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11-24-58 NOVEMBER 24TH, 1958. A Regular Meeting of the City Council of the. Cityof Delray Beach, was held xn the Council Chambers at 7:30 P.M., wzth _Mayor J. LeRoy Croft in the Chair, CztyManager W. E. Lawson Jr., City Attorney Harry Newett and Commissioners Col. __Dugal G. Campbell, Fred B. McNeece, George Talbot Jr., and George V. Warren. An opening prayer was delivered by Reverend J. W, Swanson. On motion of Commissioner McNeece and seconded by Commissioner Warren, the Council unanimously approved the Minutes of the Council meeting held on November 10th, 1958. City Manager Laws? read the "Petitions for Exclusion" concerning Plats 2 and 3 of Tropic Palms,-as submitted by South Coast Development Corporation and Tropical Palm~, Inc., respectlvely, said "Petitions" beingattached hereto an~ forming a part hereof. (Pages ~91.& 192) On motion of C?~mmissloner~arren and seconded by Commxsszoner McNeece, the Council unanimously agreed on tabhng these Petitions to permit preparation of a City proposal relative thereto. Commissioner War~en then moved that the City Manager and th? City Attorney, together with additional legal counsel as well as Engxneem- Sng aid, if City Manager .L?son deems it necessary, prepare a prelim- ~nary agreement, for.consxderation, between the Cityan~ South. Coast Development Corporatxon as well as Tropxcal Palms, Inc., where~n the ~ty would enter into a contract with-said developers, establishing a S/Dwholesale water rate of 20~ per 1,000 gallons of water delxvered through a master meter and ~ubject to adjustment if the cost of pro- tucing water to this meter xs found to be in excess of an amount termined necessary to provid? a minimumprofit of 25% ~o.the City, and Said "Agreement" to provxde for the following prows~ons to be in- cluded therein; South Coast Development Corp., and Tropical Palms, Inc., to inst~ll ALL.water mains, hydrants, lead-in service meter hnes, wxth the city's use of rights-of-way being ranted. Water rates to consumers to e the same as b~ hose charged throughout the city. The purchaser of this wholesale water to confine such distribution to within the limits of his respective S/D. The City shall agree to provide right-of way a?cess to S.C.D. Corp., as well as T.P. Inc., in.their respective S/Ds In order tha~ they may lay se~ge mains, lead-~ns and build a disposal plant providing for Conducting a sewage disposal plant in that area and under thefollow- ing conditions; "That at any time, the city may purchase the sewerage business, disposal plant and its main lines, the value of which shall be determined by a committee of three - the City and the Developers, individually, as well as collectively, appointing an ~ppraiser. At such time as the City determines its rxght to purchase said dis- posal plant and appurtenances, the C-ity shall be given all sewage mains, lead-~ns and meters that have been installed in the rights-of-way at NO COST to the City. Further, that. NO sewaewagee service or water, service, shall be. provided to anyone outsxde of the S/D's limits wxthout specxfic permAssi?.of the City. Sewerage rates shall be a normal rate comparable to szm~lar rates established in other towns and cities for such service, and this 'Preliminary Agreement' shall be prepared at the earliest possible ~ate for consideration by the Council and the Developers. Motion was seconded by Commissioner Campbell and unanimously passed. · City Manager Lawson reviewed an excerpt.f~om Attorney Henry F. Lllien~hal's letter.of November 19th, relatxve to certain set-back provisions of the Cxty, appearing therein as follows; ~O'~MBE~ z~n, ~958. "The court decree does not necessitate a revision of the set-back in the block in 9uestion but I should think it might be preferable for the City to amend its zoning ordinance so as to make the same set-back applicable in the C-1 block on Ocean Boulevard which is applicable to other similarly designated districts. Commissioner Talbot moved that set-back provision clarification, conc.erning