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01-09-56SpMtg JANUARY 9th, 1956. SPECIAL )~EETING A Special Heeting of the City Commission of the City of Delray Beach, was held in the Comnt~ssion Chambers at 7;20 P.M, with ~ayor H. Yargates in the Chair, City ~anager W. E. Lawson Jr., City Attorney John H. Adams and the followin& Comission Hembers being present; Catherine E. Strong, W. J. Snow, Emory J. Barrow and Howard Lee Cromer. City Hanager Lawson read Resolution No. 992, establishing 7:30 P. H., on the second and Fourth ~ondays of each and every month as the Commission Meeting dates For Regular Session during the current year or until Further notice. Resolution No. 992° ~I~EREAS, it is deemed For the ~est interests of the City and For the public, the City employees and The City Com~ission, that the regular meetings of the Comission be held in the evenings. NOW, THEREFORE, BE IT RESOLVED, by the City Commission of the City of Delray Beach, Florida, that the regular meetings of said Commission be held henceforth at the hour of 7:30 P. ~. on the second and Fourth ~ off each and every month, the 'next regular meeting pursuafit to said change to Be held at the hour of 7:30 P. H. on the 9th day of Januar[t !956. Passed in Special Session this the 9th day of Januar~t .195.6. ,, /s/ Mike , ,r at,es .... ~ayor (SEAL) R?TEST: City Clerk Commissioner Barrow moved For adoption of Resolution No° 992, as read. Hotion was seconded by Commissioner Snow and unani- mously carried. geeting Adjourned. City Clerk APPROVED: ayor JANUARY 9th, 1956· A Regular Meeting of the City Commission of the City of Delray Beach., was held in the Commission Chambers at 7:30 P. M. with Hayor M. Yargates in the Chair, City Manager W. E. Lawson, Jr·, City Attorney John H. Adams and the Following Commission Members being present; Catherine E. Strong, W. J. Snow, Empty J. Barrow and Howard L. Cromer. An opening prayer was delivered by Rev. Rudolph J. K~yl· Commissioner Strong moved that the Minutes of the January 3rd meeting be approved as written. Motion was seconded by Commissioner Cromer and unanimously carried. Commissioner Barrow moved that limes & Himes be appointed City Auditors 'flor the current fiscal year. After general discussion it agreed, unanimo~sly, that the City Manager should obtain per diem rates From two (2) or more other qualified auditing Firms, submitting same at the next meeting. Commissioner Barrow then withdrew his motion· The City Hanager then reviewed the File, and recent inffo~mation recSived, pertaining to the water problem, as caused by recent action of the State Health Board. Hanager Lawson Further advised that a repre- sentative of the Smith & Gillespie Engineering Firm would be in the City by the end of the week to submit a report and recommendations resulting From a conference by Smith & Gillespie with the State Health Department. In regard to consensus of opinion that possibly a misunderstand- lng had occurred in the office of the Health Department Commissioner Cromer informed the Commission that there was no misunderstanding nor doubt as to the action of the State Health Board, From which department the Commissioner had been definitely advised that the Board would take a similar stand concerning the development of any new sizeable sub- divisi°nC;mmissioner Cromer then moved that the~ City Hanager be author- ized, upon concluding a conference with representatives of Smith & · Gillespie, to contact Dr. W. T. Sowder, Chairman of the Board of Health, in Tallahassee, in the manner of an appeal From the Jacksonville decision and obtain whatever comment or advice might be Forthcoming from Dr. Sailer before proceeding Further on this matter. Motion was seconded by Com- missioner Strong and unanimously carried. City Manager Lawson then presented the request of the Seacrest Hotel for Cabana service in front of the hotel. Mrs. Cottingham Allen stated the cabana service, as now estab- lished, had been successful and satisffactory for the past few years and therefore recommended no change. Hayor Yar~ates then requested that the following quotation From the letter submitted by the Committee be made a part of the minutes. "From past experience, the areas designated on the public beach for use of concessioned cabana service were carefully worked out For the best interest of the public at large, and the Committee would not recommend any change in these areas. However, the open areas of the beach are available For any individual who wishes to use them. Looking to the Future, the Committee Feels that if the use of cabanas in the open areas causes any confusion, action would have to be taken to control the situation.