12-28-64 :DECEMBER 28, 1964.
A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the
Chair, City Attorney John Ross Adams, City Manager Robert J. Holland,
.. and Councilmen Emory J. Barrow, J. LeRoy Croft, Jack L. Saunders and
George Talbot, Jr., being present.
1. An opening prayer was delivered by City Clerk R. D. Worthing.
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 December 14th and special
meeting of December 18th, 1964, were unanimously approved, on motion
by Mr. Barrow and seconded by Mr. Croft.
3. There were no publkc requests from'the floor. " .
4. A roll call showed the following Civic Organizations and repre-
sentatives,to be in attendance:
Tropic Isle Civic Association Mr. William Mudge
Delray Beach Board of Realtors Mr. Andrew Gent
5. There were no public releases..
5.a. Mr. Em~r~Ba~row asked CktY Manager Hollahd -if he hadcont~Cted
M~.s. DOrOtha'Bauer concerniDg replacement of Palm trees that hadbeen
~:' 'City Ma~ager.Ho~land rePOrted that he 'had been'tothe' ~o~e' of 'Mrs.
'Ba~e~ and had' telephoned her Andhad not been able to contact her, but
that he would still give her the Adonidia Palm tree.
5.a. Mr. Barrow asked for a progress report_concerning feeding of
_prisoners at the City jail.
Mr. O. Wi Woodard, Jr. reported that Mrs. C. W. Vogler, Chairman
cE the Correction. Committee, was contacted following the last. Council
meeting, and that she. would, schedule a j$int meeting of Said committee
and'tbs restaurant owners_ ~or discussion'and a determination of What
the restaurant people are in a 'Position to do. Further, there would
be two other alternatives, so there would be three alternatives to
choose from as soon as said joint meeting could be held. Mr. Woodard
informed the Council that these alternatives would he -.o~e, what it
'~uld. ~=~s,t the' c~t~ to P~ovide ~' '=~rvioe itself~ two, ~h~t ~t Would
cost the city on the pr~or"setup of feed~ng~ and three, whatever pro-
pos=l th~ res~urant peopl~,.who previously., di~ not submit a price
quotation, would'~arm to.'submit .to the City.
5.a. Mr. ~albot asked, if ~t~..e. specifications on the sea wail at the
City Park ~ad been Put 'out for bids, and City Engineer Fleming said
they had.
Mr..Ta~o~"cO~tin~ea,' "I~ woUld ~e much more be.ef~$~l if': '~
could move ~the..~ea W~[i[ to-She east maybe twenty, twent¥-~ive' er
'~rty fee~.; and.i!'~U~d ~k~.i~e~m£se.i-on f.rom t~e: Counci~to-
.such. a drawing to col."schu.llt and discuss it' with him to see if,
Without toe mu~h delay or red 'tape, this cou!~ be done to a
Which Mr. Fleming and I Would'establish. on the map."
Mr..S&unders ~gved tp.gra.~ Mr. Takbot an~ci.ty.~ngiBeer Fle.m~ng
~th~t permisSiOn The ~0tion was Seconded~ by Mr. Barrow, and'upon call
ofroll, M~ Bar, row,-Mr, croft, ~. 8aunders and MayOr.Avery .VOted in
favor of the mo~!o~ and'Mr. Talb0t' abstained from vot£~..
5.a. Mr. Saunders asked the status of Lot X, Block 14, Seagate "A",
and City Manager Holland reported that there was work being done on
said lot at the present time which was almost completed. Further,
that he had caused some delay in the work during the Christmas
holiday because of the noise disturbance to area residents and visi-
tors.
The City Man~ger reported that another nuisance lot to the rear
of the Miramar Garden Apartments had also been taken care of.
Mr, Talbot asked the status of the legal procedure concerning the
abatement of spoil nuisance on L~t X.
City Manager Holland reported that a warrant was issued today and
served on Mr. Frank De Rice, reqqiring his appearance in Municipal
Court next Monday, unless the Council wishes to w£thdraw the charges
if the nuisance is abated this w~ek.
Following discussion, Mr. TaIbot moved that the action of the
Council, as indicated to the City Manager, be carried through. Follow-
ing discussion, Mr. Talbot continued: "I will try to make my motion
more clear. I move you' that theinstructions given the City Manager
be carried through until the nuisance is abated." The motion was
seconded by Mr. Saunders.
Mayor Avery commented: "The Chair would still like a clarifica-
tion. If the nuisance is abated, then it means no court action?"
Mr. Saunders said that was what he intended in seconding the
motion.
City Attorney Adams explained that the City Manager could instruct
the City Prosecutor to dismiss the charge if the nuisance had been
abated.
Mr. Talbot agreed that was the intent of his motion, and upon call
of roll, the motion carried unanimously.
City Manager Holland informed the Council that he had been advised
Mr. De Rice had made arrangements with the Municipal Judge that his
case would come up the 29th of January, as he'would not be in the City
next Monday.
5.a. Mayor Avery informed the Council that he had received complaints
from Delray Beach residents concerning the dredging operation in the
Intracoastal Waterway at the south border of the City limits of Delray
Beach. Mayor Avery said that when the dredge was working within
City last year, Col. Schull had been contacted with the request that
dredging operations not be carried on at night, and said request had
been granted.
