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03-23-59 51 MARCH 23RD, 1959. A Regular Meeting of the City Council was held i.n the Council C~hambers at ?:$0 P.M., with Mayor George Talbot Jr., in the Chair, o~ty. Manager W. E. Lawson· Jr., City Attorney Harry T. Newett and Com- mlssxoners J. LeRoy Croft, Charles H. Harbison, Fred B. McNeece and George V. V. Iarren being present. An opening prayer was delivered by Reverend J. W. Swanson. .Concernin$. th.e Minutes of the Regular Meeting held on March 9th, Commissioner narblson moved that the following reference contained in Paragraph 4, there.of, be deleted: "and due. to a fra.ctional error in computation of estimated costs for the entzre Expanszon Program as pro- vided by the employed engineering firm of Smith& Gillespie". Motion failed to be seconded and the Council thereupon approved the Minutes for the Meetings of March 9th and 12th. In view of the mar~y persons in attendance and concerned with the~ proposed Drainage Improvement Assessments in the VILLAGE and SEAGATE a.reas, Mayor Talbot announced that the Council would consider Item § C, on the asenda, at this time rather than causing all parties con- cerned therewzth to await disposition of all agenda items preceding Item $-C. The Mayo.r then proceeded with the following 'Review' of all pro- cedures relatzng to the various Drainage projects recently completed in those areas: "During the past many years, the definite need of DRAINAGE in the i VILLAGE and SEAGATE areas has been acknowledged and often discussed, but for lack of funds was never undertaken. However, in 1957, the Council did request the City Manager t.o / obtain the services of competent engineers for the purpose of prov~d-~ lng the City with- 1. A Storm Drainage System Survey, and 2. Recommended Storm Drain Installations necessary for provid- ing suita.ble drainage in areas to be identified, and 3. To determzne the lands to be benefited thereby, and which would be assessed for the cost of such drainage improvement in proportion to benefits received, / and Brockway, ~eber & Brockway, of ~est Palm Beach, were employed to / render such. services. / In January of 1958, the City Manager znformed' the Council that ! the Storm Drainage System Survey, together with Report concerning | Storm Drainage Recommendations, had been received .from .the Engineers~ which Survey reflected the or.er-all area to be divzded ~nto several \ 'SECTIONS' as a result of engxneering stu. dy of the Topography of the land to be drained and detailed recognitxon of "Elevations", all of which is contained and explained in the 'Report' of the Engineers and their Surve. y File T.F. 1868. Also ~n the month of January, 1958. a portign of one of the de- termi.ned areas identified as SECTION "H", shown zn the Engineer's Sur- vey F~le T.F. 1868, and namely, the CAUSARINA ROAD part thereof, was determined to.be an E~ERGENCY situation, relative to neede, d dr.ainage, a.nd the Council order, ed the Cit. y Manage. r to proceed with ~mmed~ate re- lief for such conditzon followzng publzc notices of such proposed Im- provement and, in compliance with the Laws of the State .and the City / Charter, take all ne.cessa.ry steps of procedure for such zmprove.ment / which shall include zdentxfied 1.ands to be benefited, as determzned / by the 'Engineers, and that such zdentifie.d lands would be assessed fo~ 80% of the total cost i'or such drainage ~mprovement. · Shortly th.ereafter, commencing on Mar.ch 24th, 1958, the Counczl~' zn regular sessxon, PASSED & ADOPTED certazn RESOLUTIONS ordering / MARCH 23rd, 1959. Drainage Improvements, be installed for providin~ drainage in the other named 'SECTIONS', namely, "B", "C", "D", "~", "G", "H", "I", "J" and "K" which Resolutions incorporated and contained the follow- ing - 1. The proposed Storm Drainage Improvement. 2. Estimated Cost for such Improvement. 3. Basis of Assessment for Cost thereof. 4. Square Footage of lands to be assessed. 5. Identification of " " " · 6. Method of prescribed payment of Assessments & applicable Interest, 7. and cluding with - Providing Place, Date .& Time that the City Council would sit for the purpose of .hearing objections, if any, to such proposed and identified improvements. The RESOLUTIONS ~eferred to hereinabove were PUBLISHED in their ENTIRETY in local newspapers as required by the Laws of the State of Florida and the City Charter. NO SUIFICIENT.OBJECTIONS to s. uch pr.oposed Improvements were made to the City Council, at the Pub.l~c Hearings , by the property owners concerned and, therefore, the C~ty Council then ordered the City Man- ager to proceed with said Drainage !~rovement Installations. 1. Everyone recognized the NEED of Drainage in the VILLAGE & SEAGATE areas. 2. Obtained competent ENGINt~RS Survey and Recommendations. 8. By Resolutions published Lu local newspapers the PUBLIC was then ADVISED of - /~l Proposed Drainage Improvements, Estimated Costs thereof, t~t Identified the various lands to be assessed for such costs, PROVIDED a PUBLIC HEARING for Council to receive OBJECTIONS if any thereto. 