01-12-53 JANUARY 12TH, 1953
Regular meeting of the City Council of the City of Delray
Beach was held in the Council Chambers at 7:30 P.~¥~. with ~'~ayor
L. D. Kern in the Chair, and City Attorney ~e!l E. i¥~ac~v~'llan,
City ~ian~ger Robert Lovelace, and the following Councilmen pre-
sent; R. J. Holland, ?~. A. Jacobs, John N. ~abler, and ~rs. Alma
K. Woehle, a quorum being present.
Upon motion of ~ouncil~an Holland, seconded by Councilman
Jacobs, and unanimo~sly carrie~, minutes of meetings held Decem-
ber 22nd, 1952 and January 5th, 1953, were approved as written.
~r. Louis ". Conover, representing the Beach Taxpayers' ~.ea-
gue addressed the ~ouncil with reference to t~e ?roposed resurfac-
ing of Gleason Street. He stated that he had been informed that
the Co~tr~ctor was ready to start work on this street immediately
and that it might be torn up for a period of 7~ days. If true,
he filed a protest for all prop erty owners on Glea~on Street
who are trying to rent their properties for the season.
~Oity ~anager Lovelace then explained that there are ei~ht
different streets involved in this resurfacing project, all of
which will be completed within ?~ days, the work to be done one
street at a time in s~ccession. He had not been informed by the
Contractor that he intended to start work on Gleason Street im-
mediately, but he agreed to determine the following morning the
proposed schedule, and ask that ~leason Street be placed near
the last of the streets to be improved, and also request that
traffic be maintained at all times, while work is in progress.
He felt sure that this would be agreeable to the ~ontractor.
Hearing was then held to receive objections, if any, to the
cleari~g of certain lots submitted to the Council on December 22nd,
which were declared to be nuisances.
~r. Clarence E. Strong, representing lVlrs. ~lar~ F. Greenblat,
owner of Lot 16, Block 6, Osceola Park, appeared before the Coun-
cil with reference to request that this lot be cleared. He ex-
plained that ~Irs. Greenblat is incompetent and has no income;
that the next door neighbor has put his rubbish on this lot, and
the balance is palmettos which have been burned over leaving only
sand underneath. He claimed that the value of the lot is only
~100.00 which does not warrant the expense of clearing.
~ity ~anager Lovelace agreed to have this lot rechecked, and
if the objection is only a pile of sand it will not be necessary
to clear it. He a~vised ~r. Strong that he would notify him of
the result of such recheck.
The following resolution was then oresented and read in full:
RESOLUTION NO. ~8
A R~SOLUTION REQ[TIRING 0~NERS 0Y CERTAIN DES-
CRIBED lANDS TO ABATE NUISANCES THERE0~ OR BE
ASSESSED COST THERE0~' ~'0f~ ABATEI~EN2 ~¥ THE Ci'I~.
WHEREAS, the City Council did, in regular session held on
December 22nd, 1952, enact a resolution declaring the existence
of a nuisance upon certain lots or parcels of. land for violation
of the provisions of 0rdinsnce No. G-l~.7; and
WHEREAS, pursuant to said resolution, the City Clerk of the
City of Delray Beech, Florida, did furnish eash of the owners of
the lands therein declared nuisances with notice that the City
Council would sit on January 12th, 19~3, at 7:30 P.[¥~. at the City
Hall in Delray ~,each, f'lorida, for the purpose of '~llowing said
owners to show cause, if any, why said nuisance described in
said resolution should not be abated; and
WHEREAS, oursuant to said resolution, the City Council of
the City of Delray Beach, t?lorids, did on January 12th, 1953, at
7:30 O'clock P.f~i. at the City Hall in Delray Beach, Florida, hold
the hearing provided for in such notice, and did consider such
reasons and facts as were oresented by the owners of said lands,
and such other material and pertinent evidence as was adduced be-
fore it.
