03-28-66 MARCH 28, 1966.
A regular meeting .of the City~ CoUnci, l'ofDelz~y Beach ~,~s held in
the Council Ch~mubers at~8~00 P~M., %+~'thMayor'A1. C. AVery in the
Chair, City Manager David M& Gatchel,'City Attorney John Ross Ad~s,
and Councilmen J. LeRoy Croft, James H. JurneY, Jack L. Saunders
George Talbot, Jr. being present.
1. Ah opening prayer was delivered by the Rev. RObert G. Mo~ey.
1.a. The Pledge of Allegiance to the Flag of the United States of
Am&fica was given.
12. Th~ minutes of the regular Council meeting of March 14th,. 1966,
were unanimously approved, on motion by Mr. Saunders and secOnded by
Mr. Croft.
3. Mr. Irwin W. Kresser, 234 N. E. 17th Street, informed the Council
that following sewer line installations, where 10th through 17th
Streets enter N. E. 2nd Avenue, Shell rock had been placed, and he
feels that these areas should have been black-topped, and asked that
something be done to improve that condition.
Mayor Avery asked that the City Manager investigate this situation
and if Council attention is necessary, that it be br0ught..back to the
Council.
Mr. Kresser referred to a notice that had'been mailed by the 'City
to residents of the City, stating the trash collection dates and re-
questing residents to place garden and household trash at the normal
collection site ~he day prior to scheduled pick-up and'secure same so
as to prevent it from becoming a nuisance to the neighbors.
Kresser said that such.notice had been received by residentS in his
area, but one of his neighbors had P~aced boxes, etc. at the collec-
tion site several days prior to the scheduled pick-up date and they
had blown around, causing a nuisance.
Mayor Avery asked that the City Manager investigate this complaint.
3. Mr. Kenneth Ellingsworth, Chamber of Commerce Manager, on behalf
of the LPGA committee, thanked City Manager Gatchel, also City Engi-
neer Fleming, Fire Chief Gregory and Police Chief Croft and their de-
partments for their cooperation ~nd assistance with the very success-
ful Golf T6urnament held in Delray Beach on March 25th, 26th and27th.
With Council approval, Mayor Avery directed the City Manager,
through channel~, to see that those City employees are commended for
their work.
Mayor Avery said that they had been endeavoring for several years
to get this tournament going, the express purpose being to extend the
season and make a community ~ffort to bring people to Delray Beach.
Further, that the Chamber of Commerce had sponsored this tournament
under the direction of Mr. LeRoy Merritt, President; Mr. Kenneth
Ellingsworth, Manager; Mr. Ed Galloway; and Louise Suggs, and that
the number of people attending said tournament had far exceeded their
expectations.
Mayor Avery Suggested that a resolution of appreciation from the
Council be written to the Chamber of Commerce and all the peoplein-
volved for the tremendous community service that they performed with
said Golf Tournament. It was so moved by Mr. Jurney, seconded by Mr.
Talbot, and unanimously carried.
Mr. Ellingsworth asked' that the resolution be directed to the
Co-Chairmen and they would Pass it on to the Committee. (copy of Resolutio
No. 17-66 is attached to the official copy of these minutes.)See
4. A roll call showed the following Civic Organizations and repre-
sentatives to. be in attendance:
' Beach Taxpayers League, Inc. ~. J~ W~tson Dunbar
Chamber of Commerce Mr~ Kenneth Ellingsworth
Breezy Ridge Estates Mr. Jo~m Sword
3-28-66
5.a. Mr. Croft referred to a hazardous condition on N. E. 7th Avenue
at 3rd Street caused by rain water z~ing east on 3rd Street from
6th Ave~nae; that Mr. Gus Hartman~ a resident of that area, had com-
plained about same, an~ had also stated that the water from the car
wash on 6th Avenue adds to tha~ problem.
Mayor Avery directed, the ~ty ~anager to i~9~stigate this problem.
5.a. Mr. Jurney informed Cou'noil %~at he h~ received calls concern-
ing the condition of N. ~-o 3rd ~%V~hUe from the new lift station north
to 22nd street, and other streets in that area,
Ci,ty Manager Gatchel informed ~ouncil.. that this is a portion of
Area 10 of the Sewer Project, and 'from the lift station northward,
they have had to re-contour the road, which has to have a sufficient
time to-settle. Further, that the streets in that whole area will
soo.~.~ be. resurfaced.
Mr. Jurney asked if a water tr~k could be used to wet the sheil
rock to settle the dust, and City Engineer Fleming said that could be
5.a,. Mr. Saunders informed Councik ~at he had passed the Telephone
Building on S. E. 2nd Street after a xain an~ had observed water
standkng in front of the building, and ~uestio.ned~whether the ~rainage
job in that area had been completed.
City,Manager Gatchel repo~ted 'that the.area~directly in fro~t of
the Telephon. e Building had not been worked on, b~t that ~he storm
sewers had been installed; further, there deeds to be some. res~ping
with asphalt to take care of the shallow pUd_d/es.
6.a, city Manager ~atchel informed Council that Principal Ralph
Bi~e .of. the Trinity Lutheran School re,eats, pex~ission to use the
gNx~nasi~m and stage at the Community Centaur for ~ evening of Thurs-
day, May 5th,, for holding an operetta by-th~ children of the` ~,chool.
Further, it is. expected that this ~oduct!gn ,Will be attende~ );y a~-
proX/matel¥ 400 parents, and the 'g~as!u~,, ~ determined tol be
available for that evening, it is rec°mme~d ~at, the request be
granted.
Mr. Croft moved that the City Manager be authorize~ to grant said
request, subject to his usual restrictions and rep~lationso The
motion was seconded by Mr. Talbot and carried unanimously.
6.b. City Manager Gatchel informed Council that th~ Kiwanis Club and
chamber of ~ommerce are sponsoring the JUNIOR ART LEAGU~ 'S ANNUAL
SHOW and ,~or that purpose desire the 'use of the Communi_ty Center's
gymnasium on April 14, 15, 16 and 17th; further, the desired facili-
ties being available on the dates requested, the Director of Recrea*
tion concurs with his recommendation that the request be granted. It
wa~_ so moved by Mr. Saunders and seconded by ~r. Talbot.
Mr, Jack-Dugger of the Kiwanis Club asked that an ad~itional day,
April 13th, be added to the request, and the addition was accepted to
the motion by Mr. Saunders and Mr. TalbOt, and upon call of roll, the
motion carried unanimously.
6oc. Regarding consideration of bids received for construction of
six 4-inch test we!la, City Ma~,ager Gatchel 'reminded the Council that
this item had bee~ presented at their meeting of Mar~ 14,th, and de-
ferred for.~fur~er ~,t~dy,. ~urther,. ~t~,.~t the Consultiag ~ng~neers
recon~e~d~ a=c~P~'~,=e O~~ the ~.~i~.qu~i~ed' bid of'alsa~ Df~l~.ng, Znc.
in .the a~t of $4~1~2,00 for c0na~ruct~on of the. test
Mr, Sa~n4ers ~,~v,,9~ to accept the re=o .mm_ ~ndation, of th9 '~:~sulting
Engineers~ the motion being.seconded by Mr,. Talbot and car~d unani-
mous ly.
6.d, City Manager Gatchel informed Council that the te~ of office
for Civil Service Board member Mr. King' Cone expires o~ April 1, 1966,
and that CounCil should provide for this membership representati°n on
the Board for a 4-year term to commence on April 1, 1966.
-2- 3-"28-66
Mr. Talbot~ moved t~t. Mr. Cone 'be reap. Pointed' for anotl~er 4-year
term on the ~ivil. Service Board, the~"'.motion bei~ sQ~onded'by Mr~
Jurney an~ unanimously carried.'