C-.1 and C-2 zoned areas, as recommended by the City Manager and in line with comment from Attorney Henr7 F. Lilienthal, be referred to the Planning Board for study and recommendation. Motion seconded by Commi.ssioner Campbell and unanimously passed.. . CommAssioner Campbell then moved that clarifxcatxon and reco_r~en- dation be requested from the Plannin~ Board concerning Set-backs from rear lot lines, particularly along - 1. Both sides of Atlantic Avenue, 2. Blocks with Commercial on One side & Residential on the other side, $. Solid Residential Blocks, with particular attention and consideration given to Blocks with ded- icate~[ alleys and Blocks without any alley which .therefor causes two lots or parcels of land to abutt each other. Motion was seconded by Commissioner McNeece and unanimously agreed. . City Manager Lawson then read his "Recommended Procedure for the Improvement of Alleys in the City of Delray Beach", copy of which is attached hereto and forms a part hereof. (!'Age 198 On motion of Commissioner Warren and seconded by Commissioner McNeece, the Council unanimously approved adoption of - RECOM~DED PROCEDURE FCR THE IMPROVEMENT OF ALLEYS IN THE CITY OF DEIRAY BEACH, FLA as reco ~mmended and submitted by the City Manager. The City Manager then submi, tted BIDS which had been sol.icited for the following Pick-Up Trucks; (Per Specifications Furnished) .~..o. !~2,Ton Pick,Ups One 3/4 Ton Pick.- Adams Chevrolet Company. $ 4~8§9.1& Lot Net $ 2i619~$4 Net Earl Wallace Ford,Inc., 4,704.28 " " 2,618.$$ " On motion of Commissioner Talbot and second.ed by Commissioner Warren, the Council unanimously app.roved awardxng Contract .to the low bidder for furnis,hin~ two 1/2 Ton Pxck-Up Trucks and one B/4 Ton Pick- author~z~ er Up Truck, and . ~d th.e City Manag to provide, .from UnappFo- pti?ted Surplus - $804,28 (General Fund) and $218.$§ (Water Fund) not hawng been included in the current Budget. City M?nager Lawson also submitted the following Bids received for Galvanized Pipe: ,1000' $/4", 5000' 1" 5000' ~ ~/.~, BO00' 1-1/2", $000' 2", $000: Cameron & Barkley $ 6~517~60 Lot Net * Charles Sales Corp 6,?93.30 " Cra.ne Company 6,487.80 " # Davxs Meter & Supply 6~664;?0 " * Gulfstream Pipe 6~455.00 " Industrial Supply 6, ~3;00 " * Peninsular Supply 6,6~8.$0 " * Delivered to City Warehouse;' otherwise Railroad Siding. Commissioner Campbell moved that award, for furnishing the above s~ecified Carload of Pipe - Delivered to City Narehouse, be awarded t~ t.he .low bidder for such de.livery destination. Motion seconded by Commissxoner MoNeeoe and unanxmously approved. NOVEMBER 2J4th, 1958. PETITION FOR EXCLUSION PROM THE CITY OP DFJ~AY BEACH, FLORIDA TO: The City Commission, the City of Delray Beach, Florida. COMES NO~ SOUTH COAST DEVELOPMENT CORPORATION and represents that it is the subdivider and predominant owner of lands now within the city limits of Delray B each, Florida, and described as Tropic Palms, Plat No. 2. As said subdivider and predominant owner, SOUTH COAST DEVELOPMENT CORPORATIaN, hereby petitions the City of Delray Beach, Florida, that the City, by Ordinance, as provided by law, will contract the boundaries of said City to exclude the said nroperty described as Tropic Palms, Plat No. 2. Respectfully submitted, SOUTH COAST DEVELOPMENT CORPORATION By ...... president (Corporate Seal) Attest: .......~sst. secretary' Attest: secretary STATE OF FLORIDA COUNTY OF PALM BEACH Before me personally appeared HENRY J. MELLON and BEATRICE L. MELLON, to me well known, and known to me to be the individuals described in and who executed the foregoing instrument as President and Secretary of the above named SOUTH COAST DEVELOPMENT CORPORATION, a Corporation, and severally acknowledged to and before me that they executed such instrument as such President and Secretary, respective- ly, of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due an~ regular corporate au- thority, and that said instrument is the free act md deed of said corporation. WITNESS my hand and official