11-23-64 591
NOV~4BER 23, 1964.
A regular meeting of the City Council of Delray Beach was held
in the Council Chambers at 8:00 P.M., with Vice-Mayor J. LeRoy Croft
in the Chair, City Attorney John Ross Adams, City Manager Robert J.
Holland, and Councilmen Emory J. Barrow, Jack L. Saunders and George
Talbot, Jr., being present.
Vice-Mayor Croft announced that Mayor Avery had been called out
of town because of sickness.
1. An opening prayer was delivered by the Rev. N. A. Jenkins.
1.a. The Pledge of Allegiance to the Flag of. the United states of
America was given.
2. The minutes of the regular meeting of November 9th, 1964, were
unanimously approved on motion by Mr. Barrow and seconded by Mr.
Saunders.
3. Mr. Arthur C. Nelson, 819 S. E. 2nd Avenue, thanked City Manager
Holland for having the bees removed from his area. Mr. Nelson had
appeared at the Council meeting of November 9th with a petition and
personal complaints of the nuisance and destruction caused by bees
kept in that vicinity.
3. Mr. Chester Wright, 216 N. W. 4th Avenue, informed the Council of
whstl he C0nsider~da d~Pl6rable"conditio
3rd~Str~et~'~ statin~he=e'was a ia~ge Pii~ o~Con=Fe%e'blockS]"weeds
and rUbbiSh which' harbored 'snaKes', ~ ~unks' ~n~ other
Wright' informed'the:'Cou'ncil that the elimination of this condition
wouldbe very muchappreciated
Vice-MAgor 6~o~t asked'City Ma~age~"Hol~&nd 't~'investigate: this
complaint.. ': .._
3. Mr. Harry Voss, 820 S. Ei 2nd Ave&ue,~ihf0rm~d the c0un~il that
his sewer connection hadbeen p.lace.d.at the north side. of.~his property
andit, would be of very much less expense to him if it had beeh placed
at the south side of his property, and asked if it would be possible
to cut into the sewer main at the south side of his property, thus
relieving him of the extra cost Of placknghiS'sewer lineacro~'his
property. Mr. voss said he had been out of the City on vacation at
the time of the sewer line installation in that area and had not known
at that time anything about where, the connection to_his property was
placed-.
Following discussion, this item of the sewer Connection was re~
ferrea ~o Mr. D. R. Ne~f~' Project~Manager for Russell'&-Axbn. '
.~. 3. Mr. George W. Stewart, 823 N. E. 1st Court, informed the Council
there was an undesirable..dra~na.ge condition in their ar~a as a result
of sanitary sewer installation and impr0P~rrePiac~ment
Surfacing. of!t~e'i's~re~t~'I~ ' ' ~ ' "".. ~ ' ~' ~ ' ''
~t~y. Mana~er'H~lta~d..i~formed the .CounCil 'thiS"~tem h'ad been re-
ferred .to. Mr. Neff, and that he would remind him of same.
3. Mrs. Agnes. G~ve adares~ed:i~he c6uncii and commenCed'as'foilers:
"The Zonta ~lubo'f the beiray Beach area is ~nthe.proce~s of making
plans "spOnsor' . omm it: tree ro ra ' the do -
town area of our City. ~e have the approval of the Chamber o~ Com-
merce, and the ~irstAmtional Bank'gf.Delray-Beagh has given us per-
~ission 'to piace the tree in theirpaFking !~ a~ ~he corner of. East
Atlantic AvenUe'~an~'s~' E. ~3rd Avenue, The ~xchangei'Club of Delra¥
~each has. agr6edi~o.heSp US'~la'ce and'decorate.the tree. Mrs,
11-23-64'
Gertrude K. Stroh, choral director of Seacrest High School, and
members of her chorus will present a program of Christmas music. We
would like to have Mayor Al. C. Avery participate by throwing the
switch to officially light the tree during the ceremony. We hope to
make this an annual community project tohelp promote the true spirit
.of Chr~s~mas, and submit.the above program for your approval, and
earnestly requestyour support."
Mr. Saunders moved to approve said Christmas program, the motion
being seconded by Mr. Barrow and unanimously carried.
Vice-Mayor Croft said he felt that Mayor Avery would be happy to
participate in said program, as requested by the Zonta Club.
4.a. A roll call .showed the following Civic Organizations and re-
presentatives to be in attendance=
League of Women Voters Mrs. PhyllisPlume
Civitan Club Mr. Wm. N. Johnson
Seagrape Garden Club Mrs..Margaret Bowen
Zonta Club _. Mrs. Agnes G°ve
5. City Clerk worthing read a letter from the Palm Beach Habilitation
Center, signed by Business Manager Robert R. Benedict, dated November
4, 1964, concerning the work they were doing with the handicapped,
and asking that the City of Delray Beach give consideration to the
employment, where practical, of handicapped persons.
5. City Clerk Worthing read the following letter from the Delray
Beach Community Blood Bank, dated November 23rd, 1964:
"Tomorrow, November 24, The Community Blood Bank of Delray
Beach will have a Special Drive to secure blood for the
late Bill Webb. Young Mr. Webb used a total of 77 pints
during his recent illness, and are hoping to replenish the
supply, and also to credit his account. The drive will be '.
at the Delray Beach Recreation Center from 9 until 1 p.m.
We hope the people of this area, Delray, Boynton, and Boca
will assist by donating to this .fund.
Thank you."
Vice-Mayor Croft stated this was a very worthy cause and that all
should help any way they could.
5. City Clerk Worthing read the following letter from the Polo Un-
limited Magazine, signed by Eva Tucker, Advertising Salesman, dated
November 10, 1964:
"For your information we are enclosing copy of PreSs Release
announcing the merger of Gulfstream.Polo Club and'Royal Palm
Polo Club, of Boca Raton, Florida.
Inasmuch as the City of Boynton, the City of Gulfstream and
the City of Boca Raton have each taken space in POLO UNLIMITED,
we are most anxious to have the City of Delray represented also.
I will appreciate your bringing up the matter of advertising
in POLO UNLIMITED at your next Council Meeting, November 23rd.
If you would be kind enough to inform me of your decision,
(which we sincerely hope will be favorable), I will be happy
to assist you in any way possible in preparing your copy.
Please call Boca Raton - 395-3611.
Thank you for your consideration."
-2- 11-23-64
Mr. Saunders moved that this organization be informed there are
no budgeted funds for the pUrpose this year,'but the Council would be
glad to consider it in-the preparation of next year's budget, the
motion being seconded by Mr. Talbot and unanimously carried.
5. City Clerk Worthing read the following letter from the Delray
Beach Power Squadron, dated November 10th:
"In behalf of the Delray Beach Power Squadron I want to
thank you, your Commissioners and the City Manager for the
room assigned to us in the Old City Hall. This is something
we have needed for years and will help us to advance our
boating educational program. We are now moved into these
quarters and on Wednesday 11 November we will hold our first
class there.
Again I want to express our appreciation for your efforts and
I hope that several of the City employees will take our Piloting
Course when it is given in January. We look forward to in-
creasing our membership in the Delray area and so expand our
instructions in boating."
5. City Clerk Worthing read a letter from the Zonta Club of Delray
Beach, signed by Etha C. Merritt, dated November 23rd, thanking the
Council for the use of the Community Center on Sunday, November 15th,
for the zonta Club.:T~a,.'and e~plain£ng ~m~'of the work of'the zohta
Club with high school g£rlS.
5. The City Clerk read the following letter ~r0m:MrS.'James Bowen,
Chairman of the Beautification Committee, dated November 20th:
"The Seedling Garden Club of Delray Beach wishes to donate to
the City, a planting of Pa-lm trees, and. equipment for lighting
them, to be located at the end of Atlantic'Avenue, on A1A. 'If
this could be apprOved by the council at their meeting on
November 23, the project Could be Completed for Christmas.
Members of the Beautification Co~ittee have'met with'Mrs.
Roy King of the Seedling Oarden'Club, Mk. Lloyd Mangus of
Boone's Nursery, Mr. Gearhart of Florida Power & Light Co.,
and Mr. Wade Cartee of the City's Park Department. The
following report is offered for your consideration:
I. The effectiveness of this planting would be' greatly.
d~iminished unless the state road sign facing Atlantic Avenue
is' removed, to another location, we hope this could be
accomplishe~.
2. The garden club asks that the city remove and use elSe-
where, as they see fit~ 'three Of the four existing Palms'. THe
entire cost of moving the;remaining tree, and the planting of
four new trees,, as well as the installation of necessary wiring
and fixtures for lighting~ ~ill be borne by the garden club.
3. The pl0t of grassed land which now exists and the present
sprinkler system, are adequate for this planting.
4. The cost of electricity would be pa-id by'the City, at an
eSlt~mate of $8.00-$1'0.00 per month.
5' Adequate access to--the beach, for a bulldozer or'Other
equipment, will be provided between the pavillon and the planting.
"The Beautification Committee therefore recommends as out-
lined .... We feel that this would be a very worthwhile and
effective way of beautifying on~ of the main intersections of
Delray Beach... one that is seen by every tourist and visitor
to the city."
Vice-Mayor Croft asked the City Manager if this request could be
accomplished with very little work or expense on the 9art of the City
and City Manager Holland informed the Council the City could use the
trees they desired to have removed,.and there possibly would be a
total cost of $40.00 to $50°00 to complete the project; further, the
sign could not be removed f=om the beach, but it could be placed in
a different location.
The request of the .Beautification Committee was unanimously ap-
proved on motion by Mr. Talbot and seconded by Mr. Barrow.
5.a. Mr. Saunders asked the status of the plantlngs, etc. at the
Woman's Club.
City Manager Holland replied that as a result of a meeting to-
day with the Woman's Club, there was tentative agreement to revise
the existing lease to reflect certain obligations of the City, as
well as the Woman's Club, which Club agreed to contact the City
Attorney in order that a proposed revised lease could be prepared.
5.a. Mr..TalbOt referred to the n~isance condition of Lot X, Block
14, Seagate, and asked what could be done to get said nuisance abated.
City Attorney Adams informed the Council if said nuisance had not
been abated by December 1st, it would then be turned over to the City
Prosecutor for action.
