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11-26-56 NOVEMBEH 26th, 1956. A Regular Meeting of the City Commission was held in the'Com- mission 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 Commission Members being present - Catherine E. Strong, W. J. S~ow, Emory J. Barrow and Howard Lee Cromer. An opening orayer was delivered by Hev. James Hayes. Commissioner Strong moved for approval, as written, of Minutes for the November 13th, 15th and 20th Meetings. Motion was seconded by Commissioner Barrow and unanimously carried. Commissioner Barrow moved for approval of the amended "One Year Lease of Golf Club House and Facilities". Motion was seconded by Com- missioner 9nov and unanimously agreed upon. t- City Manager W. E. Lawson advised the Commission of having re- ceived the following BIDS for three (3) 1957 Model Police Cars, need for which is reflected in the current Budget: Adams Chevrolet Co., $5,686.00 Lot NET Hoyle Oldsmobile, Inc., 6,796.72 " Earl Wallace Ford, Inc., 5,389.00 " Commis~ioner Snow moved for acceptance of the low bid. Motion was seconded by Commissioner Cromer and unanimously carried. Mayor Yargates asked for discussion concerning current method of issuance of parking violation tickets. Mr. Phillip Stevenson, commenting on this matter with definite understanding off no criticism being directed against the Police De- partment,felt that, this being a tourist town, such tickets were possi- bly being issued too freely, further stating that in his opinion this City should follow the practice of other cities and towns in the use of "Courtesy" tickets. Commissioner Snow presented a sample of courtesy ticket used in the City of Ft. Lauderdale. Police Chief Croft stated that he was not in favor of courtesy tickets, which, in his opinion, appeared to reflect discrimination in their use. Commissioner Barrow mentioned that the City should not antici- pate a ~rofit from such function and that the administration of the parking meter project vas solely to control traffic and reasonable moving of same. Commissioner Cromer favored consideration on first violation and enforcement' thereafter. The Police Chief reminded the Comission that to serve courtes~ tickets, consideration for first offenders, and, a follow-up there- after with issuance of summons for "Repeaters", additional employees would be required by his department to handle the detail. The City Manager agreed to prepare a written report on the Pros and cons of this issue for submission to the Commission at the next regular meeting and the matter was tabled until said report is pre- sented. A general discussion followed concerning the appointment of Clerks and Inspectors for the General Election, to be held Tuesday December 4th, as well as the method of choice of same, and whether or not they were properly instructed, particularly as to the re- sponsibilities as well as their duties. The Commission, requesting information, was advised by the City Manager that, "On the day of any election it is unlawful for any person to distribute any political pamphlets, cards or liter- ature of any kind, or solicit votes, or approach any elector in an attempt to solicit votes within 100 yds of ANY Polling Place". NOVEHBER 26th, 1956, The Chief of Police assured the Commission that properly instructed officers would be at the Polls to insure maintaining peace and order at the Polls as well as ascertaining the enforce-. ment of rules and regulations in so far as their powers extend; and in view of this assurance, Commissioner Strong moved that th.e Following Clerks and Inspectors be appointed to serve at the ~ .,, Polling places indicated; Motion seconded by Commissioner Snow and unanimously carried. Precincts 26 & 28 Civic Center Building ~ 15 S. E. 4th Avenue O L E R K C. Co Turne, r ,,,, INSPECTOHS Mrs. Nina C,$prott Mrs .Blanch C.Lamb~ Mrs. I reno _T. Le-~age Miss Florence P. Cramp Precinct 27 ~ American Legion Post No.188 802 North West 2nd Street C L E R K Oo F° Youngblood INSPECTORS Alberta Palmer Natalie Bush L. L. Youngbloo~.. Lens Brunner City Manager Lawson presented a "Deviation application" of Mr. John Banting, concerning Lot 14, Block 1, Swinton Hts. S/D. Commissioner Barrow moved that said deviation request be .