JANUARY 12TH, 19~3
N0~,'~, THERE~'0EE, BE iT RE~.~CLVED that the existence of s
nuisance, for the reasons herc. ina£ter set forth, be and the same
is hereby adjudged upon the follow-;.ng lands in the oity of belray
F ' it:
Beach, lorlda, to w
0rd.G-147
0wne r Addre s s De s crip ti on -~:- Se cti on
Violatf on
Fred S.fvicDuffte P,O.Box 6~ Lot 19,Blk.?
Delra~v Beach 0sceola Park 1 & 3
J.T. & Lucille " ~ Lot 20,Blk.7
i~ic[~iurrain 0sceola Park 1 & 3
~.Scott Pearsol Sheraton Plaze Lots 1 & 2,~l.k.~
Hotel 0sceola Park 1 & 5
Daytona Beach
~.P.Gardner P.O.~ox 121 Lots 28,29 & 50
Delray Beach Block 9,0sceola Park 1 &:
J.W. Forest & RFD #1 Lot 7,
Anne S. ~axwell Tonawanda,N.Y. Osceola Park 1 &
i~ary !..& Ruth " '" Lot 8,Blk.l~
[~axwell 0sceola Park 1
Fred 0.& Ingborg 123 SE ~th A,,e. Lots 11 & 12
l~elson Delray Beach Blk.~, 0sceola Park 1 &
John L.Galli P.O.Box ~9~ Lots 21 & 22
Delray Beach Blk 8, Osceola Park 1 & 3
O.A.Seestedt 708 NE 1st Ct. Lots 28 & 29
Delray Beach,Fla. Seestedt-Stevens Sub. 2
Mary F.~ Jekab ~20 Ingraham Bldg. Lot 16,Blk.6
Greenblat Miami,Fla. 0sceola Park 1 &
Beckie James General Delivery Lot 17,Blk.6
Delray Beach, Fla. 0sceola Park 1 & 3
~elvin B.& Edit~ 5~0 Van Buren Dr. Lot 1,Blk.9
Denend RFD #~ 0sceola Park 1 & 5
Hunti ngt on, N.Y.
i~irs.N.L.Bostwich P.0.Oox 16~ Lot 22,~1k.6
· F
Jacksonville, la. Osceola Pk. 1 &
Arthur & Louise 9~ Reservoir Ave. Lot 10,Blk.ll~ 1 &
E.[~cCaig River ~dge,N.J.
Elaine Ayoub >% Alex Simon Lots
P.0.Box 3~ Delray ~,~anor 2
Delray Beach,Fla.
Frederick W.~ichol % N.Y.University Lot ~, 0cesn Breeze
6 Washington Sq.N. Estates I & 5
New York 3, N.Y.
-~:- (~iat. ure of Nu. is,~nce .o/,~c~_.~,d: .~ r'eans there are trees, debris,
or vegitation, which, by reason of height, proximity to neighbor-
ing struct~res or physical condition are hurricane hazards; "2"
means there are weeds exceeding 12 inches in height, and which
e~ther exhale obnoxious odors or constit~te a likely so%u-se of dis-
ease or physical distress to h~3man beings; "5" ~esns there
trash or filth which is likely to be detrimental to the health and
safety of the inhabitants of the City.)
AND, DE IT FURTHER RESOLVED that the City Clerk of the City
of Delray Beach, Florida, furnish each of the owners of the lands
hereinabove listed and described, with a copy of this resolution
by registered mail, return receipt requested.
4
JANUARI 12TH, 1953
AND, BE IT FURTHER RESOLVED that each of said owners be
and they are hereby notified that they are required to abate
the nuisance hereinabove adjudged and specified within thirty
(30) days from the receipt of a copy of this resolution; other~-~
wise, in default thereof, the City of Delray Beach, Florida,
will enter upon said lands and abate the said nuisance herein-
above specified and will levy the cost of such work as an assess-
ment against the property hereinabove described.
APPROVED this 12th day of Janua~-, A.D., 1953.
