Loading...
03-09-64 265 MARCH 9, 1964 A regular meeting of the City Count/1 of Delray Beach ~p he~ I. U~e Council C~ambers at B,oo P.M., with ~yor ~l. c~ ~y in'~ht~Chair, City Attorney John Rose Adams, ¢ity Manager Rob~~ J. ~land, and CounCilmen ~mory J. Barrow, J. ~Roy Croft, ~=~ L. sauce%rs and ~Orge Talbot, Jr., being present. ~:*~ 1. An o~ning prayer was delivered by Rev. J. D. Edwards, 2. ~e Co~c~l minutes of the regular ~et~ng of Feb~ary~4th and p~pcial meeting of March 2nd, 1964 were ~antmously app=0yPd~on mo~9~:by~. ~rrow and seconded by ~. ~oft. ~ 3. ~ere w~e no p~lic requests from ~e floor. 4. ~. Crof~ read ~e follo~ng Beautiflcatfon Co~ttee M~eting mind,ps of ~ursday, Mar~ 5th, 1964: "Me,ers present ~re: Bud Merrttt, LeRoy Croft, Gladys Little, Marjorte ~aul, J. B. Smith, Wade Cartes, Stuart ~nkton, Peg Bowen, ~n Elllngswor~, Clarence Galtnat, Clarence Btngham, who wtll be replacing ~. ~llnat on the Co~ittee, representing ~e Men~s Garden Club, and guest ~s. ~vid Nogs1. ~e meeting was opened with a discussion of an ordinance concerning ~e allowance'of dogs on the beach. ~1s will be continued at the next meeting. ~s. Nogs1 presented the Seedling CI~S plan for land- scaping*the area at the head of Atlantic Avenue, east of A~. ~. ~nkton mov~ that this plan be approved, subject to final ~st of figures. ~. Galinat seconded the motion and it was carried. A* discussion was held regarding ~e entrance to the cemetery. Architect, ~arles Toth, will present a drawing at ~e next meeting ~ich wtll ~ held April 2, 1964. There being no fur~er ~usiness, the meeting was adjourned." Concerning paragra~ 3, ~. Talbot stated ~at he ~s tn favor of ~is proposed landscaping, but at the time the Eorce main from the master l~t stat/on was co~ected to ~e ~ean outfall, this particular area ~uld be dug up and that any landscaping should be done after said sewer construction had been completed, which he under- stood would be done so, time in July. ~. Cro~t ~nformed ~e 'Council ~at the Beautification Com- mittee had been apprised of said sewer installation ~n that area, an~ their desire ~as to carry ~ut said landscaping plans after ~e sewer installation has been completed. 4.a. A roll call showed the foll~ing Ctvic Organizations and re- presentatives ~ be in attendant: Delray Beach B~rd of Realtors ~. Andrew Gent ~opic Isle Civic Assoc~a~on ~. John E. ~rney V. F: W, ~. Clarence Bingham Plan~tng/ZOn~ng Board ~. John Kabler 5. City Clerk~t~ read~a letter from ~s. Madelon Tengbergen of 921 S~ *E. 2nd Avenue ~o ~e C~ty ~nager, thanking him for the prompt and efficient ~=k ~n resurfaCtng the alley at ~ rear of her 3-9-~4 property, which had been torn,up aa. a result of sewer line install- ation. 5 .- City Clerk Worthing read the following letter from Dr.. H. ' Sasser Watson to Mayor Avery, dated March 5, .1954= "Thank you very much for helping us publicize National Children's Dental Health Week with your Proclamation. You are always so cooperative and helpful and we do ap- preciate it. It is people like you that make such a ject successful," 5. City Clerk Worthing read the following letter from Attorney Paul E. Gringle to City Manager Holland, dated Ma=oh 3r~, 1964: "~n behalf of Mr. Carl W. Ginz as well as myself, I wish to thank you and Woodyfor the prompt and. efficient manner in which you handled the request for permission of Mr. Ginz to place his cabana at the foot of Ingraham Avenue on the grass area. You may rest assured that this permission will not be abused. Again, many thanks to both of you." 5.a. Mr..~oft reported ~hat the dedication ceremony of the CATHE- RINE E. STRONG ~ITY CENTErs held at 3:00 P.M., S~nday, March 8th, had been very'successful and was a very imp~tant and memorable event for Delray Beach. City Manager Holland reported that t~ name sign would be placed at that Communi~y~enter this weekana~d explained how he planned to have the driveways constructed. Mayor Avery commented as follows: "I would like to repeat a plea that I made yesterday at the dedication, we have a very fine Community Center out in the western section now. A Community Center is'more than Just a recreation building, It ia our hope that this will be at the same time a recreation a,~d cultural help to this City and I do make the plea to all the citizens of Delra¥-Beach to volun- teer your services and your talents. We would like to have some art classes, some music 'appreciation classe~, We need good records, and there are many things we need. If you have talent and have inclin- ation, we ask you sincerely, to contact the City Manager and let us make this program out there a tremendous success." 6.a. ~egarding the status of the parking lot acquired fromM rs. Pauline King in Block 117, Mr. O. W. Woodard0 Jr. informed the Council that the essence of the situation was that it has been dis- covere~ the tenants living in the.buildings on t~e south portion of this property, have a verbal lease that does not ~pire until the first of Ju~e~ Further, that c*nside~ing the alternative actions the City might take in regard to this,~ it was felt the most satis- factory solution was to request that all revenues resulting' from the rental of,~he two buildings be payable to the City, and the City proceed with the paving of the property that is now available, and at the time the southerly portion of the property has been vacated, the City then pave that portion. Mr. Woodard infoi~ned the Council that it maybe to the advan- tage of the City that the southerly portion of the King property is not available for improvement .as a parking lot at this time, as it may be desired that said portion be exchanged for property north of the King property, thus 91acing the City parking lotcloeerto Atlantic Avenue. Mayor Avery said he would like some clarification on this -2- 3-9-64 matter, as it was. his understanding that it had been definitely a- greed and so stated by a realtor, that the City could have o~c~pancy o~ ~e property within a definitely stated short peTiod of tim~ after th9 9roperty exchange had been made. cityManager Holland reminded the Council that he had dis- cussed this item with them~ further, that in discussing it with the City Attorney, it had been decided that punitive damages were ~vallable, a~d:the City shouldtake the income from said property until ~he first ~ city Clerk Worthing read the following report from C%ty Attor- .... ney Adams, dated March 5th, 1964: '"Re: Report on the status of the parking lot acquired fromM rs. Pauline M. King On January:'28, 1964, I wrote Mrs. King to the effect ~h~t we urgently needed the property~which she recently to the City of Delray Beach. Prior and subsequent to' ~it :-. date I have. contacted Mr~ Robert M~ Kinkead, ~he-rejl estat~ broker involved in the exchange agreement, concerning this need and reminded him of the exchange agreement entered in- to between his client and the City which,, for your-informa- tion, reads as follows= ~The party of the first part represents that there are three dwelling houses on the premises which sheis con-. veying, subject to leases terminable at the will of the parties. The party of the first part agrees that upon the full execution of this agreement that she will give notice of eviction to .the tenants of said dwelling houses and will do everything legally possible to deliver the.- premises vacant. In any event, the party of the first part will assure the City'that the premises will.be vacant no later than fifteen days fro~the date of closing.~ The transaction was closed on January 6, 1964~ and the pre- mises, there~ore~ should have-been delivered vacant, no later than January'21, 1964. The City Manager then instructed me to write-the two tenants residing in tbehouse located at the south end o_f.-the King property to inqu/re as to whether the lease was ether than one terminable at the will of the parties. .We then instruoted them that unless they had leases entitling them to remain on -- the preraises that we expected them to, vacate byno later than February 28.' One of the tenants, Mr. Fred Nelson, then came to my office and exhibited a~receipt.dated November 15, 1963, showing that he had paid the sum of $500.00 as.rental from~November 15, 1963 tO JUne '1, 1964, He informed me at the same time that a Miss A~vina Deiterman resided to the rear o~ the pre- mises and she has a month to month lease at $40.00 per month and has paid no rent for'January and February of this year f0~the reason that Mrs,. K~ng has refused to accept the rent. In my Opin~ Mr. Nelso~'has 'a valid lease, with Mrs~ King ~nd there~,it is not legally ~ossible to evict him prior to June. 1,::~964~.therefore': it WOuld. seem that Miss Deiterman should be :~J~Wed..to stay until %hat time and the City shoul~ receive any ~entals~hiCh' Mrs. King w~ld: have been entitled to, including the.~'nt~ ~ January a~tFebruary. 3-9-64 "The next decision aee~s to be one of policy, - In my opinion, Mrs. King has definitely breached her contract with the City and I feel that there is also .a misrepresentation involved as to the status of the lease. ! will be happy to proceed in any manner the Council directs." During discussion it was pointed out that the City is legally due all of the rent from said property from January 6, 1964, which was the date the transaction was closed, and it was also expressed that the City should collect punitive damages as there has been a breach of contract and misrepresentation which resulted in consi~- able damages suffered by the City of Delray Beach since they were unable to. construct the much needed parking facilities for the down- town business area during the height of the season when it was so drastically needed. City Manager Holland informed' the Council that this item had been diacussed~ and it was felt if the rent was colle~ed from Janu- ary until the property is vacated in JUne, this would take care of the .punitive damages suffered by the City. Mr. Talbot stated that the City was due the rent, and felt that punitive damages should be collected in addition to the rent. Mr. Talbot moved that the City Manager be instructed to collect the rents that ars due the City as of this date and make such ar- rangements with Mrs. King that the future rents, as paid to her, will be passed on'to the City immediately, as of the date they are collect- ed, the motion being seconded by Mr. Saunders. During-discussion Mr.' Barrow said he ~did not understand how the City accepted the King property .until. it had been vacated accord- ing to the agreement of exchange. Mayor. Ave~ informed the Council that in a case such as this, they hav~ to rely upon the City Attorney, and the City Attorney has. informed the Council 'the acquisition of the property was quite proper and the next course the Council could take would be for damages for misrepresentation. Mr. Croft asked the City Attorney if the rent was collected as proposed, would it jeopardize the Cityes position in collecting puni- tive damages otherwise,, to which the-City Attorney answered as follows: "No sir, it ~ould not, because the property has been ours since Janu- ary 6th. As far as punitive damagea~ there is a distinction between punitive and compensatory damages. Actually, damages that we would be entitled to would be any loss .that we have incurred. That is what is known as a comPensatory damage. There is also a possibility if you-get into a lawsuit that you can also ask for punitive~ damages. Those are in add~tion tO the other damages." Upon call of roll that the City Manager be instructed to collect said rents, Mr. Croft, Mr. Saunders, Mr. Talbot and Mayor Avery voted in favor of the motion and Mr. Barrow was opposed. Mayor Avery then asked as to the pleasure of the council con- cerning satisfaction of damages in this situation,.and. Mr. Talbot · moved that the City Manager, in connection with the City"Attorney and also the Parking Committee, give. the Council a report as to what damages they think the City has~ suffered, as the City went into this transaction with the idea of facilitating parking during the season and that this is the best season ... the City has enjoyed in many years, and it should be established that the City has been damaged to a great extent by a breach of the contract. Mr. Croft said he understands Mr. Talbot's motion to be that this i~em be referred to the City Manager, the City Attorney and the-Parking Committee to detemAne how much the City's damages are, and mare recommendations, and that he would second suah· motion. Upon call of roll, the motion carried unani- mously. .4. 3-9-64 9.~b. The Council consented to AgendaItem 9.b. being considered at this time. City Clerk Worthing read the following report from the T~ffic and ~=king Committee, signed by Mr. O. W. Woodard, Jr., dat~i~Prch 6th, 1964~ " "Res Traffic and Parking Committee Report A meeting of .the Traffic and Parking Committee was held at 10:00 a.m., March 4th, at the Delray ~each Chamber of Com- merce. Members present were James Love, Bud Merritt, Chief John Gregory, Ken Ellingsworth, Chief R. C. Croft and myself. The first item under consideration was the Florida State Theatres properties in Delray. Mr. ~aMar Sarra, Vice Presi- dent and in charge of the chain's real estate transactions, in a letter dated February 28th, stated 'Reference is Made to your letter of February 12th regarding property ow~d~'~y our firm in Delray Beach. we have considered the possibility of an exchange of properties, but at the present time would not be interested in a sale.' The Committee took no action on this matter. The next property under discussion was the ~os property, contiguous to the City Park and north of the Kentucky House property~ Mr. Vos has placed a price of $160,000 on his property. The Committee recommends this property not be considered at this figure and suggests the Council may wish to review the desirability of continuing the' lease agreement now entered into with Mr. Vos, In view of the progress we are making in additional areas, we feel the property has no further value from a parking standpoint. I might also add that having discussed this property with the Tennis Committee, they are inclined to favor leaving the tennis courts in their present ~ocation, as modified by the widening of West. Atlantic Avenue. The third p~p~rty discussed is that owned by Mr. Surles, as brokered by Mrs. Edna Delin of the Plastridge Agency. In her letter of February 25th regarding said property, which is the South ~4 feet of Lot 5 and the North 36.4 feet of Lot 6., Block 117 (between. Mickey, s Restaurant and the C/ty parking lot), she offers the City this property for $18,000, or as per her. letter of November 18th, the property owner would accept a one year lease in .the amount of $1,635, ~ith a purchase price at the end of that year of $16,350, thus enabling the City to provide .for the larger expenditure in next year"s budget. In view of the delay the City. has become involved in .for the southerly portion o£ the old K/~g property, the' Committee suggests the Councilmight. wish to consider a possible change of property with-Mr, surles. That would be exchanging the south portio~ of. the old K/ng property for the Surles pro- perty, thus moving the City parking lot'cl0ser to Atlantic Avenue. If the Council agrees with this in principle, the Committee will pursue the idea further. The fourth property discussed was that owned by Mr. C. C. Cook. We discussed this matter at length. As the Chairman reported in his letter of Februar~.17th, Mr. Cook needs to make a decision within'the next 60 days in order that his 'move or improvement of his current location, whichever the Case may be, will fit into his slow and peak business periods. Mr. Cook indicated he would' f~vorably consider an arrangement -5- 3-9-64 "'with the City whereby he~ould reiocate his place of busi- ness onto the currently o~ed City property at the soUthweSt corner' of N. E. 4th Avenue and 1st Street. 'The City's pro- perry and Mr. cook's property are the'same depth, 125 feet. The City's property has a front footage of approxi~ately ?5.53 feet and Mr.. CoOk's property, 93.8 feet. In view of his additional footage,'Closer proximity to Atlantic Avenue and the improvement on his property, he would be willing to exchange his property for all of the 75~5~ feet ~f City pro- perty and $25,000, or all o~ his property for the South 50 feet of said City property and $30,000. As an alternative to either of these arrangements, he would also be wi'lling to make a personal loan at a local bank, subject to the City's willingness to pay the principal and interest expense on the loan, thereby enabling the City to stretch"the cost over a period of years. The'Comm£ttee feels this alterna~ive parking area would substantially increase the value of the already City owned parking lot north Of the 300 block of Atlantic Avenue. The Committee feels it would be most'desirable for the City to exchange property with Mr. Cook, if the financing can be accomplished. In additional business, the Chairman reported that 12 new parking meters are being installed on Ali immediately south of Atlantic Avenue, and 'one hour free' is being painted on existing parking meters in the City. M=. Ellingswor~h reported he had the ownership and value information the Committee had requested at the previous meeting available for consideration. In regard to traffic, .two Committee recommendations were forthcoming~ 11 The Committee recommend's that Mr. George Simon's commendation in his previous comprehensive City plan be acted upon, that being that at the corner of N. E. 2nd Avenue and 8th Street, the City investigate ob.raining the northwest corner property, Lot 29, Block"Il, Dell ~ark, owned by Mr. and Mrs. John P. van Ballegooien. In so doing; the curve could be Straightened out. 2. "Another-Committee reco~endation relative'to traffic was also in Support o£ a George Simon recommendation, that being that 2he Chairman further investigate with Mr. W. L. Thornton of the Florida East Coast Railway, the possibility of moving the F. E. C~ lOading platform,'thus enabling the City to put 1st Street South across the railroad track. Chief Croft was particularly anxious that such a crossing be accomplished'in order t= provide an east-west artery south of'Atlantic Avenue. It is hoped that if Mr. Thornton is in Delraythe ~econd Thursday in April, as is'now anticipated, this matter can further be resolVeS at that time." Regarding the Vos property, and following lengthy discussion concerning terms and conditions of the lease on same and proposed purchase, Mr. Barrow moved that the lease be terminated at the earli- est possible date, and if poasible~ any' monies pa~d be'recovered, the motion being Seconded by Mr. TalbOt. During discussion it was pointed out that the City and Mr. Vos had both desired that the first 'year of said lease not be sub- ject to cancellation. CityA~torney Adams suggested that this item be studied and a report made to the'Council at the next meeting. It was also reported that only $500.00 had been paid so far on said lease. -6- 3-9-64 Mr. Barrow and Mr. Talbot withdrew their motion and second that the lease be terminated, and Mr. T~lbot then moved that the Ci~anager and the City~Attorney be instructed to research mat~e~ and make a report at the next COuncil meeting. The m~ wa. seC~ded by Mr. Barrow and carried unanimously. Concerning the third property lieted in the Traffic and 9~rking Committee Report, or, led by Mr. Surles, Mr. woodard said tha~ ith~'been suggested th~s property may be exchanged'for=the ~h po=~9 of the K~ng property, ~t may be that an equitable could :be worked out with Mr. Surles whereby there would'be no"~pital Out~¥ involved. Mayor Avery asked if it was a committee recommend- at!on~:that they be authorized to explore the possiblity of exo~e and Mr. Woodard informed him that such was.