05-10-55 }~Y 10th, 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 Manager W. E. Lawson Jr., present and
the following Commissioners, Glenn B. Sundy, Catherine E. Strong,
Emory J. Barrow and W. Cottingham Allen, a quorum being present.
The minutes of the meeting held April 26th were approved as
written, upon motion of Commissioner Strong and seconded by Commiss-
ioner Sundy. Unanimously carried.
The City Manager advised of having established and platted a
portion of the new Negro Cemetery and Commissioner Sundy moved to
fix the following costs for said lands; thirty-five (35) dollars
per lot (single plot sales) or one hundred sixty (160) dollars per
Lot (Lot comprised of five (5) plots). Motion was seconded by
Commissioner Strong and unanimously carried.
Commissioner Sundy moved that the letter, dated April 25th,
1955, from Mr.~ tl. L. Blits, President of ~idge Construction Co.,
concerning future development of a portion of Section
S, iige. 43 E., immediately south of Lake Ida, be referred to the
Planning Board for study and recommendation. Motion was seconded
by Commissioner Barrow and unanimously carried.
Conu~issioner Barrow moved that the City Manager obtain bids
for the improvement of N.E. Second Avenue from Atlantic Avenue to
N.E. 2nd Street. Motion was seconded by Commissioner Strong and
unanimously carried.
Commissioner Barrow made a motion that the City Manager pro-
cure plans and specifications, including drainage, for the improve-
'ment of the following streets:
SE 3rd Avenue from Atlantic Avenue to SE 2nd Street.
NE 2nd Street from Swinton Avenue to NE 7th Avenue.
SE 2nd Street from Swinton Avenue to NE 7th Avenue.
Motion was seconded by Commissioner Sundy and unanimously carried.
With reference to the offer of sale to the City of Lots 1,
and 28 in Block 40, by the Henry K. Greene ~tealty Co., Commissioner
Sundy moved that this matter be referred to the Planning Board for
consideration and recommendation. Motion was seconded by Commission-
er Barrow and unanimously carried.
IiESOLUTION NO. 962
A J'~E$OLUTION OF Tire CITY CU~IlSSION OF
C1TY OF DELIt~Y BEACH, FL0iilDA, 0~DE~tlNG THE
OPENING, G~DING aND P~ViNG
BETWEEN GLEASON STKEET AND UCE~kN BuULEV~kltD.
WH~tEAS, the City Commission of the City of Delray Beach,
Florida, did, on the 12th day of October, A. D., 1954, adopt
a ~esolution ordering the City Manager to prepare plans and
specifications together with estimate of cost of opening,grad-
ing and paving of Shulson Street between Gleason Street and
Ocean Bouldvard, to a width of twenty (20) feet, and requiring
said plans, specifications together with estimate of cost of
such improvement to be placed on file in the office of the City
Manager, and
WHEreAS, the City Commission deems it to be necessary for the
safety and convenience of the public to open, grade ar~ pave said
stree t,
NOW, TBE~tEFOitE, BE IT ~tESoLVED by the City Commission of the
City of Delray Beach, Florida, that it is determined to make the
following described improvement, to-wit:
304
MAY 10th, 1955.
The opening, grading and paving of
Shulson Street between Gleason Street
and Ocean Boulevard, to a width of twenty
(20) feet, the total cost as estimated of
such improvement being ~2,400.00
BE 1T FUHTI-iFA{ ~SULVED that the entire cost of such improvement
shall be assessed against the following described properties in
Delray Beach, Palm Beach County, Florida:
South 100' of West 275' of Ocean Beach Lot 28,
South 100' of East 210' of Ocean Beach Lot 28,
West 150' of Ocean Beach Lot 29,
North 88.2' of Ocean Beach Lot 29 less the
West 150' thereof,
said benefits to be determined and prorated according to the
front footage of the respective properties as set forth immed-
iately above.