Following lengthy discussion, Mr. Talbot mowed that CityManager
Holland be instructed, as of December first, to proceed with the
abatement of the nuisance on Lot X in any and every manner possible,
if said nuisance still exists, the motion being seconded by Mr.
Saunders and unanimously carried.
5.a. Mr. Talbot mentionedAgenda Item 8.a. concerning the acceptance
of the ocean outfall sewer system, and asked if the survey had been
completed on all the house fixtures for billing purposes.
Mr. Tom Weber, Finance Director, informed the Council that they
did have a survey on all of the houses-to be connected to the sanitary
sewer, but not on all of the fixtures at this time, but they would
have a complete survey soon, as the first bills would go out about the
second week in December.
Mr. Talbot commented further as follows: "In connection with that,
I believe that the public should be made aware of the fact that the
sewer is now operational, and I would like to suggest, with the approv-
al of this Council, that the City Manager be instructed to make such
information available to the public by two means. One, by space no~
tices'in the'newspapers, the other .by a. letter'to all of 't~e .water
customers or sewer connections. I think that Zetter should set forth
that the sewer is now operational, that the service charges on the
sewer wilI start as of December first and that it is mandatory to be
hooked up to the sewer within 60 days after December first. With your
permission, I would like to suggest that the two means be used in mak-
ing the public aware of the facts."
5.a. Mr. Talbot mentioned the preliminary study of the beach erosion
program, and said this program had moved slowly, but he hoped to give
the Council a progress report on same at the next Council meeting.
Further, that it is difficult to do much in that respect at this time
of the year, but there would be much progress made after the middle of
March.
Mr. Talbot read aS follows from the ~lorida Trend Magazine of
November, 1964= "Col. H. R. Parfitt, Chief of the Jacksonville
District of the Corps of Engineers, said the 1962 Rivers & Harbors
Act provides local communities with Federal money to finance beach
-4- 11-23-64
~Z[
595
protection projects, but local communities must foot part of the bill,
and Parfitt said willingness and ability to 'pay the local cost share
is the greatest stumbling block to bringing such funds to Florida."
Mr. Talbot said that if Delray Beach could receive any help on
this 1962 Rivers & Harbors Act, he is personally in favor of seeing
what can be accomplished.
Fol'lowing further comments, Mr. Talbot moved as follows: "I would
move that the City Manager be instructed to write to Col. H. R. Parfitt,
Chief of the Jacksonville District of the Corps of Engineers, getting
such information as is possible regarding the 1962 Rivers & Harbors
Act, with regard to the government participation and the City partici-
pation in such a beach erosion program." The motion was seconded by
Mr. Barrow and carried unanimously.
6.a. city Clerk Worthing read the following letter from Russell &
Axon, dated October 21, 1964:
"Subject: Barbarossa Contract. ~Change Orders No. 10, 11 & 12.
1. There are attached for formal approval Change Orders No. 10,
11 and 12 to Barbarossa & Sons, Inc. Contract with the City of
Delray Beach for the construction of a sewerage works.project.
2. Change order No. 10 provides for partial reimbursement
for unforseen costs in connection with the Federal Highway
crossing, at S. E. 4th Street. Here Barbarossa. made a 'force
account' claim ~or $8,372, 'T~is~ was fina'lly negotiated t~ '& .
lump sum 'settlement of $2500. ·
Your consd~ting'eng~nee~S'be~leve this set~ieme~'t0 he'fair:
and eqUitable,' and recommend approvalS' (It"sh'0uid be n~ted
that this is Barbarossa's only claim on this entire contract~)
31 Change order No. ll.prgvides payment' for a neg0tkated
settlemen~ of $25002 for an original 'force account'order, '
to remove those portions' of the old reinforced con~rete
sewerage tanks which conflicted with the primary influent
pipes at the Master Lift Station. When the force account
reco~ds mo~nted' abo~e, '$30'00 Wfth considerable' '~ork ~aining
to be done, I negotiated a lump sum price to protect the best
interests of the City. This settlement is considered to be
fair and 'equitable and approval' is recommended.
4. Change order No. 12 provides for. payment for the cast iron
tops for 22 concrete manholes, at :~50~00 eachj for a'total'0f'
$110O. This payment was approved by'the City Counc~ during
thglCpurse. Ofthe'mee'tin~ on Pcb'.~ i0th~'~96'4'~ ~i%h %he 'uhaer£
stahdin~ that-the"'d~st0f%~e manholes Pr0~e~'w~i~'be'de'leted
from the payment estimate. The actions then ordered by the
City CoUncil have been completed.
5'. It is considered~that a final Wind~'Up'of this contract,
.(covering all sewers wes'~ ~ ..... ': ...... ~:"' ..... '
. of the ~aterwayj and ali force mains
..in the' City) as -c.o=ered by these .change. grders.,...represents a
~e'rx 'fav6rable'outcom9 (fFOm ~hg. viewpg'int 0f~ the citY), of: a
-Com icate .P=o lemi' '' '. ' ..' 'i '"
Mr..' Talbot moved.that the recommendation of Mr. Neff, Project
Manager, 5e':~ccgpted. d0nce~ni~g C~ange 6rders. N0.s~ '%6~ 1!.and 12, on
the. Barbaros'sa WOntract.. The. motiOn Was se¢6ndedlbYMr,i Saunders and
carried
' .¢0~trac~. ~re- attac~ed 'to. the-' off£c~al, c°Py 'of"these' miff~U~es. )
~eff, project Manager 0f"~us~'~ll'& AXon, dated N°vember 17, 1964= -5- .- 11-23-64
596
"Subject=. Pepper Contract Change orders No. 6 and 7.
1. Herewith change orders No. 6 and 7 to the Harry Pepper
Contract for the construction of sewerage lift stations in
the City of Delray Beach, Fla.
2. Change order No. 6 carries 11 small miscellaneous extra
work items which could not be forseen at the time the contract
was awarded. As this is a 'lump sum' Contract, any minor de-
partures from the plans and specifications must be so recorded.
The total of the 11 items covered is $2565.
3. Change orderNo. 7 provides for partial reimbursement of
~nusual and unexpected costs incurred by the contractor during
the construction of Lift Station No. 18. Par. ~.C. 6-h of the
specifications provides for this action, when and as approved
by the City. Council. Negotiations have been carried on over a
period of months, and the sum of $21,500 is recommended by your
consulting engineers as a fair and equitable adjudication of
this claim. 'Approval is recommended.
4. With the settlement of these change;orders, this rather
complicated contract, can be completed ahead of schedule, and
in the best interest of the City."
City Attorney Adamssuggested that Agenda Item 6.c. be considered
with Item 6~b...
6.c. The City Clerk then read the following letter from Mr. D. R.
Neff, Project Manager of Russell & Axon, dated November 17th:
"Subject: Final settlement and acceptance Harry Pepper Contract.
1. Your consulting engineers recommend final acceptance of, and
final payment for the Harry Pepper Contract with the City of
Delray Beach, Pla. dated June 4, 1963.
2. Change order No. 8 is attached for. formal approval. This
document provides for a final reconciliation of the differences
between the 'as-built' quantities and the bid quantities. It
also provides for final acceptance of the work by the City.
3. All necessary 'final contract documents have been prepared
in close cooperation with the City Attorney. Required perform-
ance and maintenance bonds are in hand and in order.
4. All work performed under this contract has been carefully
inspected, and found to be substantially in accordance with
the plans and specifications. All Lift Stations are now in
use and pumping sewerage to the outfall.
5. Harry Pepper has agreed to promptly handle any legitimate
and reasonable complaints which may arise during the ensuing year.
6. I would like to state that since taking over responsibility
for the sewer program, Harry Pepper has cooperated with the under-
signed and the City, to the fullest possible extent."
City Attorney Adams commented as follows: "This is different in
that this is a final reconciliation in authorizing final payment, more
or less, to the Harry Pepper Company. The reason I thought you should
make a Motion to authorize the execution of Change Orders Nos. 6, 7
and 8, subject to the receipt of final releases and other closing
papers, approved as to form by the City Attorney, was that in that way,
'me will see that we get the final reconciliation paDers before the
Mayor is authorized to sign them." It was so moved by Mr. Saunders,
seconded by Mr. Barrow and unanimously carried.
-6-
59,~ ..
(Copy of Change Orders Nos. 6, 7 and 8, of the Harry Pepper
Contract are attached to the official copy of these minutes.)
(See Pages 606-G thru 606-0)
6.d. The City Clerk read the following letter from Mr. D. R. Neff,
Project Manager for Russell & Axon, dated November 17th, 1964=
"Subject: cleary Brothers Contract - reduction in retainage.
1. It is recommended that authority be granted to reduce the
retainage under Cleary Brothers Contract for the construction
of Sewerage Works in Section III City of Delray Beach, from
10% to :5%.
2. Cleary has now completed 99% of his contract work. All
sewers have been inspected, and found to meet specification
requirements.
3. Par. G.C. ?-a of the specifications governing this contract,
provide for a reduction in retainage percentage to 5%, upon
satisfactory completion of 50% of the contract.
4. In view of the above facts, favorable action is recommended."
The request concerning Cleary Brothers' contract was unanimously
approved on motion by Mr. Barrow and seconded by Mr. Talbot.
6.e. 'Concerning 4' pr0p~Sed'Ch=iStmas b6nUs ~or City empl0yees, the
followingrecommendation was presented:
"The £olioWingrecommendation is made relative to issuanceof
a Christmas bonus t° regular City employees:
Salaried Employees: . 9.2% of m0nthly s.alar¥. This is equiva-
· ' lent ~to~tWo days' pay for all salaried
. employees working 5 daYs per week:
Hourly Empl0Yees: .Two (2)days! PaY. :,- ,
The above is subject to regular'employees with the City 'less
than 90 days from December 31, 1964, to receive prorated bonus
with minimum amount fixed at $15.00.
Part-time .and Temporary .Employees: $15.00
Subject"to council approval of this Christmas bonus an ap-
propriation would be made from the Contingency Fund with
actual final amount to be determ'ined by payrolls as of
December 15, 1964."
City Manager Holland reported this was the usual procedure, only
slightly higher than last year.
The Christmas bonus, as recommended, was unanimously approved on
motion by Mr.' TalbOt and'seConded bY Mr. Saunaers.'