4. NO OBJECTIONS being made to such proposed improvements, the Coun- cil ordered their installations, as well as SEALED BIDS for such construction of storm drains, awarding COntract to the low qual- ified bidder. $. Levy of assessments for Costs of the various Drainage Improve- ments, as advertised in accordance with law, were merely a matter' of computation when Total Costs for the improvements became known° Mayor Talbot then reviewed Section 168 of Article XX in the City Charter, wherein the City Coun.cil is authorized and empowered to cause the improvement of certain city facilities, including streets, ~highways, parks, storm drains, sewers, etc., and to levy assessments for the costs thereof in proportion to benefits derived. Objections to assessments for st~m drainage installations, as proposed against their properties were made by the following owners; M~. Pierre Crenier ~r. A. P. Beach Mr. K. E. Edwards M~. Robert D. Tetzloff Mr. Harold A. ~rtyr~ Mm, Otis C. Mickelberry Mrs A. R. Silvester Mm. V,L C. Burton Mrs Stanley Graham on behalf of the M. C. Sterling Estate Mr. Pierre Crenier further objected ~o the depth of a swale at the entrance to his driveway. Mr. Anderson and Mr. Reed, of Brockway, V~e'oer & Brockway, ex- plained and gave reasons for the creation of the various 'SECTIONS' the reason for assessment of drainage improvement costs on certain lands fronting on Ocean Blvd., and further agreed to investigate the conditions on the propertie.' of Mr. Crenier and Er. l~artyr as out- lined in the expressed objections of these two property owners. MARCH 23rd, 1959 City Manager Lawson then re. ad letters received from. Mrs. Dorothy B. Schley and Mrs. L.uclle J. Nichols protesting the. Drainage ment Assessments a~a.~n.st their properties, and. submitted a Pet~Aon from Wheatley Subd~vxslon property owners readln~ as follows; '~hereas the property owners of Nassau Street between Gleason Str and Venetian Drive having been instructed by the City Manager to raise the funds necessary to install a drainage system to remove the surface water from Nassau Street, and ~¥hereas, some three years ag.o, the above resident home owners did thereupon raise and pa y to the C~ty of I)elray Beach the required funds and ~nereas the undersigned are of the opinion that any further as- sesment for.a duplication of this work, which was entirely adequate, would constxtute a d. ouble assessment and be illegal, now theref.ore, %Ve, the undersigned aforementioned property owners and assignees, do hereby request the removal of our, names from the assessment rolls for the recently constructed drains. A. R. Silvester Johan A. Magnusson R. Marion Silvester Harvey F. Slum Herman Kentner ~.alton S. Spruill Florence t¥. Kentner Roswell C. Parker A. Faye Johnson Two other property owners, Sadie Thomas and Alfred Cousins are also opposed to the assessments but their signatures could not be procured as they are out of town." Messr.s. Anderson and Reed .explained the necessity of the drainage installatxons xn ~.~eatley S/D xn the over-all Storm Drainage Program and Improvement and the ultimate cost sharing by the benefxted parcels of land. The City ~i_enager was then requested to read ORDINANCE NO. G-S06: AN (RDINANCE OF THE CITY OF DELRAY BEACH, FL(RIDA, LEVYING THE ASSESSMENTS AS SHO~ BY THE ASSESS- MENT ROLLS SUB~iITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING THE CO~STRUCTION OF STORM DRAINS IN SECTIONS "B", "C" "D", "F", "G" "H" "I" "J" and "K", AS SHO~'~N ON STORM DRAINAGE SYSTEM SURVEY FILE T.F. 1888, TOGETHER ~ITH INSTALLATIONS OF CATCH BASINS, ~.~N-HOLES AND ALL NECESSARY AP- PURTENA NCES IN CONJUNCTION ~VITH SUCH STORM DRAINS. On motion of Commissioner McNeece and seconded by Commissioner Croft, the Council unanimously approved placing Ordinance No. G-S06 on first reading. The Council, upon motion of Commissioner MoNeece and seconded by Commissioner Harbison, unanimously agreed to table, for further study, the 'proposal' of B. J. Van Ingen & Co. Inc., and McCreedy & Company, Inc., concerning Sanitary Sewer Financing. The Council, on motion of Commissioner McNeece and seconded by Commissioner ~Varren, unanimously approved the proposed Bill, relative to M~nimum Housing Standards, the proposed Bill relative to Reregis- tratxon of Freeholder Electors a.nd the proposed Resolu.tion on Urban Renewal, as contained in the Legxslative Bulletin submitted by the Florida League of ~(unicipalities, and requested that copies of such endorsement by the City Council of Delray Beach be forwarded to our Congre s smen. On motion of Commissioner Croft and seconded by Commissioner Harbison, the Council unanimously approved the creation of a Recrea- tion Advisory Board to assist the Recreation Director in formulating recommendations to the City Council for long-range recreation pro- grams, and the screening o.f suggest%ons and recommendations received from independent organizations, civic clubs, etc. · City Manager Lawson informed_ the Council of having .met with the City At. torney and yr. Jack ~iusselman, attorney for TroPic Palms, and of h?vlng been advised by Att'.y. Mus.selman that the developers of Tropic ~Palms c.ould not entertain pay.~n$ 24¢ per 1000 gallons of water but wou~d consider an agreement provxdxng for pa~aent of 22~ per 1000 gallons of water through a master meter. On motion of Commissioner McNeece and seconded by Commissioner ~arren the. Council unanimously agreed that the City Manager, together with the C~ty Attorney and N:~. Musselman, draw up a t~ntative agree- ment that "The City of Delray Beach sell water to Tropic Palms at twenty-two cea. ts per thousand gallons of water, subject to Tropic Palms bearing all costs concerning installa, tion of Pipe Lines, Distri- bution Systems, including all necessary maxn~, and further subject to such installations being made in accordance with all requirements of the City and the approval of the Director of Public Works. Such a- greement shall also provide for determination of cost to the City for providing suoh service which shall result in not less than ten per- cent net profit in sale of water at twenty-two cents per thousand gal- lons, to be determined quarterly or semi-annually as may be found ~o be feasible, The Council, on motion of Commissio~.