~ referred to the Planning Board for its recommendation. Motion seconded by Commissioner Strong and unanimously carried. Commissioner Barrow moved that the request of Soa-R Holding Company for Zoning Change of Lot 5, Anderson Block, be referred to the Planning/Zoning Board for consideration and recommendation. Motion seconded by Commissioner Strong and unanimously carried.. Mr. J. Heynolds Pierpoint addressed the Commission on behalf of Mrs. Margaret Walsmith, Mr. A. V. Pope and Mrs. J. Reynolds Pierpoint, seeking permission to pave Sandoway Lane, a strip o~.., land running easterly from Andrews Avenue for a distance of thr~e,, hundred (300) feet, said strip being on the South sid® of the North 100 feet of Ocean Beach Lot 3, and creating a passageway from Andrews Avenue to serve three interior lots in said north 100 feet of Ocean Beach Lot 3. Commissioner Snow moved that the City Manager and City Attorney check into this matter with Mr. Pierpoint in an attempt to provide a satisfactory solution inasmuch as the City has been unable, to date, to obtain dedication of the entire strip of land. Motion seconded by Commissioner Cromer and unanimously carried. The Commissionofurther requested the City Manager to consider the recommendation of the Planning Board concerning the paving of Sandoway Lane, as accepted by the Commission on July 9th, 1956. City Manager Lawson then read Ordinance No. 6-240, concerning Tropic Isle - 2nd Section: ORDINANCE NO. 6-240 AN ORDINANCE OF THE CITY COHHISSION OF THE CITY of DELRAY BEACH, PALH BEACH COUNTY, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE FOIJ~W- ING DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO TtIE CITY OF DELHAY BEACH, FLORIDA. SAID LANDS BEING AND CONSTITUTING THE RIGHT-OF-WAY OF U. S. NOVEMBER 26th, 1956. HIGHWAY NO. l, AS WEr~ AS THAT CERTAIN PROPOSED SUBDIVISION KNOWN AS ~TROPIC ISLE, SECOND SECTION", ACCORDING TO THE PLAT ~HEREOF RECORDED IN 17{E OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 24, PAGE 246, AND PROVIDING FOR THE ZONING AND TAX- ATION OF SAME. WHEREAS, the City Commission of the City of Delray Beach, Florida, has by Resolution No. 1029 determined that the herein- after described property is contiguous to the municipal boundary line:s of the City of Delray Beach, Palm Beach County, Florida, and WHEREAS, TROPIC ISLES LAND CO. INC., a Florida corporation, is .the sole fee simple title holder of the property described herein, except the right-of-way of Uo S. Highway No. 1 and said corporation has heretofore by its petition, consented and given permission for the annexation of said property by the ~ity of Delray Beach, and WHEREAS, the city of Delray Beach, Florida, has heretofore been authorized to annex lands in accordance with its charter gra~ted to it by the State of Florida: NOW, THEREFORE, BE IT ORDAINED BY THE 6ITY COMMISSION OF THE CITY OF DEI~{AY BEACH, FLORIDA, as follows: SECTION 1. That the City Commission of the City of Delray Beach~ Pal~"B~ach County, Florida, hereby annex to said City the following described tract or parcel of land located in Palm Beach County, Florida, which lies contiguous to saidlcity, 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 Intercoastal 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 of 115.24 feet; thence South 2° 16' 10" East, a distance of 27.06 feet; thence South 870 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 Bock 14, pages 9 and 10, public records of Palm Beach County, Florida; thence South 2° 47' 53" East along 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 paral- lel to and 1210.36 feet south of, measured at right angles, the south line of said Tropic Isle; thence East along said parallel inea distance of 1481.93 feet, more or less, to said Westerly ri&ht-of-way line of the Intercoastal Water- way; thence North 11° 4' 8" West along said right-of-way line a distance of 986.96 feet to an angle point in said right-of-way line; thence North 0° 36' O" East along said Right-of-way line a distance of 241.77 feet, more or less, to the point of beginning. NOVEI~EI~ 26th, 1956 The above described property includes a part of Lots 1, 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. SECTION 2. ~hat the boundaries of the City of Delray Beach, are hereby redefined so as to include therein the above described tract off land, and said lands are hereby declared to be in the corporate limits off the City of Delray Beach, Florida. SECTION 3. The property herein above described and here- in annexed to the City off Delray