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08-13-56 AUGUST 13TH, 1956 A Regular Heeting of the City Con~ission was .held in the C~misslon Chambers at 4:00 P. n., with Hayor Mike Yargates ~in the Chair, City Manager ~. E. Lawson Jr., City Attorney John H. Adams, and the Following Com~issioners being present; Catherine E. Strong, I/. J. Snow, Emory Jo Barrow and Howard Lee Cromer, a full Commission being in Session. Commissioner Strong moved for approval of the Minutes for the July 23rd, 25th and August 1st meetings, notion was seconded by Commissioner Cromer and unanimously carried. Att~y. Harry Johnston again appeared before the Com- miasion on behalf of the International Register Company· requesting permit be granted for the strengthening of the .existing sea wall on the Register Company's Lot 14, Crestwood S/D, Delray Beach, Floridao City Hanager Lawson informed the Commission that he had conferred with County Engineer Steve Middleton concerning the County Commission*s opinion as to ~here a Bulkhead Line might be extablished, and Further suggested that a survey, to cost approximately $300.00, might well be advisable. Commissioner Cromer moved that the City Manager be authorized to employ capable engineering service to estab- lish a satisfactory bulkhead line within the limits of Delray Beach. Motion was seconded by Commissioner Stoong and unanimously carried. Commissioner Strong then moved that permit be granted to International Register Company for strengthening the existing seawall on Lot 14, Crestwood S/D, subject to the approval of the engineers and survey to be conducted by the City Hanagero Hotion was seconded by Commissioner Snow and unanimously ca~"ried. The City Manager presented his proposed Budget for 1956- 1957 fiscal year and Commissioner Cromer moved that same be accepted for study by the Con~lssion. notion was s~:conded by Commissioner Barrow and unanimously carried. At the suggestion of the City Hanager, it was agreed by the~ Commission that a Special Meeting be scheduled for a public hearing on the proposed Budget, said meeting to be held at 4:00 P. n., on August 31st, in the Commission Chambers at the City Hall. City nanager Lawson then advised the Commission of hav- ing received the following bids on the Fire Hose - based on Specifications issued by the City of Delray Beach: 600 Ft., 100 Ft. 2-~" 1--12" American La-France Corp.· "LaFrance~ ~ 1.76 Ft. 1.24 Ft. Bi-Lateral Fire Hose Co. ~BI-Lateral Durobilt" 1.75 Ft. 1.20 Ft. Eureka Fire Hose "White Oak 1.80" 1.25" B. F. Goodrich Co. "Ala tm" 1.88" 1.30" Commissioner Strong moved For acceptance of the recommendation of the City )tanager and the awarding of Contract to the low bidder ...... "Bi-Lateral Fire Hose Co.", - 600 Ft. Of 2~" ~$1.75 per ft. (~1,050.00) and 100 Ft. of 1-~" @1.20 per ft. ($120.00). Motion was seconded by Commissioner Cromer and unanimously carried. The City Hanager then info rmed the Commission that 61~o of the property owners of lands abutting on the NV 6th Abenue, between 3rd and 4th Streets, had signed a petition requesting the opening and paving of that part of N~ 6th Avenue. Commissioner Cromer moved that this petition be recognized and that the project be scheduled for construction, notion 157 AUGUST 13TH, 1956 was seconded by Commissioner Snow and unanimously carried. City Manager Lawson then read .the following Resolution. RESOLUTION NO. 1020. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REOJJIRING PLANS, SPECIFICATIONS AND ESTIMATE OF COST TO CONa STiiUCT A SIDEWALK ON THE EAST SIDE OF SOUTH SWINTON AVENUE BETWEEN SOUTHEAST 4TH AND 10TH STREETS. WHEt~AS, The City Commission has deemed it a matter of public safety and welfare to provide a continuous sidewalk from Southeast 4th Street, Southerly and only on the East Side of Swinton Avenue, to Southeast 10th Street, the City of Delray Beach, Florida, to share the cost of such improve- ment with owners of lands abutting thereon; NOW THERF~0i~E, BE IT RESOLVED by the City Commission of the City of Delray Beach, Florida, as follows: SECTION 1: That 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 