04-23-56 57
A Regular Meeting of the City Commission of the City of Delray
Beach, was held in the Commission Chambers at 7:30 P. Fl., with
Mayor Hike Yargates in the Chair, Acting City Manager ~. D. Worthing,
City Attorney John H. Adams and the following Commission Members
attending; Catherine E. Strong, W. J. Snow, Emory J. Barrow and
Howard Lee Cromer, the full Commission being present.
An opening prayer was delivered by Rev. J. T. Hayes, to whom
Mayor Yargates expressed the sincere appreciation o£ the City
Commission for having accepted the position of Commission
Chaplain for one year.
Commissioner Strong moved that the Hinutes of the April 9th
and 19th Meetings be approved as written. Notion was seconded
by Commissioner Snow and unanimously carried.
Commissioner Strong made a motion that Att'y. J. W. Nowlin
be advised that the proposed use of the property of Mrs. Martha
P. Hall, namely Lot 5 of Martha's ¥ineyard, sale of ~.hich has been
arranged to Rev. Joseph P. Hurley as Bishop of the Diocese of St.
Augustine, who contemplates use of said property as a convent, is
permissible without any change of proposed zoning or requiring of
special permit.
Motion was seconded by Commissioner Barrow and unanimously
carried.
Mro Warren ~rimes then addressed the Commission relative to
the previously discussed Palm Beach County lands northwest of the
City and the desired air-strip, informing the Commission that part
of said lands lie within the boundaries of Boynton Beach and the
remainder thereof in the County only. Mr. Grimes suggested it
might be well for the City Commission to confer with the Boynton
Council, ultimately, and resulting therefrom, a possible joint
request to the County, for transfer of desired County owned lands,
might receive more favorable consideration from the Board of
County Commissioners.
Mr. Grimes further stated that eventually he hoped to es-
tablish an experimental laboratory just north of the present city
limits, in Section 5-46-43, which could well provide employment
of Forty or more persons, not necessarily under 65 years of age,
on a reasonable and satisfactory part time basis. The lands
surrounding this general area and owned by Mr. Grimes are intended
to be developed and improved upon with substantial and desirable
homes and would be subject to annexation to the City. No objection,
of any nature, is expected to the existence of this laboratory
which shall not cause any undesirable noise, fumes or smoke, as
there will only be exper/mental, drafting and designing rooms.
In reply to inquiries from Att'y. John H. Adams, Mr. Grimes
advised he would favor annexation of the improved lands, but not
the golf course which he anticipates constructing in that area,
and that' while no immediate revenue should be expected from an
air-strip, if such becomes reality, indirect benefits of con-
siderable magnitude would be derived by the City through the
existence and availability of an air-strip - Mr. Grimes adding
that "Some of these days a town without an airport will be like
a town now without a railway station"~ and he would like to
suggest that the Mayor appoint a Committee to contact and confer
with the Boynton Council concerning this matter.
Mayor Yargates then appointed Commissioner Strong, Com-
missioner Cromer and Commissioner Snow for the Committee to act
on behalf of the City Commission and contact the Boynton Council
in th~s regard.
~ir. Warren G. Grimes then presented the Commission, for
transfer to the Delray Beach Library Association, a donation of
$2,700.00, the annual interest on the outstanding Special Tax
Revenue Certificate Issue of 1954 purchased and held by Mr. Grimes.
An additional Fee for appraisal of the golf course, pre-
viously requested by the City Commission of the City Manager
58
APRIL 23~b, 1956
W. E. Lawson Jr.., was presented in letter from Hr, Robert F. Graves,
M. A. I., dated April llth, 1956, in which cost estimate, Mr. Graves
stated would require 45 days for completion and delivery of the
report.
Commissioner Barrow moved that City Manager W. E. Lawson Jr.,
obtain a cost estimate from Elliott Gross Associates for a Sur-
vey and Map of the lands comprising the Municipal Golf Course.
Motion was secomded by Commissioner Cromer and unanimously
carried.
A letter from the Delray Beach National Bank, dated April 17th,
had been received wherein a solicitation of accounts was made, was
presented to the Con~nission.
Coeenissioner Snow, by virtue of authority vested in the City
Commission and contained in and forming a part of Resolution No.