/S/ Lpwell D. Kern
Mayor
ATTEST:
/S/ Ruth R. Smith
city Clerk
( SEAL )
A motion was made by Councilman ~abler and seconded by
Councilman Holland that the foregoing Resolution No. 888 be
adopted. Upon call of roll the motion carried, the vote being
as follows:
~Councilman Holland - Yes
Councilman Kabler --- Yes
.Councilwoman ~oehle - Passed
'Councilman Jacobs - Passed
~ayor Kern - Yes
Application for license to operate a Liquor Package Store
at 657 N.E. 8th Street, filed by Michael Patrick Corrigan on
November 24th, 1952, was again presented for. consideration, by
the City ~ianager.
As the Liquor Zoning Ordinance had been amended to allow
the sale of Liquor on i'~.E. 8th St. between 5th Ave. and 7th Ave.,
a motion was made by Councilman Holland and seconded by Council-
man Kabler, that this application be'approved. Upon call of roll
the motion carried unanimously.
Application for a building permit to construct a "Howard
Johnson" Restaurant on the northeast corner of the N.Federal
Highway and 1st Street was presented by City Manager Lovelace,
who stated that all requirements were in order with the excep-
tion of the ceiling height, which the plans show to be 9'6" in-
stead of the required 12' although clans are the same as used
for Howard Johnson b~.~ildings in other Cities.
As this would be a deviation from zoning restrictions, a
motion was made by Councilman Holland that the plans be submitted
to the Zoning and Planning Board for recommendation. The motion
was seconded by Councilwoman ~oehle, and upon call of roll,
carried unanimously.
Application for permit to construct a store building on
Lot l~, Block 107, filed by nobert ~. Fleming, was presented
.by the Building Inspector who advised that all requirements of
the Building Code and on'~ng Ordinance would be complied with
Upon motion of Councilman ~'abler, seconded by Councilman
Jacobs, and unanimously carried, plans were approved as sub-
mitted and on file in the Building Department.
City i~anager Lovelace advised that Item No. 7 on the agenda
had been deleted as property owners would build their own s~.de-
walks at the proposed locations on the N. Federal Highway.
A letter from ~r. Warren G. Grimes, requesting that the W.
170' of the ~. 1/£ of lm.~ck Lot 16~, except the ~. ll0' thereof,
be rezoned from a Residence "A" zone to an Apartment zone, was
read as follows:
JAN~A}{Y 12TH, 1953
#January 12th,
City of Delray Beach
Delray Beach, Florida
Gentlemen:
I herewith petition your Honorable Body for the change
fn zoning of the following described property from residence
"A" to ~Apartment".
Ail of the ~est 1~0' of the North h~lf of Block
1~, except the North Il0' thereof, Delray Beach,
Florida~ according to the Plat thereof o~ f~le
the Office of the Clerk of th~ 0ircuit Court in
and for P~lm Beach County, Florida, recorded !~
Plat Book 18, ~ge 47.
I intend to use th~s property for a~ off-street P~rkfng
for the Gloria ~part~ents on ~ndre~s Avenue, ~d my plans c~ll
for the planting of ~rubbery ~roun~ the Parking Araa so that it
~ill not be visible to the surrounding residential property o~n-
ers. There ~s no way to get to this property ~t the present time
from any public hi,way except by going o~er property whi~
fro~ts on either Andr~s, Lo~r~ or Se~breez~ Avenues.
Respectfull~ yours,
/S/ ~¥arren G.Grimes
Upon motion of Councilman Holland, seconded by Oounc[lmsn
Kabler, and unanimously carried, the above request was referred
to~e Zoning and Planning Board for recommendation.
A proposed plat of several blocks in the northwest section,
prepared by ~. J. Seymour, developer, comprisimg the sres between
N.W. 2nd Ave. and ~t~ Ave., to N.W. 10th Ave., was presented by
the City Manager for tentative approval of the Council.
