07-25-66 JULY 25, 1966.
A regular meeting 6f the City Council of Delray Beach was held in
the Council Chambers at,8:00 p.M.-, with~Mayor Al. ~ Avery in
Chair, City Manager David M. Gatchel, City, Attorney John Ross Adams,
and Councilmen J. LeRoy Crof% aRd Jam~s H. Jurneybeing present.
1. An opening prayer was delivered by the Rev. Paul W. Gess.
1.a. The Pledge of Allegiance to the Flag of the United Sta~es of
AmeriC~ was given.
2. The minutes of the regular Council meeting of July llth and special
meeting of July 13th were unanimously approved, on motion by Mr. Croft
and seconded by Mr. Jurney. ..,.
X. Mayor Avery announced that Mr. Saunders has been ill, but plans to
be present at the next.re,gular Council meeting, and that Mr. Talbot is
out of town on vacation.
3. Mrs. Dorothy Harvel, Mother Advisor of the.Order of Rainbow for
Girls, Delray Beach ~ssembly No. 258, requested permission for Said
Assembly to sellperfume during, the ~ext two weeks.
Mr. Jurney moved that the City Manager be authorized to work with
Mrs. Harvel and-'~ive ~he necessary permission for the sale of perfume
by the Rainbow for Girls, the ~otion being seconded by Mr. Croft and
unanimously carried.
3. Mr.'wm. J. Edell of Ocean R~dge'informed Council that his object in
being present tonight is to bring "Sing Out 1966"_to Delray BeaCh; that
these young ~eople are good.Americans and sing patriotic songs?
Mr. Edell requested permission for the use of the Community Center,
rent free, for said young people to conduct a "Sing Out".
Mr. CrOft ~oved that the City Manager begiven permission to work
out the proper date with Mr. Edell for a "Sing Out 1966" at the Com-
munity Center. The motion was seconded by Mr, Jurney and carried
unanimously.
4.a. A roll call showed the following Civic Organizations and =epre-
sentatives to be in attendance:
Breezy Ridge Estates . ;4r. John sword
Beach Taxpayers League, Inc. Mr. J. Watson Dunbar
Jaycees Mr. Clifford Thomas
5. City Clerk Worthing read a letter from Mr. Norris Saltsman, Derby
Director of the South Palm Beach County SOap Box Derby, thanking the
Cityfor their cooperation and contribution to the 4th Annual Soap Box
Derby.
5.a. Mayor Avery recognized and introduced Mr~ Gilbert'Collins,
Councilman of Boynton Beach.
5.a. Mr. Jurney requested that the City Manager delegate someone to
check the status of the American Flags in al~ of the City Parks and
all public City buildings, as tothere being ~ flag at each of these
locations and the ~ondition of the flags; further, if there are nOt
flags at all such locations, that they be purchased and displayed.
6.a. Concerning a survey of parcels of land in violation of the city
nuisance laws~presented by the City Manager, Mr. Croft moved that the
City Clerk be authorized, to proceed with the enforcement of Chapter 15
of the Code'of Ordinances. The motion was seconded by Mr. Jurney and
carried unanim0usly. (Copy of Survey is attached to the officialcopy
of these minutes.) See pag~ 16~-B.
160
6.b. Ci~yManager Gatchel.~'Pre~ent~4 a proposed Assessment Roll pertain-
ing to the previously authorized storm drainage i~provemen% in Block
94, and informed Council that assessments'have been computed on the'
basis of sharing the total cost of said project as provided by them
and set forth in Resolution No. 43-65, previously adopted.
Said Assessment Roll Was unanimously approved., on motion-byMr.
Jurney and seconded by Mr. Croft. (Copy of said Assessment Rol~1 is
attached to the official copy of these minutes.) See page 168,D.
6.c. Regarding authorization for transfer of funds to cover ~ost 'for
removal of junked automobiles, City_Manager Gatchel reported to Council..
as follows: "At a special meeting of Council on November. 4, 1965,-.re-
moval of Junked cars was ordered, with the assurance that sufficient
funds to accomplish such project would be provided when needed..
This operation has been completed, for the time being, which re-
sulted in 60'3 abandoned automobiles having been removed from the City
at a coat of $4,'221.00, for which amo~% authorization is requested to
transfer same from the Contingency ACCOUnt, 910-858-800, to Trash
Collection ACcount 910-334-490."
The transfer of $4,221.00 from the. Contingency ACCOunt to T~ash
Collection Account for removal of abandoned au~omobi'les was unanimously
approved, on motion by,Mr. Croftand seconded by Mr. Jurnex.
The Finance Director reported a balance in the Contingency Account
of $53,352.00.
6.d. Regarding appropriation r~quest for f~nds to cover wage rate
schedule adjustments, City Manager Gatchel requested Council author-
ization totransfer $37,12~.00 from the General Fund Contingeno~
Account, an~ $4,949.00 from the Water and Sewer Fund Contin~encY
count, to cover ~SaI;ary increases frgm February. 1, 1966, to Sep~e~er
30, 1966,'due to ~he recent Wage Rate Schedule adjustment. (Memoran-
dum of appropriation transfer ~or salary increases, dated July.14, 1966,
from Finance Director Weber to City Manager Gatchel is attached to the
official copy of'these minutes.) ~ee page l~8~E.
Mr. Crof% moved that the requested amounts be appropri~tedfrom the
~eneral Fund Contingency ACcount and the.Water and Sewer Fund Contin-
gency Account to cover the Wage Rate Schedule adjustment, the motion
being.seconded by Mr. Jurney and unanimously carried.
Finance Director Weber reported a balance inthe contingency
~ccount of $16~'226.00.
6~e. RegaNding 'extenSiOn of saD.itarysDwer service to the seventeen
improved properties in RiO ~1 ~Y'shores Subdivision, .whiuh"lies be-
tween S. E. 7th Avenue and %he Intracoastal Waterway, immediately north
of the boat ramp at 10th Street, City Manager Gatchel read the follow-
~ng letter'from D. R. Neff, ProjectManager of Russell.& Axon, dated
July 18th'~ 1966:
"Subject: Gravity Sewers - Area 22.
1. At this time neither t~e prime contractgF, Bumby & Stimpson,
nor the subcontractor, Interc0unty ConstruCtion COrporation are
in a position to construct the'gravity sewer line discussed.'i~
my letters to you dated April 27, 1966, and June 4, 1966.
2* At any time between April 27. and June 4th I believed thcs we
cou14 carry out this work~y change.~or4er. How~er, in the
ensuing period both contractors have fully committed their
equipment and organization elsewhere."
City Manager Gatchel sa&d that it i~ anticipated there may be acme
sewer construction work planned in the Southerly area of the City, and
pe~l~ape~uch installation could be arranged for and negotiated at that
161
6.f. Regarding extension of sewer service to Pine GrOve SchOOl, the
City Manager presented the following letter from Mr. RObert W.
Superintendent of the Board of Public inst~uction of'-Palm, Beach
dated J~ly 15th:
"Re= Pine Grove School Sanitary Sewer Agreement.
The Board of Public InStruction at'a special meeting on Wednesday,
July 13, 1966, voted to acce_~pt the proposal..of the' C£t¥of'Delray
Beach to extend its system to serve the Pine Grov~ Elementary with
a gravity sanitary sewer.
