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10-22-56
OCTOBEH 22nd, 1956. A Regular Meeting oi' the City Commission was held in the Commission Chambers at 7:30 P.M., with Mayor Mike Yargates in the Chair, City Manager W. E. Lawson, Jr., City Attorney John H. Adams and the following Co~m~ission Members being present - Catherine E. Strong, W. J. Snow, Emory J. Barrow and Howard Lee Cromer constituting the full Commission. Att,y Neil MacMillan delivered the opening prayer. Commissioner Cromer moved that the Minutes oI' the October 8th and 16th meetings be approved as written. Motion was seconded by Commissioner Strong and unanimously carriea. City Manager Lawson then reviewed the requests for rental of '"Off Street Parking" spaces and recommended that no more than half of the available parking spaces in the "Lots" be let out on a rental basis. Following a general discussion on this issue as to the most desirable procedure with an ultimate minimum of bookkeeping and office detail, Commissioner Barrow moved that a FEE of $25.00 per year be established, and a Rentor of a parking space be entitled to the use of any one space in any of the three Municipal Parking Lots, and, further, that payment or such fee be indicated by a Sticker to be placed on the windshield of the vehicle. Motion was seconded by Commissioner Cromer and upon Call of Roll, Mayor Yargates and Commissioners Barrow, Cromer and Strong voted in favor thereof, Commissioner Snow being opposed. The City Manager then read the Assessment Roll covering Construc- tionCosts of the Sidewalk or the East Side of South Swinton Avenue between 4th and 10th Streets, reflecting the total cost thereof to be shared on a 50-50 basis between the City and the abutting property owners as per Resolution No. 1021 passed and adopted by the City Commission on the 13th day of August, A. D. 1956. Commissioner Strong moved that the assessment roll covering said Sidewalk Construction Costs be approved as read. Motion was seconded by Commissioner Snow and unanimously carried. Att,y Neil MacMillan, representing Pitts' Car Hentals, Inc., Hertz Drive-Ur-Self Service, Nichols U-Drive-It and Adams-Sanderson U-Drive-It, requested the Commission to consider enacting an Ordinance, similar to the Taxi-Cab Ordinance, controlling the licensing of Car Hental Activities and requiring approved evidence of a "Certificate of Necessity" prior to granting issuance of a License for additional Rental Cars. Commissioner Snow moved that this item be tabled until next regular meeting to permit study of the issue and investigation by the City Manager of such control, if any, now exercised in Ft. Lauderdale and other neighboring cities. City Manager W. E. Lawson then presented the Commission with the proposal of Carter & Kern accompanied by a check in the amount of $3950.. representing earnest money for 10% of purchase offer relative to City owned land described as follows - Lot 14, Section "A" of Palm Beach Shore Acres. Commissioner Cromer read the following excerpt from an "Agreement'" created at a Special Meeting of the City Commission held on July 2nd, 1956 and signed by Ail of the Commission Members and representa- rives of the Negro section - "The City Commission in said city shall take immediate steps to sell the property in the City of Ocean Ridge, Fla., and shall make the proceeds I'rom the sale available for use as it may hereinafter recommend," and moved for immediate advertising and sale of the land described above and herein, as agreed in the "Agreement" mern~ioned in the preceding and quoted "excerpt". Motion not seconded. Commissioner Snow expressed a desire for additional time to give this very important matter further serious study and was Joined in this expression by Commissioner Barrow. OCTOBER 22nd, 1956. Commissioner Strong expressed considerable surprise con- cerni~ng the submission of said check, and, further, did not favor advertising any intended sale of said property at this time, but rather that the matter be referred to the Beach Committee for their study and recommendation. The Commissioner further requested that the check be returned to Carter & Kern this evening. Commissioner Cromer concurred that the handling of the check is entirely out of order and therefore should be immediately returned. Commissioner Snow then moved that this check for $3950. be returned to Carter & Kern and that the Commission refer this matter to the Beach Committee for its study and recommendation. Motion was seconded by Commissioner Strong and upon Call of Roll - Mayor Yargates and Commissioners Snow, Strong and Barrow. voted in favor thereof, Commissioner Cromer being opposed. Mr. Harold E. Constant, spokesman for the residents of Ocean Ridge, stated they were