=ecommen~9~i:',it bei~o'eo moved by Mr. Saunders and eeoonded by Mr. Croft. ~ of rol~, Mr. Barrow, ~r. Croft, Mr. Saundere and Mayor Avery':V6~ed in favor of the motion and Mr. Talbot abstained from voting. Concerning the fourth property listed in the Traffic ~O~'parking Com~9~ee Report, owned by Mr..C.C. Cook, there was ~r. Woodard said that parking was a very ~mportant item, but t~a~'coun- oil would have to determine what.they wanted accomplished as there was only so much capita! improvement money to be spen~ and there were items such as a new police building and new tennis courts that would also have to be considered. Each Councilman expressed their feeling that downtown parking areas were a necessity and that the Cook property was the ideal loca- tion. It was also expressed -that there should be an appraisal of the properties involved in the propOSed exchange, and suggested that this item be referred to the Planning/Zoning Board for their reco~endations. Miss. Dorothea Galvin cautioned the Cc~unoil about the way they were spending the tax dollars of the'City of Delray Beach, and men- tioned that the beach area paid about thirty percent of the City taxes. Messrs. James Love, ~lnce Canning and ~uinton Minor, merchants in the downtow~ area, expressed themselves that t~.,cook' property was very important to the parking s~tuation and would be the key to the use of the City parking lot .to the north of the. Cook property, further, that downtown parking areae were necessary f°r the economy of Delray Beach. Mr. John Kabler, a member of the T~affic and. Parking Committee and also a member of the Planning/Zon~ng Boar~, informe~ the Council that he felt_the City should purchase the Cook property as it was one of the kay lots that the City must have if it is to continue its park- ing program. ~ollowtng lengthy discussion, Mr. Saunders moved that the pro- perty be negotiated for and the City buy. the CoOk property. Mayor Avery asked which proposition of purchase or e~change, and Mr. Saunders said he would be infavor of a proper~y exchange and to leave the decision of ~hich exchange proposition up to the recommendation of the Traffic and Parking Committee. Mr. Barrow seconded the motion, and said he would like to see the City PgY $30,000.00 and keep 25 feet of their present property, but was willing for that decision to be up to the Committee. City.Attorney Adams suggested that an exchange agreement be au~horized that would be prepared and brought back to Council for approval. Mr. Saunders and Mr. Barrow agreed that the motion should be that an exchange agreement be negotiated and brought back to th9 Council for approval, also that the Traffic and Parking Committee make their recommendation at the same time as to which exchange proposition they recommended, further, that a bona fide appraisal by Mr. Joe Kern accompany the recommendations brought back to Council. Upon call of roll, the motion carried unanimo~¥. Mr. Kab!er sugggsted retaining the 25 feetof City property, i~ t~%.'~roposed, exchange, and Mr. Woodard informed the Council that was also the recomme~dation of the Traffic and Parking 'Committee. -7- 3-9-64 Concerning the last paragraph of the Traffic~ and Parking Committee Report~relative to the possibility, of moving the Florida East-coast Railway load'ing..platfo~m, thus enabling the City to put s. E. 1st 8treet across 'the railroad track, Mayor Avery and the Coun- cil gave their consent for the City Manager and Mr. Woodard to ®x- plots the feasibility of acquiring the right-of-way for S. E. 1st Street across the ~ailroad track. Con~erning M~. ~eorge Simon' s r~commendationa relative to straightening out the corner of N. E.~ 2nd Avenue and 8th Street0 Mr. Woodard informed the ~ouncil that 1~. and Mrs. John P. Van Ballegooten ov~ned Lot 29, Block 11, Dell Park,which property was the northwest corner of that intersection, end he would like Council to negotiate with them for the sale of said property to the City. City E~gi~eer Fleming informed the Council that several years ago when this corner had been considered, he had been instructed to see if a reverse curve could be accomplished within the distance of that one lot, and since this 'is a County road and has to be construct- ed to County specifications ha had discussed this with County Engineer Steve Middleton, who had informed him that according to' their specifi- cations, a reverse c-arve could not be constructed within that distance. Engineer Fleming suggested that the new County Engineer be contacted for his determination if the purchase of the. one lot would remedy the situation. Engineer Fleming also informed the council that the City would have to provide the right-of-way even though this was a County road. City Manager Holland informed the Council that h%. had been a Councilman at the time this was prevlgusly considered ar~ had recom- mended that the City buy the lot to t~e east of 2nd Avenue as we11 as the one to the .West, but it had not been done° and since that time a house has been built on the lot to the eas~. Following discuesi6n, Mr. Barrow moved to d~ect the City Manager to explore the proper procedure with the c~ty Engineer, the motion being seconded by Mr. ?albot and u~animously carried. X. City Manager Holland asked that the Council cO~/'~r an item at this time that ~ould be presented by the City City Engineer Fleming explained to the Council as follows-. "This matter could" not be put on the Agenda because the letter was just received today fr°m Mrl ~hite~the Attorney for the Flood Control District. AS you know, the City has accepted a check for some $66,000,00 for the construction of a bridge on spanish Trail over the C-la Canal. There is another bridge on Brant Drive which is to be constructed but the FloOd Control District wanted to hoId this second bridge up due to the fact that there was a change in the width of the waterway at that point. We have spaci~ications and plans ready to go out on the Spanish Trail bridge and the ~lood Control DiStrict people decided that they would release the Brant Drive bridge and would like to have us advertise both of them ac the same time in order to pro- bably receive a little better price from the bidders. We have speci- fications now prepared for the Brant Drive bridge and I would like to put them out immediately for bids. and accept bids in time to make a rec~mmendation for the next Council meeting. However° I told the Flood Control D/strict people that I didn't' want to come to the Counc£1 and recommend that they award a contract for the Bran~ Drive bridge until we have either an executed contract or the money in hand for the con- struction of the bridge, so this latter today from Mr. White reads as Engineer Fleming then read the 'following letter from Attorney William C. White, dated March 5th, 1964: "Enclosed please find original, duplicate original and one copy for your files 'of the proposed Agreement between the City of Delray Beach and this D/strict for the construction of the Brant Drive Bridge across Canal -8- 3-9-64 "Please effect the execution of the original and duplicate original and return both copies to this office. Your ex- ecuted copy, to~ether with a check in the amount of will be mailed to you following execution." City Engineer Fleming then read the Agreement which ~ccompanied the letter from Attorney White and asked for Council appro.v~! of same, that it may be executed by the Mayor, in order that.the City WOuld have an executed agreement or the money at the time of the ne~ Coun- cil mpeting, it being so moved by Mr. Croft. The motion was seconded byMr. Saunders and unanimously carried. (Copy of agreement is attached to and made a part of the original copy of these minutes.)(See Pages 286-A & 286-B) City Engineer Fleming explained that the usual procedure inthis kind of.£nstance,~sthatthe Engineer receives the bids, tabulate~ same and reports to the Council. Mr. Croft then moved that She City Engineer be authoriz~d to publish the bids, receive same in a certain length of time, $~late same'and present them to the Council with his recommendation, the motion being seconded by Mr. Saunders.and carried unanimously. 6.b. City Clerk Worthing informed the Council that the Third Annual Conference .for Mayors, Councilmen.and City Attorneys will be held on March 12th through the 14th, at the Robert Meyer Motor Inn in Orlando, Florida. Further, this conference is sponsored by the Florida League of Municipalities through the Public Training Service Center, a Divi- sion of Florida University, and during this meeting the legal counsel for the League, Mr. Ralph A. Marsican~ will be one of the speakers. The City Clerk also informed the Council that a very i~portant.item on the Friday afternoon agenda should be of much interest to Delray Beach, that being "Mandatory Water and Sewer Connections", and sug- gested the Council may~desire to have-their City Attorney attend the Conference. Mayor Avery said this was a very important conference, but that he would be u~able to attend same. Mr. Talbot ~oved that the City Attorney be requested and au- thorized to attend this..c9n~erence~.with his expenses paid by the City, also that expe~es be paid'for any Councilman attending. The motion was seconded byMr. Barrow and carried unanimously. 6.c. City Clerk Worthing informed the council that the following bids and recommendation havebeen received for replacement of the existing roofing and..flashing of the M~nicipal Police Building which, due to. its condition,~ is in need of immediate repair. "Modern Roofing 'Company Job.Complete $ 495.00 Tropical-Roo£ing Company 1,306.00 It is recommended that the low bid be accepted which provides for 'Removing all existing roofing and flashing. Replace all flat area w~th 4~p1¥~ 15 .year specification tar and gravel roof. Replace al/sloping area with 90% slate mopped over one 30% felt tin tagged. Installing 83 feet of 14", 26 gauge, galvanized flashing'". Mr. Talbot moved that the low bidder, Modern Roofing Company, be given the job complete at $495.00. as per specificatione, an~ the money be taken from the account of the Jail and Police Department, the motion being seconded by Mr. Saunders and unanimously carried. 6.d. The City Clerk presented the followi~, letter from Russell & Axon, date~ March 6th0 !964: -9- 3-9-64 "sub:jetta-.- Sever Project - Earbsrosse c~ange Order 1. ~e~e ~s attache~ for ~uncil approval ~ange Or,er No. 8 to Barbarossa an~ So~s, InC. ~nt=a=t fo= ~nstruct~on of se~rs ~n Sections i an~ II of ~e Delray Beach Sewerage works Project. 2. ~ls ~ange Or,er covers ~e pla~men~ of full width ~v~g Ln ~e following lo~tions: a.N. E. 8~ St. '- SwLn~on East to ~Li N. E. 9~ St. - SwLn~n to 3r~ Ave. c. S. E~ Tth Ave. from 8. ~..3r~ St. to S. E. 4th St. an~ aroun~ ~rner ~st on S. ~. 4~ St. to Route No. 1. 3. Pa~ent will be made at ~e agreed price of $9. per ton · of asphalt in place. ~ls is the sa~ pr-ice that ~s ne- gotiated for ~ange Order ~..4.' ~. Taler ask~ ~. Neff if all of the for~ ~ins under said streets had been tes~d and appro~d'~ ~. Neff ~nfo~ed ~he Council that t~e force ~a~ns ha~ not been teste~, but ~at they ~1~ be w~th- in the next few da~.. ~. Talbot moved for ~e approval of ~ange ~der No. 8, Bar- barossa and sons, subject to ~e approval of ~e City Manager, motion being seconded by ~. Sanders and unanimously carried. (CoPy of ~an~e Order No. 8, Barba=ossa and'$on8.,~8 a~ohed ~ and made a part of the official copy of ~ese minutes. )(See PaKes ~86,0 286-D) ~. ~e~e ~re n~ petitions and co~unications. 