The Board will make a cont~,ibution to the City in the a~ount of
$25~O00 toward the construction of the system,-
As part of the-agreement,-the. City will lay a tempor=ry line from
its present system, approximately 2000' North of theschool, tO
the school site to be used as a force main until such time as the
permanent gravity sewer is installed., The Board will ~nt~ibute
$1,500 towarfl the i~stallation of this. t~mporary force
The Boardwill instal! the pumps for this temporary~system.,
Will you pleese have your attorney prepare, the ne~ssary agree-
ment for this work. The School Board Attorney, Mr. J. Stockton
Bryan, Jr., will work with him in this' regard.
The Board is appreciative of the City Council's interest an~
cooperation'~n this matter."
The C~yManager'said that in view of Council having previously
proved this proposal, it is recommended that t'he Consulting >Engineers
be authorized to prepare plans and specifications ~or that portion of
Area 21 gravity system necessary to extend sewer service to the school,
and that it £s further suggested that Council direct the City'.At-torn~F
to prepare th~ pro,er Agreement reflecting all p~ses of the proposal
and acceptance thereof by the Boarfl of public Instruction.
Mr. Croft moved that the Consulting Engineers be authorized to pre-
pare plans and specifications for that portion of Area 21 gravity sys-
tem necessary to extend sewer service to Pine Grove School, the motion
being seconde~ by Mr. Jurney and unanimously carried.
Mr. Croft then moved that the City Attorney be instructed to prepare
the proper Agreement with the Board of Public Instruction of Palm Beach
County and return same to Council for their consideration at the next
meeting. The motion was seconded~b~Mr. Jurney and carried'unanimously.
Copy of Agreement is attached to the official Colby of minutes. See pg. 168-F-G
6.g. Regarding bids for framework and a~ning installation at the Beach
pavilion, City Manager Gatchel reported to Council as follows=
"The following bids have been received for furnishing ail neces-
sary labor a-nd material to install a new sdbsta~tial framework and
awning coverage of the pavilion=
Delray Awn,~ng $1,800.00
Tropical Awning 1,850.0~
Atlantic Awning Co. 2,035.80
It is recommended that the bid of $1,850.00 be accepted inasmuch
as this p~OpOsal reflects the understructure supports to be of ~"
galvanized PSPe, whereas the low bid of $1,800.00 incorporates in-
stallation of t%" Dips for the supports and ridge~ which is considered
of insufficient size to insure proper framework support. The Director
of Public Works, as well. as the Director of ParkS aHd Recreation, con-
cur in this recommendation,"
Mr. Croft asked if there had been speculations prepared for biff-
ding on this job,' and w~& i~formed that ~!~d.been requested from,each
party bidding that he support his bid with a sketch'~9~ and size ,of
pipe. It was pointed out that the uprightsin the .old pavilion were
of two ~nch size.
Pollowing.,lengthy discussion, Mr. Jurne~ moved~thet the City Manager
be directed to place this awning out for bid with a complete set .of
specifications. The motion was seconded by Mr. Croft and carried
unanimously.
7. a. ConCerning Public Works Plan and Governmental Fund advance Of
1946,'~City Clerk .Nor-thing reported to Council ae fol. lows=
"In september .of 1946, Federal funds in the amount of $24,500.00
were furnished ~he City as a.planning advance in connection with pro-
posed sewer facilities, returnable at such time a.s any improvement
might reflect use of anyportion of the plans created with said funds.
The following release from any liability to the Government has been
received fro~Mr. J._ P. Harris, Regional Director, Department of-Hous-
ing and Urban Development in Atlanta, Georgia:
'The Planning Advance of $2~,500.00 made to the City under
Project No. ~la.-8-P-117 is being c~ncelled under the pro-
visions of Section 102(h) (2) of the Housing ACt of 1964.
Cancellationis effected because there is no Feasonable
likelihood that facilities planned with Government funds will
ever be placed under construction. This action, tel/eves the
City ~om all repayment responsibilities u~er our Agreement
for Public Works Plan Preparation da~ed OctOber 14, 1946.
"As-buil~" plans-previous~y.-loa-ned to this Department by the
City are being returned under separate cover.
Please inform us if at any t~e in the future we may assis~
the CirC..in plan~ing..?r financing construction of public
facilities.~'
council acceptance of this release of City obligation ~s recommended
in order to p~ovtde-author~zatio~ ~or the Finance Directer's recogni-
tion thereof, as well as evidence to the City's auditors of ~he
bility release."
Mr. Croft move~ for acceptance of this release of City obligation.,
the motion being~seconded by Mr., Jurney and unanimously carried'.
7.b. ,City Clew~ worthing referred to a request from Attorney Neil E.
MacMillan, on behalf of Mr. George Loch/atto, for a right-of-way to be
prov£~e~ over City owned p~operty in o~der to furnish egress and in-
gress to 'his property, ~d commented as follows= "With reference to
the property of Mr. Loch/atto being land-locked, it should be noted
that this conditionexisted at the. time he purchased this land.
It is suggested that it may be the pleasure Of Council to refer
this matter 'to the Planning Board for study and recommendation, w~th
particular, recognition off po'~si~e.£Uture use of the l§-acre tract of
City owned land ,by local or county governmental agencies."
Mr. Croft m6ved that this item he referred t~ the Planning Board
for study and recommendation, ~s, suggested, the motion being seconded
by Mr. Jurney and unanimously carried.
7.c. The City Clerk, informed council that the ~elma, y .Beach J&ycees are
presenting the ~E ~AY BEACH ~UNIOR MISS 'PAGEANT. a :p~eliminary to the
Junior ~ra~ge Bowl Queen Contest-in M~ami on December 3rd, 1966:~ that
this pa~a~t has .~een e~dorsed by Mr. Kenneth.Ell,tng~worth,, Executive
Vice President of the DelrayBeach Chamberof.Commerce, and Mr¥ Alfred
Elliott,,the Cit~.S Director of Recreation. Further, that~the Jaycees
request permission for use Of the Community center Auditorium on
Saturday~ August 27, 1966~ from noon. to--3=O0 P.M.', and that evening at
7:00 P.M. for the~tocal judging, and that'.the Rec~eation. Director con-
curs in the recommenda~t~°n ~ ~h~.,City.Ma~ager~ that this.petit/on be
granted. ,4- 7-25-66
Mr. Jurney moved that the'. Cit. y-Manage~ 'b~.aU'thoriZed to grant that
permission to the Jaycees, subject to there-being no cO~flict with~-any
scheduled ope'ration of the .Community Cen'ter~ The motion was seconded'~
by Mr. Croft and carried unanimously.-'
Mayor Avery informed Council that the Jaycees also request
sion to conduct a parade in connection with the pageant,, and Mr. Croft
moved that the City Manage~'-be authorized to grant'that permission, .if
it is acceptable to the Chief of Police. The motion was '-sec.on~d' by
Mr. Jurney and carried unanimously.