* Hr. John Smith, cabana concessionaire north of the pavilion, stated he desired the matter settled to the satisfaction of the Com- mission and the Beach Committee. Commissioner Snow then moved that the Beach Committee handle the situation as they had recommended. Motion was seconded by Com- missioner Cromer and unanimously carried. JANUARY 9th, 1956. City Hanager Lawson then brought up for discussion the West Side Swiping Pool project. 'Commissioner Snow moved the matter be placed in the hands of the Inter-Racial Committee and they be informed the amount of money which had been budgeted for this project and that said Com~i%t®® be instructed to approve and recommend a location, as well as investigate and approve plans for the swimming pool. Hotion was seconded by,'Oom- missioner Barrow and unanimously carried. The City Manager then advised the Commission that the Barber's Ordinance No. 226, would become effective at the end of the month and in order for it to function, a Board of Examiners must be ap- pointed. The local Barbers submitted the following names: Waldo C Husgrave - President, ¥ice-P~es., N. G. Dean or Ralph Longbot%om and as a third Hember, Fred Kitchens or Days Richardson. Commissioner Str~ng then moved that Waldo C. Husgrave head the Board of Examiners and that Wilton Lee and Fred Kitchens serve on the Committee. Hotion was seconded by Commissioner Snow and unanimously carried. City Manager Lawson then urged that a clarification of policy regarding the City's participation when trees are planted in new subdivisions, be ~ade. The Hanager further advised of a request~ from Totterdale, Inc., that the City supply and water the Royal Palms in Seagate Extension and those that H~. Totterdale intends to plant on the basis of a letter dated February 24th, 1954 from the prior City Hanager. Commissioner Barrow then moved that the City. Hanager cont"ct Hr. To%terdale concerning possible rental of the City Water tank and Commissioner Cromer, with approval and consent of Co~missioner Barrow, amended the motion to include "drawin& up a Hesolution that would, in the future~ provide for trees to be set back on a line Behind future sidewalk construction." Hotion was seconded, as amended, by Commissioner Cromer and unanimously carried. Hr. C. Herrick Hammond then submitted, for apprOval, aplat of the West 254.4 ft. of Lot 1, Block "E" Palm Beach Shore Acres. Co~missioner Barrow moved for referral of said Plat to the Planning Board/Zoning Commission for their study and recoNendation. The motion was seconded by Commissioner Snow and unanimously carried. City Hanager Lawson then read a letter from the Chamber of Commerce - 'DELP~Y BFACH CHAHBER OF CO~qERCE DELRAY BEACH, FLORIDA January 9, 1956 Delray Beach City Commission Delray Beach, Florida Ladies and Gentlemen: At its regular December meeting the Board of Directors of this organization went on unanimous record favoring the establishment of an active Chamber of Commerce InduStrial Committee for the purpose of establishing a program to attract light, clean industries to this area. The Industrial Committee has been appointed, with Paul Knowles serving as Chairman, assisted by Art Wortham, Bob Coleman, Bill Lawson, Dick Totterdale and the Chamber officers. JANUARY 9th, 1956 Before commencing with the extensive research necessary to form a sound foundation for an industrial program, it is the desire off the Board of Directors and Committee members to have the sanction and full backing of the City of Delray Beach, Your official recognition of this Committee will be greatly