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10-12-59 22q OCTOBER 12TH, 1959. A Regular Meeting o.f the Ci. ty Council was held in. the Coun.cil Chambers at l:O0 P.M., w~th Mayo.r George Talbot Jr., ~n the Chair, City Manager W. E. Lawson Jr., Cxty Attorney Harry T. Newett and Com- missioners J. LeRoy. Croft, Charles H, Harbison, Fred B. McNeece and George V. Warren benug present. An opening prayer was delivered by Reverend Paul J. Smith. .The Council, by general consent, approved the Minutes of Council Meetsng held on October §th. City Man.a~er Lawson read the following letter, dated October 5th, from the Florida State Road Department: RE: Temporary Permit to City of Delray Beach to extend S.W. 10th Street from City of Delray Beach West across right-of-way of prop,.osed State .Road No. 9, as now located, to Military Trail. "Subsequent t.o your .telephone call last week, I received a let- ter from the District Engsneer dated September 3.0, which confirmed the details of the Agree.ment between the Department. and yo.ur City rel- ative to the above crosssng. As a result of this ~nformat~on, I con- cluded that it w?s not n.ecessary for the matter to be again presented to the Board. at sts meetsng on October 2, and proceeded to prepare the necessary Ag.reement. .... . ' I am.enclosing the greement between the Department and the City ,of Delray. BeaCh, which ' I will appreciate you~. ~aving properly ex.ecuted on behalf of the City. Pl.ease ret.'urn all cop~es to me for executson by the Department after which t wsll forward a fully executed copy to .you for your file."' ccs: Mr. Winston Carlton /S/ (MISS) KATHRYN GREGORY Mr. Wiltiam'D. Singer Assistant Attorney On motion of Commissioner McNeece and seconded by Commissioner Ha.rbison, the Council unanimously, authorized the execution of said 'L~cense Agreement' and its return to the State Road Department. The City Manager then read the following letter, dated October 5th, from the Seaboard Air Line Railroad Company: "Referring to application of the City of Delray Beach for per- mission to pla~e a water pipe line crossing~under the Railroad's pro- perty and track, at a point 1,958 feet north of Mile Post 989 in Del- ray Beach, i Florsda. · . - Agreement has been prepared and is attached hereto in duplicate, with request you arrange for execution.on behalf of the City ray Beach, retUrning both executed copses t° us as soon as~ consistent with certified copy of authorizing resolution in order that we might be in.position to handle' for execution' on behalf of the Railroad." : . i ' /S/ L. C. BATES Supt. ' The council, On motion of Commissioner Harbison and Seconded by CommiSsioner .M,cNeece, .unanimously approved authorizing the execut'ion 'of said 'Permmt' .and xts return to Mr. L. C. Bates, Supt. of the Seaboard Air Line Railroad Company, at Jacksonville, for completion 'of execution thereof. Cit~ ~l~nager LawsOn informed 'the Council of having r.eceived a copy .6f i~i~ns and Specifications for the Sewerage Collectson System ,and Treatment Plant for Tropic Palms S/D. On motion. Of C~ssioner Harbison and seconded by Commissioner Croft, the Council unanimously agreed that these plans and specifica- 22~$ OCTOBER 12, 1959. tlons be referred to Russel & Axon for review in connection with the comprehensive s~u~.vey and feasibility report belng prepared by the Russell & Axon f~rm. The City Manager further advised the Council of having solicited Bids from several local construction contractors for the extension of S.W. 10th Street to the west side of the S.A.L. RR. R/W, and of having received on.ly one bid,.th.at being in the amount of $4,795.90.. On mormon of Commassloner McNeece and seconded by Commissioner Harbison, the Council.unanimously agreed on tabling this matter until the next regular meeting in order t~at the City Attorney may deter- _mine the legality of accepting this single Bid, which the Director of Public Works has stated to be reasonable in cost. City Manager lawson submitted the following Bids on 4 Automobiles for the Police