8.a. City Clerk Worthing presented RESOLUTION NO~ 29-66';
A RESOLUTION OF THE CITY COUNCIL OF THE-'CITY oF DELRA¥
BEACH, .FLOR'IDA PERTAINING TO THE RE.IMBURSEME~ OF CERTAIN
-FUNDS FRON THE CONSTRUCTION TRUST FUND TO THE WATER REVEN~E
FUND.
(Copy of Resolution No. 29-66 is attached to the official copy of these
minutes), See page 168-~.
Resolution No. 2-9-66 was unanimously passed and adopted o'n this
first and final reading, on motion by Mr. Croft and seconded by Mr.
Jurney.
8.b. City Clerk Worthing pre~ented ORDINANCE NO. 32-66.
AN ORDINANCE OF THE CITY C~UNCIL OF' THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACIN~ LOTS · .thru 22,
BLOCK 3, LOTS 1 thru 22, BLOCK 6~ LOTS 1 thru 22, ~BLOCK
8; AND LOTS 1 thru ~1, BLOCK 9, DELRAY BEACH HEIGHTS EX-
TENSION, SECTION "A": ALSO LOTS i thru 8, BLOCK 3, DELRAY
BEACH HEIGHTS EXTENSION SECTION :'B": ALSO THE EAST-
FEET M/L OF THE WEST 1039.51 FEET OF NORTH 554.77 FEET
M/L OF LOT 19, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43
EAST: ALSO THE NORTH 435.91 FEET OF EAST 230 FEET OF WEST
1460 FEET AND NORTH 550 FEET OF EAST 250 FEET OF WEST 1230
FEBT, ALL BEING IN THE NORTH HALF OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE
43 EAST: ALSO'THE NORTH 431.28 FEET OF THE EAST 520 FEET
M/L OF THE WEST HALF OF LOT 27, SECTION 20, TOWNSHIp. 46
SOUTH, RANGE 43 EAST, IN "R~3 MULTIPLE'FAMILY DWELLING
DISTRICT", AMENDING "~ONING MAP OF DELRAY BEACH, FLORIDA
Regarding Ordinance No. 32-66, the City Clerk reported.to Council
as follows:
"Ordinance No. 32266 proposes the rezoning Of 75 platted lots and
17 acres of unplatted ~and. An Delray Beach Heights Extension from ~-IA
~t~ R-3 (Multiple Family Dwelling D-istrie%); as recommended by ',.the Plan-
~ng and Zoning Board in its unanimous approval of su~h-reclassifica-
tion, following a public' hearing thereon and additional study of the
petition and the general area to.be affectedJ
Council, on June 27th, ~!aeed this o~.inance on first reading sub-
ject · o the submission of an acceptable replat of~the property request-
ed to ];e reZo~e4~ .as suggested by the City Planner, who recommended the
vacating of the 'present'plat of. this area and replatting of same under
the City's Subdivision Ordinance.
No proposed replat of these lands has been submitted by the owners,
~'nd Council may desire to table this ordi_nance ,'for such replat sub-
mission, or should it be the pleasUXe of Council to consider Said
hence on this final reading, a public hearing has.been scheduled 'to be
provided at this time in order ~that any interested persons may be -heard.
their temoning reqUest, asked t~a~,~~%¥ be rezon~$ without
replatting as the present plat ha~ been accepted by the City in 1959
and the streets, drainage and water lines had been installed at a con-
siderable expense to the proper~Y, owners.
Mr. Gordon Miller, o.wner of a' portion of' the property· involved in
the rezon!ng request, 'was also present and asked that the request be
given favorable .consideratign; .
There was lengthY discussion regardin~g the draiaage conditions in
that area o~ townj' and it was Pointed out that there are' no Sanitary
sewers in. that area, which would add to the problems during hea~y rains.
Mr. Jurney moved 'that this request for rezoning ~e tabled-for fur-
ther study at such ~ime that the entire Co%%nci1 is present, and in the
interim period, that 'the Planning Director meet with the Council in a
workshop meeting in order that Council may hear his views on said re-
zoning request~ from R-lA to R-3..The motion was seconded, by Mr. Croft,
who said that. he wOUld like to hawed ~'ePort .from the' Engineers as soon
as possible on ~ust what 'the City is~ facing in eliminating the drainage
problem in the western section of town.
City Attorney Adams pointed 'out that said Ordinance No. 32~66 could
come back to.-Council .for final reading and public hearing, following
a public notice.
Upon call of roll, the mOtion, to table said Ordinance carried unani-
mous ly.
8.c. City Clerk Worthing presented ORDINANCE NO. 43-66.
AN ORDINANCE OFTHE CITY OF DELRAY BEACH, FLORIDA, LEVY-
ING THE A~SESBMENTS AS SHOWN BY THE ASSESSMENT ROLL SUB-
MITTED BY THE CITY MANAGER OF SAID CITY CONCERNING THE
CONSa~UCTIO~ OF S?ORM D~INS T~mOUC, S ~OC~ 94 FRO~ S. E.
2ha STarT ~0 $. E. lst.S~T ~ zASTm~Y ~O Im~R-
SECTIO~ or $. E. xst STREET AND ~,~ AVEm=, AS SSOW~ ON
SURVEY FILE ST .S 64-t, TOGETHER WITH THE INSTALLATION OF
CATCH BASINS, MAN-HOLES A~H) APPURTENANCES I~ CONJUNCTION
WITH SUCH. STORM DRAINS.
Ordinance. Eo. 43-66 was unanimousl~ placed on first reading, on
motion by. Mr. Croft and seconded by Mr. Jmrney.
8.d. The City Clerk presented ORDINANCE NO. 44-66.
AN ORDINANCE OF T~E CITY :C~' CIL OF THE CITY OF DELRAY
BEACH, ~LORIDA, REZONING AND PLACING LOTS 637 thru 811,
TRO~IC PALMS SUBDIVISION, DELRAY BEACH, FLORIDA, IN
.MULTIPLE FAMILY DWELLING. DISTRICT", AND AMENDING "ZO~TING
MAP OF DELR~Y BEACH, FLORIDA, 1960".
Regarding Ordinance No. 44-66, City Clerk Worthing reported to
Council as follows:
."Ordinance No~ 44-66 pro~i~es for. rezoning the southwest portion of
Tropic Palms Su~'division, compris~ng 174 lots, to-R-3 (Multiple Family
Dwelling Dis%¥ic't).
Council, on' June 27th., placed t~is.-ordinance on first reading with
the understanding that the ~la~.ning Dirmctor'and .City Manager meet with
the developers to provide for certain restrictions therein, as well as
providing for abrogation of the 1,957 Water Agreeme~ a.ffecting Tropic
Palms.
A public hearing on 'this proposed rezoning petition has been adver-
tised, in compliance with Cha. pter provisions; h~wever, to date, no
meeting with ~he. de~lopers has.been possible, due to their-absence
from~the area. It may, therefore3 be the pleasure of COuncil to table
this Ordinance until such time as-. it is possible to comply with Council
directive, ~.utlined in the preceding paragraph."
Mr.. 'Jurney moved that ordinance No. 44-66 be tabled until the de-
velopers of t~e props=fy domply with the ~request made by_ ~ouncil at a
previous meeting. The mot~O~"~Was se=on,ed by. Mr~ Croft and carried
unanimously. -6- 7-25-66
8.e. The City Clerk presented ORDINANCE NO. 45-66..