appreciated. Although agriculture and tourism are our major in- come producers, there is a growing need for more year- round job opportunities, which we feel that industry will bring. Under leadership of such men as Mr. Knowles and his associates, we may rest assured that only in- dustries which fit into the Delray Beach picture will be encouraged through this program. Looking forward to your favorable action, and with best wishes, we are, Cordially yours, DELRAY BEACH CHAHBEH OF COH~fEHCE /S/ William F. Koch President." concerning their Industrial Committee and its purpose and wherein Comittee Member appointments were outlined as follows - Paul Knowles to serve as Chairman, assisted by Art Wortham, Bob Coleman, Dick Totterdale and the Chamber officers. Commissioner Snow then moved that the Commission endorse the Chamber of Commerce program in an effort to bring in light, clean industry. Motion was seconded by Commissioner Barrow and unani'- mously carried. The City Manager then read Ordinance No. 228. ORBINANCE G-228 AN OHDINANCE OF THE CITY COH~ISSION OF THE CITY OF DELHAY BEACH, FLOHIDA, LEVYING THE ASSESSHENTS AS SHOWN BY THE ASSESSHENT ROLL SUBMITTED BY THE CItY HANAGER OF SAID CIT~ CONCEHNING THE OPENING, GHADING AND PAVING OF S. W. SIXTH AVENUE BETWEEN ATLANTIC AVENUE AND So W° THIHD STREET. WHEREAS, the City Manager of the City of Delray Beach, Florida ~has, in pursuance to the Charter of said City, submitted to the City Commission for approval, a report of the cost, and the assessment roll for the opening, grading and paving of S. W. Sixth Avenue be- .tween Atlantic Avenue and S, W. Third Street to a width of twenty two (22) feet, and WHEREAS, said report and assessment roll were approved by the City Commission in regular session on the 13th day of December, A.D. 1955, 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 hearing objections to said assessment roll, and WHEREAS, no sufficient objections were received to the con- ffirmation off the assessment roll, NOW, THEREFORE, BE IT ORDAINED by the City Com~ission of the City of Delray Beach, Florida, as follows: JANUARY 9th, 1956. SECTION 1. The assessments, as shown by said assessment roll, which is annexed hereto and made a part hereof, are hereby levied against the property sho~n and in amounts sho~n on said assessment roll, said assessments to be paid in five (5) equal annual installments, together ~rlth interest at the rate of eight (8) per cent Der annum, the first installment becoming due and payable on January loth, 1956, and on the loth day of January for the next ensuing Four(4) years; and said special assessment, so levied, shall be a lien from the date the assessment becomes fective, upon the respective lots and parcels of land described in said assessment roll, Qf the 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 the 9th day of January, A. D., 1956. /S/ Hichael Yar~ates HAYOR (S~aL) ATTEST: /S/ R. Worthi. City C1 erk 1st Reading - - - December 27, 1955 ·nd Reading - - - January 9, 1956 Passed & Adopted - January 9, 1956. ASSESSHENT ROLL Opening, Grading and Paving of South West Sixth Avenue, from Atlantic Avenue to S. W. Third Street. Description Front Front Ft. TOTAL of Property O~ner Footage Assessment ASSESSH~NT N. 100' of E. 100' George P. Coleman 100 $ 2.6774 $ 267.74 of Block 13 S. 50' of N. 150' Willie & Odessa 50 133.87 of E. 135' of Blk. 13 Stokes S. 50' of N. 200* of Church of God 50 133o87 E. 135' of Block 13 by Faith S. 50' of N. 250' of Susie Browning 50 133.87 E. 135' of Block 13 S. 50* of N. 300* of Elisa Edgecombe 50 133.87 E. 135' of Block 13 N. 50* of S~ 300' of Birdie Hae Gross & 50 133.87 E. 135' of Block 13 Ruby Gross-Schumake N. 50' of S. 250' of Ira B. & Rosa Lee 50 133.87 E. 135' of Block 13 Johnson N. 50' of S. 200* of Viola Plummet 50 133.87 E. 135' of Block 13 N. 50' of So 150' of Pauline Rise 50 133.87 E. 135' of Block 13 JANUARY 9th, 1956. Description Front Front Ft. TOTAL of Propert~ O~ne~ Footaae Assessment ASSESSMENT N. 50'.of S. 100' of Nellie Clem 50 ~2.6774 133.87 E. 135' o£ Block 13 S. 50' of E. 135' of C.J. & Hattie 50 133.87 Block 13 Whitehead N 100' of