Department and 1 Station Wagon for the Director of Rec- reation: _1_960 Mode! _ Cars .2ach Joe Rose Motors No Bid Doherty-Snyder Motors No Bid Earl Wallace Ford, Inc. $ 8~459;00 $ 2,114,75 No date Adams Chevrolet Co., 8,386.00 2,096.50 October STA. ~'tAGON Endicott-Buick Rambler $ 2,348.75 No date Joe Rose Motors 2,868.08 $ Weeks Adams Chevrolet Co. 2,183.86 Soon as possSblE Earl Wallace Ford, ~uc. 2,183.44 Soon as possible Commissioner Warren questioned the need of four New Automobiles and moved that consideration of these bids be deferred for further study and solicitation of bids ~uf1959.:.Model cars. There was no' second of this motion. Col. Dugal G. Campbell, addressing the Council, stated that the Bids, as presented by the City Manager, appeared.to be most reasonable and further doubt, ed if any benefit would be obtained, turn-in value wise, in attempting to locate 1959 'Models to meet the specifications called for by thePoltce Department. Commissioner McNeece then moved that for standardization of e- 14) rol~t cars.and the o.ne (1) Chevro.let Station Wagon. Motion seconded by Commiss.~oner Harbxson and unanxmously passed. The C~ty Manager then read the following letter, dated October 8th, 1959: "For the benefit of the'.City of Delta Beach, I have dedicated the north 25 feet of the N.E.~ of theS.E.~ of the S.W.~ of Section 17-46-4.3, being t.hat part of newly paved street in S.W. pa.rt of Del- ray, lying and being the South ha.lf of .the pavement.extendxng from S.~.dth Ave to S.W. 10th Ave., which said pavement ~s assessed to me at $2,053..10 which amount I have written a check 'to City. of Delray. · .Now ~n as much as I have .tried to be a senerous citxzen re- ce~xwng no compensation.for sa~d 25 foot strip, could you abate.the 8~ interest charsed against the property, I would appreciate th~s favor very much. /s/ H LEN N LSON The Council, on motion of Commissioner Harbison and seconded by Commiss£.oner Warren, denied the wai.ving of acc~u~..ulated interest on said pawng assessment upon the advice of the C~ty At.torney that the Councxl does not have the power 'to abate properly levxed property. taxes nor improvement assessments nor applicable interest penaltxes thereon. City Manager Lawson read - - - RESOLUTION NO. 1200: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO EXTEN- SION OF WATER SERVICE OUTSIDE CITY LIMITS. WHEREAS, The City of Delray Beach has received applications for e~tension of its water, service to properties and persons located out- s~de the corporate_~iml~s of sai~ City; and ~ WHEREAS, the City is authorxzed to sell and dispose of water to such persons and properties only from its surplus supplies as the Same may be available from time to time; and ~tEREAS, by normal growth and expansion, it would appear any water surpluses no~ existing may li~ely be exhausted within th? near future by the requirements of inhabitants and properties now w~thin the corporate limits of said City, as such properties are developed; hOWever, in order to avoid hardships, the City is willing to furnish Water service outside its corporate limits to properties which appear suitable for annexation so long as any surplus, exists, and amend Reso- lution No. 1180 enacted May 11, 1989, as follows: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 0¥ DELRAY BEACH, FLORIDA: Section 1. That no new applications for'water service to persons or properties~located outside the ¢~ty boundaries of Detray Beach, Florida shall be accepted except (1) there is surplus water available at the time and place of any application~ (2) the'property for which application is made is then located on a water main from-which it can be serviced, and ($) it appears Such PrOpertY is suitable for annexa- tion and that it would likely be' possible to armex~such'property with- in a reasonable time.after such application. It is the intent and purpose of this section to establish as~th? policy of ~he City of Del- fay'Beach to provide and.assure water service for the ~nhabitants and citizens~ofthe~City of Delray