Beach, Florida, shall not be taxed For ad valorem taxes or any other type taxes on said land in ex-!: tess 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 years from the date of enactment of the ordi- nance. The same is resolved under the condition, however, that in the event any such lot is sold, transferred or otherwise disposed of by Tropic Isles Land Co. Inc. to persons other than stockhol&ers, offficers 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. SECTION 4. The property hereinabove described and herein annexed to the City of Delray Beach, Florida, is taken into said City under the following zoning regulations and conditions: (1) Residence 'R-IAA~ shall be applicable to Lots numbered One hundred Forty (140) to Two hundred Forty-four (244) both numbers inclusive. ~ - (2) Residence '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. (3) Residence "R-3" 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. (4) 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 difffer or devi- ate From the set back requirements under the zoning ordinances of the City of Delray Beach. (5) The water mains being installed in accordance with the aforesaid plans and speciffications For water distribution" system (but not the service connections to private property) shall become the property of the City off 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 off Delray Beach, Florida. (6) a. That the subdivider shall either itself annex or cause to be annexed, the reminder of the property indicated in the sketch attached to the Amendment to Petition For Annexation Filed with the City off Delray Beadh, Florida, by Tropical Isle Development Co. on the 9th day of July, A.D. 1956. Said annex- ation shall occur within three (3) years from the date of said Filing and such annexation shall be in keeping with representa- tions contained in and evolving from the underlying intent behind the Petition For Annexation and Amendment to Petition For Annex- ation executed by Tropical Isle Development Co., which annex- ation shall be in accordance with the general subdivision plat requirements of the City of Delray Beach, Florida. NOVI~4BER 26th, 1956, (6) b. 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. Do 1956. SECTION 5o That, if any word, phrase, clause, sentence or part of this' Ordinance shall be declared illegal by a court of competent jurisdicti~n, such record of illegality shall in no way affect the remaining portion. This Ordinance was placed on first reading by the City Com- mission at a special meeting held on the 22nd day of October, A.Do 1956, and said City Commission will sit in the Commission Chambers at the City Hall on the 12th day of November A.D. 1956,. at,~:30 P.M. at'which time the above Ordinance will be read in full, and all.persons interested shall be given an opportunity to be heard. PASSED in regular session on the second and final reading on this the 26th day of November A.R. 1956. /S/ Mike Yar~ates Mayor (S~L) ATTEST: .... /S/ R. D. Worthing City Cie rk 1st reading 10~22~56 2nd reading 11/26/56 Coennissioner Snow moved that Ordinance 6-240 be Passed and Adopted on this, the second and Final reading. Motion was.seconded by Commissioner Barrow and unanimously agreed upon. The City Manager then read Ordinance No. G-241. ORDINANCE 6-241. AN ORDINANCE OF THE CITY COMMISSION OF THE . CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSHENT ROLL '~ SUBMITTED BY THE CITY HANAGEH OF SAID CITY, . CONCERNING THE CONSTRUCTION OF A SIDEWALK, FIVE (5) FEET IN WIDTH, ON THE EAST SIDE OF SOUTH SWINTON AVENUE BETWEEN SOUTHEAST FOURTH (4th) and TENTH (10th) STREETS. WHEHEAS, the City Manager of the City of Delray Beach, Florida, has, in pursuance to the Charter of said City, submitted to the City Commission for approval, a report of the cost, and the assessment roll for the construction of a sidewalk, Five (5) feet in width, en the East side of South Swinton Avenue between Southeast Fourth (4th) and Tenth (10th) Streets, and WHEREAS, said report and assessment roll were approved by the City Commission in regular session on the 22nd day of October, A.D. 1956, and NOVEHBER 26th, 1956. WHEREAS, due notice concerning said assessment roll was given by advertisement by the City Clerk~ in accordance with the City Charter of said City, for the purpose of hearing objections to.said Assessment roll, and WHEHFAS, no sufficient