04-11-66 APRIL 11, 1966.
A regular meeting of the City coUncil of Delray Beach was held in
the Council Chambers at 8~00 P.M., with Mayor Al. C. Avery in the
Chair, City Manager D&~id M. Gatche!, ~C£~y Attorney John Ross Adams,
and CoUncilmen J. Le~0y ,.Croft, James H..Jurney, Jack L. SaUnders and
George Talbot, Jr. ,bein~,,g=eseat.
1. An opening _prayer was delivered by the ,Rev. Charles C. Carrin.
l~a. The Pledge of Allegiance~ to the Flag of~ the' United States of
America was. given,
2. The minutes, of the re~lar-~eeti~{g-- ~f March 28, 1966, were unani-
mously approved, on motion by Mr..Croft and ~'ecoh'ded-by Mrs. Jurney.
3. Mr. John Sword of Breezy~.Ridge-~states said.that %~e understands
the sanitary sewers-will b.e, extended up 18th Avenue, .,and informed the
Council that .the residents of Breezy Ridge Estates would like the
sewers extended to their .area.
Mayor Avery ~said he fe&ls it,lk's 'Pro'per ~to direct the City Manager
to confer with the Consu!t.ing .E~%gineers as' .to the ~fea~ibili~t~, of sewer
extension into that-area. It was- so moved by Mr. _~u~ney, The motion
was seconded by Mr. Tal~6% and carried unanimously.
4. Mr. Croft read the following Beautification Committee meeting
minutes of April 6,
"1. Mr. Merritt reported that the wiring for the lights on
the civic,, club ~.signs has been installed, and all that re-
mains iS for the,City to'instruct Florida Power & Ligh~
C~.,mpany to install the~.meters and connect the wires.
2. Mr. Elliott reported that the shrubbery in the~ north and
south islands had been trimmed to allow a full view of
the Delray Beach-. signs
3. 'Motion by Mr. Lankton .t~t-money~ from the. Beautification
budget be used to sod the lot.-between the Fire Depart-
ment building and the tennis courts, said amoUnt not to
exceed $350.00,- Seconded by ~Mrs. Bvaul. Carried.
-(Council action)
4. A lengthy discussion was held concerning committee re-
commendations that have. never been carried out SUch as
the clearing 8f the lot at' No E. 5th Avenue an.d' 4th
Street, repair of the parking sign at N, E. 1st Street
and 3rd Avenue, the m~..lti-colored'aUtomobi-l~ at S. E.
5th Avenue and 4th S~reet, and enforcement of the boat,
trash, setback and hedge ordinances. It w&s~ ~ecided
that the watch-dog program would receive S~e~al atten-
tion during the month of May and a composite list of
beautification suggestions and'-ordinance violati~.
would be presented to the City CoUncil for the necessary
action.
5. ~hairman Bowen announced a special meeting of the com-
mittee on A~ril 27th to 'finalize the budget request for
the coming year.
6. Mr. Elliott reported that there were a number of excess
plants in the City Nursery that could not be used in City
beautificat~ion.' This Co~ittee recoma~_nds tO the City
Council that an open house be held ~t the Nursery and
Mr. Cartee be authorized to g'~ve one of these surplus
plants to each Delray Beach res. ident that attends.
(Council action)
4/11./66
86,
"7. Motion by Mr. Sante that $1,000.00 from the Beautification
budget be used to plant and beautify tha~' space between
the sidewalk and the curb on West Atlantic .Avenue. · se-
conded' by MrS. Evaul. Carried.' (Council action)
8. Request the City Council take the necessary a_cti~n for
obtaining pezmission from the ~tate Road Department to
erect our Delray Beach sig~ in the westermm~St island on
~.West Atlantic Avenue."
Co~cerning item ~6, Ma~or Avery said he thought the? giving away of
plants at the City Nursery would require some study~, and suggested
that the Counci/men visit the Nursery' and look the situation over.
Mr. Croft moved that this item be..referre~ to the City Manager for
his recommendations, the motion .being s~conded by Mr. Talbot and unani-
mousiy carried.
Conoer~i~g items 3 and 7, Mr. Talbot moved that these items be
ferred to th~ City Manager for investigation and recommenda~tionso The
motion was seconded by Mr. Saunders and carried .unanimously.
Concerning item 8,. Mr. Croft moved tha~ the Cit~ Manager proceed
with the suggested procedure, if he agrees with ~,. The motion was
seconded by Mr. Talbot and .carried unanimOus!~.
4.a. ~ r011 call showed, the follOWing Civic Organizat.~ons and repre-
sentatives to be in attendance:
Beach' TaXPayers Leaque,~ Inc. Mr. J. WatsOn 'Dunbar
Breezy Ridge Estates Mr. John Sword.
Delray Beach Recreation ClUb Mr. C. W, RAce
Senior C~t!zens Club - CO'1. Lawrence EVerett
5. ~i~y C~erk worthing read t~e fO'llowing lett~e~ tO Mayor' AVery from
the Delray Beach Community Blood Ba~k, dated March 29, 1966,~ signed by
Mr.. LeRoy Merritt and ~r. David .L. Tyson.
"The Delray Beach Community Blood Bank ~iShee to thank you
for your fine support in this important project. YOu not
only .gave us publicity b~fore the PeopIe at COuncil mee~ag,
but by being s donor~ gave a generous contrib~tion tO' our
civic
5. The City Clerk read the following letter, dated March 23, 1966,
to City/~an~ger Gatchel from Mr. ~ay M. Groff of Lancaster, Pennsyl-
vania, and Delray Beach:
"I feel a compulsion to w~ite and thank you, and your
sociates, in behalf of many ~ortherner~s and. myself, for the
excellent tennis facility you have in Deiray Beach, Flo~ida.
Many others and myself, I know, ha~e purcha~d property.based
on said facility.
I might add Mr. Spiller, in my opinio, n~ has done more for
tennis in two s. hort years than perhaps some executives' can do
for industry in the same length o~ time.
I am proud to own property in De, ray. We all hope Delray
shall not become too affi~ent' and spoiled."
5. Mayor Avery read a PROCLAMATION, proclaiming May 1, 1966, as LAW
DAY USA, and as]~ed that the proc~.amat~on be mailed to the ~ President of
the Ba~ AsS0~ia.ti0n,~ and copies'~e f~ished'to the press.
5.a. Mr. Jurney informe~ Council that he ~is Uoncer~ with the ap-
pearance and condition ~of N. Wo and S. W. 5th Avenue, as to houses
that should be oondemu%e~ and removed; also, the existence .of bottles,
4/i!/ss
8?
beer can~,~ trash a~d weeds'; further, that he~ould like ~0'personally
point 6ut'i%hes~' c0ndi~k0ns to the City Manager ~his ~eek,; and that
something be~ d°~e to elimina~e the un~ightly'.-~ondi,tiofls['
It w~s me~tioned t~a2 ~he 'survey and' c°ndemna%ion of h~Uses would
come under Mr. Art Smith's department.
Mr. Jurney' mo',ed that:'those C0nditi'on~ b~ ch~cked by'~{Lhe City
Manager brough his proper departmentS, the motion beir~3 seconded by
Mr. Croft referred to some houses on'N. ~.'llth AVenue that he had
mentioned' to the City Manager. 8ome ti. me ag.o, and City Manager ~atchel
reported that 'he had talked with' Mr;' Art" Smith' and %h~'p're~en= 'condem-
nation ordi..n~nce is now Bein~ reviewed'by Mrs. Smith, With the thought
that it will have""t0'be Streng~hene~ to some degree~~~
Upo~ Call of roll" On' th6 ~tion that. 'said db~dit:[ons be Checked by
the City Manager, the motion carried unanimOUelyo
5.a. Mr. Talbot asked whe~ 'the'sea wall on Lot X Would be repaired.
City Manager ~atchel reported that a- contra~ had~ been ~ve~ to-Murphy
Constructi0~ Company'for Said'work and'-that he Wduld ~heck into ~t to
see when the work would start.
5.ao Mr. Talbot said it hadbeen ment~o~ed~0 him.'thfa~ mos2 Of the
large .boats have left Delray Beach now and questioned whether the
operation of the PoI~ce patrol boat ~s necessarY '~6~. ·
It was POinted out that the":schedul& of ~6-~a~oI b0at~ope~a~ion
gate same and ~ePort to Cotu~cil at their next meetk~g~:':
X. It wa~ ann°~n~ced !that the Council and citY Mana~6'r' are inV~it~d to
a meeting at Boca R&ton City Hall at 10:00 a.m., Tuesda~ April 12th~
further, that Congressman Paul Rogers will be P~esel%t:~nd th~-B0Ca
Raton Inlet will be discussed.
