06-24-57 179
JUNE 24th, 1957.
A Regular Heeting of the City Council was held in the Council
Chambers in the City Hall, at 7:30 P.M., with Vice-Hayor R. J. Holland
in the Chair, City Hanager W. E. Lawson Jr., City Attorney Harry
Newett, and Commissioners Col. Dugal G. Campbell, Hartha K. Holland and
Catherine E. Strong being present.
An opening prayer was delivered by Chaplain Hayes.
Commissioner Campbell moved for approval of the Hinutes covering
the Council Heetings of June 10th and 17th, 1957. Hotion seconded by
Commissioner Strong and unanimously Carried.
City Hanager W. E. Lawson Jr., informed the Council of having re-
ceived a report f~om Mr. Ben F. O'Neal, sanitary and chemical engineer
of West Palm Beach, wherein Hr. 0'Neal advised of having used all bac-
teriological information availabl~ in the Florida State Board of Health
files for the yesr of 1957, the a0~lication of which resulted in the
followin~ "Opinion" being expressed by the engineer; "Ail samples yield-
ed satisfactory results and it is my conclusion that the bacteriological
quality of the Delray Beach water supply is excellent, and the complete
report is on file in the City Hana2er's office."
The City Manager submitted plans for sanitation facilities on the
public beach property in PaLm Beach Shore Acres, including a design for
bathhouse with toilet provisions, as well as plans for sewage disposal
facilities for the bathhouse which would conform to the State Sanitary
Code, with estimated cost of construction.
Cormuissioner Strong moved for acceptance of the plans as submitt-
ed by the City Manager, same to be held in his office ;until further con-
sideration 'by the council, no action to be taken until such time as
matters now pending before the County Comuission and the courts be de-
cided. Motion seconded by Coramissioner M. K. Holland and unanimously
agreed.
City Manager Lawson read 0RDINANCE. N0.G-262.
AN ORDINANCE OF THE CITY COUNCIL, ANNEXING
TO THE CITY OF DELRAY BEACH THE FOLLOWING
DESCRIBED TRACT OR PARCEL OF LAND LOCATED
IN PAL~ BEACH COUNTY, FLORIDA, AND LYING
CONTIGUOUS TO THE EXISTING MUNICIPAL LIMITS
OF SAID CITY OF DELRAY BEACH. SAID LANDS
BEING AND CONSTITUTING THAT CERTAIN PROPOSED
SUBDIVISION KNOWN AS "FOURTH SECTION, TROPIC
ISLE", ACCORDING TO A PROPOSED PLAT THEREOF
BE RECORDED IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA: AND PROVIDIMG FOR THE ZONING AND TAX-
ATION OF SAID LANDS.
Corm~tssioner Strong moved that ordinance No. G-282 be placed on
first reading, Motion seconded by Commissioner M. K. Holland and upon
Call ~of Roll - Cozmnissioners Strong and M. K. Holland together with
Vice-M~ R. J. Holland voted in favor thereof, Commissioner Campbell
being opposed.
The City Manager read a letter from Milton-Myers Post No. 6~, in
reply to Recreational Director To~ Boyce's inquiry relative to use of
the Little League Ball Field for playground purposes, wherein the Am-
erican Legion Commander, Mr. Daniel M. Hazard, advised that due to pro-
grams already provided for, and requirements of g~o~nd and maintenance
personnel for maintaining the grounds, Post No. 6~ regrets being unable
to offer the usage of said Little League facilities at this time, fur-
ther stating that future plans for the usage of the property entail the
development of a public playground.
City Manager Lawson read a letter from Att~y. Neil MacMillan,
dated June 21st, 19~?, concerning Setback on Lots 2 and ~, Block l,
180
a4th, 1957.
Ocean Park, owned by Louis D. Tenerelli, as well as phostatic copies
of prior Minutes and letters indicating contract entered into with Mrs.
Grace Weir relative to provisions for setback on said Lots with respect
to an established Brockway Line as the west boundary line of Ocean Blvd.
City Attorney Harry T. Newett, replying to inquiry from Commission-
er Campbell, informed the Council that from a study of minutes covering
prior Council meetings with respect to thispa~ticular issue, as~well as
a letter from M~. C. Y. Byrd, of Byrd & Whitley, dated Nov. 12, 19~?, and
notation of Mr. Edmonds pertaining to Resolution No. 6~0, dated Dec. 5th,
1947, (Mr. Edmonds being~ at that time, City Manager), there appea~s to
be a Contract having been entered into by the then City Council and Mrs.
