Loading...
12-23-68 D~CEMBER 23, 1968. A regular n~eeting of the City Council of Delray Beach was held in the Council Chambers at 8=00 P.M., with M~y~r J. L. Saunders in the Chair, City Manager David M. Gatchel, City Attorney John aoss 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 Rev. J. Marvin Sweat, Jr. 2. The Pledge of Allegianoe to the Flag of the United States of America was given, 3. The minutes of the regular Council meeting of DeCember 9, 1968, were unani~ously approved, on motion by Mr. Merritt and seconded by Mr. ¥oungblood. 4. The City Clerk read the following letter from Mrs. J. L. Jones of Boynton Beach, Florida, dated DeCember 10, 1968= "I have just completed the course- in The Driv· Improvement School as a .volunteer. ~ As a former teacher, I want to express my appreciation to everyone connected with this Program for g~ving me the opportunity of participating in the program. Sgt. Dalton and his staff are to be applauded for their fine presentation and careful selection of the material included in the ~-ourse. It is of great value to~ the new ~river, as well as the more experienced ones. We wish every driver would take th~s course -- there would be fewer accidents on the road." Mr. Merritt asked that the city Manager send a letter of com- mendation to Sgt. Dalton along with a copy .of this letter. 4. City Clerk Wor~hing rea~L .the following letter from the Garden Club Presidents' Parley~ date~ Decenlber 19th and signe~ by Margaret D. Ger~/uest = "The e£ght Garden Club~ of Delray Beach, comprising more than 200 members, are celebrating ~he 30th anni- versary of the founding of the f~rst ~arden Club in Delray Beach, by honoring its chart, er m~bers. Th~s will be a coffee to be held at 10 a.~. on Arbor Day, January 17, 1969, at the A~lt ~ecreation ~enter, 801 ~.. Atlantic Avenue. We ~ould be very ple~ped if any or all of you gentlemen would stop by and have a cup of coffee with Our ueual procedure on Arbor Day is to take part in some small way in a tree planting or some other form of ~ity beautification. Inasmuch a~ the real need will be in the Bon Aire parking area, we will defer our participation unt£1 that project ~s nearer completion." 5. Mr. Merritt introduced his sister and her husband, Mr. & Mrs. James Batson of Tampa. ~. Mayor Saunders presented COuncilman-elect James H. Scheifley with a framed ~ertificate of Appreciation ~ recognition for his outstand- ing service £n furthering the a~ms a~~ ~rinuiples of the City of Delray Beach ~n the field of PLANN/NG A~D ZONZNG. -1- 12-23 -68 6.a. Regarding bids received to provide certain insurance coverage in 1969, for which the City is responsible, City Manager Gatchel read a memorandum from Finance Director Weber, dated December 23, 1968, accompained by an analysis of the Insurance Bids for 1969 that were See opened at 4:00 P.M., December 20~ 1968. (Copy of Memorandum and (pgs. 2~-A-B Analysis of Bids are attached to' the official copy of these minutes.) It was pointed out that the City Manager, the Finance Director and the Insurance Agent of Record, Beery & Brown Insurance Agency, recommended that the award be made to Gracey Brothers in the amount of $49,899.00 for the St. Paul Fire & Marine Insurance Company Multi- cover Policy with limits of ~250,000/$500,000 and including ~ersonal injury. During. discussion, Mr. Jurney moved that these bids be tabled until the new Council takes office. The City Attorney pointed out that the City insurance expires the end of this year and a decision would have to be made prior to that time. Mr. Jurney withdrew his motion. It was recommended that the insurance expiration date be changed to the middle of the year and City Attorney Adams suggested that the City Manager be asked to study same with the thought in mind that when the 1970 insurance is considered it could possibly be awarded on an eighteen-month basis. Mr. Wilson moved to accept the recommendation of the City Manager and the City Attorney and award the contract on insurance to Gracey Brothers, as outlined, for the forthcoming calendar year, the motion being seconded by Mr. Youngblood. Upon call of roll, Mr. Merritt, Mr. Mr. Wilson, 'Mr. Youngblood and M~yor Saunders voted in favor of the motion and Mr. Jurney was opposed. 6.b. The City Manager referred to a letter from the Novo Investment, Corp. with their proposal to widen and pave a portion of Casuarina Road, in the area. lying between its intersection with Seasage and Venetian Drives, at no cost to the. City. (Copy of said letter is on page 6 of the December 9th, 1968 council minutes. ) It was 'pointed 'out ~hat · a" workshop .m~eting had been. held' on 'this item since the last Council me,ting and .during lengthy discussion, Mr. Jurney moved that the Seagate Manor (Novo Investment Corp. ) be allowed to widen and _pave that ~ortion of Casuarina Road as they have outlined to the City Manager, the motion being seconded by Mr. Youngblood. Following review of the past discussions and meetings concerning this item and .upon call of roll, Mr. Jurney, Mr. Wilson, Mr. Youngblood and Mayor Saunders voted in favor of the motion and Mr. Merritt was opposed. 6~c. Regarding the release of Contractor's One-year Warranty Bond for Sanitary Sewer Area 12 and Extensions, city Manager Gatchel report- ed to Council as f°llows: "With reference to contract dated May 22, 1967, between the City and the DawsonCompany, Inc., for Sewage Works Project No. 5964-8b (Area 12 and Extensions), this project having been completed and operational, was accepted by the City on December 12, 1967. The Gen- eral Conditions of this contract contained, in part., a 'guarantee' of all materials'and equipment, furnished by the Contractor in this in- stallation, being free from defects owing to faulty· materials or workmanship for a period of one year from project acceptance, namely said December 12, 1967. Such guarantee period, therefore, expired on December 12, 1968, and the city's Consulting Engineers' representative, Mr. Robert R. Errigo, together with the City's Superintendent of Sewers, Mr. Carl Howard, did, jointlY, perform a thorough and complete One-Year Warranty Inspection of the installations an~ facilities in conjunction there- with on December 9, 1968. This inspection showed all l£nes and man- holes to be in good condition, with no apparent leaks, and carrying normal sewage flow, -2- 12-23-68 233 It is, therefore, reconuuended, concurred' in bY the Engineers and the Cit~f-'s seWage works Superintendent, that 'final acceptance of Area 12 and Extens._ i~ns be effected, and the Contractor, namely The Dawson Company, Inc., be released from his One-Year Warranty Bond." Mr. wilson moved that the/Contractor be released from the responsibility for his one-year bond as outlined by the City Manager, the motion being, seconded by Mr. Youngblood and unanimously carried. 6.d. The City Manager said that Council determination as to the extent of immediate parking facility improvement of the Bon Airs property is requested, and the estimated cost for a step by step program is as Step I - - - .