Mayor Avery asked that in his letter of~ aPpp.int~ent, Mr. Co~e be
commended for his years of s~rv~ice on said
6.e. The City Manager inf6rmed 'Council tha~ Mr. '~'Jesse Daniels has
applied for a Certificate of Public '~" .i '~ ~' '-.' "'
Convenience, which~, if'granted,
would permit him to place a taxicab i~' operation from' 702 'West Atlan-
tic Avenue, said 10~atiOn.~_eing~ ~in an 'area properly z6~ed (~2)' for
such function. Further, in complian~e?with'Chapter '26 of~ th~' Cs~e of
Ordin~nc.es, Council Should declare a~ubl~c ~eari.n'g ~o be held on said
application at the ~ext regUlar CoUncil meeting and dir..ect'~t~e C~y
Clerk to provide all legal advertisements and notices ~
.with rec/uirements set forth in said Chapter 26.-
Mr. Talbot moved that the City Cl§rk'be &Uthorized'to Comply 'with
Chapter 26"0f the Code.of Ordinances, the motion being seconded~y Mr.
SaunderS and unanimously ~arri~ed.
6~f. Regarding authorization, for providing an 8" wa~ter ~ain~'~extension
on North Federal Highway, ~ity Mana-ger ~atdhel reported to CoUnci'l as
follows~ "To supply adequate water ~main su~ly'~ line~ to' serve" lands
on North.'Federal Highway, now in t~e. City, as well as additional pro-
perties adjacent thereto, now. in the /~oces~~ of annexation,' there'
follows the recommendation o~ the Ci'ty Engineer:
'It is. recommended that an 8-inch water main be extended~' south-
ward to' reach these properties fro~ the intersection of ROyal
Palm Boulevard, approximately~ one thous&n~ f~et north thereof.
This line wo~ld lay along the utility s~Tip"'between the?side-
walk and ~avement on t~e" easterly~ side. ~ the~Fed~ral Highway
(US. 1). 'The 8-inch size is recommended as the minimum size
' adequate to provide fire protection for this lo~ation,' and
as an ample su~pply of wa~er for any future annexation
this 'line. ~
The estimated~'cost of this constructio~ is about' $4,7'5'0. It
is not contemplated that a charge would be made to the cus-
tomer for' thi~ main extension, due to"the 'fa~t'~ t~{at it' ie
far more than adequate for their needs ~an~~ w~l~l'~l~rovide one
leg of a future loop to be brought across 14th Street when
necessary. ' ~
No add/tional fundS,are neqessary for this prqjeCt as there"re-
mains an unencumbered budgeted balance o'f $g]~512;~. in'. ~'Transmission
and DistributiOn' account 915-~40~'645; howe~er~, cdu~oil app. ro~al for
such water main exten'sion is requested-~"'- "-'
Upon being informed that an .~, water main is of sufficient' size
in that location, Mr. Saunders moved that the request'be granted,
the motion being seconded by Mr. Talbot ~d u$~.animously carried.
6.g. Regax~ng proposed Change b~er~.Nos. 1 and 2;' relating to' t~e
contract.with H &'S Constructors,- da~e~ July ~16, 1965, Cit~ Manage.r
Gatchel reported' .%o Council as follows~ "Proposed Change 'Order No.
1, affecting the Sewage Works Pro~eCt contract, for 'Area 19', with
H & S Constructors, is attac~ed ~ereto anal covers added"costs 'Of
miscellaneous items for ~xt~&'~ work'i~cUrred at Lift Stations 19 and
1PA, which items are set forth in Appendix 'A', attached to said
Change Order and forming a part thereof.
These additional items, cost of which is $t, 726.03, became .neces-
sary primarily as a result of ~haV~n~· .to~ shi~t the locatio~s of these
stations to conform to existin~ SUb-su~faC~.struetures and '~nder=-
ground conditions. 'In addition theretO; .se~e~al' sm~l!"convenienCe
items were constructed a~' desired~ by the City's Sewer Superintendent.
-3- 3-28-66
"Proposed Change Order No. 2, affecting said Sewage Works Project
contract with H &. S Constructors for !Area 19~, covers cost in the
amount of $1,039..30 for a sand "Seal prime coat over the full width
of Andrew~ Avenue, Southwaya~ Harbor ~ourt. Cres~ood, Harbor and
Island Drives.
This additional work was' d~m~d to be .in the beS£ ~erests of
the affected area in order to provide a good, useful street over
those rights~, of-way during the interim period before the final full
width paving ~9. perations were undertaken.
Council approval of Ohange Orders l~s. 1 and 2 is recommended."
Mr. Talbot' moved to approve.Change Orders .Nos. 1 and 2 as recom-
mended, the motion ~being seconded by Mr, Croft.
Mr. Daniel Neff, Project Manager for Russell & Axon, Consulting
Engineer-s~ explained ~the small changes covered_ by said change orders,
and informed Council that at times, he had.to make im~ediate decisions
on these small changes in order to keep the j~b progressing, and did
so after conference with City personnel and Councilmen.
It.~as P0ir~ted out that the major portion of the cps~ approved in
Change Order,So. i was for sups.lying underground electrical service
to Lift Station No. 19.
It,-was also pointed out that Change Order No. 2 results in no
increased cost to the City, as 'the prime Street coating is being put
on under' the .sewer contract instead of .the.,paving contract..
Following lengthy discussion, and upon call of roll that Change
Orders NOs~. 1 and 2 be approve~, the .motion carried unanimously.
(Copy of Change Or,ers Nos..1 and 2, relating to the contract with
H & S Constructors, are attached to the official copy of these
minu~e~, .) See,pa~es
6.ho Concerning proposed Change Order No.. 3, re~ecting final est~-
mate and acaeptance..of H & .S Constructors~ completion of contract for
~rea 19 of the Sewer Works Project, City Manager Gatchel reported to
Council as follows=' "Change Order No. 3, relative to H & S Construc-
tors~ contract dated July 16, 1965, .is supporte~ by. Appendix ~A' re-
fleeting, in detail, final cost reconc~-liation .of all differences
between the-'As Built' quantities and the ~Bid' quantities, amounting
to $6~ 176.88.
~..Said Change Order No. ~, further supplemented 'by _ ' ~inal. Estimat~
No. '6' ~n the amount of $21,513.48, attached ~ and forming a_ part
thereof, reflects .the Consulting Engi.~eexs' recommendation for final
acceptan~e..o.f, and_. payment~ ~for, said.=omp~et~ed .~ontract. This has
bee~.=hecked 'by our 'Cit~ p~=sonnel,' Cit~ Attorney as to form~ there-
fore, the pleasure of Council concerning Change Order .No. 3 is re-
quested at this time."
Change Order No. 3, re'latt~g to the 'contract wi~h H .& S Construc-
tors, was unanimously approve~ 'on.'m~on by~Mro Talbot and seconded
by Mr. Saunder~s~. (Copy of Chan~e order-No~ 3~ relating to the con-
tract with ~ & S Constructors~.&s at~ached ~o.the. official copy of
these minuees~) See pa~es,
6.i. Concerning inter-depaz~mental '~ transfer, the City Manager
informed Council that authorization is recluested for transfer of
$5'50 o O0 from the Police Department' s account 910~910-105~. ~:~: Parks
and Recreat~',account 910.?~0-605~. further, that. such ..~ are to
be used for conStruct'~ and installation of a chain l~4~-~nce be-
tween Know.les Paxk and ~leetwtng ~4ariru~? wll&~h improvement Council
Mr.- Jurney mov~ ~t- ~Nfn ~a~ ~of funds be, au..thorized, the
motion be£r~g seconded.' by~ .MX~.' Sa~n~er~ 'a~ ,unanimously carried.
7.a. City ~CIe~k Wor~g'.~xese~ted'.~he, ~..~ollowi!l~ ret/rest from Mr.