objections were received to the confir- mation off the assessment roll, NOW, THEREFORE, BE IT ORDAINED by the City Comission of the City off Dolt ay Beach, Florida, as Follows: SECTION I. The assessments, as shown by said assessment roll which is annexed hereto and made a part hereof are hereby lev~ed against the property sho~n and in amounts sho~n on said assessment roll, said assessments to be paid in three (3) equal annual~in- stallments, together with interest at the rate of eight (8).per cent per annum, the First installment becoming due and payable on November 26th, 1956, and on the 26th day of November for the next ensuing two (2) years; and said special assessment, so levied shall be a lien from the date the assessment becomes effective, upon the respective lots and parcels of land described in said assessment roll, of the same nature and to the same extent as the lien For general taxes, and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as City Taxes are collectible. PASSED in Regular Session on second and final reading on this the 26th day of November A.D., 1956. /S/ Hike Yar~ates .... MAYOR (SS tL) ATTEST: City Clerk First Reading - - - November 13, 1956 Second Reading - - Novembe~ 26, 1956 ... PASSED & ADOPTED - November 26, 1956. ASSESSHENT ROLL Construction of a Sidewalk, five (5) feet in width, on the East side off South Swinton Avenue between Southeast 4th & lOth ~treets. Front Front Ft.Total TOTAL DESCRIPTION OF PROPERTY OWNER Footage Cost Cost. ASSE~SM~T That part of Hodel Land Co~s Lot 1, Blk 1, S/D of Sec. 21-46-43, which lies West of a line parallel with & 50' distant W'ly from center line of Main Track of F.E.C.Ry., said tract being described in accord with Model Land Co. Plat of S/D. of W½ of Section 21-46-43, LESS the followinl three (3) parcels of land therein; also less existing R/~s. NOVEHB~ 26th, 1956. Front Front Ft. Total TOTAL DESCRIPTION OF PROPERTY 0~NE~ FOOTAGE COST COST ASSESSHENT (a) Begin at a point on the S R/W line of SE 4th Street which point is 40' West of W'ly Bdry Line of FEC Ry.,measured along said S line of SE 4th Street; thence W'ly along S R/~ line of SE 4th Street a distance of 165'; thence S'ly parallel to Swinton Ave. a distance of 140' to a point; thence E'ly & parallel to SE 4th Street to a point lying 40' west of the W line of FEC Ry; thence North E'ly in straight line parallel to ~ R/W line of FEC Ry., to point of beginning: (b) S 75' of N 200' of W 164' thereof: (c) S 75' of N 275' of W 164' thereof: T. H. & Effie 0'Neal 486.64 ~2.035 ~990.31 ~495.15 The S 75' of N 200' of W 164' LESS W 33' thereof, of Tract of Land described above: Hary Cathryn Suddeth 75 ~ 152.62 76.31 The S 75' of N 275' of W 164' LESS W 33' thereof, of Tract of Land described above: Mary Louise Travelstead 75 ~ 152.62 76.31 Lot 1, Anderson Block, PI.Bk.22-45 R.D. & B.P. Worthing 80.85 ~ 164.53 82.27 Lot 2, Anderson Block, PI.Bk.22-45 J.G. & Judy B.Inman 75 " 152.62 76.31 Lot 3, Anderson Block PI.Bk.22-45 Nell W. Brazier 75 ~ 152.62 76.31 Lot 4, Anderson Block, PI.Bk.22-45 F.G. & G.L.Rawling 75 n 152.62 76.31 The S~ of Lot 2 and ALL of Lot 3, Block 1, Hodel Land Co's S/D of W~ of Sec.21-46-43 as in P1.Bk. 1-128, LESS SE 7th Street 50' ~/~; also less any existing R/Ws. Annie H. Rice 942.56 " 1,918.11 959.06 Lot 4, Block 1, of Hodel Land Co's S/D of the W~ of Sec. 21-46-43, in Pi.Bk. 1-128 LESS S 25' thereof: City of Delray Beach 636.65 " 1,295.61 647.80 2521.70 $5,131.66 $2,565.83 NOVEHBER 26th, 1956 Survey (Elliott Gross) $ 283.50 Bids 2,45 Res, No. 1021 26.41 Contract 4,805.00 Assessment Roll (Est.) ...... 14.30 ~5,131.66 Property Owners 2,565.83 City's Share ** TOTAL COST to be Shared between Property Owners shown above and the City of Delray Beach on a 50-50 basis per Resolution No. 1021 PASSED & ADOPTED by the City Commission on the 13th day of August, A.D., 1956. Commissioner Cromer moved that Ordinance 0-241 be Passed & Adopted on 2nd and final reading this 26th day of November, 1956. Motion was seconded by Commissioner Snow and unanimously carried. City Manager Lawson read EMERGENCY Ordinance 6-242. EMERGENCY ORDINANCE NO. 0-242 EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 13, ITEM 9, OF ZONING ORDINANCE NO. G-234, PERTAINING TO SETBACK REQUIREMENTS · WITHIN THE CITY OF DEI~AY BEACH, FLORIDA. '~ WHEREAS, Atlantic Avenue in the City of Delray Beach has become and is now one of the