05-09-66 ~¥ 9, 1966o
A regular meeting of the City Council of Delray Beach was held in
the Council Changers.at 8~00 P~M., with ~yor Al. C. Avery in the
Chair, City Manager Duvid M. Gatchel, City Attorney John Ross Adams,
and Councilmen J. Le~y Croft, Jmmes H. Jurney and Jack L. Saunders
being present.
1. An opening prayer was ~elivered by the Rev. Linton Lawrence.
1.a. The Pledge of Allegiance to the Flag of the United States of
America was given.
2. The minutes of the regular meeting of April 25th and special meet-
ing of May 5th, 1966, were unanimously approved, on motion by Mr.
Saunders and seconded by Mr. J~rney.
3. Attorney Sidney M. Dubbin of West Palm ~each, representing Joseph
James, who is presently serving a sentence in. the Municipal Jail, said
he had recently filed a petition with the Council by letter of May 2nd,
directed to Mayor Avery, requesting that Joseph James' sentence be sus-
pended and that he be allowed to make restitution, in the nature of
payment o~f medical bills, to an individual with whom he was~ engaged in
a fight, that said payments be made through the office of Attorney
Dubbin; further, that Joseph James would not return to Delray Beach.
City Clerk Worthing then read the following letter from Municipal
Judge James W. Nowlin, Jr., dated May 9, 1966=
"Re: Joseph James, Case Nos. 16203 and 16383
I mm in reCeipt of a copy of a letter from Mr. Sidney Mi Dubbin
requesting remittance of a sentence pursuant to Section 57 of
the City Charter.
I have previously talked to Mr. Dubbin and agreed to make a
recommendation that the sentence be remitted, although I am
disturbed at the way Mr. Dubbin treats this as a very minor
matter involving a dispute between a husband and wife. James
was twice before the court in Case No. 16203 on charges of
disturbing the peace by threats of violence and disturbing
the peace by assault and battery which threats and assault
were directed toward his wife, Frances James. At the first
hearing, no punishment was imposed on James on his promise
to stay away from his wife. However,. it appears that sub-
sequent to this hearing he immediately began a campaign of
harrsssment and malicious mischief. Among' the things brought
out at the second hearing were the facts that the defendant
on no less than six occasions slashed the tires of his wife's
automobile. He continually harrassed his wife over the tele-
phone until she was forced to get a private nUmber and then
'through some method, the defendant discovered the private
number and continued his harrassment. He also continued to
hang around her house, open her mail, and made many more'
threats~ As a result of all this, at the second hearing I
sentenced James to thirty days in jail and levied a fine of
$150.00 or thirty more days in jail which fine was suspended
providing the defendant made reimbursement to his wife for all
the damage he caused.
Case No. 16383 arose out of an assault on Preston Wright. The
evidence brought out at the trial showed that the defendant
was hanging around the house of the wife when he discovered
the presence of Preston. Wright in the living room. ' He t~ere-
upon Crashed his way through a jalousie door and attacked
wright with an ice pick, inflicting wounds about his chest
and collapsing a lung. W~ight had very extensive medical and
s/9/66
"hbspital: bills and I .felt that the best .intere&t of all-con-
cer~ed would~ be- served by -seeing t-hat Ja~es took cage ~f
Wright' s medical bi.lls. I thereupon fined~Jame~ $~500.00 o
ninety% ~s-in jail *~4',sm~ended ~is Se~e providing he
pay the mediua, t bills. ,
Since the sentence in the second case has already been sus-
· pended~, Z do,~ot see that any. action is n~essar~ on the
of. the City.~*Co~isei~. J~es. i.s n~ ~ Jail .~der the thirty
day sent~ce in Case No. 16203 an~ I ~u-l~:r~end to the.
' City Co~isSiom, ~at th~s ~rtion of his aent~ be suspended
pr~ide~ he..pe~anently r~ove himself from ~e City of Delray
Beauh a~-~,~pa~en~s .as prouided to ~ces J~es. and Presbon
Wright, or to the doctors and hospital tn .~estion t~ough the
~. ~ey moved ~at.. ~e .recordation of ~e City. Judge of Del-
ray Bea~ be aoue~ed, ,the ~t~on being eecon~e~ b~ ~. Saunders
unan~oUs ly' carried.
3. ~. ~begt *D. He~ng, '100t S. W..Sth Street,., comp~in~d to ~ouncil
of a dog in his neig~orhood ~ving dist~per, ~d as a result, his
d~ had "~is~per and ha~ to be 'disposed of~ ~./Henning s~d he ~elt
there e~uXd be a 'law pasS~ that when .a dog .is reported *~0 be sick,
the ~Ii'c6-~uld have au~thority to pi~,-up ~e-dog and have it e~ined,
and ~s~sed of, i~ it h~ suc~ a disease.
A Police report ~s s~mitted ~d read to ~uncil concerning
~og in ~estion belonging to Mr. Julio C. B~ett S~son, which stated
that ~. S~son ~id hi-s dog had-heart woms, but ~at ~--~1~ have
i.t e~ine4 by a- ve~e~nari~. City Atto~y A~s..i~e~ Council
that he ~uld ~see that ~.~e. Police fOlt~ that ~p ~ ~at he feels the
suggested ordnance ~ould be
~yor ~ve~ suggested a motion ~t the City Atto~ey be directed
to tight~~ '.the ordinance an~ to fo11~ .through on ,~. H~ing'~ re-
.est. It ~s ~o ~d by ~. Saunder~, seconded~ by ~, JurneF and
3. ~. Pau'~ ~i~ey~ rep=e~ting ~e ~a~ ~ of De!xay Beach}
~uncil ~at it was one of ~y-f-ive flag& t~ Kiwani~ CI~ h
chased ~or presentation to the City~ and ~h~t arrang~nts have been
~de ~th Ci~.~nage~ ~atchel ~d ,~. ~biU ~verett ~_flM said flags'
on-National hol.idays~on-~tlantic.,Av~n~ a~d N~ E. 2nd Avenue where the
brackets are m~e~ for ~hris~as. ,decor~ti~s. .
~e Ki~n~ ~l~'_was ~ked~ a~ .u~limented on their very ,patri-
otic effort in~;~c~sing sai. a flags and. pres~ting th~ to th~ City.
4. ~. Cr~t re~'; he' Beautifm~atmon ~ittee;~e~in9 minutes of
Co~%~i~g paragraph ~ of th~ April 27th mi~uteS~ Mayor Ave~2 sug-
transferred<to the~ti~ncy ~, Fiance DirectOr ~r e~lai'ned
at the ~nd of the ~ear, ,i~ ~ul~*au~ally b~e.a ~art ~f the
Gene~l~nd.' (Jay0ees~%eautifioation. ef a-~ea at P.~E.C.' R~lway cmoss-
ing~ and Atlantic Avenue.j)-
4.a. A roll call sh~ed the foll~ing OivtC ~r~i~ a~ .repr~
send.yes to be in
-2- 5/9/66
111
this community to~:t~ke"a~antage of Palm Beach 'Cou~ty~.s educational
program of Exten%~.~fome~.-Econom~*cs in "fur~;her, betterment of individual,
family and c°nm~unity'~.cl.iving~
MayOr Avery asked'-th~t'.City~Cle~k Worthing .mail a copy',~f, said Pro-
clamation to Mary L. Todd, Extension Home Economics Agen% of~.,Palm Beach
County.
5.a. Mr; Jurne~: a~k~the statUs~'of the~'paving of a-. street lying be-
tween S. E. 5th and..6th Avenues~ just.-north of De/ray Interiors and
south of~ the Woman's Clu~ building.
City'. M~nager'.Gat~_hel' reported that said street had, be~-~-referred to
the City Ehgineer.. t= prepare for surfacing, ~nd;that ~uld be:d~ne at
the' ~ime of. the n~xt surfacing projeCt from the ~ene~al 1~, .
5.a. Mr. Saunders informed Council that Mr. Joseph W. Bath, -Principal
of the new P~ne Grove Elemen~ar~ School on S. W. 10th Street, had in-
quired about :the Sidewalk-s~uatiDn -in that' vici~/ty.~ :
i't was pointe~ out thaC: the ~ine Gr~e' School site~ is. not within
the City.
Mr. Saunders requested that the City Manager have the City Engineer
prepare figures' on wh&t sidewalks at tha~. *location woul~ .c~s~
5.a. Mr. Saunders said that he t~hough~ the Council should., uomp'liment
Mr. Mak WOehl~ ~on his fine job of fencing in,%is junk yard,
Ci~Manager was directed ~o write a letter to'.Mr.' Woehle informing
him that the City Council wishes to comm~n~ hi.'m on~ ~he progress., he had
made. - ~
6.a. ' Concerning proposed Change' Order No. 2, affecting 'Int~co,unty
Construction Corpor~tion:'~.contract for construction of Area 1~ in.-~he
Sewage Works Project, City Manager Gatche'l.~nform~d!,Cou~ci!_,'that the
change order provides for the addition o~ several small bet~ermen-t, and
convenience items' at 'Lift Station 14, which-were requested by .the _City
Sewer Department Superintendent, in the best irrterest of .-s~fe.~.an~ ef-
ficient operat.ion, of the lift stat/on; further, the total cost for said
items, as identified in the change order, is $398. 00~ '. and Council:'.ap-
proval therefor is recommended.