Mayor Avery commented further: "I would like to have a motion
that the F.I.N.D. be petitioned to give us relief in this matter.
First, if they could put it off until after the season, it would be
wonderful, but if not, if we could get them at least not to drill at
night, there would be some relief. The last time, we passed a motion
that the City Manager contact Col. Schull to see what held he could
give us and Co]. Schull answered that the people had been instructed
not to drill at night." It was so moved by Mr. Saunders, seconded by
Mr. Croft and unanimously carried.
6.a. Concerning bids received for providing certain drainage, City
Clerk Worthing reported as follows:
"For installation of approximately 768 feet of 21" corrugated
metal pipe and 2 catch basins to provide for urgently needed
drainage of storm water in the area of S. E. 4th Avenue and
2nd Street intersection, invitations to bid were extended to
eight contractors - only one proposal being received:
Oneman Engineering Company -
Proposal "A" - For installation of 21" corrugated metal pipe,
storm sewer and catch basins, including all related work, as
called for in the plans and specifications - $5,135.88
-2- 12-28-64
643 ~
"Proposal "B" - For the same installation outlined above
EKCEPT that 8" corrugated metal pipe be substituted for
the 21" pipe - $3,906,88
The City.Manager and City Engineer recommend that award he
made to Oneman Engineering Company for installation of the
21!' pipe, as the 8" pipe is wholly inadequate to carry off
the storm water, as previoUsly stated by the City Engineer."
Mayor Avery asked the status of assessing benefited property
owners for this proposed drainage, and City Engineer Fleming explained
as follows= "It is possible, of course, to assess the benefited prop-
erty owners, we have, however, designed for a minimum amount of drain-
age. The area which is benefited all contributes to the point where
the water is picked up. It has been our policy, as you know, to
assess an entire area which drains to any point. As I explained
originally, this general layout'of the drainage for the entire area
had been designed previously, and money has been paid to the Federal
highway people to permit us to put our water into their lines. At
that time, a much larger drainage area was defined. What I am getting
to is that this is only a small portion of what I hope wil! eventually
be a large drainage area. I am a little reluctant to see an assess-
ment set up against these people at this time in such a minor amount
because, if I am correct, they cannot legally be assessed again at
such time when the entire area is drained properly."
May°r"A~erY '~sked:'~f'P~°Per~ies COUi~ be'ag'~es~ed''a second time
for drainage 'a~d cit~'Cl~=k:~or~hing r~Pli4~tflat-a~y 9r0perty could
be assessed tothe extent that it benefits from any improvement.
City Manager Holland said that in discussion with City Engineer
Fleming and Finance~Director'Weber, it had been determined that the
$3,9.06.88. 'is'~ ch&[ge fha~ could cdm~ fr6m'~he/aewer 0pe~a~'~ng fund,
as t~e condition was created.by the fagt that the ~torm water could
not continue 'to'empty =int0't~ ~anitary sewer, and the re~a~'ing
$1,229.00 could be a City £mprovement.
o6~i~g"a'i&&uSsi6~. : ._, . , Mr. Talbot'said hel.did..n0t s~e where, an"emer-
gency existed a.t tha~ .!ocp~on',..any.more "~an at LOwry Street, .T~omas
Street, SeasprayAvenue or Beach Dr'$ve, 'where there are
p~aints of storm .water backing..up on the streets' and lawns. Further,
t. hat he was i~ favor of an overall Storm s~wer program where the very
needy l°cat~o~-.'50~l~'be taken care of fie'~t.and t~e Overall s~tem
be inter-related.
~e history of the drainage situation at the S. E~ 4th Avenue and 2nd
s~ee~ loca~ion~
It WaS Pointed 0ut'eh~t'"alst9~m sewer design was b6inglp~ePar~d
for.Beach Drive,.in'6rder that.work.on same may proceed after this
~er sea's°,~s over..Mr. SaUnters asked how long it Would tak~' for
the CitY ~ngineer. t0 Wor~ up.a 9r09osalipo cover the bad-drai~age
areas in Del=ay Beach and see 'how much money it
.. City ~ngineer.Flemi~g sa~if'.the.:c0Unc~l was willing to accept a
q=ic~'est~te'°f'~a'me'with' re~°n~bl&'f~=e~,"-~e Could ha~e s~e in
a month or so '''" '
~.' Tal~0~t~ed 't~at ite~ 6.a. be'deferred'unti.1 the:City E~g~-
neer~.s study'~as.been.comp!eted'"affd Submitte~ to Council. The motion
wa~ seconded bY. Mr; .$~uDd:ers,'a~a .c~r=:[ed. Unan£mouSi9~ - . . . .
6.b.. "~Ohc6~n£ng~'~i'~al:aCcep%~n~&~f'clea~Y'Brothers.,'-co~tr~&t:-':~nd
aath°rizat£on',for ~inaI'Sett.!e~6n~;]'[.City Clerk Worthing read_the
fOllOwing, letter from'Mr;. D.'~. ~eff~r0j~ct Manager for Russe~ &
"Subject= Final settlement ~nd acceptance - Cleary Brothers
Contract.
