr. Worthing read.a letter from Mrs. Janet S. Scott Hayden, 324
N. W. 18th Street, concerning what she considers too high an assessed
valuation on her property, Lot 7, Block D, Third Addition to High
Acres, and giving $31,000 as the valuation.
The Board unanimously sustained the 1968 assessed valuation of
'the Tax Assessor on said property in the amount of $26,700 on motion
by Mr. Merritt and seconded by Mr. Youngblood.
The Board asked that proper letters be written to the different
individuals who have written in concerning their assessed valuations.
A letter was read from Mr. M. M. McMurrian, owner of Lot 9,
Nichols Second Addition, requesting that the assessed valuation of
that property be reviewed as he feels it to be excessive.
Mr. Worthing reported that he had reviewed this item and feels
the total assessed valuation in the amount of $14,700 to be fair, just
and equitable.
The Tax Assessors assessment was unanimously sustained, on motion
by Mr. Merritt and seconded by Mr. Wilson.
Concerning the depreciatiOn of buildings, Tax A~sessor Worthing
informed the Board of Equalization that it is his intention to.increase
the 1% depreciation of all wooden buildings to .l~per year, and that
the depreciation of block buildings remain at 1% per year, up to a
maximum of 65%. The Board expressed agreement to a higher rate of de-
preciation than is now being used by the City.
Mr. Worthing read a letter from Mr.'Albert E. Flad, 926 Allamanda
Drive, Concerning Lot 164, TrOpic Isle, and a complaint that he feels
the increase in Valuation for 1968 is unrealistic. Mr. Worthing said
that he sees no basis for adjustment of said valuation~as it is equi-
table with all other properties in the area.
The Assessorsvaluation was unanimously sustained, on motion by
Mr.'Wilson and seconded by Mr. Merritt.
Tax Assessor Worthing informed the Board .that Mr. &Mrs. E. J.
CaSsilly, 102 N~ E. 8th Street, asked that the Board review the 1968
aSsessed valuation placed on their property, Lots 18 & 19, Block 1,
-3- Bd. of Eq. June, 1968 8~
Del-Ida Park. Following assurance by the Tax Assessor that the Valu-
ation is proper, just and equitable with all comparable properties,
the valuation was unanimously sustained, on motion by Mr. Wilson and
seconded by Mr. Youngblood.
Mr. Worthing read a letter from Mrs. Fana W. O'Neal, 530 North
Swinton Avenue, saying she felt her property, Lots 1 & 2, Block 1,
Lake'View Heights, is assessed too high at $25,300. Following ex-
planation by the Tax Assessor that the valuation is just and equita-
ble with comparable properties, the valuation placed by the Tax
Assessor was unanimously sustained, on motion by Mr. Youngblood and
seconded by Mr. Wilson.
A letter from Ella Auer Suominen, 518 $. E. 5th Avenue, was read
concerning the increase in assessed valuation of his property, Lot 2,
Block 3, OSCeola Park, being assessed at $10,200.00 which increase he
said he feels is not warranted.
The Tax Assessor pointed out this property is now zoned C-2 (General
Commercial District) and the land value represents almost half of 'the
assessed valuation of that property. It was pointed out that the
building would receive depreciation in 1969.
The Tax AsSessors valuation was unanimously sustained{ on motion by
Mr. Wilson and seconded by Mr. Youngblood.
A letter was read from Mr. Frederick P. Hagaman, 622 Sea Sage Drive,
asking.that the assessed valuation of $31,800.00 on his Lot 10, Block
16, Seagate Section "A" be reconsidered.
During explanation of the arrival at such an assessed valuation,
the Tax Assessor said he feels it to be a just, fair and equitable
valuation of said property.
The Tax Assessors valuation was unanimously sustained, on motion
by Mr. Merritt and seconded by Mr. Wilson.
The Tax Assessor read a letter from Texaco Inc., concerning their
property at 302 N. E. 6th Avenue, being the EaSt 85 feet of Lots 13 &
14 less the East 5 feet, Block 105. They asked for a review of the
valuation of the property as it is on the left side of a one-way
traffic flow on U. S. ~ 1, and said the building is fully depreciated
on their books and is now obsolete.