8.a. City Clerk worthing presented O~INAN~ NO. G-524. AN O~I~NOE OF ~ CI~ CO, IL OF ~ ~TY OF DE~Y B~, AM~ING S~SE~ION T (b), SECTION 29-7.5: ~PTER 29, coDE OF ~NCES OF ~ZS C~, PERTAZ~ TO SET ~CK LI~S A~ ~ST A~ FROM S~N A~E. ~ ~ST N~, BE IT O~I~D BY"~ CI~ ~CIL OP T~ CI~ OF DEL~Y B~, F~RX~, AS ~L~S: Section 1. SubSe~ion 7(b), Section 29-7.5, ~apter 29, Code of Ordinances of the C~ty of ~l~y Beach, Florida, be a~d ~e same is hereby amended to read as follo~: "Sec. 29-7.5 ~neral Provisions and .~cePtLons "7(b) Set back lines shall be established on both sides of West Atlantic Avenue seventy-five (75') feet from ~e center line ~ereof, from Sw~nton Avenue to West E~ghth Avenue. ~ere a law~ul structure exists at the effective date of adoption or amend~nt of ~is ordinan~ ~at could not ~ built ~der the terms of this ordinance by reason of ~e new set back requir~ent for build~ngs from Swinton to West Eighth Avenue', such structure '~ay ~ continued so long as remains o~e~ise lawful, subject to 2he following provisions: -10- : 3-9-64 (1) No such str.ucture may be enlarged or altered in a way which increases its non-conformity; (2) Should such structure be destroyed by any means to an e~t~nt'of more than 50 per cent of its replacement cost at t~me of des~ruction, it shall not be reconstructed except in conform~t~ w~t/~' .the provisions of this ordinance. T~%~ regulation shall ,st be interpreted to require a set back of m0F9 ~han seventy-five (75')feet from the center line of wes~ Atlantic Avenue." ~ PASSED on second and final reading in regular session on this . . . day of , 1964. There being no objection to Ordinance No. G-524, said Ordinance was unanimously passed and adopted on second reading on motion:by Mr. T~lb~ and .seconded by Mr. Barrow. 8.b. City Clerk"Worthing presented ORDINANCE NO. G-526. AN. ORDINANCE ,OF THE 'CITY COUNCIL OF THE CITY OF DELRAY BEACH, PLORI~A, ANNEXING TO THE CITY OP DELRA~ BEACH CERTAIN LAND, NAMELY -LOTS 56 and 58, DELRAY BEACH SHORES, WHICH LAND IS 'CONTIGUOUS TO EXISTING MUNICIPAL LIMITS .OP SAID CITYI RSDEPINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE. RIGHTS AND OBLIGATIONS OF SAID LAND~ AND .PROVIDING FOR THE ZONING THEREOF. (Copy. of Ordinance No. G-526 is attached to and made a part of the official copy of these minutes.) (See Page 286-E) There being no objection to Ordinance No. G-526, said Ordinance was unanimously passed and adopted on second reading on motion by Mr. Barrow and seconded by-Mr. Saunders. 8.c. The City Clerk.presented ORDINANCE NO. G-527. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.DELRAY BEACH, FLORIDA, ANNSXI~ TO THE CITY CERTAIN LAND LOCATED ..IN SECTION 18, TOWNSHIP ~6 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGU- OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF. SAID CITY TO IN- CLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Commercial) (Copy of Ordinance No. G-527 is attached to and made a part of the official copy of these minutes..) (See Page There being no objection to Ordinance No. G-527, said Ordinance was unanimously passed and adopted on second reading on motion by Mr. Talbot and seconded by ~r,. Croft. 8.d. The City Cler. k~ P~esented ORDINANCE NO. O-528. AN ORDINANCE ,OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY. OF DELRAy BEACH CERTAIN LAN~I LO~TED IN SECTION 28~ TOWNSHIp 46 SOUTH,-RANGE ~ EA.ST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL '-11- 3-9-64 v.zMITS o1~ SAID CI~ OF ~D C~.~ ~C~ ~D ~ PRO~D~ FOR ~ ~ ~ OB~I~IO~ OF ~ID (Irene Moore, SoU~ Ocean Blvd. (Copy of ~dinance No. G-528 official copy of these minutes.) (See Pa~es ~86-H 'a ~86-I) ~ere being no object,on to Ordinan~ No. G-528, said Ordinance was unan~usly ~sse~ an~ a~opted on Talbot an~ aeco~e~ by ~. Saunders. 8.e. C~ty Clerk Worthing presente~ O~I~NCE AN O~X~ OF ~ CI~ ~CZL 'OF ~ CI~ O~ DEL~Y B~CH, F~RI~, A~ TO T~ CITY OF DE~Y B~ ~TAIN ~S L~D IN SEC- TION 8, ~SHIP 46 S~H, ~NGE 43 ~ST, ~I~ ~S A~ ~XGUOUS TO E~STI~ ~ZCX~L LIM- ITS OF ~ID CI~ ~EFI~ T~ BO~A~ES OF ~ CITY ~ INCL~E ~ID ~S~ PROdDiNG FOR ~dinan~ No. G-530 was ~nanimous~y p~a~4 on f~rst reading on motion by ~. ~al~% and seconde4 9.a. City Attorney Adams p=esented a lengthy =e~rt, da~ed ~rch 6, 1964, to ~e Council ~ncerning certain changes in the original insurance coverage of Russell a Axon under Policy No. EP 5275 for Engineer's Pr0fessional Li~bility, and said ~at he felt Russell Axon had unintentionally breaded their ~ntract with the City and the City should not ~y ~e $1,134.20 premium to them for coverage that ~e C~ty ~d not re~ive. copy of the City Attorney's report on said insurance coverage, dated March 6, 1964, is attaeh~ to mn~ made a Part of the official copy of these minu~s. (See PaEes ~86~K ~ ~86-L) During discussion, City Clerk wor~hing was requested to read ~e following excefpt from City Attorney Adam's report: "Perhaps, as ~. ~nger has stated, a five ~ar d~scovery period as contract~ for ~m i~ossible to ob~in~ however, in my Opinion, th~s ~s a ~terial part of the contract, and Russell & Axon should have investigated the feas~bility of such a clause prior to ~e execution of ~e agreement. I honestly do not ~lisve ~at ~e company realized this short- coming in its ~licy ~til ~. Bro~ and myself called it to the c~pany's attention, and Axon should have little trouble in obtaining $1,134.20 it paid its insurance carrier." City Attorney Adams p0int~ out that ~is insurance co~rage had been cancelled out wi~ ~ssell & Axon and the City has obtained their o~ insurance to cover aussell & Axon in this phase. ~. ~lbot moved that the City Attorney be au~orized to con- fer with ~. Wenger of Russell ~ Axo~ stating, his views that have just been presented to the Council. ~er, ~at the City e~ects a refund in ~e amour of $1,134.20 and sees no reason why their in- surance carrier should'no~ ass~ ~e burden, ~e motion being se- conded by ~. BaNrow. City Attorney Adams ~nf0rmed Wenger a copy of said report~ da~e~ March 6th, 1964, with a request f~ his c~ments on sa~, and that he would then present ~is item back to the Council. -12- 3-9-64 Upon:cai1 of tell, the motion carried unanimously. Mr. Talbot asked how much the City'was paying for the ~ddi- tional $$00,000.00 insurance coverage in lieu of the standard C~verage that Russell & Axon p~ovides without any additional cost to the City. City Attorney Adams informed the Council that at the time he reports back' to Council on the other insurance item, he would endeavor .to have Beery and Brown, jth~~ ~nsurance Agent of Record for the City, give a breakdown on that and ~omment on same. Mr. Talbot' said there' was a project engineer on the j9b now that he feels will not approve anything that is to go in the ground, or iS in the ground, unless it passes the most rigid test as demanded by the contract, and that the City is throwing away about $2,200.00 of the sewer bond money in carrying the errors and omissions insurance. ~urther0 that it is questionable whether the City could ever Collect mon~yfor what they feel are errors or omissions. Mr. Talbo~ if Mr. Neff had any comments to make on this, and Mr. Neff rep~Od as follows= "I think that .normally the City is amply protected with the $150,000.00 'the consulting engineers' in the State of Florida usually carry on this line of work. It.is a problem that in 35 years of experience,I have only seen one, colleCtionof any sizeable amount of money on the omissions and errors. I think the City probably asked for something that is not written- an insurance Policy that they couldn't get to start with, and as John Ross Adams pointed out at one time, this policy only gives you the right to sue and assures that the engineers will have the money there if the City wins the suit. It is rather tenuous insurance, and other than that, ! can only express my experience with these kind of things,which usually is not a very positive policy." Mr. Talbot asked for comments from the City Attorney on this matter, and City Attorney Adams said he wouId rather have a fetter from Beery and Brown which would point out the pros and cons of that insurance coverage. Mr. Talbot asked that such a report be obtained and placed on the Agenda of the next regular meeting. 9.b. This item appears in the m~nutes following Agenda Item 6.a. 9.c. The City Clerk presented the following r~port from 'Mr. O. W. Woodard, Jr., made for City Manager Holland, dated March 5th, 1964= "Re: Report on status of 1-95 a~d possible Council 'action Numerous City and County Commissions, as well'as'the Tri- County Governmental League, have for the past fifteen years been trying to s~imulate ~ction in Tallahassee which will result in.the construction of State Road 9 or 1-95. Mr. C. Y. Byrd was instrumental in obtaining right-of-way for this project when he was on the County Commission. As recently as April 22, 1963, Mr. Byrd was still fighting to see this program favorably resolved.. At that time_, he wrote Mr. Jack Le~deno~ the Palm Beach POst-Times staff, commending him for his article in the Sunday Post-Times of April 21st, entitled 'What's Happened to State Road 97' A copy of this article is attached. Copies of Mr. Byrd's letter were sent to State senator Ralph Blank, state Representative Jerry Thomas, State Representative Emmett Roberts, state Repre- sentative Donald Reed, State Representative Ray Maudry, County Commiesionor Geo{~9 Warren, Mayor. Ray G. Behm of West Palm Beach, 'MaYOr Richard CarPenter of Lake Worth, Mayor Charles Brown of Lantana, Mayor John Archfe of Boynton Beach, Mayor Walter Dietz of DelrayBeach and Mayor Joe DeLong of Boca Rato~. 