Mr. Saunders moved-that Change Order No. 2, affec,ting Intercounty
Construction 'corporaCion.'a contract, be approved, the m~tion being se,
c0~ded by Mr. Croft and unanimously Carri'e~. See~*'pa~es 118..~,118.B.
Cop~ of C~sn~s 0~e~ N~'~ ~ attaehed-.'to the ~ff.!otal:=og~ uf mtm~tes~*
6.b, Concerning 'Cha/~ge Urder~No. 3, reflecting final estimate of the
contract" Wi'th' ~nterCOUnty construction Corporation. fo= ~Area t4, City
Manager ~atchel reported-tO Council as f61~ows: /Change. order.
relative'tO 'Intercount~ COnstruction Corporation's
AUgust 28, I965,: provides for r~conciliation of ~all differences between
the 'As Built' quantities and the bid quantities. Said Change. Order
also reflec~s the result of 'any 'Deletions or .'Additt, ons to,the .original
contract, and all such variations are set forth.in-detail-in. APpendix
'A'; attached' to and forming a part-of the :Change Order.-
Said'~Ch~ge Order is further ~supl~lemented by Final Estimate No.
in the amount 6f $~24¥.399.46, attached-thereto, and re~lects the Con~
sulting Engineers' .recommendation for final~ acceptance 9f, anti-.payment
for, th~ completed contract for Area 14. The City Engineer concurs in
this recommendation and the final estimate has been reviewed,, computa-
tions and final estimate checked, and to that extent approved by your
Director' of Finance,
The. pleasure of Council concerning Change Drder No. 3 ~s rmgues-ed.
Mr. Saunders. moved that Change Order No. 3, affecting Intercounty
Construction Corporation.' s contract, be approved. The~mOtion was:. se-
conded by Mr, croft and carried UnanimouSly. ~.~p~ of ~h~sc.~d~,~' 3
is attached t~_~ the~. efft01al 0opy of minutes. Se'sppages:.:!l~8~ O 11~i J.
6.c. toncerning'a survey of. parcels of land ih.viulatio~ of
nuisance laws 'presented by, the City Manager, Mr. Croft moved that the
City Clerk be directed to proceed wi-th~ the.~en~or=emen-t of Cha~gr-. 15
of the~ C~de 'of Ordinances.: *The motion was~ *seconded 'by Mr~ ~ Saund$rs and
earriec~, unan,tmouslv~(CopY Attached~., ~oee. {~. 5/9/66
112
6.do Regard/rig consideration of bids received for sidewalk and road.
co~str~ction, City ~M~nage.r.Oatchel reported to Council as follows
"At a special Council meeting held on Thursday,. M~y 5th, the following
bids were received:
Gra~ing, Preparing Base and Installing approximately 14,000
feet of SIDEWALK:
THICKNESS TH.ICKNSSS TOTAL
.11,900'- '4" 2,100"- 6"
Green & Matra, Inc. $29,869.°00. $10,101,00 $39,970.00
Hardrives of Delray, Inc. 29,036.00 10,059.00 $9,095.00
Hou~ai 11e-D~va t-Wright Co~ 23.,562.00 5,880,00 29,442°00
Rubin Construction-Co'. 33,6?7.00 7, 09~o 00 40~775.00
Said bids were referred to the City Manager and City Engineer for
tabulation and study, and., asa result-~hereof, it is recommended that
award ~for ~he sidewalk installation be made to.the lo~b~er,. Hou-
rial lie-Dural-Wright Company, for the sum of $29,442,00."'
· 'Mayor Aver~asked the amount of the Engineer's prelimin~ry estimate
on sa-id s~d~wa'~k construction, a~d the City Manager ~eported that fi-
gure was approximately ~i,000.00.
Mr. Croft move~ that said contract be awarded to HOudaille-Duval-
Wright Company in the amount of $29,442&00. The motion was seconded
by Mr; Ju=ney and carried unar~mouslyo
C4ty-.Manager ;Gatchel informed Council that the reason for taking
action separately on awarding the contracts for construction of side-
walks and the paving of a portion of S. W. llth Avenue is that the
proper legal action, instigated by Council, had been taken providing
for the co:st of the sidewalks to be paid, on a cost sharing basis, by
the City and the abutting property owners.
The City Ms_~ag~r said that bids had been recei~ed.~ as follows, for
Fi~ling, Grading and Paving that part of S. We llth Avenue lying be-
tween 2nd a~d 3rd Streets:
Hardrives of Delray, Inc. $5,888.00
Rubin Construction Company 6.,813.12
The City Manager continued: "We would like to. recommend to .you
Chat award for the improvement .of said portion of S. W. llth Avenue be
made to the low bidder, Hardrives Of Delray, Inc,, in the amount, of
$5,888.00, but I would like to call to your attention, Gentl.eme~, that
streets are:normally pave~ on an assessment bas.ia~ therefore., T- would
like to ~recO~mend to you ~chat in conjtu%otio~.'wit~ the award of contract
to. the l~w bidder, as recommended, if you see .fit, that you f~rther in-
struct the.City Administration to proceed as in past policy w~th a pro-
V~sion for sharing of cost for the installation of-the road."
.~. It was:stated-that t~is road..installation ~sh~uld.be on a cost
~ring basis of 80%.'to~t~:.p=operty owners' and-20% ~o the
Mr. Croft 'th~n ~oved that the low bidder, Hardrives o~ De~lray, Inc.
be awarded th~ contract in't~e .amount- of '~-$,888,00 ~..a~-~ the proper-
~y owner~ ~e a. saessed on a~ ..~,20 basis. 'The. ~ao~4~oA ~"secotlde~ by
~r~ Jur~ey and carried un-arr/meusly.
7.a? City Clerk Worthing_ informed Council ~hat a pe~A~on..~.~o~ ~is-.
pel~sing-beer An cc~unction with. a Lure's Restaurant., to. be 10~pted at
1645 North-Federal'Highway, has been received~ from Lum~s~ ~nc., who
are currently in':the pro~s of improv-ing a tract of Land on t~he north-
ea-~t corner of Royal ~a/m Bou2e~aEd and Nort~ Federal ~ghway~ further,
that all regulations and.requirements for such activAty b~ving been
met, including approval o~ the applicant by th~ '~ro~e= City Law Divi-
sion and the State -Beverage Department, it is reco~en~ed that the re-
quest.be granted,
The Council queStiOned ~granting such a petition since the property
has not ~et been annexed.to, the Cit~.
City Attorney .~d_~S. pointed out that the Ordinan.ce providing for
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annexation of sai~ property is .on the agen~a.-~for, ton~gh~,.', a~d that he
feels it is in the best ~teres~. of the-City to annex the property.,
Ma~or AVery suggested.that.:a.motion approving.sai~ .petition for a
beer license be contingent upon the passing of the ord',~ance annexi.n.~
said property. It was- so moved by Mr. Jur~ey, seconded by Mr. Croft
and unanimoUsly carried. - ~ -
8.a. City Cler~*WOrthing presente_d~RESOLUTION NO. 20-66.
A ~ESOLUTION OF' T~E CITY COUNCIL OF TH~ CITY
OF DEL~AY*'~EACH~ ~FLORIDA. ASSESSING COSTS FOR.
A~ATING'NUISANCES UPON CERTAI.N~-LANDS LOCATED
WITHIN SAID* CITY,~ SETTING OU~.~ACTUAL COSTS..~N-.
CURRED? BY ' SAID CITY. TO. ACCOMPLISH $~CH ABATE~
MENT AND LEVYING T~E COST OP SUCH ABATEMENT
OF SAID NUISANCES, AND DE.CLA/~ZNG-i SAID LEVY TO
BE-A LIEN UPON SAID PROPERTY I~ AN AM0~lqT AS.
SHOWN ?*BY REPORT QF .THE CITY MANAGER OF__DELRAY
BEACH~ . ~/~.~)RIDA o.
(Copy of Resolution No, .20-66-and accompa~fing assessments ar.e
attached to the official copy of these.minutee.) See 9aBes* ll~M-118-N.
Resolution No. 20-66. was unanimously *passed and a~opted-.on this
first and final reading, on motion by Mr. S. aunders~.~nd seconded by
Mr .:' Oroft.
8.b. The City Clerk presented RESOLUTION NO.-*.21.66._.. _ L =.' :*:'
A RESOL~/TION OF T~E CITY COUNCIL.OF T~CITY .-.,. -
OF DELRAY BKACH~ FLORIDA, RELATING TO, THE /~E- ,.
MOVAL OF THE/FLORIDA EAST COAS~ RAI-LWAY.S. TATION.
(Copy of Res'olution No. 21-66 is attached to' the official copy of
these minutes.) See ipage~l-18.-K ..... .. . .. *.
Mr. Jurney moved that Resolution No. 21-66 be passed .and adopted
on th/*s .*first and. 'f~'n*al reading, th~- motion* being~-secon~ed by, Mr.