E. 135' Rosa Campbell 100 267 74 Block 14 S. 50' of N. 150' o£ Roster & Lela 50 133.87 E. 135' of Block 14 Quince S. 50' of N. 200* of Catherine Lewis 50 133.87 E. 135' o£ Block 14 S. 77* of N. 277* of Elliott & Doris 77 206.16 East 135' of Blk. 14 Roll, N. 50' of S. 335' of Lorenzo & Hester 50 133.87 E. 135' of Block 14 Strainge N. 50' of S. 285* of Lewis & Hattie 50 133.87 E. 135' of Block 14 Fashav N. 50' of S. 235'of Frances Farrington 50 133.87 E. 135' of Block 14 N. 50' of S. 185' of John Rollins 50 133.87 E. 135' of Block 14 S. 135' of E. 75' of Carolina Washington 135 361.45 BloCk 14 N. 106' of E. 33.1' H.G. Poitier 106 283.80 of Block 15, Lot 52 Lot~ 46 & 47, Blk.15 A. Simon Essa 50 133.87 Lots ~ & 45, Blk.15 Harie & Hichael Dean 50 133.87 Lot" 43, Block 15 Delray Beach Land Co. 25 66.94 Lots 41 & 42, Blk.15 Paul & Hary Bradvell 50 133.'87 Lo~s 39 & 40, Blk.15 A. & J. Const. Co. 50 133.87 Lots 37 & 38, Blk.15 Cleveland & Harion 50 133.87 Schuler Lot 36, Block 15 Delray Beach Land Co. 25 66.94 Lots 3'5 & 34, Blk. 15 Viola Potter 50 133.87 Lots 32.& 33, Blk. 15 Harion Davis 50 133.87 LOt 31, Block 15 Herman Clear, 106 283.80 N 110' of the W. 75* John H. Adams & 110 294.54 of ~lock 21 R.D. Worthing $. 50' of N. 160' of Amos & Bessie 50 133.87 W. 135' of Block 21 Kirkland S. 50' of N. 210' of Amos & Bessie 50 133.87 W. 135' of Block 21 Kirkland S. ~0' of N. 260' of Eliza Pryor 50 133.87 W. 135' of Block 21 JANUAB~ 9th, 1956. Description Front Front Ft. -TOTAL of Propert~ Owner Footage Assessmeq~t S. 50' of N. 310' of Richardson & Ora 50 $2.6774 $133.87 W. 135' of Block 21 Horrow S. 50' of N. 360' of Alice DeLores 50 133°87 W. 135' of Block 21 Jenkins N. 50' of S. 240' of Florence Frith 50 133'.87 W. 135' of Block 21 N. 40' of S. 190' of Robert L. & RubyLee 40 107.1'0 W. 135' of Block 21 Stephens N. 50' of S. 150' of Robert & Herle Rolle 50 133.87 W. 135' of Block 21 N. 50' of S. 100' of Smuel & Hattie 50 133.87 W. 135' of Block 21 Rahmings S. 50' of W. 135.2' Olivia Thompson 50 133.87 of Block 21. Lot 1, Block 22, glliott & Doris 76.5 204.82 Rolle Lot 1, Block 22, Elliott & Doris 76.5 204.82 Rolle Lot 3, Block 22, Hatthew Rahming 76.5 204.82 Lot 4, Block 22 Ann Allen 76.5 204.82 N. 50* of S. 306' of John & Hamie Young 50 233.87 W. 135.51 of Blko 22. S. 50' of N. 100' of John & Mamie L. 50 133.87 W.' 135' of S~ of Young Block 22. S. 50' of N. 150' of Annie Williams, 50 133.87 W. 135' of S~ of Knnie Grace Russell, Block 22 & Edith Russell. N. 21' of S. 156' of Hamie L. Young 21 56.23 W. 135' of the S~ of Block 22 S. 135' of W. 87' of Hichael & Harie 135 361.45 Block 22 Dean Lot 13, Block 23 Ebenezer Wesleyan 50 133.87 Church 'Lot 14, Block 23 J.R. & Belle Evans 50 133.87 Lot 15, Block 23 J.R. & Belle Evans 50 '133.87 Lot 16, Block 23 Dave & Della Jones 50 133.87 Lot 17, Block 23 Bertha Preston 50 133.87 N~ of Lot 18, Blk. 23 Emma Reynolds 25 66.9~ S~ of Lot 18, Blk. 23 Gussie Flint Johnson ;~25 66.94 Lot 19, Block 23 Charles & Matilda 50 133.87 Johnson JANUAHY 9th, 1956. Description ~.Fron~ Front Ft. TOTAL of Property O~ner Footage Assessment ASSESSMENT Lot 20, Block 23 Hary Patman 50 $2.6774 ~ 133.87 Lot 21, Block 23 Norman & Pearl Ivy 50 133.87 Lot 22, Block 23 Otis & Lorlne Harmon 50 133.87 Lot 25, Block 23 Viola Plummet 112.2 300.40 3648.2 $9,767.73 Survey & Plans ~ 179.00 Hesolution 946 52.40 Adver. for bids 2.15 Adver. for bids 1.83 Assesstm Holl (Est) 49.50 Ordinance (Est) 3.85 288,73 CONTRACT (Rubin) 9479°00 $9767.73 Motion for adoption of Ordinance No. G-228, on second and final reading, was made by Comissioner Stron~ Seconded by Com- missioner Snow and unanimously carried. City Maria&er Lawson then read Ordinance No. 229. ORDINANCE 6-229. AN ORDINANCE OF THE CITY COH~ISSION OF THE CITY OF DELHAY BEACH, FLOHIDA, LEVYING THE ASSESSHENTS AS SHOWN BY THE ASSESSHENT ROLL SUBHITTED BY THE CITY HANAGEH OF SAID CITY, CONCERNING THE OPENING, GRADING AND PAVING OF THAT PAHT OF N. W. SECOND AVENUE LYING ~ ~ BETWEEN FIFTEENTH (15th) STHEETAND GHOVEWAYo WHEREAS, the City Hanager of the City of Delray Beach, Florida has, in pursuance to the Charter of said