Edith Slane, whereby the City Council's setback deviation allowance, re-
ferred to in the Minutes of a Council meeting held on December l~th,
1950, did constitute partial consideration for the conveyance by Mrs.
Slane to the City of Delray Beach of any and all land lying east of the
"Brockway Line"; that thereby subsequent ordinances varying the terms
are inapplicable for the reason they impair said contract.
Co~mnissioner Strong moved that if request for permit to build to
the Brockway Line on Sots 2 and 3, in Block I of Ocean Park, is received,
that, in view of the findings by, and opinion of, the City Attorney, the
City Manager be instructed to authorize the Building Inspector to issue
such permit, subject to full compliance with the Zoning Ordinances of the
City of Delray Beach, with specific recognition of, and without deviation
from, the Section thereof governing Parking Lot Provision. Motion was
seconded by Commissioner M. K. Holland and upon Call of Roll - Commiss-
ioners~Strong and M. K. Holland together with Vice-Mayor R~ Jo Holland
voted in favor thereof, Commissioner Campbell being opposed.
City Manager Lawson read Res.01utio.~..No,.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ORDERING
THE INSTA LLATION OF STORM DRAINS ON THAT
PART OF NORTHEAST SECOND STREET LYING BE-
TWEEN SWINTON AVENUE AND THE INTRACOASTAL
WATERWAY, ALSO THAT PART OF NORTHEAST THIRD
AVENUE LYING BETWE~ SECOND AND FOURTH STREETS,
TOGETHER WiTH NECESSARY CATCH BASINS AND MAN-
HOLES IN CONJUNCTION WITH SUCH STORMDRAINS.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did, on the l?th day of June, 19~?, by Resolution No. 10~3, order the
City Manager to prepare plans and specifications for certain storm
drains, and an estimate of the cost of such improvement to be placed
on file in the Office of the City Manager,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, that it is determined to make the following
described improvement, to-wit;
Installation of Storm Sewer Drains on that
part of Northeast Second Street lying be-
tween Swinton Avenue and the Intracoastal
Waterway; also such Installation of Storm
Sewer Drains on that part of Northeast 3rd
Avenue lying between Northeast Second and
Fourth Streets together with necessary
Catch Basins and Man-Holes in conjunction
with such Storm Drains, the total estima%ed
cost of which improvement is $?7,9?0.00.
BE IT FUR~ER 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 thirty (30) per cent of
the cost of said improvement, and the property owners of said
tiee shown below, paying seventy (70) per cent of the total cost;
181
JUNE 24th, 1957.
BL,0,CK or SUBDI, VtSION PRSPE, RTY DESCRIPTION SQUARE FOOTAGE
67 Lot l, 10,021 Ft.
" " 2, 10,021
" "9 & N 26.5' of Lot 10, 13,493
" S 50' of Lot 10, 6,550
75 Lot 1 & N 41' of Lot 2, 15,862
" S 35.5' of Lot 2, 4,792
" Lot 9 & N 51' of Lot 10, 17,212
" S 25.5' of Lot 10, 3,]I~!2
83 Lot I & N 18.5' of Lot 2, 12,125
" S 20' of N 38.5t of Lot 2, 2,700
" N 18.8' of S 38' of Lot 2, 2,538
" S 19.2' of Lot 2, 2,592
" Lots 9 & 10, 20,655
91, West of Ha ilway N 153' 6,885
19,884
SEESTEDT STEVENS Lot l,
" " N 120.51' of Lot 2, 6,508
" " N 120.51' of Lot 3, 6,508
" " N 120.51' of Lot 4, 6,508
" " N 120.51' of Lot 5, and the
N 120.51' of W 46' of Lot 6, 12.051
" " N 120.51' of E8' of Lot 6 &
N 120.51' of Lot 7, 7,472
" " N 120.511 of Lot 8, 6,508
Block 130 Lot 6, 17,150
" Lot 5, 18,636
" W~150.64' of Lot 4, 10,064
" E~ of Lot 4, 10,06~
" ~W~ of Lot 3, 10,800
" E~ of Lot 3, 10,800
" S 100' of Lot 2, ll,600
" N ll2' of Lots I & 2, 27,685
" S 100' of Lot l, ll,800
WELLBROCK S/D. Lots I thru 6, Inc., 80,393
" Lots 7, 8, 9, l0 and 12, 57,681
" Lot 11, 9,787
Block 122 E 75' of N 110', 8,250
" W 70' of E 145' of N 110', 7,700
" W 70' of E 215' of N 110', 7,700
" W 71' of N 110', 7,810
Block 114 Lots 1 & 2, 16,524
" Lot 3 8,262
" E'ots ~L & 5, 16,524
" Lot 6, 8.262
" "7, 9 · 262
" "8, 8,262
" Lots 9 & 10, 16,52~
" Lots ll & 12, 16,524
" Lot 13, 8,262
" Lot 14, 8,262
" Lot 15, 8,262
" Lot 16, 8,262
" Lot 17 & N 15' of Lot 18, 10,287
" S 46.2' of Lot 18, & N 30' of
Lot 19, 10,287
" S 31.2' of Lot 19 & all of Lot 20, 12,474
Block 106 Lot l, 8,262
" Lot 2, 8,262
182
JUNE 24th, 1957.
