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04-09-56 APRIL 9TH, 1956. A ~egular Meeting of tile City Commission of the City of Delray Beach, was held in the Commission Chambers at 7:30 P. M., with Mayor Mike Yargates in the Chair, City Hanager W. E. Lawson Jr., City Attor- ney John H. Adams and the following Commission Members attending; W. J. Snow, Catherine E. Strong, Emory J. Barrow and Howard Lee Cromer, the full Commission being present. An opeming prayer was delivered by Rev. J. T. Hayes. Commissioner Cromer moved that the Minutes of the March 26th Meeting be approved as written. Hotion was seconded by Commissioner Barrow and unanimously carried. Hotion was made by Commissioner Barrow that, for considering the solution of the drainage problem in lover Seagate, a petition, signed ,,by 51~ or more of property owners to be benefitted by such drainage, expressing their acceptance of assessment covering the cost thereof to the extent of 80 per cent, be obtained by the City Manager. Hotion was seconded by Co~issioner Snow and unanimously carried. The City Manager was instructed to obtain a definite proposal from the Delray Beach Playhouse Group, relative to and specifically indicating proposed uses for the new theater building and arts cen- ter, for further consideration by the Commission concerning the Lease of City owned land to the Theater Group for such activities. The Commission instructed City Hanager W. E. Lawson Jr., to advise the Cottingham Corporation of the apparent legality for con- tinued identification and use of the "Easement", for public utili- ties, on the West Side of Seabreeze Park, extending from Atlantic Avenue to Lowry Street, as appears on Plat of SEABitE~Z~. P~tK (Block 156) per Plat Book 4 - Page 31, approved by, in acceptance thereof, the Palm Beach Board of County Commissioners as well as the City Commissioners. With reference to the prop, osal of Dr. W. C. Williams, Jr., relative to a dedication for R/W in the SW Quarter of Section 17-46-43, Commissioner Barrow moved that said request be referred to the Planning/Zoning Board for study and recommendation. Motion was seconded by Commissioner Snow. Upon call of roll - Mayor Yargates and Commissioners Strong, Snow and Barrow voted In favor of said Motion, Commissioner Cromer opposed. Conuuissioner Snow moved that the request of the Florida Power & Light Company pertaining in part to the closing of S. E. 1st Avenue from 9th to 10th Streets be referred to the Planning/ Zoning Board. Motion was seconded by Commissioner Barrow and unanimously carried. City Manager Lawson then read Resolution No. 995. A ~SOLUTIoN 0F l~E CITY 0F DELILAY BEACH, ~E0~tlDA, 0aDE/iI~G THE OP~NING AND PAVING OF THAT PAiiT OF S. W. 6TH AVENUE LYING BETVEEN GEtl~ANTOWN ROAD (10TH STitEET) AND SPOFFAitD STttEET. WHE~kEAS, the City Commission of the City of Delray Beach, Florid. a, did, on the 26th day of March, A. D., 1956, adopt a Reso- lution ordering the City Manager to prepare plans and specifi- cations, together with estimate of cost of opening and paving that part of S. W. Sixth Avenue, lying between Germantown ~oad (10th Street) and Spofford Street, to a width of twenty t~o (22) feet, and requiring said plans, specifications and estimate of cost of such improvement to be placed on file in the office of the City ~anager, and 5O APRIL 9TH, 1956 WHEREAS, the City Commission deems it to be necessary for safety and convenience of the public to open and pave said street, NOW, THEr~EFOF&, BE IT ~SOLYED by the City Commission of the City of Delray Beach, Florida, that it is determined to make the following described improvement, to-wit: To Open and Pave that part of S. W. Sixth Avenue, lying be- tween Germantown Road (10th Street) and Spofford Street, to a width of twenty two (22) feet, the total cost, as estimated, for such improvement being $2,500.00. BE IT FURTHF~ HJ~SOLV~D that the entire cost of such improve-. merit shall be shared by the City of Delray Beach, Florida, and the following described properties in Delray Beach, Palm Beach County, Florida, on a basis of the City of Delray Beach paying twenty~(20) per cent of the cost of said improvement and the abutting property owners, said properties shown below, prying eighty (80) per cent of said total cost. 105 feet Lot 12, Delray Manor 105 " " 36, " " 105 " " 60, " 105 " " 84, " " 105 " " 85, " " 105 " " 61, " " 105 " " 37, " " 105 " " 13, " " said benefits to be determined and prorated according to the front footage of the respective properties as set forth immediately