13th day of August, A. D., 1956, · ' M A Y 0 ii ~ ATTEST: /s/ .. o. WOSTaING City Clerk Commissioner Strong moved that Resolution No. 1020 be adopted on first and Cinal reading. Motion was seconded by Comissioner Barrow and unanimously carried. The City Manager then read the following Hesolution. RESOLUTION NO. 1021. A dESOLUTIOIi OF THE CITY CO~iISSION of THE CITY OF DEL'iiAY BEACH, FLORIDA ORDERING THE CONSTitUCTION OF A SIDEWALK, FIVE (5) FEKT IN WIDTH, ON ~lE EAST SIDE OF SOUTH SWINTON AVENUE BETWEEN SOUT[IEAST FOUNTH (4%h.) AND TENTH (10th) STREETS. WBEHEAS, the City Commission of the City of Delray Beach, Florida, did, on the 13%h day of August, 1956, adopt a Hesolu%ion requiring the City Manager to prepare plans, specific ations and an estimate of cos% for the construction of a sidewalk on the East Side of South Swin%on between Southeast 4th and 10th S%reets~ said sidewalk to be Five (5) feet in width, and requiring said plans, specifications and estimate of cost of such improvement to be placed on file in %he office pf the City Manager, and WHEHEAS, increased ~edes%rian traffic and more specifically an urgent request for such improvement having been made by the Parent Teachers Association on behalf of %he many school children in %hat area is considered sufficient cause to necessitate the construction of a sidewalk on the land des- cribed above. AUGUST 13th, 1956 NOW, THEREFOP~E, 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: CONSTitUCTION OF A SIDEWALK, five (5) feet in width, .on the East side of South Swinton Ave- nue between Southeast 4th and 10th Streets, the total cost, as estimated, for such im- provement being $5,000.00. BE IT FUftTHEa ~SOLYED that the entire cost of such Provement shall be shared by the City of Delray Beach, Florida, and the following described properties in Delray Beach, Palm Beach 0ounty, Florida, on a basis of the City of Delray Beach paying fifty (50) per cent of the cost of said improvement, and the property owners, of said properties shown below, pay- ~ng fifty (50) per cent of the total cost thereof; Item 1. That part of Model Land Company's Lot 1, Block 1, S/D of Section 21-46-43, which lies Vest of a line parallel with and 50 feet distant westerly from the center line of ~/ain Track of' the F.E.C. ay., said tract being described in accordance with the Model Land Company's Plat of S/D of Wi of Sec. 21-46-43, Less the following three (3) p~rcels of land therein; (a) Begin at a Point on the S R/W line of SE 4th Street which point is 40 feet W~of the westerly boundary line of the F.E.C. liy., measured along said S line of S. E. 4th Street; thence W'ly along S ~/W line of S. E. 4th Street a distance of 165 feet; thence S'ly parallel to Swinton Avenue a distance of 140 Feet to a point; thence E'ly & parallel to S. E. 4th Street ~ to a point lying 40 feet W of the W R/W line of the F.E.C. Ry., thence North E'ly in a straight line parallel to the W H/W line of the F.E.C. Ry., to the P. O. B. (b) S 75 feet of N 200 feet o£ W 164 feet thereof. (c) S 75 Feet of N 275 feet of W 164 feet thereof. Item 2. The South 75 feet of the North 200 feet of the Vest 164 feet, LESS the W 33 feet thereof, and more par- ticularly described above in Item 1 - Sec. (b). Item 3. The South 75 feet of the North 275 feet of the Vest 164 feet, LESS the W 33 feet thereof, and more par- ticularly described above in Item 1 - Sec. (c). Item 4. Lot 1, Anderson Block, Plat Book 22, Page 45. " 6. . 3, " ,, ,, ' 7. . 4, . # . ltem 8. South-half of Lot 2 and ALL of Lot 3, Block 1, Model Land Co's. S/D of the W~ of Sec. 21-46-43, as in Pl. Bk. 1-128, LESS SE 7th Street 50 foot a/W. Item 9. Lot 4, Block 1, of Model Land Co' s. S/D of the W~ of Sec. 21-46-43, as in Plat Book 1-128. said benefits to be determined and prorated according to the Front Footage of the respective properties as set forth im- mediately above. BE IT FUdTHE~ /rESOLVED that said special assessments against all the lots and lands as set Forth herein ~hich are specially benefited, shall be and remain liens superior in dignity to all other liens, except liens for taxes, until paid, from the