AN ORDINANCE OF THE CITY COUNCIL OF THE cITY O~ DE~ ~.RAY
BEACH, FLORIDA, ANNEXING ~O "~ C~Y ~F
CERTAIN ~ N~Y LOTS ~! and 57~ ~ ~0~ ~STATES,
OF SAID CITY; ~DEFI~NG ~ BOU~ARIES OF SA~ CITY
INCL~E SAID ~; PRO~D~ FOR T~ RI~TS
TIONS OF SA~ ~; A~ PRO~DIN~ FOR T~ ZONING T~OF.
(1960 North Swinton Avenue)
(Copy of'Ordinance No.' 45-66 is attached to the official copy of
~ese minutes.) See paEe 168-A~
There being no objection to ~Ordinance No. 45-66 said Drdi~ance was
~animo~sly passed and-adop~ on ~is second and final reading, on
motion by ~. Jurney an~ seconded by ~. croft.
81f. City 'Clerk Worthing presented O~IN~CE NO.' 4626~'.
AN O~I~ OF T~ CITY couNcIL OF ~E CITY OF DEL~Y
~, FLOR~A, ~ING O~I~NCE NO. ~-328, E~ING
CERTAIN TAX P~LEGES CO~AI~D IN SUBSE~ION b, SECTION
3 OF SA~ ORI~I~L O~I~N~.
(Copy of Ordi~nce No. 46-66 is attached to the official copy Of
~ese minutes.) See paEe '16.8~H.
There being no object$on tO Ordinance No. 46-66, sa'id Ordinance was
unanimouslyPasse'd ~d a~p.ted'on ~is second and' final ~eadi~~, on
motio~ by ~. ~oft a,d s6'~"ded by ~. J~ney.
8.g. The City Clerk presented 0~I~ NO. 47-66%
AN O~I~CE OF T~ CITY CO~CIL OF T~ CITY OF DEL~Y
BEA~, ~OR~A, ~ING O~I~NCE NO. G-368, E~ING
CERTAIN TAX PRI~LE~ES C~TAI~D IN SUBSECTION 3'~ SECTION
3 OF' S~D ORIGINAL O~CE.
(Copy of Ordinan~ No. 47-66 is attached to the official Copy of these
minutes. ) See ~aEe 168-I.
There being no objection to Ordinance No. 47-66, said Ordinance was
unanimously passed and adopted on this second and 'fimal reading, on
motion by ~. Jurney and seconded by ~. Croft.'
8.h. City Clerk Worthing presented O~AN~ ~. 48-66.
AN O~I~NCE OF ~ CITY COUNCIL OF T~ CI~ OF DE~Y
BEA~, F~DA, ~EXING TO ~ CI~ OF DE~Y 'BEA~
~RTAIN .~ND, ~LY ~L~ -12, LA~ SHO~ E~ATES, ~I~
~ iS~O~IG~US TO ExisTI~ ~CIPAL Li~'TS OF ~D
CITY; ~DEFI~NG ~ BO~ARIES OF SAID CITY TO INCL~E
SA~ ~, ~D~N~ FOR ~E RIG~S"A~ OBLI~TIONS OF
SAID ~; A~ PRO~DING FOR T~ ZO~NG T~O~.
('20~. 'W. ~ Avenue)
Ordinance No. 48-66'WAS ~animously placed on first 'reading, on
motion' by ~. Croft a~d seconded 'bY ~.' Jurney.
9.a. City Clerk Worthing info~ Council that on June 2~th, ~ey
referred a proposed ordinance ame~ing ~apter 29 of the. Code of
Ordiaances, restricting th~ lo~at.i~s of Gasoline and Oil Fill'ing
Stations or Service Stations., to ~e 'Pla~ing Board for study and
reco~endations, and ~t said Board, at its re~lar meeting on July
19th, desired additional1 time ~to review'~ate proposals in o~der
to submit its reco~enda~ions.
i66
9.b. Regarding the Planning Board's report on a p~tition for Special
Exception to-building height .from. 45 feetto 92. feet on Lot 6, Block
N, John B. Reidts Village,. and that portion of Block 141 lying between
said Lot 6 and the eas~e~.l~.right-of-wa~..line of ~he ~Intracoastal
Waterway, ¢it~ clerk"Wor~hihg'reported ~hat s~id B°a~d .unanimously
recommends that the sPecialEXceptionbe .granted.~d Site Plan approved
as submitted~ further, that Council may deny or sustain the recommenda-
tion of the Board as set forth in its report.
The recommendation of the Planning Board, to grant said Specia!
Exception, was unanimously sustained on motion by Mr. Croft and sec-
onded by Mr. Jurney.
9.c. City Clerk Worthing reported that as a result of recent referral
from Council, the Planning Board held a public hearing on a petition
for rezoning Lots 1 and 2, Block 12, Dell Park, and that the Board
unanimously recommends reclassification of said Lots ]..and 2 to R-3
Multiple Family Dwelling District.
The recomme~da~ion o~he Planning Board was unanimously sustained
on motion.by'Mr. Croft and seconded by Mr. ~urney.
City Clerk Worthing then presented ORDINANCE NO. 49-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LOTS 1'.and 2, BLOCK
12, DELL PARK SUBDIVISION, DELRAY BEACH, FLORIDA, IN "R-3
MULT!.pLE FAMILY DWELLING DISTRICT", AMENDING "ZONING
OF DELRAY BEACH, FLORIDA 1960", AN~ PROVI~ FOR CONDI-
TIONAL USE OF SAID LAND AS A MEOXCAL CENTER.
Ordinance No. 49-66 was unanimously placed on first reading, on
mo~iOn by ~r. Croft and'~econded by Mr. Jurney.
9.,~ The City Clerk informed Council that the Planning Board desires
to amend the City Housing Code, as reflected in ~ letter to council, in
6r~er tO provide for proper enforcement of existing regulations, Fur-
~her, that it is recommended that this propOSed amendmSnt be'referred
to the City Attorney for determ~.ation of .its legal feasibility, and
subject thereto, to be incorporated in an ordinance for Council con7
sideration at the next meeting, which, in effect, will be an amendment
to Ordinance No. G-336. It was so moved by Mr. Jurney. The motion was
seconded by Mr. Croft and carried unan~haously.
10.a. The City Clerk informed Council that as a result of Council
directive at the last regular meeting, a proposed Supplemental Agree-
ment has been prepared, and this Agreement, in part, covers special-
ized engineering services for the purpose of authorizing the Consulting
Engineers to prepare a ComPrehensive.Study, subseqUent to final Plan-
ning of storm drainage in a portion of the southwest area of the City,
and to prepare, proper DePartment of Ho~s%ng. and~ Urban DeveloPment ap-
· plication forms for an.A~vance Planning~'an.,~nder P~blic LawN°. 560,
supported by sufficient data, collectedlby sai~ Engineers, relative to
the determined improvement.
Mr. croft moved that the appropriate authority be authorized to
execute Supplemental A~=eement .No. 10 with Russell &Axon, the motion
being seconded by Mr. Jurneyand unanimoUsly carried. See paEes 168-J-168-P.