~er V[arren and seconded by Com- missioner McNeece, agreed that the matter of City E~ployees living outside the City limits be tabled for fvrther consideration. Relative to revising control of receipts at the municipal pools and tennis courts, as suggested by the city auditor, the Council, on. motion of Commissioner Harbison an~ seconded by Commissioner McNeece, unanimously approved tabling this matter, for the time being, due to cost of necessary equipment for such function as suggested by the auditor. The City Nanager submitted BIDS received for a 4 Cubic Yard Street Sweeper: TomWood Truck Equipment Co.,Inc. 1 - 1959 Wayne 4 au. Yd. Street Sweeper $ 9,723.00 Florida-Georgia Tractor Co., 1 - Elgin Street King 4 Cu. Yd, Str. Sweeper 10,366.00 Square Deal Machinery of Miami Inc., 1 - Austin Western Hotor Sweeper 4-Cu. Yd. 11,395.46 City N~nager Lawson and the Director of Public ~Jorks~ further recommended additional purchase of - A C~b $550.~0 A Flushing System 8?.00 as quoted by - Tom !%od Truck Equipment Co.,Inc. - On motion of Commissioner Croft and seconded by Commissioner Harbiscn, the Council uaan~cusly approved awarding of contract to the iow bidder with additional equipment, as recommended by the City Manager, total oost to be $10,$~6.0~. concerning the recent complaint of M~. Paul Blatz, relative to alleged nuisances cn t~ ~outhwest corner of Harmon Court, ~he Council, on motxon ¢~ ~o~mv~sszone.. NcNeece and seconded by Commzssioner Warren, unanimously agreed that no further action be taken on this a~leged. nuisance complaint in as much as no survey of the proper~y dzsclosxng such nuisance, if any, h~s been furnished and, further, in view of Reports from the I)ireckor of Public Works and the Chief of Police fol- lowing their inspection of the Harmon Court - Laing Street area. City Manager Lawson read the following letter, dated March l?th, received from the First National Bank: "In October of 1956 the First National Bank of Delray Baa.ch ap- plied for a permit to construct an overpass.across the alley in Block 93 from Lot 1 to Lot 36, in order to establish drive-in teller windows in the old Stanle.y-Dankert building. The pemmit was granted by the Council at that time. Due to conditions beyond our control, the permit was not immed- iately exercised. The permit has expired and according to Mr. Ralph Hughson, City Building Inspector, it is necessary that a new permit be issued or the old one renewed. It is our request that the Council at this time issue a new per- mit to the bank or an extension of the permit so that work can go forward on the installation of the drive-in teller windows. ~¥e enclose a copy of the original permit and the plans for your inspection." On motion of C.o.mmissioner Harbison and seconded by Commissioner McNee?e, the Council, Mayor T.albot. abs. taining on Roll C.all: approved granting the request of the First National Bank, the Building Inspect- or to be so advised and Subject to the appro.val of the City ~ttorney as to construction over and above a public r~§ht-of-way or alley. City Manager Lawson read the following letter, dated March 10th, from Rev. Arthur R. Charlesworth: "Encl.osed you will find copy of Florida State Law, 861.44, pro- vided me in a letter from Rev. Jack Eppes of Lakeland, who works in this field. Jack says - 'Enclosed copies of Florida Law show clearly that our.city board has the power to pass an ordinance declaring the owl~ng Alley 'out of bounds' for sales of Alcoholic Beverages.' speak before the It was good to have an opportunity yesterday to Judge, in the effort' to keep Delray Bowling free from the sale of beer. Let me know what furtRer help I can be." /S/ ARTHUR R. CHARLESWORTH The Council, on. motion of Commissioner Croft and seconded by Commissioner McNeece, unanimously approved that acknowledgement of Rev. Charlesworth's letter be made. The City Manager then read the following letter: March llth "The Delray Beach Play House would like permission of the City of Delray Beach to put four signs at strategic locations showing the location of the Play House. ~te would like ve.ry much to attach these by method of a clamp to Delray Beach street signs. They would be removeable and would not damag~ said signs. believe Mr. Thomas Thames discussed this with you previously. Would you please advise if this is possible." /S/ CLARENCE O. BEERY Commissioner Harbison moved that this request be granted subject to the 'Signs' being remove.d immediately upon th.e .close of the Sea- son's Theater Program. Mot.~on seconde.d by Commmssioner Croft and upon Call of Roll - Commissioners Harblson, Croft and Warren voted in favor thereof, Commissioner NcNeece and Mayor Talbot being opposed. City Manager Lawson then read the following letter from Mr. Joe R. Kern: "The City Manager has informed me that you are still interested in disc?sing the possibility of annexing Lake Delray. Briefly, the most important requests of the developer are as follows: 1. Definite commitment for the City to make Lake Ida Road arterial and widen same to U. S. #1. MARCH 23rd, 1959. 