3-9-64 "As a result of the same newspaper article, I began a campaign on this project. Through members of the Tri-CountyGovern- mental League, Dads, Steward and Palm Beach Counties, we in- dividually and collectively requested action of State and Federai officials by resolution~ letter and telegram. Other municipalities took similar action. On June 10, 1963, t~ne Palm Beach County Commission, at its regular meeting, adopted a resolution urging our Congressional delegation in Washington 'to intercede directly with the Federal Bureau of Roads, to accelerate the construction of 1-95. As a result of these and many, many other similar actions, the Federal government has indicated recently it now has 90% of the funds available, as soon as the State initiates action and' comes up with 10% of the funds. Thi's is where action is needed. There is no time as made to order for us as the gubernatorial election campaigns which are upc~ming. I recommend the City of De. lray BeaCh write all City and County Commissions on the ~old Coast. Each of these commissions should in turn write all gubernatorial and state candidates, asking them Pointedly 'i£ they were elected will they fight for the accomplishment of this critically needed program~. In turn, each of the 'variOus Commissions should ask their citizens to write, and each Commission should ask the cooperation of their local news media, to bring this critical need to th~ attention of the candidates and the electorate. You~entlemen have received copies of letters sent to Federal, state and County 'officials, sent with the hope that the most current i~formation will be forwarded to the City of'Delray Beach for'your attention. The method~ proven most effective in producing favorable action is to have a permanent office in Tallahassee where one can conti~uously lohby. One does not have to look far to see that such methods bear fruit. However, in the absence of this manner of expression, I believe the previously mentioned cour~e'o~ action will be our best alternative." Mr. wo0derd then read the following letter from Mr. P. Dunbar, Right-Of-WayAgent for Palm Beach County, dated March 5th, 1964= "Replying to your letter of February 27th, relative to State Road 9, or Interstate 95, in the vicinity of Delray Beach, I am enclosing herewith'a report issued by the Bureau of Public Roads in February of this year which seems to place the c~nstruction in the vicinity of Delray many years in the future. As you know the Board of County Commissioners has been trying to get this project activated over a long period of years but so far without success." Mr. WOodard read excerpts from corresPOndence from the U. S. Department of Commerce, Bureau of Roads, Washington, D. C., dated February 17, 1964 as follows~ "The Florida State Road Department has authority to initiate revisions of its construction program, as indicated in our earlier letter. -14- 3-9-64 "~rowardrPalm Beach CouBt¥ line to. SR 8q6.(Atlantic Avenue, pelra~ ,~each) (1~.~ .mi~e8) No construction started' Public hearing held March 9, 1958 SRD and BPR agreed in 1961 to further location studies, which are underway. If location is changed, another public hearing may be necessary. County gave a strip of right-of-way to SRD prior to 1958. Some or all of this may be used. Additional right-of,Way maybe required. Open to traffic in 1972 according to 1960 SRD schedule. · sR 806 t~ ,H~°luxo Rgad (?.8,,,miles) No construction, started Public hearing held March 9, 1958 SRD and BPR agreed in 1961 to further location studios, which are underway. If location is changed, another public hearing may be necessary. County gave a strip of right-of-way to SRD prior'to 1958. Some oral1 of this ma~ be used. "Additional right-of-way may be required.. Open to traffic in 1972 according to 1960 SRD schedule." Mr. Woodard said that the County ~ommission is working on this project, and if the Council wishes to take .anyaction, suggested it be as outlined in the third fr°m last paragraph of his letter of March 5th to the Council. Mr. woodard informed the Council that the Federal Government has indicated they h~ve 90 percent of the funds and are ready to expend same as soon as the State Road Department initiates action and is willing to spend the 10 percent. Mr. Woodard suggested appointing a standing committee composed of a Councilman, Attorney C. Y. Byrd and anyone else the Council may desire, to continually work on this program and keep it before the public. Mr. Talbot said he thought the information presented by Mr. Woodard was very valuable and in order to get a coordinated program organized and active, suggested Mr~ Woodard and Attorney C. Y. Byrd formulate such a program and the City Manager or Council, as a policy factor, designate who should be responsible and carry such a program through. Mr. Talbot then moved that Mr. Woodard and Attorney C. Y. Byrd formulate Such a program to be presented to Counuil at the next regular meeting. The motion was seconded by Mr. Barrow and carried unani- mously. 9.d. Concerning a committee report on finger canalmaintenance, Mr. JGhn E. Varney requested that the reading of said report be deferred until the next Council meeting to allow himself and Attorney Henry Crowley, two members of said committee, time to read the.report as they were unaware of its contents. Mr. Saunders moved that said item be deferred until the next meeting as requested, the motion being seconded byMr. Talbot and unanimously carried. 9.e. The following report from the Building Code Appeal Board, dated March 5th, 1964 was presented: "The Building Board of Adjustment and Appeals met at 7:30 P.M., November 20th, 1963 on a request of Council, to study the codes and ordinances of tho City, to intelligently recommend ways and means to correct and enforce the licensing procedure. -15- 3-9-64 "This Board consists Chain~an P. Herig, General COntract°r - C. Toth, Architect ~. Myers, Plumbing Contractor -R. C. Keen, Electr£cal Contractor, J. wells, Roofing and Air-Condition~ng Contractor, R. D..Worthing, City Clerk, J. R.~Adams, City Attorney and R. A. Hughson, BuildingOfficial The Board has met several evenings for discussion and study and now has this report to submit as a recommendation for your approval. A preliminary survey of the construction industry made with the cooperation of Mr. Worthing's department indicated that approximately 200 concerns and individUals conducted their business in 1963 without_city occupational licenses. This figure .represents known violators of our ex/sting ordinance and no attempt was made to estimate the number of those un- known. Two years ago, the City of Boca Radon having a, like problem, had a total of 200 occupational licenses. Now, due to proper surveillance by an appointed licensed investigator, their occupational licenses now total over 900. In view of the above, it is the opinion of this committee that in addition to the proposed ordinance changes,..the following steps should be taken. 1. Strict enforcement of all existing and proposed ordi- nances pertaining to occupational licenSeS and the identific- at,on of commercial vehiules. 2. Transfer of all matters pertaining to the issuance and enforcement of construction occupations1 licenses, from the tax department to the buildingdepartment.. 3. Appointment of an additional inspector, under the super- vision of the Building Offi~ial, to properly execute .the added requirements. His duties can be coordinated and combined with the future need for an'additional inspector to be used in conjunction with the sewer tie-in program. 4. Vestal1 inspectors with the power to issue warrants or citatipns for all violations pertaining to licensing and construction ordinances." Mayor Avery sai~ there were seVeral items that should be considered separately, and asked if there was any. requested ordi- nance changes, and if they had b~en ~isted so they could be identified. and preparation authorized. City Attorney Adams informed the CoUncil that there were several ordinance changes, but they had not been prepared as yet, that he had met with the Committee and expected to have some ordinances prepared for presentation to the Council soon. Mayor Avery asked the City Attorneyif he had that information and would submit it to Council at a later date, to which City Attorney Adams said thatwas correct. Concerning Item 1 of said Report, City Clerk Worthing informed the Council that the word ."proposed" should be delete~ from that item, as you couldnot enforce non-exts~ing ordinances. -16- 3-9-64 Mayor Avery asked what action the Council could take other than instruct the City Manager to see that the ordinanoesare more closely enforced, to which City Attorney Adams replied that should be sufficient. Mayor Avery asked the Council if they wished to give ~9~ in- struo~i0n to the City Manager, and it' was so moved by Mr. Croft and seconded by Mr. Barrow. Mayor Avery said it had been moved the City Manager be $~- structed to have stricter enforcement of the existing ordina~s, particularly the identification 6f the commercial vehicles, ~a upon call of roll, the motion carried unanimously. concerning Item 2 recommended by said Committee, City ~erk worthing informed the Council that resulting from the fact th~ Tax Dep~r{ment does not have personnel out in the field who are i~'~'~ po~ition, as are members of the Building Official's Department, to identify contractors and construction ~eople who undoubtedly ars escapSng the requirement of being licensed, .The Ta~ Department is not in a position to enforce that .phase of licensing, ~d that he Fp~ommends the change. City Attorney Adams commented as follows: "That is one of the proposed ordinances, Mayor Avery. That is one of the reasons I was waiting, because we would have to wait for your direction to create an ordinance delineating the powers of who is going to enforce which particular occupational license." Mayor Avery asked if it was wished that this ordinance be drawn, and Mr. Barrow so moved. Mr. Talbot seconded the motion and commented as follows: "Item No. 3, I am certainly in favor of en- forcing this, but I notice the appointment of an additional inspector. This perhaps is an administration problem, but I hope it can be ac- complished without adding any additional personnel. To me, from a budget standpoint, we are right up to the hilt on employment of personnel, and I am hoping that our good City Manager can come up ~.i~!~?