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11-12-68 NOVEMBER 12, 1968. A regular meeting of the City C, uncil of Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor J. L. Saunders in the Chair, City Manager David M. Gatchel, City Attorney John Ross Adams and Councilmen James H. Jurney, LeRoy W. Merritt, James B. Wilson and O. F. Youngblood being present. 1. An opening prayer was delivered by Dr. Frederic F. Bush, Jr. 2. The Pledge of Allegiance to .the Flag of the United States of America was given. 3. The minutes of the regular meeting of October 30th and special meet- ing of November 4th, 1968, were unanimously approved, on motion by Mr. Merritt and'seconded by Mr. Youngblood. 4. There were no public releases. 5. Mr. Jurney referred to complaints he had received of the unneces? sary noises being made during the night at the F. E. C. Railway Compa- ny yard and said that he would like for the ordinance prohibiting such noises and disturbance to be enforced. 5. Mr. Merritt referred to the sanitary sewer project construction on S. E. 4th Avenue between 6th and 7th Streets, and asked why a large hole almost a block long has not been filled, and when it might be filled, as it is a bad condition and an inconvenience to the residents. Mr. John Klinck, Engineer for Russell and Axon Consulting Engineers, reported that cambron Construction Company, the sewer installation con- tractors, have had some difficulty with labor, also that both of their front-end loaders have been in the shop for repairs, but one of them is due back on the job tomorrow and will start work on the filling of that large h~le. It was pointed out that the sidewalks, driveways, etc. would be re- placed in their original condition after the filling of said hole, which is much larger than anticipated due to the amount of rock in that area. 5. Mayor Saunders read a PROCLAMATION stating this is the third con-. secutive yeaF the Delray B~aCh' Chamber of Commerce has sponsored a Ladies Professional Golf Association tournament, named for Louise Suggs who is a local resident and one of the world's greatest lady golfers, and proclaiming the week of November 18th through November 24th, 1968, as LOUISE' SU~GS-DELRA¥ BEACH INVITATIONAL GOLF WEEK. 5. Mayor Saunders said he had been given an October, 1932, Delray Beach newspaper and an interesting item that had come to his attention was of a Council meeting item regarding residents, without work and without money, being permitted to work out their water bills at the rate of two dollars per day for said work. 6.a. Concerning a survey of lands in violation of the City's nuisance laws, presented by the City Manager, Mr. Wilson moved that the City Clerk be instructed to proceed with the. enforcement of Chapter 15 of the City Code of Ordinances, the motion being seconded by Mr. Merritt and unanimously carried. (Copy of Nuisance survey is at~ached to the official copy of'these minute~.) See pages 212-A-B. 6.b. City Manager Gatchel referred to a letter, presented to Council at the last regular meeting, concerning participation in the South Florida Fair and Exposition. Following discussion as to the cost of a float, Mr. Wilson moved that the Citynot participate the motion exng seconded by Mr. Jurney and unanimously carried. -1- !lrl2-6s · 20S It was not known whether the Seacrest Marching Band participates in said South Florida Fair and Exposition, and Mro Merrttt suggested, if they do not participate and would like to, that the City under- write what expense they may have to take part in the parade. The City Manager was.asked to investigate this item, 6.c. City Manager Gatchel said as a result of Council adoption of Resolution No. 32-68, authorizing construction of sidewalks, five feet. in width, on the north side of S. E. 3rd Street between S. E. 3rd and 4th Avenues; also on the east side of Venetian Drive commencing at Miramar Drive and extending northerly to the parking area in Block A, John B. Reid's Village, a distance of approximately 470 feet, bids were solicited for such construction and the roi'lowing is a recapitu- lation of the bids received: For Construction of Sidewalks on: VENETIAN DR. S. E. 3rd ST. DAYS Hardrives of Delray, Inc. $2,595.45 $1,229.25 45 R. M. Garner Concrete Constr. 