5.a. Mayor Avery~ sa~""that he had been very much upset by a recent
~rand Jury re~Ort 'which ~urported to lend-diScredit' to' '~he Delray'Beach
police force~' ~th&~, that' he' 'had"requ~sted a' =0~y 0f~ Said~"report and
there is nothing ~'-said report' W~ich re'fine'tS up6n' the in.tegr[t~ of
the Delray Beach"Chief 'of Police "or Department. ~ayor.- Avery said the
City Manager had been asked to make said report availa~'l-e t° any member
of the pub!lc who ~s~hes to read it°
~.a. 'c~ncerning bi~s received for ConSt~ructio~ Of the AdUlt Recreation
Complex, Mayor Avery as~e~ that the City M~nager~ and .C'ity Attorney
examine and set aside any irregular bid, and to present each regular
The bids were opened and reported, as follows:
Bidder Ba~e Bid
William Q, Hays Construction co. $ 94,945'1'3Q
sommers & Messmer Construction Co. 104,175,00
Albert J. Di Vagno Construction t02,750.0O
(Complete tabulati°n of bids~??s "attached to '~he offi. cia! copy of
these minutes.) Sss paEe 9~-A.
Mayor Avery said it is very obvious that the ~ids are ~Uch above
the budget and suggested that the City Manager be d~rected to schedule
a ~eeting as soon as possible with the Council, Committee and Architect
for discussion.
Mr. Jurney .m0ved that said bids be directed'"to the
Adult Recreation Complex Committee and CounCil for f~rther study in an
attempt to eliminate some of the ~tems' a~d come within t~e. a11oCa.~
budget. The motion was seconded ~y Mr. Saunders and carried unanimous-
-3- 4/11/66
8
6.b. City Manager Gatchel reported that Mr. Jesse Daniel. s submitted
an application for a Certificate of Public Conve~ience at the last re-
gular Council meeting, and in compliance with Chapter 26 'of the City's
code of Ordinan~es. a public hearing on said application has been
scheduled to be held at this time for the purpose of hearing objections,
if any, to further taxicab service within the City~ a£~ter which, Council
may deny'or grant said request following its determination as to
parent need for additional taxicab service to better Serve the populace.
Pollowing ~n~blic hearing and disc~ssion, said Certi£imate of Public
Convenience was unanimously ,~ granted tO Mr. Daniels, on motion by Mr.
Saunders and seconded by Mr. Ts/bot.
6.c. City Manager Gatchel reported that Mr..George'.G. Lochiatto offers
to sell to the City a parcel of land approximately 115 feet by 330 feet,
lying between the-Seaboard Railroad r£ght-o~f-way and a City owned 15
acre tract, upon which'ties the building and facilities of the Police
Benevolent Association. Further, in lieu of effecting sale of said
parcel, the petitioner requests that the City furnish a ~ight-of-way
over its property to provide egres~ and ingress from S. Wo 20th Avenue
to his property.
The Councilmen were presented with a copy of Mr. Lochiatto's letter
and a sketch showing the location of his property.
It was suggested that this item be referred to Mr. Art Smith and
the Planning/Zonin~ Board and also ~O Mr. R. D. Worthing.
Mr, Saunders t~e~ moved that ~he 'City~ager be directed to inves-
riga.. ~e this item With his personnel' and mak~]'.a, recommendation to the
Council. The motion was seconded by Mr. Talh~ and carried unanimously.
6.do Concerning proposed Change Orders Nos. 1,. 2 and 3, relating to
Sewage Works Project contract with H & S Constructors for Area
City Man~s~. r ~atchel reported to Council as follows:
"1. Change Order No. 1, supported'by Appendix ~A~o covers
coet for extension of sewer lines on Palm Trail, between
N. E. 7th and 8th Streets, amounting to $2~927.15. Council
did, on February 2Sth, ap~)rove~m request for this extension
and estimated expenditure of $3,500. to cover the cost thereof.
2. Change Order No. 2, supporte~ by Append/x 'A', reflects
an added short gravity sewer extensiO~ on No E, 3rd ~Avenue
between 14th and lSth Streets to serve three properties that
wer~ not reached in the ~Phase I~ program. This change order
f~rther provides for DELETION of sewer. lines ~long Seacrest
BouleVard north' of 22nd Street, as .d~r~cted b~ Council' on
october 22, 1965, provision ~or which sewe~ line construction
had been included in the original bid and ultimate award of -'
contract. NET RESULT of this change order is a DEDUCTION of
$16,196.65.
3. Change Order No. 3-covers cost of an.addition to the con-
tract, resulting from a change in the loca%.~on of 2he sewer
easement alon~ the north side of Plttmosa School on l~roperty
owned by the School Board, and necessary relocation of a pre-
vio~sly un~now~ underground co2urete utility vault ~otmd to
be in direct conflict with installat~n of the primary main,
designed to carry all ..sewage- from the area west of Sescrest
Boulevard'. -Addition to the c~ntract' for ~ I0, as a result
of the '~change~, ts $4,000°00°
Your approval of Change Or, ers Nos. 1, 2 and $ is re~ested
at this t~, They have.-~,ee~ approved by our..Consu~ting Engi-
neeFs, city ~ngineer, .C~ty Fihance D~reCto=, the C/ty Attorney
and my~eIf, and I do so recommend."..
-4- 4/11/66
Mr. Talbot,.moved for Council' app.roVal of said Change O~ders Nos.
1, 2 and 3 and' c0mpl~meuted the ..fashiOn in-.whi=h they were pre.se?ted
to Council..The mot. ion: was secon~d, ed bY Mr. S.aunders and.. carried unani-
mously.. . (Copy of Change..Orders Nos. 1, 2 and ]..are attached' ~o' the
officia~l copy of these minutes°) ~Se.~e pages
city nager at hel reported to ,CounCil as
Order No, 4, relative t~.~ H & S Constructors' contract dated September
2, 1965, provides f_or reconcil.iatiop of. all. differences between the
'As Built' quantities and. the '.Bid' quar~tities, and the result of ALL
Deletions and Addition's to the original contr~act.Rertai~.iDg~ to A~EA 10
of the Sewage Works Project is a NET UNDER-RUN of $13,067.10.
said Cha~ge order, No. 4, furt!~er .Supplemented. by ~ Final,.~Estimate
No. 7' in the amount of .~23,856.93, attached to and forming ~.pa~t
thereof, ~.eflects the Consulting "Engineers ' recomm~en.~agi, on .for f..i~al
acceptance of, and payment for,_ the com~lete, d contraet for Area !0.
The City Engineer concurs £n this reco~endatk0n, i.i'Said.'
7 has been reviewed, computations and fina.1 ,.est/mate ~c. hecked, and to
that extent approved by your_-Director of Finance,;and ~we..F~cpmme~d
your acceptance."
Change Order._No. 4 was unanimo, usly accepted, On motion'.by Mr.
Talbot and seconded by Mr. Jurney? (Copy. of..Chan.ge Order No. ~ is
attached to the official copy o~ these.minutes.) See
X. Mr.. Talbot complimente~ .Russell &_Ax. on, along wi~h 9hSi.r Project
Manager in De.lray Beach, for the.manner i.n whi~ch the~ .~h~.~dled the in-
stall&ti, on, inspection, ' etc.,. 0f .the present~ sani, taL-f .se~er,program,
and COntinued: 'I move you that ~he 'Ru~seli a A~on 0kg~ni~ation,
their Project Manager, Col. Danie! Neff, be comp!i.m~en, te~, ~high!y on
manner in ?h'ich .the~. h~a~e~..serV~d the CitY to date,". The motion was
seconded by Mr, jur~..~y, a~d Car~ie.d .unanimously. - ....
6.f. Concerning a survey of parcels of land in violation of: the City
nuisance law~ .pr.esented by the C~t~f. Ma~naqer,. Mr: Talbot. moved, th~.~ t the
of the COd~ 'of Ordinances. The motion was SecO~ded by [~.Mr. SaUnd&rs and
carried unanimously. (Copy of nuisa~ce..violation., survey iS attached to
the official copy of these minutes.) See
6.g. Regaraing consideration for elimination' of vent pipes 'at lift
stations, the CitY Manager reported that the two manufacturers of the
lift stations in use in this City ful. ly concur in, and have ext. ended
their approval Of, the recommendation of C_ity E~gineer'Mark .Fleming
for elimination of the unsightly vent pipes at various lift station
sites, which have caused sc much unfavorable comment from ~residents in
the lift station areas.. Further, the Engineer's method for such de-
sired improvement is. proper Utilizatio~n~.of the existing, exhaust fans,
aided by further use of deht~nidifiers,' and all work in the elimination
of these vent pipes will be performed by City personnel~' therefore',
Council authorization to proceed with said work in providing .for the
elimination of the vent Pipes is requested`.
