02-22-55SpMtg FEBitU~H.Y 22ND, 1955o
A i~egular Meeting of the City Commission of the City of
Delray Beach, Florida, was held in the Commission Chambers at
2:30 P.M., with Mayor W. J. Snow in the Chair, ~ity Manager
W. E. Lawson Jr., ~ity Attorney Neil MacMillan and the follow-
ing Commissi.ners present: Empty J. Barrow, Catherine E.
Strong, Glenn B. Sandy and W. ~;ottingham ~llen, a quorum be-
ing present.
An opening prayer was delivered by Rev. kudolff J. Keyl.
Hinutes of the February 8th and 18th meetings were
approved as corrected, upon motion of Commissioner Strong,
seconded by Commissioner Sundy and unanimously carried.
City Manager Lawson briefly discussed the possible future
annexation of Section 7, Twp 46 S, i~ge 43 E, and advised of
having consulted with representatives of the County Commission
relative to possible sites for road rights-of-way, width of
same and through whose property such right-of-way might pass.
Nc. Middleton, representing Hr. l)orson and Mr. Udell who are
considering the future development of said Section 7, requested
an early meeting with the Commission and City Attorney rela-
tive to effecting a definite proposal. 'the Commission agreed
to meet with interested parties and felt it advisable to also
have the Planning Board in attendance. This meeting is
scheduled for 2:00 P.M., Tuesday, March 1st, 1955.
The Uity Manager submitted proposals relative to the Sale
of Special Franchise Tax Revenue Certificates, in the amount
of $110,000.00 recently authorized for issuance, from the follow-
ing finance firms -Marcus Kindred & Co., B. J. Van Ingen & Co.
Inc., and Anderson-Cook Company, Inc. Commissioner Allen made
a motion that these proposals be referred to the Financial
Advisory Board for their consideration and recommendation to be
submitted to the Commission at a Special Meeting to be held in
the Commission Chambers at 2:00 P.M., Tuesday, March 1st, 1955,
this matter to be considered immediately following the item
referred to in the preceding paragraph. Motion seconded by
Commissione~r Strong and unanimously carried.
The City Manager then read the following i-resolution:
~LESOLUTION NO. 951.
A itESOLUTIoN P.tOVll)ING 1.'Ott TI~ ISSUANCE OF
~110,000. SPECIAL FILtNCttISE TAX ~EVENUE C~tTIFICATES
SEi~IES 1955, Ut.' ~I]iE CITY 0F DLL~AY BLaCIi, ~LORIOA,
It)it TtiE PU~[POSE OF PAYING TIlE COST OF MAKING
MUNICIPAL IMPIiOVL~iENTS IN AND FOR SAID CITY, IN-
CLUDING THE ACQUI,qITIi~N OF AN OFF-STREET PAttKING
Aii~A ~ND I~IF,~oV~ILNT O~ THE STREETS IN AND I'OR SAID
CITY, P~iOVIDING FOR TI~ SALE THEiiEt)F, AND PROVIDING
FOii TIlE SECURITY AND PAYMENT TIIE~EOF, ~XND MAKING
C~(TAIN COVLNYuNTS A~ND AGRLEMENTS IN TItAT CONNECTION.
WII~LAS, under date of December 23, 1946, through the
8doptiqn of t)rdinance No. 0-19 the City Council of the City of
D~lray Beach granted to Florida Power and Light Company a fran-
chise for the operation of electric li,~ht and power facilities
within the limits of the city, which franchise was duly approved
at an election held in said city on March 6, 1947, and was duly
accepted by said company; and
WIIEiiEAS, said franchise and said election proceedings
have been validated by Chapter 24481 of the Special Laws of
Florida, 1947; and
251
FLBi/UARY 22ND, 1955
l~iLilgaS, under tile provisions of said fra.nchise the ~ity
of Delray Beach is to receive annually as consideration there-
for a sum equal to six per cent (6~o) of the company's revenues
derived from the sale of electrical energy to residential and
co~nercial customers within the corporate limits of tire city
for the twelve fiscal months immediately preceding Hatch 7 in
such year, less the amount of all taxes, licenses and other
impositions levied or imposed by the city on the ~roperty,
business or operations of the company and its subsidiaries
for the preceding tax year; and
It[IE~iEAS, the revenues so received by said city have not
been pledged or hypothecsted in any manner or for any purpose;
and
ltHL~iEAS, the city desires to construct necessary muni-
cipal improven;ents in and for said city, including the acquisi-
tion of an off-street parking area and the improvement of
streets in and for said city, and has no funds available for
the payment of the cost thereof and in ord¢~r to produce the
amount required for such purpose desires to issue the revenue
certificates fo tile city payable from the money to be received
annually by the city from the proceeds of the aforesaid fran-
chise (the gross revenues derived from which franchise are
hereinafter sometimes referred to as ~the franchise revenues")
all in the manner more particularly hereinafter provided; and
W}iER~AS, the city is authorized under the provisions of
its charter to ~onstruct necessary municipal improvements, in-
eluding an off-street parking area and the improvement of streets
in and for said cit~y and to issue revenue certificates f,~,r such
purpose in the manner and payable from the source for which
provision is made in this resolution;
NO'J, TIlLHEFOKE, BE IT ~SOLVEI) by the City Council of the
Oity of Delray Beach, Palm Beach County, Florida, as follows:
Section 1. That the City Council has m~de due investi-
gation and has ascertained and hereby formally finds and recites
that the annual amount to be derived by said city from the pay-
ments required to be made under the te~ms of the franchise
described in the preamble hereto, if continued in the amounts
now being derived therefrom, will be fully sufficient to pay
principal of and interest on the certi£icates hereinafter
authorized ~nd to carry out all of the requirements of this
resolution.