BE IT FUi{TH~a ~SOLVkD that said special assessments against
all the parcels of lands as set forth above which are specially
benefitted, shall be and remain liens superior in dignity to all
other liens, except liens for taxes, until paid, from the date
of the assessment upon the respective lots and parcels of land
assessed, and which shall bear interest at the rate of eight
per cent per annum, and which may be paid in five (5) equal year-
ly installments with accrued interest on all deferred payments.
Payment shall be made at the same place that taxes payable to %he
City of Delray Beach, Florida, are paid, namely the office of the
City Tax Collector, and upon failure of any property owner to pay
the annual installment due, or any part thereof, or any annual in-
terest upon deferred payments, the City of Delray Beach may bring
necessary legal proceedings by a Bill in Chancery to enforce pay-
ment thereof with all accrued interest, together with all legal
costs incurred, including a reasonable Attorney's fee. The total
amount of any lien may be paid in full at any time with interest
from the date of assessment.
IT IS OiiDEtiED that the City Commission shall sit at the City
9all in the City of Delray Beach, Florida, at 2:30 P. M., on June
14th, 1955, for the purpose of hearing objections, if any, on said
proposed improvement, as set forth above.
IT IS F~THE~ 0~iDEr~D that this Resolution be published once a
week for three (3) consecutive weeks in the Delray Beach Journal.
PASSED aND AUOPTE~ by the City Commission of the City of belray
Beach, Florida, on this the 10th day of May, A. D., 1955.
(Signed) W.J. Snow
Mayor
ATTEST:
(Signed) R. D. Worthing.
Cl~"C'le~k
Commissioner Strong moved that Resolution No. 962 be adopted
on its first and final reading. Motion seconded by Commissioner
Sundy and unanimously carried.
I~L~Y 10, 1955.
0HI)INANCE NO. G- 206.
AN O~DINANCE OF T~E CITY COMMISSION OF THE
CiTY OF DELrtaY BEACH, FLOriDA, LEVYING THE
ASSESSMENTS AS SHOWN BY ThE ASSeSSMenT ~LL
MUSMITTED BY THE CITY ~AG~ OF MA1D CITY,
CONCERNING ThE GONMT~OCTIuN, Gi~ING ~D
PAVING OF M. W..SECOND AV~ BETWEEN THIRD
~D bD~TH STREETS, TO A WIDTR OF T~NTY-
TWO (22) F~XT.
Co~issioner Sundy moved that Ordinance G-206 be placed on
its f~st reading. Motion was seconded by Commissioner Barrow
and unanimously carried.
City Manager Lawson ~en advised the Co~ission of recommend-
ations from the Planning Board relative to various matters previous-
ly referred to ~at Board for its study.
Co~issioner Strong moved that ~e request of L. W. Quince, Jr.
for deviation on Lots 1 and 2, Block 38, as recommended by the Plann-
ing Board, be granted. Motion was seconded by Co~issioner Barrow
and unanimously carried.
Co~issioner Sundy moved that the request, as written, of Dr.
C. W. Nelson be denied, but that Dr. Nelson be requested to submit
a new plat to conform with requirements and reco~endations of the
Planning Board with particular reference to Zoning.
i~ESOLUTION NO. 964.
A itESOLUTION ~1~,' THE CiTY CO~IISSION OF
THE CITY OF DELit~Y BEACH, FLORIDA, TO
~ANDON AN ~LEY LYING B~TW~N McGI~EY
AND HOF~N AV~M, IN T~ McGINLEY-
W~AS, all of the affected land owners have joined
together and have petitioned the City Council to vacate
and ~bandon the 16 foot land area considered as alley-
way running No~th and South lying immediately East of the
East boundary line of Lots 5, 6 7, and 8 and further lying
i~ediately West of the West boundary line of Lots 36 and 9,
all of said lots being described accordi~ to McGinley a~
Gos~n's Subdivision, a subdivision of the City of Oelray
Beach, Florida, as per plat thereof on file in the office
of the Clerk of fl~e Circuit Court in and for Palm Beach
County, Piorida, recorded in Plat Book 2, page 87, public
~ecords of Palm Be~ch County, AoPl~a. and
W~,~AS, the said petition having been considered by
the Zoning and Planning Board of ~e City of Delray Beach;
and
W~aS, said Zoning and Planning Board have reco~end-
ed the vacation and abandonment of same; and
W~(~S, said alleyway is not now and never has been
used; and
WH~M, the City Council deems it to be to the best
interests and growth of the City of Delray Beach to cause
said alleyway to be abandoned; and
WHE~AS, the petitioners have heretofore by deed of
conveyance conveyed unto the City of Delray Beach located
in Palm Beach County, Florida; The Westerly 10 feet of
Lots 5, 6, 7 and 8, as well as having conveyed the Easter-
ly 5 feet of lots 11 and 34 all described according to Mc-
Ginley and Gosman's Subdivision of the City of Delray Beach
305
HAY 10, 1955.