The 1968 assessed valuation of said property is as follows: Land and
building - $25,700; Personal Property - $2,520.
Following explanation of the assessment, depreciation, etc., the
Board unanimously sustained the Tax Assessors valuation, on motion by
Mr. Youngblood and seconded by Mr. Wilson.
The Tax Assessor read a letter received from Dr. Edward Bo DeSilva,
910 Allamanda Drive, concerning what he considers too high an assessed
valuation on Lots 167 and 168, Tropic Isle, since a recent rezoning
of properties into an RM-1 Zone in that area, and of the closeness of
commercial property on South Federal Highway. The 1968 assessed
valuation on vacant Lot 168 being $3,830. and on Lot 167 an assessed
valuation of: Land- $5,128.00, building - $27,907.00; Total -
$33,000.00. The Tax Assessor said he considers this valuation, having
been based upon fair, just and equitable basis to all other comparable
properties, to be a true and fair valuation. Further, this property
will receive 5 per cent depreciation on the improvement next year.
Mr. DeSilva informed the Board that the County had reappraised his
property and made a considerable reduction in theassessed valuation.
Mr. Worthing was asked if he could verify the fact that the County
did make a considerable reduction in valuation, and action on this
item was unanimously deferred until Wednesday, June 12, 1968, on
motion by Mr. Merritt and seconded by Mr. Youngblood.
The Tax Assessor presented a letter from the Direct Oil Corporation
concerning Lot 1, Block 1, Sophia Frey, the 1968 assessed valuation
being $25,800.00 in that they cannot see such value in that property,
and comparable pieces are go~ g for less.
12~'E
It was pointed out that the increase in the assessed valuation of
this property in 1967 was due to the reinstatement of the valuation
placed on commercial propertiesby the Appraisers in 1962. Further,
this is considered a fair, just and equitable assessment.
The City Tax Assessors valuation on the subject property was unani-
mously upheld, on motion by Mr. Wilson and seconded by Mr. ¥oungblood.
There being no more letters to consider, and there being no requests
by individuals to appear before the Board of Equalization at this time,
the meeting was adjourned at 3:00 P.M.
The BOARD OF'EQUALIZATIO~ reconvened at 10:00 A.M., Tuesday, June
llth, 1968, with Mayor Saunders and Councilmen Merritt, Wilson and
Youngblood being present.
.Mrs. Signe Rasmussen, 265 N. E. 5th Avenue, owner of Lot 4, Block
106, said she feels the assessed valuation of her property is too
high, also that the valuation of property on the left side of a one-
way Federal Highway should not be as high as property.on the right
side.
FolloWing discussion, the Board of Equalization sustained the Tax
Assessors 1968 assessed valuation of said property in the amount of
$140100.00 on motion by Mr. ¥oungblood and seconded by Mr. Wilson.
Mr. Hugh Vogl, of Lake Ida Development Corp., owner of unimproved
lots in the northwest area of the City, said he feels the assessed
valuation of 31 unimproved lots in Lake Ida Shores First Addition in
the amount of $.96,700.00, and of 13 lots in Lake Ida Shores in the
amount of $78,100.00 is too high.
It was made known to the Board that these lots, for a period of ten
years, had been taxed only ten dollars per lot per year as a result
of a tax moratorium, said tax moratorium expiring in 1967. Tax
ASsessor Worthing said he felt the 1968 assessed valuation to be fair,
just and equitable. He also informed the Board that said lots have
sanitary sewers available to them.
Following lengthy discussion, and a suggestion by a member of the
Board of Equalization, and the Tax Assessor, Mr. Vogl said that he
would write a letter to the City Council seeking a two year extension
of the tax moratorium on those properties.
