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12-23-63 in ~ Co~ctl ~a~ers a~ 8~00 P.~., wi~h Vi~e-Mayo~'~l C. B~, ~orge Talbot, Jr. and Oliver W. ~odard, J=., 1, '-An o~.~.g pra~r ~s delivered by ~e ReV. ~lph B. V~ue-~yor Avery announced that ~s. Catherine Strong paSse~ away this morn~flg, and ~hat he felt Del=ay Beach had of~ ~s~ ~m~rtant c~t~ze.s a.d the Council should hold a ~ity Clerk Worthing read ~SO~IO~ ~. I469. A ~SOL~IOS OF ~ CItY CO~CI~ OF ~ CITY OF DEL~Y B~CH, P~R~~. ~S, Almighty GOd, ~n his ~n~n~te w~s~om has se~' take from our m~dst o~ ~loved friend and c~t~zen, ~T~RI~ STRONG, and ~S, '~RE~ E. STRONG ~r~buted ~self!s~ly o~~ her t~me, leadership an~ ability ~n ~he developmen% of the C~ty the years, and ~S, sa~d ~RI~ E. STRONG served ~s C~y ~ d~s- t~nction as Ma~= in 1954, a~ as a me.er of ~e Co~1 ~ars 195~, 1956 and 19S~, and she' ~S subsequently m0~t active n~erous co~ittees to which she was appointed, an~ ~S, the C~ty Co~c~l on behalf of ~e c~t~zens of C~ty of Delray ~a~, ~lor~da, being desirous ~at her ~ffor~s- recog, ize~. acclaimed a~d pe~ane~tly re~=ded ~ se~on 1. ~at the City Council does hereby pause ~ ho~ge tO ~e ~mory of ~RI~ E. STRONg, and to e~ress sincere and deep s~pa~hy to her family. Section 2.~ ~a~ a c°P~ of ~is resolution be for~rded~t her family. ~is resolution unanimously adopted and ~ssed ~is ~' ~c~er, 1963. Resolution No 1469 was unanimously passed and adopted o~ mo~on 'by ~. Barrow and seconded by ~. ~lbot. A prayer ~s off.red by the Re.rend Ralph B. JohnsOn. Vice-Mayor Ave~ co.anted as follows= "To ~e family of Catherine Strong ~ offer our sinuere s~pathies and ask Almighty ~at he will give ~ St=eng~ to aucept th~s d~spensat~on of D~vine Provide~e. ~e funeral w~11 be hel~ ~ursday a~ 3~30 at ~e F~rSt Baptis~ ~urch after wh~ inte~en~ w~11 be ~n ~e ~l=ay B~auh Cemete~. ~is ends this Memorial Se~ce." 2. ~e ~uncil minutes of the regular meeting of ~c~ ~d s~Uial ~e~ng of ~ce~r 6~ ~e ~animously approved mot~0~ b~ ~. Woodard and'S~o~d by '~. Barrow. .~,~ 3. Mr. James Bowen, 105 Bonnie Brier'Lane, read a letter he had written to the Council complaining about the conditions, of the area of S. E. 1st Street and. the City Docks where he owns rental property, these unsatisfactory conditions resulting from installation of the Sanitary Sewer system. Further, that these conditions had been re- ported to Russell & Axon and to the City A~ministration, and nothing had been done to correct the tmsatisfactory conditions, and requested that the C°u~cil take strong steps to correct these conditions im- mediately. Vice-Mayor Avery said the Chair ~ould entertain a motion that this be referred to the City Manager with a report back to the Council at the next regular meeting as to what action has been taken, to which Mr. Bowen said he felt there should be immediate action in getting this area cleaned up an~ in proper shape. Mr. Woodard, who had been designated by the Council as liaison between them and the ~ngineers, said that he and the C~ty Manager would look into the situation tomorrow. During discussion, City Manager Holland informed the Council that said situation could not be corrected tomorrow, that he and Mr. Woodard had no authority to do anything but to give further instruc- tion to the Engineers, and commented as follows= "I want to ask the Counct! tonight, and wtll ask now as a matter of record, that the City and the City Engineer, the City Manager and the 1/aison to the resident Engineer be given some authority. We have no authority to do anything. Mr. Bowen has been in my office, I have had him with Mr. Switzer and with Mr. Fleming and Mr. Woodard." City Manager Holland said the conditions in this area should have been taken care of but there were other~plaoes in the City that were in as bad a condition if not worse, but that these people just mentioned have no authority so far as the City is concerned to give any instructions or do anything except relay these problems to the engineering firm who have the authority to tell the contractors what to do. The City Manager continued= "That has been the problem of this sewer project all the way through, and I am getting tired of this being laid in my lap every night and day where there is no basis for it. You should either give me authority with Mr. Fleming and Mr. Woodard to create some action or you should delegate Mr. Switzer or Russell & Axon to solve these problems. It is Just as simple as t~at." Mr. Barrow said he felt the sewer specifications were well written and asked what authority the City Manager needed to see that they were carried out. Following discussion, Mr. ~arrow moved that the City Manager have the authority to crack the w~p and see that the plans and specifications are carried out and if they are not and it becomes necessary, the City Manager call a' special meeting to get this work done, the motion being seconded by Mr. Vice-Mayor Avery asked City Attorney Adams about the legality of such action as has justbeen moved, to which the City Attorney said he did not believe the Council wanted to turn the full respon- sibility for the maintenance of the specifications over to the City Manager. Mr. Bar~ow answered= "No, but if they are not carried out to bring it back to us." City Attorney Adams= "I think he has enough authority that the resident inspectors are supposed to be doing a reasonable---they are supposed to be doing a competent Job." Mr. Barrow= "I think so too, but if he lacks authority and needs it, then I want to put it where it needs to be and if he doesn't have the necessary authority, to bring it back to us to ~ssue the -2- 12-23-63 necessary au~hority. That is the point I am trying to make." Vice-Mayor Avery: "The Chair would like to ask the A~ey= Does the City Manager have the authority t° accompl{qh City Attorney Ad&mst "He does through Russell & Axon but~his onlF ~pproach now as he says is to go to Russell &-Axon and ~e{! t.hem th~ ~re not getting the job done and if they are not he shou~ came ba~ to the Council and Russell & Axon should be put on the c~rRet." Mr. Barrow: "That is exactly what ! am after." C'ity Attorney Adams~ "Just so you don't pass anything w0~d affect their responsibility whatsoever." Vice-Mayor Avery asked that the motion be replayed fro~ tare ~nd that the City Attorney listen carefully to same. City Attorney Adams then said~ "As long as the motfon passed with the understanding that his activities will'be di~e~ted at Russell & Axon, at least at the present time, and if that doesn't work then we can redraw the responsibilities under the contract or withhold payment to Russell a Axon or some other wedge can be used." Mr. Barrow and Mr. Wood&rd both accepted that clarification to their motion and second, and Mr. Barrow said he was very d~ssatisfied with the way this whole program is being handled and whatever is necessary to get the right authority in the proper place is what he desires. During discussion, City Manager Holland said that all he wanted was enough authority from the Council to tell Russell & Axon that things were not accomplished that he would go to the Counci! with same, to which Vice-Mayor Avery said the City Manager had that author- ity. Upon call of roll the Pending motion carried unanimously. 3. Mr. Wm. J. McLaughlin, 800 South Swinton Avenu~ presented the following letter, dated December 18, 1963 to the Council. "As the parent of Robert M. McLaughlin, defendant in the above mentioned case, I respectfully request that said case be expunged from th~ record aBd the fine of $60.00 (Sixty Dollars) be refunded tohim. I am of the opinion that the arresting officer was without authority to make the arrest in the first place as he did not witness the alleged misdemeanor, and that the court erred when it did not ask the arresting officer if he' had witnessed the accident. Section 317 - 'Regulation of Traffic on Highways' - places limitations in these 'situations." A letter dated December 13, 1963 from Municipal Judge Nowlin to Mr. Wm. J. McLaughlin concerning said case was read, which letter stated that the Judge investigated said arrest'&nd trial and did not believe the Municipal Court could do anything to change the dispos- ition of the case or order a remission of the fine, and referred to Section 57 of the Charter on fines and penaIties, further, that since it was his feeling that Mr. McLaughl~n's son was in fact guilty of the charge, did not believe he ~ould make a favorable recommendation to the CounciL.for.action ~nder said Section 57. PolIOwing discussion,~ Mr. W0odard moved to sustain the commendation of the Municipal Judge, the motion being seconded hYMn. Talbot and unanimously carried. -3- 12-23-63 X. 'Vice-Mayor Avery announced that there would be several sixty- second breaks during ..the Council meeting in order for the broadcaster to make announcements for the sponsor of this broadcast. 4.a. A roll call showed the following Civic Organizations and re- presentatives to be in attendance: Breezy Ridge Estates Mr. John Sword Planning/Zoning Board Col. Andrew L. ~abens 5. City Clerk worrying read the following letter from Mrs. Paul S. Knowles, dated December lSth: "It gives me great pleasure on behalf of my family and myself to have receive~ the resolution from you in com- memorating a park to honor my late beloved husband, Paul S. /O~owles. ! am sure that he would be very proud and pleased with this fine recognition of his efforts and devotion toward the beautification of Delray Beach. Thank you so much." 5. The City Clerk read the following letter to City Engineer Fleming from Victor H. Nee1 of Nee1 Farms Market, dated December 8th, 1963: "I would like to take this opportunity to express my thanks to you for having the parking area fixed around my store. You probably feel that you were just 'doing your job' but I really appreciate the fast service and your cooperation in getting the Job done right away. I feel that we people here in Delray are fortunate in having men like you to help manage our town and keep things going." 5. City Clerk Worthing read the following letter to City Manager Holland from Mr. George C. Davis, Architect, dated December 13th, 19631 "As a public official, ! can imagine you get many com- plaints daily from local citizens about their city services. It is with pleasure then that I write you and state that I cannot remember, in our eight years residence in the city, of receiving nothing less than good service. I would Particularly like to commend your Mr. Frank C. Pierce for his work and his attitude in office. I have always found Mr. Pierce to be courteous, efficient, and a definite asset to the town. The quiet and prompt manner in which he and his men go about their jobs is appreciated, not only by me but by many other people." 5. City Clerk Worthing announced that the City Hall would be closed on Tuesday, December 24th as well as being closed on Christmas Day, and that there was a depository in front of the City Hall for the convenience of the citizens .in paying bills if they desired to use same. -4- 12-23-63 5.a. Mr. Woodard referred to sketch and memorandum from City Engi- neer Fleming concerning the layout and cost estimate of paving the proposed City parking lots. Further, that in discussion with F%~,~nce Director as to where funds would be available for thi~ PrO- je~, 'he was informed that there wss a street maintenance fund c~pi~l Improvement ~d, and he felt said cost should be paid th~ qapital Improvement Fund. Mr. Woodard moved that this cost in the amount of $8,17~,00 be ~ocated from the Capital Improvement Trust Account for the'~0st of paving the parking areas, and the City Manager proceed as ~romPtly as P0Ssible. The motion was seconde~ by Mr. Talbot who wo~dbe solicited on this work. ' Mr. Woodard asked City Engineer Fleming to elaborate o~ ,this item ~hich he did as ~ollowa, "The price I gave you is dose by contract. It should bespeciflcatton written and bids ~en. It can be done rather quickly. That is an estimated cost. A very close estimate on the paving, I think." . ' Vice-Mayor Avery said it had been moved and seconded th~ the city ~anager be directed to proceed in~ediately with this the proper and legal manner and t~hat the funds, not to exceed's8,175 be allocated from the Capital Improvement Trust Fund, andupon call of roll, the motion carried unanimously. A one minute break. 6.a. City Clerk Worthing informed the Council that Mr. RO,h~.rt A. Hellend, operating as "Heidelberg Theater Restaurant, Inc." had ac- quired the business located at 330 S. E. 6th Avenue, previously known as the Continental Chez Rene Restaurant and Lounge, and had applied for transfer of the 1964 Liquor License No. 1727, further; that the applicant had been thoroughly investigated in the usual manner anti approved by both the City Police Department and the State Beverag~ Department, and that it is recommended this-applicatio~ be approved, it being so moved by Mr. Woodard. The motion was seconded by Mr. Barrow and unanimously carried. 6.b. Regarding an appropriation for land acquisition, the City Clerk informed the Council that a parcel of land in Section 5,' at 612 N. W. 4th Street, namely the North 25 feet of Nathan Graham~s homesteaded property, is needed in order that certain right-of-way may be improveO and made usable, all of which lies within the program of street and alley improvements in the West sector of the City, and that Mr. Graham has indicated same can only be obtained by purchase, further, that it is recommended that the City Manager be authorized to negotiate with Mr. &Mrs. Graham for City acquisition of said strip of land at a cost not to exceed $200.00. City Manager Holland informed the Council that this amount of money could come from the Street Maintenance Fund. Mr. Talbot asked if acquiring this right-of-way was in line with the recommendation of the Planning~Zonin~ Board and was informed that it was their recommendation and had been approved by the Council. Mr. Woodard moved that the request be granted and the funds be taken from the Street Maintenance Fund, the motion being seconded by Mr.. Barrow and unanimously carried. 