~r. Lovelace explained thst all lots would be 8000 sq.ft.
or more, and the development would create a quiet residential sec-
tion with neighborhood streets. 'Certain dedicated rights-of-wsy
~ould hsve to be abandoned, and slternative rights-of-way accept-
ed, but ~ 1 dead-e~d streets had been eliminated. Lots om the
south side of the proposed plat are planned to be 300' deep,part
of which will provide abuffer zone adjoining the colored section.
The annexstion of two trscts of land would be involved, and por-
tions of a tract of City owned l~n~ known as the esst 1/2 of
Lot ~, Section ~, might be utilized for streets, however the re-
maining portions could be developed as s continuation of s mar~'sy
to extemd the buffer ares.
[~r. Lovelace also sdvised the Council thst the Pl~nming
ation, and the Zoning and ~lanning Board hsd gone over the pro-
posed ~lat thoroughly, end had approved it as submitted. He asked
the tentative approval of t~e Council.
After consideration, amotion was made by .Councilwoman ~;oehle
and seconded by Oouncilmsn Kabler, that the plat be approved
tentatively, and upon call of roll the motion carried unanimously.
Reco~endation of the Zoning and Planning ~oard with r efer-
ence to the rezoning of the west one-half of mlock 82 was read as
follows:
'At the meeting held on Jsnuary 7th with membera of the
Citizens Planning Association, ~r. C. H.Ha~ond, Chairman
of the Land Use Co~ittee asked the Zoning and Planning
Board to reco~end thst action be postponed on ~y re-
quests for extending business zones, or creating new
business zmnes, until the comprehensive City plan being
prepared, is completed, but after careful consideration
of the fact that this land, the west one-half of mlock
~]2, sd joins a businsss distrlct on the east and on the
south, and of its proximity to the railroad, this 5ogrd
reco~ends that the request to rezone this land to a
Limited Business zone be granted.".
JANUARY 12TH, 1953
Councilman Holland moved that the above recommendation
of the Zoning Board be accepted. The motion was seconded by
Councilman Kabler, ~nd upon call of roll carried, ~ayor ~ern, a~d
Co~ncilmen Holland, ~acobs and, Kabler voting in favor of the mo-
tion, and ~rs. ~oehle voting against it. ~'~'~rs. ~oehle explain-
ed that she would not vote against the wishes of the Planning
Association who had asked that all requests for rezoning be de-
ferred until the comprehensive City Plan, being prepared, is
comple ted.
Request of the zoning and Planning Doard that the east one-
half of Block 7~, which lies directly west of the west one-half
of Olock 82, also be rezoned to a Limited Business District,
was read as follows:
"The Zoning Board also oetitions the ~ounc~l to rezone the
east one-half of block 74, w~ich lies directly west of Olock
82, from an Aoartment zone to a Limited Business zone, in order
that the change of zoning will be in the alley rather than in
the center of the Otreet."
After consideration by the Council it was agreed that
though the change in zoning should be in the alley through the
block rather than in the center of the Street, the need is not
at hand for the rezoning of the east side of this Street, which
is b~ilt up with small homes.
A motion was then made by Councilman Holland and seconded
by Councilwoman ~oehle that the above request of the Lonfng
Board be denied, until such time as property owners in th~s block
request it. Upon call of roll the motion carried unanimously.
The following Ordinance was then brought up for first read-
ing, and same was read in full:
AN ORDINANCE OF THE CiTY COUNCIL 0i~ THE CITY
OF DELRAY BEACH, PLACING WEST HAL~- OF BLOCK
82 (LOTS 1 - 12, INCLUSIVE), CITY OF DELRAY
BEACH, FLORIDA, IN "LIi~ITED B~SINmSS DtSTB'iCT."
Upon motion of ~ouncilman Holland, seconded by Councilman
Kabler, and unanimously carried, t he foregoing Ordinance was plac-
ed on first reading.