2. For the City to pay 1/S the cost of consSruc~ing Congress Avenue from LakeIda'Road to Lateral BO Canal, (Estimated cost to the City - $~,000.00), i~ the City ~esires recreation area.. S. Cooperation of the City in getting new access_to Atlantic Avenue. A. Ten-year moratorium on taxes until lots are platted and sold. $; No assumption of bonded indebtedness by the property in question. 8. Recognize the present County Water and Sewer franchise. It is requested that this matter be placed on the agenda for the March 23rd meeting. /s/ R. KER 0nmotion of Commissioner Croft and seconded by Commissioner McNeece, the Council unanimously agreed on referral of Mm. Kern's letter to the Planning Board for study. The Council also referred to the Planning Board, for study, the letter ofMarch 13th, from Nr. Joe R. Kern, relative to the proposed New Civic Center and Recreation areas, and many heretofore discussed items which were not given priority but definitely should be consid- ered in the planning of the general area. City Nanag?.Lawson r~ad the following letter received from the Del~ay Beach Clvxc League. "As the City of Delray Beach grows, the need for police protec- tion increases, the western sector of'our city being no exception. In view of th? increased need.for police protection and the limited num- ber of police officers assigned to our area,.the Delray'Beach Civic Leasue hereby requests the employment of additional Colored police offxcers to serve this area, and to supplement those who are present- ly s~rving. It is the firm belief of the Civic League that the good to be ac- complished by the hiring of additional qualified Colorea police of- ricers to serve this area, will more than justify the cos~ involved. ~Ve sincerely hope that you will favorably consider the above quest." /S/ I. C. ~ITH President 0nmotion of Commissioner Harbison and seconded by Commissioner %Tarren, the Council requested the City Manager, together with the Chisf of Police,.to study this request and ~ossible need for ad~ed police coverage xn the western sector, submlt'~ing a report of h~s findings when possible. On motion of Commissioner HcNeece and seconded by Commissioner ~l~arren, the Council unanimously agreed that the request of 'Florida ?ublic Utilities Company', concerning possible Natural Gas Franchise, be tabled for further discussion. - City Manage~ Lawson then read the following letter, dated March .~Tth, from Mr. Ernest Deutsch: "Quite some time ago when the old Youth Center burned down I made this building (~0 S.E.2nd Ave) available to the City for a recreation center on a cost basis which amounted to $128.00 per month. It has been necessary for me to have the roof repaired several times in order to stop the leaks, and the last time the roofer ad- vised me that it would be necessary to replace the roof on this build- ing, which they would do for half the regular price because of the ex- Sstingguarantee. This net cost to me would amount to approximately $250.OO. In view of the ~oregoing explanation I think it would be only fair that the rent o~ $!25.O0per month that the City is now paying be increased to $150.00 per mgnth. As you realize there is no lease agreement and I am assuming that the City will continue to use this building for ~hs next year or so. MARCH 23rd, 1959. At this rate I would be merely covering my additional cost. Please give this matter your consideration and advise. /S/ ERNEST DEUTSCH On motion of Commissioner Warren and seconded by COmmissioner McNeece, the Council requested the City Manager to study the need of ' this building and its facilities along with ~he Recreational Director and submit a report to the Council as to their recommendation as a result of the study. The City Manager then read the following letter of March l?th: P "I have a firm proposal from Ray Qualmann, marine contractor of ompano Beach, to dredge the slips at the City Yacht Basin using two barges, a crane, and a tugboat. He wil.1 have to remove T.he Dolphin piles to properly dredgethe area and will load the material on a barge and dump it on our vacant prope.rty on.the east side of the Intracoastal Waterway. The Dolphin plies wzll then be redriven. He has to lease some of this equipment and advises that the opera- tion will take approximately ten days and he will guarantee that it will be done during .the month of Nay. There i.s a possibility that it could~ be started during the latter part of April, but I specifically requested a definite time period wherein we could guarantee that the work will be completed. re are prepared to enter into a contract for this work upon being advised that the time mentioned in the letter of February 24th from the Cit~ Attorney be extended, allowing us until June 1st to complete the worK. I trust you will present this to the City Council at the earliest possible moment so we can definitely schedule Mr. Qualmann for this work and be sure that the equipment will be available. /s/ JACK ?. J ISON On motion of Commissioner ~arren and seconded by Commissioner Harbison, the Council unanimously approved extension of time to June 1st, as requested by Mr. Jemison and subject to the City Attorney's approval, and further requested that the letter be acknowledged with appreciation for the co-operation being extended. The Council, on motion of Commissioner ?!arran and seconded by Commissioner Croft, referred to the Planning/Zoning Board, the Zoning Change requests contained in "Applications" received ~from- 1~ ~r. & Mrs. Ezra A. Brahms RE: Part of S~ of Block 11 2. Mr. Raymond N. Thomsen- RE: Lots AA-A8 Incl., S'RIDGE,Blk. 