seal, this .30_ day of October, A.D. 1958. .... , ...... Notal~r,,-Publie State of Florida at Large My commission expires: NOVEMBER Fi%th, 1958 PETITION FOR EXCLUSION FROM THE CITY OF DELRAY BEACH, F~ORIDA TO: The City Commission, the City of Delray Beach, Florida. COMES 'N0~Y TROPICAL PALMS, INC. and represents that it ~ the subdivider and predominant owner of lands now within the city limits of Delray Beach, Florida, and described as Tropic Palms, Plat No. 3. AS said subdivider and P~sdomlnant owner, T~0PICAL PALMS, INC., hereby petitions the City of Delray Beach, Florida, that the City, by ordinance, as provide~ by law, will contract the boundaries of said City to exolude the said property described asTropio Palms, Plat No. 3. Respectfully submitted, TROPICAL PALMS, INC. (Corporate Seal) Attest: A t secretary Attest: S~ATE OF F~ORIDA COUNTY OFPALMBEACH Before me personally appesmed HENRY J. MELLON and BEATRICE L. MELLON, to me well known, and known to me to be the dtviduals described in and who executed the foregoin6 instrument as President and Secretary of the above named TROPICAL PALMS, INC., a Corporation, and severally acknowledged to and before me that they executed such instrument as such President and Secretary, respectively, of said corporation, and that the seal affixed to the foPegoing instrument is the core, rate seal of said corporation and that it was affixed to said inst~4ment by due and regular corpo- rate authority, and that said instmanent is the free act and deed of said corporation. WITNESS my hand and official seal, this ~day of October, A.D. 1958. · ' ' NOISY publiC State of Florida at Large My consnission expires: N0VEI~ER 24th, 1958. 19~ On motion of Commissioner l/cNeece ard seconded by Commissioner Talbot, the Council unanimously approved .appointment 9f the following Clerks and Inspectors for the regular Nunlcipal Election to be held on December 2nd, 1988; Ers. Archer Adams Er. Narshall DeWitt Ers. Dorotha Bauer Nr. John Hadden Ers. Betty Chevalier C. C. Turner Niss Florence Cramp Nfs. Irene LePage Ers. Nina Sprott Ers. Nary Bishop Walker Er. I. C. Smith (Att'y.) City ~anager Lawson read the following letter, dated November 19, 1958~ from Att'y. Henry F. Lilienthal, concerning "Saddle River Oaks, Inc., vs. City of Delray Beach." "As I have advised Nr. Lawson over the telephone, the Court, act- ing through Circuit Judge James R. Knott, entered an order on the four- teenth of November granting the plaintiff's motion for s~m~ary judge- ment .on the grour~ that it appe.ared there was no genuine issue of any materzal facts and that the plaintiff was entitled to judgment as a~ matter of law. I think that most if not all of the members of the City Council are aware of the fact that the b.lock in which the property in question is located has no improvements situated as much a.s twenty-five feet west of the Brockway line. This feature accompanzed with the other background concerning the particular lots has resulted in the unfavor- able court decision. I doubt that the Circuit Court decision can be reversed on appeal but if the Council wishes to pursue this matter further I should be lad to meet with the members and discuss the situation at some ength. The other properties in the block zoned as C-1 are probably not affected b~ the decision of the court for as I understand the de- cision it simpzy means that as to Lots 2 and 3 the owner is entitled to a building permit to construct improvements up to the Brockway line. The court decree does not necessitate a revision of the set-back in the block in question but I should think it might be preferable for the c. ity to amend its zoning ordinance so as to make the same set-back applicable in the C-1 block on Ocean Boulevard which is applicable to other similarly designated districts. I should like to be advised promptly whether you desi.re me to take any further action in connection with this case. Two copzes of the order of the cou~t are enclosed for your information and when the fi- nal decree is entered in the next few days I will send you copies of it. Awaiting your further advice, and with kind personal regards, I am /S/ HENRY F. LILIENTHAL On motion of Commissioner Campbell and seconded by Commissioner Warren, the Council unanimously agreed that no ~further legal action, concerni~ng this case, be taken and that Att'y. Lilienthal~s letter be acknowledged. The following Petition, received by the City Nanager, was submit- ted to the CounCil: November lSth, 1~58. "We, the undersigned ~roperty owners, with property abutting on N.E. 5th Street, between N.E. 7th Avenue and the alley between 7th and 6th Avenues, ask the .City Council to revoke the dedication of the right of way for above mentzoned portzon of N.E. 8th Street, abandon it and rettu, n it to the individual property owners. This strip has been main- tained by us, and used by no one el.se. ~ - . . Sketch of property in~question zs shown below for your convenience. /S/ Karl Kasten, Doris Kasten, Frank H. Doman, Ruth Doman. N0~ER 24th, 19~8. On motion of Commissioner Warren and seconded by Commissioner McNeece, the Council unanimously agreed on denial of the request con. rained in the 'Petition' concerning that portion of N;E. 5th Street lying between 7th Avenue and 6th Avenue (Federal Hwy). City ~N~.n.ager Lawson submitted the request, shown below, received from the Czvltan Club of Delray Beach, dated October 30th, 19§8. "The annual sale of Claxton Fruit Cakes is here again, and ~he Civitan Club of Delra~ Beach would like to secrete the apprpval of the Commission to hang a canner across U.S. i (Federal Highway) from now until December 26, 1958. The banner is only t.o advert.ise .that the cakes are on sale. This, of course, is a non-profit o~ganlzatlon, and the proceeds are used for charitable purposes. Your cooperation and approval in 'this matter are appreciated. Thank you. /S/ WILLIA~ G. JANES & DAVID L. TYSON On motion of Commissioner NcNeece and seconded by Commissioner Talbot, the Council .unanimously approved denial of the Civitan Club's request for banner'd~splaY over Federal Highway, it not being desired to set a precedent. On motion of .Commies.loner Campbell and seconde.d by Commissioner Talbot, the Council unanzmously agreed that no act~o_n be taken On the request cf a Committee, appointed by the Council of Palm Beach Shores, concerning support of opposition to the widening and deepening, of the channel from the ocean to the port, in as much as there is evidence of disagreement between certain towns and cities in the general area affected as to the need and merit of such an undertaking.. The City Manager submitted the following resolution; RESOLUTION NO. 1158. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEIRAY BEACH, FLG~IDA, O~DERING THE CONSTRUCTION OF STORM DRAINS IN SECTION "0n AS SHOWN ON STORM DRAINAGE SYSTE~ SURVEY FILE T. F. 1868, TOGETHER WITH THE INSTALLATION OF CATCH BASINS, MAN-HOLES AND APPURTENANCES IN CONJUNCTION VfITH SUCH STORM DRAINS. Commissioner Campbell moved for providing that the Cit.y absorb twenty per-cent of the total cost of said improvement .outl~n. ed and ordered in Resolution No. 1158, the benefitted properties, ~dentified in said Resolution No. 1156, to be assessed for the.remaining eighty per cent of said total cost ther.eof, and that the C~ty of Delray Beach shal~ construct and provide, at ~ts own expense, a Sea Wall on the south side of the Yacht Basin and north side of Basin Drive. Notion was seconded by Commissioner Talbot and unanimously passed. ~ommissioner Campbell then moved for adoption of Resolution No. 1.158, ordering .construction of Storm Drainage in Section "0" and pro- v~tng for sharing of the .total cost thereof. Notion seconded by Com- missioner Talbot, and unanimously approved. City Manager Lawson then read Resolution No. 1157: RESOLUTION NO. 1157. · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLCSIDA, REQUIRING PLANS, SPECIFI- CATIONS AND ESTIMATE OF COST FOR CONSTRUCTION OF STOP~ DP~INS IN SECTION "N" AS SHOWN ON STORM DRAINAGE SYSTEM SURVEY FILE T. F. 1868, TOGETHER WITH THE INSTALLATION OF CATCH BASINS, MAN-HOLES AND APPLt~TENANCES IN CONJUNCTION WITH SUCH STORM DRAINS. 4 NOVEMBER ~th, On motlon of Cc~mlssloner Warren and seconaed by C~ssi~ner Talbot, the Co~cil ~ni~usly a~ee8 on a~o~tion of Resolution No. 115~ on this first ~8 fill The City ~nager then sub, trod the following 'RepoPts' received from the Pla~ing Boar~: 1. ~: Proposed s~facing of Swinton Ave. "It has been bro~ht to o~ attention by ~. Totterdale, as a mem- ber of o~ C~r of Co~erce~ t~t t~e Cowry Road Dept. plans to res~face Sw~nton Ave. as is w~th all xts up~ ~d d~s. . We rec~end that ~inton Avenue ~e subjected to leveling up an~ that c~bs and gutters be constructed ~n such a way as to li~ up wizh the drainage which i~ contemplated to the wate~ay, when East ~th and 8th Avenues are rebuilt as the Fede~a~ Highway." /S/~D~ L. FABENS, Chai~n Co~issione~ McNeece moved t~t the Co,oil recognize the tho~ht- fulness and advisability of the Pla~ing Board and Ch~ber of Co~erce and that the City ~nager be requested to contact the Co~ty sion, through C~ssloner Ben S~dy, and request Cowry Co~sSi~n Agenda provision for th~s ~tter and d~scussxon thereof by the Co~ oil for the City of Delray Beach. Motion seconded by Co~ssione~ Campbell and ~nimously agreed. . Odin' s, S/D. Inc 1. 2. " RE: Deviation Request; B~.i, Lots "~. Henry E. W~e is the o~er of 2~2 feet fronti~ on the north side of West Atlantic Ave between lSth and lath Avenues. His property line is ~8 feet no~th of the center line of Atlan- tic Ave and he has be~ advised by a representative.of the State Road Department that some ~ay the present p~oposed widening ~y take 20 ft more from him. The Southern Bell Tel. & Tel. Co~ have leased his property as a truck cente~, which would require a sxx foot fence aro~d the proper- ty. He proposes to place the fence on the south side, not on his pro- perty line but 20 ft no~th thereof, in view of the possible condemna- tion to that l~e. Our Board ~an~ously reco~end that his location of the fence be approved, provided a~ agreement is mde ~ him, agreeing to mov~ the fence back to any lxne that a furze takx~ of the land ~y re quire." /S/ ~DR~ L. FABENS, Chair~n On motion of C~ssi~ne~ C~pbell and seconded by Co~issioner McNeece, the Co,oil ~n~mously approved granting ~ ~e.pe~s- sion to construct a fence, as outlined on sketch submtted w~th h~s request, and subject to an agreement from ~. ~e providing for re- moval of said Fence to a new location northward, at no expense to the City of Delray Beach, at such ~ime as furze widening of Atlantic Ave would require relocation of saxd fence. ~. RE: P~oposed ~ t~u Atlantic ~dus- trial Properties, Ltd: Sec 18-46-48 "The Atlantic Industrial Properties, Ltd., represented by ~. Robert G~acey and ~. ~lph P~iesmeye~ as an individ~l o~er, pre- sented to o~ board a sketch plan for the development of the area, west of the Seaboard R.R. bonded by Atlantic Ave. on the north, Ralph.~ie~msyer, the City Pistol ~nge and the S.A.L.~ on the east, the C~ty lxmts on the south and the De~ay Beach Co,try Club on the WeSt. Atlantic ~dustrial proposes to dedicate and construct a sixty (80) foot road. south from A~l~tic Ave. to a point 88 fee~ north of the south city li~ts, to ~xch ~. Priesmeyer would contribute 28 ft alo~ his west l~e an~ the is asked to contribute a similar 28 ft alo~ the West bo~a~y of pistol range. ~. P~iesmeyer also has ~der coasideration the dedication of a ~0 ft alley along the east boundary of his property, which is nearly 675 feet. This is a general plan which would be w~rke~ u~ in compliance with o~ sub-~ivision regUlations. The rez~ni~g of ~e of this area, ~fch ~ay be aske~ la,er, is not ~er cons~erat~ at the present t.me: . Our Boa~ ~an~o~l~ recoveries tentative acceptance of their plan, provi~e~ the city will ~icate thei~ willi~ne~'to ~e~icate ~he 25 ft stri~ alo~ the west ~i~e qf .the pistol ~a~e." /S/~~ L. F~S, Chai~n ~ ~tion of Cn~ssioner Talbot an~ secon~e~ ~y C~ssione~ Campbell, t~e Co.oil ~an~ously approve~ the ~e~cat~on. of a ~wenty- five foo~ stri~, ~e~,, ~he ~est 25 ft of the ~ of the W~ of.the Southeast ~r}e~ (SE}) of the Southeast Q~rte~ (SE~) of Section 18, . 46 South, ~ge 43 ~st, subject to Reversion Clause therein in~ fo~ sai~ strip of lan~, ~es~rib~ herein, to ~e~ert to the one (1) yea~ fro~ ~ate of such ~e~cat~on if construction of pro~ose~ road fails to ~te~ialize, and, further, that such ~d shall be b~lt to City ~p~cifications concerning grati~ and finishin~ of highways and t~t l~nal su~facin~ of the roat shall be in the cente~ of p~oposet sixty (60) foo~ RE: Del~ay Beach Heights.- ADDITIONS 4. "~e have ex~ne~ and approved the street and lot ~y out of the second adiiti?n, to Del~y Beach Heights as sho~ on a sketch The Prehmnary Plan will n~w be pveparet by them and suborned to the Director of ~ublic Works for his action ~de~ the ~ub-~ivision ordinance. Thi~ is written as a ~tter of record and no action is vequi~ed of the City Co~issioa at this time. /S/ ~~ L. FAB~S, Chaimn ~: Automobile Painti~. 5. "~r Boar~ reco~ends that the building inspector be advised of the foll~img interp~etation. Automobile pafnti~ and body {epair is ~cidental to "Automobile ~epai~ and service garage" as mentioned in code section 29-7.8-A4, page 821. /S/ ~DR~ L. FAB~, Chai~ On motion of Co~ssiomer C~Pbell and seconded by C~issioner Talbot, the Co~cil ~an~ously agree~ on tabling this matter a~ re- quest~g the City ~nager to investigate all possible Safety Factors and regulations of the Building C~e, concerning such a f~ction, and sub~t a report an~ ~ec~enda~ion to the Co,oil. 6. The 'Prelimina~ Plat' of Delray Beach Heights - l~t Addition was approved by the Plying BOard at the Board's meeting held on No- vember 21st, 1~59, said approval'bei~ noted thereon fn accordance ~th Sub-division Ordx~nce No. G-288. Co~issioner ~pbell moved for approval of the Prel~nary Plat of Delray Beach Heights - ADD'N. No. l, heretofore approved, and evi- denced thereon, by the Pla~ing Board and the Director of ~blic ?forks. Motiqn ~as seconded by Co~ssioner McNeece a~ upon Call of Roll Co~ss~oners C~bell, McNeece, and Talbot, t~ge~er with ~yor Croft voted in favor thereof, Co~issioner Warren being opposed. ~ motion of Co~issioner McNeece and ~econded by Co~ssione~ Talbot,. the Co~cil ~imously approved Bxlls Pa~ble in the amo~t of $ lt~,lq?.Z4 submtte~ by the City ~nager. City ~nager ~wson presented the foll~tng request received from the Del~ay Beach Police Benevolent Assoc., dated November 1st, 1958: 7~e Del~ay Beach Police Benevolent Association hereby ~equests, and w~ll g~eatly appreciate a renewal for a te~ of ten years, of the Lease dated December 8th, 1948, for the following ~escribed property in Pa~ Beach Co~ty, Florida, The W~ of the W~ of the SE~ of the SE~ of Sec. 18-48-43. 6 A renewal option similar to the original option would be further appreciated. /S/ RAY W. YATES, President Commissioner Campbell.agvised asainst the City providing for an option, sinular to the original option, to be included in a Renewal of the Association's Lease, hereinabove referred to, in as much as the apparent value and future development possibilities of the area surrounding the lands described here~n will undoubtedly warrant'the removal of improvements and release of the lands identified in the current 'Lease', The Commissioner, however, assured the Association that this Council or any other Council of the City would feel obliga- ted to provide for re-location of the Police Benevolent Association. Commissioner Campbell then moved that a Renewal of the present Lease, which expires December 7th, 1958, be granted in keeping with the option for a 10 year period as contained in the current lease, and, further, to incorporate a provision to permit either party to effect a release of said Renewal upon thirty days notice. Notion seconded by Commissioner Talbot and unanimously passed. City Nanager Lawson read the following letter received from Mr. Paul Blatz, SO8 Harmon Court, City, dated (blank): "Our request for City Rights of widening of Harmon Court for emergency use etc., like it was before, for over 7 years, also to prevent drainage on our walk, shrubs and lawn from the Hill Structure, Now, for past S years to our dissatisfaction as a Tax Payer." /S/ PAUL BLATZ Commissioner Campbell moved that the owners of property in the area of Harmon Court'causing an encroachment on the right-of-way, be requested to remove such encroachments as cause undesirable condi- tions on Harmon Court. Notion seconded by Commissioner Talbot and upon Call of Roll - Commissioners Campbell, Talbot, McNeece and Nayor Croft voted in favor thereof, CommissionerWarren abstaining. Mr. R. A. Vos, of 92S Seagate Drive, and Mr. E. H. ~erner of Bucida Rd., complained to the Council concerning drainage, particu- larly in lower Seagate area, and also'Possi~le ~nefficiency in the over-all en$ineering counsel rendered the C~ty ~n connection with the various~Dralnage projects. Following a general discussion of the progress being made on the drainage projects, especially in lower Seagate, Commissioner Talbot moved that the City Manager be requested to provide for Re-Engineering · · · Il 11 Il 11 adwce concerning proper and deszred drainage of Sections D and E , and to submit an estimated cost of any corrective measures determined necessary, at the earliest possible date. Motion seconded by Commis- sioner ~Varren and unanzmously passed. Commissioner Warren then moved that NO FINAL PAY~NT be made to Contractors holding a contract for construction of Storms Drains in Seagate until assurance has been furnished the Council of proper drainase being provided and all debris eliminated and grounds cleaned up, which have become disturbed by the various drainage projects, in compliance with terms and conditions of each Contract. Motion second- ed by Commissioner Campbell and unanimously approved. On motion of Commissioner Campbell and seconded by Commissioner Talbot, the Council approved permission, subject to Planning Board ap- proval, for Platform and Platform covering on the South building of the two Seaboard Railroad leased Warehouse on the north side of At- lantic Avenue, and further subject to an agreement being provided by the leasee that any encroachment of construction upon land which may be required.for future widening of Atlantic Ave., would be eliminated therefrom without delay and without any expense to the City or State. 7 City Attorney Newett read a prepared "GENERAL RELEASE, INDEMNITY AGREEMENT AND ASSIGNMENT" in .favor of Peerless In.surance Company, of Keene, New Hampshire, concerning .the bankrupt Semmnole Construction Company 'Surety Bond', together with the following Resolution: RESOLUTION NO. 1158. A RESOLUTION AMENDING RESOLUTION NO. 1154, AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AND DELIVER GENERAL RE- LEASE, INDEMNITY AGREEMENT AND ASSIGNMENT TO PEERLESS INSURANCE COMPANY UPON PAYMENT OF $?,500.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE C~TY OF DE~RAY BEACH, FLCRIDA: 1. ~hat Resolution No. 1154, adopted October 27, 1958, be and the same is supplemented and amended by au~th, orizing and empowering the Mayor and City Clerk to execute and dehver to Peerl.ess Insu.rance Company the General Release, Indemnity Agre~ement and Assignment in the form attached and approved by the. City Attorney upon payment to the City of the agreed settlement of $?,800.00, 2. That except as herein suppleme.nted, said Resolution No. llSA enacted October 2?th, 1988, shall remaxn in full force and effect. PASSED AND ADOPTED in Regular Session this 24th day of Novem- ber, 1958. On motion of Commiss$oner Talbot and~ seconded by C~ssioner Warren, the Council unanimously approved adoption of Resolution No. 1188 on this first and final reading. On motion of Commissioner Talbot and seconded by Commissioner Warren, the Council authorized the Cit.y Manager t.o provide for lease of a portion of Mr. John ~Va~. Ballengoolen's build~ng, located on the South 100 ft of Block 80 lyxng East of the F.E.C.Rwy., a.t a monthly rental fee of $188.00, or to seek a more suitable location and lease, for the ~urpose of providing ample office space for the Planning & Zoning Board and for other uses which the Council might determine necessary. City Manager Lawson informed the Council of the coming "Building Code Forum", Being presented by The Broward Builders' Exchange, and to be held on December 4th, from Ii:SO A.M. to 5:00 P.M., at the Governor's Club Hotel. Broward Builders Exchange has scheduled the creators of the 'South Florida Building Code'. as principal speakers, and in letter dated November 18th, 1988, extending the following in- vitation: EXCEP~PT from LETTER "Perhaps you gentlemen (Delray Beach Council) would also be interested in sitting in on a portion of the discussion. If so, you, as well as members of the ~nspect£on forces of the Building Department, are ~nvxted to be Buests of th.e Exchange at the luncheon and the dxscussion which follows." "A letter of invitation is being.sent to the Chief Buildinz Inspector, and reservations will be en- closed ~.or use by Building Department personnel who are privileged to attend." . "The Exchange has planned the Building Code Forum to afford a~clearer understanding of .the provi,s, ions and merits of the South Florida Buildmug Code. MEETING ADJOURNED: R. D. WORTHING APPROVED: NOVEMBW. R Z, th, 1958, 198-A RECO;~tl)ED PROCEDURE FOR THE IMPROVEMENT OF ALLEYS CITY OF DELRAY BEACF, FLORIDA ?ETITIONING: Any property holdera or group of property holders ~e~resenting more than 50% of the total front footage of the improvement in question, may petition, automatically receive approval for the opening of any alley way within the City Limits, providing only as follows: LENGTH: The minimum lenth of alley-way to be considered under'one petition, shall be that distance required to connect two established city streets, except that in cases where a portion of such alley has previously been improved, if said portion is in conformity with the provisions of this document, and is pronounced satisfactory by the Director of Public Works, such portion need not be considered either in petitioning or in assessment. LINE AND GRADE: The centerline and grade of the alley will be estab~ishe~ by the Director of Public Works. If practi- cable, the centerline shall coincide with the centerline of the provided right-of-way. SECTION: The paved portion of the alley shall have a mini- mum'~fL~th of 16 feet, provided that at certain locations where there is not sufficient right-of-way,'the Director of Public ~orks may authorize a narrower width. Where a crowned section is specified, a center crown of 1~ inches shall be provided, with the pavement sloping away evenly on either side at the uniform rate of 3/16 of an inch per foot. In commercial districts where an inverted crown is necessary for center drainage, the depression at the centerline shall be 3 inches, with the pavement sloping upward evenly on either side at a uniform rate of 3/8 of an inch per foot. The stabilized sub-grade, 8 inch base course, and 1 inch surface course shall be in accordance with the "MINY- MUM SPECIFICATIONS FOR STREET CONSTRUCTION IN THE CITY OF DELRAY BEACH", a copy of which (Exhibit 1) is attached to, and hereby made a part of this document, however, the mini- mum width of the base course shall be as.specified by the Director of Public Works. CONSTRUCTION: 1,~rk on the proposed improvements may be Perf0rm~d'e~'ther (1) by the City of Delray Beach, using City forces, equipment and materials, or (2) by a contractor under contract to the City of Delray Beach. PRIORITY: Unless the City Commission specifies to the con- t~a~'~mprovements in any given district will be made in chronological order of the dates of the petitions. FORM OF PETITION: Property owners desiring to petition for Alley i~prov~m~ts may apply to the Director of Public ~,~orks and receive a mimiographed copy of this document, including a form (Exhibit 11 attached) for presenting the petition. The correct figures, sho~ng the City,s and individuals, percentage of the cost will also be supplied by the above named officer. ~ovs~s~ ~h, 1958.