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06-09-53 109 JUNE 8TH, 1953 Regular meeting of the City Council, scheduled to be held on this date, was deferred until June 9th, on account of lack of a quorum, JUNE 9TH, 1953 Regular meeti~g of the City Council, deferred from June 8th because of lack of a quorum, was held at 7:30 P.M. in the Council Chambers, with Hayor L. D. Kern in the Chair, and City Attorney Neil E. HacHillan, City Hanager Robert Lovelace, and the follow- ing Councilmen present: W. A. Jacobs, John N. £abler, and Alma E. Woehle, a quorum being present. Upon motion off Councilman Kabler, seconded by Councilman Jacobs, and unanimously carried, minutes of meetings held Hay 11th and 25th were approved as written. A petition, f~led by property o~ners in the southeast sec- tion, protesting the moving of an old dilapidated building to Lot 7, Blk. 9, 0sceola Park on SoE. 4th Avenue near 9th Street, containing about seventy-five signatures, was read as follows: To The Hayor and Hemgers of the Con, on Council Delray Beach, Florida Gent 1 emen: We the undersigned property owners and prospective proper~ owners, residing in the South East Section, respectffUlly protest the action of the City in permitting the moving of a dilapidated and extremely old shack to lot on South East 4th Avenue near 9th Street, which shack does not evenmeet the requirements of ground coverage for residential section Zone B. We understand that plans have been filed for an ad.~ition to meet the requisite footage covering but how can the City law- fully permit any addition to such an ancient shack that ~ould cover the safety regulations of any building code and certainly would not come within the confines of hurricane proof construc- tion. We fUrther understand that proposal was made to have this shack placed near the Railroad tracks in Zone C and even this was refused. Then why should the City allow th~ menace to safety, an eye sore to surrounding property, a definite factor to the de- preciation and value of all property in this section be permitted anywhere within residential established zones. In conculsion we wish to ask the Lutheran Church/if the prac- tice, as preached, of love they neighbor and the precepts of the "Golden Rule" are being carried out in the above procedures. (Signed by 75 property o~ners) City Hanager Lovelace explained that the building would be improved, that a permit had been taken out for an addition which would provide the square footage required, and therefore permit could not be denied. Several property owners personally protested th the Council, the moving of such small old buildings into a growing progressive section, contending they felt it depreciated the value of all pro- perty in the neighborhood. City Hanager Lovelace stated that he felt this was a legiti- mate concern of property o~ners, and of the City, and recommended that the metter be referred to the City Attorney for study as to how the existing Ordinance can be amended to control the moving of such small old buildings, and. that he be asked to report back to the Council. The Council concurred, and Councilman Kabler~moved that the present Ordinance be revised to be made more feasible and construc- tive, and that all permits to move buildings be held up until such amendment is considered. The motion was seconded by Hrs. Woehle, and upon call o~roll carried unanimously. 110 3UNE 9TH, 1953 A letter from the City Attorney pertaining to the case of George Long vs The City of Delray Beach, was read by the City Hanager, who recommended that the case be settled as outlined: "June 2, 1953 Hr. Robert Lovelace City Hanager Delr~ Beach, Florida In re: George Long vs. City of Delray Beach Dear Hr. Lovelace: As you know, the City off Delray Beach is involved in a suit ~ith George Long, a minor, as a result of an lnjtwy which he incurred while swimming at the Hunicipal Beach. He struck the drain pipe from the swimming pool. He filed suit for $7,000.00 and his mother filed suit for S2,000. After considerable negotiation, I have reached an offer of settle- ment of the case in the amount of $400.00. In view of the circum- stances and in view of the expense ~hich would