08-12-63 260-~
AUGUST 12, 1965
An i.~al meet£~g of f~e City .~.'~.ciX_ o£..D~.l~.a.~
~acobsOa,~d ~ice c~e~ ~. C. C~o~ val'~la ~n ~ne ~~
at 7:00'~.~,, with'~r Wal~er'D~etz in't~ ~ir, City#~age~
~bezt '~ ~ll~d, City ~t~orney ~o~ ~ss ~d~s, ~ Co~en ~1 C.
~h~S' ~$1~ss~on ~s to ~te~n info--at,on ~r~ ~t~ ~acob~n
rega~d.~r~nt of ~1 ~ae~l~t~es at the C~ty ~a~' It was
de~d ~vSa~ to ~e a brief s~ar~ of the alternatSVe s~tuat~on
~nted ~i ~°l~s: ,
"Th~a~ sch~l ~e ~o~ar~ed to the C~ss~ at t~ last
Sch~ A, ~ich wa~ sti~te~ ~t with, ~uld ~pIy f~ four m~
cells.· ~.~S w~s ~at ~ thought at t~ t~e ~ul~ ~ a ~,~d~: ~lution.
Schwa B ~s ~at ~re ~om~ic~l, ~iCh was ~ eight m~
cells. Both cE these schwa ~ all th=es of th~ carry~a day
which is ~ ~ercise
Schwa C, which.was two-eight man cella, after ta~ing with the
C~ty: ~age= ~d ~ce ChiefC~t, was dec~ded es' the o~ to present
to yoB.
I did get a brea~ ~ that' which wis fo~rded ~ you and I do
have it in more deta~l~ fo~ here. .I th~nk a lot of time can be
saved ~cau~ ~n the ~t~e, I cOmsu~ted with ~e City M~ager and
Police Chief,, ~d as ~. Bar=~ sgid, 2he~ w~ted to get d~n in the
cost as much as they c~ld. After ~ing a~l over it with the Police
Chief, it ~s decided ~at ~' ~ul~ ~ satisfied wSth one big.
~hich ~u~ el~inate a ~t o~ grill ~rk as a do~itory type~ Also
in jail construction, ~ ~ld try te ke~ the cells away from the
windows because of the pase~ of contralti though the windows..
A Schwa D was pr~ared, which you do not have, with the t~ught
in mind that i~ates could be selected. ~is schwa t~el in conside-
ration exactly ~ere ~e partitions are at the present ti~ and we do
have to c~y with t~ ~de. In FLre District ~e, you have to have
a four hour resisting const~ction baleen t~ present ~ea and the
other part of the building, If ~u are not in Fire Distr~ct One, you
can get by with a ~o hour. In any case, it ~$ a-protection of
s~e sort that ~uld profit fr~.. the outside, Here ~ have a two
inch ~nite c~ent ceiling and also t~ Er~ework; as you see here on
the west ~11, there is a ~ay and this ~uld have to ~ a
tel d~r ~d ~tal fr~ as it is a' second exit to the do~tory.
the east ,~t, ~u ~11 fi~ al~ a new metal ~r ~d metal
On those fr~ed partitions, we e~ect to put wire ~sh and uunite the
ceiling, as it ~s all f~d. On t~ n~thwest corner, ~u will find
an e~aust fan. which will ~11 the air through the present wi~s,
which w~ll be,barred. There is a toilet ~ bet~en this area
the present jail, Which We would like to r~ve, and the res~ of that
space ~ld be for the existing a~liary ~it~ we could close that
'opening a~ come into that area from the exterior to the south. We
have to provide for toilet facilities and s~ers, wBich ia all on
that east wall. This sol~ti~n is ~pro~ed by y~r Fire Chief, from
t~e point cE operation. '.~ I"ll ~er any ~estions."
Me, or Dietz=' ',~ y~ have' ~ estimate on th~s
Mr. Je~hs0n~ "Roughly, it ~uld be beZ~en $7,000 aha $8,~00.
eeedi~ on Seh~s A, B ~d ~ wee with g~ sound jail design, but
' it is a' ~t~er of selecting the i~ate8 there that could go into some-
8/12/63
260-B
rather than normal jail construction.
This improvement would provide fo=':double bunks-which, under goo~
jail construction, w~uld give .M~u about 500 c~bic feet per inmate,
and we do not have quite tha~ much for sixteen, it'.depends on how
much fan we. can get there and exhaust it through. For good design,
ten w~uld be fine here, maybe tWelve would Be fine and possibly
fourteen."
Mr. A~ery: "By selecting your prisoners, Chief, do you think this
would b~ adequate for your expansion program?" Chief Croft agreed
that it would.
Mr. Jaoobson~ "We have 19 x 31 feet for the 'dormitory construction,
not including some other 5% x 20 and 11 x 5 feet of other areas,
which would amount to about 754 square, feet. This is existing con,
struction, half under the. present two-story building and half of it
is out, 'all being framed in the roof. What we are doing with the roof
is puttings two hour resisting ceiling roof in' there. Also, the old
wall will be guni~ed. The masonry construction will not' be gunited.
We woul¢.hav~ to put cement topping as the floor is bad and a drain
would have to be p~t in to hose it out. PlumbXng fixtures from the
existing t~ilet could be salvaged, but Some new ones would have to be
purchased to provide a shower. In most jails, first offensers will
try to do some damage, but do not know if that condition prevails
here."
Mayor Diets= ."The fall is the time we. become taxed for addition&l
facilitlgs in the ~ail. This imPrOVamen~prOPosa! Would have~to move
along as time is needed to b'id~it o~t', '~i'~ now iS'JUSt anestimate
and could not be approved until bids were Submitted."
Mr. =acobeon~ /The b~nks i. the P~ro~ :~m~=ovem~nt' of ~ail facili-
ties should-be permanent fixtu~e~ and~'~h0dia'b%~ included' 'ia the es-
timate, of this construction, 'Ifsi~te~n bunks can be~ pieced at this
time, We should ha~e at least this many SO'~8 to accommodate as.many
as we can rather than'~h~vi~g ~nmates ~eepingon the floor." ·
Mayor Dietz.~ ~Ac~lon should be taken to authorize..Mr. Jacobson to
proceed~ith plans and s~e~fication~ so 'bids-may be s~bmitted on
~lan B, wit~ bunks for Sixteenand utilisin~ the.presenttoilet fix-
~tufas as.much as possible, and t~ cheapest of any alternate that can
be rigged up."
Mayor.Diets discussed the possibility of saving $40,,000 a year by
re-orga~izing~our Trash Department, commenting as follows~ "To do
that, we are going to have to do certainthings. We are not getting
anywhere where we are now, we are like on a treadmill. First, we have
to.decide as a Council, which s~ams sort of ridiculous as we have an
Ordinance on the books~ but we have ~o d~cide whether we want to en-
force it or not. That is Section 14-~, 1 to 6, pertaining to trash.
In essence, it amounts to this - that the property owner that cuts
his own gra~.S.would put the Clippings into'some kind of container and
then throw it on a bunchof 'fron~s which'in turn makes it hard to
pick up, and this wastes time picking up'the trash. No other trash
other than fronds and a~ container with grass clippingswould be al-
lowed on ~he parkwaya.~ In colored town, there are all kinds of ma-
terials ly~ing in front of a house. I propose also in this that the
garbage cans be handled the same in the western section of to~rn as in
the eastern, mainly in back of the house. ~e have been trying to
clean up S. W. 14th Avenue, so we have got' to educate them'. That will
mean the trash people will pick up only grass clippings and fronds.
The commercial gardener or caretaker will have to remove his own grass
clippings and not leav~ it for the City to collect. They are in favor
of this if it applies to all equally. Building materials are also not
considered, household trash. With those modifications, we can really
~edite this thing and give our fellows a,couple of long handled
£orks. and take this monster, this tra.sh'ma~ter, costing us considera-
bly, rather than having the'trash master-~d several little trucks
- 2- S/12/6 3
gO~
26O-C
picking up small piles. The trash master should he use~ ~o pick up
just heavy objects that the men cannot lift. Where th~i~' are heavy
objects, they would celI the City Hall and an appoi~tm~t:would be
made at the convenie~lce of the Department to pick u~ 2h~s material
with the trash master. The State this:year has'incr~ase~ it~.regu-
iations on sanitation and it is a~ainst"the la~ to take a wrapger of
even a loa£ of bread, Section 17-28 of our Ord/na~de gives ~he City
wider latitudes than formerly because the ~tate ha~' tightened oh their
regUlations.
I would like for the City of Delray B~&ch ~o enforce its SeCtion
14-A, 1 to ~ and. I would like the permissiO~ Of ~he council 2o ~ork
with the City Attorney to draw up these thoughts in a legal f~'ana
I, Mayor Dietz, will guarantee a $40,000.00 per ~ear saving oh this
kind of handling. It will reduce the load onthe City, the st09~
will be short and quick, we would not be digging it ~p or piling it
on somebody else's lot, which is against the law. There is a $500.00
fine ~for piling trash on someo~eelse's property. It is certainly
worth trying to save $40,000.00. We can probably do this With less
employees, and the present.funCtion did not work when~mitzes ~as
here nor. since Bob has been here, alth?ugh it isa little improved.
If we have a good garbage set-up, there is no reason why we cannot
have the san{e for trash collection."
.Mr, Woodard stated that anything that would make a better trash
se~-up would be good and suggested putting th£s on the agenda for the
next meeting.
Mayor Dietz stated he would like to work with the City ~ttorney
and t~e City Manager on this to get it in shape.
He also read part of a letter to Mr. R. P. Murphy, Supervising
Sanitarian of the Board of Health in this area, i~.compliance with
having already done a good deal of study on this problem.~
'Mayor Dietz, in an uno~ficial capacity, appointed a committee,
consisting of Julian Wells, Ralph Hughson an~ C~ncilma~ Emory J.
Barrow to draw up a Code for air cond~tioning which would protect the
citizens of the City of Delray Beach.
The meeting adjourned at 8=00 P.M. by order of Mayor Dietz.
261
AUGUST 12, 1963
A rep~lar meeting of the 'City coUncil1 of Delray Beach was held in
the Council Chambers. at 8~00'P.M., with Mayor Walter~ D~etz in the
Chair, City Manager Robert J. Holland, City Attorney John Rcs8 Adams,
and Councihnen A1 C. Avery, Emory J. Barrow andO!iver W. Wo~dard, Jr.
being present.
1. An opening prayer was delivered by City Clerk R. D. Worthing.
2. The minutes of the regular meeting of July 22nd were unanimously
approved on motion by Mr. Woodard and seconded by Mr. Barrow.
3. There were no public requests from the floor.
4. Mr. Barrow read the following Beautification Committee. minutes of
July 25, 1963=
"For the purpose of clarification, Chairman Merritt read the
following terms of office of the Committee members~ Term
expires January 1, 1964~ Ken Ellingsworth, Charles Toth and
Mrs. F~ank Carey. Term expires January 1, 1965~ Mrs. Gladys
Little, J. B. Smith and Bud.Merritt. Term expires each Mear
as new officers are elected; Board of Realtors, City Council,
Men's Garden Club, Council of Women's Garden Clubs.
After considerablediscussion, a motion was made by Mrs. Bowen,
.seconded by Mr. Galinat, that the .Committee .strongly recommend
to ~he Council that the road to service the main sewer lift
stationbe moved from the center of the City Park, .eastwardly
to the edge of the Intracoastal Waterway, since a road bi-
secting the park would materially detract from its beauty and
be a hazard to children playing in the park. Additionally, by
adding fill, and constructing the road along the edge of the
Waterway, this objectionable.area would be cleaned up. Motion
passed unanimously. (Council action)"
The location of the road to service the main lift station will be
discussed under Item 6.d. on the agenda for this meeting.
4.a. A roll call showed that the following Civic organizations and
representatives were in attendance:
Board of Realtors Mr. Paul Ledridge
Tropic Isle Civic Association - Mr. J. H. Scheifley
League of Women Voters Mrs. Frank Carey
Business & Professional Women's Club Mrs. Alyce Husa - 3 members
present
Veterans of Foreign Wars Mr. C, A. Bingham
5. City Clerk Worthing read two letters, from Mr. & Mrs. LaVere H.
Kopp of Mt. Rainier, Maryland, under date of Auqust 1, 1963, and Mr.
Eric Audaer of Riviera Beach, Florida, also dated August 1st, both
expressing appreciation to the City Manager and City forces for ser-
vices rendered under the. City's lot clearing program.