City Manager Holland reported.that an appropriation from the Con-
tingency. Fund in the amount of $6,92:5.00 to Account No. gl0 503 490
was needed to cover Said Christmas bonus, and it was so moved by Mr.
Saunders. The motion was seconded by Mr. Barrow and unanimously
carried.
6.f. City Clerk Worthing informed the Council that in compliance with
Chapter .15 of the City's code of 'Ordinances, the City Manager submits
a survey of various propert~e'S'Within the City which are in violation
of Ordinance No. G-l~7, and that Council should direct the City Clerk
to comply with Chapter. 15 of the Code, as applicable to. this report,
in order to provid~.for abatement of such nuisances. (Copy of the
nuisance violation, list :is attached, to the Official copy of these
minutes.) (See Pages':'6'~6hS'~ 606-T)
Mr. Talbot moved that the listed properties in violation of
Ordinance No. G-147 be processed in the Usual' manner, the motion
being, seconded byMr. Barrow and unanimously, carried.
-7- 11-23-'64
6.g. City Clerk Worthing informed the Council that an application
for water service had been received from Mr~ &Mrs. Bruce Wenzel,
owners of Lot 31, Lake Shore Estates, located at 2005 N. W. 3rd Avenue.
Further, a sufficient supply of water had been determined by the Super-
intendent of the Water Department to exist in the general area and no
additional extension of distribution line. is necessary, and it is re-
commended that this application be approved.
Vice-Mayor Croft asked if this was in full compliance with the
established policy of the Council, and CityClerk Worthing informed
him that. it was in compliance with the established policy, and later
tonight there would be an ordinance providing for annexation of this
property to the City of Delray Beach.
The application for water service to Lot 31, Lake Shore Estates,
was unanimously approved on motion by Mr. Barrow and seconded byMr.
Talbot.
7.a. City Clerk Worghing presented the following request forassist-
ance in providing for possible development of an abnormal tract of
land by Mr. Jean Cloutier, dated November 18th, and informed the
Council it is recommended that this request be referred to the Plan-
ning/Zoning Board for its reviewof same and recommendation thereon:
"I am the owner of a _parcel of land identified as Tract "A"
of 'Amended Plat of SUNNY HEIGHTS' as recorded in Plat BOok
27, Page 221. This parcel is located on S. W. 4th Avenue
about 112 feet North of S. W. 8th Street and has a frontage
of 112.46 feet and a depth of 306 feet.
I would like to develop this parcel but I am prevented from
so doing due to a lack of road right-of-way. The only access
Go the property is at the 'West where it borders S. w. 4th
Avenue. Under the building code I could obtain only two per-
mits since property must have street frontage in order for a
permit to be issued. This would mean two lots with a frontage
of about 56 feet and a depth of 306 feet. This does not seem
practical and would not be making the maximum use of the land.
I would like to know if you would permit the parcel to be
divided into five lots with a ~r~vate-road provided by Ease-
ment dedication to give access to the interior lots. This has
been done in other instances in the past and'I feel that it
could be done in this case.
The manner in which land has been subdivided in this general
area has created this problem over which I have no control.
In order that I.may put my land to .its highest and best use,
which is the basis for your taxation, I believe you can justin
fy this request.
Should this prove unsatisfactory to you I would appreciate it
if you would allow the appropriate City official or officials
to go over this situation with me in order to come up with some
solution that would be acceptable to both the City and myself.
Thank you for your consideration."
Said request was unanimously referred to the Planning/Zoning
Board, as recommended, on motion by Mr. Barrow and seconded by Mr.
Talbot.
7.b. The City Clerk informed the Council that a local resident
questions the regulations contained in Ordinance No. G-505 as being
applicable to a camper-trailer desired to be parked onhomesteaded
property, which lies within the City limits.
Mr. Cliff Van Treese, 113 North Swinton Circle, informed the
Council that he has a travel trailer that he believes is now covered
-8- 11-23-64
59g'
by an existing ordinance, as are numerous other travel trailers,
camper trailers and truck campers within the City. Mr. van Treese
said he believed the intent and purpose of said ordinance was not to
rule out the posession and use of camping equipment, as such~ that
it was intentionally passed concerning mobile homes. Mr. Van Treese
commented further, as follows= "I think that the campers and travel
trailers serve a very useful purpose in the fact that it is good Clean
wholesome family recreation. I believe our divorce courts and juve-
nile courts are ample proof that we need more of this today. So. I
don~t think it is the intent and purpose of the law to cause undue
hardship in Dgesession and use of a very fine clean form of recreation-
al equipment~ therefore, I ask that the Council clarify this and take
this matter under advisement and see if we can't straighten it up so
that the several hundred that are in the City can be used without'
breaking the laws, as it is not the intent and purpose of any of us to
infringe upon the law. we just want to enjoy Florida to its fullest."
Vice-Mayor Croft asked the City Attorney to enlighten the Council
on said trailer ordinance.
City Attorney Adams said in his opinion it doesn't call for clari-
fication of the Ordinance, and commented further= "I believe it clear-
ly prohibits campers at the present time and if the Council feels that
~onsideration should be given to allow for parking of campers, par-
ticularly in residential areas or other places, I think they should
refer it to the Planning Board and ask for their reconsideration of
the ~issue. I thi'nk i't ~aS'I ~ef~'ni~[y dra~wn with the idea o~ elimi-
nating all,,typesof. trail6rs and. camperS~' withlthe exception~of mobile
offices, which are per~.i.tted by Council."
Mr.i van~Treese said'these,trailers are not de~igne~ as~ a mobile
home or residence, but designed specifically for a certain function
and that is for overnight camping or vacation Use only, and as the
ordinance reads, eve~ ab0at with sleepiDg or cooking, fa¢'~li~ies that
is located on. a trailer in the city' is directly covered under said
ordinance.
Mr..,Ba.rr0w moved tha~his i~em be referred .... to the Planning/zoning
Board for 'thei~is.tudy and reuommendatio~ to the.Cguncil, the motion
being seconded by Mr. Talbot.
City Attorney Adams ~aid he didn't believe the existing ordinance
applied to boat'tra~le~s. .
Mr. William N.' Johns0~, 2208 E~st Pineridge Court, called CounCil
attention to Ignition 66,. whichis a pr?Jeer of the National Govern-
ment, for the improvement, construction 'and buiiding of'new national
parks in the United'States, for which the government is.spending in
excess Of fifty Or, sixty million dollars..Mr. Johnson referred to
legislation ~f a'~o~ple .of years ago increasing t~e recreatiRnal
facilities' in ~ ~ate 0~ Fi0r~da i~ ~ta~e parks'fOr. t~ Us~ o~ such
c~mp~ng ~quipm~t~~ Furthers' there'' Were-'s0~e~ha~ ove~ three million
visitors to YellOwstone N~iiO~al Park last year us!n'~ Suc~
eq~ipmeni~' and'that he th~nks it would be a. wonderfUl thing-if the
City of Delray. ~each would be 0ut in'front in setting'an exampl~ so
that thi~.:sort .9~ th£~g ~a~e"'carried on j:
notified 'of..~he'~planning Board meeting'at which this item is to be
considered, in o~de~'t~a~thiy'm~y:app~a~ b~fo~'-.fihe Planning,'Board
concerning ~ame. , .
Mr. Barrow and Mr. Tal~6't accepted that t~ thei~ m~tion and Second
concerning this item:being referred to the Planninq Board, and upon
ca!l'of, ro~L .~h~ti°n ca=~ed UnanimouslY. -
~.&.. City C~r~ W~rth-i~. ~n~o~ed the .Co~c~.l ~at. ~S. ~oUis.? B~rt,
a 10ca.1' res'~'~t] 're~c~!,~estS permission tO display drawings by artist
students of a locaI. Cultural Art League within the parking area in
front of the .shopping. center .in Reid.'s. Village, owned by Ya.rgates.,Inc.,
-9- 11-23-64
such drawings and sketches to be displayed against the north-south
wall at the east side of said parking area, Further, such display
is desired to be held on Saturday, December 12, I964~' weather being
favorable, and the waiving of any'license fee is requested.
It was pointed out that permission must be obtained from Mr.
Yargates before this display could be conducted, and if there was
any selling of pictures or sketches, they would be in competition to
licensed merchants.
Mr. Barrow moved that the request be granted for one day for dis-
play purposes only, subject to the approval of Mr. Yargates, and if
there are any sales, that permission for the display be cancelled
until a license has been obtained. The motion was seconded by Mr.
Talbot and carried unanimously.
?.d. City Clerk Worthing reported to Council as follows=
"Rev. James Maharaj of West Palm Beach requests permission tO
hold a gospel meeting for a ten day period in December on prop
erty of Miss Beverlyann G. Bassie, being a vacant lot at the
northeast corner of West Atlantic and 11th Avenues. Such meet-
ing requires erection of a tent, approximately 60'N100' for the
purpose of conducting religious services alleged to be sponsor-
ed by the Church of ~od.
Council may grant or deny such request. If it.be the pleasure
of the council to grant this petition, such action should be
s~bject to the tent being approved by Fire Chief John R. Gregory,
as being properly treated for fire-proofing, and possibly a de-
posit of $25.00, to be refunded if grounds are left clear of all
debris upon conclusion of the meeting."
Mr. Barrow moved that this item be referred to the Ministerial
Alliance Association, and their recommendations be submitted to the
Council, the motion being seconded by Mr. Talbot.
Building Official Hughson said he felt there should be some con-
trol of the type of electric wiring that is used in such a tent.
Upon call of roll0 the motion carried unanimously.
7.e. City Clerk Worthing informed the Council that the following
organizations have submitted applications for permit to seek charita-
ble solicitations, net proceeds from which are used who11¥ for chari-
table and welfare purposes, considered most worthy projects, and that
Council may grant or deny such requests.
1. Civitan Club of Delray Beach (Annual Christmas Claxton
fruit cake sale)
2. Community Chest (Annual solicitation of funds for 22
health, welfare and recreational agencies serving our
community)
Mr. Barrow moved that said requests be granted, the motion being
seconded by Mr. Saunders.
Vice-Mayor Croft asked if the dates of these different charitable
solicitations are being checked, as he had been asked if same was
being done in order that there would be no conflicting dates.
