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04-26-55 APRIL 26th, 1955 A Regular Meeting of the City Commission of the City of Delray Beach, was held in the Commission Chambers at 2:30 P.M. with Mayor W. J. Snow in the Chair, City Attorney Neil MacMillan and the following Commission members present; Emory J. Barrow, Catherine E. Strong, Glenn B. Sundy, a quorum being present. An opening prayer was delivered by Rev. itudolff J. Keyl. Commissioner Strong moved for approval of the minutes For the regular meeting held on April 12th, seconded by Commissioner Barrow and unanimously carried. Mr. J. K. Roberts, Vice-Pres. of the Florida Public Utilities Company of West Palm Beach, addressed the Commission, discussing a proposed franchise for distribution of Natural Gas in the Delray area, as contained in an Ordinance prepared and submitted by the Florida Public Utilities Company of West Palm Beach. The Commission agreed that this proposal and prepared Ord- inance be referred to the Financial Advisory Committee for their study and recommendation. A letter from the West Coast Inland Navigation District, pertaining to their need for supporting documents for presentat- ion to the Appropriations Committee in conjunction with attempt- ing to obtain an appropriation for construction on the intra- state waterways canal from Ft. Myers to Tarpon Springs, was read. Commissioner Sundy moved that this matter be tabled for further study. Seconded by Commissioner Strong and unanimously carried. The Bids of Jack E. Carver, Inc., and liardrives, Inc., covering "Grading, ~olling, Water Binding and surfacing with one inch of Plant Mix Asphalt" the two (2) Drives at the New Fire Station on West Atlantic Avenue, were read and were as follows: Jack E. Carver, Inc., ~896.00 Hardrives, Inc., ~945.00 Commissioner Sundy made a motion that Contract be awarded the low bidder, Jack E. Carver, Inc., for Paving the Driveways of the New Fire Station in accordance with specifications submitted by the City Manager and the Fire Chief. Motion was seconded by Commissioner Barrow and unanimously carried. Commissioner Strong moved that necessary funds, in the amount of $896.00 be transferred from Unappropriated Surplus to cover cost of paving the Driveways at the New Fire Station on West Atlantic Avenue. Motion seconded by Commissioner Sundy and unanimously carried. Resolution No. 961, was read: A i~SOLUTION OF TIM CITY CO~ilSSIoN OF TI~ CITY OF DEL~Y BEACII, [~OdlDA, ~E~UInING PLANS, SPECIFICATIONS aND ~ ESTIMATE OF T~E COST OF OPENING, G~L4DING AND PAVING 5.E. P'OUHTH (4th) ST~T BETWEEN S.E. THI~ AN~ S.E. FIFTH AVENUES WHEr~EAS, the City Commission of the City of Delray Beach, Florida deems it to be necessary for the safety and convenience of the public to cause the following described street to be opened, graded and paved to a width of twenty-two (22) feet, to wit: S.E. 4th Street between S.E. 3rd & 5th Avenues~ and to assess the cost of such improvements against the lands abutting thereon, 29B AP~tlL 26th, 1955 NoW, THEAtEFOItE, BE 1T itESOLVED by the City Commission of the City of Delray Beach, Florida, as follows: SECTION 1: That the City Manager be required to submit plans, specifications, and an estimate of the cost of such improvement to be made, and that the same shall be placed on file in the office of the City Manager. PASSEB AND ADOPTED by the City Commission of the City of Delray Beach, Florida, on this the 26th day of April, A.D., 1955. (signed) W. J. Snow. Mayor ATTEST: ~. D. Worthing City C'lerk Commissioner Sundy moved that the above Hesolution be adopted, calling for the Opening, Grading and Paving of S.E. 4th Street be- tween 3rd and 5th Avenues. Motion was seconded by Oommissioner Strong and unanimously carried. Commissioner Strong made a motion that a letter be sent to the County Commission advising that body of the desire by the City Commission of the City of Delray Beach, that a study be made re- lative to South Palm Beach County Beach Erosion. Motion was secon- ded by Commissioner Sundy and unanimously carried. Commissioner Strong moved f°r acceptance of the recommendation from the Financial Advisory Committee, relative to their study of proposal from Smith & Gillespie pertaining to a feasibility report on Natural Gas distribution, and to extend thanks of the Commission for interest shown and to further advise that Committee of future possible meeting with a representative from Smith & Gillespie. Motion was seconded by Commissioner Sundy and unanimously carried. Commissioner Sundy moved that Bills, in the amount of $22,228.21 be paid, subject to the approval of the Finance Committee. Motion was seconded by Commissioner Barrow and unanimously carried. It was unanimously agreed to advise the Chamber of Commerce - Off-Street Parking Committee and the Planning Board of the offer from Dr. W. C. Williams to sell lots 6 - 15 inclusive, Block 85, to the City of Delray Beach, for the sum of ~35,000.00 A tentative Plat for a subdivision to be known as "Delray