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03-16-57SpMtg 69 MARCH 16th, 1957. A Special Meeting of the City Council was held in the Council Chambers at 3:00 P.M., with Mayor George V. Warren in the Chair, City Manager W. E. Lawson Jr., and the following Commissioners - Dugal G. Campbell, Catherine E. Strong and H. J. Holland. Also present were Beach Con~uittee Members George McKay and Joe Baldwin Jr. Commissioner Holland exnressed his desire that the City take immediate action to clear and prepare the City owned 100 ft Beach Property in Palm Beach Shore Acres for Public use and further stated that, as Chairman of the Beach Conw~ittee, he was expressing the o- pinion of that Group. Commissioner Strong felt that if the City delays action on pre- paring the Beach for public use, the influences and political pressure being brought upon the County Commission at the present time might possibly result in that area abounding the City owned tract being re- zoned residential. Commissioner Campbell inquired if the Beach Committee had sub- mitted a Report in writing, as to their findings and recommendations concerning engineering and survey of rock conditions in the water at the Beach and suggested procedures for effecting satisfactory bathing facilities. Beach Committee Chairman R. J. Holland stated that no report had been submitted, in writing, but that his comment, expressed at this meeting, is that of the Committee and he would gladly submit a wrii~ten reDort if such is desired by the Commission. City Engineer Mark Fleming showed, severs1 pictures taken on the beach as well as in the water and advised that, in his opinion, there is a good satisfactory footing on the Shelf Hock which extends approxi- mately 40 feet out from shore at low tide. Mr. Fleming further stated that similar conditions and rock formations extend north from the City owned oarcel. Beach Committee Member Catherine E. Strong expressed the need for a narrow shell road to the Beach from AIA thru the City lot if parkin~ arrangements could be so arranged. Commissioner Campbell requested comment from the Beach Committee as to the possibility of the 100 ft. Beach properly prepared for public use satisfying the need for Public Beach facilities for ALL concerned in case additional land to the north, now tied up in Court procedure, is found to be unavailable either by result of Court order or possibly County re-Zoning of the area. The Commissioner further stated that if such assurance was not forthcoming from the Beach Committee he certainly would not favor spending any money to prepare the 100 ft. strip for pub- lic beach use, otherwise, he would definitely favor immediate improve- ment of Lot 14, Block "A", Palm Beach Shore Acres, to provide suitable public bathing facilities. Beach Committee Chairman Holland stated that the Committee had been assured that the public is going to make use of this Beach to the fullest extent and will be satisfied with the Beach if no additional ocean frontage in the area is found to be available or a more suitable Beach site be located elsewhere. Commissioner Camobell requested that such assurances be included in the Beach Committee*s written report. George McKay agreed that the Group of citizens that he and Joe Baldwin Jr. reoresent would go along with such an understanding and that the City would make every effort to follow thru and obtain a sufficient and suitable Beach site. Commissioner Campbell expressed the importance of not leaving this meeting with any possible condition of misunderstanding and under such an agreement as heretofore stated, the Commissioner felt that the Com- mittee should be given any further assurance of Commission co-operation that said Committee might desire. 7O HARCH 16th, 1957. Commissioner Strong moved for awarding of Contract to the low bidder for the clearing of boulders from the City owned beach site on said Lot 14, Block "A", Palm Beach Shore Acres and the establish- ment of a parking area 100 feet square, on said parcel, west of the beach, with the Contractor working closely with the City Manager and City Engineer as to the phases of procedure, with work to begin on or before Wednesday, March 20th. Motion seconded by Commissioner Holland and unanimously carried. Mr. George McKay informed the Commission off the League's de- sire to procure a fence to surround the Tennis Courts at Teen Town Center, an area 96 x 120, and to absorb the expense thereof with the understanding that the City would extend all possible engineer- ing aid as well as the assistance of the purchasing department of the City in procurement of the necessary material at the best price available, and further that the City provide for re-surfacing the Tennis Courts to make possible the holding of district tournaments. Commissioner Ca. mobell moved that the League be given authority to erect such a fence uoon its procurement, same to be done under the supervision of the City Engineer and Recreational Director, and that the City Manager take the necessary steps for re-surfacing the Tennis Courts at Teen Town Center and to dress up the area in gener- al. Motion was seconded by Commissioner Strong and unanimously carried. George McKay further inquired concerning desired lighting of the Court and general area surrounding it and was much impressed and appreciative of the gracious offer made by Commissioner Campbell to donate the flood-light system for such prupose, which he owns and is located on the Driving Range in Block 45, subject to Mr. McKay furnishing necessary labor for removing and installing the system. City Manager Lawson informed the Commission of having been officially advised that Dade-Commonwealth Mortgage Company had obtained an injunction against lloward Lee Cromer from removing any water mains leading to Jefferson Manor S/D, and that Dado-Common- wealth desires to purchase necessary pipe and fittings, from the City, for completion and installation of said water supply to said S/D, for the furnishing of water to the 10 houses under construction. The City Manager was authorized to furnish such necessary pipe and fittings at today's cost plus a reasonable handling charge with an option of Dade-Commonwealth being allowed to replace same within 60 days for credit less the handling charge. ~e City Manager read a letter of authorization, subject to terms of conditions incorporated therein and prepared by the City Attorney, to Dade-Commonwealth Title Insurance Co., granting them the opportunity of constructing off-site improvements in and upon rights-of-way of Jefferson Manor S/D., "March 13, 1957 Dado-Commonwealth Title Insurance Co. 139 N. E. 1st Street Miami, Florida Gentlemen: Pursuant to your anplication of March 12th and in accord- ance with conditions and limitations imposed by the City Commission, you are hereby authorized to construct off- site improvements in and upon rights-of-way of Jefferson Manor Subdivision on the following conditions: 1. You will not damage, connect with, remove, interfere with or use in any manner, any property now located within such rights-of-way which is not the property of Dado Commonwealth Title Insurance Co. without permission of the owner thereof. In clarification · MARCH 16th, 1957. of this, you are advised that the City of Delray Beach does not claim any title to the water mains, street construction materials and similar property until such time as the City shall and does accept such improvements for maintenance. Permission is now granted to install such off-site improvements on condition they will be constructed to city specifica- tion, and on com,letion (to be evidenced by engineer's certificate) accompanied by affidavit that the same are free and clear of liens and claims, the city will accept maintenance thereof. 2. That in the event any third person, firm or corporation asserts any claim to property now located in rights-of- way of the city, you a~ree you will protect your ri~ts, as you may be advised, by civil remedy, and will not make demand on the city to prosecute said claimant. (This is not to be construed to deny you police protection to enforce existing ordinances of the City.) 3. ~hould the city become involved in any suit or claim brought against it by third persons, firms or corporations for damages, by reason of the granting of this permit, you will indemnify and hold the city harmless therein for all costs and damages, including attorney fees. 4.This permit shall be effective upon acknowledgement and return of the enclosed copy to this office. Very truly yours, CITY OF DELKAY BF-&CH (Signed) William Eo Lawson, Jr. City Manager." The City Manager further advised that Dade-Co~monwealth Title Insurance Company had acknowledged same, the original of which, properly executed, is on file in the City Hall. The City Manager also advised of having received a request from Howard Lee Cromer for a permit to remove water mains from Northwest 13th Avenue, but said request had been forwarded, by Mr. Cromer, prior to the heretofore mentioned injunction having been issued, and there- fore will receive no consideration at this time. The City Manager was instructed to contact Mr. Scott of Smith & ~illespie and arrange for him to meet with the City Commission, in the City Hall, at 10:30 A.M., Thursday, March 21st, following a meeting with Messrs. Roberts and Smyth, concerning a proposed Natural Gas Franchise, to be held at 9:00 A. M. Commissioner Strong moved that the City Manager be authorized to obtain the necessary service for locating a leak or leaks in a Water Hain crossing the Waterway. Motion seconded by Commissioner Holland and unanimously carried. Commissioner Campbell moved that the City Manager contact the State Road I)e~artment and the Co~mty Commission toward obtaining possible relief from the undesirable water conditions at North Federal Highway and 8th Street, apparently due to lack of drainage. Motion seconded by Commissioner Strong and unanimously carried. Meeting adjourned. /s/ D. Wor in City Clerk