above. B~ IT FURTH~t ~ESOLYED that said special assessments against all the parcels of lands as set forth above which are specially benefitted, shall be and remain liens superio~ in dignity to all other liens, except liens for taxes, until paid, from the date of the assessment upon the respective lots and parcels of land assess- ed, and which shall bear interest at the rate of eight (8) per cent per annum, and which may be paid in five (5) equal yearly insta11~ merits with accrued interest on all deferred payments. Payment shall be made at the same place that taxes payable to the City of Delray Beach, Florida, are paid, namely the office of the City Tax Collector, and upon failure of any property owner to,pay the annual installment due, or any part thereof, or any annual inter- est upon deferred payments, the City of Delray Beach may bring necessary legal proceedings by a Bill in Chancery to enforce pay- ment thereof with all accrued interest, together with all legal costs Incurred, including a reasonable attorney's fee. The total amount of any lien may be paid in full at any time with lnterest from the date of assessment. IT 1S 0RDE~D that the City Commission shall sit at the City Hall in the City of Delray Beach, Florida at 7:30 P. M. on the 23rd day of April, Ao D., 1956, for the purpose of hearing object- ions, if any, on said proposed improvements, as set forth above. IT 18 Y~RTHER oRDERED that this llesolution be published once a week for two (2) consecutive weeks in the Delray Beach News. PASSED AND ADOPTED by the City Commission of the City of Delray Beach, Florida, on this the 9th day of April, A. D., 1956. /s/ Mike Yar.gates 5] AP}IlL 9TH, 1956 ATTEST: /s/ ~. D. Worthing City Clerk Co~nissioner Snow moved said Resolution No. 995 be approved and passed on its first and final reading. Notion was seconded by Commissioner Barrow and unanimously carried. With regard to delinquent improvement assessments the Commission requested that all property owners, so related and affected thereby, be notified that payment of past due assessments must be provided for on or before July 1st, 1956, to avoid foreclosure proceedings on properties affected by such improvement assessments. The City ~lanager then read the "Report" from the Planning Board, ~herein said Board recommended that requests for deviation in Seaspray Estates and ~cGlnley-Gosman S/D be denied. Following discussion with ~r. and ~rs. ~m. Pfundston, concerning their request for deviation of set-back requirements relative to pro- posed construction on Lots 21 and 22 In ~eGinley-Gosman S/D, Com- missioner Snow moved ~at ~e request of ~r. Wm. Pfundston be granted. ~otion was seconded by Co~lssioner Strong and unanimously carried. Co~issioner Snow then moved that the "Deviation" request, con- cerning rear-yard requirements for the West 82 ft. of Lot 1, Seaspray Estates, as presented by ~r. Frank DeHlce, owner of said land, be granted. ~lotion was seconded by Co~issioner Strong and unanimously carried. Concerning the offer of ~rs. Rita Nutbrown, on behalf of a client, relatiee to an exchange of Bl~k 50 For ~odel Land Company's Lot T~. 46 So~th, Nge. 43 Eas~; being the S~ of the S~ of the of see. 20-46-43, co~lssioner cromer moved for such exchange of City owned Lot 20, Section 20, T~. 46 South, Hge. 43 East, for Block 50 Delray Beach, Florida, subject to dedication of the 2ouCh forty (40~ feet of said Lot ~0, for a~W p~lrpos~s and subject to the client of Mrs. Nutbro~ assuming liability of expenses incurred in such ex- change to the extent of five hundred (500 dollars, and further sub- ject to the approval of the City Attorney, in obtaining marketable title to Block 50 as evidenced by Title Insurance Policy. ~lotion was seconded by Co~issioner Snow and unanimously carried. Co~issioner Snow moved that Bills, in the amount of ~26,642.87, be approved for payment subject to the approval of the Finance Com- mittee. ~otion ~as seconded by Co~1ssioner Barrow and unanimously carrie d. Co~ss~oner Snow ~then moved for approval o~ the Standard Agree- ment Form between the Florida Power & Light Company and the City of Delray Beach~ Florida, covering the Furnishing of power to operate an additional P~p on the Golf Course. ~otion was seconded by Com- wissioner Strong. Upon Call of ~oll - ~ayor Yargates and Commissioner Strong, Snow and Barrow voted in favor thereof, Co~issloner Cromer being opposed. Co~issioner Cromer suggested the advisability of the City ~anager investigating the possibility of a better and more reasonable