1. Your ~onsUlting. engineers recommend final, acceptance of,
and final payment for ClearylBrothers Cons%~ruction ~o. Con-
tract with .the City of Delray Beach, Flor~d~, dated May 24,
1963.
2. Change Order No. 4 is attached for formal approval. This
document'provides for a final reconciliation of all 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, and he is prepared
to discuss them. Required performance 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. The entire system east of the
waterway is now in use and carrying, sewerage to the outfall
line.
5. Cleary Brothers have-assured me that they will maintain
close contact with your engineers, and will promptly handle
any legitimate and reasonable complaints, which may arise
during the ensuing year.
6. Cleary Brothers have cooperated fullY with yourconsulting
engineers, and are to be commended for completing a very diffi-
cult job, with excellent W°rkmanship, on time."
Change Order No. 4 for Cleary Brothers was unanimously approved
.on motion by Mr. Talbot and seconded by Mr. croft.(copy of Change (See Pages
Order No. 4 is attached to the official copy of these minutes.) 6~8-A
6.c. Concerning an appointment to fill a vacancy on the Pianning/
zoning Board, the'City Clerk read the following letter from Mr.
Kenneth jacobson, Chairman of the Planning/Zoning Board, dated Decem-
ber 18th, 1964=
"The Planning and ~oning Board wishes to recommend james H.
Scheifley be appointed to fill the vacancy of the board
caused by the death of Colonel AndrewFabens. Mr. Scheifley's
term would eXPire on September ~Sth, 1966."
Mr. Croft moved that Mr. James H. Scheifley be appointed to fill
the unexpired term of Col. Andrew Fabens, as recommended, the motion
being seconded byMr. Talbot and unanimOusly ca~ried.
6.d. A report of properties in violation of the City nuisance laws
was presented, and it was recommended, subject to the acceptance of
said report by the CounCil, that'~the City Clerk bedirected to comply
with the Code of Ordinances as applicable to this· survey report, in
order to provide for the abatement of such nuisances as determined to
exist. (Copy of said nuisance violation list is attached to the
official copy of these minuteS.) (See Page
Mr. Talbot moved that the City Clerk be directed to comply with
the Code of Ordinances in regard to said nuisance violation, list, as
recommended, the motion being seconded by'Mr. Croft, and unanimously
carried.
6.e. Concerning Mr. L. W. Cook's petition for rezoning of Lots 31 and
32, Block 12, Dell Park, from R-2 to C-1 zoning classification,~ Mayor
Avery repor~d that the Planning/Zoning Board recommended, by a three
to two vote, that said petition be denied. Further, if said petition
-4- 12-28-~4
was granted tonight, there was an Ordinance prepared to be presented
to Council for first reading, and if the petition was denied, that
would end the matter.
During discussion, it was pointed out that Mr. Cook had requested
an amendment to the uses permitted in C-1 classification, as well as
the petition for rezoning of his property. Police Chief croft said
Mr. Cook's property was located on a very bad intersection, and any-
thing"built~there would create a traffic hazard; further, before any
businesswas placed there, he would recommend that sidewalks and cross
walks be placed there and some consideration given to improving the
traffic condition atthat intersection.
Following lengthy discussion, Mr. Saunders moved that Mr. Cook's
petition be denied, the motion being seconded by Mr. Talbot.
During lengthy comments, Mr. Croft suggested that there be an
overall study Of the zoning in Delray Beach as he feels there are
many properties in Delray Beach that are zoned for uses that are not
feasible or sensible for their development. Mr. Croft further stated
that he felt it was time to hire a full time or part time Planning/
Zoning Director, as h~d been discussed in the past, and recommended by
the Planning/Zoning'Board.
Upon call of roli'to deny the petition for rezoning, the motion
carried unanimously.
7. There were no petitions and communications.
$.a..There being.'no ObjectiOn.to Resoluti0nN°~'1499~' passed. and
adopted on December 14th,'concerning certain street improvement,~
City Clerk 'W0r~h~ng presented RESOLUTION NO. 1503.
A RESOLUTION OF THE CItY COUNCZL 'OF .THE CZTY
DELP~_Y BEACH, FLOaIDA,. AUTHORIZING THE CITY
MANAGER TO PROCEED WITH THE OPENING, GRADING AN~
. PAVING OF THAT PART OF NORTHWEST SECOND AVENUE
LYING BETWEEN LA~. TE~CE'AND NORTHWEST SEVENTH
STREET
(copy.of ResolUtion No., 1503 is attached to the official copy of these
minutes.) (~®ei~age '6~8-F)
Resolution No. 15C3 was unanimously Passed and adopted on first
~nd final readin?,I on'motion by Mr. Talbot and seconded.byMr. Barrow.
8.b. There being, no objeuti°n.~to Resolution No. 150.1., passed and
ad~pted on December l~th, concerning certain street improvement~ City
Clerk Worthing presented RESOLUTION NO. 1504.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAy BEACH, FLORIDA, .AUTHORIZIN~ THE CITY
MANAGER TO PROCEED WITH THE OPENING, GRADING AND
IMPROVING OF. THAT PART_ OF HOMEW.OOD BOULEVARD
LYING BETWEEN HIGHLAND AVENUE AND LOWSON BOULEvARD.