10.x. City Manager Gatchel informed.Council that Supplement&l Agree-
ment No. 10, just approved, calls ~or the payment of $1,000.00 to . '
Russell & AxOn for the. pre~aration o~ the application to the Department
of Housing and Urban. D~velot~ent, and that he would recommend that such
funds come from the .Con~i~g%gCy Account.
- Mr..Croft moved that. sa.id $1,000.00 toRusSell & Axon be. transferred
fro~ the:'Co~tinge~c~A~iCou~t',~the motion ~e~ng ~econded by Mr~'~ney
and unanimously carried~.
10.x. City M~nager Gatchel informed Council that r2ne~e had been a
considerable amount Of, publicity given to. ambulance servic~ being
discontinued by the funeral homes in the~ area, and re~orted that con-
tacts have' been made by. th~ City Admin~stration and he believes there
wi11 be continuous ambulance service-irc the City by a private enter-
prise,
lO.b. City Clerk Worthing presented Bills For Approval, as follows:
~eneral Fund $ 195,039.52
Water Revenue Fund 56,896.19
Water .Operating & Maintenance Fund 1,715.42
Special Assessment Fund '200.70
Refundable Deposits Fund 2,696-.'00
Improvement Fund 11,848-. 66
Cigarette Tax Fund 23,143.96
Capital Improvements Construction Fund '105,687.45
Sewer Construction Trust Fund 25,684.90
The bills were unanimously ordered paid, on motion by Mr. Croft and
seconded b~ Mr. Jurney.
The meeting adjourned at 9:40 P.M.
City Cler~
APPROVED:
MAY. OR
-9-. 7--25-66
}
l
168-A
ORDINANCE NO. 45-66.
AN ORDINANCE OF' T~LE CITY COUNCIL OF T~E CITY OF DELRAY
BEACH, FLORIDA, AN~XiNG TO THE C~Y OF DELRAY...BEACH
CERTAIN LAND~ NAMEL'~Y LOTs 51 and 37, LAKE sHORE ESTAT~S,
wsIcH n~m is e~b0~s ~o ~m EXZSTI~ ~,m'~CZPAL LI~mTS
OF SAID CITY~ ~nEFX~INe ~m BO,mnARI~S OF SAID CITY TO
INC.,mS SAX~ LA~ PROVInIN~ FOR THS RInSeS A~O OBLIgA-
TIONS OF SAXD~ nrmm~ rmm PROV~DIN~ FON T~ ZO~Se T~OF.
WHEREAS, CHURCH OF THE PALMS, CONGREGATIONAL UNITED CH~RC~ OF
CHRIST, INC., is the fee simple owner of the property hereinafter de-
scribed, and
WHEREAS, the said CHURCH OF THE PALMS, CONGREGATIONAL UNITED
CHURCH OF C~RIST, INC., by ~%e ~etition, has consented and given per-
mission for the annexation of said property by the City of Delray Beach,
and
W~EREAS, the City of Delray Beach has heretofore been authorized
to annex lands in accordance with Section 185.1 of the City Charter of
said City granted to it by the State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
§ECTION 1. That the City Council of the City of Delray Beach,
Palm Beach ~ounty, Florida, hereby annexes to said City the following
described tract of land l~cated in Palm Beach County, Florida, which
lies contiguous to said City, to-wit:
That tract of land, namely Lots 51 and 57, Lake Shore
Estates, per Plat Book 25, page 26, Public Records of
Palm Beach County, Florida.
~ECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
scribed tract of land, and said land is hereby declared to be within
the corporate limits of'the City of Delray Beach, Florida'.
SECTION 3. That the tract of land hereinabove described is here-
by declared to be in Zoning District R-1AA, as defined by existing ordi-
nances of the City of Delray Beach, Florida, and permissive use is here-
by granted for improvement of said property for churchand educational
purposes.
.SECTION 4. That the land hereinabove described shall immediate-
ly become subject to all of the franchises, privileges, imn~unities,
debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach.are now or may be, except as otherwise provide4
in Chapter 192.06 of the Florida Statutes, 1961, and persons residing
thereon shall be deemed citizens of the City of Delray.Beach,
SECTION 5. That .if any word, phrase, clause, sentence or part
of this ordinance shall be declared illegal by a court of competent
jurisdiction, such record of illegality shall in no way affect the re-
maining portion.
PASSED in regular session ~n the second and final reading on
this the 25th .day of Jul~ , 1966.
/s/ al. ~. av~7
ATTEST: M A Y O R
/S/ R. D.
City Clerk
First Reading Jul~ 11, 1966 Second Reading -- Jul~ 2~ 1966
168-B
FROPERTIES.XN V~OLATION OF O~DINANC~ ~O. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
PROPERTY CITY
OWNER ~DDRESS ~SCRIPTION CODE
1.
Jerome M. 'Portman 1621 North Swinton Ave. Vacant part of Lot 17, 15-4
Delray Beach, Fla. Bonniecrest 3rd Add.
2.
Gilbert Small 44 University Ave. Vacant part of Lots 15-3&
Providence, R.I.02906 15 & 16, Block 46 15-4
Robert L. &Mary 5001 River Hill Road Vacant part of South 15-3
Sundy McCan Washington, D.C. 22 feet of Lot 7 & &
20016 North 33.5 feet of 15-4
Lot 8, Block 74.
Jay Barton 419 Union Avenue Lot 15, Block 1, 15-35.
Batavia, Illinois 60510 Dell Park 15-4
5.
Leonard L. & Mina 258 S. E. 6th Avenue East vacant overgrown 15-3
E. Surles & Delray Beach, Florida part of North 75 feet a
Doris Surles of LOt 12 less West 5 15-4
~feet, Biock 1,
Osceola Park.
6.
Antero & Clare P. 945 S. W. 6th Ave. Vacant part of Lot 37, 15,3&
Bellucci Delray Beach, Florida Delray Manor 15-4
Violations 15-3 and 15-4 as concerns this report
are as follows:
1. 15-4.- high weeds
2. 15-3 - garden trash
15-4 - weeds
3. 15-3 - trash, junk and loose garbage
15-4 - high weeds-
4. 15-3 - garden trash, logs and loose trash
15-4 - weeds, also Uadergrowth along north property line
5. 15-3 - garden trash
15-4 - high weeds
6. 15-4 - high weeds
Submitted to the City Council by the City
Manager on this the 25th day of J~ly, 1966.
RESOLUTION NO. 29-66.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA PERTAINING TO
REIMBURSEMENT OF CERTAIN'FUNDS' FROM THE CON-
STRUCTION TRUST FUND TO THE WATER REVENUE
~EP~EAS, Sub-section (C), Section 3~of the Construction
Trust Fund Agreement, dated January 4, 1966, between the .City .of
Delray Beach, Florida and the First National Bank of Delray Beach~
provides that the City may reimburse 'itself fo= amounts paid
directly by the City for the cost of the construction of additions,
extensions and improvements to the Sanitary Sewer System~ and
~HE~AS, there were certain amounts paid for the con-
struction of'additions, extensions and improvements to said Sani-
tary Sewer System so as not to forfeit interest on investments of
the Construction Trust Fund which should be reimbursed to the Water
Revenue Fund from said Construction Trust Fund~
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA~ AS FOLLOWS=
That the Water Revenue Fund shall be reimbursed from the
Construction Trust Fund for the following disbursements=
Voucher 1181 March 9,' 1966 Bumby & Stimpson $ 91,580.01
Voucher 1192 March 30, 1966 H & S Conetructore 21,5~3~48
VouCher 1196 April 21~ 1966 Bumby & Stimpson- 105.~.928.50
TOTAL $219,021.99
PASSED AND ADOPTED this 25th day of July, 1966.
