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06-14-55 3U'gE 14th, 1955. A Regular Meeting of the City Commission of the City of Delray Beach was held in the Commission Chambers at 7:30 P. M. with Mayor W. J. Snow in the Chair, City Manager W. E. Lawson, present and the following Comissioners, Glenn B. Sundy, Chatherine E. Strong, Emory J. Bar~ow and Q. Cottin~ham Allen, a quorum being present. An operning Prayer was delivered by Rev. J. G. Robinson. . The minutes of the May 24th, 31st and June 7th meetings were approved as corrected, upon motion by Commissioner Strong, seconded by Commissioner Bar~ow and unanimously carried. Commissioner Bar~ow made a motion that we ask for more bids for sodding the 10 foot wide bank (east side of the walk) at the beach, Ail bids to be submitted by July 12th. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Allen then moved that the funds for bulkhead pur- poses be transferred to the Beach Trust Fund. Notion vas seconded by Commissioner Strong and unanimously carried. City Hanager Lawson submitted a map which pointed out the re- sult of the study of the street lighting system. His recommendation would require approximately $250.00 per month for initial start the street light program. Commissioner Strong moved that the City M~nager*s reoo~menda,- tion be accepted with regard to the street light program, and that provision be made in the coming Budget to cover necessary expend- itu~e. Commissioner Sundy seconded the motion which vas umantm- ously carried. Commissioner Strong moved that the City establish a policy of sharing the total cost of streets as follows.' l~lmary Streets (include business) 70~; Secondary, 40~; Residential, 20~ and Dead End, Commissioner Bar~ow seconded the motion which was unanimously carried. City Manager Lawson recommended that the City pay 100~ on drainage for the two blocks of N.E. Second Avenue, North of Atlantic AVenue · Commissiener Bar~ow moved that City Manager*s recommendation be accepted in that the City pay all drainage costs for two blocks North of Atlantic Avenue on N· E. Second Avenue. Motion was seconded by Commissioner Sundy and unanimously carried. Commissioner Sundy made a motion that the Classification as applied to streets, with respect to the City*s share of the total cost, be likewise applied to sidewalks and curbing. Motion was seconded by Commissioner Strong and unanimously carried. City Manager Lawson read Resolution No~ 967. (Here appears copy) RESOLUTION NO. 967. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND AN' ESTII~TE OF COST FOR CI.~RING, GRADING AND PAVING N. E. SECOND AVENUE BETWEEN ATLANTIC AVENUE AND lq, Eo SECOND STREET WITH BITUI~NOUS CONCRETE TO A WIDTH OF FORTY (40) FgET. JUNE 14th, 1955, WHEREAS the City Commission of the City of Delray Beach, Florida, deems it to be necessary for the safety and convenience of tho public to clear, grade and pave N. E. Second Avenue between Atlantic Avenue and N. E. Second Street w~th Bituminous Concrete to a width of forty (40) feet, the City. of Delray Beach, Palm Beach County, Florida, to share the cost of such improvement with the owners of lands abutting thereon. NOW, T~EREFORE, BE IT RESOLVED by the City Comm- ission of the City of Delray Beach, Palm Beach County, Florida, as follows: SECTION 1: That the City Hanager be required to submit plans, specifications and an estimate of the cost of such improve- ment to be ~ade, and that the same . shall be placed on file in the office of the City Manager. PASSED and ADOPTED by the City Commission of the City of Delray Beach, Florida, on this the 14th day of 3une, A. D., 1955. (Signed) W.J. Snow Hayer. ATTEST: (s~.~n.e.d) . Re ... Do Worthins City Clerk Coemissioner Strongmoved that Resolution No. 967 be passed on its f~rst and final reading. Motion was seconded by Cometssion- er Barrow and unanimously carried. City Manager Lawson read Resolution No. 968. (Here appears Copy) RESOLUTION NO. 968. A RESOLUTION OF THE CITY rCOHHISSION OF THE CITY OF DELRAY BFACH, FLORIDA, ORDERING THE CLEARING, GRADING AND PAVING OF N. E. SECOND AVH~UE BETWEEN ATI_.A~TIC AVENUE AND N. E. SECOND STREET, WITH BITUHINOUS CONCRETE, TO A WIDTH OF ~0aTY (4o) FEET. WHERF~, the City Commission of the City of Delray Beach, Florida,. did, on the 14th day of June, A. D., 1955, adopt t resolution ordering the City N~nager to prepare plans and specifications and estimate of cost for clear- ing, grading and paving N. E. Second Avenue between Atlantic Avenue and N. E. Second Street,with bituminous concrete to a width of forth (40)feet, and requiring said plans, specifications and estimated cost of such improvement to be placed on file in the office of the City Hanager, and WHEREAS, the City Commission deems it to be necessary for the safety and convenience of the public to make the above described improvement to N. E. Second Avenue between Atlantic Avenue and N. E. Second Street. 