be involved with the trial, I feel that the settlement is ~rithin reason and should be accepted on the part of the City. Will you kindly submit the same to the City Council for their ap- proval. Very truly yours, /$/ Neil E.HacHlllan City Attorney" Upon motion of Councilman Jacobs, seconded by Hrs. Woehle, and unanimously carried, settlement of the above case in the am- ount of $400.00 was approved. With reference to the establishment of right-of-way lines and property lines on the east and south sides of the Seacrest Hotel property, located on the north side of Atlantic Avenue at Ocean Boulevard, City Hanager Lovelace made the following reco~_~endations to which Hr. E.H. Scott and }ir. Fred B. Scott, owners, had agreed: 1. That the property line on the south be established 40t from the center line of E. Atlantic Ave. 2. That the east boundary line be established as proposed on the Brockway plat of the property dated April 0953, which line is - acceptable to :the County Engineer. 3. The Scotts will quit-claim to the County or City, all lands lying outside these accepted lines, and the City or County will quit-claim to them all lands lying inside these lines. 4. The City will pay $1,000. as damages to the existing · wall on the south side of the property, which will have to be re- moved and rebuilt, will remove all coconut palm trees in the way of the new sidewalk, which trees will become the property of the City; and will install a new sidewalk along the south side of the property only, and plant adonidia palms in the planting strip, to be uniform with planting on the rest of Atlantic Ave. 5. Nothing will be done at this time with the wall and side- walk east of the Hotel. Attorney C. Y. Byrd, representing the Scotts, addressed the Council, and confirmed the above terms of agreement. He asked the Council JUNE 9Tit, 1953 to adopt a resolution approving a replat of the Seacrest Hotel property, showing the new property lines, and accepting the terms as outlined above by the City )iamger. A motion was thru made by Councilman Kabler and seconded by Councilman Jacobs authorizing the City Attorney to prepare a He- solution for passage, according to the terms recommended. Upon call of roll the motion carried unanimously. City ~anager Lovelace then submitted an Architect's sketch of necessary improvements to the building owned by Paul Sanderson and J. L. Croft, in Block 117 on East Atlantic Avenue. The estimat- ed cost of such changes to the building in order to install a side- walk to be uniform with other sidewalks in this block, was $550°00, which he recommended be paid by the City, in addition to construct- ing the new sidewalk. The owners of the building will then dedicate 7' for completion of the Atlantic Avenue right-of-way. Upon motion of Councilman Kabler, seconded by Hrs. Woehle, and unanimously carried, the above recommendation of the City F~nager was approved. Application for transfer of license to sell beer at the Hot Dog Hovel, 13 N.W. 5th Ave. to Justina Kemp, was submitted by the City Hanager. Hr. Lovelace explained that upon checking with the Police Department it had been Found that the applicant had a re- cord of several arrests over the past few years, and he could not recommend a license to sell beer. Upon motion of Mrs. Woehle, seconded by Councilman aabler, and unanimously carried,transfer of license as requested was de- nied. A letter from Dr. E.)i. Farber, tendering his resignation as a member of the Tennis Committee, was read as Follows: "June 1st, 1953 City Council City of Delray Beach ~ Mayor Lowell D. Kern Dear Sirs, The UoSo Army has called me to seVve with them For two years. Due to this fact, I wish to be relieved of ~y duties as Chairman oC the City Tennis Co~nittee. ICI am in order, I would like to make two suggestions: one is that Mro Kenneth Jacobson be na~ed as Chairman of the Tennis Con~ittee and secondly that )ir. Percival Fraser be added to the committee to take my place. I have enjoyed my Fifteen years as Tennis Chairman and hope that I have con tri~a ted something toward better tennis in Delray Beach. Tennis is one of the best sports I know of to train youth in sportsmanship, coordination, and