Section 2. That the City of Delray Beach (hereinafter
sometimes referred to as the "city") construct municipal
im~.rovements in and for said city including the acquisition
of an off-street para'lng area and the improvement of streets
in and for said city.
Section 3. That for the purpose o£ paying the cost of
such improvements~ including the paym~qt of all costs properly
incident thereto and to the issuance of the certificates, there
be issued the negotiable revenue certificates of the City of
I)elray Beach in the total ag..~regate amount of $110,000, which
certificates are hereinafter sometimes referred to as "the
certificates". The certificates sh~ll be d~ted .~iay l, 1955,
shall be in the denomination of ~l,000 each, shall be numbered
1 to ll0, inclusive, shall be payable in lawful money of the
United States of America as to both principal and interest at
First National Bank of Oelray Beach, in the City of Delray
252
FEBi{UAI~ 22ND· 1955.
Beach· Florida· shall bear interest until paid at not to ex-
ceed the rate of 4~o per annum, to be determined at or after
the time the certificates are sold· payable November 1· 1955
and semi-annually thereafter on the first days of Hay and
November of each year· and shall mature serially in numerical
order on }lay 1 of each of the years as follows:
Certificate Numbers Amount Year
i to i1 $11·000 1956
12 to 22 11,000 1957
23 to 33 Il·000 1958
34 to 44 ll,O00 1959
45 to 55 11·000 1960
56 to 66 11·000 1961
67 to 77 11·000 1962
78 to 88 ll·000 1963
89 to 99 11,000 1964
100 to 110 11·000 1965
Certificates numbered 56 to 110, inclusive· shall be call-
able for redemption at the option of the city prior to maturity
in inverse numerical order on May 1, 1960· and on any interest
payment date thereafter, at the principal amount thereof plus
accrued interest to tile date fixed for redemption. Notice of
redemption shall be given not less than thirty days prior to
tile date fixed for redemption through the publication of an
appropriate notice one time in a financial newspaper or journal
published in the City of New York, New York· or Chicago·
Illinois· a~d one time in a newspaper having general circula-
tion in the City of Delray Beach· Florida· and by filing such
notice at the place of payment of the certificates.
That said certificates shall be signed by the Mayor of
the city· countersigned by the City Clerk· endorsed by the City
Attorney, and shall have impressed, thereon the corporate seal
of tl~e City of Delray Beach. Interest falling due on said
certificates on and prior to ,naturity shall be represented by
coupons attached to said certificates signed with the facsimile
signatures of said ~ayor and City Clerk· and said Nayor a.~ld
City Clerk, by the execution of the certificates shall adopt
as and for their own proper signatures their facsimile signa-
tures appearing on said coupons.
Section 4. That the certificates and the coupons to be
attached thereto and the provisi..~ns to appear on the back there-
of shall be in substantially the £ollowing form:
(Form of Certificate)
UNITED STATES OF AMLi~{ICA
S'FATE OF FLO,{IDA
COUNTY OF P,LLM BEACH
CITY OF I)ELKAY t3EACIt
SPECIAL 1-'itANCIilSE T~U( itLVP.,NUE CEKTIFICATE· SEItlES 1955
Number ~1 · 000
The City of Delray Beach· in t~alm Beach County· State of
Florida· for value received hereby promises to pay to bearer
solely from the special fund provided therefor as hereinafter
set forth· on the first day of }lay, 19 · the principal sum
of One Thousand Dollars ($1,000), and ~ pay from said special
f~nd interest thereon at t~e rate of per
cent ( ~) per ann~m from ([ate hereof until 'paid'· payable
November 1, 1955 and semi-annually thereafter on the first
days of }lay and November of each year· such interest to the
FEBRUARY 22ND, 1955.
maturity date of this certificate to be paid only upon pre-
sentation and surrender of the annexed interest coupons as
they severally become due. Both principal of and interest
on this certificate are payable in lawful money of the
United States of America at First National Bank of Delray
Beach, in the City of Delray Beach, Florida.
This certificate is one of an issue of ~110,000, all
of like date and tenor, except as to maturity, (interest
rate) and option of redemption, iss'~ed by said city pursuant
to the provisions of its charter, and pursuant to a resolu-
tion duly adopted by the City Co~ncil of said city on
February 22, 1955, for the purpose of acquiring an off-street
parking area and improving the streets in and for said city.
Said issue of certificates is payable solely from and secured
by first pledge of the revenues to be received annually be
said city from Florida Power and Light Company and its suc-
cessors as consideration for the franchise granted said
company by the city pursuant to Ordinance No. G-19 adopted
on final reading on December 23, 1946, and approved at an
election held on }[arch 6, 1947. For a more particular state-
ment of' the security pledged to m~ch payment, reference is
made to the aforesaid resolution of February 22, 1955. This
certificate, including interest hereon, is payable solely from
the aforesaid revenues and does not constitute an indebtedness
of the City of Delray Beach within the meaning of any consti-
tutional, statutory or charter provision or limitation, and
it is expressly agreed by the holder of this certificate that
such holder shall never have the right to require or compel
the exercise of the ad valorem taxing power of said city or
the taxation or assessment of real estate in said city for
the payment of the principal of or interest on this certifi-
cate or the making of any sinking fund, reserve or other
payments .~rovided for in the abovedescribed resolution. It
is further agreed between said city and the holder of this
certificate that tt~is certificate and the obligation evidenced
thereby shall not constitute a lien upon any property of or
in the City of Delray Beach but shall constitute a lien only
on the revenues hereinabove in this p~ragraph described.