Beach, and that applicants should be so situated that they may similarly become citizens. Section-2. That provided the applicant mee~s the fore$oing qual- ifications,~an~ so long as suchsurPlUs may contxnue,~the C~tyV~ater Department is hereby authorized to receive applications for extension 9f water service ?tside the cSty-limits of Delray Beach, and to enter xntoagree~ents with Such apphcants to furnishwater service, upon the following terms and conditions: . (a).,SUch application shall beaccompanied by an~enforceable Pe- tition to the City of Delray Beach, requesting the City to annex such property within~its corporate limits at the discretion ,of the City · Council. SUch'petitign-shall be in form approved by the City Attorney, with proof 9f ownership, and acknowledged so the same.may be recorded in th~ public records of Palm Beach County, Florida, xf desired by the City. (b) The applicant shall secure and~provide easements and rights- of-way to such.property. (c) The extension~will be made to ~ecifications of Cityof De,- ray Beach, and'theentire cost of the extension will be borne by the applicant requesting such Service.. Uponinstallation and acceptance b~ the.City, t~tle.to s?hmains wxll be vested in the. City, and the c~ty will thereafter ma~ntain the same. (d) Service.cOnnection charges and rates for service shall be as. Provided by.,ordinance or other regulation. ..Section 3. The City Manager is hereby authorized and empowered, in his~sole'discretion, to detemminewhether'a water surplus exists andwhether the property'described in any application is suitable for' annexation.by the Cit$, and- may deny any application on either ground. OCTOBER 12, 1959. Section 4. This Resolution shall not be construed as affecting any contract h.eretofore made by the City of Delray Beach for furnish ing water servxce. .PASSED.AND ADOPTED in regular session'on this first and final readxng, th~s twelfth day of October, 1959. /S/ GEORGE TALBOT, JR. Commissioner Croft moved that Res.olution No. 120O be Passed and Adopted. Notion seconded by Commissioner NcNeece and upon Call of Roll - Commissioners Croft, McNeece and Harbison, toEether with ~-yor Talbot, voted in favor thereof, Commissioner Warren Seing opposed~v Motion carried. The City Manager presented a 'Petition', protesting any assess- ment of cost for the improving of a part of N.E. ?.th Avenue against owners of properties abutting thereon, which petitxon was allegedly signed by eight such owners of abutting properties. ~ Following a gene.ral discussion of the City policy, concerning · cost sba.ring for public improvements, and.recognizing N. E. ?th Ave., as becoming a secondary street, the Council, upon motion of Commis- sioner Harbison and seconded by Commissioner Warren, unanimously ap- proved dete .~~.N.E~'~?th Avenue as being a Secondar~y Street and cost o~ opening' and paving of that part of N.E. ?th A. venue lying be- tween- N.E. Sth and Sth Streets to be shared by the C~ty of Delray Beach, .Florida, and the abutt.ing propertSes thereon, as describe.d in Resolut~lo~n No. 1202, on a bas~s of the. C~ty of Delray Beach pay~n$ forty (AO) per cent.of the cos~t .of saxd improvement and the abutting property owners paying sixty (80) per cent of said total cost. City Manager Lawson then read - - - RESOLUTION NO. 1201: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFI- CATIONS AND ESTimATE OF COST TO OPEN, GRADE AND PAVE THAT PART OF NORTHEAST SEVENTH AVENUE LYING BE~EEN NORTHEAST FIFTH AND EIGHTH STREETS. WHEREAS the City Council of the City of Delray Beach, Florida, may deem it to. be necessary for the safety and convenience of the ublic to open, grade and pave that pa.rt of N. E. ?th Avenue lying be- ween N. E. 8th and 8th Streets to a w~dth of 2A feet, the City of Delray Beach, Palm Beach County, Florida, to share in the cost of such improvement with the owners of lands abutting thereon; NOW, THEREFORE, BE IT RESOVED by the City Council of the City of Delray Beach, Palm Beach County, Florida, as follows: SECTION 1. That the City Manager be required to submit plans, specifications and an estimate of the cost of such improvement to be made, and that the same shall be placed on file in the office of the City Manager. PASSED AND ADOPTED by.the City Council of the City of Delray Beach, Florida, on this the 12th day of October, A. D., 1959. /s/ GEORGE TALBOT The Council, on motion of Coz~missioner Warren and seconded, by Commissioner McNeece, unanimously approved ADOPTION of Resolution No. 1 01. OCTOBER 12, 1959. - The City Manager read - - - RESOLUTION NO. 1202: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE OPEN- ING, GRADING AND PAVING OF THAT PART OF NORTH- EAST SEVENTH AVENUE LYING BET~EEN NORTHEAST FIFTH AND EIGHTH STREETS, TO i WIDTH OF T~Y- FOUR (24) FEET. WHEREAS, the City Council of the City of Delray Beach, Florida, did, on the 12th day of October, 195_9, adopt Reso.lution No. 1201 or' doting the City Manager to prepare plans and specifications, to- gether with estimate of cost of opening, grading and paving of' that part of Northeast Seventh Avenue lying between N.E. 5th and.8th Sts,, to a width of 24 feet, and requiring said plans, specifications and estimate of cost of such improvement to be placed on file in the of- fice of the City ManAger, a.nd I ~~S ' the City Council deems it to be necessary for the safe- ty and convenience of the public to open, grade and pave said street, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that it is deteum~ned to make the follow- Sng described improvement, to-wit; To open, grade and pave that part .of N.E. ?th Avenue lying between NoE. 5th and 8th Streets to a width of 24 feet, the total cost, as. estimated., for. such improvement being $7,200.00. 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 the City of Delray Beach paying 40 per cent of the cost of said improvement and the abutting property Owners, said properties shown below, paying 60 per cent of said total cost, SUBDIVISION L 0 T 'McGinley - Gosman 56 .. do N 33' of 45' do S 67' of 45 ao~ 28 Hofman Addition 44,45,4~,47,48 & 49 do 50, $1 & Nh of 52 do 53 & S~. of 52 do 54 do 55 ~do 56 &S 10' of 57 do 57 less S 10' and 58 do 59 do 60 & 61 do ~ 62, 63, 64, 65, 66 & 67 McGinley - Oosman 18, 8.0 S~ of 27 ., do N~ of 27 ac 46 do: 55 said benefits to be determined and prorated according to the front footage of. the' respective properties as set .for.th immediately above. BE IT FURTHER RESOLVED that said special assessments against all. the parcels of lands as set forth above which are specially benefited, shall be and remain liens superior in dignity to all other liens, ex- cept liens for taxes., until paid, from the date of the assessment $ OCTOBER 12, 1959. upon the respective lots and parcels of land assessed, and which shall bear interest at the r.a.te of eight (8).per cent per .annum, and which may be paid in th~'ee (3) equal yearly Installments with accrued int- erest on all deferred payments. .Payment shall be made at .~he~ same place that taxes payable to the .City of Delray Beach, Flor~da,.are paid, namely the office of the C~ty Tax Collector, and upon failure of any property owner to pay the annual installment due, or any part thereof, or any annual interest upon deferred payments, the City of Delray Beach may brxng necessary .legal proceed~ng.s by a B~ll ~n Chan cory to enforce payment thereof.wxth all accrued ~nterest, together with all legal costs incurred[, xncludini a reasonable attorney's fee. The total amount of any lien may be pad 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 1:00 P.M., on the 26th day of October, A.D. 1959, for the purpose of hearing objections, if any, on said proposed improvement, as set forth above. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 12th day of October, 1959. /S/ GEORGE TALBOT, ~ -M'A ~L OLL On motion of Commissioner Warren and seconded by Commissigner · Harbison, .the Council unanimously approved ADOPTION of Resolution No. 1202 on thzs first and final reading. Mr. Charles Senior, District Manager for Florida Power & Light Company, appeared before the Council and requested, on behalf of the Light Company, a thirty-year Franchise be granted the Florida Power & Light Company to replace the current 20-year Franchise which has approximately six years to run. . Mr. Senior explained that th~s request is made due to an expan- sion program of the Light Company and that such a Franchise is a fac- tor is establishing electric current rates, as well as being benefi- cial to the Light Company as well as to the City for obvious reasons. City Manager Lawson then read - - - ORDINANCE NO. G-SSS: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, GRAI~TING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; On motion of Commissioner McNeece and seconded by Commissioner Croft, the Council unanimously approved PLACING Ordinance No. G-335 on First Reading. City Manager Lawson th.eh submitted the f.ollowing BIDS for the proposed NEW City Hall, Police Station and Ja~l: For AIR CONDITIONING, HEATING & VENTILATING- "i" . llt.~l "B" City Hall Alt. ..CitY Hall City Hall Sta.& Jai~l Sta.&~.Ja~l Atlas Air Cond.Co. $ 40,787. - - 31,938. 69~896. - - MacEachron Refrig. ...... 82~000. - - McDonald Air Cona. 49~600. - - 45~850. 92~000. - - · Phillips Corp., 51,000. - 1600. 37,000. 87,000. - 1600, OCTOBER ].2, 1959. For JAIL EQUI,PMENT BASE BID ~ Fries & Son $ $0~190~ Indefinite Decatur Iron & Steel Co., 34,507~ 140 Roanoke Iron & Bridge Works, Inc. $2~125; Meet Bldrs. Southern Prison Co., 39,975. " " For KITCHEN_ EQUI?MENT Jack Conkle, Inc., $ lOpl20~SS Bill t~oodward Equipment Co., 8~890;00 The Zack Company- 9,396.00 Kretschmer, Inc., 8~986,50 Precision Metal Products, Inc., 9.850.53 C,ITy H%.LL, POLICE STAT,ION & JAIL Days "A" Alt. "B" Alt, "C" Alt. "D" S,~'~. Cit,y,.Hall ~ Sta:Jai, 1 ~! (A&B) ~1 Site, Wor, k Alt. C-1 #1 180 $195~000 -25~000 160~000 -3,000 350,000 -28~000 55~000 -4,000 #2 160 186~880 - 6,600 160~920 -1S000 S46~800 -19~600 $6~252 -4~716 300 195~496 -14~137 175~000 -14481 366)400 -28,618 48~747 -5~600 240 194~400 15)000 172~700-17000 359~600-30,800 .... 150 195,000 -20,000 170,000 -15000 359,432 -36~000 30~000 -5~000 #? SO0 - - - - - - -~' -497,000 - 1,500 28,000 -1,000 #1 Hunter Construction Co.' #2 Trieste Construction Co., #S John B. Tschirgi ConstruCtion J?hn B. ~' #5 R{C'h~rdsOn Construction Co., . oms Pa?n, Inc., Caldwell Scott ~ The Council, on motion of Commi_ssioner Croft and seconded by Commissioner McNeece, re~erre& .the hereinabove listed "BIDS" to the City Manager and Architect Kenneth Jacobson for review and tabulation, City. Manager· .~Laws°n ........ sUbm~ tted a 'Request. ' from Mr. Curtis Dodson, applyln~ for Permit to move a frame house from 25 No. Federal Hwy., to LOt 25, Block "B", Tourist Nook S/D. on N.W. 8th Ave. The Bu.ilding Inspector reported the house to be in good condition and NO ob'jectio~s'having be~n recei'ved from'owners of properties in the general area of said Lot~ 23, Block "B", Tourist. Nook. On motion of .Comm~Ss.io~er Harbison and seconded by Commissioner M?Nee. ce, the Cotulcll unanimously approved granting Mr. Dodson a Per- mit for transfer of a. Frame House f. rom 28 No..Federal .H~y.,'to Lok 23, Block' "B" of ToUrxst NOok, sub sect to plac[ng of a $500..Bond with the Building Inspection Department to assure re-location of said building in conformance with plans submitted and the Building Code of Delray Beach. The Council, on-motion of Commissioner ~Jarren and seconded by Commissioner McNeece, ullanimously approved the "Transfer" of the ~eer & Wine License for 'Mickey's Firestone Restaurant' from Charles Moz~k to Gust Lazaros, the New owner of the Restuarant. On motion of Commissioner McNeece and seconded by Commissioner Harbison, the Council authorized a "Change'' of Priority Street Im- provement liste~[ in Resolution No. 1198 amd 1199, substituting North- west 1st Street between N.W. 8th and 14th Avenues for Southwest 1st Street between 8th and 14th Avenues as requested by Att'y. I.C.Smith of the Civic League. OCTOBER 12, 1959. The Council, on motion of Commissioner McNeece and seconded by Commissioner Harbison, unanimously ag.ree.d that th.e City Manager should atto. nd the Annual City Managers Association Maetxng to be held in St. Lou~s, October 2$th th~u the 29th. The Council requested the following letters be made a part of the official records: October 2nd, 1959. Mayor James J. Mahoney, 127 N.E. 2nd Avenue, Boynton Beach, Florida. Dear M~. Mahoney: "For some time I have been considering the possibil- ity of a water extension which could be be. neficial to. Boynton Beach. Several years ago Delray Beach connected ~t.s water ma~n on North A1A to Gulfstream and on the South to that of Hxghland Beach. Sealed tgate va_Ives are norma.lly closed, thus separating the distributiom sys- ems. From time to txme, however, emergencies have disrupted the Highland Beach system, and Delray Beach supplied water until repaY, rs were made. In view of the proposed.annexation of school property, this ap- pears to be an appropriate t~me to discuss the possibility of a con- nection. If the property is annexed, Delray Bed.ch plans to extend a water main on Seacrest Boulevard as far as the Hxgh School. Contin- uation to Gulfstream Blvd. and extension of the Boynton Beach main to that point would .m~.ke a connection possible. An emergency need for water at the Hospital or the so_uth part of your system could then be handled like those of Highland Beach. If you feel that the proposal has merit, let me know, and I shall arrange for a meeting with the City Council to discuss details." /S/ I,VILLIAM E. LA'~¥SON JR ...... City ~anager ' -~ TO WILLIAM E. LAWSON JR October 8, 1959. "Referring t.o your letter of October 2n.~, 1959 regardin$ consid- eration of the Czty of Boynton Beach ~¥ater L~ne_to connect wzth the water line of the City of Delray Beac.h with sealed gate valves in- stalled, .please be advised that the Cxty of Boynton Beach is at the t~me present having a preli.minary survey of its water distribution system made by our city engineers. In view of the fact that the City of Bo~mton Beach will have to await a report from the engineers on this preliminary survey, it will the be necessary to portpone meetin$ you request o~r to dSscuss details of this pr.oposal. As soon.as the Cxty. of Boynton Beach ~s able to discuss this matter, you wzll be notifxed. Thank you for your consid- eration." /s? JA mS J.., AHON Y The Council requested the City Manager to review any existing ordinances concerning the operation of Pin Ball Machines within the city limits and advise the Council at his early convenience. Th.e.Co.u~.c.il was informed of the meeting of the "Florida League · of Munzcxpal~tzes" to be held on .Thursday, October.22nd, at Pensacola, and the Meeting of the School BOard with the Counczls of Boca-Raton, B.oynton Beach and Delray Beach on ~edne.sday, the 21st., at Seacrest Hxgh School, at 8.00 P.M., and the Meeting of.the Trx County League on October 16th, at 6:45 P.M., with Dinner being served, at the Del- ray Country Club. OCTOBER 12, 1959. Mayor Talbot, replying to the request of the Council at its meeting on October 8th, announed the following Rules of Procedure for Council operation: "Until amendment of procedure, possible by virtue of Section 20 of Article IV, of the City Charter, fav- orable action by this Council,.on ordina.ry matters and issues of busine.ss (following a 'Motion' proper- ly made and seconded) shall be based upon the affirm- ative vote of three or more l~embers of the Council, in keeping with the poli.cy of procedure exercised by this and prior Councils which has resulted from advice of the current and also some preceding City Attorneys. Mayor Talbot further stated thgt any issues of major importance should only be considered at a meeting attended by the full Council. The Council agreed that consideration of City owned land, south of S.E. 10th Street, for Civic Center improvements, would only be ' deferred until the next regular meeting to be held on October 19th. MEET ING ADJOURNED: .... R.D. WORTHING APPROVED: ~y~/~r~O~R ----~---~'~'~[~ ~: ~ City c18~k