5. The City Clerk read the fo!lowing letter addressed to the~City
Manager, from Mr. C. Spencer Pompey, dated July 24, 1963~
"May we, on behalf of all of the workers in the Palm Beach County
Schools Summer Educational Enrichment Program and the more than
600 participants registered at Carver High, Teen Town Center and
Spady Elementary, thank you and the City Recreation Department
for the assistance given us all in the program this summer.
"T~e use of Teen Town Center, its workers and facilities, to say
nothing of the purchase of materials for the fine work done in
the arts and craftphase, and-the swimming program conducted at
Teen Town Pool, in which more than 100. participated dailyat no
charge, were sources of enrichment for all' of us. We, every, one
of us, are eternally grateful to the City of Delray Beach and to
you and the members of the entire staff of both Teen Town Center
and Teen Town Swimming Pool for what you have done.
May we add, in closing, that the cooperation of Mr. Daniel Ed-
monds, who worked closely with each of the three areas, and Mr.
· oby Ware, at Teen'Town'Poo~l, made easier our work and contri-
buted greatly to the success of the fine program during the
summer.
Again, may we tender the thanks of all of us in the program for
all that was done to make this one of the finest programs we have
had here, and may we hope that this expression of thanks to you
· and the City will warrant this type of support in future programs
for the'residents'here.'!
5. City Clerk Worthing then read .the following letter .addressed to
Mayor Dietz from Mr.' Theodore B. Bleecker of. Charlottesville, Virginia
dated July .16, 1963:
"I was very much u~set to learn that Ordinance G-485 had been
.tabled after the first reading and a ~ewOrdinance G-492 had
been ~substituted in..its place. While I do not know the contents
of this new Ordinance, my friend-and next door neighbor, C. D.
Russell, says he doesn, t like any part of it and has withdrawn
his application for annexation. I heartily agree with what he
is doing and will go along with him 100%.
one of ~th6 ~dvantages offered to those who .applied for annexation
was.~6'lice protect£oh.. After reading about the vandalism that
has taken place in houses on the ocean within the city limits, I
do not think City police protection is worth the increased taxes
we would have to pay.
I hope you, as Mayor, "will make every effort to see that those
young;'hoodlums are severely punished and that their parents are
made to pay for the damage they have done, not only to the houses
involved, but to the good name of Delray Beach.
I would be .very glad to have you read' this letter at the next
meeting of the City Commissioners, which I believe is on July
22nd."
5.a. The City. Clerk read the City Manager's Budget Message, dated
August i2, 1963, pertaining to the proposed budget for 'the City of
Delray Beach for the fiscal year beginning~t~ber 1, 1963. The ~ro-
posed budget was also ~submitted, for Counci~l-.~review and adoption not
later than the first regular meeting in ~September~
5.a. Mr. Avery informed theCo~ncil that ~he Sewer ProJec~ is progres-
sing with speed and is far in advance of anything anticipated. Fur-
ther, that~there seems to~be'a poSsibility~that the contractors, by
doubling up, might be able to =~mplete the Ocean Outfall and remove the
work trestle and all equipment, on the beach before the season. Mr.
Avery suggested tha~ an inveet~gation be made of this~possibility as
· it was heretofore expected that the unsightly condition on the beach,
caused by the. construction of the outfall, would exist for at least
one ~eason, and perhaps two. ~t.wasrequestedthat'the City Manager,
the Consultinq Engineers and Mr. Neff consult with Powell BrOthers,
the contractors on the outfall, to explore the possibility of this
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work being completed before the season, and that this be placed on the
next agenda for report'and consideration.
It was sO moved by Mr.'Avery, seconded by..Mr. Barrow and carried
unanimously.
6.a. City Clerk Worthing stated that the Sewage Works Project, now
under co~'struction within the city, provides for certain Sewer line
installations to extend past 'improved properties which~are not a part
of the City of Delray Beach, SOme of which may desire sewer service,'
and that it is recommended that sewer service be extended to such im-
proved properties only upon, and subject.to, execution oftan .Agreement
reflecting application for said sewer service and further ~xpressing
consent for immediate annexation of the property to be servBd.
Mayor Dietz stated that the "Agreement for Sewer Service" is good
in substance, but that he f~els property should be annexed prior to
sewer service being furnished. Further, that two property owners who
petitioned for annexation to the City of Delray Beach have withdrawn
their petitions.
The City Clerk commented that the agreement was drawn up to service
properties which are outside the City butwhich lie in areas where
sewer lines are now being installed. Further, that the provision for
connection is there whether or not the property owner receives it,
and that it is an added advalitage to the City that these properties
can be acquired by f~rnishing them sewer service.
Mayor Dietz pointed out that he did not want to see a repetition
of the water system problem that exists in the-City todaybecause
people were furnished City water and so had no further reason for
wanting to become a part of the City. He added that, if in. the case
of sewer service, property was.-first, annexed, then sewer service was
furnished, property'owners could .not withdraw their petitions. He also
said he understood Mr~ Beve=idge wanted sewer service.
The City Attorney stated that if a person"s property is contiguous
to the City and he petitions for annexation, that petition ca,not be
withdrawn, that 'the persons the Mayor spoke of who withdrew their
petitions, had petitioned on a'contingent basis.. He further stated
that Mr. Beveridge has never' petitioned but that if.he signs this
agreement, he Wou.ld be in the. City as soon as the-Co~nci~passed the
Ordinance annexing his prOPerty.
City Clerk Worthing commented that subject to Council acting favor-
ably on this proposed form of agreement for-sewer servioe, Mr. Bever-
idge and his neighbors to the' south, whose'properties abut on the
highway, along which sewer lines are being installed, will be contac-
ted relative to annexation and being furnished sewer service.
The Mayor stated that it was his wish that the Council tonight go
on record unanimously that the-purpose of the sewer system is to serve
Delray Beach, .and that noons whoseproperty is not.in Delray Beach
will be connected to the sewer system. That, in this way, the City
will ultimately get i~s boundary lines straightened out and will not
have the problem that hasexisted.for so ma,y years. He. then inquired
if anyone, whose property is contiguous to the City limits and who
signs this agreement, wouldautomatically be in Delray. Beach. The
City Attorney replied that he would be if an Ordinance annexing him
were passed. ' -.
Mr. Woodard stated that to approve sewer service, for contiguous
property only, the Council must instruct the City Clerk that if pro-
perty is not contiguous and cannot be annexed for. some time, this
agreement would not be used, it being so moved by Mr. Avery and se-
conded byMr. BarroW.
Mr. Woodard then restated the motion= that the application, as
presented to Council by the City .administration, entitled "Agreement
for Sewer Service", be accepted, with the stipulation that this agree-
ment can beentered into onlywith an owner of property which is con-
tiguous to present City limits. Upon call of roll, the mo~ion car-
ried unanimously. See Page"286~c for copy of "AOREE~NT FOR SEWER SERVICE"
6.b. Ma~K>r Dietz read the following statement before bringing this
item to the floor~. "In the interest oforderliness,.the Chair
quests that no speaker be interrupted~ if there are any.questions,
make a note of it and the ~uestions may be asked after the speaker has
finished. 'Everyone wishing to speak will be recognized. No one will
be limited in time. This is a serious matter a~d the.Chair hopes that
the Council, City employees andthose hired by,he City of Delray
Beach will have as their only interest what is good for the City of
~elray Beach, its citizens and its taxpayers. In view of the fact
that I was the.one who asked for a delay so that a further, study
might be made, ! am now ready to develop such pertinent facts so as to
&ssist this Council to passon two questions, First, Change Order No.
1. Second, what is to be done with the items whose specifications
were changed without authorization," Hetheninformed the Council and
representative from Russell &Axon, Mr. Jack Steinhilper, that "the
Council, in its wisdom and foresight, insisted that all contracts have
the clause GCTT, paragraph 3-h."
The City Clerk was asked to read same, as follows=
"In giving' instructions, the Engineer shall have author.ity to
make minor changes in~'the work, not involving a chanqe in cost,
and not inconsistent with the. purposes of.the work, but other-
wise,, except in an emergency ~ndangering life or property, no
extra work or. change shall be made unless in pursuance of
written order by the Engineer approved by the City
and no claim for an.addition to the Contract sum shall be
valid unless so ordered._"
Mayor Dietz explained that in plain language,, there cannot be a
change without the'a~rovalof the City:Council of the City of Delray
Beach, and that-everyone should understand'that no changes of sub-
stantia.1 nature could be made without Council approval.
The Mayor then info~med the Council that when he, feeling the sewer
system was not adequate, went to Jacksonville, accompanied by Mr.
HOlla~d,."Mr, David Lee said that.we have good specifications and if
we got into the ground the sewer that .these specifications call for,
we would have'a good .sewer..That ~is our immediate interest now and
the question is what do we do with manholes that do not conform to
spec~fi~cations. I would like..to ask Russell &Axon, working for the
City, five questions. I will read them all and we will then come back
and take .them one at a time.
1. What is thetotalnumber-of manholes now in .place in Sections 1
and 2, Barbaroasa & Sons, ~that do not conform to specifications?
2. Do you have an engines=lng design for the proposed substitute man-
holes? .
3. Do you have a revision of the specifications for these proposed
manholes?
4. Why were these revised specifications not Submitted to the City
Council, together withthe Change Order, so that the Council could
make an intelligent decision?
5'. Wouldyou briefly outline the design features for the City Council
here, tonight?
a. ~ncludingprecastand cast, in-place
b. Thickness of base concrete
c. Thickness of walls, precast and cast-in-place
d. Type-of reinforcing
e..What do .your present specifications call for in each. one of
these cases."
Mr. Steinhilper reported the total number of concrete manholes that
are not in .accordance with the base contract in Sections 1 and 2 are
those ~stal~ed byBarbarossa & Sons, number 30.
Mayor DietZ~ "Do you have an engineering desig~ for the proposed
substitute manholes, .by substitute manholes, I mean the manholes that
you put in.here?"
Mr. Steinhilper= "The concrete manholes?"
Mayor Dietz= "You do have a design for those?"
Mr. Steinhilper: "Yes, Sir."
-4- s/12/63
Mayor Dietz: "For both the precaet and the cast-in-plaCe?"
Mr. Steinhilper: "We' have one.for castain-place."
Mayor Dietz: "You have a design for~cast-in-~lace. Do.you have
revised specifications for the cast-in-place?"
Mr. Steinhilper: "Do I have it here present or has the contractor
been furnished one? No. We have one in our office, yes."
Mayor ~letz: "In 6ther words, you are saying that that'has been
poured, but you didn't have the specifications at that time, but you
have them now. Is that what you are saying?~
Mr. Steinhilper: "He poured the manholes as in accordance with the
specifications that he submitted."
MayorDietz: "That who submitted?"
Mr. Steinhilper: "Barbarossa & Sons, Inc."
Mayor DietS: "Alright, the answer to number 3 is that they poured
them in accordance with the design and specifications which they sub-
mitred to you."
Mr. Steinhilper: "Yes, Sir."
Mayor Dietz: "Were they submitted to the City?"
Mr. Steinhilper: "Yes, Si~."
Mayor Dietz: "To whom?"
Mr. Steinhilper: "Through the City Manager's office."
Mayor Dietz: "Why were these revised specifications not submitted
to the City Council, together with the Change Order, so that the
Council could make its intelligent decision? The contract calls for
no change unless it's presented to the City Council."
Mr. Steinhilper: "The City Council, through their instructions,
instructed the Engineer to work with the City Manager. To .the best of
my knowledge and belief, we have worked with the City Manager."
Mayor Dietz: "The question is -, would you read the paragraph again
about who okays the'change. I know nothing of the Council,changing
that."' ~ '
Mr.,Worthing: "In giving instructions, the .Engineer shall have
authority to make minor changes in the work notinvolving a 'change in
cost and not inconsistent with' the purposes of the work, but otherwise,
except in an emergency endangering life or property,,no extra work or
change shall be made unless in pursuance of written order by ,the~
Engineer approved by the City Council, and noClaim'for an addition to
the Contract sum shall be valid unless so ordered." ~
Mayor Dietz: "It is clear to me that a Change Order has to come to
the City Council for a change. Item 5 - Would you briefly outline the
design features for the Council, that is, the design features of ,your
precast and your design features for your cast&i~place'~ Now~ you say
thirty did not conform and of those thirty, how many are precast and
how many are poured in place?"
Mr. Steinhilper: "Five are cast'in-place, twenty-fivearecast at
the Job site."
Mayor Dietz: "That's right, bu~ they were precast, they were not
cast in the hole." '
Mr. Steinhilper: "They were not cast in the hole. They were,pre-
cast on the banks at the site of where the manhole was to be instal-
led."
Mayor Dietz: "Right. Now, what Was the thickness of the base
concrete in both cases?"
Mr. Steinhilper: "They were the same, to the bestof my knowledge,
they were 9 inches."