Certificates numbered 56 to 110, inclusive, of the issue
of which this is one are callable for redemption at the option
of the city prior to maturity in inverse numerical order on
Play 1, 1960, and on any interest payment date thereafter, at
the principal amount thereof plus accrued interest to the
date fixed for redemption. Notice of redemption is to be
given not less than thirty days prior to the date fixed for
redemption through the publication of an appropriate notice
one time in a financial newspaper or journal published in
the City of New York, New York, or Chicago, Illinois, snd one
time in a newspaper having general circulation in the City
of Delray Beach, Florida, and by filing such notice at the
place of payment of the certificates.
It is hereby certified, recited and declared that all
acts, conditions and things required to be done, happen and
be performed precedent to and in ~e issuance of this certi-
ficate in orde~~' to make it a legal, valid and binding obliga-
tion of the City of Delray Beach in accordance with its terms,
have been done, have happened and have been performed in
regular and due time, form and manner as required by law and
that this certificate is by statute made a negotiable instru-
ment within the meaning of' the Negotiable Instruments Law of
the State of Florida.
FLBi{UA~Y 22ND, 1955.
IN ~/1TN~SS WI[EK~OF, the City of Delray Beach has caused
this certificate to be executed by its Mayor and countersigned
by its City Clerk, under its corporate seal, and the interest
coupons hereto attached to be executed with the facsimile
signatures of said Mayor and City .Clerk, all as of the first
day of May, 1955.
Mayor
Countersigned:
City Clerk
Approved:
City Attorney
(Form of Coupon)
Number $
On the first day of , 19 , unless the
hereinafteP mentioned certificate is then subj?--'ect to redemp-
tion and has been called for re4emption and provision for the
redemption thereof duly made, the City of Delray Beach,
Florida, will pay to beaPer at First National Bank of Delray
Beach, in the City of DelPay Beach, Florida, the sum of
Dollars ($ ), solely ~
the special fund referred to in and for the interest then due
upon its Special Franchise Tax i{evenue Certificate, Series
1955, dated May 1, 1955, and numbered .
Mayor
Countersigned:
City Clerk
(Form of Validation Certificate)
Validated and confirmed by a decree of the Circuit Court
of the Fifteenth Judicial Circuit, in and for Palm Beach
County, Florida, rendered on the day of ,
1955.
Clerk of the Circuit Court,
Palm Beach County, Florida
Section 5. That there is hereby cre;,,ted for the Durpose
of paying principal of and interest on the cel,tificates herein
authorized and establishing and maintaining a reserve for such
purpose a fund to be known as t}~e "Special Fr;~nchise Tax
· ievenue Certificates Sinking Fund", which is hereinafter in
this resolution sometimes referred to as the "certificate ~und".
255
FLBi{UA~I.Y °°~'D 1955.
$;.~ch fund shall be kept on deposit in First National Bank of
belray Beach~ Delray Beach, Floriqa, or insuch other bank of
equal standing and rating as ~:~ay hereafter be specified by
the City Council. 'fl~e money held in s;,id fund shall be held
by sa]d depositary as a speci~l and not a general deposit
and a~ a s?ecial truest fund, the beneficial interest in which
shall be in the holders from ti~e t,~ tin, e of tl~e
, ~ ~ ~nd sl~all be cnntin,~-
i-~:~vable lherefrom. ~11 mo~lev ii1 sllch ~'~
ally secured by the ~er~o~i.t ,~f coll;~t~r~l sec,~lrity having a
m~rket val'~e at all times of not. less than the ~ount on
deposit in s~ch f'~md ~nd sh~ll be otherwise secured to the
fnllest extent required by the laws of Florida fer the secur-
ing of p;~blic deposits.
Beginning with the year 1955~ there shall be p:~id into
the certificate f~nd so much of tl~e first revenues received
in each year b~' tl~e city From Flo~:ida ?o~er un~] ~.~o~,t' :,~" Consany
e, nd it,~ s,.~cce~,~rs~ under the teI~:s of the franchise more
specifically hereJnabove descril~ed (~hich is s,-,n~etin',es here-
inafter referred to as "the f~an~l~]
- e se" inrl,.~ding any re-
newals or franchises for the operntion of electric facilities
issued in licit thereof or s~/bstjt, ution therefor, while any of
t. he certificates herein a.~tl;orized re~:nin o~ttst.;,nding
paid, as ~t,ay be necessary to pay pro,~ptly as they fall
.,n ~ interest on ~.he certificates herein a,.lthorized
~nd to acc'~nrtlatf~ und ,';~inta:in as a reserve f'or such
in ad,liti,,n to cnrrf~t principf;1 and i. nterest requiren;,f, nts
the s,tm of ~2~000.00~ which reserve sLall be fully
1;:ted by kiay ls~ 1~58, }1oney in the reserve shall be used
~,b~.never the rbmaining money in the terrific;itc f, tnd is not
sufficient to pay principal or interest failing due and as to
~rhich there w~;,~tld be u defa~tlt if the money were not so nsed.