The City Manager said he would like to make this a matter of
Council polic~ so that thee Engineers' may .provide for the e!imination
of the vent pipes in the design of~ additiona! lift. station,S in. the
future.
Following .~estions a..~ .~isuussion, ~r. Talbot moved that .the-City
Manager be instructed to report back.,.Zo the Council wi.th the estimated
cost of said Work, along with a written report a~d aPpro?.al 0f the
Consulting Engineers$ also the recommendations of City Engineer
Fleming in writ!ng.~ also that the .rer~aining appurter~anc~s, be. properly
landscaped: Mr. Talbot commended City ~..~ngine?r .~min~.o~..hi~, research
on this item,. Mr. Jurney. seconded' the motion an~ also co,ended the
City Engineer on his work on this i.tem.. ~Upon =a~!l of ro, l-l-~.:the m~tion
carried unanimously.
-5~- 4/11/66
6.h. Concerning proposed Change Order No. 1, affecting Houdaille-
Dural-Wright-Company's contract, relating to'. fu,.rniShing asphaltic con-
crete, City Manager Gatchel re~orted tO Council' as follows~ "The
Council awarded a contract, dated October 26, 1965, to Houdaille~
Dural-Wright Company for furnishing, in, part, 5,000 tons of 1" Asphal-
tic Concrete Surface Course - TvDe II ~ $6.90 per ton, for pavement
replacement in conjunction with the Sewage .Collection System project,
This Change Order .No. 1 is to provide necessary TYPE.~ Asphaltic
Concrete Surface for pavement replacement on AiA, between Brooks Lane
and the South City limits, as required by Florida state Road De~ar~&
ment and previously agreed upon, and the contractor agrees to resurface
said portion of A1A with State.Road Department's required TYPE I AS-
phaltic Concrete-at an agreed un£t price of $0.60 per ton additional
to the basic price of the_contract... It is estimated that such ~change~
will result in an additional cost of $360.00, (predicated upon an es-
timate of using 600 tons).
Council approval of Change Order No. 1, as a result of State Road
Department requirements, is recon~ended."
Change Order Eo. 1 was-unanimously approved, on motion by Mr.
Saunders and seconded by Mr. Croft. (Copy of Change Order go. 1 is
attached to the official copy of these minutes.) See pages 94-Rm94-S.
6.i. Regarding proposed Cb~nge Order No. 2, affecting B~mby & Stimp-
son's Sewage Works Project contract for Area 11, City Manager Gatchel
informed Council that said change order provides for extension of sewer
lines in the Lake Drive area to serve properties now applying for an-
nexation to. the City~ further, it also provides for crossing Swinton
Avenue to serve fOUr properties on No E. 16th-Street that could not be
reached in the original designed Phase ! of ,the Sewer Progr,am and that
all necessary Labor, materials .a~d .sul~pl~,i,'eS 'for these ~!ti0ns, as
set forth i~ Appendix "A", suPpOrting" sa[d~'~hange or~ef~ will .be pro,
vided at the contract %mit bi~'~ices, reSUl~ing in & tots! addition
thereto of $6,681.60, an~ that approval of this Change Order NO, 2 is
recommended.
Said change Order No. 2, affecting the contract of BuSby & Stimp-
son~ was unatlimx~usly approved, on motion by Mr. TaLbot and Seconded by
Mr. -Saunders. (Copy of said- Change Order go..2 -is attached to the of-
ficial copy of these minutes.) See pages 9~-T-9~-V.
6.jo City Manager Gatchel reported that a $20.00 offer had been re-
oei~ed for the remains of a 1949 Ford two-ton truck chassis, once a
component part of a stake body truck in the Trash Department, al%d fol-
lowing publi~ation of the Ager~ta items for tonight, another offer in
the amount of' $75.00 had been received for said chasstS~ further, that
the Council may deny th~-offers, or direct the City Clerk to comply
with established procedure, as set forth in Section 7 of the City
Charter.
Mr~ Talbot moved that the ~}~y,~rk be directed to cC~Ply width
established procedure, as set fgr~. in .Section 7 of the City Cha~,ter,
the motio~ being secondedby:~Mr. Jurney ,and unanimously
8.a. City Clerk .Worthing presented RESOLUTION gO. 18-66.
DELRAY BEAC~ FLOP~DA;~' AsSEsSING' COSTS FOR ABATIN~
NUISANCES UPON CERTAIN LAND~ LOCATED WITHIN SAID
c~ s~TIN~ o~ AC~U~ cO, TS TNcUm~D S~ S~D'~
IN AN .AMDUL~ AS SHOWN EY..'R~T~%'.OF-THE CiTY
OF DBLRAy BEACH~ ~iRXDA.
(Copy of Resolution No. 18-66 and accompanying assessmente are
attached to the official copy of these minutes.) See page 9~-W.
Resolution No.. 18-66 was unanimously passed and adopted on this
first and final reading, on motion byMr. Saunders and seconded by Mr.
Croft.
8ob. City Clerk Worthing presented ORDINANCE NO. 24-66.
AN ORDINANCE OF THE CITY COUNCIL OF T~E CITY.
DELRAY BEACH, FLORIDA, ANNEXING TO THE .CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY T~AT PART OF
T~E NORTH 165.27 FEET OF THE WESTERLY 189.50 FEET
OF LOT 5~. HARRY SEEMILLER SUBDIVISION LYING EAST
OF .U~ S. NO. 1 (FEDERAL HIGHWAY) WHICH 'LAND IS
CONTIGUOUS TO EXISTING f4UNICIPAL LIMITS -OF ~SAID '-
.CITY;-REDEFINING T~E BOUNDARIES OF ~AID CITY TO
INCLUDE SAID' LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID' LAND; AND PROVIDING FOR'T~E
ZONING-THErEOF. (1247 North Federal' Highway)
(Copy of Ordinance No. 24-66 is attached to the official copy of
these minutes.) See page 9~-Y.
There being no objection, to Ordinance No. 24-66,'-said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Talbot and seconded, by Mr. Croft.
8.co The City Clerk presented ORDINANCE NO. 25~66.
AN ORDINANCE OF THE CITY 'COUNCIL OF THE CITY OF -
DELRAY BEACH, FLORIDA, ANNEXING TO THE CIT%~ OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 8, LAKE
IDA MANOR,-WHICH i~ IS CONTIG60US' TO EXISTING
MUNICIPAL LIMITS OF-. SAID CITY~ REDEFININ~ TEE
BOUND.ARIES OF SAID CITY TO INCLUDE SAID LAND;-
P~DVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AND PROVIDING FOR THE ZONING TW~REOF ·
(810 N. W. 4th Avenue)
(Copy of Ordinance No. 25-66 is attached to the of£icial copy of
these minutes.) See pass 94-Z. -
There being no objection to Ordinance No. 25-66, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr.~ Cro~t and se~n'ded'bY Mr. ~urneyo.
8,d. The City Clerk presented ORDINANCE No, 26-66.
AN ORDINANCE OF THE-CITY COUNCIL. OF THE CITY' OF
DELRAY BEACH, FLORIDA, ANNEXING. TO THE CITY OF
DELRAY BEACH CERTAIN' LAND, NAMELY LOT 5, LAK~
IDA MANOR, 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 Tw~REOF.
(409 No W~ 7th Street)
Mr. Saunders moved to place 'Ordinance No. 26.-.~8 .on first reading.
Mayor Avery relinquished the gavel to Vice-Mayor Croft and seconded
the motion, which carried unanimously. ~ '~
8,e. City Clerk~Worthing presented ORDINANCE NO. 28-66%
AN ORDINANCE OF THE CITY' COUNCIL. O~ T~E CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE .CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 43 & W'ly
1/3 OF LOT 42, DELRAY BEACH SHORES, WHICH LAND
IS CONTIGUOUS TO EXISTIN~ MUNICIPAL LIMITS 'OF~
:- -7- 4/11/66
SALD CITY; REDEFININO TBS BOUNDARIES OF
(1024 BrOoks Lane)
Ord~ce ~. 28-66 was placed on first r~ng on ~tion by
Tarot ~d seconded by ~. Sanders.
8.f. City Clerk Wo~ng pres~d O~I~ NO.
Ordinance No. 29-66 ~ un~oUsly p~ced on ftrSk reading~ on
~tion by ~. Saunders ~d seconded by ~. Ta~t.
8.g. City Clerk Wort~ng presente~ O~I~ NO. 30-66.