City, submitted to the City Co~mission for approval, a report of the cost, and the assessment rbll for the opening, ~radin~ and pavin~ of that part of N. W. Second Avenue lying between Fifteenth (15th) Street and Grove Way, to a width of twenty two (22) Feet, and WHEHEAS, said report and assessment roll were approved by the City Co~ission in regular session on the 13th day of December A.D. 1955, and ~HEHEAS, due notice concernini said assessment roll was Liven by'advertisement by the City Clerk, in accordance with the City Char- ter of said City, for the purpose of hearin~ objections to said as- sessment roll, and WHEREAS, no sufficient objections were received to the con- ffirmation of the assessment roll, JANUARY 9th, 1956. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the' City of Delray Beach, Florida, as follows: SECTION 1. The assessments, as shown by said assessment roll, which is annexed hereto and made a part hereof, are hereby levi'ed against the property shown and in amounts shown on said assessment roll, said assessments to be paid in five (5) 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 January lOth, 1956, and on the 10th day of January for the next ensuing Four (4) 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, of the same nature and to the same extent as the lien for general taxes, and shall be collectible in the same manner ~nd with the same penal- ties and under the same privisions as to sale and forffeiture as City- taxes are collectible. PASSED in Regular Session on second and Final reading on this the 9th day of January, A. Do, 1956. /S/ . Hichael Yar~ates HAYOR (SF.~.L) ATTEST: /s/ R. ,D. Worthin , , City Clerk First Reading - December 27, 1955 Second Reading January 9, 1956 Passed & Adopted January 9, 1956 ASSESSMENT ROLL Opening, grading and paving of that part of N. Wo Second Avenue between 15th Street and Grove Way. Description Front Front Ft. TOTAL of Property Owner Footage Assessment ASSESSMENT E. 125' of S½,S~,S~,of James J. & Helen 141.6 $ 1.87 $ 264.79 Lot 14, Sec. 8, Twp. N. Healey 46S, Rge. 43E. less N.25' & E.25' Lot 4, Block 4, Corrine 110.04 205.77 Ida Lake Terrace S/D. Wuertenbadher Lot 3, Block 4, Edith B. & Edw. C. 110 205.70 Ida Lake Terrace S/D. Parker LOt 2, Block 4, Hazel A. & Wendell 110 205.70 Ida Lake Terrace S/D. L. Lasher Lot 1, Block 4 Karl L. & Helen 115.26 215.54 Ida Lake Terrace S/D. Marie Ernst ." S~, S~, S~, of Lot 6, Oliver J. R. & 141.6 264.79 Sec. 8, Twp. 46S, Rge. Jane D. Troup 43E. less E. 554' & less W. 25' & N. 25' R,/~'s. JANUARY 9th, 1956. Description Front Front Ft. TOTAL o_f Pro, petty Owner Footage .A. Ssess~ent ASSESSNI.~T W. 189.7' of the N~, of Ethel B. Hoots 165 $ 1.87 $ 308.55 NE~ of Lot 7, Sec. 8, Twp. 46S, Rge.. 43E, less the W. 25t $~ of the NE~ o1' Lot 7, Jonathan & Hildred 165 308.55 Sec. 8, Twp. 45S, Rge. W. Thorne 43E, less the Lot 6, The Grove S/D. Walter K. Lennox 146.7 274.33 1205.2 $2,253.72** Survey & Plans $ 132.00 Adver. for Bids 3.85 Resolution 965 23.10 Assess~m. Roll (Est) 12.35 Ordinance (Est) 3.85 175.15 CONTRACT (Carver) 2642.00 $2817.15 20~ 563.43 City's share of expense (Per policy estab. 6/14/55) ** 80~ 2253.72 TO BE ASSESSED Commissioner Snow moved for adoption of Ordinance No. G-229 on second and final reading. Motion was seconded by Comuissioner Barrow and unanimously carried. Yhe City Manager advised that the Planning Board, though having convened, did not submit a Report for hearing at th~s meeting. Comissioner Strong moved that Bills in the amount of $33,253.96 be approved and paid subject to the approval of the Finance Committee. Hotion was seconded by Commissioner Barrow and unanimously carried. Commissioner Cromer moved that Attorney Neil MacHillan be quested to continue as legal counsel for the City of Delray Beach in the handling of the case filed by Att~y. Francisco A. Hodriquez, of Tampa, Florida on behalf of various members of the Negro race, until said case is concluded. Hotion was seconded by Commissioner Strong and unanimously carried. There being no Public Requests, the meeting adjourned. ,, ./si R. D. Worthing City Clerk APPR0 YED: MAYOR