Isles", more commonly known as the Hofman tract, lying between Andrews Avenue and the Intercoastal Waterway south of N.E. 8th Street, submitted by Booth-Westerman was presented by John H. Adams for consideration by the Commission for possible annexation to Delray Beach. Commissioner Strong made a motion to refer the Plat to the Planning Board for their study and recommendation. Motion was seconded by Commissioner Sundy and unanimously carried. Commissioner Sundy moved that the request of Mrs. Alice Mayer to remone Lots 12 through 17, in Block 125, from "Apartment" to "Limited Business", be referred to the Planning Board. Motion was seconded by Commissioner Barrow and unanimously carried. The Assessment Roll covering the Construction, Grading and Paving of that part of S.W. Second Avenue lying between Third and Fourth Streets was read: APRIL 26th, 1955 ASSESSMENT ROLL Construction, grading and paving of that part of S. W. Second Avenue, lying between Third and Fourth Streets. Front Assessment Total Description Footage per Front Ft. Assessment Block 56 N.140 Ft of W.140.6 Ft; 140.00 Ft $ 2.18766 $ 306.27 W. fl., & Nellie Belcher S.200 ft of ".100.0 Ft; Florence M. Chivers 200.00 Ft " 437.53 ALL of said Blk 56 LESS the Following - W.146.6' of E.166.6' of N.182'; W.140.6' of N.140.0' of; also W.150.2' of S.200.0'; also W.137.0' of ~.157.0' of S.433.53' thereof: 274.35 Fro " 600.18 0. D. Priest, BLOCk 48 ALL 0F said Block City of Delray Beach 614.35 Ft° " _ 1~343.98 1,228.7 Ft. " ~ 2,687.96 TOTAL COST OF IMP~0VEM~NT--- $ 2,687.96 Commissioner Sundy made a motion that the Assessment Roll, as read, be approved. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Sundy made a motion that a public hearing be held at the next meeting of the Commissioners, to be held May 10th, 1955, in the Commission Chambers, for the purpose of hearing object- ions, if any, to said Assessment ~o11. Motion seconded by Commiss- ioner Barrow and unanimously carried. Commissioner Barrow made a motion that the request of Asbury Holley for transfer of Beer and Wine License No. 1192, located at Jones Inn - S. W. Corner of W. Atlantic and Fifth Avenues, from James R. Haywood Jr., be granted. Motion was seconded by Commiss- ioner Sundy. Upon call of Roll, Mayor Snow, and Commissioners Barrow and Sundy voted in favor of grant. Commissioner Strong was opposed. A letter was read, pertaining to advice from "Earnest, Lewis, Smith & Jones, Attorneys for the City's Public Liability Insurance Coverage, to the effect that trial of Montford Vs. City of Delray Beach, has been set for June 8th, 1955, at 9:30 o'clock A. M., wherein they suggested that the City Attorney might sit with the Insurance Counsel at the trial. The Commission agreed that, in their opinion, it would not be necessary for the City Attorney to attend this trial as the City would be well and properly represented by the Legal division of the Insurance underwriters. Commissioner Sundy made a motion that a Survey of the Side- walks in the City of Delray Beach be made inasmuch as many of them are badly in need of repalr. Motion was seconded by Commissioner Barrow and unanimously carried. 300 APttlL 26th, 1955 NOTICE OF "DOCKET" No. 4288-HR Commissioner Strong moved that the City of Delray Beach go on record as being opposed to the discontinuation of Passenger Trains Nos. 7 and 8, (Mlamian) between Jacksonville and Miami for the period each year between approximately April 15 and December 15, as requested in "Application" to the *'Florida Railroad and Public Utilities Commission", from the Florida East Coast Railway Company, through its Trustee - John W. Martih, at the Public Hear- ing Room at 2605 West Flagler Street, Miami, Florida. Motion was seconded by Commissioner Sundy and unanimously carried. A copy of letter from Burns, Middleton, Rogers and Farre11, addressed to State Senator Hussell 0. Morrow, and Representatives Emmett S. doberts and Fred O. Oickinson Jr., was read as follows: April 22, 1955 Honorable ~ussell G. Morrow State Senate Tallahassee, Florida Honorable Emmett S. Roberts House of ~epresentatives Tallahassee, Florida Honorable Fred 0. Dickinson, Jr. House of Representatives Tallahassee, Florida Re:; Senate Bill No. 153, House BIll No. 376 and House Bill No. 120 Our File PB-252.q it has come to our attention that Senate Bill No. 153 was read on first reading on April 12, and that an identical Bill was introduced in the House as House Bill No. 376 on April 18, 1955, amending Sedtions 253.12 and 253.13, Florida Statutes, relating to sovereignty tidal lands in the State of Florida. The purpose of this ~ct is to vest the title to sub- merge lands in Palm Beach and Dade Counties in the Trustees of the Internal Improvement Fund and provide for the sale thereof. Under the present law, a riparian owner has the right, in Palm Beach and Dade Counties, to fill Out the bulkhead line without being required to purchase the submerged land from the Trustees of the Internal Improvement Fund. Sen- ate Bill No. 153 and House Bill No. 376, if enacted into law, will vitally affect the riparian rights of all persons who own property bordering on the Intra-coastal Waterway, and consequ- ently affects property values in every city in the Palm Beach and Dade Counties. The right of a riparian owner to fill to the bulkhead line without pruchasing the land from the Trust- ees of the Internal Improvement Fund is a valuable property right. If the new law is enacted, each riparian owner in Palm Beach and llade Counties will be under the constant threat that the.'