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