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07-08-57 195 JULY 8th, 1957. A Regular Meeting of the City Council was held in the Council Chambers in the City Hall, at 7:30 P.M., with Mayor George V. Warren in the Chair, City Manager W. E.. Lawson Jr., City Attorney Harry T. Newett, and Council Members Col. Dugal G. Campbell, R. J. Holland, Martha K. Holland, and Catherine E. Strong being present. An opening prayer was delivered by City Manager W. E. Lawson. Commissioner Campbell moved for approval of the Minutes cover- ing the Meetings of June 24th and July 5th, as corrected. Motion seconded by Commissioner Strong and unanimously carried. Concerning the Civic Center Building, recently damaged by fire, Commissioner Holland stated that he considered it unwise to repair the Building, feeling that the location was not ideal for a Youth Center as it affords no parking facilities and is also a traffic hazard in its present location. City Manager Lawson informed the Council that the Insurance Ad- justers had advised him of there being an adjustment available, in the amount of $9,366.99 if used for Repairs to the building or an adjusted amount of $8,695.79 if it is determined to construct a new Civic Center. A group of teen agers, headed by Gretchen Gringle and Lauren Warren, appeared before the Council, presenting a proposed sketch of a desired Youth Center to be located on a suitable site to be determin- ed, and, further, submitted a detailed Information Chart showing many desired facilities, and speaking for the entire Teenagers of Delray Beach, expressed keen interest in an early provision for such a Center. Commissioner Holland further stated that he favored constructiou of a new Community Center on a more favorable site, affording all fa- cilities for Youth and Adult activities and more generally termed a Utility Center, and moved that the City accept the Insurance Adjust- ment of $8,695.?9, which be ear-marked and set aside to apply thereon, and, the City Manager be authorized to expand a nominal sum to provide temporary protection from the elements relative to an inexpensive cover for the roof of the Civic Center in o~der that some use of the building may be possible if declared safe. Motion was seconded by Commissioner M. K. Holland and unanimously agreed. The City Manager read the prepared "List" of suggestions regard- ing tTeenage' recreation facilities and activities as submitted by the Teen-Age Clubs Recreation Division-Building Committee, which evidenced great interest by the Teenagers and was accepted with appreciation by the Council for consideration. Commissioner Campbell moved that a Special Committee to study and follow through on this program be created and suggested, as its members, Mayor Warren, Vice-Chairman James I. Sinks of the Planning Board, Re- creational Director Tom Boyce and a Representative of the Teenagers Club, Motion was seconded by Commissioner R. J. Holland and unanimously carried. Commissioner Strong moved that the present Civic Center Building be advertised for Sale, as is, as soon as possible and that a time limit for its removal from present location be established subject to accept- ance of offer for said building, and proceeds therefrom be ear-marked and set aside for application to construction cost of the new proposed Utility Center. Motion seconded by Commissioner M. K. Holland and unanimously carried. City Manager Lawson informed the Comncil that Shell Rocking on the frthge of West Fifth Avenue for a distance of two blocks North and South of Atlantic Avenue h~d been delayed due to lack of material but provision has now been made for this work to get under way by the end of this week. The Manager further advised that grading and l" of plant mix on N. E. 8th Street and Federal Highway would also be effected this week, as will the construction of a Sidewalk on N. W. 8th Avenue. 196 JULY 8th, 19%7. ORDINANCE NO. G-262. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY THE FOLLOWING DESCRIBED TRACT 0R PARCEL OF LAND LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THE EXISTING MUNICIPAL LIMITS OF SAID CITY OF DELHAY BEACH. SAID LANDS BEING AND CONSTITUTING THAT CERTAIN PROPOSED SUBDIVISION KNOWN AS "FOURTH SECTION, TROPIC ISLE", ACCORDING TO A PROPOSED PLAT THEREOF TO BE RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA; AND PROVIDING FOR THE ZONING AND TAXATION OF SAID LANDS. WMMREAS, the City Council of the City of Delray Beach, Florida, has determined that the hereinafter described land is contiguous to the existing municipal boundary lines of the City of Delray Beach, Palm Beach County, Florida; and WHEREAS, NORTH TROPIC ISLES, INC., a Florida Co~poration, is the sole fee simple title holder of the property described herein, and said Corporation has heretofore by its Petition for Annexation, as revised, consented and given permission for the annexation of said property by the City of Delray Beach; and WHEREAS, the City of Delray Beach, Florida, has heretofore been authorized to annex lands in accordance with its charter grant- ed it by the State of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, does hereby annex to said City the follow- ing described tract or parcel of land located in Palm Beach County, Florida, which lien contiguous to the existing boundaries of said city, to-wit; BEGINNING at the intersection of the south line of the third Section of Tropic Isle with the west line of Spanish Trail as shown on the plat of First Addition to Del-Raton Park, according to the plats thereof re- corded in Plat Book 2%, Pages 36 & 37, and Plat Book 24, Page 46, respectively, Public Records of Palm Beach Councy, Florida (for convenience the south line of said 3rd Section is ass'~med to bear East and West and all other bearings are relative thereto); thence east along the south line of said 3rd Section, a distance of 1227.20 feet to the beginning of a curve concave to the southwestI ~aving a radius of 75 feet and a central angle of 90 331 30"; thence southerly along the arc of said curve, a distance of 118.%4 feet to the end of said curve; thence S 0° 33~ 30" W. along the tangent to said curve, a distance of 14,93 feet; thence S. 89° 26' 30" E., and along the south line of Lot 431 of said 3rd Section, a distance of 12% feet to the westerly right of way line of the Intracoastal Water- way, according to the plat thereof recorded in Plat Book 17, Page 18; thence S. 0° 33t 30" W. along said westerly right of way line, a distance of ~.57 feet · to an angle point; thence S. l0° 06' 52" W along said westerly right of way line, a distance of 1627.63 feet ~ to an angle point; thence S 19° 58t 10" W. along said westerly right of way line, a distance of 1139.90 feet, more or less, to a point in the east-west Quarter Section Line of said Section 33; thence N 89° 52' 28" W. along said Quarter Section line, a distance of 989.43 feet, more oS less, to the west line of the E 1/2 of the SW 1/~ of the NW l~ of said Section 33,; thence N. 0° 0%' 59" E. along 197 said west line, a distance of 993.72 feet, more or less, to the southwest corner of the NW 1/4 of the NE 1/4 of the SW 1/4 of the NW l~ of said Section 33 as described in Deed ~ecOrded~i~-~DeedTBook.39~ Page2?8.,'.PalmBea'Ch.:C0~uty'R~co~dS;!thenC~ ~. 89° 52~ 09" E. Along the south line of said described parcel, a distance of 310.89 feet, more or less, to the east line thereof; thence N. 0° 0St 06" E. along said east line, a distance of 331.23 feet, more or less, to the north line of the S 1/2 of the NW 1/4 of said Section 33; thence N. 89° 51' 06" W. along said north line, a distance of 622.21 feet, more or less, to the west line of the E 1/2 of the SW 1/4 of the NW 1/4 of the NW 1/4 of said Section 33; thence N. 0° 03' 45" E. along said west line, a distance of 662.50 feet, more or less, to the north line of the S 1/2 of the NW 5of the NW 1/4 of said Section 33; thence S 89° 51~ E. along said north line a distance of 158.37 feet; thence North a distance of 662.06 feet, more or less, to a point in the north line of said Section 33, said Section Line being the south line of DEL-P~TON PARK according to the plat thereof recorded in Plat Book 14, Pages 9 and 10, Palm Beach County Records; thence S 89° 49' 25" E. along said Section Line,a distance of 189.32 feet, more or less, to the southeast corner of Lot 81, Block 32 of said DEL-EATON PARK; thence N. 2° 47' 53" W. along the east line of said Lot 81, and along the east line of said DEL-RATON PARK, a distance of 623.51 feet, more or less, to the south line of said 3rd Section of Tropic Isle; thence N. 87° 12t 07" E. along the south line of said 3rd Section and Along the south line of Lots 416 and 397 of said 3rd Section, a distance of 231 feet to the west line of Spanish Trail as shown on the pl~t of said 3RD SECTION of TROPIC ISLE; thence S. 2~ 47' 53" E. along said west line of Spanish Trail, a distance of 45.43 feet, more or less, to the point of beginning. The above described property includes a part of Lots 23 thru 38 of the plat re- corded in Plat Book 2, Page 69, and the south 53.43 feet of Lot 4 and all of Lots 5, 6 and 7, Block lA of the First Addition to Del-Raton Park, recorded in Plat Book 24, Page 46, Public Records of Palm Beach Coumty, Florida. SECTION 2. That the boundaries of the City of Delray Beach are hereby redefined so as to include therein the above described tract of land, and said lands are hereby declared to be in the corporate limits of the City of Delray Beach, Florida. SECTION 3. The property hereinabove described and herein annexed to the City of Delray Beach, Florida~ shall not be taxed for ad-valorem taxes in excess of an annual tax of $10.00 per residential and business lot as shown on said pro posed plat of "Fourth Section, Tropic Isle" for ten years from the date of the enactment of this ordinance. In the event, however, any such lot is sold, transferred or other- wise disposed of by North Tropic Isles, Inc., or in the event any build- ing is constructed on any lot, then such lot shall be subject to normal taxation, including the bonded indebtedness, of the City of Delray Beach, Florida. SECTION 4- The property hereinabove described and herein annexed to the City of Delray Beach, Florida, is taken into said city under the following zoning regulations and conditions; 195 JULY 8th, 19~7. (a) Residence "R-1AA" district applicable to the lots numbered 432 through 471, lots 496 thru 533, lots 535 through 548 and lots 569 through 589, inclusive; (b) Residence ~"R-2" district applicable to lots numbered 472,480 and 481, lots 493 through 495, lots 549 through 553, lots 562 through ~68, lots 590 through ~09 and lots 646 through 652, inclusive, which may be used for duplex or two-family residences; (c) Residences "R-3" district applicable to Lots numbered 4?3 through 479;, lots 482 through 492, lots 554 through 561, lots 610 through 645, lot 534 and Lots M-1 through M-? inclusive; (d) Commercial "C-l" district applicable to lots M-8 and M-9 inclusive, which may be used as follows: The uses in this district shall be exactly the same as in Residence "R-3" district except in this district motels, yachtels, yacht clubs, cabanas or cabana clubs, tennis courts, swimming pools, and any other recreational facilities; a yacht basin with customary facilities, including gas and oil fa- cilities for~marine~purposes, and including boats for hire or charter with approved docking facilities and such business incidental thereto shall also be permitted. (e) The water mains to be installed in said area by the develop- er (but not the service connections to private property) shall forth- with on olnstallation become the property of the City of Delray Beach, Florida, and said City shall furnish water to the inhabitants of said property at the same rates charged to other water consumers in the City of Delray Beach, Florida. (f) That the City of Delray Beach shall pay to Tropical Isle Development Co., one hundred per cent (100%) of the water revenues received by the city from the lands shown on the plat of Fourth Sec- tion, Tropic Isle, in accordance with !and under the limitations pro- vided in the "Petition for Annexation by the City of Delray Beach, Florida" submitted by Tropical Isles Development Co., as amended by "Amendment to Petition for Annexation by the City of Delray Beach, Florida" dated July 9, 1956; approved by the City Council by Resolut- ion No. 1018 adopted July 14, 1956. SECTION 5. That, if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on the second and final reading on this the 8th day of July, A.D., 1957. /S/ ~.e.~ge V.. Warren Mayor (SEAL) ATTEST: R.D.. Worthing .._ City Clerk 1st Reading June 24th, 1957 2nd Reading July lth, 1957. Commissioner R. J. Holland moved that Ordinance No. G-262, be passed and adopted on this second and final reading. Motion was seconded by Commissioner M. K. Holland and upon Call of Roll - Com- missioners R. J. Holland, M. K. Holland, Catherine E. Strong and Mayor Wa rren voted in favor thereof with Commissioner Campbell ab- staining. JULY 8th, 1957. Mr. Henry J. Mellon informed the Council that he and William H. Grimditch Jr., had reviewed Ordinance No. G-262, prior to this second and final reading, and considered any variations therein from terms and conditions as outlined in their original and more particularly their "Revised Petition for Annexation" dated June lSth, 1957, of a minor nature and had no objections to such variations or changes ap- pearing in said Ordinance. The City Manager then read ORDINANCE NO. G~263. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THE EXISTING MUNICIPAL LIMITS OF SAID CITY OF DELRAY BEACH. SAID LANDS BEING AND CON- STITUTING THAT CERTAIN PROPOSED SUBDIVISION KNOWN AS "TROPIC ISLE HARBOR SHOPPING CENTER, ACCORDING TO A PROPOSED PLAT THEREOF TO BE RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA: AND PROVIDING FOR THE ZONING AND TAXATION OF SAID LANDS. The City Manager informed the Council that the Planning Board's Report of June 2?th, concerning ~ Tropic Isle Harbor Shopping Center' reflected the Board having checked the plat for streets, alley, lot sizes and parking areas and recommended its approval preliminary to annexation. Commissioner Strong moved that Ordinance No. G-263 be placed on first reading. Motion seconded by Commissioner R. J. Holland and upon Call of Roll - Commissioners C. E. Strong, R. J. Holland, M. K. Hol- land and Mayor Warren voted in favor thereof, Commissioner Campbell abstaining. Mayor Warren referred to a large tract of land between South 12th Str., and ~Hidden Valley' being developed by Henry J. Mellon and associates, with an indicated ultimate development of approximately 3300 home sites, which the Mayor believes to be very desirable as an annexed area. However, Mr. Mellon informed the Council that such annexmtion is not desired by he and his associates, at this time, it being their present intention to develop and operate the public u- tilities within said subdivision, at least as far as water and sewer- age is concerned. City Manager Lawson then read ORDINANCE. NO. G.-2_~. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO THE FIRE DEPART~IT, FIRE PREVENTION AND FiRE REGULATIONS IN SAID CITY: AMENDING SECTION 14-1 OF THE CODE OF ORDINANCES OF SAID CITY BY PROVID- ING FOR ADOPTION OF THE 1956 EDITION OF THE FIRE PREV~TION CODE RECOMMENDED BY THE NATIONAL BOARD OF FIRE UNDER~RITERS. Commissioner Campbell moved that Ordinance No. G-264 be placed ~on first reading. Motion seconded by Commissioner Strong and unani- mously agreed. Resolution No. 1056, passed and adopted on June 24th, 19~7, provided for a public hearing during this meeting held on July 8th, said Resolution having indicated the determination of the City Council to effect a Drainage Improvement installation on N. E. 2nd Street and northward therefrom on 3rd Avenue for a distance of two blocks. JULY 8th, 19~7. During the discussinn which followed, many objections to certain phases of the proposed improvement were offered by the following own- ers of properties in the general area affected; Messrs. Howard C. ~narton, William H. Deadrick Jr., 0. T. Thames, Harry P. Brock and Aaron Smock, the main objections being the area determined as the Drain Field or benefitted area, and the proposed assessment of a percentage of the total cost. Mr. Harry P. Brock further requested that the objections and com- ment as presented at the meeting held on June 24th, and reflected in the minutes of said meeting, be incorporated herein, same being as follows; 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. 10~7, and cited a few cases alleged to be similar in character to this improve- ment 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 M-anager 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 engineering 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 Commissioners and City Hall employees, it is known that no such im- provemtnt 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 exceeded the benefits to the properti~s~and ~as, therefore, unfair. Many objections to the proposed assessment for such improvement were offered by various property owners affected and referred to in the foregoing, and Att~y, King presented a "Petition" of several abutting property owners and on their behalf protested any assess- ment for the proposed improvements. Mr. John Booth further inquired if it were morally right to consider assessment of a re-construction when made necessary by negledt and lack of maintenance and has not this drainage program been considered for many years. The City Attorney warned against any statement being made in- dicating that payment of an assessment levy would not be expected. The attorney further stated a determined drain field area is a question of fact. City Attorney Newett, however, informed the 0ouncil that the Charter does not state nor provide that there will not be an add- itional assessment against properties benefitted by improvements, and that the exclusion of any benefitted properties would result in discrimination. Commissioner Campbell suggested that all of the proposed im- provements for N. E. 2nd Street be tabled for further consideration. Mr. Aaron Smock stated that the affected property owners had not implied that they opposed the improvements but objected to being assessed for costs thereof. Commissioner R. J. Holland moved that the improvement program~ be tabled until information and opinion, requested by the City At- torney, is received from the Attorney General~s office, and for fur- ther discussion and consideration cencerning determination of proper drain field. Motion seconded by Commissioner M. K. Holland and upon Call of Roll - Commissioners R. J. Holland, M. K. Holland, C. E. Strong and Mayor Warren voted in favor thereof, Commissioner Campbell abstaining. 201 juLY 8th, 19 ?. City Manager Lawson then read RESOLUTION NO. 10~3.. A RESOLUTION OF THE CITY COUNCIL ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY: SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY tN AN AMOUNT AS SHOWN BY RE- PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach, Florida, did, in regular session held on September 27th, 1955 enact Resolution No. 987, and on August 27th, 1956 enact Resolution No. 1022, declar- ing the existence of a nuisance upon certain lots or parcels of land therein described for violation of the provisions of Ordinance G- 147; and WHEREAS, ptmsuant to said Resolutions, the City Clerk of said City did furnish each of the owners of the lands therein described with a notice that the City Council would sit on November 22nd, 1955 at 2;30 o~clock P.M. at the City Hall in Delray Beach, Florida, for t~e Purpose of allowing the owners shown in Resolution No. 987, and on September 24th, 19%6 at 4:00 o'clock P.M. at the City Hall in Delray Beach, Florida, for the purpose of allowing the owners shown in Resolution No. 1022, to show cause, if any, why said nuisances described in said resolutions should not be abated; and WHEREAS, pursuant to said notices, the City Council of said City did sit on November 22nd, 1955 at 2:30 olclock P. M., and on September 24th, 1956, at 4:00 o'clock P.M., at the City Hall in Delray Beach, Florida, for the purpose aforesaid, and said owners of the lands having failed to show cause why the nuisance described in the aforesaid resolutions should not be abated, the said City Council did, on the scheduled hearing dates as provided and shown herein, resolve that a nuisance existed on the lots or parcels there- in described for violation of the Ordinance G-147 as aforesaid, and further resolved that each of the owners described in said resolutions be notified and required to abate the nuisance within thirty (30) days from the receipt of a copy of such resolution, otherwise, in default thereof, said owners were notified that the City of Delray Beach would enter upon said lands and abate the nuisance described and specified in said resolution and would levy the cost of such work as an assess- ment against the property therein described; and WHEREAS, purmuant to such resolution; the City Clerk of said City did furnish each of the respective owners of the lands described in said resolutions with an appropriate copy thereof, namely, Reso- lution No. 989 and Resolution No. 1026 and the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respective lands within the time prescribed by said resolution and Ordinance G-l~7, and the City of Delray Beach, Florida, was required to and did enter upon the following lands and incur costs in abating the nuisance existing thereon as described in the aforesaid reso- lutions; and WHEREAS, the City Manager of the City of Delray Beach, Florida, has, pursuant to said Ordinance G-147 and the City Charter submitted to the City Co~mucil a report of the costs incurred in abating the nuisances as aforesaid, said report indicating the costs per parcel of land involved. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: 202 JULY 8th, 1957. 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, Florida, involving said cityls cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached and made a part hereof, are levied against the parcels of land described on said report and in the amounts indi- cated thereon. Said assessments so levied shall be a lien from the date the assessment becomes effective upon the respective lots and parcels of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and fore61osure as city taxes are collectible. 2. That the City Clerk of said City shall record a certified copy of this resolution in the office of the clerk of the Circuit Court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and upon said report, a notice that the City Council of the City of De]ray Beach, Florida, will sit as a Board of Equalization at the City Hall in Delray Beach, Florida, on the 12th day of August, A.D. 1957, at 7:30 o'clock P.M., to hear and consider any and all complaints as to the assessments shown here- in and the said City Council shall adjust and equalize the same on a basis of justice and right and when so equalized and approved, such assessments shall stand confirmed and remain legal, valid and binding obligations upon the property against which said assessments are levied; such assessments after equalization adjustment and hearing shall draw interest at the rate of 6% per annum until fully paid. 3. After equalization and upon approval of such assessments, the same shall be forthwith payable together with any interest there- on accrued. PASSED AND ADOPTED at regular session on the 8th day of July, A.D., 1957. George V. Wa rren MAYOR (SEAL) ATTEST: City Clerk ,COST OF ABATING ,NUISANCE ,UNDER , ....... ,, ORDINANCE,, ., NO., G-I/l?. Descriptio~ 0w~.e.r Assessment Lot Block S/D. i D The Village F.V. & Margaret P. MacFarlane $ 400.00 P. 0. Box 852 Delray Beach, Florida 2 D The Village F. ~. & Margaret P. MacFarlane 350.00 P. O. Box 852 Delray Beach, Florida 7 K The Village Joan L. Hicks; Frederick 350.00 Ludington; Lynn L. Woehle & George W. Barber, Jr. P. 0. Box 207 Ozark, Alabama 203 Description 0w~.er Assessment. ~ot Block S/O. 5 M The ~illage F.V. & Margaret P. MacFarlane $ 600.00 P. 0. Box 852 Delray Beach, Florida .Irregular lot in the N.E. Helen Kraus Webb 150.00 co~ner of Ocean Beach Lot P. 0. Box 1065 26, commencing at the NE Delray Beach, Florida corner of lot 26, then SW along west line of Ocean Blvd. 78.82', then W then North to North line of said lot then East to P.0.B. less a 15' wide R/W along the North line. 16 Ocean Breeze Frederick C. & Esther Muddiman 450.00 Estates c/o First National Bank Hollywood, Florida 1,2, & 3, Vista Del Mar. Arthur A. & Grace B. Reeves 100.00 14 S.W. 2nd Street,P.0.Box 918 Delray Beach, Florida 8 & S 5.5' 0cean Beach Frederick C. & Esther Muddim~n 500.00 of Lot 7, Lots c/o First National Bank Hollywood, Florida W 200' of Ocean Beach Vivian Johnson 350.00 N 60' of S Lots 222 Gleason Street 65.5' of Delray Beach, Florida Lot 7, 3 Seaspray Beatrice S. Ritter ?~.00 Estates 321 Grey Park Avenue Amsterdam, N. Y. $3,325.0o Commissioner Strong moved that Resolution No. 1063 be passed and adopted on first and final reading. Motion seconded by Commissioner R. J. Holland and unanimously carried. The City Manager submitted the Report from the Planning Board, dated June 27th, concerning request of Richardson Rug Cleaners for permit to enlarge their plant. Commissioner Strong moved that this request be referred back to the Planning Board for further consideration relative to a possible hardship case. Motion seconded by Commissioner M. K. Holland and un- animously agreed. City Manager Lawson read the Report of the Planning Board, dated June 27th, 1957, wherein the Board recommended Denial of any permit granting a proposed Nursery School on the Northwest Corner of N. W. llth Street and Swinton Avenue, previously requested by Mr. & Mrs. Hill, purchasers of the property. Said recommendation being due to the over-whelming number of objectors, as well as the location traffic- wise. Commissioner Campbell moved, in acceptance of the Planning Board's recommendation, that the request of Mr. & Mrs. Hubert A. Hill be denied. Motion seconded by Commissioner R. J. Holland and unanimously carried. The City Manager presented Bills for approval, in the amount of $10,585.49, and Commissioner Strong moved that same be paid subject to the approval of the Finance Committee. Motion seconded by Com- missioner R. J. Holland and unanimously carried. JULY 8th, 19~?. City Manager Lawson presented the recommendation of the Plan- ning Board, dated June 2?th, wherein said Board recommended appoint- ~ment of Mr. Paul S. Knowles to the Planning Board. Commissioner R. J. Holland moved that Paul S. Knowles be ap- pointed to Planning Board Membership for a four (4) year period, as recommended by the Planning Board. Motion seconded by Commissioner Strong and unanimously carried. The City Manager submitted the Bill of Elliott Gross & As- sociates, in the amount of $~0.00, for Services rendered, as author- ized by the preceding Council for the Survey and Established Bound- ary Lines of the Golf Course, and explained that delay in completion was due to extreme difficulty experienced by the Surveyors in estab- lishing said boundary lines as no previous markers had been provided. Commissioner Strong moved that the Bill be paid, same being for Services rendered as set forth above, and previously authorized. Motion seconded by Commissioner R. J. Holland and unanimously carried. Mayor Warren referred to the previous request of the present Council that the City Attorney prepare an Ordinance creating Controls for the operational funcitions of Art Galleries, Auctions and Auc- tioneers. The City Attorney presented such an Ordinance, only having been able to complete same this day. City Manager Lawson read ORDINANCE NO. G-266~. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REGULATING AUCTIONS AND AUCTIONEERS: REQUIRING PERSONS CONDUCTING AUCTIONS TO OBTAIN A LICENSE: AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PRO- VISIONS. Commissioner Strong moved that Ordinance No. G-266 be placed on first reading. Motion seconded by Commissioner R. J. Holland and unanimously agreed. The City Manager informed the Council that he and Mrs. Marshall DeWitt had conferred at length today on a Be a~tification Program and the possibility of establishing a "Plant and Nursery Bank" on City owned land in the general area of the Water Plant,whereby a supply of Shrubs and Nursery Stock might be created to be made available for beautification programs within the City. Mayor Warren and Commissioner Campbell i~nformed the Council that they had conferred with the local Banks and found them most co-operative, not only offering to handle the proceeds from the proposed Sale of Water Revenue Certificates, but to pay 2% interest on reserve balances thereof. City Manager Lawson read a letter from the Chamber of Commerce concerning the Chamber's Budget request for the coming fiscal year, amounting to the sum of $18,1~0.00. Commissioner Campbell stated that, due to anticipated Council Members being absent due to vacations, it is important to consider this matter at this time, and following discussion relative thereto, moved that the Chamber's letter be acknowledged and that the City Council regretfully express its immediate need of all available funds for local improvements, due to which it is deemed necessary to reduce the appropriation to $~,000. with the hope that the Chamber extend its own efforts to provide additional funds, for operational needs, rather than seek taxpayers monies through a City contribution. Motion seconded by Commissioner Strong and upon Call of Roll - Commissioners Campbell, C. E. Strong, R. J. Holland and M. K. Holland voted in favor thereof, Mayor Warren being opposed. JULY 8th, 1957. Mayor Warren read RESOL. UTI.0N' K0... 1.06~. RESOLUTION WHEREAS, the City of Delray Beach is the owner of a parcel of land in Palm Beach County, Florida, described as; Lot 14, Block A, Palm Beach Shore Acres, according to plat thereof on file in the office of the Clerk of the Circuit Court of Palm Beach County, Florida, recorded in Plat Book 7; page 15; SUBJECT to right- of-way of State Road AIA and Ocean Boulevard, which property has been utilized by the City of Delray Beach for public park and recreational purposes for a period in ex- cess of two years prior hereto; and WHEREAS, on June 24, 1957, it was determined that ann improvements proposed or contemplated would be deferred. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida; 1. That in accordance with the action heretofore taken June 24, 1957, no building or improvement will be erected upon the above described property until final determination of Chancery Case No. 37,375-D, now pending in the Circuit Court of Palm Beach County, Florida. 2. That a certified copy of this resolution be filed in said Chancery Case No. 37,375-D. PASSED AND ADOPTED this 8th day of July, A.D., 1957. /S/. George V. Warren_ Mayor (SEAT,) ATTEST: , /,S/, R. D,.,,, Worthing City Clerk Commissioner Campbell moved that Resolution No. 1064 be passed and adgpted on this first and final reading. Motion seconded by Com- missioner Strong and unanimously carried. Commissioner R. J. Holland moved that the City Manager be re- quested to provide for FREE PARKING throughout the City, without ex- ception, tagging all meters and removing the Bags now covering many meters which cause condensation to accrue within, which could result in errosion of the mechanisms, as recommended by the Chief of Police. Motion seconded by Commissioner Strong and upon Call of Roll - Com- missioners R. J. Holland, M. K. Holland, C. E. Strong and Ma~or Warren voted in favor thereof, Commissioner Campbell being opposed. City Manager Lawson read a letter, dated July 5th, 1957, from The Beach Taxpayers League, wherein was quoted a telegram from one of its Members, namely Rolla D. Campbell, expressing grave concern over a recent news item evidencing the Cityls intent to Sell the Golf Course. "The Honorable Mayor and City Commission, Delray Beach, Florida JULY 8th, 19%7. Honorable Mayor and Commissioners:- One of our members, Rolla D. Campbell, wired as follows: "Am greatly disturbed by news that City Council is planning to sell municipally owned golf course to raise money for other improvements. The municipally owned course is great attraction to people who come to Delray Beach. Sale of course is bound to increase cost of play- ing golf, particularly to couples. I would appreciate your advising City Council that, as new property owners in Delray Beach, I request the Council not to sell the Course. ~ /S/ Rolla D. Campbell Please place this objection on File. I feel that it typifies the attitude of many who feel that our golf course is an asset to be carefully guarded. Very Respectfully yours /S/ John Alden Thayer, Pres. The Beach Taxpayers League" The City Manager submitted an Assessment Roll for Opening, Grading and Paving that part of Southeast Fifth Street, Easterly from the East Right-of-way Line of U.S. l, (Federal Highway) a distance of three hundred and seven (307) feet, to a width of twenty-two (22) feet. Commissioner Campbell moved that said Assessment Roll, for Opening, Grading and Paving that part of S. E. %th Street, describ- in the preceding paragraph, as submitted by the City Manager , be approved. Motion was seconded by Commissioner R. J. Holland and unanimously agreed. Meeting adjourned. , /si ort ,i g,, City Clerk APPROVED: MAYOR