~Leo Lamo%lreux, Jr.~ v'.~ce Pres.i~ent~mf: ..~./~feAmbulance Service, Inc.,
307 DeCarie ~t=eet, Delray Beach~
has ~ean suggested ~is' =ec/v~s.t he..~e~e=r, ed ~D. the~ ,=it~ ~er.. for
stud~ ~and recomme~a%ion, t~. 'CO~/~oil .as sOon ires possible inasmuch as
-4- 3-28-66
the services now bein~ ren~e~ed~"by ~'e~a'i ~omes are understood to
terminate on or b~fore ~Ju~e I¥ 1966--'~ - ~: ~
"I ~ Leo L~reux, Jr., a Patro~an for our Ci~ of Delray
Be&ch and I ~ very much interested in ~ulance
hae come to my atte~ion ~at ~ne~al homes' in the~Sta~e have
~cided to go 'out 'of ~e ~ulan~ .se'~ice business in the~-
areas in which ~ey o~e~te. I hav~' t~s ~st w~k, ~alked
to'both 'scobe~irelan~-Potter' and~~ 'L~e-B~ione' funeral
homes here in'Delray B~ and they'have advise~ me ~hat
they have pla~ to wi~aw thmir
l
My father, Leo L~m~reUx, Sr., .~d myself ~'e~i~~ the p~uess
of starting a comply in this area. ~e services ~uld cover
Delray a~-d parts' of~the County. - ~
I ~uld l~ike to a~ the City Co~ncit~'~o co~sider grating to
us either a ~ntract or ,the FranChise for ~the city.,"-
The se~ice of Life ~ulance Se~ice'Inc~ ~uld ~ o~ call
24 hours a day. In ~he later days we pl~ 'to go into t~
rescue coverage-which may help %he city ~n lifting ~ork load.-
~e ~arS to be Used by the' company, will be ~11y e~ipped
all t~es. We will give the city clerk a 'c~py of ~e e~ip-
m~ 'that Wi~l be ~ired to carry in each car 'at all times,
and a copy of the ~les and re~lati°ns cove~ng the comp~
and the men who will be operating these units.
~ing the C~uncil for its t~e, and-hoping to ~ fr~
' ygu~"
Mayor Avery said there-had been'contac~ with the ~ers of the
local f~era% homes Concerning ~is '~d there iS ho.need fo~ ~e
public ~ be ala~ed ab~t th~ withdrawing ~eir se~ices
~ul~ce se~ice can be supplied; further,, it ~s their~-reco~enda-
tion t~t ~ey 'be giv~ ~ op~rtunity ~o c6nsult with the City
~ager on this it~ as they have some IdeaS'cOncekning
~. droft moved -that .this .'it~ be ~r~ferred~' to the City~.Manager
for study. The motion '~s seconded~ by ~, ~ ~ey and Uar~ied ~ani-
mous ly.
8.a. City Clerk Worthing presented O~I~-NO. '20-6~.
~' 0~~ OF ~. CI~ CO~CIL OF ~. CI~
OF DEL~Y BEA~,"P~RI~, ~NG ~
CITY- OF' DEL~Y B~ ~RTAIN ~,
L~ 6, SECO~ ~DITION TO HIGH AC~S,
~ IS CO~IGUO~ TO E~STING ~ICIP~
'' ~ LI~S OF SAID ~;-~DEFINI~ ~ BO~--
DARIES ~OF SA~-~ TO ~ SAID
' PROVIDING ~R '~ RIGHTS ~ 'OBLI~TIONS
OF-"SAID ~;~ A~ PR~Di~ '~R ~. ZONING
T~OP. (1714 ~e D~ive)
(Copy of Ordinance No. 20-66 is--attached to the official ~py
'these 'minutes. ) See pa~e 8~-N.
There being no objection to Ordinance No. 20-66, said OrdinaRce
was ~an~usly-passed ~d adopted o~R ~ie. ~ohd ~d. finaI reading,
on mo~ion'bY ~.' 'Croft ~d seconded':.~.
8.b. ~e City Clerk~pres~nted O~I~ NO. 21~66. "~
~ -5- 3-28-66
AN ORDINANC~ OF THE C~TY COUNCIL OF THE CITY
OF ~DELRAY ,~C~,, A~ENDING ~H~TTER 5 OF T~E
CODE OF ORDINAI~CES OF SAID C!TY'TO PROHIBIT
- CATS FROM RUNNi~(~ AT LARGE, DEFININ~ ~AT
LARGE" AND PROVIDING FO~ IMPOUNDMENT ~ -
(COpy of Oral/Hence No. 21-66. is attac~ed tO the official copy of
these minutes.) See page
There being no objection to Ordinance No. 21~66,.,said 'Ordi. nance
was unanimously passed and adopted on- ~his second and final rgading,
on motion by Mr. Talbot and~ seconded.by Mr. Jurney,
8oc. City Cler. k. Worthing presented ORDINANCE-NO. 22-66.
AN ORDINANC~ OF THE CITY COUNCIL OF ,T~E 'CITY
OF DELRAY BEACH, FLORIDA, 'PROVIDING FOR THE
ENCLOSURE OF SWIMMING POOLS WITHIN T~E CITY
AND PROVIDIN~ FOR PENALTY FO~ ViOLATION.
(COpy of Ordinance No. 22-66 is attached to the official, copy of
these minutes.) See pages -- 8~-Q-8~-~,
Mrs. Lynn Stieglitz asked if this ordinance applied to swimming
pools b~t.i'~t-prior to 1961 and 196l, and what"the purpose of this
ordinance .is at this time.-
City Attorney Adams said ~/~at the, intent of the ordina~.is to
cove~ h~retofore b~i,lt and hereafter built pools, and givee~-~,he owners
of the pools built prior. :to ~this time-,sixty days to comply with the
ordinance after it becomes effective.
Mrs,. Stiegi-itz said' she thinks this is a-very good ordinance,, but
does not. believe it covers enough, and questioned the ~ossibil!ty of
including the fencing of canals. The City ,Attorney reporte~ that
most of the-ordinances he had read ha~ specifically excluded the
canal Side of a home from being fenced~
Mr~ S.aun~e~s moved that Ordinance No% 22-66 ~,~,..passed, ~n4:.~ a~pted
on'.~th~s -secc~nd and fi-hal- reading, .the 'motion beinq ~seconded
Jur~ey.
Mr. Talbot:~;s&id that he w~d like to have Mr. AK~
ments on~O~,r~t"~e' No.. 22-66,~ to whether it is adequate, inade-
quate, ~fair~o~,;~rn~a-iw, and if it can .~,~ ~,proved upon.
Mr. Smith infoZ~ed the Council that he had written to the editor
of Swimming Pool Age and expects to hear from him very soon; f~rther,
that he has had personal contact with a man ~.in. California concerning
a swimming ~ool ordinance, and that one of the basic problems is to
give adequate-p~otecti~n~, '~u~ n~t penalize the owners.
During comments, Mr, Smith 4~e~ti~ned a new t~pe of pool cover,
and stated that as of to~day, .g,m~ornia ham not acuepted same in lieu
o'f fences, but they are .sti~tt ~ing-on~ it; and he will be advised
-'when it is perfected to the~'r. ~etis~a~tion,~ -
Concerning canals, Mr; S~th informed Council' that Some areas
have passed ordinances requesting tha~, every so many feet a ladder be
-installed th~2 ,wou,id permit a person -t~ get, out of a canal if they
fell into sam~; whiCh~ould ~e:.. some ,measu.~e of pr°te=~ion.
Upon call of roll o~ the n~om that Ordinance No. 22-66 be passed
and adopted, the motion ca'rried~nanimously.
8.-d. The City Clerk presented ORDIKANCE NO. 24-66.
AN ORDINANCe_ OF'-T~ ~,CITY.~COUNCIL OF .,T~E C~TY
OF DELRAY _B~#': FLORIDA, aI~XING TO .~-CITY
OF D~LRAY BEAC~ CERTAIN LAND., NAMELY. THAT ~'ART
" ..... OF THE NORT~ 165.27 FEET OF THE WESTERLY 189.50
FEET OF~ LOT 5 ~ ,HARRY' SEEMILLER S~BDIVIS ION
- 6- 3-28-66
,81
LYINg. EAST OF U. S. No~ ! (FEDE .RAL,_H~ig¢~Ay)
· .WHICh-LAND IS~C0NTI. G~ .U~J~ S TO E,~. STING. ~.MU~,ICI-
PAL, LIM~T~'.,OF .~S~ID. C!TY.;-~ ~!~ ~ ~Q~-
~S 0~' ~ID C~ TO ~ SAI, D .~ PR~
VIDI~--~R -~ .~S- ~D. QB~iGAT~ONS OF .SAID
~D; ~ PROVIDING FOR T~ ~NG ~OF.