- - - 35 Cars- .......... $3,400. or Step II ~ - ~ - - $2 Cars .......... 5,450. or Step III 97 Cars ' 9 890 He pointed out that the cost of providing said parking would be coupled with the provision for the park that has been approved~ that the park work would be done by City forces 'and that the paving for said parking facilities would have to be done by contract. Mr. Wilson moved to proceed as soon 'as practical and possible on the full development and utilization of the Bon Airs property which will call for the parking of 97 CarS, Step III, and that it be paid for by funds available from the Utility Bond Issue. The motion was seconded by Mr. Youngblood and carried unanimously. 6.e. The City Manager informed Council that concerning the suit to restrain the City from disposal Of its 400 foot tract of land on South A1A, instigated by Mr. James B. McGuire, the City Attorney recommends that Attorney Frederick Hollingsworth be employed immediately to assist in.defense of: said suit as he ~w~uld. then be in a position to assume full responsibility for the proceedings after January 1o 1969. He then read the following letter ~rom Attorney Holl~ngsworth, dated. December 19th, 1968: "I have conferred with Mr~ Adams regarding, the above case and am willing to represent the City therein. My attorney fee will be charged at the rate 'of $35.00 per hour. I estimate that the total attorney fee should not exceed $2, §00.00." Mr. Jurney moved that Council act on the recommendation of the City Attorney and 'that Attorney Frederick Hollingworth be employed immediatel~ to assist in the defense of the suit on the said south beach. The motion was seconded by Mr. Youngblood and upon call of ro110 Mr. Jurney, Mr. Merritt, Mr. Wilson and Mr. Youngblood voted in favor of the motion and Mayor Saunders abstained from voting. 6.f. Regarding membership on the Planning and Zoning Board, 'City Manager Gatchel sai~ that due to the recent resignation of Planning and Zoning Board member james H. Scheifley, and in accordance with Chapter 20 of the City's Code of Ordinances, Council should provide for selection and appointment of a successor thereto, for the un- expired term of Mr. Scheifley which ends September 28, 1971. He then read the following letter from the Planning and Zoning Board, dated December 23, 1968.- "The Planning and Zoning Board wishes to inform the members of City Council that they recommend the following persons be considered for the apP°[ntment t° the Board to fill the va=ahoy on the Board created by the resignation of Mr. James H. Scheifley-. His term would end Septemb. er 28, 1971. The choices of the Board are: Mr. George Talbot Mr. C. Spencer Pompey" ,,234 It was made known that other individuals had been recommended or desired to serve as a member of said. Board, and Mr. Merritt moved that this item be tabled for discussion at the first workshop meeting of the new Council with the Planning and Zoning Board. The motion was seconded by Mr, Wilson and following further discussion, and upon call of roii, Mr. Merritt, Mr. Wilson, Mr. Youngblood and Mayor Saunders voted in favor of the motion and Mr. Jurney was opposed. 7.a. City clerk Worthing reported that offers have been received providing the City the opportunity, by purchase, of acquiring tWO parcels of land, as follows~ 1. Lot 10, Block 124, comprising approximately 93.024 square feet, and more commonly known as the Kentucky House property on the northeast corner of East Atlantic and Seventh Avenues for the sum of $325,000. ~ also 2. That parcel of land lying .between the Intracoastal Waterway and Venetian 'Drive, fronting on the South side of EaSt Atlantic Avenue for a distance of 507.21 feet, with a depth of 278 feet, comprising approximately 141,000 square feet, for the sum of $63 S, 000. The City Clerk said that under Agenda Item 9.b., the Traffic and Parking Committee recommend that serious consideration be. given acquiring the Kentucky House property, Item %1 above. Mr. Merritt recommend~that Item 2 be referred to the Parking and Traffic Committee and the City Administration for possible recreational purposes. Mr. James H. Scheifley, speaking as a taxpayer and a private citizen, said that he has had occas~on~to study the City Charter and the responsibility of the various components of the City, and he feels the Planning and Zoning Board Of the City should do.more planning than they have and that when ~roposals come that involve long range.planning, or 'establishing priorities,, the .Planning Board;should be directed by Council to study same and make recon~endation~. Mr. Wilson suggested that this matter be tabled for a .workshop meeting and that it 'also be referred to the Planning and Zoning Board.' for their recommendation. Mayor Saunders said this item together with part of Agenda Item 9.b. would be tabled:-for a .~orkshop.meeting. 7.b. The City Clerk informed Council that a petition has been received for Zoning Reclassifcation from R-1AA to C-1 of Lot 7 and the South 25 feet of Lot 8, Seabreeze Park and that Council may deny this petition or refer same to the Planning and Zoning Board for a public hearing to be held thereon, followed by the Board's recommendation. Said request was unanimously referred to the Planning and Zoning Board, on.:'motion, by Mr: .Wilson and".s~conded..by Mr, Youngblood. 8.a. City Clerk Worthing read R~SOLUTION NO. 42-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH COMMENDING THE sEACREST HIGH SCHOOL FOOTBALL TEAM, KNOWN AS THE "SEAHAWKS", FOR ITS CONTRIBUTION TO THE COMMUNITY. (Copy of Resolution No. 42-68 is attached to the official copy of these minutes.) See pages 24~-C. Resolution .No. 42-68 was unanimously passed and adopted on this first and final reading, ~ Notion bY Mr, Merritt and seconded by Mr. Youngblood. -4- 12-23-68 8.x. The City Clerk read RESOLUTION NO. 45-68. A RESOLUTION 0F CITY COUNC OF THE CITY OF DELRAY BEACH COMMENDING THE CARVER HIGH SCHOOL FOOTBALL TEAM, KNOWN AS THE "EAGLES" , FOR ' ITS CONTRI- BUTION TO THE COMMUNITy. (Copy of' Resolution No~ 45~68 is attached to the official copy of these minutes.) See page 240-F. ResoIution NO. 45-68 was.~unanimously passed and adopted on this first and final reading, on motion .by Mr. Youngblood and seconded.:by Mr ~ -Jurney. Mr. Wilson suggested ~hat at the next workshop meeting Council d~scuss ways and means whereby it may. further implement this award to Carver High School. 8.b. City Clerk Worthing presented RESOLUTION NO. 43-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING .PLANS,_ SPeCIFI- CATIONS AND ESTIMATE OF COS~ TO cONSTRUCT SIDE- WALKS ON THE 'NORTH SIDE OF N'. E. FOURTH STREET BETWEEN NORTH SWINTON AVENUE AND N. E. SEVENTH ,AVENUE, .A DISTANC~ OF ..APPROXIMATELY TWO THOUSAND TWO H1~DRED (2200) -FEET'. (Copy of Resolution No. ~43~68..is attached to the official copy of these minutes.) See page 2~0-D... ~ Resolution No..43-68 was unanimously passed .and adopted on this first and final reading, on motion by Mr. Jurney and seconded by Mr. Youngblood. . 