described above, said property conveyed to be used for
the widening of County Road, now N. E. Fifth Avenue, and
Dude Avenue, now U. S. Highway ~ 1, said lots being locat-
ed in the City of Delray Beach, Florida; and
WKE~A$, petitioners agree to convey by ~uit-Claim
Deed of conveyance additional lands~'located on the East-
erly side of Lots 11 and 34, ~lcGinley and Gosman's Sub-
division as described aforesaid so as to increase the
right-of-way of Dade avenue, now U. S. Highway ~ 1. to
50 feet measured from the center line of said 50 foot
platted avenue, westerly, thereby increasing the width
of Dade Avenue at this point to 75 feet.
NOW, I'HE~FOi~, BE IT i~ESOLVEU by the City Council of
the City of Delray Beach, Florida, that the 16 foot alley-
way running North and South and lying immediately East of
Lots 5, 6, 7 and 8 and further lying in~ediately West of
Lots 36 and 9 of said subdivision and said alleyway being
bounded on the North by the South boundary line of ~lcGinley
Avenue and being bounded on the South by the North line of
Hofman Avenue and being located in the subdivision of Mc-
Ginley and Gosman's Subdivision of the City of Delray
Beach, Florida, as per plat thereof on file in the office
of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 2, page 87 and more
specifically being shown by the sketch of part of McGinley
and Gosman's Subdivision attached hereto and made a part
hereof be and the same is hereby vacated and abandoned.
ADOPTED by the City Council of the City of 1.~elray Beach,
Florida, this the 10th day of May, ~. D., 1955.
(Signed) W.J. Snow
Hayor.
ATTEST:
(Signed.) ~. D. Worthing
Cit'y Clerk
Commissioner Sundy moved to adopt Resolution No. 964 on
first and final reading, which iiesolution provided for the aband-
onment of an alley adjacent to the east boundary line of Lots 5,
6, 7 and 8 HcGinley~ 6osman S/D, and which lies between HcGinley
and Hofman Avenues, per Plat Book 2, Page 87, filed in the office
of the Clerk of Circuit Court in and for Palm Beach County, Flo-
rida, as previously requested by the Earl Wallace Ford Agency and
recommended by the Planning Board. Motion seconded by Commissioner
Barrow. Upon Call of t[oll, the following favored tJ~e motion,
Hayor Snow, Commissioners Sundy, Barrow and Allen. Commissioner
Strong was opposed.
~SOL~TiON NO. 960.
A ~(ESOLUTION OF TIIF~ CITY COF~iISSION OF
TfI~ CITY OF DELrLaY BEACH, FLORIDA, T0
CONTROL DISPOSITION OF CHINCH BUG IN-
FESTSD MOD.
Commissioner Strong moved t~t Resolution No. 960 be adopted
on first and final reading. Motion was seconded by Commissioner
Allen and una, nimously carried. The Co~ission further requested
the City Manager to contact all nurserymen and lawn maintenance
firms and solicit ~eir co-operation to effect compliance with
this Resolution.
HAY 10, 1955.
Commissioner Strong moved that the City attorney's bill of
~ay 4th, in the amount of ~;25.00, for services rendered in con-
nection with the preparation of Lease and ~eleases for V. F.
and Gladiolus Festival Association, be paid and authorized the
transfer of necessary funds for such payment from Unappropriated
Surplus. ~otion was seconded by Commissioner Barrow and unanim-
ously carried.