(Copy of Resolution No. 1504 is aktached to the official copy of these
minutes.) (See Page ~8-G) .
Resolution No'. 1504 was unanimouslypassed and ad~pted on first
and final reading, on-motion by Mr. Ta'lb0t and seconded by Mr. Saunders.
8.c. City Clerk Worthing presented ORDINANCE NO. G-580.
AN ORDINANCE OF THE. CITY COUNCIL OF THE Cl~f OF
-DE~RAY BEACH~ FLORIDAp' A~NG TO THE C~TY OF
DELRAY' 'BEACH CERTA~ LOTS .-L~TED IN DELRAY BEACH
SHORES, WHICH LANDS ARE COB~I~GUOUS TO'EXISTING
,~.ItDIT~IPAL LIMITS OF SAID CITY~ REDEFINING. THE .
646
BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS=
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LANDS; AND PROVIDING FOR THE ZONING THEREOF.
(Nine properties in Delray Beach Shores)
(Copy of Ordinance No. G-580 is attached to the official copy of
these minutes.) (See Page 648-H'and 648-I)
There being no objection to O=dinance No. G-580, said Ordinance
was unanimously passed and adopted on.this second and final reading,
on motion by Mr. Saunders and seconded by Mr. Croft.
8.d. The City Clerk presented ORDINANCE NO'. G-581.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELPAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DEL~AY BEACH CERTAIN LAND LOCATED IN SECTIONS
21 and 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY~ REDEFININ~ THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~
AND PROVIDING FOR THE ZONING THEREOF, (Tropical
Golf Course, Inc., South Federal Highway.)
(Copy of Ordinance No. G-581 is attached to the official copy of
these minutes.) (See Pages 648-J and
City Clerk Worthing read the following Planning Board report:
"Re: Ordinance No. G-581, annexation of a parcel of land on
South Federal Highway now occupied ss a golf course.
The Board, at its regular meeting in the Council Chambers on
December 15th, 1964, unanimously approved to recommend to
Council that the proposed zoning as requested by the:appli-
cant be accepted~ that being the west 250 feet of this
parcel be zoned C-2 and the remainder R-3."
There being no objectldn to Ordinance No. G-581, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by'Mr. Croft and"seconded by Mr. Saunders.
Mayor Avery said there was apartment development contemplated for
this property just annexed to the City, and since it was dlrectly
across the highway from Mr. Sauer's proposed shopping center property,
suggested that the City Manager cause a conference to be held with the
City Engineer, the City's Consulting Engineers and the property owners
-of those two tracts of land in an endeavor to see what compatible
sewer operation can be worked out. It was so moved by Mr. Croft, sec-
onded by Mr. Saunders and unanimously carriedJ
9. There were no reports.
10.x. Mr. D. R, Neff, Project Manager for Russell & Axon, Consulting
Engineers, thanked the Council for the consideration and cooperation
extended to him, which resulted in.the early completion of the Sani-
tary Sewer Project.
10.x. Mr. Saunders moved that a Resolution be prepared, commending
Mr. Emory J. Barrow for his faithful and excellent service on the
Council for' the past two years, and that said Resolution be presented
at the organizational meeting the first Monday in January. The motion
was seconded by Mr. Talbot end unanimously carried.
-6- 12-28-64
· o ~- ~ ~ me~~ · ,..~on ~ ..... _,~a ~o ~'~-' __~mouS~ - _
~s ~0~' _... Be~u~- - '~5 ~0~ --~--
Direc~ .. oDen~u .-- of a~ar =~chea
10.% ~ 1965. _ ~& ~e~u, .... --~m~e~a~'- ~&-L an~
. c~ea~ _~ moyea. ~i..Ois~ng~~ 'i. for. ~' '~r~o~,
_~r~~ o~ ' Saunters _ .~r~ vo%~ , -
o~aea ~e=s 'an~ ~ ~_ vo~g- ' . _~ ~ha~ ~,_,;~ o~ the .,,,
~'~' - -~S%~''-' ' ' ,~ *-rme~ ~"
at t~ ~ Seuer, ~L'~we~ system,
co ~ 915 BSB BO0
. l, s'o;o°
~ 460 ~ _ .,, " , ' · ~,"' ".
~ 205" ' ~ - - - - '
~ 460 A ~ ~eco~ .. ~oft
' ' ~ . ':_~-* tho ~ _==~ S~t' ','
~anag~, 2.., car~,~.. - - -~e Co~ _.~act,
~.-- ~. ~-., . . · A~-~ · ~ ~r~ ,
10.x. City Clerk Worthing presented an-application from Mr. Daniel.
Price of the Atlantic Cab Company for a "Certificate of Public
venience" for one additional taxicab, and stated that Council may
either deny the request or, in compliance with Section 26 of the
Code of Ordinances, direct that a public hearing be ~ld on this
ap~lication two weeks from tonight.
Mr, Talbot moved that said public hearing be held, the motion
being seconded bY Mr. Saunders and unanimously carried.