8.~. City C!&rk worthing read RESOLUTI'~N NO. 44-68. A RESOLUTION OF THE CITY COUNCIL OF' 'THE CITY OF D~RAy BEACH, FLORIDA, IN HONOR'AND DEEP APPRE- CIATION OF FAY CARPENTER. (Copy of ResoIution No. 44-68 is attached to the offi6ial copy of these minuteS.)'. See page 240-E. Resolution No. 44-68 was unanimously passed and adopted on this first and final reading, on motion by Mr. Youngblood and seconded by Mr. Merritt. 8 .d. The City Clerk presented ORDINANCE NO. 28-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY O? DELRAY BEACH,. LOTS 1'0. .and 11, ESQUIRE .SUBDIVI- SION, .~6ICH LANDS ARE CONTIGUOUS TO EXISTING 'MUNICIPAL LIMITS OF SAID cITY; RED'~FINING-THE BOUNDARIES OF SAID CITY TO' INCLUDE SAID LANDS PROVIDING FOR THE RIGHTS AND OBLIGATIONS. OF SAiD LANDS ;. AND PROVIDING FOR THE ZONING THEREOF. 902-908 S.. W. 10th Street (Copy of Ordinance ~o. 28-68 is attached to the official copy of these minutes.) See: page 240-G. The City Clerk reported that Ordinance' No. 28-68 was peaced on first reading October 30, 1968, as a result of the property owner petitioning, therefor, subject't0 C-2 zon{ng, and was referred to the Planning and. zoning'Board for review. Further,. the Board declined .to favor C-2 Zoning, and with the consent of the ~etiti~er, Mr. David C. Ledbetter, now recommends tO Cou~'c[1,_~._ under. 12-2'3~/dat~'~f' December 5th, annexation of said Lots 10 and 11 with the understanding that same shall be classified RM-1, ~ultiple Fmuily Dwelling District, and said Ordinance No. 28-68. has.. been. '.'so: ~.~mende~ and properly'.advertised. There being n~ objection to Ordinance No. 28-68, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Merritt snd seconded by Mr'. Youngblood. 8.e. City Clerk Worthing presented ORDINANCE NO. 30-68. AN ORDINANCB OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THIS CITY BY ADDING A SECTION ESTABLISH- ING SEWER CONNECTION CHARGES. (Copy of Ordinance No. 30-68 is attached to the o~f~cial co~y of these minutes.) See pages 240-H-I. There being no objection to Ordinance No. 30-68, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mr. Wilson. 8.f. The City Clerk presented ORDINANCE NO. 32-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDAa ANNEXING TO THE CITY OF DELRAY BEACH, LOT 50, D~LRAY BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVID- ING FOR THE ZONING THEREOF. 1001 Brooks Lane (Copy of Ordinance No. ~-68 is attached to the official copy of these minutes.) See page 240-J. There being, no objection to Ordinance No. 32-68, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seConded by Mr. Wilson. 8.g. City Clerk Worthing presented ORDINANCE NO. 33-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DKLRAY BEACH CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP 46. SOUTH~ RANGE 43 EAST, WHICH LAND' IS cot .ouous TO EXISTI mNICIPAL OF S ID CITY, REDEFINING THE BOUNDARIES .OF .SAID CITY TO INCLUDE SAID LAND~ 'PR~vIDIN~ FOR THE RIGHTS AND OBLIGATIOES OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF. 1413 South Ocean Boulevar¢l (Copy of Ordinance No. 33-68 is 'attached to the official copy of these minutes.) See page 240-K. The City Clefk informed Counoi1 that the planning and Zoning Board, in its report dated December 10th, recommends RM-1 zoning of said land. There being no objection to Ordinance No. 33-68, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. W~lson and seconded by Mr. Jurney. 8.h. The City Clerk presented ORDINANCE NO. 34-68. AN ORDINANCE OF TI~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNF~XING CERTAIN PROPERTIES LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE'43 EAST, ALL OF WHICH ARE LO- CATED IN THE' DELRAY BEACH RESERVE AREA. Ordinance No. 34-68 was unanimously placed on first reading, on motion bY Mr. Youngbloo~ and seconded by Mr. Jurney. 8.i. The City Clerk presented ORDINANCE NO, 35-68. AN ORDINANCE.. OF'THE CITY 'COUNCIL OF TH~' CITY OF ~... DELRAY BEACH, FLORIDA, ANNEXING TO THE .CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING T~E BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF, - The City Clerk .informed Council that prior to ~,second and final reading, this Ordinance would be reviewed by the Planning and Zoning Board who would submit recommendations as to the zoning classificati°n of the land. . Ordinance No. 35-68 waS unanimoUsly placed on first reading, on motion by Mr. Jurney and seconded, by Mr. Merritt. ~ 9.a. Regarding Site Plan consideration--for development of. certain lands, City Clerk Worthing informed council that with reference to the development of a. 200 foot .tract o.f land lying between the Intra- coastal waterway .and AiA, in ,the 2200.~Block on.~South AIA, by 'Mr. Kilpatrick and associates, recently joint, ly'.reviewed' by council and the Planning and Zoning Board; a copy of the Board's recommendation for approval of the Site Plan and Fact sheet supplemental thereto was attached: to the agenda. Mr. Wiison~ moved to. ~approve said Site Plan as presented, the motion being seconded by Mr. Jurney and unanimously, carried. 9.b. Regarding the report of the Parking and Traffic Committee's meeting of December 17th, the different items were reporte, d and acted on as follows: Item 1. Council was informed that concerning recent' offer from Trinity Evangelical"Lutheran Church to sell its property on the south- east..corner..of ~N.E. 1st Street and 5th Avenue, the Parking and Traffic Committee reports as follows: "It was unanimOusly .agreed that the property of the Lutheran Church. and School was too far removed from the business area to be feasible at this time and on motion made and duly seconded it was recommended .that the offer be declined." Mr. Wilson moved to Sustain the recommendation off,the Traffic and Parking Committee and decline the offer,-the motion be.lng Seconded by Mr. Youngblood and unanimodsly carried. Item 2. Council was informed 'that relative to a recent offer to the City .for possible parking site, Lots 10, 11 and 12, Block 28, with 224.1 feet of frontage on the west side. of N. W. 4th Avenue, commencing 135.6 feet north of Atlantic Avenue, the Committee reports as follows: "The property, offered to the City by Mr. C.' O. Stanley, Jr., on N. W. 4th Avenue, was next fOr consideration and it was pointed out that it was approximately 110 feet from the front door of the nearest retail store to the little used City owned parking lot adjacent to. Sterling Field, while it is some 130 feet from the same store to the nearest corner o~ the property being offered to the City. It was, however, mov~ and -7- 12-23-68 duly s~conded to'.