The following Ordinance was then presented for second and
final reading, 8nd same was read in full:
0RDI NCE G-l 4
AN ORDINANCE 07 i~HE CITY 'EOUNCIL OF THE
CITY OF DELRAY BEACH, r~LORIDA, PLACING
LOTS 7 AND ~, ~LOCK 7~, iN A GENERAL
BUSINESS DISTRICT.
BE IT 0RDAI~FD BY T-Wi5~, CITY 'COU~CIL 0F THE CITY OF DELRAY
BEACH, as follows:
Section 1: That the following descr~ibed propert~ in the
~.City ~ De'l~ay Beach, Florida, is hereby placed in a 'General
Business District', as defined by Chapter XX of the City Code
of the City of Delray beach, Florida, to wit:
Lots 7 and 8, Block 7~, according to plat
thereof on file in the Office of the Clerk
of the Circuit ~Court in and for Palm Beach
~Gounty, ~'lor~da.
Section 2: The City Building inspector shall, upon the ef-
fective date of this Ordinance, make the necessary change in col-
oring on the 0fficis! Zoning I¥iap of the City of tPelrayBeach,Flo-
rida, to conform with this Ordinance.
PASSED in Regular Session on second ~nd ginal reading on
this the 12th daN of January, 19~3.
ATTEST: /S/ Lowell D. Kern
/s/ Ruth R. Smith mayor
City Clerk
· ?
I2T , 19 3
1st Reading - December 2~?nd, 1952.
2nd Reading - January 12th, 19~3
Passed and Adopted - January 12th, 19~3
Upon motion of Oouncilman r~ab!er, seconded by Councilman
~ he foregoing Ordinance No.
Holland, and unanimously carried, ~
G-I~ was passed and adopted as read.
The following Ordinance w~s then presented for second and
final reading, sad read in full:
AN OhDINANOL CF THE CITY C0~NCIL 0~' THE CITY
07~ Df~LRAY BEACh, FLOHIDA, PLACING LOTS 16 AND 17,
BLOCK 97 IN 'GENE~iAL BgSINESS DIST~ICT. '
BE IT ORDAINED BY T~E CITY COUNCIL OF THE CITY OF DELRAY
~EACH, .~S ~DLLOWS:
Section 1: That the following described ~[operty in the 'City
of Delra~ ~each, Florida, is hereby placed in General Business
District as defined by Chapter XX of the City ~ode of the 'City
of Delray Beach, Florida, to wit:
Lots 16 and 17, Block 97, City of Delray Beach,
Florida, according to plat thereof on file in
the Office of the Clerk of the Circuit Court
in and for Palm Beach 'County, Florida.
Section 2: The City Building Inspector shall, upon the effec-
tive date of this ordinance, make the necessary change in color-
ing on the Official Zoning ~]ap of the City of De].ray Beach, Florida,
to conform with this ordinance.
PASSED in Regular Session on second and final reading this
the 12th day of ~anuary,
/S/ Lowell D. Kern
May or
aTTEST:
s ith
"City Clerk
( S~, ~L )
1st Reading: December 2£nd, 19~2
2nd Reading: January 12, 19~3
PASSED AND ADOPTED: January 12, 19~3.
Upon motion of Councilman ~acobs, seconded by Councilman l(ab-
let, and unanimously carried, the foregoing Ordinance No. G-97
passed and adopted as read.
An Ordinance to rezone Block 3, aouthridge Subdivision, Plat
No. 1, was presented for second arid final reading, and read in
.full as follows:
0RDIN~NCE NO. G-l~6
AN ORDINANCE OF ThE CITY COUNCIL OF T.~ CITY
OF DELR~Y BEACH, FLORIDA, PLACING ALL 0F THAT
'CERTAIN PROPERTY iN BLOCK 3, PLiiT N0. 1 OF
SOUTHRiDGE SUBDIVISION IN ~MANUFACTURING AND
INDUSTRIAL" DISTRICT.