1,564.85 749.97 10 Ron Orr Concrete Contractors 1,527.50 669.50 ** ~*(~o bid bond submitted NOR time Of completion included in bid.) The City Manager said the bid of Ron orr Concrete Contractors is considered unacceptable~ and recommended that the bid of R. M. Garner Concrete Construction, in %he amount of $2,314.82 with 10 days comple- tion time, be accepted. The bid of R. M. Garner Concrete Construction, in the amount of $2,314.82 with 10 days Completion time for said sidewalk construction, was unanimously accepted, on motion by Mr. Merritt and seconded by Mr. Wilson. 6.d. ~The City Manager reported that Mr. C. O. Stanley, Jr., has sub- mitted an opportunity for City acquisition of Lots 10, 11 and 12, Block 28, for the sum of $15,000. Further, these lots comprise a parcel of land with a frontage of 224.1 feet on N. W. 4~h Avenue, commencing 136 feet north of West Atlantic Avenue, and a~ depth of 135.6 feet (30,388 square feet). Mr. Youngblood said this is a very congested area and a parking lot would be very beneficial. Said offer of property was unanimously referred to the Traffic and Parklng Committee for study and recommendation, and to the City A~min- istration for investigation as to the need of that property for some use other than parking, on motion by Mr. Merritt and seconded by Mr. Jurney. 7.a. Council was informed that Carver High School Ba~d Boosters' Club has petitioned for permission to solicit funds within the City from December 2nd through the 16th, the proceeds from w~ich are 'to be used~ in the purchase of uniforms for the Carver High School Band; further, the Solicitations Committee has reviewgd the application from the Band Boosters' Club and, under date of NoVember 1st, recommends Council ap- proval thereof. Said request for solicitation was unanimously granted, on .motion by Mr. Merritt and seconded by Mr. Wilson. 7.b. Council was informed that a request has been received from the Delray Beach Taxi Company and the Acme Taxi Co~pany, with a combined holding of six Certificates of Convenience (permits for operating six cabs), for revision of the present rate schedule governing passenger transportation charges, as the present schedule of rate charges i~ deemed insufficient to cover the cost of taxicab operation in view of increased material and labor costs dur£ng the recent years, not to mention increased insurance costs. The City Clerk said it is recommended that this petition be refer- red to the City Manage~ for anaiysis and possible review of the City's taxicab operators, a~d, a& a result thereof, if he deems it to be -2- 11-12-68 warranted, submit'his recommendation to Council relative to possible up-dating of the current.ra~e schedule, in compliance with provisions set forth in Chapter 26 of the City Code of Ordinances. It was so moved by Mr. Jurney, seconded byMr. Merritt and unani- mously carried. 7.c. City Council was informed that the Frances J. Bright Woman's Club of Delray Beach has petitioned for use of the gymnasium in the Community Center for a musical concert for Sunday afternoon, January 19th, 1969; further, such usage of the g~mnasium will not conflict with any Center programming and, with the approval of the Recreation Director, it is recommended that the request be granted. The request was unanimously granted, on motion by Mr. Youngblood and seconded by Mr. Wilson. 