~ecom~end~ this offer be tabled.to allow further study of the bus,ness district needs in this area." Further, Council may authorize purchase of this property for parking facilities, subject to there being necessary funds available, decline further interest in the offe~ sutanitted by the property owner, or sustain the recommendation of the Parking and Traffic Committee to table the matter for further study. Mr. Wilson moved to sustain the recon~endation of the Traffic and Parking Committee that this item be tabled; for ~u~ther .. Study. '~he motion was seconded by Mr. Youngblood and carried unanimously. .It..em 3. City Clerk Worthing informed Council that the Traffic and Parking Conam~ttee also reported as follows: "The Atlantic Avenue traffic situation was discussed by the Committee and it was determined by the members that the one most important factor in relieving the situation was the opening of S. E. 1st Street across the F. E. C. Railroad. It was moved and duly seconded to recommend this 'project be given top priority and accomplished at the earliest possible date." The City Clerk said it may be the pleasure of Council to refer this item to the City Manager for discussion with the new Council at an early workshop meeting in January. The Councilmen were ~n agreement that this item should be studied at a workshop meeting. Mr. Robert F. Stack, Terminal Superintendent Transportation Dept. for the ~. E. C. Railway Company.~ informed Council that the opening of S. E. 1st Street would cut right through the middle .of their piggy-back facility and make that property totally unusable to their.Company as an operation of that kind~ therefore, they would be opposed to the opening of a street in that area. The Councilmen were in agreement that this item should be studied at a workshop meeting, and Mayor Saunders said that Mr. Stack would be invited to that meeting when it was set up. The City Manager was asked to have a study rel~ort prepared for Council at time of said workshOp meeting. 9.c. Regarding a petition by William P. Priest for rezon£ng of some property, City Clerk Wor.th~ng re~orted to Council as follows: "Council, at its meeting of November 25th, referred back .to the Planning and Zoning Board, for further study and recommendat~on, together with pro- posed plans for development, the pet{tiOn for rezoning, o-~ ~ertain lots, namely 14 .and 15 of the Replat of part of Lots 2 and 3, B~0. ck 1, Model Land Company's subdivision of the West half of Section 21-46-43, which original petition dates back to April 15, 1968. Mr. Priest, owner of the l~nd, has no definite plans for' develop- ment of the land at this t~ne, and requests that the l~etition, and any further consideration of same, be tabled until such plans may be deter- mined." Following discussion, Mr. Wilson moved that this item be tabled, the motion being seconded by Mr. Merritt and unanimoUsly carried. Mayor 'Saunders said that he and the remaining two Councilmen should keep" in mind that this item has been back and forth to the Council so many times that when it comes to Council again it should be disposed of one way Or another. lO.a. Mr. James H, Scheifley referred to Agenda Item 8.i. regarding possible annexation of approximately 11 acres of land within Tropic Isle Subdivision area with proposed RM-1 (Multiple Family Dwelling District) zoning, and said the people in that area are confused be- cause they have received notice that on January 2, 1969, in West Palm .B~ach, there will be a hearing before the County Planning and Zoning 'Board to rezOhe that area. He aske(1 why the two actions are going on City Clerk Worthing reported that it is a matter of record in his office that the petition to the County for rezoning of said property has been withdrawn. .. There was discussion about notifying the'people.who had received notices of the hearing that said petition has been withdrawn, and following an offer of the City Clerk to' notify-said 'people, City Attor- ney Adams"suggeSted that it be ~the Co.unty offiCe, that.makes, such noti, fication based on the. actua.1 .facts they, have in their office. 10.a. Hrs. John Gill, who appeared before Council at.the regular meeting on December 9th, with suggested changes to the City's litter ordinances, which she believes may give better control over dogs, asked what had happened?to her request as she had expected to find that item on tonight's agenda. City Manager Gatchel reported that due to--the pressing business on tonight's agenda, and due to his absence from the City for several days since the last Council meeting, he and the City Attorney had not had an opportunity to consUlt on this matter. Further, he believes that serious consideration will have tO be given to an ordinance that will be codified under Chapter 5, concerning animals~rather than just changing a few words of an ordinance that is codified in another chapter of the Code of Ordinances and that he hopes to have something for Council consideration at the next regular meeting. 10oa. Concerning Dempster Dumpster Equipment, City. Manager.Gatchel reported that attached to the agenda, the CoUncilmen received~a' copy of an EQUIPMENt, LEASE which the Administration would like to recom- mend for adoption at' this time.. He said th~t..m~nF hours had been spent on thiS' and the iease rePr'e~en~s.cUlmih~t{0nlof effort~ dating back to last APrll On th~ part of' the City; the Council, Administra- tion, City Attorney, etc, Further, .that ~oncerning rentals, the Lessee shall pay to the Lessor rentals'aggregating $164,660,64 to be paid in 48 equal, successiVe, monthly .rental payments, of $3,430.43 of which the first is due 30 days after acceptance by the L~ssee, and ~hat these figures are slightly below the initial'estimate. The~Cit~ Manager said this Administration recommends, that~ authorization be.giVen to. execute this lease agreement., and also recommends.adoption of Resolution No. 46-68 authorizing entering into a lease agre.ement providing possible future acquisition of certain garbage collection equipment from Sanco corporation without competitive bidding. Mayor. S~unders said the Council and Administration have all been to neighboring cities that have this system in effect, and are satisfied that thel.equipment will not only .give the city muCh bett~r, garbage and'. trash_iplc~up'but will also effect a-saving for the City of ap- i~'~'~.,~~ ~ - proximately'S30,000, a year. City Attorney Adams said that since the City would be ob'ligati~g the C°unCils, to a degree, in the future, and-that St wQuld be worked out legally,.he_ . ... had. con~acted, various authorities, the highest.one being. Mr. Ralph~A..MarSzcano, the' Attorney for theLeague of ..... Munici- palities, .Further,'.. on. page 30f~said EqUipment Lease, under Source' of Payment', %'t reads as £ollOws: ,,It is understood and agreed by the parties hereto.'that_'all payments hereunder shall be chargeable to.. and paid sOlel¥~ out' of Lessee's-cigaret%e Tax receipts in excess of exist- ing...debtlserviCeo It is further agreed that the payments shall never ~e cOns~z~ed as a general, pledge 'of the credit ofthe City of Delray ~each,.Flo~ida." .,. The City Attorney als° said that upon receipt of'the last monthly payment, called for by the'lease-purchase agreement, fuli title and owners~hip of the equipment