919, passed and adopted March 22nd, 1954, moved that "Certificates
ofDeposits", currently outstanding, be transferred, for deposit,
to the Delray Beach National Bank as time deposits subject to one
per cent interest and to be secured by government securities, in-
strument reflecting such security to be ~urnished the Director of
Finance for the City of Delray Beach, upon expiration of said cur-
rent Certificates of Deposits.
Motion was seconded by Commissioner Cromer and upon Call of
Roll - Commissioner Strong abstained from voting, Mayor Yargates
and Commissioners Snow, Barrow and Cromer being in favor thereof.
A letter from Att'y. Neil MacMillan, on behalf of Mr. Harry
Howell, a resident of High Acres S/D, in~ediately adjacent to the
City of Delray Beach, and with reference to furnishing Fire pro-
tection outside the city limits, was read to the Commission.
Commissioner Cromer moved for the appointment of a Committee
to confer with the County Commission concerning some possible
solution to the matter of furnishing fire protection to fringe
areas of any municipalities. Motion was seconded b~ Commissioner
Barrow and unanimously carried.
Mayor Yargates then appointed the following named Commissioners
to fo~m a Committee for contacting the Board of County Commissioners
regarding fire hazards outside city l~mits:
Commissioner Catherine E. Strong
" Howard Lee Cromer
" Emory J. Barrow.
Commissioner Snow moved that the request of Oerico Incorpo-
rated, dated April ll th, 1956, for zoning change in part of Lot
4, a S/D of Section 9-46-43 and owned by Oerico Inc., be referred
to the Planning and Zoning Board. Motion was seconded by Com-
missioner Barrow and unanimously carried.
No objections being received at the public hearing, scheduled
for this meeting, in accordance with Resolution No. 995, passed
and adopted April 9th, 1956, the following ~esolution was read:
~SOLUTION NO. 1002.
A ~ESOLUTiON OF 1'HE CITY OF DELitAY BEACH, FLORIDA,
AUTHOPilZ1NG THE CITY MANAGEII TO PROCEED WITH THE
OPENING, AMD PAVING OF THaT PART OF S. W. SIXTH
AVENUE, LYING BETON GEI~ANTOk~N l/GAD AND SPOFFORD
STHI%RT, TO A W1DTH OF TWENTY-TWO (22) ~ET.
WHEHEAS, the City Commission of the City of Delray Beach~
Florida, did on the 9th day of April, 1956, determine to proceed
with the opening and paving of that part of South West Sixth
Avenue lying between Germantown Road (10th St. ) and Spofford
Street, to a width of twenty-two (22) feet, and
WHEREAS, the Hesolution providing therefor has been duly
published as required by the City Charter, together with a notice
APRIL 23~{D, 1956
that objections to said improvement would be heard on this date,
and,
WtLEi(EAS, no sufficient objections have been made to such
proposed improvement,
NOW, TFlEtiEF0~E, BE IT ~J~SOLVED by the City Commission of the
City of Delray Beach, Florida, that the City Manager be and he is
hereby instructed to proceed with the opening and paving of that
part of South West Sixth Avenue lying between Germantown Road
(10th St.) and Spo£ford Streot, to a width of twenty-two (22)
feet, according to the plans and specifications heretofore filed
with the City Clerk, and a copy thereof filed in the office of
the City Manager and kept open for the inspection of the public.
PASSED in the ~egular Session on this the 23rd day of April,
A. D., 1956.
/s/ Mike Yargates
l,i 'X 'Y o a
ATTEST:
/s/ it. D. Worthin~. City Clerk
Commisiioner Strong moved that Resolution No. 1002 be passed
and adopted on first and final reading. Motion was seconded by
Commissioner Cromer and unanimously carried.
KESOLUTiON NO. 996
A ~SOLUTiON OF THE CITY OF OELiLAY BEACH, FLO~tlDA,
~E~UI~ING PLANS, SPECIFICATIONS AND ESTINATE OF
COST TO CLEAi(, GKADE ~ND CONSTRUCT BASE ON SOUTH
WEST TWELFTH AVENUE BETWEEN ATLANTIC AViNUE AND
SECOND STKEET.