Saunder~ ~.
Mr. Saunders asked if there is 'a time limit on the removal of
buildings,~ an~ questioned the cost-invol~ed ia remo.~al.
City M~nager ~atehel answered'as follows::~ 'LThere have/)een ..no
commitments'~ade-°n the Ci~y?s part at this time as to ,any ti~e ~limit
for removing th/s.building~ neither has the~e-hee~ any eeti~a~e:as to
what it .woul~ cost to remo~.eSthe.buil~ing. -I ~roul~ like t.o .say,
answer to your .cluestions-an~ as-a .little a~itional infor~atiu, n, that
this Resolution has=really.been ,pu~hed*~y the ~hamber .of. Commercp,
through ~he ,leadershi~' of ~heir- President, Mr.. LeRoy, Merritt~.. We.have
met with.'the~, ~and* through *the eff~rts or,the Chamber. of Commerce led
by Mr. ~erritt, 'they ha~e contacted, t~e ~ffi~als of the F. E, Co
Railway in St. Augustine and they have found tha~..this *i.s possible in
a *sim/lar vein~ in fact an i~e~tical:vein,~as.;the 'City. of-Boynton B~each
disposed of their station. *An'.~id~mtical resolution was ~passed by the
City-of ~oynton Beach an~ .a~=o~.ed ~¥~the F. _Eo * C-.,.Ra~**lway. ,~ ~Thro~gh
contaut'with Mr.&* Kain,.-.the..City,~anager of:'BoyntO~:.~each, I *f&Ru%d .*~hat
it cost~..th~ City' of Boynton Beach.,.$800.00 totat.. :They asked.for:
from ~emolition contractors, an~,-they each bid on~demoliehing, the
buil~'ng~ * the low bid being -.for demolishing the build~ng~. ~for,* its sal-
vage valu-e plus*.'$800~0D cash,'; How ~that .woul~.compare.~i*~h .the-stat-ion
in Delray Beach, we haue ~'not gone into until we have .your approvalo"
Mayor Avery sa~d tha~,if :'sa~d work couZd~ be* a~co~plished- by .the -
City ,Manager within his budgeted ~un~s, that WOUld b~ satisfactory,
but. £f more money is:~neede~t 'the' Ct~yCManager-*.wi~l.~come back to. Coun-
cil for s~me. - , ...
- . _ 5/9/66
Mr. Jurney informed Council that he had been approached by two in-
dividuals desir, ing the lumber from said bui.!d/ng~ and that he did not
believe the cost to the City would amount'to very mu=he Mr. Jurney
was asked to refer said individuals to the City. Manager.
Upon call of rolt on ..the motion that Resolution No. 21-66 be passed
and adopted, the motion carried unanimously.
8.c. City Clerk Worthing presented ORDINANCE NOo 29-66.
AN ORDI/~qNCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ~.,~ONING ,AND PLACING
THE EASTERLY PORTION OF E% OF NS% 'OF S~% OF SE~. OF
SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43.EAST,
LESS ~ROAD RIGHTS-OF-WAY ON NORTHERLY AND EAST-
ERLY LINES~ ALSO THE WEST 333 FEET OF LOT '21,.
SECTION 20, T~NSHIP 46 'SOUTH, RANGE 43 EAST,
LESS ROAD RIGHTS-OF-WAY ON THE NORTBERLY AND
WESTERLY LI~, DELRAY BEACH, FLORIDA, ,iN. ~C~'3
WHOLESALE .DISTRIBUTION AND LIGHT INDUSTI~
DISTRICT", 'AMENDING "~ONING MAP OF DELRAY BEACH,
FLORIDA 1960".
(Copy Of Ordinance No.. 29-66 is attached to the official copy of
these minutes.)., See pa~e 118-0,
There being no objection to Ordinance No. 29-66, said ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Saunders and seconded by Mr. Jurney.
8.d. The .City Clerk presented ORDINANCE NO. 30-66.
AN. 'ORDINANCE OF 'THE CITY ~F"DELRAY BEACH, PALM
BEACH CODNTY~ FLORIDA, AMENDING CODE OF ORDI~
N~NCES OF T~E CITY OF DELRAY BEACH, BY AMENDING
~C~TION_, 22~1 THEREOF RELATING TO THE REGISTERING,
~NGERPRI~NTiNG AND PHOTOGRAPHING OF CERTAIN EM-
(COp~-O~ Ordinance No. 30-66 is attached to the official copy of
these minutes.) ~ee_pa~e ~lS-P.
During the public hearing-on said ordinance, Mr. Clinton Johnson
with the Has~e~ Johnson Lawn ~aintenance asked if this ordinance in-
cludes &11 bu.sinesses =e'gist~red in the City of-Delray Beach or just
some particular businesses.
City Atto=ney Adams said the Ordi-~ance ~i.ncluded the businesses
that the COtlnail feels should be reqtt~ated b~cause they have access
to properties, -but- ~oes not include all businesses o
There being no ,objection to Ordinance-No. 30-66, said ordinance
was unanimously passed and adopted on this second and finai reading,
on motion by Mr. Jurney and seconded 'by Mr. Satulderso
8.e. Concerning Ordin.anoe_ No. 32.66. relating to the rezo~i~ O~ cer-
tain lands, Mayor Avery Said this o~dinance requires som~ ~ion
and it seems indicated that a confe=ence~ is ~eeded
P~anning/~oning Board. owners of .t~eprop'er~i-es- involved, ~.,
Ritterbusch and others, and suggested that this ordinanc% b%
until such--conference can be.. arranged,
Mr. Cro~t moved tha~ O=~a~ce .No. 32-66 be tabled cH1 ~hat
the. motion bei~ng seconded' by Mr~ Saunders' ,and unanimously
8. fo City 'C~e~k Worth~ng, p=eset%~ed ~OttD-TNANCE NO..33£66.
LEVYING THE ASSESSMK~ AS SHOWN BY T~E ASSESSMENT
ROLL SUBMITTED BY TI~ C~,TY MANAGER OF SAID CITY
~/~/~s
1'15
CONCERNING THE CONSTRUCTION OF STORM DRAINS IN
SECTION ~"Q~' AS SHOWN ON STORM DRAINAGE'-SYSTEM.
SURVEy Fi~E T.F. 1868hQ, TOGETHER WiTH THE IN-
STAV.~%TION OF CATCH BASINS, -MAN-HOLES. AND AP-
PuR'TENA~CES 'IN CONJUNCTION WITH SUCH STORM ."
DRAINS.
(Copy of-Ordinance No.'33-66 and accompanying .assessment roi1 are
attached to the officia-1 ..Copy of these minutes.) See page llS-R.
There bei.ng no objection to the a~sessment r011-for construction of
storm drains in' section "Q", Ordinance No'. ~33-66 was unanimously passed
and adopted ~on this second-and final re~ding, on motfon: 'by Mr. Croft
and seconded by-Mr~ Jur~y. ' -'~ - ·
8.g. The City Clerk presented ORDINANCE NO. 34-66.
AN O~DINANCE OF T~E' ~ITY OF DELRAY-BEACH,
FLORIDA, LEVYING THE ASSESSMENTS AS SHO~N
BY THE ASSESSMENT ROLL SUBMITTED BY T~E CITY
MANAGER OF SAID. CITY, FOR CONSTRUCTION-OF
SIDEWALK FIVE (5) FEET IN WIDTH ON THE EAST
SIDE OF NORTH SWINTON AVENUE. BETWEEN N.
8th STREET-AND N. E. 22nd STREET; ALSO ON.
THE SOUTH SIDE OF N. E. 22nd STREET BETWEEN
NORTH SWINTON AVENL~ AND N. E. 2nd AVENUE;
ALSO' ON THE SOUTH SIDE OF"THAT PORT~ON OF
N. E. 18th STREET BETWEEN NORTH SWINTON AVE-
NUE AND.. N. E. 2nd AVENUE.
(Copy of Ordinance No. 34-66 and _accompanying assessment roll are
attached to the Official copyI of these minu~es,)"'~e~ page llS-S.
There beihg 'no Objection t~ ~he assessmeht roll for construction
of sidewalks on a portion of North Swin-to~AvenUe, a'portion of N. E.
22nd Street' and"a portion-~of N. E. 18th stree~,.~,Ordinance No. 34-66
was unanimously passed and adopted on this second'* ~ final reading,
on motion by Mr. Jurney and seconded, by Mr, Croft.
8. h. City Clerk Worthing presan~ed ORDINANCE NO. 35-66..
AN ORDINANCE OF T~E ~C~TY-COUNCIL OF THE CITY
OF DEL_RAY BEACH, FLORIDA, ANNEXING TO".THE CITY
OP-DELRAY BEACH CERTAIN LAND, NAMELY LOTS !,
2, 3,.' 4', and 5, BLOCK A, ROYAL PALM-GARDENS -.