arrangement, economically ~ise, ~th the Florida Po~er & Light Company for the servicing of the many and various P~ps in the City. City ~anager La, son ~eU read a letter ~rom Att'y David E. Betts, counsellor for }Ir. Fulton a. Gruver who contemplates purchasing a ten acre tract of land in ~e SW~ of Section 17-46-43, for the potential development of Duplex const~ction, which conforms to present zoning but is prohibited by the New Zoning effective April 25th, 1956, per Ordinance G-234. IPRIL 9TH~ COMMISSIONEAt Snow moved that this matter be referred to the Zoning and Planning Board for study and recommendation. Motion was seconded by Commissioner Cromer and unanimously carried. City Manager W. E. Lawson Jr., then read Emergency Ordinance G-235: AN ~MEtiGh~CY 01tDINANCE 0F THE CITY 0F D~AY BEACH, ~LOalDA~ ~I~ING T~T ~L ~PLICATIONS F0a BUILD- ING PEi~ITS INVOLVING INP~0~NTS FACING 0CE~ BLVD., ~'FECTING Pi~0PEHTY IN ~Y ~LTIPLE F~ILY DISTalCT, ZONE a 3 BE ~FE~ED T0 T~ CITY COMMISSION FOa 1TS ~P~t0V~ BEF0~ SUC~ P~IlTS SH~ B& G~NT~D: P~0VIDING A ~~ING CLAUSE ~D FUitTHEH P~0VIDING A. SAVINGS C~USE. ~~, Ocean Boulevard is one of the ~ain thoroug~ares in the City of Delray Beach, Florida, and the preservation of the public health and public safety are directly concerned with any buildings erected thereon, and WHEREAS, the i~ediate, preservation of the public health and public safety are dependant upon the buildings erected on Ocean Boulevard~ NOW TflE~FOilE, BE IT 0i~DAIN~ by the City Co~ission of the City of Delray Beach, Florida, as follows: l. That after the 9th day or April, A. D. 1956, any application for a building pe~it involving improvements to be erected facing Ocean Boulevard within the Sultiple F~ILY DWEI~ING DISTRICT being' ZONE R 3, shall be referred to the City Co~ission for its approval begore such permit ~all be granted. 2. All ordinances or parts of ordinances insofar as they may be inconsistent or in conflict with the provisionz of this ordin- ance are hereby repealed. 3. That if any section, sub-section, paragraph, sentence, clause or phrase of this ordi~nee or the application of same to any particular set of persons or circumstances shall for any reason be invalid, such invalidity shall In no wise effect the remaining portions of ~is ordinance as to such and the various provisions of this ordinance are declared to be severable. PASSED ON FliiST ~D FIN~ ~ADIN6 this the 9th day of April, A. D. 1956. ~s/ Mike Yargates M ~'YO R -- {Seal) ATTEST: /s/. R. O. Worthing City Clerk Commissioner Cromer moved for adoption of Emergency Ordinance No. 0-235. Motion was seconded by Commissioner Barrow and unanimously carried. Commissioner Cromer then advised the Commission that J. P. Carroll had re-established service of the Wellt at the entrance to the Water Plant, at a cost of between ~600. and ~700o The.t` Commission had re- cently approved an~ estimated expenditure of $2,500. for this project and in view of the approximate savings of ~1,500.00, Commissioner Cromer moved that ~1,500. be appropriated for re-servicing a second well which has been out of operation for some time. Motion was 53 ~PRIL 9TH~ 1956 seconded by Co~nissioner Barrow and unanimously carried. The City Manager then read a letter from Mr. Doyle Horgan, who expressed his sincere appreciation for the cooperation of the Com- mission during the past three years. Commissioner Strong moved that a Resolution be drafted by the City Attorney commending Doyle for his untiring efforts and achiev- ments while serving Delray Beach Chamber of Commerce. Motion was seconded by Commissioner Snow who further requested the Resolution be suitably framed. Motion carried unanimously. City Manager Lawson advised of having received one bid for appraising the Golf Course, as previously requested by the Com- mission, and is awaiting an additional appraisal from a Ft. Lauder- dale firm. Commissioner Snow expressed a desire for a survey of the lands comprising the Golf Course. The City Hanager then informed the Commission relative to the request of the Florida Power & Light Company that S. E. 9th Street, from the F. E. C. I~/W to S. E. 2nd A~enue be paved at the expense of Florida Power & Light Company. Commissioner Barrow moved that the City Manager proceed to arrange with Florida Power & Light Company to provide for__ ay' S. E. 9th Street between S. E. 2nd Avenue and the E'ly R/wPoflng the F. E. C. ~. Motion was seconded by Commissioner Strong and unanimously carried. Meeting adjourned. /.s/ R. D. Worthin~ City' Clerk A~P~OVED: M AY 0 ~t 54