WHEiLEAS, the City Commission of the City of Delray Beach,
Florida, deems it to be necessary for the safety and convenience
of the public to cause the clearing, grading and construction of
base on South West Twelfth Avenue, between Atlantic Avenue and
Second Street, to a width of twenty-two (22) feet, and to assess
eighty ($0) percent of the total cost thereof against the lands
abutting thereon, the City of Delray Beach to pay the remaining
twenty (20) per cent of said cost in accordance with policy es-
tablished by the City Commission at its regular meeting of June
14th, 1955.
NOW, Tflh~t~FOaE, BE IT ~SOLYED by the City Commission of the
City of Delray Beach, Florida, as follows:
SECTION 1. The City Manager be required to submit plans,
specifications and an estimate of the cost of such improvement
to be.made, 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 23rd day of April, A. D., 1956;
/s/ Mike Yar~ates
MAYO ~
ATTEST:
/S/ 1'. D. Worthin, City Clerk
6O
APRIL 23RD, 1956
Commissioner Strong moved that Resolution #996 be adopted on
first and final reading. Motion seconded by Commissioner Barrow
and unanimously carried.
r~I~SOLdTION NO. 997
A RESOLUTION OF THE CITY OF DkLHAY BEACH, PT~0aIDA,
ftEQUlaING TH~ CITY MANAGFA~ TO PREPAltE PLANS,
SPECIFICATIONS AND ESTheTE 0F COST T0 CLEAR,
~D CONSTitUGT BASE 0N N0~iTH ~ST SEVENTH AVENUE,
BETON ATL~TIC AVEN~E ~D FIRST STa~T.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, deems it to be necessary for the safety and convenience
of the public to cause clearing, grading and construction of
base on North West Seventh Avenue, between Atlantic Avenue and
First Street, to a width of twenty two (22) feet, and to assess
eighty (80) per cent of the total cost thereof against the lands
abutting thereon, the City of Delray Beach to pay the remaining
twenty (20) per cent of said cost in accordance with policy es-
tablished by the City Commission at its regular meeting of June
14th, 1955.
NOW, THEitRFORE, BE IT t~SOLVED by the City Commission of the
City of Delray Beach, Florida, as follows:
SUCTION 1. The City Manager be required to submit plans,
specifications and an estimate of the cost of such improvement
to be made, 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 23rd day of April, A. D., 1956.
Mike Yargates
MAY0~
ATTEST:
/..s/ ~!,, D. Wo, rthing
City' Clerk
Commissioner Cromer moved that Resolution No, 997 be adopted
on first and final reading. Motion was seconded by Commissioner
Strong and unanimously carried.
t{ESOLUTION NO, 998
A ~ESOLUTION 0F THE CITY OF DELRAY 8EACH, FLOKIDA
I~EQUI~ING TIlE ClI~f ~h~NAGE~ TO P~~ PLUS,
SPECIFICATIONS ~D ~STI~TE Of' COST ~ CLE~, G~DE
~D CONSTi{UCT BASE 0N SOUTH~ST TH]RD AVENUE,
BETON FIRST ~D SECOND ST~k~;TS.
WHEH~AS, the City Commission of the City of Delray Beach,
Florida, deems it to be necessary for the safety and convenience
of the public to cause the clearing, grading and construction of
base on South West Third Avenue, between South West First and
Second Streets, to a width of twenty-two (22) feet, and to assess
eighty (80) per cent of the total cost thereof against the lands
abutting thereon, the City of Del ray Beach to pay the remaining
twenty (20) per cent of said cost in accordance with policy es-
tablished by the City Commission at its regular meeting of June
14th, 1955.
NOW, THEPJ~FOHJ~, B~ IT Pd~SOLV~:D by the City Commission of the
City of Delray Beach, Florida, as follows:
SECTION 1. The City Manager be required to submit plans,
specifications and an estimate of the cost of such improvemsnt
61
APRIL 23RD, 1956
to be made, 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 23rd day of April, A. D., 1956.
/S/ Mike Yar~ates
MAYO~
ATTEST:
/sZ R. 9. Worthi.n$ City Clerk
COMMISSlONE~t BArrOW MOYED THAT ~ESOLUTION No. 998 be adopted
on first and final reading. Motion was seconded by Commissioner
Cromer and unanimously carried.
