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02-06-61SpMtg FEBRUARY 6, 1961. A special meeting of the City Council of Delray Beach was held in the Council Chambers at 8:'00 P.M., with Mayor George V. Warren in the Chair, City Manager George Mingle~ City Attorney Richard F. Zimmerman and Councilmen A1 C. Avery, Dugal G. Campbell, John A. Thayer and Glenn B. Sundy being present. An opening prayer was delivered by the Rev. Frank Jaggers. On motion by Mr. Campbell, seconded by ~r. Sundy and unanimously carried, the minutes of January 23rd and 31st, 1961 meetings were approved. Mr. Campbell brought up the subject of billing the garbage col- lection service charges along with the water charges on the same statement, which subject had been tabled at the January 31st special meeting, and asked that this be taken off the table for further dis- cussion. Following general discussion and explanations, also comments from Dorothea Galvin, 0. F. Youngblood and Joseph Basso, Mr. Campbell moved that the City Attorney and the City Manager be instructed to prepare an ordinance for presentation at the regular meeting a week from today, for first reading, and if it is placed on first reading a public hearing would be held two weeks later. The motion was seconded by Mr. Thayer and upon call of roll M~. Campbell, Fir. Sundy, ~. Thayer and Mayor Warren voted in favor of the motion, ~. Avery being opposed. Mayor Warren asked Public Relations Councilman Thayer to give news releases at this time which were as follows: "Regarding Building Permits -- in ~anuary, 1959 the building permits totaled $3~3,100.00 and in ~anuary, 1960 there was a drop t~ $226,340.00, but in January, 1961 it has come back up to $327,050.00." "At 4 p.m. this Thursday, February 9th, State Senator Edwin G. Fraser of Mc Clenny will be at the Delray Beach Lions Club where he will speak on the subject of backing the move to expedite the creation of the new university at Boca Raton. Senator Frazer this week is making a county-wide tour of various towns and cities in which he is urging alertness to the county-wide need for the new university and the assets it will create to this area. Ail who can possibly attend this important meeting are urged to do so where first-hand information will be given regarding this new asset to Palm Beach County." A progress ~epo~t from Roy M. tSimon re~arding the Community Oenter Building, dated January 20th, 1961: "The following information and attached photographs are submitted to you so that you and the City Council may be informed as to the status of the referenced project. "These photos, taken on Thursday the 19th, indicate that all floor slabs, steps, and ramps are poured and that the walls of the Multi-Purpose Room, Stage, and Locker areas are up to perimeter beam level. Since the time of the photography, the beams have been readied for pouring, to take place on Monday the 23rd. Ail rough plumbing, electrical, and air-condition- ing is in place. "As per verbal instructions the conduit and panels have been installed for the Emergency Electrical System. This was accomplished on Monday past prior to the pour of the floor s labs. "The proposed completion schedule hereafter (barring unfore- seeable delays) is as follows: 2-6-61 FEBRUARY 6th, 1961. "By 3 February all concrete beams poured except the top beams of the Multi-Purpose Rooms likewise all concrete block walls up except the upper portion of the Multi- Purpose Room and Stage. "The Laminated Beams are due to arrive by 1 Ms, ch by which time 'all walls will be in place, all columns erected, and all beams poured in preparation for the installation of the laminated beams and roof deck. "It is estimated that by the 2$th or 31st of March the roof will be in place. "As several of the trades will overlap in relation to time, it is estimated that the finish work will be accon~lished during April. "It is therefore, estimated that the final inspection and occupation may take place in latter April or the first of May. "The Job has progressed very satisfactorily to date, so much that at this point the project is slightly ahead of the pro- posed schedule of progress." Mayor Warren stated that the Council had visited the new City Hall Building last week and indicated that it may be occupied by the first part of March. On January 23rd the Council tabled the matter of bids for police uniform equipment and requested that the local merchants be given an opportunity to submit bids on same. Mn. Mingle informed the Council at this time that the local merchants determined that they are unable to compete with the quotations of the manufacturers, also that Pettiebone Brothers representative submitted samples of the sleeve patches which appear satisfactory to the Chief of Police, and it is recommended that award be made to the low bidder M~. Robert H. Wolfe. It was moved by i~.