327 JUNE 14th, 1955. NOW, THEREFORE, BE IT RESOLVED by the City Colission of the City of Delray Beach, Florida, that it is dete~ined to make the following described ~- provement, to-wit: Clear, grade and pave N. K. Second Avenue between Atlantic Avenue and N. E. Second Street, with Bitu~inous Concrete, to a width of forth (40) feet, the total cost, as estimated, of such improvement being $13,000.00 BE IT FUR~EH RESOLVED that the entire cost of such improvement shall be shared by tho City of Delray Beach, Florida, and the following described properties in Delray Beach, Palm Beach County, Florida, on a basis of the City of Delray Beach paying seventy (7~) per c~nt of the cost and the abutting properties, shown below, paying thirth (30) per cent. Lot 18, Block 76 Lot 12, ' 76 Lot 11, ' 76 Lot 10, " 76 Lot 9, " 76 Lot 8, " 76 Lot 7, ' 76 Alley in . 76 LOt 16, Block 75 Lot 15, " 75 Lot 14, ~ 75 Lot 13, w 75 Lot 12, " 75 Lot 11, " 75  of- Lot 10, ~ 75 of- Lot 10, ~ 75 Lot 9, " 75 Lot 8, Block 84 LOt 7, " 84 Lot 6, " 84 Lot 5, " 84 Lot 4, " 84 LOt 3, " 84 Lot 2, " 84 Alley in " 84 Lot 8, Block 83 Lot 7, " 83 Lot 6, " 83 Lot 5, " 83 S.50.15~ of- Lot 4, " 83 N.26.~5~ of- Lot 4, " 83 S. 8.8~ of- Lot 3, " 83 N.33.7~ of S.42.5t of-- Lot 3, " 83 N. 34t of-- Lot 3, " 83 S. 19.2t of Lot 2, " 83 N. 18.8t of S. 38~ - of Lot 2, " 83 S. 20' of N. 38.5' of Lot 2, " 83 N. 18.5t of Lot 2, " 83 Lot 1, " 83 JUNE 14th, 1955. said benefits to be determined and prorated according to tho front footage of the respective properties as set forth tJe~ediately above. BE IT FURII~EI~ RESOLVED that said special assess- merits against all the lots and lands as set forth herein which are specially benefitted, shall be and remain liens superior in dignity to all other liens, except liens for taxes, until paid, f~om the date of the assessment upon the respective lots and parcels of land assessed, and whtch shall bear interest at the rate of eitht (8) per cent per annu~, and which ~ay be paid in five (5) equal yearly in- stallments with accrued interest on all deferred payments. Payment shall be ~ade at the same place that taxes payable to the City of Del~ay Beach, Florida, are paid,namely, at the office of the City Tax Collector, and upon failure of any property o~ner to pay any annual installment due, or any part thereof, or any annual interest upon deferred. payments, the City of Delray Beach may bring necessary legal proceedings by a Bill in Chancery to enforce payment thereof : with all accrued interest, ~together with all legal costs in- curred, including a reasonable attorney's fee. The total a~ount of any lien may be paid in full at any time with in- terest from the date of assessment. IT IS ORDERED that the City Coem~ssion shall sit at the City Hall, in the City of Delray Beach, Florida, at 2:30 Po N., on the 28th day of June, A. D., 1955, for the purpose of hearing objections, if any, on sa~d proposed improvement, as set Forth herein. IT IS FURTHER ORDERED that this Resolution be pub- lished once a week for two (2) consecutive weeks, in accord- ance with the Charter of the City of Delray Beach, Florida, in the Delray Beach Journal° PASSED AND ADOPTED by the City Comission of the City of Delray Beach, Florida, on this the 14th day of June, A. D., 1955o (si~ned)' ,w. J. snow ,, ~yor ATTEST: (Si~ned) R.D. Worthi.n~ City Clerk Comissioner Sundy ~ade a motion that Resolution No. 968 be passed on its first and f~nal reading. Notion was seconded by Co~missioner Strong and ~ani~ously carried. City ~ager ~wson ~ead ~esolution No. ~9. (Here appears copy) ~SOLUTION N0. ~9 A ~SOLUTION OF ~ CI~ ~ISSION OF T~ CI~ OF D~Y B~CH, F~DA, ~QUIRING P~NS, ~E~FICA~ONS A[~ ~ ~TI~ OF ~ST ~R ~g CONS~UCTION OF FI~ (5) ~T SIDe, LES ~ ~ 0N T~ ~ST ~ ~EST SID~ OF N. g. S~ND A~~ B~E~ A~~C 329 ~ 1.4th, 1955. WHEREAS, the City Commission cfr the City of Delray Beach, Florida, deems it to be necessary for the saffety and convenience of the public to constr~ct a frive (5) froot sidewalks and curb on the East and West sides of N. E. Second Avenue between Atlantic Avenue and No Eo Second Street, the City of Delray Beach, Palm Beach County, Florida to share the cost of such improvement ~th owners of lands abutting th ereon NOW, THEREFORE, BE IT RESOLVED by the City Comm- ission of the City of Delray Beach, Florida, as follows: Section 1: That the City Manager be required to submit plans, specifrications and an estimate of cost of such improvement to be made, and that same shall be placed on frile in the ofrfice of the City PASSED and ADOPTED BY THE CITY CONNISSION cfr the City June, A° Do, 1955. .(,Si~ned) W. ,~. Snow Mayor ATTEST: (Si~ned) R.D. Worthing City Clerk. Commissioner Strong moved that Resolution No. 969 be passed on its first and final readingp Motion was seconded by Commissioner Barrow and unanimously carried. City Manager Lawson read Resolution No. 970. (Here appears copy) RESOLUTION NO. 970. A RESOLUTION OF THE C Ilar COHHISSION. OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING CONSTRUCTION OF FIVE (5) FOOT SIDEWALKS AND CURB ON THE EAST AND WEST SIDES OF N. E. SECOND AV~UE, BETWEEN ATLANTIC AVENUE AND N. E. SECOND STREET. ~EH~A,q, the City Commission of the City of Delray Beach, Florida, did, on the.14th day of June,-A. D., 1955, adopt a Resolution ordering the City Nsnager to prepare plans and specifrications, together with estimate of cost for the construction