~ESOLUTION NO. 999
A ~SOLUTION OF THE CITY COM~ilSSION OF THE CITY
OF DELHAY BEACH, I,~OItlOA, O~tDEI/ING THE CLEAItING
GitADING AND CONSTitUCTION OF BASE, ON SOUTH VEST
TWELFTH AVENUE, BETWEEN ATLANTIC AVt;~UE AND
SECOND
WHEREAS, the City Commission of the City of Delray Beach,
Florida, did, on the 23rd day of April, A. D., 1956, adopt a
Hesolution ordering the City Manager to prepare plans and speci-
fications, together with estimate of cost of clearing, grading
and construction of base, on South West Twelfth Avenue, between
Atlantic Avenue and Second Street to a width of twenty two (22)
feet, and requiring said plans, specifications and estimate of
cost of such improvement to be palced on file in the office of the
City Manager, and
~tiEr~EAS, the City Commission deems it to be necessary for
safety and convenience of the public to clear, grade and construct
base of said street,
NOW, THE~iEFORE, BE IT RESOLVED by the City Commission of the
City of Delray Beach, Florida, that it is determined to make the
following described improvement, to-wit:
To clear, grade and construct
base on Soutt~ West Twelfth Aveu~e
between Atlantic Avenue and Second
Street, to a width of twenty two
(22) feet, the total cost, as esti-
mated, for such improvement being
$4,400.00.
BE IT Y~JttTtt~t ~SOLVED that the entire cost of such
improvement shall be shared by the 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 twenty (20) per cent of said improvement and the abutting
property owners, said properties shown below paying eighty (80)
per cent of said total cost.
140' Atlantic Park Gardens,. Block 2, Lot 11
50.07 ' " " " " " " 21
50 ' " " " " " " 22
50 ' " " " " " " 23
50 ' " " " " " " 24
50 ' " " " " " " 25
50 ~ " " " " " " 26
50 ' " " " " " " 27
50 ' " " " " " " 28
APitlL ;23nD. 1956
50.07' Atlantic Park Gardens, Block 2, Lot 29
57.07' . ,, ,, . 3. Lot 13
50 ' . ,, . " " " 14
50 ' . ,, ,, ,, . " 15
50 ' . ,, ,, , ,, . 16
50 ' . ,, ~ , " " 17
50 ' " " " " " " 18
50 ' " " " " " " 19
50 ' " " " " " " 20
50 ' " " " " " " 21
50 ' " " " " " " 22
50 ' " " " " " " 23
57.07 ' " " " " " " 24
57.03' Atlantic Gardens, Block 6, Lot 12
50 ' " " " " " 11
50 ' " " " " " 10
50 ' " " " " " 9
50 ' " " " " " 8
50 ' " " " " " 7
50 ' " " " " " 6
50 ' " " " " " 5
50' " " " " " 4
50 ' " " " " " 3
50 ' " " " " " ;2
57.07 ' " " " " " 1
50.07' Atlantic Gardens, Block 5, Lot 20
50 ' " " " " " 19
50 ' " " " " " 18
50 ' " " " " " 17
50 ' " " " " " 16
50 ' " " " " " 15
50 ' " " " " " 14
50 ' ,, . . . " 13
50.07 ' " " " " " 12
140 ' " " " " " 1
said benefi ts to be determined and prorated according to the front
footage of the respective properties as set forth immediately above.
B~. IT FUaT~ER itESOLYED that said special assessments against
all the parcels of lands as se t forth above which are specially
Benefitted, shall be and remain liens superior in dignity to ali
other liens, except liens for taxes, until paid, from the date of
the assessment upon the respective lots and parcels of land as-
sessed, and which shall bear interest at the rate of eight (8)
per cent per annum, and which may be paid in three (3) equal year
ly installments with accrued interest on all deferred payments.
Payment shall be made at the stone 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 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 0~Dh~Ei) that the City Commission shall sit at the City
Hall in the City of Delray Beach, Florida, at 7:30 P. M., on the
14th day of May, A. D., 1956, for the purpose of hearing objections,
if any, on said proposed improvement, as set forth above.
BE 1T FUi/THE~ 0RDh~ED that this Resolution be published once
a week for two (2) consecutive weeks in a newspaper of local circu-
lation.