MAYOR
ATTEST:
City Clerk
ASSESSMENT ROLL.
Construction of Storm Drains through Block 94 from S. E. 2nd Street
to S. E. 1st Street and easterly to interseution of S. E. 1st Street
and 4th Avenue, as shown on Survey File ST S 64-1, together with the
i~stallation'of catch basins., man-holes and appurtenances in conjunc-
tion with such storm d~ains.
ASSESSMENT Per Benefit.ed Square Foot -$ .01549?
DBSCRIPTION BENEFITED TOTAL
OF PROPERTY OWNER SQ. FT. ASS'M.
South 240 feet .~lortda East Coast 26,400 $ 409.12
lying East of ;~a£1way Company
Railway, Block 85
Block 86 lying Florida Bast Coast 99,450 1,541.17
Bast of Railway Railway Company
Block Lot
94 1 H.~Haild Zeder 8,262 128.03
94 2 Hi Haild Zeder 8,262 128.03
94 3 H. Haild Zeder 8,262 128.03
94 4 H. Haild Zeder 8,262 128.03
94 5 H. Haild Zeder 8,262 128.03
94 6 and
N ~4&2' of 7. H. Haild Zeder 11,529 178.66
94 8, 9 & 10 &
S 37' of 7. Leo A. & Joan M. Blair 29,560 458.09
94 12 H. Haild Zeder 8,262 128.03
~4 13 ~. Hatld Zeder 8,262 1~8.03
94 14 H. Haild Zeder 8,262 128.03
94 15 H. Haild Zeder 8,262 128.03
94 16 H. Haild ~der 8,262 128.03
94 17 H. Haild Zeder 8,262 128.03
94 18, 19 Southern Bell Telephone and
& 20. Telegraph Company 24~786 384.10
282,607 $4,379.47*
Adv, Resolution No. 43-65. $ 34.66
Oneman Engineering (Contract) 5,417.68
Assessment Roll (~st) 1~.40
Ordinance CaptiOn (Bst) 6.60
$5,474.34
Less 20% - 1,094.87 City'S share per
Res. No. 43-65.
* 80% to be ASSESSED $4,379.47
~68-~
THIS AGHEKMENT betveen the BOAPd) OF PUBLIC INSTRUC-
TION OF PALM BRACH COUNTY, FL0~IDA, hereinafter referred to as
the Board, and the CITY OF I~LaiAY BEACH, Palm Beach County,
Florida, a municipal corporation of' the State of Florida, here-
inafter referred to as the City.
In consideratl~ of the te~s, provisions mn4 condi-
tions hereinafter contained, it is mutually agreed betveen the
Board and the City as follows:
1. The City shall provide all labor, services and
materials to be utilized in connection vlth the installation
of a temporary sanitary sever line fr~m the Pine g~ove
tary School to the present City .~a~ll~a~y sever system, approxi-
mately Two Thousand (2,00~)Feet ~%h of said ,chool site.
2. The 'C~Y shall complete the installation of said
temporary sanl%ary sewer line within thirty days fro~ the date
of the signing of this Agreement by both parties.
3. The Board will install the p.-.ps for this tem-
porary system at the Board's expense and will pay to the City
the sum of $1,500.00 for the aforesaid temporary lnstallatiom
on or before September 1, 1966.
4. The City further agrees to extend its per~anent
sanitary sewer system into Ar~a 21 to connect with the ~lne
Grove Elementary School. This system shall consist of a per-
manent ~ravlty sewer and shall be the property of the City and
any maintenance required to s~id installation shall 'be performed
by the City at the City's expense.
5. The City has heretofore authorized Russell and
Axon, Consulting Englneers~ to proceed with the Final design
plans and when the construction contract is awarded, the Board
agrees to pay the City the s~n of $25,000o~0 as the ~oard's
contribution, which sum shall be placed in the Sewer Construction
T~ust Fund. and used as a ~Ption off the payments to the sewer
contracto~ upon payment estimates prepared and certified by
Russell and Axon, Consulting En~ineers.
6. Upon notification to the Board by ~e City that
said temporary sewer Force main Is completed and operable, the
Board agrees to pay the monthly s~ off $75.00 as a service charEe
to the City, which char~ shall moments September 1, 1966.
IN ~IT~SS ~0F, the Boa~ of Public Instruction
Palm Beach Cowry has caused this lnstment to be executed by
its Chal~mn and attested by its Cowry Superintendent, and the
~ity of Del~ay Beach, Pal~ Be~ch County, Florida, has caused this
lnstr~ent to be executed by itc ~yor ~d attested by its City
Clerk on the respective datem ms l~leated below.
SiEned on behalff of the Boa~ the
OF~Cfl COUNTY, ~O~DA
AT x % '
County Superintendent
Signed by the City on the day
[966.
CITY 0F D~Y B~CH~
.AT,ST: a Municipal Corporation
(~IC~
168-H
ORDINANCE NO. 46-66.
AN ORDINANCE OF THE CITY 'COUNCIL OP THE CITY OF
DELRAY BEACh, FLORIDA, ~ENDING ORDINANCE NO. G-328,
EXTENDING' ~ERTAIN TAX PRIVXLEGES CONTAINED IN SUB-
SECTION b, SECTION 3 OF SAID ORIGINAL ORDINANCE.
WHEREAS, it has been determined that contemplated m.unicipal
services will not accrue to the lands affected by Ordinance NO.
G-328 within the period mentioned in Subsection b, Section 3 of
said Ordinance;
NOW, THEREFORE, BE IT .ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Subsection b, Section 3 of Ordinance No. G-328, be, and
the same is hereby amended to read as follows:
"b. TAXES:
Because municipal services will not accrue to said
lands until such time as they are developed, said
lan~s shall .not be liable for ad valorem taxes for
a period of twelve (12} years from August 20, 1959,
except in the following events and under the follow-
ing circumstances:
(1) In the event any parcel or lot is sold, trans-
ferred or otherwise disposed of, or in the event
buildings or structures (except temporary real
estate office) are constructed on any parcel or
lot, then such parcel or lot shall be subject to
normal taxation, including the bonded indebtedness
of the City of Delray Beach, Florida. it is clear-
ly understood that no' lot or parcel shall be deemed
sold or transferred when conveyed by one of the un-
dersigned Petitioners to Sherwood Park Developers,
Inc., or to Roy L. Calamia.