Pro. sed Ordin~ce No. 30-66. ~ .c~ared to the e~s~lng ~-
n~ce conceding finge~rintin~, regis~ring and pho~g~p~ of in-
divid~ls ~loyed in certain es~li~ents or at c~in ~ions,
~d foll~ng ~suussio~ ~., J~' ~ved that O~d~n~Oe NO., ~66 be
~t the ordt~nee. ~e motion ~'aee=~
tied ~imously. Mayor Aver~ ~sa~ t~ ~ ~e or Co~-
ci~en have any suggesters ord-
nance, ~ey should ~ ~,th~, ~ to the
TAIN ~ L~ IN SECTION 28~ ~SHIP 46
~NG T~OF. {2215 South Ouean BoUi~ard')
be placed on fi=st rea~ng ~. ~t..a,
~ng o~ said ordnance, ~e ~o~ion: ~S~aecOnded 'b~ ~, 'Sa~ders and
uarried
9.a. City Clerk Worthing presented the followin~ Planning/Zoning
Board.report, dated Ap~iI 5th, 1966: , .-
''At a regular meeting of the Planning and..Zoning Board'held
November 16th, 1965~ at 4:~0.P.M. in the City Hall, a public
hearing was held for consideration o~ a request-for~rezon~ng..
from R-l-A, Single.Family Dwelling District..t~ R-3; Multiple
Family Dwelling District, that property known as:
--- Lots 1 thru 22, Block 3; Lots 1 thru 22, Block 6; Lots
2.- i thru 22, Block:8~ and Lots'! thru ll, Block, 9,-.all
~'~"~- being in Delray Beac~ Heights Extension, Section'*"A"
- per Plat Book 26,~ Page 83,'-Public Records of P~lm'Beach
County, Florida;
ALSO Lots 1 thru-8, BloCk 3, Delray Beach Heights
tension Section "B3! per Plat Book 27, Page t0, ~ublic
Records of Palm Beach County, Florida~ ·
ALSO the West Quarte~ of Lot. 26, Section 20,46'-~3;~%.
'ALSO the East 525 feet m/1 of the~west I039.51~'feet
of North 554.77 ~eet m/1 of Lot ~9, Section
ALSO the-North.435.91 feet of East 230 feet of West..
1~0 feet and North 550 feet of Eas.t 250 feet of West
1230 feet, all being in the North half. of .the South
half of the Northwest Quarter of Section 20~6~43;~
ALSO the North 431.28 feet of the. East~520 feet m/1
of the west half of Lot 27, Section 20-46-43, all the
above lands being in the City ~f Delray Beach, Florida.
After the hearing was 'Closed ttie Board moved to table the~Fequest
to provide for a work-shop session.
At a special, meeting held March 23rd,-}966'at 8:00 A~M,~the
Planning and'Zoning Boardreviewed the request again~in view
of the location, surrounding zoning area, development and prox-
imity to throughfare access. It was felt this would be a
sonable location for Multi-Pamily development with the'exception
of that five acre tract north of Southwest 7th Street.
The Board, therefore,~unanimously recommends that_the property
be reZoned as requested with the~exceptton of that. portion known
as: THE WEST'~UARTER-OF LOT 26, S~CTION 20-46~43."
Following Giscussi0n,.'Mr. Saunders moved to accept the recommenda-
tion of the Planning/zoning Boardl themotionbeing seconded by Mr.
Jurney-and unanimously carried
1O.d. concerning application of National M~ltiple ScleroSis Society
for permit to solicit funds within the City, Mr. Saunders reported
that the Solicitations c°mmiteee met-last Thursday, and recommends that
this applicant be allowed to $01icit, door to door, from May 25th thru
June 4th~ that there.would be no.telephone solicitat[°n and no ~e~ters
this year; further, that kn f~ture years, the letters wou!d be d~tng
May only, and that they will run an advertisement in the De[ray Beach
News-Journal oh May 20,~ 1966,:putting forth the information~t~.at has
been furnished Coumcil showi.'ng the items of e~pense for-collection, etc.
Mr. Saunders mo_red that the National Multiple Sclerosis Society be
allowed to solicit on the recommended dates. Themotion was seconded
by Mr. Croft and carried unanimously.
10.x. Mr. Talbot asked if the proper City officials had received the
report from the March of Dimes. that is required by City ordinance. It
was reported that said report ~ad been requested, but not received,
and. MX. Talbot asked .what could be done about it... It was suggested
that, without the receipt.-of the desired ~report, CoUnci%maydeny
future privilege of soliciting, and Mr. Saunders said he felt that
~9- 4/11/66
should be pointed out in a letter t~'the March of Dimes. Th~ City
Clerk was directed to follow through on'the March of Dimes ahd any
other organization not complying with that requirement.
Mr. S&u~ders referred to solicitations bY mail from the Family
Serviue A~ency of West Palm BeaUh 'and from the National SoCiety of
the Volunteers 'of America, and turned Said letters over to th~ C~ty
Administration for theseorga~izat~ons robe informed of the
nance governing same in Delray Beach.
10.b~ City Clerk worth~g presented Bills for Approval., a~'follows~
General Fund $ 163,699.54
water Operating &Maintenance Fund 6,151.33
Water ReVenue Fund 127,441.9~~'
Cigarette Tax Fu~d 5,358.00
Sewer Const'ru~tion Trust Fund
First National Bank of Delray Beauh 8,719.70
Mr. Croft moved that the bills be pa~, the motion being seconded
by Mr. Saunders. Upon Callof rol~, Mr. 'Croft, Mr. Saunders and Mr.
Talbot voted in favor Of the motion, and Mr, ~urney and Mayor AVery
were OpPosed. Mayor Avery an~ Mr. Jurney each qualified their votes
in that there was money payable to them in the bills for approval.
The mee%ing adjourne~ at 9:35 p.m.
R~ D. WORTHING
City Clerk
APPROVED:
-10- 4/'11/66
This .agreement entered into this __ day of
1966, by and between the CITY OF DELRAY BEACH, PALM BEACH COUNTY,. FLORIDA,
as party of the FIRST part, and H ~ S CONSTRUCTORS as party of the SECOND
part, the same being a change or supplement to a certain Contract by and
between the parties aforesaid, dated September 2, 1965, for the construc-
tion of a Sewerage ~orks Project in Area 10 in the CITY OF DELRAY BEACH,
PALM BEACH COUNTY,. FLORIDA.
WITN~SSETH:
I. ~IEREAS, the Party of the FIRST Part desires to amend the
Contract to' provide for the addition of a gravity sanitary
sewer line, which is an extension of Lateral SA on Palm
Trail between N. E. ?th' Street and N. £.. 8th Street, and
more fully described in Appendix "A" which, by reference,
is made an integral part of this .agreement.
II. THEREFORE, the party of the SECOND part .agrees to construct
the additional se~er line, as indicated in Appendix "A",
furnishing all necessary labor, material, and supplies at
the .agreed price,' based pri~arily on Contract mit bid
prices, as sho~n in Appendix "A". The total addition to
this Contract being T~o Thousand, Nine Hundred T~enty-
Seven Dollars and Fifteen Cents {$~,927.I5).
.III. It is £urther ·agreed and 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 Septee~er 2, 1965, and the sa~e shall stand in full
~
force and effect in all resPectS, except as amended by this
.agreement,
-2-
CONSTRUCTORS
Recomended flor Approval: Accepted:
RUSSELL 8 AXON
CONSULTING ENGINEERS, INC, CITY OF DELRAY BEACH
PALM B~.ACH Co~TY
D~LRAY BEACH, FLORIDA
By~ By ~yor
Approved as to form: By
City ~nager
By Attest:
By
APPENDIX "A"
TO
CHANGE ORDER NO, 1
PROJI~CI~ NO. 5964.8-b
Lateral SA gravity sanitary sewer line extension on Palm Trail between
N. E. 7th Street and N. E. 8th Street.
Contract unit bid items:
Excavation 8 back£t11, 0.6' cut 317 it. ~$1.6S $ 523.05
8" V. C. Sewer pipe 517 ft. ~$1'.60 507.20
6" V. C. Service pipe 81 ft. @$1'.90 155.90
8" x 6" V.. C. wyes 5 ea. {$8.00 24.00
Shallow manholes 1 ea. ~$190.00 190.00
Cut-in to existing manhole 1 ea. ~$50.00 50.00
Material for sewer pipe bedding 75 c.y. ~$5o00 375.00
Asphalt pavement replacement 206 s.y. ~$3.00 618.00
Based upon agreed lump sum price:
Dowatering and equipment mobiliza.
tion and de-mobilization Lump Sum 486.00
Total $2,927.15
The total addition to thim Contract by this Change Order being Two Thousand,
Nine Hundred Twenty-SeVen Dollars and Piftean Cents ($Z, 927'.15).