good manners. I hope the City of Delray Beach will continue to support this great sport and I am sure the benefits will be seen in the youth that tennis attracts. Yours $incerely, /S/ Dr. E. M. Father" A motion was made by Councilman Jacobs and seconded by Council- man Kabler that the resignation of Dr. Father be accepted, and the City )ianager be instructed to thank him for his past sergices as Chairman of this Committee. Upon Call of Roll the motion carried unanimous ly. A motion was then made by Councilman Kabler and seconded by )irs. ~oehle that )ir. Percival Frazer be appointed as a member o~ the Tennis Committee, to replace Dr. Father, and upon call of roll the motion carried unanimously. Upon motion of Councilman Kabler, seconded by Mrs. ~oehle, and unanimously carried, Mr. Kenneth Jacobson was named Chairmsn of the Tennis Committee. JUNE 9th, .1953 Request and consent by owners of Blocks 7 - 11, inclusive, Northridge Subdivision, to annex said land, to be known as Sea- crest Park, was filed ~ith the Council, and read as follows: REQUEST AND CONSENT BY OWNERS ~0 CITY OF DELRAY BEACH, FLORIDA TO ANNEX LANDS INTO COtiPORATE LINITS WHEREAS, Northridge, Inc., a Florida corporation, and Conel, Inc., a Florida corporation, are the owners in fee simple of the following described lands, w:'~lch are unincorporated and lying cor~,tiguous to the territorial limits of the City of Delray Beach in Palm Beach County, Florida, to-wit: All o£ iEACREST PARK according to the plat thereof recorded in Plat Book 24, page 33 of the public records of Palm Beach County, Florida, said subdi- vision being a Re-plat of that part of the Plat of NORTHKIDGE SUBDIVISION lying east of the center line of North~idge Rosd and east of that part of said plat marked "Not included", according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Flor- ida, recorded in Plat Book 23, page 168; being also described as that part of the South Three-Quarters (S 3/4) of the Southeast Quarter (SE¼) of the South- west Quarter (SW¼* of Section 4 (Lying west of the right of way of the Florida East Coast Railway),Town- ship 46 South, Range 43 East; and WHEREAS, said owners do desire the City of Delray Beach, Florida to annex said lands within its territorial limits, pro- vided, however, said lands will not-be subject to existing bonded indebtedness; and WHEREAS, the City of Delray Beach, Florida, before annexing said described lands is required to obtain the consent and per- mission of the owners of any tract of land p~oposed to be annexed in accordance ~rlth the Charter Provisions of saidCity, being Chap-- ter 27,510, Special Laws of Florida, Acts of 1951. NOW, THEREFORE, for the purposes aforesaid, Northridge, Inc., a Florida corporation, and Conel, Inc., a Florida corporation, the o~ners of the above described property, do hereby request the City of Delray Beach, Florida to annex the above-described lands within the corporate limits of said City, and do hereby consent and g~ve their permission to the annexation of said lands by the City of Delray Beach and to the inclusion of said lands within the corporate limits of said City. IT IS FUIiTHER UNDERSTOOD t~at the first reading of the Ordinance annexing said lands will be read at the regular meet- ing of the City Council of the City of Delray Beach, Florida on Monday, June 8, 1953, and that said ordinance, in addition to providing for the annexation of said lands will provide that the lands will not be subject to existing bonded indebtedness. IN WITNESS ~HEREOR, the said Northridge, Inc., a Florida corporation, and Conel, Inc., a Florida corporation, have caused this Request and Consent by Owners To City of Delray Beach, Flor- ida to Annex Lands to be signed in the name of each respective corporation by the proper officers of each corporation, and the corporate seal of each party to be affixed, attested by the Sec- retary of each respective corporation, this the 22nd day of June, A.D. 1953. NORTH P~D GE, INC. BY,/S/ Roar L. Calamia President ATTEST: /S/ Robert L. Blake Secretary JUNE 9T~, 1953 CONEL, INC. BY /S/Nathaniel B. Elkins Presid~ t ATTEST: /S/ Charles Contopoulo Secretary STATE OF FLOHIDA ) : SS. COUNTY OF