Mr. J. W. Nowlin~ Sr. appeared before the Board representing Joan
Anesey, owner of Lots 3~ 4, ~ & 6, Block 76. He said he felt the
1968 assessed valuation of $27,251 on land, $33,058.00 on building
and a total of $60,300.00 is too high for that property, and suggested
that the building value be lowered.
Following a question by Mayor Saunders, Tax Assessor Worthing said
he did feel that the building valuation is too high, and that it would
be in order to depreciate the 44 year old building an additional 10
per cent which would reduce the building value approximately $2,700.00.
Mayor Saunders polled the Board and all agreed that the 44 year old
building receive an additional 10 per cent depreciation.
Attorney J. W. Nowlin inquired as to the assessed valuation of the
Walter A. Wecker property on North Ocean Boulevard. The Tax Assessors
1968 assessed valuation on Lot 1, Crestwood being $53,400.00 and on
Lot 4, Hammond Property $20,830.00. Said valuation was unanimously
sustained,on motion by Mr. Youngblood and seconded by Mr. Merritt.
Mr. James Lynch, owner of Lot 1, Block 3, Delray Beach Highlands
Section 1, asked the reason for such a high assessed valuation on his
property. He was informed that according to the dictates of the
Florida Legislature, the property is assessed at 100 per cent valua-
tion, that being $11,200.00 for 1968.
The Tax Assessors' 1968 assessed valuation on said property was unani-
mously sustained, on motion by Mr..youngblood and seconded'by Mr. Merr~.~.
t2~-F
The meeting adjourned at 11:20 A.M., until 10:00 A,M., Wednesday,
June 12th, 1968..
JUNE 12, 1968.
The BOARD OF EQUAliZATION reconvened at 10:00 A.~., ~Wednesday, June
12, 1968, with Mayor Saunders and Councilmen Merritt and Wilson being
present.
Tax Assessor worthing read a letter from Mr. Ernest Deutsch, owner
of Lot 18, Block 77, in which he stated that the 1968 assessed valua-
tion of $19,000.00 he thinks is out of line. Further, after a re-
evaluation by the County they reduced their assessed valuation from
$23,730.00 to $15,600.00.
The Tax Assessor said that he considers his assessed valuation to
be fair, just and equitable.
Mr. Merritt said he is very familiar with the building located on
that property and that it is in very bad condition.
The Tax Assessor said that with a member of the Board being truly
familiar with the condition of the building, it is within reason to
grant a 10 per cent reduction of the valuation of the improvement only.
Mr. Wilson moved that the assessment on the building valuation of
said Lot 18, Block 77, be reduced 10 per cent in view of the present
deplorable condition of the building. The motion was seconded by Mr.
Merritt and carried unanimously.
The Tax Assessor read a letter from Mr. R. W. McDowell, owner of the
Delray Beach Country Club and other properties, in which he stated
that he felt the 1968 assessed valuation of $32,450.00 for eight lots
in Golfview Estates is too high
Following discussion, the Tax Assessors valuation was unanimously
upheld, on motion by Mr. Wilson and seconded by Mr. Merritt.
Concerning a letter from Dr. Edward B. DeSilva, relative to the
1968 assessed valuation of Lot 167~ Tropic Isle, which was presented
to the Board on Monday, June 10th, Tax Assessor Worthing informed the
Board that he did contact the County Tax Assessors Office and was in-
formed that after a request from Dr. DeSilva they had made a resurvey
of the property and reduced the assessed valuation for 1967 from
$38,280.00 to $33,600.00, and then to $30,200.00.
The Tax Assessor informed the Board that he sees no possible reason
for making any recommendation for depreciating the valuation of Dr.
DeSilva's property on Lot 167, Tropic Isle, which is now $33,000.00.
Mr. Merritt moved that the assessors assessment on the property of
Dr. DeSilva be sustained, the motion being seconded by Mr. Wilson and
unanimously carried.
Concerning the property of Mr. Roy Brady, Lot 18, Block 81, located
on N. E. 3rd Avenue, that was brought to the attention of the Board
on Monday, June 10th, the Tax Assessor informed the Board that he had
talked with Mr. Brady who is pleased with the assessed valuation of
his property and desires no further consideration by the Board.
