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01-25-55 225 JANUAitY 25TH, 1955. A ltegular ~leeting of the City Commission of the City of I)elray Beach, Florida, was held in the Commission Chambers at 2:30 P.S., with ¥ice-}layor Emory J. l~arrow in the Chair, City ~laxmger 14. E. Lawson Jr., Harry Newett, ~ity Attorney and the following Commission }lembers present: Catherine E. Strong, Glenn B. Sundy and W. Cottingham Allen, a quor~ being present. An opening prayer was delivered by Father J. J. Kellaghan. }linutes of the Janusry llth, 12th and 18th meetings were approved as written, upon ~otion of Co~issioner Strong, seconded by Co~issioner Allen and unanimously carried. There followed a discussion of the nec~d for a sidewalk on ~tlantic Avenue from SY 2nd Ave. %o SY 5th Ave., and the Comm~ion recognizing ~is need agreed to rock this much needed walk-way as a temporary measure. Commissioner Strong moved that a sidewalk be installed from 8th Street northward to the corporate city limits on the East Side of NE 2nd Avenue, the cost to be equally shared between the City end the abutting property owners on a front foot basis. }lotion was seconded by Commissioner Allen and unanimously carried. Relative to the request of ~'alter He~'tz for extension of SW 10th Street west from its intersection with Co~sissioner Allen moved that the Uity Attorney be instructed %o draw up a iiesolution for consideration at a subsequent meeting and that the City }lanager be instructed to advise the Planning Board of the action taken arid invite their early consideration this matter and co~ent thereon. Seconded by Commissioner S~ndy and um~nimously earcied. ~hicI~ leill coae before tLe Parole Board this month, it ~as unani- mously agreed t~at no action ~ould be taken by the p~esent Commis- sion as no member of saree ~as on the Council durin~ the period of alleged embezzler~:ent and subsequent conviction. ~ommissione~ Sundy moved that the City secure ~110, 000. 00 to pu~'chase land for off-street parking facilities and to instruct the ~ity Attorney to take the necessary steps for issuance $110, 000 . 00 of Special itevenue Certificates pledging the Electric Franchise Tax ltevenue in payment tt!ereof. }lotion ~as seconded by Comn~issioner Strong and unanimously ca~ried. F~irther discussion relative to the future ip~prove~t of NE and Avenue resulted in Commissioner Strong requestin~ the ~ity }lanager to contact property o~e~s in the firs~ block north from ~. Atlantic Avenue on ~nd ,ivenue to determine their ~illininess in ~he shari~ of NE ~nd Avenue ~'idenin[ kxpense as ~ell as obtain- ing additional right-of-way to permit a 70 ft. street. Co~aissioner Strong moved that the request of }lt. ~. S. Ca,per for re-zoning Lot 34, ~lock 13, Del Ida Park, from "ltesidential" to "~asiness" be denied. Seconded by Commissioner Allen and unaimousl~ carried. AttomTey Francisco A. itodriquez, of 703 Harrison Street, Tampa, Florida, on behalf of the aelray Beach Civic League, read a Petition regarding the present status of Beach and other public facilities set apart for public recreation specifically a~fecting the Negro aesidents - Taxpayers - Voters of Delray Beach, and in accordance ~ith Attorney ~lodriquez' request~ said Petition is in- corpora, ted herein and made a part of these minutes. JA~NUAitY 25Tli, 1955. PETITION TO: TIlE IiuNOHABL~ W. J. SN~)W, as Mayor of ~]]e City of Delray Beach, Florida Mr. WILLIAM LAWSON, as City ~lanager of the ~ity of Delray Beach, Florida and Mrs. Catherine Strong, Mr. Emory Barrow, Mr. ~. C. Allen and Mr. Glenn Sundy, all uity Commissioners of the City of Delray Beach, Florida. KNOW ALIA }iEN BY THESE PiikSiNTS, that the below named signatories as residents, taxpayers and electors of the incor- porated municipality of Delray Beach, Florida hereby petition the above municipality through its elected officials and agents alleging certain omissive abuses which will hereinafter be set forth and for their prayer respectfully submit: ~. That all of the signatories are residents, taxpayers and electors of the City of Delray Beach, Florida, residing with- . in the corporate limits of said city. 2. That it follows from %he foregoing that the petition- ers and all others similarly situated are entitled to free and unrestricted use of all public facilities. 