10.x. Mayor Avery, on behalf of himself, the City Council, and the
City Administration, wished all the citizens of Delray Beach, and
everyone within the hearing of his voice, a very prosperous and happy
new year.
lO..a. City Clerk Worthing presented the Bills for Approval aa follows:
General Fund $ 121,158.80
Water Operating & Maintenance Fund 4,135.41
Water Revenue Fund 33,034.04
Refundable Depositw Fund 9,757.74
Beach Disaster Fund 500.??
Improvement Fund 5,800.00
Special Trust Account - Delray
Beach National Bank 29,759.31
The Bills were unanimously ordered paid on motion by Mr. Croft
and seconded by Mr. Saunders.
The meeting adjourned at 9=27 P.M., on motion by Mr; Barrow and
seconded by Mr. Croft.
City Clerk
APPROVED =
-8- 12-28-64
I, - WHE~_AS, the party of the FIBST PART' desires to amend the con~ract to
reconcile the final-quantities a~ constm'usted with the quantities as erigi~ally
bid, and ~ the final eon~rusted quamti~ea Are set forth in the final estA-
mate ( ~lmber 19' ), and ~ · discussion of the dif~eremee~ which exist between
the bid quantitiea and the oonst,ruoted quant~tiel ii attache~ ai Appem~* #A" to this
Change Order, and ~ ~th Final Estimate Es. ~9 and A~pendix--A# are an inte~'al
part-of this changb order, and ~ t~ia change order, when signed by al~ parties
thereto, sonsti~utes final' aeseptan~e by the Ctt~ of ~ Beaah, Palm Beach County,
Florida~ of ~11 work carried out under this con~ract.
II. THErEFOr, the pArt~..of the B~O~ PART agrees that this final recom-
ciliation change order s~per~e~tes az~ and all previous ~orrespondence or verbal
agreements regarding deletion~ or addition~ to the e~ope of the work carried out
un~er this con~ract~ and the partly of the ~01~ PA~2 further agrees that all quanti-
ties and prices show~ on the attached fizal estimate are oorreot, and that the amount
of
Fifty-seven Thousand Two Hundred Eighty-seven Dollars and Fifteen
Cents ($57,287.15)
payment, including retainage, materials furnished and
¢o~titRlt~$
final
for
work performed under this contract, all in acoordanee with the terms of the original'
amtinued..oo.
City AttorM~ City MAnager
~ C~ange Order No. $ to contract with Cleary Brothers
Construction Oo., fo~. constructic~ of a Sewerage Works Project
for the City of Delr~Y Beach, ~lorida.
1. The put, se of this appendix is to explain the reasons
for .the variations in quantities and paymentsbetwe~ those carried
on the original contract, and those carried o~ the final estimate.
2; A variation Of $$0OO or less is considered to be well
within normal expectations. Accordingly this appendix will dis-
cuss in deta~.l only those items which vary by more than $~000.
3. Item 79 to 8? inclusive, cover stage excavation and
backfill. It will be noted that in general, the shallo~ cuts
under-ran and the deeper cuts over-ran.
The primary reasons for these variations are set forth below:
a. It was necessary in some areas to establish
the sewer grade at a lo, er elevation than
originally planned, in order to clear storm-
sewers and underground utility ducts.
b. In many areas it was necessary to excavate 2
ft. of swamp muck below the pipe grade in or-
der to proVide for a backfill of cru~hed rock
to secure a stable bedding for the pipe.
It shall be noted that the net over-run of Item 79 to 87, when
balanced against the under-runs, amounts to approximately $11,000.
$4300.~. Item 88 covers 8" V.C. Sewer Pipe. This item under-ran
due to revision of some M~ins & Laterals. In most cases
the size was increased to provide future capacity in keeping with
the commercial development of the area. It will be noted that
Items 89 to 92 consisting of 12 inch to 21 inch pipe increased
$1700. as a partial compensation.
Appendix to Change Order No. ~, Cleary Bros. Constr. Co. Page -2-
5. Item 93 and $~ cover & inch and 6 inch house service
connections. It will be noted that the & inch connections un-
der-ran, amd the 6 inch connections over-ran. The under-runs
in 4 inch connections, partially compensated for the net over-
run in 6 inch connecti~s. Tha_.over-run, in part, results from
the increase in tha long house s.ervices crossing A-1-A at the
south end of town. The balance of the over-run resulted from a
forward look at all areas where it appeared reasonably certain
that commercial development would take place. It was a matter
of sound overall economy to initially install larger service
connections in such areas, rather than be forced at a later date
to replace inadequate ~ inch lines.
6. Item 95 to 106 inclusive, show only minor variations
which more than compensate each other. (Net under-run).
?. Item 107 is miscellaneous concrete in sewer trench. This
item over-ran because of the speci~cation requirement for encasing
sewer pipe in concrete, ~here rock or utility ducts makes it neces-
sary to place the pipe less than 3 feet below the surface of the
street.
8. Item 108 is crushed stone for sewer pipe bedding, This
major over-run resulted from the necessity to place 2 feet of
crushed stone under the pipe in all muck areas in order to pro-
vide a stable bedding for the pipe. This could not be accurately
anticipated in the original design. (See Par. 3 above).
9. Item 114 is reinforced concrete pavement replacement.
This item over-ran because of the State Highly requirement to
place a reinforced concrete base over the 32 ho~se connection
crossing on A-i-A, and over the crossings of Atlantic Avenue.