The City Clerk informed the Council that the Community Chest mail
Solicitation would be in December and January, and the door to door
~olicitation would be from February llth thru the 25th, 1965, and
'that such dates would be checked in order that there would be no con~
flict.
Upon call of roll that said requests be granted, the motion
carried unanimously.
8.a. City Cler~ Worthing presented RESOLUTION NO. 1494.
-10- 11-23-64
601
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ACCEPTING
SANITARY SEWER PROJECT NO. 5964-8 (a) AS
OPERATIONAL AND SETTING THE EFFECTIVE DATE
FOR THE INITIAL SCHEDULE OF RATES, FEES AND
OTHER C~ARGES TO BE IMPOSED FOR THE SERVICES
AND FACILITIES FURNISHED BY THE SEWER SYSTEM.
(Copy of Resolution No. 1494 is attached to the official copy
of these minutes.) (See Page 606-P)
City Clerk Worthing read the following letter from Mr. D. R. Neff,
Project Manager of Russell & Axon, dated November 17th:
"In accordance with the requirements of ORDINANCE NO. G-553
of the City Council of Delray Beach, Fla., your consulting
engineers hereby formally certify that the entire Ocean
Outfall Sewer Project, otherwise known as Project No. 5964-8a,
is now ready for use."
Mr. Talbot moved that Resolution No. 1494 be passed and adopted
on this first and final reading, the motion being seconded by Mr.
Saunders.
City Attorney Adams commented as follows: "This Resolution is
strictly for tbePUrP~Se Of the. ra.te, sch~dule, b~sed on the certifi-
cation that isjr~qui~ed, by, a bgndin~. ordinance. Y0u..might point out
that nothing herein contained is..to be d'onstrued as discharging any
of the contractors from the. full ~er,formance ~any clean up. They
are still responsible in.all respects uBti! theyare released by the
City. We have'a year,s'bUt we. also have a period until the final
acceptance, then one year." ........
It was stated that this is Operational acceptance only.
Upon call ofroll, the motion carried unanimously.-
8.b. Cit~ Clerk worthing presented RESOLUTION NO. 1495.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, CHANGING THE NAME
OF THAT PORTION OF DIXIE BOULEVAPd~ LYING BE-
TWEEN SOUTH SWINTON AVENUE AND S. W. 4th AVENUE
TO SOUTHRID~E ROAD.. ~'
Mr. Talbot asked if this item had been cleared with the Post
Office and City Clerk Worthing read the following Planning Board
report, ~dated November 18th, 1964:
. "The P~0st 0~fice department in De'ray Beach made a request to
· theC!t~ to clarify the confusion, of having, two DIXIE, BOULE-
.,m'~s~ ~n"t~e' ~t~.-', · .....
The,.Planni.ng Board ,unanimously recommends that from South
SOu.t~.~ West 'dth Avenue,. the City limits, ,that this street be
renamed ~OUTHRIDGE ROAD."
~Vi~erMay~ri:crO.ft a~'ked if the residents !lying on said street had
been contaCted?Concerning, the p~0P~,ea ~treet"n'~e change, and was in-
formed by CityCier~ Worthing that they had not bee~ contacted.
Follow~ng further d.!.sc~ssion, City. Clerk Worthing commented as
follows: "It might be the pleasure of this Council to defer action on
this until the ~e~t meetinq,~nd.during the interim period all of the
residents of. the Dixie..~o~l~vard to ~he.~S~uth of her",be notified
that such Resolution will' be presented for CounCil cohsideration at
the next meeti~.,~t~.be held on'Dec~mber 14thl"'~ '
It was so mOVed'~,byMr. SaunderS'and secondedby Mr.' Barrow.
-11- 11-23-64
602
It was suggested that the Post Office be "informed of said pro-
posed Resolution, and Mr. Saunders and Mr. Barrow accepted that to
their motion and second, and upon call of roll, the motion carried
unanimously.
8.c. City Clerk Worthing presented ORDINANCE NO. G-576.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO.THE CITY CERTAIN
LANDS LOCATED IN SECTIONS 4 and'8, TOWNSHIP 46
SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS
TO EX!STINGMUNICIpAL LIMITS OF SAID CITY~ AND RE-
DEFINING THE BOUNDARIES OF SAiD'CITY TO INCLUDE
SAID LANDS.
(Part of N, W. 4th Avenue lying East of 2nd
· Addition to High Acres, and part of N. Eo 22nd
Street lying West of Northridge Road)
(Copy of Ordinance No. G-576 is attached to the official copy
of these minutes.) (See PaEes 606-Q a 606-R)
There being no objection to Ordinance No. G-576, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion bY Mr. Talbot and seconded by Mr. Barrow.
8.d. City clerk Worthing presented ORDINANCE NO. G-577.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION
5, TOWNSHIP 46 SOUTH, ~ANGE 43 EAST, WHICH LANDS
ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING'THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR
THE ZONING THEREOF.'
(Lot 31, Lake Shore Estates, and a portion of
Swinton Avenue lying tO the east of the S/D
of Lake Shore Estates)
Ordinance No. G-577 was unanimously placed On first reading on
motion by Mr. Talbot and seconded by Mr. Barrow.
9.a. City Clerk Worthing reminded the Council that at their last
regular meeting, the request of Mr. Jay P. Callaway for possible
leasing of a five acre tract of City owned land immediately east of
the Pioneer Boys' Association (Boy Scouts) grounds on the north side
of N. W. 4th Street at 5th Avenue was referred to the Planning Board
for its review and comment thereon. The City Clerk then read the
following Planning Board report concerning same, dated November 18th~
"On the petition of Jay P. Callaway that was referred to the
Planning Board by the Council, it was unanimously approved
to recommend that if the Council and the City Attorney desire
to lease Lot (2) in Section 8, on North West 4th Street for
the purpose of raising tomatoes and flowers, a public hearing
should be held by the Planning Board for a Conditional Use on
the R-2 zoned property."
City Attorney Adams commented as follows: "This seems to recom-
mend that if the Council desires to dO this, ~there should be a zoning
change. I believe the purpose in referring it to the Planning Board
in the first place was~to find out if this area, in their opinion,
was suitable for such an operation. We know that before something
like this is allowed, there would have to be provision made for per-
603
missive use to allow a nursery or possible small scale agriculture in
a residential zone. With this understanding, I believe you would
turn it down or refer it back to the Planning Board with a request for
study.and their recommendation as to whether the character of the
neighborhood is suitable for such an operation."
City Attorney Adams stated that before a lease was granted, a
proposedlease would have to be advertised for public bids. It was
also pointed outthat if said City property was leased it would be
subject to county taxes.
City Manager Holland informed the Council that Mr. Callaway had
advised that he would be willing to pay the taxes if it was included
in the lease.
Mr. Barrow moved that this item be referred back to the Planning
Board for public hearing, the motion being seconded by Mr. Talbot.
Vice-Mayor Croft said the Council should also be apprised of the
amount of taxes that this property would become liable for.
Upon call of roll, the motion carried unanimously.
10.a. City Attorney Adams informed the Council that a problem had
been brought to the attention of the City Manager by other City
Attorneys, where their city has been faced with the problem of com-
petitive private individuals coming into town and contracting to haul
garbage. Further, the Ordinance that has been prepared is similar to
the one passed by the Boynton Beach Council recently.
City Clerk worthing then presented ORDINANCE NOi G-578.
AN. EMERGENCY ORDINANCE OF THE CITY. COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
EXCLUSIVE REMOVAL OF~ GARBAGE AND TRASH WITHIN THE
MUNICIPAL LIMITS OF SAID CITY. BY THE MUNICIPAL FORcEs
OF THE CITY OF DELRAY BEACH, .FLORIDA, OR ITS DULY
DESIGNATED CONTRACTOR: FURTHER PROVIDING FOR THE EX-
'CLUSIVE USE OF THE PUBLICLY DEDICATED. STREETS OF SAID
MUNICIPALITY BY SAID MUNICIPAL GOVERNMENT OR ITS
DESIGNATED CONTRACTOR FOR THE- PURPOSE OF CONDUCTING
THE GOVERNMENTAL FUNCTION OF GARBAGE AND TRASH COL-
LECTION; REPEALING' SECTION l~A-9, SECTION 14A-11 and
SECTION !4A-!2 OF THE .CODIFIED ORDINANCES OF SAID CITY;
PROVIDING'.A PENALTY CLAUSE; AUTHORITY TO CODIFY'; A
SAVINGS CLAUSE= EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(Copy of .Ordinance No. G-578 is attached to the official copy
of the minutes of. this meeting.) (See Pagss.606-U & 606-V)
Fo~!owing discussign, ~.ergency Ordinance No'. G-578 was passed on
this firs't and fina'I reading on motion by Mr. Talbot and' SecOnded by
Mr. Barrow.
10.b. The City;Clerk informed .the Counci!,-that at their last regular
meeting, the proposal of the WYatt' COmpany' for performing certain
services, a's set~fort~ in said.proposal,.was referred to ~the PeNsion
Committee for r~VieW'.a~d re~0mme~da, ti6n, andrep0rted further: "This
Committee met on Nove~berl 16th at i0:00 a.m. in'the City Hall. The
previously Council appointed'pensi0n, co~mittee thereupon unanimously
approved the ~Ppointment of. CouncilmanJack, L. Saun~ersas Chairman
of a Retirement.committe~/ such committee being for, the p~rpose of
administering ~e ci~y, empioyees''retirement plan,_in accordance with
mitted bYlMri.~m~S,., i~hiveiY]~...~he Committ~e.'~nanimouslY approved
recommending t~Co~nd!! the~-emPloyment of the wyatt' c0mpan~ to act as
actuarial~,~ltants..for.~he.c$!~ndar, yeax 1965,".
Mr. saunaers moged.lt0 Susta~n..~the r"Co~mendation of"th~ Retirement
Committee as ,S.ubmitted,~the~motion,be~Bg seconded by. Mr~ Bar~ow'and
unanimously-carried.. ,'.~..~' ~137 i1~23~64.
60~.
10.x. City Manager Holland brought to Council attention the fact
that the Occupational Licenses within the City were due on the first
of October, followed by a thirty day grace period, after.which there
was a fifteen day period during which a ten percent penalty was added.