_ ( 1247 North. Federal .Hig~ay
Ordinance No. 2~66 ~s unanimously Rlaced on first re~ng, on
motion by ~. Tarot. and seconded by ~. Saunders.
8.e. City Clerk Wort~ng pre~ent~. ~O~I~- NO. 25-66.
AN O~~ OF ~ Ci~.. CO~CIL OF.~ CITY
OF ~L~Y B~, F~RIDA, ~XING TO
CI~ OF DE~ ~. ~RTAIN ~ ~Y
L~ 8,.. ~ IDA. ~OR, ~I~ ~ND IS CON-
TI~OUS TO E~STING ~ICIP~ LI~TS ~F
~D CI~ TO ~CL~ ~ID ~; PROV~ING
FOR ~. RIGHTS ~ ~LI~TIONS OF
~; A~ PROV~ING FOR
(810 N. ~. 4~ Argue)
Ordinance No. 25-66 ~s unan~oust~ placed"~n first reading, on
motion by ~. Croft and seconded by
Board held a public he~ing on t~ re~t for rezgning of certain
l~ds, described by metes ~d bounds, ~ referred to said Boar~ on
Jan~.24th.-by ~cil. ~is pa~rcel of land., ~th 290 feet of, front-
age on-the south ~ide of.S..W. 10~ ~trg~t~ 450_ feet in depth, lies
approx~ly 192 .feet east of pr.~osed State.~ad
The,~a=d's report, ..as a result 'of ~s ~p~!ic he.lng' and.' ~rther
study, was atta~ed to the..Agend~ ~d reco~ends the. rezon~g re.est
be g.r~d,, to also' include
t~ng :wes~ard .to p=o~sed, s~te Road I~95, being :ap~r~ately
192 feet wide, as previously referred to, less ~y right-0f~way of
reoord..' ....
.Co~cil may ,d~y or sustain the P~ning/~ning Board's reco~en-
dation."
~yor Avery asked: "I~-~ey sustain.. ~e r~o~dation, ~en at
a later date. the-.~ro~er or, in.ce ch~ge will be pres~ted?" City
Clerk Wo~hing. sai~ ~at was' tx. ce. ..
~. ~roft th~ moved: to. ~stain ~he Fec0~endation of the _Planning
and Zoning ~omr~,- the motion being seconded by ~ qurney .and unani-
mously carrie~ .........
9.b. -.City .Olerk Wor~ing i~fo~ed ~uncil .that the. peti.~.0ner ~or
the rezoning of a portion of. Block 164 from R-3 ~, C-1 classif~ation
~d. re~ested defe~t of .said it~ unt$~ the next re~lar Co~cil
meeting,
I~t~ 9.b. ~s ~imously~ ~erred.~ r~ested, o~. mo~ion by
~. croft and.seconded b~ ~.. ~urney.
9.c. ~e City Clerk ~fo~ed ~anc.il .th9t:.the'Pla~ing/~ing Board
held a p~lic hearing on ~rch iSth, as previously ~rected by
Co~cil, concerning a petition fgr'rec~ss~fying Lot~ 3 ~d 30., Block
12, ~11 Park, fr~ R-2 (One ~d ~o F~ily ~elling District) to
R-3 (Multiple .~ily ~:ll~g District) wi. th..approvgd conditional use
of said land~ for a.-~Me~l~ ~%& ~r.~er, . that--:the Pla~ing/
~ng Board =eco~ends t~e peri.on, bm g~an~d, ~d if their recom-
menda~on is ~st~ne~ ~'~.,o~e~ is a~i!~le for first reading.
~e reco~t.x~ .o~ %~'~n~ang-Boa~ were unan~us y
sustained, ~ motion b~ ~. ~t.~and seconde4 by ~. Croft.
-7- 3-28-66
. Mr. Art smith poihted ou~ that ~h_.~ request for rezoning also in-
cluded an approval'_.~or pe'rmi~ ~e 'bn sat~'~ land~ and that the
Board felt i't wo'a!d he '~ssihle' 9o ~r?~e ~a U'9~onal use when
they had s~en n° ~lot ~1~ O~ 'the ~¥~ents~ '~fore, they
Co. end ~at the 'zOai~ be c~'~' ~t"they do not ~nt the con~-
tional use a~roved as ~hey. haVe not ~%'~ the facilities ~at are to
go on the ~and.
City Clerk worthing th~. presented O~I~ NO. 27-66.
a~ o~~ o~ ~ c~ CO~C~L O~ ~
LOTS 3 ~d 30, BLOCK 12. D~ p~ S~DZVIS~gN,
co~=T~o~ use oF ~D ~ AS A' ~D~U ~.
City Clerk Worthing pointe~ o~ that -said Lots 3 and 30 are adja-
cent to t~ sev~ '~Ots recently rezoned to R-3'wi~ conditional use
for a medical ~center a~d fo~ 'a pa~ of the ar~a propose~ for said
use by D~. Pa~l D~ck.
~yor Avery ~ent~= "~tl~en, if 'it ~e ~ur pleasure~ the
~air would reco~end, if you place this on 'first reading, there be
a StiPulation that the re~lts of a conferences' wi~ the 'P~a~ing/
~ning Board state, on ~e final reading~ w~ether ~t is in conflict
~ their rec~en~ation or in approval ~th ~eir re~endation."
It ~s so moved by .~. Sanders. ~ motion ~s s~Conded by ~.
Ju~ey ~d carried un~i~ely,
~.d.. ~e City Clerk' Board
revi~ed, at ~ncil ~ certain
easy.ts and portions ~d
reco~end ~and°~ent' of the "E°~ ~ 'sou~ half
Of ~%eaue "D", and the ~ (2)' tan al~S ly~'~'g' w~hin
B~O~k 16~of Del-~ton Park.
~oi1~ing dis~ss~on, ~. Saunders m~ ~at the P'l~g/~ning
B0ar~s report relative to the ~ando~t 0f'~e~entS ~e. accepted.
~e motio~ ~s seconded by ~. Ta~ot'~d carrie~
C~t~ Clerk W6rthing th~ pres~ted ~S~0N ~.
A ~SOL~ION 'OF ~ CI~ ~CIL
F DEL~y B~, ~0~, 'VA~' ~:~':~Na
ONI~G ~RTAIN EA~G ~'~~ ~F
(~py of Resolution No. 16-66 is attaohed ~o the o~uial copy of
these minutes.) See pa~e 8~-A.
ResOlution No. 16-6~ w~s ~im°usly passed and, adopted on
first a~d final reading, on motion by ~. T~ ~d. Seconded by
C~ft.
10.a. COnceding a re. est for s~er se~i.ce to propert,~ ~tside the
City, City ~nager ~tchel r~nded. ~iI ~t at~e~= last reeler
meeting~ ~ey had t~led the petition for s~r semite to the Dr.
Victor AlfarO 9~°~erty, adjacent' %o ~a .orth'o~ ~e ~f!zo-~A~art-
merits on soUth a'h~. S~it%e~.b~ At~ey J~: w~'N~;~nd~ date
of ~rCh 7th,' 19~~6,.
Mayor Ave~ relin~shed ~e gavel to~i0~yor C~o~t, ,and moved
that the re. est be de~ for. t~ use as re~e.~d. ~% ~ot said
~at he ~uld second the motion if the-maker agree-
~le to includin~i: his ~ion that the
the-petitioner on
~ ~eSent Use. the ~tion.
and' ~poh call o~
-8- 3-28-66
10ob. City Manager Gatchel reminded Council that on September 13~
1965, they had authorized the Consulting Engineers. to p.repere a rate
study for the nan. riling 0'f SeWage from ~erta~'n tOWns to the north of
Delray Beach, and the Sewage Disposal Rate StudY] prb~jec.,t %6655'-B
has been Completed,. reviewed and appreved by the City.~s local Project
Manager of the CpnsultiDg Enginee~rs, and copies had be.e~ furnished
each Council member'. Furthest that acceptance' thereof .i~ recommended,
together with authorization for entering into negotiations wi~2~"the
areas reflected therein.