PALH BEACH ) & I HEREBY CERTIFY, that on this 5th day of June, 1953, before me personally appeared ROY L. CALAHIA and HOBERT F. BLAKE, II, respectively President and Secretary of NORTHHIDGE, INC., a Flor- ida corporation, to me knoum to be the individuals and officers described in and who executed the foregoing consent and permission to annex lands by the City of Delray Beach, Florida, and sever- ally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said corporation is duly affixed thereto, and the said consent is the act and deed of said corporation. NITNESS my signature and official seal at Delray Beach, Palm Beach County, Florida, this 5th day of June, 1953. (Sm~) STATE 0F FLORIDA ) : SS. COUNTY OF DADE ) I HEHEBY CERTIFY, that on this 2nd day of June, 1953, before me personally appeared Nathaniel B. Elkins and Charles Contopoulo, respectively President and Secretary of CONEL, INC., a Florida corporation, to me kno~m to be the individuals and officers de- scribed in and vho executed the foregoing consent and permission to annex lands by the City of Delray Beach, Florida, and sever- ally acknovledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the ficial seal of said corporation is duly affixed thereto, and the said consent is the act and deed of said corporation. NITNESS my signature and official seal at Hiami Beach, Dade County, Florida, this 2nd day of June, 1953. (S~) An Ordinance to annex the proposed Seacrest Park Subdivision vas then presented, and same vas read in full as follovs: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, PAL~ BEACH COUNTY, FLORIDA, ANNEXING TO THE CITY OF DEI2~Y BEACH THE FOLLONING DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PALH BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THE CITY OF DELRAY BEACH, TO NIT: ALL OF SEACREST PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 33 OF THE PUBLIC HECORDS OF PAI2/ BEACH COUNTY, FLOHIDA, SAID SUBDIVISION BEING A RE-PLAT OF THAT PART OF THE PLAT OF NORTHKIDGE SUBDIVISION LYING EAST OF THE C~N- TER LINE OF NORTHRIDGE ROAD AND EAST OF THAT PART OF SAID PlAT ~IKED #NOT INCLUDED~, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLEPJ( ~F THE CIRCUIT COURT IN AND FOR PAI2/ BEACH COUNTY, FLOR- IDA, RECORDED IN PlAT BOOK 23, PAGE 168: BEING ALSO ,Tune 9th, 1953 DESCP,,.IBED AS THAT PAHT OF THE SOUTH THHEE- QUARTERS (S 3/4) OF THE SOUTHEAST QUARTER (SE~4) OF THE SOUTHWEST QUARTEH (SW~) OF SECTION 4 (LYING WEST OF THE RIGET OF WAY OF RANGE 43 EAST, AND PROVIDING SAID PHOPERTY SHALL NOT BE SUBJECT TO EXISTING BONDED INDEBTEDNESS OF CITY OF DELRAY BEACH,FLORIDA. Upon motion of Councilman Kabler, seconded by Hrs. Woehle, and unanimously carried, the foregoing Ordinance was placed on first reading. A Resolution submitted by Totterdale Development Company, Inc., developers of a proposed subdivision to be known as Sea- gate Extention, lying immediately south of the present City lim- its, between the lntracoastal Waterway and State Road A1A, was read by the City Hanager as follows: RESOLUTION NO. 900 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA WHEREAS, TOTTERDALE DEVELOPMENT, INC. has contracted to buy and is about to become the owner of those certain premises im- mediately adjacent to the present territorial boundaries of the City of Delray Beach, and lying and being in Palm Beach County~ Florida, particularly described as follows- All that part of the South 1795 feet of the North 3470 feet of Section 21, Township 46 South, Range 43 East, lying between the vest right of way line of State Road A-l-A, and the east right of way line of the Intra- coastal Waterway, except the tract bounded as follows: On the North by the Southerly boundary line of Lot C in Block 16 of SEAGATE SECTION "B" Plat Book 21, page 56, public records of Palm Beach County, Florida; on the East by the prolongation of the Easterly boundary of said Lot C; on the South by a line parallel to and 150 feet south of, measured at right angles, the South boundary of the North 50 feet of said Lot C; and on the WeSt by the Intracoastal Waterway. and WHEREAS, it is considered by this City Council that the in- clusion of said premises within the corporate boundaries