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08-12-57 225 AUGUST 12th, 1957. A Regular Meeting of the City Council was held in the Council Chambers in the City Hall, at ?:30 P.M., with Mayor George ¥. Warren in the Chair, City Manager W. E. Lawson Jr., Acting City Attorney Nell MacMillan, and the following Commissioners being present, R. J. Holland, Martha K. Holland and Catherine E. Strong. Commissioner Strong moved that in the absence of City Attorney Harry T. Newett, Attorney Neil E. MacMillan be appointed as Acting City Attorney for this Regular Meeting. Motion seconded by Com- missioner R. J. Holland and unanimously agreed. An opening prayer was delivered by Attorney Nell E. MacMillan. Commissioner R. J. Holland moved that the Minutes fo~ the Council Meetings of July 22nd and 30th be approved as written. Mo- tion seconded by Commissioner M. K. Holland and unanimously carried. City Manager W. E. Lawson then read Resolution No. 106~, pre- pared by the City Attorney, providing for the Sale of the City owned Golf Course: RESOLUTION NO. 1065. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING THAT THE GOLF COURSE BE OFFERED FOR SALE; FIXING THE DATE FOR SUCH SALE AND DIRECT- ING THE CLERK TO ADVERTISE THE SAME: AND PROVIDING THE TE~S AND CONDITIONS UPON WHICH SAID PROPERTY WILL BE OFFERED FOR SALE. WHEREAS, heretofore, the City Council has determined and re- solved to offer the golf course owned by the City of Delray Beach, Florida, for sale in order to obtain additional revenues to provide for the many needs of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA; 1. That all that certain property as shown on "Survey of Boundary: Municipal Golf Course for Delray Beach, Florida," pre- pared by E. Elliott Gross & Associates, dated July 5, 1957, Order No. ~60476-D, a copy of which is on file in the office of the City Manager of Delray Beach, Florida, including Lots I to 23, inclusive, GOLF¥IEW ESTATES, according to the plat thereof on file in the of- fice of the Clerk of the Circuit Court in and for Palm Beach County, Florida; together with the buildings and improvements thereon and t . ,hereto, shall be offered for sale in accordance with the require- ~ents of the City Charter and the further terms of this Resolution. 2. The property above-described shall be offered for sale at public auction at the City Hall in the City of Delray Beach, Florida, on September 23rd, 19~7, and shall be conducted by the City Clerk who shall, give notice thereof by advertisement in a newspaper of general circulation published in the City of Delray Beach, Florida, which no- tice shall be published once a week for two consecutive weeks prior to said sale, and shall contain and set forth the terms herein speci- fied and the base bid. 3. A base bid of a minimum of three-quarters of the city's assessed valuation on the above described property shall be deposited with the City Clerk by any proposed purchaser or bidder. Such de- posit may be in the form of cashier's or certified check payable to the City of Delray Beach. 4- The property above-described shall be offered for sale for cash, with intentions to award to the highest bidder; however, the City reserves the right to reject any and all bids. AUGUST 12th, 1957. 5. The following general conditions shall be applicable to the proposed sale: (a) The property will be offered free and clear of liens, claims and encumbrances, subject however to rights of ways, restrictions, and easements of record, and such other matters as a visual inspection of the property would disclose. (b) Neither abstract nor title insurance will be provided. However, any bid which may be ac- cepted by the City Council, the successful bidder shall have 60 days after such acceptance to de- termine the state of the title, and if there is any defect making title un-insurable, the ~bidder may at his option withdraw the offer. (c) The conveyance shall be by fee simple deed and bill of sale, executed in accordance with law and the requirements of City Charter. The deed shall contain the following clause: (d) "It is distinctly understood and agreed that the above property will be used by the grantee herein as a golf course and recreation area for a term of twenty-five (25) years from the date hereof; however, nothing herein contained shall mean that such grantee may not prescribe such rules and re- gulations