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07-13-54 13, 19%4 A Regular Meeting of the City Council of the City of Delray Beach was held in the. Council Chambers at 2:30 PM with Ma~or Catherine E. Strong in the Chair, 3ity Manager .~. E. Lawson, City Attorney Nail MacMillan, and the following Council members present: Glenn B. Sundy, Mrs. Alma K. ~oehle, and N. Cottingham Allen, a quorum being present. An opening prayer was delivered by Mr. MacMillan. A motion was made by Councilman Allen, seconded by Councilman Sundy, and unanimously carried, to approve the minutes of the meeting of June 22nd as corrected (1) Mayor Strong asked Mr. B~d if, while he served as a County Commissioner, it was ever their intention to give financial aid for storm drainage work, (2) the flag in the Council Chambers was donated by the VFW Auxiliary instead of the La{Lie's Auxiliary. The minutes of the meeting of June 28th were approved as w~itten. Coach George Owens addressed the Council asking that a dona- tion b~ $25.00 be given for primes to be presented at a bicycle derby to be held in Delray Beach. He stated ~here would be ~tve groups of children participabing and asked that a free swimming pass be given to the children who do not receive prizes. A motion was made by Councilman Sundy that a donation of $25.00 be made, to be paid out of the 0ontingency Fund, and that a free swimming pass for one week be given to thirty children. The motion was seconded by Councilman Allen and carried unanimously. Mr. Rhea ~hitley addressed tae Council, representing Mr. Alden Painter, o~ner of Lot 11, Block 126, on Basin Drive. Mr. ~hitley explained that his client had questioned the sufficiency of a contract between the City and the property owners in that area, for a 12 foot easement, stating that the contract does not locate the easement nor say that the contract would carry over to new owmers. Mr. Whitley stated a survey of the property is in progress and asked the Council to approve an easement grant for Mr. Painter, subject to the City Attorney's approval. Mrs. Woehle asked the City Attorney if it was the City's in- tention to make the easement permanent and he replied that it was. Be fUrther explained that it would m~rely be a clarification of the contract and suggested the easement grant also be approved by the City Manage r. A motion was made by Councilman Allen to approve the request, subject to the subsequent final approval of the City Manager and City Attorney. Councilman Sundy seconded the motion which carried unan imo u sly. Mayor Strong ~ead a petition from Walter Roth and other pro- perty owners on NE 2nd Averse between 1st and 3rd Streets, offering to pay their share of the assessment for repaying the street. Mr. Roth stated there were approximately one-half of the owners in- cluded in the petition but that he had not taken a total. . Mr. MacMillan explained that the Council could assess property owners for street improvement regardless of the percentage of those willing to pay for it, and that it was the policy of the previous Council to make the assessments without asking the owners. A second petition was read regarding NE 2nd Avenue and signed by owne rs opposing the asses sment. Mrs. Woehle suggested t~e matter be tabled until such time as the Council members could meet with the Planning Board and property owners to discuss the problem thoroughly. No ac tion was taken. Mr. Cedil Farrar addressed the Council stating he had advertised a sale of merchandise to be held at his home for the purpose of closing out his business. The City Clerk had advised him that he could not hold the sale frcm his home and Mr. Farrar stated he knew of several cases in ~elray Beach of people who are conducting a JULY 13, 1954 business f~om thei~ residence. Mayor Strong asked Mr. Farrar if he had contacted the City Clerk prior to advertising the sale and he replied he had not. Mrs. Woehle felt the ordinance governing the above should be upheld and that everyone should act accordingly. Mayor Strong advised Mr. Farrar she felt the City Clerk had taken the proper action in refusing the license for the sale, and stated the Council wo~ld appreciate being notified of anyone who is violating the ordinance. M~. Ozzie Youngblood addressed the Council regarding additional beach property for colored citizens. Mayor Strong announced that the Council had met with Boca Raton and Boynton Beach council mem- bers · o discuss obtaining additional property, and that i't was agreed to secure from the County the assessed valuations of beach property f~om north Boynton Beach to south Boca Raton, and the cost of float- ing a bond issue. She advised that a second meeting would be held August 9th with the other ccmmunities in an effort to designate a beach di strict. Mayor Strong asked the Council to consider allocating funds in the new budget for the purpsse of conducting a city wide lot clear- ing program, stating she felt it would be a better plan than cleaning only those lots against which co~plaints are received. Mrs. Woehle stated she had objected to the resolution passed at the meeting of June 22nd because it was so drastic and t~t the peopl~ had not had a fair chance to clear their property. Mr. MacMillan suggested the Council consider the ordinance which has be e~ in effect in the past, explaining it was adopt ed with the thought 'in mind that the property ~nArs would clear their lots of their own accord rather than be assessed. Mrs. Tetzloff, owner of the Casa Anna Apartments, stated they had waited three years for the owners of a lot adjacent to theirs to clean.the lot and she felt the city should concentrate on the beach area in the interest of tourists. Mrs. Tetzloff was advised th$ property she ~eferred to was included on the list which the Council approved for clearing June ~nd. The matter was tabled for further study. The Council discussed the possibility of'presenting an Act to the State Legislature which would return to the city one cent of the seven cents gasoline