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02-13-56 li'I~RUAR¥ 13th, 1956, A Regular Meeting of the City Commission of the City off Del~ay Beach, was held in the Commission Chambers at 7:30 P. M., with Mayor Mike Yargates in the Chair, City Hanager W. E. Lawson Jr., City At- torney John H. Adams and the following Commission Members being pre- sent; Catherine E. Strong and Emory J. Barrow, a quorum in session. An opening prayer was given by Rev. J. T. Hayes. Commissioner Strong moved that the Minutes of the Hegular Meet- ing, held on January 23rd, be approved as written. Motion was second- ed by Commissioner Barrow and unanimously carried. l~e City Manager, commenting on the fact that the Off-Street Parking Lots are not being used to any great extent, advised the Com- mission that many cities and to~ns authorized a special low rate schedule for New off-street parking lots, which policy together with move adequate signs indicating location of parking lots should en- courage more use of off-street parking facilities. Commissioner Barrow moved that the City Manager and Chief of Police confer and work out a reasonable low rate schedule as induce- ment for the encouragement of parking in the City parking lotso Motion seconded by Commissioner Strong and unanimously carried. City Manager Lawson advised the Commission relative to the need of improving Andrews Avenue and Comissioner Barrow moved that the City Manager prepare plans, specifications and estimate of cost for the resurfacing of Andrews Avenue. Motion was seconded by Commission- er Strong and unanimously carried. The City Manager presented a request from a representative of Food Fair Stores expressing their desire for additional water supply for the new store just north of the City limits. Commissioner Barrow moved that any aution on this request be deferred until the entire Commission is in session. Motion was second- ed by Con~issioner Strong and unanimously carried. The City Manager informed the Commission of an existing Lease for 99 years, held by the Kiwanis Club, on Lots 20 - 24 inclusive, Block 51, dated July 26th, 1948, and to the fact that no use of this land has been made since that time. Commissioner Barrow moved that the'City Manager confer with the Kiwanis Club in an effort to obtain a release of said Lease. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Strong moved ~that Harry Newett and Paul Grin~le be aopointed to serve in the absence of the Judge of Municipal Court. Motion was seconded by Commissioner Barrow and unanimously carried. The City Manager advised the Commission of a Petition for the opening, grading and paving of a part of S. W. 12th Avenue Commissioner Barrow moved that the Petitioners be informed of the approximate cost to each affected property owner and if they then desire imorovement of the street, to ascertain if an appreciable ad- vanced payment schedule of anticipated assessment might be effected. Motion was seconded by Commissioner Strong and unanimously carried. City Manager Lawson read a letter from the Chamber of Commerce relative to sponsoring a Polo game, possibly to be known as "First Annual Delray Beach Polo Tournament". The Hanager was in accord with the Chamber that considerable benefit would be derived From national advertising. Commissioner Strong moved that a first "Annual Delray Beach Polo Tournament" be sponsored, and that the City Manager proceed to cooperate with the Chamber of Commerce in effecting such an event and that an amount, not to exceed $200.00, be provided from Unappropriated Surplus, to cover cost of suitable trophies. Motion was seconded by Commissioner Barrow and unanimously carried. FEBRUARY 13th, 1956. City H~nager Lawson then read Ordinance 6-231. ORDINANCE G-231. AN ORDINANCE OF THE CITY CO~dISSION OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING AND IHPOSING UPON ALL INSURERS, NOW OR HEREAFTER ENGATING IN OH CARRY- lNG ON THE BUSINESS OF INSURING WITH HESPECT TO CASUALTY RISKS AN EXCISE OR LICENSE TAX IN ADDITION TO ANY TAX NOT LEVIED, OR 1~ OF THE GHOSS AHOUNT OF RECEIPTS OF ALL PREHIUHS FROH CASUALTY INSURANCE POLICIES INSURING PROPER~Y WITHIN THE HUNICIPAL LIHITS OF THE CITY OF DELRAY BEACH, FLORIDA: AND ' PROVIDING WHEN SAID TAX SHALL BE DUE AND PAYABLE. ~HEREAs, the Legislature of the State of Florida, by Chapter 28230, Laws of Florida, 1953, created a Special Fund known as the 'Police Officers' Retirement Fund" and thereby authorized munici- palities fallin~ within the purview of said act, to levy an additiOn- al tax upon such insurance carriers designated in said act, the said proceeds from said ~ax to be used in partial support of said fund, and WHEREAS, it is the desire of the City of Delray Beach, Florida, to put into full force and effect, the provisions of said Chapter 28230 in said municipality, NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Delray Beach, Florida, as follows: Section 1. That there is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now eh&ag/rig in or carrying on, or which shall hereafter engage in or carry on the business of insurini with respect to casualty risks, as shown by the records of the Insurance Commissioners of the State of Florida, an exdise or license tax in addition to any license tax or excise tax now levied by the City~of Delray Beach, Florida, which said tax shall be in the amount of 1% .of the gross amount of receipts of premiums from policy holders on all premiums collected on casualty insurance policies, covering property within the corporate limits of the City of Delray Beach, Florida. Section 2. That the license or excise tax herein levied shatl be due and payable annually on the first day of Hardh of each hereafter. PASSED in Regular Session on second and final reading on this the 13th day of February, A. D., 1956. /S/ Hike Yar~ates. ~ (SEAL) H A Y 0 R ~ ATTEST: /S/ R.D. Worthing City Clerk 1st Reading .... January 23, 1956 2nd Reading February 13, 1956 Passed & Adopted - -February 13, 1956. 