6.c. City Clerk Worthing informed the Council that following many discussions between Council, City Engineer Fleming, Consulting Engi- neers Russell & Axon and the Florida Power & Light Company, it is now recommended by Russell & Axon that 2 h.p. I phase motors be in- stalled in lift stations 9 and 15, instead of the 2 h.p. 3 phase motor~ originally specified, and that added .Cost of such change, as reflected in a proposed change order, amounts to $634.18, further, that it iD recommended tha~ council sustain the recommendation of Russell & Axon, and authorize execution of said proposed.Change Order No. 1. -5- 12-23-63 Mr. Woodard asked City Engineer Fleming: "Does. this additional cost reflect returning the 3 phase motors and getting new I phase motors, or does this reflect a conversion of the existing 3 phase motors that we have on hand?" City Engineer Fleming said this re- flecte~ the return of the 3 phase motors and getting the single phase motors. Mr. Barrow questioned this being a mistake on the part of the Consulting Engineers and not an obligation of the City. City Engineer Fleming explained~ "It was my understanding that when Mr. Senior was here and discussed it with the Council, a decision was reached to compromise in which Mr. Senior agreed to permit single phase in two of the stations and agreed to install, with additional cost to 'the Florida Power & Light Company, 3 phase to two of the stations." During discussion, Mr. Wood&rd explained= "The Engineers main- tain that it is Florida Power'& Light Company's fault and Florida Power & Light Company maintains that it is the Engineers'fault and the~City is in the middle. This is a compromise that was reached at a meeting with Florida Power & Light Company and with Russell & Axon and the City at which we agreed with Mr. Senior that if he would tend to the City the 3 phase service to those lift stations that had 5 h.p. motors or greater that we would agree to change the 2 h.p. motors to a I phase, and this is the result of that meeting." Mr. Avery said he thought they had agreed to go ahead with the work but there had been complaints from the citizens about the wire~ going into these stations, to which City Engineer Fleming said that was another-Problem about underground wiring and that would probably come to Council attheir next meeting in another change order. There was further discUssion concerning who was at fault re- garding proper electric current being supplied to the lift stations as had been set up in the specifications of the sewer project during which Mr. Wood&rd asked the City Attorney if the City would have any recourse with the Engineers or Florida Power & Light Company con- cerning this additional cost of $634.18. City Attorney Adams answered~ "I, of course, heard the argu- ments here at the public meeting. I wasn't at the meeting between the ~lorida Power & Light Company and the Engineers, so without having all the facts and reviewing everything, I don~t believe I would care to say definitelywho is responsible.- As Mr. Barrow pointed out, and others have mentioned, it seems a lot would hinge on whether or not a certain letter was written, and that has'never.been proved to any- one's satisfaction." Following discussion as to'whether delaying action on this~ Change Order tonight would hold up construction on the lift stations, and being advised by City E~gineer Fleming that he did not feel it would seriously holdup construction if delayed until the next regular Council meeting, Mr. woodard moved that action regarding the expendi- ture'of these funds be tabled until the next regular Council meeting at which time the City Engineer and City Attorney can report back to the Council. The motion was seconded by Mr. Barrow and carried un- animously. 6.d. City Clerk Worthing informed the Council that the owners of a five acre tract of land lying-between S. W. 8th and loth Avenues an~ immediately South of 3rd Street propose development thereof to include a lake and other conditions deemed to be of a hazardous nature by the City Engineer. Further, it is believed that Council should ~irect the Inspection Department to' refrain from issuance of any building permits on said land until such time as the City is provided, in writ-- ing, ~ith the County Health Board's approval and sanction of the pro- posed development. -6- 12-23-63 City Engineer FL~aing explained to Council that the developer of this tract of land, at the time of asking for bUilding permits, did not desire to subdivide said property.in accordance with the sub- diV~s%on ordinance, but requested buiIdi~g per, its on metes, and b~unds dea0F~ptions, and this manner of development deprived the Boa=~iand City Engineer the right to determine whether or not st=9~~ was in the proper location, whether the lake or canal desirable, and also deprived the Council of their decision on ~ ma~', The City Engineer further stated that development of pr~9~ty i, that manner would make it necessary that the cost ~on- ,t~!on of sewer lines, water lines, streets, and sidewalks ~m~ out of }~9 ~eneral Fund rather than to be installed by the develope~ ~as is th, ca,. and a, ha. don. in oth.r , d'ivi,ion, City Engineer Fleming said he feels there is a hazardous c~n- ar~9! ditio~ existing on the property, and that he has talked to the~Copnty Boa~ of Health and they would not definitely state that the st~on of this lake or canal would be a sanitary nuisance th~!:~ee plans from a-'xtegistered e~gineer, and thatthey also"~t~e they would not approve any-septic tanks inthis area until they-see an overall draWing from aneng~neer. Further, the City E~.ginser said it is his feeling in this'~ase that it is the City's respon'eibility to determine whether or not a sanitary condition exists prior to issuing building permits. Mr. O. D. Priest, Jr., developer of this subject property, in- formed the Council that he did ask for and receive ten building per- mits on metes and bounds descriptions~and that he did not desire to make a SUbdivision of~his property. During lengthy comments, Mr. Priest informed the Council that if they wished a road right-of-way along the South side of this five acre tract of land that he would first construct a street and dedicate it to the City free of charge. Further, he had no objection of g~ving drainage right-of-way through said property'if some equitable arrangemeat could' be worked out be- tween the City and himself. Mr. Priest said he would b~ willing to put in sewer mains if he received Council assurance that as soon as these mains were installed and houses constructed ready for service, said service would be furnished, otherwise.he would have to resort to installation of septic tanks. Mr. Priest requested that he be given the swale grades if it is desired they be in accordance with City ordinance, and further asked how Citywater would be made available to his property. Mr. "Priest ~nformed the Council that he had requested two building permits on property other than the five acre tract in ques- tion, that'said permits are being held~ up on account of swale grades, and that he would like to get started on construction of same. City A.tto~ney Adams informed the Council tha~ the ten building permits referred· to were issued subject to the Engineer's approval, further, there had been lengthy conferences on the development of this five acre piece of.property and that he felt the Council could not come to a decision tonight, but should sit down with the parties .in- volved 'and study this out. City'Eng~neer ~lbmtng said he fe~t the CounCil had a perfectly legitimate course of action, and read Section 17-29 of the Code of Ordinances as follows= "UNGUARDED EXCAIrATIONS,_SWIMMING POOLS, WELLS, ETC. DECLARED NUISANCE Any well, swimming pool or other dangerous excavation in the earth kept, maintained, or permitted in an un- covered, unpro4~ected, unfenced or otherwi'se dangerous or unsafe condition w~thin the city is hereby declared to be a public nuisance." -7- 12-'23-63 The City Engineer said ha felt the excavation that had been made on that property, without a permit from the City, falls into the category of that Sect. ion, and .~feels the City is within its rights to rescind the building permits until that condition has been corrected. Mr. Woodard said he did not feel it would be fair for Mr. Priest to incur any costs relative to developing this property until the Council can get a clearer policy or understanding, and asked the City Attorney what course of action the Council could take to withhold the development of this property until an understanding could be reached. City Attorney Adams replied: "You can make a motion that the conditional building permits which were issued can be rescinded." Mr. Woodard So:moved, the motion being seconded by Mr. Talbot and unanimously carried. 6.e. City Clerk Worthing reminded the Council that they had recently directed that public notice be provided and an auction held, in com- pliance with City Charter provisions, for possible disposal of certain bu4'lding equipment, namely fourteen steel-fabricated trusses and twenty-eight columns. ~urther, such public auction was held at 1:00 P.M., Monday, December 9th, and but one bid was received, that being in the amount of $750.00, and .that it is recommended that this bid, considered to be .of insufficient amount, be rejected, it being so moved by Mr. Talbot. The motion was seconded by Mr. Barrow and carried unanimously. 6.f. City' clerk Worthing informed the Council that Mayor Walte~ Dietz, under date of December 4th, 1963 had tendered his resiP~tation as Civil Defense Director of Delray Beach, effective December 31, 1963, further, 'that in accordance .with the current Civil Defense Pro- gram for th~ City of Delray Beach, the Mayor is the logical Civil Defense Director for the City. Mr. Talbot 'moved that the incoming Mayor be appointed as the Civil Defense Director starting January 1, 1964, the motion being seconded by Mr..Barrow and unanimously carried. ?. There were no petitions and communications. 8.a'. City Clerk Worthing read ORDIN~NC~. NO. G-$19. AN ORDINAN~ OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH C~RTAIN LAND~ NAMELY LOT 23, LAKE SHORE ESTATES, WHICH LAND IS .CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY! DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLI- GATIONS OP SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. G-519 is attached to an~ made a part of the official copy of these minutes.) (See Pa~e There being no objection to Ordinance No. G-519, said Ordinance was unanimously passed and adopted on second and final reading on motion by Mr. Talbot and seconded by Mr. Barrow. 8.b. City Clerk W°rthing presented ORDINANCE NO. G-522. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DBLRAY B~ACH, FLORIDA, ANNEXING TO THE-CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT LAKE SHORE ESTATES~ WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ -8- 12-23-63 DBFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID' L~ND; PROVIDING FOR THE RIGHTS AND '.OBLI- GATI~S OF SAID LAND; AND PROVIDING .FOR THE Ordinance No. G-522 was unanimously placed on first reading on ~on by Mr. Woodard and seconded by Mr. Talbot. 9.So Concerning bide for the 1964 City insurance coverage, ~t~ fo%~ow~ng memorandum was presented to the Counc£1 by Finance D$~ctor "The total amount of insurance for 1964 chargable to the General Fund is $5,413.68 more than the current years budget. However, after January 1, 1964 an audit will be made to determine the exact premium for last year. It is expected that this audit will result in a favorable credit to be applied against this years charges. As a result it is my recommendation that the bids be a- warded, the premiumpaid and then if any additional funds are'needed to b&lance the insursnce appropriation, request be made to the council after reeults of the audit ere known." vice-Mayor Avery inquired as to whether the insurance required more money than it had the previous"-year to which Finance Director Weber answered that the bids were $7,374.24 more than last year. Mr. Harvey Brow~, of Beery & Brown-'the Supervising Insurance Agents for the City, explained the increase was due primarily to two things ~ 1. That the City is operating a larger business this coming year, with higher payrolls, more streets and sidewalks to be covered' by liability insurance, more city equipment and more contingent liability exposure with the construction of the City Sewer System. ~. The loss experience this year hasnot been of the caliber it has in the past years, and the losses are reflected direct- ly in the increased premiums. V~ce-Mayor Avery asked Finance Director Weber if there was sufficient money budgeted to cover the insurance premiums. Finance Director Weber read the following memorandum he had written to the City Manager concerning same, dated December 23, 1963: "Attached is'analysis of insurance bi~s for 1964 received by the City, opened and tabulated in the City Hall at 10:00 A,M. today.. It is our rp~ommendation that the following awards be made, which in each instance'is the low bid: Comprehensive General Liability Beery & Brown Agency $ 5,554.30 Workman's Compensation Beery & BrownAgency 15,649.48 comprehensive Automobile Liability Beery a .Brown Agency 3,742.43 -9- 12-23-63 Automobile Physical Damage Beery & Brown Agency $ 635.43 Equipment Floater GraceyBrothers 631.94 Water Towers Gracey Brothers 1,026.00 Employee Blanket Bond Weekes Agency 170.07 Treasurers Bond Weekes Agency 270.00 Volunteer Fire Department Atlantic Insurance Agency 129.00 Auxiliary Police Delray Beach Insurance Agency 122.00 · (Copy of bid tabulation is attached to and ~ade a part of the official copy of these m~utes.) (See Pages 588-B, 588-C and Mr. Weber said there was money in the General Fund that could be used for this purpose u~til such time as transfers are needed and at that time there may have to be a request that money be transferred from the Contingency Account. Mr. Talbot questioned why the City buys insurance on the calendar year instead of the fiscal year that they operate under, and there was lengthy discussion concerning this and the manner in which it could be changed over to the fiscal year setup. During some of Mr. Brown's comments he explained aa follows= "Any insurance premiumwi11 be charged on an annual basis, even though your intent is to cancel the policy on September 30th, so you will be billed on an annual basis to start with this January 1st ahd the returns will be coming to the City after the policy would be cancelled with another policy to replace it. The only complication that would arise, and something again which just entered my mind, what Mr. Talbot referred to and what I said would probably be alright with the Insur- ance Companies, when you make this arrangement to change date~ you make it with the understanding that the same Insurance Company will continue on it after you have asked for. this cancellation for the purpose of adjusting your date, that could become a factor in this." Mr. Talbot: "That would be .~n the first go-round and then you would be on your fiscal year and could choose whoever you wanted the following fiscal years." Mr. Brown said that was correct, as you. could hardly take advantage of a prorata cancellation with no penalties involved. Mr. Woodard moved to accept the insurance bids presented to Council tonight and that the Finance Director and the City Manager confer with the Insurance Supervising Agent to see if it is possible or feasible to accept Mr. Talbot's recommendationto put the insurance coverage on a fiscal year basis. The motion was seconded by Mr. Barrow and carried unanimously. 10.X. City Clerk Worth&ng reminded the Council that on September 23rd, 1963 the Council accepted an estimated cost of $600.00 for protective covering for the piano at the band shell in the City Park along with placing some new concrete steps and making a small enclosure that could later house & heating unit, and that in accomplishing this work it involve~ some wiring, and painting, also dismantling the old steps which involved an additional $100.00 of cost, and suggested, if Council approved the additional $100.00, same could be obtainea from -10- 12-23-63 the Capital Improvement Fund. Mr. Woodard moved that said transfer be made, the motion being seconded by Mr. Talbot. Upon call of roll Mr. Barrow, Mr. Talbot and Mr. Woodard voted in favor of the motion an~Mr. Avery was opposed. Mr. Avery qualified his vote in that he was associated with the Trieste Construction Company who were the general contractors on this work. 10.x. City Clerk Worthing presented an application for water service outside the City limits to Lot 25, Lake Shore Estates fromMr, and Mrs. E. G. Simon, and informed the Council that an annexation agreement had been signed by the applicants and an Ordinance covering same would be presented at the next regular Council meeting. The request for water service to Lot 25, Lake Shore Estates was unanimously granted on motion by Mr. Woodard and seconded by Mr. Barrow. 10.x. City Clerk Worthing presented ORDINANCE NO. G-495. AN ORDINANCE OF THE CITY COUNCIL OF'~ THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL~AY BEACH CERTAIN LANDS LOCATED IN SECTION 21, TOWNSHIP 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 THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. (Pt. Southpoint Shopping Center) Ordinance No. G-495 was unanimously placed on first reading on motion by Mr. Woodard and seconded by Mr. Talbot. 10.a. City Clerk Worthing presented a bill from City Attorney Adams in the amount of $120.00 for miscellaneous legal services, and also presented Bills for Approval as follows: General Fund $ 442,003.62 water Fund - Operating Fund 3,584.97 Cemetery Perpetual Care Fund 1,500.00 Special Trust Account - Delray Beach National Bank 110.00 Mr. Talbot moved that the bills be paid, the motion being seconded by Mr. Barrow. Upon call of ro11, Vice-Mayor Avery, Mr. Barrow and Mr. T&lbot voted in favor of the motion and Mr. Woodard abstained from voting. 10.x. Concerning the Sanitary Sewer Project now under construction, Mr. Talbot suggested that there be no more money approved for payment to contractors who have not cleaned up in the areas where they have been requested to do so. Vice-Mayor Avery suggested that the City Manager be asked to explore the possibility of this being done, and it was so moved by Mr. Barrow. The motion was seconded by Mr. Woodard and carried unani- mously. The meeting adjourned at 9:30 P.M. on order by Vice-Mayor Avery. R. D. WORTHING , City Cler~ APPROVED: ORDINANCE NO. G-519. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL~AY BEACH CERTAIN LAND, NAMELY LOT 23, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~.-PROVIDING FOR THE RIGHTS AND OBLI- GATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF. WHEREAs, BREN¢O, INC. iS the fee simple owner of the prop- erty hereinafter ~escribed, and WHEREAS, the said BRENCO, INC.~ by its Petition, has con- sented and given, permission for the annexation of Said property by the City of Delray Beach, and WHEREAS, the. City of Delray Beach hashereto~ore been authorized to annex lands in accordance with Section .185,1 of the CitY Charter of said'City granted to it by the State of Florida~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION !- That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tract,of land,.located in Palm Beach County, Florida, which lies contiguous, to said City, to-wit: That tract of land, namelyLot 23, Lake Shore Estates, per Plat Book 25, page 26, Public Records of palm seach County, ~lorida.~ SECTION .2~? That the boundaries of the City of Delray Beach, Florida~ are hereby redefined so as to include therein the above de- scribed tract of~-lan~ and said land is hereby declared.to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3~' That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall im- mediately become subject to all of the franchises, privileges, im- munities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach a~e now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shal~ be declared il!egal by a court of com- petent jurisdiction, such record of illegality shall in no way affeot the remaining portion. PASSED in regular session on the second and final reading on this the'~3rd day of ~e~m~r, 1963. /S/ AL. C. AVERY D. City Clerk First Reading December ~, 1963 Second Reading December 2~ %963. ORDINANCE NO. G-520. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLAC- / ~ING LOTS 18, 19, 20, 21. 22~ 26 and 27, Mc-/ ~INLEY and GOSMAN SUBDIVISION, DE~BAY,~'BEACH/ F~RIDA, IN "R-3 MULTIPLE FAMILY DWELLING/. DISTriCT," AND AMENDING "ZONING MAP OF DEL~AY BEACP}k FLORIDA, 1960". \% / BE IT 0 BY THE CITY COUNCII~/OF T~E CITY OF DELRAY BEACH, FLORI~ // / SECTION 1. ~t the followi~described property in the C~ty of Delray Beach,~Florida, i~hereby rezoned, and placed in the "R-3 Mu.ltiple Famil~Dwe!li~ D~.strict" as defined by Chapter 29 of the Code of O~inan~s of the City of Delray Beach, Florida, to-wit: //2~, 26 LOTS 18, 19, 20, 2~ and 27, McGINLEY and ~OSMAN SUBDI~SION, DE~RAY BEACH, FLORIDA, ACCORDING TO P~T BOOK 2 AT.AGE 87 ON FILE n~ ~E O~?IC~OF ~ C~ER~ O~E CIRCUIT ' . COURT IN A~ FOR PALM BEACH C~UNTY, FLORIDA. SECTIOn. That the Building~Ins~ctor of said City shall upon th~ffective date of this .Ordin~ce change the Zoning Map ~f'Delray Beach, Florida to confor~with the pro- visions 0~/Section I hereof. - × PASSED in regular session on the secon final r~ngon this the day of MA YOR ATTEST: City Clerk First Reading December 9~1963 Second Reading Janua~ 13, 1964 CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA December 23, 1963 ~. Robert J. Holland, City Manager City of Delray Beach Delray Bea~, Florida Dear Mr. Holland: Attached is analysis of insurance bids for 1964 received by the City, opened and tabulated in 't_he City Hall at 10:00 A.M. today. It is our recommendation that the following awards be made, which in each instance is the iow bid: Comprehensive General Liability Berry & Brown Agency $ 5,554.30 Workman's Compensation Berry & Brown Agency 15,649.48 Comprehensive Automobile Liability Berry & Brown Agency 3,742.43 Automobile Physical Damage Beery & Brown Agency 635.43 Equipment Floater Gracey Brothers 631.94 Water Towers Gracey Brothers ~ .... 1,026.00 Employee Blanket Bond Weekes Agency 170.07 Treasurers Bond Weekes Agency 270.00 Volunteer Fire Department Atlantic Insurance Agency 129.00 Auxiliary Police Delray Beach Insurance Agency 123.00 Sincerely yours, CITY OF DELRAY BEACH Thomas E. Weber Director of Finance Clarence O. Beery ~ Supervising Agent >O0--1J