listedon page l~shall pass to the City of Delray Beach'fOr.thesum of $1.00 also, it is agreed and understood that an interest~ factor has been added to the mOn~y'i'paym~ts but the ~e~s~e shali..have the privilege to.prepay the.full purchase Price with- ~ut pena!ty.'and'~exClUsive Of unearned interest. ._~ Mr. Jurn~yquestioned there being sufficientinsuranc'e c~verage for such equipment, and asked for some idea of what th9 insurance !2-23~68 premium cost would b~ .in comparison to the insurance Cost on the present equipment. The City Manager .said he did not believe i~ would affect the insurance tO a great extent, bu~ that he .would check into same. ~t was ~ointed out. that the present .City equipment is in need of replacement, and that it will take several months for delivery of this new equipment after the lease has been executed. Following lengthy discussion, Mr. Youngblood moved that Council authorize acceptance of the Dempster Dumpster program, the motion being seconded by Mr. Wilson and unanimously carried. City Clerk W6rthing read R~SOLUTION NO. 46-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF D~LRAY BEACH, FLORIDA, AUTHORIZ- ING .ENTERING INTO A LEASE AGREEMENT PRO- VIDING POSSIBLE FUTURE ACQUISITION OF CERTAIN C~ARBAGE COLLECTION EQUIPMENT FROM SANCO CORPORATION WITHOUT COMPETITIVE BIDDING- (Copy of Resolution No. 46-68 is attached to the official copy of these minutes.} ~ See pages 240-L-Q. Also Lease Agreement Resolution No. 46-68 was unanimously passed and adopted, on ' motion by Mr. Youngblood and seconded by Mr. Wilson. 10.~c. There were no miscellaneous items. 10.d. City Clerk Worthing presented Bills for Approval as follows: General Fund. $252,467.20 Water Operating & Maintenance Fund 6,100.70 Water Revenue Fund 40,718.78 Special AsSessment Fund 228.15 Refundable Deposits Fund 1,483.57 Cigarette Tax Fund 29.88 Sewer Construction Loan Fund, First Federal Savings & Loan of Miami 11,330'60 The bills were unanimously ordered paid, on motion by Mr. Merritt and seconded by Mr. Youngblood. 10.x. Mayor Saunders said that he had not forgotten this is the last regular Council meeting for Mr. Jurney and Mr. Merritt, but they do have another meeting on January 6, 1969. The meeting adjourned at 10:22 P.M. R. D.- WORTHING City Clerk MAYOR 2 ~-A MEMORANDUM Date: December 23, 1968 To: David M. Gatchel From: T . E. Weber Subject: ~Insurance Bids After receiving the attached analysis of bids opened at 4:00'P.M., December 20, 1968 for the city's in- surance coverage for 1969 it is recommended that the award be made to Gracey Brothers in the amount of $49,899.00 for the St. Paul Fire & Marine Insurance Company Multicover Policy with limits of $250,000/ 500,000 and including personal injury. The workman's compensation premium is.subject to the experience modification as established by the state rating bureau.' In additio~ all premiums are subject to .audit at the end of each year. This is an increase over last years premium.'of $7,615.00. This increase is due principally to an increased estimated payroll of $160,432.00 for de- termining the workman's compensation premium. Also, the premium last year was the last year of a three year premium for General Liability, Fire & ExtG~ded Coverage, and Automobile Liability. RESOLUTION NO. 42-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH COMMENDING THE SEACREST HIGH SCHOOL FOOTBALL TEAM, .KNOWN AS THE "SEAHAWKS", FOR ITS CONTRIBUTION TO THE COMMUNITY. WHEREAS, the Seacrest High School football team, known as the "Seahawks", has recently completed its 1968 football schedule; and WHEREAS, the successful season resulted in the Seahawks having a perfect record, undefeated and untied with a 10-0-0 record and as a result thereof being crowned Suncoast Conference Champions and District 4 AA Champions; and WHEREAS, the successful season resulted in the Seahawks being ranked sixth among all high school football teams in the State of Florida; and WHEREAS, the City Council of the City of Delray Beach, Florida, wishes to express its pride and appreciation to the Seahawks for their outstanding achievements and the honors which they have received under the able guidance of their coaching staff, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida: That the 1968 Seacrest High School Seahawks are hereby commended for their enviable records achieved in the Division, the Conference and the State of Florida as a result of their outstanding performances which the City of Delray Beach wishes to single out and recognize as an outstanding contribution to the ~spirit of this community. PASSED AND ADOPTED this 23rd day of December, 1968. L ~. M'AYOR /' ATTEST: 2~-D RESOLUTION NO. 43-68. ! ~.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY B~ACH, FLORIDA, REQUIRING PLANS, SPECIFI- CATIONS AND ESTIMATE OF COST TO CONSTRUCT SIDE- WALKS ON THE NORTH SIDE OF N. E. FOURTH STREET BETWEEN NORTH SWINTON AVENUE AND .,N. E. SEVENTH AVENUE, A DISTANCE OF APPROXIMATELY TWO THOUSAND- ~O HUNDRED (2200) FEET. WHEREAS, the City Council of the City of Delray Beach, Florida, may deem it to be necessary for the safety, welfare and convenience of the public to Oonstruct sidewalks, five (5) feet in width, on that portion of Northeast Fourt~ Street lying be- tween Swinton and East Seventh Avenues, as hereinabove described, a distance of approximately two thousand-two hundred (2200) feet, the City of Delray Beach, Palm Beach County, Florida, to share in the cost of such improvement with the owners of lands abutting thereon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Palm Beach County', Florida as follows: SECTION 1. That the City Manager be required to sub- mit plans, specifications and an estimate of the cost of such improvements to be made, and that the same shall be placed on file in the office of the City Manager. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida on this the 23rd day of December, 1968. · /S/ .J..__L..Saunders MAYOR ATTESTs /S/ R. D. Worthing City Clerk \ OOC -. 2~O-E RESOLUTION NO. 44-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, 'FLORIDA, IN HONOR AND DEEP APP~{E- CIATION OF FAY CARPENTER,. WHEREAS, the City of Delray Beach, Florida, recognizes that FAY CARPENTER has been a leader in this community and the general area for several years; and WHEREAS, the following are some of her more noteworthy positions of leadership and responsibility: , BETHESDA MEMORIAL HOSPITAL President of Memorial Fund; Charter Member and Immediate Past President of Women's Auxiliary. ST. PAUL'S EPISCOPAL CHURCH Member of Executive Committee and formerly President for five years. Chairman, St. Catherine's Guild and Chairman of "Kitchen Kwew" for seven years. STATE ASSOCIATION OF FLORIDA HOSPITAL AUXILIARIES 1969 Candy Striper's Chairman and former Chairman of Nominating Committee. CHAMBER OF COMMERCE, Member of Solicitations Committee. CANCER SOCIETY, Past Chairman. COMMUNITY CHEST, Director and former Residential Chairman. DELRAY BEACH HISTORICAL SOCIETY, Director. CHURCH WOMEN UNITED, Past President. PALM BEACH COUNTY DEANERY, Lay Delegate on Division of Missions; an'd WHEREAS, she was recently selected as Palm .Beach County's "Woman of the Year" by the Sun Sentinel newspaper; and WHEREAS, the City Council is desirous that her many accom- plishments be recognized, acclaimed and permanently record.ed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: '1. In honor and deep appreciation of the many civic, charitable and religious activities of FAY CARPENTER which have so greatly benefited the citizens of this community, we hereby commend her for her many unselfish and distinguished achievements. 