(2) In the further event any portion of the lands
described upon attached "Exhibit 1" are platted or
subdivided, the tax moratorium aforesaid shall re-
main effective and in full force, subject to the
conditions of sub-paragraph b (1) of this SECTION
except,, provided, when 50% of the lo~s shown upon
such Plat or Subdivision are sold, such moratorium
shall cease and terminate as to those platted lots
remaining unsold and thereupon each of the remain-
lng unsold lots, as. shown upon such Plat, may there-
after be taxed at an annual tax not exceeding $10~00
per lot for the remaining unexpired portion of said
twelve (12) year moratorium.
(3) At the expiration of twelve (12) years from
August 20, 1959, all the above described lands shall
become subject to normal taxation, including the bond-
ed indebtedness, of the~ City of Delray Beach, Florida."
PASSED AND ADOPTED in regular session on this second and
final reading on the 25th .day.of . July , 1966.
/g/ Al.
MAYOR
ATTEST:
/S/ R. D. Worthing
City Clerk
First Reading July 11~ 1,96,6. Second Reading, July 25, 1966
ORDINANCE NO. 47-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMSNDING ORDINANCE NO. G-368,
EXTENDING CERTAIN' TAX pRIViLEGES CONTAINED IN SUB-
SECTION 3, SECTION 3 OF SAID ORIGINAL ORDINal.
WHEREAS, it has been determined that contemplated municipal
services will not accrue to the lands affected by Ordinance No.
G-368 within the period mentioned in Subsection 3, Section 3 of
said Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY B~ACH, FLORIDA, 'AS FOLLOWS:
Subsection 3, Section 3 of Ordinance NO. G-368, be, and the
same is hereby amended to read as follows:
a. In consideration of owner's consent to annexation
and conveyance of 60 foot right of way, as above set
forth, and since municipal services wiI1 not accrue'.
to said lands until such time as development is under-
taken and completed, said lands shall not be liable
for ad valorem taxes for a period of twelve (12) years
from the date hereof, except in the following events
and under the following circumstances:
(1} In the event any parcel or lot is sold, transferred
or otherwise disposed of, or in the event buildings or
structures (except. temporary real estate offices) are
constructed on any parcel or .lot, then such p~rcel or
lot $hall be subject to normal taxation, including debt
services levy for the bonded indebtedness of the City of
Delray. Beach, Florida. It is clearly understood that no
lot or .pamcel shall be deemed sold or transferred when
conveyed by the undersigned petitioner to Sherwood Park
Developers, Inc., or to Roy L. Calamia,
(2} In the further event any portion of ~ lands de-
scribed upon attached .Exhibit "1" are platted or sub-
divided, the tax moratoEium aforesaid shall remain
effective and in full force, subject to the conditions
of sub-paragraph (1) of this paragraph 3.; except, pro-
vided, when 50% of the lots shown upon such plat or
subdivision are sold, such moratorium shall cease and
terminate aa to those platted lots remaining unsold
and thereupon each of the remaining unsold lots, as
shown upon such plat, may thereafter be taxed at an
annual tax not exceeding $10.00 per lot for the re-
maining unexpired portion of said twelve (12) year
moratorium.
(3) At the expiration of twelve (12) years from the
date hereof, all lands herein ~escribed. upon the at-
tached Exhibit "1", shall become subject to normal
taxation, including the-debt service levy for the
bonded indebtedness of the City of Delray Beach, Florida."
PASSED ANDADOPTED in regular eession~ this second and
final reading on the 25th day of July , 1966.
ATTES~.~ M A Y O R
/S/ R. D. Wom~hing
City Clerk
First Reading_ J~l~ 11~ 1966 Second Reading July 25, 1966 . ..
THIS St~P~AL AGR~NT, ~de and entered into this
day of ~~ , 19 ~ ~i-by ~d be~ ~e Ci.ty off Delray Bea~,
a ~nicipality in Palm Beach Cowry, Florida, actini by and thro~Rh its
~ayor and City Comcil, the goveming b~y ~d officers, hereinaffter ~efe~ed
~o as the O~ER, ~d R~sell ~ ~, Consul~in~ Engineers; Inco~ated, a
lissouri co~oration, authorized to en~age in business in the State of Florida,
having the principal Florida o~ic;' in Da~ona Beach, Florida, ~ith area offices
in Palm Beach Cowry ~d Pinellas Cowry, Florida, hereinafter refferred to as
the ENGINEERS.
~ERE~, the O~ER has de~ed i~ desirable to have certain engineerin~
studies and i~ves~igations prepared in connection ~ith s~o~ drainage in a
portion of the seuthwest section of ~lray Beach, ~d
~REAS, this S~PLE~AL ~E~, u~n.its adoption ~d execution
shall become supple~ntal to the existing Engineering ~reement between the
O~ER and the '~Gi~ERS dated Septe~r 30, 1959', including all existing
supplements, additions or ~ents connected therewith, and
~RE~, this S~PL~AL A~ S~ll'cover specialized engineering
se~ices for the pu~ose of p~paring a C~rehensive Study.,~d s~bsequent
final*planing of sto~ drainage in a portion of the southwest section of
~lray Beach, said Comprehensive Study hereinafter refe~ed to as the Pro~ect,
and
~REAS, the ENGINEEr, by virtue of their experience in the sto~
drainage engineering field, ~d being nati~ally ~o~ ~ictpal engineers,
are well qualified for ~mishing' the consulting se~ices essential to
successfully c~lete the Project, ~d in addition have the facilities
staff to perfo~ such engineering se~ices~ ~
WI~ESS~; that in consideration of the ~tu~'l 'coven~ts herein
contained, the parties hereto ague as follows:
~e ~ER does hereby ~loy Russell ~ ~on, Consulting~Engineers,
Inco~orated, to perfo'~ all of the engineering se~ices in co~ction ~ith
the Project, as ~ay be specifically desi~ated by 'the ~ER, and the O~ER
agrees to pay the ~GINEE~ for such sewices in accord~ce ~ith the
provisions of this Ag~e~nt.
SECTION I - PREPARATION OF APPLICATION 'FOR GOVERNMENT ADVANCF-
FOR PLYING, PUBLIC [AW 560:
The ENGINEERS agree to collect sufficient data for the preparation
of HUD application forms for a planning loan under Public Law 560. The
ENGINEERS will prepare these fo~s and the necessary copies for application
to the Department of Hosing and b~ban Development for advance of Federal
funds to cover the cost of engineering services required to be perfox~ned
under the following Section II. 1'ne ENGINEERS will rect~m~end to the OW~R
the extent of the improvements that should, in their opinion, be included
in the preliminary project plans, but the OWNER will decide on the exact
scope of the project.
TERMS OF PAYMENT FOR SECTION I: When the ENGINEERS have submitted to
the OWNER the required five copies of the above-described Federal Planning
Application forms, together with the required estimates and supporting data,
and carried out such direct contact with HUD as deemed necessary, the OWNER
agrees to pay the ENGINEERS the amount of O~e Thousand Dollars ($1,000.00).
Upon approval by the Federal Government of the Planning Loan~the
ENGINEERS will proceed with all necessary studies and investigations and
prepare a Comprehensive Report covering the engineering, economic and
financial considerations for the development of a storm drainage program in
a portion of the southwest section of the City of Delray Beach.
