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05-23-60 MAY 23rd, 1960. A regular meeting of the City Council was held in the Council Chambers at 8:00 P.M., with Mayor Glenn B. Sundy in the Chair, City Manager George Mingle, City Attorney Richard F. Zimmerman and Councilmen Col. Dugal G. Campbell, Charles Ha~bison, John A. Thayer and George V, Warren being present. An opening prayer was delivered by Councilman Charles Harbison. Om motion by Mr. Campbell, seconded by Mr. Harbison and unani- mously carried, the minutes of May 16th were approved. Since Del~ay Beach is a bird sanctuary there has been a question concerning passing of an ordinance for the control of cats. Mr. Thayer reported that he had contacted several sources to find out what the meighboring communities are doing on handling of the cat problem, also~ that popula~ methods in some communities are to license, bell or leash cats, and asked that a study be made on this subject. Mayor Sundy then appointed Mr. Thayer and City Manager Mingle to work out some solution to the cat problem. City Clerk Worthing read RESOLUTION NO. 1251. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OI~DELRAY BEACH, FLORIDA GRANTING THE BUILDING INSPECTOR T~E POWER TO DELAY THE ISSUANCE OF BUILDING PERMITS ON PROPERTIES LYING WITHIN 200 FEET NORTH AND SOUTH OF THE CENTER LINE OF WEST ATLANTIC AVENUE, BETWEEN SWINTON AVENUE AND THE SEABOARD RAILROAD FOR A PERIOD OF SIXTY DAYS. WHEREAS, the Highways Committe®, appointed by the Mayor of the City of Del~ay Beach, Florida, to investigate obtaining the necessary right of way for the proposed widening of West Atlantic Avenue and providing for the desired alleys on the North and South sides of West Atlantic Avenue has requested that the Building Inspector be granted permission to delay the issuance of building permits in the above- described area for a period of sixty days to allow said Committee to complete its studies, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The Building Inspector of the City of Delray Beach, Florida, is hereby authorized and granted permission to delay the issuance of building permits for a period of sixty (60)'days in the following described ames: two hundred (200) feet North and two hundred (200) feet South from the centerline of West Atlantic Avenue from Swinton Avenue West to the Seaboa~.d Railroad. SECTION 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED in Regular Session this 23rd day of May, 1960. ,/~s/_ Glenn B. ~s,u~n, dy ~ Mayor ...... It waS.moved by Mr. Warren, seconded by Mr. Thayer and unanimously carried to adopt Resolution No.~ 1251. City Clerk Worthing then read J~' RESOLUTION NO. 1252. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEI~RAY BEACH, FLORIDA, PROVIDING THAT CITY COUNCIL SFaALL HOLD REGULAR ~ ~TINGS ONLY ON THE SECOND AND FOURTH MONDAY OF THE MONTHS JD~E, JULY, AUGUST AND SEPTEMBER AT 80tCLOCK P.M. WHEREAS, the City Council of the City of Delray Beach, Florida, passed and adopted Resolution No. 1218 on the 4th day of January, 1960, providing for the holding of Regular Meetings on the first four Mondays of each month, and 150 MAY gJrcl~ 1960, WHEREAS, the City Council has determined 'that it would be in the best interests of the public that meetings should be held· on the second and fourth Mondays of the summer months June, July, August and September, BE IT RESOLVED BY THE CITY COUNCIL OP ~HE CITY OP DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City Council of the City of Delray Beach, Florida, shall hold only two regular meetings each calandar month during the months of June, July, AuGust and September, and shall meet on the second and .fourth Mondays of said months at 8:00 o'clock, p.m.; provided, however, that when the day fixed for any - regular meeting of the Council. falls upon a day designated by law as a legal or national holiday, such meeting shall" be held at the same hour on the next succeeding day not a holiday. SECTION 9.. Ail regular meetings of the Council shall be held in the Council Chambers in the City Hall of said City. SECTION 3. This Resolution shall become effective upon adoption. PASSED AND ADOPTED in Regular Session this 28rd day of May,1960. Slenn B. Sund¥ Mayor . It was moved by Mr. Thayer, seconded by Mr. Campbell and unanimously carried to adopt Resolution No. 19.§2. City Clerk Worthing then read RESOLUTION NO. 12§3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORD~,,ING THE CONSTRUCTION OF STORM DRAINS IN SECTION 'P" AS SHOWN ON STORM DRAINAGE SYSTEM SURVEY FILE T. P. 1858-P, TOGETHER WITH THE INSTALLATION OF CATCH BASINS, MAN-HOLES AND APPURTENANCES IN CONJUNCTION WITH SUCH STORM DRAINS. WHEREAS, the City Council of the City of Delray Beach, Florida, did, on the 19th day of October, A.D', 19§9, adopt Resolution No. 19.05 requiring the City Manager to prepare plans and specifications for certain storm drains, and an estimate of cost of such improvement to be placed on file in the office of the City Manager. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that it is determined to make the following described improvement, to-wit: CONSTRUCTION of Storm Sewer Drains in Section "P" as shown on'Storm Drainage System Survey File T. P. .... 1568-P, and the installation of necessary catch, basins, man-holes and appurtenances in' conjunction with such storm drains, the estimated cost for which improvement is $15,450.00 and Benefited Drain Field Area determined to be described as follows: Commence at the S. E. corner of Lot 25, Delray Beach Esplanade; thence Westerly along the South line of Lots 25, 24, 25, 22, 21, 29, 19, 18, 17. 16 and 15 to the S. W. corner of said Lot 15; thence North-Northeasterly along the West liD. e of Lots 15, 14, iS and 12 to the N. W. corner of said Lot 12;- thence Easterly along' the North line of Lots 19., 11, 10, 9, 8, 7, 6, 5, 4 and 8 to the N. E. corner of said Lot 8; thence Southerly along the Easterly line of Lot 3 and Southerly extension thereof to the N. W, corner of Lot 28; thence Southerly along the West line of said Lot 28 to the S. W. corner thereof; thence Easterly to the N. W. corner of Lot ~.7; thence Southerly to the S. E. corner of Lot 25, being the P. O. D. Ail of the herein described land being within and forming a ..Dart of DELRAY BEACH ESPLANADE~ in Section 16, Township 46 South, Range 4.~ · East, per Plat Book t8, Page 39, as recorded in the Public Records of Palm Beach County, Florida. 9. MAY 23rd, 1960. BE IT FURTHER RESOLVED that the entire cost of such improvement Shall be shared by the City of Delray Beach, Florida, and the follow- ing described properties in Delray Beach, Palm Beach County, Florida, on a basis of Del~ay Beach paying Twenty (20) per cent of the cost of said improvement and the property owners of said properties, shown below, paying Eighty (80) per cent of the total cost; ,SUB.,D.,IVI~, ION, PROP.ERTY DESCRIPTION S~ARE FOOTAGE Delray Beach Esplanade Lot 3, 8,995 " " " Lot h & E 32}' of Lot 5. 11,772 " " " Lot5 less E 32}' & Lot 6. 1~,372 " " " Lot ?~ 6'. 517 " " " Lot8' 6,581 " " " Lot 9. 6,776 " " " Lo t 10. 8,242 " " " Lot 11. 10,631 " " " Lot 12. '. 17,748 " " " Lot 13· 13,118 " " " Lot 14. ~1~.~., 570 " " " Lot 15 less Southeasterly 3.24' 22 554 " " " Lot 16 & Southeasterly 3.24' of ~ Lot 15 11,610 " " " Lot 17. 6,662 " " " Lot 18 & W 35' of Lot 19. 10,940 " " " Lot 20 & E 30' of Lot 19. 10,782 " " " Lot 21 & W 35~ of Lot 22. 11,400 " " " Lot 23 & E 30' of Lot 22. 11,518 " " " Lot 24. 7,8!8 " " " Lot 25. 8,012 " " " Lot 30 & E 35' of Lot 31. 11,888 " " " Lot 31 less E 35' and Lot 32 less the W 25'. 9,167 " " " Lot 33 & W 25' of Lot 32. 11,633 " " " Lot 3k. 7,637 " " " Lot~5 & E 10~ of Lot 36. 8,678 " " " N 65' of Lot 36 & E 10' of lot 37. 8,295 " " " Lot 38 & Lot 37 less E 10' 13,425 " " " Lot 39 & Lot 40 less E 10' 15,072 " " " E 10' of Lot~0, all of Lot 41 & " " " E 30' of Lot42 & W 55' of Lot 43. 8,883 " " " Lot ~ 8, !~'i " " " Lots 46 & 47. 15,1~6 said benefits to be determined within the Drain Field area in proportion to the benefits which will accrue to said lands. AND BE IT FURTHER RESOLVED that said special assessments against all the lots and lands as set forth herein, which are specially benefited, shall be and remain liens superior in dignity ~to all oth~er liens, except liens for taxes, until paid, from the date of the assessment upon the respective lots and parcels of land assessed, and which shall bear interest at the rate of eight (8) per cent per annum, and which may be paid in three (3) equal yearly installments with accrued interest on all deferred payments. Pay- ments shall be made at the same place that taxeS payable to the City of De!ray Beach amc paid, namely, at the office of the C~ty Tax Collector, and upon failure of any property owner to pay any annual installment due, or any part thereof, or any arzrAual interest upon deferred payments, the City of Delray Beach may bring necessary legal proceedings by a Bill in Chancery to enforce payment the~eof .with all accrued .interest, together with all legal costs incUrred, including a reasonable attorney's fee. The total amount of any lien m~y be paid in full at any time, with interest from the date of assessment · IT IS ORDERED that the City Council shall sit at the City Hall, in the City of Delray Beach, Florida, at 8:00 P.M., on Monday, June 13, 1960 for the purpose of hearing objections, if any, on said proposed improvement, as set forth herein. mb NAY 23rd, 1960. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida on this the 23rd day of May, A.D., 1960. /sZ lenn B. Sund M~kYor ' - It was moved by Mr. Campbell, seconded by ~. H~bison ~d un~i- mously carried to adopt Resolution No. 1253. City Clerk Worthing ~en read R~OL~ION NO. 1254. A ~OL~ION ~ T~ CI~ C0~CIL OF T~ C~ OF DEL~Y BEACH, FLORIDA, VACATING ~ ~ONING PART OF P~T NO. 1 OF H0~WOOD ~DITION TO T~ CI~ 0F DE~ (F0~RLY LINT~) TOG~R ~ GO~V~W DRY, I~~SS A~ AND WI~0N DRIVE ~ ~O~SAID P~T BErG ~CORD~ IN P~T BOOK 15, PAGE 23, OF ~ P~LIC ~C0~S OF PA~ B~CH CO~;~, F~RIDA. ~E~, the property in the aforesaid plat is ~i~roved ~d the roads described above have not been opened or developed, ~d, ~~, W. F. & G~;DO~ G. S~ER ~d S~-R HO~ING C0~, the o~e~s of the following described real property desires the va- cation of the above described plat ~d roads thereon with ~eferenco to the following described property so that said property ~y be re- platted ~d developed by the current o~ers in accord~ce with tem- porary plat submitted with the petition for abando~ent, ~d ~AS, WA~N G. GRI~S, as o~er of the l~d bordering Golfview Drive on the East also requests ~d consents to said ab and o~e nt, NOW, T~ORE, BE IT ~SOL~D BY T~ CI~ C0~CIL 0F THE CI~ 0F DEL~Y B~CH, FLOR~A: That p~su~t to Section Seven (7), P~agraph t~ee (3) of the Charter for the City of De~ay Beach, Florida, we hereby declare the following part of Plat No. 1 of Homewood Addition to the City of De~ay (fo~erly Linton) together with roads, the ~oresaid plat being recorded ~ Plat Book 15, Page 23, of the ~blic Record~~ of Pa~ Beach Co~ty, Florida, to be vacated ~d abandoned: Ail of Blocks 26 ~d 27 in Plat No. 1 of Homewood Addition lying in Section 19, Township 46 South, ~ge 43 ~st, together with Golf view Drive, Inverness Avenue ~d Wilson Drive. P~SED ~ ~OPTED in Re~lar Session this the 23rd day of May, A.D., 1960. ,me May or It was moved by ~. Harbison ~d seconded by ~. ~yer to adopt Resolution No. 1254. Upon call of roll ~. H~bison, ~ Tbayer, ~. Warren ~d Ma~or Sundy voted in favor of the motion, ~. C~bell being opposed. Mayor S~dy reported t~t he ~d ~. Wort~ng had atteo, ded the Co~y Co~msion meeting this morning at West Pa~ Be~ch concerning the N~ E. 8th Street sidewalk from ~th Avenue to Palm Trail ~d were s. ssured that all possible aid will be rendered by the County Co~ssion to cause const~ction of said sidewalk during the su~er months. Reg~ding a report of the Directo~ of Recreation cor~cerning a city p~k ne~ t~ Little Lea~e Ball Field, Mayor Bundy that he had been i~ormed of other City property that should be given some consideration for this purpose. It was moved by Thayer, seconded by ~. Harbison and c~ried unan~ously to have City Manager ~d Recreational Director give the other city owned property some consideration before any action is taken. MAY 23rd, 1960. City Manager Mingle presented bills for approval in the amounts of: General Fund $ 57,780 ~4 Improvement Fund 140,850 ~ Water Fund - Operating Fund 9,468.30 Special Assessment Fund 493.69 Mr. Campbell moved that the bills be approved, the motion being seconded by Mr. Warren and unanimously carried. City Clerk Worthing then presented the final plat of Sherwood Park for .authoriZation by the Council of its execution, all provisions of the S/D Ordinance No. G'285 having been complied with in accordance with the report from the Director of Public Works. Mr. Worthing then read a declaration of protective covenants and deed restrictions for said S/D which included the action of the Council on March 14th permitting a minimum of 1800 square feet per lot for dwellings in that R-IAAA zoning district. Said Covenants and Restrictions will be recorded simultaneously with the plat. Following general discus- sion, it was moved by Mr. Harbison and seconded by Mr. Thayer to approve the final Plat of Sherwood Park. Upon call of roll Mr. Harbison, Mr. Thayer, Mr. Warren and Mayor Sundy voted in favor of the motion, Mr. Campbell being opposed. Mr. Campbell, as Chairman of the committee to work with the architects, reported that the proposed new City Hall as sho~ tn the paper last week was well received and moved that Mr. Jacobson the architect be authorized to proceed in obtaining the necessary bids and to proceed with the project in full as fast as possible. The motion was seconded by Mr. Thayer and carried unanimously. Mayor Sundy reported that Architect Roy Simon was progressing with the plans for the proposed new Community Center Building and would soon be ready to let it out for bids to see if he is within the $100,000.00 amount budgeted for same. The meeting was adjourned at 8:55 on motion by Mr. Thayer and seconded by Mr. Campbell. R. D. WORTHING Ui~y U~mer~ .............. APPROVED: MAYOR 5 MAY 23rd, 1960.