APttlL 23R1), 1956
PASSED AND ADOPTED by the City Commission of the City of
Delray Beach, Florida, on this 23rd day of April, A. u., 1956.
/S/ Mike Yarcates
FIAYO it
ATTEST:
/S/ a. D. Worthing
City Clerk
Commissioner Strong moved that Resolution No. 999 be adopted on
first and Final reading. Motion was seconded by Commissioner Barrow
and unanimously carried.
~SOLUTION NO. 1000
A ~ESOLUTION OF Tile C1TY CO)h~iISSION OF Tile
CITY 0F DELr~¥ BEACh, FL0~IDA, OiiDE~ING THE
CLEARING, GitADING AND CONSTRUCTION OF BASE,
ON NORTH WEST SEVENTH AVENUE, BETWEEN ATLANTIC
AVENUE AND FI~ST STKEET.
WHEI~AS, the City Commission of the City of Delray Beach,
Florida, did on the 23rd day of April, A. D., 1956, adopt a Reso-
lution ordering the City Manager to prepare plans and specifications
together with estimate of cost of clearing, grading and construc-
tion of base, on North West Seventh Avenue, between Atlantic
Avenue and ~irst Street to a width of twenty two (22) feet, and
requiring said plans, specifications and estimate of cost of
such lmprovemnet to be placed on file in the office of the City
Manager, and
I¢HE~EAS, the City Commission deems it to be necessary
for safety and convenience of the public to clear, grade and con-
struct base of said street,
NO~, THEREFORE, BE IT ~ESOLVED by the City Commission of
the~City of Delray Beach, Florida, that it is determined to make
the following described improvement, to-wit:
To clear, grade and construct
base on North West Seventh Ave-
nue, between Atlantic Avenue and
First Street, to a width of twenty
two (22) feet, the total cost, as
estimated, For such improvement
being ~2,000.00.
BE IT FUaTHEtl ~SOLVED that the entire cost of such im-
provement shall be shared by the City of Delray Beach, ~lorida,
and the following described properties in Delray Beach, Palm
Beach County, Florida, on a basis of the City of Velray 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 said total cost.
140' Block 4, Lot
67.1' ,, ~ . 12 and 13
37.5' ,, . " 14 and S!~ of 15
37.5' . ~ " 16 and N~ of 15
51.1 ' . . " 17
100' " " " 18 and 19
135 ' " " " 20
AP~llL 23~D, 1956
135' Block 12, Lot 23
50 ' " " " 24
50 ' " " ~ 25
51.1 ' " " " 26
37.5' " " " 27 and ~ of 28
37.5' " " " 29 and S~ of 28
25 ' " " " 30
42.1 ' " " " 31
140
said benefits to be determined and prorated according to the -
front footage of the respective properties as set forth immedi-
ately above.
BE 1T FUnTHE~ FdfSOLYED 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 dig-
nity 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 (8) per cent per annum, and which may be paid in three (3)
equal yearly installments with accrued interest on all deferred
payments. Payment shall be made at the same place that taxes pay-
able to the City of Delray Beach, ~'lorida, aec 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 pauments, 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 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 01tDEaED that the City Commission shall sit. ~,t the
City Hall in the City of Delray Beach, Florida, at 7:30 P. M.,
on the 14th day of Hay, A. D., 1956, for the purpose of hearing
objections, if any, on said proposed improvement, as set forth above.
BE Il' FU~TIiEH 0itDEKED that this Hesolution be published
once a week for two (2) consecutive weeks in a newspaper of local
circulation.
PASSED AND ADOPTED by the City Commission of the City of
Delray Beach, Florida, on this 23rd day of April, ~. ~., 1956.
/,S/ Mike Yargates
.... ~YO~ ~
ATTEST:
Worthing
Commissioner 6romer moved that ~esolution No. 1000 be adopted
on first and final reading. ~otion was seconded by Con~issioner
Sno~ and unanimously carried.
Item (3) of the Planning Board's Report, dated April 21st, to
the City Commission concerning matters recently referred to said
Board, was then read, as f'ollows:
3. Albert Pope proposal For sub-division of the East 300 feet of the
West 417 feet of the North 100 feet of Ocean BeaCh Lot 3, Frac.
E~ of Section 16-46-43.