After that time, the 15th of November, anyone doing business within
the City without a license is subject to having a warrant issued for
their arrest. The City Manager asked if this ordinance should be
enforced, or handled as it had been in the past.
It was pointed out that this ordinance had been amended, in part,
last April, and City Attorney read the following section of said
Ordinance:
"Sec. 16-9. PENALTY FOR VIOLATION.
Any person, firm or corporation violating section 1 of this
chapter Shall upon conviction be punished by a fine not ex-
ceeding two hUndred dollars, or by imprisonment for a period
not exceeding ninety days, or by both such fine and imprison-
ment for each offense, and further providing that, unless the
license shall have been procured from the city tax collector of
the city within thirty days from the day same becomes due,there
shall be a penalty of ten per cent of the amount of the occu-
pational license. It shall be the duty of the tax collector
to enforce the payment of any~licensetaxes not paid within
forty-five days from the day same becomes due by securing a
warrant for the arrest of the person,, firm or corporation
illegally engaging in such trade, business, profession or
occupation."
Vice-Mayor Croft said that since the ordinance had been amended
recently, he would suggest the City Manager notify the individuals
and also make a press release and inform the public they would have
a Short additional grace period~in which to obtain their license be-
fore the ordinance was enforced.
Mr. Talbot also suggested that the individuals be sent a letter
that if their license was not obtainedby December first, the ordi-
nance would be enforced.
Following lengthy discussion, Mr. Talbot moved that the City
Manager be instructed to proceed with the collection of all past due
licenses not later'than December first or invoke such penalties as
the ordinance provides.
The motion was seconded by Mr. Barrow and carried unanimously.
10.x. City Clerk Worthing presented the'following letter from Mr.
O. W. Woodard, Jr., Civil Defense Director, dated November 23rd:
"The City of'DelraY Beach, Florida Operational Survival Plan,
which became effective September 25, 1961, upon the adoption
of Resolution No. 1349, has been formally amended only once
since that time, in 1962 by Resolution No. 1425, which, in
effect, only revised the organizational chart as of that date.
Since that date, Civil Defense concepts have changed exten-
sively and have necessitated changing the entire basic plan.
Between our pressing day to day problems, with the help of
the Palm Beach County Civil Defense office, I have revised
the entire basic document, some twenty-odd pages, which as
of November 16th has been approved by the County, South
Florida Area, and State Civil Defense offices.
Attached please find letters relative to this approval. With
your permission, I will have stencils cut, approximately 50
copies of this revised plan mimeographed, and a resolution
prepared, which would place this new plan in effect as of the.
date of your next Council meeting. Due to the volume of this
plan, I have not attempted to duplicate it at this time. If
you have any questions relative to this document, I stand
ready to discuss them with you at your convenience."
605
The Council unanimously agreed to the request of Mr. Woodard.
10.x. City Clerk Worthing informed the Council he had prepared an
Ordinance covering the annexation of several improved properties in
Delray Beach Shores, the petitions for said annexations having been
received too late for the ordinance to be included in the Agenda.
City Clerk worthing then presented ORDI~NCE NO. G-579.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAy BEACH CERTAIN LANDS LOCATED IN SECTION 21,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, W~ICH LANDS ARE
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BO%TNDARIES OF SAID CITY TO INCLUDE SAID
LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LANDS; AND PROVIDING FOR THE ZONING THEREOF.
Ordinance No. G-579 was unanimously placed on first reading, on
motion by Mr. Talbot and seconded by Mr. Saunders.
10.x. Mr. Talbot referred to the following report submitted by the
City Manager, Building Official, City Engineer, and approved by the
City Attorney, dated November 20th:
"Re: Letter from property owners in Sec. 17-46S-43E, also
known as O. D. Priest's waterfront lots on S. W. 8th Avenue
between S. W. 3rd Street and S. W. 3rd Court, that was re-
ferred'tora committee to answer.
1. The City' Building codes do not require the construction of
seawalls or fences on private property. If an owner or develop-
er elects to construct this type of improvement, the Building
Department will issue a permit for .the same, providing that all
seawaIls orbulkheads are designed'by an .engineer, we then make
the required 'inSPections to ascertain if the 'structure has been
constructed according to plans and specifications,
2. The City has no requirement that would cause a developer to
bulkhead or fence.any waterfront property,
3. The development in question was approved by the Council in
January, 1964 and. then the homes were constructed and sold
individuals, ana each"pr0Derty owner was aware that the parCel
of land together with the improvements, did include a portion
of the lake, but there were no fences or seawalls included.
4. Therefore'it is the responsibility of'each property' owner
to control an~' prote~t his own property, and further Sec. 17-30
of the code of ordinances indicates, it is unlawful to maintain
a well, swimming pool or dangerous excavation in the earth, un-
covered, unprotected, unfenced or otherwise dangerous or unsafe
conditioh within the City."
City Manager Holland.said that with Council approval he desired
to mail a copy of Said rep~rt"to'.the'property owners signing said
letter of inquirY.
Following discussion', Mr~ Talbot moyed that the Council acknowl-
edge receipt of the report, f~om said-committee~and that the City.
Manager ShOuld so advise the property 9Wners as to the recommendgtions
therein,' The motion'Was seconded'by Mrl Barrow and carried unani-
mously.
-15- 11-23-64
60~
10.x. City Attorney Adams informed the Council that City Clerk
Worthing should be highly commended for obtaining the petitions
for annexation of properties reflected in Ordinance No. G-579.
10.c. Bills for Approval were presented as follows:
General Fund $ 165,008.62
Water Operating & Maintenance Fund 3,771.98
Water Revenue Fund 2,430.00
Special Trust Account -
First National Bank of Delray Beach 49,441.18
Special Trust Account -
Delray Beach National Bank 61,466.27
Interest & Sinking Fund -
&_Sewer_Rev~ue Bonds 28,836.25
eries 1957, 6i, 62 &63.
The bills were unanimously ordered paid on motion by Mr. Barrow
and seconded by Mr, Saunders.
The meeting adjourned at 10:00 P.M., bY order of Vice-Mayor
Croft.
R. D. WORTHING
City Clerk
APPROVED:
,,, C'-,. :'-~,. t'-~"
/SZ J¥~e~oy cr~ft fA
MAYOR ~ '~ :
-16- 11-23-64
6o6-~
C~TY OF DELI~AY BEAC~
Pro~ect Nc. 596~-~
~ O~ ~. 10
~ ~a ~nt en~ in~ ~s ~y of
-P~ ~ O~, ~, ~ ~rty of ~e ~I~T ~,
a~ ~~ & ~, I~., O~c~r, ~ ~ty of ~e
S~O~ ~t, ~e s~ ~i~ a c~e or s~pl~nt ~ a
cer~n con,ct ~ ~ ~z ~e ~r~es ~o~s~d, ~
ed ~ ~y 1~3, for ~e c~s~oa of ~e Wor~ ~Ject,
Oity of ~ ~h, ~ ~h O~nty, ~1o~.
WI~~
I. ~A~, ~e ~ty of ~e ~I~T ~t desi~s ~ ~
~e coz~t ~ p~de for ~ ~e~ equable ~ ~ent
~ cover cos~ ~ ~e c~c~r of ~ors~ co~on e~
coun~ in ~e cons~on of ~ ~e~er~ ~gh~y c~ssi~in l
~tween S~ons t~ pl~ ze~ a~ ~ pl~ se~nt~, a~
~ ~ese ~orseez ~o~o~ ~ in f~ct a S.~D. 36 i~h
R.C.P. sto~ se~r ~t ~e an ab~t c~e in ~e a~ el~
~tion ~e~o~, a~ ~ ~ca~e of ~s si~ti~ ~t
. ~s ~ces~ ~ low~ o~ ~ ~r ~ ~e ex,mt ~at it
b~ht it ~1~ ~e ~r ~vel, a~ in~ sold ~ (It shoed
. be ~ted ~t ~e sa~ ~ ~ in a ~n~) a~ ~ ~is
low~ of ~e ~ i~ ~r a~ ~k st~k a~ b~ke ~e
tun~ ~c~, so ~t it ~s ~cess~ to c~le~ ~e Job
~ ~re ~ensive ~s. (~ it ~ ~ d~ to co~le~
ins~ of a ~1 5 ~)
606-.B
City Clerk F~j~r
Approved as to for~
City
City Attorney
" :i!;:i'. .:; ::
6o6-c
CITY OF ~EL~A! NEACH
PAI~ NE~CH COU~T~, FXONIDA
P~T ~. 5~
~is ~re~t en~ in~ ~s ~y of
a~ ~~ & ~, I~., 0~r, aa ~ty of ~e
S~O~ ~t, ~e s~ ~i~ a c~e or ~pl~nt ~ a
cer~n con,ct ~ a~ ~en ~e ~r~ea ~o~e~d, ~
ed ~ ~y 1~3, for ~e coercion of ~e Works ~J~t,
City of ~y ~ch, ~ ~ch C~ty, Flori~.
WI~~
I. ~, ~ ~ty of ~e FI~T ~rt desires ~ ~
~e con~act ~ p~de for ~e ~1 of ~r~o~of ~e o~
rei~o~ co~re~ se~ge ~a ~ch co~ct ~ ~e
pr~ i~luent s~c~es ~ ~e ~s~r ~ft ~on, a~
~ereas ~is w~k ~s ~t i~l~ in ~e o~ml Con~act,
as ~e ~a~r ~ft 8~on ~s ~ in~ ~s ~a ~r ~e
contact ~s let.
II. ~~, ~e ~ty of ~ ~0~ ~t ~ea ~
fu~sh all p~nt, ~r, ~s, a~ ~pliea ~cess~ ~
rem~ o~y ~t por~on of ~e o~ ~ ~ch ~c~y in~
fete ~ ~e placement of ~e i~uent pipes. ~e ~rk ~11 ~
acco~ aa direc~ ~ ~e e~ineer. ~e ~ty of ~e
S~0~ ~rt ~er ag~es ~ c~ out ~s work for ~e ~
s~ p~ce of $ 25~.