of sidewalks and curb on the East and West sides of N. E. Second Avenue, between Atlantic Avenue and N. E. Second Street, and requirin~ said plans, specifi- cations and est~nated cost cfr xuch construction to be placed on file in the ofrfice of the City Hanager, and WHEREAS, tho City Commission deems it to be necessary for the safety and convenience of the public to make the above described improvement to No Eo Second Avenue, between Atlantic Avenue and N. E. Second Street. NOW, THEREFORE, BE IT RESOLVED by tho City Commission cfr the City of Delray Beach, Florida, that it is determined to make the frollowing described ]Juprovement, to-wit: Construct Five (5) Foot Sidewalks and Curb on the East and West Sides cfr N. E. Second Avenue, Between Atlantic Avenue and N. E. Second Street, the total cost, as estimated, for such 330 3UNE 14th· 1955. improvement, being $8~500.00 BE I? FURTHER RESOLVED that the entire cost of such provement shall be shared by the City of Delray Beach, and the following described properties in I~elray Beach· Palm Beach County· Florida~ on a basis of the City ct' Delray Beach paying seventy (70) per cent of the cost of said ~Japrovement~ and the abutttn~ properties· shown below~ payin~ thirty (30) per cent. Lot 18· Block 76 Lot 12· ~ 76 Lot 11, " 76 Lot 10· " 76 Lot 9, " 76 Lot 8· " 76 Lot 7, " 76 Alley in " 76 LOt 16· Block 75 LOt 15· " 75 Lot 14~ " 75 Lot 13· " 75 LOt 12· " 75 Lot 11, " 75 ~i of LOt 10, "75 of Lot 10· " 75 Lot 9· " 75 Lot 8, Block 84' LOt 7· " 84 Let 6, " 84 Lot 5· " 84 Lot 4, " 84 . Lot 3 · " 84 Lot 2, " 84 Alley in " 84 Lot 8· Block 83 Lot 7, " 83 Lot 6· " 83 Lot §, " 83 $. 50.15' ct' Lot 4~ " 83 N. 26.35* of LOt 4· " 83 9. 8.8' of Lot 3, " 83 N. 33°7* o1' $. 42°5* of LOt 3· " N. 34* - of Lot 3· " 83 9. 19.2' -of Lot 2~ " 83 N. 18.8' - of.$. 38.* - of Lot 2· ~ 83 9. 20. ~ of N. 38.5*- of LOt 2· s 83 N. 18.5'- of LOt 2, ~ 83 Lot 1, " 83 said benefits to be de%e~ained and prorated according to the front footage of the respective properties as set forth media%ely above. BE IT FUH~HE~ RE$0LIrED that said special assessments against all the lo%s ~nd lands as set forth herein vhioh ~re specially benefitted~ sh~ll be and remain liens superior in dignity to all other liens· except liens for taxes· until paid· from the d~te of the assessment upon the respective lots ~nd parcels of l~nd assessed· and vhioh shall bear interest at the rate of el~l (8) per sent per ~~ ~nd ~ioh ~y be p~id in five (5) equ~l yearly ~stallaenis ~th accrued interesi on ~11 defe~ed p~y- aenis, Pa~eni s~ll be sade ~t the s~e place ih~i t~xes p~y- ~ble to ~he City of Delsey Beaoh~ Flovida~ a~e paid; n~ely~ the office of the City Y~x Colleoio~ and upon, failure of any JUNE 14th· 1955. property owner to pay any annual Installment due· or any part thereof· or any /m~ual lnterest upon deferred payments, the City of Delray Beach may bring necessary legal proceed- ings by a Btll in Chancery to enforce payment thereof with all accrued Interest, together w/th all legal costs Incurred· including a reasonable attorney's feel. ~he total am~ount of any lien may be paid tn full at any time wlth lnterest from the date of assessment. IT IS ORDERED that the Clty Commission shall s It at the City Hall· in the Clty of Delray Beach, Florida· att 2:30 P. H.· on the 28th day of June, A. D.· 1955· for the purpose of hearing objections, if any, on sald proposed improvement· as set forth hereln. IT IS FURTHER ORDERED THAT th/s Resolution be pub- ltshed once a week for two (2) consecutive weeks, In accord- ance wlth the Charter of the City of Delray Beach, Florida· In the Delray Beach Journal. PASSED AND ADOPTED by the City Commission of the Clty of Delray Beach, Florida, on this the 14th day of June, A. D.· 1955. (St~ned) W.J..Snow ~hyor ~TTES T: (S, sned) R.D. worthing t ltZ 'Clerk Commissioner Barrow moved that Resolution No. 970 be adopted on 1ts first and fl~al reading. Hotton was seconded by Comm/sstoner Strong and unanimously carried. City Nanager Lawson read 0rdlnance G-208. ORDINANCE G-208. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BFACH, PALH BEACH COUNTY, FLORIDA, ANNEXING TO THE CITY OF DELHAY BEACH THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PALH BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THE CITY OF DELHAY BEACH, TO WIT: THE SOUTH HALF OF THE NORTH HALF OF THE WEST HALF AND THE SOUTH HALF OF THE WEST HALF OF GOV~JOIENT LOT Io SECTION 9, TOWNSHIP 46 SOUTH, lh~NGE 43 EAST AND THAT PART OF LOTS 16, 17· 18, and 19·LYING EAST OF THE EASTEBLY RIGHT-OF-WAY LINE OF THE INTRA- COASTAL WATERWAY AND THAT PART OF LOT 15 LYING EAST OF SAID RIGHT-OF-WAY LINE AND SOUTH OF THE WESTERLY EX- TENSION OF THE NORTH LINE OF THE SAID SOUTH HALF OF THE NORTH HAr.