11-24-65SpMtg 327
A special meeting of the City Council Of the City of- Delray Beach
was held in the Council Ohambers at ~'~'00 P~M., wednesday, November
24th, 1965, ~ith Mayor Al. C. Avery in the Chair, City Manager David
M. Gatchel, City Attorney $ohn Ross Adams, and Councilmen $. LeRoy
Croft, James H. Jurney, Jack L. Saunders and George Talbot, J~.,
being present.
Mayor Avery called the meeting to order and announced that same
had been called for the purpose of Council canvssslng the'returns of
the Primary Election held on Tuesday, November 23rd. 1965, and for any
other business that may come before the meet..~ng.
An opening prmyer was delivered by City Clerk R. D. Worlthing, and
the Pledge of Allegiance to the Flag of the United States of America
wa~ ~Iven~
City 01erk Worthing reported to Council as follows:
"In compliance wibh Section 155 cf the 0ity Charter
the RESULTS of the PRIMARY ELECTION, held on Tuesday,
Nov. 2~yrd, 1965, are as follows:
AL. GL AVER~ ~. 12~9
Walter Dietz_
Subject to the absence of a declaration of contest,
by any of the candidates, Council shall declare, the
res~tt of %he ~ctian_as shown ~y~he,°~Ret~u~ns~
made by the Clerk 'and Inspectors f~r said-.Electi~on.
.~ Voters VOtes -Oast ~ I ~ ' ~Y DIETZ
"PRIMARY ELEO~ION - NOVEMBER 2~d, .196~
~ ~ ~ MAC H I N'~E S
TOTAr,
?o,~ -~i~,o~
TERM
2-Yea~
AL. ¢. AVERZ ~ ? _~ ~ ~ ~4~~ _ 3OO
WAL~ER Dr~TZ ~ ~8 ~ ~ ~7~ ~ n~ ~5
T~AL VOTES ~OAST
TOTAL VOTER~ (Machines~ ~O .....
TOTAL VOTERS (Absentee) . ~11 .
G~R~D~ T~AL .VOTERS ~ ~ 2131 ~
~yor Avery asked if ~. Walter Dietz or.a representative of his
w~ in the audience, but ~. Dietz was not present n~ represented.
Mayor Ave~ offered ~e~ flOO~to~.~ ~S/'H.-~y for any
challenge or decimation, but ~ ~ney~smid that he had none.
Ci~ Clerk Wo~thing ~s$id that i~would be the pleasuP~e of the
Council tc dec l~;~ ~res~ult~:~of ~the. Elect~on as~ sho~ ~ ~e.~
s~bmitted by the .Q~ ~d t~ ~spectors thereof. It~ ~ so moved by
Oity Clerk Worthin~ commented and explained am follows:
"Concerning the information sho~n at the bottom of
the s~umna~y ehe~t:,~icl~' w~s.~ee'$diin' f~'eht ~
of ~ou gentl~en,~ ~d ~ oV.e~ea~d some-.co~ve~sati~n
at the elec$~n polls last n~ e~ a ~l~fe~emce
votes cast' amd v~e~s ~a~ear~mg~ ~ mer~l~ w~t
cl~if~ that fo~ ~ha~ it ~y ~e worSh to you gentle
men~ ~eu will see ~at ~he eVidence reflecte~
the voti~g m~chines disclosed 2~9 vote~s~ ~
were 21~.:votes ca~t. ~e~e~is a g~f~oe ~me~eo~
ef ~ vo~es, 'ail of which is due to the fact
hum~ ~at~e, as we all ~ow, a~ t~ea is pec~i~.
~ere are voters ~o go Jato a voting'mach~
flip the'lever ~d belie~e that constitutes a~
provides for ~e vote that they desired to .m~e;
~d then being so th~tfu~ as they ~e~
of co, tea2 for the next vote~, they t~.$he lever
back up, then pull .the lever in order to let~them-
selves out of ~e booth, thereby ~en tha~ t~e of
voter leaves the booth, no veto has been c~t.
is the re,son for the difference in those
numbers ~ - 2~ votes.
The presen~ machines being used, which ~e ~He
machines that have been used for the pest
ye~s, pe~it ~t. ~he new machines, which you
gentlemen have ~ead about that the CoWry Oo~
~ssi~ has procured and provided for acquisition
of~ will not Pe~it such ~ction. Once a lever is
pulled do~ to vote for a c~dida~e, such leve~
must remain do~ i~ order, that ~he vote~-ma~ pull
the lever which releases ~e curtain ~d lets
ou~ ~"
~2or Avery said he tHou~t the e~l~ation b2 Ci~ Clerk-~0rthing
s~ld be*~ccepted ~d ~proved. It was s~ moved
motien w~s seconded by ~. Baunders and c~ied un~mously.
-~ City Atto~ey Ad~ said he ~eed with 0ity 01e~k Wo~thing that
~ite of the fact ~hat one of ~he c~didetea in the ~ovember ~3rd
electl~m ~eceived over f~ty per cent of ~e votes cast, it is still
necessary to have a ~neral election, wit~ the two m~didates having
the h~est votes being the no~nees and their n~es placed on' the
baI!o~. ~rShe~, a-t ~ re~ues't of ~ OSty: ~ager and ~2or, a
ni~t ~etter h~d been sent to the At'~r~e~ General of ~he Btate of
FlUids, as follows~ d~ted November
"Yo~ ~e urgentX~ re,eared to render this office
advisor~ opinion relative to the following ~ues~ion
which aeep~y oencerns.*ppDuXoua of ~ ~i~. 0~ ~uesday~.'