3. That the City of Delray Beach, Florida owns and main- tains an improved beach within the corporate limits of the City of Delray Beach, Florida, the same having been set aside For public use. 4. That the petitioners herein and others similarly situated solely because of their race and ancestry have been denied the use of said beach and other public facilities set apart for public rec~'eation; that the ~ity of D, lray Beach has not permitted the use of this beach within the corporate limits of this city by Detitioners who are members of the Negro race and has offered no alternative relief in the premises for thi.- deprivation. 5. Petitioners respectfully urge that this action on the part of the City of Delray Beach deprives them and others similarly situated of the Equal Protection of Laws as guaranteed by the Constitution of the United States of America and the Constitution of the State of Florida, WR~FOP&, petitioners submit this plea in bona fides praying that they be granted immediate and unrestricted use of the beach owned and maintained by the ~ity of Delray Beach, Florida and, Petitioners further request a dispositive answer to this plea within a period of fifteen (15) days. ~espectfully submitted, /S/ ..~m. Hardwick /s/ ..George S. McKay /s/ L. L. Youngblood /s/ Ozie F. Youngblood ~p/ Clinton J. Freeman /s/ Lens Brunner /s/ Leroy B. Saine /s/ J.A. ~aldwin, Jr. /s~ Lervi -aniels /s/ Lee ~lonroe Dated at Delray Beach, Florida this 25th day oF January, A. D. 1955. 227 JANUARY 25TH, 1955. The City Manager then read the following Resolution. i~ESOLUTION NO. 945 A ~SOLUTION OF THE CITY COMMISSION OF I~IE CITY OF DkLHAY BEACIi, FLOi~IDA, Oi[DERING THE OPENING, G~IADING AND P4VING OF S. W. Mhd AVENUE BETWEEN TIIIHD AND FOUHTH STiLEETS. WI~iiEAS, the City Commission of the Oity of Delray Beach, Florida, did, on the 28th day of December, A.D., 1954, adept a Resolution ordering the City Manager to prepare plans and specifications and estimate of cost of opening, grading and paving that part of S. W. Mhd Avenue, lying between 3rd and 4th Streets, to a width of twenty-two (22) feet, and requiring said plans, specifications and estimated cost of such J~prove- ment to be placed on file in the office of the City Manager, and WHE~AS, the City Commission deems it to be necessary for the safety and convenience of the public to open, grade and pave said part of S. W. 2nd Avenue, described in the foregoing para graph, NoW, T~E~EFORE, BE IT I~ESOLVED by the City Commission of the City of Delray Beach, Florida, that it is determined to make the following described improvement, to-wit: The opening, grading and paving of S.W. 2nd Avenue between 3rd and 4th Streets, to a width of twenty-two (22) feet, the total estimated cost of such improvement being ~3,000.00. BE IT FUItTIiER i{ESOLVED that the entire cost of such im- provement shall be assessed against the Following described properties in Delray Beach, Palm Beach County, Florida: North 140 ft of the West 140.6 ft of Block 56; South 200 ft of the West 100.0 ft of " 56; All of Block 56 LESS the following Exceptions W 146.6 ft of E 166.6 ft of N 182 ft., also W 140.6 f% of N 140.0 ft of, also W 150.2 ft of S 200.0 ft of, also W 137.0 ft of E 157.0 ft of S 433.53 fi; Ail of Block 48; said benefits to be determined and prorated according to the front footage of the respective properties as set forth imme- diately above. BE iT l. UltTHhlt dkSOLVED that said