BLOCK or SUBDIVISION PROPEHTY DESCRIPTION SQ,UARE FOOTAGE
Block 106, Lot 3, 8,262 Ft.
" Lot 4, 8,262
" Lot 5, 8,262
" Lot 6, 8,262
" L~t 7, 8,262
" Lot 8, 8,262
" Lot 9, 8,262
" Lot 10, 8,262
" Lot 11, 8,262
" Lot 12, 8,262
" Lot 13, 8,262
" Lot 14, 8,262
" Lot 15 8,262
" Lot 16, 8,262
" Lot 17, 8,262
" Lot 18, 8,262
" Lot 19, 8,262
" Lot 20, 8,262
Block 98, Lot 13, 6,667
" Lot 14 less 5.11' x 33.6' in
SW corner of lot. 6,469
" Lots 15, 16 & 17 & 5.11' x 33.6'
in SW corner of Lot 14, 15,948
" Lot 18, 5,250
" N ~ of Lot 19, 2,625
" S w of Lot 19, 2,625
" Lot 20, 5,250
" Lot 21, 5,250
" Lot 22, i'7~087
" Lot 23, 7,087
" Lot 24 & N ~ of Lot 25, 11,745
" Lot 26 & S ~ of Lot 25, 10,125
" Lot 27, 6,750
" Lot 28, 6,750
" Lot 29, 6,750
" Lot 30, 6,750
" Lots 31 & 32, 13,500
" Lot 33, 6,750
" S 100' of E 135' 13,500
Block 90,East of Railway Lot 1, 1,835
" " Lot 2, 1,915
" " Lot 3, 2,295
" " Lot 4, 2,675
" " Lot 5, 3,105
" " Lot 6, 3,535
" " Lot 7, 3,925
" " Lot 8, 4,305
" " Lot 9, 4,685
" " Lot 10, 5,070
" " Lot ll, 5' 500
" " Lot 12, 5,930
Block 90,West of Railway Lot l, 5,000
" " Lot 2, 3,917
" " Lot 3, 3,815
" " Lot 4, 3,712
" " Lot5' 3,607
" " Lot 6, 3,510
" " Lot 7, 3,410
" " Lot 8, 3,30%
" " Lot 9, 3,200
" " Lot 10, 3,1~0
" " Lot 11, 2,995
" " Lot 12, 2,895
" " Lots 13 & 14, 5,485
" " Lot 15, 2, %87
" " Lot 16, 2.485
" " Lots 17 & 18, 4,665
" " Lot 19, 2,180
JUNE 24th, 1957.
BLOCK or SUBDIVISION PROPERTY DESCRIPTION SQUARE FOOTAGE
Block 90,West of Railway Lot 20, 2,077 Ft.