2. A copy of this Resolution shall be spread upon, and be- come a part of, the permanent records of the City of Delray Beach, Florida. PASSED AND ADOPTED in regular sessio~2zrD~/~e 23rd day of ATTEST: City Clerk ' _ ~ RESOLUTION NO. 45-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH COMMENDING THE CARVER HIGH SCHOOL FOOTBALL TEAM, " GLES" FOR ITS CONTRI- KNOWN AS THE EA , BUTION TO THE COMMUNITY. WHEREAS, the Carver High School Foo'tball Team, known as the "EAGLES", has recently completed its 1968 football schedule; and WHEREAS, the successful season resulted in Carver's "EAGLES" being crowned District 8-B Champions; and WHEREAS, the "EAGLES" continued on through Regional Play-offs defeating: Turkey Creek 34-14 Region 4-B Play-off; ... Eustis 31- 6 Semi-Finals; and Williston 39- 9 FINAL: and by virtue thereof, Carver High School's Football Team, the "EAGLES", was crowned STATE CLASS "B" CHAMPIONS, placing seven members on All-State Teams. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida; That the 1968 Carver High School EAGLES are hereby commended for their enviable records achieved in not only their Division, but. also the Regional Play-offs, '. and their being crowned State Champions in defeating' Williston in the Finals; for the EAGLES outstanding per- formances, the City of Delray Beach wishes to single out and recognize these achievements as an outstanding contri- bution to the spirit of this community. Passed and adopted this 23rd day of December, 1968. WAYOR ATTEST: City Cler~'-~. ORDINANCE NO. 28-68. AN ORDINANCE OF ~THE'CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 10 and 11, ESOUIRE SUBDIVI- VISION, WHICH L~NDS.'ARE.CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, DAVID C. LEDBETTER and FELICE P. LEDBETTER (his wife) are the fee simple owners of the property hereinafter described, and WHEREASi DAVID C. LEDBETTER and FELICE P. LEDBETTER (his wife), by their petition, have consented and given permission for the annex- ation of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in aCCordance with Section 1'85.1 of the City Charter of said City granted to it by the State of FIorida; NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, '~,AS FOLLOWS: ~' SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described parcel of land located in Section 20, Township 46 South, Range 43 East, Palm Beach County,~ Florida, which lies contiguous to said City. Lots 10 and 11, Esquire SubdiVision, a replat of the East half of the West half of Lot 29, and the West half of the East half of Lot 29, Section 20,~ Township 46 South~ Range 43 East, of map filed in Plat Book 1, Page 4, Public Rec- ords of Palm Beach CoUnty, Florida; said property shown on Page 43 of Plat Book 23, Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed parcel of land, and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is here- by declared to be in Zoning DistrictP~-l~ as defined by existing ordi- nances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of DelraY Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of competent juris- diction, such record of illegality shall in no way affect the remain- ing portion. PASSED in regular session on the second and final reading on this the 23rd day of December , 1968. ATTEST: /S/ J. L. Saunders -'MA ¥OR /S/ R. D. Worthing City Clerk First Reading October 30, 1968 Second Reading December 23..1968 ORDZNANC]~ Z~O. 30-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DE~RAY BEACH,' FLORIDA, AMENDING CHAPTER 27 OF' THE CODE OF. ORDINANCES OF THIS CITY BY ADDIN~ A SECTION ESTABLISH- ING SEWER CONNECTION. CHARGES. NOW, BE IT ORDAINED BY TRE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS= Section 1. That Chapter 2? of the.Code of Ordinances of Delray Beach, Florida, is hereby amended by adding new sections therein as follows: '~ "ARTICLE III. Sanitary Sewerage Section 27-28,1. Sewer Connection Charges. In addition to the rates set forth in Section 27-28, there is hereby established a sewer eonnec-' tion charge for each connection, to the City's sew- age collection ~ystem which shall be based on the size of pipe~ as follows: ,S,~.ze Conne, ,ct,ion~ ,Charge 4 inch $150.00 6 inch $200.00 ~'~ .... 8 inch $250.00 10 inch $300.00 12 inch and Over $350.00 Such co~nection charge shall be paid to the City at the time of obtaining a permit for said. connection and shall be in addition to the permit fee. The size of said connection shall be determined by the Plumbing Inspector in accordance with Chapter 21 of the Code. (a) For purPoses of the application o£ the .above- mentioned connection charges, the City shall be divided into two districts: (1) DistriCt No. 1 shall comprise ~11 of the areas presently in the corporate limits of the city, except for that area described ,' beloW. ' (2) The second district shall be known i' as the 'Southeast IntercePtor and Force Main' i ~ District which shall comprise'that a~ea delin- in Zxhibit 1 appended hereto and made a part. hereo f. {b) In those portions of District No. I where sanitary sewers are available, the Connection charge herein established shall be 'applicable to all connec- tions made after March 31, 1969. In the portions of District No. 1 where no sanitary sewers are available, those properties shall not be subject to sa~d connec- tion charge provided they are connected to the sanitary sewer within sixty (60} days after acceptance of their particular/system as operational by the City Council. If any person, firm or corporation obtains a connection permit prior to either of the above deadlines, no con- nection charge shall be made during the life of said permit ~hich shall be thirty (30) days. / collection Page 2. ORDINANCE NO. 30-68. (c) In the Southeast Interceptor and F~ Main District, all improved properties presently ~n the, city as of the effective date of this ordinance shall be charged in accordance with (b) above. All properties located in this District which are improved after the effective date of this ordinance shall be immediately subject to the connection charges levied herein. (d) All properties annexed to the corporate limits of this City after March 31, 1969, shall be subject~,~o the connection charges .herein established and pa~agraphs 0~) and (c) above .shall not be cable to said properties. (e),~: .For purposes of this, ordinance '.improved' property is that upon which a building is located, and for which a certificate of occvpancy has been issued." Section 2. That should any section, or .provisior~ of this Ordi- nance or any portion thereof, or any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, .such decision ghall not affect the validity 6f the remainder hereof, as a whole or any part hereof,, other than the part declared to be in- valid. Section 3. ~at all ordinances or parts of ord.