10. Solid rock excavation following Item 116. This item of
approximately $95,000 constitutes the major over-run on this con-
tract. The specifications establish a price of $15 per cu. yd.
However, no money was set up in the original contract, as it was
not possible to determine in advance what quantities of rock would
be encounb ered.
11. The amount of over-run as covered by this fiml recon-
ciliatic~ agreement is $154,335.20 of which $95,O10.00 is rock
e xcava% ion.
12. This Appendix consisting of two pages is agreed to by
the contractor and the Con~lting Engineers.
RUSSELL & AXON CLEARY BROS. CONSTRUCTION CO.
CONSULTING ENGINEERS CONTRACTOR
By/s/ R. D. Neff BY.. /s/ C~rtis Cemdill
D j R. ' Neff
Project Manager
648-E
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 & 15-4 OF THE CITY CODE
PROPERTY CITY
O.WNER ADDRESS DESCRIPTION CODE
1.
Georgia W. Pittman P.O. Box 745 Lot 14 & W 30 15-3
Delray Beach, feet of 15,
Florida Block B. Pine-
ridge Heights
2.
Deva Inc. P.O. Box 2076 Lots 18 and 19, 15-3
Delray Beach, McGinley &
Florida Gosman
3.
Evelyn M. Bitner Rt. #2 Lot 44, Block 15-4
The Great Road 5, Seagate Ext.
Princeton, N.J.
4.
W~. A. & Mildred % T. H. Bates, Lot 17, Block 15-4
Giffhorn Central National 5, Seagate Exto
Bank of Cleveland
P. 0. Box 6179
Cleveland l, Ohio
Naomi Richey Bliss 25 Gleason St. Lot 18, Block 15-4
Delray Beach, 5, Seagate Ext.
Florida
6.
Ernest C. & Elo~a 3660 Hennepin LotS 1 & 2, Block 15-3
Styberg Place, North Bay 1, Ida Lake
Racine, Wisc. Terrace
Rose D. Sleeman 129 East Broad St. Lot 21 and E. 15-3 &
Linden, Geuesee overgrown part 15-4
Co., Michigan of 22, Block
8. ll8
J.W. & Adele Rt. l, Box 56-H Lot 30 & E. 35 15-3
Richardson Indic, Calif. feet of 31 - Delray Beach
Violations 15-3 and 15-4 as concerns this report Esplanade.
of above listed properties are as follows:
1. 15-3 Storm damaged trees.
2. 15-3 Storm damaged trees.
3. 15-4 High weeds along sea wall,
4. 15-4 High weeds along sea wall.
5. 15-4 High weeds along sea wall.
6. 15-3 Storm damaged trees.
7. 15-3 Dead tree limbs - high weeds. 8. 15-3 Storm damaged trees
15-4
Submitted to the City Council by the City Manager
on this 28th day of December, 1964.
R~SOLUTION NO. 1503.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PROCEED WITH THE.OPENING,
GRADING AND pAVING OF THAT PART O~ NORTHWEST
SECOND AVENUE LYING BETWEEN LAKE TERRACE AND
NORTHWEST SEVENTH STREET.
WHEREAS, the City CounCil of the City of Delray
Beach, Florida, did on the 14th day of December, 1964, by
Resolution No. 1499, determine, to proceed with the opening,
grading and paving of that part of Northwest Second Avenue
lying between Lake Terrace and Northwest 7th Street to a
width of twenty-four (24) feet.
wHEREAs, the Resolution providing therefor has been
duly published as required by the City Charter, together with
a notice that objections to said improvement would be heard,
and
WHEREAS, no sufficient objections have been made to
such proposed improvement
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City~ of D~e. lray B~ach, F!orida, that the .City Manager
be and he"~..i'~ ~,~febY'in$'t;~.~dt~d"to Pr~°cee~d Wi~h.~the opening,
grading a"i~d: ~avt~[?~' ~hi~' part' ~fi' N0rthweS'~ ~.'seco~0 .Avenue
lying bet~iPe~i..~k&"'iTe~ra??'''and :'~o~thwes~' 7~h: s~ree'~' {o a
copy ther'~"~-'~iim:~ .~£~'"¢2h~'o'f~ide'' of the City Manager and kept
open for the inspection of the publico
December, 1964.._
MAYOR
ATTEST;
"/s/~. D. W0~ZN~
City. ,Clerk
RESOLUTION NO. 1504.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA' AUTHORIZING
T~E CITY MAN~GER TO PROCEED WITHTHE OPEN-
ING, GRADING AND IMPROVING OF' T~AT PART OF
HOMEWOOD ~OULEVARD LYING BETWEEN HIGHLAND
AVENUE AND LOWSON BOULEVARD.
W~EREAS, the City Council of the City of Delray
Beach, Florida, did on the 14th day of December, 1964, by
Resolution No. 1501, determine to proceed with the opening,
grading and improving of that pa~t of Homewood B~ulevard
lying between Highland Avenue and Lowson Boulevard to a
width of twenty-four (24) feet.