PLAT NO. 3, ¥~{IC~ LAND IS CONTIGUO~3S TO EXIST-
I~G M~NICIPAL LIMITS OF 'SAID C~TY~ REDEFINING-
T~E BOUNDARIES OF. SAID. CITY TO INCDUDE. SAID
LAND~ PROVIDING' FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; AND PROVIDING FOR THE ZONING--
T~EREOF. (1645 North Federal Highway)
Ordinance No. 35-66 was unanimously l~laced on first reading, on
motion by Mr~ Jurney 'and seconde~ by Mr. Croft.
9.a. .Reg~. 'ng the Planning Board's report concerning request.. ~or-
right-of-way through: City property., City' Clerk Worthing r~porte~ to
Council as follows: "Rgport of the Pl_annin~ Board, together with
sketch showing the subject property', accompan.ied the agenda to each of
the Counci~men. ' Mr. Lochiatto has made a tentat.ive~of~er to se~l to
the City his. parcel of land,~ indicated on the sketch by XXX, c~mpris-
lng less than an acre, for~the~ sram of $$~100,'
The parc~l marked Private, and located in the lower right corner
of the sk%tch, is'the 0ther't~act Of land, which-, aleng with Mr.
Lochiat~o's p.arcel, and~0f comparable size' thereto~, t~e Planning Board
recommends that 'Council m~y ~sire the city' ~$~a~er to. negotiate with
"both owners of sase toward possible acquisition thereof, subject to
Council approValo"
During d~Saussion, Mr. Jurney suggested that the City Manager ne-
gotiate with Mr. Lochiatto for the property at a figure of around
$1,200.
Mayor Avery suggested a motion that the offer of the land at $6,100
be rejected, and that the City Manager be directed to see if he can ne-
got/ate for a more reasonable figure, That would include both owners.
It was so moved by Mr. Jurney, seconded by Mr° Croft and unanimously
carried.
9.~b. City Manager Oatchel presente~ the ~o11OWi~g memoran4um, dated
April. 19, 1966, to the City Manager from Finah~ Direotor Weber:
"SUBJECT: Progress Report - Rehabilitation of O.1~ Sewer' System
From January 1, 1966, to.March 31, 1966, there-has been expended
$3,293o17 for rehabi~ita~io~ of the-OLd sewer SY'st~ by city
forces as ~ol~ows m
Fore~an $ 788,° 00
Labor 1,889 ~ 09
Construction Material 442,76
Social S~curity Expense 112.4~
Insuranc~ 'Expense 60,89
$3,293'o 1~~
In addition, the rehabilitation crew worked five days on new
construction, at Laterial 6hA-3B, S. W.' 4th Street. This
cost of $665.49 is also being capitalized."
The City Manager al~o presented the followi~g ~.morandum, dated
April 30, 19'66, to the City Manager from the City Engineer:
"Subject~ Sewer Rehabilitation as of March 31, 1966
During the period from JanUary 1, 1966 to March 31, 1966,
an addi.~£onal 12,182 lineal feet of the old sewer system
were rehabilitated. Th/s figure should .be added to the
figure of 21, 193 lineal feet rehabilitated prior ~o January
1st, making a ~otai of 33,375 lineal-feet completed.
In addT'~ion to the ~OVe, 31 manholes were. rehabilitated
during ~his q~arter, making a total of 141 completed.
The tota'~t expenditure for this period as shown in the Finance
Director's r~port, .was $3,293.1~. This amount ~dded to the ,,
previously reported asount of January 1, 1966, i9"~,244.87
makes a total expenditUre of
The overaI{ cost per lineal .foot for rehabilitating 33,379
lineal feet of pipe becomes $0°2898.
The total lineal feet of the old system to be rehabilitated
was 49,204 lineal' feet, with & total of 171 manholes and
laspholes. This means that the sewer work is about 74.% com-
pleted and manholes 82% completed.
{~e have worked through &~% .of ~he old pipe now, although some
work rmmains to.be don~' on the. main collector l~ines~ we have
located and pin P°in~ed the remaining trouble sp~t~s an~ axe
in the process of taking measures to correct these before the
final cleaning.
-8- 5/9/66
"As you know, we are now in the process of reconstructing cer-
tain lines end.connections which were originally, planned and
ar® necessary. Most 6~":~e ~emainaer of our work now consists
of. replac.ing a few old lines with new. If all goes Well, we
wi 11. probably, be. comp. letely finish.ed '~th '~he' ~ehaDi li~atio~
project prior to the next ~u~rterly report."
It was. pointed~ Out that'~here had been an engineer's estimate of
approximately $!90:.900 for sa~d work ~ be-done., an~ an estimate of
approx-imatel, y $40~0001 if the'City f~rCes did the WOrk, and it now ap-
Pears that'~he total' rehab~li'tat£°n of the o1~ sewer~'~can ~e completed
for approximately $15,000.
City Engineer Fleming was commended on the very fine job of re-
habilitation of the old sewer system. '
10.x. City Manager Gatchel informed Council that he has an estimate
of $2,300 from .Mr..D.R. Neff, P.~oject Manager f~r ~ussell &~Axon, re-
lative to a request received for one block of sewer installation on
S. W. 2nd Court between ?th a~ 8th ~%venue's= furt~ler, th~s"~ a portion
of the City which was Sew~ered"under Ph~S%~"~',~ an~ a'~ the 'time of
lation, this street did not warrant, from an economic 'stan~Poi'nt&~ the
installation of sewers. Since the si~tuation has changed and there are
improved properties, the request has been made for sewer' installation.
The City Manager reported that Busby & Stiml~son are now installing
sewers in Area 20, ~hich lies immediately'we~t 0~' this street, and
recommended that authorization be gfPen for ~ss~anCe' of a 'Change' Order
to the contract of Bumby &.Sti~psOn for the""instalia~io'n of said one
block of sewers on S. W~ 2nd Cou~t between 7th and 8th Avenues at an
approx$:mate.cOst of $2,300. It was pointed out that the yearly.reve-
nue from '~hi~ one bl0ck of S~wer installation is $240'.00% which' would
make the installa'tion f~asible. '
Mr. Sa~nders moved that the' recom~ehd~iOn of the C~ty Manager be
approved...The motion was se_c.0nded by Mr. Jurney and carried unanimous-
10.x. City Manager Gatchel informed Council of a septic ~.ank problem
at the vo F. W. Pon~ League Ball Field located 'oh B10ck 37", and stated
that approximately thirty feet from the septic tank is a City sewer
line. Furt. her, that the City has be.eh taking care of the cost'%f the
septic tank repair,- and that he would recommend, at this time that
Council giw$.',authorization for connectio~ Of the V. F.; W. Pony League
Ball Field to the e~isting sewe~ line, with the City crews doin. g the
work, as Sewer Superintenden~ Car1 Howard has estimated~that said work
would cost approximate.ly.$125.00.
Mr. Saunders moved' to approve the-recommendation' of the City Mana-
ger, the m0ti'on being 'seconded by Mr. Jurney and unanimously carried.
10.x. city Clerk Worthing read in full RESOLUTION NO'. 22~66.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF D~L~AY BEACH, FLORIDA, REQUESTING'WEEKLY
PROGRESS REPORTS ON THE BEACH EROSION CONTROL
PROJECT NOW UNDER CONSTRUCTION.'
(Copy of Resolution No. 22-66 is attached to the official copy of
these minutes.) See 9aEc llS-U.
Resolution No, 22-66 was unanimously pa. ssed and adopted on this
first and final reading, on motioh'by Mr. Jurney and seconded by 'Mr.
Saunders.
10.x. MayOr Avery' said the "~esire had been expressed that-the Ci'ty
Engineer make similar reports and suggested a motion to cover same.
Mr. Croft moped that ~ Cit~ Manager be instructed to require a
separate report to be made to the Council on the progress of the re-
vetment construction, to be made weekly during the entire period by
-9- 5/9/66
City F~i~er .Fleming, this to b'e separate and apart from the report
of GlaCe ~t~neering COrporation. The' motion was seconded by Mr.
Saunders and carried unanimously.
10ox. Mr. Jurney informed CounciI that Mr. John George had inquired
about the City putting clay on the ball diamond at the Little ~eag~e
Ball Field, and asked if it would be possible for ~ to contact Re-
creation Director Elliott about same,
With Counuil agreement, Mayor Avery dir_ected Mr. Jurney to' confer
with City Manager Gatchel and Recreation Director E11iott in an effort
to get this work done.
10.a. City Clerk Worthing presented Bills for Approval as follows:
General Fund $58,017.03
Water o~erating & Mainte~ance Fund '5~I84~94
aefundab %~ .D~posits Fund '40100
Capital Iml~rove~ents construction TrUst FUnd 23,08~ ,66
Cigarette Tax Fund 5,3S8.00
The bills Were unanimotlsly ordered .paid on motion by Mr. Jurney
and seconde~ b~ Mr. saund6rs-
10.xo City Manager GatChel reported to C6~nc~l ~at he had bee~ in-
formed that Dickers0n, Inc,, the. p~ime contractor on the.beacl~.?~eot-
ment ~r°j/ect, has subcontracted th~ in~tallation"of the =ce wa~,~
MUrphy Construction. ~ompany~ further, that Murphy Const~uction Company
i.s ~he cohtractor who installe~ the sea wall alo.~g th~']i:~ntracoastal
waterway .at the City Park, with which the .Council was very much p~eased
and w~i~h~.Prompted the thinking of the design of the toe wall which
has been i~co~porated in the revetment installation.