~ov. 23, 1965, a pr~y election for: ~yor wa~
pursuit to our 0ity Oha~ter ~d the results we~ as
foll~s~ AI.O.. Avery 1229, J~es H.. ~rney ~67 &
-Wal~ Dietz 435. ~e to the fact that one c~didate
received more th~ 50 percent of ~he total votes cast
is the General Election mentioned in Bec~ton ~3 of
said Chafer necessary? We have pre~iously furnished
your office with a copy of o~ City 0h~te~ ~d in
~ opinion ~ections ~3. ~ and ~ are the relevant
provisions ~ich a~ld' be ~$a~eSA~. ~ ~aVe adviae~ our
our City Clerk ~d City M~age~ tha~ ~ ~ opinion
the two candidates receivi~ ~e .hi,est n~b~r of
votes should be. decl~ed the n~nees ~d tha$ both
n~es should be placed on the Genepal Election Ballot
which Election is to be held on th, first Tuesday
in December. ~ opini~ wi~ .~- ~eatly appreciated.
I intend to te~e yo~ ~fice at approx~matel~
3:00 P.M. E~ ~ We'dnesday, Ne~embe~, 1~5~ and
~ope ~hat ~ ccu~ receive your o~l opinion a'~
~ ~y~ Avery s~ld tha~ he had made the request that the Attorney
Gen~~ give his ~inion on this itc~.
City' A~torne2 Ad~ l~o~med the 0o~ncil that he called the office
of ~e Attorney Gene~ at 3~00 P.M.~ today ~8 Peceived
cO, irruption of his opinion e~ressed ~ the tele~ to that office.
329
· he following is.m telegram from.~Attorney General Earl Faircloth,
dated November ~th.
"Re: Telegram and confirmimg telei~hone convers'ation
with my assistant Wilson Wrighti:~ a review of your
City Chs~'ber indicate'~ that Gene,at Etee:ti-~n' should.-
be held subsequent tC~ominating"'p~.ima~ies notwith-
standing fact that on~ '.candidate received'more than -
a maJoriby vote in the ~rima~y."
Mayor Avery asked for a motion that 'the opinions ss expressed by
the City AtTorney be accepte~., tt was so moved by Mrs.' Saunders. The
motion was seconded by Mr.. Jgrney and ca, tied unanimously.
Mr.'-Talbot suggested, a eh~r'ter change tha~:would provide for
one City election instead of!'a pr. imary and.a general election.
City Attorney Adam,s said that he had discussed this item with'~he
Attorney General and had, bemn informed that in almost every case~ the
charter~ are written or ~ave been interpreted, in a two man race~" the
same ~ay that the Delray Beach Charter is written.
Purther, that the City cf West Palm Beach Charter has a provision
whereby anyone in the prima~y eIection receiving over fifty per cent
of the votes cast is automaticallY elected.
Mayor Avery suggested if a study is made o£ the else, rich s~tup,
that the City Attorney,. City Prosecutor, Municipal Judge and two
laymen be appointed to make s..aid study~' f~ollowed by a revie~ before
the Council, an~' legesXa.ti6n' ~y ~.hs'pe~.pie~
Mr. Croft informed the Council that years ~go, ~uany of 'the Cities,
and he believed' In the State elections, there was 6~1~ one election,
but that created a conditio~,n., whereby a clique could control the
election '*~ ' ' ' ""
Durt:ng discussion abou$ the number of registered voters of Delray
Beach ~tn 'compa~lson to ~i~.~. pop~la~l~oti~~-' 'cit~' Cterk~ W~thing informed
the 'Council tl~'~t' .sl~atio~,~ hid~ ~i~ ~ed~tniz~d:~.b~:'~I1 prior Councils
and .every effo~'t ha~. :be e'n: m~; tO~ ~n~oUr~'ge', T:urt~ier~' ~-gistration of
people thr.ough,~ the N.igli'SchO~l F~.inO~'~:I~?.Mi~i~P~. :'Of. all churches,
s_ud .V ar i.o~'s: c iv ic organ~ ~ at f~h$:'.I~ ~ tH~~t~ "~a~d" ~' the' P:.~ T. A. on a
couple o~'occ'aS~ions with no greY,at results. Further,.~that ther. e are
~755 'regiS~'ered Vote'rs ~'i~ the' C~ty ,and 45 Per ~ce'n~t'; o~'tHoSe~egistered
voted in the ':electiOn o~..~-Nevember- 23~d~. .... .~' .... ~, '~:~ :
FOllowing l?ng~hY 'diseussi0n,. MaYO~ Ave~~ ~ugge'sted~:a' :m6ti~. that
the vet~g.~PBbc:~u~e~';-B~ ~BE.t.~aS!It~-is; or~tha~..w~eo~itte~ Selected
by CoUnc il ~be ~. app0i~ted ~:Jr ~t'udy ~d :rec o~eudA~lon :conc ern~g 'e~
Oi~ty A~Orne~ Ad~s~aid that. h~p~fe~ed ~not~ being Oh %such'a
eo~it~e~e Shdt ~rece~e~ds, ~t' wo~l~ serve in ~ ~ex-offiolo oapao!ty.
~. 'Talbo~ Sa~'he".w~s in favor ~of-letting the ~'tSer dr~ ~d the
' City ~geP' G~h~l',~o~med the ~c~unc'll th~ no ection ~Uld be
poss'i-b~e ~ '.~"~h~:.':C~e %~f~e ~He :1867 .ses~i~n'o~ ~h~' ~t's'~ '
~hts ~s:~' ~'te~,':Of~ ~O~Side~t:~en.,.~"a~d ~t ~e t~e'-~ou ~ould'~e co1-
~y'~h~ge :is ~es'~red:, 'you'c~, d~c6ss it ~ th~ t~e'?" I~
so'm~y~d"b~ ~.~ J~ne~, Seconded :~Y ~.. S~unde~s ~d Un~i~ouslY
oarrmea'~
City M~ager Ga~c~el re, haled the Council of ~SOL~ION NO. 51-65,
~roc l~ng.:Prid~y,: NoVember 26th, ~:196~' as WARR~-G., GRI~S .DAY, ~d
advi'sed that: '~'~"G~imes?woUld~ o~'f.i~i~:l~- '~rn'on th~- christmas li~ts
(the ne~ C~is%~as ::t~ee::~O~ld'::b~'.':in, pla-~:~? ~r'ing a 'spec lal' ceremony,
~ged 'by' ~:.:'~Elt~-gswo~tb"~ "~h~.'~h~be~' 5~; ~o~erc'e, to ~e held on
the :beach at'the e~$""-oF' At~t~!~?~veH~;..:a~ 10~. A'.'M. ~d ail. ~e
urged: %0 a~'.~e~d. ' ?:'::: "" .~-~ .... ' · ..... "
· ~Ma2o~.'iv~'~y. s~s~ed that'-'~h~': RescisSion; tm b~ .-.presented '~o ~.