Concerning the property owned by Booth Westerman, Inc., being the
West half of Block 82, which was brought to the attention of the
Board on Monday, June 10th, the Tax Assessor informed the Board that
he had consulted with Mr. Booth and Mr. Westerman who are both in
accord with the City's 1968 assessed valuation and do not desire any
further consideration by the Board of Equalization on that assessed
valuation of $277,900.00 which was unanimously sustained by the Board,
on motion by Mr. Wilson and seconded by Mr. Merritt.
The Tax Assessor informed the Board that he had received a call
last week from the Southern Bell Telephone & Telegraph Company, Tax
Consultant and Attorney, concerning the assessed valuation of their
property in Block 94, Lots 18, 19 and 20, and had talked as though
he may appear before the Board of Equalization concerning the 1968
~ assessed valuation of $262,100.00. -6- Bd. of Eq. June, 1968
The Tax Assessor said if this is the concluding meeting of the
Board of Equalization he would like to remind the Board that if they
have concluded the revision and equalization of the 1968 Assessment
Roll, as submitted, the Roll should be returned to the Tax Assessor,
subject to any changes or revisions due to the Board's Equalization,
together with a certificate of the Mayor and the City Clerk, that
said roll has been revised and equalized. He continued as follows:
"I might add that a provision of law is such that said roll may only
be changed thereafter to reflect any omission or errors in computa-
tion of assessed valuations which may be found to exist and be a fact."
Mrs. Marjorie Evaul of Alberta-Beale, Inc., owner of Lots 19 and 20,
Block 101, said she felt the assessed valuation to be too high and
asked why the front foot value of land in the block just south of
Atlantic Avenue was so much higher than in the block just north of
Atlantic Avenue.
The Tax Assessor said there is further depreciation due this proper-
ty in 1969 on the next Assessment Roll. It was made known that the
1968 assessed valuation of said property is $32,650.00 on land,
$41,665.00 on buildings, with a total of $74,300.00.
Mrs. Evaul reported this total valuation had been higher when she
first made an inquiry and it had been adjusted by Mr. Worthing down
to the $74,300.00.
In a detailed comparison of the two properties on East 5th Avenue
at 1st Street South and 1st Street North, being the Alberta-Beale
property and the Ted Jakomas property,. Mayor Saunders said he feels
there is an inequity which should be corrected.
Tax Assessor Worthing said it is his intent, for 1969, to review
2nd, 3rd, 4th, 5th and 6th Avenues front foOt values for four blocks
each way from Atlantic Avenue, as he is not necessarily in accord with
the valuations provided by the APpraisers in 1962.
During lengthy comments, the Tax Assessor said this property could
afford being granted a 10 to 15 per cent rediction in the value of
the building.
Mr. Wilson moved that the Board act on the City Tax Assessors recom-
mendation that the further depreciation factor of 10 per cent on the
building of the Alberta-Beale apartment property be allowed. The
motion was seconded by Mr. Merritt and carried unanimously.
Tax Assessor Worthing said he did not know if the Board would have
to reconvene this afternoon and continued: "If it is the desire of
this Equalization Board, inasmuch as it has already complied with all
requirements of the State Statutes and the City Charter of Delray '.
Beach, the Council, sitting as a Board of Equalization, might at this
time, in compliance with Section 86 of the City Charter, hereby cer-
tify that the 1968 Assessment Roll has been revised and equalized and
there shall be no changes thereon otherwise made unless provided by
law, and that would be exactly as I mentioned earlier. I might add
that a provision of law is such that the roll may only be changed
after certification by the Equalization Board to reflect any omission
or error in computation of assessed valuation which may he found to
exist and to be a fact."
The Assessment Roll for 1968, as adjusted, was accepted and so
certified to the Tax Assessor, it having been determined equalized
and equitable.
The meeting adjourned at 11:45 A.M.
R. D. WORTHING
City Clerk
-7- Bd. of Eq. June, 1968