7.x. Council was informed that the Delray Primitive Baptist Church petitions for use of the gymnasium inthe Community Center for Friday, December 13th, from 6:15 P.M. until 9:00 P.M. for the Christmas Pro- gram of the Plumosa Kindergarten and Nursery School; further, it has been determined that such usage will not conflict with any Center programming and, with the approval of the Recreation Director, it is recommended that the request be granted. Said request was unanimously granted, on motion by Mr. Wilson and seconded by Mr. Merritt. X. City Manager Gatchel informed Council that such activities as these just approved at the Community Center are very much in keeping with the ability of the gymnasium to'provide for such programs as a result of the acoustical work that was done several'months ago. 8.a. city Clerk Worthing presented RESOLUTION NO. 40-68. A RESOLUTION.OF THE CITY cOUNCIL OF THE .CITY OF 'DELRAY BEACH, FLORIDA, VACATING'AND ABANDONING A DEDICATED RIGHT-OF-WAY. (Copy of Resolution No~ 40-68 is attached to the official copy of these minutes.) See pgs-212-c. It was reported that the Planning and Zoning'Board, also the City Engineer, have given their approval of such abandonment, if it is the desire of Council. Mr. Jurney moved that Resolution No. 40-68 be passed and adopted. on this first and final reading, the motion being seconded by Mr'. Wilson. Following a question as to what WOuld be constructed upon said land, City Clerk Worthing reported that it is the intent of the owners to divide the property into three parcels with the oWner, Midas Muffler Company, constructing their place of business on the center parcel. Mr. Lindsey Eve, Realtor, explained that the Midas Muffler Company are at the present time endeavoring to place two other National Com- panies as their tenants on the other two parcels of land, He explained that the Midas Muffler operation is not a noisy operation and is housed in a very well designed, expensive building. Council asked that some beautification be provided in that area if possible. Upon call of roll, 'the motion to pass Resolution N©. 40-68 passed unanimously. 8.b. The City Clerk presented ~ESOLUTION NO. 41-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,'VACATING'AND ABANDONING A PORTION OF AN ALLEY IN BLOCK 46', CITY OF DELRAy BEACH, FLORIDA. (COpy of Resolution No. 41-68 is attached to the official copy of these minutes.) See page 212-D. Resolution No; 41,68 waS'unanimousl~ passed and adopted on this first and final reading, on motion by Mr. Youngblood and seconded by 8.c. City Clerk Worthing presented ORDINANCE NO. 26-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~%ENDING SUB-SECTION (6), SECTION 29-7.5, CHAPTER 29, CODE OF ORDINANCES OF THE CITY PERTAIN!~ TO BUILDING SETBACK LINES ALONG A PORTION OF OCEAN B0~RD .(STATE ROAD AIA). (Copy of Ordinance No. 26-68 is attached to the official copy of the October 30, 1968, Council minutes.) See page 204-E. The City Clerk reported that at the last regular meeting of Council, this ordinance was referred to the Planning and Zoning Board for re- view and comment thereon, and said Board, with one member being absent, unanimously recommends denying adoption of the ordinance, as reflected in its report dated November 7th. Following discussion, and no one appearing at the public hearing on said Ordinance, Mr. Youngblood moved that OrdiHance No. 26-68 be passed and adopted on this second and final reading, the motion being seconded by Mr. Wilson. Upon call of roll, Mr. Jurney, Mr. Wilson, Mr. Youngblood and Mayor Saunders voted in favor of the motion, and Mr. Merritt was opposed. 