~ OF Tn WEST HALF OF GOVERNNENT LOT 1; SAID LOTS BEING DESCRIBED ACCORDING TO HODEL lAND COHPANY'S SUBDIVISION OF SAID SECTION 9 RECORDED IN PLAT BOOK 8, PAGE 40, PUBLIC RECORDS OF PALH BEACH COUNTY; FLOHIDA, AND PROVIDING SAID PROPERTY SHALL NOT BE SUBJECT TO EXISTING BONDED INDEBTEDNESS OF CITY OF DELRAY BEACH, FLORIDA. WHEREAS· the City Councll of the City of Delray Beach· has determined to annex to the City a tract of land as more particularly described in Sect/on 1 hereof· and -JUNE 14th, 1955. WHEREAS, Booth Wester~an, Inc.,' a:Pennsylvania corporation authorized to do business in the State oti Florida, is the sole ties simple title owners oti the property described in Section 1 hereoti~ has duly consented to give per~ssion to the annexation oti said property by the City oti Delray Beach, and WHEREAS, the City oti Delray Beach, Florida, is authorized by virtue oti Chapter 27,510, Special Laws of Florida, Acts 1951~ to annex the said lands; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as tiollows: Section 1: That the City Council of the City of Delray Beach, Pall Beach County, Florida, hereby .annexes to said City the tiollowing described tract or~ parcel oti land located in Pall Beach County, Florida, and lying contiguous to said City, to w~t: The South halts of the North half of the West half and tho South half of the West halts of Government Lot 1~ Section 9, ?ownship 46 South, Range 43 East and that part oti Lots 16, 17, 18 and 19, lying East of tho Easterly right-oF-~ay l~ne of the Intracoastal Waterway and that part of Lot 15 lying East oF said ri~ht-oF-way line and South of the Westerly extension of the North line of the said South haiti oti the North halFi oF the West haiti of Govermment Lot Ir said lots being described according to Hodel Land Company*s Subdivision of said Section 9 recorded in Plat BOok 8, page 40, public records oF Pal~ Beach County, Florida. Section 2: That the boundaries oti the City oF Delray Beach, Florida, are hereby redefined so as to include therein the above described tract oti land, and said lands are hereby declared to be in the corporate limits of said City of Delray Beach, Florida. Section 3: The property hereinabove d~scribed and herein annexed to the City oti Delray Beach, Florida, shall not be sub- ject to taxation For the retirin~ of any existing bonded ~ndebt- edness oF the City oF Delray Beach, Florida, or the ~nterest thereon or any reFundin~ thereoF° Section 4: That, if any word, ph.~ase~ clause, sentence or part oF this Ordinance shall be declared illegal by a cou~t co~petent jurisdiction, such record oF illegality shall in no way aFFect the resmin~ng portion. PASSED in regular session on the second and Final reading on this the 14th day oF June A. D., 1955. (Si~ned) W.J. Snow Mayor ATTEST: (Si~ned) R.D. Worthing (DELRAY ISLE SUBDIVISION) City Clerk 1st Reading - Hay 24th, 1955. 2nd Reading a June 14th, 1955. PASSED AND ADOPI~D - June 14th, 1955. JUNE 14th, 1955. It was moved by Co~ssioner Strong that Ordinance G-208 be adopted on its second and final reading,' Motion was seconded by Conmissioner Sundy and unanimously carried,' City Hanager Lawson read EHEHG~CY ORDINANCE G-209, EHERG~qCY OHDXNANCE G-209o EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PLACING ALL OF DELRAY ISLE, A SUBDIVISION ACCORDING TO THE PLAT THEREOF ON FIL FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AS IN PLAT BOOK 24, PAGE 165, IN RESIDENCE "~" DISTRICT AS DE- FINED IN CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND ADOPTING SET- BACK LINES AS SHO~N ON SAID PLAT. WHERK~S, an emergency exists in the City of Delray Beach, Florida, in that the hereinafter described property has not been zoned, and WHEREAS, it is deemed necessary for the preservation of the public health, safety, property, and welfare, that said property be zoned. · NO~, THEREFORE, BE IT ORDAINED BY THE cITY COH~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION I: That the followin~ described p~operty in the City of Delray Beach, Florida, is hereby placed in Residence #A" District as defined in Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to ~rlt; Ail of Delray Isle according to the Plat thereof as in Plat Book 24, page 165, of the public records of Palm Beach County, Florida. SECTION 25 That the set-back lines as sho~n on said plat are hereby adopted as the set-back lines of said Subdivision. B~CTION 3: This is an emergency ordinance and shall take effect upon its passage on first and final read~ngo PASSED in regular session on f~rst and final reading on this 14th day of June, A. D., 1955. (S!~ned) W.J. Snow Hayer ATTEST: _(Si~ned) R. D. Worthin~ City Clerk pASSED AND ADOPTED:. June 14, 1955. Comatssioner Sundy moved that E~ergency Ordinance G-209 be adopted on its first and final reading, Hotion was seconded~y ~om~tssioner ~11en and unanimously carried, JUNE 14%h, 1955. In reference to W%rren Reiff's request for opening a portion or all of l~neridge Road, the Connission requested the City Man- ager to explain to Mr. Reiff the prOcedure of necessary sifnatures representing 51~ o~ greater ownership of lands abutttng on pro- posed improvement on the petition, as well as explanation of per- centage system for assessment of improvem~nt. A Public Hearing has been provided for this day thru the advertisement of Resolution No. 962, relative to proposed Shulson Street Paving Sob, and there being no objections offered, the City Manager p~oceeded to read Resolution No. 972° RESOLUTION NO° 972° A RESOLUTION OF THE CITY COHKISSION OF THE CITY OF D~JIAY BEACH, FLORIDA, AUTHORIZING