tax. Mr. Lawso~ had contacted the City Manager of Pompano Beach and it was agreed that the proposal would be made to the Florida City Manager's Association. Mr. Lawson asked the Council's approval to combine the offices of Tax Assessor and Building Inspector, as recommended in the audit ~eport of Himes and Himes. He felt it would be a more efficient operation and suggested a trial period of six months. A motion was made by Mrs. Woehle to accept the recommendations and report as submitted by Himes and Himes. Councilman Allen seconded the motion which carried unanimously. Mayor Strong suggested allocating funds in the new budget for the purpose of bu~ing property for off-street parking. Hr. Lawson presented the proposed parking plan which had previously been sub- mitted by the Planning Board April 13. He suggested the City con- sider leasing property from merchants in the business area, stating the plan had bee~ found satisfactory in other cities. Mr. MacMillan pointed out that the FEC Railroad might agree to allow parking on their right-of-way and stated other cities are using railro ad p~operty. The overall street study, as submitted by the Planning Board, was discussed. It was pointed out that since funds are available in the Revolving Improvement Fund that w~rk should be started on the priority streets listed, namely SE 3rd Avenue for one block; NE 2nd Street from Federal Highway to Swinton Avenue, and SE 2nd Street from the Federal Highway to $winton Avenue. The City Manager was instructed to Obtain an estimate cost for JULY 13, 1954 these streets, from an engineering survey, and to take into cc~- sideration storm drainage which will be necessary. Mayor Strong referred to an article in the July 8th issue of the Delray Be~dh Journal wherein appeared criticism of pro- cedures within City Departments which she felt were unwarranted in view of the fact that investigation disclosed said comment to be in error. Mr. Lawson stated that a map prepared by Florida Power and Light Company of the overall street light survey had been received and that he would submit the final picture possibly a~ct~e next meeting. The City Manager reported that specifications had been pre- pared for a dump truck and that bids should be ready for consider- ation at the next meeting. Several applications for City Engineer have been ~ec~£ved and the City Manager stated he is in the process of reviewing them and would report to the Council. Mr. Lawson read a letter received from M. E. Frump with regard to a plan which had been worked out between the Youth Center and Little Theater Group, whereby the last two rows of seatmwould be reserved for the Youth Group on Friday and Saturday nights. Mayor Strong read a list of Youth Comittee duties and Mrs. Woehle made the suggestion that a member of this comittee approve a~l vouchers for the Youth Center as is done by the GolfCommittee. Mr. Lawson was instructed to submit the plans for the committee duties to the Youth Center. The City Manager advised that all rights-of-way for the gE 4th ~treet Railroad crossing had been obtained, with the exception of 100 feet owned by Henry Gordon. Mr. Lawson announced that the survey for drainage on Waterway Lane is being conducted by Elliott Gross, engineering firm.~ A requestof R. C. Seat for street lights on SE 2nd Avenue between SE 7th and 10th Streets was held in abeyance until October 1st. Mr. Lawson explained that payments for current are now ex- ceeding the budget by approximately ~100.00 a month and suggested the requests for additional lights be held until provisions can be made in the budget for expansion of the lighting system. ~r. Lawson read a request from the Ci~itan Club for~permission to place concrete and wood benches in various locations in town. He stated an identical request had been received f~em the Junior Chamber of Commerce and that both clubs were interested in renting the backs of the benches to local businesses for advertising space, to raise funds for the clubs. Mayor Strong objected to the advertising. She also advised the Council that the Ewmning Garden Club had donated four benches to the city which have been placed on East Atlantic Avenue and that she felt a letter of appreciation should be written to the club. Mrs. Woehle was of the opinion there is not enough shade in the business area to warrant the use of benches. After discussion, a motion was made by Councilman Allen that the requests be denied, based on the undesirability of advertising matter, and that the City Manager notify the clubs that the city would accept the benches under certain conditions, but without advertising. The motion was seconded by Councilman Sundy and upon call of roll, Mayor Strong and C ouncilme n Sundy and Allen voted in favor of the motion and Mrs. Woehle voted opposed. A request for use-deviation from Cliff Baker, representing a doctor, was discussed. It was desired to have a residence-office in an apartment house district. Mr. MacMillan advised this would be a deviation in zoning. 121 A motion was made by Councilman Sundy, seconded by Councilman Allen, and unanimously carried, that the request be referred to the Plan- ning Board. The following Proof of Publication of Ordinance No. 192 was ordered spread upon the minutes as follows: THE DELRAY BEACH JOURNAL PublishedWeekly Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH: Before the undersigned authority, personally appeared Robert L. Britt, w~o on oath says that be is Editor of The Delray Beach Journal, a weekly newspaper published at Delray Beach in Palm Beac~ County, Florida; that the attached copy of advertisement, being a Legal Notice in tbe matter of Ord. Amending ordinance 535 of the City of Delray Beach, in the Court, was published in said newspaper in the issues of July 1, 1954. Affiant further says that the said The Delray Beach Journalis a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each week and has been entered as second class mail rotter at the postoffice in Delray Beach, in said Palm