8.d. The City Clerk presented ORDINANCE NO. 29-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF D~.LRAY BEACH CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO ExiSTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING T~HE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;AND PROVIDING FOR THE ZONING THEREOF. Council questioned this land being annexed in the R-3 zoning clas- sification instead of RM-1. Mr. Abbott, Director of Planning, Zoning and Inspection, informed Council that the Planning and Zoning Board had studied this and felt it is better to extend the R-3 zoning in this area rather than this land being placed in an RM-1 zone; further, it is his understanding that the land pr~osed to be annexed under this ordinance will be combined with lan~ currently within the City in R-3 classification, and developed as one parcel, and he believes that development will be such that would require Site Plan approval, which, would give Council all the control needed for proper setbacks, etc. Following lengthy discussion, Mr. jurney moved that this item be referred back to the Planning and zoning Board and give Council an opportunity to analyze the whole situation, the motion being seconded by Mr. Merritt. During further discussion~ M~yor Saunders suggested this Ordinance be placed on first reading tonight with the understanding that it be referred to the Planning and Zoning Board with a request that RM-1 zoning classification be considered .for said property, and it be fully debated at the public hearing on second reading. In order to proceed· with the annexation proceedings of said property at this time, Mr. Jurney and Mr. Merritt withdrew their motion and second. Mr. Wilson then moved that Ordinance No. 29-68 be placed on first reading subject to referral to the Planning and Zoning Board for fur- ther consideration before the second reading· and public hearing on same. The motion was seconded by Mr. Youngblood and carried unani- mously. 10.a. There were no public requests from the floor. -4- 11-12-68 10.b. Regarding Supplemental Agreement No. 19, affecting the engi- neering contract with. Russell & Axon, ¢ity Manager Gatchel reported to Council as follows= "First Federal Savings & Loan Association ofMiami has determined to provide for sewage collection lines installations on Eagle Circle, Blue Jay Road, and portions of'Bunting Drive, EagIe Drive, Brant Drive and Audubon BoUlevard in Tropic Palms, at their expense. To enable such sewage collection line installations, it is advis- able and in the best interests of the City that a Transmission Main be installed extending from the manhOle at the junction of Brant Drive and Linde11 Boulevard northward to and connecting to Lift Station No. 34. Expense for such extension is the responsibility of the City; however, First Federal Savings &Loan Association, in a communication to the City Manager dated November 6, 1968, has authorized and granted permission for the City of Delray Beach to use a portion of the un- committed funds from the original loan of $670,000 to cover such ex- pense. It is understood that Cambron Construction Company, the current contractor for the Southeast Area Sewage Project, will accept this work as an extension of the existing contract and under the same terms and conditions contained therein. It is, therefore, recommended that the City of Delray Beach take advantage of this opportunity, which is deemed economically advisable and in the best interests of the City, To accomplish this beneficial ' v ~mpro ement, it is further recommended that council authorize execu- tion of Supplemental Agreement No. 19, which directs the consulting engineers, Russell & Axon, to proceed with preparation of plans and specifications for such Transmission Main extension on Lindell Boule- vard, as shown on a sketch attached to the Agenda. Compensation to the engineers for this project shall be in accord- ance with the current terms and conditions as previously approved by Council in its acceptance and execution of SuPPlemental Agreement No. 15, on February 27, 1968." Following further detailed explanation by the City Manager of the money involved in this installation, Mr. Wilson moved that said Sup- plemental Agreement be approved as outlined, the motion being seconded by Mr. Jurney and unanimously carried. See page 212-E for Sup. Agree. No. 1 10.b. City Clerk Worthing informed Council that there has been re- ceived an offer of $450,000 to purchase the City-owned tract 'of land described as that part of