2. S, Dr. ~. C. V~illiams Jr., RE: ~illiams Subdivision A. Mr. Paul D. Sanderson RE: Lot ?, Block ~2. On motion of Commissioner Harbison and seconded by Commissioner Croft, the Council referred to the Planning Board, the request of Att'y..J. ~¥. No.wlin, concerning the desire of ~r. Henry A. Hildreth to obtaxn a devxation from Sec. 2~ - ?.8 of the Code of Ordinances. · The Council, on motion of Co~issioner Croft and seconded by Com- missioner Harbison, unanimously agreed on referral to the Planning Board of Mr. Joe H. Fleming's request for Parking Req_uirement Devia- tions onthe Southeast corner of Federal Hwy., and Atlantic Avenue, where construction of a store and office building is being considered. City Manager Lawson then read ORDINANCE NO. G-80S: AN ORDINANCE RELATING TO THE BUILDING CODE OF DELRAY BEACH; ANENDING SECTION ~-S OF THE CODE OF ORDINANCES OF DELRAY BEACH TO PERMIT ERECTION OF SHEET ~TAL COVERED BUILDINGS. Commissioner Harbison moved that Ordinance No. G-SOS be placed on first 'reading. Motion was seconded by Commissioner Warren. General discussion followed during which Commissioner McNeece stated that he did not believe, in view of the over-all program of beautification, that Delray Beach should provide for construction of sheet metal cov- ered buildings, and upon Call. of Roll - Commissioners Harbison, Croft and Warren voted in favor thereof, Commissioner McNeece and Mayor Talbot being opposed. City Manager Lawson then read ORDINANCE NO. G-305: AN ORDINANCE OF THE CITY OF DELR~Y BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS. SHOWN BY THE ASSESSMENT ROLLS SUBMITTED BY THE CITY MANAGER C~ SAID CITY, CONCERNING THE CLD~RING, GRADING AND PAYING OF CER- TAIN STREETS, S.~ID ASSESSMENT ROLLS BEING ATTACHED HERETO AND FO~iING A PART HEREOF. WHEREAS, the City ~anager of the City of D?lray Beach, F.la., has, in pursuance to the Charter cf said City, submztted to the C~ty Coun- cil for approval, a report of the costs, and the assessment rolls for the grading and paving of S.E. Sixth Street from S.E. Third Avenue to to S.E. Fourth Avenue; S.V~. Second Street from S.~iq Fifth Avenue to S.W. Fourteenth Avenue; S.W~ Twelfth Avenue from Atlantic Avenue to S.W. Third Street; S.¥~. Fourteenth Avenue from Atlantic Avenue to S.W. Third Street; and S.~J. Third Street from S.W. Twelfth Avenue to S.W. Fourteenth Avenue, all improvements being paved to a width of twenty- four (24) feet, and WHEREAS, said reports and asseSsment rolls were approved by the City Council in regular session on the 2$rd day of February, 1959, and V~t.EREAS, due notice concerning each assessmen.t roll was given by advertzsement' by the City Clerk, in accordance wzth the City Charter of said City, for the purpose of hearing objections to said assess- ment rolls, and V~EREAS, no sufficiemt objections were received to the confirma- tion of said assessment rolls, N(~[~, 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 rolls, which are annexed hereto and made a part hereof, are hereby levied against the pr.operties shown and in the amounts stated on said assessment rolls, sa~d assessments to be paid in three equal annual installments, together with interest at the rate of 8% per an- num, the first installment becoming due and payable on March 23rd, ".959, and on the 23rd day of March for the next ensuing two years; ,~n.d said special assessments, so levied, shall be a lien from the date ~:he assessments become effective, upon the respective lots and parcels .of land described in said assessment rolls, of the same nature and to · bhe same extent ~s the liens for general City ~axes, and shall be col- iectible in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as City taxes are collecti- ble. PASSED in Regular Session on second and final reading on this the 2Srd day of March, A.D. 1959. /S/ _~ GEC~GE TALBOT JR ATTEST: 'M A y'O R ...... - R. D. WORTHINC SEE Pages - No's. 12 to 16 incl. of these 'Minutes' fo~ detailed Assessment Rolls: The Council, on motion of Commissioner NcNeece and seconded by Commissioner Harbison, unanimously approved, and ordered the adoption of Ordinance No. G-S05 on this second and final reading. City Manager Lawson then presented and read the following three Ordinances a.u~horizing CHANGES of the "Zoning Map - City of Delray Beach, Florida, 19§6 . ORDINANCE NO. G-SIO: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING Al\ID PLACING LOTS I THRU 8, BLOCK 4, SOUT~IDGE IN "C-2 GENERAL COMMERCIAL DISTRICT" AND LOTS 6 THRU 10, BLOCK 4, $OUTHRIDGE IN "R-3 I~ULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING NAP OF DEI~AY BEACH, FLORIDA, 19~." On motion of Co~_issioner ~Varren and seconded by Commissioner McNeece, the Council agreed on Ordinance No. G-310 being placed on first reading. ORDINANCE NO. G-311. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELR~Y BEACH, FLORIDa., REZONING AND PLACING IN "C-2 GENERAL CO~ERC~L DISTRICT" ALL THAT PART OF THE EAST HALF OF BLOCK 1~ LYING SOUTH OF NORTE~EST SECOND STREET TO A POINT 158 FEET NORTH OF NORTHV~EST FIRST STREET: AND ALL THAT PART OF THE V~EST HALF OF BLOCK 27 LYING SOUTH OF NORTHWEST SECOND STREET TO A POINT 1§$ FEET NORTH OF NORTH~VEST FIRST STREET, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1956". The Council, on motion of Oommissioner Harbison and seconded by Commissioner Warren, unanimously approved placing Ordinance No. G-311 of first reading. ORDINANCE NO. G-S12. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEIP~AY BEACH, FLORIDA, REZONING AND PLACING LOTS 11 THRU 44, BLOCK 48 IN "C-1 LIMITED COmmERCIAL DISTRICT" AND AMEND- ING "ZONING ~P OF DELRAY BEACH, FLORIDA, 15~6". On motion of Commissioner McNeece and seconded by Commissioner Harbison, the Council unanimously agreed on placing Ordinance No. G-$12 on first reading. The City Manager then read RESOLUTION NO. 1174: A RESOLUTION OF THE CITY OF DELRAY BEACH DEDICATING LANDS IN SECTION 18, TO~NSHIP 46 SOUTH, RANGE 43 EAST, FOR PUBLIC HIG~TAY PURPOSES, AND RESERVING REVERSIONARY RIGHTS THEREIN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the following described lands owned by the City of Delray Beach, Florida, to-wit: The North 80 feet of the ~ of Lot 3 of ~odel Land Company's Plat of Section 18, Township 46 South, Ranze 43 East; also the North 50 feet of that part of ~he NE¼ of the SE¼ of the SE~ of Section 18, Town- ship 46 South, Ran__ge.43 East and lying west of the S. A. L. RR right of way, are hereby dedicated to the perpetual use of the public for a street or highway upon the following terms and conditions: (a) This dedication shall not become effective until the owner or owners of the North $0 feet of the NE¼ of said Lot 3 of Model Land Company's plat of Section 18-46-43 shall have similarly dedicated said last described lands for public highway purposes by proper deed or in- s trument. (b) ~.~enever the lands first above described and hereby dedi- cated by the city shall be discontinued or abandoned as a public high- way, the city reserves to itself, its successors and assigns the re- version to said lands, MARCH 23rd, 1959. Section 2. Nothing h~rein contained shall be construed as im- posing any duty upon the cxty to enter upon said right-of-way and grade, level, pave and construct any road thereupon. PASSED and ADOPTED on this, the 23rd day of March A. D. 1959. /S/ GEORGE TALBOT JR., ATTEST: R. D, ~<fORTHING ' - .... M A" y 0 The Co~cil, ?n motion o£ Conm~i. ssioner ~cNeece and seconded by Commissioner Harblson, unanimously approved adoption of Resolution No. 1174 on this first and final reading. The City l~nager then read CRDINANCE NO. G - 318: A~ ORDINANCE RELATING TO ZONING: REPEALING SUBPARAGRAPH (6) OF SUBSECTION 6 OF SECTION 7 OF CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLCRIDA. On motion of Commissioner HcNeece and seconded by Commissioner ~/arren, the Council unanimously agreed that Ordinance No. G-315 be tabled-for further study. Cit~ Manager Lawson then presented the Council with a complete tabulation, by general areas, showing the number ofWater Services to individuals and industries located outside the corporate limits of the City of Delray Beach. GENEraL LOCATION SIZE OF ~[ETERS South Ocean Blvd. 8 21 16 9 South of Germantown Road 17 Northwest 8th Avenue 17 2 Seacrest Blvd., & East~of Lake Ida 18 19 S Northeast Section 4 6 1 2 Scattered 1 4 1 T OTA L 62 82 17 12 S The Council unanimously agreed, on motion of Commissioner Warren and seconded by Commissioner Croft, to table this 'Report' for future USe. On motion of Commissioner Croft and seconded by Commissioner McNeece, the Council unanimous? approved payment of Bills in the amount of $118,087.17, as submitted by the CityManager, ~ubject to the approval of the Finance Committee. The City Manager informed the Council of not havin been success* ful in effecting collection of a forfeited 'Bail Bond' normal hru procedure, and the Council, on motion of Commissioner Warren seconded by Commissioner Croft, authorized the City Attorney to provide for suit against United Bonding Insurance Comp.any of Indianapolis, Ind., fo~ payment of Bail Bond in the amount of $1~0.00 and legal 9osts ap- placable thereto, concerning the Case of Raymond Daniel Colv~n, Docket No? 8062, '$~pearance Bond' executed on May 29th, 1988 by Thomas Brod- oreck, Florida Power of Attorney per United Bonding Insurance Company "Florida Power 1 48879". The Council, on motion of Commissioner McNeece and seconded by Commissioner Warren, unanimously approved denial of request to move a frame house from the Seaboard R.R. property to Lot 12 of Block S in Atlantic Park Gardens, and further desired to discourage considera- tion of moving any old frame buildinss.into the west sector of town in support of Att'y. I. C. Smith's sxnular expressed feeling. MARCH e3~'d, 19~9. ~l L ~.yor Talbot co~ented on Blinker - Running Type Advertising ights.and Signs becoming. . ~ existant about the City and the Council, on motion of Commissioner McNeece, seconded by Commissioner Croft, unanimously agreed that this matter be referred to the Planning./ Zoning Board for study and recommendation to the Council relative to ALL types of 'Moving Signs'. The Council, on motion of Commissioner Harbison and seconded by Commissioner Croft, requested that the Planning Board study and sub- mit a report concerning the City's desires and need.for additional lands to be annexed, for consideration of the Council, and possible use in conjunction with a Sales program by the Council to the owners of property presently outside the city limits for the annexation to the Cit~ of such lands, and directed that Administrative Assistant _ Stuart Campbell confer with the Board on these matters lending what ever assistance may be possible. It was also requested that the Board, aided by Mr. Campbell, review its desires towards improvement the Municipal Pools, Tennis Courts and Shuffleboard activities. The Council further suggested that it mightbe well for the Planning Board to invite the citizens of those areas affected to such meetings, along with civic organizations, that the Board might cite the man~.. benefits to be derived as a result of annexation, such group of c~tl- zens to definitely include present users of, and others who misht de- sire, water service as well as other municipal utility facilities. Commissioner NcNeece moved that, in view of the emergency need of street improvement, due, somewhat, to the recent heavy rains, the summer program of scheduled street improvements be gotten underway immediately. Motion seconded by Commissioner'Warren.. The Council unanimously agreed. City Manager Lawson, however, informed the Coun- cil that a definite and stepped-up street improvement program has~been underway, is progressing to all extent possible, and cited many of the City's streets which have recently been completely refinished in a most satisfactory manner. The Manager further stated that he would submit a report at the next regular meeting reflecting past progress in street improvements as well as indicating such improvements between this day and date of next meeting. SEE the following pages for - Detailed "ASSF~S~NT ROLLS" for the 'Impr~ovements' identified in, and authorized by Ordinance No. G-SOB, passed and adopted at this meeting as shown on Page 8 hereof: MARCH 23rd, 1959. ASSESSI~ENT ROLL For Clearing, Grading, and Paving of Southeast Sixth Street ly- ing between Srd and 4th Avenues to a width of twenty-four feet. DESCRIPTION Front Assessment TOTAL OF PROPERTY OV.NER Footage Front Ft. ASSESSMENT S} of Lots 7 & 8 Elizabeth R. Turner 93.7 $ 3.5605 $ 333.62 Blk. 5, Osceola Pk. Lot 9, Block 5," Marie C. Thomson 48.8 166.65 Lot 10, " 5," S.F.,& Louise Robinson 46.8 166.63 S 69.44' of Lots 11 - & 12, Blk. 5, Edward V., & Elsie L, 93.7 333.62 Osceola Park Boffalo LOt 1, Block 7, George B., & Jewell Osceola Park N. C~urtney 132.5 471.76 Lot 18, Blk. 7 " Leopo.ld .& Ida M. Phllhppar t 132.6 471.76 TOTAL 884.0 Ft. $ 1,944.02 Resolution No. '1121 $ 23.6& Engineering Services (B.W.~B.) 77.63 Adver.of Ass.ess.Roll (Est.) 23.28 " " Ordinance (Est.) 5;§0 Paving Costs (Hardrives) $~~,~vv.vv LESS 20% 486.01 City' s Shar.e of .Expense $-lV~ per Resolutxon ~1121. ASSESSMENT ROLL For Clearing, Grading and Paving of Southwest Second Street lying between Fifth and Fourteenth Avenues to a width of twenty-four feet. DESCRIPTION Front Assessment TOTAL O~F PROPERTy_ ~ G~IER ~F°°tage~ ~ Front.. ,,~t_=, ASSESS~LENT..~. ,~ . ~ LINCOLN ATLANTIC PARK GDNS. Block 1, Lot 12 Betsy Bond 137.92 $3.006 $ 414.59 " 1, " 24 Albert Tyson 137.92 414.~9 ATLANTIC PARK GARDENS Block 3, Lot 12 Quo'on Bee Ellis 137.87 414.43 " 3, " 24 Joseph Hinton 137.87 414.43 ~ TLM~T IC GARDENS Block 6, Lot 12 O.D. Priest Jr. 137.87 A14.43 " 6, " 24 James & Eva Jones 137.87 A14.43 " 9, " 12 Lizzie Berry ~& Bernell Franklin 137.87 414.43 " 9, " 24 Theodore Delancey 137.87 414.43 LINCOLN PARK Lot 12 Loui.se D. Dodson 135.92 40~.58 " 24 N., & Mamie O~ens 155.93 40~.61 " 36 Boca Raton Housing Corp., 135.93 408,61 " 48 J.T. Fields 135.92 408.58 Ail of Block 6 M.L., & Martha Blank SOS.02 910.~ BLOCK 14 S 135' of E 15' of W SS' City 15. 45.09 ESO' of W85' of S.lSS' JoR.,& Belle Evans 50. 150.S(~ ESO' of W 135' of Pliny & Maggie E. S 135' Grisby 50. 1~0. SO BLOCK 14 _M~HCH 23rd, 1959. E 26,6 of V( 161.6 of S 188 Palm Beach County 26,6 79,96 W 70.6 of E 145.6 of S 135 Carolina Washington 70.6 212.22 E 75 of S 185 Carolina Washington 75. 225.45 BLOCK 22 W 87 of S 135 M., & Marie Dean 87. 261.52 WSO of E 200 of S 135 Eliza Nubin 50. 150.30 S45 of E 185 Love & Helen .Peterson 185. 405.81 PRIEST' S ADDITION TO ATLANTIC PARK GDNS. Block 4, Lot 1 Bet.sy Bond 137.98 414~77 " 4, " 13 Rubxn Tyson 137.98 414.77 ATL&NTIC PARK GDNS. Block 4, Lot 1 Love Peterson 137.87 414~44 " 4, " lS J.,& Catherine Taylor 157.87 414.44 ATLANTIC GARDENS Block 7, Lot 1 Rena Mae Williams 187.87 414.44 " 7, " 18 O.D. Priest Jr., 137.87 414.44 " 10, " 1 O.D. Priest Sr., 137.87 414;44 " 10, " 13 Ed Delavoe 137.87 414.44 SECTION 17 NE¼ of SE¼ of SV~¼ Helen Mae Nelson 683. 2,053.10 CARVER SQUARE Lot 5 Katherine & Anna L. Kittinger & Georgia M. Jennings 55.5 166.88 " " 4 " " " " 55,5 166.83 " 2 & 3 Maude Johnson, Est., 111. $$$.67 " Lot 1 Katherine & A. L. Kittinger & Georgia M. Jennings 56.09 168,61 BLOCK 15, Lot 1 Carl Lee Fashaw 35.1 99.50 " 1§, " 2 C.L., & Henry T. Fashaw 25. 75,15 " 15, " S " " " 25. 75.15 " 15, " 4 " " " 25. 75.15 " 15~ " 5 " " " 25. 75.15 " 15, "48 Chas.,& ~atilda Johnson 25. 75.15 " 15, "49 H. G. Pottier 25. 75.15 " 15, "50 H.G.,& Celestine Pottier 25. 75.15 " 15, "51 " " " 25. 75.15 " 15, "52 H. G. Pottier $8.1 99.80 BLOCK 28, Lot 18 Ebenezer V~. Church 187. 411,82 " 2S, " 1 Alex Jenkins 135- 405.81 E, lil. 45 Ft $ 15; $65. O~ Resolution No. 1148 $ 48.75 Engineering Service (B.W.B.) 802.12 Adver. Assess. Roll (Est.) 41.90 " Ordinance (Est.) $. $0 Construction Cost (Hardrives) 18,308.OO -~, ~vv.~,, LESS 20% ~,841.25 City's Share per Res. $ 'i~,868,02 No. 1148 ASSESS~iENT ROLL For Clearing, Grading & Paving Southwest Third Street between twelfth and fourteenth avenues to a width of twenty-four feet. ATLANTIC PARK GARDENS Block 4, Lot 24 O.D. Priest Sr., 138.30 $2.687 $ 364,70 " 4, " 12 " " " 198. $0 864.70 PRIEST'S ADD'N. TO ATLANTIC PARK GDNS. Block 4~ Lot 24 Emily Loyard Forest 138.36 364.85 " 4, " 12 Fulton R. Gruver 188.S6 364.85 SECTION 17; N~ of SE¼ of SW¼ of SW¼ Board of Pub. Instruc.. 685. 1.806.34 of Palm Beach County t,288~S2 $~ iS 23r~., 19%9. Resolution No. 1147 $ $0.00 Engineering Services (B.W.B.) 155.25 Adver. Assess. Roll (Est.) 27~05 " Ordinance (Est.) 5.50 Construction Costs (Hardrives) LESS 20% .816.36 City's Share per $ 3,265.--'--'-'~ Res.~l147 ASSESSMENT ROLL Fo.r Clearing, Grading and Paving .Southwest 12th Avenue between Atlantic Avenue and Srd Street to a w~dth' of twenty-four feet. ATLANTIC PARK GDNS. Per Ft. TOTAL' Block 2, Lot 11 Joseph Kmowles 140 Ft- ~ $ '-'4/U.06 " 2~ " 21 I., & Norine ~illiams 50,07 146.65 " 2, " 22 A.A. Simon 50, 146.45 " 2, " 2S Louise D. Meade 50. 146.45 " 2, " 24 H., & Monies /~unnings 50~ 146.48 " 2, " 25 Wm. Miles 50. 146.45 " 2, " 26 E., & Susie Mae Hill 50. 146,45 " 2, " 27 ~Corley Andrews 50. 146.45 " 2, 28 & 29 L.C. Weatherspoon 100.07 298.11 BLOCK S~ Lot 15 A.,& Annie Mae Ridley 57,07 167.16 " ~, " 14 " " " 50; 146.45 " ~, " 15 " " " 50. 146 ~ 45 " 3~ " 16 " " " 50~ 146~45 " 3; 17 & 18 Hattie Holmes 100, 292,90 " 3~ Lot 19 O.D. Priest, Sr. 50. 146.45 " 3~ " 20 Hattie Holmes 50. 146.45 " 3, " 21 P., & Eliz. Jackson 50. 146.45 " 8, " 22 Irene Crawford 50. 146~45 " 3, " 28 Blanche Hinton 50~ 146~45 " $, " 24 Joseph Hinton 57.07 167.16 BLOCK 4, Lot 1S J.,& Catherine Taylor 57.07 167.16 " 4, " 14 Urie & Shirley Josey 80. 146.48 " 4, " 15 O.D. Priest, Sr. 50; 146.45 " 4, " 16 " 50. 146.45 '~ 4, " 17 '~ 50~ 146.45 " 18 " 50. " 4, ' 146.45 " 4~ " 19 " 50~ 146.45 " ~, " 20 " 50~ 146-45 " 4~ " 21 " 50~ 146~48 " 4, " 22 " 50. 146.45 " 4, " 23 " 50~ 146;45 " 4, " 24 " 87.07 167.16 ATLANTIC GARDENS Block 5~ Lot 1 Marvin & Osborne Knowles 140, 410.06 " ~ " 12 Silas & Olive Stubbs 50,07 146.65 " 5, " 13 Abe Jr., & M. A. Jones ~0; 146.45 " 5, " 14 Sylvester Covington ~OA 146.45 " 5, " 15 Earkis Hill, Jr. 5~, 146.45 " 5, " 16 Gwendolyn Marie Clarke 50~ 146.45 " 5~ 17 & 18 A. Simon Eassa 100~ 292.90 " 5, Lot 20 ~.~.,& Eva Mae Miles 50.07 167.16 " 5, " 19 Mamie S. Powell $0. 146.45 BLOCK 6, Lot 1 Sylveste.r Berry 57.07 167.16 " 6, " 2 Mollie Wxlscn 50. 146.45 " 6, 3 & 4 S., & Gastie Berry 100. 292.90 " 6, Lot 5 M., & Harsha Maddox 50. 146.45 " 6, " 6 Prince & Ruby Storr ~, 146.45 " 6, " 7 Robert & Ilean Glass 50. 146,45 " 6, 8-9'10 A., & Annie Mae Ridley 150. 459.35 " 6, Lot 11 O.D. Priest Jr., 50, 146,45 " 6, " 12 " " Jr., 57.03 167.04 BLOCK 7, Lot 2 Ruthle Mae Bush 50i 146.45 " ?, " $ Mack Lowery 50; 146- 45 " 7, " 4 O.D. Priest Jr., 50° 146.45 " 7, '~ 5 " " " 50~ 146.45 " 7, " 6 " " " 50. 146.45 " 7, " 7 " " " 50. 146.45 " 7, " 8 " "~ " 50. 146.45 ATLANTIC GARDENS Block 7, Lot 9 " " " 50; 146.45 " 7, " 10 " " " 50. 146.45 " 7, " 11 " " " 50. 146.45 " 7, " 12 " " " 57.07 167.16 3,636.76 Ft $ 10,652.07 Resolution No. 1146 (Adver) $ S6.85 Engine'ering Service s (B.~[. B. ) 517.50 Adve~. Assess. ~oll (Est.) 59.25 " Ord inanc e ( Es ~.) 5.50 Construction Costs (Hardrives) !2~96..00 $ 13,315.10 LESS 20% 2,663.03 City's Share p~r Res. n46. ASSESSNENT ROLL For Clearing, Grading and Paving of Southwest 14th Avenue between Atlantic Avenue and third Street to a width of twenty-four feet. COST DESCRIPTION OWNER FOOT~,.GE Per Ft. TOTAL COST Lot 1, Blk.$ ODI~NN'S Joe Conyer 140 $2.078 $ 290'92 "123 " $ " Eleanor Smith 50 103.90 "15~ " S " Rubin Oliver 50 103.90 "14, " $ " S., & L. B. Cooper 50 108.90 15 & 16" 8 " Laura .i. Veasey 100 207.80 17 & 18" $ " David Jr., & B. Anthony 100 207~80 Lot 19~" $ " M., & Ora l~itchell 50' 108.90 " 20," 3 " W., & Mattie liae Haynes 50.46 104.86 "11~ " 4 " Lenora Conyer, Est., 140 290~92 "21, " 4 " W., & Estella Sharp 50 108~90 "22," 4 " E~D., & Essie M. Odam 50 105,90 "2~, " 4 " H., & Ophelia Lockett 50 "24, " 4 " i{arion & Maxie Young 50 103,90 "25, " 4 " C%7.,& Lee Belle Clark $0 103.90 "26, " 4 " Alphanso Bonaby 50 103,90 "27, " 4 " George Bonaby 50 103.90 "28, " 4 " ~innie Lee Lewis 50 108.90 '~ 29, '~ 4 " Do,is Lewis 50.43 104.80 LINCOLN ATLANTIC PARK GARDENS Block 1, Lot 1 Carver Apartments Inc., 57. 118.45 " 1, " 2 " " " 50 103.90 " 1, " 8 " " " 50 103.90 " 1, " 4 " " " 50 103, 90 " 1, " 5 " " " 50 105~90 " 1, " 6 " " " 50 105;90 " 1, " 7 Betsy. Bon~ 50 103,90 " 1, " 8 50 108'90 " 1, " 9 " 50 10~.90 " 1~ " 10 " 50 103,90 " 1, " 11 " 50 105~90 " 1, " 12 " 57.41 119.30 15 PRIEST'S ADD'N. TO ATLANTIC PARK GDNS. I~leck P.~ Lot 1S Charlie ~{itchell 57,22 118~90 " Z~ " 14 Nellie l/~ilti~s 80. 103~ " Z, " 15 Delray Beach ~p.Co., 80. 103;90 " 2, " 16 Felice P. J~es ~ 103.~ " 2, 1~ & 18 J., & ~ie ~u~ay 100. ~7.80 " 2, Let 19 Sylveste~ Berry ~ 103~90 " Z, " 20 Felice P. J~es 50~ 103~90 " 2~ " El " " 80. 103~90 " 2~. " 22 '~ " SO. 103~90 " 2, " ~ " 50. 103;90 " ~, " 24 " 87.Zl 118.88 ~ST ~ OF B~CK 3. N 6t.48' E.P.,& G~ace Roesch 61.43 127.66 N 85 of S 5~ Roosevelt & L. ~ight 85. 114.~9 N 55 of S 498 Otto & E. ~tchell 85. H4.~9 N 55 of S 443 E., & E~nestine Jo~on 55 114.29 N 54 of S 388 C., & ~France ~onPoe S4 112.21 N 54 of S 334 King & ~ttie B~Ee~ 54 112.21 N ~4 of S 280 ~oy & E. Te~le 54 112.21 N S4 of S Z26 I., & Hattie Hearst 54 l12.Zl N ~5 of S 172 E., & ~ie Blake 55 114.29 N 55 of S 117 Susie H~te~ 55 114.29 S 62 Alfred & L. Stra~ 62 128;84 BLO~ 4, Let 1 Betsy Bond 57.21 118~88 " 4, " 2 " " 50 103~90 " 4, " 3 " " 50 103. ~ " 4~ " 4 " " ~ 103;90 " 4, " 5 " " ~ 103~90 " 4, " 6 " " 50 103~90 " 4, " ? Fulton R. Gruve~ ~ 103.~ " ~: "~ " " 50 1~.~ " " " " 50 103~ " 4~ " 10 " " 50 103~ " 4, " 11 " " 50' 108~ " 4, " 1~ " " 57.20 118.~ 3,638.57 $ 7,560.96 Resolution No. 1145 (Aave~) $ 36.85 ~ineeri~ Services (BJ~.B.) 517.~ ASve~. Assess. Roll (Est,) 59.35 " OP~znanc e (Est.) 5,50 Construction Costs (~ra~ives) 8~832,00 $ 9,451~ LESS 20~ ~ 1,890724 City's S~rs per