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07-12-55 July 12th, 1955o A Regular meeting of the City Commission of the City of Delray Beach was held in the Comission Chambers at 2:30 P. H., with Hayor Wo J. Snow in the Chair, City Hanager W. E. Lawson, Jr., City At- torney Neil HacHillan and the following Commission members present: Emory J. Barrow, Catherine E. Strong, Glenn B. Sundy and ~. Cot- tin,ham Allen, all members being present. An opening prayer..was delivered by Rev. Arthur ~. Hich. The minutes of the meeting held June 28th were approved as written, upon motion of Commissioner Strong, ~ " .' "~ .-, seconded by Commissioner Sundy and unanimously carried. Hr. C. Herrick Hammond, et al asked pe~mission to look over the Seagate map. Hr. Lipscomb and Dr, Huntington each speaking For conditions existing in the Seagate area advised that it was their opinion the Seagate Extension was responsible for unsanitary conditions caused in regard to drainage in that area. The Commission members and the City Hanager in a general dis- cussion agreed that an assessment for a drainage improvement in this area should be against benefitted properties as has heretofore been the poticy on an area basis, the City to share in the cost of such improvement to the extent of 20~ thereof in accordance with approved policy. ~ Commissioner Strong moved that City Hanager ~. Eo Lawson, Jr. make a survey of the property to be benefitted by the drain and contact the owners to see if they are will/hi to pay their proport- ionate share and notify the property owners they would be assessed 80~ and the City pay 20~o Hotion was seconded by Comnissioner Barrow and lmanimously carried. Hr. ~arriner appeared regarding the lease of the City Yacht Basin. He stated they would like to have a Ten Year lease with two ten year options or a total of thirty years. Commissioner Allen moved that the (verbal bid) offer of Archer & Warriner to lease the City Docks snd the negotiations be entered into, subject to the approval of the City Commission. Co~lssioner Strong seconded the motion which was unanimously carried. It was further agreed that as soon as Archer & ~arriner obtain a report now being compiled by the Uo S. Army Engineers, the Conm- issioners will call a Special Heetingo Commissioner Sundy ~oved that the low bid of Hike Blank Nurseries of ~6,882.20 be awarded for landscaping improvements at the Hunicipal Beach. ~otion ~as seconded by Commissioner Barrow and unanimously carried. Commissioner Strong moved that we advertise for bids for in- stallation of sprinkler system along the mile of ocean beach, which project should pre~ede the landscaping improvement of'the beach. Hotion was seconded by .Commissioner Sundy and unanimously carried. Commissioner Barrow made a motion that contract be awarded to the low bidder For purchase of Gallion Roller ($5,258.00) and that funds For payment thereof be~provided from the Parking Lot Fund. Hotion was seconded by Commissioner Strong and unanimously carried. Commissioner Strong requested the Swimming Committee to in- vestigate and submit a report to the: City Commission at its next regular meeting with regard to Beach Beautiffication. 360 July 12th, 1955. Commissioner Sundy moved that we proceed with F. E. C. Parking Lot and that the expense remain within the limit of ~;3,000.00. Hotion was seconded by Comissioner Strong and unanimously carried. ~he Com~ission requested Building Inspector Ralph Bughson to check the Smallwood house on Lot 17, Block 92 and determine if it is suitable to move and to obtain bids for removal of the house to the City Dump. City Hanager W. E. Lawson. Jr. read Resolution No. 979, regarding lot clearing. RESOLUTION NO. 979. RESOLUTION REQUIRING O~ERS OF CERTAIN DESCRIBED LANDS TO ABATE NUISANCES THEHE- ON OR BE ASSESSED COST THEREOF FOR ABATE- HENT BY CITY. WHEREAS, the City Comaission did, in regular session held on the 14th day of June, 1955, enact a resolution declaring the existence of a nuisance upon certain lots or parcels of land for violation of Chapter 15 of the City Code and Ordinance G-147; md WHEREAS, pursuant to said resolution, the City Clerk of the City of Delray Beach, Florida, did furnish each of the owners of the lands therein declared nuisances with notice that the City Co~.