~omebody that can double in brass, so to speak, when the ordinance -~~pleted so it can be accomplished without employing additional Mayor Avery said he would like to have a little analysis of the Building Department budget, and asked the City Manager if the Council could have an answer as to whether that isa self-sUpporting department. Mr. Hughson, the Building Official, informed the Council that i~t year's budget, the Building Department was alloted $21,100.00 ~perating their entire department, and the fees, etc. collected frem that department amounted to over $25,600.00. Mayor Avery asked for the recommendation of the City Manager on this particular item, and City Manager Holland reported as follows: "Mr. Worthing and I went through a box of licenses which haven't been called on, have not been reviewed. We don't know Whether they are in business or not, and it is practically a full time Job. I believe Mr. worthing estimated to me it is approximately $10,000.00 in licenses which you or I are not sure are in business. We know the licenses have not been renewed. You men have been here on this Council and there has been no action or performance in this particular field. I instructed Chief Croft a while back to pick up any truck that wasn't marked, and you see all kinds of signs on them, but you still see a lot of trucks, commercial vehicles, which are not marked. I don't have the time,and neither does Mr. Worthing or anyone else in the City, to take all of these last year licensee which stem fkom Boynton, Boca Raton, Deerfield, Delray Beach and everywhere else, and determine whether or not they are in business and OPerating here. All we know is that the licenses have not been renewed and there is approximately $10,000.00 in the file that someone is going to have to'take ~ime some day to find out whether they are or are not in business here. If you can tell me who the man is, I would be glad to put him to work. I agree with Mr. Talbot, and don't'want t~' put on an additional employee -17= 3-9-64 "if X can help it~ but these ere the ~hings that have been' lax for years in the City." Mayor Avery said the Council would first have to authorize the transfer of that particular phase from the Tax Department to the Building Department, and th~n money woul~ have to be authorized for perfonming same. MayOr Avery then asked how'much money i~ would take to perform this, where the money would come fr~,~.also how' much estimated revenue would come in as a result o~ia tr&nafer of duties. City Manager Holland informed the coun~-that'Re was not able to answer those questions tonight, as he had. JUst recently been made aware that such conditions existed, but felt sure that' half or more of said licenses ware due tube paid. Further,-he felt the City is losing twice the amount of money it would take to pay.the salary of a person to investigate and carry through on these, and if Council wished he would.study it furt-her and make a report. Building Inspector Hughson informe~ the Council that his in- spectors are busy all'of the time, either in the field or in the - office,and they give the contractors a very 'good service in inspec- tions, which is very important to the contractors, as they c&nnot afford to wait for a long period of time for inspections to be made. Further, the DeIray Beach Building Department has been complimented many times on the promptness of their inspections in comparison with other uommun£ties, and this prompt service was due to the use of the radio equipped cars and also due-to the fact that Bis two inspectors are in the field most of the time and cover a lOt ~of ground. Mr. -'-- Hughson said he did not believe his department could continue to d~ the good job they are doing and do this additional work, and that many new licenses wou[d be issued as well as investigating and getting renewals of the ones discussed-tonight. During lengthy comments and discussion, City Manager Holland -- again informed the Council it was his sincere belief that a good man hired for the proposed job would bring much more money into the City funds'than it would cost to provide such employee. Mayor Avery said the City has-an obligation to the people who are licensed to'~'ee that everyone working in Delray Beach obtains a license. Mr. Croft asked what the cost would be to hire said proposed employee, and City Ma~ager Holland said the starting salary would be $383.00 per month, and there would also need to be car allowance. Mr. J. L. Patterson asked if it would be possible to emp~py a person on a commission basis for this proposed Job.. Following lengthy diacussioh, Mr. Sa~nders moved that'said licenses be transferred to the Building Department, the motion being seconded by Mr. Barrow. Mayor Avery said it had been moved and seconded, that proper ordinances be drawn' to transfer this phase of the licensing to the Building Department. Upon call of ro11, the motion carried unanimous12 Mayor Avery said there was a recommendation that the inspectors of the Building Department be empowered or ~eputized with police powers and asked the C~tyAttorney if that was correct. City Attorney Adams commented as follows: "When we draft the ordinance, let me consider that. It may be that youwouldn't nec- essarilywant to deputize the inspectors, because they can create liabilit~ on the part of the City, although they Could issue a citation or get the number and a warrant could be issued for anybody's arrest. I will report on that after conferringwith Chief Croft." Mayor Avery commented as follows: "As far as the personnel is concerned, it is transferred and ir'is up to the City Manager to come back w~th any.definite recommendations as how to best accomplish the ~ob. Is that correct? So it doesn't require any action. It is ad- ministrative from here on and if he need~ more help0he will have to come back with specific recommendations. Is that correct? City Manager Holland answered that was correct. -18- 3-9-64 City Clerk Worthing commented as follows: "If ! may, ~our Honor, thouqh it is ra~her late and Fou miqht not want to hea~ ~ . stg~ it doe~ pertain to occu~tional licenses. You have, ~ De~ment ~ot ~ntinue opera,lng that ~icense ha{: ~'g~ered ~rough for ~e las~ ~st ~ny ~ars wi~ou~ ~ o~':-~'additional Mn, whi~ has been re~eoted of ~e last ~tonal licenses. Ho~r, ~ ~uld ma~aqe answer ~OF ~_, ~ree ~cil would amend S~tion 16 o~ ~e ~do o~ ~at no por~ ~ ~tt~ to Be en~aged in an~ ~ or ocean a~.~er ~uary lot, wi~out having pro~ ~ional licen~ fr~ ~e Tax ~llec~or for the curren~.]~$~Cal -'~e paint o~ all license taxes My. bo ~orced by co~n~a~o~ ~or ~ ~o o~ ~ grea~er i~o~ance ~an ~he ma~er ~u have been s~u~y~ng ~he ~as~ ~een m~nu~es. Again Z sa~ ~a~ ~he Coun=~ wou~d establish a ~a~e, and ~n v~ew o~ ~s being ~ much mo~e ~en a reaor~ area. my personal ~co~n~a~on ~u~d be ~anua~ ~s~, Z~ ~e ~c~ ~u~ establish ~anuar~ ~a~ as a deadline people ~unc~oning ~n ~us~ness w~n ~e C~ ~m~ts w~ou~' a~ ~cenoe. an~ :v~o~a~ozs' ~hereo~ ~o be ~aaued a ~an~ ~o~: ippeazance ~n g~eat deal,. 'a~ ..X'w~l~ oaf ~at :~br ~e ~xt t~.~ee=. ~u ~uldn*t need ~8 .additional man ~n ~e TDx.~pa~t~nt tO ~ct~on in ~e ~ss..off ..'~ssuinq occ~t~onal.~ licenses.." . : ~r Aver~ asked tho C~t~ At~rnoy'. t~ ~s ~uld re,ire an ordinance or ~ff ~. could .~ handled bF.. a :.mo2~on of a ~ooolut~on. city ~nager Holland as~d C~ty C~erk Wo~ng=..- "~o ~, to, even ~ough ~u' ~ve an 0rd2nan~ to .~anuary lot, r~ do~ what ~e no~ have ~n ~e b~ ~ yo~ offff~ce ~ determine who~er ~ey are leg~t~to Or ~o .nFo not. ~o ~s go,ag to do C~tY Clerk ~rth~ng ans~red that ~e ~x ~partment ~ul8' do ~at, and C~ty' ~aqor Holland sa~d ~ere ~as no n~e~ ffo~ an add~tlo~l employee Ci2y ~erk worthing c~ented aS ~ollo~8: "X ~UOt stat~ ~ ~e Co~c~l PrOViding s~ch change ~n ~o ordinance, the Depar~ent ~1~ collect ~e l~nseo ~$~ are_ now approx~ma~l~ ~10,000.00 ~COlleoted.'* ~e C~t~ ~nager asked-~o ~n ~e Tax Department those 'colloct~Sns and ~ofce ~o ~s. Suo, ~ o~ w~out an ordinance. ~2~' Clerk Wor~ng sneered= "W~out an ordinance, no~dy ~11' make them, ffor'~"haventt ~o t~ nor help, as l ~ld ~u a flew days ag0,'and:~ told the t~ preceding. C~ty ~aDer~ the same C~tY ~nuger HO~land asked ~. ~Fthtng ~ff hav~ng ~e ordinance ~u~.solvo ~e problem,' a~d'~. ~r~tng 8a~d ~at ~t" ~uld. ~r A~ry asked the C~t~. Attorney. ~ff ~ ~uld r~ro an hence and C~ty A~tornoy Adams asked: '~. Wor~ng, are ~u reffer~ng to the l~conse that ~uld ~en bo. ~n ~e Tax ~llec~r~ ~par~ent, or are ~ou' reff~rr~ng to all off C~t~ 'Clerk Worth~ng 'ropl~ed=' "~fs Council has ~ust d~spooed off, and' r~ght~ully es, all contFactor~:s':l~nseo and ~l ~ss~nce off. them. Z am reffer~ng to all o~ero ~$ch ~11 brtn~ ~n; w~ ~e proper op~ation, better: ~a~ ninot~ ~ousand ~lla~o a ~ear. ** Hair A~r~ asked: -"~y~ ~ouldn*t :~e same ordi~ ~clude ~e O~her '~yo ~o, one o~inen~ ConclUde' 'b~ '.aet~' an~u have' City Attorney Adams answer~d~ ~'~-~ch~itk if you m0re or less express a pollo'Y of wanting to go along with his recommendation, then I can find ou~ if it needs an ordinance." Itt. Saundbrs said he did not understand how the passage of an ordinance would take the place of a man ~o check the licenses. City Attorney Adams commented= "X don't believe he is implying that. ! believe he is Just implying tha~ unless an ordinance is passed, the Tax Collector's Department is going tensed a man too. This is to avoid a second man, I assume, isn't i~,Mr. Worthing?" City Clerk ~or~hing replied~ "Tha~ is true sir, and let me aup~ent it for.Mr. Saunders and others tha~ do not realize that the Tax CollectOr is not even in that'department. The Tax Collector is in another department, It ~ould have simplified it if such office had been allo~d to remain in the Tax Department, but that is not a great matter. The Tax COlleCtor, who is charged with the respons~bi- lity of issuing those vmrrants, surely isn't going to issue them today, tomorro~or any other day without support from the Council and possib~ establishment of a date when the council approves issuing of warrants for the arrest of all people who have not procured their license and are in business." Mr. Saunders said as he understands it now, there has been no legal authority to clamp down on the ones'Who had no~ obtained their license. Mayor Avery infor~e~ the council that a motion was in order to set the policy that there be a deadline date, afte~ v~ich violators will be prosecuted a~cord~ng 'to !aw, and if such a motion was made, the City Attorney would survey it and prepare the necessary ordinance. Mr. Croft said he did not feel he knew e~. about all of this matter to act on same, and that i~ should ~],~ven further study by all of the Cotmcil. City Attorney Adams informed the Council that from the numerous reques%s for ordinances,the~issue ~ould not he pus~d too fast as it would take a little time to prepare same, and that~aybe some~ng could be proposed and considered further. Mayor Avery .informed the Council that tbeyhad ~ust set a policy in their actions on this license issue, and .the Cit~ Attorney would prepare the ordinances that would be presented to'Council to effect same. Mr. Croft sa~d he would like to defer action on any more of this ite~ until next meeting in order~hat there maybe ~ime to study same. Mayor AVery asked if it was desire~ that the City Attorney commend o~dinances to accomplish what is wanted, and Mr. Croft so moved. The motion was se_=~de~ by Mr. Talbot end carried una~/mously. 9.f. Concerning a committee report ~garding Yacht Basin in Blocks 136 and 144, Mayor Avery sa~d this had ~een referred by Council at their special meeting of March 2nd, to the Planning/~oning Board, and w~h Council,.c~nsent, this ~tem '~ould be dele~ed"f~om the'agenda. 