The Soard recommends: (Mr. Jacobson being absent)
(a) a 22 ft. cul-de-sac R/W with suitable turn-around dedication
APItlL 23ttD, 1956
to the City. (Deviation from required 40 ft.
(b) 18 ft. paving on the south si(~e of the H/W.
(c) a 20 ft. front yard set-back. (Deviation from 35 ft)
(d) that the Building Inspector be authorized to issue
construction permits immediately for residences
qualifying otherwise under ~es. A requirements.
Commissioner Strong moved that the ~uilding Inspector be
instructed to issue building permits for the homes of J.
Pierpoint and ~lbert Pope in accordance with the plans presented
by Att'y Rhea Whitley.
Motion was seconded by Commissioner Snow and upon call of ~oll
Mayor Yargates and Commissioners Strong and Snow voted in favor of
the motion, Commissioners Cromer and Barrow were opposed. Motion
carried.
~ESOLUTION NO. 1001
A RESOLUTION OF THE CITY OF DEL~AY BEn, CH,
FLORIDA, OIiDEItlNG THL CLEAtilNG~ GitADING.
AND GONSTIiUGTION OF BASk ON SOUTH WEST
THIiiD AVENUE BETWEEN SOUTti ~rEST FIRST AND
SECOND STHEETS~
WiiE~iEAS, the City Commission of the City of Delray Beach,
Florida, did, on the 23rd day of April, ,~. D., 1956, adopt a
Resolution ordering the City Manager to prepare plans and speci-
fications, together with estimate of cost of clearing, grading
and construction of base, on South West Third Avenue, between
South West First and Second Streets, to a width of twenty two
(22) feet~ and requiring said plans, specifications and estimate
of cost of such improvement to be placed on file in the office
of the City ~lanager, and
Wti~LEAS, the City Con~ission deems it be necessary for
safety and convenience of the public to clear, grade and con-
struct base of said street,
NOW, TtlEitEFOttE, BE IT ~t~.SOLVED by the City Commission of
the City of Delray Beach, Florida, that it is determined to make
the foXlowing described improvement, to-wit:
To clear, grade and construct
base on Oouth West Third Avenue,
between South West First and
Second Streets. to a width of
twenty two (22~ feet, the total
cost, as estimated, for such im-
provemnent being ~2,000.00
BE IT FUliTHE~t r~SOLVED that the entire cost of such im-
provement shall be shared by the City of Delray Beach, t'lorida,
and the following described properties in Delray Beach, Palm
" Beach County, t'lorida, on a basis of the City of Belray 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 said total cost.
106' N-~ of Block 38 Lot 9 and N 29.5' of Lot 10
50' " " " " S 47' of Lot 10 & N 3' of Lot 11
50' " " " " S 50' of N 53' of Lot 11
100' " " " " Lot 12 and S 23.5' of Lot 11
51.52' ~ " " "
S~ Lot 13
51.52' " " " " Lot 12
51.52' . . . " Lot 9
51.52' ,, . " " Lot 8
100 ' " ' " " Lot 1
76.5' Block 46 Lot 1
76.5' " " "
76 · 5 ' " " ' 3
76 · 5 ' " " " 4
~A~itlL 23H2~, 1956
76.5' Block 46 Lot 5
76.5' " " " 6
76.5' " " " 7
76.5 ' " " " 8
said benefits to be determined and prorated according to the
front footage of the respective properties as set forth im-
mediately above.
BE IT FURTHEst RESOLV~;D 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 (8) per cent per annum, and which may be paid in
three (3) equal yearly installments with accrued interest on all
deferred payments. Payment shall be made at the same place that
taxes payable to the City of Delray Beach, *'lorida, 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 proceedinff_s by a Bill
in ~hancery to enforce payment thereof with all mccrued 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.
1T IS ORDERED ~he City Commission shall sit at the
City Hall in the uity of Delray Beach, ~lorida, at 7:30 P.M.,
onthe 14th day of May, A. D., 1956, for the purpose of hearing
objections, if any, on said proposed improvement, as set Forth
above.
BE IT FU~Tti~it 0~DEFd~D that this Resolution be publishedd
once a week for two (2) consecutive weeks in a newspaper of
local circulation.
PASSED AND ADOPTkD by the ~ity Commission of the City. of
Delray Beach, l~lorida, on this ~he 23rd day of ~pril, A.