special assessments against all the parcels of lands as set forth above which are specially benefited, shall be and remain liens superior in dignity to all other liens except liens for t~xes until paid, from the date of the assessment upon the respective lots and parcels of land assessed, and which shall bear interest at the rate of eight percent per annum, and which may be paid in five (5) equal yearly installments with accrued interest on all deferred p~yments. Payments shall be made at the same place that taxe:'. ~2~.ble 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 any annual install- ment due, or any part thereof, or any annual interest upon deferred payments, the City of Delray Beach may bring neces- sary legal proceedings by a Bill in Chancery to enforce payment 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 interest from the date of assessment. JANUARY 25Th, 1955. It is Ordered tt~t the City Commission shall sit at the City Hall, in the City of Delray Beach, Florida, at 2:30 P.M., on February 22nd, 1955, for the purpose of hearing objections, if any, on said proposed improvement, as set forth herein. It is Further Ordered that this iiesolution be published once a week for two (M) consecutive weeks in the Delray Beach Journal. PASSED AND ADOPTED by the City Commission of the ~ity of Delray Beach, Florida, on this the 25th day of January A. 1955, ~s/ E. O. Barrow Vi'cd-~ayor A3YEST: /s/ ii. D. Worthing ~itf ¢l~rk Con~nissioner Sundy moved that ~esolution No. 945 be adopted. Motion seconded by Commissioner Allen and favored by Vice-hayer Barrow. Commissioner Strong did not vote as she felt that, due to the prior cereal%merit by the Commission, SW 6th Avenue opening, gradin~ and paving should be, by virtue of priority, accomplished before the SW Mhd Avenue project. The City Manager advised that he would obtain bids imme- diately on the SW 6th Avenue project for presentation to the Commission on or before the next regular meeting. The City Manager read the following Ordinance. OitDINANCE NO. G-MOO. AN OqDINANCE OF T}H~ CITY COPPlISSION OF THE CITY OF I)~EilAY BEACH ~E0iilDA, ~IENDING SUB-PAHAGHAPH (3), PARAGRAPH (el, SECTIvN 5, ~LWD SUB-t'AiLAG~IAPH (b), PAKAGRAPH (o) SECTION 7, OF CttAPTER XX OF THE CITY CODE of TIlE CITY OF DELHAY BEACH, F~0RIDA, BY VIDING FOtt TEN FOOT MINIMUM SIDE-YARD SET-BACK IN AP~tTMENT AND SPECIAL HOTEL OISTttICTS. Conunissioner Strong moved that Ordinance No. G-MOO be placed on first reading, seconded by Commissioner Allen. Vice- Mayor Barrow and Commissioners Strong and Allen voted in favor thereof, Commissioner Sundy opposed. The City Manager then read the following 0rdinanee. OKD!N~hNCE NO. G-M01. AN O~DINANCE OF Tile CITY C0>iMISSiON Ok TIlE CITY OF D~LitAY BEACtt, ~LO~ilDA, BROVIDING M1NI~ib~I SET-BACK OF TWLNTY-I'IVE F~T ON OCEAN BOULEV~iD. (A-l-A) Commissioner Allen moved that Ordinance No. G-201 be placed on first reading and said motion was seconded by Commissioner Strong and unanimously carried. The City Nanager then read the following Ordinance, JANUAitY 25TH~ 1955. O~DINANCE NO. 6-202 AN OttDINANCE OF THE CITY CO~L~IlS~ION OI,' THE CITY OF D~i~Y ~EAC~, FLO~IDA, ~IENDING OI~DIN~CE NO. 6-75, BY P~OVIDING LOCATI()N NUNB~S FO~ EACH T~VE ~ ONE-H~F FE~T IN BUSINESS DIST,(ICeS. Commissioner Stron~ moved that Ordinance No. 6-202 be placed on firs~ reading, seconded by Co~issioner Alien and unanimously carried. The temporary Code Board submitted a proposed ordin~ee relating to General Contractors which was given to Commission ~embers loc further study. City ~lanager Lawson read an ~Adopting O~dinanee~ as follows- O~DINm~CE NO. AN O~DIN~CE ADOPTING AND ENACTING A NE~ CODE OF ~I~DIN~CES OF TIlE CI~ OF D~Y BEACH~ FLOi(IDA; ESTABLISHING T~E S~IE; PROVIDING FO~ 'rue t~PE~ OF C~(TAIN OitDINANCES NOT INCL~ED T~t~IN, EXCEPT AS ItE~IN E~i[ESSLY P~OVIDED; P~oVIDING FOt( T~E ~i~NER