The City Manager continued as follOws'~ "Sin~e the preparatio~ of
this rate study, and submission to Council, along with a map as an
addenda to the stud~, the thinking has cha~ged f~o~ the map, as de-
scribing the~ force· main coming into the ~ity from our northern City
limits on Ai~' and then pro~eeding down Be~ch DriVe and thus along
Andrews Avenue to Atlantic Avenue and to ~our outfallo T~he change is
that the force main will com~' south on AiA and proceed down AIA di-
rectly to. the outfall line at Atlantic Avenue, w/~re it will ~Y~ into
it at that location. That':is the only change that has developed
~ince the. submission of this' report."
Mayor ~very said that in accepting the. Sewage Rate Study, such
acceptance would be approving -the plan whic~ would send the force
main down the west Side of AiA and directly into th~ outfall.
Mr. Talbot reminded Council that City Bngineer Flemin~ has sug-
gested the installation of the force main at the time the State Road
Department cuts a '~itch on A1A for drainage ~ur~oses in ~onne~t~on
with the be&ch erosion.pro~ecto. '". ' .
[c~U~i, l"'th.a~ t~e Contract.be haS. given, them' to studY ,regar~ing,'i
]seWage ~ispoSal'.ifor the. three communities to. the n~=th
'tract that"'h~aa been studied for two' Years and worked, o~t' ~et~e'e~' th~
Tow~ of Hiaieah and North. Miami under the same circumstances~ ' f~rther,
'thjat '.the rate sch.~d.Ule is something d~fferent; being..a~gui'd~, ~or, .~he
Counci'.!~ i~ their ~g0ti. ati~nS' With the other =o~muni=ies.
.Mr° Ta.lb0.t asked 'M~..-l~eff: ..'~The yearlY cha~ge ~ '~he amortiza-
$i, 0~ .Per galXon~ge'."Chh~e?." ' ' - ...... .
.,~? ..Neff' replied= "~.The source of the yearly cha,.rge a~ ..the am0r-
ti .,za~p~'' wa.s the Ca~itai~zed '~ost' of all .the portions 'o'f th®. ~e'lraY
BeaCh, s~er.a, ge "~utfall 'syS'te~ 'that W~ll be. used t~ Pu~'~,the
from ithe n6rthern communities out '~6 s~a. 'We. f£gure~.t~? v~lue Of it
~nd the capitaliZ~d'~O~t,~and the"rat~s"are in ~wC parts~ one As a
'fixed charge tp,pmpr'ti,ze the capitalize~, cost of .the port~0n o.f the"
s~r System Wh~ch'wi,ll ~e ~s,e~,. Whi'ch the people 'of Delray'BeaCh
have. b~'l~ '" The' other is ~[:~n ar~nUa1. charge .per "~.:Ilonag. e~, which will
he..sub~e~~ ~o.-re,,,~_eg0~ii'at~0n 'as inflat~i..°n Or other fact°Cs chah'g~ the
"~011Ow~ng dis.cus.S~$'.On ~n the two marts of the rate sched~!e,, Mt.
ot ,... " '
Talb .. com~ente~ as'f0ilo~s: It was disCUsSed that' ~f and When'.~his
goes %hr0~g~, there' would be certain l'ift sta.~ions that would-~ed to
be taken .care of i and. yo~.wo.u,l~ perhaps, unleSS d~fferent..arr, ang ..ements
were mace;' 'ha~e.'one SyS:t.~'U~der ~wo management~', ~'~o Spea~o
would ,lik~ to haVe in the recor.dS in some manner .that Kho~gh~. be. ~iven
to'- i.f.an, d'.when this goes t,.hro~gh - that th6 City of D~lr~y' ~eauh
,.o~fer a ~ain~ena, ee and,a' se~vi~&"c'Ontra~t coy&ring.' ~el e~enS/es PlUS
a ~eaSo~abl~'~r0fit 's~:'th~.t' you .W~"have a Se~er' that' wa~' ~nuer'.0ne
m'a~n~enance force? ' ' ' '
· ' Mr.".T.'alb~t: t~n ~°v'eU that the rate sched~.Ie' be 'a~;0vea~and all
underst .a..n,-dS. it~ '~he council wall not be approving a"final..oo~,traclt,
bu~. jus~t' a'uth0rizing the Administration to cOntact' 'the Cow. Un,tie'S,
and :the' final contracts. Will come back t0 Counc'i! for appro%&~. [. The
motion' ~wa-s! 'SeC0~ded by Mr~ Jurney ana carried U"anim0~usly.
=.ices a,t the bed=h, together Wi~h City assista~e .in'Pr, evi'd,$, ng.for
..i . ', -: .'.. ' --9" . . 3-28-66 .'- '- '.:
· u~ani,?~..~, was so m,:.._'~'.~ o.~ the P-l. at~o.n%
o2
· ~o~
'~s be '~ ~ee~
~alle · the de · '
· n s sea w
~e o ~ alla e h ~i y Atto
10.~ .. . ..
CaPita1 ~,~e ~d-, "'~aace
f~l~a~ ' - ', :='~iOa
~ b~ · ~usl , ,900.0
~' ~Urney Y Ordere~ o= ~ ~ 7
· ~e ,meeting ~ '
.
/.~PP~O~D ~ , ~, ,
84-A
'RESOLUTIONNO. 16-66..
A RESOLUTION OF.Th~ CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING CERTAIN EASEMENTS~AND-
PORTIONS OF STREETS IN DEL-BATON PARK
SUBDIVISION.
~REAS, 'JERBY EARL PONTIAC, INC., the owner of
Lots i thru 10, Block 2, and Lots i thru 44, Block 16.:of
DEL-RATON PARK S~BDI~;ISION, .~ae mede appl£catio~ to':the
City Council of Delray Beach to vacate and abandon certain
easements and portions o£ streets in DEL,RATON PARK SUB-
DIVISION; and
WHEREAS, .'ssid dedicated rights-of-Way have never
been opened or used. and are deemed not needed by said
City;
NOW, THEREFORE, BE IT RESOL%~D BY T~E CITY COUNCIL
OF THE CITY OF DELRAY~BEACH, FLORIDA:
That pursuant to Section Seven (7), .ParagraPh Three
(3) of the Charter for the City of Delray Beach, Florida,
it is hereby determined to vacate and abandon any.title .and
interest in the following deecribed property:
The North half o~ Avenue "E,, the South
half of Avenue "D"; and-~the two (2) ten
(10) foot Alleys lying within-Block 16,
DEL-BATON PARK SUBDIVISION, as appears
on pages 9_and 10, Pl~t Book 14, Public
Records of Palm Beach-' County, Florida.
PASSED AND ADOPTED in regular-session on this the
dpy of , 1966.
M~YOR
ATTEST:
/s/,~.0. wo~n~s .........
City Clerk
84'B
A R~SOLUTION OF THE CITY COUI~CIL OF THE C~TY
OF DELRAY BEACH, PLORIDA IN APPRECIATION AND
COMMEMORATION OF THE NUMEI~OUS INDIVIDUALS IN
THIS AREA WHO CONTRIB~TED TO THE OUTSTANDIN~
SUCCESS OF THE LOUISE SUGGS-DELRAY BEACH IN-
~TATIONAL L.P.G.A. GOLF TOURNAMENT.
W~EREAS, the LOUISE SUC~$-DELRAY BEACH INVITATIONAL L.P.G.A. GOLF
TOURNAMENT was held in this City on March 25, 26 and 2?, 1966~ and
WHEREAS, this was one of the greatest and most successful events
ever put on in Delray Beach, drawing many renowned golfers into.~the
competition and providing many thrills for the thousands of specta-
tors who witnessed the tournament: and
WHERF2%'S] the. success of this event was achieved only as a result
of the cooperation and diligent efforts of numerous individuals work-
ing individually, and with committees es well as the financial support
of the 100 certificate holders who .guaranteed the financial success of
the tournament; and
WHEREAS, the City Council on behalf ..of the citizen~ of this com-
munity, being desirous that this tremendous joint effort be recogniz-
ed, acclaimed and permanently recorded;
NOW, THEREFORE, BE IT RESOL~;ED BY THE .CITY COUNCIL OF THE CITY OF
DELRAY BEACH:
Section 1. That without attempting to be exhaustive the follow~
lng individuals and committees are ~hereby commended for their untiring
efforts and cooperation in sponsoring the LOUISE SUGGS-DELRAY BEACH
INVITATIONAL L.P.G.A..~OLF TOURNAMENT~
LOuise Suggs & Ed Galloway, Co-Chairmen.
The members of the Chamber of Commerce
L.P.G.A. Committee.
The 100 Certificate holders.
The members of the Delray Beach Poli~e and
PIFe ~epar~ments who volunteered their services.
~obert BrUC~ .~a?~is, owner of the Delray Beach
The Tournament Committee.
Section 2. That the City Council further urges the persons re-
sponsibl~ for this tournament to give serious consideration to making
this an annual event.
Passed and adopted this 28th day of March, 1966.
/S/ Al. O. Avery -_
ATTEST: M A Y 0 R
City Clerk
c'~N~-'~ OI~E~ NO. !
This agreement entered into this day of g~'~. ,
1966, oy ~d be~een the CI~ OF DEL~Y BEA~, P~ B~ ~, ~RIDA,
as par:y of the ~T par~, ~d H & S C~S~U~O~ as party of the SECOND
par~, the s~ being a ~ge or s~ple~n~ to a certain C~trac~ by ~d
be~een the parties afo~said, dated July 16, 1965 for the construction of
a Sewage Wc~s Project in Area 19 of the CI~ OF DELR&Y BEA~, P~ BEA~
COI~, ~O~DA.
WITNESSETH:
I. 'W~IEREAS, the party of the FIRST part desires to a~end the
Contract by adding various miscellaneous items as shown on
the attached Appendix "A"~ which, by reference, is made'a
part of this aireement.
-and-
I~EREAS, it was necessa~-] to re-site Lift Stations 19 and 19A
to confor~ to actual sub-surface structures, and underground
conditions.
~and-
WHEREAS, all of these items a~re, tn the best Judgment of your
Engineers, necessary to provide a first-class installation at
the revised sites.
II. THEREFORE, the party of the SECOND part agrees to construct
the additional items as indicated on Appendix "A", fumishing
all. necessary labor, material, and supplies for the total
agreed lump sum price of $1,726.03. The total addition to
this Contract being Seventeen H~mdred and Twenty-Six Dollars
and Three Cents.
It ie further a~reed and ~derstood ~hat the Contract tim
wi, il not be extended, ~d ~at this ~ge shall not alter
in ~y ~er the force ~d effect of the original C~tract
dated July 16, 1965, ~d the ~ shall stud in full for~
~d effect in all respects except as ~nded by this agree-
H & S ~NS~O~
P, ecom~ended for Approval: Accepted:
RUSSELl, & AXO~ CITY OF DELRAY BEACH
~S~TING ~GI~E~, INCO~D V~ B~ ~
D~Y B~, ~R~DA
Change~ in Lift Stations 19 and 19-A as a result of re-siting
these stations to conform to existing sub-surface structures
and 'underground conditions,
I. Lift Station 19 - Contract 'Item 37.
a) Additional conduit needed to supply underground
electrical service to Lift Station 19 from the
nearest pole from which the power company would
agree to provide 3-Phase service.
230 Lineal Feet of 2" conduit @$5.33 per ft. - - - - $1,225.90
Note:
(Undergrotmd power supply is considered to be
the desire of the Council in this area.)
b) One extra hatch light requested by Sewer Super-
intendent to facilitate entering entrance tube
in darkness. Concurred in by Consulting Engineer. - - $ 50.00
c) One extra 4" gate valve and box requested by Sewer
Superintendent to provide additional safeguard
against sewage backing up from w~t well into hatch
cover. Concurred in by Consulting Engineer. - .... $ 98.23
d) Four Lineal Feet of 12" cast iron pipe necessitated
by a' change in location of manhole O+O0--Main 19 to
a~oid conflict with primary telephone cable.
4 Lineal Feet of 12" C.I.PJ @$10.00 per ft. - - - - $ 40.00
CITY, Ol~ 'DEL~AY :BEAC~
PP. OJBC'r NO~ '595~-8-b
C~L~NGE 'ORDER NO. 2.
1966, by and between the CITY OF D~.LRA¥ BEACH, PALH BEAGJ//C
FLORIDA, as party of the FIRST part, and H & S CONSTRUCTORS as party
of the SECOS~ part, the smme being a chaise or supplement to a certain
Coutract by and between the parties aforesaid, dated July 16, 1965
for the construction of a Sewage Works Project in Area 19 of the CITY OF
DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
WITNESSETH:
I. WHEREAS, the party of the FIRST part desires to amend the
Contract to provide for a s~nd seal prime coat over the
full width of the following streets:
Andrews Avenue
SouthwaYs
Cres twood
Harbor Court
Harbor Drive
Island Drive
-and-
WItEP. EAS, it was planned to subsequently pave these streets
full width
-imd-
WHEP.~AS, it was desired to provide a satisfactory roadway
during the interim period between sewer construction and
paving operations
Lift Stati~n 19~A- Contract Item'38.
a) Thirty (30) lineal feet of 2" conduit to
provide undergro%md electrical service to
Lift Station 19-A. This was necessitated
by moveme.~t of the Lift Station from the
south side of Island Drive to the north
side, to avoid actual tmdergrotmd obstacles
enco~mtered in the bridge abutment area, and
to avoid serious damage to private property.
30 Lineal Feet of 2" conduit @$5.33 per ft. - .... $ 159.90
b) Nineteen (19) Lineal Peet of 8" cast iron
pipe resUlting from change in location of
Lift Station.
19 Linaal Feet of 8" C.I*P. @$8.00 per ft. - ..... ~ 152.00
Actual addition to Contract by
this change Order $ 1,726.03
C~STRUCTORS
Superintendent
~EItF~S, ~his .~ork would, in any avent, 'ha~ had ~o be done
by ~e Paving con~racc0r a~ a la~er'da~e.
THERBFOR]g, ~he' par~y of ~he' $~C~ pat~ agrees ~o cons~ruc~
additional sand seal prime COat, :furnishing all necessat7
labor, material, and supplies for r. he agreed m~it price of
13.'4¢ Per square yard,
7,756 sq. yds. @1'3.&¢' $1,039.30
The total addition to thts Contract being O~e Thousand
and Thirty-Nlue Dollars and Thirty Cents.
III. It is Eurther agreed ~d understood that the' Contract time
will not be extended; and that this change shall not alter
in any manner the force and effect of the original Contract
dated July 16, 1965, and the sn~ shall stand in full force
and efffect in all respects except as mnended by this agreement.
H & S C~STRUCTORS'
Recommanded for Approval: Accept:ed:
RUSSELL & AXON C~TY 0F DELRAY .BBACH
CONS~7~T~NG ENGINEERS, INCOHPORATED PALM BEACH ~
DE'ARAY BEACH, FLORIDA
City Ptanager
APPENDIX
' 'AREA:' 19
1. The pnrpose of this appendix is to explain the reasons for
the variations in quantities and payments between those carried on
the original Contract and those carried on the Final Estimate.
2. ~hile a variation of $1,000 or less is considered to be well
within normal expectations for ~mderground work, this appendix will
discuss in detail all significant variations from the contract
quantities.
3. Items 'No. 1 through.No. 5 cover stage excavation and backfill.
It will be noted that, in general, shallo~ cuts under-ran, and deeper
cuts over-ran. These partially compensated each other' for a net over-
run of approximately $1,300. The primary reason for this net over-run
was the need for undercutting '%uck'~ areas to remove unsuitable material
so that it could be replaced with crushed rock to provide a stable
foundation for d~e pipe.
4. It_ems 6 through 15~:[tem %2~'and Item~'l? thro~h-29 covering
piping and m~nholes are more than compensating, mad result in a net
under-run of approximately $700.
5. Item 30 - The net over-run of $l, 183 for this item of
asphalt pavement replacement resulted from the need to repave, at once,
(in order to carry traffic), five (5) highway crossinEs on N,. E. 8th St.,
(a Sta*.e road), one (1) wide crossing on State H/ghway A-l-A, and areas
of Andrews Avenue. These were areas where we did not plan to repave
later, under the pav/ng contract.
6. I,tem 31 - The net over-~n of $832 for concrete pavement
replacement resulted from the requirement of the State P~oad Department
that a reinforced concrete slab be placed over the pipe and under the
pavement oa 8th Street and on State Road A-1-A. Also part of this
over-run was due to adjustment of easement through property at
Lateral 19-D (Goodn~) in order to conform to highly developed
1 ~nds capiug.
?. Item 33 ~ck excavation '~d~r~e~ '$2,7~. As £his was
a costly item, evez~ effort was made to a~ld rock where practicable.
8. ~tem 36'.- Sawer pipe beddimg in muck areu. ~he net* over-
~ of $6,533 o~ this item t~sUlted f~ the need to replace unsuit-
able material with' c~ushed stone tn'o~der to provide e stable
dation for the ptpe, It is very dif£icult to make an accurate estimate
on this item in advance. In this connection, the attention of the
Council is invited to our letter' recommending award on this Contract,
in vhtc~h it vas recommended that a reserve be setup on this Contract,
based upon previous eXperience in muck cress east of the' Vatervay.
9. *Ie. mas 37 mad.'38.- (Lift Stations) Varied u set forth in
Chanse Order No. 1.
10. Item 30 and 10 - (Extra concrete and ~einforcin$ steel)
It vas necessary to place I.?0 cubic yards of extra co~crete~ and
271 lbs. of extra reinforcinl steel in order to enlarse the hatch
for Lift Station 19, as reqUested by the Sever'Superintendent.
The hatch was made w/der and deeper to facilitate entrance and
egress by maintenance emPloyeeS. The Consulting Engineer concurs
in this-change. Vork done under Ueit hid'prices.
I~em.39 - Extra concrete ordered. in place by l/n$ineer,
1.70 cu. yds, @$140'.00 per cu. yd, - ....... $238.00
Item 10 , ~xtre reinforcing ste61 ordered ~n place by Engineer.
27a lbs. @.30¢ per lb. - ............. $ 82.23
11. The total amo~mt of net over-run of bid quantities
covered by this final reconciliation ~reeme~t is Six Thousand,
One Hundred Seventy-Six Dollars and Eighty-Eight Cents ($6,176.88).
12. In ~rlew o£ all the facts set forth ahove, it is
considered that the Variations bet-~eeu the* bid quantities
and the As-~uilt quantities are vel1 v/thin normal limits
to be expected in this type of tmdergrotmd work.
13. This appendix, Consisting o~ three (3) pages is agreed to
by the Co~tracto~, a~d the Co~sultiug Euginae~s.
R.I~SELL & AXON . H & S C~STR. IICTORS
OONSULTING I~CIN~I~RS, IN(I;
C~' O~ DKLRA! B~
P~Jec~ Ne, 5964-~b
~i· sgree~nt entered into fits ' . ~ of _
, ~; as pa~ty of ~he ~T part, ~d H & S C~S~ as party of the
part~ the s~ bein~ a ~ o~ s~ple~nt to a ~tain ~nt~act by ~d
~ b~en the parties afo~said, dated 5uly 16~ 1~5~ for the
of ~ S~e~e ~o~s Project in ~ea 19 of ~e CI~ OF D~ B~, P~
WITNES SETH
~AS, the party of the FIRST part desires to amnd the
Contract to reconcile the final qu~tities as constructed
· r~h the qu~tities u originally bid,
~/EREA~, the final constructed qu~nttties are Set forth in
the Final Esti~te !~. &,
-~d
~, a disc~8i~ of the diffe~s ~ch exist be~een
~he bid q~ities m3d ~he c~sc~c~ed q~Ci¢ies is a~a~ed
as ~pendix "A" ~o ~is ch~e or.r,
-~d-
~, bo~h Fiaal ~ti~te No. ~ ~d ~pendix "A" are, by
re~e~'ence, ~de ~ in~elral part of this chm~e order,
~, this c~a~e order, ~hen si~ed by a11 par~ies ~he~eCo,
constitutes final acceptnce of all york carried out ~der this
Con~ract, by ~he CI~ OF D~Y B~, Y~RIDA.
II. THEREFORE, the party of ~he $~.(X~ID part a$~eea ~hat th~a ~nal
~ec~cilia~i~ ~ o~r a~eraedes ~y ~d all p~e~
co~esp~dence or venal ag~ee~nCs regard~n~ delectus o~
additive ~o the s~e of the ~ car~led out ~de~ ~his
~n~rac~ dated July 16, 1965 for~e c~st~c~i~ of a Se~rage
Works Project located la ~ea 19 of the CI~ OF D~Y BEA~,
~ V~ B~ ~', ~DA, ad the party o[ the SE~ part
I further a~rees ~hat all q~ti~ies ~d prices sho~ on ~he
,' attached Final lsti~te are correct, ~d Chat the ~ of
~en~y-~e ~ous~d, Five H~dred FourCeen Dollars, Ten Cents
~21,511.10) c~s~i~utes final paint, tncl~int retainate,
~or all m~erials furnished, ~d work ~rfO~d ~der ~his
~n~ract, all in accord~ With t~te~ of the oriti~al
ConC~ac~.
III. It is further ~reed ~d ~rst~d ~hat this ~m~e order
shall no~ al~er in my ~ner' ~he ~l~ten~ce, ~d.~rfo~ce
~ua~mties of the orilinil ~nt~act da~ed July t6, 1965 ~d the
s~ shall stud i~ full force md effect in all respects.
Recommended for Approval: Ii & $ CONSTRUCTORS
RUSSI~LL & AXON ~~.~
CONSULTING ENGINF~RS, INC. By
Accepted:
By. ,~7~/~ i. CITY OF DELRA~ BF~
o DELRAY B~ACH, FLORIDA
Approwed as to
A~te~t:
OEDII~CE ~0o 20-66.
AN ORDINANCE OF .THE CITY COUNCIL OF THE CiTY OF
DELRAY BEACh{, FLORIDA, A~]EXING TO TH~ CITY OF
DELRAY BEACH CERTAIN LA~D, NAMELY LOT 6, SECO~
ADDITION TO HIgH ACRES, WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDE-
FINING THE BOUNDARIES OF SAID CITY TO ZNCLUDE
SAID LAND~ PROVIDIN~ FOR THE RIGHTS AND OBLI-
GATIONS OF SAID LA/~); AND PROVIDIN~ FOR THE
ZONIN~ THEREOF.
WHEREAS, CLARENCE H. MARTIN and JOSEPHINE R. MARTIN (his
wife) are the fee simple owners of the property hereinafter descrlb~d,
and
WHEREAS, C,LAR~ECE H. MARTIN and JOSEPHINE R. MARTIN (his
wife), by their petition, have consented 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 ORDAI~ED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.S. ECTI.ON_i, 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:
That tract of land, namely Lot 6, Second
Addition to High Acres, per Plat Book 23,
Page 37, Public Records of Palm Beach
County, Florida.
SECTION...2.. That the ~eundaries 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 R-1AA, as defined by exist-
ing ordinances of the 'C~ty of Delray Beach, Florida.
.SECTION. 4. That the land hereinabove described shall im-
mediately become subject to all of the franchises, privileges, im-
munities, debts, obligations, liabilities, ordinances and laws to
which land's 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 $. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegaI 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 and final reading
on the 28th day of March , 1966.
/S/,A~. C. Avery ............
ATTEST: M A Y O R
/S/ R. D. Wo~-thing City Clerk
First Reading .Ma~c.h ~. 1966 ~ Second Reading. March .~8~ 196,6 ....
8~.-0
ORDInAnCe- NO.
AN ORDINANCE OF T~ CITY COUNCIL OF T~ CITY OF
DELRAY BKAC~, AMENDING C~APTER 5 OF T~E CODE OF
ORDINANCES OF SAID CITY TO PROHIBIT CATS FROM
RUNNING AT LARGE, DEFINING "AT LARGE" AND PRO-
VIDZNG FOR IMPOUNDMENT.
W~EREAS, the City Council has received increasing
plaints from residents of the City regarding cats running at large
u~on public and private property other than the owner or keeper
thereof; of public and private nuisancee committed by such animals;
and of damage to public and private property and persons by such
animals; and
W~EREAS, the situation has reached that point where re-
medial legislation of a stringent nature is necessary to require
to be done that which some owners of cats apparently will not do
voluntarily, that is, exerciee reasonable restraint and control
over their cats; and
WHEREAS, the City Council ia charged with the protection
of the health, safety and welfare of the general public;
NOW, T~EREFORE, BE IT ORDAINED BY TNE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 5 of the Code of Ordinances of
said City be, and the same is hereby amended by adding Article
III to read as follows t '
"Article III Cats
Section 5-17 - Stray cats running at large
It shall be unlawful for any person owning, boarding
or otherwise keeping or having in his custody a cat
to permit such cat to stray at large, or whether or
not at large, to permit such cat to be on privately
owned property without the consent of the owner,
lessee or other person having lawful dominion and
control of said priv&te property.
Section 5-18 - '*At Large' defined.
'At large' shall he defined to mean off the property
owned by or under the dominion and control of the
owner, boarder, keeper or. custodian of the cat, when
said cat is wandering, .roving or rambling at will,
u~restrained by said owner.
Section 5-19 - Cats at large to be i~pounded.
Page 2.' ORDI~qNCE NO. 21-66.
Any stray cat found in violation 'of any of the
provisions of this chapter shall be impounded
. ~y the'police department of this city. Such
animal shall remain impounded for a period of
five days during which time the owner may mecure
.She release of this animal by paying to
department of this city a fee of fifty cents per
day, or each fraction thereof, the. animak h~s been
impounded. If any animal remains in the custody
of the city for more than fire-days, the owner
thereof shall lose all right to the animal and
the city shall proceed to dispose of same~ either
by sale to pay the charges against the a~imal or
by turning the animal over to the Animal Rescue
League.
Section 5~20 * Impounders- police
Appointment of impounder by City
Manager
Any person may catch any~.stray cat found running
at large in the city end deliver the same to the
Police Department for impoundment as herein pro-
vided.
Each and every policeman of the city shall be an
impounder of the city and the City Manager shall
be empowered to appoint additional impounders for
the purpose of enforcing the provisions, of this
chapter."
PASSED and ADOPTED in regular session this __~
day of Ma~oh _ , 1966,
../S/ Al, ~. 'Avery
Mayor
ATTE ST:
. /$/ R. D. Womthtn=
City Clerk
First reading Ma~0h 1~, 1966
Second reading ..March ~8~'.196% i'
84-Q
ORDINANCE NO. 22-66.
AN ORDINANCE OF THE CITY C~UNCIL OF
THE CITT OF DELRAY BEACH; FLORIDA,
PROVIDING FOR THE ENCLOSURE OF SWIM-
MING POOLS WITHIN THE CITY AND
PROVIDING FOR PENALTY FOR VIOLATION.
NHEREA~, the City'Council of the~City of Delray
Beach, after, due consideration, believes that the health,
safety and public welfareof"~e ~ibitizens'of"Delray Beach
will best be~served'by~adding a' ~ection'to the Code.of
Ordinanbes of. the City of D~tray Beach tO provide for
the enclosure of swimming pools an~ other pools with
depths of more than twenty~four inches.
.- NON,. THEREFOP~,'~BE.~IT ORDAINED BY THE CItY
COUNCIL OF THE CiT~ OF DELRAY BEACH, FLORIDA, AS.FOLLOWS:
Section 1. THat the Code-of Ordinances.of the
City of Delray Beach, Florida, be and ~he same is hereby
amended by adding Section 17-3~ to read as follows:
,Section 17u34. Enclosure of'~Swimming Pools;
(a) All private or family type pools shall
be enclosed by fence or other enclosures so
that the~premises upon. which the pool is
located is enclose~ frOm~ad~oiningyards or
property. All pools'connected with
commercial ~entures such as~motels, etc.,
within the city,~ and'otherwise guarded or
under surveilance by competent and'respon-
sible personnel'shall not be covered ~y this
subSection;· however~ the. owners of' such
operations shall be required to maintain
adequate~liability.insurance~policies
coverSng said poqls in an.amount of not less
than $1OO,000 ~ $300,000 coverage, if they
-choose not~to .erect aprotec~ive fence as
describe~ her~in.
(.~') No swimming pool final inspection and
approval shall be given by the Building ~
Department, unless there has been erected a
safety barrier as hereinafter provided.
The safety barrier shall take the form of a
-' s~reened-in patio, a WOoden fence, a w~
fence, a rock wall, concrete block wall,-or
other materials so as to enable the owner
to blend the same with the style of
architecture'planned or in existenceon the
property. The safety barrier, which shall
not be less than forty-eight inches in
height, shall be erected either around the
swimming .pool or around the premises on
which the swimming pool is erected~in
either event, it shall enclose the area en-
tirely, prohibiting unrestrained admittance
to the enclosed area, Gates shall be of the
spring lock type, so that they shall auto-
maticatly be in a closed position at all
times. Gates shall also be equipped witha
sa~e lock, and shall be locked when the
swimming pooLi~ not in use. '-,
(e) No person in possession of a family
pool within the City, either as owner, pur-
~Chaser, lessee, tenant or a licensee, upon
8~,R .....
Page 2. ORDINANCE NO. 22r66.
which is presently situs%ed a. swimming ~ol.
Or family p6~lHaving a 'minimUm'depth of '
twenty-four incHe.s'~ de~ermin~ hereinabove
shall, fail to pro,!de aUd maintain such
fence or wa~l as h~ein provided,
(d) No building permit shall be issued for
the c'o~stru~bion of a family p0ol ~nless
,there is clearly Shogn.~n the ~lans sub-
mitted to the City Building Inspector or on
other construction specif£ca~ions submitted
tO the ~ity Building'Inspe~to~'~provisi~s to
comply with this Section.
(e) Although~ th® provisions of this ordinance
are. limited in applicability, nothing con~ained
herein shall diminish or oSherwise abate ~he-
applicability, force and effect of Sections 17-
29 and 17-30 of this Code which Provide that
~ swimming.pool or other dangerous'excavation
in the earth may be 5onsidered a public
nuisance under certain circumstances or any
other ordinances regulating theconstruction,
use and/or maintenance of swimming pools"or
family pools.
If) The Board of Adjustment may make modifi,
cation in iDdividual cases, upon a shying of
good cause wi~h respect to the height, nature
or location of the fence,.wall.,.gatss or
latches, or the necessity therefQr, provided
the protection as sought here~Dder is not
-reduced thereby.
(9) Any person presently in violation of
· this Ordinance due roan existingswimming
p~ol or family pool as of the effective date
of this Ordinance shall have sixty days from
t~at da~e ~o c~m~l~ with the requirements set
f~r~hLherein.
~) The penalty for a Violation of this
secZion shall be as provided in section 1 - 6
of this Code."
Section 2. That if any word, phrase, c~tause,-
sentence-or part of this ordlnan0e shall be d~clared illegal
by a court~ o~ co~mpetent j~risdiction, such'record of
illegality shall in no way affect the remainihg portion.
PASSED in regular session on the second and final
reading on the 2~th day. of March ~. 1966.
/S/ Al. C. Avery
MAYOR
ATTEST:
City ~t~ ''
'First Rea~img .~,~ar~h'lh~ 1966
Second Rea~ing March 28,, 1966