THE CITY HANAGER TO PROCEED WITH THE OPEN- ING, GRADING AND PAVING OF SHULSON STREET BETWEEN GLEASON STREET AND OCEAN BOULEVARD° ~HEREAS, the City Com~[ssion of the City of D®lr~y Beach, Florida, did; on the 10th day of May, Ao D°, 1955 determine to proceed with the opening, grading and paving of Shulson Street between Gleason Street and Ocean Boule- vard, and WHEREAS, Resolution No. 962, providing therefore, has been duly published as required by the City Charter, to- gether with a notice that objections to said proposed provement would be heard on this date, and WHEREAS, no sufficient objections have been made to such proposed improvement, NOW, THEREFOHE, BE IT RESOLVED by the City Commission of the City of Delray Beach, Florida, that the City Man- ager be and he is hereby inst~ucted to proceed with the opening, grading and pavir~ of Shulson Street between Gleason Street and Ocean Boulevard to a width of twenty (20) feet, according to the plans, and specifications here- torero filed with the City Manager, and a copy thereof filed in the office of the City Clerk and'-kept open for the inspection of the public. PASSED in ReEular Session on this the fourteenth (14th) day of June, A. D., 1955. (Si~ned)- , W. J. Snow Mayor . ATTEST: (Signed) R, D. Worthins City Clerk SEAL Commissioner Sundy moved the above Resolution be adopted on its first and final reading. Motion was seconded by Commissioner Barrow and unanimously carried. Commissioner Allen made a motion that contracts for paving Shulson Street be awarded to. low bidder.. Motion was seconded by Commissioner Sundy and unanimously carried° JUNE 14th, 1955o City ~anagerLawson read Ordinance 6-210. ORDI~IANCE 6~210. AN ORDINANCE AMENDING SECTION 22-2 of C~APTER 22, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY[BEACH, FLORIDA, BY REQUIRING CERTAIN ~4PLOYEES TO HAVE CHEST X-RAY. BE IT ORDAINED by the City Commission of the City of Delray Beach, Florida as follows: Section 1: Section 22-2 of Chapter 22 of the Code ............. of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: 'From and after the passage of this chapter no person shall be employed as a domestic servant or employee, handling food and/or drinks in any hotel, apartment house, room- lng house, restaurant or any other place handling foods and/or drinks, or any person who shall~be employed in the capacity of swinnning instructor, unless the employee shall have f~st had a chest x-ray sl~ned by a registered licensed physician (medisal doctor) practicing in the city, the county physician of Palm Beach County, Florida, or any registered licensed physician whose cer- tificate the city iS required to accept under the laws of the State of Florida, that such employee is free f~om any infectious, con- tagious and/or communicable disease. All health certificates shall become void one year following the date of their issuance.' That all ord~nanc®s in conflict herewith be and the same are here~ repealed. PASSED AND ADOPTED on final reading this 28th day of J~ne, A. D. 1955. (Sl~ned) W.J. Snow Hayor ATTEST: (Si~ned) R..D~ Worthin~ City Clerk 1st Reading, June 14, 1955 2nd Reading, June 28, 1955 PASSED AND ADOFrED, ,~une 28, 1955 SEAL Commissioner Allen moved that Ordinance 6-210 be placed on its first reading. Motion was seconded by Commissioner Sundy and un- animously carried. 336 JUNE 14th, 1955 Resolution No. 965 was read by City Manager Lawson. RESOLUTION NO. 965. A RESOLUTION OF THE CITY COMMISSION OF TIlE CITY OF DELI{AY BEACH, FLORIDA, ORDER- ING THE OPENING, GRADING AND PAVING OF THAT PART OF N. W. SECOND AVENUE LYING BETWEEN FIFTEENTH (15th) STREET AND GBOVE W~Y. WHEREAS, the City Co~mission of the City of Delray Beach, Florida, did, on the 8th day of March A. D., 1955, adopt a Resolution ordering the City Hanager to prepare plans and specifications together with estimate of cost of open- ing, grading and paving that part of N. W. Second Avenue lying between Fifteenth (15th) Street and Grove Way, to a width off twenty-two (22) feet, and requirin~ said plans, specifications and estimated cost of such improvement to be placed on file in the office of the City Manager, and WHEHEAS, the City Commission deems it to be necessary the safety and convenience of the public to open, grade and pave said streett NOW, THEREFORE, BE IT RESOLVED by the City Co~mission of the City of Delray Beach, Florida, that it is deter~ined to make the following described improvement, to-wit: · he opening, grad/ag and paving of that part of N. W. Second Avenue which lies between Fifteenth (15th) Street and G~ove Way, to a width of twenty-two (22) feet, the total cost as estimated f or such improvement being $3,000.00. BE IT FURTHER RESOLVED that the entire cost of such ~provement shall be shared by the City of Delray Beach, Florida, amd the following described propertiesin Delray Beach, Palm Beach County, Florida, on a basis of the City of Delray Beach paying twenty (20) per cent of the cost of said improvement, and the abutting property owners, said properties shown below, paying eighty (80) per cent of the total cost. 141.6 of g. 125 of S~, S2, S~ of Lot 14, Sec. 8, p 46 Rge 43 E, less the N. 25' and the E. 25' R/W's 25.0' of Dedicated 110.04' Lot 4, Block 4, Ida Lake Terrace S/D; 110.00' " 3, " 4, " " " 110.00' ' 2, ' 4, " " " 115o26' " 1, " 4, " " 141.6 ' of the S~, S~, S~ of LOt 6, Sec. 8, Twp 46 S, Rge 43 E, less the W. 25' and the N.25' thereof (R/W's) 165.0 ' of the W. 189.7' of the N~ of the NE¼ of Lot 7, Sec. 8, Twp 46S, Rge ~3 E; 165.0' of the St of the NF~ o~ Lot 7, Sec. 8, Twp 46S,R&e 43E; 146.7 ' Lot 6, The Grove S/D; said benefits to be dote~mined and prorated according to the front footage of the respective properties as set forth Immedi- ately above. 