greatly disturbed over the possible usage of this tract of land in Palm Beach Shore Acres and referred to the Ten Commandments and teachings of Christ; also the Golden Rule and appealed to the Commission for a Christian consideration for the people of Ocean Ridge. The City Manager then informed the Commission of having requested Bids for a 1957 1/2 ton pick-up truck in response to which Chevrolet bid upon a 1957, Earl Wallace Ford bid upon a 1956 not yet being able to bid on a '57 and DeMarco Tractor & Equipment declining to bid at this time as the '57 prices had not as yet been made available to the dealers. The Commission agreed to reject all bids and re-advertise at a later date when all dealers are able to bid on a 1957 Model. Commissioner Barrow moved that the application of Mr. Hallberg for re-zoning a porpion of Wheatley,s subdivision be referred to the Planning/Zoning Board for its recommendation. Motion was seconded by Commissioner Cromer and unanimously carried. City Manager Lawson then read Resolution No. 1029- HESOLUTION NO. 1029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA WHEREAS, TROPIC ISLES LAND C0~ INC. did, on the 8th day of October, A.D. 1956, file its Petition for Annexation by the City of Delray Beach involving certain lands therein described; and WHEREAS, TROPIC ISLES LAND CO. INC. is the fee simple title holder of the following described property located in Palm Beach County, Florida, more particularly described as follows, to-wit:- A parcel of land lying in Section 28, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the intersection of the south line of Tropic Isle according to the plat thereof recorded in Plat Book 24, page 235, public records of Palm Beach County, Florida, with the Westerly right-of-way line of the Intracoastal Waterway (for convenience, said South line of Tropic Isle is assumed to bear East and West and all bearings are relative thereto); thence West along said South line a distance of 1229.27 feet; thence South a distance of 25 feet; thence South 75° 24' 15" West a distance o£ 115.24 feet; thence South 2° 16' 10" East a distance of 27.06 feet; thence South 87° 43' 50" West a distance of 174.67 feet, thence North 2° 47' 53" West a distance of 8.15 feet; thence South 87° 12, 7" West a distance of 140 feet, more or less, to the East line of Del-Raton Park according to the plat thereof recorded in Plat Book 14, OCTOBER 22nd, 1956. pages 9 and 10, public records of Palm Beach County, Florida; thence South 2° 47' 53" East al~ongi said East line of Del-Raton Park a distance of 1124.66 feet; thence South 89° 55' 40" East a distance of 304.63 feet, more or less, to a point~ in a line parallel to and 1210.36 feet South of, measured at right angles, the south line of said Tropic Isle; thence East along said parallel line a distance of 1481.93 feet, more or less, to said Westerly right-of-way line of the Intracoastal_Waterway; thence North llo 4' 8" West along said right of-way ltne a distance of 986.96 feet'~to ~an ~angle point in said right- of-way line; thence North 0° 36' 0" East along said right-of-way line a distance of 241~77 feet, more or less, to the point of beginning. The above described property includes a part of Lots l, 2, 3, 4, 5, 6, 7 and 8 of the plat recorded in Plat Book 2, Page 69, public records of Palm Beach County, Florida. and WHEREAS, it is determined by the City Council of the City of Delray Beach, Florida, that the inclusion of said premises with- in the corporate boundaries of the City of Delray Beach, Florida, under the conditions set out in the Petition for Annexation is for the best interests of said city; and WHEREAS, said lands are determined to be contiguous to the present municipal boundary lines of the City of Delray Beach, Palm Beach County, Florida, as contemplated and defined in the laws in such cases made and provided; and WHEREAS, TROPIC ISLES LAND CO. INC. has presented to this Council, a plat of said premises proposed to be filed of record, entitled "Tropic Isle, Second Section" and said corporation has presented plans for the development of the prooerty there involved, which plat and plans have been prepared by Brockway, Weber & Brockway, Engineers of West Palm Beach, Florida, 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 ~HEREAS, TROPIC ISLE LAND CO. INC. has entered into a contract and is in the process of installing the water mains, fire hydrants, storm sewers and streets within said proposed plat in accordance with the plans and specifications on file with the Engineers, Brockway, Weber & Brockway, which contract and installation is in accordance with the subdivision requirements of the City of Delray Beach, Florida. NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH:- 1. That the aforesaid plat and plans for the subdivision and development of the aforesaid property be and they are hereby ratified and approved. 