·
6o6-D
III. It is further agreed ax~ madereto~d that this cha~ge
shall ~ot alter in a~y mm~r the force am~ effect of the
original 0~%ra~t ~ate~ 2A Ma~ 1963, a~ t~e ~ shall sta~ in full
force a~l effect i~ all r~pect, except a~ a~em~ed ~y thi~ Agreea~t~
By ~ Accepteds
Project ~mAger
Attests DELRAY
City Clerk Mayor
Approved as to forms
City Manager~,
City Attorney
6o6-~
PALM ~ACH COUNTY, FLORIDA
SEWAGE ~D~S P~0~CT
Project No. 5964 -8a
CHA~GE 0~-~ ~0. 12
This Agreement entered into this day of
196~ by and betw~ez the CITY 0F DELPAY BEACH,
PALM HEACH COUNT~, F~O~IDA, as party of the FIRST part, and
BAR~A~0SSA & SON, IN~., Contractor, as party of the S~O~D part,
The same being a cha~ge or ~u~le~ent %0 a certa/n contract by a~
between the parties afore~aid, dated 24 ~y 1963, for the construction
of Sewage W~rks Project, City of D~lr~y Beach, p~lm Beach County~Florida.
I. %~E~A~, the party of the FIRST part desires to amend the con-
tract to provide omly for the payment of the actual coet of 22 cast-iron
ma~bole covers, amd ~HE~EAS this situation developed from the placement
by the party of the $~O~D part of 22 precast concrete manholes without
proper authority, and W~ the p~rty of the ~I~ST part has agreed to
Permit these precast concrete ~a~oles to remain in place, at no cost to
the party of the FIRST part other than for the specified cast-iron covers.
II. THE~0~E, the party of the S~00ND part agrees to accept as
compensation for the 2~ precast concrete manholes the sum of $ 1100,
w~ieh sum represents the co~t of 22 cast-iron manhole covers at $ 50.00
e&Che
606-~
CITT OF DELRAY ~TACN - CHA~E 0~DER ~0. 12 Page ~I~. 2
III. It ia further agreed amd understood that this
change shall ~ot alter in any mam~r the force amd effect of the
original Comtraet dated 24 M~y 1963, a~d the same shall stand in full
force and effect iz ~ amended this
Agreemen%.
~tec~m~ed for A~s ~ARBAROS~A & ~0~S, I~E.,
CON3ULTII~ E~GINEFJ~ ~y.
City 01erk Mayor
Approved as to rata,
City Manager
City Attoru~y
6o6-~
~is Agreement entered into this ~ . ~ ..L day of Nove~r£oer .1964
by and between the CIT~ OF DELPAY BEACH, PA~M BEACH COUNTY, FI~IDA,
hereinafter referred to as the party of the FIRST PART, and ~ HARRY PEPPER
COMPANY, CO~TP~C~R, hereinafter referred to as party of the ~ECO~ PART,
the same being a change or supplement to a certain Contract by and between
the parties aforesaid, dated A'~,1963, for the construction of Sewerage
Lift Stations, City of Delray Beach, Palm Beach Oounty, Florida.
WIT~ET~:
1. WHerEAS, the party of the FIRST PART desires to amend the contract
to provide for payment for extra items of ~rk to be carried out by the Party
of the SECOND PART at the direction of, and under supervision of the Consulting
Engineers, amd Wh~ these items of extra work could not be foreeen at the
time the contract ~as awarded, and WH~2~AS these items are essential to the
proper completion and fuzctioning of the project.
2. THErEFOrE, the party of the SECOND PART agrees to furnish all labor,
materials, supplies, and equipment necessary to carry out the following items
of work, at the agreed prices as specified~
a. Move DAVO0 package lift station ~. 3 from Palm Trail to
City property for the winter season, a~d ret~trn this station
to the proper location in the spring. Agreed cost - $ 305.
b. Increase weight (gauge) of aluminum f&cia for master lift
station frown .032 to .050 - Ag~d cost - $ 133.
c. Widen asphalt transition paving on the West Side of Andrews
Avenue adjacent to Lift Station - 18 - Agreed cost - $ 110.
d. Make ~,~1 revisions in architectural treatment of master
lift station to provide i~ro-~rd appearance on south and
east face - Agreed cost - $ ~$.
e. E~tra asphalt paving resulting frem moving lift Station ~. 9
west, off government canal right-of-way to city owned right-
of-way. Agreed cost - $ 490.
?:
6o6-~
f. Extra manhole and cover for wet well at Lift Station ~D. 5
to provide for future ins~ll~tion of 2nd basket strainer.
Agreed cost - $ 10%
g. Extra underground electrical work at Lift Station ~. 8
as authorized by City Council Item 6-G, minutes of meeting
on April 27, 1~. Agreed cost - $ 760.
h. Increase size of gasoline storage tank for the motor genera-
tot set at the ~azter Lift Station from 120 Gel. to 250 Gal.
Agreed cost - $ 75.
i. Install wood louvers in zolid doors to wet wells at Lift
Stations 1 - 4 and 6. Agreed cost - $ 200.
J. Install aluminum louvers in wall frame in side wall of
generator rocm and in wall of influent room at Master Lift
Station. Agreed cost - $ 254.
k. Install additional paving at Master Lift Station for turn-
around. Agreed cost - $ 56.
~e party of the 3EOOND PART further agrees that the total addition to
this contract as a result of ~his Change Order is
$ Two ~ousand five hnr~ed ~,~ _~tv fiVe DO1]'~S ( ~ 2565 )
III. It is further agreed and understood that Appendix #Am is an
integral part of this change order, and $2~ts change order does not alter
in any manner the force and effect of the original contract dated
4 June, 1963, amd the same shall stand in fttll force and effect in all respects,
except as amended by this Agreement.
Recommended for Approval~
~SSELL & AXON HARR~ PEPPER COMPANY
CONSULTING ENG INF~P~
~cepted~
CITY OF DELPAY BEACH
PAI.M BEACH COUNTY
Attest: DELRAY BEACH, FIDRIDA
Mayor
Approved as to form~
City Attorney City Manager
606-z
APPENDIX mA"
to Oha~ge Order ~0. 6 to HA~ PEPPER COMPANY OOFT~ACT
1. The purpose of this Appe~tY is to clea~ly define the reasons for
the changes carried on the subject Change Order.
2. ~tsm II-a. The city manager directed that DAVCO package Lift
Station ~0. 3 be moved from the constructio~ sits to city property, for the
duratio~ of the wintsr season. The contractor was restrained from working on
this station during the tourist season. The station was moved away and brought
back in the spring. The costs a~e those ac~,a~y incurred by Pepper. The station
weighs apprc~t,~tsly 15 tons.
3. ~tsm II-b. Pepper's roofing contractor, (Tropical Roofing) advised
that they strongly recommended this increase in gauge of the aluminum facia, in
order to assure a 20 year bonded roof. They stated that the lighter gauge alu-
minum had given trouble in the past. The change was authorized, and Hurricane
~ilda" proved it out. The cost is the actual difference in cost of the t~
weights of metal.
4. ~tem II-c. ~xis pavement at Lift Station ~o. 18 was requested by
the city manager in order to provide a safer trax~ition around the lift station
which is located in the center of A~ Avenue. The w~rk was in excess of plan
quantities, and payment of actual costs is , therefore, Justified.
5. ~tem II-d. This covers the net extra cost of a major rearrangement
cf the a~chitectural treatment of the west, south and east facades of the Mastsr
Lift Station. The result will be a more pleasing appearance of the areas viewed
fr~n Atlantic Avenue. The necessity for this action arose from the several changes
in location of the lift station,
6. Item II-e. Lift Station ~o. 9 at the east-end of N.E. 1st Court was
sited east of the end of the existing pavement tttr~around. ~hen staked out, it
was found to be on the corps of engineerts intracoastal waterway, right-of-way.
It was, therefore, necensaA-y to move it west to the City right-of-way, ~hich was
paved. As this is a lump sum bid ite~, it was a matter of equity to pay the cost
of the extra pavement.
7. ~tem II-f. There are 2 sewer mains entering Lift Station No. 5 from
the east and the west. Only one manhole and one strainer basket was provided ini-
tially. It was considered sound econcs~ to provide for ~uture installation of a
second basket s~rainer ~hen flow conditions would dictate it. Payment is for a
second manhole.
8. ~tem II-~. The City Council considered several locations for the
electrical service pole and circuits to .serve Lift Station No. 8 (SE 1st St. &
Marine Way). The present location was authorized by the city council during the
course of the April 27, 196~ meeting, at a~ agreed cost of $ 760. (item 6-g Mi~tss)
606-J
~ppe~dix 'a" Charge ~rder ~3~6 Page 2
9. Item II - h. ~he specificatione call for a 120 Gal. gaso-
Line storage tank for the motor generator set at the F~ster Lift Station
-Engine consumes 23 Gal. per hour. It was considered prudent to provide
a 250 Gal. tank which will operate generator for 10 hours in an emergency.
10. Item II - i. It was found that the wet well ventilation System
could be greatly improved if the solid wood docks were louvared at Lift
Stations 1 - 4 and 6.
11. Item II - _t. It was necessary to provide a constant floe of
air into the influent s~ction of the MAster Lift Station, in order to
clear out heavy chlorine fumese
12. ~ ~e paving was revised ~hen the Master Lift Station.
was moved to its final location. ~is small increase in pavement was necess-
ary to provide a turn-~-round.
606-~
¢IT~ OF DEL~AY ~H
PAI~ "~.~ COUNTY~ FLORIDA
Project NO. 596~-8a
CHANGE O~R NO. 7
Ibis Agreement entered into this ~,. · .~ f. day of November 1964
by and between the CITY OF DEI~AY B~ACH, PAI~ BEACN COUntY, .FLORIDA,
hereinafter referred to as the party of the FIRST PART, and ?HE HARP~ PEPPER
COMPANY, CONTRACTOR, hereinafter referred to as party of the SECOND PART,
the same being a change or aunplement to a certain Contract by and between
the parties aforesaid, dated ~ .~ 1963, for the eonstruction of Sewerage
Lift Stations, City of Delray Beach, Palm Beach County, Florida.