Mayor Dietz: "Nine inch~s. What was the thickness of the precast
manhole?"
Mr. Steinhilper: "Both being the same, Sir."
Mayor Dietz: "Four or six inches?"
Mr. Steinhilper: "No, you mean the barrel or the base?"
Mayor Dietz: "The barrel.-"
Mr. Steinhilper: "The barrel. Six inches."
Mayor Dietz: "Six inches. How about the poured in place concrete?"
Mr. Steinhilpsr: "Both the same, Sir."
Mayor Dietz: "Both six inches. Now, what was the type of rein-
forcing in the precast barrel, as you call it? ....
- 5- 8/i~/63
Mr, .~air~i 1per: "Mash."
.Ma~or Dietz: "Would that be road,mesh? Would-that be the mesh
that is 1/8' of an inch in diameter, welded wires 1/8 of an inch in
diameter? Would you recognize it if I showed it to you?" Mr.' Steinhilper: "Yes,' Sir, that is correct.."
Mayor Dietz~, "That is .correct? Now, you say that in the barrel
was used road mesh. How about .the poured in, place one? What was used
there?"
Mr. Steinhf[per: "That was supposed to be used there also."
Mayor .Dietz: "Road. mesh. ",
Mr, Steinhilper= "Yes. Reinforcing mesh would be a better term,"
Mayor Dietz: "I stand corrected. Reinforcing mesh 1/8 of an inch
in diameter."
Mr. Steinhilper: "I believe that's in 6 or 8 inch squares."
Mayor Dietz: "Yes, I Just showed, the people that, Now, what type
of reinforcing was used in the base? You say the bases were 9 inches,
you wouldn't want to change that, would you?"
Mr. Steinhilper: "To the best of my knowledge, the bases were 9
inches."
Mayor Dietz: "Would you want to ask one of your people? This is
important .now, what you aBswero"
Mr. Barbarossa: , "I'm quite sure it was nine inches. It was the
design for the bases."
Mayor Dietz: "I'm talking to Mr. Steinhilper. A nine inch base,
would that measure eight inches? Would it be like a torn sheet that's
102 inches long, but it's really a 96 inch-sheet? Is there any idio-
syncrasy in the measurements of poured concrete?!'
Mr. Steinhilper: "It would be nine inches, no matter how you
measured it,"
Mayor Dietz: "I see. Thank you. Let the record show that I
questioned that twice. In both cases, the base was with the road mesh,
excuse me, the reinforcing wire, 1/8 of an inch thick, as we see here."
Mr. ,Steinhilper,: "To the best of my knowledge."
. Mayor Dietz: :~;ould you want to confirm that? Now,. would you
please ~tell me what ~he specifications call for on a brick manhole?
How thick would, a brick manhole be?"
Mr. Steinhilper: "The barrel again, Sir?"
Mayor Dietz: "The barfs,l, Sir."
Mr. Steinhilper: "The width of a brick, approximately nine inches,
Sir."
~-Mayor Dietz: "In other words, the brick manhole would be nine
inches where the ¢oncrete..one was six inches." Mr. Steinhklper:. "That's right, Sir~"
Mayor Dietz: "What type of reinforcing is called for in the speci-
fications for. the base, of %he brick~manhole?"
Mr. Steinhilper: "I believe, Sir, this is aboUt a number 3 or
number 4 rod."
Mayor Dietz: "A number 4 rod. There is a lot of us that are not
engineers:in this meeting. This is a % inch steel rod, this is an
1/8 inch piece of wire. The base calls for this kind of reinforcement.
While we are on the bases, what do the specifications call for as to
applying,this reinforced rod and.how does it go in the base?"
Mr. Steinhilper: "I don't understand your question on that,"
Mayor Dietz: "Yes, I think it's a poorly worded question because
I don't understand the terms. If you're going.to have a base of con-
crete, and you .have these rods in, how many rods does it call for in
a base and how long would the rods be?"
Mr. Steinhilper: "A manhole base would be about six by six, the
rods would be about five feet long on about 8 or 10 inch centers, I
believe."
Mayor Dietz: "I see. That would be if you crisscross them and
made squares, like so, you would have twelve running,this way..that
were five foot long and twelve running, this way that were five feet
long."
Mr. Steinhilper: "Yes."
Mayor Dietz: "Your man,shakes his head no, so you better query
S/l~/6~
267
your men. This is awful important."
Mr. Barbarossa.- "I donft know, I wouldnft swear to it, but I
figure they Would call for a foot across, re£nforcing the first part.
I'm not
Mayor Dietz: "Yes, it does call for twelve inch centers,'-" If you
can imagine now, the' specifications Call for twelve, five.foot rods
like this and we~ve got this. You were going to ask a question. It!.s
your tur~ to ask a question."
Mr. Steinhilper: "I wanted to make a statement."
Mayor DSetz: "Oh, you wish to make a statement. You have answered
the questions and I will p.ut them up on the chart after you have made
your statement."
Mr. Ste~hilper: "Before the step of answering or going into a
lot of detail on this, I have written a letter" to the 'Honorable Mayor
and the City Councilmen and I request that your City Cle~k.r%ad same
to you. i believe each membmr has been supplied a copy of this let-
ter. This was dated August 5, 1963."
Mayor Dietz: "That would be quite current then,-'wouldn~t it?"
(Copy of letter from Mr. Steinhilper, representing Russell & Axon,
dated August 5, 1963, is attached to the official copy of these min-
utes. )
Mayor Dietz: "Do you want to ask any questions .about'this letter?"
Mr. Barrow: "As I understand it, we have some precast manholes on
thi s j ob."
Mayor Dietz: "Twenty-five, according to Mr. Steinhilper."
Mr. Barrow: "They didn't recommend them?"
Mayor Dietz: "That is right."
Mr. Barrow: "Well, as I understand it, we have inspectors on this
job and where were they when they were putting in those precast man-
holes which were not recommended?"
Mayor Dietz: "They wouldn't know, the inspectors. I watched the
pouring of a base today, Mr. Barrow, and if you can believe this, and
you must because I tell you, it was poured, the reinforcement was put
in, and everything was done. I waited there and there wasn't a sign
of an inspector, there wasn't- a sign of an inspector within blocks.
If I hadn't been there, even that base would"have had to come out be-
cause they were lifting the pipe up with bricks, with'the result that
you. have got a hole right through the middle of'your base. The in-
spection has not Worked out, as will develop in this meeting. You say
where are they? I don't know. You 'better ask Mr. Steinhilper. I
can' t find them."
Mr. Steinhilper: "I believe the inspectors'have been on th-e job,
Sir. I heard about the case that you are specifically talking about~
I say that was in accordance with the plans and specifications and
that some way, somehow or other, that pipe had to be held up by the
concrete, to get under it."
Mayor Dietz: "Wouldn't you say that the pouring of concrete is
important, that the right kind of concrete be delivered and so on,
and that an inspector ought to be at any place where concrete is
poured?"
Mr. Steinhilper: "The contract for inSPectors on this job should
call for one inspector for three sewer crews; This has been done and
if it is your desire or the Counci. l's desire to have one on every man-
hole that is being poured while the semples of concrete or their tes-
ting have been made, then we have records for that."
Mayor Dietz: "Any other question you have for-~he moment, Mr.
B arrow?"
Mr. Barrow: "You. brought something up here tonight that has me
puzzled. They're using 'this Wire instead of iron bars in them?"
Mayor Dietz: "Not now. They didn't today in this one that was
poured this morning. They had bars in it."
Mr. Barrow: "Well, have'they been using them?"
Mayor Dietz: "You'll have to ask Mr. SteinhilPer when they 'started
using bars."
Mr. Steinhilper: "They started using bars in the beginning of the
job. They started using mesh when the concrete manholes went in.
- ?- s/12/63
There is a little technical qualification there, Sir. You have a slab
of concrete, it's stationary, ~it has a static weight, it's not like a
building where you have a movement. Mr. Neff is, I believe, a Coun-
selor, and I'm sorry he was not here so that we could have gone over
and reviewed these things with him. However, these were brought up
with the City staff. Getting back, this. is a static load. The mesh
is used in 'other places on.a static load. Mr. Neff, I don't like to
bring him in here without his -- but you did point'it out."
Mayor Dietz: "I have the greatest confidence in Mr. Neff. Ask
him any question youwant. Call him to the microphone."
Mr. Steinhilper~ "I would like to ask him to express his views on
thi s."
Mr. Neff: "Well, my views on the question of the reinforcing is
quite simple. The specificationsca!~,for.number 4 bars, which means
½ inch'bars andthe.City of Delray Beach wa~ paying for number 4 bars
and % inch bars. and I thi~k that they .should have go~ it. In this
case, they got reinforcing mesh, which does not'have near the strength
or the workingcapacity,.andI think it is not a question of the
technical ethicacy of the one over theother, it's a question of what
Delray Beachwas paying for and what they got."
Mr. Steinhilper: ~For a practical purpose, the manholes installed,
in my opinion, and this has been checked out with other engineers, are
equally as good or better.than the standard or a standard brick man-
hole."
Mayor Dietz: "I don't want to be rude, Mr. Steinhilper, but we
went to all the trouble to hire the best firm that we could, to make
us the best specifications that we could, and Mr. David-Lee told us
they were good. I wouldn't modify them from what you say because we
have already decided what we.wanted. The problem is we're trying to
get what we want, what we bought and what we're paying for. Now, I
think it might be-of interest - Mr. Neff, would you want to draw what
happens to an improperly reinforcedconcrete slab under pressure in a
manhole? 'You are better at drawing than I em. Bear in mind that the
manholes are in the streets and twenty ton trucks and everything runs
over that. If you don't, wish to, I'll try to do it and you correct to
see that it's proper. This, I think,-is what's in the center, then
you have.a.strong force, here and. a strong force there because it's a
round manhole. Have you ever bent a twig? When you bend a twig, it
pulls~it here and it compresses it on the bottom. This is known as
the neutral axis. So, when you get a heavy load and it isn't rein-
forced with bars, then it pushes down here and this comes up. I've
exaggerated it.~ This is what causes a leak. Once you get a leak in
a manhole,,you're pumping water until the end of time. Now, the big
thing in.a sewer system is to have the minimum amount of seepage that
is possible. You can't get a dry sewer but they have specifications
of minimum leakage. Now, that's the reason you have such a strong
concrete slab on where your manhole goes, so that it does not burst
this or crack this. It must be strong enough to hold it in place so
that you've got your bond between your manhole on up. It is a very,
very dangerous thing when the very foundation isn't strong enough to
carry the load."
Mr. Neff: "I think the problem here is very simple. Russell &
Axon, as ~Onsulting Engineers, designed a one foot base for all man-
holes, regardless of what went on top of.that base. I think they were
ill advised in going to a thinner base with improper reinforcing in
this case, ~egardless of the merits of the other arguments that might
be brought up as to the base, as to the structure to go on it.
think that a manhole of any considerable height needs a one foot base
with number 4 bars in it to properly take its strength. That's what
Russell & Axonthought in June and I think they still should think it
in August."
Mayor Dietz: "What Mr. Neff has just said, the specifications call
for a base that is twelve inches. You no~iced I queried the gentlemen
when they said nine inches. I have measured many bases around town
when the ruler is here, and I have yet to find one over eight and a
half. I have this evidence.- Now, what does that mean that we're pay-
-S-
269
ing for in concrete. Look at this. If you ~ake an eight inch as
against a twelve inch, that's 1/3.concretewe're paying for and not
getting. Is that a good'proposition, is that good,inspection? Is
that what the City of Delray Beach ~s-entitled to? I want.to tell you
it's a disgrace. That not-only didn't we get the concrete but we got
this one that-won't hold anything. Now that will tell y~, it will in
the circumference but not in the flat, that concrete is gQod. Well,
let me tell you something. The Germans, during the wartime, made con-
crete reinforced pens to guard their submarines, and they were bomb-
proof, but they were forty foot thick. Now, that doesn't mean that if
you took concrete and reinforcement and made it ten~ foot d~ep that it
would pro,eot t,hose submarines..Now, as Mr. Neff says, the specifi-
cations cal~ed for twelve inch and called for iron bar reinforcement
because that is the very foundation. You wouldn't build · house on a
sloppy foundation. This' is the foundation for the sewer. This gives
away the ~ipe leaks that comes in."
Mr. Steinhilper~ "Firstlof all, on that first sheet, of course
that isn~t'intended to get into this type of deal, your forces seem
to be somewhat messed up. If you had that, the world wo~l~ not be in
a sort of e~uilibrium. Now, on your next sheet, there, is an equal
pressure, for every pressure going down, you got one coming up. You
may ask your expert on that also."
Mayor Dietz= "I'm not after my strength of materials."