RUSSELL & AXON H ~ S COWSTRUCTORS
CONSULTING ENGINEERS, INC. CONTRACTOR
Franklin D. Martifl
Superintendent
CITY OF DELRAY BEACH
PALM BEAC~ COb%~rY, FLORIDA
PROJECT NO. S964-8-b
CHANGE ORDER NO. 2
This agreement entered into this day of
1966, by and between the CITY OF DELRAY BEACH, PALM BEACH COUNTY,. FLORIDA, as
party of the FIRST part, ~nd H ~ S Cf~STR~RS as party of the SECOND part.,
the same being a change or supplement to a certain Contract by and between
thc parties aforesaid, dated September 2, 1965, for the construction of a
Sewerage Works Project in Area 10 in the CITY OF D£LRAY BP. ACH, PALM BEACH
COUNTY, FLORIDA.
WITNESSETH:
I. WHEREAS, the party of the FIRST part desires to amend the
Contract to provide for (1) the addition of a gravity sanitary
sewer line, which is Lateral 10A2 on N. E. Srd AvenUe between
N. E. 14th Street and N. E. 1Sth Street, and (2) the deduction
of al! gravity sanitary sewer lines North of N. E. 22nd Street,
which are a portion of Main 10, all of Lateral lOJ and all of
Lateral 10K, and more fully described in Appendix "A", ~hich, by
reference, is made an int.egral part of this .agreement.
II. THEP~FORE, the party of the SECOND part .agrees to construct the
additional sewer line and deduct the deleted sewer lines, as
indicated in Appendix "A", furnishing all necessary labor,
material, and supplies at the Contract unit bid prices, as
shown in Appendix "A". The total deduction to this Contract
being Sixteen Thousand, One Hundred NinetY-Six Dollars and
Sixty-Five Cents ($16,1~6.65).
P~ge 2
III. It is further .agreed and understood that the Coqtract time
will not be extended, and that this change shall not alter
in any manner the force and effect of the original Contract
dated September 2, 1965, and the sa~e shall stand in full
force and effect in all respects, except as amended by this
agreement.
Recommended for Approval:. H ~ S CONSTRUCTORS
RUSSELL ~ AXON
CONSULTING ENGINEERS, INC. B~~_.~L.~
By~ Accepted:
CITY OF DELRAY BEACH
PALM BEA~/fCO(IfrY
Approved as to form: DELRAY BEA~, FLORIDA
By By
City Attorney Mayor
City Manager
Attest:
By .....
City Cl'e~k
APPENDIX "A"
PROJECT NO. 5964-8-b
DELRAY BEACH; FLORIDA
Addition of Lateral 10A2 gravity sanitary sewer line on N. E. 3'rd Avenue
between N. E. 14th Street and N. E. 1Sth Street.
Contract unit bid items:
Excavation ~ backfill, 0-6' cut 149 ft. 951.65 $ 245.85
8" V. C. sewer pipe 149 ft, 851.60 238.40
6" V. C. service pipe 127 ft. @$1.90 241 50
8" x 6" V. C. wy-es 4 ea. 858.00 52.00
Shallow manholes 1 ea. 85190.00 190.00
Stubs in manhole 1 ea. 8520.00 20.00
Limerock base replacement 12 c.y. 852.40 28.80
Asphalt pavement replacement 33 s.y. 853,00 .99.00
Sub-total - Additions $1,095.35
Deduction of a portion of Main 10, Lateral 10J and Lateral 10K, gravity sewer
lines North of N. E. 22nd Street.
Contract unit bid items:
Excavation & backfill, 0-6' cut 1035 ft. 051.65 $ 1,707.75
Excavation ~ backfill, 6-8' cut 1415 ft. 852.25 3,183.75
Excavation & backfill, 8-10' cut 155 ft. 055~10 480.50
8" V. C. sewer pipe 2605 ft. 851.60 4,168.00
6" V. C. service pipe 980 ft. 851.90 1,862.00
8" x 6" V. C. wyes .$7 ea. 858.00 296.00
Shallow manhole 1 ea. 05190.00 190.00
Standard manhole 8 ea. 85240.00 1,920.00
Additional manhole depth 16 ft. 8525.00. 400.00
Stubs in manhole 3 ea. 0520.00 60.00
Limerock base replacement 1260 s.y. 852,40
Sub-total - Deductions $17,292.00 '
TOTAL CDEDUCrION) $16,196.65
.... " 94-H
P~ge 2
Thetotal deduction to this Contract by this Change Order being Sixteen
Thousand, One Hundred Ninety-Si~ Dollars and Sixty-Five Cents ($16,196.65).
RUSSELL& AXON H ~ S CONSTR~CTORS
CONSULTING ENGINEERS, INC. CONTRACTgR
Superintendent
PERIODICAL ESTIMATE FOI PARTIAL P~YMENT
FINAL 7 SEP~R 2;~, TO ~ ~2~ ~9 66
(2) (~ (4) ~) (~ (7) 4~ (9) ( ~ O)
~ lo
6-8~ ~C. 4~0 ,2.~ 9,517 50 3195 ~7,188 75 2,328 75 76
Scoa ~avaCi~ & ~-
8-ZO~ ~t, Z557 ~ 3,10 ~4,826 70 ROZ8 ~ 6,255 80 -],42g ~01 100+
10-12' ~, 16~ ~ ' {,{0 ~ 8,6{9 ~ 1379 %7,032 90 1,586 lC 82
S~Me ~va~i~ & ~ck-
12-1~' ~t. 1320 ~ ~7.05 '~9,3~. ~ 1270~ 8,953 50 352 5C 96
· ~ pl~. ~97 5.~ 985 ~ 176 ~ 880 O0 105 OC 89
· e.~ p~. ~50 ~ 2.75-~3,987 50 1434.~3'943'50{ 44,0~ 09
· e~r pl~. 1581 ~ 2.10 ~ 3,320 lO 1597
· ew~ pi~. Z~96 ~ 1.~N 2Z,9~3 ~ 11147: ~]7,83S 20 4,078
fled clay pi~ oe~tce ~ ~
fled cley pi~ elL'vice ~ ~X ~
V.C. ~el & IC~rm. 2~ 17.50 ~20 ~ 26 455 O0 - 35 00: 100+
V.C. ~em & mt~m, 25 15.~ 375 ~ 23 345 ~ 30 ~: 92
Page 2. a 9~.;~
PERIODICAL ESTIMXTE FOR P&KTI,&i, PAYMENT
59~-8b
P. O. ~x 23~0
FINAL
~ESTI~TE~... 7.__ F~ SEP~R 2, t96~, TO HA~ 221 ~9 66
16 Fur. 6 ~stall
V.C. WeS a s~oppers. 261 8.~ 2,~ 2.~0 ~N 1,~40!00] 248{ 89
17 Fur. ~ inatall 6" x ~" ~ nn~
V.C. double ~e bran- 16 ~ 6.~ 96 ~ 11 ~ 66 O0 30 69
che8 & s~oppe~s.
8~11~ ~n~le. 9 ~ }190.00 1.710 ~ Il ~ 2, ~qo~O0 : 380'00: 100+
21 Co~ ~ch for pr~w~
co~ze~ i' ~ ~n~lem 59
12 F~. mt'l~ & co~r~c~ I
ad~t'l v.r.d.p,h of
~ ~ 8t~rd ~n~lo. 1~3 25.~ 3,575 ~ lS5.g 3,395 OOi 180.00 g5
!3 F~. ~trl8 & co~ct
drop m~le PtP~8, lI 2~.~ 3~0 ~ 1~.1 ~79F?S - ~29 2Si 100+
cut-in ~o exio~lq mn- ~ I 100 O0 '
~le. I ~ { ~.~ 50 2 50 00~ 100+
~ur. & lnatlll
s~ubs in ~leo,
various sizes & depC~. 6 ~ ~20.~ 120 ~l 3~ ~ 60 60100t 50
Fur. & ~.,t.u ~o"
C.I. force ~lu. 39~ ~ N ~.~ 18,9~ ~ 375 ,
O0
95
~ck ~cavmtion. .10 252 [0~ 452 45 20 18
L~er tef~ in p~ee.
trench. 5.00 5~ ~} 18.2 456 25 43 75
~0 ~1 for s~r pip~
~ddl~. ~ }~ ~.~ I~1~ ~ 1,I00 O0
L Fur..t'l..con.,~,
~nt. S 2.~0 22,932
Fur. ~'Is & const~c~
~ ~ '-1,719 0
330 ~ 68 2,049 O0
.
~nt replac~. SY
co.fete drtv~y pave-
-'- , ' $,. ?bo. ,.s,2~o.i
Pi~.IODICAL ESTIMATE FOR PARTIAL PAYMENT
596~-8b
--~ 1'. O. ~e= 2350
co~mtAcrOa H 6, S
PINAL
~~t~ ~. 7,. ~ ~1~ ~PTE~ER2,196~, TO ~R~ 22t 19 66
mt'la & c~t~ct
t~l~t. 10 ~ 2,~ 20 ~ 10% 20 O0 .... 100
rattle & c~t~ct
pleat. 15 ~ % A.~ ~ ~ ........ J 60 O0 ---
ru~ for use.