main thoroughfares of said munici- pality, and by reason of the buildings and businesses erected and operating upon said avenue, the character of said street has become and is now a shopping center, and WHEREAS, at the time the comprehensive zining ordinance of the City off Delray Beach, Florida, No. G-234, was passed, the setback line building requriements on Atlantic Avenue "~ ' between Swinton Avenue to the east and West Eighth Avenue to ~ the west were inadvertently relaxed, and WHEREAS, a zoning setback change pertaining to this area. is deemed to be in the best interests and the general welfare of the public, and ' ~' WHEREAS, it is deemed an emergency exists in the City of Delray Beach, Florida, in that a zoning setback change is imperative within said land area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLOHIDA, AS FOLLOWS: Section 1: That Section 13, Item 9 of the Zoning Ordinance of the city of Delray Beach, Florida, No. 6-234, is hereby amended to read as follows: '(a) Setback lines shall be established on both sides of West Atlantic Avenue 75 feet from the center line thereof, from West Eighth Avenue to the City Limits, and no structures shall be erected, altered or reconstructed within the area between such setback lines. NOVEHBEH 26th, 1956, (b) Setback lines shall be established on both sides of West Atlantic Avenue 53 feet from the center line thereof, from Swinton Avenue to West Eighth Avenue, and no structures shall be erected, altered or reconstructed within the area between such setback lines.~ Section 2: This is an emergency ordinance and shall take effect ~on it'~ passage on first and Final reading. Passed unanimously in Regular Session on first and Final reading on this the 26th day of November, 1956. Hike Yargates Hayor (StoL) ATTEST: /S/ R.D. Worthins City Clerk Commissioner Snow moved that Emergency Ordinance 6-242 be Passed and Adopted on this, the first and final reading, lotion was seconded by Commissioner Barrow and unanimously carried. Commissioner Snow recommended that the City attempt to on- .courage the Seabol~d Airline H. H., to place crossing gates on W. Atlantic Avmaue and the City Hanager was instructed to contact the Railroad concerning this need. Commissioner Snow reminded the Commission that some provision should be made, before through traffic on West Atlantic Avenue becomes greater than it is at present, due to Turnpik® opening, for a Pick-up and Discharge Station of Farm Help and other labor- ers which should be located in the general area of West 6th or 7th Avenues, and the City Hanager was requested to provide a solution For this problem. City Hanager Lawson presented the ~Application~ for Zoning Change as submitted by Hr. William Wheatley, concerning the South 100 ft. of the West 275 ft. of Ocean Beach Lot 28. Commissioner Barrow moved that said application be referred to the Planning/Zoning Board For its study and recommendation. Hotion seconded by Commissioner Snow and unanimously carried. The City Hanager presented the ~Report" of the Planning Board, concerning the tentative Plat of Lake Ida Shores (Hr. Blits pro- 0osed S/D.) Commissioner Barrow moved for approval of the Plat as recom- mended by the Planning Board, which recommendation, dated November llth, 1956, is as follows; "The Board unanimously recommends pre- liminary approval of this plat, and that the City complete negoti~ ations with Hr. Blits for annexation of the S/D, with the follow- ing additional provisions- (a) area drainage to be approved by the City Engineer; (b) sewage disposal to be in accordance with State & County Board of Health requirements; (c) satisfactory assurance to the city that the developers will build and finish-pave all streets shown, with streets named or numbered, and with street signs at all intersections; (d) Final plats to be returned for recommendation of final approval by the Planning Board; NOVEHBEH 26th, 1956 (e) prints of the final plat be Filed with the City, showing water lines, fire hydrants, power poles, street lights (if and), invert elevations of storm sewers and sanitary sewers (if any). Hotion was seconded by Commissioner Cromer and unanimously carried. Commissioner Strong questioned the reasonableness of a City Attorney*s FEE for services rendered in preparation of Annexation~ agreements. The remaining Commission Hembers felt that such Fees were in order, as submitted