~nances in con- ~ic~herewith be' ~nd the same are hereby repealed. Passed ~n second and final reading in regular session on this the 23r~ day of December , 1968. /S/ ~. L.; SAUNDERS - ' ...... ATTEST ~ City Clerk First reading December 9, 19,,68 1968 Second reading December 23, . · ORDINANCE NO. 32-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH,. LOT §Q~ 'UELRAY BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PaOVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID I~ND; AND PROVID- ING FOR THE ZONING' THEREOF. ~ WHEREAS, JOSEPH M. CHRISTENSEN is the fee simple owner of the property hereinafter described, and wHEREAs, JOSEPH M. CHRISTENSEN, by hiS:petition, has con- sented and given permission for the annexation of said property by the City of Delray Beach, and WHEREAS, .the City of Delray Beach has heretofore been au- thorized to annex lands in.accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, THEREFORE~ BE IT~ ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . SECTION 1. That the City council of the City of Delray Beach, ,Palm .,~each County' Florida, hereby, annexes to said City the followmng deSCribed tract of l~and.. locates' in paIN BeaCh' coUnty,· Florida, whi.ch~ lies contiguous to. said City, to-wit: Lot $0, DELRAy 'BEAcH.SHoRES;"~aC~rding to plat thereof :recOrded'in' Plat Book 23, Page 167 the' pUblic ReCords, of Palm Beach countY, Flo. rida. SECTION 2. Tha~ the BOundaries of the City of Delray Beach', Florida, are_ hereby redefined so as to include therein the above de- scribed tract' 'of land, and' said land .is hereby declared to 'Se'within the corporate limits' Of the city of Delray Beach, Florida. sECTIoN 3'' 'That the tract of land hereinabove described is hereby declared~ to be in 'ZOning DistriCt R-1AA as defined bY 'exiSting °rd~nanCeS of the" city Of Delray Beach, Florida. sEdTiON 4.' That the '].ands hereinabove described Shall' im- mediately become s~bject to all of the franchises., privileges, ties," debts (excePt' the existing bonded' indebtedness), obligations, liabilities, ordinances and laws to which lands in the City of De!ray Beach are now or may bel and 'persons. residing thereon shall be deemed ~i%-iz~ns of the City of Delray Sea'ch, sEcTION 5. That if any .word, phrase, clause, sentence or part of'this ordinance' Shall be declared illegal by a court of compe- te.hr~ ]urisdi~t. io~ Such.recOrd -of illegality shall ih no way affect the remaining portion~ .PASSED in regular :session on .the second, and final reading on the 23rd day of: : December ,,1968.:.. /S/ J..L. Saunde. rs . 'ATTEST: .. ~ .. M A Y O R ¢1ty cler Re di& ' 'december' 9, 1'968 Se .Ond Reading De ber 23,. 196.8.. First ,,,,' ..... - ..... "' - "-"' ORDINANCE NO. 33-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTALN*LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, MARY L. GRANT is the fee. simple owner of the property hereinafter described, and WHEREAS, MARY L. GRANT, by her petition, has consented and given permission for the annexation of said property by the City of Delr.ay Beach, and WHEREAS, the City of Delray Beach has heretofore been au- thorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: The South 100 feet of the North 4780 feet of Section 21, Township 46 South, Range 43 East, bound on the west by the easterly right-of- way line of State Road A1A, (South Ocean Boule- vard) and on the east by the waters of the Atlantic Ocean. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed tract of land, and said 'land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District RM-1 as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4, That the lands hereinabove described shall im- mediately become subject to all of. the franchises,, privileges, im- m~nities, debts (except the existing bonded indebtedness), obliga- tions, liabilities, ordinances and laws to which lands in the City of Delray Beach ~re now or may be, and p~rsons residing thereon shall be ~eemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of compe- tent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on the second an~ final reading on the 23rd day of December , 1968. /S/ .J.L. Saunders ..... ATTEST: M A Y 0 R ./S/ R. D. Wo=thin. q City Clerk First ~eading _...December _9,~.~1968 Seco~d'*Readi~g...'*becember 23. 1968 2~O-L RESOLUTION NO. 46-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~OF DELRAY BEACH. ~LORIDA, AUTHORIZ- ING ENTERING INT0 A LEASE AGREEMENT PRO- VIDING POSSIBLE FUTURE ACQUISITION OF CERTAIN GARBAGE COLLECTION EQUIPMENT FROM- SAFCO CORPORATION. WITHOUT COMPETITIVE BIDDING. WHEREAS, the City Council has received a written recommendation from the City M. anager that Dempster Dumpster Equipment, for Garbage and Trash collection and disposal thereof, would best serve the needs of the City, and that it would be useless to prepare specifications for sealed comDetitive bidding inasmuch &s there is but one company which manufactures and furnishes the type' of equipment desired; and WHEREAS, the City Council deems it in the best. interest of the City to provide for acquisition for such E~uipment pro,fly, ~0W~ .THEREFORE, BE IT R~SOLVED By TH~ CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWs= That authorization is hereby granted for entering into a Lease Agreement, with provision for future purchase of certain Garbage COllectiOn ~quipment from Sanco Corpora- tion, as recommended by the City Manager who deems it to be in the best interest of the City~ without competitive bid- ding as pezlnitted by the Charter and Code of Ordinances of this City. PASSED AND ADOPTED ~a regular session On this 23rd day of Decemberb ,1968 . ~S~.. J.~ L. :.Saunders. . MAYOR ATTEST: /S/ R. D. Worthin~ ~ .