2. That the City boundaries shall be extended by ordinance as provided by law to include said prOperty and that' such ordinance shall include and contain the following provisions: (a) Said territory shall be annexed under the following zoning regulations and conditions: (1) Residence "R-1AA" shall be applicable to Lots numbered One Hundred Forty (140) to Two Hundred Forty-four (244) both numbers inclusive. (2) Hesidence "R-2" district shall be applicable to Lots numbered One Hundred Thirty (130) to One Hundred Thirty-nine (139) inclusive, which properties may be used for duplex or two family residences. 196 OCTOBER 22nd, 1956. (3) Hesidence "H-3F shall be applicable to Lots numbered One Hundred Twenty (120) to One Hundred Twenty-nine (129) inclusive, which properties may be used for duplex or two family residences, as well as multi-family dwellings. (b) Due to the large amount of expenditures by Tropic Isle Land Co. Inc. necessary to make said property inhabitable, the City of Delray Beach shall not levy, assess, charge or collect advalorem taxes or any other tyoe taxes on said land in excess of an annual tax of $10.00 per residential, duplex or multi family lot as shown on the plat of Tropic Isle Second Section, for the term of ten (10) years from the date Of enactment of the ordinance. The same is resolved under the condition, however, that in the event any such lot is sold, transferred or otherwise disposed of by Tropic Isle Land Co. Inc. to persons other than stockholders~ officers or directors, or in the event any building is constructed on any of the said lots, then such lots sold or built upon may be taxed in addition to the limitations above enumerated. (c) That the set back requirements of said property shall be, during the term of the reservations and restrictive covenants of record in accordance therewith, in accordance with Paragraph 4 thereof. Although in some instances, the same may differ or deviate from the set back requirements under the zoning ordinances of the City of Delray Beach. 3. The Water mains being installed in accordance with the aforesaid plans and specifications for water distribution system (but not the service connections to private property) shall become the property of the City of Delray Beach, Florida, and the said city shall furnish water to the inhabitants of said property at the same rates charged to the water consumers in the City of Delray Beach, Florida. 4. The Mayor, City Clerk and City Engineer have heretofore been authorized and directed to evidence the approval of the Plat of Tropic Isle Second Section as has heretofore been presented and the execution of said plat is hereby ratified and affirmed, SUBJECT to the conditions as contained in this resolution. 5. That the City of Delray Beach, Florida, shall request the Legislature of the State of Florida at its regular session in 1957 to validate by special act, the ordinance referred to in Section 2 hereof and all provisions thereof. 6. (a) It is agreed between the subdivider and the City of Delray Beach, Florida, that the subdivider shall either itself annex or cause to be annexed, the remainder of the property indicated in the sketch attached to the Amendment to Petition for Annexation" filed with the City of Delray Beach, Florida, by Tropical Isle Development Co. on the 9th day of July, A.D. 1956. Said annexation shall occur within three (3) years from the date of said filing and such annexation shall be in keeping with representations contained in and evolving from the underlying intent behind the Petition for Annexation and Amendment to Petition for Annexation executed by Tropical Isle Development Co., which annexation shall be in accordance with the general subdivision plat requirements of the City of Delray Beach, Florida. (b) It is further agreed that the City of Delray Beach, Florida, shall pay to Tropical Isle Development Co. 100% of the water revenue derived by the City of Delray Beach from the lands shown on Tropic Isle Second Section in accordance with and under the limitations provided in the "Petition for Annexation" by the City of Delray Beach, Florida, submitted by Tropical Isle Development Co. as amended and filed with said city on the 9th day of July, A.D. 1956. OCTOBER 22nd, 1956. 7. That the reservations and restrictions set forth in Tropic Isle Land Co. Inc. "Petition for Annexation by the City of Delray Beach, FlOrida'' which is marked Exhibit F in said petition is hereby ratified, approved and affirmed. Passed in regular Session this the 22nd day of October, A.D.