~.t. &~.t,, -- . ~/'~/ ,.520 ~.S.~ L.S. "4,S~O ~ .800 O0 100100
htch ~eT ~ ~ ~ ~ L.S. , 4~ 100
~11 ~ m L.S. [k 2,000 O0 ~00
~t~ ~ ~ . 1,~ ~ L.S. ~, ~,~OjO0 100
~Cri~ ~ ~ 1.~ ~ L.S. "~ 1,0~ O0 100
8~lx ~r ~ ~ ~ ~,~1 ~ L.S. ~ 9,091 O0 100
~t a cL~p ~ ~ ~.~~ L.S. ~ SO0{O0 ~00
price ~r ~b~ I
.~, _
'" ' ' ' qi --
CbmSe erMr ~ ~onq ....
ilem ~
I-i~ tt
4/1/~ 5 ~ird Avenue addition, SeacreS~ ~ ~S]~
deletion 1,095 1,~5 $5~17,292 ~
4/1/~ ~ Ad~ item, 14' to 16' cut to Con- ~~
tract
4,000
4,0~
~ . .
4/1/~6 Palm Trail ~dition ~ 2,927 15 ~. Z,927 AS
4/i/~6 ReconcJliati~ agree~nt ........ ~,797 60
1. AIALYIIS OF II~UI?[I COlTllgt ANOUIT TO OATE
~ii~ I~ iB ~1~ ~ ~e 21~089'60
168,750.15
M~ ~M ~ None {Final~ ...... ~ ...... ,
~ 168~730.15 ,
14~22
I. CEITIFICATIOI OF COITIICTOt
Aeco~ ~ ~ ~l& ot m~ ~ ~ ~]Jet, ~ ee?&J~ the& ~ l~m W ampi Mq ~ ~e
part et ~ ~ ~ ~tl ~t" h~ ~ ~iv~: FIN~
'-""".,/ z=
~lnal
CITY OF DELRAY BEACH
P.a.L~I BEACH COL~F~, ~LORYDA
PROJECT NO. S964=8;b
CHA~E'ORi~R NO. 5
This .agreement entered into this day o£ ,
1966, by and between the CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA,
as party o£ the FIRST part, and H ~ S CONSTRUCT, S as party o£ the SECOND
part, the same being a change or supplement to a certain Contract by and
between the parties aforesaid, dated September 2, 196S for the construc-
tion o£ a Sewerage Works Project in Area 10 in the CITY OF DELRA¥ BEACH,
PALM BEACH COUNTY, FLORIDA.
WlTNESSETH:
I. W~REAS, the party of the FIRST Part,desires' to a~end the Contract
to provide for the addition of an item for a 16~ cut, and other
subsidiary items,
- and -
WHEREAS, the deepest cut provided for in the Contract is for
fourteen feet,
- and -
WHEREAS, this additional depth of cut resulted from a change in
location of the sewer easement along 'the North side of Plumosa
$chool on land owned by the School Board,
'~ - and -
. ~REAS, the deeper cut was bottomed in solid rock, and in water,
, which required well pointing,
- and -
NI~REAS, this primary main must be located at the exact grade
necessary to' carry all sew. age bT gravity from the area West of
Seacrest Boulevard,
WHEREAS, it was necessary for the contractor to remove and replace
an underground concrete utility vault found to be in direct con-
flict with the sewer.
II. THEREFORE, the party of the SECOND part agrees to carry out all
of the extra work as indicated above, furnishing all necessary
labor, material, and supplies at the agreed lump sum price of
$4,000. The total addition to this Contract is, therefore, Four
~ ~ Thousand Dollars ($4,000.00).
IlI. It is further agr~ ~.~ ..... ~.~cod 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
September 2, 1965, and the same shall stand in full force and
effect in all respects, except as amended by this agreement.
H ~ S CONSTRUCTORS
CONTRACTOR
Reco,~'aended for Approval:
RUSSELL ~ AXON
CONSULTING ENGINEERS, INC. Accepted:
CITY OF DELRAY BEACH
By PALM BEACH COUNTY
DELRAY BEACH, FLORIDA
Approved as to form: By
Mayor
By
City Attorney By
City Manager
Attest:
By
CITY OF DELRAY BEAOt
PAlM BEACH COt~, ~IX)~IDA
SEWERAGE WORKS PR~
Pro~ect No. 5~4~8-b
~ O~ER ~. 4
This agreement entered into this __ day of
1966, by and between the CITY OF DflLRAY BEACH, PALM BEACH COUNt,. FLORIDA,
as party of the FIRST part, and H ~ S CO~STRUCTORS as party of the SECOND
part, the same being a change or supplement to a certain Contract by and
between the parties aforesaid, dated September. 2, 1965, forgme construction
of a Sewerage Works Project in Area 10 of the CITY OF DELRA¥ BEACH, PALM
BEACH COUNTY, FLORIDA.
WITNBSSETH:
I. WHEREAS, the party of the FIRST part desires to nnend the
Contract to reconcile the' final quantities as constructed,
with the' quantities aa originally bid,
WHEREAS, the £inal constructed quantities are set forth in
the Final Estimate No.~ 7,
- and -
WHEREAS, the Final Estinmte No.~ 7 is, by re£e~ence, m_ade an
int. egral part of this change order,
= a~d -
WHEREAS, the result of all deletions and additions to the
original Contract is a net unde~run of $13,067.10,
- and -
WHF. REAS, this change order, when si~ned by all parties· thereto,
constitutes final acceptance by the CITY OF DELRAY BEACH,
FLORIDA, o£ ail ~ork carried out under this Cumtract.
II. THEREFORE, the party of the S£CO~D part .agrees that this final
reconciliation change order supersedes any and all previous
correspondence or verbal agreements regarding deletions or
additions to the scope o£ the work carried out under this
Contract dated September 2, 1965 for the construction of a
Sewerage Works Project located in Area 10 of the CITY OF DELRAY
BEACH, PALM' BEACH COUNTY,. FIDRIDA, and the party of the SECOND
part further agrees that all quantities and prices shown on the
attached Final Estimate are correct, and that the amount of
Twenty-Three Thousand, Eight Hundred Fift¥-$i~ Dollars and Ninety-
.~.~
Three Cents ($23,8S5.95) constitutes final payment, includ£ng
retaiaage, for all materials ~urnished, and work performed under
this Contract, all in accordance with the torres of the original
Contract.
III. It is further .agreed and tmderstood that this change:order
shall not alter in any manner the ~aintenance, and performance
guaranties of the original Contract dated Septe~ber 2, 1965
and the sa~e shall· stand in ~ull force and effect in all
respects;
Recommended for Approval: H ~, S CONSTRUCTORS
RUSSELL § AXON
CONSULTING ENGINEERS, INC. B~~
B)~ Accepted:
CITY OF OELRAY BEACH
PALM BEACH COUNTY
D~LRA¥ ~EACH; FLORIDA
Approved as to for~:
By
Iaayor
city AttOrney
City' ~'ager
.--- City: ~lerk
PROP~RTI~.S IN VIOLATION OF ORDINANCE NO. G-147.
and SECTIONS 15-3 and 15-4 OF TH~ CITY CODE.
PROPER'I~ CITY
OWL~ER ADDRESS ,D.E, ~CR~,,P~O~ CODE
1.
A. Simon Eassa P.O. Box 35 Lots 20,21,22,23, 1'5-3
Delray Beech, Fla~ 24,26,29030 & 31,
Block 8. 15-4
2.
Kenneth a Geneva 430 S. W. 15th Ave. Lots 27 a 28, 15-3&
aussell Delray Beach, Fla. Block 8. 15-4
3.
Ruth Kannel 1405 Vermont Ave. Lot 15, 15-3&
Fort Wayne 3, Ind. Block 64. 15-4
4.
To L. & Marie P.O. Box 1448 Lot 18 less South 10 15-3
Jackson Delray Beach, Fla. feet, Block 4, &
Totterda le Addition. 15-4
5.
Dewey M. Butte11 744 Spring Drive Overgrown part of Lot
Northvi11~, Mich. 141, Tropic Isle. 15-4
6.
Maisie E. Buerk 337 N. Swinton Ave. Overgrown ~art of 15-3
Delray Beach, Fla. Lots 10, 11 & 12, &
Block 65. 15-4
7.
Frances E.Childers Po O. Box 1385 Lot 5, Block 5, 15-3&
Delray Beach, Fla. Del-Ida Park. 15-4
8.
Audean G. Holland P.O. Box 1501 North 260 feet of
Delray Beach, Fla. South 660 feet of 15-3
East 264 feet of
of NE~, Section 18-46-43.