the South 400 feet of the North 4680 feet of Section 21-46-43 lying between the easterly right-of-way line of A1A (State Road 140) and the waters of the Atlantic Ocean, and that Council may: 1. Decline interest in considering disposal of the property at this time; or 2. Direct the administration to proceed with providing for a PUBLIC AUCTION of the subject property, in full compliance with Chapter 7 of the City Charter. The principle factor in Chapter 7, concerning such procedure, is "Advertising the Base Bid, notifying the public as to terms of propOSed sale, and.at what time, day and location Said Public Auction He further said the holding of a public auction does not necessarily mean disposal of the property, as Council.always has the option of ac- cepting the high bid or rejecting all bids. He suggested that in ad- vertising the sale it not be advertised in the Wall Street Journal due to the high cost of that advertisement, and that it be advertised in the Miami Herald, Ft. Lauderdale News, Jacksonville Times-Union, Tampa Tribune and Atlanta Journal. The City Clerk informed Council that it is the desire of the peti- tioner for a 90hday closing period if he is the SUccessful high bidder at said auction. Mr. Jurney moved that said property be offered for sale in accord- ance 'with Chapter 7 of the City Charter as outlined by the City Clerk, subject to .a 90-day closing. The motion was seconded by Mr. Wilson. Thursday, December 5th, 1968, was selected as a date for said Public Auction, with bids beipg reported to Council at the December 9th meeting. City Manager Gatchel reported that the cost of said beach property, including the advertising costs, to December 1, 1968, is $451,748.70, Upon call of roll on the motion 'to advertise a public auction on said beach property, the motion carried unanimously. 10.d. City Clerk Worthing presented Bills for Approval as follows: General Fund $79,581.47 Water Operating &Maintenance Fund 5~'703.62 Utilities Tax Revenue Fund 1~550.00 Capital Improvements 'Construction Fund 1,072.80 Cigarette Tax Fund 7,522.00 Mr. Jurney mentioned a bill to Goodwin Enterprises and said that business is owned and operated by. an employee of the City of Delray Beach, and questioned it being proper for an employee to do business with the City. The City Manager reported the $40.00 bill referred to is for the sale and installation of a 48"by 48~,6' tube florescent fixture at the fire station. The City Attorney said there may be a stat~-statute prohibiting that type of business procedur6.:and<~e would...check same. He said. this in- volve~ an administrative decision, and suggested it be-referred for dis- cussion at a workshop meeting. The 'City Manager said he believes there is.a.c~ition in the Person- ne1 Policies that covers a Situation of this type, but assured Council that if its action is needed, it Will be brought back to Council. This was a,gre~able to Council The bills were unanimously ordered paid, on motion by Mr. ¥oungbi~od and seconded by Mr. Merritt. The. meeting adjourned at 9:45 P.M. City Clerk APPROVED: F~ ~ ' ' ' -6- 11-12-68 212-A Page 2. Nuisance List. .;.' ~ .... CITY OWNER AND ADDRE~SS. PROPERTy..DESCR. I. PT!ON COD.~ 15. Ishmel Tyson Lot 10, Block 5, Atlantic 15-3 1 Pea Street, N. W., Apt. 2 Gardens. & Washington, D. C. 20001 (1102 W. Atlantic Avenue) 15-4 16. Lucile J. Nichols Part of Ocean Beach Lot 26 15-3 P. O. Box 414 as follows: Beg at NW cot Delray Beach, Florida 33444 Lot 1, Nassau Park, W'12'.96', 15-4 I N 49.33', W 75', S 128.95', ~ E 83.2', N 79.6' to POB. · i (1122 Ocean Terrace) (26B) 17~ R. & Marie S. Risher Lot 1, Block 15, Seaga.~e 15-3 927 Eve Street Section "A". & Delray Beach, Florida 33444 (502 Sea Sage Drive) 15-4 18. Jarrell D. Ritter Lot 2, Block 15, Seagate 15-3 241 Market Hill SeCtion "A". Amsterdam, New York 12010 '(~08 Sea. Sage Drive) 15-4 Violations 15-3 and 15-4 as concerns this report are as follows: 1. 