date AUGUST 13TH, 1956 of the assessment upon the respective lots and parcels of land assessed, and which shall bear interest at the rate of eight (8) percent per annum, and which may be paid in three (3) equal yearly~',installments with accrued interest on all deferred payments. Payments shall be made at the same place that taxes payable to the City of Delray Beach, Florida are paid, namely, at the office of the City Tax Collector, and upon failure of any property owner 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 amount 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 Commission shall sit at the City Hall in the City of Delray Beach, i'lorida, at 4:00 P.M., on August 27th, 1956, for the purpose of hearing objections, if any, on said proposed improvement, as set forth herein. PASSED AND ADOPTED by the City Commission of the City of Delray Beach, Florida, on this the 13th day of August, A.D., 1956. /S/ Mike y~gates MAYO ATTEST: /S/ R. D. Worthinf City Clerk Commissioner Cromer then moved that Resolution No. 1021, fifty (50) per cent of the entire cost for such improvement to be borne by the City of Delray Beach and fifty percent of said cost to be assessed against benefited lands as shown therein, be adopted on first and final reading. Motion was seconded by Commissioner Barrow and unanimously carried. City Manager Lawson then read Ordinance 0-239. OiiDINANCE 0-239 AN Oi~DINANCE OR THL CITY COMMISSION OF CITY OF DEL~tAY BEACH, ~]LOiLIOA, DECLARING ITS INTh~TION TO ANNE~, AT T~E EXPIRATION O~~ FIi. a TEEN DAYS FiiOM THE FINAL PASSAGE 0I;' THIS 0RDIN~NCE, TO ~iE CITY OF DELHAY BEACH, THE WITHIN DESCRIBED TRACT 01~ PAI{CEL 0F L~UND LOCATED IN PALM BEACH COUNTY, FLA., AND LYING CONTIGUOUS TO TP~ CITY OF DELKAY BEACH, ~LOiiIDA, SAID L/hNDS BEING AND CONSTITUTING TIlE tiIGt~T-0F-WAY OF U. S. HIGHWAY ~1, AS WELL AS THAT CERTAIN P~aJPOSED SUBDIVISION KNOWN AS "T~OPIC ISLE", ACCOKDING TO THE PLAT THEREOF iiECORDED IN THE OFFICE OF THE CLEPdi 0F CIRCUIT COURT IN AND ~0R PALM BEACH COUNTY, I~50~ilDA, IN PLAT BOOK 2~[, PAGE 235, AND PROVIDING FOR THE ZONING AND TAXATION OF SAME. Commissioner Cromer moved that Ordinance G-239 be placed on first reading MOTION was seconded by Commissioner Barrow and unanimously carried. The Ci, ty Manager then submitted the Report of the Planning/Zoning Board with reference to the request for permit to construct an addition to the Zuekerman store building on Lot 1, Block 100. AUGUST 13TH, 1956 Commissioner Barrow moved for acceptance of the recommendation by the Planning Board, as contained in the Board*s report of August 12th, items 1 through 5 and granting of permit to allow construction of addition to said store building as per plans submitted by Mr. Sidney Zuc~erman. Motion was seconded by Commissioner Snow and unanimQusly carried. * see bottom of q~xt ~ageo Before any consxaera~lon be given concerning such an activity the area described, the City Manager was instructed to solicit a proposal from the Boat Club now operating the small boat ramp at that location for such an activity and if the Club be interested in submitting an offer or similar request for consideration that same be accompanied by a sketch outlining plans for desired constru&tion. City ~anager Lawson then submitted the ~eport of the Planning/Zoning Board concerning the request of Mrs. :Clarence Butts, Bellview Court, wherein the Board suggested this be processed in December, due to zoning nature of said request, unless the Commission felt that an emergency recognition should be made. Commissioner Barrow moved that this request warranted being classed as an emergency and that the zoning Commission, in accordance with Ordinance No. 365, and the Zoning Laws of the City of Delray Beach, be instructed to schedule a public hearing concerning the request of Mrs. Butts. Motion was seconded by Commissioner Strong and unanimously carried. The City Manager then read a letter from DeWitt Upthegrove regarding County Registration ~hereln the County Registrar (Mr. Upthegrove) stated it was the desire of his office to supervise ALL County registration and that no such registration be conducted by Municipalities, as has been attempted in the past, or any office other than the Registrar's Office. ~ Commissioner Snow then moved that Bills in the sum of ~75,856.82 be paid subject to the approval of the Finnce Committee. Motion was seconded by Con~nissioner Barrow and unanimously carried. City Manager Lawson then informed the Commission of having received the following deviation requests: (a) Thos. M. Corcoran, Lot 9, Blk. 1, Northridge S/D .... Setback. (b) Betty C. Lynch, Lot 85, Plumosa Park ......... Setback (c) Mary E. Myers, Lot 6, Blk. 2, Totterdal Add.