WHEREAS, the Resolution providing therefor has been
duly published as required by the City Charter, together with
a notice that objections to said improvement would be heard,
and
WHEREAS, no sufficient objections have been made to
such proposed improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Delray Beach, Florida, that the City Manager
be and he is hereby instructed to proceed with the opening,
grading and improving of that part of Homewood Boulevard
lying between Highland Avenue and Lowson Boulevard to a width
of twenty-four (24) feet according to the plans and specifi-
cations heretofore filed with the City Clerk, and a copy there-
of filed in the office of the City Manager and kept open for
the inspection of the public.
PASSED in regular session ~n this the 28th day of
December, 1964.
/s/ AL. C. AVERY
ATTEST: '~
Is/R.
City Clerk
ORDINANCE NO. G-580.
AN ORDINANCE OP THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LOTS LOCATED IN
DELRAY BEACH SHORES, WHICH LAND'S ARE CONTIGU-
OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~
REDEFINING THE BOUNDARIES OF SAID CITY TO IN-
CLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LANDS~ AND PROVIDING FOR
THE ZONING THEREOF.
WHEREAS, the owners, by their petition have consented and
given permission for the annexation of said lands hereinafter de-
scribed by the City of Delray Beach, and
WHEREAS, the City of Delray Beach deems it to be in the
best interest of its citizens, and has heretofore been authorized
to annex lands in accordance with Section 185.1 of the City Char-
ter of said City granted to it by the State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That..the City Council of the City of Delray
Beach, Pa--~m ~cg CountY,' 'F10~iaa'," here~'y' annexes to said City'
the folio?lng, describe~ lands located,, in Ii~LPJ4[ BEACH SHORES, per
Florida,:
Lot. 57= and
.. ~'e~'; .... - -'
SECTi'~Ni2".i Tha~' ~he boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein
the above described la'nde,' and s~id la~ds are. hereby declared
SECTION. 3.. That the. above, identified lots in
~e. ach..Sh0~e.s
a-s defineCd' by' ekis'~hg: 6rdi~a~es ~f ~he City of Delray Beach,
Plorida
' ~ '/'S~.cT~'4.' t"Tha't ~he la'nd-s hereinabove':'d~s~rib~ s~ail
.i~munitle .s.; ['
'ot~ligatiO~s;"'.ii~bilit%es'~; 6~i~ance'~' a'~d' 'iaws ~o':~hich lands in
the City of'.D.~..Iray' Beaok are now-or may be, and
thereon j~h~/"be.~'t~e~%m[~.'C~tizehs: ~f the C~ty .o~ personsDe.iray Beach.residing
('
Page 2. ORDINANCE NO. G-580. · '
. SECTION 5. That if any word, phrase, clause,, sentence
or part of this ordinance shall be declared illegal by a court
of competent jurisdiction, such record of illegality shall in
no way affect the remaining portion.
passed in regular session on the second and final reading
on this the 28th day of Deoember, 196~.
/s/ AL. C. AVEEY ~h¥OR
ATTEST:
/S/ R. B. WORTHING City Clerk
First Reading De~em~r 1~, 1~64
Second ~Readin~ ~cembe~ 28, 1~64 .......
ORDINANCE NO. G-581.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OP DELEAY BEACH CERTAIN LAND LOCATED IN
SECTIONS. 21..and 28, TOWNSHIP 46 SOUTH, RANGE
43 ~AST, WHICH LAND IS CONTIGUOUS TO F2~/STING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS 'OF
SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, THE TROPICAL GOLF COURSE, INC., a Florida
Corporation, is the fee simple owner of the property hereinafter
described, and
WHEREAS, THE TROPICAL GOLF COURSE, INC., has petitioned,
consented and given permission forthe annexation of said property
by the City of Delray Beach, 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;
row, THEREFo e;" BY THE cITy COUNCIL OF
THE CITY OF _DEL~AY BEACH, FLORIDA, AS FOLLOWS:
SE~°N:~I. ':~at ~he 'city C~cil' 'of i. the'city of Delray
Beach, Palm~Beach.c0unt~,'F10rida,'-herebY:anne~es~.~o ~id City the
following described, tract0~'la~d 'lOcated in'~lm B~h County,
Florida, which'lies ~°n~igu0us-~o' saidcitY,, to,Wt~:..
ship~46s°uth, a~nge..i~3 'Eas~,iP~h"aeech .~unt¥,
FlU~iaa~~ mo'reparti~l~lY:des~i~e~:~fid~un~d
as follows~
_ . N rth by the.extension of the 'North
of Si, Mon ' LA o
d~Vision of the West half of Section 21, Town-
ship..~G south, R~nge 43 East, according to the
plat~thereof recordedin Plat Book 1, 'Page 128,
... "- p6blic-RPc0rdS.of Palm Beabh County,.Fiorida'~:
on the South by the North line of Tract 3, Re-
vised Plat Portions of Sections 28 and 29,
Township 46 South~ Range 43 East, Palm Bea6h/.
C'°'UntY';'F10riaa,'~e~0~ded'i~-Plat BOok '1~~ Page' .'
"$~, ~u~iic ~ec°raS'bf'"'Paim Beach County;~lori~a;
On thp~:East b~ the West line of Lot 31 and
Block 2; of said MODEL LAND COMPANY, S suBDi~IS~0N;
and 'its southerly extension, and on the west by
~he easterly right,of.way line of State Road No.