Beach County, Florida, for a period of one ~ear next preceding the first publication of the at tached copy of advertisement; and affiant further says that he has neither paid no~ promised any person, firm or corporation any discomnt, rebate, commission or fund for the purpose of securing this advertisement for publication in said .newspaper. /s/ Robert L. Britt Sworn to and subscribed before me this 1st day of July A.D. 1954. /s/ Eelen M. Lee Notary Public, State of Florida at Large SEAL My co~w, l ssion Expires May l, 1956 NOTI C E Notice is the City of Delray Beach, Florida, on Tuesday July 13th, 1954, at the City Hall in said city at the hour of 2:30 o'clock p.m., will consider for final ~assage an ordi- nance passed on first ~ding on June 28th 1954 and entitled: "An Ordinance amending Ordinance No. 535 of the City of Delray Beach, Florida, as heretofore amended by Ordinance No. 567, and Ordinance No. G-105, lewying a tax on purchases of electricity, bottled gas and l$cal telephone service." At the aforesaid time and place, or at any time and place to which such hearing may be adjourned, said ordinance shall be read in full and after such reading all persons interested~shall be given an opportunity to be heard. Given by order of the City Council~of the City of Delray Beach, this 28th day of June, 1954. CATNERINE E. STRONG Mayor ATTEST: R.D. Wo rthing City C Publish: July l, 1954 JUn¥ 13, 1954 The following Ordinance was then presented for second and final reading: ORDINANCE NO. 192 AN 0R~INANCE AMENDING ORDINANCE NO. 535 OF THE CITY OF DELRAY BEAC~, FLORIDA, AS HERETOFORE AMENDED BY , ORDINANCE NO. 567 AND ORVINANCE NO. G-lO5, LEVYING A TAX ON PURCHASES OF E~CTRICITY, BOTTLED GAS AND E~DCAL TELEPHONE SERVICE. WHEREAS, the City Council of the City of De!ray Beach has adopted a resolution authorizing the issuance of $100,000 Special Tax Revenue Certificates of said City, which are to be payable from and to be secured by first pledge of the proceeds of the tax levied by Ordinance No. 535, as amended by Ordinance No. 567, and Ordinance No. G-105, described in the caption hereto, and it is desired in that connection to make certain changes in the provi- sions of said ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: Section 1: That Ordinance No. 535 adop~ ed on July 9, 1945, entitled "An Ordinance of the City Council of the City of Delray Beach, Florida, levying, establishing, and imposing a graduated tax on purchases of electricity, bottled gas and local telephone se~fice; providing for penalties for the violation of this ordinance and repealing all ordinances and parts of ordinances insofar as the same are conflicting herewith." as amended by Ordinance No. 567 adopted January. 28, 1946, entitled "An Ordinance to amend Section 4 of Ordinance No. 535 adopted by the City Council of the City of Delray Beach, Florida, on July 9, 1945, entitled 'An Ordinance of the City Council of the City of Delray Beach, Florida, levy- ing, establishing and imposing a graduated tax on pur- chases of electricity, bottled gas and local telephone service; providing for penalties for the violation of this ordinance, and repealing all ordinances and parts of ordinances insofar as the same are conflicting herewith' ." as amended by Ordinance No. G-105 adopted September 8, 1950, entitled "An Ordinance amending Ordinance No. 535 of the City of Delray Beach, Florida, as heretofore amended by O~dinance No. 567, levying a tax on purchases of electricity, bottled gas and local telephone service, and declaring an emergency." is hereby amended and reenacted to read as follows:. "An Ordinance of the City Council of the City of Delray Beach, Florida, ~levying, establishing and imposing a graduated tax on purchases of. electricity, bottled gas and local telephone service; p~oviding for penalties for the violation of this ordinance and reg~aling all ordinances and parts of ordinances insofar as the same are conflicting herewith." "~ection 1. That there is hereby levied by the City of Delray Beach, in Palm Beach County, Florida, on each and every 13, 1954 purchase in said city, of electricity, bottled gas (natural or manufactured), and local telephone service, a tax based upon the charge made by the seller thereof, as follows, to-wit: 10%. on the first ~25.00 billed in any calendar month 5% on the next ~50.00 or fraction thereof billed in any calendar mo nth 1% on the balance of all charges over ~75.00 billed in any calendar month which tax shall, in every case, be paid by the purchaser, for the use of said city, to the seller of suc~ electricity, gas or local telephone service at the time of paying the charge therefor to the seller thereof, but not less ~ten than monthly. "Section 2. That it shall be the duty of every seller of electricity, bottled gas (natural or manufactured), or local telephone service, to collect from the purchaser, for the use of said city, the tax hereby levied, at the time of collecting the selling price charged for each transaction, and to report any pay over, on or before the fifteenth day of each calendar month, unto the City Clerk of said city, all such taxes levied and collected during the preceding calendar month. It shall be unlawful for any seller to collect the price of any sale of electricity, bottled gas (natural or manufactured), or local telephone service, without at the same time collecting the tax hereby levied in respect to such sale or sales, unless such seller shall elect to assume an.~ pay such tax without collecting the same from the purchaser. Any seller fa$1tng to collect such tax at. the time of collecting the price of any sale, where the seller has not elected to assume and pay such · tax, shall be liable to said city for the amount of such tax in like manner ~s if the same has been actually paid to the seller, and the Mayor of said city shall cause to be brought all suits and actions and to take all proceedings in the name of ~aid city as may be necessary for the recovery of such tax; provided, however, that the seller shall not be liable for the payment of such tax upon uncollected bills. If any purchaser shall fail, neglect or refuse to pay to the seller, the seller's said charge, and the tax hereby imposed and as hereby required, on account of the sale for which ~ch charge la made, or either, the seller sh~ll have and is hereby vested with the right, power and authority immediately to discontinue further service to such purchaser until the tax and the seller's bill shall have been paid in full.. "Section 3. That each and every seller of electricity, bottled gas (natural ol· manufactured), and local telephone service shell keep complete records showing all sales in said city of such commodities or service, which records shall show the price charged upon each sale, the date thereof, and the date of. payment therefor, and said records shall be kept open for inspection by the duly authorized agents of salad city during business hours on all business days, and said duly authorized agents of said city shall have the right, power and authority to make such transcripts thereof during such times as they may desire. "Tn addition to making such records available, every seller is hereby required to execute and file not later than the 20th day of each month, at the office of the City Clerk, a sworn, statement on a form prescribed by the Oity Clerk setting forth the amount of such tax to which the city became entitled under the provisions of this ordinance on account of bills paid by purchasers during the preceding fiscal month, and contemporaneously with the filing of said statement shall pay said amount of such tax to which the city is entitled to said City Clerk to be deposited to the credit of such ftu~ds of thw city to be utilized for such purposes as the City Council may prescribe by ordinance or re solution. JULY 13, 1954 "Section 4. That the United States of America, State of Florida, and the political subdivisions and agencies, boards, commissions and authorities thereof, are hereby exempted from payment of the tax levied by this ordinance.The tax h~ereby levied on sales of telephone service shall apply to all charges made for local telephone service exempt local messages which are paid for hy inserting coins in coin-operated telephones, but the total amount of t~he guaranteed charge on each bill rendered for semi- public coin box telephone service shall be subject to such tax. "~ection 5. That in all cases where the seller of electricity, bottled gas (natural or manufactured), or local. telephone service collects the price thereof at monthly periods, the tax hereby levied may be computed on the aggregate amount of sales during such period, provided that the amount of tax to be collected shall be the nearest ~hole cent to the amount computed. "Section 6. That for the purpose of this ordinance a sale shall be determined to be made in the Cit~ of Delray Beach in every.instance where electricity, bottled gas ~natural or manUfac- tured~ and local telephone service, is delivered to a purchaser residing within the limits of the City of Delray Beach regardless of whether the residence or business or headquarters of the seller be located within the limits of the City of Delray Beach or e~e- where. "Section 7. That any purchaser wllfully failing or refusing to pay the tax hereby imposed, where the seller has not elected to assume and pay such tax, and any seller violating the provisions hereof, or any officer, agent, or employee of.any seller violating the provisions hereof, shall, upon conviction~ be subject to a fine of not more than One Hundred Dollars ($100.00), or im _ prisonment in the City Jail for not more than ten (10) days, or both such fine and imprisonment for each and every violation, in the discretion of the Judge of the Municipal Court. "Section 8. That in the event any section, paragraph, sentence, clause or portion of this ordinance shall, for any reason be held unconstitutional, invalid or ineffective, the same shall not repeal, nullify, or in any wise affect any other section,' para- graph, sentence or portion of this ordinance. "Section 9.~ That all ordinance and parts of ordinances, in so far as the same are in conflict herewith shall be and the same are hereby repealed. "Section 10. That on its passage, this ordinance shall become effective and applicable to bills rendered on or after August 15, 1945." Adopted and approved July 13, 1954. /s/ Catherine E. Strong Mayo r ATTEST: /s/ R.D. ~orthing City Clerk SEAL The foregoing ordinance appro~ved as to form, language and execution. /s/ ~teil Mac Millan City Attorney A motion was made by Councilman Sundy to adopt the ordinance on second and final reading. Councilman Allen seconded the motion and upon call of roll, Mayor Strong and Councilmen Sundy and Allen voted in favor of the ordinance and FA~s. Woehle voted opposed. The following ordinance was t~en read: ORDINANCE NO . 193 AN ORDINANCE OF THE CITY COUNCIL 0F THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION ll AND SECTION 15 OF ORDINANCE NO. G-66 (AS AMENDED) OF THE CITY OF DELRAY BEACH, FLORIDA, BY AUTHORIZ- ING CONDITIONAL AUCTION SALES AS DEFINED IN SECTION 18 OF SAID ORDINANCE TO BE CONDUCTED TO THE HOUR OF ll:30 P.M., AND PROVIDING A MAXIMUM LICENSE FEE THEREFOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l: That Section ll of Ordinance No. G-66 (as amended) of the City of Delray Beach, Florida, be and the same is hereby amended as follows: "Section ll: PROHIBITED HOURS AND DAYS OF SALE: It shall be unlawful for any licensee, his agent, servant, or employee to conduct any such auction sale as is mentioned in Section 6 of this Ordinance between the hours of 6:00 P.M. and 8:00 A.M., or on Sundays. Pro- riding, however, that conditional or provisional sales as provided in Section 18 of this ordinance may be conducted ~o the hour of ll:30 P.M." Section 2. That Section 15 of 0 rdinance No. G-66 (as amended) of the City of Delray Beach, Florida, be and the same is hereby amended as follows: !'Section 15: LICENSES (a) Auctioneers, each ............ ~50.00 (b) Auctions, per day ............ $20.00 provided, however, no licensee shall be required to pay such license fee when said licensee has paid the total sum of $1,000.00 in the license year." ~ection 3: That all ordinance and parts of ordinances in con- flict herewith be and the same are hereby repealed. PASSED in Regular Session on second and final reading on this 13th day of July 1954. /s/ Catherine E. Strong Mayor ATTEST: /s/ R.D. Worthing City Clerk SEAL unz 13, 1954 A motion was made by Mrs. Woehle to adopt the ordinance on second and final reading. Councilman Allen seconded the motion which was carried unanimously. The follo~dng resolution was then read: A RE~0LUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ABANDONING ALLE~A¥. (McGinley Gosman subdivision). Mr. MacMillan felt it is not a good policy to abandon any city property. Mrs. Woehle then made a motion that the resolution be denied. The City Attorney reminded the Council of the recent request of Mrs. E. E. Foote which was the result of the city abandoning an alley in the rear of her property, closing off access to her lot. He suggested the Council contact Mr. John Adams who prepared the foregoing resolution to discuss the matter further. Mrs. woehle withdrew her motion and the matter was tabled for further consideration. The following resolution was then read: RESOLUTION NO. 926 A RESOLUTION OF THE CITY COUNCIL OF ~HE CITY OF DELRAY BEACH, FLORIE~, ABANDONING PUBLIC UTILITY RIGHT OF WAY AND ACCEPTING DEDICATION OF PUBLIC UTILITY RIGHT OF ~AY AT NEW LOCATION. WHEREAS, all of the affected land owners have Joined~together and have petitioned the City Council to vacate the public utility · easement 10 feet in width lying 5 feet on either side of the Nor- therly 135 feet of the Easterly boundary line of Lot 12, Blue Seas, a subdivision in the City of Delray Beach, Florida, as per plat thereof on file in the off'ce of the Clerk of the Circuit Court. in and for Palm Beach Co~lnty, Florida, recorded in Plat Book 23, page 185, so that said public utility easement may be re-located, as hereinafter indicated, which re-location will permit the owners of the~affected property to use the same to a better plan and ad- vantage and which will nevertheless provide satisfactory public utility easement access to all property in the subdivision. WHEREAS, all of the property owners of parcels of land lo- cated in said subdivision have evidenced their approval of this abandonment and re-location; and WHEREAS, said public utility easement is not, and never has been, used; and WHEREAS, the CttyCouncil deems it to be to the best interests and growth of the City of Delray Beach to cause said easement to be abandoned and re-located; and WHEREAS, the affected fee title owners of the property involved in the easement re-location have dedicated by easement deed the property affected thereby; and WHEREAS, the City Oouncil is desirous of accepting the dedi- cation of said public utility easement as re-located. NOW, THEREFORE, BE IT RESOLVED by the City Council of She City of Delray Beach, Florida; SECTION 1. That the public utility easement located 5 feet 127 JlY~Y 13, 1954 on either side of the Northerly 130 feet of the East boundary line of Lot 12, ~lue Seas, a subdivision in the City of Delray Beach, as per plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 23, page 185, be and the sa~e is hereby vacated and abandoned. SECTION 2. That the City of Delray Beach hereby accepts the dedication, for public utility purposes the land area described as follows, to-wit: . Beginning at a point 30 feet East of the Northeast corner of Lot 1% Blue Seas suodivision~which point is in the North boundary line of not B of said subdivision, thence go South 140 feet along a line parallel to and 30 feet Easterly of the East boundary lines of ~ot 12 and I of said subdivision; thence go West 30 feet along a line parallel to the North boundary line of said subdivision to a point in the East boundary llne of Lot l; thence go North a distance of l0 feet along the East ~oundary line of Lots i and 12 of said subdivision; thence go East a distance of 20 feet along a line parallel to the North boundary line of said subdivision$ thence go North a distance of 130 feet along a line parallal to the East boundary line of Lot 12 of said subdivi- sion ~here the sam~ intersects the North boundary line of said subdivision; thence go East l0 feet along the North boundar, y line of said subdivision to the point of beginning. The location of same being more clearly indicated by the heavy black line indicating an easement lO feet in width as shown by the attached sketch, which is made a part hereof. ADOPTED by the City Council of the City of Delray Beach, Florida, this the 13th day of July A.D., 1954. /s/ Catherine E. Strong Mayor ATTEST: /s/ R.D. Worthing City Clerk SEAL A motion was made by Mrs. Woehle to adopt the foregoing resolution. Councilman Allen seconded the motion and it carried unanimously. The following resolution was then raad: RESOLUTION NO. 925 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF E~LRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFI* CATIONS AND ESTIMATE OF COST OF GRADING AND PAVING SOUTH WEST SIXTH AVBNUE FROM ATLANTIC AVENUE TO THIRD ~TREAT. WHEREAS, the City Council has been petitioned to grade and pave South West S~Zth Avenue from Atlantic Avenuet$ Third Street, to a width of twenty-two (22) feet, and to assess the cost of such JU~Y 13, 1954 improvement against the lands abutting thereon, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, as follows: SEC~ION l: That the City Manager be required to submit plans, specifications, and estimate o~ 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 Council of the City of Delray Beach, Florida, on this the 13th day of July, A.D., 1954. /j/ Catherine E. Strong ATTEST: /s/ R.D. Worthing City Cle rk SEAL A motion was made by Councilman Allen to adopt the resolu- tion. Mrs. Woehle seconded the motion and it carried unanimously. A report from the Swimming Committee followed which outlined several recommendations for improvements to the beach, and the scheduled program for the summer. The Council discussed the problem of lifeguards not being able to enforce rules and Mayor Strong mmde the suggestion that the lifeguards be deputized. Mrs. Woehle felt that a list of rules and regulations posted at the beach would be suf f ici ent. The matter was tabled for study. The following reports were read from the Planning Board: 8 July 1954 The Honorable Mayor and City Council Delray Beach, Florida Re: Fire Station Location Ladies and Gentlemen: At a recent meeting with the Planning Board, Fire Chief Gregory explained the need for a new Fire Station, with a sub- station on the east side of the Canal, and noted that his first choice on location for the main station was lots 13, 14, 15, 16 Block 52, facing south on Atlantic Avenue, between NN Fist and Second Avenues. Inspection of available City-owned land and further dis- cussion brought out the following points: 1) That Atlantic Avenue frontage values should not be used up in permanent city department activities where avoidable. (It was felt that expansion of the Tennis Courts also should be clear of a minimum l~0 ft. lot depth from Atlantic Avenue. ) 2) That it was not absolutely esaential to front on Atlantic Avenue, particularly in view of crowded traffic conditions during the seasc~, when east-west routes on North or South 2nd Streets might entail le ss delay. 3) That Block 37 (the old Fair Grounds) would provide adequate space for expansion to the south, if the station were faced to the East, approximately 175 ft. un¥ lB, 1954 south of Atlantic Ave. without impinging upon estab- lished recreational facilities (as in Blks. 52 and 51.) 4) That paving of Sd Third Avenue between Atlantic Avenue and SW 2nd Street would provide good access to two desirable easterly routes. The Board therefore recommends that the new Fire Station be located on Block 3?, at least 175 ft. south of Atlantic Avenue, facing East;and that SW Third Avenue be paved as noted above, as a part of the project. Sincerely, /s/ Robert F. Blake II Chai rm an Chief Gregory addressed the Council stating he felt the above recommendation would create the same problems as they now have in the present location. Mr. Allen brought out the possibility of the Tennis Courts expansion and stated consideration should be made to that before deciding on the recommended location. No action was gaken. l0 July 1954 The Honorable Mayor andCity Council Delray Beach, Florida Re: Federal Hig~ay Setbacks NE 2nd Avenue Ladies and Gentlemen: On June 30 a special meeting of the Planning Board, attended by members of the Council and the Chamber of Commerce, was called to discuss with County Engineer Stephen R. Middleton and County Commissioner Ben Sundy plans for improvements to the Federal ~igh- way and NE 2nd Avenue. On the basis of this discussion and fUrther study by the Board, recommendations a~e submitted as appearing below. 1. Federal Highway Minimum Setback Requirements~ Mr. Middleton asserted that the State Road Board intends to construct a highway through Delray Beach which will require 100 ft. R/N generally, with the possible exception of certain blocks, to be designated by the new Road Board next Autumn, as permissible for an 80 ft.R/W. He noted that the existing minimum setbacks allow construction within the 100 ft. width, and suggested that the city adopt requirements similar to certain Cot~nty requirements providing for the highway R/W elsewhere. After further discussion the Board recommends immediate adopt- ion of an ordinance setting up minimum buildin, g setbacks from the center line of the Federal Highway as follows. a) Commercial Buildings or other structures where customers are served exclusively inside the building (as distinguished from curb or drive in services to motor vehicles), 50 ft. from R/Wcenter line b) Filling Stations, Fuel Pumps, or other automobile service facilitie~ where vehicles leave the public highway to be served or repaired, 60 ft. from R/W center line c) Residences, Tourist Courts, ~otels, ~otels, 75 ft. from R/W center line JuLY 13, 1954 d) Commercial buildings, Stands, or other structures from which customers are served or sold food or beverages in their cars (such buildings being commonly k~om as "drive-ins" 80 ft from R/W Center Line e) Ail buildings, facilities or improvements now existing within the appropriate minimum setbacks noted above shall be classified as non-conforming uses, and no alterations to buildings or facilities so classified shall be allowed unless the building be then made to conform, or the cost of such alteration be less than $1,000.00. 2. NE Second Avenue: Mr. Middleton and Mr. Sundy explained that the County would install 24 ft. o~ paving along the center line of ME Second Avenue, and would cooperate where the City desired to increase the paving width so that the entire work~ would be done at one time and by one contractor. It was noted that the County would also pay a part of ~the fee for engineering services in connection with the work in proportion of the county-built 24 ft. paving to the total paving in any area. Others attending agreed that business blocks should have fou~ lanes of moving traffic, two par~king lanes, curbs, side- walks and storm sewers. A seventy foot R/~ would be composed as fo llows: four traffic lanes $ 10' 40 ft. ~wo parking lanes @ 8' 16 ft. two curbs & walks ~ 7' 14 ft. Where existing buildings protrude into this 70 ft. ~dth, the par- king lane should be omitted. The Board therefore wishes to modify its recommendation contained in the general recommendations for street improvements of 8 April, 1954, as follows, with reference to NE Second Avenue: a) That the City obtain a 70 ft. R/N along Second Ave. from Atlantic Avenue to NE 2nd Street, thereafter 60 ft..R/W to the city limits. b) That the minimum setback for any building in business zones be maintained at 35 ft. from the R/W center line. c) That the City ~nstall paving in conjunction with the County paving to obtain a total of 56 ft. of pavement, and further install curbs and sidewalks ?' wide on each side of the pavement, extending from Atlantic Avenue to NE 2nd St. where existing conditions permit, complete ~th gutters, drains and storm sewers. d) That the City install paving in conjunction with the County paving to obtain a total of 40 ft. of pavement (four traffic lanes, no paved parking lanes) from NE 2nd Street to NE 4th Street. Since rely, /~s/ Robert F. Blake I1 Chairman Mr. MacMillan was of the opinion that the recommendations for set-backs on the Federal Highway as to types of structures would be discriminating and suggested amending the existing ordinance to provide for 50 feet from the center line, which would JULY 13, 1954 provide the required right-of-way for .the new highway. Since the ordinance would involve zoning and therefore have to be passed as. an emergency ordinance, the matter was tabled until a quorum of 5 cour~il members is present. The City Attorney was instructed to p~epare an emergency ordinance to provide for 50 foot set-back from the center line ~n Federal Highway, upon motion of Councilman Sundy, seconded by Councilman Allen and unanimously carried. ~ith regard to NE 2nd Avenue, Mayor Strong stated that since some of the property owners were oppose~ to t~e paving, that the City Clerk should be instructed to obtain the percentage figures by contacting the owners. M~. MacMillan suggested polling the owners by letter instead of conducti ~g a mass meeting. The City Clerk was instructed to write letters to ~he property owners on NE 2nd Avenue to determine who is in favor of repaving from Atlantic Avenue to ME 4th Street. lO :uly 1954 The ~onorable Mayor and City Council ~elray Beach, Florida Eadies and Gentlemen: The Planning Board has taken action on matters recently referred to it as follows: 1. Building setback requirements, Residence A zone (Ref: Eugene R. Constans letter 20 May, to City Mgr. ) In view of the growing tendency towards rear yard development for private outdoor living, the Board feels that for 100 ft. depth lots, the thirty-five foot setback requirements from Res. A zone front lot lines is unduly severe and should be relaxed. In order to avoid a seeming penalty on deeper lots, which should be encouraged in future developments, it was felt that the modified setback requirement should apply to all A zone; but that those neighborhoods already half built up or more, should retain the set- backs already observed. The Board felt that no further modifica- tion was. Justified where houses are to be staggered over a five foot depth or more, and that such setback variations should occur back of the minimum line. Consultation M~th City Planner George Simons Jr. advisor to the Planning Board supported these views. The Board therefore recommends that the front setback require- ment in Residence zone A be modified from 35 feet to 30 feet from the front property line. Except that where any block of lots front- ing on the same street has been 50% or more built at other than 30 ft. setback, then new building shall comply with the established minimum, but in no,~ case shall the req~oired setback be more:~than 35 feet. 2. Proposed development for Mr. Thomas J. Edwards. It was noted that tb~ north and south boundary streets are not correctly indicated and should read: NW ~th Street (at the north boundary) NW 3rd Street (at the south boundary) The Board considers the tentative layout a very excellent one, a relief from the usual gridiron pattern, and recommends that it be accepted with the following, provisions: a) That the owner secure the dedication from a~Jacent property 954 owners of additional 25 ft. on the north, east, and the south.. from NW Twelfth to NW Thirteenth ~enues, to give 50 ft. on the north and east and on the south to lot~44- The Board did not feel it necessary to provlde the full R/W from lot ~44 west, since no other lots face south, and an alley access would be sufficient. b) That the owner install 22 ft. paving as access streets, with construction approved by the City Engineering Department, on the center lines of all 50 ft. R/W, including perimeter R/W as mentioned in a) above.- These streets to provide adequate storm drainage for the subdivisions area. c) That street signs be installed at all intersections. d) That Utility easements of 1~ ft.minlmum (12 ft. pref- erable) be indicated as necessary to provide for all lots. e) That the sanitary sewage system be approved by the County Board of Health. f) That the final plat be resubmitted to the Planning Board for approval, showing: location and sizes of watermains and fire hydrants. electric power and telephone poles. street lights, if any. location and invert elevations of any storm or sanitary sewers. Sinc ere ly, /s/ Robert F. Blake II* Chairman No action was taken on the abo~e recommendations regarding set-backs in Residence A zone. The Council discussed the provision regarding T. H. Edwards plat with regard to installing streets before the plat is approved. A motion was made by Mrs. Woehle to accept the recommenda- tions of the Planning Board except as to streets being installed, and that the City Manager refer the recommendations to Mr. Edwards for compliance and subject to final plat. Councilman Sundy secon- ded the motion which carried unanimously. Bills in the amount of $25,727.47 were approved for payment subject to the approval of the Finance Committee, upon motion of Councilman Sundy, seco nded by Councilman Allen and unanimously c~rrie d. The City Clerk requested authorization to clear the petty cash record of advances to for~e~employees which are uncollectable. Mayor ~trong_asked ~f the matter could be taken to Small Claims Court. The City Attorney stated he would attempt to collect the debts and would work with the City Clerks A motion was made by Councilman Allen to authorlzm the City Clerk to charge off $25.32 of a paving lien on 4ct 22, Block 4, Monroe subdivision, which was assessed in Fe~bruary 1951 for ~97.63. Palm Beach County acquired the lot August 15, 1951 and sold it July 11, 1952. The city received $72.31 from the proceeds of ~the sale. The motion was seconded by Councilman Sundy and carried unantmous ly. Mr. Lawson explained that a payment to Howard cromer for a portion of the water system improvement is now due and asked that authorization be made to pay ~3,519.34 directly out of the Water Syst~a Fund instead of transferring the money from one adcount to another. Motion was made by Mrs. ~oehle, seconded by Councilman Allen and unanimously carried, to authorize payment of the bill. ~r. Lawsom asked the Council to authorize the transfer of ~10,000.00 to. the Fire Station building fund which was appropriated in the 1951-52 and 1952-53 budgets but never transferred. Motion was made by Councilman Sundy, seconded by Councilman Allen and unanimously carried, approving the transfer of ~10,000.00 to the new Fire Station building fund. Mayor Strong announced that Dr. Davis h~d retired from medical ractice and that a replacement would be required for a Health fficer. She asked that a resolution be prepared by the City Attorney thanking Dr. Davis for his services. The City Manager was instructed to contact local doctors for a replacement. Mayor Strong stated that members of the Council met informally with a representative of the F.I.C.P.A. and discussed the report which they planned to make to their Institution. The discussion was informal - not at a Council meeting, therefore the Council has requested a formal report - in order that it may be made of public record for the City and in order that the Council may take such formal action on it as may be warranted. Mr. MacMillan referred to a Tax Certificate which had been · issued stating there were no taxes or assessments as of November 18, 1953, on the Wes~t 150 feet of Ocean Beach Lot 29, and that the property had' been purchased on the strength of that certificate. He stated the City has since issued an assessmeat against the~'~pro- petty and that during the past ~aeveral months he had done extensive checking in an attempt to determine when a lien becomes effective. Mr. MacMillan had been advised by the Attorney General that a lien becomes effective when it is approved by the City Council, and in view of the legal conferences which were held, he requested the Council approve the principal payment in the amount of ~716.92 and waive the interest. A motion was m~ie by Councilman Allen that the rec~endation be* approved and the principal am~ount be accepted and interest waived, due to time which hadbeen spent to determine when a lien is effective. The motion was seconded by Mrs. Woehle and carried u~n imou sly. Mayor Strong read a letter from the Beach Taxpayers League urging the Counoil to consider a fire station for the beach area in the new budget. The City Clerk read the following resolution pertaining to a payroll fund to be opened: RESOLb~ION NO. 924 RESOLUTION OF THE CITY COUN~IL OF DELRAY BEACH, FLORIDA, ?ROVIDI~X~ FOR A PAYROLL ACCOUN~. TO BE OPENED IN THE FIRST NATIONAL BANK OF DELRAY BEACH, FLORIDA. I HEREBY CERTIFY that I am the duly appointed and qualified City Clerk of the City of Delray. Beach, Florida, and that the following is a true and correct copy of a resolution duly adopted at a regular meeting of the City Council, ~eld on the 13t~ day of ~uly, 1954. BE IT RESOLVED, that the City Man~ger be an~ he is hereby authorized to open a PAYROLL ACCOUNT in the First National Bank of Delray Beach, Fla., and that funds deposited therein may be withdrawn upon a check signed by any ONE of the following: NAME TI TLE /s/ R. D. Worthing City Clerk-Treasu~e~ /s/ Marie Williams Asst. City/£1erk-Treas~rer~ whose signatures shall be duly certified to said Bank, and that '~no checks drawn against said Bank shall be valid unless so signed. BE IT FURTHER RESOLVED, that said Bank is hereby authorized and directed tp honor and pay any checks so drawn, whether such checks be payable to the order of any person signing said checks, or any of such persons in their individual capacities or n~t, and whether such checks .are deposited to the individual credit of the person so signing said checks or to the individual credit of any of the other officers or not. This resolution shall continue in force and said Bank may consider the facts concerning the holders of said offices, ~espectively, and their signatures to be and continue as set forth in the certificate of the City Clerk of Del~ay Beach, Florida, accompanying a copy of this resolution when delivered to said Bank or in any similar subsequent certificate, ~til written notice to the contrary is duly served on said Bank, PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, this 13th day of July, A.D., 1954. /s/ Catherine E. Strong ~ Mayor ATTEST: /s/ R.D. Worthing City Clerk SEAL Councilman Allen moved that the above resolution be adopted. The motion Ks seconded by Mrs. ~Woehle and carried unanimously. Mayor Strong read a copy of a letter f~om Mr. Manson of the Golf Committee w~itten to Mr. Richard Hanna, with regard to plans for the new club house for the Golf Course. Mr. Manson stated the plans had been accepted and e~p ressed their desire that the con- tractor to whom the contract was awarded be required to furnish a performance bond, covering the amount of contract ~o be let and that it being further desired completion date be not later than December 1, 1954. Mayor Strong inquired as to the status of indexing minute books and was advised the work is progressing. Mayor Strong stated she had been advised by the auditors of Himes and Himes that the present system of the city tax ~oll in card form is not legal. The City Clerk stated the proposed use of the new accounting machine would provide for the tax roll being in book form. The meeting, then adjourned. APPROVED: Mayor ATTEST: - "City Clerk .......