as he may deem necessary and proper in the operation of a private golf course for non- public purposes. Provided further, however, and this conveyance is made subject to and upon the express condition that should the grantee cease to use the foregoing land for golf course and recreational purposes within 25 years from the date hereof, then in that event the title to said property shall revert to and vest in the City of Delray Beach, Florida, and its successors and assigns." (d) The City of Delray Beach, Florida is responsible for paid-up memberships not expired, and will re- fund to all such members the pro-rata portion of such memberships. The sale will be subject to all "Life Memberships" which purchaser shall honor. (e) The above-described property will be offered for sale "as is", and persons desiring to make bids upon such property shall inspect the buildings and grounds, and thoroughly investigate and inform themselves of the property involved and its condition. - (f) Any successful bidder, whose bid has been approved by the City Council, shall arrange details of clos- ing with the City Attorney. The successful bidder shall furnish check in current funds for balance and closing costs. (g) Possession shall be delivered to the successful bidder five days after closing. 6. The City Council shall meet on September 23, 19~? after such public auction is held to consider the bids submitted, and to hear objections, if any, as to the sale to the hi~hest bidder. The City may require a statement of the financial resources of any bid- der whose bid is then to be considered to meet the terms of the pro- posed sale. 22? AUGUST 12th, 1957. PASSED AND ADOPTED in Regular Session this 12th day of August, 19 ?. (SEAL) /S/ . George V. Warre.n . Mayor ATTEST: .... /S~, R.. D. Worthing ~ , , City Clerk Commissioner R. J. Holland moved that Resolution No. 106~ be passed and adopted subject to amendment of Section 5, Para. (d) to reflect that "Life Term Memberships" now current, be honored, and further subject to any and all Rs/W, Easements and Restrictions of record. Motion seconded by Commissioner Strong and unanimously carried. Discussion of plans for further development of Lake Ida Shores, as previously requested by Mr. H. L. Blits, was deferred until a later date due to the sudden illness of Mr. Blits. Commissioner R. J. Holland moved for further consideration of an application to permit a private school to be constructed on Lot 12, Plumosa park. The motion was not seconded and no actimu was taken thereon. Mayor Warren informed the Council of a new Subdivision known as "Tropic Palms", located to the south of the City and West of Tropic Isle Subdivision, outlining the lands it comprises and the fact that eventually approximately 3000 homesites will be established in the $13,000.00 to $20,000.00 bracket. The Commission agreed to meet at 7:00 P.M., Friday evening, August 16th with Messrs. Henry J. Mellon and Paul A. Bander to dis- cuss possible terms and conditions for annexation of Tropic Palms. Commissioner Strong, commenting on the cramped quarters of the present City Hall and the handicap under which all departments are subjected due thereto, moved that the City Manager confer with De- partment Heads concerning their ideas for operational requirements and prepare plans and specifications, together with his recommendation for a new City Hall, that the preliminary detail may be available as soon as construction monies are provided. Motion seconded by Commis- sioner R. J. Holland and unanimously agreed. Commissioner Strong moved that the City Manager provide for the preparation of a Resolution authorizing the disposition, by public sale, of the City Hall property, the parking area adjacent thereto, the city owned land across the street from the City Hall and the land to the west of the City Hall property upon which is located the old Civic Center building. Motion was seconded by Commissioner R. J. Holland and unanimously carried. Mr. C. T. McReedy and Mr. Fred B. Clark of B. J. Van Ingen & Co., Inc., the fiscal agents for ~ervicing the recently approved Water Revenue Certificate issue requested the Council to establish a date for the Sale of the Issue and to determine certain conditions and bidders' limits pertaining to sale price. Following a general discussion concerning the above, and upon the recommendation of Acting City Attorney Neil E. MacMillan that the Council be guided by the advice of the Fiscal Agents, Commissioner Strong moved that the date for the Sale of the Water Revenue Certifi- cates - Series 19~7 be set at 10:30 A.M., September ~th, 19~?, and sub- ject to a minimum price of 97~. Motion seconded by Commissioner R. J. Holland and unanimously~carried. 228 AUGUST 12th, 1957. City Manager Lawson then read RESOLUTION NO. 1066. A RESOLUTION calling for redemption certain outstand- ing revenue certificates of the City of Delray Beach BE IT RESOLVED by the City Council of the City of Delray _ Beach, Palm Beach CoUnty, Florida as follows: Section 1. That all of the outstanding revenue certifi- cates of"'the~ City of Delray Beach, described in the'notice of redemption set forth in Section 2 hereof, are hereby called for redemption on December l, 19~?, pursuant to the provisions set forth in said notice. Section 2. That notice of such proposed redemption shall be in substantially the following form: ~ CITY OF DELRAY BEACH, FLORIDA NOTICE OF REDEMPTION Notice is hereby given by the City of Delray Beach, Florida, that all of the following described revenue certificates of said city which are now out- standing have been called for redemption and payment on December l, 19~7: $3~0,000 Water System Revenue Certificates, Series 1946, dated June l, 19~6, denomination $1,000 bearing two per cent interest per annum, due June I of each year, and numbered I to 350, inclusive; $300,000 Water System Revenue Certificates, Series 1952, dated June l, 1952, denomination $1,000, bearing three per cent interest per annum, due June i of each year, and numbered i to 300, inclusive. Said certificates should be presented, with all unmatured cupons attached, at the place of payment, namely, The Chase Manhattan Bank, New York, New York, for redemption on December l, 1957, and interest thereon will cease to accrue on said date. Given by order of the City Council this 12 day of August, 19~?. /S/ George V. Warren Mayor Attest: /S~ R. D. Worthin~ City Clerk Section.. 3. That the City Clerk is directed to cause a notice in the aforesaid form to be published one time not later than October 31, 19~7, in The Bond Buyer, a financial journal 229 AUGUST 12th, 1957. published in the City of New York, New York, and in the Delray Beach News, a newspaper published and having general circulation in the City of Delray Beach, to file such notice with The Chase Manhattan Bank not later than October 31, 1957, and to send such notice by registered mail to the registered holders of any of the certificates to be redeemed which are registered as to principal, such mailing to be made not later than October 31, 1957. Section 4. That this resolution shall take i:~nediate effect. Adopted and approved August 12, 1957. /SE .George V. Warren Mayor (SEAL) ATTEST: ? /S/ R,,., O. Worthing ..... City Clerk The foregoing resolution approved by me as to for, language and execution this 12 day of August, 1957. /S/. Ne. il E. MacMi!.la.n.. Acting City Attorney Commissioner Strong moved that Resolution No. 1066 be passed and adopted on first and final reading. Motion seconded by Com- missioner M. K. Holland and unanimously agreed. City Manager lawson read a letter from Mr. Ralph Knutsen where- in due to pressure of business, Mr. Knutsen considered it necessary to submit his resignation as a Member of the Plumbing Board. Commissioner R. J. Holland moved for acceptance of Mr. Knutsents resignation with regret and requested that letter of acceptance in- corporate the appreciation of the Commission for the valuable services rendered by Mr. Knutsen. Motion seconded by Commissioner M. K. Holland and unanimously carried. Concerning the letter from Cove Realty regarding drainage in Tropic Isles Trading Center, and establishment of liability for cost thereof between Tropic Isles - Section l, and Tropic Isles Trading Center, the Commission, on the advice of Acting City Attorney Mac- Millan, requested the City Manager to advise Cove Realty that the City of Delray Beach is not involved in the settlement of this matter which should be solved by the parties concerned and affected. Commissioner R. J. Holland moved that Mr. Ed Phillips, of Phillips Plmmbing Company, be appointed to fill the vacancy on the Plumbing Board caused by the resiEnation of Ralph Knutsen until a successor, is named. Motion seconded by Commissioner Strong and un- animously agreed. Commissioner Strong moved that the request of Ocean City Clean- ers and Laundry to construct an addition to their present plant be referred to the Planning Board for study and recommendation recogniz- ing this to be a Deviation request. Motion seconded by Commissioner R. J. Holland and unanimously carried. The City Manager reviewed the letter from the City Attorney which the Council, on July 22nd, had requested be furnished the li- cense Department concerning an application of Mr. Allan Wells to place a Kiddie-Ride device on Atlantic Avenue upon and within the 230 AUGUST 12, 1957. set-back area of the Ben Franklin Store at 310 E. Atlantic Avenue, and to determine whether a License for such operation could be is- sued, and in which letter no such reco~muendation nor approval for issuance of a License permitting placement of said Kiddie-Ride was contained. Attoruey John Williams, representing Mr. Wells, informed the Council that he f~lt the City Attorney and the License Department had erred in denying to issue such permit due, undoubtedly, to a possible~misinterpretation of the Charter requirements and requested further consideration by the Council of the request submitted by Mr. Wells. Attorney Williams further cited the fact that such an amuse- ment device is .permitted and licensed in Lake Worth, Pompano Beach and other Florida towns and cities. Commissioner Strong moved that the Chief of Police investigate the amusement device, where and how it is to be located, and if, in his opinion, its operation and existence at that location does not create a traffic hazard, to so advise the ~icense Department who shall, when so advised, issue an Occupational License for such an activity. Motion seconded by R. J. Holland and unanimously carried. City Manager Lawson advised the Council that it might be well to consider creating an ordinance providing for clarification of amusement devices and other obstacles being located within the front set back line in the business district on Atlantic Avenue, and was requested by the Council to study this matter and any possible ordi- nances of other Florida towns and cities providing for control of such practices and submit a recommendation. The City Manager then read ORDINANCE..N_O.,,,G,-,267. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENT ROLL SUBMITTED BY THE CITY PLANAGER OF SAID CITY, CONCERNING THE OPEN- ING, GRADING AND PAVING THAT PART OF SOUTH EAST FIFTH STREET EASTERLY FROM THE EAST RIGHT-OF-WAY LINE OF U. S. NO. I (FEDERAL HIGHWAY) A DISTANCE OF THREE HUNDRED AND SEVEN FEET. WHEREAS, The City Manager of the City of Delray Beach, Florida, has, in pursuance to the Charter of said City, submitted to the City Council for approval, a report of the cost, and the assessment roll for the opening, grading and paving that part of South East Fifth Street Easterly from the East right-of-way line of U. S. No. 1 (Federal Highway) a distance of three hundred and seven feet, and WHEREAS, said report and assessment roll were approved by the City Council in regular session on the 8th day of July A.D., 19~?, and WHEREAS, due notice concerning said assessment roll was given by advertisement by the City Clerk, in accordance with the City Charter of said City, for the purpose of hea~ing objections to said assessment roll, and WHEREAS, no sufficient objections were received to the con- firmation of the assessment roll, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. The assessments, as shown by said assessment roll, which is annexe~ hereto and made a part hereof, are hereby levied against the property shown and in amounts shown on sai~ assessment roll, said assessments to be paid in three (3) equal annual install- ments, together with interest at the rate of eight (8) per cent per annum, the first installment becoming due and payable on September 12th, 19~7 and on the 12th day of Sept., for the next ensuing two (2) years; and said special assessment, so levied shall be a lien from the date the assessment becomes effective, upon the respective lots and parcels of land described in said assessment roll, ~f the 231 AUGUBT 12th, 1957. same nature and to the same extent as the lien for general taxes, and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as City Taxes are collectible. PASSED in Regular Session on second and final reading on this ~'he 12th day of August A. D., 1957. (SEAL) /S/ , .G,e?,rge V. W.,a,,r,r,.en .... MAYOR ATTEST: /S/. R.. D. Worthing _ . City Clerk First Reading July 22, 1957 Second Reading August 12, 1957 PASSED & ADOPTED August 12, 1957 ASSESSMENT ROLL. For opening, gra ding and paving that part of South East Fifth Street, Easterly from the East Right-of-way line of U. S. No. l, (Federal Highway) a distance of Three Hundred and Seven (307) feet, to a width of twenty-two (22) feet. DESCRIPTION OWNER Front Assessment Total Foqtage Front Ft. Assessment The West 145 ft. of ruller Construction 145 '~'2".5713' ~ 3'7'2.~ Lot 10, Block l, Company, 0sceola Park Red Bank, New Jersey East 99.86 ft. of Wright and Margaret 99.86 " 256.77 W 2)~1!.86 Ft. of the Bart, S~ of Lot 10, Block Delray Beach, Fla. l, 0sceola Park. East 62.14 Ft. of Herbert S. Nielsen 62.14 " 159.78 Wx307 Ft. of the Bailey Avenue ST of Lot 10, Block Buffalo, N. Y. l, 0sceola Park The West 272 ft. of Domenic Della Volpe, 272 " 699.39 Lot 11, Block 1, P. 0. Box 189, 0sceola Park. Delray Beach, Fla. 579 " $1,488. Resolution No. 1038 $ 23.I0 Assessment Roll (Est) 15.30 Ordinance 3.50 Survey $20.00 Contract 1,~92.30 LESS .. .16~.~.42 10~ Being City's Share of Expense, per Res. # 1038. $ l, 488.7 Commissioner Strong moved that Ordinance No. G-267 be passed and adopted on this second and final reading. Motion seconded by Commis- sioner M. K. Holland and unanimously agreed. 232 .AUGUST 12th, 1957. City Manager Lawson then read ~RR.~NA~.CE.. NO. G.-268. AN ORDINANCE OF THE CITY COL~CIL OF THE CITY OF DELRAY BEECH, FLORIDA, ANNEX- ING TO THE CITY THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PALM BEACH BOUNTY, FLORIDA, AND LYING CONTIG- UOUS TO THE EXISTING ~YNICIPAL LIMITS OF SAID CITY OF DELRAY BEACH: PRESCRIBING THE LIABILITY OF SAID PROPERTY FOR MUNICI- PAL TAXATION, AND GIVING THE CITY OF DELRAY BEACH JURISDICTION, POWER AND AUTHORITY OVER THE TERRITORY EMBRACED IN SAID ANNEXATION AND.PROVIDING FOR THE APPLICATION OF THE RESOL[~I0~, LAWS AND ORDINANCES OF THE CITY OF DELRAY BEACH, TO SUCH ANNEXED TERRITORY. WHEREAS, Phillips Petroleum Company, a corporation, is the sole fee simple title holder of the property hereinafter described, and said owner has heretofore by its petition for annexation con- sented to and given permission for the annexation of said property and the dedication of the south one foot thereof to public use as an alley by the City of Delray Beach, Florida; and ~gHEREAS, the City Council of the City of Delray Beach has determined that such territory is contiguous to the existing muni- cipal boundary lines of the City of Delray Beach, and that thereby the City is authorized to annex said lands in accordance with~its charter granted 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 I~. That the City Council of the City of Delray Beach, Palm Beach County, Florida, does hereby annex to said City the following described tract or parcel of land located in Palm Beach County, Florida, which lies contiguous to the existing boundaries of said City, To-wit: A parcel of land in Section 28, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the point of intersection of the westerly right of way line of State Road No. ~ (U.S. Highway No. 1) as shown on right of way may of said State Road No. ~, recorded in State and County Road Plat Book 2, pages 73, 74 and 7~, public records of Palm Beach County, Florida, with a line parallel to, and 15 feet northerly from, (measured at right angles) the south line of Tract No. 6-A of the Revised Plat, Portions of Sections 28-29, Twp. 46 S., Rge 43 E., recorded in Plat Book 18, page ~3, Public Records of Palm Beach County, Florida; thence westerly, along said parallel line, a distance of 13~ feet; thence northerly, at right angles to the preceding course, a distance of 12~ feet; thence easterly, parallel to the south line of said Tract No. 6-A, a distance of 130 feet, more or less, to a point in said west- erly right of way line of State Ro~d No. ~; thence southerly, along said westerly right of way line, a distance of 12~.2 feet, more or less, to the point of beginning. Subject to easement for alley over the South one (1) foot of the above described property for public use. 233 AUGUST. 12th, 19~?. SECTION 2. That the boundaries of the City of Delray Beach are hereby redefined so as to include therein the above described tract or land, and said lands are hereby declared to be in the cor- porate limits of the City of Delray Beach, Florida. SECTION 3. The property hereinabove described and herein annexed to the City of Delray Beach, Florida, is taken into the City under the following zoning regulations and conditions. (a) The south one (1) foot of the above described property shall be dedicated to the public use as an alley. (b) The property shall be zoned. "C-2, General Commercial District". SECTION 4- That all the resolutions, laws and ordinances of the City of Delray Beach shall apply to and have the same force and effect in all the territories described in Section I hereof as if all such territory had been part of and within the corporate limits of the City of Delray Beach at the time of the adoption or enactment of such resolutions, laws and ordinances. SECTION ~. 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 hereof. PASSED IN REGULAR SESSION on the second and final reading on this 12th day of August, A. D. 19~7. (SEAL) /S/ George. V. Warren . MAYOR ATTEST: ~S/. R. D. Worthing . City Clerk First Reading July 22, 19~7 Second reading August 12th, 19~? Co~missioner R. J. Holland moved that Ordinance no. G-268 be passed and adopted on this the second and final reading. Motion was seconded by Commissioner M. K. Holland and unanimously carried. The City Mangger then read ORDINANCE NO. G-269. AN ORDINANCE ASSUMING JURISDICTION OVER THE APPREHENSION, TRIAL, HEARING AND DISPOSITION OF OFFENSES COMMITTED BY PERSONS UNDER SEVENTEEN YEARS OF AGE IN VIOLATION OF ORDINANCES RELAT- ING TO REGULATION OF TRAFFIC AND THE OPERATION OF MOTOR VEHICLES; PROVIDING FOR CONDITIONS UNDER WHICH SUCH OFFENDERS SHOULD BE HF~RD AND FOR THE IMPOSITION OF PENALTIES IN CONNECTION THEREWITH, INCLUD- ING THE SUSPENSION OF DRIVER'S LICENSES: AND PROVIDING FURTHER THAT WHEN IT IS DEEMED PROPER TO PLACE ANY SUCH OFFENDER IN CONFINEMENT, THE CASE SHALL BE TRANS- FERRED TO THE JURISDICTION OF THE JUVENILE COURT OF PLAM BEACH COUNTY, FLORIDA, AND FOR ALL OTHER PURPOSES REASONABLY INCIDENTAL: AND REPEALING ALL OTHER LAWS IN CONFLICT. Commissioner R. J. Holland moved that Ordinance No. G-269 be placed on first reading. Motion seconded by Commissioner Strong and Unanimously agreed. 234 AUGUST 12th, 1957. City Manager Lawson informed the Council that the Building In- spector's Department is working with County and other groups toward effecting an Ordinance controlling the Licensing of General Con- tractors. City Manager read the following Reports from the Planning Board, dated August 12th, 19~?: 1. Wherein the Board reported having held a Public Hearing relative to the request of Richardson's Rug Cleaners for permit to construct an addition to its plant on SE 4th Street, at which Hearing NO ob- _ jections were received but a letter of approval from nine (9) property owners in the immediate area was submitted and recommended approval of Richardson~s request. Commissioner R. J. Holland moved for approval of the Request by the Richardson Rug. Cleaners. Motion seconded by Commissioner M. K. Holland and unanimously carried. 2. The Planning Board advised the Council of having held a Public Hearing on permissive use of the City Park, Block 132, for construct- ion of a Community Center, during which hearing several communications from property owners in the area, expressing objections to the pro- posed use of City Park, were read. The Board, being divided in its opinion, declined to submit a recomraendation, whereupon Commissioner R. J. Holland moved that the City Manager proceed with plans and specifications for construction of a Unit Type Community Center to be located in the North half of Block 132. Commissioner Strong moved that Bills, in the amount of $~6, 476.99, submitted by the City Manager, be paid subject to the ap- proval of the Finance Committee. Motion seconded by Commissioner M. K. Holland and unanimously carried. City Manager Lawson submitted a bill from Mr. Ben F. 0'Neal, for services rendered in preparation of the design of Sewer Treat- ment Facilities, for the proposed dressing room and toilet facili- ties at the Public Beach in Palm Beach Shore Acres, in the amount of $238.00. Commissioner Strong moved that this Bill be paid from the Beach Surplus Fund. Motion seconded by Commissioner R. J. Hol- land and unanimously carried. The City Manager informed the Council of additional street repair jobs having been found necessary to effect, beyond the orig- inal planned seal coat and plant mix surfacing program, including such improvement repairs as additional paving on SE 7th Avenue, NE 8th Street at Federal Highway;, NW 9th Street from Swinton Avenue 2 blocks westward, part of Bauhinia Road, also Lowry and Thomas Streets between Seabreeze and Andrews Avenues, all of which became necessary following the damaging effect of abnormal rains falling during the months of June and July. Commissioner R. J. Holland, commending the City Manager for foresight and manner of handling this serious problem in the best interests of the City, moved that ~2,80~.8~ be provided to cover the repair costs outlined in the foregoing paragraph. Motion was seconded by Commissioner M. K. Holland and unanimously carried. Commissioner R. J. Holland moved for approval of Application submitted by the Ray Drive-In Restaurant, for a License permitting the sale of Beer ONLY in said Restaurant. Motion seconded by Com- missioner M. K. Holland and upon Call of Roll - Coramissioner R. J. Holland, M. K. Holland and Mayor George V. Warren voted in favor thereof, Commissioner Strong being opposed. City Manager Lawson advised the Council of having received the necessary legal papers from the Bonding Co.~s Attorney, and the approval of the City Attorney, to effect final payments for the Teen Town Swimming Pool Contract, and further informed the Council that 235 AUGUBT 12th, 19~?. there should remain approximately $3,~00.00 in the original fund es- tablished for such project and recommended landscaping and beautify- ing the grounds around the Pool. Commissioner Strong moved that the City Manager advertise for Bids to complete this program as recommended by the Manager, not to exceed the unencumbered balance (approximately ~3,~00.) of the fund originally provided for this Contract, and which shall include a water supply line from NW 2nd Street to the Pool for drinking water as well as better water supply service, the cost of which installat- ion should be saved in a comparatively short period of time in LESS Electric Service Cost now necessary for operation of the present pmup- ing system. Motion seconded by Co~m~issioner R. J. Holland and unani- mously carried. Commissioner R. J. Holland moved that the Golf Committee be re- quested to withhold causing any abnormal or capital expenditures to be made for the Golf Course until September 23rd, 1957. Motion second- ed by Commissioner M. K. Holland and unanimously agreed. The City Manager informed the Council of having received the Bonding Co~s. remittance with reference to the Bankrupt firm of Riviera Pools and its several creditors who provided material or rendered ser- vices in connection with the construction of Teen Town Swimming Pool and Commissioner Strong moved that the Release and Assignment document be executed, subject to the approval of the City Attorney. Motion seconded by Commissioner R. J. Holland and unanimously carried. City Manager Lawson reminded the Council that this meeting had been duly advertised scheduling this date for the Council, acting as the Equalization Board, to adjust, equalize and approve the Assess- ment Roll, levying Lot Clearing Costs, attached hereto and forming a part of Resolution No. 1063. Attorney Robert. F. Griffith Jr., appeared before the Council and requested consideration and adjustment of Assessments appearing on said Roll, against the following properties owned by F. V. MacFarlane; Lots I and 2 of Block "D" in the Village, also Lot 5, Block M of the Village. Commissioner R. J. Holland moved that the City Manager investi- gate these assessments against Lots I and 2, Block D, and Lot 5, Block M, all of The Village, and report his findings to the Council at the next reMular meeting to be held on August 26th, 1957, at which time the Council will advise Attorney R. F. Griffith, Jr., of its decision. Motion seconded by Commissioner Strong and unanimously agreed. Co~uissioner Strong moved for approval of the Assessment Roll contained in Resolution No. 1063, subject to deferment of action on the items outlined in the preceding paragraph. Motion seconded by Commissioner R. J. Holland and unanimously carried. ADJOURNED /S/ R~....D. Wo. rthing City Clerk APPROVED: 236