~. _ City Clerk EQUIPMENT LEASE LESSEE: City of Delray Beach Address: Post Office Box 2469, Delray Beach, County of Palm Beach, State of ~lorida LESSOR: Sanco Corporation Address: No. 3415 Glenn Avenue, Winston-Salem, County of Forsyth, State of North Carolina Lessor hereby leases to Lessee, and Lessee hereby hires and taxes from Lessor the following described personal property (hereinafter with all replacement parts, additions, repairs and accessories incorporated therein and/or affixed thereto, referred to as "equipment"): 3 - Type DP45/24DB-A Dempster Dumpmasters mounted on (3) White Model 1500 Trucks 19 - 5 Cubic Yard Dempster Dumpmaster Train Containers 5 - 3/4 HD Towing Vehicles Ford F250 94 - 2 Cubic Yard Dempster Dumpmaster Containers 59 - 3 Cubic Yard Dempster Dumpmaster Containers 42 - 4 Cubic Yard Dempster Dumpmaster Containers 32 - 6 Cubic Yard Dempster Dumpmaster Containers 2 - 8 Cubic Yard Dempster Dumpmaster Containers 20 - Sets Rubber Tired Casters TERM: This lease is for a term of 48 months, beginning 19.. . and endin~ 19 . RENTALS: For said term or any portion thereof, Lessee shall pay to Lessor rentals aggregating $ of which $ -0- is herewith paid in advance and the balance of the rental is payable in 47 equal, successive, monthly rental payments of $3~430.43 of which the first is due 30 days after acceptance by Lessee, and the others on the same date of each month thereafter, until fully paid. These payments shall be an obligation of the Lessee's Cigarette Tax Fund as herein more specifically described. PLACE OF USE: The equipment shall be kept at Delray Beach, County o5 Palm Beach, State of Florida, until Lessor in writing permits its removal, and shall be used in the conduct of Lessee's business solely. REPAIRS: Lessor shall not be obligated to make any repairs or replace- ments after acceptance as herein provided. Lessee shall not incur for Lessor's account or liability any expense therefor without Lessor's written consent. Lessee shall inspect the equipment within 25 days after said equipment is placed in operation by the Lessee; unless within said time Lessee notifies Lessor, stating the details of any defects, Lessee shall be conclusively presumed to have accepted the equipment in its then condition. Thereafter Lessee shall effect and bear the expense of all necessary repairs, maintenance and replacements. LIABILITY: Lessee shall indemnify and save Lessor harmless from any and all injury to or loss of the equipment from whatever cause, and from liability arising out of the use, maintenance and/or delivery thereof, but shall be credited with any amounts received b~ Lessor from insurance procured by Lessee. Damage for any loss o~ injury shall be based on the then true and reasonable market value of the equipment irrespective of rentals theretofore Paid or acorued. INSURANCE: The Lessee will purchase and maintain insurance on all equipment during the term of the Lease-Purchase Contract with Lessor to appear as loss-payee as their interest may appear. The Lessee will reserve the right to repair, replace, or pay any unpaid balance to the Lessor at the time of said loss. Lessee shall on request of Lessor deliver to Lessor the policies or evidence of insurance sat- isfactory to Lessor. TITLE: All said equipment shall remain personal property, and title thereto shall remain in Lessor exclusively. Lessee shall keep the equipment free from any and all liens and claims, and shall do or permit no act or thing whereby Lessor's title or rights may be encumbered ~o Lessor by Lessee at Lessee's sole expense and in the same condition as when received by Lessee, reasonable wear and tear resulting from proper use thereof alone excepted. NON-WAIVER: Time is of the essence. Lessor's failure at any time to require strict performance by Lessee of any of the provisions hereof shall not waive or diminish Lessor's right thereafter to demand strict compliance therewith or with any other provision. Waiver of any default shall not waive any other default. Lessor's rights hereunder are cumulative and not alternative. WARRANTY: Lessor offers no warranty on the equipment other than the standard warranty of the manufacturers, which will be attached at the time of delivery. POSSESSION: Lessor covenants to and with Lessee that Lessor is the lawful owner of said equipment free from all encumbrances and that, conditioned upon Lessee's performing the conditions hereof, Lessee shall peaceably and quietly hold, possess and use the equipment during said term without let or hindrance. ASSIGNMENTS: Neither this lease nor Lessee's rights hereunder shall be assignable except with Lessor's written consent; the conditions hereof shall bind any permitted successors and assigns of Lessee. LANDLORD'S LIENS: Lessee warrants that it will not suffer equipment leased hereunder to be subjected to any lien, including that of a landlord. · DEFAULT: In case of any default by Lessee hereunder for a period of 30 days, all sums due and to become due hereunder shall, at the .option of Lessor or any assignee of Lessor, become payable forth- with. Lessee admits the receipt of a true copy of this Equipment lease. In case of any default by Lessee hereunder, Lessor, after notice to Lessee, may sell the equipment or may re-lease the equip- ment for a term and a rental which may be equal to, greater than or less than the rental and term herein provided. Any proceeds of sale, or any rental payments received under a new lease, less Lessor's expenses of taking possession, storage, reconditioning and sale or re-leasing, shall be applied on the Lessee's obligations hereunder, and Lessee shall remain liable for the balance of the unpaid aggregate rental set forth above. - 2 - soURcE OF PAYMENT: It is understood and agreed by the parties hereto that all payments hereunder shall be chargeable to and Paid solely out of Lessee's Cigarette Tax receipts in excess of existing debt service. It is further agreed that the payments shall never be construed as a general pledge of the credit of the City of Delray Beach, Florida. EFFECTIVE DATE: If this Agreement has not been executed by the Lessor and returned to Lessee by January 15, 1969, this Agreement shall be null and void, and both parties shall be relieved of any obligations hereunder. Executed by the Lessee this TweDt¥-fourth day of December 19 68 . CITY OF DELRAY BEACH (Lessee) (CITY SEAL) By: /S/ J. L. Saunders MAYOR Attest: /S/ R. D. Wort~hin~ CITY CLERK (SEAL) Executed by. the Lessor this 10th day of January ..... 19 69 . SANCO CORPORATION (Lessor) By: /S/ C. Max Storey - V.P. (CORPORATE SEAL) Attest:/S/ Norma..B..Bar~er, Ass't. Treas. - 3 - Page 4. ADDENDUM 91 TO LEASE Upon execution of this lease-purchase agreement and delivery of the equipment noted therein, the title for the said equipment shall be made to the City of Delray Beach, Florida and the Sanco Corporation will hold the title certificates to the equipment until the final payment is received. Upon receipt of the last monthly payment, called for by the lease-purchase agreement, full title and ownership of the equipment listed on page one shall pass to the City of Delray Beach for the sum of $1.00 (Including any additional equipment purchased pursuant to Addendum ~2). It is agreed and Understood that an interest factor has- been added to the monthly payments but the Lessee shall have the privilege to prepay the full purchase price without pen- alty and exclusive of unearned interest. - 4 - ADDENDUM 92 Tp LEASE Santo Corporation does hereby warrant and agree that, at the option of the City of Delray Beach, they will provide during a period of nine (9) months next ensuing the signing of this contract any equipment listed on page one, (exclud- ing truck chasis and tow vehicles) at the same price and on the same terms as the equipment purchased, as listed on said page one.