The City ~nager said he feels the City has the best contractors
available for the construction of the revetmen~ and the toe wall.
The meeting adj~ourned at 9:20 P.M.
city ~'lerk
APPROV~b:
MAY!OR
3"~
-lO- 5/9/66
l18-A
CITY OF ~LRAY BRACH
PA~ 'BF~FI ~-~]~ITY ~ ~
· PROJeCt ~. 5~4~8-b
~ O~ER ~. 2J
~is agreemen~ ..en~e~d in~o ~his day
1966, by ~d be~een the C~ OF DEL~Y BEA~, PA~ BEA~ ~, F~RIDA,
~ pa~y of ~he FI~ par~, ~d I~R~ ~S~
pa~y of '~he SE~ part, ~he s~e being a ~ge or ~plemen~ ~o a certain
C~trac~ by '~d between the parties afo~said, da~' ~s~ 28, 1~5 ~or the
cons~c~ion, o~ a Sewerage Wo~k~ P~ect in ~ea ~4 in'the C~ OF DEL~Y
BEA~, P~ B~ ~, F~IDA.
~. ~, ~he ~a~y o~ ~he F~ pa~ desi~s ~o ~nd ~he ~n~rac~
to F~vide for s~l be~t ~ c~v~i~ce i~e~, as reques~
by ~he City Se~r S~ri~tend~t,
- ~ -
~, ~ese i~ a~ list~ be~:
1. Provide a Xi$~ ~d swit~ in the en~r~ce v~t, pr~ide
a steel pipe ra~ for ~t~g all e~ec~ica] e~i~ent,
lieu of a ~d ~Xe, (a~l~ing d~ credit for ~he ~le),
p~viding 10 extra f~t of ~rg~d electzical conduit,
all a~ a ne~ 1~ ~ ces~ o~ $243~.
~ 2. ~ish ~d insgal~ one e~ra 4" ~ ga~e valve with valve
~x at a ~ s~ cos~ of
3. Incre~e size of ~tr~e v~l~ a~ a l~ s~ price of
$60. ~.
II. ~~, ~he par~ of ~e ~ ~ a~ea to ~r~
o~ ~e extra ~rk ~ indi~ ~, ~ishing all necess~
~r, ~eria~, ~d s~li~' at ~ .~ ~ ~ price of
$~98.~. ~e ~otal ~iti~ ~o ~e ~ being ~e ~dred,
Nine~y-Eigt ~]~ ($$~.~).
llS-B
III. It is further .agreed and understood that the Contract time will
not be extended, and that this change Shall not alter in any
manner the force and ef£ecto£ the'original Contract dated
August 28, 1965, and the same shall stand in full force and
effect in all respects, except as ~m~ndedby this .agreement.
INTERCOUNTY CONSTRUCTION CORP.
Reco~endedfor Approval:
Accepted:
RUSSELL I ~XO~
CONSULTING ENGINEERS, 'INC. CITY OF DELRAY BEACH
DELRAY BEACH, FLORIDA
Approved as to rom:
By ...... , "
City Mani~ger
By '
City Attomey
Attest:
City Clerk
118-C
CITY OF DELRA¥ BEACH
PALgt BEAC}~ COt~,~ FLORIDA
SEWERAGE 'WORKS ' PROJECT
Pro3eet No. 5964-8b
CHANGE ORDER NO. $
This .agreement entered into this __'day of ,
1966, by and between the CITY OF DELRAY BEACH, PAL~ BEACH COUNTY, FLORIDA,
as party of the FIRST part, and INTERCOUNTY CONSTRUCTION CORPORATION as
party of the SECOND part, the Same'being a change or supplement to a certain
Contract by and between the parties aforesaid, dated August 28, 1965, for
the construction of a Sewerage Works Project in Area 14 o£ the CITY OF
DELRAY BEACH, PAL~ BEACH CO~,. FLORIDA.
WITN~SSEI~{:
I. WHEREI~S,the party of the FIRST part desires to amend the
Contract to reconcile the' final quantities as constructed'
with the quantities as originally bid,
- and -
WHEREAS, the final constructed quantities are Set forth in
the Final Esti~utte' No. 6,
~ and -
WHEREAS, a discussion of the differences which exist between'
the bid quantities and the' Constructed quantities is attached
as Al)pendi~ "A" to' this change order,
- and -
WHEREAS, both Final Estimate'No. 6 and Appendi~ "A" are, by
reference,made an int. egral part of this change order,
- and -
W}~REAS, this .change order~ when signed'by all parties thereto,
constitutes final acceptance by the CITY OF DELRAY
FL~IDA, of all w~rk'cal~cied out under this Contract.
Il. THEREFC-RE, the party of the SECOND part agrees that this f:inal
reconciliation change order supersedes any ,~nd all previous
correspondence or verbal agreements regarding delet:ions or
additions to the scope of the work carried out ~der this
Contract dated Au~st 28, 1965 for the construction of a
Sewerage Works Project located in Area 14 of the CITY OF DEL~Y
BEACH, PALM B~ CO~, F~RIDA, and the party of the SECOND
part ~rther agrees that all qu~tities ~d prices sho~ on the
attached Final Estimate are correct, ~d that the ~ount of
Twenty-Four ~ous~d, ~ree ~dred Ninety-Nine Dollars ~d
Forty-Six Cents ($2~,399.46) constitutes final pa~ent,
including retainage, for all materials fumished, and work,
p~rfom,d ~der this Contract, all in accord~ce with the te~s
of the o~iginal Contract.
III. It is further agreed ~d ~dorstood that this change order
shall not altor in ~y m~or tho mainten~c~, ~d perfo~co
~ar~ties of the original C~tract dated ~st 28, 1965: ~d
the s~ shall stud in ~11 force ~d effect i~ all respects.
Reco~ended for A~roval:
R~SELL ~ ~
~SULTING ENGI~E~, INC. ' I~RC~ ~S~I~ CORP.
By BY '
Accep~ ed:
c~ o~ ~a~ ~A~
p~' ~ ~
By By
C~ty Attomey Mayor
C'it~ M~ager
Attest:
' City clei. k
118-E
CITY OF DELRAY BEACH
PALM BBACH COUNTY, FLORIDA
SENERAGE WORKS PROJECT
Project No. 5964-8-b Area 14
APPENDIX "A" to CHANGE ORDER NO. $
1. The purpose of this Appendix is to eXPlain the reasons for the varia-
tions in quantities amd payments between those carried on the original
Contract and those carried on the Final Estimate.
2. While a variation of $1,000. or less is considered to be well within
~,~ normal expectations for und0rground work, this Appendix will discuss
in detail all significant variations from Contract quantities.
$. Items 59 to .44 cover stage excavation and backfill. It will be noted
that, in general, the shallow cuts underran and the deeper cuts overran.
This has been the general eXPerience in muck areas where we must undercut
two feet and backfill with two feet of crushed stone in order to provide
a firm foundation for the pipe. If this is not done, the pipe will soon
break up. While the entire length of Main 14 along A-I-A was in solid
reck, all lines running westward were in muck. Fortunately, some of
these changes were compensating, as we underran $7,$00. in the 0-6 ft.
cut, and underran $7,520 iu the deepest cut (14' t~ 16'). The overruns
occurred in the intermediate cuts. The result of all this was a net
overrun of $2,53~ .in trench excavation. This overrun is magnified some-
what by the fact that the Contractor had an unbalanced bid on his rock
excavation of 10¢ per cu. yd., which was only partially compensated for
by the somewhat unbalanced nature of the money he had for his inter-
mediate cuts.
-'~ 4. Items 45 and 46 cover vitrified clay sewer line pipe - 8" and 12". These
came out quite close to the plan quantities.
~ S. Items 47 to S1 cover house service connections. We overran these item~ a
net of $1,561. due to the fact that we put in more service connections
than were shown on the plans.
6. Items 52 to 58 generally cover manholes and appurtenances. These items
had a net overrun of $479. ~ecause one manhole was added in the field,
and the depths of others were increased s~ightly,
?. Item $9 covers 10" cast iren force main. This item underran
because of a shift in the location of the Lift Station off the State
Road Right of Way on to a City owned Street Right of Way at Del Harbor
Drive.
8. Item 61 is for 6" cast iron pipe used in highway crossings for house
service connections. This item overran $1,110. due to added lengths,
in some instances, totaling 120 feet.
9. Item 62, limerock base replacement. This overran $808. as it was
--~ considered good construction practice to offset the force main four
feet from the deep gravity main in areas where they ran parallel.
10. Item 6S, asphalt driveway replacement. This item overran $225. because
some driveways had been paved since the plans were prepared.
11. Item 64 - Rock excavation. This item overran 2725 cu. yds. If we had
a normal balanced bid, it would have resulted in a serious overrun.
However, at 10~ per cu. yd., it amounted to only $2?2.