The Comprehensive Report will include data necessary to provide the
OWNER with information concerning all aspects of the Project from the stand-
point of engineering and feasibility, based on present demands and projected
City growth. Project recommendations will be supported by factual data
including preliminary estimates and criteria for project programming,
financing and construction, an outline of appropriate means of financing,
operating and maintenance costs, principal and interest payments, and other
pertinent fiscal features.
The ENGINEERS will coordinate~J~eir efforts in the development of
this Project with the City Administration, the City Manager and City
Attorney, the City's financial advisor, the Department of Housing and Urban
-2 -
· 168-L
Development, and such other channels as may be necessary or designated
by the OWNER, to assure that all aspects of the Project haYe been duly
considered.
It is the intent to furnish a Comprehensive Report which provides
a!l necessary engineering, economic and financial studies from which a
final financing and construction program can be established by the OWNER
in conjunction with its ENGINEERS, and the Financial Advisors.
The Comprehensive Report will include but not necessarily be limited
to the following items of service:
1. A study of existing drainage ficilities.
2. A study of rainfall and run-off.
$. Recommendations as to the required storm drainage and
storm sewer improvements as indicated by the above
studies.
4. A study of the existing streets and incidental drainage
in order that stormdrainage improvements may be integrated
with existing works.
S. Basic city maps showing the existing streets as well as
the recon~nended storm drainage.
6. Preliminary cost estimates on the recommended improve-
ments, such estimates to be in sufficient detail to permit
the O~NER to determine the specific scope of construction
plans when needed.
7. Recommended subdivision regulations for storm drainage
and street construction Within the City of Delray Beach.
8. Cooperation with the O~ER's fiscal .agent in the prepara-
tion of a feasible program for financing the recommended
improvements.
9. Identify areas, and properties benefited and establish a
relationship with the cost of drainage.
10. Preparation of a Comprehensive Report setting forth the
interpretations and results of the studies, engineering
recommendations and cost estimates of the proposed
construction.
SpeCial Services
' In addition to the items outlined above, the RNGINE£RS, either
during the preparation or upon completion of the Preliminary Report, agree
to provide the OWNER with the following services:
a. Investigation of available Federal and State funds for the
planning and development of the Project.
b. Cooperation with the OWNER'S Financial Advisors and Bond
Attorneys as regards any of the engineering-fiscal recom-
mendations outlined in the Report, including ~eetings with
Financial AAvisors or prospective Bond PurchaSers.
-5-
i~8-M
c. Attendance at necessa~/ public meetings as reqUested
by OWNER and representation o£ the O~NER, fro~ an
engineering standpoint, in all matters pertaining to this
Project. The ENGINEERS will cooperate with the OWNER
for the purpose of disseminating information to the Public
as regards this Project.
TEP3{S OF PAYMENT POR SECTION II: When the ENGINEERS have completed
the services as outlined above, and filed with the OWNER twenty (20) copies
of the Comprehensive Repbrt, the OWNER agrees to pay the ENGINEERS a sum as
previously established in the HUD Planning Loan Application processed under
Section I, and subsequently approved by the City Council.
It is understood and agreed that in the event the Project scope is
altered by the OWNER after presentation and acceptance of the Report re-
quiring major changes which cause additional expenditures on the part of
the'ENGINRERS, the OWNER will compensate the ENGINEERS for such additional
expense to the satisfaction of both parties from separate sources of funds,
in accordance with the "Schedule of BaSic Minimtan Engineering Fees - 1955",
of the Florida Engineering Society, attached and made a part of the exist-
ing Engineering .Agreement, dated September 30, 1959.
It is further understood and agreed that the fee established in
Section I. will be credited against the fee established in Section II.
when the planning loan is consummated.
If the OWNER requires additional copies of the Comprehensive Report.
the ENGINEERS agree to supply any number of additional copies at no more
than reproduction and mailing costs.
SECTION I II , ADDITIONAL ENGINEERING SERVICES:
Additional engineering services such as preparation of Final Construc-
tion Plans and Specifications and other related services connected therewith,
including Surveys, Consulting Services During Construction, Resident Engi-
neering and Inspection, Annual Reports, etc. shall be prepared by the
ENGINEERS when authorized by the OWNER, all in accordance With the appli-
cable terms, conditions and compensation as outlined in the existing
Engineering Agreement dated September 50, 1959, and its attached Schedule of
Basic Minimum Engineering Fees - 1955 of the Florida Engineering Society.
The ENGINEERS agree to prepare Final Construction Plans and Specifications
when authorized on an accumulated.fee basis, based upon the total amount of
-4-
construction work designed by the ENGINEERS during their tenure of
employment with the OWNER. TherefOre, the design fees which may become
applicable to thfs Project shall be predicated upon a construction
project in size of $1,000,000.O0 or above, with separate compensation for
other related services as previously authorized and paid to the ENGINEERS
on other similar improvement projects.
SECTION IV - AUTHORIZATIONS:
Authorizations for the ENGINEERS to render any or all of the various
types, kinds or classes of services herein shall be given in writing to the
ENGINEERS by the City Manager, the authorized representative of the City
Administration, and unless such authorization in writing is received~ the
ENGINEERS shall not be entitled to submit invoice for such services.
SECTION V- TERMINATION'OF AGRNEMBNT:
It is agreed by and between each of the parties hereto, respectively,
that each of the parties shall have, and there is hereby reserved to such
parties and each of them, the right to cancel and annul this Agreement in
accordance with the provisions of the existing Engineering Agreement dated
September 30, 1959.
Further, it is covenanted and agreed 6y and between the parties
hereto, that in case or in the event that this ·Agreement shall be cancelled
as herein provided, the OWNER will pay unto the ENGINEERS all amounts due
under the terms hereof, provided however, that in the event of termination
prior to completion of the services outlined under Section I and Section II,
the 0~NER .agrees to pay the ENGINEERS all amounts due on a cost plus payment
basis in accordance with the Schedule of Basic Minimum Engineering Fees -
1955, of the Florida Engineering Society.
IN WITNESS ~HEREOF, the O~NER has caused this instrument to be
executed in its name by the CITY MANAGEE
the Official Authorized Representative of the City of Delray Beach, Palm
Beach County, Florida, its seal hereunto affixed and attested by the Clerk
of said City; and the ENGINEERS have caused this instrument to be executed
in its name by its duly authorized officer and under corporate seal affixed.
-5-
168-0
CITY OF DELRAY BEACH
PALM BEACH COUNTY, FLORIDA
Attest: (A Municipal Corporation)
(SEAL)
RUSSELL ~ AXON
Attest: CONSULTING ENGINEERS, INCORPORATED
~As~i s~[nt~ecretaz7 - _ -~~
(SEAL)
Approved as to Fox
City Attorney
-6- '
C E R T'! ~'!'C'AT ION
I, Betty B. Hanson, do hereby certify that I am the duly qualified
Assistant Secretary of the' Corporation named herein as the Engineers; that
Geo. D. Russell, who signed this Agreement on behalf of the ENGINEERS,
was then President of said Corporation; that said Agreement was duly signed
for and on behalf of said Corporation by authority of its governing body,
and is within the scope of its corporate powers,
IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal
of Russell & Axon, Consulting Engineers, Incorporated. this ~ ~ay