Grimes :a.t S'mid c~meny'be prope~l~ fr:~ed. '~ '~ "' : .:' ' -
City Manager Gatchel distri~uted 'c~pies of Ci.~y insurance speci-
ficatio~s en wh:]n~ bids..wi-ll be sol'icit,~ and i~o~d the Couneil
%hat" ~h~re .~ a 'le~te~ of' %r~s~t'aZ ~.~ed ~o ~e speof~ioations
~ ~-oh:~he d~e~ences in ~he .spec~fieatio~' e~'this ye~ a~e de-
scribed, as-opposed to~ t~ mpec~icatio~ of last ye~.
~. Talbot said .he believed it would be of interest to the O~ncil
and Ci~F'Ad~stration that he had received a letter from ~rsh &
Mc~, ~c, s~at'i-ng '~hat ~ter .their coherence with F~ce
Direc-to~ Tom We~r, th~ were of the opinion that the~e is no need
fo~ the C~%y to Spend $~00.00 for' their advice ~d ~ey felt the
system the City ~is using is satisfactory.
The meeting adjOUrned at 4:40 P.M.
R. D. WORTH~G
APPROVED.G
33i
NOVEMBER 30, 196~.
A special meeting-of the City Council of-the 0ity of De]may. B~a~h ·
%965, with Vice M~yor ~ack L.'S'aun~er n h h ~,' ty
~avid M. Gatchel, City Attorne~ JOlu! l~0s~ .Adams, ~d COunci~en~'~es
~;. Jurney ~d George Talbot) Jr-.; be.i~ present.
~yor S~un~rs called the meeting t~ or'der an~ ~nounced that
bad been called for the p~pose of receiving ~ds fer, ~d awam~i~
~ale o~ $1,200,000.00 of Cigarett'e Tax B~ds. S'er~es t965~ as
SS of SZ, O00,0OO.00 of Water and SeWer Revenue Bonds -' Series
~!so for consideration concerning th~ Beach ~osi0n Pro~ .
~provement, ~d for ~y o~h~r bUsiness.~- %hat may co~ befome the
meeting.
The bids were -opened by City Clerk Worthing, observed by City
A~O~ey Ad~s ~d ~ounced as follows by Finite DtPeo~or Weber~
A~GE
I~E~ST
B~DD~ .~. ~T INTE~ST O0ST COST ~TE
~i~e, Weld · 0o~y $1,937,328.00 ~.0197%
~oodbody · Co~y a As.soc~a%~s?~ ?', ?/:~ ~$1,969,97~.60 ~.0875%
~lps, Fe~ a Co, any a Associates $1, 9~7 , 295. 00 ~.~0~
Jo~ Nuveen & Co~y $983,~7.E0
~. J, V~ Ingen · Comply, ~c. $963,1~3.60 ~.1~8%
City Clerk Wo~th~g suggested that Pin.ce Director Weber~',.~'~ ·
costs befp~e. ~y action is taken.
C~ty Manager ~atchel repoPted to_Co.oil as follows=
"~~N~ the ZOlA CL~ of the Delray Beach ~ea is again
~e First. Natlonai"'BAnk his' agii~ '~$ven~$s p~rmissfon to
pa~kX~ tot on the S, W. Co~r of East Atl~ic & ~ird
several, lee a~ o ivig":~:~fz'a~i0n~ 'h~ agr * e:d t o 'as S is ~ the
Well as tbS' p~e'sen°e 'of '~Yor Avery 't~ p~rtic~paSe in the
the TREE at 7~30 P.M:~ .Monday, December l~th, 196%. That is
your next ~egula~y schedule, d'.Oour~il ~eet~ date, but is a
h~lf hOU~ ~rior th" ~he time of your
Mr. ~urney moved fha2 the Council apprqVe~ ~o!iday Program, the
.Oity Manager Gatchel ";pe~ed to the ~~ tester f~om
& ~on~ the City's 0S~ng ~g~hee~s¥"~ :er 19th, 196~,
reg~di~ .~he hi~way~$V~slng for ~e hewe~';~o$~t in ~ea"
"!, 'R~fe~e~oe is road's to the
' a;- ~"[et~er'::of 'No~embe~. 16~' [~ in vefe~enoe to
' sewe~ ~roJ~ctions.
b', ~.Y~r ~ep~"d~e& Novembe~ ~'X7, l$6%~equesti~g est~ate
of e~sts fo~ lateral co~e6tiona, across A-1-A.
2. ~e~e are now pr:ejected a t'e~al of 23 la~ral c~cssings
of Hi,way ~l-A.to serve ali Properties to ~e east ~f ~avity
~$n ~. ~e~e 23 c~o~sings ~e-eSt~ated to cost a total of
$[$,500.00, tf c~ied out under o[ur present c'en~t with
~tercounty Construction 'Co. B~ken do~, the average cost of
each' c~oss~ would be $675.00. Zt will be necessary to cover
this work with a 'change
3. ~ co~ection with the above, you are advised that the
~'tateRoAd Deponent has tou~ened it.s attitude with
~eSpect to lat.e~al e~oss~s of p~y ~oad.$. The .latest
~e~lations specify that all sueh-~ross~gs be made by
Jacking ~d ~u~eling. ~ls is a costly ~rocedure, as it
necessitates 'the placement of a steel sleeve, in addition
the sewer pip~.' ~ould e~ected ~oek b~ encountered,' it
'beeo~s m~ost prohibitive.
~. ~ prel~in~y discussion"with the S~ate Road D~tment,
I have made ~ ef~or~ to secure an a~eement~ on' th~ foIXowing
alte~natives ~
m. Place'a rei~orced concFete slab over the pipe, ~d
under the asphalt pavement~--~b~idgl~ the trench.
'(~is was done last year on the~'~2~ c~gs that
~e now in place).
b. 'Bac~ill sewer trenoh with l~e ~k, ~
subs equently' ~ePave .the ~ole' roAduay with
one inch of asphalt, from end to en~ of the
distrubed 'area.
5. ~e latter me~od appe~s~ 'to be mo~e 'a~eeable to
the State Road' D~p~ent, ~d fo~ms t~ '.~ls o~ ~
present est~ate~
6. The State Road Department makes ~h~ agreements, onIy
with ~nicipalities ( nob with co~mit~ engin~e~s~,
AccuSingly, ii'is 'suggested that ~ desired ~e~n2'
negotiated by the Cit~ of ~a~' ~ach, advised ~d assist~
b2 yo~ consulting engineers.
7. As the contract is ne~ing c~leti~ ~d t~fio on
A-1-A.is ~.api~2 b~ildi~ up~: i%~ ~$~ $~ that action-should
'~e ~Aeted'~s'' a'~n as' fe. aw~!e, ~1_ ~P~[C.$1e,''" [ " t
The ~ity ~age~ said it is bellied ~ p~ount ~po~c.e tha
the 0ity p~ovide for said 23 lateral e~Oss~s~off South A~i~
oonJucti'en with ~e p~esent p~oJect ~d cont~aot. 0f ~te~co~ty: .
construction cO~, ~d it is, ~ereTo~e, '~nd~d ~at negoti
ation be a~ho~'ize~~ ~i~. ~he StAte ::'~-~eDar2~e~t fc~ ente~n~-into
~ a~eement ~elattve to p~ovid2~g ~'~"lat~i'~0~N'singS of State:Road
~0 ~South A1A) in co~ec~ion wit~ the sewe~ eol~eeti~n line instal-
lati'on, ~der conditions acceptable and satiSfactOry t~ ~e State Road
Dep artme~.
City ~age~ Gate~l further suggested sha~ Coume$~l ~ive.~A~thori-
zation for ~ a~dend~ to the~Con~raet W~h Yn~ereo~n~y ~onst~ction
Oo~y ~elation to such "c~os~i~~ provision.
~. Talbot move~ as folloW: "I move ~hat with ~efere~e t'o~ Item
No. 6 of the RUssell ~ Axon ~le~te~ un, er date e~ N~emBe~ the
City ~nager be i~truote~/~tO act ~cerdingly, obtain~g ~e ~d~ired
a~eement by negotiating with the.~ate ~d ~.tm~t.~sS$~ by
2- 11-30 &5
333
our Consulting Engineers;~ and :~.hat an ,a4.dendum be. ~repared authorizing
sqch work under'the present ~ntract wi~th .~ntercount2 OonstructAo~
~y.,, ~e motI6n was secomded-~by ~ ~y ~d'e~ried
b~ .~. On N~v~be~-l~h, ~ ~ad a r~t as t~ ~he status ~f- the
~ ~S efforts to 6bt:k~.~e.e~S- fmom.~%he Driv.mte p~opert~_~o~ers
~.~p0rated in ~I 0f~ the O~ty.;S.l~Ste~ ~ach '~sion
Sectisn
~gr~. ~e City ~nager reported-as follows: "We have 'been ve~2
a~ ~ively engaged in individual.~0n~t wtt~.-%he v~ious property.
$~ers and their representables ~.~ttorne~s, ~d mv~ theu~ a!~
~ ds are not.in h~d at this .t~e~ ~e .~a~e. ye.fy-def.~ite reason~'$~
~ !ore._that it is omly~.a ma~teV of t~e Until these deeds, are
z~ ~eived. We have received assur~ces from all the ~arties involved
~ th6 .requ~'$~ted ~Ui~claim d.eede~" Th$~ ha'~ ~een. he~ ~..-to some'
e~$ent by ~e fac~'that m~y of~ese private Pro~t~..o~ers. are now
e~route to De~ay Beach. ~ey want.to ~o~er with their neithers
~ with their, attorneys persona!l~ rather th~ by_ ~il or telephone,
~.is one scheduled $o ~iv.e .tomorrow, and-he W~ to.' hold
8~iLhe was able to get her~, eVen thou~ we have:_his ass~ce ~Hat
he Would not hold Up the pro,oct. AS ~hi.s time, we ha~e fo~ deeds
in h~d, out of the eleven. ~other gentlem~ was in the ~fice'
today ~d has given his word to the si~ing of ~ tiered; howeTer, his
deed must b~. sent north for siva%utes of som~' of..~e ot~er p.~ties
involved in the ~ership of lt,' . I do feel it- is JUst a matter of
t~e, ev~ thou~. I realize-~e do no% have much time left before this
proJec~ has to ~get ~derway,
o .-.~. :Taib'~].aske8 :~he 'stA%~s of. (t~ p6x'.grgpe~ty~-~ ~d-City :A%~orhey
A~s':~r~o~$ed :-a~,fo~Iows-~ :' "'?.~'Xed'~'~ ~ N~:. ~hi8 ~6i~i~': ~d was
l~.~m~ 'th~ h~d'~ ~,'~apg~ai~ at' ~aS~ ~ .'~ ~e~ ~f~'::~ s t~e~. '? a~ J y~u~:~0w, '
ha~:~:~-~msented. As far as ~s. FOx is concerned, she consented to it,
but it is ~ a trust ~d they have tO send it up to the trust com-
~t~S$ yf Or:.:~ ir G&~'~6~,, :.: ~ ~th~Y %~i~':p~i~tat~ o?h~:%~) ~c tube
~e%~ j ~ ~ey.~'~Aff~ ~'o~.-to6'.al. ~l:~~,~o ~u~ ;~d r~iSe .~ t~e :' property
- ~ O ~c ~nffig ~h$ ~-wS~: h~-t~g:'be~n.::'a~ :"~y: ~he':'~?~1 ~gtneeri~
C or~6r~ti~, z~ ity'.'N~Ag~ G~eI".P&p6~t~d'.athAt' '~6 Al!~nt :work---
th8 ~i~2 :t~V&2-:'~-~m~d":.b~e~. ~$a~ ~'f~He~,:~ha~ h~ 8id: ~ot
beli~ve.:the/'te~:-:bsring~?hA~ "Be~n: 6'~t~2ed '.~ ~e~, "~d 'uhtil. 'they
have ~.ail o~:::tH~:~n~m~i~6:,-'Sur~2'wo~r~d~'2e~t' Bo~t~E ~W~k''.~':,
compi~ted:?:2h~2-~..~o~2d-hotPB~ ':aBle. t6'ad~c&; ~oe f~' Wi~h:
b~ D~mb~P,1Sth::.~ ~ak~.::X~ v~' Oostly:,':f~r. the Clt~ :' ":':
~ ~a:~ ~ed the F~E p~'~p~$Y~: iS K not ~ ob~a!meS" ~d :.C.~ty. A~ ~Em~ '.Ad~' S aid
~Pep~P~:l-~ ~e 'n~r~'~p~!,~ engineerin~ ~ound s~id R~oeI. ~ be
con~IS~re~..:.~: . ....... ~;. ~- .~...:~..: ~.~ .:,.~.., :.:.; ~;~?~.,::.: .. ~:~.~.?~ ,; ~ .... ~.::...~ .
M~di~;:.:~::.a: g~ ~arg~ ~t?'~o 8h6ot 'at.'on"~htS, ":l'.mo~thAS":we: -
ih~t~c~:,th~ Oi~.~ M~A~t~o'?a~SX~e ~he :~roper2~. 5~s. ~Ra2' tB~ final
' ' C~y'.~ag~i;.Ga~ t~d the:' .~U~.i!~.:~at ..~e.-h~d: ~-:Pepo~ on
~ ~ a~ ~ ~ ~'~ ~ ,' ':~ -~"-"~8-'b~'~n'~ ~a-~ ~ e a l:'~ "the ['~; .-: ~ ": t~ ,~ aS
· - :...- ; :. :.. ,.. ],'- ;. -
334
Minage~ .said ,he ~u:~l hold' this;.~em for ~hat...meeting.~ .
City 1~? Gatehel ~ep~ta~ ~a~ the~e ~a ~o ~e~l~ly scheduled
usage"of ~h~ b~.. a~' ~is time, ~ut it is be~ op~ when
possible by ~f 'd~t~ pers~el ~d speoi~ Police p.e~so~el~
~. M. L. BenJ~in, o~er of the H~on Ho~'e ~. A~, ~ented
as follows: "I w~ted to ask a questio~ on this.$1~200,.~O.D0.'.bond
issue. I asked this of ~. W~h~ng a f~ m~a ago~:~d he c~dn~t
~swer m~. '~at ~ ~he beach -J' 'this p~oposed P~ic beach -~ .i~
of~ ~s $1,2OO,O00;00.bpnd..$s~e~ ~d ~is p~sed ~li9
got deed ~es~rictions aga~st it, will'the City g~ ~.. ~d ask ~f~.
bonds 'on .that? Because it is so rest~icted,~ dead'~es%~cted, .~d my
c~e ~ba~, but I ~a~ed tc-:h~ Yest.e~da~; and he ~ ~$~g, te.c~act
-you, ~t he is going 'all the wa~ t~;" bU~t: t~ %ff~,
that you have ~o get my perm~ss~0n befome '~at ~ happen,
not interested in giv~g ~ permissi0~. ~ You look ~t ~e deed~ I
have it with me- ...... "_
0~t7 Attorney Ad~s~ "He has asked t~ or t~ee questi-~S :.~e,
so if ~ c~ tP7 to ~e~ them One at a ~e, ~/As f~.~
bonds, one of the pu~oses, ~d let the ~eoord:show that I don~2 have
my file in.fro~ of. ~ Bede., but omo of the purposes of:the Bonds was
the cohs~ruction or' acquisition.:of ~ .oce:~ fro~2 pub.~o. ~k~ .... '
t~ther with ~ovements thereon and works ~o~oteo$. theis~e ~om
e~osion, or somethi~ ~e that. ~e bonds als~ had several
p~poses--vaXid municipal purposes~ :for which' '~he funds o'o~ be.
used. [n ~we~ to.~is first question, you c~ sell the bonds. ~ere
has been no contract at the p~esent t~e to ~y ~he beac:h~ ~ .y~
sell ~he bonds ~e~dless cf ~7thing t~the is ~efer~tng to as far
as deed rest~ictions~ ~e ~e'deed ~est~ic2ions.,'th~ ~ don~t ~ow
if the Council has Been a~e of, bu~ I thi~mk y~ will ~ecall
we have discussed i2' briefly ~a7. M~. I~ you~ deed
st~ictions? ~iginall7, When ~this prope~'. ~a''~ sold f~om ~ryl -Smith
to a ~. ~o~ll~he ~ole 1~0 foot' t~a~~e~s .a.
~ the deed ~Ch e~ires on ~y I, 1~0'.. ~e ~estrIctt~
that the premises shall'be used ~ly for one o~ .more of ~e f~XlOwing
p~poses= hotels, clubs, apartment houses., 'motets, vil~s,
cottages, shop~lng centers, ~d/or r. eSldences~ .~oge~P wi~ cus~om~y
~d accepted a~pu~ten~ ~ses. (:~. BenJ~ ~ !J~d '~s ' · .
differently, b~'t' ~ay, St does prOvide: ~An he~.~-~he ~tcr
the gr~ee c~,'~by a~e~e~t, mod~f7, ~end.,~ ~ e~el eithe~
whole cr tn p~t,' all rest~iCtio~s abo~e ~efe~red ~. ~p~entl2~ his
afford7 has taken the posi~ion-(1) that ~ose ~est~ictl~ns ~ld'not
pe~tt ~ public p~k to be used on it.~ (2) ~ ~he ~.~to~ ~ted.