12. Item 65 o Lumber left in place. None used, therefore underran $S50.
la. Item 66 - Concrete in sewer trench. This is impossible to estimate in
advance. It is used to encase deep wyes to guard against breakage.
Overrun of $468.
14. Item 67 - Material for sewer pipe bedding. It is very difficult to
estimate this item in advance of excavation. See Items 39 to 44
(trench excavation) where we had to undercut two feet, and backfill
with crushed rock to prOvide a firm foundation for the pipe. This
was necessary in all muck areas west of A-I-A. This item overran
$4,620.
15. Item 58-a - Lift Station. This came out on the money.
16. The total amount of overrun of bid quantities covered by this recon-
ciliation .agreement is $11,26g, Under the circumstances of the deep
rock cuts, and the muck areas w~st of A-I-A; this overrtm of 7% is
considered to be well within normal limits for this type of under-
ground construction.
ThisAppendix, consisting of two pages, is .agreed to by the Contractor and
the Consulting Engineers.
RUSSELL ~ AXON INTBR~ CONSTRUCTION CORP.
CONSULTING ENGINEERS, INC.
l18-G
PERIODICAL ESTIMATE FOR PARTIAL PAYMENT
.59~-8b
P. O. B~ 15~
FIN~
~t. 2720 ~ 3.~ 8,160 ~ 288 864 O0 7,296 O0 11
42 Stye ~c~tl~ & ~ck-
~t. Ill) ~ 20.~ 22,3~ ~ 1462 29,240 O0 -6,940 O~ lO0+
cuC. ~62 ~ 20.~ 11,210 ~ 181 3,620 O0 7,620 OO
~6 ~r. & ins~l 8" V.C.
Be~r pi~. 3~ ~ 2.~ 10,1~0 ~ 3931 10,220 60 - 80: 6~ 100+{
fled clay pi~
c~ccl~, 3720 ~ 2.~ 7,~0 ~ 42S~ 8.S06 O0 -~,066~ OO ~00+
f~d clay pl~ se~ice
V.C. Wee & st~rs. G1 h 18.60 762 ~ 62 1,153 20 -390 60 100+
,~' V.C. ~s & stetro, 89 ~ ~ 10.35 921 ,5 95 983 25 - 62; 10 100+
em & s~rs. 2 ~ 40.~ ~~ 4 160~00 - 80'00 10~
-118-!
LC~....ATION ~Y ~f.,A~; ~?Li~I~'I'T~ I'~OJECT ~.
6 ~ ~n~ August 28, ~ 65. TO Feb~a~ 20~19 66
~ 4:~ ~ ~o1.. 20 ~ 270.~ ~,A~ ~ 20 5,400 O0 .... 100
,,' ~ C~i ~' ~ ~olee. ~ 2~ ~ ...............
,,~ :~~ole. 5 ~ ~5,~ ~,275 ~ 6 1,530' 00 '- 255 0C 100+
, ,~,, i~ ~oles. h ~5.~ ...............
i
2 h 81so S lSO .....
~t ir~ ~4 min. ~75 ~ 4,75 11,281 25 2,217 10,530 75; 750
[~le. I ~ 73.~ 73 ~, I 73 O0 .... 100
,A-~-A, ~ ~ 9.~ 7~ ~ 200 1,850[00 -1,110 ~ 10~
~t, 2760 ~ 2.7~ 7,5~ ~I 3,054 8,398~50 - 808 50 100+
~t ~L~ ~- ,
mat ~l~mut. ~ ~ 3.~ ~ ~ 360 '1,080':00 - 225 ~ 100~
L ~ ~ ~at%~. 1112 ~ .10 111 20 3,837 383 70 - 272 50 100~
~r left tn p~m I ~ 350.~ 350 ~ ........ 350 O0
t~, 5 ~ ~.~ ~50 ~ 20.60 618 O0 - 468 00, I00+
h~L~. 7~ ~ 6.~ &50 ~ 845 5,070 O0 -4,620 001 100+
118-
I)IIlQMCAL ISTIMAT! FSI PAITIAL PAYMINT
596~.-8b
P. O. ~ 1500
~ FINAL 6 FOa~R~o~AuEust 28, t965, TO Feb.ruary 20~ ~9 66
~' ' E~:GIV. & l:~u~terin8 lump ~um &,$~ IX) L.S. 4,594 ~0 .... ~00
~ C~Ce g~k ~ ~ 2,~S ~ L.S. 2,345 O0 .... 100
~b 8~ti~ tn PX~ · ~ ~ X2,1~ ~ L.S. 12,136 DO .... lO0
~ ~reZl ~ ~t ~1] ~ ~ 2,~56 ~ L.S. 2,456 O0 .... 100
' El~tr~ W~M ~ ~ 2,2~ ~ L.S. 2,290 O0 .... 100
~alntl~ ~ ~ ~5 ~ L.S. 645 00 .... 100
~ ~ic price per ~bic y~(
of c~te la pl~e
~d ~tr~ ~ ~leted
70 ~tt prim ~r ~d of
~M~d ~Cra ~ MteCed
,, amajo erder , , , , Addltton8
1/2( 47 805 Pt. 6" V.C.P 02.~ 1,610 O0 1,610 ~ ....
61 920 ~. 6" C,I.P ~9.2~ 8,510 O0 8,510 DO ....
63 155 s.y. ~phal~ 0~.00 465~00 ..... 465 )0
58a Extra work on Li~t Station ~14 ~98!00, 398 )0
4/22 Rec~cilia~ton 11,268 96 11,268 ~
- 465 ~00
162,862, OS
~84~649,~
L ~t /~a atmtu~ V ~ -, , , ......
160.249.55
118-~
RESOLUTION NO. 21-66.
A RESOLUTION OF T~E CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, RELATING TO THE
REMOVAL OF THE FLORIDA EAST COAST RAILWAY
STATION BUILDINGS LOCATED WITHIN SAID CITY.
~aEREAS, in connection with the implementation of the
Master Development plan of the CITY OF DELRAY BEACH, FLORIDA~
said City has heretofore determined the necessity of the re-
moval' of the existing FLORIDA EAST COAST RAILWAY station
buildings located with~in said City~ and
WHEREAS, the said FLORIDA EAST COAST RAILWAY has
agreed to the removal of said facilities by the City,
NOW, THEREFORE,~ BE IT RES0L~ED By THE CITY OF DELRAY
BEACH, FLORIDA:
That the offer of the FLORIDA EAST COAST RAILWAY to
allow the CITY OF DELRAY BEACH, FLOHIDA, to remove' the exist-
ing railway station buildings above described at no expense
to said RailwaY, is hereby accepted and the City shall imme-
diately proceed with the accomplishment of ·this projec~t and
the City shalI hold the said FLORIDA EAST COAST RAILWAY harm-
less ~from any damages or liability for personal injuries or
property damages resulting from said demolition project.
PASSED AND ADOPTED this 9th day of May, A. D. 1966.
MAYOR
ATTE ST:
City Clerk
PROPERTXE$ ~'N VZOLATZON. OF ORDINANCE NO. ~g--147
AND SECTIONS 15-3 and 15-4 OF ~HE CI~ CODE.
PROPERTY CXTY
OWNER ADDRESS DESCRIPTION CODE
1.
L. K. & Caroline K. P.O. Box 7111 West 25 feet of Lot 15-3
Jennison Station C 16 & all of Lots 17 a
Atlanta, Ga. & 18~ Wheatley"s S/D. 15-4
2.
Mrs. Annie S. Goodale 5314 Colonial Drive Parc~l of land 90 ft. I5-3
Columbia, So C. by 124 ft. m/1 as
scribed £n OR 1~34- 15-4
...... 152, Section 9-46-43.
D. F. & Julia S. Bu~e 186 Stribl~g Circle That p_art of Lot 4 15-3
c/o Thomas S. Bu~e Sparta~burg, S. C. lying East of center &
line of N.E. 7th Ave. 15-4
if extended North, a
West of N'ly extension
of. West R/W line of N.E.
8th Avenue, less parcel
in Northeast corner.
Section 9-46-43.
4.
John & Caroline 121'. N. E. 8th St. Vacant..part of South 15-$
Van Bal'~egooien Delray Beach, Pla. I~0 feet of Block 80 a
lying East of FEC PR. 1§-4
$.
Charles ~., Jr. & 400 N. W. 2nd St. WeSt 5.0 feet of East 15-3
Francenia G. Patrick Delray Beach, Fla. 165 feet of South 135 &
feet, Block 19. 15-4
6.
Charles Wo, Jr. & 400 1~. W. 2nd St. West 50 feet o~ East 15-3
PYancenia G. Patrick Delray Beach, Fla. 115 feet of South 135 &
feet, Block 19. 15-4
7.
Edward B. Poole 10! N. W. 6th ~ve. Overgrown vacant part 15-3
Delra¥ Beach, Fla. of approx. South 66 &
feet of West 135 feet, 15-4
Block 19.'
8.
Prank DeRice P. Oo Box 541 South 100 feet of Lots 15-3
Delray Beach, Fla. 23 thru 32 & South 100 &
100 feet of Lot 33 less 15-4
West 20 feet,
Asbur¥ Park Heights.