~ 1956. SEAL By:.. /s/ Mi~e Yar~ates. _ , Mayor ATTEST: By: R. D. WorthtnE /s/ 'City Clerk Commissioner Cromer then moved that Resolution No. 1029 be adopted. Motion was seconded by Cormuissioner Barrow. Upon Call of Holl, Mayor Yargates and Commissioners Cromer, Barrow and Snow voted in favor thereof, Co~muissioner Strong being opposed, at this time, due to having been contacted concerning the legality of Tropic Isle Subdivision Annexation, and desiring an opinion from the Attorney General's office relative thereto. Commissioner Strong further stated, however, that she was much in favor of Tropic Isle Subdivisions annexations if pro- cedures, pertaining thereto, were determined to be legal and in order. The City Attorney agreed to request such an opinion from the office of the Attorney General relative to the legality of Tropic Isle subdivisions annexations. The City Manager then read Ordinance No. 240. ORDINANCE NO. 240. AN OHDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANN~XI'~G TO THE CITY OF DELRAY B~ACH T~ FOLLOWING DESCRIBED THACT 0H PAHCEL OF LAND LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THE CiTY OF DELRA¥ BEACH etc KN0!~N AS "TROPIC ISLE, ~D SECTION" PER PLAT 24, PAGE 235. Commissioner Cromer moved that Ordinance No. 240 be placed on first reading. Motion was seconded by Commissioner Snow and upon Call of Roll, Mayor Yargates and Commissioners Cromer, Snow and Barrow voted in favor thereof, Commissioner Strong being opposed. Resolution No. 1028, pertaining to increased facilities at the Port of Palm Beach, was tabled, at the last regular meeting, for further study. ~Inasmuch as the City of Delray Beach is not located within the Port of Palm Beach District, Commissioner Barrow moved that no action be taken on said Resolution. Motion was seconded by Commissioner Strong and upon Call of Holl - Mayor '~argates and Commissioners Barrow, Strong and Snow voted in favor thereof, Commissioner Cromer being opposed. City ~nager Lawson then presented the report of Bills for Aoproval, explaining that various sums, totaling an appreciative portion thereof, represented transfers from one fund to another. Commissioner Snow then moved that the Bills in the amount of $101,033.26 be paid subject to the approval of t he Finance Committee. Motion was ~econded by Commissioner Barrow and unanimously carried.. OCTOBER 22nd, 1956 The City Manager then read Resolution No. 1030. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA~ BEACH, FLORIDA, HEQUIRING PLANS, SPEC- IFICATIONS AND ESTIMATE OF COST TO CLEA~, GRADE AND FAVE NOHTH-EAST SECOND AND SOUTH-EAST SECOND STHEETS FROM SWINTON AVENUE TO ~-EAST FIFTH AVh~UE. WHEREAS the City Commission of the City of Delray Beach, Florida,, may deem it to be necessary for the safety and con- venience of the public to clear, grade and pave that part of north-east second and south-east second streets lying between Swinton Avenue and ' '..East Fifth Avenue with Bituminous- concrete to a width of forth (4©) feet, the City of Delray Beach, Palm Beach County, Florida, to share the cost of such improvement with the owners of lands abutting thereon;i NOW, THEH~0~E, BE IT RESOLVED by the City Commission of the City of Delray Beach, Palm Beach, Florida, as follows; SEC. TIQN. 1. That the City Manager be required to submit plans, speci~'ications and an estimate of the cost of such improvement to be made, and that the same be placed on l'ile in the office of the City Manager. PASSED AND ADOPTED by the City Commission of the City of Delray Beach, Florida, on this the twenty-second day of October , A. D. 1956. SEAL /s/ M. ike Ya.r~ates MAYOR ATTEST: /s/ R. D. Worthing City Clerk Commissioner Cromer moved that Resolution No. 1030 be adopted, Motion was seconded by Commissioner Barrow and unanimously carried. City Manager Lawson presented the applications of Willie Bridgett for sale of Beer (only) on the premises at Johnson,s Restaurant, 601 W. Atlantic, also Frances Pi Wenderoth & William H. Mantle for Liquor ltcm se at 312 So. Federal Highway - "Continental" - previously known as Chalet Swiss. Commissioner Barrow moved that the above application requests be granted. Motion was seconded by Commissioner Snow and upon Call of Holl, Mayor Yargates and Commissioners Barrow, Snow and Cromer voted in favor thereof, Commissioner Strong being apposed. Commissioner Strong moved for approval and payment of Bill sub- mitted by Att,y John Moore, in the amount of $276.25, for legal ser- vices rendered in connection with the preparation of a special bill for legislative action. Motion was seconded by Commissioner Barrow and unanimously carried. Building Inspector Ralph Hughson submitted a photograph of the 52 unit addition to the Sea Gate Apartments on South Ocean Blvd., proposed to be constructed. Commissioner Snow moved for