~. Sundy, seconded by ~r. Campbell and unanimously carried that the bid be given to the low bidder. Regarding the City Beautification Program, City Manager Hingle read the following letter from the Delray Beach Chamber of Cormnerce: "To meet the pressing need of a co-ordinated beautification program for Delray Beach, the Chamber of Commerce has ap- pointed a Committee composed of interested persons, repre- senting various organizations, for the purpose of reporting on methods to approach this problem. "This Committee rakes the following recommendations and requests the Council's favorable consideration of them: "1. That this Committee be recognized by the Council as the Beautification Co-ordination Committee. Additional members to be added later. "2. That one Councilman be appointed to serve on the Committee. "3. That the Council employ a person with a good horticultural background, whose responsibility it would be to see that future beautification projects are carried out properly and that, after completion, these projects be maintained in the proper manner. Respectfully submitted, ~ /s/ Lora Britt, Acting Chairman Rose Little Paul Knowles Bud Merritt Ed Schmitt Milton Boone" Mayor Warren expressed his appreciation for the Chamber of Commerce interest in this matter and stated that the Council would like to have and believed in the eventual budgeting of money and setting up 2-6'6i · FEBRUARY 6th, 1961. a department to' follow up on the watering and ca~etaking of the plant- ings, where ever they might be in the city, and feels that an active committee should be appointed. Following comments from ~r. Kenneth Ellingsworth, Chamber of Commerce Manager, that a committee be ap- pointed as a City and also as a Chamber of Commerce Beautification Committee, the Council on motion by ~. Sundy, seconded by ~r. Avery unanimously approved the appointment of said committee as follows: Lora Britt Milton Boone Rose Little Swan Brown, Jr. Pa?.l Knowles Alfons Bach Bud Merritt George Warren Ed Schmitt Regarding money for use by said committee it was suggested that the Finance Director and the City Manager study workable finances before any commitments are made. City Manager Mingle read the following letter from Warren G. Grimes, dated February 2, 1961. "Re: Use of trailers at the Delray Beach Country Club. "First I agree heartily with the thought we do not want house trailers in general use in Delray Beach. "Having made this statement I am appealing for an exception to the trailer regulation and request of you to permit us to locate an additional two trailers on Country Club Property. "There is only one golf course within the City limits and cer- tainly there is little likelihood of another being built within the City, so if an exception were granted it would be a most limited one. "We would use a maximum of three trailers to house our employees. The trailers would be placed in a well secluded area along the canal where even the golf players would pass them without notice. They would not be moving in and out and it would be our intent to landscape with palms and other growth that they would be well concealed. The location is a long distance from any other prop- erty owner and could not possibly be a source of annoyance. "Permit me to call to your attention some of the factors we are apprasing. Our employees work split shifts through a day and an evening. There is a need for having them close and available to serve our Members and Visitors. "As you know, having our employees housed on the Club grounds has helped greatly in the security and has aided the police. It is also most important in our fire protection. "We believe this relief could be given, under these peculier circumstances, without in any manner weakening the regulation as a whole, and under these circumstances I am certain the vast majority of our citizens would not think of objecting. "May I have your most thoughtful consideration of this matter." Mr. Campbell moved that the matter be referred to the Planning Board with the understanding that it is, if the vote will so show, the wish of the majority if not all of the Council to grant this if a proper legal manner may be found to so do. Mr. Campbell asked that the Planning Board set a special meeting as soon as possible and not wait until the end of the month to consider this. Attorney Zimmerman stated that the Planning Board had considered this matter before and may possibly want to consider the overall facilities of the Country Club and their expansion and other needs as time goes on, instead of limiting their study strictly to trailers. The motion was seconded by Mr. Thayer and carried unanimously. 3 2-6-61 FEBRUARY 6th, 1961. . City Clerk Worthing read RESOLUTION NO. 1310. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELP~Y BEACH, FLORIDA, REQUIRING PLANS. SPECIFICATIONS AND ESTIMATE OF COST FOR CONSTRUCTION OF THE "STORM DRAINAGE SYSTEM- N.E. SECOND STREET 0UTFALL", AS SHOWN ON STORM DRAINAGE SYSTEM SURVEY FILE T.F. 1868 EK-1, TOGETHER WITH INSTALLATION OF CATCH BASINS, MAN-HOLES AND APPURTENANCES IN CONJUNCTION WITH SUCH STORM DRAINS. BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: 1. That the City Manager shall secure plans, specifications and estimate Of cost for construction of Storm Drains and appurten- ances in Section "Storm Drainage System - N. E. Second Street Outfall" as shown on Storm Drainage System Survey File T.F. 1868 KK-1, together with the installation of necessary Catch Basins and Man-Holes in con- junction with such Storm Drains to drain the a~ea determined as the Drain Field Area. 2. That such plans, specifications and estimate of cost shall be placed on file in the office of the City Manager, in the City Hall. PASSED AND ADOPTED this 6th day of February, 1961. It was moved by ~. Thayer, seconded by Mr. Campbell and unanimously carried to adopt Resolution No. 1310. City Clerk Worthing read RESOLUTION NO. 1312. A RESOLUTION DECLARING CERTAIN LANDS IN THE CITM OF DEl_RAY BEACH, FLORIDA, TO CONSTITUTE A NUISANCE IN VIOLATION OF CHAPTER 15 OF THE CITY CODE OF ORDINANCES. WHEREAS, Chapter 15 of the City Code and Ordinance No. G-14? of the City of Delray Beach, Florida, declares all lands in the City not kept free from debris, vegetation (including trees) or other matter~ which may become a danger in time of hurric, ane, and from weeds ex- ceeding in height of 18 inches, and from filth and trash, constitute a nuisance; and WHEREAS, pursuant to said ordinance, the Chief of the Fire Department of Delray Beach, Florida, has made a survey report, in writing, to the City Manager, describing certain lots or parcels of land in said City and more specifically described herein, wherein conditions such as specified in Chapter 15 of the City Code and Ordinance No. G-147 exist; and WHEREAS, the City Council of Del~ay Beach, Florida, after con- sideration of said survey report, is of the opinion that a prima facie case showing the following lands constitute a nuisance within the provisions of saidChapterl~ of the City Code and Ordinance referred to herein; NOW, THEREFORE, BE IT RESOLVED that the existance of a nuisance be, and the same is hereby declared, upon the following described lots or parcels of land for violation of the provisions of said Chapter 15 of the City Code and Ordinance No. G-147 as specified after each de- scription, and the City Clerk of the City of Delray Beach, Florida, is directed to furnish the owners of each parcel of land, as h~rein- after set forth, a notice in accordance with Section 6 of said Ordi- nance, and that the City Council will sit on the 20th day of February, 1961, at 8:00 P.M., at the City Hall in Delray Beach, Florida, for the purpose of allowing said owners to show cause, if any they can, why said nuisance should not be abated. 4 2-6-61 FEBRUARY 6th, 1961. OwNwa AOD ESS LOT BLOC & S/D. ciTY Fla. East Coast St. Augusting, Fla. Block 86, All E. Railroad Co. of Railway 4 A. H. Snow Tuscaloosa, Ala. Block 103, Lot 24 4 Mary Menosky 812 ~. Sugnet Road Lots 13 & 14, Midland, Mich. Block 95 Karl K. Loh~man 15481 Piedmont Ocean Beach Lots, Detroit 23, Mich. South. W. pt. of the S 59.4' of Lot 23% 4 William J.B. Pedrick 2325 N.E. 28th St. Block 5, Lot 36, Pompano, Florida Seagate Extension 4 Lathrop J. & Patricia 104~ E. Main St. Ocean Beach Lots J. Hunt St. Charles, Ill. South. S ~2.2, of W 135' of S~ of 19 & N 27.2' of2 W0135' of N ½ of Lot . Norman & Jessie S. 56.5 Arlington Pl. Lot 15 less E 12.5' Hallberg Chicago 14, Ill. & all of Lots 16, 17 & 18, Wheatley Robert A. Fenton 7 Wilmuth Ave. Block G, Lots I & 8, Wyoming, Cincinnati John B. Reids Village Ohio 4 McCarney Holdings, c/o Frank DeRice Block G, Lot 4, Ltd. 1120 St. Catherine St. W. John B~ ReidS Montreal, Quebec, Canada Village 4 Helen E. Hoehn 301 N. Crestway Block H, Lot 4, Wichita 8,Kansas John B. Reids Village 4 Herbert H. & Leonie Rt. l, Box 318 Block H, Lots I & 2, G. Moffitt Del~ay Beach, Fla. John B.Reids Village 4 Joan L. Hicks, 2732 Abingdon Rd. Block K, Lot 7, Frederick Ludington, Birmingham ~3, Ala. John B.Reids Village Lynn L. Woehle & 4 George W. Barber, Jr. PASSED AND ADOPTED in Special Session this 6th day of February, 1961. It was moved by ~.~. Sundy, seconded by }f~, Thayer and unanimously carried to adopt Resolution No. 1312. M~. Worthing informed the Council that a public hearing had been advertised for tonight on the proposed assessment roll, as well as Ordinance No. G-384 levying such assessments, for opening, grading and paving of that part of N. W. 1st Street lying between N. W. 8th and 10th Avenues, which proposed assessment roll was submitted to and approved by the Council on January 23rd. There being no objec- tions to said proposed assessment roll, M~. Worthing read: ORDINANCE NO. G-384. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, · LEVYING THE'ASSESSMENTS ~AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, FOR OPENING, GRADING AND PAVING OF THAT PART OF NORTHP;EST EIGHTH AVENUE AND NORTHWEST TENTH AVENUE, TO A WIDTH OF TWE~TY-FOU~ (24) ~EET. WHEREAS, the City Manager o£ the City of Del~ay Beach, Florida, has, in pursuance to the Cha~ter of said City, submitted to the City Council for approval, a report of the cost, and the assessment roll for the opening, grading and paving of that part of Northwest First Street lying between Northwest Eighth Avenue and Northwest Tenth Avenue, to a width of twenty-four (24) feet, and 5 2-6-61 FEBRUARY 6th, 1951. .W~EREAS,, s,ai6, r.eport and assessment roll were approved by the -~City CounCil' in regular session on the 23rd day of January, 1,961, and WHEREAS, due notice concerning said assessment roll was given by advertisement by the City Clerk, in accordance with the City Charter of said City, for the purpose of hearing objections to said assess- ment roll, and WHEREAS, no sufficient objections were received to the confirm- ation of the assessment roll, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. The assessments, as 'shown by said assessment roll, - which is annexed hereto and made a part hereof, are hereby levied against the property shown and in amounts shown on said assessment roll, said assessments to be paid in three (3) equal annual install- ments, together with interest at the rate of eight (8) per cent per annum, the first installment becoming due and payable on March 8th, 1961 and on the 8th day of March for the next ensuing two (2) years; and said special assessment, so levied shall be a llen from the date the assessment becomes effective, upon the respective lots and par- cels of land described in said assessment roll, of the same nature and to the same extent as the lien for general taxes, and shall be eollectible in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as City Taxes are collectible. PASSED in Special Session on second and final reading on this the 6th day of February, 1961. (Copy of Assessment roll in January 23rd minutes) It was moved by ~r. Campbell, seconded by ~. Sundy and unanimously carried that Ordinance No G-384 be adopted on this second and final reading. I~. Worthing informed the Council that on January 23rd they had approved the proposed assessment roll for construction of storm drains in Section "P" and that tonight had been set for a public hearing on same, as well as on Ordinance No. G-385 levying such. assessments. There being no objections to the proposed assessment roll for construction of storm drains in Section "P" Nm. Worthing read: oRDINANCE NO. G-385. AN ORDINANCE 0F THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSmeNT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY CONCERNING THE CONSTRUCTION OF STORM DRAINS IN SECTION "P" AS SHOWN ON STORM DRAINAGE SYSTEM SURVEY FILE T. F. 1868-P, TOGETHER WITH INSTAL- '- LATION OF CATCH BASINS, MAN HOLES APeD ALL NECESSARY APPURTENANCES IN CONJUNCTION ~$ITH SUCH STORM DRAINS. WHEREAS, the City Manager of the City of Delray Beach, Florida, has, in pursuance to the Charter of said City, submitted to the City Council for approval, a report of the costs, and the assessment roll for the Construction of Storm Drains in Section "P" as shown on Storm Drainage System Survey File T.F. 1868-P, together with instal- lation of catch basins, man-holes and all necessary appurtenances in conjunction with such Storm Drains, and WHEREAS, said report and assessment roll were approved by the City Council in regular session on the 23rd day of January, A. D., 1961, and %~HEREAS, due notice concerning said assessment roll was given by advertisement by the City Clerk, in accordance with the City Charter of said City, for the purpose of hearing objections, if any,-to said assessment roll, and %EtEREAS, no sufficient objections were received to the confirm- ation of the assessment roll, 6 2-6-61 !,, FEBRUARY 6th, 1961. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of De]may Beach, Florida, as follows: SECTION 1. The assessments, as shown on said assessment roll, which is annexed hereto and made a part hereof, are hereby levied against the properties shown and in the amounts stated on said assessment roll, said assessments to be paid in three (3) equal annual installments, together with interest at the rate of eight (8) per cent per annum, the first installment becoming due and pay- able on March 8th, 1961 and on the 8th day of March for the next ensuing two years; and said special assessments, so levied, shall be a lien from the date the assessment becomes effective, upon the respective lots and parcels of land described in said assessment roll, of the same nature and to the same extent as the liens for general City taxes, and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as City taxes are collectible. PASSED IN Special Session on second and final reading on this the 6th day of February, 1961. (copy of assessment roll in 3anuary 2Srd minutes) It was moved by ~. Thayer, seconded by M~. Avery and unanimously carried that Ordinance No. G-385 be passed on this second and final reading. City Clerk Worthing read ORDINANCE NO. G-386. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROHIBITING THE HOLDING AND EXHIBITION OF CARNIVALS AND CIRCUSES WITHIN THE MUNICIPAL LIMITS. WHEREAS, the City~ Council of the City of Delray Beach has de- termined that there are no sites within the municipal limits where a travelling or professional carnival or circus could be located without disturbing the residents of the City, and WHEREAS, the City 'Council deems it in the best interests~ of the residents of the City that travelling or professional carnivals and circuses be prohibited within the municipal limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: SECTION 1. That all travelling or professional carnivals and circuses are hereby prohibited from being held or exhibited within the municipal limits. PASSED AND ADOPTED this the day of 1961. City Manager Mingle read the following two communications concerning this subject: "RESOLUTION ADOPTED BY THE EXECUTIVE COMMITTEE, MILTON MYERS POST # 65, AMERICAN LEGION, DELRAY BEACH, FLORIDA. "TO THE CITY COUNCIL OF DELRAY BEACH: "The American Legion agrees with the Councilts efforts to regulate carnivals in the City of Delray Beach, we ask the council to give careful thought to the ordinance now being considered to the end that it will not result in eliminating locally sponsored and operated carnivals such as the P. T. A. Halloween Jamboree and the carnival sponsored by local organi- zations for the benefit of Bethesda Memorial Hospital. "We feel that if the ordinance can be so worded that each carnival must apply for a permit and in its application satisfy the council that it is for the benefit of local projects and that it is actually controlled and regulated by the local sponsoring organization." ? 