Mr. Steinhilper~ "Right. You got, just a minute. Many places in
the State of Florida .... "
Mayor Dietz= "We're not interested in the State of Florida. We're
interested only in the City of Delray Beach and we're only interested
in getting a sewer that the specifications call for."
Mr. Avery: "Mr. Mayor, you said no interruptions. Let him finish,
please."
Mr. Steinhilper: "I think I made it quite clear in this letter."
Mayor Dietz: "I'm not questioning that."
Mr. Steinhilper~ "Well, before we go into it, what's your pleasure,
Sir?"
Mayor Dietz: "Yes. Woody, do you have anything on the letter?"
Mr. Woodard: "'I'll hold off until we get to our conclusion, Sir."
Mayor Dietz~ "It says here that we'd like to see, before this
Council could, inits right mind, approvea concrete manhole, that we
would have to see the plans and specifications, thebase and every-
thing with it. Now, in your letter here, you say that twenty-five of
these are precast and you say that they are set one on top.of the
other. Let me show you somethinq theNe. I don't mean Mr. Steinhilper,
I'm talking to the audience. -Unfortunatelyr I-cannot draw well." · Mr. Woodard: "You make your point very well, though."
Mayor Dietz: "I think in his letter, it indicates that some of
them were made like that with sections, then your manhole coveris on
the top. Now, there is nothing to hold these in place,. there, are no
bars coming up, it's one laid on top of the other. The ~nly thing
that holds it in ~lace is the concrete on the outside and the-soil.
Let me show you a picture of that. And the unfortunate thin~ is, you
know, if they had left us alone and give us OUr sewer, we'd have no
trouble. We're not asking for anything but our own. These sections
that I have drawn are like that. ~ The slightest shift, ~should the base
give or not give, you'll open up at the seams. And. what do you .get?
You get leakage. Russell'&,Axon in their wildest moments wouldn't
recommend that design, I'm .sure. Russell &Axon would insist, on that
kind of a design that would be made something like this, which would
fit into the next one. So, it would be interlocking like you would
put two pieces of flooringtogether so the floor wouldn't move. You
would interlock this-so it doesn't move. Imagine these things moving.
Imagine the water we'd be pumping. All you have to do is to go down
and see the lift station they are building and they got feur terrific
pumps and they .got the well points. You know what will happen? Each
one of these will be well points. We'll be shooting this water out to
the City and paying for that electricity. Now, this is a matter of
record. He says so in his own letter. It's not what I think. It's
-9- 8/12/63
what he aays right in this letter. Let me read it."
Mr. Steinhilper~ "Next to the lest page~ last paregraph, Mr. Mayo~'
Mayor Dietz~ "~Since we never considered precast manholes on this
job'. Now, there is s letter from Barbarossa & Company to Russell &
Axon thet asks about precast manholes. It's from the Briggs Precast
Manhole Company, Pompano Beach. Do we have that in the records some-
where? I think Switzer has it. Were you able to get the right let-
ter?''
Mr. Worthing: "I'm wondering, your Honor, if this is the letter you
are referring to?"
Mayor Dietz: "Dan, will you take a look and see if that's the let-
ter before you 'read it. Now, you go to the Briggs ~recast Manhole
Company is where, you go to do your business, you wouldn't be buying
oranges there, Would you? You'd be buying precast manholes or forms
or something for precaSting. Is thet it, Dan?" Mr. Neff: "Yes, Sir."
Mayor Dietz~ "Would you read it,
Mr. Worthing: "This letter is addressed to Russell &Axon, dated
May 31, 1963.
'We are enclosing a sketch of & cast-in-place manhole which we
would like-to present for your consideration. These are the
same type manhole that were used at Boynton BeaCh, and will be
built by J. C. Briggs.
Also, we would like to have Mr. Briggs accepted as a sub-contractor
for the construction of all manholes on the Delray Beach project.'"
Mayor Dietz: "What does that mean, Dan?,
Mr. Neff~ "This.means that the contractorssubmitted'a SUbstitute
construction for the consideration of the Consulting Engineers." Mayor Dietz: "I see."
Mr. Neff: "He proposes a substitute as sketched by the J.
Briggs Comgany, and the sketch covered precast manholes. The sketch
that I saw ,covered precast manholes."
Mayor Dietz: '~Precast manholes. Now, Barbarossa & Sons have asked
the:Engineers for ~permission'to use precast manholes."
Mr.'Neff: "No, they asked the,.Engineers for permission to use cast
in-place manholes but the sketch that: they.,submitted was a sketch pre-
pared by J. C. Briggs, showing a precast manhole.
Mr. Avery: "I would like ,you to explain that."
Mayor Dietz: "I would like you to explain that if you would."
Mr. Neff: "They Submitted .a sketch. This sketch, was labeled pre-
cast at site. The sketch was'only submitted to the City with this
letter or by Barharossa, as it' was explained to me, to show only thick-
nesses. It does not relieve him or anything else that they were not to
be cast-in-place."
Mayor Dietz: "I see. What was the thicknesses of those?"
Mr. Steinhilper: "I believe I gave them to you shortly ago."
Mayor 'Dietz: "Six inche~?"
Mr. Steinhilper: "Six inches a barrel."
Mayor DietZ:- "Six inches. The specifications cell for eight in-
ches.''
Mr. Steinhilper: "No, 'Sir. The specifications calied for brick.
Brich, as a normal size Of brick, what is it - an eight or closer to
nine. inches, I believe."
Mayor Dietz:~ "Well, then, if you cut a hole through, a brick man-
hole, you'll ~have to cut through eight inches~ will you not?"
Mr. steinhilper: "A little bitmore than that, I believe, Mayor."
Mayor Dietz~ "Even more~' In other words,.again we have an eight
inch,hole that we ordered, an eight inch thickness, and it's a six
inch thickness. And it's a six inch thickness, as you heard him say,
with thiswire, with this //8 of.an inch wire, not with reinforcing
rods. Now, you go on to say here, Mr. Steinhilper, that 'we never
considered precastmanholes on this.job', but we got twenty-five of
them in. Now, how do you explain that? If you don't recommend them
and we got. them. something is wrong~"
· -10- 8/12/63
Mr. Steinhilper.- "Yes, Sir?
Mayor Dietz~ "Would you exg~ain that?..
Mr. Steinhilper= '"Yes,-'sir, First of .all, may I digress j.ust a
minute ?"
Mayor 'Dietz: "Anything you wish."
Mr. Ste!nhilper: "Alright. We're talking, as you so'blindly put
up, six inches versus eight inches. We're talking about'two' different
materialS. You also come in with sections versus one length of barrel.
Now, the purpose of a concrete manhole made out of acid. resistant con-
crete and coated is an offer of protection against hYdrogen~sulfite
and other gases inherent to it~ Brick manholes have many.joints. For
every width of brick, there is a mortared joint that als0 gives it or
makes, it susceptible to attack by these sewer gases. So! 'think that
compares the difference in strength. You got eight, inches or eight
and one-half inches, or let's just call it nine inches - that's for
convenience, because that's the standard size of brick; Six inches is
an adopted size of a concrete wall. Barrels. Alright, in` this where
these things got on the job, Barbarossa & Sons were laying pipe. We
were trying to get the contractor caught up and some ditches closed.
The hole of the pipe, the trench, is wide enough in itself, but when
you come to a manhole, it took a larger, as I explained in the letter,
due to certain soil conditions, a larger hole. The contractor, sub-
Contractor, would have poured them in place. However, he.placed them
or cast them on the side of the'ditch, tailor made to that one particu-
lar spot. Though I did not apprOVe of same, the end result was, and I
still believe, in my opinion, that they are as good, if not better,
than a brick manhole."
Mayor Dietz: "Could I refer to qUestions now?"
Mr. Steinhilper.' "First of all, if I may. I submitted this Change
Order as only a recommendation."
Mayor Dietz: "A recommendation of Russell & AXon?" ~--
Mr. Steinhilper: "Right, Sir."
Mayor Dietz= "That is correct." ..
Mr. Steinhilper: "I believe you were away, Col. Neff was away, end
I submitted and there was no- regular meeting, scheduled. There are
thirty manholes in place. Now, if the Council does not wish to count
these manholes approved, the error made was mine because I ordered
them constructed without approval of the Council." Mr. Woodard= "That' s right."
Mayor Dietz: "Yes, that~ s why we protected ourselves with a half
million dollar insurance against Russell & Axon."
Mr. steinhilper.- "Yes, Russell & Axon has this insurance to cover
errors and omissions. Now, Sir, if the Council does not approve of.
the Change Order, if they will so indicate, the Change Order will be
thrown out. We are not trying to, or I, 'or Russell & Axon are not
trying to sell you something you don't want or push something down
your throat or the City's throat. -We would like to do a good job and
in my mind, these manholes, as constructed, are as good or .better. We
could go through the ramifications of each one of these on very tech-
nical points. However, I freely admit that the administration of
h~D~l$~ this matter was an error~ Now, zf the City does not wish to
a~r°~-~thi., there has been no other manhole constructed since the
Ma~0r"Dietz: "SinCe what date? Answer there correctly." -
Mr. Steinhilper: "In answer to that, I 'do not know."
Mayor Dietz: "Well, ask your man, This is important for us to
know."
Mr. Steinhilper.- "I'would have to go back to my log over at the
place here,. I couldn't answer that off hand."
Mayor Dietz: "Would you say that not since the last Council meet-
ing?"
Mr. Avery~ "The man said he didn't know, he'd have'to check with
his log."
Mayor Dietz ~ "Well, that' s alright. I- want to know about when it
ceased because there are a lot of manholes. I haven't brought up the
rest yet. I want to know when we went back to what we thought the
City of Delray Beach was buying."
-Il- 8/12/63
Mr. Stein.hilper~ "You called Daytona, Mayor. Do you recall that
date? Then, I can fix it'somewhere along in there."
Mayor Dietz~ "No, I didn't call Daytona. Daytona called me."
Mr. Steinhilper= "No, Sir, I believe you called on a Saturday
morning."
Mayor Dietz= "Oh yes, that was the ?th of July."
Mr. Steinhilper~ "Then I'd say within three days after."
Mayor Dietz~ "Within three days. In other words, everything prior
roughly speaking, to July, is what we are talking ~bout."
Mr. Steinhilper= "To the best of my knowledge. I'd have to con-
sult the log on that."
Mayor Dietz=- "Now, may I reply to what you questioned up here on
the eix and eight. You said that you think one barrel is better but
you tell me that you have only got five that are one barrel, twenty-
five that are not."
Mr. Steinhilper~ "Wait a minute, Sir. You got thirty of them that
are six inches thick,_five cast-in-place, twenty-five cast on the sit~'
Mayor Dietz=.. "Right. Now,~uast-in-place, you have five and they
ca~ only be the ones that have got the solid barrels."
Mr..Steinhilper~ "Would you fl~p back one of those pages. There,
that's enough, that's fine. Those barrels also are six inches."
Mayor Die'z= "They are six inches?"
'Mr. Steinhilper= "Now, I wonder if you could draw on the other side
here a brick manhole, indicating the brick.."
Mayor Dietz= "That's a little 'hard to draw. Would you come up and
draw it?"
Mr. Steinhilper~ "Well, put a lot of lines close together."
Mayor Dietz= "I woulchn't-know how to draw that. I know what you're
getting at and I have that here. The specifications call for a' special
mortar to be used on the brick manholes." Mr. Steinhilper~ "That is co=rect."
Mayor Dietz= "That mortar is free from lime and I wonde~ if that's
been analyzed and I'm going to get some of that and have that analyzed
to see what we've got in that. But this special mortar is two parts
of something and one part of something else and it is impervious to
hydrogen sulfite gas."
Mr. Steinhilper= "That's close there too."
Mayor Dietz= "Now, you cannot tailor make anything for the spot
when the taylor making comes out like this. Any one of your precast
that you have cast, not one of them have interlockings, they're all
flat to flat."
Mr. Steinhilper= "They're tailor made to the spot as to the exit
and entrance of the spot."
Mayor Dietz~ "But, still we have the leakage."
Mr. Steinhilper= "That has been covered."
Mayor.Dietz= "Now, in New York City, there are brick manholes
there that have been in since 1860, in New York City. Now, with all
the building and construction that's been done in New York City, if
brick manholes weren't good, they would have ripped out the old ones.