10.x. City Manager Holland referred to the letter from Russell & Axo~ consulting Engineers, dated February 4, 19~4, relative to the o~ engi~eering Supervision contrac~ that, was acted upon by the Council on February 10th, and said it had be'eh the intention of the Council to make the provisions retroactive to February 1st, instead of said pro- visions being effective as of February 10th. He asked that Council action be taken to effect this, it being so moved by Mr. Croft. The motionwas seconded byMr. Talbot and ca=tied unanimously. 10.x. City Manager Holland info,ed the Council that he had been contacted by various people in Delray Beach who"serve food and beverages, and after discussing this with each Of the Councilmen, had asked the City Attorney to prepare an emergency ordinance allowing said people to open their sstablishments earlier and remain open a -20- 3-9-64 little later from now until the 30th of A~pril. City Clerk Worthinq read ORDINANCE NO. O-531. AN EMERGENCY OItDINANCB OF THE CITY COUNCIL OF THE CITY OF. DELRAY BEACH, FLORXDA,. SUPERSEDIN~ ORDINAN.~.,.~ ~'" NO. O-125 CODIFIED AS SEC. 4-4° CODE OF ORDINANCES,~ DELP~Y BEACH, FLORIDA, PERTAININO TO THE HOURS OF SELLINO AND SERVING ALCOHOLIC BE~RAGES IN THE OF DELRAY B~ACH, DUI~NO THAT PERIOD FROM MARCH 9, 1964 TO APRIL $0, 1964. {CO~ '.of Ordinance No. ~-§31 is attached to .~nd made a part ~£ of~al copy of these mi,utes.) (See P&~e Mr. Saunders said tha~ he had advised City Manager .Ho$,l~d h~ wa~ ye~y much opposed to lengthening the hours for sale of beV~,~es. He is still opposed to it and has talked to othe~ ~at th~'i~uch action would just be asking for trouble. During discussion, City Manage,r .Holland said he had toured and made observation over the weekend and found that the patrons left the bars in Delray Beech and went to the neighboring towns, where they re- mained u~til the closing time. Further, that Mayfair'Manor, Erny~s, Caatille, Arcade Tap Room, The Patio and Paradise Bat.had asked that the hours for sale be lengthened as they were_losing much business this time. Mr. George Carmany[ Manager' of the Sea,rest Hotel, said he was in favor Of lengthening the h~urs' 'for l~quor sales; :at least on gun- day.. M~yor Avery informed.the Council that.it had been recommended by City Manager Holland .and by othe~s that this be ~one on a trial basis to study the benefits and to study public repercussions, etc. Mr. Croft said he didn't feel extending the closing hours of these businesses was necessary-~ however, in view of the hours .of oper- ation of such businesses in the surrounding towns, and realizing the cost o~ license fees, taxes, expenses~ _etc.., would be w~ling to go along with..~,,!s on a trial basis, and ~oved that Emergency Ordinance No. G-531 be passed and adopted on. this first and final reading. The motion was seconded by Mr. Barrow and upon call of roll, Mr. Bawrow, Mr. Croft, Mr. Talbot.and Mayor Avery were in favor of ~he motion and Mr. Saunders was Opp~sed~. 10.x. Mr. Talbot, 'reported that the Beach Erosion Con, nitres would meet on Wednesday, March 11th, that City :F~g, ineer Fleming planned to attend and explain what eros'io~W°rk had been done to date, after which the Committee would endeavo~ ~o get new ideas toward a program for beach erosion. 10.x, Mr. George Category, Manager o~ .Zhe seacrest Hotel, informed the Council that Mr. Ar.th~ ,Ogle, President :of the Seacreat H~tel company, had hoped to be at thw ~c~1 meeting tonight, but was unable to at- tend, and had asked h~.: t° protest the s!gns which were placed on the' beach in front of the '~eacrest Hotel reading "Danger SUrfboard Area". Mr. Carmany sa~d they felt it ~s unfair to their guests, many of them being older people, that,,~/~ey mus~ ~ restricted in their use of the beach. Further, that a considerable amount of money ~s spent by these guests to he!p pay the high taxes that ars assessed, and they do not feel ~t is r~ght to' turn ~e beach Over to a group of young people, many of whom come fro~ out 'of town. Mr. T~lbot said he had been, lB .favor of going along with the surfboarders, but. after w~tching them ,operate, feels that it is detri- men%al to the .beach, aisc that;'the recommendations of the City Manager Should no't Bave been overridden sa they were. City Manager Holland 'said if the "Surfboard area" was moVed to other locations,there ~ould'. ~lSo be complaints fro~ those areas. Further, 'he Was no2 in favor of sur~boarding being permitted. -21-, 3-9-64 1~. Talbot' ea~ he would like tO have copies Of~ ordinances from o~er ~a~ ~o~s con~ng ~ard~ng ~ order that they ~y studied. City Atto~ey Adams informed ~e ~cil that when It became legally po~i~e to ~ntrol sa~, an ord~nan~ ~uld ~ prepared and in ~e ~antime,-~e sur~ard areas ~ould'~'~controlled. 10.x. Miss Doro~ea ~lv~n asked ~e Co,oil ~a'~ fel~ef ~ere for i11e~1 parking on private pro~rty ab that had bec~ ~ite a probl~ ~n ~e beech area. City Attor~ Adams sa~ he ha~ d~scussed ~s w~ M~ss ~lvin and also w~ Pol~ ~ef ~oft, an~ the best solution he could suggest ~s that a private property o~r had the same r~t angers to have a person arrested for ~es~ss~ng. At,or- ney Adams sa~d ~f ~e Police ~r~ent had cars taken from private property, ~ey ~uld be placing ~e C~ty l~able. ~yor A~ry info~e~ Miss ~lv~n ~at ~e ~l~ce ~par~nt woul~ advise her of ~e proper proced~e ~r swearing out a warrant for a person who was trespassing. 10.x. ~. Croft referred to ~e ~roposed ordinances and ~anges in the license setup, a~ suggested ~at ~s all be dela~d unt~l ~e Council stu~i~ f~er and deci~e~ defin~tely ~at they ~an~d, and ~en struut ~e City Attorney to prepare ~yor Avery sa~d ~at a co~ittee had been appointed to study ~is it~ and ~ey had made several re~ndations. City Attorney Adams sa~d ~e Ordinan~ tr~sferr~g construction l~cenees to the Building ~r~nt, also clar~fy~ ~e truck ident- ~fication ordinance,could easily be pre~. Fu~er, he ~uld with ~. ~rth~ng on the January 1st deadline on obtain~ng l~nse.s an~ co~ente5 as follows: "= ~on't want to be put ~n ~e ~s~t~on ~at if I come back t~ weeks from now and don*t cover ~e complete field, reshuffle th~s whole thing, ~at I am cr~ticized for it. I w~ll do the best I can w~ what I have." ~ing d~scussion, Building Official Hughson ~nformed t~ Coun- cil that ~e City Attorney had attended ma~y of ~e C~ittee meetings concerning ~is ~t~ and he ha~ a g~d general idea of ~at the nance cha~ges ~uld be pertaining to ~ent~f~=ation of trucks, trans- ferring of a portion of ~e l~censes ~O ~o~er de~rt~nt, and of other recommendations that ha~ been stUd~e~ and recounted. 10.a. City Clerk worthing presented ~e follow~n~ B~lls ~or A~proval: ~eral F~d ~78,996.09 Water F~d - ~erating ~n~ 4,~63.45 Sp~al ~ust Ac~unt - F~rst National ~nk of ~iray Beach 89, ~30.~1 ~ecial ~uet Account - Beach National Bank 18,649.02 ~. Talbot'~estione~ an over~-~ent, of more ~an $11,000.00 on a ~ange Order 2o Powell BrOkers on ~e Sanitary S~e Project, and ~. We~r e~a~ned ~at had to do with ~e ~anqe order concerning the len~ of the ~ean Outfall and how ~t ~uld be taken ~re of. ~e Bills were unan~uS~ly order~ pa~d on motion by ~. Croft and seconded hy ~. Barrow. ~e ~et~ng adjourned at 11:20 P.M. by or,er of Mayor Avery. C~ty Clerk APPROVED: , -22- 3-9-64 ~86-~ affect the remaining portion. Passed in reguIar session on the second and final reading on this the 9th day of March, 1964. ~si A~. c. AW~ ATTEST: M-A Y O R '/si R. D. City Clerk First Reading February 24, 1964 Second'Rea~ing .Mar.ch ORDINANCE NO. G-527. AN ORDINANCE OF THE CITY C0~NCIL OF THE CITY 0~ D~/~A¥...BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN LAND LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST~.. WHICH LAND IS CONTIGU- o~s,,~p~x~s?ii~ ~OW~CTPmJ 'r~IVh~S 0~' S~TD CITY~ osL~xo~s oF aid ~S~ ~S0 P~O~DIS~ FOR ~~.'.:~ is deemed for ~e ~st interest, safe~y, heal~, a~d g~ne~-I ~lfare of the c~ttzens of the C~ty of ~lray Beach, Plorida, ah~ ~e o~ers of ~e hereinafter described real property ~at said land be annexed to ~e City of ~lray Beach, and ~S, said land ts contiguous to ~e present boun- dary off territorial 11mits of the City, and that, when annexed, will constitute a reasonably compact add/t/on to the tncor~rated territory wi~ which it is co~ned, and ~S, all of the o~ers o~ record of said land here- tnaffter described have consented and given perm/ss/on for ~e an- nexation of Said land. and ~S, the City of ~lray Beach has heretoffore been au~orized to a~ex lands ~n accordance wi~ Section 185.1 of the City ~arter of sa~d City grant~ to it by ~e State of Florida: NOW, ~PO~, BE IT O~I~ BY T~ CI~ COUNCIL OF ~E CI~ OF DE~Y SEC~ION 1. ~at the City Cocci1 of the Cit~* of ~l~ay Beach, Palm ~ach County, Florida, hereby annexes to said City the ffollo~ng described tract of land located in Palm Beach ~unty, Florida, which lies contiguous' to said City, to-wit= ' ~e Northerly 1400 fleet of ~e Not.east ~arter lying between the E-4 ~nal and Westerly rlght-ofaway line of the S.A.L. RY less the following: ~e Easterly 300 feet, the Southerly 625 feet and ~e southerly 100 feet feet of ~e ~sterly 259.43 fleet o~ ~e Easterly 559.43 feet, Section 18, To. ship 46 Sou~, Range 43 East, as in OR Book 148. Page* 78. Said tract containing approximately 15 ~ 29 Acres. S~ION 2. ~at the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein above described tract of land, and said 1and ts hereby declared to be within the corporate limits of ~he city of Delray Beach, Florida. SECTION 3. In consideration of Petitioner's consent for a~exatton Of the land heretna~ve described, s~ject to lng conditions it is hereby agreed that: 28f::,-~. Page 2. Ordinance No. G-527. Said land being unimproved shall be taxed on an ,.. acreage basis to owners off'Said land'so long as said land remains unimproved, however, as any portion of said .!and becomes improved, which sba1! include ali"lands being utilized 'in any manner with relation to imgroved areas, such lands Shall be sUbject' to normal' taxation, · ,,. ~nctuding the bonded indebtedness of the City of Delrmy Beach,' Florida, and that the tract of land herein described and petitioned to be annexed shall, upon such annexation, be zoned "C-3" (Wholesale and Light Industrial DiStrict). SECTION 4. That the land 'hereinabove described shall immediately become subject to all of the franchises, pr£vileges, immunities, debts, obligatio~s~.. !&abilitie~s0:~'~d.i~ances and laws to which l~nds in~he'.