337 JUNE 14th, 1955. BE IT FURTHER RESOLVED 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 (S) per cent per annum, and which mat be paid in five (5) equal yearly inst~llments with accrued 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 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 interest upon deferred payments, the City of Delray Beach may bring necessary legal proceedings by a Bill in Chancery to enforce payment thereof with all accrued interest, together with all legal costs incurred, including a reasonable attorneyts fee~ The total amount of any lien may be paid in full at any time with interest from the date of assessment. IT IS ORDERED that thc City Commission shall s~t at the City Hall in the City of Delray Beach, Florida, at 2:30 P. H., on the 28th day of June, A. D., 1955, for the purpose of hearing objections, if any, on said proposed improvement, as set forth above. IT IS FURTHER ORDERED that this Resolution be published once a week for two (2) consecutive weeks in the Delray Beach News. PASSED AND ADOPTED by the City Co2mission of the City of Delray Beach, Florida, on this the 14th day of June, A. D., 1955. __(Signed) W.J. Snow I~YOR · (Sl~ned) H.D. Worthing City Clerk SFAL Commissioner Allen moved that Resolution No. 965 be adopted on its first and final reading. Hotion was seconded by Comma- issioner iundy and unanimously carried. Csmmissioner Strong read Hesolution No. 971 in memory of Wlllard Waters~ RESOLUTION NO. 971. RESOLUTION OF THE CITY CON}fISSION OF THE CITY OF WHEREAS, Almighty God in his infinite wisdom has seen fit to take f~om our midst our beloved friend, WILLARDM. WATERS, and WHEREAS, WILLARD H. WATERS contributed to the 'betterment and improvement of this community through his services as a private citizen and as a former Councilman of the City and, WHERFAS, WILLARD M. WATERS, during his lifetime acquired one of lifets greatest possessions, -- a host of friends. JUNE 14th, 1955. NOW, THEREFORE, BE IT RESOLVED by the City Comission of the City of Delray Beach, Florida, as follows: I. That the City Co~mission does hereby express its sincere and deep sympathy to his family in their bereavement o II. That copies of this Resolution be forwarded to his family and to the local press° This Resolution unanimously passed and adopted this 14th day of June, A. D., 1955. (Si~ed) W., $. Snow Mayor ATTEST: (Si~ned) R.D. Worthin~ City Clerk and requested a copy to be sent to Mrs. Billie B. Waters. Commissioner Sundy moved that the above Resolution be passed on its first and final reading. Co~missioner Barrow seconded the motion which was unanimously carried. The report of the traffic survey was tabled for further study. Comissioner Sundy moved that bills in the a~ount off $87,099°90 be paid subject to the approval of the F~nance Co~mitteeo Hotion was seconded by Comissioner Allen and unanimously carried. Co~missioner Strong made a motion that the request of Coleman Goodwln regarding Lots 25 & 26, Block 17 be denied. Hotion was seconded by Comlssioner Barrow and unanimously carried. Co~lssioner Barrow moved that the request by Ethel Hae Ptttman on Lots 13, 14, 15 and 16, Block 12 be denied. Notion was seconded by Co~missioner Sundy and unanimously carried. City Hanager Lawson read Resolution No. 966. RESOLUTION NO. 966. RESOLUTION DECLARING CERTAIN L~NDS IN THE CITY OF D ELRAY BEACH, FLORIDA, TO CONSTITUTE A NUISANCE IN VIOLATION OF UITY CODE & ORDINANCE, Chapter 15° (Ordinance G-147) ~EREAS, City Code & Ordinance Chapter 15 of the City of Delray Beach, Florida, declares all lands in the City not kept free from debris, vegetation (including trees) or other ~atter, which may become a danger in time of hurricane, and from weeds exceeding a height of 18 inches, and from filth and trash, constitute a nuisance; and 339 3UNE 14th, 1955o WHERE~, pursuant to said Ordinance, the Chief of the Fire Department of Delray Beach, Florida, has made a survey report, in writing, to the City Hanager, describing certain lots or parcels of land ~n said City wherein conditions such as specified in Chapter 15 pf.