1956.
/S/Mike Yarc;ate s
M~Y O-R
ATTEST: -
y___C D. ~orthing
igrk
Commissioner Snow moved that Resolution No. 1001 be adopted
on first and final reading. Motion was seconded by Commissioner
Strong and unanimously carried.
Commissioner Barrow then moved that Bills in the amount of
~46,120.69 be paid subject to the approval of the Finance Committee.
~otion was secomded by Commissioner Strong and unanimously carried.
Commissioner Strong moved that the proposal of Dr. W. C.
Williams, Jr., be in compliance with the recommendation of the
Planning Board; that Dr. Williams be asked to present his. proposal
with a sketch of anticipated development together with a sketch of
adjoining developments previously acted on by the City Commission.
Motion was seconded by Commissioner Cromer and unanimously carried.
Commissioner Barrow moved for the acceptance of the recom-
mendation from the Planning and Zoning Board concerning the
APttlL 23KD, 1956
request for He-Zoning made by Mr. ~'ulton ~. Gruver - The Board
having gFelt that insufficient reason for emergency zoning action
appeared in this proposal, and requests that Mr. Gruver officially
re-submit his zoning request in accordance with the provisions of
the City Ordinance No. 365 in time for a public hearing to be held
after December 1st, 1956, at which time it is expected that ad-
ditional similar requests resulting from the new zoning ordinance
will be submitted".
Notion was seconded by Commissioner Snow and unanimously
carried,
Commissioner S~rongmoved for acceptance of the recom-
mendation from the Planning/Zoning Board with reference to the
property of "Sea-itay, lnc. ", in which they recommend a minimum
set-back of two (2) feet from the east R/W line on A1A from the
north property line southward to an east-west line seventy (70)
feet north of the south property line of the parcel of land
owned by Sea-~ay, Inc. and lying east of A1A in Section 21-46-43,
and that Sea-kay, Inc., forward written request to the City
Commission for this particular deviation together with plan of
intended development. Motion was seconded by Commissioner
Barrow and unanimously carried.
Commissioner Strong moved that the City Manager be author-
ized to supply necessary materials and labor to furnish water,
of sufficient amount, to meet the need o£ a sprinkler system
to be furnished and inst ailed by the Seacrest Pony League Ball
Field in Block 37 if there are available funds. Motion was
seconded by Commissioner Barrow and unanimously carried.
Commissioner Barrow moved that Commissioner Cromer be dele-
gated to work with and assist the Supt. of Public Works in
minimizing the cost of supplying water to the Pony League Ball
Field, originally estimated to cost approximately ~850.00.
Notion was seconded by Commissioner Strong and unanimously carried.
hayor Yargates appointed Commissioners Strong and Barrow
to act as Judges for the "Poster Contest" to be held in con-
junction with "Loyalty Day".
.Commissioner recommended that City Manager Lawson advise
the Beach Taxpayers League relative to the League's inquiry of
April 2Oth, concerning the Swimming Pool (West Sector) and the
Andrews Avenue projects, the latter being in reference to grad-
ing and paving of Andrews Avenue, and providing for proper
elevation for drainage with relation to the over-all-drainage
of the area lying between Andrews Avenue and the Intracoastal
Waterway and Atlantic Avenue to Seaspray Avenue.
There followed the r,~ading of a letter dated April 20th,
1956, from the law firm of Shutts, Bowen, Simmons, Prevatt &
Julian representing the noyal Palm Ice Company, and which per-
tains to the discharge of surplus water at the Company's local
plant.
The Commission requested that the City Manager study this
matter and present all past correspondence and previous arrange-
ments made relative thereto, together with his reco~endation~
to the Commission at the next regular meeting.
hr. Hughson informed the Commission of the resignation from
the Electrical Board Art Wortham, due to hr. ~ortham's transfer
to the Titusville branch of the Florida Power & Light Company.
Commissioner Strong moved that the vacancy on said Board be
filled by the appointment thereto of hr. William J. Gearhart to
serve until a successor shall be appointed.
~otion was seconded by Commissioner Barrow and unanimously
carried.
heeting Adjourned.
APitlL 23~(D, 1956
/S/ ii. D. l~orthing
City Clerk
APPitOYED:
MAYOR