1. WHF~UAS, the party of the FIRST PART desires to amend the contract
to provide payment for ex~ra costs insured by the oozt~actor, in the construction
of Lift Station 15,
and
~TEREAS these extra costs resulted from unknown and unexpected underground
condition in the foundation area wi~ieh consisted of heavy flows of water under
pressure, in a previously undiscovered rock fissure,
WEE~AS these unusual flows of water required expensive and time consuming
methods of grouting and sealing in order to permit the e~nstruction to
proceed
and
WHEREAS the contractor worked 5 months, from Ju~y to December 1963 on this one
excavation
and
WHEREAS the contractor notified the party of the FIRST PART of this unusual
underground conditions in accordance with the terms of the governing contract
and specifications
WHEreAS it has been determined that the contractor made normal and prudent
investigations of the underground conditions at Lift Station 18, as required by
the specifications
and
~S these prudent investigations did not reveal the presence of the rock
fissure, bearing water under pressure
and
cont ~ d....
6o6-~,
WHEREAS it appears that the party of the FIP~T PART may have a certain
amount of legal liability for reimbmraement to the contractor, ~hen un-
expected underground conditions of '~s ~a'l~m'e are encountered,
and
WHEREAS the contractor claims that he incure~ excess costs of apprcx&mately
· $ 28,000 in this excavation
and
~ the contractor mast be require~ to Bear an equitable portion of these
costs as a normal and prudent contingency, inherent in work of this nature.
II. THERefOrE, the party of the $~OND PART~ after due negotiation,
agrees to accept as equitable settlement of the extra costs incured at Lift
Station 18, and the party of the FIRST PART agrees to pay the stea of:
~. Twenty one 1~ousend five httudred Dollars ( ~ 21.500~ )
III. It is f~rther agreed and understood that this Change Order does
not alter in any manner the force and effect of the original contract dated
4 ~ 1963, and the same shall stand in full force and effect in all re-
spects, except as amended by this agreement.
Recc~mended for Approval:
RUSSELL & AXON
COR~ULTI~ E~I~INEEP~ HARF~ PEPPER COMPANY
Ac cep ted:
CITY OF DELRAY BF~CH
PALM BEACH 0OUNTY
Attest DELRAY BFADN, FIDKIDA
City Clerk Mayor
City Manager
City Attorney
PALM BEACH COUNT~, FIDRII~
SEH~E ~D]HS P~DJ~T
C~u~E o~ ~, 8
~is Agreement en%ered into ~kis '~,. ;~;:.'~ '~ _.~ ~y of
~H ~, ~, as ~ ~f ~e ~I~T P~, a~ ~ ~
C~A~, Oon~c~r, ~ ~ of ~ ~ P~, ~e s~ ~i~ a c~e
or ~pple~nt ~ a cern con~t ~ ~ ~n ~e ~e, ~o~s~d,
dasd A ~ 1~3, for ~e coercion of ~e ~ft S~ons, in ~e
Oity of ~ ~h, P~ ~ 0~ty, Flo~.
I. ~, ~e ~ty of ~e FI~T P~ desire ~ ~ ~e co~
tract ~ reco~ile ~e ~ q~a~es, as co~c~ ~ ~e q~n~es
as o~i~ly bid, ~ ~ ~e f~ cous~c~d q~n~ea ~ set for~
in ~e fi~ es~ (~r 17~, ~ ~ a ~s~sAo~ of ~e ~ffe~es
~ich ~st ~t~e= ~e ~d q~u~ee ~ ~e cons~ q~es is at~
c~e o~er, ~eu s~u~ ~ ~ ~es ~e~, co~s ~ ~oep~e
of ~1 ~rk c~ ~t ~er ~s con~t, ~ ~e Oi~ of ~ ~, ~o~.
II. ~~, ~e ~ty of ~e ~O~ P~T ~r~l ~t ~s fi~ r~
cogitation cha~e o~er s~s~es ~ a~ ~ pre~ oo~s~e~e or
ver~ ~reemen~ reg~ dele~o~ ~ ~o~ ~ ~e sc~e of ~e work
c~ed out ~er ~s con~act. ~ ~:4, 1~3 f~ ~e co~t~c~on of
~r~e ~ft S~o~ in ~e City of ~ay ~ach, ~ ~ach C~, Flori~,
a~ ~e p~ty of ~e ~ P~T ~ ~ees ~t ~ q~es a~ p~ces
sho~ on ~e at~ch~ fi~ ese~ ~e co~t, a~ ~t ~e ~t of
$ Forty eight ~o~e~ ~ se~z~ ~e ~11=~s ~ s~ty ~e cents
constitutes final payment, including retAinage, for ~ materials furnished,
work performed, amd claims made uz~er thim contract, all in accordance with
the terms of the original contracte
cont'd......
606-N
III. It is further agreed and um~erstood that this change order
shall not alter in a~y man.er ~e maintenesce, az~ performance guaran-
ties of ~be original contract ~ated A ~ 1963, &~4 ~be same ~
stand in ~ for~e a~ effect in all r~spects.
~commended for approvall
E~SSELL & AX~
CO~SULTI~ ~I~E~S HAPJ~ PEPPER COMPANY
D.R. ~eff~_~ '
ProJect~a~er ~ ' ~'"~
Accepted~
CITY OF DELRAY
PAL~ B~ACH COUNT~
Attest~ DEL~AY B~ACH, FLORIDA
'City 01erk Mayor
City Manager
Approved as to form~
City Attorney
6o~-o
APPENDIX
To Change Order ~. 8 to contract with HARRY PEPPER COMPANY for
constructiom of Lift Stations for the City of Delray Beach, Florida.
1. ~he purpose of this appemiix is to explain the reason for
variations in quantities and payments between those carried on the origi-
nal contract, amd those carried on the final estimate.
2. As all items were bid on a lump sum basis, and were completed
in substantial accordance with the plans and specifications, there are
no variations in bid items. However an item for rock excavation was
carried in the specifications (Sec.II- Par. 3 - Page II-l) to be paid
for, when and if encountered, at the set price of $ 15. per c.y.
3. Harry Pepper, as shown on Page 3 of the final estimate, did
remove ~O;O.$c.y~s. cf solid rock at a total cost of
$/~ ! ~' ¥, ~ $ Fifteen ~housemi one hundred fift~ four Dol_!ers ~0/00
~ese quantities were mesUred by the consulting engineers am ~e v~me
the excavation was open, and are certified correct
~S~ELL & AXON
CONSI~LTI~ E~I~I NEERS
6o6-?
~OLU~Z0~N0. 1494o
A~SSOLUTIO~ OF THE CITY COUnCiL OF
~ CITY OF DE~Y B~,
AC~PTING ~NITARY S~R PR~ NO.
5964-8(a) AS OPE~O~L A~
T~ E~FE~I~ ~ FOR T~ INITIAL
S~ OF ~TES, FEES A~ ~R
~R~S TO BE I~SED FOR ~
A~ PACILITI~S ~S~D BY~
SYS~M.
~S, the City entere~ ~nto a con.act for engi~er-
ing semites with Russell a Axon, ~suAt~ng Engineers, on the 30th
day o~ Septets=, 1~S~, and
~S, pursuant to said contract, ~ussell
~signe~ an ocea~ outfall se~r syste~ toge~er wi~ l~ft stations
an~ other san~ta~ sewer i~rovements, hereinafter referr~ to
Project No. 5~64-8(a), a~d
~S, Russell a Axon was hired to perfor~ ~nsult-
i~g and resident insDection servi~s for saia Project No.
~, by Resolution NO. 1359, d~te~ Nove~r 6, 1961,
and ord~an~ No. ~-553, effective July 22, 1964, ~e ~nitial
ule of rates, fees a~ o~er cha~ges to ~ impos~ for the
and facilities furnished by the sewer syste~ are to ~o~ effective
the first day of ~e mon~ following the date ~en the system
~nstructe~, CeTtifi~ for use by ~e consulting engi~ers, and
accepted ~ ~e C~t~ and
~S, Russell & ~n has re~ntl~ certified
aforesaid system as ~perational~
~W, ~E~FOP~, BE IT RESOL~ BY T~ CI~ CO~CZL OF
T~ CI~ OF DE~Y B~, F~, AS FOLLOWS:
1. ~at ~e sanitary se~r system, heretofore desig-
nated Project ~. 5964-8(a), ~s hereby accepted by ~e C~ty as
operational and the initial schedule of rates, fees and o~er charges
previously'established s~11 bec~ effective ~c~er 1, 1964.
2. ~at no~ng herein co,tanned shall be cons~ued
as dis~arging ~e contractors fr~ the strict performan~ of their
rema~ning contractual duties. ~at each of ~e ~ntrac~rs, and
their ~nding ~n~es, remain responsible in all res~cts until
released in accordance wi~ their agre~en~ w!~ ~e C~ty.
~SS~ a~d ~P~D this . .~3rd day of ~ve~er, 1964.
MAYOR
City Clerk
ORDINANCE NO. G-$76.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
CERTAIN LANDS LOCATED IN SECTIONS 4 and 8, TOWN-
SHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE
CONTI~UOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; AND REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID L~NDS. (P~t of N. W. ~th Ave. lying
East of 2nd Addition to High Acres - and - part of
N. E. 22nd Street lying West of Northridge Road)
WHEREAS, it is deemed for the best interest, safety,
health, and general welfare of the citizens of the City of Delray
Beach, Florida, that the hereinafter describe~ real property be
annexed to the City of Delray Beach, and
WHEREAS, said lands are contiguous to the present
boundary of territorial limits of the City, and that, when
annexed, will constitute a reasonably compact addition to the
incorporated territory with which it is combined, and
WHEREAS, 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', T~FORE,. B~ I,T..:OaDa~mn BY .THE, :CZ?Y~'COUNCIL OF
Those parcels o~ land lying and being in the
4Mo~de.l. Land company~.p Subdivision Df
~ foll0ws =
1. The, .So~th..twenty-f, ive ..(25). feet..o,f
off'the S i65 fe'~t~of "the E 660: fe'et"of
.... the '~% ~ 'the N½"6f i:t~e ~SW~ 0f"%he '~W% ~f
:.." E~'st~-' LESs.the ~W~sE.~i~'5 feet the~eo~,' as
recorded in the~Public Eecords 0£ Palm
of the ~-~% of the,~NE% of Section ,8, Town-
ship 46 SOu,th, R~nge 43_East;. otherwise
described .a.s ~[tBe ~.E.. ~2.5 'fee~/of .~the~ ',S~- ~ ·
ACP~S' ~s. sho~. on ,P!a~..~ereof :file~ in
page 2. ordinance No. 0-5?6.
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein
the above described parcels of land, and said lands are hereby
declared to be within the corporate limits of the City of Delray
Beach, Florida.
SECTION 3. That if any wordy phrase, clause, sentence
or part of this ordinance shall be declared illegal by a court
of comgetent jurisdiction, such record of illegality shall in no
way affect the remaining portion.
Passed in regular session on the second and final read-
ing on this the 23rd day of November, 1964.
/s/~ J. LEROY CROFT
VICE-MAYOR
ATTEST:
/s/ R. D. WORTHING . ......... City Clerk
1st Reading November 9, 1964
2nd Reading November 23, .!~6~ ,'
6o6-s
PROPERTIES IN VIOLATION OF ORDINANCE NO. O-147
AND SECTIONS 15-3 & 15-4 OF THE CITY CODE
PROPERTY CITY
O.W R .ADD,ESS O SC C ODS
1.
Beach Park Corporation 435 Hialeah Dr. 5900' of W250' 15-3 &
Hialeah, Florida of E750' of. W3/~ 15-4
of S~ of NW~ Sec.
20-46-43
Sea Fields Inc. 212 Kings Lynn ~125' of N88.2' 15-3 &
% Herbert F. Johnson Delray Bea~h,~ less W'150' .of 15-4
Flori~da Ocean Beach Lot
~a Fields Inc. 212 Kings I~Jnn W125' of S66.2' 15-3
% Herbert F. Johnson Delray Beach, less ~150' of 15-4
Florida Ocean Beach Lot
29
4.
James I. Sinks P. 0. Box 1774 UnimProved part of 15-3
Delray Beach, Lot 46, '~Del~ay 15-4
Florida Beach Esplanade
5.
Owen A. & Margaret 950 No. Hunter Lot 45, Delray 15-3 &
S. Luckenbach Boulevard Beach Esplanade 15-4
Birmingham, Mich.
% Mrs. Alice Soper Crown Trust Co. Seagate Sec. B.
7. ::.~'::'-~ :"., '";'-.:--' '-
Santa Rita Land 702 Comeau Bldg. ,~Ot:.'23;:'Blk~; .'l~:,, 15-3
Company West Palm Beach, ,D~ll~ Park 15-4
Florida
:~eter'~ns Affairs 'Lo~:47~ 'Jefferson 15-4
9.
Henry · Haze~ Clem %;~tti:e. I~ U~i~p~ed.:po~tion 15-3 :&
.... · "- .231' S; -~.-5~h Ave.of:; W5011':'. 0f S150' of
De lr-ay Beach, B'lk-.
Florid a
10.
Delta2 ~ach, ~ 0f Blk/~159 I15-4
Florida
11.
Elizabeth Bv~odes 2~'2 :~leasom.Bt. W~ vacant'
.12. ·
.Cr~ach~r. ~ .... ':"~?:' Delray'-Beaeh, &~.'Ng~5"'of Lot 15-4
· 606-T
Page 2 - PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
A~U) SECTIONS 15-3 & 15'4 of the CITY CODE
Violations 15-3'an'~ 15-4 as concerns this report
of above' listed properties are as follows:
ITE___~N
1. East central part has High Growth and Debris
2. & 3, All Pine Trees on Property to.be reduced to safe height.
All undergrowth, debris and high vegetation to be removed.
4. Storm debris and high vegetation.
5. Storm debris and high vegetation.
6. Damaged trees and storm debris on S. E. Part of property.
7. Very iarge Pine tree to be reduced to safe height and trash
on property. High vegetation.
8. High weeds and broken tree limbs, trash etc.
9. Broken tree limbs, t~ash, high weeds and undergrowth.
10. Tree limbs, storm debris and high vegetation.
ll. Pine trees to be reduced .to safe height, uprooted trees~
broken .limbs, high vegetation, etc.
12. High vegetation and loose building trash.
Submitted to the City Council by the City Manager
on this 23rd day of November, 1964.
6o6-U
O~Z~ANCm NO.
AN "-~NC¥ O~IN~SC". OF ~' C~ c~C~
OF ~E CI~ OF DEL~Y B~CH. F~RIDA. PRO-
VIDING FOR ~ EXCLUSI~ ~O~L OF ~GE
A~ T~SH WIT~N ~ M~ICIPAL LIMITS OF
~XD CI~ BY ~E M~ICIPAL FOR~S OF ~
CITY OF DE~Y B~. FLORI~, OR ITS ~Y
D~SIG~TED CO~OR~ ~T~R PRO~DING
FOR T~ ~USI~ USE OF ~ P~LICLY DEDI-
~TED ST~ETS OF ~ID M~cI~A~ BY ~ID
~ ~ICIPAL ~~ OR ITS DESIG~TED
CO~OR FOR ~ PURPOSE OF ~U~ING
~ ~~N~L ~ION OF ~GE A~
T~SH COLd. ION; ~P~LING SECTION 1~-9,
SE~ION 1~-11 and SE~ION 14A-12 OF THE
CODIFI~ O~I~N~S OF ~ID CITY~ PRO~DING
A ~E~L~ C~USE= A~HORI~ TO ~DIFY~ A
~S C~USE~ EFFE~I~ ~TE~ A~ FOR
~R ~pSES.
~reamble se~tiDq forth ~q~slative Findinqs
~S, ~e collection and disgosal of garbage, trash
and waste products are no~only a lawful but an affirmative duty
i~osed upon ~e City of"DelraY BeaCh,~' FlOrida, and w~th~n the
9olice ~wers of s~id mu~lciga!ity~ and
has for many ye~=~ ~as~ pqs-~]~j 9e~f6~e~ .saia ~r.v~e ko.r'/~e
inAab~tan~$ of ~" C~y.~i~'~a.A ~f~cieA~' ~n~ "&Cofi~m'ieai-'~nn.=; and
is a nuisance p~r .'se:::and .~h~ ~.:;~.umuXa~Og .th'~i~-:~ not
mental to the p~!'ie heaI~h' 'an~' E~a'~' ~e m~"~t~l :g~v~&ent, acting
for the c~mon g.~d'..:O~. ~.%i;':~':'.inSu~e ~t ~e &o~ction, trans-
portation ~rough~ ~ "s~re~" a~8 2~al diSDoSitio~ o:~ ~uch items be
~ ~S, the Ci~x' P~sentiy'has a sUbs~an~iaX investme.t
of Xts garbage servXce charges, all of which could ~ serXously
.- paired or jeopardized: i~'.~:~imi'ted auth6=:~ ~r aU'thor~Zati0n were
granted to XndividUals or ~eting private concerns to engage i~ or
conduct a garbage'a,d t~ash c011ee~on business: Wi~ht, '~he Ci~; 'and
'flabttan~S of ~e ~E~-~' in-.0r~,er 't~: insure a continuity of sound,
effective, and economic garbage collection service,, ~at the munici-
':pal. government of ~e C~ty (Of De!'=ay ~au~, 'Fiori~, be vested~W[th
.the sole and exclus~ a~or~t~ .and4duty of ~rformtng this function
wi~in the m~icipa'l limits of ~e' City of Delray Beach, Florida,
provided, hoover,, that if it should ag~ear, that such~serv~ce can be
perfo~eU more 'effeCt[Vely-ann 'e&~n~[6ax~y b~ P~[%a~e ~'~terPr'iSe :~hat
'~aid 'funet[bn may be dont~a~ted/-ff~= 'b~ 'th~ ~i~y.:On'an exC[uskVe fr'ang
'ch:~se, basis afte~' c~e~'t~e' b[~' ha~e :been .O~a'i~e~ ~here'~or'; and
.... ~S, "th'is action' is' d'eemed ~0'. b~ an e~rgency meas~e
;enacted ~f°r the i~edia~7~Prese~Vat~A' of the: P~liC ~a'c~, ~o~rty,
,heal~ and sa~et~ ~f ~' i~abi.%~n~S: of t~e ~itY' Of ~lraY' Beach,
Page 2 - ORDINANCE NO. G-578
Sanitation Department of said City.
NOW, THERE,)RE, be it ordained b~the City Council of
the CITY OF DELRAY BEACH, FLORIDA:
SECTION I: That Section 14A~9, Section 14A-11 and
Section 14A-12 of the codified ordinances of the CITY OF DET~AY ~EACH,
FLORIDA, are hereby repealed in their respective entireties.
~ECTI,ON 2: That the governmental function of collec-
tion, removal'and disposition of all garbage, trash and refuse (except
garden trash) within the municipal limits of the CITY OF DELRAY BEACH,
F~ORIDA, is hereby exclusively vested in themunicipa! government of
said City and all other individuals, persons° firms or corporations
are hereby specifically prohibited from'engaging in such practice or
business within the corporate limits of said municipality, and from
utilizing the publicly dedicated streets, alleys or thoroughfares for
said purposes, provided, however, that in the event the City Council
should determine that said functions can be performed by private
enterprise on s more economical and efficient basis, said Council may,
after receiving competitive bids therefor, award an exclusive fran-
chise to a private concern ~or the performance of said functions upon
such terms and conditions as are determined by the City Council, in
their judgment, to be most beneficial to the Citizens of the munici-
paiity.
SECTIgN 3: Repealinq ProviSions, All ordinances or
parts of ordinances in conflict herewith are hereby repealed.
S$CT~0N 4: Au.thoritV to_~odifv. This ordinance maybe
codified and incorporated into ~he City's existing co~e.
SECTION 5: Ppnalt¥. Any person, firm or corporation
violating any of the provisions of this ordinance sh~ll upon con-
viction thereof be punished in accordance with section 14A-13 of the
Code o$ Ordinances of this City.
SECTION 6} separability. Each of the provisions of
this ordinance are separable inclu~ingword, clause, phrase, or
sentence, and if any portion hereof'~Sha11' be declared invalid, the
remaining portion shall not be affected but shall remain in full force
and effect.
SECTION 7: selective Date. This ordinance is deemed
to be an emergency ordinance and shall become effective immediately.
PASSED and ADOPTED on this 23r$ day of N9vembpF, 1964.
MAYOR .'
ATTEST: