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10-14-57 October 14th, 1957. A Regular Meeting of the City Council of Delray Beach, Florida, 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 the following Council Members being present, Col. Dugal G. Campbell and R, J. Holland. An opening prayer was delivered by Rev. A. R. Charlesworth. Mayor Warren presented a Petition signed by many property owners, taxpayers and citizens of Delray Beach protesting the erection of a proposed civic (community) center in the City Park and further re- questing this project be abandoned. Commissioner R. J, Holland moved that the City abandon its pre, viously determined intention of establishing a community center in the city park and seek another more suitable site. Motion seconded by Commissioner Campbell and unanimously agreed. Mrs. F. J. Schrader expressed the sincere appreciation of the many citizens of Delray Beach for the courtesies extended last Fri- day night and the consideration of the Council resulting in aband- onment of establishing a community center in the City Park. Mayor Warren requested any interested citizens to contact the City Manager relative to a sugg. ested and suitable site for a commun- ity center. City Manager Lawson submitted a "Li~t" of Lots in violation of Chapter 15, Sections 15-1, 15-2 or 15~S, as determined by the Fire Chief's inspection of the lands bounded on the East by S. E. Fifth avenue, on the South by Tenth Street, on the West by Swinton Avenue · and on the North by Atlantic Avenue. ~...Mrs. Dorothy Stollenwerck expressed the need for a more complete and satisfactory follow-up,of the lot clea~ing program, it being most essential for the success of Garden Club activities. Commissioner Campbell moved that necoasary steps be taken, in compliance with established procedure, for the Clearing of said Lots which by s~urvey of the_Fire Chief appear to be in violation of Chapter 15, Sections 15-1, 15-2 or 15-3 of the City Code. Motion ;was seconded by Commissioner Holland and unanimously carried. Commissioner Campbell then requested, by motion, that the City Manager take necessary steps to provide an immediate survey of all lots at the various entries to the City in order.that any violations of' Chapter 15 of the Code may be processed foP.elimination thereof to effect a better appearanoe of such lands than now exists, and, further, .that no undue delay occur in the continuation of the general lot clearing program. Motion seconded by Commissioner Holland and unanimously agreed. ~ty Manager Lawson then informed the Council of the recommenda- tion received from Mr. Roy Weber, of Brockway, Weber & Brockway, from Mr, ~Weber's review of the 1951 improvement assessment and the proposed N. E. 2nd Street improvement assessment concerning what properties would benefit additionally~from the presently proposed drainage improvement over and beyond benefits derived from the 1951 'dreinage project, wherei~ Mr~~ Weber expressed an opinion that any 'area previously assessed for the 1951 project, not be assessed for · the.pr, esent proposed project, except those contributing other than rainwater run-off .from their property. The City .Manager then ~ead RESOLUTION NO. ~1071: A RESOLUTION OF THE CITY COUNCIL 0F THE CITY OF DELR~Y BEACH, FLORIDA, ORDERING THE IN- STALLATION OF STORM DRAINS ON THAT PART OF ~NORTHEAST SEGOND STREET LYI~NG BETWEEN SWINTON. AVENUE AND THE INTRACOASTAL WATERWAY, ALSO THAT PART OF NORTHEAST .~ THIRD AVENUE EYING BETWEEN SECOND AND FOURTH. STREETS, TOGETHER WITH NECESSARY CATCH BASINS AND MAN-HOLES IN ~ CONJUNCTION WITH SUCH STORM DR~-~INS. (See Photo C2~~ Herein) .... (See Pages No. thru 272G) 0o~a~issioner C~pbell moved that Resolution No. 1071 be passed and adopted, Mot~n seconded by Commissioner Holland and unanimously carried~ OCTOBER 14th, 1957 Commissioner Campbell then moved that the City Manager be re- quested to contact Royal Palm Ice Company advising them of the necessity to comply with the provisions of Ordinance No. G-212, and that any other users of Water be compelled to abide by the require- ments contained in said Ordinance G-212, and further, that all vio- lators thereof be granted a ninety (90) day period in which time to provide for compliance therewith, at the end of which period of time any existing violations of said Ordinance be determined by the City Engineer and report of same be submitted to the Council. Motion was seconded by Commissioner Holland and unanimously carried. City Manager Lawson read a letter from Mr. John Van Sweden, Chairman-Christmas Decorating Committee of the Delray Beach Chamber of Commerce wherein the Committee's plan for Christmas decorations on the streets of Delray Beach were outlined and a request for aid, in the amount of $1,000.00, was contained. Mr. Van Sweden and Mr~ Lee Smith of the Chamber further outlined the Committee's plans and reviewed costs for similar activities in prior years. Mayor Warren tabled this matter for study and further considera- tion at the next regular meeting. The City Manager read a request from Mr. P. Gerry Lassy, Gen'l. Manager of the Gerry Tool Company of Bristol, Conn., for a permit to erect a sign on city owned land at South Federal Highway and 10th Street. Commissioner Holland moved that this request be denied. Motion seconded by Commissioner Campbell and unanimously agreed. Mayor Warren read the following letter from - The Delray Beach Woman's Club Delray Beach, Fla. Oct. 9th, 1957. CITY OF DELRAY: Gentlemen: The Members of the Delray Beach Woman's Club wish to go on record as approving the proposed Curfew Law. Yours truly /S/ Mrs. A. J. Wiegman (Corresponding Sec. ) City Manager Lawson presented a Petition for opening, grading and paving S, W, 10th Avenue from Atlantic A enue to S. W. Third Street. Commissioner Campbell moved to approve this Petition subject, however, to its referral, together with all other previously ap- proved street improvements not yet undertaken, to the Planning Board for recommendation as to priority, recognizing the currently proposed N.E~ 2nd Street Improvements being the number one project. Motion seconded by Commissioner Holland and unanimously agreed. CommisSioner Campbell moved that the petition to grade and rock N.W. 1st Street from 9th to 10th Avenues be denied and that the petitioners be advised that the Council does not consider it wise to effect such construction of a right-of-way. Motion seconded by Commissioner Holland and unanimously carried. Commissioner Holland moved to grant the request of Coleman Good- win for transfer of the "Nu-Deal Cab Company's" certificate of pub- lic convenience to Service Taxi, owned and operated by Mr. Goodwin, the Nu-Deal Cab Company having dissolved business. Motion seconded by Commissioner Campbell and unanimously agreed. The City Manager then read ORDINANCE NO. G-275: AN ORDINANCE RE~ATING TO ZONING, SUPPLEMENTING SECTION 29-7.6 OF THE CODE OF ORDINANCES OF THE CITY OF DELP~Y BEACH, FLORIDA, TO REGULATE AND RESTRICT CORNICES AND EAVES, PROJECTIONS AND ENCROACHMENTS, AND WALLS AND FENCES IN THE CITY OF DELRAY BEACH, FLORIDA. Commissioner Campbell requested that said Ordinance No. G-275 be reviewed by the City Inspector end the Planning Board with a view toward clarification of Section l?, ?aragraph (3) of said Ordinance and incorporation of provisions concerning set-back requirements for swimming pools and allowing no encroachments of Pools on set- backs nor enclosed areas of any nature within side and rear set- back requirements. Commissioner Campbell moved that the Plans for improvement of the Tenerelli property on So. Ocean Blvd., submitted by the Build- ing Inspector be referred to the Planning Board for study and recom- mendation. Motion seconded by Commissioner Holland and unanimously agreed. Commissioner Campbell moved for approval of the proposed Sign to be erected at the North and South entrances to the City, per sketch submitted and recommended by the City Manager subject to ad- dition of "FISHING" thereto, and to be so constructed as to attract attention at night as well in the daytime, total coat not to exceed $1,000. Motion seconded by Commissioner Holland and unanimously a- gte e d. Commissioner Holland moved that Bills in the amount of $129,282.34 as submitted by the City Manager be paid subject to the approval of the Finance Committee. Motion seconded by Commissioner Campbell and unanimo us 1~ carried. Commissioner Campbell moved to grant the request of "Wampus Inn" to sell Wine, in addition to Beer now per~itted, at 1339 West Atlanti~ Avenue; also to grant the request of Rose Lee Hull for transfer of the Beer License of Mrs. Ivy Johnson (deceased) permitting contin- uance of Beer to be sold at Johnsonts Restaurant at 601 West Atlantic Avenue. Motion seconded by Commissioner Holland and unanimously a- greed. The Council tabled the request of Joe Johnson for a Beer and Wine at 27 N.W. 5th Avenue for further study and legal advice. Commissioner Campbell moved that the City Attorney be instructed to prepare an ordinance providin~ the City Council with powers to establish limitation of Beer and/or Beer & Wine Licenses. Motion seconded by Commissioner Holland and unanimously carried. City Manager Lawson informed the Council that S,W. 10th Avenue would be restored to good condition for normal usage, it having been badly rutted by Streets Department equipment which had found it nec- essary to use this route to the City Dump when S.W. 4th Street be- came unusable Mrs. F. J. Schrader reminded the Council of the illegible signs on the Beach concerning "Dogs" etc., resulting in an undesirable sit- uation on the Beach, and was assured that immediate attention in this matter would be extended. Commissioner Campbell moved that ALL Noticem for proposed zoning changes, deviations, lot clearing requirements and such matters af- fecting property owners be forwarded "Certified Mail" or equal. Mo- tion seconded by Commissioner Holland and unanimously carried. Commissioner Campbell moved that the City Manager be informed 'of the Council's desire that immediate steps be taken to correct the unsatisfactory condition concerning pick-up of trash, as many com- plaints have been~received by the Council Members, some of which were very bitter. Motion seconded by Commissioner Holland and unanimously carrie d. Mayor Warren proclaimed the week of October 13 to 19, 1957, to be Oil Progress Week. The Mayor read a letter from the Men's Republican Club cOncerning a meeting to be held on Wednesday Night, October 30th, at the Lions Club, relative to the proposed sale of the Golf Course, and wherein it was requested that as many City officials as possible attend. On motion of Commissioner Campbell, seconded by ,Commissioner R. J. Holland, the Council unanimously agreed to conducting the special Election on November ~th, 1957, in conjunction with the County's B~n~d Election and. sharing the expense of the Clerk and Inspectors. OCTOBER 14th, 1957 City Manager Lawson read a letter from Homer B, Scott of Smith & GilleSpie, and reviewed the Six (6) Bids for const~uction of Water Supply Wells which bids accompanied Mr. Scott's letter and are as follows; FOR CONSTR~CTXON OF FOUR TO SIX 10" GRAVEL PACKED WELLS AS SPEC- IFIED IN BID, WITH A GUARANTEED TOTAL YIELD OF 4,000 G.P.M. Georgia-Florida Drilling Co., $ 21,500.00 Heater Well Co. ,Inc. 29,750.00 Layne-Atlantic Company 76,920.00 Locke Well & Pump Co., 40~000.00 Bydnor Pump and Well Co., Inc. 55,292~00 Gray Well & Pump Co., 34,500,00 Commissioner Campbell moved that the City Manager be authorized to employ a Resident Engineer to be in charge of Well Construction, it being unfair to shoulder this added responsibility on the City Engineer, and to award Contract for construction of the Water Supply Wells to the Georgia-Florida Drilling Co., as recommended by Smith & Gillespie, and subject to terms of Bid. Motion seconded by Com- missioner R. J. Holland and unanimously agreed. MEETING ADJOURNED. APPROVED: -'-----~.--:L:--'~'~- a RESOLUTION OF TI~; CITY COUNCIL ~F '~.:~?~ ~? STATION OF STO~ D~NS OS THAT P~'? ~F A~E ~ THE INT~CO~T~ WA~WAY, T~T P~T OF NOHT~T THI~ A~N~ LYING T~N ~0~ ~D FOURTH ST~TS~ TOGETH~ WITH ~S~Y CATCH B~INS ~D MAN-HOLES 1N CON~NCTION WITH ~CH STO~ O~NS. ? ~, the City Council of the City of Delray Beach Florida~ ~!id. on ~e 17~h day of June. 1957. by Resolution No. 1053. ithe City Ha~ger to prepare plans ~d specifications for certain i~stor~ drains. ~d an estimate of ~e cost of such improvement to be ~placed~ on file In ~e Office of the City ~nager. NOW, T~~. BE IT ~SOL~ by the City Council of ~e City of Delray Beach. Florida. ~at it Is dete~ined to ~, the follow- ~1~ described ~p~ve~nt. to-~lt: Inztallation ef Stor~ Seeer Drains on ~at part of Northeast Second Street lyt~ be- tween S~nton Avenue ~d the Intrac~aztal Water,y; also ~eh Installation of Sewer Drains ~n that p~t ef Not,east 3~ Avenue lytel between Northeast Second a~ Fourth Streets toge~er with Catch Bazlnz a~ ~-~oles ~ ~ zueh Sto~ Drains, the ~tal serrated cost ,f ehich ~prove~ent is $77.970.00. ~ IT ~T~m ~SOL~ that ~e entre cost ef z~h ~ent e~ll be ~hared by the City .f Delray Beach, Flort~ a~ the relishing de,eribed p~pertiee In Delray Beach, Pal~ Beach Cowry. Florida. ,n a baei. ,f ~e City .f Delray Beach paying thirty (30) per cent of the cost of said ~prove~nt. ~d t~e property onore off said properties a~on belev, payinA seventy (70) per oent the total coet~ B~ OR ~D~XON PRO~ ~R~ION 8~ ~ Lot 1, 10,0~1 ~7 ~t ~, 10~0~1 ~ ~t 9 a N 26.5~ of ~t 10, la,49~ 67 ~ ~ e~ ~t 10, 6, D~ ' ' N 1~.51' of Lot 2, 6,~8 ' ' N 120.51' of ~t 3, 8,508 u , N l~.Sl* Of ~t 4, ' ' N 120.51' of ~t 5, ~d ~o N 120.51' ~ W 46* of ~t 6, 13,0~1 · u M 1~.51' of E 8* of bt 6 , aM ~o N IH.Il* of ~t 7. T,472 u u N l~O.6l* of ~t 8, ~M S~ ~t 7, 10.7~ ' ' ~t 8; 10,831 ' ' ~t 9, 10,831 · * ~t 10, 14,159 u u ~t ll, 9,787 = ~ Let 12, 11,092 u . ~t8 1 t~ 6, Incl., ~ 130 bt 6, ' bt 5, 18, 6~ " V ~.~' of ~t 4, 10,0~ ' E S of ~t 4, 10,0~ ' ~ $ of ~t 3, 10,8~ ' ~ of ~t 3, 10,8~ BLOCK OR ~UBDIVlSION PROPEnsiTY DESCR~TION $~UAHK B~ 130 S 100' of Lot 2, 11,6~ " N 112' of Lots 1 & 2, 27,685 * S lO0' of Lot 1, 11,8~ B~ 122 · 75* mf N 110'~ 8,2~ * W 70* er E 145' er N 110', 7,7~ * ~ 70* off * W 71' of N ILO*, 7,810 B~CK 114 ~%m I & 2 16,524 * ~tm 4 I 5, 16,5~ ' Let 6, ~,2~ e Letm 9 · lO, 16,524 * ~t 13, 8,262 * : ~t 15, 8,2~ ' ~t 17 '.Mr ~t15' of Lot 18, 10,287 u S 46.2t 18, Or ~t 19, 10,~7 u S 31,2* of ~t 19 a all off Lot 30, 12,474 BM 106 bt 1, e ~t 3; 8,262 ~ ~t 5; 8;262 u Lot 6, 8,263 u Lot 7, 8,262 u ~t 8, ~ ~t 9, 8,2~ u Lot 10, 8,262 ' Lot 11; 8,262 u Lot 12; 8,262 u Lot 13; 8,262 u Lot 14, 8,262 u Lot 15; 8,262 s Lot 16, 8,2~ ' Lot 17, 8,262 u ~t 18, 8,262 J ~t 19, 8,2~ u ~t 20, 8,262 B~CK 98 ~t 13, 6, ~7 u ~t 14 lesm 5.11' x ~.6' tn ~ corner ~ lot, 6,469 ' Lots 15; X6 & X7 & 5.11' x 33.6* Zn ~ cornor of Lot 14, 15,~8 e Of Lot 19, 2,625 " ~t 20, e ~t 21, u ~t 22, 7,087 u ~t 23, 7,0~ u ~t ~ · N ~ Of Lot 25, 11,745 ' ~t 26 & S~ Off ~t 25, 10;125 u Lot 28; 6, 7~ u ~t 29; P~O~T~ DESCRIPTION S~UAg~ FOOTagE Lot ~ 6~750 ~ts 31 · 32 13,500 ~t 33~ ~ 750 ~ 100~ Of E 135' 13,~0 Lot 3~ 2~ 295 Lot 4~ 2,675 Lot 5~ 3~ 105 ~ 6~ 3~ 535 Let 7, 3,925 ~t 8, 4,305 Lot 9, 4,685 Lot XO Lot Lot 12, 5,930 ~t l, 5,000 Lot 2, 3,917 Lot 3, 3,815 Let 4, 3,712 Lot ~t 6, 3, 510 Let 7, 3,410 ~t 8, 3,305 Lot 9, 3, 2~ ~t 11, 2,995 Lot 12, 2,895 Let. I ~ 6, incl., 42,151 ~t 19, 6, 755 ~t 20, 6, 755 Lot ~, 6,755 ~t 22, 6, 755 Let 23, 6,755 ~t ~. less V ~.65' of N ~* 5,206 V ~.~ oF N 58t o~ ~t 24, 3,170 bt l,' 7,426 ~t 2 & N 6* of ~t 3; 7;426 S ~* e~ bt 3, · N 11.5' of Lot .4, 7,359 S ~.5' off Lot 4 & N 17' o~ Lot 5; 7,359 S 33* o~ Lot 5 & N 22.5' o~ Lot 6~ 7;359 S 27.5* o~ ~t 6, 3~6 8 25* O~ ~t 19, 3,315 N 25* o~ ~t X9 ~ S 31.3* OF Lot 20, 7,4~ N X8.9' o~ ~t 20 · 3 37.8* OF Lot 2X, 7~4~2 N X2.4* o~ bt 2X & ~X o~ ~t 22 8,374 ~t ~, 7,426 ~t 4, bto ~tm ~,& 8 13,1~ Lot 9 A I 35* of ~t lO, 9,~5 ~t Il A S 25* O~ Let lO; 9,8~5 ~t 12 & i 25t of ~t 13, 9,8~ S 25~ of bt 13, all o~ Lot 14 a~ N 350 oF bt 15, 13,1~ ~t X6 & S25' Of ~t 15, 9,825 PROF~A~TY DI~SCRIPTION ~~ ~0TAG~ ~t 19~ 7~0 ~t 20~ 8,3~ · ~ Of S 2~* 27;~0 V lO0' off N ~* of S 150' Lots X i 3, 13, l~ ~tm 3 ~ 4, 13,1~ ~t 6~ 6,550 Lot 8, 6, 550 Lot 9, 6, Lots lO A. 11, 13,100 Lot 13, 6,5~ ~tm 13 · 14, 13,9~ ~t 15, 7,572 L~t 16, 6, 5~ Lot 1~, Lot 1~, Lot 19, ~t 20, 'Lot 21 & N 25* off ~t 22, Let 23 · S 25~ off ~t 22~ 9,~25 Let ~ 6,5~ ~t 2~, 6, 560 Lot fi, ~t 2, Lot 3, 7,691 Let 4, 7,~1 Lmt 5, 7,691 Lot 6, 7,691 Let 7, 7,691 Let 8, 7,691 Lot 9, 7, Let 10, 7,~1 Lot 11, 7,691 Lot 12, 8,4~ ~t 13, 8,~ ~t 14, 7,691 LO t 15, 7,691 ~t 16, 7,691 ~t 17, 7,691 ~t 18, 7,891 ~t 19, 7,~1 ~t 30, 7,~1 ~t 21, 7,~1 ~t 23, 7, ~t 9~ ~,755 ~t X~, 6, 755 Lot Il, ~t 12, 6,755 ~t 13, ~t 14. ~, 322 ~tm l~ a 16, 14,158 ~t 18, 6, ~t 19, 6, 755 ~t ~ off ~t 21, X0,132 bt ~ ~ I. of Lot 21, 10,132 ~t SUBDIVISION PIt0PI~I~TY Di~SCItXI~ION S~ F~TA~ Lot 25, 6~755 ~t 26~ 6~ 755 Lot 27~ 6~ 755 Lot Lot X, 2;~8 Lot 2, 2; 839 Lot 3; 2;831 Lots 4 & 5, 5,~8 ~t 6, 2,814 bt 7, 2,806 bt 8, ~t 9, 2,772 Lot 10, 2, 7~ ~t Lot 12, 2, 747 ~t 13, 2,730 ~t 14, 2,722 ~t 15, 3,713 ~t. 16 a 17, 5,1~ ~t 18, 8, ~0 Lot 21, 4,~ ~t bt 23; 4,470 bt 28, 4,157' ~t 17, 4, ~7 bt ~; 3; 837 ~t M, 3,730 bt 31, 3,~5 ~t 3~, 3, ~0 bt 33; 3,415 bt ~, 3,310 bt bt '6, 3, ~7 ~t 37; 2,~2 bt ~; 2,782 bt 41, 2,570 bt ~, 2,465 ~t ~, 3,805 ~~P~ bt bt 5, bt' 3; ~t 4, bto 11 i II 108. V 10* 12,~ ~, ~' ~t 13 & V lO~ of ~tl ~1 & 1B~ 7,~0 ~t 14. BLOCK OR S~IBDIVISXON PttOPERTY I~,SCP~PTXON SQU,~Ii; FOOTAGE Di~ ~DA PAItK BLOCK 6 LOt X, 7,500 ' Lot 2, 7,500 ' Lot 3, 7,500 = Let 4, 7, 500 ' LOts 5, 6, & 7 18,000 ' Lot 8, 6,000 ' LOt 9, 6, 000 ' LOt 10, 6,000 ' LOt 11, 6,0DO ' LOt 12, 7,620 ' LOt 13, 7,~20 ' Lot 14, 7,620 = /~t li, 7,620 ' Lot 16, 6,000 ' Lot 17, 6,000 ' Lot 18, 6,000 ' Lot 19, 6,000 ' Lot 20, 6, 000 ' Lot 21, 6,000 ' Lot 22, 6,000 ~ IDA P~RI[ BLOCK § Lot 12, 8,~28 ~ LOt 13, 7,000 ~ Lot 14 & Southwesterly 20~ of Let l§, ~,800 s #ertheasterly 30' of Lot l~ & aauthw®sterly 40~ of' Lot 16, ~,800 ~ Lot l? & Northwesterly 10' of Lot 16, 8,691 LOt · 4,512 DSL IDA PARK BLOCK 8 Lets 3 & 4 12,600 ' LOt 5, 6,000 ' LOt 6, 6,000 = Lot 7, 6,000 ' LOts 8 & 9 12,000 ' Lot 10, 8,280 ' LOt 11, 8,880 said benefits to be determined within the Drain Field area in pro- portion to the benefits whioh will aoorue to said lands. AND BE IT FURTH~ RESOLVED that said speelal assessments against all of the lots and lands as set forth above, which are specially benefited, shall be and remain liens superior in dignity to all other liens, except liens for taxes, until paid, from the date of the assessment upon tho respeetive lots and paroels of land assessed, and whioh shall bear interest at the rate of eight (8) per sent per annum, and whloh may be paid in three (3) equal yearly installments with aoerued interest on all deferred payments. Payment shall be made at the same plaee that taxes payable to the City of Delray Beaoh are paid, namely, at the effioe of the City Tax Celleotor, and upon failure of any property owner to pay any annual installment duo, or any part thereof, or any annual interest upon deferred payments, the City of Delray Beeeh may bring neoessary legal prooeedings by a Bill in Chancery to enforce payment thereof with all acoruod interest, together with all legal easts lnourred, lnoluding a reasonable attor- ney's fee. The total amount of any lien may be paid in Full at any time, with interest from the date of assessment. IT IS 9frJJg~D that the Clt~ ~O~ell shall elt &t tho City h/l, In th~ (~tty ~ Del~y ~, ~~, at ~:~ ~y, Oetobor ~, 10~T, ~r ~ p~ao of ~~ obJ~tiono, ~ ~, on hid p~~ ~~t, aa eot foflh ATTBST**