OF ~ENDING SUCH CUDE UF O~DIN~CES: A~ P~OVIDING ~ttEN THIS O~INANCE Sli~ BECU~IE LFFECTI~. Commissioner Strong moved ~hat be placed on f~rst reading, seconded by Co~issioner Allen and unanimously carried. ~he City ~anagev ~en read a ~epovt from the Planning Board aad Commissioner Sundy made a motion that the Co~ission accept the ceeommendati~n of the Planning Board for a~proval of the Plat of Jefferson ~lanoc (Thomas J. Edwards S/D)* ~lotion was seconded by Commlssioner Allen and unanimously carried. A public hearing ~ill be conducted on the requested up- grading of the East 935 feet m/1 og this Sub-Division from l(esidenee 2 to Residence 1 in ~e ~ity Hall Commission Chambers at 2:00 P.H., ~ednesday, Febv~ry 2nd, 1955. Commissioner Allen moved to uphold the reeo~endation oF fi~e Planning Board denying ~e request of ~lr. F. P. Carpenter to change the na~ of N.E. 2nd Avenue. ~iotion was seconded by Commissioner Sundy. Upon call oF roli, Vice-[iayor Barco~ and Commissioners Allen and Sundy voted ~n favor of the motion. Commissioner Strong opposed. Co~issioner ~llen moved that Bills in the ~ount ~31,956.44 be approved for payment subject to the approval of the Finance Comittee. Seconded by Co~issioner Sundy and unanimously carried. Co~issioner Sundy moved that the Co~ission appoint Attorneys Charles 'Byron and/or John ~illiams ad-litum Judge to serve when Judge John H. Adams ls not available. ~otion seconded by Commissioner Strong and unanimously carried. ~ith reference to the request of ~lcs. Vernise Butler to purchase Lot 24, Block A, ~estside tleights S/D, Section 17-46-43, it was unanimously agreed by the Commission that the City not in ~avoP of disposing of any city owned lands and to so advise Hrs. Butler. JANU~_it¥ 25T11, 1955. Hr. ~illiam P. Carpenter inquired as to any existing ordinance pertaining to the control of unleashed dogs. view of the City's Ordinance limiting control of only "Unlicensed" Dogs, Commissioner Strong requested the City Hanager to obtain ordinances from other Florida towns and Cities pertaining to this subject matter that a study of same may be made in the hope of improving the local Ordinance. The City Hanager read a letter from }irs. Graham king, representing the Garden Clubs regarding the beautification of Delray Beach, their present activities and an outline of their future plans together with desired assistance from the City. The City }ianager advised t~lat in checking over various insurance coverages that it w~s Found "Teen Town Center" building and its contents were not covered. Insurance cover- age for this property has now been placed and an appropria- tion is requested to meet this expense. Commissioner Strong moved that l'unds, in the amount of ~234.08, be transferred from Unappropriated Surplus and Commissioner Allen seconded the motion. Carried unanimously. The City }lanager advised thnt he expected to have a favorable report regarding street lights for presentatinn to the Commission at the next regular meeting. Commissioner Allen inquired if bids h~d yet been re- ceived on the road equipment and was advised that they have not been submitted. Commissioner Allen s:~ggested that the Financial Advisory Board be advised of action taken relative to a Bond issue be- ing at~thorized for the purc}~ase of land I'roin the proceeds therefrom for, off-street parking facilities. The City }l~n~ger advised thai he should have an early report from various universities regarding traffic survey problems, as several inquiries have been sent from the }lanager's office soliciting thi~ ,~rge~tly desired information. City }lanager Lawson advised of having estimates but no definite bids have been rec,~ived for the intended Civic Center }(oof i{epair. After considerable discussion regarding the Negro Cemetery, Conm~issi,,ner Sandy moved that a maximum of ~500.00 be appro- priated for survey and platting