~it~ ~' ~el=ay..BeaCh ~re ~°W'or may be, except as otherwise '~rov~dea 9n~ set forth in Section 3 above, and persons residing 'thereon-shall be deemed citizens of the City of De;lray'Beach. : SECTION 5 .... That:~'i¢ any word, phr'ase,'c~ause, sentence or part of %his ordinance shall be declared i11egal by a court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. ~ . . Passed in regular session on the second and final reading on this the 9~h day of.' Ma~oh, 196~. I~1 AL'. O. AVERY MAYOR ATTEST: .... City Clerk First Reading February 234, 196~ Second Reading ~arch..), 1964 ORDI~V~NCE NO. G-52S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF .DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITYI REDEPINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF. WHERF~S; IRENE C. MOORE is the fee simple oWner of the property hereinafter described, and WHEREAS, said_ IRENE C. MOORE, by her Petition, .has con- sented and given permission for the annexation of said property by the City of Delray Beach, and %~HEREAS, 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: SE~CTION 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 County, Florida, which lies contiguous to said City, to-wit: That tract of land in Section 28, Township 46 South, Range 43 East, Palm Beach County, Florida, described' as follows.- A tract of land 200 feet in width between parallel lines and extending from the Intracoastal Waterway to the center line of State 'Road No. 140 (now ~IA), the. South line of said tract being a line parallel to and 100 feet northerly .from the quarter section line, running East and West through Section 28, Township 46 South, Range 43 East, in Palm Beach County, Florida, and the North line of said tract being a line parallel to and 300 feet northerly [ from said quarter section line, EXCEPTING the r~ght-of-way of State Road No. 140 (now A1A), 'the aforesaid quarter section line running East and West through said Section 28 is as established by Agreement between Bessemer Properties Incorporated and Bassett W. Mitchell .and Mary Start Mitchell, his wife, dated November 20, 1941, recorded in Deed BOok 642, page 474, Palm Beach County Records= Otherwise described as that part of the South 200 feet of the North 2670 feet of Government Lot 1, Section 28, ToWnship 46 South, Range 43 East, lying West of state Road No. 140. Page 2. Ordinance No. ~.528. S$CTION?2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described 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 de- scribed iS"he~y'declare~ to .be-in Z0,ing District "R-3", as defined,.by'exi~ting ordinances of the City o~ Delray Beach, Florida. ..SEt~TION.:4.: '.That the land~ hereinabove de~cribed shall immediately~ec~m~'subject to all of the franchises,, privileges, immunities, debts (except the existing bonded indebtedness), ob- ligations, liabilities, ordinances and laws to which lands in the:City of Delray Beach are now or'may be, and persons residing thereon ~hall be deemed citizens of' the City of Delray Beach.. SECTXON 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 a~fect the remaining portion. Passed in regular session on the second and ,final read- ing on the 9th day of Ma~h, 196~. MAYOR ATTEST: /~/ R, D. WORT~{ING , City Clerk First Reading Feb~ua~7 2~, 196h Second Reading Ma~oh 9, 196~ 286-J 0RDII~ANCE NO. G-531. AN EMERGEt~0Y ORDINANCE 0F THE CITY COUNCIL OF ~KE CITY OF DELRAY BEAOE, FLORIDA, SUPERSEDING ORDINANCE NO. G-12~ CODIFIED AS SEC. 4-~, CODE'OF ORDINANCES, DELRAY BRACE, FLORIDA, ~ERTAINING TO TEE HOURS OF SELLI"NG AND SERVING ALCOHOLIC BEVERAGE8 IN THE CITY OF DELRAY BEACH, DURING TEAT PERIOD FROM MARCH 9, 196~ TO APRIL 50, 196~. WHEREAS, Section 4-~, of the Code o£ Ordinances of this City ~akes it unlawful for any person to sell, serve, consume or deliver alcoholic beverages over 1% by weight between the hours of 2:00 o'clock A.M~ to 2:.00 P.M. on Sundays; 12:0I o'clock to 7:00 o'clock A.M. o~ Mondays; and 2:00 o'clock A.M. t~ 7:00 o ' cl~ck A.~. om Tuesdays through Saturdays; and UHEREAS, the Cit~ is presently enjoying a remarkable. winter s~aso~ as a result of the variety of attractSen$ which th~s community, offers to winter 'residents and tourists; and' WH~, it has been brought to the. attention, o~ the City Council that the legal hours of sale in Boca Raton and Boy, ton Beach are considerably more ~iberal; and WHE~S, several bar ~cwne=~ i~ Delray Beach have informed the City CSuncil that their businesses are at a competitive dis- advantage to similar establishments incur neighboring cities, and the local bar owners have requested that the legal hottrs of Sale be extended in this City du~ing the period from November 1 April 50 each year: and WHEREAS, the City Council wishes to extend the existing legal hours on a trial er expe~imental basis for thio winter season only: NOW, THEREFORE,~ BE IT ORDAINED BY THE CITY COUNCI~ OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLO~S.; Section 1. Smbsection (a) of Section ~-~ Code of Ordinances of the City of Delray Beach, Florida, is hereby superseded from this date to and through April ~0, 196~. Section 2. From t~his date ~o and through April 50, 196~, it shall be u~lawft~l for any person to sell or ~erve, or permit to be sold or served any alcoholic beverage containing ove~ one percent of alcohol by weight, in the City durin~ the following hours: (a) 4:00 o'clock A.M. to 12:01 o'cloc~c P.M. on Sundays, and ~:00 o'clock A.M. to 7:00 o'$1ock A.M. on Mondays through Saturdays. Th~s O~d~nance shai1 ap~ly only during the Period herein mentione~ ~d shall no longer have any force or effect after April ~O, 1964. PA,.ED and ADOPTED this ~th .~ay of March, 196~, to be effective immediately. CITY OF DELRA¥ BEACH ATTEST Mayor March 6, 1964 City Council Delray Beach, Florida Re: Premium for increasing limits of Russell & Axon professional liability insurance during period from Nay 29, 1963 to September 25, 1963. Gentlemen: This letter is the result of a request from the City Manager that I render an opinion relative to $1,13~.20 which was paid to Russell & Axon on July 5, 1963, to increase that company's professional liability coverage from W150,O00 to ~500,000. The period £or which the premium was charged was from May 29, 1963 to September 25, 1963. By way of background, when the City contracted with Russell &Axon for resident inspection, a provision was written into the agreement which reads as follows: "2. That it is also agreed that the ENGINEERS shall carry insurance to cover errors and omissions in the amount of $500,000 per annum with a ~5,000.00 deductible clause° It is recited as a matter of information that the ENGINE,ERS presently are insured in this respect with Continental Casualty Company in the amount of $150,000. The O~NER agrees to pay the ENGINEERS the amount of premium increase necessary to increase said insurance from ~150,000 to $500,OO0 with Continental Casualty Company. It is recited as a matter of information that the increase on a yearly basis is anticipated to amount to slightly less than $3,500.00. The ~GINEERS agree to notify the OWNER at least thirty (50) days prior to any premium increase where said amount will exceed $3,500.00, at which time OWNER shall, have the option to instruct the ENGINEERS to reduce its insurance coverage in this respect to a lower policy limit. A certificate of such insurance shall be filed with the OWNER. Such insurance shall contain an endorsement providing that cancellation thereof may be effected only upon thirty (30) days' written notice to the OilER, and such insurance shall contain a discoy~ry period of not %ess than five ($)"year$. The--~J~GINEERS shall maintain such insurance in full force and effect at all times until the date of completion of Project #5964-8 (a) and acceptance by the OWNER. It is the intent of the parties hereto that the aforesaid insurance shall apply to all services of the ENGINEERS, including design, consulting services and resident inspection." This agreement, entitled "Supplemental Agreement No. was dated ~ay 28, 196~, and the City did :~o~ receive ~he n,~morandum of insurance contemplated in the contract until August 12, 1965. Upon receipt of the policy I examined it with Mr. Harvey L. Brown of the Beery & Brown Agency, insurance supervisors for the City, and we both concluded that the policy fell short of the contractual requirements. A report was then made to the Council, and it was decided that the City would take out its own insurance, consequently Russell & Axon then reduced its coverage to the company's normal ~150,O00 professional liability insurance limits. The premium of $1,15g.20 was paid to Russell & Axon upon a routine reGuisition prior to the date the policy was delivered to the City, and on December 2, 1965, Mr. Holland wrote the company requesting a refund of this amount on the basis the City did not receive the proper coverage. Mr. F. E. Wenger, the President of 286-L City Council Page 2 March 6, 1964 Russell & Axo~ then replied that he felt the City's position was not justifiable since the five year discovery period called for in the contract was an impossible requirement and one which could not have been fulfilled. In my opinion, Russell & Axon's next requisition should be reduced by that amount for the following reason. We negotiated with the company through most of April and almost all of May, 1963 prior to reducing Supplement No. 2 to written form, and the provision concerning the increased insurance limits was given careful deliberation by both parties to the contract. The City agreed to pay the additional premium encountered which would have been approximately $3,500.00 per year. I believe it can be safely stated that the primary reason the Council approved such a sizable expenditure was its desire to secure the protection afforded by a five year discovery period. As mentioned previously, the policy was not received ~util August 12, 1963, (almost 2~ months after the agreement) and it was written on an annual basis with a requirement that "claims for damage must occur during the policy period and also must be made during the policy period." Perhaps, as Mr. Wenger has stated, a five year discovery period as contracted for was impossible to obtain; however, in my opinion, this was a material part of the contract, and Russell & Axon should have investigated the feasibility of such a clause prior to the execution of the agreement. I honestly do not believe that the company realized this shortcoming in its policy until Mr. Brown and myself called it to the company's attention, and in all probability Russell & Axon should have little trouble in obtaining a refund of the $1,134.20 it paid its insurance carrier. Respectfully submitted, ~ John oss Adams f/ City Attorney JRA: laj