(~'S2'HighwaY:'No. 1) a~ shown on State Road De, . ' '
pa~%m~nt'rig~t-ef=waY map%';~ec0rded in'ROad:Plat
~aZm~ea~htc~Unty,~Fl~rida~ -
~ECTI4N i~ iTn~t:~h~-:boUndari~s O~ the City-of Delray
Beach, Zlorida,'.:~r~"hereb~e~e~Xned ;So-~S toin~iud~:~herein
the above de;~d ~ac~';~"l~nd~ ~n~:'Said iandis'~e~%y de-
clared to be ~'~thin the corporate limits of the City of Delray
Beach, Florida,
648-~
Page 2. ORDIZ~NCE NO. G-581.
SECTION 3. That the tract of lan~'hereinabove described
is hereby declared to be zoned as follows: That .partthereof ly-
ing East of the easterly right-of-way line of State Road No. 5 for
a depth of 250 feet to be placed in the C-2 classification, and
the remainder of said tract to be placed in the R-3 classification.
SECTION 4. That the land hereinabovedescribed shall
immediately become subject to all of the franchises, privileges,
i~munities, debts, obligations, liabilitieS, ordinances and laws
to which lands in the City 6f Delray Beach are now or may be, and
persons residing thereon shall be deemed citizens of the City of
Delray Beach.
SECTION 5. That ifany word~ phrase, clause, sentence
or part of this ordinance shall be declared illegal by a court
of competent jurisdiction, such record of ilIegality shall in no
way affect the remaining portion.
Passed in regular session on the second and final read,
lng on the 28~h day of December, 196~.
/s/ AL.'C. AVERY
M A Y O R
ATTEST:
/87 R. D.
city. c~e=k
P'irst Reading Degember 1~,~1964
second Reading Decembe~ 28, 1~64
CITY OF DEL~Y BEACH ~
DEL~Y BEACH, F~RIDA
December 2~ 1964
~. Robert J. Holland, Ci~ Manager
City of Delray Bea~
Delray Beach, Florida
Dear ~. Holland:
"~ Attached is analysis of insurance bids for 1965 received
· by the City, opened and tabulated in the City Hall at 10:00 A.M.
ti today.
It is our reco~unendation ~at ~e following awards be made,
which in each instance is the low bid-
Comprehensive General Liability
(Including Personal Injury)
Beery & Brown Agency $ 7,082.00
Workmens Compensation
Beery & Brown Agency 17,487.03
Comprehensive Au~ Liability
(Including Physical Damage.
Beery & Brown Agency 6,539.00
Employee Blanket Bond
Gracey Bros. Agency 294.00
Treasurers Bond
Weeks Agency 216.00
Volunteer Fire Depar~ent
Gracey Bros. Agency 105.00
Auxiliary Police
Robert C. l~y Agency 69.70
$ 31,797.00
Resp~.ctfullySu~mltted,~
~ '~omas E. Weber
'" Director of Finance
Harvey Brow~
Supervising Agent
· --e a ·eclu-t' ~'
-actUa~ th~oug~ ~-~at~On, ~_.ence w--
6k,.8-o
City Council December 22, 1~64
Page two.
I heard the various reasons advanced for lmaying Russell & Axon
the disputed fee, and although the reasons are extremely per-
suasive fro~ a policy standpoint, they are not, in my opinion,
sufficient fro~ a strict legal standpoint. Some of the reasons
indicated were as follows~ The first was that Russell & Axon
has supervised the construction of the first phase of the sani-
tary sawer in an apparent superior manner, and plans are that
the same firm will be design and consulting engineers on the
.various extensions of the sawer system as well as t. he water
system. By receiving credit for the construction heretofore
completed, it would certainly be to the City's advantage to
retain this firm since the fees will henceforth be calculated
on the minimum scale of projects in excess of $2,000,000.
Therefore, future relations with this firm might well de~end
on how this particular matter is handled.
Another factor that was considered was that firm's offer to repre-
sent the City and attend conferences with the Housing and Home
Finance Agency (at no cost) regarding a $24,500 loan made to the
City in 1946 for planning a sanitary sawer system which was
never constructed. As you know, a recant law allows the Adminis-
trator to require the City to repay only the proportionate part
of the amount according to the percentage of the plans actually
used on the subsequent system. It is obvious that Russell &
Axon could play a major role in this proceeding since it is hoped
to show that only a small percentage of the plane were actually
used.
The final factor which I recall that you considered is that
Russell & Axon claims the intent of the parties at the execution
of the contract was in line with the intent advanced by Russell
& Axon, and therefore the only moral thing to do is pay them
according to their interpretation.
We have searched the records for some expression of the intent,
but can find nothing in the minutes other than the authoriza-
tion of the contract. In the event of litigation, I feel cer-
tain that the Court would find the intent merged in the written
agreement, and to reiterate, the contract seems clear, but there
would naturally be a cost to the City to defend such a lawsuit.
I am certain that whatever decision you make will be in the best
interests of the City.
Respectfully,
~John Ross ASams
City Attorney
City Council
City Manager
City Clerk