Now, for the benefit of the public, why all of this? If it were so
easy to build a sewer, you could have concrete sewer pipes running by
your house. But you can't, because'half of it is liquid and the other
half is gas. The gas happens to be called hydrogen sulfite gas, but
that makes a 8ulfuric acid, which is a vicious acid. NOw, whenever the
liquid is over whatever you had,. you don't get the acidity effect, you
get it only in the air. So, you couldn't have concrete pipes on your
gravity feed, you have ceramic because it is not affected, and the
nearest thing that you can do to.that is a brick manhole and that is
why a brick manhole was specified. Mr. David Lee knew it was a brick
manhole. We're not asking anybody to change the specifications. We're
willing .to pay you fellows big. They bid knowing that a bricklayer
had to lay. brick and they.had to get b=~ek on all of the jobs, and if
anything, when you put one of these together and backe~ them and hit
it, you're in trouble. You hit a brick one, you're not in trouble.
But, if you hit one of these even easy, you.move them. So, we would
like to see the plans and specifications for a poured in place manhole
if this thing is to go on. I myself want to see brick because that's
-12- 8/12/63
273
what we paid for. But lefts Just get a look at the bases. What does
this cost? And again, bear in mind I~m using .the figures roughly and
to my advantage."
Mr. Steinhilper: "But no doubt, sir."
Mayor Dietz.' "Itts a little too hard for me to calculate .eight
and one half inches to twelve. But, I want to get this idea over.
Eight to .$welve means that we ?t two-thirds of the concrete that-we
paid for ~ere and we get three thirds o~ all of the concrete we paid
for here. And why, if you did like precast manholes and you like cast-
in-place or on the spot or in the green grass, why are all of the man-
holes in Delray Beach of these short changed ones, except-those that
have been poured since the beginning of July~ Now, answer me that."
Mm. Steinhilper: "I take exception to your word all; because they
all are not all. The only concrete manholes ...... ."
Mayor Dietz: "Now wait a minute, bases I~m talking.about, you
used your precast bases when you should have twelve inch bases you had
precast bases made on a nine inch form that came out in some inches to
six inches by eight and a half. Itll be generous and say that the
average thickness is eight inches. Now, why does Russell & Axon~s
inspection department allow that when the specifications called, and
it's very clear, has someone a blueprint here of a base. New, how can
you be inspecting, this is not something that is little, this is big.
So it resolves that whether it was poured in place. How could RuSsell
& Axon's ~nspectors allow all of the bases to go in eight and a half
when this calls for a foot?"
Mr. Steinhilper: "This I take exception to. I dc not believe it.'
Mayor Dietz: "You don~t."
Mm. Steinhilper~ "No, sir."
Mayor Dietz: "Well, you talk with your men then. There are some
things Mr. Steinhilper, Irm beginning to believe that you dontt know
and I think that perhaps you have got to check into something. Not,
here is the way this is drawn, you should go down, I inspected ~ man-
hole on the end of the line this morning with a citizen and my gosh
there is all hardened concrete in the pipes, In the pipes." Mr. Steinhilper: "Well."
Mayor Dietz: "It's the end of the line."
Mr. Steinhilper.' "I don~t follow your point."
Mayor Dietz.' "I think it's sloppy. I think it's sloppy as can
be."
Mr. Steinhilper: "If it remains in there, yes."
Mayor Dietz'. "Yes, and how are you going .t.o get it out?
hardened, brother. 'And it's in there a plent2.
Mr. Steinhilper: "By Just taking a hammer and chipping it and it
goes right out."
Mayor Dietz.' "I~11 try and draw the base as it should be. Now,
you've all seen these white specks dotted all over the town. These
little things look something llke that and they have got a little ring
that they lift them down with and that's what we Pre talking, about,
those bases. Now, this is what it should look like. This is what .Mr.
Lee says: 'if we get this in the ground we~ve got a sewer.~oWhy should
we take anything.leSs as taypayers~ Now, not only is this one foot,
twelve inches, but it goes up her% and slopes down to the pipes giving
added strength."
Mm. Steinhilper.' "No, sir. The intent of that is not strength,
the intent of that is drainage." Mayor Dietz: "Flow.
Mr. ~ Steinhilper: "Drainage."
Mayor Dietz: "Drainage. Well is drainage flow?"
Mr. Steinhilper: "No, sir."
Mayor Dietz: "Well 'how' do you drain in a manhole?"
Mr. Steinhilper: "A df,in keeps from'the sides of a manhole to
get everything to go into the sewer lines itself."
Mayor Dietz: "Yes, the flow of everything into the line.'J
Mr. Steinhilper. May I see the drawing Just a moment, sxr'~ Any,
thing coming in through here intercedes with it coming through here' and
coming down here and goes into the brick. This ia all knocked off and
coming out here. A manhole, this is nice."
Mayor Dietz: "When they cut these pipes off are they supposed to
look like a big saw, that you saw wood, or do they cut them off nice
and smooth?"
Mr. Steinhilper: "The end item is nice and smooth, sir."
Mayor Dietz: "Well, I~ll show you a sample that is not. So I
say, where are the inspectors?"
-l~- 8/1~/~
Mr. steinhilper: "The inspectors are on the Job, sir. These
things here are cut off and then let everything dry and drains in here.'
Mayor Dietz: "I~ll take you and show you some of these that look
like teeth, that long."
Mr. Steinhilper: "Oh, no doubt, sir. Has the manhole been
accepted as a finished product, sir~"
Mayor Dietz: "I don't know when they accept them but they close
them .all up."
Mr. Steinhilpe~: "There are many. I can show you very many
errors on this Job. Not errors, we'll call them unfinished products."
Mayor Dietz: "If this is sort of a Joke of it, but I'm like a
grave digger and I .go out at night opening sewer holes with a strong
light, looking into it because ISm ashamed to do it in the daytime.
Well, the question, gentlemen, before the house --- Woody may have some
questions --- we get down to two things. The first we got t'o dispose
o£ when you gentlemen are ready and that is whether we are going to
staywith Mr. David Lee or whether we are going to have a Change Order
that reflects what I have tried in my miserable way to show you. I'm
sorry I am not qualified to do it but in a layman's way I tried to
get it over."
Mr. Avery: "May I ask you a question?"
Mayor Dletz:.- "Yes, sir."
¥~. Avery: "You just made a-point about being accepted. At wh~t
point in s sewer job are the manholes accepted, pipes accepted and
these thin, accepted, Mr. Steinhilper?'~
Mr. Steinhilper: "During the last part of the Job, towards when
the job is completed there is s final inspection,~ picking up all de-
ficiencies and making the contractor'clean out lines, to make up and
put in you'll find brick manholes as well as others where you'll find
some leaks. These leaks have to be stopped."
Mr. ~very: "Then it.'s at the .last part of the Job?"
Mr. Stelnhilper: "It's at the last part of the Job that any
deficiencies are corrected."
Mayor Dletz: "Mn.- Steinhilper, I'm~golng~to request that when
you get' ready, to 'test your lines under page X-~, paragraph 9, ahd the
force mains under X-9, lOb, that you notifty Mn. Holland as I want to
be present."
Mr. Steinhi~per: ~'"Sir,~ as a custom, which has ~lways been fol-
lowed out, in ~nytime that a sewer line has been tested and prior ~o
any recommendations to ~cceptance that the City is requested to have
repres'entatives present and witnessing ce~taih ~ests."
Mayor Dietz: "Yes. Well, I appreciate that. Would you think of
me at such a time?"
MPc Steinhilper: "I~d be delighted to."
Mayor Dietz: "I would like to be there."
Mr. Steinhilper: ' "Wouldn't think of doing ir'withoUt you, sir."
Mayor Dietz: "That a boy. Woody, I think that I said there is
not the population to see the picture, you may have some things."
-Mr. Woodard: "Exactly, now I believe Mr. Steinhilper's recent
statement that perhaps someba~ erred in proceeding with this Change
Order No. 1 before it was approved is rather accurate. The reason we
wrote into the specifications that any change involving a change in
cost would have to have our approval is just for this reason. My
suggestion would be that perhaps we should see about having the man-
holes, which have-been placed in the ground not in accordance with the
specifications, removed and replaced by those that do meet with the
specifications. Now, perhaps we could have Mr. Steinhilper~s sug-
gestions along these lines."
Mayor Dietz: '~ou have got two issues now. If you limit it to
one and come back I think it would be better for the record. In other
words, a motion is in order whether we den~ or accep~ Change OrUer No.
1. By denying Change Order No. 1, that means they have got to adher~
to David Lee~s specifications. Then if that is the Council~'s wish, an~'
I sincerely hope it is, then ~Mr. Steinhilper Will be here and we pro-
ceed to get the kind of manholes and bases that is called for in the
specifications."
Mr. Wbodard: "Yes, well I move that Change Order No. 1 be denied.
Mr. Barrow seconded the motion.
Mr. Avery-added to the motion that we"have got a type of ~anhole
and we have heard the engineer's recommendation that it is equal to or
superior to the type --- I get concerned with these h~Iee being
opened for long periods of time because most of my cbmplaints from the
public has been about th. is big hole opened fbr d~ys and days, in Front
of their houses and in back of.~their'houses, and all. Could we-'hear
from the City Engineer as to the relative merits of types of manholes?
Mayor Dietz: "Well, the' City Engineer in' talking would have t~
show us the specifications that h~' is talking about. If he is prepared
to do that we would be glad to hear him."
Mr. Avery: "I would like to hear from .the City Engineer as to
the relative merits of the cast-in-plac'e acid resistant concrete man-
hole."
Mayor Dietz: "And let hTM give the dimensions of what he is
talking about."
Mr.'Avery: "As opposed to the brick. We want to make a sensible
decision ~ere and in the interest of the speed of the Job and quality
of the Job I think it ts time to stop the histrionics and get~ to base
facts and .if certain changes have me~it ,1, etas consider them, if they
dontt have ~merit then let-s go to plans~
Mr. Fleming: "I' don~t have the exact specifications for the pro-
posed cast-in-place manholes."
Mayor Dietz: "Well, could you make them u~ ~s you go along?"~
Mr. Fleming: "I can use what has"been stated here. With regard
tO'the City"paylng for a twelve inch base'which they did not receive,
paying for a heavier reinforcing in the base which they did not re-
ceive,- that is not strictly' true. The proposition is that this un-
necessary strength in the base will b~ removed and that the Cit~ will
take a reduction in the cost of the manhole~. The statement that the
reinforcing ran up the ~ides of the'brick manholes, is not' correct.
The proposed concrete' manholes do have steel reinforcing' going up the
Sides whereas there Was none in the brick manholes. Mr. Neff will
agree that a brick wall nine inches thicE weXghs considerably more
than a concrete wall six inches' thick that has the same strength, -
therefore, more reinforcing ~n a thicker base' would be"required for~'a
brick manhole. As to the quality, the overall performance of the man-
hole, it is well recognized that a reinforced'concrete manhole is
equal to or superior to a brick constructed manhole due to' the reduced
number of possibilities for infiltration."
Mayor Dietz: "If it is built to proper specifications."
Mr. Fleming: "That is correct. If it is designed correctly."
Mayor Dietz: "It would be like the submarine pen. If you only
had ten foot instead of forty foot, it,s no good. You got to build it
to special specifications."
Mr. ~oodard: "I would like to as~ a question here, Mark. ~f all
this that is written into the original specificat-ions is unnecessary
why were they put into the o~iginal speCifications and why are we pay-
ing for all of this additional concrete and reinforcement when it is
not needed?"
Mr. Fleming: "My statement was that if it is Properly designed
a brick manhole will weigh more than the concrete manhole so ~hat the
base was~'probably not incorrectly designed. Again I state that the
design was the function of Russel~ & Axon, that the City was not pro-
vided with the course sufficient enough to check all' designed figures.
If it is properly d~signed there p~ssibly shouId be a thick~r ba~e for
a brick manhole because the Walls are thicker and~ they get a greater
force down' on the outside than the others do and a. greater result from
up underneath them."
Mr. Avery: "Mr. Mayor, Sir, I would like to a~k our Col. Neff--
Col. Neff do you concur in what the City Engineer say, S"
Mr. Neff: "I concur with the City'Engineer~s statement that a
properly designed reinforced' concrete manhole is fully and properly
constructed. It's fully equal to a brick mabholeo · But I don~t think
that is the point~here. The point of issue and .to narrow it into
focus is this, that only five of the manholes were poured in place and
can be considered reinforced concrete manholes. The others by any real
interpretation of th~ method that was constructed were precast.
Russell & Axon has said they have not considered precast and they do
no~t consider them satisfactory. I think that the City Engineer'will
agree that Precast manholes especially in the higher types of manholes
up around fifteen or sixteen feet or over ten feet are not. structurally
integral and are not good in accordance with these specifications. I
think the matter is very simple, Russell & Axon designed a b~ibk man-
hole and presented it to the City and to the State of Florida as the
manhole which they wanted built here. The City accepted that, the
State of Florida accepted it, and ~ do not think that the Council is
wise to go into a question of relative merits of concrete Versus brick
especially when the Engineers-, and the Council an~ the City Engineer
are talking about three different things in this case."