" " Lot 21, l, 975
" " Lot 22, 1,872
" " Lot 23, l, 767
" " Lot 24, 2,052
Block 82, Lots I thru 12, Inc., 82,681
" Lots 13 & 14, 13,51~
" Lo.t 15, 6,7%%
" Lot 16, Lot 16, 6,75%
" Lot 17, 6,755
" Lot 18, 6,755
" Lot 19, 6,755
" Lot 20, 6,755
Lot 21, 6,75%
" Lot 22, 6,755
" Lot 23, .6,7%5
" Lot 24 less W 54.65' of N 58~ 5,206
" W 54.65' of N 58' of Lot 24, 3,170
Block 74 Lot 1, 7,426
" Lot 2 & N. 6' of Lot 3, 7,426
" S 44' of Lot 3 & N 11.5' of Lot 4, 7,359
" S38 .5' of Lot 4 & N 17' of Lot 5, 7,359
" S 33' of Lot ~ & N. 22.%' of Lot 6, 7,3%9
" S 27.5' of Lot 6 & N 28' of Lot 7, 7,359
" S 22' of Lot 7 & N 33.5' of Lot 8, 7,359
" S 16.%' of Lot 8 & N 39' of Lot 9, 7,3%9
" S ll' of Lot 9 & N 44.5' of Lot 10, 7,359
" S 5.%' of Lot l0 & all of Lot ll, 7,3%9
" Lot 12, 7,426
" Lots 13 & ~4, 14,056
" Lot 15 & S 6.3' of Lot 16, 7,46%
" N 43.9' of Lot 16 & S 12.6' of
Lot 17, 7,492
" N 37.%' of Lot 17 & S 18.9' of
Lot 18, 7,492
" N 31.3' of Lot 18 & S 25' of Lot 19, 7,465
" N 25' of Lot 19 & S 31.3' of Lot 20, 7,465
" N 18.9~' of Lot 20 & S 37.6' of Lot 21,
7,492
" N 12.4' of Lot 21 & all of Lot 22, 8,274
" Lot 23, 6,630
" Lot 24, 7,426
Block 66, Lot 1,
" Lot 2, 6,%50
" Lot 3, 6,550
" Lot 4, 6, %%0
" Lots % & 6, 13.100
" Lots 7 & 8, 13,100
" Lot 9 & N 2%' of Lot 10, 9,82%
" Lot 11 & S 25' of Lot 10, 9,825
" Lot 12 & N 2%' of Lot 13, 9,82%
" S 25' of Lot 13, all of Lot 14 &
N 25' of Lot 15, 13,!~0
" Lot 16 & S 2%' of Lot 15, 9,82%
" Lot 19, 7,500
" Lot 20, 8,350
" E ~ of S 200~ 27,100
" N %0~ of '~r-~ of S 200' 6,950
" W 100' of N 50' of S 150' 5,000
Block 65, Lots 1 & 2, 13,500
" Lots 3 & 4, $3,100
" Lot 5, 6,5~$
" Lot 6, 6,550
" Lot 7, 6,55~
184
JUNE 24th, 1957.
BLOCK or SUBDIVISION, , , PROPERTY, DBSCRIPTION, , ,SQ~,ARE, , FOOTAGE
Block 6% Lot 8, 6,550 Ft.
" Lot 9, 6,550
" Lots 10 & 11, 13,100
" Lot 12, 6,5%0
" Lots 13 & 14, 13,06%
" Lot 1%, ?,%72
" Lot 16, 6,%50
" Lot 17, 6,%50
" Lot 18, 6,550
" Lot 19, 6,%%0
" Lot 20, 6,550
" Lot 21 & N 25' of Lot 22, 9,82%
"- Lot 23 & S 25~ of Lot 22, 9,125
" Lot 2-4, 6,550
" Lot 25, 6,550
" Lot 26, 6,%%0
" Lot 27, 6,550
" Lot 28, 6,550
Block 73, Lot 1, 8,424
" Lot 2, 7,691
" Lot 3, 7,691
" ~ot 4, 7,691
" Lot%' 7,691
" Lot 6, 7,691
" Lot 7, 7,691
" Lot8' 7,691
" Lot 9, 7,691
" Lot 10, 7,691
" Lot 11, 7,691
" Lot 12, 8,424
" Lot 13, 8,504
" Lot 14, 7,691
" Lot 1%, 7,691
" Lot 16, 7,691
" Lot 17, 7,691
" Lot 18, 7,691
" Lot 19, 7,691
" Lot 20, 7,691
" Lot 21, 7,691
" Lot 22, 7,691
" Lot 23, 7,691
" Lot 24, 8,505
Block 81, Lots i & 2, 14,067
" Lot 3, 6,7%0
" Lot 4, 6,750
" Lot %, 6,750
" Lots 6 & 7, 13,500
" Lot 8, 6,75%
" Lot 9, 6,755
" Lot 10, 6,755
" Lot 1!, 6,755
" Lot 12, 6,755
" Lot 13, 6,755
" Lot 14, 7,322
" Lots 15 & 16, 14,158
" Lot 17, 6,755
" Lot 18, 6,755
" Lot 19, 6,755
" LOt 20 & S ~ of Lot 21, 10,132
" Lot 22 & N ~ of Lot 21, 10,132
" Lot 23, 6,755
" Lot 2-4-, 6,755
" Lot 25, 6,755
" Lot 26, 6,755
" Lot 27, 6,755
" Lot 28, 7,403
JUNE 24th, 1957.
BLOC~ or,, S,U~,DIVISION pROPERTY DESCRIPTIOE SQUARE FOOTAG~
Block 89, Lot l, 2,848 Ft.
" Lot 2, 2,839
" Lot 3, 2,831
" Lots 4 & 5, 5,628
" Lot 6, 2,814
" Lot 7, 2,806
" Lot 8, 2,789
" Lot 9, 2,772
" Lot 10, 2,764
" Lot ll, 2,755
" Lot 12, 2,747
" Lot 13, 2,730
" Lot 14, 2,722
" Lot 15, 2,713
" Lots 16 & 17, 5,130
" Lot l~, 8,680
" Lots 19, & 20, 9,680
" Lot 21, 4,680
" Lot 22, 4,575
" Lot 23, 4,470
,, Lot 24, 4,365
,, Lot 25, 4,257
" Lot 26, 4,152
,, Lot 27, 4,0 7
" Lot 28, 3,942
" Lot 29, 3,837
" Lot 30, 3,730
" Lot 31, 3,625
" Lot 32, 3,520
,, Lot 33, 3,415
" Lot ~k. 3,310
" Lot~] 3,205
" Lot 36, 3,097
" Lot 3?, 2,992
" Lot 38, 2,887
" Lot 39, 2,782
" Lot ~: 2,677
" Lot 2,570
" Lot ~! 2,~65
" Lot 2,485
" Lot 3,805
DEL IDA PARK
Block 13, Lot l, 6,000
" Lot 2, 6,000
" Lot 3, ~',000
" Lot 4, 6,000
" Lot 5, 6,000
DEL IDA PARK
Block 7, Lot l, 6,300
" Lot 2, 6,300
" Lot 3, 6,300
" Lot 4, 6,300
" Lot2' 6,000
" Lots 6, 7, 8 & 9, 26,160
" Lot 10, 9,.~8
" Lots ll & L2 less W 10' 12'450
" Lot 13 & W l0t of Lots ll & 12, 7,200
" Lot 14, 6,000
" Lots 15, 16 & 17, 18,000
DEL IDA PARK
Block 6, Lot 1, 7,500
" Lot 2, 7,500
" Lot 3, 7,500
" Lot 4, 7,500
" Lots 5, 6 & 7, 18,000
" Lot 8, 6,000
186
JUNE 24th, 1957.
BLOCK...or ... ..SUBDIVIS!0N. PROPERTY.... DESCRIPTION. SQUARE F00TAGE
DEL IDA PARK
Block 6, Lot 9, 6,000
" Lot 10, 6,000
" Lot 11, 6,900
" Lot 12, 7,620
" Lot 13, 7,620
" Lot 14, 7,620
" Lot 15, 7,620
" Lot 16, 6,000
" Lot 17, 6,000
" Lot 18, 6,090
" Lot 19, 6,000
" Lot 20, 6,000
" Lot 21, 6,000
" Lot 22, 6,000
DEL IDA PARK
Block 5,. Lot 12, 8,928
" Lot 13, 7,000
" Lot 14 & Southwesterly 20' of Lot 15,9,800
" Northeasterly 30' of Lot 15 & South-
westerly 40' of Lot 16, 9,800
" Lot 17 & Northeasterly 10' of Lot 1~,8,691
" Lot A. 4,512
DEL IDA PAPJ~
Block 8, Lots 3 & 4, 12,6~0
" Lot 5, 6,000
" Lot 6, 6,000
" Lot 7, 6,000
" Lots 8 & 9, 12,000
" Lot 10, 8,280
" Lot ll, 8,880
said benefits to be determined within the Drain Field area in
proportion to the benefits which will accrue to said lands.
AND BE IT FURTHER RESOLVED that said special assessments
against all of the lots and lands as set forth above, which are
specially benefited, shall be and remain liens superior in dig-
nity to all other liens, except liens for taxes, until paid, from
the date of the assessment upon the respective lots and parcels
of land assessed, and which shall bear interest at the rate of
eight (8) per cent per annum, and which may be paid in three (3)
equal yearly installments with accrued interest on all deferred
payments. Payment shall be made at the smme place that taxes pay-
able to the City of Delray Beach are paid, namely, at the office
of the City Tax Collector, and upon failure of any property owner
to pay any annual installment due, or any part thereof, or any
annual interest upon deferred payments, the City of Delray Beach
may bring necessary legal proceedings by a Bill in Chancery to
enforce payment thereof with all accrued interest, together with
all legal costs incurred, including a reasonable attorney's fee.
The total amount of any lien may be paid in full at any ~i~e,
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 7:30 P.M. on
Monday, July 8th, 1957 for the purpose of hearing objections, if
any, on said proposed improvement, as set forth above.
ADOPTED by the City Council of the City of Delray Beach,
Florida, on this the twenty-fourth day of June, A.D., 1957.
/S/ R. J. Holland
(SEAL) V Ck' -'
ATTEST: /.S/ R. D. W~.rthing
o'ity C'l~rk '
187
JUNE 24th, 19J?.
Following a general discussion concerning the Drain Field area as
determined by the City Engineer and objections to proposed assessments
to the owners of properties lying within the drain field area by various
affected property owners, Commissioner Strong moved that Resolution No.
1056, which provides for a Public Hea~ing on July 8th, to consider ob-
jections, if any, to such proposed improvement, be passed and adopted.
Motion was seconded by Commissioner M. K. Holland and unanimously carried.
The City Manager then read RESOLUTI9~ NO. 10~9.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZ-
ING THE CiTY MANAGER TO PROCEED WITH THE
CONSTR~TION OF A SIDEWALK, FIVE (5) FEET
WIDE, ON THE EAST SIDE OF NORTH WEST EIGHTH
AVENUE FOR NINE HU~RED THIRTY-FOUR (934)
FEET NORTHWARD FROM A POINT SIXTY (60) FEET
NORTH OF THE CENTERLINE OF NORTH WEST SECOND
STREET.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did, on the 10th day of June, 1957, by Resolution No. 1052, determine
to proceed with the construction of a Sidewalk, five (5) feet wide, on
the East side of Northwest Eighth Avenue, for a distance of Nine Hun-
dred Thirty-Four (934) feet Northward from a point sixty (60) feet
North of the Centerline of Northwest Second Street, and
WHEREAS, the Resolution providing therefor has been duly publish-
ed as required by the City Charter, together with a notice that object-
ions to said improvem~ut would be heard, and
WHEREAS, no sufficient objections have been made to such imt~rove-
merit,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Delray Beach, Florida, that the City Manager be and he is hereby in-
structed to proceed with the construction of a Sidewalk, five (5) feet
wide, on the East Side of Northwest Eighth Avenue for a distance of nine
hundred thirty-four (934) feet Northward from a point sixty (60) feet
North of the Centerline of Northwest Second Street, according to plans
and specifications heretofore filed with the City Clerk, and a copy
thereof filed in the office of the CitykManager and kept open for the
inapection of the public.
PASSED in Regular Session on this the 24th day of June, A.D.,
1957.
/S/ R.J. Holland ' Vice-~ayor ........
(SEAL)
ATTEST:
/S/ R.D. Worthing -
Ci y 'Clerk
Commissioner Campbell moved that Resolution No. 1059 be passed
and adopted on first and final reading. Motion seconded by Commission-
er Strong and unanimously agreed.
Commissioner Campbell moved that Contract be awarded to the low
bidder in the amount of $2,062.00, for the construction of said Side-
walk on the East side of N. W. 8th Avenue, for a distance of 934 feet
northward from a point 60 feet north of the centerline of Northwest
Second Street. Motion seconded by Commissioner M. K. Holland and un-
animously carried.
188
JUNE 24th, 1957.
City Manager Lawson then referred to Resolution No. 1057, pass-
ed ~d adopted on June 10th, 1957, whichprovided for public hearing
to be held at this meeting on June 24th, 1957, for consideration of
objections, if any, to the proposed construction of five foot side-
walks and curb on the North and South sides of Northeast Second Street,
between Swinton Avenue and Federal Highway.
Att~y. King, of the law firm of Grimditch & Clark, addressed the
Council and stated that he represented at least 90% of the abutting
property owners affected by the proposed improvement all of whom pro-
tested the intended assessment as outlined in Resolution No. 1057,
and cited a few cases alleged to be similar i n character to this im-
provement having been taken to Supreme Court and ruled in favor of the _
objectors.
Mrs. Alice Brock and Mr. C. H. Lander protested the disturbance
of the apparently first class sidewalk between Swinton Avenue and N.E.
1st Avenue, on 2nd Street, and were advised by the City Manager that
this portion of N. E. 2nd Street, proposed to be improved from Swinton
Avenue to Federal Highway, is extremely high and will be lowered to
conform to elevation standards established in the over-all engineer-
ing and improvement program.
Mr. John Booth, of Fisher Lane, inquired if there had ever been
sidewalk construction improvement without assessment. Answer thereto
would require extensive review of the records, however, of the present
Cormuissioners and City Hall employees, it is known that no such im-
provement has been made since 1949. Mr. Wm. H. Deaderick and Mr.
Aaron Smock also commented on the proposed improvement, Mr. Smock ex-
pressing his belief that the portion of expense to be assessed against
the property owners exceeds the benefits to the properties and was,
therefore, unfair.
City Manager Lawson then read RE.SOLUTION..... . N0... .1060'
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO PROCEED
WITH THE CONSTRUCTION OF FIVE (5) FOOT
SIDEWALKS AND CURB ON THE NORTH AND
SOUTH SIDES OF NORTHEAST SECOND STREET,
BETWEEN SWINTON AVENUE AND FEDERAL HIGH-
WAY (U.S. 1).
WHEREAS, the City Council of the City of Delray Beach, Florida,
did, on the 10th day of June, 1957, by Resolution No. 1057, determine
to proceed with the construction of Five (5) foot Sidewalks and Curb
on the North and South sides of Northeast Second Street, between
Swinton Avenue and ~ederal Highway (U.S. l~, and
WHEREAS, the Resolution providing therefor has been duly pub-
lished as required by the City Charter, together with a notice that
objections to said improvement would be heard, and
WHEREAS, no sufficient objections have been made to such im-
provement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, that the City Manager be and he is hereby
instructed to proceed with the construction of five (5) foot Side-
walks and Curb on the North and South sides of N. E. Second Street,~
between Swinton Avenue and Federal Highway (US 1) according to plans
and specifications heretofore filed with the City Clerk, and a copy
thereof filed in the office of the City Manager and kept open for the
inspection of the public.
PASSED in Regular Session on this the 24th day of June,A.D, 1957.
/S/ R.J. Holland
Vic e-May~or:~
(SEAL~
ATTEST: /S/. R.D.W.9.~.thing
' ~ City c le rk
189
JUNE 24th, i957.
Commissioner Strong moved that Resolution No. 1060 be passed and
adopted on first and final reading. Motion seconded by Commissioner
M.~ K. Holland and unanimously agreed.
The City Manager then referred to Resolution No. 1058, passed and
adopted on June 10th, 1957, which provided for public hearing to be held
at this meeting on June 24th, 1957, for consideration of objections, if
any, to the proposed Clearing, Grading and Paving of N. E. 2nd Street
from Swinton Avenue to the Federal Highway.
Many objections to the proposed assessment for such ir~provement
were offered by various property owners affected and referred to in the
foregoing, and Attty, King presented a "Petition" of several abutting
property owners and on their behalf protested any assessment for the
proposed improvements. Mm. John Booth further inquired if it were
morally right to consider assessment of re-construction when made ne-
cessary by neglect and lack of maintenance and has not this drainage
program been considered for many years.
Commissioner Campbell inquired if possibly the property owners,
in the area, might desire the drainage improvement pnly, and not re-
ceiving any favorable comment, suggested that the entire improvement
program relating to Northeast 2nd Street be deferred until such time
as the owners of benefitted pro-perties determine its need and are
ready for its installation in the customary manner as provided in the
City Charter.
City Manager Lawson then read RESOLUTION N0.tl061.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PROCEED WITH THE CT.EAR-
ING, GRADING AND PAVING OF NORTHEAST SECOND
STREET BETWEEN SWINTON AVENUE AND FEDERAL
HIGHWAY (U.S. l) TO A MIDTH OF FORTY (40)
FEET.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did, on the 10th day of June, 1957, by Resolution No. 1058, determine
to proceed with the Clearing, Grading and Paving of Northeast Second
Street between Swinton Avenue and U. S. I (Federal Highway) to a width
of forty (40) feet, and
WHEREAS, the Resolution providing therefor has been duly publish-
ed as required by the City Charter, together with a notice that object-
ions to said improvement would be heard, and
WHEREAS, no sufficient objections have been made to such proposed
impr ov ement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Delray Beach, Florida, that the City Manager be and he is hereby in-
structed to proceed with the Clearing, Grading and Paving of Northeast
Second Street between Swinton Avenue and Federal Highway (U.S. l): to
a width of forty (40) feet, according to plans and specifications here-
tofore filed with the City Clerk, and a copy thereof filed in the of-
fice of the City Manager and kept open for the inspection of the public.
PASSED in Regular Session on this the 24th day of June, A.D.,
1957.
/.S/ .,, R. J. Hol!,and ,,
Vic e-Mayor
(SEAL~
ATTEST:
/S/ R.D. Worthing City Clerk
JUNE 2~th, i957.
Commissioner Strong moved that Resolution No. 1061 be passed
and adopted on first and final reading. Motion was seconded by
Co~mmissioner M. K. Holland and unanimously agreed.
The City Manager presented a report from the Planning Board,
dated June 24th, concerning a revision, by Mr. Yount, of the original
plat of Lake Ida Manor, Addition No. 2, approved by the Cormnission
on April 8th.
Commissioner Strong moved for approval of the revised Plat of
Lake Ida Manor ADD No. 2, as recommended by the Planning Board. Motion
was seconded by Commissioner M. K. Holland and unanimously carried.
City Manager Lawson submitted the request of Mr. Nell MacMillan,
on behalf of Mrs. Dick McMurray, for Permissive Use of Premises locat-
ed on Lot 12, Plu~osa Park, Section "A" for Private School Purposes
This request was referred to the Planning Board for said Board to
schedule a public hearing.
Commissioner Strong moved that Bills amounting to $1~,860.23 be
paid subject to the approval of the Finance Committee. Motion was
seconded by Commissioner Ca~obell and unanimously agreed.
Commissioner Strong moved for approval and payment of Mr. Ben
F. 0'Neal~s Bill, in the amount of $225.00, for services rendered in
connection with his bacteriological study and preparation of report
covering the De]ray Beach water distribution system. Motion seconded
by Commissioner M. K. Holland and unanimously agreed.
Commissioner Campbell moved for approval and payment of City
Attorney Newett's bill, dated June lSth, in the amount of $50.00
covering his services relative to the - "Ruthie Wright Campbell vs
City~of Delray Beach case of appeal taken to the Circuit Court of the
15th Judicial Circuit of Florida· in and for Palm Beach County -
case No. 15,139-B. Motion seconded by Commissioner Strong and unani-
mously carried.
Mr. Fred McNeese and Mr. B. C. Butler, Members of the Golf Com-
mission were present and expressed their approval of a previously
suggested disposal of the Golf Course but only to the extent of the
entire Course and Clubhouse, excluding approximately seventeen acres
in the southwest corner of the City owned lands in that area, as well
as the twenty-three (23) lots along Homewood Boulevard.
Att~y. Neil MacMillan expressed concern over the wisdom of dis-
posin~ of the Golf Course or any City owned lands and did not feel
that the proceeds made possible from such disposition of lands is
needed to the extent as has been indicated by the Council.
Commissioner Campbell and Commissioner Strong reminded the Atm
torney that no such disposal has been determined nor ordered, but had
merely been indicated to the Council as a possible means of obtaining
funds, considered to be necessary to the benefit and welfare of the
City of Delray Beach, by the Financial Advisory Board who had been re-
quested, by the City Council, to explore, study and report on any and
all avenues of abnormal revenue and funds for the purpose of effecting
much needed major improvements necessary for the health, welfare and
preservation of the City of Delray Beach.
Commissioner Strong moved for approval of enTploying Att'y. Robert
C. Burns as aid and legal counsel to the City Attorney concerning vari-
ous issues relating to the Public Beach in Palm Beach Shore Acres.
Motion seconded by Commissioner M. K. Holland and unanimously agreed.
Commissioner Campbell moved for approval and payment of the City
Attorney's Bill, in the amount of $25.00, for services rendered con-
cerning Court Case of the City of Delray Beach vs Charlie Wright.
Motion seconded by Commissioner Strong and unanimously carried.
City Manager Lawson informed the Commission that replacement of
all the 1000 W Street Lights with 2500 W Lights has been effected, and
installation of NEW Lights, ordered by the Council, will commence with-
in a week. Meeting adjourned.
APPROVED: ~i~-Mayo~ '' ' City Clerk