of the City of Delray Beach is for the best interests of the city; and WHEREAS, TOTTERDALE DEYELOPMENT, INC. has presented to this Council a plat of said premises proposed to be filed of record entitled SEAGATE EXTENSION and plans for the development of the property, which plat and plans have been prepared by George S. Brockway, Engineer, and this Council deems said plat and plans to be satisfactory and designed for the orderly development of the property and for the protection of the health and welfare of the inhabitants thereof and the inhabitants of the City of Delray Beach; and WHEREAS~ TOTTERDALE DEVELOPHENT, INC. has requested the City of Delray Beach to furnish and install in said property the six inch cast iron water mains provided for by said plans and two fire hydrants, and it is deemed that the interests of the city water supply system will be protected by so doing and that the city agrees to furnish said mains and hydrants at cost. NOW, THEREFORE, BE IT itESOLVEDBY THE CITY COUNCIL OF THE CITY OF DEL.MAY BEACH: JUNE 9TH, 1953 1. That the aforesaid plat and plans for the subdivision and development of the aforesaid property be and they are hereby approved. 2. That on the acquisition of said property by TOTTEHDALE DEVELOPMENT, INC. the city boundaries shall be extended by ordi- nance as ~rovided by law to include said property and that such ordinance shall include the following provisions: (a) The said territory shall not be liable for taxa- tion to pay any portion of the existing bonded indebtedness of the City of Delray Beach, or the interest thereon or any extension refunding thereof. 3. That simultaneous ~th the passage of the ordinance cluding the above described property in the City of Delray Beach, the City of Delray Beach will pass an ordinance or oral/nantes pro- riding the follo~hg: (a) That the above described property shall be zoned in the follouing described manner: (1)'Lots 1 to 8 inclusive in Block 1; and lots 28 to 38 inclusive, in Block 5, as shown on said plat of SEAGATE EXTEN- SION shall be zoned "Apartment House Dis trl ct." (2) Lots 39 to 45 inclusive, in Block 5, as shown on said plat of SEAGATE EXTENSION shall be zoned "Special Hotel District." (3) Lots 9 to 16 inclusive, Block 1; all of Blocks 2, 3, and 4; Lots 1 to 27 inclu- sive, Block 5; as shown on said plat of SEAGATE EXTENSION, shall be zoned "Resi- dent A District." (b) That due to the large amount of expenditures by TOTTEBDAIF. DEVELOPMENT, INC. necessary to make the said property inhabitable, the City of Delray Beach shall not levy, assess, charge or collect ad valorem taxes on said land in excess of an annual tax of $5.00 per lot as sho~n on said plat of SEAGATE EXTEN- SION for ten years from the date of enactment of the ordinance. In the event, however, that any such lot is sold by TOTTEHDALE DE- .VELOP~IENT, INC., or in the event any building is constructed on any lot then such lot may be taxed in addition to the ~5.00 limi- tation per lot aforesaid. (c) That the set back requirements for said property shall be as set forth on the plat of SEAGATE EXTENSION notwithstand- ing that the set back requirements set forth thereon my differ or deviate from the set back requirements under the Zoning Ordinances of the City of Delray Besch. 4. The water mains in the said area (but not the service con- nections to private property) shall become the property of the city and the city shall furnish water to the inhabitants of said property at the same rates charged to other water consumers in the City of Delray Beach. 5. The Hayor and Clerk are authorized to execute a contract on behalf of the City of Delray Beach with said TOTTEPd)ALE DEVELOP- ~ENT, INC. to furnish and install the aforesaid water mains and fire hydrants at cost. 6. It is agreed upon behalf of the City of Delray Beach that when, as and if a city system of sewage disposal makes the use of septic tanks unnecessary on said property, it will relinquish to TOTTEHD.~LE DEVELOPHENT, INC., all right of easement over, across, in and -'.upon the areas of said property designated as Lot 13 in Block 1 and Lot 24 in Block 5 on the aforesaid plans as the sites for septic tanks and relinguish any right of use thereof. JUEN 9TH, 1953 7. That the City o£ Delray Beach shall request the Legis- lature of the State of Florida at its regular session in 1955 to validate by law the ordinance referred to in Section 2 hereof and allTM provisions thereof. Passed in regular session tt~is the 9th day of June, 1953. BY: /S/ L. D. Kern May or ATTEST : /s/ Ruth a. Smith Clty Clerk (S AL) Each provision of the foregoing Resolution was explained by Mr. Lovelace in detail, and separately approved by the Council, with the exception of Item No. 4, to which Councilman Kabler ob- jected, as he felt the City should install water mains at cost rather than at $2.50 per lineal foot, and after discussion, the Council agreed to this amendment. Upon motion of Councilman Kabler, seconded by Mrs. Woehle and unanimously carried, the foregoing Resolution No. 900 was adopted as amended, subject to approval of the City Attorney. A letter from the City Manager to the Council, with refer- ence to the pavin~ of the N.E. 14th Street railroad crossing, was read as follows: "June 9, 1953 Members of the City Council Delray Beach, Florida Gentlemen: Inasmuch as a substantial contract is now under way with the Rubin Construction Co. for hot asphalt paving or repaying of several streets in the City, and Inasmuch as the two local Paving Contractors have advls ed that the City would best be served by extending this presnet contract, rather than consider this job as a separate operation, Therefore I request that contract with the Hubin Oonstnuc- tion Co. be extended to include the N.E. 14th Street railroad crossing, at a price of $ 2,000.00, with the sa~e specifications as under their contract, without obtaining competitive bids. Yery truly yours, ROBERT LOVELACE City Mangger~ City Manager Lovelace stated that paving wlth hot mix as- phalt is desirable, as this will be a heavily traveled street, connecting the old Dixie Highway and N.E. 3rd Avenue; and that the local Contractors felt that the City would benefit by extend- ing the contract with the Rubin Construction Co. who are paving certain streets in the City at the present time. The following Resolution was then presented, and read in full: JUNE 9Tit, 1953 RE~OLUTION NO, 901 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELHAY BEACH, FLOHIDA, APPROVING ~HE WRITTEN HECO~ENDATION OF THE CITY HANAGER TO EXTEND CONTHACT WITH THE HUBIN CONSTRUCTION COKPAN¥ TO INCLUDE THE PAVING OF THE NE 14TH STREET HAILROAD CHOSSING, AT A COST OF ~2,000o00 BE IT RESOLVED by the City Council of the City of Delray Beach, Palm Beach County, Florida, as follows: That the City of Delray Beach, Florida, follow the written recommendation of the City Manager to the City Council of the City of Delray Beach, Florida, under date of June 9th, 1953, and ex- tend the contract of the Rubin Construction Co. of West Palm Beach, to include the paving of NE 14th Street railroad crossing, under the same specifications as their present contract, at a cost of $ 2,000.00, without obtaining competitive bids, as this will serve the best interests of the City of Delray Beach. PASSED AND ADOPTED this 9th day of June, A.D., 1953. /S/ L.D. Kern Rayor ATTEST: /s/ a. Smith City Clerk (SEAL) Upon motion of HrS o Woehle, seconded by Councilman ~abler, and unanimously carried, %he foregoing Resolution No. 901 was adopted. City Kanager Lovelace then explained the need for an extra man in the Water Department temporarily; as the crew in this De- partment has a Cull year's work to lay new water mains, and taps are constantly having to be made. He believed the City would benefit by hiring a semi-skilled foreman, ~ho could work alone, until about January 1st, to make new taps as they are needed. After consideration a motion was made by Councilman Jacobs, and seconded by Councilman £abler, that the employment of an ex- tra man in the Water Department temporarily, b e approved. Up&n call of roll the motion carried unanimously. Upon motionof Hrs. Woehle, seconded by Councilman Kabler, and unanimously carried, bills totaling $82,429.29 were approved for payment, subject to approval of the Finance Co~nmittee. The meeting then adjourned. City Clerk APPROVED: Mayor