V~olations 15-3 and 15-4 as concerns this report are. as follows:
1. 15-3 - dead iimbs, pal~ fronds and garden trash..
1S-4 - weeds & undergrowth
2. 15-~ - broken trees & limbs.- 15-4 - weeds a undergrowth
3. 15-3 - broken trees & limbs, and loose trash
15-4 - weeds a undergrowth
4. 15-3-- loose trash & overgrown mounds of weed~ 15-4~- _weeds
$. 15-~ - ~oose trash, old trash p~les, limbs, etc. 15-4 - weeds
6. 15-3 - trash piles,, loose trash and. old limbs 15-4 - weeds
7. 15-3 - old trash piles, loose log~ & loose trash 1~-4 -
S. 15-3 - garden t. rash 15-4 - weeds
Sub, irked to the City Council by the City Manager
on .~/~s the 9th day of May, 1966.
RESOLUTION NO. 20-66. l18-M
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE-
PORT OF THS CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach, did, in
~eqular ~/4~////////// session held on the ...10th & 24th of _
Januarv and 14th of February1 .1966 declare the existence of a nui-
sance upon certain lots or parcels o'f land, described in a list sub-
mitted to them, for violation of the provisions of Ordinance G-147;
WHEREAS, pursuant to such declaration, the City Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice describing the nature of the nuisance and
that they must abate said nuisance within thirty (30} days, failing
in which the City Council would'have it done, and the cost thereof
would be lev~ed as an assessment against said property~ and
WHEREAS, the owners hereinafter named did fail and 'neglect to
abate the nuisance existing upon their respective lands within the
time prescribed in Said notice and Ordinance G-147, and the City of
Delray Beach was required to and did enter upon the following lands
and inc'ur costs in abating the nuisance existing thereon as described
in the aforesaid list; and
WHEREAS, the City Manager of the City of Delray Beach, has, pur-
suant to said Ordinance G-ld7 and the City Charter submitted to the
City Council a report of the costs incurred in abating the nuisance
as aforesaid, said report' indicating the costs per parcel of land
involved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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-
cels 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
assessments so levied shall be a lien upon the respective lots and
parcels 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 provisions as to sale and foreclosure as city taxes are collect-
ible.
2.' That the City Clerk of said City shall, as soon as possible
after the effective date, record a certified copy of this reso;I, ution
in the office of the Clerk. of the Circuit Court in and for Palm Beach
County, Florida, and shall furnish to each of the owners named in and
upon said report a notice that the City Council oE the CSty o~ DeJ. ray
Beach, di~, oN the loth & 2~th of January and 14th of February, 1966
order the aba~men~"~f ~ C'er~n nuisance e~isting o'n""their described
property and propeFty owner having failed to abate such nuisance,
within the 30 day period, whereupon it was abated by the City at costs
shown in said report and such assessments shall be legal, valid and
binding obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 days from the
date of adoption, and the'-assessments contained'herein shall become
due a~d payable thirty days after the mailing date of the notice of
said assessment, after which interest shall accrue at ~he rate of 6~
per annum on any un~id portion'.thereof.
PASSED AND ADOPTED in regu.lar session on the .Pth~ ~ay of
May ~ . _, A.D. 19 66.
ATTEST: /S/. Al. C. Avery ....
~AYOB
l18-N
¢®~T OF ABATING NUISANCES UNDER ORDINANCE NO. G-147.
PROPERTY DESCRIPTION OWNER ~SSESSMENT
January 10, 1966 list.
South 100 feet of North Edward Earnest Conyer $ 60.00
235 feet of East 135 feet,
Block 21.
]_anuary 24, 1.966 ~ist..
Lots 8 & 9, Block 8, less H~zvey Bell&my $ 30.00
West ~20 foot R/~,
Atlantic Gardens.
Lots 1 & 2, Block 5, J.L. & Margaret.~Patterson $ 37.50
Osce~la Park.
South 65 feet of East 135 Beulah Mitchell $.27.00
feet of Block 24.
South 95 feet of West half _Wm. M. & Betty R. Hunt $ 46.50
of NW% of Lot 9, less West
167.46 feet and less East
25 foot R/W. Section 8-46-43.
~ebruary 14,'1966.~i.s%......
Lots 7, 8 & 9, less West August. C. Huber~ et al.~ -$ .45.00
10.f~ot R/W.,. Haller&
Grootman's S/D~
Lot 19, Sundy & Tenbro~k Kenneth Gary $ 70.00
Addition.
118-o
ORDINANCE NO. 29-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDa, REZONING AND PLACING THE
EASTERLY PORTION OF E% OF NE~ OF NE¼ OF SE¼ OF
SECTION 19, TO. SHIP 46 SOUTH, RANGE 43 EAST,
LESS ROAD RIGHTS-OF-WAY ON NORTHERLY AND EAST-
ERLY LINES~ ALSO THE WEST 333 FEET OF LOT 21,
SECTION 20, TOWNSHIP 46 SOUTH, R~EGE 43 EAST,
LESS ROAD RIGHTS-OF.WAY ON THE NORTHERLY AND
WESTERLY LINES, DELRAY BEACH, FLORIDA, IN
~OLESALE DISTRIBUTION AND LIGHT INDUSTRIAL
DISTRICT", AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA 1960".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA:
SECTION I. That the following described property in the
City of Delray Beach, Florida, is hereby rezoned, and placed in
the "C-3 Wholesale Distribution and Light Industrial District"
as defined by Chapter 29 of the Code of Ordinances of the City
of Delray Beach, Florida, to-wit:
The easterly portion of the East % of
of NE% of SE% of Section 19'46-43, (being
166.99 feet wide on the South and 166.27
feet wid~ on the North} less road
of-way on.northerly and easterly lines;
Also the West ~33 feet of Lot 21, Section
20-46-43 less road rights-of-way on north-
erly and westerly lines.
SECTION 2. That the Building Inspector of said City
shall upon the effective date of this Ordinance change the Zoning
Map of Delray Beach, Florida, to conform with the provi~ions of
Section I hereof.
PASSED in regular session on the second and final reading
on this the 9th day of May , 1966.
/S/ Al. C. Aver? ,
MAYOR
ATTEST:
City Clerk
First Reading AD.il 1~ ~&g
Second Reading Ma~ 9~ i%~66
~18-P
ORDINANCE NO. 30,66.
AN ORDINANCE ~OF THE. CITY OF DELRAY BEACH,
PALM BEACH COU_RTY,' FLORIDA,~ AMENDING CODE
OF ORDINANCES OF THE CITY OF' D~.LRAY BEACH,
BY AMENDING 'SECT. ION 22-! THEREOP R~LATZNG
TO THE REGISTF~ING, FINGERP~I~LN-C~ AND '
PHOTO~RA'PHING OF CERTAIN EMI~LOYEES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 22-1, Code of. Ordinances of
the City of Delray Beach, be and the same is hereby amended
to read as follows:
"Sec. 22-1 Fingerprinting, registering and
photographing individuals employ-
ed in certain establishments or-
at certain occupations.
Every person employed in any night club,
any place handling liquor, beer or wine in
any form, places of. amusement, hotels~ .room-
ing houses, apartment houses, delivery serv-
ices, home, apartment or hotel maintenance
services, restaurants, hath clubs, bath houses,
solariums, lawn ma'intenanom gardeners, janitors,
caddies, newspaper delivery boys over the age of
seventeen years, lifeguards, special police o~fi-
cers and domestic servants, taxicab drivers, vend-
ing machine operators, and charter boat operators,
in the City are required to register within f°rty-
eight hours from'the time of their employment~ in
a book of:registration kept by the chief of pollce,
a~dto be fingerprinted. The registrant shall also
furnish the chief ofpolice with a photograph of
such size as may be designated by the chief~ of
police," "
SECTION 2. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
SECTION 3. That ~his ordinance shall take effect ~im~
mediately upon. its passage and approval as provided by law.
PASSED in regular session on the second and final read-
ing on the 9th day of May , 1966.
/S/ Al. C.
AverT
MAYOR
ATTEST:
/2/ R. D. Worthing
City Clerk
First Reading April.25, ~6
Second Reading ,.~,,, 1~66~. ~. .......
l18-Q
ORDINANCE NO. 33-66
AN ORDINANCE OF THE CITY OF DELRAY BEKCH. FLORIDA,
LEVYING THE ASSESSMENTS AS SHOWN 'BY THE ASSESSMENT
ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY
CONCERNING THE CONSTRUCTION OF STORM .DRAINS IN
SECTION:!'0" AS SHOWN ON STORM DRAINAGE SYSTEM SUR-
VEY FILE T.F* !868-0, TOGETHER WITH THE~ INSTALLA-
TION OF CATCH BASINS, MAN-HOLES AND APPURTENANCES
IN CONJUNCTION WIT~ SUCH STORM DRAINS.