~he City Code & Ordinance exist. ~HEREAS, the City Com~ission of Delray Beach, Florida, after consideration of said survey report, is of the opinion that a prima ffacie case showing, the following lands constitute a nuisance within the provisions of said Chapter 15 of the City Code and Ordinance referred to herein° NOW, THEREFORE, BE IT RESOLVED that the existence of a nuisance be, and the sa~e is hereby declared, upon the follow- ing described lots or parcels of land for violation off the provisions of said Chapter 15 of the City Code and Ordinance as.specified affter each description, and the City Clerk of the City of Delray Beach, Florida, is directed to Furnish the owners of each parcel off land, as hereinafter set forth, a notice accordance with Section 6 of said Ordinance, and that the City Coamission will sit on the 28th day of June, 1955, at 2:30 otclock Po M. at the City Hall in Delray Beach, Florida, for the purpose of.allowing said owners to show cause, if any they can, why said nuisance should not be abated. Sec. 15-2, 15-3, 15-4, Chapt.15, Vlo. Owner Addross Lot..No. Block No. Cit[ Code. Lucy MacLeod Helm P. 0. Box. 1916 1-2-7 Seagate 2 2-4 Delray Beach, Fla. Exilda Joyal 283 Madison St, 1 Seagate 3 2-4 St° Petersburg, Fla. Edward J. & Lois 54 Taunton Road 2 Seagate 3 2-4 H. Herbert Scarsdale, N.Y. Edward P. & Marvel 2394 Riverside Dr. 5 Seagate 3 2-4 Barnard Green Ba~, E~nest L. & Ruth 3005 Mardhall St. S Seagate 3 2-4 Keppel Richmond, Va. Mrs. $. W. Miesse Trust Dept. 1 Seagate 4 2-4 ~ H. MacLeod, Jr. First National Bank Delray Beach, Fla. Willard Mo Waters Box 652 2 Seagate 4 2-4 Delray Beach, Fla. Anna K. Butler P. 0. Box 59 6-7 Seagate 4 2-4 Buchanan, Mich. Porter Fearey, 3r. Box 633 9-10 Seagate 4 2-3 1049 Allen Street New Brunffels, Texas K° E. Edwards 127 Avery Dr. No E. 5 Seagate 9 2-4 Atlanta, ~.nna 3. Hodek 252 ~aplewood Rd. 1 Seagate 10 2-4 Riverside, Ill. J. B. LeClere #1 28th Street 2 Seagate 10 2-3 Pittsburgh, Pa. JUNE 14th, 1955. Sec. 15o2, 15-3, 15-4, Chapt.15, Vie. Owner Address Lot No. Block No. City Code Helen M. Rust 133 Elderffield Rd. 3-4-5 .Seagate 10 2-3 Flower Hill - Nanhassett, Pauline P. Williams Box 1148 6 Seagate 10 2-4 Church St. Station New York, N. Y. 3. B. LeClere. # 1 28th Street 8 Sea,ate 8 2-3 Pittsbm-gh, Pa. Ayres 3. Stockley Chese Peake City, 9 Seagate 11 Haryland Jatmita H. Briese Harvey Bldg. 2-3 ~eagate 12 2-3 ~ C. Robert Bm*ns West Palm Beach, Fla. l~ank E. Hodek,Jr. 252 Haplewood Rd. 1~2 Seagate 13 2-3 Riverside, Ill. Erwin Straehley, Jr. Box 533 2 Seagate 14 2-4 Hobo Sound, Fla. Anna J. Hodek 252 HaploWood Rd. 2 Seagate 16 2-3 Riverside, Ill. Clark & ~u~usta 25 picardy Lane 3 Seagate 16 2-4 C. Hungerford Clayton, Ho. Walter & Elsie A R.D. ~ 1 4 Seagate 15 2-3 Dietz Spring Cress Farms Yardley, Hal R. & Burdeen 412 New York Blvd. 6 Seagate 15 Shmaffer Sea Girt, N. 3. E. B. & P~u~ietta 102 S. Fed. Hwy. 7 Seagate 16 2-3-4 Nichols Delray Beach, Fla. Helen M. Rust 133 Elderfield Rd. 11 Seagate 16 2-3 Flower Hill, Hanhassett L.2., N.Y. Lucy HacLeod Helm Box 1916 15-16 Sea,ate 16 2-4 Delray Beach, Fla. APPROVED this 14th day of June, 1955. (Si~ne.d). W. 3. Sno.w ..... Hayer ATTEST: , (Sl~ned) R.D. ,Wort. hing ..... city Clerk (SEAL) _ J JUNE 14th, 1955 RESOLUTION NO. 973. HESOLUTION DECLARING CERTAIN LANDS IN THE CITY OF DELRAY BEACH, FLORIDA, TO CONSTITUTE A NUISANCE IN VIOLATION OF CHAPTER 15 OF THE CITY CODE & ORDINANCE G-147. WHEREAS, Chapter 15 of the City Code & Ordinance 6-147 of the City of Delray Beach, Florida, declares all lands in the City not kept free from debris, vegetation (including trees) or other matter, which may,become a danger in time of hurricane, and From weeds exceeding a height of 18 inches, and from filth and trash, constitute a nuisance;and WHEBEAS, pursuant to said Ordinance, the Chief of the Fire Depart- ment of Delray Beach, Florida, has made a survey report, in writin&, to the City Manager, describing certain lots or parcels of land in said City wherein conditions such as spec&flied in Chapter 15 of the City Code & Ordinance exist. WHEHEAS, the City Comission off Delray Beach, Florida, after con- sideration of said survey report, is of the opinion that a prima facie, case showini the following lands constitute a nuisance within the pro-~ visions of said Chapter 15 of the City Code and Ordinance referred to herein. NOW, THEHEFOHE, BE IT RESOLVED that the existence of a nuisance be, and the same is hereby declared, upon the followini described lots or parcels off iand for violation of the provisions of said Chapter 15 of the City Code and Ordinance as specified after each description, and the, City Clerk of the City of Delray Beach, Florida, is directed to fur- nish the owners of each parcel of land, as hereinafter set forth, a no- tice in accordance with Section 6 of said Ordinance, and that the City Coemission viii sit on the 12th day of July, 1955, at 2:30 o'clock P.M. at the City Hall in Delray Beach., Florida, for the purpose of alloSin& said o~ners to show cause, if any they can, why said nuisance should not be abated. Sec. 15-2, 15-3, 15-4, Chapt. 15, Violation of Owner Address Lot. No. Block No. C~t~ Code E~il C. & Doris I. 1021 7th Street E. 40' Dell Park 2-4 Hosch~an Moline, Ill. of 20. 9 W. 20~ of 21. Virginia C. Friend 1Saokett Drive N. 133' John B.Heid 2-4 Larchmont, N.Y. of 1. Mo Ogden O. Bra~ner 618 Shelby St. 33-34 Osceola Pk. 2-4 & G. M. Bra~ner Frankfort, Ky. 9 John I. Thieme Rt. 1, Box 45 35-36 Osoeola Pk. 2-4 Winter Garden, Fla. 9 Myrtle T. Coleman 2410 E. Wash. St. 30 Las Palmas 2-4 Charleston, W. Va. S/D. Hrs. Margaret Hager 120~ N. E. 2nd St. 4 Dell Park 2-4 Delray Beach, Fla. 3 Myrtle M. Hath, 1604 Vermont St. 26-27 Dell Park 2-4 Laura M. Watson & McKeesport, Pa. 3 Henrietta M. Hartman Ray DeBowes 6390 Johnson Dr. 29-30 Dell Park 2-4 Miami, Florida 3 ~UNE 14th, 1955. Sec. 15-2, 15-3, 15-4, Chapt. 