~e in that .oP~ginal !!00 foot ~raet ra~r '.~ ~dA~g th~.pe~'
mo , F~ e~le, a c~a and ~e ~PP~'~t~'~ a~d use
th~eof; you mi~t com~Xu~e from that tha~' it ~ al~w a ~oip'al
they ~e ~o2 especially rest~ic~ive,. But im '~tte~si~v~lvi~g
things l~ke ~s, a~thou~ we Wil~ .~n~ually make them pubic,
efer to d~scuss' the_.~ifferent le~t ~.ica~ions in a p~A~ate
pd~lic'lY ~S~ted; ~2 before the 0Ontrac2 is e~ecu~ed, .'fha2 the~e
be"~other PUbic he~ing ~d eve~y' Wil~ have a chloe
heaPd."
~. ~nJ~i~= "~e only thi~ that I'~ do,g---these Deople
up here to.bid 6n this. I th~ they should.. ~ow ~At. . ,the p~lems
a~ ~d I think all of you peoPl~ ~e ho~es~ ~d fair.
City Attorney Ad~: "~. ~nJ'~n, they coul~ t~ke ~htS
$1~20~000.00 ~d us~ the whole t~ing for~. beach 'erosi'~' ~. ~ey
to, 0r they could build a $1,200,000 'J'atl if they wac%ed
~. Ben~n~ "I ~st asked .the-~quest~on; I don~t ~o~; I ~ no
Vlce-~yor Sa~de~s: "~e p~,~t~ X ~k~ is ~elt taken~
BenJ~ln, ~d the fact is that ~se Bonds are being issued
a CapfUl ~provem~nt ~nd. We ~e not .he~e 20 debate ~at
to be '~one With it,"
11-30-65
"885
~m. Benjamin: ~Tha~,!s the only ~estton that I asked, ~nd
~ni,n. f~om the ~.ity Attorney that that ~ no way ~fects the
Reso!ution No.; 5~65 stated that .aald ~o~S were-: se~ to John
Nuveen & Comply, Inc.,~ ~ Associates W~th ~. average interest cost
rat~ 0f .-3.9869,'
~ity Glgrk .,~thing'~en'preaented ~SOL~ION N0. 53-65.'
"~ ' DE~Y ~ACH~ PLORIDA~ .AWNING $1,2~,000
CIG~TTE. T~ BONDS OF T~ CITY OP ~L~Y BEACE,
these m~u~es).' See pages
&, Co~y J~i~ly wit~ B. ~. V~ Ingen & Co~y, Inc. ~th an
firs~ ~d fina~ rearing on'm~ion by ~. Talbot ~d seconded by
~rovement Pro~ as o~tliDed' In ou~ DreVious meetings, but in no
~nel~ Opl~ons and s~ate ~he~p vtews~' all?f"th'ese restPiet~s that
open and above bo~d, ~d ~vemybod~ will ~'ave .a chloe to talk;
res% but .u~e~.~d.~. that he would be b:ack ~ the 7~ o~' Dec:emb~r.
Ju~e~:D*~:'~oeding the election,. ~d feels that he has ~ho~'he is
the Church Revival being conducted im a ten% at the Pony League Ball
Field, but. at this time feels it is necessary to do so. The City
~a~e. ~!I"Pf~ld" fe~ -a · tent ~ev~val 'f~ a~wo wee~ ~e~aod. ~ion
beg~ 8~d'A~~ ~d 'sal6 ~eqU~S~ was ~te~ ~by O~c!l. · ~u~the~, ~at
it was not ~ at th~ t~ that t~ailers-a~e a portion of ~e
ope~att0n off'said te~t ~evivat meeting~ o~ tmat!er being ~sed
t~spo~%a%ion of the tent, c~s, etc. 'that a~e neceasary, fo~ the
meeting~ ~d the~e is also a trailer for office use.
~"0fty.~ ~age~ said that he had-Just been advised said traile~
~esi~a~ted fo~ office use is being use~ fo= sleeping .q~$ers~ which
iS def~i~ely against the omdin~ces in~ effect in_ D~y-Beaeh~
Following review~of or~e' ~equirements .for use..o$, tmailers
within De~ay Beach~ ~d lengthy discussion, ~.. ~urney moved that the
t~aile~ facility in conJuetion with the tent ~evival meeting be
pe~ibted so tong as it is used only as an office. The motion was
seconded by ~ Talbot ~d ca, tied ~ously.
Vice-~yo~ Saunders said that if there ~ a violation of this, the
city M~age~ does no~ need to bring this item back to Council ~:~ '
attentionS'but to e~ry ~ut the.wishes of the O~cil as stated.
The meeting adjourned at 2:40 P.M.
R.: .D. WORTHI~_ G .......
CitY Clerk
APPROVED:
,,/S,/.J: L. Saunders ~ . _
MAYOR ' '
-6- 11-30-6%
336-~
RESOLUTION NO. 52-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AWARDING $2,000,000
WATER AND sEWER REVENUE BONDS, SERIES 1965 OF
THE CITY OF D~LRAY BEACH, FLORIDA
WHEREAS, pursuant to notice'heretofore duly published for
the sale of $2,000,000 Water and Sewer Revenue Bonds, Series 1965
of the City 9f Delray Beach, Florida, dated June 1, 1965, the fol-
lowing sealed proposals have been received:
The proposal of JOHN NUVEEN & COMPANY (INC.) AND ASSOCI-
ATES, offering to pay the sum of One million nine hundred eighty-
one thousand seven hundred seventy and no/100 Dollars ($1,981,770.00),
together with accrued interest from the date of said Bonds to the
date of delivery thereof for said Bonds bearing interest at the rate
of three and 75/100 per centu/n (3.75 %) per annum on the Bonds ma-
turing in the years 1967 to 1984, inclusive, at the rate of three
and 90/100 per centum (3.90 %) per annum on the Bonds maturing in
the years 1985 to 1990, inclusive and at the rate of four and no/
100 per centum (4.00 %) per annum on the Bonds maturing in the
years 1991 to 1998, inclusive, being a net interest cost of
$1,921,482.50.