15-3 - Garden trash 15-4 - High weeds and undergrowth 2. 15-4 - High weeds and undergrowth 3. 15-4 - High weeds and undergrowth 4. 15-4 - High weeds and undergrOWth 5. 15-4 - High weeds and undergrowth 6. 15-4 - High weeds and undergrowth 7. 15-4 - High weeds and undergrowth 8. 15-3 - Garden trash, tree limbs and debris 15-4 - High weeds 9. 15-3-- Debris 15~4 -.High weeds and undergrowth 10. 15-3 - Debris 15-4 - High weeds 11. 15-3 - Debris 15-4 - High weeds 12. 15-3 - Garden trash and debris 15-4 - High weeds and undergrOWth 13. 15-3 - Garden trash and debris 15-4 - High weeds and undergrowth 14. 15-3 - Garden trash i 15-4 - ~{igh weeds and undergrowth ! 15. 15-3 - Debris 15-4 - High weeds and undergrowth 16. 15-3 - Garden trash 15-4 ~ High weeds and undergrowth 17.15-3 - Garden trash and tree limbs 15-4 - High weeds 18.15-3 - Garden trash 15-4 - High weeds and undergrowth Submitted to the City Council by the City Manager on this the 12th day of .NoV, ember,. 1968. 212-B PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 AND SECTIONS 15-3 and 15-4 OF THE CITY CODE,'' CITY OWNER AND..ADDRES~' PRQPER~¥ DESCRIPTION CODE 1. David H. Annan Beg 38.54' W of SE cot of 15-3 3247 Polo Drive N½ of LOt 28 for POB th run Delray Beach, Florida 33444 W 200' 15-4 , N 135.06', E 200', S 135.06' to POB, Section 9-46-43. (750 N. Ocean Boulevard) (1) 2. Russell H. & Deborah Martin Lot 9, Block 3, Beltview 15-4 P. O. Box 160 Manor. (8 S. W. 8th Court) East Flat Rock, North Carolina 28726 3. Lingard & Elsbeth F. Loud Lot 1 and South ½ of Lot 2, 15-4 198 Via Linda Block 5, Ida Lake Terrace. Palm Beach, Florida 33480 (201N. W. 12th Street) 4. John A. & S. Odell McAfee Vacant part of Lots 10 &'~ll, 15-4 110 South Avenue Block 40, Grove Park. Marietta, Georgia 30060 (324 S. W. 3rd-Avenue) 5. Pearl Johnson Lot 12., Block 39.~ 15-4 140 S. W.. 4th Avenue (218 S. W. 3rdlAVenue) Delray Beach, Florida 33444 .6. Leo A. & Joan M. Blair Lots 9 & !0, B1Qck 94. 15-4 Rt. 91, Box 882 (181 &'189 S~'E. 3rd Avenue) De!ray Beach,.Florida 33444 7. Robert &"Mabel Williams . Vacant part of Lot'l, Block 1,15,4 2572 Chain Bridge ROad, ..Amended Plat of Su~ny"Heights,.. Apt. 101 (321 S. W. 8th Street) Vienna, Virginia 22180 8. Moody Tiebeam serviCe, Inc. Tract "A", Amended'plat' of 15'3 915HibiScus. Lane Sunny Heights. & Delray Beach, Florida 33444 (707 S. W. 4th Avenue) 15-4 9. Meivin A. Smith Vacant part of Lot 4, 15-3 216.S.W. 5th Avenue Block 23. & Delray Beach, Florida 33444 (216 S. W. 5thi~Avenue) 15-4 10. William P. Priest Lot 19, Block 7, Atlantic' 15-3 228 S. W. 1st Avenue Gardens. . DeiraY Beach~ Florida 33444 (226 S. W. llth Avenue) 15-4 1!. 0- .DJ & RUth.Priest, Jr. LOts 20 & 21, Block.7, i5-3 228 $. W.~lst Avenue Atlantic Gardens.' & DelraY BeaCh, Florida 33444 (230 & 234 S. W. 11th Avenue) 15-4 139Q N..W. 51st Terrace (33 S. W. 15th AvenUe) & Miami, FlOrida 33142 15-4 13. Gray Lot 27, Block3"..Odm'~an~s~' 15-3 Hester 1390 N. W. 51st Terrace (35'S. W. 15th AVenue) & Miami, Florida 33142~ · 15-4 14. Hattie J. Knowles Lot 29, Block 3, Odmanns. 337 N. W. 5th Avenue (45.S.W. 15th Avenue)` Delray Beach~ FlOrida 33444 · 15-4 212-C RESOLUTION NO. 40-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A DEDICATED RIGHT-OF-WAY. WHEREAS, MARVIN F. BUNTROCK, ILA L. BUNTROCK and RICHARD BUNTROCK, as Trustees, and TRI-B, INC. OF SOUTH FLORIDA,. the owners of Lot 9, Block 13, Osceola Park per Plat Book 3, Page 2, Public Records of Palm Beach County, Florida; and Lots 1 and 2, Block 3, Rio Del Rey Shores per Plat Book 25, Page 5, Public Records of Palm Beach County, Florida, have made application to the City Council of Delray Beach to vacate a ten foot alley as appears on said Plat of Block 3, Rio Del Rey Shores. WHEREAS, said dedicated right-of-way (alley) has never been opened or used by the City of Delray Beach, and is deemed not needed by said City; NOW, THEREFORE, BE IT REsoLvED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: That