of Lots that a definite charge for an identified parcel of land may be effected. }lotion seconded by Commissioner Allen and unanimously carried. Commissioner Strong expressed the advisability of seek- ing annexation of lands. Commissioner Allen reque:~ted the City }ianager to ask the Planning Board to turn their attention to~mrd this matter of high priority rating. Commissioner S:~mdy requested information and legal advice from the City Attorney be obtained relative to cur~ent proper procedures in the annexa- tion of unincorporated areas. In reply to Commissioner Strong's inquiry the City advised that the tract of land purchased for a City Dump, so,.tth of the City, was effected prior to January 1st, 1955, and that the F.b_.C. has requested the Co. to install crossing gates at no expense to the Railroad. JANUA~tY 25TII, 1955. Commisaioner Strong requested the City Clerk to remind the Golf Committee of its agreement to submit a monthly financial report which has not been forthcoming. The Commis- sioner also read the following letter from Sen. George Sma thers regarding Palm Beach Air Force Base. UNITLD STi,TES S~N~T~ Committee on Finance January 18, 1955 The Hon. Catherine L. Strong Office of the Mayor City of Delray Beach Delray Beach, Florida Dear Mayor Strong: This is in further reference to our correspondence relative to the status of the Palm Beach Air Force Base. For your full information, 1 am enclosing herewith a copy of a self-explanatory letter from the Department of the Air Force. However, it is the feeling of the entire Florida Delegation that the many aspects involved in this situation should be discussed at length with officials of the Department of the Air Force, and it is our intention to arrange such conferences for that purpose at the earliest possible opportunity. With kind regards, I am Sincerely yours, /s/ George Smathers GS: hgg COPY Department of the Air Force Washington Office of the Secretary 13 Jan 1955 Dear Senator Smathers: iieference is made to the resolution adopted 22 November 1954 by the Board of County Commissioners of Palm Beach County, Florida, favoring the designation of Palm Beach Air Force Base as apmrt of the permanent Air Force base structure. The Air Force is continually reviewing and evaluating its bases to determine those which are most suitable for permanent designation. Those bases selected for permanency must meet certain criteria. Palm Beach Air Force Base does not meet Air t:orce criteria for the following reasons: (1)disturbing effects from operation of military aircraft; (2) conflict with civil aviation; and (3) proximity of industrial and other civilian activities to the base. In this regard, the Air Force is especially concerned over the number of criticisms of the flying activities which it has received from both the winter and year-round residents in the Palm Beach area. As a result, the Air Force has been considering the advisability of reducing or withdrawing its activities from Palm Beach Air Force Base. JANUARY 25TH, 1955. ~e appreciate the desire of the Board of County Commis- sioners of Palm Beach to cooperate with the Alt Force, and you may be assured that the Air Force is doing its utmost to accomplish its mission at Palm Beach Air Force Base with as little con£11ct with civiliah interests as possible. Should there be any change in the status of that installation, you will be informed. Sincerely yours, Joe ~. Kelly ~ajor General, USAF Director, Legislative Liaison Commissioner Strong expressed a desire for f~irther con- sideration of possible Social Security benefits being made on behalf of City Employees. Commissioner Strong further requested the City }lanager to consider an Ordinance permitting better control of out-of- town Solicitors operating in Delray Beach specifically door to door, The meeting then adjourned. APPIi0VED: "Vi'ce Mayor ATTEST: Cit~ Clerk