The proposal of KU~, LOEB & COMPANY AND B. J. VAR INGEN
& COMPANY, INC., offering to pay the sum of One million nine hundred
eighty-one thousand three hundred twenty-six and no/100 Dollars
($1,981,326.00), together with accrued interest from the date of
said Bonds to the date of delivery thereof for said Bonds bearing
interest at the rate of three and 90/100 per centum (3.90 %) per
annum on the Bonds maturing in the years 1967 to 1992, inclusive,
at the rate of four and no/100 per cent~m (4°00 %) per annum on
the Bonds maturing in the years 1993 to 1998, inclusive, being a
net interest cost of $1,925,024.00.
The proposal 'of WH/TE, W~r.~ & C01~PANYAND SOIX)MON BROTHERS
& H~3Tg~R, offering to pay the s%~ of One million nine hundred
336-B
eighty thousand five hundred thirty-two and no/100 Dollars
($1,980,532.00), together with accrued interest from the date of
said Bonds to the date of delivery thereof for said Bonds bearing
interest at the rate of four and 75/100 per centum (4.75 %) per
annum on the Bonds maturing in the years 1967 to 1971, inclusive,
at the rate of three and 90/100 per centum (3.90 %) per annum on
the Bonds maturing in the years 1972 to 1989, inclusive and at the
rate of four and no/100 per centum (4.00 %) per annum on the Bonds
maturing in the years 1990 to 1998, inclusive, being a net interest
cost of $1,937,328.00.
The proposal of PHELPS, FENN & COMPANY AND ASSOCIATES,
offering to pay the sum of One million nine hundred eighty thousand
and no/100 Dollars ($1,980,000.00), together with accrued interest
from the date of said Bonds to the date of delivery thereof for
said Bonds bearing interest at the rate of five and no/100 per cen-
tum (5.00 %) per annum on the Bonds maturing in the years 1967 to
1973, inclusive, at the rate of three and 90/100 per centum (3.90 %)
per annum on the Bonds maturing in the years 1974 to 1986, inclus~e,
and at the rate of four and no/100 per cent~m (4.00 %) per annum on
the Bonds maturing in the years 1987 to 1998, inclusive, being a net
interest cost of $1,947,295.00.
The proposal of GOOD~ODY &COMPANYANDASSOCIATES, offer-
ing to pay the sum of One million nine hundred eighty thousand sixty-
six and 40/100 Dollars ($1,980,066.40), together with accrued interest
from the date of said Bonds to the date of delivery thereof for said
Bonds bearing interest at the rate of four and no/100 per centum
(4.00 %) per annum on the Bonds maturing in the years 1967 to 1994,
inclusive, at the rate of four and 10/100 per centum (4.10 %) per
annum on the Bonds maturing in the years 1995 to 1998, inclusive,
being a net interest cost of $1,969,974.60.
The proposal of KID~R, PEABODY &COMPANY, INC. AND AS-
SOCIATES, offering to pay the s~m of One million nine hundred
--2--
336-0
eighty-one thousand eight hundred and no/lO0 Dollars ($1,981,800.00),
together with accrued interest from the date of said Bonds to the
date of delivery thereof for said Bonds bearing interest at the
rate of three and 90/100 per centum (3.90 %) per annum on the Bonds
maturing in the years 1967 to 1984, inclusive, at the rate of four
and no/100 per centum (4.00 %) per annum on the Bonds maturing in
the years 1985 to 1990, inclusive and at the rate of four and 10/100
per centum (4.10 %) per annum on the Bonds maturing in the years
1991 to 1998, inclusive, being a net interest cost of $1,973,110.00.
WFIEREAS, the proposal of JOHN NUVEEN & COMPANY (INC.) AND
ASSOCIATES, referred to in the preambles hereof, is the highest and
most advantageous of said bids, and in all other respects complies
with said notice of sale; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF TH~ CITY OF DELI{AY
BEACH, FLORIDA:
Section 1. That the proposal of JOHN NUVEEN & COMPANY
(INC.) AND ASSOCIATES, referred to in the preambles hereof, be
and the same is hereby accepted, and the following described Water
and Sewer Revenue Bonds, Series 1965 of the City of Delray Beach,
Florida, be and they are hereby awarded and sold to the said pur-
chaser, referred to in the preambles hereof~
$2,000,000 - ~TERAND SEWER REVENUE BONDS, SERIES
1965, dated June 1, 1965, numbered 1
to 400, inclusive, in the denomination
of $5,000 each, bearing interest and
maturing on June 1 in the years and
amounts as follows:
Interest Rate Interest Rate
Year Amount Per Annum Year Amount Per Annum
1967 $10,000 3.75 % 1976 $35,000 3.75 %
1968 10.000 3.75 % 1977 35,000 3.75 %
1969 10~000 3.75 % 1978 35,000 3.75 %
1970 10.000 3.75 % 1979 40,000 3.75
1971 30.000 3.75 % 1980 40,000 3.75 %
1972 30.000 3.75 % 1981 40,000 3.75 %
1973 30.000 3.75 % 1982 45,000 3.75 %
1974 30.000 3.75 % 1983 45,000 3.75
1975 30 000 3.75 % 1984 50,000 3.75
-3-
336-D
Interest Rate Interest Rate
Yea~ Amount Per Annum Year Amount Per Annum
1985 $50,000 3.90 % 1992 $140,000 4.00 %
1986 50,000 3.90 % 1993 70,000 4.00 %
1987 50,000 3.90 % 1994 75,000 4.00 %
1988 55,000 3.90 % 1995 75,000 4.00 %
1989 55,000 3.90 % 1996 80,000 4.00 %
1990 60,000 3.90 % 1997 270,000 4.00 %
1991 135,000 4.00 % 1998 280,000 4.00 %
Section 2. That the proper officers of the City be and
they are hereby authorized and directed to execute said Bonds when
prepared and to deliver same to said purchaser upon payment of the
purchase price pursuant to the conditions stated in the notice of
sale, without further authority from this Council.