Mr. Avery: "Col. Neff, I would like 'to ~orrect you on one thing,
we're considering here not the twenty-five that are wrong, we are
considering here, Whether w~ will approve a Chang~ Order for cast-in-
place manholes. "Cast-in-place"manhol6s, period, and to ~he specifi-
cations. If w~ approve that, and I say if we'~pprove that then ~hose
manholes-that are not in keeping with this Change Orde~ are no~ ac,
ceptable. · So We area'considering here whether we will approve a'Change
Order fo~ cast-in-place manholes. The other twenty-five Will fall into
a slot later."
Mr. Neff:. "Alright. My an'swat to that sir, is That the City
Council at this point does not have sufficieht information on 9hich to
make an intelligent decision. Before any Change Order can be ~pproved
intelligently· by the Cit~ Council they m~st be presented with a design
criteria and a design plan showing the method of construction, the
thiclmess of the Wall, the type of concrete and the amount of reinforc-
ing. Only then can the City· Council pass satisfactorily on whether
this is ...... .!"
Mr. Avery: "Then in that case Mr. Mayor it's proper to .... .
Mayor Dietz: "There is a motion on the floor and it has been
seconded. Do you want to add to the motion2"
Upon call of r°ll the motion that Change Order No. 1 be rejected,
Mr, ~arro~'~ ~ay'or~' Dietz an~' Mr. 'Woo~ard. vote~~ i~ fa~°~ of' ~he.~ motion,
Mr. ~ery abstained from voting. _
Mayor Diet~: "No~ the next matter before this Council is. What to
do with ar~v .manhole that doeSn~.t conform to the specifications. I
refer to bases, I refer to well,'~ I refer to reinforcements, I refer to
the Way the pipes come in,~ the way the pipes have been cut, ih other
words, we~ve got Russell & Axon, we've ~ilred inspectors, we wart's
first class job, we are not a second class City. Nog, I wish that th&
CoUncil wo~ld move that anything, and Mr. Neff will assist us with that;
that any manhole" that"does not come up to 'the specifications under
which this contract calls for be removed and be' replaced with the pro-
per manhole."
Mr. Woodard: "So moved."
Mayor Dietz: "So moved."
Mr. Barrow: "I second the motion."
Mayor Dietz: "Any' discussion?"
Upon call of roll
--: ' -._~_ ~ : -- : -motion was carried unanimously.
Mr. Woodard: "Mr. Steinhilper, when did the inspectors discover
that the manholes that were being installed were not meeting specifi-
cations and when did the construction of these non-specification man-
holes cease? Just in general terms."
Mr. Steinhilper: "You're, of Course, talking of the specifics-'
tions as outlined in the' Change Order."
Mr. Woodard · "No
· , as outlined in the original contract." '
~. Stetnhilper: "The inspect·ors would not catch that because it
wasn't expected of them as I ordered the contractors to put these
others in."
Mr. Moodard: "Isee.- It was your responsibility then2"
Mr. Steinhilper: "That is correct."
Mr. Avery:" "Mr. Mayor this brings u~ s point, I think that ~he
Council shoul~ acce~t its responsibtity in things of this so~t and I
fully feel that we are responsible in this situation to a certain d~-
g~ee~ We only meet twice a month. By minu~tes of' this m~eting we have
directed the Engineers to work through~ the Cit~ Manager end"Mr. Neff
was employed~am cot~sel to the City Manager, Russell & Axon as counsel
t~ .the City~Mahager and-Russell & Axon did Submit. s Change Order-way
back in the year one and the l~st meeting was the first meeting after-
wards. It would seem to me that we should expedite this, facilitate
it, and give the City Manager permission when ...... ."
Mayo~ Dietz: "No, sir."
Mr. Avery:- "How do you know what I .am saying?"
Mayor Dietz: "I know what you ~$e .'saying."
Mr. Avery: "What do you know wl~a~t I~ saying, Mr. Mayor"
Mayor Dietz: "These people did~b ~ave to put it in nowl"
Mr. Avery: "M~. Mayor, I have the floor2"
Mayor Dletz: "You may."may
-l~- ~/l~/~
,277
Mr. Avery: "You're very rude, sir. You!ye taken advantage of
your Chair. That the City Managerb~e authorized to poll the CoUncil
by telephone and if he has a majority in favor to proceed and ·take it
up administratively.at the next meeting and if any commissioner then
desires and takes exception tO'call a special mee'tlng~to considerthe
matter, This is to expedite and streamline this Job because .youtre
going tostoP this sewer Job in prog~essingwith some vel~ ~ocessAry
Change O~ders and you have one that's going to come up.tOn~$ that
you had better cbnsider and I think that we shoUld help streamline it
because we.'a~e partly responsible for this situation."
Msyo~ D~etz: "We are not.' They hsd no right t° go ahead."
Mr. Avery: "Sir, but We have responsibilities or not and I~m
willin~ to face up to them."
- Mayor Diets] '~ould you li~e something light, Al, Z figured
that you Would say as y~u did'~hat we shouldntt do this so aS to in-
convenience the public"and I had w~itten for ~l's benefit ~A'little
inconvenience now is far better than accepting inferior workmanship.
We want lasting benefits~t Well, so mubh for the sewer. Thank you
very much'Mr. Steinhi~Der. You're operating under your original con-
tract.'" ~ " -'
Mr. SteInhilper: "Let me bringto Y~ur ~ttention~here, the fact
that I did hsnd over to the City Manager ~ Change Order on the Lift
Stations." ' ~ '~ "
Mayor Dletz: "I haven,t seen that and I wont% act 0n..~nythtng
you passed in another meeting now.' I~11 be very happy td~Call-a .
special meeting after Itve had a chance to study it."
Mr. Steinhilper: ,This was what I was about to Suggest, sir
before ....... . The City was delivered a proposed Change OPder on
the Master Lift Station,"
Mayor Dietz: "I know nOthing o~ ~it."
Mm. Steinhilper~ "You have not had a chance to.study
realize this. This Change Order is important to the progress of the
job. It is requested that a special.meeting, .or at the Councilts
convenience, that action taken on it be expedited."
Mayor Dietz= "Yes. .Would you be good enough to sta~ till after
this meeting and tell me what this is all about and maybe some of the
other CoUncilmen would like to knOw what it is all about' but
sent very-much beEng thrOwn something when we walk in here~ to pass,
when we haven't had' time to look it over. Everything we have done in
haste you know we have repented late~."
Mr. ~teinhilper: "Yes. This'was being talked about over a couple
of wee~s ago,"
Ma~or Dietz~ "I don~t know. Itts all news to me and a Change
Order has to be approved-'by-'the Council, so I order, no. -But Would
you be good enough to stay after this-meeting."
. ~p r. I v~ry hapPy to.~!
Mr Steinhi~ e~' "td be
;.~ayor DietS. And tell us about this Change Order.but ~e want
to get on with our agenda now. Thank you very much."
6.c. Regarding imprbvement of Jail facilities, Mayo~ Deitz'report~d
that there had been an informal meeting concerning same, that a plan
had been submitted 'which the. architect thought would"co~t'approxi--'
ms'ely $?,000.00 0r. ~!8,000.00, and-aSked that official action be taken
tonight authorizing the architect to proceed and to bring bids to the
Council for same.
Mr. Avery explained the proposed Jail facilities as follbws:
"Mm. Jacobson, the a~chitect, in our informal meeting which was open
to the public and started at.?:00 P,M., submitted a plan of a building
which would accommodate sixteen people. It will have two toilets and
will be of a temporary nature. According to the Chief of Police it
will be Sufficient to barry him over the critical period but it is
not designed by any'means to solve Our Jail situatipn, but Just.$et us
over the hump, and a~ the Ma~Or ~aid it wou~d cost $7~B0..00 or ~8,000.
wh~re the last estimate we had was about $20,000.00 and it is indicated
that we authorize th~ Architect to proceed with'plans and the procuring
of bids for ~ Jail facility which will accommodate sixteen people with
built-infixed double~decke~ b~nks, and wi~h utilizing'bna old toilet
fixtur~ and procuring as Bheap as possible another one,"and I so move."
' Ma~or Diets asked ~hat credit"for this proposed plan go to Mr.
B~rrow as the CounCil had contehplated spending $20,00O,~00"for ~aid
Jail improvement. The motion was seconded by Mr. Woodard and carried
unanimously.
'-l~r · .. a/lZ/6~. '~
6.d~ Concerning the location of a road to serve the Master Lift
Station in the City Park, Mayor Dietz stated that he thought most of
the Councilmen had seen the proposed roadway that he had staked out
with green stakes as far East as he thought-advisable, that it was
close to the last row of Royal Palms and would do the least harm to
the City, further, that if said roadway was placed further East it
would interfere with the utility poles.
The City Clerk then read the following letter from the Exchange
Club signed by Walter O. Stieglitz, President, and dated August 8th.
"The Exchange Club of Delray Beach would go on record as opposing
the construction of the lift station service road through the
center of the city park.
We feel that this location would be detrimental to the func-
tion of this area as a city park and further, a safety hazard
to the children playing therein.
We strongly recommend that the East ~dge of the park be filled
in, cleaned up and the access road b~ilt as close to the water-
way as is feasible."
Mayor Dietz said that the proposed road staked out by himself with
green stakes would only remove three small ficus trees, five seagrape
bushes and one palm tree, where if the roadway had been placed as
previously planned it would practically bisect the park causing the
removal of a large ficus tree near the Lawn Bowling, also the removal
of seven Royal Palm trees. During comments~ City Manager-Holland in-
formed Mayor Dietz that the proposed roadway had been restaked as far
E&st as it could go, which was approximately two feet from where Mayor
Dietz had originally placed the green stakes.
Mr. Avery asked the Mayor if he wished to consider the suggestion
that this roadway~b~,made out of green concrete so that it could also
be used for skating purposes. Mayor Dietz said that it was too close
to the Intracoastal-Waterway for that purpose, and that if the twelve
foot.road was constructed to take care of the trucks that would have
to use it, and have it as unnoticed as possible, that the park would
be rendered the greatest service.
Mr. Woodard moved that the proposed roadway Le constructed as far
East as .is-staked out by the green stakes and that th~ funds for same
be taken from the sewer account. The motion was seconded by Mr.
Barrow and carried unanimously.
6.e. Concerning proposed offer for exchange of privately owned lands
for City property, Mayor Dietz said that he was not familiar with this
item, further, that the City Manager was not familiar with the item,
and that he would like it deferred until the next regular meeting in
order to study same, it being so moved by Mr. Woodard. The motion
was seconded by Mr. Barrow and carried unanimously.
Mr. R. R. Bonnell, a local realtor, explained that the South 7 feet
of 'Lot 6 and all of Lot 7, less the West 5 feet thereof, also Lots
8, 9, 10 and 11, Block 117, which is owned by Mrs. Pauline King, and
would be beneficial to the City. for off-street parking, could be ex-
changed fortuity owned property lying south of s. E. 10th Street be-
tween S. E. ~th end 6th Avenues.
Mr. Woodard reminded the. Council that a committee had been appointed
recently to investigate the feasibility of exchanging City property
for privately owned property in order to provide parking for the down-
town area, and ~hat this committee has been quietly investigating
numerous possible sites and .locations, further, that this proposed
exchange of'land concerns some of the.property that the committee, has
looked at. Mr. Woodard further stated that there had been a number
of offers for trade, and that most of the offers that have been
-18- 8-12-63
279
received are interested in the same piece of city owned property.
-That one of the property owners being negotiated, with is Florida
Coastal Theatres, Inc., who own property in BloCk 117. -.
Mr. Bo~ne11 said that he would be more interested in the' City
exchanging PrOl~erty with the Florida Coastal Theatres, I~, ,'rather
than ~Ts. K~ng as he had proposed, and asked what had been accomplish-
ed with Florida Coastal Theatres,' to which Mr. Woodard answered= "I
have had two letters from them and also Mr. Sarma telephoned me from
st. Augustine stating that he was definitely interested. That he had
been in Tallahassee fcr the entire Legislative Session and~that his
work wes pi!ed up at his office and as soon as he got caugh~ up-w£th
that, he would be back down. Since he telephoned me 'and since he
wrote, less than a week 'ago, I'wrote him again because we now have
four alternate pos~ibilities for getting a movie theater here in town.
Since we discussed that, there are three other individuals or corpo-
rations who are considering building a theater and we have to put this
thing together and we can't act on one ~%ntil we consider 'ali of the
possibilities, so there is a lot going on, but it is a little prematur~
yet."
6.f. Concer~xing authorization for change in roof construction of the
West Side Community Center, the City Clerk re~orted that ~is item had
been placed on ~e agenda in order that ratification may be made by
Council to approve the action authorizing~the roof change A~ Drder
that the City may receive its desired 20 year guarantee. That this
authorization was given during the past three week period of lapse in
Council meetings on the advice of three Councilmen.
Mayor Dietz explained that in the plans for'said Community Center
he had stressed that there be a 20 year bonded roof. That the bui!d-
ing had been designed and apparently everything was alright in the
building except that the bonding company would not bond the roof made
as it was, further, that all the bids received on said construction
of the Community Center were submitted per plans and specifications
but with the exception cf the 20 year roof bond, but that this ex-
ception had not been brought to Council attention ~at the time of bid
analysis and letting of ~he Contract. ~ayor Dietz further stated that
this change wouId not cost the City any more money in that it would
have been $450.00 at the time of bidding and is $450.00 at this time.
That the work had been stopped on said Community House construction
for a short rime'until this difference had been worked out, but there
should be official Council action approving this additlonal cost of
$450.00, it being so moved by Mr. Wooda~d. The motion ~,a~ ~econded by
Mr. Avery and carried u~:animously.
6.g. Con~erning street lighting for future improvement of West
Atlantic Avenue, the City Clerk informed the Council that they had been
sent the report from the City Engineer, together with the suggestion
of the Florida Power & Light Company, relative to future lighting of
West Atlantic Avenue, and that an early determination of'a desired
plan should be made in order that FlOrida'PoWer & Light Co~p~ny may
coordinate their pole locations with the state Highway designers, as
w~ll as allowing sufficient time for procurement of all necessary ma-
terial. It was also reported that the City Manager recommended Plan
2, for the 11,000 Lumen Lamps, Which is like the lighting betWeen the
Intracoastal waterway and Eas~t 6thAvenue. It was also made known that
if Plan 2 was installed, the lights could be enlarged~ater without
any additional charge Other than the additional current.
Mr. Avery mo~ed to follow the City Manager's recommendation con-
cerning installation of Plan 2, the motion being seconded by Mr.
Woo~ard and carried unanimously.
6.h. Concerning drainage' in connect/on with proposed West Atlantic
Avenue improvement, which item wes discussed at the last Council
meeting and a committee appointed to study same in detail, City Manager
Holland reported as followa~ "Mr. Mayor, the drainage problem is too
expensive for the City-to handle. Mr. White was pushing us for an
-19- 8-12J63
'280
answer, so after discussion with Mr, Fleming and realizing that the
$154,000.00 would only pay for the. increase in'th® size or,pipe and
would in no way touch or cure the ailments in that Particular area
drainage-wise, I told him to count us out and go ahead w~thhis plans."
Mr. Avery. moved to approve the City Manager~s actions, the motion
being seconded by Mr. Barrow and unanimously carried.
6.i. City, Manager Holland offered to present to the City of Delray
Beach a most historic autographed map of the various states of the
Nation, which map had been presented to him by a local resident, Mr.
Frank Fisher, who is one of the two' surviving Spanish American War
Veterans, and that these two surviving Veterans had, through their
own efforts, obtained a statement from the governor'bf each State.
The City ~anager, said that the map was quite interesting and should _
be hung so that the general public could read it.
Mr. Avery moved that the City accept this map and that a .proper
letter of thanks be sent to Mr. Fisher. The motion was seconded by
Mr. Woodard and carried unanimously.
6.J. Concerning plans and specifkcations for certain items of im-
provement for the Water System.in accordance with Council directive
as contained and .set forth in the minutes of a special meeting held
· on June 251~ 1963, Russell & Axon. submitted the following proposal,
dated August 5, 1963 .and signed by Frank Ti Os~een, Jr.
"SubJectt Water System, City of Delray Beach, Plorida.
When ,we were authorized to prepare final plans and specifications
for certain items on .a water system, we were also requested to
provide you with a proposed lump sum engineering fee.
The items covered by. the a~thorizati0n are as follows~
1. 1500 gpm well with dual drive, electric motor, gas01ine
engine, turbine type .p~mp an~ the necessary raw water
supply line Estimated cost~ $31,500
2,,4000 gpm, forced draft aerator ,for north plant
.,-Estimated'cost= $1,5,000,,
3.Re-location of 1tme f.ee~ point and mixer
Estimated Cost: $.2,500
We will prepare thenecessary pIans and specifications for these
items for a lump sum fee of $1,950. Otherwise, the fee will be
on the basis of the percentages provided for in the contract.
We expect to:provide you ~ith.the completed plans and specifi-
cations on or,about September 15,.1963."
Mayor Dietz-skated that he was not too impressed with the inspec-
tions the city wa~ getting from.Russell & Axon and before the city
gets further involved with them he would like for the current issues
to be straightened out satisfactorily, and that the 'item on Water
System Improvement be deferred until such time,
It was suggested that this item be placed on the agenda of the
next ~e~A~ar.meeting and a~so in conjunction Wi.th this request in-
clude the.ap~priate minutes from the 'SPecial water Meeting of June
25th in order:to see how.th~s~pro~osal fits in with the ~ater program.
Mayor.,Dietz.~,asked :that the C~ty Clerk p!ace this item on the agenda
of the, next regular meeting,
7.a. The following applications for water service to be extended out-
side the city ye. re presented ,and it,~as rePorted that the City Engi-
neer had determined that'~here was a sufficient Supply'of water ex-
/sting in the ~reas invo'l~ed.
-20- 8:12-63
1.Lot 6, Block 4, Lake-Ida Gardens S/D.,
1002 N. W. 4~h Avenue,
2.~ot 70, Delray Beach Shoree, -1002 Lewis Cove, City.
3. Lots 3 thru iI and 36 ~hru 44,. Block 3-7, plus; a
triangular strip adJacentl thereto, all~ being in
Del-Rat. on-Park, 2200 South Federal.: Highway, City.
4. A-tract of land fronting on North Federal High~a¥
for 200 fe~.~- and extending westward thru to-Old
Dixie Highway a distance of approximately 231 feet,
1750 Nort/'~ Federal Highway, City.
5.Lot 29, Lake Shore Estates, 1829 N. W. 3rd Avenue, City.
6.Lot 36, Lake Shore Estates, 1820 N. W. 2nd Avenue, City;
The City Clerk reported that the first four items !ist~d above are
" annexab!e and &n~'~exaticn Ordinances for_ same wou~d be ;presented at
] this meeting.~ and conce~'ning the last two i'tems, that applicants had
executed ag~'e, ements whereby Lots '29 and. 36, Lake Shore 'estates 'may be
~- annexed to the City of Delray Beech when it becomes l~ga! .to provide
therefor.
The s~x applications for water extension outside the city were
unanimously granted on motion by Mr. Woodard and seconded by Mr. Avery.
7.b. A petition for change of zoning classification from R-2 to R-3
of Lots 23, 24 and 25, McGinley and- Gosman S/D., from Mr. Edgar
DeCarie was presented. Said petition fo~ rezoning was mlanimously re-
ferred to the Planning/':',oning Board for public hearing thereon, on
motion by Mr. Barrow and seconded by Mr. Avery.
7.c. A peti'~ion for change of zoning classification from R-lA to
R-2 of Lots 1 ~hru 13 (Sinks Plat) a replat of part of Lots 2 & 3,
Block 1, Model Land Company~e:Subdiviaion of the West half of Section
21-46-43, from Mr. James I. Sinks was presented. Said petition for
rezoning was unanimously referred to the Planning~Zoning Board for
public hearing thereon, on motion by Mr. Woodard and se. conded by Mr.
Avery. - ~ .
7.d. The Council was informed that the Young Adult Guild of St.,
Matthews Episcopal Church requests pe~aission to-hold .a "Block Dance
and Entertainment" on that part of improved--$. W. 4th Avenue lying be-
tween 1st and 2nd Stree'2a, on Friday, August 16th, begir, ning at 7:00
P.M., and th~ Vicar, Father Jolul F. Moore, assures proper control and
regulation as wall as -::hat all proceeds are to go to the general
building fund of the Church.
Following leng~hy d£~cussion, MrS. Avery moved that said permission
be granted subject to the C~ief of Police getting with the Vicar, and
also getting consent of the property owners adjacent to said location
and their judgment be exercised in the control of said dance and
entertainment. Th~ motion was seconded by Mz. Woodard ar:d carried
unanimously.
8.a. The City Clerk read.: ORDINANCE-NO. G-4~6.
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 28,
TO~%qSHIP 46 SOUTH,' RANGE 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 T~E RIGHTS AND.
OBLIGATIONS OF SAID LANDS~ AND PROVIDING FOR THE
ZONING THEREOF. (Lots 3 thru 11. & 36 thru 44,
Block 37, Del-Raton-Park plus triangul~r s~riP) ·
Ordinance No. G-496 was unanimouslyplaced on first reading
motion by Mr. Woodard and seconded by Mr. Avery.
282
8.b. City Clerk worthin~ .read' ORDINANCE NO. G-497.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP
DELRAY BEACh, -FLORIDA, ANNF, W~TNG TO THE CITY OF
DELRAY BEACH CERTAIN LAND~ NAMELY LOT 70, DELRA¥
BEACH SHORES, W~ICH LAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY; REDEFININ(~ T~
BOUNDARIES OF SAID CITY .TO INCLUDE SAID LAND; PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
AND PROVIDING ~OR THE ZONING THEREOF.
Ordinance No. G~497 was unanimously ~laced on first reading on
motion by Mr. Avery and seconded by Mr. Woodard.
8.c. City Clerk Worthing read ORDINANCE NO. G-498.
AN" ORDINANCE OF THE' CITY COUNCIL-:OF THE CITY OF
DELRAY BEA~, FLORIDA, ANNEXING TO THE'CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 6, BLOCK
4, LAKE IDA GARDENS, WHICH LAND IS CONTIGUOUS TO
EXISTIN~ MUNICIPAL LIMITS OF' SAID': CITY; REDEFINING
TH~ BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING.~OR THE RIGHTS AND OBLIGATIONS-OF SAID
LAND~ AND PROVIDING FOR THE ZONING THEREOF.
-Ordinan~e No~ G-498 waa.unanimously~placed on~, first-reading on
motion by Mr. Barrow and-.seconded by Mr. ,Woodard,
8.d. The City Clerk read ORDINANCE NO. G-499.
AN ORDINANCE OF THE CITY'COUNCIL OF THE. CITY OF
~E~AY ,BEACH, FLORIDA, ANNEXING:TO T~E ~I~TY
~ERTAIN LANDS T.'0CATED IN~'SECTION 8; TOWNSHIP 46
~OUTH, RAN~E~43 EAST, WHICH LANDS ARE CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE-
FINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LANDS; PROVIDING FOR THE RIC~HTS-~AND OBLI~
GATIONS OF SAID LANDS; AND PROVIDING" FOR THE
ZONIN~ THEREOF.
Ord.~.nance NO. G-499 was unanimous~y placed on first reading on
mot~On'~.by.Mr~ Woodard and secon4ed'by~.Mr.-Avery.
8.e. The City Clerk read ORDINANCE NO~ G~500.
AN ORDINANCE OF ~THECITY COUNCIL OF THE CITY OF
DELBAY BEACH, FLORiDa, ANNEXIN~ TO THE CITY CERTAIN
LANDS LOCATED IN SECTION~9, 'TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY; REDEEINING THE
BOUNDARIES OF SAID CITY TO.INCLUDE SAID LANDS; PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS;
AND PROVIDING FOR THE 'ZONIN~ THEREOF.
Ordinance No. G-~00 was,unanimously placed on first reading on
motion by Mr. Woodard and ~ecohded by Mr¥ Avery~
The CitY~'Clerk announced '~hat Mr. Karl~F~ Hauser, President of the
Hauser ConstrUCtion & :Engineering: corporation,, whose property is de-
scribed i~.~0rdi~ance No. ~G-500, a~:~ho~s going t~ construct a Dodge
Agency on said property, informed h/m~'that'~ there .Would be ground-'
breaking ce~em6nies.at11:30 A. 'M:;:~Tuesday, A'Ugu~ 13th;- and that he
desires the presence of as many of the Council as can attend, also the
C~y M~aa~ and 'the' City 'A~t~=ney~
-22- 8-12-63
283
8.f. The City Clerk reported that BMBRC~CY ORDINANCE NO. 0-501 had
been prepared at the request of Mayor Dietz, which Ordinance would
make it unlawful- for any person to drive or operate an automobile
converted to operate on railro.ad tracks at.-a speed in exee~$ of
fifteen mA.les per hour within the corporate limits. The Mayor re-
ported several near-accidents as a result of sa:id "high-railer" tray-'
sling through town at an exce~sive rate of speed, and it was reported
that said. vehicle was not of su~ficient weight to cause the lights
and crossing gates tO operate at railroad crossings.