Commissioner Strong moved for approval and payment of the
City Attorney's Bill of ~lay 9th, in the amount of $1,150.07 for
services rendered and costs incurred in connection with the Yal-
idation of ~110,000. in Special Franchise Tax Revenue Certificates,
and the necessary Funds be transferred from Unappropriated Surplus.
~iotion was seconded by Commissioner Sundy and unanimously carried.
City Manager Lawson was instructed to contact the City ~lanager
of }liami and effect any and all possible assistance toward prevent-
ing the F.E.C. }~., from discontinuing Trains No's. 7 and $, (Mia-
mian), at a meeting called for public hearing on the matter to be
held in Miami, on June 14th, 1955.
Sections 5-4 and 5-5, of Article 2, Chapter 5 of the City Code,
pertaining to licensing of dogs were briefly discussed and the mat-
ter tabled until the next regular meeting to provide Further inves-
tigation.
}ir. George Warren of the Chamber of Commerce Off-Street Park-
ing Committee reported on off-street parking and the Board's re-
cent findings and recommendations and }ir. Warren' s report was
tabled for further study.
The City Commission expressed its sincere appreciation for,
and its understanding of the efforts and time devoted by
Warren arid the entire Committee in connection with Off-Street
Parking problems, as well as the vast amount of valuable data
obtained.
City }Ianager Lawson and the Building Inspector discussed
setback problems in the Northridge S/D, rest~lting /'rom an orig-
inal survey discrepancy.
Commissioner Sundy moved that the matter be referred to the
Planning Board. 5lotion was seconded by Commissioner Strong and
unanimously carried.
,it the suggestion of Commissioner Strong it was 'agreed that
the City Connnission would meet with the Youth ~ecreation Committee
and the Playhouse Group, relative to use of the Civic Center, at an
early date.
Commissioner Strong stated that some action should be taken to
notify the Negro residents of "loan sharks", alleged to be operat-
ing in the Delray Beach area. }irs. Britt snggested that possibly
word should be sent to members in the Legislature soliciting their
aid in effecting means of prohibiting such operations in this area.
Con~issioner Strong moved that all Negro property owners be
notified by letter to consult with their Delray Beach Improvement
Corporation for advise before signing any papers particnlarly in
connection with obtaining or attempting to obtain a loan on their
property. }lotion seconded by Commissioner Allen and unanimously
carried.
The City Clerk was requested to contact members of the Legis-
lative body and any other official groups to determine what, if
any, action or steps might be taken toward protecting the Negro
property owners from being so vulnerable in their dealings with
unscrupulous lending agencies, more commonly referred to as
"loan sharks."
Commissioner Sundy moved that Bills, in the amount of ~63,007.42
be paid, subject to the approval of the Finance Committee. ~otion
was seconded by Commissioner Allen and unanimously carried.
}b~¥ 10th, 1955.
It was agreed that the City Clerk should forward the City
Commission's expression of appreciation for services rendered as
Patrolmen at the Plumosa School to the following:
Mr. Paul W. Mize
Mr. John J. Clark
Mrs. Lulabelle Weiss~
Mr. Harvey DeRosier
The City Commission requested that the Motor Vehicle Dep-
artment be contacted in an effort to determine the validity of a
$60.00 charge for furnishing an annual Automobile liegistration
List for Palm Beach County.
The Commission further requested that the Clerk take steps
toward investigating the possibility of obtaining Transcripts from
the Court Necords at less cost than the current ~300.00 per year
charge.
The City.~Manager was instructed to contact Mr. Charles C.
Hering of the Delray Patio relative to taking steps toward elimin-
ation or the lessening of undesirable noise and usage of the
"Patio Delray" Parking Lot through possible installation of chains
or guard rails.
Meeting adjourned.
(Signed) a. O. Worthing
C i-('~ Clerk
APP~0V~D:
Mayor