pursuant to Section Seven (7), Paragraph Three (3) of the Charter for the City of Delray Beach, Florida, it.is hereby determined to vacate and abandon any title and interest in and to the following described property: That parcel of dedicated alley right'- of-way in Block 3, Rio Del Rey Shores Subdivision per Plat Book 25~ Page ~, Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the 12th day of November, 1968. i MAYOR !.. jl ATTEST: ~../..S~ R. _D. _Wor.thing _. ...... ~-~_~ City Clerk 212-D RESOLUTION NO. 41-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING -AND ABANDONING A PORTION OF AN ALLEY IN BLOCK 46, CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the CITY OF DELRAY BEACH, is the owner of Lots. 1, 2, 3, 4, 9, 10, 11 and 12, comprising the north half of BLOCK 46, Plat Book 1, Page 3, and has determined to construct a Law Enforcement Complex thereon, and WHEREAS, there exists a dedicated north-south alley, lying between said Lots i thru 4 inclusive, and Lots 9 thru 12 inclusive, which has never been opened or used, and is deemed not needed by the City: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DELRAY BEACH, FLORIDA: That pursuant to Section Seven (7), Paragraph Three (3) of the Charter for the City of Delray Beach, Florida, it is hereby determined to Vacate and abandon any title and interest in the following described property: That portion of 16 foot alley, lying adjacent to and.between the East line of Lots 1, 2, $ and 4, and the West line of Lots 9, 10, 11 and 12, Block 46, as shown on Plat of original Town of Linton, as recorded in Plat Book 1, Page 3, Sheet 2 of 2 Sheets, Palm Beach County, Florida, Public Records. PASSED AND ADOPTED in regular session on this the 12th day of November, 1968. /S/ J. L. Saunders MAYOR ATTEST: /S/. R. D._~Worthin? city Clerk 212-E 'SUPPLEMENTAL AGREEMENT NUMBER 19 ENGINEERING CONTRACT CITY OF DELRAY BF-.ACH, FLORIDA WHEREAS, the City of Delray Beach, hereinafter referred to as the OWNER, and Russell & Axon, COnsulting Engineers, Incorporated, hereinafter referred to a s the ENGINEERS, entered into a contract for engineering services dated the 30th d~ay of September,. 1959, and WHEREAS, the ENGINEERS have informed the O~ArNER that it would be in the best interest of the OWNER to provide competent engineering, fOr the design of ~anitary sewer extensions to certain areas not. presently served by sanitary sew- ..elrage and more particul,~rly described as: In the area of Tropic Palms Subdivision, portions of: Dotterel Road, Lindell Boulevard, AudubOn Boulevard, Brant Drive, Eagle Drive, and all of Eagle Circle and Blue Iay Road. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. OWNEP, authorizes ENGINEERS to proceed immediately with prepara- tion of final plans and specifications, in the form of contract drawings and related documents, for construction of certain gravity sewage collection lines and trans- mission mains within bounds of the area described above. 2. Estimated construction costs for the OWNER'S portion of transmission mains provided above for Dotterel Road and Lindell Boulevard are about $45,000, more or less; as previously established by preliminary ENGINEER'S cost estimates." The costs of collection lines for the remaining streets are to be borne by the area developer. . .... 3. OWNER agrees to compensate ENGINEERS, for engineering services pertaining to the OWNER'S portion of the project authorized herein, in accordance with the terms and provisions of Supplemental Agreement Number 15 dated February 13, 1968. .4. Other terms and provisions of the above cited Supplemental Agreement Number 15 and the contract between the parties hereto dated September 30, 1959, shall remain in full force and effect, unless modified by this Supplemental Agree- ment Number 19. Executed this 13%h day of November 1968. CITY OF DELRAY BEACH, FLORIDA C~~ CONSULTING ENGINEER~, INCORPORATED Authorized Officer ~uthorized Officer