,kny p;,yn~ent ~.~ade from the reserve to prevent default shall
be promptly restored thereto so that as nearly as possible
there may ;,t all tiptoes be pr(.served as a reserve against
defaults the n~inim~km sttm above specified. The money
reserve may also be ~tsed for the payment of principal and
interest at any ti~te when tize m~ney in the reserve, together
with the other money in the ce~.tificate fund is sufficient
to pay ~rineip;,1 of and interest to m;~turity on all certifi-
cates tI;en remaining outstanding.
It shall be the (l;~ty of the depositary of the certifi-
er, re fund to transmit to the paying agent bank hereinabove
named no~ later than April 15 of esch year an an~ount taken
from the certificate fund which will be sufficient to pay
principal a~ interest falling due on the certificates during
the succeeding calendar year.
~ill or any part of the ~,,oney in such reserve shall at
the request of ~e city be invested in direct obligations of
the Uniteq States of ~eric~ or other marketable securities
eligible as security for the deposit of trust funds under
regulations of the Board of ~overnors of the Federal iieserve
System. Any obligations so purchased as an invest~,ent shall
be obligations maturing or subject to redemption by the holder
thereof, at the option.of such holder, not later than twelve
months after the date of such investment. It shall not be
necessary- for the depositary to give security for the deposi~
of any money with it, which is represented by obligations
so pureJ,ased as an investn~ent. Obligations so purchased
shall be deemed at all times to be a part of the reserve an~
the interest aecruin.g thereon and any profit realized from
256
FLBitUARY 22ND, 1955.
such investment shall be credited to the resorve, The
depositary shall sell at prevailing market prices or shall
present for redemption any obl]gaiions so purchased whenever
it shall be necessary so to do in order to provide money to
meet any payment of transfer from the fund in which such
obligations are held. Neither the depositary, the oaying
agent nor the city shall be liable or responsible for any
loss resulting From any such investment.
All money in the certificate fund in excess of such
reserve und in excess of the amount required to pay princi-
pal and interest falling d.~ in the next succeeding calendar
year shall be applied on Flay 1 to the redemF, tion of as many
of the certificates as can be redeemed with the surplus
available.
Section 6. That ti{e City of Delray Beach expressly
covenants and agrees that it will issue no other certificates
or obligations of any kind or nature payable from or enjoying
a lien on or pledge of the franchise revenues unless such
certificates or obligations are issued in such manner as to
be fully subordinate in all respects to the payment of the
certificates herein authorized From s,~ch revenues. The pro-
visions of this section shall inure to the benefit of and be
enforceable by any holder of the certificates issued hereunder.
Section 7. That the City of Delray Beach hereby
covenants and agrees with each successive holder of the certi-
Ficates issued hereunder:
(a) That the city will do everything which it can
legally do to maintain the franchise in full force and effect
until all of the certificates shall have been retired, that
if For any reason beyond the control of the city the franchise
shall become inoperative or ineffective during such period,
the city will take all possible steps for the immediate sub-
stitution therefor of a franchise having as nearly like terms
as possible, which franchise shall become subject to all the
provisions of this resolution, and that the city will not
levy or impose on the holder of the franchise taxes, licenses
or other impositions which will render the money received by
the city from such holder under the franchise insufficient
to carr'y out %he recommendations o£ this resolution.
(b) That all records of the city wi tL respect to the
amounts received by the city in each year under the franchise
and tile disposition made of all such revenues shall be avail-
able For inspection at all reasonable times by the holders
of any of the certificates issued hereunder, and that the _
city will within sixty days following the close of each fis-
cal year supply to any holder of t]~e certificates who may
have so requested a written statevient covering the receipt
and disposition of such revenues during such fiscal year.
(c) That as long as any of the certificates remain out-
standing and unpaid tile city will not operate within its
limits any electric facilities which compete with tile
facilities operated by the holder of %he franchise.
Section 8. That the certificates t~erein ;~uthorized shall
be sold at public or private sale for such price or prices
as the City Council may determine provided the interest cost
to maturity of the money received for such certificates shall
257
FLBilUAAtY 22ND, 1955.
not exceed 5~ per annum. The certificates shall be prepared
and executed as soon as ~,ay be altec the validation thereof,
and after the sale thereof shall be thereupon delivered to
the purchasers thereof pursuant to payment and the proceeds
thereof applied to the purposes l'or which the certificates
are herein authorized.
Section 9. That Nell E. NacNillan_, as attorney for
the City of D'~'lray Beach, is he'reby authorized and directed
to take appropriate proceedings in the ~ircuit Court of the
Fifteenth Judicial Circuit of Florida, in and for Palm Beach
County, for the validation of said certificates, and the
Hayer and City Clerk are authorized to sign any pleadings in
such proceedings for and in behalf of tl~e City Co,incil of the
City of belray Beach.
Section 10. That if any section, paragraph, clause or
provision of '{his resolution s~all be- held to be invalid or
~_menforceable for any reason, the invalidity or unenforce-
ability of such section, paragraph, clause or provision shall
not affect any of the ren;aining provisions of this resol,~tion.
Section 11. That this resolution shall be in full force
and effect in~nedi~tely upon its ;doption.
,Ydopted tl~ ~2nd ~! ~5' of Febr,iary, 1955, by the City
Council of the City---~fr Delray Beach, Florida, and approved
by the Hayer of said city.
/s/ snow
Hayor
Attest:
/s/ ~. D. ~.~orthing
City Clerk
The foregoing resolution and for~ of revenue certificate
and co..lpon therein contained vre hereby approved as to form
and correctness this 22nd day of February , 1955.
/s/ Nell E. Nac}:illan City Attorney
Commissioner Sundy moved that ~{esolution No. 951 be passed
and adopted, and said Plotion was seconded by Commissioner Allen
and unanimously carried.
The City Nanager advised the Commission of having con-
tacted several firms, req,aesting a proposal for the preparation
of a Traffic and Parking Survey and ~eport f,)r the Downtown
Business District of Delray Beach, and had received only one
proposal, that having been submitted by "Naurice }1. fennel1 &
Associates" of Niami, Fla. City Nanager Lawson further advised
that this firm is highly recommended by the City Nanager of
Co~.~l Gables, and recommended that the Commission retain the
services of Na~arice H. fennel1 & Associates whose FEE for
such Survey and i{eport wo~.ald be $3,500.00.
Con~issioner Allen moved that. the City Nanager be a~thor-
ized to contract with Connell & Associates ~'or this service,
as outlined in their proposal, for an agreed upon fee of
~3,500.00. Notion seconded by Con~nissJoner Strong and unani-
mously carried.
FEIItiUAI[Y 22N1~, 1955.
City Manager Lawson advised the CommissJ. on of having re-
ceived but one bid for the installation of a Pump Motor for
Well Pump No. 5, located at SE 4th Street and the F.E.C.
tracks. This bid, from Howard Lee Cromer, made in accordance
with plans and specifications prepared by Smith & Gillespie,
was forwarded to Smith & Gillespie for their recommendation,
and their reply of February 7th estimating an approximate
cost for such installation of $6400.00, recommended awarding
this project to Mr. Cromer. In view of advice received from
Smith & Gillespie, tile City Manager recommended that award
of contract be made to Howard Lee Cromer for this installa-
tion, and further advised that provision for this expenditure
had been incorporated in this year's budget.
Commissioner Allen moved that the City }lanager award this
contract to Fir. Cromer for installation of Pump Motor, etc.,
for Well Pump No. 5, for tlc bid offer of ~6545.00. i'lation
was seconded by Commissioner Barrow and unanimously carried.
Tile City Manager advised that he had discussed the re-
location of railroad sidings of the FLC i[y., between Atlantic
Avenue and NE 1st Street~ but has nothing definite, as yet,
to report on the matter. Commissioner Allen moved that this
matter be referred to the Planning Board for their study and
recommendation. Motion was seconded by Commissioner Sundy and
um, nimously carried.
City M~nager Lawson submitted an offer received through
the office of Fir. lienry K. Greene, pertaining to certain par-
cels of l~nd in Block 117, Delray Beach, which Fir. Greene
believed might be considered in connectian with the off-street
parking program.
Tile Commission desired that Mr. Greene be forwarded their
appreciation for the interest ~,nd efforts reflected in his
letter of February 14th, 1955, ~nd to be advised that the in-
formation contained therein will be filed for consideration at
such time as acquisition of lands for off-street parking areas
will be effected.
The City Manager re~d a letter from tile family of the
late Dwight L. Rogers, extending their appreciation of the
resolution adopted by the Commission of l)elray Beach in
tribute to tile Honorable Dwight L. Rogers.
The City Manager referred to ~esolution No. 945, pertain-
ing to opening, gradin~ and paving of SW 2nd Avenue, between
3rd and 4th Streets, wherein this day, February 22nd, 1955,
was provided for hearing objections, if any, to this proposed
impro yemen t.
Firs. Walter Belcher, owner of a parcel of land abutting
on this proposed improvement, registered a protest, believing
that such improvement was not warranted at this time. This
being the only protest, the Commission ordered the reading of
tile following ilesolution by tile City Manager.
ItESOLUTION NO. 952.
A i{ESOLU'IION OF TIlE CITY COMMISSION OF TIlE
CITY OF DELRAY B~Ctl, FLO~ilDA, AUTHOi(IZING
TII~, CITY hANAGE}( TO PROCEED WITH Tt~50PSN-
lNG, G~akDING AND PAVING OF S. %{. SECOND
AVENLr~ BET~%EN TIIIFu') AND FOUr,TH STiiEETS, TO
A ~{IDTH OF T~'LNTY-TWO (22) FEET.
~.~t~AS, the City Commission of the City of Oelray Beach',
Florida, did, on the 25th day of January, 1955, determine to
259
FEB~tgARY 22ND, 1955.
proceed with the opening, grading and paving of S.W. 2nd
Avenue between 3rd and 4th Streets to a width of twenty-
two (22) feet, and
WtiEit}-.AS, the Resolution (No. 945) providing therefor
has been duly published as required by the City Charter,
together with a notice that objections to said improvement
wou~d be heard on this date, and
~t~EAS, no sufficient objections have been made to such
proposed improvement~
N0W~ TIIEt~F0~, BE IT ~tESOLVE1) by the City Commission of
the City of Delr~y Beach, Florida, that the City Manager be
and is hereby ~nstructed to proceed ~ith the opening, grading
and paving ag the above named part of S. W. 2nd Avenue to a
width of twenty-two (22) feet, according to the p~ans and
specifications heretofore filed ~th the City Clerk, and a
copy thereof filed in the o~fice of the City Manager and kept
open for the inspection of the puOlic.
PASSLD in i{egula, r Session on this the 22nd day of
February, A.D., 1955
w. s ow
Mayor
ATTEST:
City ~lerk
Commissioner Sundy made a motion to pass and adopt
~esolution No. 952. Motion was seconded by Commissioner
Allen and unanimously carried.
The City Manager then advised ~e Commission o~ having
received the ~ollowing bids for the paving project oullined
in ~esolution No. 945:
Jack E. Carver~ Inc., $ 2,881.23
~mrdrives, Inc., 2~650.00
Commissioner Allen moved that award of contract be made
to the low bidder, and this motion, seconded by Commissioner
Barrow, was unanimously carried.
City M~nager Lawson read the Collowing ~tesolution:
,~oLUTION N0. 950.
A ~SOLUTION 0I," THE CITY COMMISSION OF TIlE
'
LiTY al" i)ELdAY BEACtt, ~LO~IIA, O~E~ING
TIlE
C0.,STi0JCTION OF A SIDE!g,~LK ON TIlE EAST
SIDE OF N.E. 3ECONi~ AVENUL i.'.(oM N.L. STtl
~l}if~d~.~S, t.l}e ~:ity Commission of the City of Oelr;~y Beach,
Florida~ did~ on the 8th day of Febr~lary~ 1955~ adopt a
xlesol.,~tion requirin~z tl~o City Nanager to prepare plans~ speci-
ficati,~ns and an estimate of cost for' the coustructJ,)n of a
sidewalk on the Last Side of N.L. 3econd ,~venqe From N. L.
Eighth Street northwar'd to ~he corporate limits ,)f the City
of belray Beach, I'lo~'ida, said sidewalk to be five (5) Cer, t
in width~ and r'e~-~ iJriu,~. ~:~ said plans, specifi, ca~ions a~d esti-
mate of cost of s~lc[i img~'oveme,:t to be place,I on CJle in the
office of' ~e City NanaleP~ and
260
WtlL~(EAS, increased pedestrian traffic and more speci-
ficalty the £act o£ tim rece,~tly created school district in
this immediate area has necessitated the construction o~ a
sidewall{ as af,~resaid~
~C tl~c City of 1)elruy Beach, Florida, that it is determined
to ,,,1.~e the f,,llowing described improvement, to-wit:
The constr~tction of a sidewalk on the East
side of N.E. Seco,~d Awm~e~ from N.E. Sth _
Ftreet northward to the City limits, tl'~e
to~a.1 cost as estimated of such improvement
Bt.,, I'I' l','~t'i'h~.,t ii[,.f<uLVEL' that the entire cost of s,tch
provement shall be sha~ by Lite City of l~e]ray B~aet-~, Flopida,
an~' ~xe following described proFerties in [~elray Beach, Palm
Beael} County~ Florida:
Lot 17~ 31oek 12~ l;ell ~k ,~/
" 16 ~ " 12 ~ "
" 17 ~ " 9 ~
,,
" 20, " 8,
,,
" 19 ~ " 8,
" 32, " 5, "
" 21, " 5, "
" 20, " 4, "
S 48' Of "1,~q " 4, "
,,
l.ot 1, Pl~imosa ~ark, Section "A"
" 13, " "
" 14, " "
" 34, " "
" 35, " "
" 36, " "
" 37, " "
" 59, " "
" 60, " "
" 61,
" 62, " "
" 78, " "
" 79, " "
" S0,
S 50.05 ~t of that part or }lode1 Land Co. Lot 38 lying Last
o~ N.L. 2nd Ave.,
N ~,.5 ft of file S 275.05 ft of that part of Lot 38 lying
I.ast of XL 2nd
N 143.81 Ct or the S 418.~6 Ct or th;:t p~,rt oF Lot ~8 lying
Last of N~ 2~ld
N 2~.03 Ct oC t~mt p;~rt of Nodel L~nd ~o. Lot 38 lying East
o~ NL 2nd Ave.
Lot 10, Block 6, Northridge
" 11 " 6, "
" 12 " 6, "
" 10 " 4, "
" 11, " 4, "
" 12, " 4, "
,.
" 13, " 4,
" 14, " 4, "
FLBAUAttY 22NlI, 1955.
said benefits to be determined and p~orated according to the
front footage of the respective properties as set forth imme-
dia tely above.
BE IT l.~UiITl!l~i( ~tLSoLVt,A~ that said sFecial assessments
against all the lots ~.nd lands as set forth herein which are
specially benefited, shall be and remain liens superior in
dignity to all other liens, except liens for ta~es, ,~ntil
paid~ from the date of the assessment upon the respective
lots and parcels of land assessed, and which shall bear in-
terest at the rate of eight (8) per cent per annum, and which
may be paid in three (3) eqt~al yearly installments with ac. crued
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, st the office of the City Tax
Collector, and upon failure of any property owner to pay any
annual installment d.le, or any p~rt thereof, or any annual
interest upon deferred payments, the City of Delray Beach may.
bring necessary legal proceedings by a Bill in ~-'haneery to
en£orce payment thereof with all accrued interest, together
with all legal costs incurred, including a ree~onable attorney's
fee. The total amount of any lien may be paid in full at any
time with interest f'rom the date of assessment.
IT IS 01{DE~tEB that the City Co~miission shall sit at the
City Hall in the City of Delray Beach, Florida, at 2:30
on Hatch 22nd, 1955, for the purpose of hearing objections,
if any, on said proposed improvement, as set forth herein.
IT IS 14Ji[TttER 0~[DEi[RD that this ~tesolution be published
once a week for three (3) consecutive weeks in the l)elray
Beach News.
PASSED AND AI~OPTLD by the City Commission of the City of
l)elray Beach, Florida, on this the 22nd day of February,
A. D., 1955.
/s/ W. J. Snow
Mayor
ATTEST:
/s/ orthi g
City Clerk
Pub. March 3, 10th & 17th
Commissioner Allen moved that iiesolution No. 950, pro-
viding the day of March 22nd, 1955, at 2:30 P.M., to hear
objections, if any, be adopted. Motion was seconded by
Commissioner Sundy and unanimously carried.
The City Attorney read a resolution and ordinance per-
taining to possible annexation of a parcel of land (5 ac.)
in Section 8, Twp 46S, i~ge 43E, owned by Fir. William Yount
who is contemplating development of that land.
Upon motion by Commissioner Allen, seconded by Commis-
sioner Strong and unanimously carried, this matter has been
referred to the Planning Board for their recon~enda, tion.
City Nanager Lawson presented the Report of the Planning
Board - as follows:
Item ~1. aezonin,~ of Jefferson Manor S/D. The Board
advised of having held a p~blic hearin~ in compliance with
262
FEBItUARY 22Nt}, 1955.
Ordinance No. 365, on February 2nd, 1955, and no objections
having been made at said meeting, unanimously recommended
that Lots 1 thru 57 therein be Rezoned to i(esidence "A"
classification with the following deviations:
(a) tlouse area requirement be reduced to 896 sq. ft.,
and
(b) Front set-back requirement be reduced to 25 ft.
Commissioner Strong moved to accept the recommendation
of the Planning Board as outlined in Item No. I, i(ezoning of
Jefferson Hanor S/D. ~lotion was seconded by Commissioner
Allen and unanimously carried.
Item No. 2. The Planning Board recom~.ends NP. 14illiom
Pfundston's request for a setback deviation (Lot 18, Blk.92)
be denied.
Commissioner Strong moved that the recommendation of the
Planning Board be accepted. }lotion was seconded by Commis-
sioner Allen and unanimously carried.
Item No. 3. The Planning Board unanimously endorses the
request of 14alter Hertz for extension of S~i 10th Street and
urged that all necessary steps be taken to obtain dedications
necessary to provide a minimum of 60 ft i~/~/ for development
as a primary traffic artery to join Nilitary Trail.
Upon motion of Commissioner Strong, seconded by Commis-
sioner Allen and unanimously carried, the recommendation of
the Planning Board was accepted, ~nd it was requested that a
copy of the Planning Board's recommendation be forwarded to
the County Comn.ission.
Item No. 4. The Planning Board unanimously endorses the
annexation of all possible land contiguous to the City Limits
as a continuing policy and recommends all such lands taken
into the City be automatically classified as liesidence "A'
for future rezoning. No action taken on this matter.
Item No. 5. The Planning Board desired to withhold any
recommendation relative to the Sanitary Land Fill project
until they might consult with Nr. Simon, who is expected this
week. A letter had also been received by the Commission just
before the meeting from }Ir. J. I4. Nowlin and Hr. John N.
Kabler Jr., who requested that due to being unable to attend
this meeting, action be withheld until they might be able to
be present, and suggested a special meeting be arranged for
this matter. The Commission agreed that pending the arrival
of Fir. Simon, and the recommendation of the Planning i{oard~
that no action be taken ut this meeting, but tentatively set
3:00 P.N,, Tuesday, Narch 1st, 1955, for a Special Neeting with
all parties interested.
Item No. 6. Upon motion of Commissioner Strong a~d
seconded by Conm~issioner ~arrow, relative to the recommenda-
tion of the Planning Board who voted three to two in favor
thereof, pertaining to deviations of' side-yard set-back re-
quirements on Lots. 2, 3, Blk. 1, and Lots 4, 6, 7 and 8 in
Blk 3, Northridge ~/D., there followed call of roll. Commis-
sioners Strong, Barrow and Allen voting in favor of accept-
ing the reconunendntion of the Planning Bosrd, Commissioner
Sundy opposed and Nayor Snow abstained.
The City Hmnager presented Bills for Ap~,roval in the
amount of ~57~426.47. Commissioner Sundy moved that they be
a?proved for payment subject to the approval of tl~e Finance
Oep~rtment. Hotion was seconded by Comn~.iss~ioner Allen and
unanimously carried.
263
FI~BitUA~{Y ~2ND, 1955.
ztelative to the South Palm Beach Co:t:~t~ ?tblic Beach
ject, Commissioner Stron.,~ sug.rested th;,t the City ~ianager, the
}layor and all possible Commissioners attend the County Commis-
sion meeting next ~londay at 10:00 A.}i., and present the peti-
tion which has 'been widely circ~lla, ted in this area.
Commissi<)ner Stron;~ moved that Mr. ~illiam F. koch be
appointed to fill the vacancy on the Falm Beach County
itesources Develo?ment Board. }lotion was seconded by Commis-
sione[' Barrow anti unanimously carried.
Commissioner Sundy moved that the Parking }leters be
j.lsted to eliminate the use of the Penny, thereby creating
Nickel Parking }leters only. }lotion was seconded by Commis-
sioner Allen and unanimously carried.
City }lanager Lawson sug~fes%ed that a date be set for dis-
cussion of desired Charter changes and the Commission agreed
that this matte~ sho~ld be taken calve of at a Special }leeting
to be called for Tuesday, 51arch 1st, 1955, at 2:00 P.M.
itelative to certain Building tteg,llations, the City }lanager
read specifications for installation of heating, venting and
air conditioning units, including venting requirements, and
reco~ended that they ~]ould be in the form of an ordinance.
The Co~ission reauested this matter be tabled for further
study and %o be bPou~% ,lp at the next ~egula. r meeting.
Upon motion by Commissioner Strong, seconded by Commis-
sioner Sundy and unanimously carried, an appropriation of
~1500.00, for additional clerical aid in the office, was
authorized.
}I~. C. W. Garner addressed the Commission and discussed
the rapid growth and development in the south eastern section
of the City which warrants serious consideration for anott:e~
crossing of %he intracoastal l{atemway in the imn~,~iate a~ea
of S.E. lOth Street as extended, l{esolution No, 953 was then
read.
~tESOLUIION NO. 953
~SOLUTION 0F 'rliL CITY C0}I}:ISS].0N OF TIlE
CITY Ok~ DELiiAY B~ACtl, I'~LoiilDA.
WlIEt~AS, the City of Delray Beach and the area adjacent
thei'eto %o the South is developing rapidly, and
WIIki~AS, %here is a need for an additional bridge across
the Florida In%fa-coastal canal, and the necessary roadways
leading thereto %o allow traffic %o go from U. S. Highway
No. 1%o State ~toad A-1-A (the Ocean Boulevard), and
I{iI~i~AS, the City Commission of the City of Delray Beach
has been advised that a petition is being circulated among
the Free liolders of said area, which petition will request
the Boa~d of County Commissioners of Palm Beach County, Florida,
%o take %he necessary legal steps %o provide for the creation
of such a district as shall be necessary to handle the financ-
in~ of such a project, and
WHEI~t:AS, it is the opinion of this Commissi_,~n that such
a bridge, if constructed, should be located at oP neap the
Easterly extension of S. E. 10th Street in the City of Delray
Beach,
FEBitU,'.~(Y 22ND, 1955.
NOW, rHEItEt~'Oi~E, BE iT ~tESOLVED:
1. l~hat tlc City Commission of tile City o£ Delray
Beach, does hereby endorse the proposed plan to provide for
the construction of a bridge and such roads as necessary to
gain access thereto which will provide for the crossing over
the Florida Intra-coastal waterway in the vicinity of the
Easterly extension of S. E. 10th Street in the City of
belray Beach, Florida.
2. That the City Commission agrees to cooperate in dedi-
cating a right of way without charge over any required city
property.
3. That the original of this ~esolution be forwarded
forthwith to the County Commissioners of Palm Beach County,
Florida, and that a copy be furnished the Honorable Ben F.
Sandy, Chairman of the Board.
Unanimously passed and adopted this 22nd day of February
1955.
/s/ J. Snow
Mayor
A i'TEST:
/s/ it. P. Worthing
City Clerk
Upon motion of Commissioner Sundy and seconded by Commis-
sioner Allen and unanimously carried, l{esolution No. 953 was
adopted.
Mr. Patterson, of Patterson's Drug Store, protest, ed to the
Commission relative to the recent elimination of "Unloading
Zones" and felt that certain types of stores and offices war-
ranted such type of Non-Parking area at or near their place of
business. The gity Manager and Chief of Police agreed that
heretofore established unloading zones would be restored until
Further study of the parking problem could be made in conjunc-
tion with the Parking Survey and Report se~*vice of Maurice H.
Connell & Associates, authorized to be contracted for in this
mee ting.
The Youth i~ecr~ational Conm~ittee, through its chairman
Mrs. Ena McFee, has requested that the City Manager have the
floor boards of the Civic Center checked for safety of construe-
tion, they having been subjected to extensive wear and tear for
a number of years without repair or check. The Committee fur-
ther requested theft consideration, previously requested, be
given toward allowing the Playhouse Group to use tb.e Civic
Center another year, as it deprives the Youth activities at
the Center. The Playhouse Committee is known to be seeking
another location, pos,~ibly to build a theatre upon, and no
action of this matter is being taken by the Commission at this
time, but will be brough% up at the next regul~r meeting.
Commissioner Strong referred to the "Audit" of Himes &
ttimes, the final ~'eport having been submitted to the City of
Pelray Beach, its apparent excessive cost, and the fact that
there is an error or two contained therein, which should be
checked by Himes & tlimes and corrected without any undue
delay. Commissioner Strong further conc~rred with the Auditor's
i{eport that a "Stores Account" be established and a fiscal
265
FEBRU.aitY 22N1), 1955.
inventory yearly be taken. The ~ity Nanager advised that
his program for greater efficiency in the operatinn of the
City has already incorporated the "Stores Account" and
physical compilation of the assets (inventories) of the
varif, us departments of the city in accordance with generally
accepted standards and accounting principles.
Upon motion of Conm~issioner Sundy, seconded by Commis-
sioner Strong and unanimously carried, the City Manager was
requested to confer with Mayor Snow and the Supt. of Public
Works, Charlie Chevalier, to determine the extent of neces-
sary road equipment purchases to enable the City to under-
take the road construction work as desired by the Conm~ission~
and submit a report of sa,ne to the Commission at its next
regular meeting.
£he meeting then adjourned.
City Clerk
APP~tOVED:
Nayor