heretofore, particularly with regard to Tropic Isle S/D. Annexations, which, in part, are subject to the Debt Levy. Commissioner Barrow moved that the City Attorney proceed with the necessary detail in the D~eparation of Annexation instruments relating to Lake Ida Shores $/D. Motion was seconded by Commissioner Cromer and upon Call of Holl - Hayor Yargates and Commissioners Snow, Barrow and Cromer voted in favor thereof, Commissioner Strong being opposed. Commissioner Barrow moved that the Setback Deviation ReqUest of Hr. A. A. Simon, RE Lot 19, Block 71, be granted as unanimously recommended by the Planning Board (Report of November 26th). Motion was seconded by Commissioner Snow and unanimously agreed upon. The Planning Board's REPORT, referred to above, f~wther ad- vised the City Commission that the "Zoning Change" application off Mr. Robert ¥. Cameron, concerning Lots 1 thru 7, Block 3, South- ridge S/D, will be processed after December 1st. Commissioner Snow moved that Bills For Approval, as submitted by the City Manager in the amount of $33,400.25, be paid subject 'to the approval of the finance committee. Motion was seconded by Com- missioner Barrow and unanimously agreed upon. Commissioner Snow moved for approval and payment of the Bill from W.D.B.F., in the amount of $156.00 for Election Advertising, from Unappropriated Surplus. Hotion was seconded by Commissioner' Barrow and unanimously carried. The City Manager presented two (2) Bills covering FEES'of the City Attorney in connection with the preparation of Annexation Pe- titions and Ordinances, namely $50.00 for an Andrews Avenue improve- ment agreement, and $750.00 relative t~ Tropic Isle S/D -Second Section. Commissioner Barrow moved that said Bills be paid From Un-' approPriated Surplus. Motion was seconded by Commissioner SnOw and upon Call of Roll - Hayor Yargates and Commissioners Sno~,~' Barrow and Cromer were in favor thereof, Commissioner StrOng being opposed, Commissioner Cromer moved that the request of Mr, W. S," Spruill for permission to construct a dock, supported on piling,'' at the end of a public dedicated right-of-way, be denied on general Principles. Motion was seconded by Commissioner Snow and unanimOusly carried. City ~anager Lawson presented three (3) Applications for'Beer or Beer/~ine Licenses - Ruth & Everett Perkins - Home Food Shop (Retail Store) 522 E. Atlantic Ave., . Beer & Wine - Consumption OFF the premises. Ruby*s Hestaurant 505 W. Atlantic Ave., Beer & Wine - Consumption on the premises. Charles Callender 1337 N.W. Atlantic Ave. Beer ONLY - Consumption on the premises. Commissioner Sa-trow moved that the above three (3) Applications be approved subject to the usual rules and regulations pertaining to investigation. Hotion was seconded by Commissioner Snow and upon call of Roll - Mayor Yargates, and Commissioners Snow, Barr~ and NOVEHBER 26th, 1956 Cromer voted in Favor thereof, Commissioner Stron~ bein~ opr)osed. Commissioner Cromer moved that the Bill of Attorney Oe®r~e H. Henry, in the amount of $90.50, representin~ costs of appeal taxed against the City off Del~ay Beach by the order of Judge Ho 0. Horrow in the suit of the City of Delray Beach vs Arvilla 0'Toole, be paid From Unappropriated Surplus. 9orion was seconded by Commissioner Barrow and unanimously agreed upon. Hr. Harold E. Constant info,ned the Co~mission that he is a local Taxpayer and p~otested the phraseology of the item appearing on the Primary Ballot concernin~ an opinion vote as to the public desire as to whether the City should purchase additional Beach Frontage, particularly as to the identity off the 200 Feet be[n~ UnincorDo~ated a~ea, and Further cited an opinion rendered on-Febru- aPy 1st, 1956, by Judge ~orro~, concerning this parcel off land. Co~lssioner Cro~er ~ved t~t the City Atto~ey investigate this matte~ as to legality as ~ell as to detePmine iff said parcel of land lies ~ithin or ~lthout an incorporated seconded by Co~iSsioner Ba~ro~ and upon Call of ~oll YaP~ates and Co~issioners Cromer, Ba~ro~ and Sno~ ~ere in favov thereof, Co~issioner Strong abstaining. City Hanager W. E. La~son informed the Co~ission of having received the ~esi~nation of Charles H. Chevalier, Supt. of hblic ~orks, effffectlve Nov~ber 30th, 1956. Hayo~ Ya~ates suggested this infformation be liven to the P~esS. ~eetin~ adjou~ed. /S/. lt. D.... Worthln~ City Clerk APPROVED: I~YOR