approval of the plan submitted. Motion was seconded by Commissioner Barrow and unanimously carried. The City Manager presented the "Report" from t he Planning~ Board: 1. Rio Del Re~ Shores Plat This area is presently zoned C-2 for approximately 150 ~" east of the Federal Highway thence R-1AA to the Canal. The Planning Board letter of July 8th, 1956 noted among other things that: (a) Many of the Residential lots were under the 9500 sq. ft. .required for R-1AA. OCTOBER 22nd, 1956 (b) The cit2 H/W first south of SE 7th Street should not vacated for use as a lot because there is a watermain beneath it. (c) The city not vacate any part of the 25' H/W (SE 10th Street) at the south end of the development. There appearS to have been little or no change in the proposed plat in these respects, and the Board recommends that the provisions oI° its letter dated July 8th be complied with. 2. Tropic Isle S/D #2 Pursuant to city instructions, the Boax~d approved the plat, and established zoning in accordance with the request: R-1AA lots #140 - 2J$;~ Incl., R-2 " 130 - 139 " R-3 " 120 - 129 " 3. Reappoiptment of Col. Andrew Fabens is recommended and requested, his term on the Plann'i~g ~oard having been completed Sept. ~8,'56. 4. The Resisnation of Mr. William C. Burton from the Planning Board is forwarde'd ~erewith. The Board will be sorry to lose his very valuable services and association, but recommends, if the Commission accepts it, that Mr. Stuart Lankton be appointed to I'ill out the remaining year of Mr. Burton,s original four- year term. Item 1 oI' the Planning Board "Report" - - - Rio Del Rey Sho~'es, Commissioner Barrow moved that this plat be returned to the Planning Board for approval or diaapproval of the Lot Area. ~otion was seconded by Commissioner Strong and upon Call of Holl, Mayor Yargate~ and Commissioners Barrow, Strong and Snow voted in favor thereof, Commissioner Cromer being opposed. Item 2 - Tropic Isle S/D #2, The Commission accepted the approved and established Zoning thereof as incorporated in the Board's "Report". Item 3 - Planning Board Membership of Col. Andrew Fabens Commissioner Strong moved that Col. Andrew Fabens be reappointed to serve on the Planning Board. Motion was seconded by Commissioner Snow and unanimously carried. Item 4 - R~signation of ~. W. C. Burton, Commissioner Snow moved for acceptance of the resignation with extreme reluctance, that a letter of appreciation for services well done be forwarded to Mr. Burton, and that Mr. Stuart Lankton be appointed, as requested by the Planning Board, to serve on the Planning Board for the unexpired term of Mr. Burton, said term to expire Sept. 28th, 1957. Motion was seconded by Commissioner Cromer and unanimously carried. Mrs. Ruth Maloy appeared before the Commission complaning about her husband,s arrest, and seeking reimbursement of escheated bond. City Attorney Adams advised Mrs. Maloy that the Commission had no Jurisdiction over such matters and recommended she seek legal advise. Mayor Yargates, concurring with the City Attorney that the Commission had no authority to act in such matters, advised ~rs. Maloy that he would aid her in obtaining the proper information she appeared to be seeking, an~ further, in any manner possible. Mr. Blits again appeared before the Commission relative to h~s desire for the annexation of Lake Ida Shores and was further concerned with being informed of the city,s requirement concerning water distribution layout in the S/D. Co~muissioner Strong felt that inasmuch as several changes had taken place since Mr. Blits last visited the Commission relative to annexation of this area, both in character of part of the area as well as the city requirements pertaining to water distribution lay-out, the matter should be referred to the Planning-Zoning Board for study and recommendation on the current Plan for OCTOBER 22nd, 1956 development as submitted by Mr. Blits, to which the Commission agreed. The City Manager then read a letter from Congressman Paul G. Rogers, requesting the presence of the City Commission at a Tea to be held at the Country Club on Wednesday afternoon at 3:30 P.M. for the purpose of meeting and honoring the Hon. George Smathers, United State Senator, and the Hon. Paul G. Rogers, Congressman. City Manager Lawson then informed the Commission of the Bids received for a Harley-Davidson Motorcycle budgeted for the Police Department; Harley-Davidson of West Palm Beach $2,013.~65 Billy Temple Harley-Davidson Motorcycle Co., of Miami 2,099.50 Co~;~;iissioner Cromer moved that contract be awarded to Harley- Davidson of West Palm Beach, for said vehicle. Motion was seconded by Commissioner Snow and unanimously carried. Meeting adjourned. /s/ R. D. Worthing City CIe'r~" APPROVED: