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01-20-54SpMtg JANUARY 20, 1954 A Special Meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 5:00 P.M. with Mayor Catherine E. Strong in the Chair, City Manager Robert Lovelace, City Attorney Nail MacMillan, and the following Council members present: Mrs. Alma K. Woehle, Glenn B. Sundy, and W. Cottingham Allen, a quorum being present. The meeting was held for the purpose of further considera- tion of the proposed purchase of additional beach property. Mayor Strong announced that Councilman Holland had requested to go on record as being in favor of immediate purchase of the property. City Attorney MacMillan read a Final Decree from Judge Chillingworth which dismissed the suit filed by Ocean Ridge 'pro- perty owners. Mr. MacMillan advised the Council that no peti- tion has keen filed regarding the re-zoning of the property and that the Oounty has the Jur~sdiction of zoning. Councilman Sundy asked how long the rezoning would take and Mr. MacMillan replied that he did not know.and that it would be l~t up to the County. Councilman Allen asked if the City's only probl em ~ was making construction on the property and City Attorney MacMillan explained that regardless of any zoning put on the land, they could not pre- vaunt anyone from using it as beach property. Councilman Sundy asked if there was any chance of the City acquiring more than one hundred feet and Mayor Strong stated.it may be possible later but that she was in favor of buying the pro- perty,in question imediately and perhaps selling the one hundred feet if more could be obtained in the future. Mr. John Thayer asked the ~ity Attorney if it is alright for the City to invest in real estate if they can make a profit to which Mr. MacMillan replied that the City ~as not busing the land for that purpose but there was no law against making a profit. Councilman Sundy asked the Council if the City had done everything pob~eible to acquire more than one hundred feet. Mrs. Woehle stated the City had done everything they have been able to do and that the County should solve the problem. Councilman Sundy a~kted he had discussed the property with colored people and that they wish to have mo~e than one hundred feet or to have property in Boca Raton. Mr. John Kabler addressed the City ~/ttorney asking if the extension for thirty days is legal and if it could be withdrawn. The City Attorney answered that he did not think it could be withdrawn and that the extension is legal. He further stated ~hat the City should own the property before any rezoning petition is filed and that a delay in purchasing the land would cause a weak position for the City, explaining that if there should be a Cow t hearing the City would be able to oppose the rezoning, if they own the property. Mrs. Woehle asked the City Attorney if the deposit on the property is not as strong as being fully paid for and he replied that it is not and that the property had not been used by the City as a beach. Councilman Allen stated he did not think the County should feel Delray Beach had shown any undue amount of independence and that the County is willing to help secure more property. He further stated his only objection was the high cost of the land. Mr. Kabler suggested the City take advantage of the 30 day option and Mrs. Woehle replied that if the rezoning petition were filed during the option the restrictions would not be valid. Councilman Allen stated he did not think the County co/~ld help solve the problem within the 30 days. Mrs. Geprgia Lapham asked the Council to what date the option JANUARY 20, 1954 covered, to which Mr. MacMillan replied thirty days, to Febru- ary 24. Councilman Allen asked the City Attorney how long it would take to close the purchase of the property and he explair~d that there is a mortgage which would be paid out of the proceeds, and that it could be closed within one week by airmail. Councilman Sundy asked if the abstract was up to date and Mr. MacMillan explained there is Title Insurance on the property. Councilman Allen asked if the purchase would be paid for in full. cash to which Mr. MacMillan replied it has to be. Councilman Allen then asked if a rezoning petition was filed how soon the County could take action. Mr. MacMillan answered "about 30 days". M~s. Woehle suggested the City could still wait for a couple of weeks to see if any action was taken and Mayor Strong urged the Council to purchase the property imedtately before the colored people became impatient. She further stated if would not be necessary to construct the bath houses right away and that the people could still be using the beach. Mrs. Woehle stated she did not think the Delray Beach colored people would use the white beach but that the Bosmton colored people would probably use it and that the City can only hope for the County's help. Councilman Sundy suggested the colored committee be consulted before making a d~cision and Mayor Strong stated he had already consulted them and that they expressed their hope that the City would purchase this property and that they would use any land the City furnished. Councilman $umdy asked the Council how they could be sure the colored people would be satisfied, to which Mr. Kabler addressed the Council stating they had inspected the property per- sonally. Mr. Kabler suggested thattf the only question was if the City would offend the County Commission that they agree to the ~ommission that they will sell the property should a more suitable piece of land be secured in the future. Councilman Allen suggested a motion be ~assed that the City purchase the land and write a letter to the Uomnty Comission explaining the objective is to cooperate with them and the City's temporary move for insurance purposes should not be considered as final action on their part. Councilman Sundy stated the County would not help with Just 100 feet and Councilman Allen explair~d that the decision at the meeting with the County was to sell this property later and to use the money toward a larger piece of land. Mrs. Lora Britt addressed the Council and stated since this is election year for the County that it was her opinion they would most likely delay the problem until after May. Mrs..Woehle stated the County did not say they would wait but that they were going to ask other adjoining towns if they would be ~ lling to cooperate in getting more land. Councilman Allen stated it would take the County a good deal of time. Councilman Sundy asked if there had been any replies from the letters sent to other towns and Mayor Strong replied there had not been. Mr. Hank Cohen addressed the Council stating he had discussed the problem with a resident of Jupiter who had seen the same opposi- tion regarding a colored beach but that4he colored people do not use the property as often as they did at first slid that the problem had finally solved itself since the people were satisfied to have the beach to use. Councilman Sundy stated he thought the City was being hasty in making a d~cision without first seeing if they could get further assist~ee. Councilman Allen stated the prior Council had worked on the problem with a lot of thought and for a long time. Councilman Sundy then asked if there is 300 feet of land available which could be obtained with the Countyts help. Council- man Allen expressed his opinion that if a loss occurs through the iA JANUARY 20, 1954 purchase of the 100 feet that is the cost of the City's insurance against any trouble. Councilman Sundy asked if the property owners north and south of the land in question had been contacted about selling .. any of their property. Mr. Kabler stated it was his opinion that if the City tried to obtain 300 feet it would offend too many people and perhaps cause racial trouble. Councilman Allen asked Mr. Kabler if he agreed that it would take some time for the County to work the problem out, to which Mr. Kabler estimated t~ years. Councilman Allen then asked Mr. Kabler if he also agreed that the City needs 10~ feet as a _ "stop gap". Mr. Kabler stated he t~ought so "to retain yourselves" and suggested the problem be worked out with the colored people because they have been cooperate with the City. Mrs. Woehle suggested that Mr. and Mrs. Clark probably would not extend the option further and stated she did not think the City should wait two more weeks. Mr. Kabler then suggested to the Council that they advise the County they would be willing to cooperate at any time and that the decision was made to purchase the property. Councilman Allen suggested a motion be passed that the City purchase the 100 feet~in question, at the same time agreeing to sell at any time the ~ounty Commission has an alternative area wherein our purpose to purchase would be equally as well or better served. Councilman Sundy suggested adding to the motion that the local Council has a chance as well as the County Commission. City Attorney MacMillm~ suggested changing the motion to read that the City exercise the option to purchase the property from Mr. and Mrs. Clark provided in the Charter. Councilman Allen moved the motion be passed, Mrs. Woehle seconded the motion and after roll call the motion carried unanimously. Councilman Allen asked if the County Commission should be advised as to the City's intentions and Mr. MacMillan further recommended a motion that the Mayor be authorized to write a~ letter on behalf of the City of Delray Beach, expressim~ their willingness to cooperate in any and all matters pertaining to a solution of obtaining a colored public beach. Councilman Allen moved the motion be passed and Mrs.Woehle seconded the motion which was unanimously carried. City Manager Lovelace then asked the Council if he should proceed with appointing a City Engineer and stated there was a person who would be available February 1. Mrs. Woehle suggested the Council wait until later and Councilman Allen s~ggested the City Manager keep in touch with the person who has Qualified for the position. The meeting then adjourned. APPROVED: ]~ayor ...... ATTEST: - Gity Clerk