Violations 15-3 & 15-4 as concerns this report are as follows:
1. 15-3 - Overgrown trash piles
15-4 - Weeds
2. 15=3 - Overgrown tresh piles
15-4 - We~ds
3. 15-3 - Garden ~rash
~-- 15-4 - Weed~
4. 15-3 - Pile of fresh, limbs, stumps, building material & j%~Nk
15-4 - weeds
5. 15-3 - Dead palm fronds, dead palm trees, uprooted shrubbery,
,-~ dead coconuts a broken planters
15-4 - Weeds &.overgrown shrubbery
6. i5-3 - Garden trash
15-4 - Weeds
7. 15-3 - Palm fronds
15-4 - Weeds
8. 15-3 - Trash pile along north side of building on northwest
property line
Submitted to the City Council by the City Manager
on this the llth day of Aprii, 1966.
This .agreement entered into this day o-~,
1966, by and between the CITY OF DELRAY BEACH, PAL~ BEACH COtI~TY, FLORIDA,
as party of the FI~T part, ~d H~JDAIL~-~M,-WRI~H' C~Y as party of
the SEC~D part, the s~e being a ch~ge or supplement to a certain Con~ract
by ~d betwe~ the parties aforesaid, dated ~tober 26, 1965 for ~phalt
pavement replac~nt in,he CI~ OF DEL~Y BEA~, PA~ BEA~ ~, F~RIDA.
WI~ESSE~:
I. ~ABR~A5, the part), of the FIRST pa~t desires to amend the Contract
to provide for the fatrnishing of Florida State Road Department
Type I asphaltic.concrete surface course,
- and -
NHEERAS, the basic C~mtract provides for fu~tishing Florida State
Road I)epartmen% ~ II asphaltic co~crete surface coupe, for use
on Cit~ streets,
~HEREAS, tho Florida State Road Deparl~enf has directed that
Hype I asphaltic concrete be used in.re-surfacing U. $. Highway
A-1-A from Brooks Lane to the Southern limits of the sewer s/stem
in Area 14,
- and -
~ltEREAS, the CITY OF O~LRAY BEACN has .agreed to.re-surface this
sectioa o£ highway, as directed by the state-Road Department,
as a condition to' the crossing permit.
II. THEREI~RB, the party of the S£CCIqO part agrees to repave U.S.
Highway A-l-A, u~ .ing l~lortda State Road Department Type I
asphaltic concrete surface course, at the .agreed onit price of
Sixty Cents ($0.60)' per tom additional to-the basic bid price
for TyPe II. The. total addition, to: this Contract being an
estimated' Three ~; $t~ty' llollars ($160.00), Clrreaicated
III. It is further .agreed and tmderStood thatthe Contract ti~ will
not be extended, and that thischa~g~ shall not alter in any
manner the force and effect of the original Contract dated
October 26, 1965 and the same shall stand in full force and
effect in all respects) except ms amended by this agreement.
I~OUDAI LLE -DUVAL -~RI (~iT COMP ~NY
Recommended for Approval: BY
RUSSELL ~ AXON
"' CONSULTING ENG.,INEERS, INC. ' Acceptod~
CITY OF DMLRAY B£ACH
PALMB£ACH COUNTY
By' DELRAY BEA(~, FLORIDA
By ......
Approved as to form: ....
By' ........
city. AttO~Jy ' Ct'tyT[~n.a~er
Attest;'
CITY OF DELRAY BEACH
PAI2~ BEACH. COi~, FL~IDA
PROJECT NO~
C~L~N~ ORDER NO. 2
This .agreement entered into this day of ,
1966, by and between the CI~f OF DELRAY BEACH, PAI~M BEACH COOhrl'Y,. FLORIDA,
as party of the FIRST par~, and Bb~fBY ~ STIMPSON, INC. as partyof the SECOND
part, the same being a change or supplement '~o a. certain Contract by and
between the parties aforesaid, dated December 27, 1965, for t'he construction
of a Sewerage Works Project in Asea 11 in ~he CITY OF DELRAY BEACH, PAI2/
BEACH COt~rY,. FLORIDA.
WITNESSE'I~rl:
I. I~IEREAS, the part), of the FIRST part desires to amend the
Contract to provide for the addition of gravity sanitary
sower lines, which are an extension of Lateral llA-E on L~ke
Drive between N. W. 17th Street and N. ~/. 18th Street, and an
extension of Lateral llA-G on N. W. 18th Street between N. W.
4th Avenue ~nd Lake Drive, and Lateral 1lA-B-! on N. E. 16th
Street between Swinton Avenue and H/~hl~md L~ and more
fully described in Appendix "A", which, by reference, is made
an integral part of this .agreement,
II. TH£REFO~, the party of ~he SECOND part ·agrees to construct
the additional sewer lines, as indicated in Appendix "A",
furnishing all necessary labor, material, and supplies at the
Contract ~mit bid prices, asshOWn in Appendix "A". The total
addition to' this Contract being Six Thotmand, Six Hundred,
Eighty-One Dollars and siXty Cents ($6,681.60).
III. It is further agreed and understood that the Contract time
wtll not be extemted, and that this change shall not alter
in any manner the force and effect of the original Contract
dated 9ece~ber 27, !965, an~ the Same Shall stand in full
force.and'effect i~,all respects, exCept as amended by this ·
.~zeement.
- 2 -
BiJW~BY ~ STL~fl~SON, fNC.
RUSSMLL ~ ~ Accepted:
~S~LTING ~GIN~E~, INC.
CI~ OF DEL~Y BEACH
P~ BEA~. ~'
DE~Y BEA~, F~iDA
By ~
~yor
Approved as to fo~:
By
By
CitY.Attorney
At,est:
Bye,, . CitY" Clerk'
APPENDIX "A"
TO
CI~GE 'ORDER NO, 2
PROJECT NO. sg64-8-b
DELRAY BEACH ~ F~)RIDA
Lateral I1A-E gravity sanitary sewer line extension on Lake ~rive between
N. W. !Tth Street and N. ~/. 18th Street, Lateral ]IA-G gravity sewer line
extension on N. W. 18th Street 'b~tween N. W. 4th Avenue ~d Lake Drive,
and Lateral 1IA-B-1 g~avity sewer line or~ N. E. 16th Street between Swinton
Avenue ~d H~ghl~d Lane.
Contract ~it bid i~e~:
Excavation 6 backfill, 0-6' cut 722 f~. 952.S0 $1,80S.00
8" V. C. sewer pipe 722 ft. ~$1.30 938.60
6" V. C. Semite pipe 440 fL. ~$1.70 748.00
8" x 6" V. C. ~es 11 ea. 8511.00 121.00
Shallow ~holes 1 ea. ' ~$180.00 180.00
St~dard ~oles 5 ea. ~$2~.00 600,00
Additional vertical d~th in m~ole ~ ft. a$25.00 69.00
Plugged st~ in ~hole 1 ea. 9512.00 12.00
Li~rock base replacement 360 s.y. 951.80 6~8.00
~phalt pa~nt replace~nt 40 ~.y. '~$~.~ 120.00
Misc. concrete in se~er t~nch 45 c.y. ~$~2.00 .~.~44~.~0
~AL
~e total addition to this Contrac~ by this ~ge ~er being Six ~o~d,
Six H~dred, Eighty-~e ~llars ~d SiXty Cents {$6,681.60).
RUSSELL ~ ~ B~Y ~ STI)~, INC.
C~SULTING ENGINEEr, INC.
RESOLUTION NO. 18-66. 94-W
A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING' COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY IN AN AMOUNT .AS. SHOWN BY RE-
PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach,~i~, in
and 10th of January,. ~.9.66 declare the exister~c~o~ a nui-
sance upon certain lots or parcels of land, described in a list sub-
mitted to them, for violation of the provisions of ordinance G-147;
WHEREAS, pursuant to such declaration, the City Clerk of said
City did furnish each of the respective owners o~ -the lands described
in said list with a notice describing the nature of the nuisance and
that they must abate said nuisance within thirty (30} days, failing
in which the City Council would have it done, and the cost thereof
would be levied as an assessment against said property; and
WHEREAS, the owners hereinafter named did fail and neglect to
abate the nuisance existing upon their respective lands within th~
time prescribed in said notice and Ordinance G-147, and the City of
Delray Beach was required to and did enter upon the following lands
and ~ncur costs in abating the nuisance existing thereon as described
in Me aforesaid list; and
WHEREAS, the City Manager of the City of Delray Beach, has, put-
su~nt to said Ordinance G-ld7 and the City Charter submitted to the
C~tY Council a report of the costs incurred in abating the nuisance
~ aforesaid, said report indicating the costs per parcel of land
~in~olved.
~OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1~. That assessments in the individual amounts as shown by the
..report of the City Manager of the City of Delray Beach, involving the
City's 'cost of abating the aforesaid nuisances upon the lots or par-
~e19 of land described in said report, a copy of which is attached
hereto and made a part hereof, are levied against the parcels of land
described on said report and in the amounts indicated thereon. Said
assess~nts so levied shall be a lien upon the respective lots and
par~el~ .of land described in said report, of the same nature and to
the same extent as the lien for general city taxes and shall be col-
lectible in the same manner and with the same penalties and under the
same p~ovisions as to sale and foreclosure as city taxes are collect-
S, That the City Clerk of said City shall, as soon as possible
after the ,effective date, record a certified copy of this resolution
~n the office of the Clerk of the Circuit Court in and for Palm Beach
~ounty, Florida, and shall furnish to each of the owners named in and
upon said report a notice that the City Council of the City of Delray
Beach, did, on the 13th o~. Decembert 1965 & 10th of January, 19.66
order the abatement of a ,ggNt~in nuisance existing on theirdescribe~
property a.n4 proper~y ow~Pr %a~ing ~d to abate such nuisance,
within the 30 day p~riod.,W~ere~pp.~ i~ ~$ abated by the City at costs
shown in ~aid report a,nd s~oh ~ss~ss~ shall be legal, vali~ and
binding ~bligations 9~on ~he prOl0~kY'against which said assessments
are lev&ed. T~!s r~olutio~.pk&il becomeeffective 30 days from the
date ~f adop~i°n, ahd.~9~Ssessments contained herein shall become
due and payable%h.~t-Y days after the mailing date of the notice o£
said assessme~t~ afterwhich inte=est shall accrue at the rate o~ 6%
per annum on any unpaid portion thereof.
PASSED AND ADOPTED in regular session on the llth day of
April , A.D. 19 66
94-X
COST OF ABATING 5~3ISANCES UND.~R ORDINANCE NO. G-147.
PR~PER~fDESCRIPTION ~PN~R ASSESS'M
December 13, 1965~1ist.
West 85 fee% of East 295 feet Joseph & Helen
m/1 of South 136.3 feet of Signorello $24.00
North 1090.3 feet m/1 of SE¼
of Section 9-46-43.
ganuary 10~1966...~.ist.
Lot 10, North half of Block 22 George A. Wallace ~ $62.50
East half of Block 21 less
North 235 feet and less Eliza Pry~r Estate $40.00
South 240 feet.
ORDINA~CI~ ~0. 24-66,
AN ORDINANCE OP T~ CITY COUNCIL OF T~ CITY OP
D~Y ~, F~R~A, A~NG TO T~ CITY OF
DE~Y BEACH C~TAI~ ~ ~LY T~T P~T OF
T~ NORTH 165.27 FEET ~ ~ ~STE~Y 189.50"~ET
OF LOT 5, ~Y SE~LL~ SUBDI~SION L~NG ~ST
OF U. S. NO. 1 (F~E~L ~G~Y) ~I~ ~
CO~IGUOUS TO E~STING M~ClPAL LI~TS OF SAID
CITY~ ~EFI~ ~ ~IES OF SA~ C~ TO
IN~E SAID '~ PRO~ING FO~ T~ RI~S A~
O~IGATIONS OF SA~ ~ A~ PRO~DING FOR
ZONING ~OF.
~AS, ~ODO~ M. ~USHIN, T=ustee, is ~e fee s~ple
o~er of ~e property here~after descried, and
~S, T~ODO~, M. TRUSHIN, Trustee, by his ~t~t~on,'
consented and given per~ssion, for ~e annexation of said property
~e C~ty of Delray Beach, And
~S, the C~ty of Delray B~ch has here~ofore~been au~or-
ized to a~ lands in accordance with. Section 185.1 of the City
~er of said City gran~d to it by the State of
~W, ~FO~ BE IT O~AI~ BY T~ CITY ~ OF T~
CITY OF DE~Y B~CH, FLO~DA, AS FO~OWS:
~ION 1. That ~e City Council of ~e City of ~lray
Beach, Palm Bea~ County, Flori~, hereby a~exes to sa~d City the
following described tract of. land located in Palm Beach Cowry,
Florida, which lies contiguou~ to said City,
~at part .of ~e ~orth 165.27 feet of ~e Westerly
189;50 feet of ~t 5, ~Y SE~ER SUBDI~SION
lying East of U. S. No. 1 (Federal Htgh~y) Palm
Bea~ County, Florida.
SECTION 2. ~at the bo~daries o~ ~e City of Delray Beach,
Florida, are hereby redefined so as to include therein ~he above
scribed tract of land and said lan~ is hereby declared to be within
~e corporate limits of ~e City of Delray ~ach, Florida,
~CTION 3,. 'That ~e ~act of land hereina~ve described
h~reby declared to ~ in Zoning District C-2, as defined by ex~st~ng
ordinances of the City of Delray Beach, Florida.
~C~ON 4. ~at the land heretnabove descried shall
ately ~cOme s~ject to all of-the fran~ises, priv~leges,
debts, obligations, liabilities, ordi~nces and laws to which lands
~n ~e City of Delray Beach are now or ~y be, and persons resid~g
" thereon shall:be deemed citizens of ~e C~ty of Delray Beach.
S~I, ON 5. ~at ~f any word, phrase, clause, sentence or
part~ of ~is ordinan~ shall be declared illegal by a ~urt of co, e-
tent J~isdiction, ~ch record of i11egallty' s~11 in no ~y affect
the remain2ng ~rtion.
PASSED in 're~lar ~eeion on se~nd and ~1, reading on
~e llth day of ~[1 , 1966.
MA~R
A~ST ~
City 'Clerk
First R~d~ng ~h 28, ~96~ ...... Second Read~na AD~il 11. 1966
01M:)INANCE NO. 25'66.
AN ORDINANCE OF THE CITY COUNCIL O~ THE CITY OF
D~L~Y BSACH, ~LO~DA~ A~NG TO T~ C~ ~
D~Y BEACH CERTAIN L~. ~LY LOT 8, LA~
IDA ~NOR, '~ ~ IS CO~IGUOUS TO E~STING
~ICIPAL ~IMITS OF SA~ CITY= -~DEFINING T~
BO~ARIES OF SAID CITY 'TO IN~UDE SAID L~
PRO~DING FOR T~ RIGHTS ~ OBLIGATIONS OF
SAID ~ A~ PRO~DING FOR' ~ ZONING T~REOF.
~EREAs, A. ~. DAINO an~ ~RY C. DAINO (his wife) are ~e
fee simple o~ers of ~e Property her~inafter descried, and
~S~ said A. J. DAINO and ~RY C. DAINO (his wife), by
%heir ~tition, have consented and given p~missi~ for the annex-
ation of said property by ~e. City of Delray Beach,
~AS, ~e City of D~lray Beach ~s heretofore been author-
ized to annex la~s in accordance wi~ Section 185.1 of ~e City
Charter of .said City granted to it by the-S~te of Florida;
NOW, T~FO~, BE IT O~AI~D BY T~ CITY CO~CIL OF T~
CIT~ OF DEL~Y BEACH, FL~I~, AS ~LLOWS:
SE~IO~ 1. That the City Council of the City of Delray
Beach, 'Palm Beach County, Florida, hereby annexes to said City ~e
following described tract of land located ~n Palm Beach County,
Florida, ~iuh lies eontiguous to said City, to-wit:
~at tract of land, namely Lot 8, Lake Ida
Manor, per Plat Book 23, page 138, P~lic
Record's of ~a~lm Beach County, Florida.
SECTION 2. That the boundaries of ~e City of ~lray Beach,
Florida, are hereby redefined so as to ~nclude ~erein the above
se=.ibed tract of land and said land is hereby declared to be within
the corporate limits of ~e-City of Delray B~ach, Florida.
~I.ON ~. That the tract of land hereinabove de.rind is
hereby declared ~o be in Zoning District R-1AA, as defined by exist-
ing O~d~anaes~ of the City of Delray ~ach, Plorida.
~E~ION 4. That the land hereinaboVe described sba11 l~d~-
ately be~ s~ect to all of the-franchises, privileges, i~unities,
debts, o~ationS, liabilities, ordinances and laws to which lands
~n the City of De,ray Bea~ are now or ~y be, and per. sons ~esiding
thereon ~11 be deemed citizens of the City of Delray Beach.
SE,~N ,~ That if any word, ~phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of com-
petent J~.~sd~ction, such ~cord of illegality shall '~n no way
affeut the re~ining portion.
PASSED in regUlar session on the sec~nd~ a~=~nal, reading
on this ~e llth day of App,% , 1966~
/s/ a~, ~. A~e~ ~ ..
AT. ST: M A Y O R
/S/ B. D. Wo~thln$ City Clerk
First Reading March .~8t ~1~,~6 Second Reading ADrfl 11. 1966