27 FEBRUARY 13th, 1956. Commissioner Strong moved that Ordinance 6-231, created with relation to a local ~Police Officers Retirement Fund", be adopted on second and final reading. Motion was seconded by Co~missioner Barrow and unanimously carried. The City Hana~er then presented the Report of the Planning Board, pertaining to request of Totterdale Development, Inc., for aDoroval of Re-Plat of Lots 28 thru 35 and 38 thru 43, Block 5, Seagate Extension. Commissioner Barrow moved to accept the recommendations of the · Planning Board and approve the Re-Plat of Lots 28 thru 35 and 38 thru 43, Block 5, Seagate Extension. Motion was seconded by Commissioner Strong and unanimously carried. Mr. C. Herrick Hammond then addressed the Comutission relative to clarification of restrictions, as well as required egress and in- gress to an inside portion of Lot 1, Palm Beach Shore Acres. The Planning Board had previously recommended approval o£ a variance allowing the 15.7' strip from the full-width interior lot, as proposed, as required frontage on Andrews Avenue. No official action was taken on the matter but Mr. Hammond was advised, on the recommendation of the City Attorney, to request permit from the Building Inspector for the desired construction, which Mr. Hammond stated would meet all the requirements and restrictions for that. specific area. Commissioner Strong moved that bills in the amount of ~91,595.75 be paid subject to the approval of the Finance Committee. Motion was seconded by Commissioner Barrow and unanimously carried. City M~nager Lawson then read the Assessment Roll for opening, grading and paving S. E. 4th Street, between 3rd and 5th Avenues. Commissioner Strong moved for approval of the Assessment Roll as read. Motion was seconded by Commissioner Barrow and unanimously carried. The City Manager then ~re~ented the Assessment Roll for paving and curbing S. E. 3rd Avenue, between Atlantic Avenue and S. E. 2nd Street. Commissioner Barrow moved for approval of the Assessment Hell as read. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Strong then moved thnt the plans for a Sinclair Service Station on Lots 10 thru 13, Block 13, 0sceola Park, as pre- sented by the Building Inspector, be approved. Motion was seconded by Commissioner Barrow and unanimously carried. The plans for the store building at the S. E. Corner of E. Atlantic ~venue and Salina Ave., were not complete and the matter was deferred until proper and complete plans together with infor- mation as to set-backs are submitted by Mr. M. F. Riley, Jr. Commissioner Barrow moved that the request of Richard F. Griley for a deviation set-back be referred to the Planning Board for study and recommendation. Motion was seconded by Commissioner Strong and unanimously carried. The City Manager advised of having received the following Bids for paving the ~arking lot j~t south o£ the City Hall. Boldt Paving ~ 3,844.00 Sack Carver 4,300.00 Hardrives, Inc., 3,982.65 Rubin Constr. Co., 4,200.00 FEBRUARY 13th, 1956. Commissioner Barrow moved for acceptance of the low bid and the awardin~ of Contract to Boldt Paving Company for the pavin~ of the varking lot immediately south of the City Hall. Motion was seconded by Commissioner Strong and unanimously carried. City Manager Lawson presented the request of the Delray Beach Playhouse, Inc., to effect a lease ~rith the City of Delray Beach CoP a parcel of land just south of S. E. loth Street, owned by the'~City. Commissioner Barrow moved that this request be tabled until a full commission is in session. Motion seconded by'Commissioner Strong and unanimously carried. The City Manager read a letter from the Chamber of Commerce wherein the Chamber requested Commission representation at the ROads and Highways Committee Meeting to be held in the Chamber's offices Wednesday afternoon, Feb. 15th, at 3:15 P. M. 'll~e Chamber further requested the City Commission to formally petition the County Com- mission, State Highway Commission and the Turnpike Authority to cooperate in the widening and improving of West Atlantic Avenue to the Turnpike Cloverleaf, and to further cooperate in the development of other western approaches to the City of Delray Beach. Commissioner Strong moved that the request of the Church'of God for temporary erection of a tent, for gospel services, for a period of approximately two weeks in March, be granted subject to the posting of cash bond in the amount of $25.00, to be returned when the grounds have been cleared and l~ft in a satisfactory condition follow- ing the close of the meeting. Motion was seconded by Commissioner Barrow and unanimously carried. Meeting adjourned~ City Clerk APPROVED: MAYOR