WHEREAS, the City Manager of the City of Delray Beach,
Florida, has, in ~csuance to the Charter of said City, submitted
to the City CounPil for approval, a report of '-the costs, and the
assessment roll for the construction of Storm Drains in Section
as shown o~ Storm Drainage System Survey File T. F~. 1868-0, together
with the installation cE catch basins, man-holes and appurtenances in
conjunction with such storm drains, and
WHEREAS, said report and assessment roll were approved by
the City Council in regular session on the 25th day of April, 1966,'
and
W~EREAS, due notice concerning said assessment roll was
given by advertisement by the City Clerk-, in accordance with the City
Charter of said City, for the purpose .of hearing objections, if any,
to said assessment roll, and
WHERRAS, no sufficient objections were received to the con-
firmation of the assessment roll,
.NOW,. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRA¥ :'BEACH, FLORIDA, AS FOLLOWS:
SECTION 1, The assessments, as shown on said assessment
roll, which is'ai=ta~hedhereto and made a part hereof, are hereby
levied, a~I~inst the properties shown and in the amounts stated on
said assessm~tlt roll, said assessments to be paid in three (3) equal
annual ins.tallments., together with-.., interest at the rate of sight (8)
per cent per annum, the first installment becoming due. 'and payable on
and on the for the next
ensuing tw~ years~ .and- said special sssessments, so levied, shall be
a lien fz~m the date the assessment becomes effective, upon the re-
spective lot~ an~ parcels of land described in said assessment roll, ,' ..
of the same ~ature .and to the same extent as the liens for general
City taxes, and'shall be colleotibIe in. the sam~ ma.r~ler and with the
same penalties and under the same provisions as to sale and forfei-
ture as City taxes are collectible.
PASSED-in regular session on second and final reading on
this the 9th day of May , 1966.
MAYOR
ATTEST:
.....
City Clerk
First Reading ApPil 25, 1966 ......
Second Reading ~May 9, 1966 .....
118-S
ORDINANCE NO. 34-66.
AN ORDINANCE OF TBE CITY OF DELRAY BENCH, FLORIDA,
LEVYING. TI~E~ ASSESS~TS AS SHOWN' BY THE' A'SSEssMENT
ROLL SUBMITTED' BY THE CITY MANAG~-R OF'SAID CITY,
FOR CONSTRUCTION OF A' SIDEWALK FIVE (5). F~ET 'IN
WIDTH ON THE EAST SIDE OF' ~NORTH SWINTON AVEN~E
..'~TWEEN 'N. E~ 8th STREET AND N.. ~l 22nd 'STREET;~iALSO
ON THE SOUTH-SIDE OF-'~N. E. 22nd 'STREET BETWEEN'
NORTH- SWINTON AVENUE ~/~D N.' E. 2nd AVENUE; ALSO
ON THE SOUTH SIDE OF THAT-:PORTION OF N. 'E. 18~h
STREET BETWEEN NORTH SWXNTON AVENUE AND N. E. 2nd
AVENUE.
WHEREAS, the City Manager of the City of Delray Beach,
Florida, has,. in pursuance to'.the Charter of 'said City, submitted
to the City. Council for approv, al, a report of the cost, and. the
assessment roll for the construction of a sidewalk five {57 feet
in width on the- east side of North Swinton Avenue between N. E. 8th
Street and N. E. 22nd Street; als~ on-the South side Of N. E. 22nd
Street between North Swinton Avenue and N. E. 2nd Avenue; also on
the south side of that-.portion of N. E. 18th.Street between North
Swinton Avenue and N. E. 2nd Avenue, ~and
WHEREAS, said report and assessment roll were approved by
the City Council in regular sessio~ on the 25th day of April, 1966,
and
WHEREAS, due notice concerning 'said assessment .roll .was
given by advertisement by the City Clerk, in accordance with the
City Charter of said City, for the purpose of hearin'g objections,
if auy, to said assessment roll, and
WHEREAS, no suffi~ient objectiOns ~ere reCel~ed to the con-
firmation of the assessment roll,
NOW, THEREFORE', BE IT ORDAINED BY THE CITY C~UNCIL OF THE
CITY OF DELRAY-BEACH, PLORIDA~ AS FOLLOWS:
SECTION 1. The assessments, as.shown--by sai~.-'ass~ssment
roll, which is atteehed hereto s~d mede. a part hereof, ~rp.hereby
levied .a~ainst the proper~y shown and in amounts shown On. said
assessment roll, said assessments to be pai~ in three (3)' eqUal
annual installments, together with interest at~:the rate of eight
(8) per cent per annum, the-first installment becoming due and pay-
able on ar~ on the-
f°r the next ensuing tw° ¢2) years' and'said;spe~ialaas''am'n~' s°
levied shall-be .a lien frOm ~the date~'~he assessment 'becomes effec-
tive, upon the respective lots and parcels of'land descfibe~ in~'s&id
assessment roll, of the same nature and to the same extent as ~he
lien for general taxes, and shall be collectible in the same manner
and with the same penalties and under the ~same provisions as to sale
and forfeiture as City Taxes are collectible.
PASSED in regular session on second and final reading on
this the 9th day of May , 1966..
MAYOR..
ATTEST:
City Clerk
F~rst Reading Amri125.
Second Reading Mal.~ 9, _~966
118-T
ORDZN,~N*CE NO. 35-66.
AN ORDINANCE OF T~E CITY COUNCIL OF Tt~ CITY OF
DELRAY BEACH, FLORT~A, *Ai~'EXING TO TI~ CiTY OF
DELRAY BEACH CERTAIN LAND, .NAMELY LOTS 1, 2 ~ 3,
4, 8jld 5, BLOCK A, ROYAL PALM GARDENS PLAT NO. 3,
WHXCH LAND ZS CO~TIG'JOUS TO EXISTING MIATXCIPAL
LIMITS OF SAID CITY; .REDEFINING-THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LA'ND; PROVIDIN~ FOR THE
RIG~TS AND OBLIGATIONS OF SAID LAND~ AND. PROVIDING
FOR THE ~.ON~NG TH~.REOF.
WHEREAS, LUM'S INCORPORATED, iS the fee simple owner of the
property hereinafter described, and
WHEREAS, LUMJS INCORPORATED, by its petition, has consented
and given permission for the annexation of said property by the-City
of Delray Beach, and
WHEREAs, the C~ty of Delray Beach has hereto:fore been author-
ized to.annex lands in accordance with Section 185,1 of the City Char-
ter of said City granted to it by the State of Florida~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1:~ That the City Council of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described tract of _.Land located in Palm Beach ~ounty,
Florida, -which lies contiguous to sa~d City, -to-wit:
Lots 1, 2~ 3, 4, and 5, Block A, ROYAL PALM
~ARDENS PLAT NO. 3, per Plat Book 2t, Page
57, Public Records of Palm Beach County,
Florida.
SECT. ION 2. That .the boundaries of the City of Delray Beach,
Florida, are-hereby, redefined so as to inc'I:Ude therein the above de-
scribed tract of land and said land is hereby declared to be within
the corporate limite of the City of Delray Beach, Florida.
SECTION 3. That the t~act of land hereinaboVe 'described is
hereby declared to be in Zoning District C-2., as defined by existing
ordinances of the City of Delray Beach, Florida.
SECTION 4. That the land h~reinabove desc~ibed ~all immedi-
ately become subject to all of the franchises, privileges, immunities,
debts, obligat'iOns, liabilities, ordinances and laws to Which lands in
the City of 'De, ray Beach are n~w or may be, and persons residing there-
on shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of compe-
tent jurisdiction, such record of illegality shall in no way affect
the remaining portion.
PASSED in regular session on second and final r~ading on the
23~d day of May , 1966.
/$/ Al. O. Ave,r,y _ _
ATTEST: M A Y O R
/8/.R.D. Worthing City Clerk
Fi,,.~_t Reading ~.,9~. 1966 second Reading May 23.. 1966
llS-U
A RESOLUTION .OF THE CI.TY COUNCIL~. OF THE'
CITY OF DELRAY BEACH, 'FLORIDA, REOUEST-
ING-WEEE~]~' P~G.~ES~ REPORTS ON THE .BEACH
EROSION COntROL PROJECT NOW UNDER CON-
- STRU~TION.
W~EREAS, the City of DelrayBeach; Florida,.and
Glace Engineering Corporation, a Florida Corpora$ion with
principal'offices at St. Petersburg, Florida, hav~ heretofore
contracted for the latter to perform design, consulting and
resident inspection services in connection with a beach ero-
sion control project for the City~ and
WHEREAS, the City ~ou~cil of t~e City'of'Delray
Beach, Florida, has awar~e~ a coHtract for th~ construction
of a'concrete block revetment wall-to Dickers0n, Inc. w~th
seia Glace Engine~ring Corporatipn to perform consulting and
resident inspection services= an~
W~EREAS, the City Council wishes weekly reports on
the'construction progress during the'forthcoming construction
perio~
NOW, THEREFORK~ BE IT RESOLVED=
The City Manager is hereby directed to cohtact'the
officials of Glace Engineering Corporation for the purpose of
assuring the City Council that it will receive w~ekly progres~
reports on the beach erosion control project now under construc-
tion.
Passed aha adopted this 9th day of May, 1966.
M~ %~OR
ATTEST:
/~/ R. D. We~'thing
City Clerk