~rustees will off'er his property for sale to a stranger. The only notice provided in the Act is a public- ation in a newspaper. If the Upland owner fails to see the notice and fails to make objection, he could be divested of his riparian rights and the submerged land abutting his pro- perty sold to a stranger. APIiIL 26th, 1955 A bill introduced in the House as House Bill No.120 on April 12, 1955, is a desirable bill from the standpoint o£ all riparian owners in all counties. The substance of the bill is to require notice by registered mail to the upland owners whose riparian rights would be affected by a proposed sale of submerged land. The Mayor and Town Council of the Town of Palm Beach, on behalf of the Citizens of the Town, strongly recommend that House Bill No. 120 be enacted into law and that Senate Bill No. 153 and House Bill No. 376 be rejected. ~(espectfully yours, (Signed) Elwyn L. Middleton Town Attorney Town of Palm Beach, Florida" Commissioner Strong moved that the action taken by the Town of Palm Beach, as outlined in said letter relative to recommending that House Bill No. 120 be enacted into law and that Senate Bill No. 153 and House Bill No. 376 be rejected, be endorsed by the City of Delray Beach. Motion was seconded by Conn~issioner Sundy and unan- imously carried. Bids for One (1) NEW PLATFo~N BODY TaUCK, for the Water Department, were read as follows: Bev Smith Ford, Inc., $ 2,511.73 Adams Chevorlet Co., 2,515.00 Earl Wallace Ford, Inc., 2,690.73 Commissioner Barrow moved to award purchase contract for this Equipment to the Adams Chevorlet Company, said Truck to be furnished in accordance with specifications contained in the orig- inal invitation to bid and the Bid, as submitted. Notion was sec- onded by Commissioner Strong and unanimously carried. Conm~issioner Strong moved that ~128.88 be transferred from Unappropriated. Surplus to cover aost of Insurance on the N~W Fire Station in Ward I, which had not been anticipated at Budget time. Notion was seconded by Commissioner Sundy and unanimously carried. Commissioner Sundy moved that a quit-Claim Deed, covering Lots 4 and 5, Block 89, be issued to 0. D. Priest Jr., to correct an error of Plat Book reference made in the original deed, subject to the approval of the City Attorney. Notion was seconded by com- missioner Barrow and Unanimously carried. The following Ordinance was read: 0RDIN~kNCE NO. G-205. AN 0~DIN~NCE OF TH~ CITY C0NNISSIoN OF THE C1TY OF DELn~Y BE~Ch, ~LO~IDA, PRO- VIDING FOR FING~i-PRINTiNG OF PERSONS CHA~G~D WITH OH CONVICTED OF ANY CRIMINAL OFI~NSE UNDO( CITY OF DF~Lt~AY B~ACH,FLO~IDA CODE. B~ IT O~DAINED BY TI~ CITY COMPASSION OF TH~ CiTY OF DELseY B~ACIt, FLOalDA, AS ~LLOW$: Section 1: It is hereby made the duty of the Police department, when in their opinion it is necessary for the protection of the public, to finger-print all persons charged with or convicted of any criminal offense under the City Code of the City of Delray Beach, Florida. Section 2; The Police Department is hereby required to furnish a copy of all fingerprints made by them to the Federal Bureau of Investigation. Section 3: That all ordinances and parts of ordinan- 3O2 APHIL 26th, 1955 ces in conflict herewith be, and the same are hereby repealed. PASSEb in ~egular Session on second and final read- ing on this the day of A.D., 1955. --" Hayor ATTEST: city Clerk 1st Reading: April 26t 1955 2nd Heading PASSED AND ADOPTED Commissioner Strong moved that Ordinance No, G-205 be placed on first reading. Motion was seconded by Commissioner Sundy and unanimously carried. Commissioner Strong and Comissioner Barrow requests the City Manager submit any proposed alteration of the offices and uses of the City Hall recently vacated by the Fire Department. Commissioner Strong moved th ~ the City of Delray Beach acknowledge its endorsement of the widening and improving of AIA through the City of Delray Beach. Motion was seconded by Commissioner Sundy and unanimously carried. The County Commiss- ioners are to meet ~rith the State Road Department in Ft. Lauder- dale. Commissioner Sundy moved that "Left Hand Turns'~ throughout Delray Beach be allowed and the "NO LEFT TUHNS" signs be removed until further notice. Motion was seconded by Commissioner Barrow and unanimously carried. The City Clerk was asked to ascertain what progress has been made toward creation of the South Palm Beach County Beach and Park District. Meeting adjourned. (Signed) R.D. gorthing City Clerk' APP~0VED: Mayor