Section 3. That the Clerk of the City of Delray Beach,
Florida, be and he is hereby authorized and directed to return
fort]r~ith the good faith checks of all unsuccessful bidders.
Section 4. This resolution shall take effect imediately.
ADOPTED this 30th day of November, 1965.
~/ ' Vice Mayor
ATTEST:
· City~
-4-
336-E
RESOLUTION NO. 53-65.
A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AWARDING $1,200,000
CIGARETTE TAX BONDS OF THE CITY OF DELRAY BEACH,
FLORI DA.
WHEREAS, pursuant to notice heretofore duly published for
the sale of $1,200,000 Cigarette Tax Bonds of the City of Delray
Beach, Florida, dated September 1, 1965, the following sealed pro-
posals have been received:
The proposal of KUHN, LOEB & COMPANY AND B. J. VAN INGEN
& COMPANY, INC., offering to pay the sum of One million one hundred
eighty-eight thousand one hundred sixteen and 40/100 Dollars
($1,188,116.40), together with accrued interest fro~ the date of
said Bonds to the date of delivery thereof for said Bonds bearing
interest at the rate of four and 10/100 per centum (4.10 %) per
annum on the Bonds maturing in the years 1969 to 1982, inclusive,
at the rate of four and no/lO0 per centum (4.00 %) per annum on
the Bonds maturing in the years 1983 to 1988, inclusive, and at
the rate of four and 10/100 per centum (4.10 %) per annum on the
Bonds maturing in the years 1989 to 1995, inclusive, being a net
interest cost of $963,153.60.
The proposal of JOHN NUVEEN & O0~PANY (INC.) AND AS-
SOCIATES, offering to pay the sum of One million one hundred
eighty-eight thousand one hundred fifteen and no/100 Dollars
($1,188,115.00), together with accrued interest froea the date of
said Bonds to the date to delivery thereof for said Bonds bearing
interest at the rate of four and 25/100 per centum (4.25 %) per
annum on the Bonds maturing in the years 1969 to 1971, inclusive,
at the rate of four and 10/100 per centum (4.10 %) per annum on
the Bonds maturing in the years 1972 to 1987, inclusive and at the
rate of four and 20/100 per centum (4.20 %) per annum on the Bonds
maturing in the years 1988 to 1995, inclusive, being a net interest
cost of $983,147.50.
336-F
The proposal of GOODBODY & COMPANY ANDASSOCIATES, offer-
ing to pay the sum of One million one hundred eighty-eight thousand
and no/100 Dollars ($1,188,000.00), together with accrued interest
from the date of said Bonds to the date of delivery thereof for said
Bonds bearing interest at the rate of five and no/100 per centum
(5.00 %) per annum on the Bonds maturing in the years 1969 to 1974,
inclusive, at the rate of four and 50/100 per centum (4.50 %) per
annum on the Bonds maturing in the year 1975, and at the rate of
four and 25/100 per centum (4.25 %) per annum on the Bonds maturing
in the years 1976 to 1995, inclusive, being a net interest cost of
$1,013,075.00.
WHEREAS, the proposal of KUHNe LOEB & COMPANY AND B. J.
VAN INGEN & COMPANY, INC., referred to in the preambles hereof, is
the highest and most advantageous of said bids, and in all other
respects complies with said notice of sale; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA:
Section 1. That the proposal of KUHN, LOEB & COMPANY
AND B. J. VAN INGEN & OO~4PANY, INC., referred to in the preambles
hereof, be and the same is hereby accepted, and the following de-
scribed Cigarette Tax Bonds of the City of Delray Beach, Florida,
be and they are hereby awarded and sold to the said purchaser, re-
ferred to in the preambles hereof:
$1,200,000 - CIGARE'A-£~ TAX BONDS, dated September
1, 1965, numbered 1 to 240, inclusive,
in the denomination of $5,000 each,
bearing interest and maturing September
1 in the years and amounts as follows:
Interest Rate Interest Rate
Year Amount Per Annum Year Amount Per Annum
1969 $25,000 4.10 % 1974 $30,000 4.10 %
1970 25,000 4.10 % 1975 30,000 4.10 %
1971 25,000 4.10 % 1976 35,000 4.10 %
1972 25,000 4.10 % 1977 35,000 4.10
1973 30,000 4.10 % 1978 35,000 4.10 %
-2-
336-(;
Interest Rate Interest Rate
Year Amount Per Annum Year Amount Per Annum
1979 $40,000 4.10 % 1988 $55,000 4.00 %
1980 40 000 4.10 % 1989 55,000 4.10 %
1981 40 000 4.10 % 1990 60,000 4.10 %
1982 45 000 4.10 % 1991 60,000 4.10 %
1983 45 000 4.00 % 1992 65,000 4.10 %
1984 45 000 4.00 % 1993 65,000 4.10 %
1985 50 000 4.00 %' 1994 70,000 4.10 %
1986 50 000 4.00 % 1995 70,000 4.10 %
1987 50 000 4.00 %
Section 2. That the proper officers of the City be and
they are hereby authorized and directed to execute said Bonds when
prepared and to deliver same to said purchaser upon payment of the
purchase price pursuant to the conditions stated in the notice of
sale, without further authority fro~ this Council.
Section 3. That the Clerk of the City of Delray Beach,
Florida, be and he is hereby authorized and directed to return
forthwith the good faith checks of all unsuccessful bidders.
Section 4. This resolution shall take effect immediately.
ADOPTED this 30th day of November, 1965.
~/ Vice Mayor
ATTEST:
Ci.t-y. Cterk J
-3-