~ission would sit on July 12th, 1955 at 2:30.o'clock P. Ho at the City Hall in Delray Beach, Florida, for the purpose of allowing said owners to show cause, if any, why said nuisance described in said resolution should not be abated; and WHEREAS, pursuant to said resolution, the City Commission of the City of Delray Beach, Florida, did on July 12th, 1955 at 2:30 o'clock P. H. at the City Hall in Delray Beach, Florida, hold the hearing provided for in such notice, and did consider such reasons and facts as were presented by the owners of said lands, and such other material and pertinent evidence as was adduced before it. NOW, THEREFORE, BE IT RESOLVED that the existence of a nuisance for the re~sons hereinafter set forth, be and the same is hereby adjudged upon the following lands in the City of Delray Beach, Florida, to wit: Sec. 15-2, 15-3, 15-4, Chapt o 15, Violation of City Code Owner_ Address Lot No. Block No. .(,. See Nature) Emil C. & Doris I. 1921 7th Street E. 40' Dell Park 2-4 Rosch~an Holine, Ill. of 20.& 9 W. 20t of 21. Virginia C. Friend 1 SaCkett Drive N. 133' John B. Reid 2-4 L~rohmont, N.Y, of 1. M. gden O, Bravner 618 Shelby St. 33-34 Osceola Pko 2-4 G. H. Brawner Frankfort, Ky. 9 John I. Yhieme Rt. 1, Box 45, 35-36 0sceola Pk. 2-4 Winter Garden, Fla. 9 I [[ , I ,i [ .~ July 12th, 1955. Sec. 15-2, 15-3, 15-4, Chapto 15, Violation of ~ City Code Owner-~ Address. ~Lot No. Block No. .~See Nature) Hyrtle T. Coleman 2410 E. Wash. Sro 30 Las Palmas 2-4 ~/'~,~, . V Charleston, W. Va° HrSo Har~aret Hager 1206 N. Eo 2nd St° 4 Dell Park 2-4 Delray Beach, Fla. 3 Hyrtle H. Hath, 1604 Vermont St° 26-27 Dell Park 2-4 LaurwH° Watson & HcKeesport, Pa. 3 Henrietta H. Hartman Ray DeBowes 6390 Johnson Dr° 29-30 Dell Park 2-4 Hiami, Florida 3 L. H. & 6ussie Box 798 19 79 2-4 Lee Brannon Delray Beach, Fla. A. i. Simon Box 35 20 79 2-4 Delray Beach, Fla. Louis H. Batch 61 Hain Street 12 99 2-4 ~ Vermont Harble Co. Proctor, Vt° Robert L. & Lora S 10 Lake Court 6 Del Ida 1~o 2-4 Britt Delray Beach, Fla. 4 William G. & Evelyn Box 2181 8 Del Ida Pko 2-4 HcKay Delray Beach, Fla. 4 Hargaret Walsmith 319 N.E. 4th St. 1 102 2-4 & Eliz. Van Sweden Delray Beach, Flao Robert & Sarah Box 1875 12 87 2-4 Fleming Delray Beach, Flao D. R., &~E. Schell 2936 E. Las 01as 12 0sceola FA. 3-4 and Co H., & E° H. Blvd. 12 Burnham Ftc Lauderdale, Fla. Oscar B° Sabin Box 93 15 Osceola Pk. 2-4 Tave~nier, Fla° 11 Katie L., & Ho G° 200 N.Eo 3rd Ave° 14 100 4 Peabody and Delray Beach, Flao D. D. Cary Wm. Disston, et al Broad & Arch ets. 10 Osceola Pk. 2-4 Liberty Title Philadelphia, Pa. 7 Trust Co. Lucile J. Nichols Box 141, Beg° N~ cot of Lot 1, 4 Delray Beach, Nassau Pk. S/D., th Florida 12.96t th N. 49°33' para to Ocean Blvd°, to Pt. 30t S° off N° Line, th Wo 75*, thence S° 128o95' to S. Line of LOt, th E. 83.2' to S~ cot. Off Lot 1, th No 79°6' to point of beginning. July 12th, 1955. *)Nature of Nuisance Specified: *2* means there is a collection of water or trash in which mosquitoes are likely to breed. "3* means there are trees, debris, or vegitation, which, by reason of height, proximity to nei~hboring struct- ures or physical conditions are htwricane hazards; "4~ means there are weeds exceeding 18 inches in height, and which either exhale obnoxious odors or constitute a likely source of disease or physical distress to human beings). ~ND, BE IT FUR?HERRE~OLVED t~at the City Clerk of the City of Delray Beach, Florida, furnish each of the owners of the lands hereina§6ve misted and described ~rlth a copy of. this resolution by registered mail, return receipt requested. AND, BE IT FURTHER RESOLVED THAT EACH OF SAID owNERs BE and they are hereby notified, that they are required to abate the nuisance hereinabove adjudged and specified w/thin thirty (30) days from the receipt off a copy of this resolution: other- ~ide, in default thereof, the City of Delray Beach, Florida, . will enter upon said lands, and abate the said nuisance here-. inabove specified and will levy the cost of such work as an assessment against the property hereinabove described. APPROVED this 12th Day of July, A. D., 1955. (,Sl~ned) W. ~. Snow. Hayer ATTEST: (Sl~n,ed) 1t, D. Worthtng City Clerk (STOL) At the hearing regarding 11esolution No. 979 there were 'no objections. (Hrs. Hager appeared and made inquiry various