Following lengthy discussion and comments, Emergency Ordinance
G-501, with a change of speed limit to twenty-five miles per hour,
was unanimously passed and adopted on first and f~na! re~dtng on
motion by Mr. Woodard and seconded by Mr. Avery.
ORDINANCE NO. G-501.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL, CITY
OF DELRAY BEACH, FLORIDA, MAKING IT UNLAWFUL FOR.
ANY PERSON TO DRIVE OR OPERATE AN AUTOMOBILE CON-
VERTED TO OPERATE ON-RAILROAD TRACKS AT A SPEED]
IN -EXCESS OF TWENTY-FIVE~ MILES PER HOUR. W~THIN
TH~ CORPORATE LLv~TS.
.(Copy of Ordinance. No. O-501 is attached to and made a part
of the official copy of these minutes.) (See-Page 286-B)
Mayor Dietz asked that a copy of Ordinance No. G.-501 be mailed to
the Railroad Company that they may k~ow that. Delray Beach had passed
such an ordinance.
8.g. It was reported that the Church of the Palms, Congregational
United Church of Christ, Inc., recently consented to the annexation
of Lots 52, 53, 5.4, 55, 58, 59 and 60, Lake Shore Estates, t~hrough
the center of which exists an' easement rur~ning North~ and South,
further, that said easement conflicts with the improvement plans of
the Church of the Palms~ That in_.view of the. fact that said easement
has never been Used for public .utilities and~ ~is' unnecessary for mu-
nicipal purposes, it is recommended that the request of said Church
of the Palms for abandonment of"'the easement extending over the East
5 feet of Lots 52, 53, 54 and 55, and over the West ~ feet of Lots
58, 59 and 60, Lake Shore Estates, be granted. It was also reported
that in the petition by sa£d church for the annexation of their pro-
perty, one of the provisions of annexation. Was that the easement be
abandoned.
City Clerk Worthing then read RESOLUTION NO. 1459.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA~ V~CATINO AND ABANDONING
A PORTION OF EASFA~ENTS AS SHOWN ON A. PLAT RECORD-
ED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS
OF SAID PALM BEACH COUNTY, FLORIDA.
(COpy of Resolution NO. 1459 is attached to and made a part of
the official copy of .these minutes~ ) (See Page .286-A)
Resolution No. 1459 was unanimously passed and adopted on motion
by Mr. Avery and seconded by Mr. Woodard.
9.a. It was 'reported.'that the Planning Board, .as a result of request
by Council that a study of the. Building Code be made in order to
effectively re~nforce'certain sections of the building regulations,
suggest that the~-firet paragraph.o~ Section 703.1 (a) in the Supple-
ment to the Southern standard Bu£1ding. Code be amended to read as
follows ~
"For the purpose of this section;' when a building· is
divided by a fire wall, or a party wall, into two or
more sections, each section shall be regarded as a
separate building". -23- 8-12-63
28 .
It was also reported.'~at, the Planning Board felt that the proposed
change would help to eliminate the possible re=urrence, of smoke.'
damage to occupants of other .stores or 'busin~-sses in the samebui.ldin~.
Mr. Avery moved that this inclusion be ma~e 'in the Building Code,
the motion, being seconded, by Mr. Barrowand carried unanimously.
Mrs.' Clara McMurrian, whose West .Atlantic Avenue Store was recently
damaged bysmoke from a fire in an adjoining building, had requested
that this phase of the Building Code be'studied and revised or cor-
rected in order.that others, in the future, would not be Victims.. of
suoh~a circumstance.
9.b. The City Clerk read the following'Planning Board Report, dated
July 26, 1963.
"Re: The request of Roy Brady to rezone three (3) lots in
Block 9,~ Dell park from R-2 to R-3;
A public hearingwas held On ~his.request on June19th, 1963.
Action by the Board 6n this.requestwas delayed-until deed re-
strictions.couldbechecked. At the ~UlY 26th meeting, this
request'was discussed and the Board felt that a Study should
be made of the entire area from N. E. 8th Street to the City
limits-, on N. E. 3rd'Avenue, of all the property'facing ..the
railroad right-of-way, to decide if it might be feasible to
rezone this entire striP. This action would require another
public hearing of all .the property owners who might be affected.
On a motion by J. Kabler, seconded by D. Jebb and unanimously
pas~%d., that the request to rezone be held in abeyance until a
study.could be completed of the area. At the present time, to
~gran~'~thie~request', would const~itUte spot zoning. Mr. Brady is
agreeabl~ to~ this action."
Mr~ 'Avery'-mo~ed'. to ~acCept the recommendation of the Planning/
Zonin~ Board, the mo~iOn' being, seCOnded'by Mr~ Barrow and' unanimously
carrie~.-
9.c. The City Clerk. read 'the following Planning Board Report, dated
July 18, 1'963.
"The Planning Board held a public hearing for the purpose of
hearing objections to a rezoning request for Lots 12 through
19, Block 12, Osceola Park, from R-1AA to R-3. Members attend-
ing were: Chairman, 'pro rem, K. Jacobson~ Col. Fabens, J. Kabler,
R. Hanna, S. Lankton.
Ninete%H (19) property owners were notified~ only one (1)
appear~ from,this group to object. There were several
proper~owners from across the waterway who at~ended, and
voiced their objections.
Mr. Schell, the owner of the property, presented an actual
photograph of a co-op apartment building that is proposed
for the property.
Several letters were presented that opposed the rezoning.
.They are on file in th~,office of the Zoning Director.
After the pUblichearing was adjourned,-the Planning Board
'disCussed the proposal. It was moved by Col. Fabens and
seconded by J. Kabler and unanimously passed,.that the
Planning & Zoning Board recommend that the proposed rezoning
be denied;' on the basis that it is out of character with the
areas to the north and'south of this ~property. The proposed
R-3 would, be spot zoning."
-24-' 8-12-63
285
Mr. Avery moved to accept the recommend~tionof the Planning/
Zoning Board An'denying said.request for rezoning, the motion being
seconded byMr. Barrow and unanimously carried.
9.d. Concerning a Planning Board report dated July 26, 1963 as a
result of a public hearing held on rezoning of a parcel of land on
West Atlantic Avenue located:in Section 18-46~43, Mr. woodardasked
if action on this item could be deferred until the next. regular Council
meeting. It being agreeable with other Councilmen, Mayor Dietz asked
the City Clerk to place this item on the next agenda.
10. Mr. Woodard inquired of City Manager Holland concerning a meeting
held last week regarding maintenance of canals.
City Manager Holland reported that he, together with Mr. J. H.
Scheifley and Attorney Henry D. Crowley of Tropic Isle Subdivision,
City Engineer Fleming, City Clerk Worthing and City Attorney Adams
held a lengthy discussion concerning said canal maintenance and con-
cluded that there should be further research which wes assigned to
the City Manager and to Mr. Worthing. That this research should in-
clude further detailed study and more in.formation and that another
meeting would be held in thenear future.
10.a. A bill in the amount of $75.00 from City Attorney Adams for
legal services in connection with two appeals was presented, and it
was reported that theCouncil had authorized him to act in.behalf of
the City before the Circuit Court regarding these appeals.
BAlls' for approval were presented as follows:
General Fund $104,106..16
water Fund - Operating Fund 13,045.77
Special Trust Account - First National.Bank of D.B. 158,187.23
Special TrustAccount - Delray Beach National Bank 186,981.58
Mr. Woodard moved that all thebills be.~paid, the motion being
seconded by Mr. Barrow. Upon call of roll, Mr. Barrow, Ma. yor Dietz.
and Hr. Woodard voted in favor of the mot/on and Mr. Avery was
opposed. Mr. Avery qualified his vote in that there Was.a bill from
the company for which he works in said bills fo= approval.
The meeting adjourned at 10=55 P.M. by order of Mayor Dietz.
~. R~ D. WORTHING
City Clerk
APPROVED=
MAYOR .
-25- 8-12-63
286-A
A RESOLUTION OF THE CITY C0~CIL OF
T~ CITY OF DE~Y B~0H, FLORIDA,
VACATING AND. A-~N~N~ ~' PORTION OF
~SE~TS AS SHO~ ON A P~T ~CORDED
IN P~T BOOK 25, PAGE ~6, OF T~ P~LIC
~OR~ OF S~ID PA~ B~CH CO~ F~RIDA.
~S~ C~CH OF T~ PA~, CONG~GATIONAL
~ITED C~CH OF CHRIST, INC., a Florida corporation has
~de application to the City Council of the City of De~ay
Beach. Florida, to vacate a portion of easements sho~ in
Plat Book 25. Page 26, of the ~blic Records of said Pa~
Beach County, Florida; and
~S, said portion of easements has never been
used for public utilities and is u~ecessary for any munici-
pal purposes.
NOW, T~R~O~. BE IT R~OL~D BY T~ CITY CO~CIL
OF T~ CI~ OF DE~Y B~CH, F~RIDA, AS FOLLOW:
~t pursuant to para~aph t~ee of Section seven of
the City Charter Of the City of De~ay Beach, Florida, we
hereby declare abando~nt of the following portion of eaSe-
ments r&fe~red ~o hero.above and described as follows:
~e East 5 feet of Lots 52, 53,
and 55; ~d the' West 5 feet of ~ts
58, 59 and 60, all of which
within ~ SHO~ ~TATES, Pa~
Beach County, Florida, per Plat
Book 25, Page 26, of the Public
Records of said Pa~ Beach Co~ty,
Florida.
PASSED AND ADOPTED this 12th day of ,Au~st ,
1963.
MAYOR
ATTEST:
ROBERT D. WORTHtNG
286-B
ORDINANC~ NO, ' G-
AN EMERGENCY ORDINANCE 0P THE CITY
COUNCIL, .CITY 0F DEr.RAY BEACH, FLORIDA,
M~KING IT UNIAWPUL FOR ANY PERSON TO
DRIVE OR OPERATE AN AUTOMOBILE CON-
VERTED TO 0PER~TE ON RAILROAD TR~CKS
AT ~ SPEED IN EXCESS OF TWENTY-FIVE
MILES PER HOUR WITHIN 'THE CORPORATE
LIMITS.
WHERF~S, it is necessary to the safety, health,
life and welfare of the inhabitants of th/s City that the
speed of certain automobiles converted to operate on rail-
road tracks (also known as '~igh-railers") be regulated in
ordem to help prevent imminent dangem to the safety of said
inhabitants;
NOW, THE~tEFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OP DELRAY BEACH, FLORIDA:
Section 1. it shall be unlawful for any person
to drive or opePste-an a~tomobile conve~te5 to operate on
PaL%road tracks st a speed in excess of twenty-five miles
per hou~ within the corporate limits.
Section 2. Any person who shall violate this
Ordinance, upon conviction thereof, shall be fined not more
than $~00.00 or imprisoned in the city Jail not exceeding
sixty (60) days, or both such fine and imprisonment.
PASSED AND ADOPTED on the _ 12th day of August,
1963, to be effective i~n~edistely.
/s/ WA~,TFa ,DZE~Z,
Mayo~
ATTEST:
/S/ H. D. WORTHING
City' Clerk ....
AGREEMENT FOR SEWER SERVICE
This Agreement, made on this ~ day of
, A. D., 19 , by and between
, hereinafter called
the OWNER-CUSTOmER, and the CITY OF DELRAY BEACH, a Municipal
corporation of the State of Florida, hereinafter called the
CITY:
WITNESSETH, that the OWNER-'CUSTO~ER, his heirs and
assigns, for and in consideration of obtaining sanitary sewer
service to that certain real property presently outside the
corporate limits, at , Delray Beach,
(street address)
Florida, more particularly described as:
agrees as follows:
1. The OWNER-CUSTOMER agrees to pay all charges,
deposits and rates for services in connection with the sewer
service under the rate schedules which are now applicable or
as may be changed from time to time.
2. The 0WNER-CUSTO~ER further agrees that the exe-
cu2ion of this Agreement shall be considered as a Petition for
A~n~xation.
It is understood by the parties hereto that the OWNER-
~CUSTOMER is entitled to one sewer connection to the aforesaid
property free of charge, and that if additional sewer connections
aredesired they will be covered by a supplemental agreement.
IN WITNESS WHEREOF the parties hereto have executed
this Agreement the day and year first above written.
WITNESSES:
AS TO OWNER-CUSTOMER
ATTEST: CITY OF DELRAY BEACH
By
City Clerk Mayor
APPROVED AS TO FOR~:
City Attorney