15, Violation of Owner Address Lot No. 9 Block No. Cit~.~ode H. L. & Oussie Lee Box 798 19 79 2-4 ~. Brannon Delray Beach, Fla. A. i. Simon Box 35 20 79 2-4 Delray Beach, Fla. Louis H. Batch 61 Main Street 12 99 2-4. ~ Vermont Marble Co. Proctor, Vt. Robert L. & LoVa S. 10 Lake Cotwt 6 Del Ida Pk. 2-4 Britt Delray Beach, Fla. 4 William O. & Evelyn Box 2181 8 Del Ida Pk. 2-4 McKay Delray Beach, Fla. 4 Margaret W41smith 319 N. E. 4th St. 1 102 2-4 & Eliz. Van Sweden Delray Beach, Fla. Robert & Sarah Box 1875 12 87 2-4 Flemsing Delray Beach, Fla. D. R. & E. Schell 2936 E. Las Olas 12 Osceola Pk. 3-4 & C. H., & E.H. Blvd. 12 Burnham Ft. Lauderdale, Fla. Oscar B. Sabin Box 93 15 Osceola Pk. 2-4 TavernS. r, Fla.. 11 Katie L., & H.G. 200 N. E. 3rd Ave. 14 100 4 Peabody & Delray Beach, Fla. D. D. Cary Wm. Disston, et al Broad & Ardh Sts. 10 Osceola Pk. 2-4 ~ Liberty Title Philadelphia, Pa. 7 & Trust Co. Lucile J. Nichols Box 414, Beg. N.W. cot of Lot 1, 4 Delray Beach, Nassau Pk. S/D., th W. Florida 12.96' th N 49.33* , · para to Ocean Blvd., to pt. 30* S. of N. Lina, th W. 75~, th S. 128.95' to S. line of Lot, th E. 83.2' to S.W. cot. of Lot 1, th N. 79.6t to point of beginning. ' APPROVED this 14th day of June, 1955· (Si~ned) W. /I. Snow Hayor ATTEST: (si/~ned) R.D. Worthing City Clerk ~ 14th, 1955. Cometssioner Sundy moved that Resolution No. 966 be adopted. Notion was seconded by Commissioner ~llen and unanimously carried. It was further agreed that the 01d List, previously sub, trod in December, 1954, be checked by the Chief of the Fire Department and the lots stated therein and flound to still be in violation of Chapter 15 cfi the City Code, be processed for ~ediate action. See Resolution No. 973, previous page. Connnissioner Strong made a motion that we jo~n with Lake Worth and the Chamber of Commerce, favoring locating Palm Beach Jr. College at John Prince Park. Notion was seconded by Comm- issioner Barrow and unanimously carried. Commissioner Strong moved that we transfer $214.80 Unappropriated Surplus and charge to Advertising in order to pay the balance due Service Electric for installation of Christmas lights. Notion was seconded by ComnLtssioner Barrow and unani- mously carried. City ~anager Lawson and Police Chief Croflt recommend that Sec. 5-4 of the City Code bo amended as follows: (1) That a dog license be issued, upon payment of the required flee, to anyone holding a vaccination certificate dated during the precedin~ twelve month period. (2) That all female dog licenses, whether dog has been spayed or not, bear a fee cfi Commissioner Strong moved that the City Nanager and Police Chief recommendation as set Forth above, be accepted. Notion was seconded by Commissioner Barrow. Commissioner Sundy was opposed. ~ommissioner Sundy moved that the request by the Palm Beach Air Force Base, limiting the height of structures be reflexed to the Planning Board. Motion was seconded by Commissioner Allen and unanimously carried. Commissioner Strong moved that the attor~eyts flee off $300.00 be paid to Chapman and Cutler for services rendered in regard to OFf-Street Parking Bevenue Certificates. Notion vas see~nded by Commissioner Sundy and unanimously carried. City ~anager Lawson submitted p~ans for a store buildin~ near N,E, Eighth Street next to Tropical Barber Shop~ Commissioner Barrow moved that the plans be approved. Motion vas seconded by Commissioner Allen. Coeeaissioner Strong was op- posed. City Nanager Lawson recommended the flollovlng changes for water tap 2harges. 3/4' increased From ~22.00 to $26.00 1' increased From~;26.00 to ~32.00 1-~' increased flrom 60.00 to ~75.00 2" increased f~om $85.00 to $105.00 Commissioner Strong moved that the City Nanager*s recommend- ation as set Forth above be adopted. Notion was seconded by missioner Sundy and unanimously carried. Commissioner Strong requested that the Buildin~ Inspector and Fire Chief check the Del~ay Beach ~heatre building and report back at next meeting. city ~anager Lawson read a letter f~om Nerrill Lynch, Pierce, Fenner & Beane relative to $75,000.00 bonds. 14, 1955o e, MERRIT.T. LYNCH, PIERCE, FENNER & BEANE 512 East Atlantic Avenue Delray Beach, Florida June 10, 1955 City off Delray Beach- Delray Beach Florida Attention: Hr. Robert Worth~ng, City-Clerk Gentl~en: We offfer you fflr~, through the close of business Friday, June 17, 1955, 75,000 C, ity of D®lray Beach Reffunding 2-3/4~ Bonds at 99-3/4 and accrued interest. Maturities are as follovs: 7,000 due January 1, 1970; 68,000 due January 1, 1971. Yours very truly, HEHRILL LYNCH, PI~ERCE, FENNER & BEANE (Signed) Nathan S. Sharp * Upon recommendation of the Financial. Advisory Couittee, Coemtssioner Sundy ~oved that ye buy the bonds. Motion vas sec- onded by Co~issioner Strong and unanimously carried. City Manager Lavson read a letter from Elton Harvel regard- ing leasing of area at S. E. 10th Street and Germantown Road.