lots. ~hen advised this was a city wide project she had no objection to her lot being cleared.) Commissioner Allen moved, we adopt 11esolution No. 979 as read. Hotion was seconded by Commissioner Sundy and unanimously carried. City Hanager W. E. LaWson, Jr. read 11esolution No. 980. RESOLUTION NO. 980. A HES0LUTION OF THE CITY C0~Fl4ISSION OF THE CII~f OF DELHAY BEACH, FLORIDA, AUTH011IZING THE CITY NANAGER TO P110CEED WITH THE OPENING, GRADING AND PAVING OF THAT PART OF S. E. FOURTH (4th) STREET BETWEEN S. E. THIRD AND S. E. FIFTH AVENUES, TO A WIDTH OF TWENTY T~O~ (22) FEET* ~HEREAS, the City Commission of the City of Delray Beach, Florida,.did, on the 28th day of June, 1955, determine to proceed with the~opening, grading and paving of that part of So Eo Fourth (4th) Street between So Eo Third and S. Eo F~fth Avenues, to a width of twenty two (22) feet, and ~ 363 July 12th, 1955. wHEREAS, the Resolution providing therefor has been duly published as required by the City Charter, together with a notice that objections to said improvement would be heard on this date, and . WHEREAS, no sufficient objections have been made to such proposed improvement, NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Del.~ay Beach, Florida, that the City Manager be and he is hereby instructed to proceed with the opening, grading and paving of that part of S. E. Fourth (4th) Street between S. E. Third and S. E. Fifth ~_venues, to a width of twenty-two (22) Feet, according to the plans and specificat- ions heretofore Filed with the City Clerk, and a copy there- of Filed in the office of the City Manager and kept open for the inspection of the public. PASSED in Regular Session on this the 12th day of July, A. D., 1955. (Signed) W.J. Snow Mayor A T?ES T: ,(Signed) R. D. Worthing., City C1 erk (StoL) Commissioner Strong moved that Resolution No. 980 be adopted on its First and final reading. Motion was seconded by Commissioner Barrow and unanimously carried. Commissioner ~undy moved that the contract for the opeming, grading and paving of that part of S. E. Fourth (4th) Street be- tween S. E. Third and S. E. Fi£th .~venues, to a width of twenty two (22) feet, be awarded to Jack Carver, low bidder ($3,656.00). Commissioner Barrow seconded the motion which was unanimously carried. City Manager W. E. Lawson, Jr. contacted the new owners of the Webb Building. (Raidle & Cook) .He reported that he will have a report at the next meeting regarding the right-of-way for the first block on S. E. Third Avenue. Commissioner Allen moved that bills in the sum of $44,387.30 be paid subject to the approval of the Finance Committee. Motion was seconded by Commissioner Sundy and unanimously carried. Building Inspector Ralph Hughson submitted the Mosburg re- quest For deviation setback, on Lot 13, Nichols 2nd Addition. Coe~nissioner Barrow moved that the Mosburg request be re- Ferred to the Zoning Board. Motion was seconded by Commissioner Sundy and unanimously carried. City Manager Lawson submitted a letter From Rita Nutbrown wherein she offers for sale all of Block 50 lying within Delray Beach, for the sum of $16,000.00, subject to first refusal by the Lutheran ChtWCho Commissioner Barrow moved that the offer of Mrs. Nutbrown contained in said letter be refer~ed to the planning Board. Motion was seconded by Commissioner Allen and unanimously carried. July 12th, 1955. Comissioner Strong moved that the Golf Com~ittee be in- structed to comply fUlly ~rlth the Auditorts recommendation and that reports be su~mitted to the City Com~tssion on the 10th off each month. Hotion was seconded by Comm~ssioner Sund~ and unanimously carried. Commissioner Strong moved that the Hayor and City ~na~er be authorized to meet with a representative group off colored people concerning the beach problem. ~otion was seconded by Con~issioner Barrow and unanimously carried. In the matter oF the suit arising from the disturbance last Spetember at the Georgia Town Tavern between. Smith & Butler, City Attorney Nell ~ac~illan recommended that the City rely on the insurance company to represent them and they would not need him in this matter. Con~issioner Barrow moved the meeting adjourn. Motion was seconded by Commissioner Allen. Meeting adjourned. .(S~gned) , ,R' D. Worthin$,, . City Clerk ATTEST: Mayor.