- " ~d) N. A. Jenkins, Lot 7, Blk. 28, Commissioner Barrow moved that the above Deviation Requests be referred to the Planning/Zoning Board for their recommenda- tion. Motion was seconded by Commissioner Snow and unanimously carried. Co~nissioner Cromer moved that the request o£ Mr. Philip Gable, through the Fraternal Order of Police - ~onder City Lodge No. 1, for installation of Gum Vending Machines on the streets of Delray Beach, be denied. Motion was seconded by Commissioner Strong and unanimously carried. Commis:~ioner Cromer moved that two-way radio equipment be installed in the Building Inspector's automobile. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Snow, requesting a discussion concerning Liability Insurance on General and Sub Contractors, was informed by the City Manager that such coverage was a re- quirement being incorporated in the general ordinance now being prepared covering Rules and Hegulations pertaining to the licensing and activities o~ ALL contractors. The City ~anager informed the Commission that he had AUGUST 13TH, 1956 just been advised that re-construction of East 5th and 6th Avenues, within the City Limits, would not begin until early ,in 1~57, and would then result in four-laning a 60 ft. ~/I/, 30 feet easterly and 30 feet westerly from the-~ present Center Line of said Avenues. Mayor Yargates made the Following statement to the Press: ~The City Commission had a caucus with the Golf Committee, all members of the Commission being present and all members of the Golf Committee with the exception of Mr. Fred McNeece in attendance. At this meeting it was agreed not to sell the Golf Course for one year sothe Committee would have sufficient time to plan for the next season. The Club house viii be leased and all the concessions in the club house vii1 be leased. The City viii run the golf course." Commissioner Cromer then moved that the City ~lanager pro- vide for Survey and Map of the Golf Course. Motion vas seconded by Commissioner Snow and unanimously carried. The City ~anager then informed the Commission that Jack Carver on behalf of Mr. Yount, requested permission to extend the present water distribution line outside the City limits to include Lots in Lake Ida ~lanor Commissioner Snow moved that the request be denied. Motion vas seconded by Commissioner Barrow. Upon Call of Roll, Ma~or Yargates and Commissioners Strong, Snow and Barrow voted in favor thereof, Commissioner Cromer being opposed. City Attorney ~ohn H. Admns reported that Judge Byron. vas unable to remain at the meeting and had requested Att'y. Adams to submit to the Commission Judge Byron's recommenda- tion that the sentence of aalph Smith be suspended. Smith received forty days sentence and has served thirty days thereof, and has been assured by the union of an. im- mediate job if suspension of the remainder of the sentence could be granted. Judge Byron also stated that Police Chief Croft had also concurred in the recommendation for suspension in view of circumstances surrounding this case. Commissioner Strong moved that in view of family depend- ency and assurance of immediate employment, the remainder of the sentence be suspended. Motion was seconded by Commissioner Snow and unanimously carried, Meeting adjourned. /S/ ~. O. l/orthing "City Clerk APPa0VED: HAYOH' * The City Manager then read the report of the Planning Board relative to the request of Horgan F. Koyen for leasing a portion of City owned land in Model Land Co's. Lots 9 & 25, Sec. 21-46-43 for development of a Boatsman's Shop.