2-6-61 FEBRUARY 6th, 1961. "City Council, City of De/ray Beach February 4, 1961 "Whereas, carnivals bring into our community undesirable elements contradictory to traditional concepts of life in Delray Beach, and "Whereas, this type of operation delets considerable monies from our general economy,~ "Therefore, we the undersigned, petition the City Council to prohibit carnivals within the city limits of Delray Beach." (signed bY 81 Delray Beach Businessmen and citizens) Following general discussion and comments from the floor by Mr. O. F. Youngblood, Norman Wysong, Earl Owens and Wallace Bennett; Mr. Thayer moved that this matter be deferred until the next meeting for further study. The motion was seconded by Mr. Avery and carried unanimously. City Clerk Worthing then read ORDINANCE NO. G-388. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTIONS 15-? AND 15-11, AND AI,~NDING SECTIONS l"-ll, AND AI.~$~)ING SECTIONS 1~-6, 15-9 AND' l~-lO, ALL OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH PERTAINING TO LOT CLEARANCE ON A HEALTH AND SANITATION BASIS. I~iEREAS, the City Council of the City of Delray Beach deems it in the best interests of the residents of the city that lands be kept free of weeds when constituting a nuisance, and WHEREAS, the City Council believes it to be in the best interests of the health of the inhabitants of this city that when said lands constitute a nuisance for reasons of health and sanitation that said lands be cleared expeditiously although providing sufficient notice to violators, NOW, THEREFORE, BE IT O. RDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH AS FOLLOWS. SECTION 1. That Sections 15-? and 15-11 of the Code of Ordi- nances of the City of Delray Beach are hereby repealed. SECTION 2. That Section 15-6 of the City's Code of Ordinances be amended to read as follows: No_tice Of Violation Dire~c~te_d To. 0wn_~er o.f. Premis~s~ _ Form. The City Council shall consider each survey report at a regular or special meeting and shall hear such supporting data as it may require of the Chief of Police or Fire Chief in order to decide if a nuisance exists; and, if, the city council decides that a prima facie case showing the existence of a nuisance is established the city council shall then direct the city clerk to send a written notice within five days thereafter to the last record owner of each of such parcels of land declared to be a nuisance at the last avail- able address for such owner, such notice to be in substantially the following form: NOTICE .......... To:_ ~ _ _ _ ~ . ~ ~-- . ~ _ ~ ~ ADDRESS: PROPERTY: You, as the owner of record of the property above described,, are hereby notified that the city council of the city of Delray Beach, Florida, on the day of ~ , 19 , determined that a nuisance e~ists upon su'~h property caUsed by-'~ist briefly the details. 8 2-6-61 FEBRUARY 6th, 1961. You are herebY notified that you'must abate this nuisance Within thirty (30) days, failing in which the city council will have it done, and the cost thereof will be levied as an assessment~ against such property. BY ORDER OP THE CITY COUNCIL. -'- i-t-y c erk ..... ' SECTION 3. That Section 15-8 of the Code of Ordinances be renumbered 15-7. SECTION 4. That Section 15-9 of the Code of Ordinances be re- numbered 15'8 and amended to read as follows: Sec. 15-8. Assessment Of Costs For Abating Nuisance. As soon after such abatement as feasible, the cost thereof to the city as to each parcel shall be calculated and reported by the city manager to the city council. Thereupon the city council shall, by resolution, assess such cost against such parcel. Such resolution shall describe the land, the cost of abatement actually incurred by the city with reference thereto. "Such assessments sahll be legal, valid and binding obligations upon the property against which made until paid. Such assessments will be payable at once and will draw interest thereafter at six percent per annum until paid." SECTION 5. That Section 15-10 of the Code of Ordinances be re- numbered to Section 15-9 and the notice contained therein amended to read as follows: NOTICE TO: ADDRESS: PROPERTY:. You, as the record owner of the property above described, are hereby advised that, the city council of the City of Delray Beach, Florida, did on the day of , 19 _ order the abatement of a cer-'~in nuisa~de 'e-XiS~ing'~ on-thee above Property sending you notice thereof, such notice being (here describe briefly). A copy of such notice has been heretofore sent you. You failed to abate such nuisance whereupon it was abated by the city at a cost of $ ..... Such cost has been, by resolution of the city council da~ed~,,' ,',,, ' ....... ~ -_ . ~ . levied against the above property. BY ORDER OF THE CITY COUNCIL. City Clerk SECTION 6. That Section 15-12 of the Code of Ordinances be re- numbered 15-10. PASSED AND ADOPTED this the 6th day of February, A.D. 1961. Following general discussion and there being no objections to Ordinance No. G-388 it was moved by Mr. Thayer, seconded by Mr. Avery and unani- mously carried to adopt said ordinance on this second and final readlng~ City Manager Mingle informed the Counci~ that at the previous meet- ing, one additional week had been requested for study and review of recommended changes concerning the control of shrubbery and hedges at street intersectional points, which study has been completed, con- clusions resolved, and an ordinance to provide for such controls is being prepared and will be submitted to the Council for consideration at the next regular m~eeting on FeBruary 13th. 9 ~ F~N UARY 19 61 City Manager Mingle informed the Council that several weeks ago a communication had been received from various citizens living in the area of Harine Way between Atlantic Avenue and S. E. 2nd Street re- questing improvements of the present bulkhead along the westerly right-of'way of the Intracoastal Waterway, and that these people had been informed that the Engineering Department was making contact with certain authorities on this subject. Mr. Mingle then read the following memorandum from the Directo~ of Public Works: "SUbject': Petition for seawall - Marine Way "It has been requested, by a group of petitioners along Marine Way, that the height of the present bulkhead be increased by, at least, two feet. Two reasons are given for this request: "l. In order to prevent the water from encroaching on - the street or their properties, and "2.In order to keep cars from backing over the present bulkhead and into the Waterway. "From a practical standpoint it can easily be shown that the increased height of the bulkhead would not prevent high tide water from flowing across the street or across the properties, unless it was contained at an equal elevation at both ends. This would, of necessity, mean raising the street also by two feet or the water would flow around the end of the proposed new bulkhead and onto the properties. "In order to keep cars from backing over this area, it would be a great deal less expensive to erect some type of guard rail or posts for protection. "An inspection of the existing bulkhead indicates that it will not support any additional construction on top. It consists merely of loosely laid rock which has been cemented together from time to time, at various locations,~by city forces to prevent washouts. "The construction of a bulkhead, as requested, would cost in the neighborhood of $20 per lineal foot and this amount should rightly be assessed against the property owners, be- cause they are the only ones who might possibly benefit from such a structure. "The length of the wall would be approximately 600 feet, making the total cost in the neighborhood of $12,000." It was moved by Mr. Sundy that the seawall be repaired, the motion being seconded by Mr. Campbell. Following discussion regarding repairs, also the installation of a guard rail along the street right-of-way the motion and second were withdrawn since repairing of the seawall would come under the Department of Public Works maintenance program. Mayor Warren asked that the property owners making said request be advised concerning the cost and payment for the construction of a seawall. City Manager Mingle presented bills for approval as follows: General Fund. $ 54,602.52 Water Fund - Operating Fund 2,483.45 It was moved by Mr. Campbell, seconded by Mr. Sundy and unanimously carried that the bills be paid. Mayor Warren asked that the City Manager answer the letters from the Garden Clubs regarding the City Beautification Program advising them of the action taken by the Council and thanking them for their cooperation. The meeting adJottrned at 9:45 P.M. on motion by Mr. Thayer .R.. D. ~ORTHING