BE IT ORDAIn!ED BY THE CITY COUNCIL OF THE CITY OF DELRAY BE.&CH,
AS FOIJ~OWS:
JANUARY 12TH, 1953
Section 1. That ~he following described orooerty in the
City of Delray Beach, ~lorida, is hereby place~ i~ "~anufactur-
ing and Industrial District" as defined by Chapter XX of the City
Code of the City of Delray ~each, F]~orida, to wit:
Ail of Block three (3) of Plat 1, $outhridge, a
Subdivision of the City of Delray Beach, Florida,
according to the ~lat thereof on file in the Office
of the 'Clerk of the Circ~it Court in ~nd for Palm
Beach County, Florida, as in Pl~t ~ook 13, page
Section 2. The City Build~ng Inspector shall, upon the effec-
tive date of this Ordinance, maXe the necessary change in coloring
on the 0fficisl Zoning i~ap of the ~ity of Delray Oeach, ~-'lorida,
to conform with this Ordinance.
PASSED in negular Session on second and final reading on
this the 12th day of January, 19~3.
/.S/ Lowell D. Kern
~ay o r
ATTEST:
/S/. Ruth R. Smith
City Clerk
(Seal)
let Reading: December 22, 19~2
2nd Reading: January 12, 19~3
Passed and .Adopted: January 12, 19~3
A motion was then made by Councilman Jacobs and seconded by
Councilman Kabler that the foregoing Ordinsnce No. G-l~6 be oassed
and adopted as read. Upon call of roll the motion carried unani-
mous ly.
An Ordinance to amend the Taxi-Cab Ordinance was then brought
up for second and final reading, and read in full as follows:
ORDINANCE NO. G-157
AN 0RDINA~CE OF THE CITY COUNCIL OF THE CITY
OF DELRA¥ BEACH, FLORIDA, A~ENDING CHAPTER X
OF THE CITY CODE OF DEI.RAY BEAC~, FLORIDA,
RELATING TO T~ REGULATION OF TAXI CABS AND
OTHER ~0TOR~_~'~"S.~.~ , BY PROVIDING FOR CERTIF?
iC~TES OF PUBLIC CONVENIENCE AND NECESSITY RE-
QUIREMENTS; AND PROVIDING ?ENALTY ARiD SEVERA-
BILITY SECTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF T~ CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
SE'CTION 1: That Section ~, Chapter X of the City (~ode
of the 'City of Delr~ Beach, Florida, be and the same is here-
by amended to read as follows:
"SECTION ~: CertiFicate of Publ.~ c Convenience and Necessity
Required: No person shall operate or permit
taxicab owned or controlled by him to be operated as a vehicle
for hire upon the streets of the City of Delray Beach, b~lorfda,
without having first obtained a certificate of public conven-
lence and necessity from the 'City Council."
SECTION 2: That Chapter X of the 'City Code of the Cit~ of
Delray Beach, Florida, be and the same is hereby amended by
the addition of the following numbered Sections:
"SECTION ~: _Application for Certificate: An application for
a certificate shall be filed with the City &oun-
cil upon forms provided by the City of Delray Beach, Florida;
and said application shall be verified under oath and shall
JANUARY 12TH, !9~3
be verified under oath amd shal] furnish the following informa-
tion:
(a) The name and address of the a~plicant.
(b) 'lhe financial stat~s of the applicant, including the
amounts of all unpaid judgments against the a.vpIicant
and the nature of the transaction or acts giving rise
to said judgments.
(c) The e×perience of the applicar t in the transportation
of ~assengers.
(d) Any facts which the applicant believes tend to prove
that public convenience and necessity require the gr~nt-
ing of a certificate.
(e) ~he number of ven:~cles to be operated or controlled
by the applicant or-d the location of ~oposed deoots
and terminals.
(f)i'he color scheme or insignia to be used to designate
the vehicle or vehicles of t~ae applicant.
(g) Ouch further information as the City .Council of the
~ity of Delray Beach, Florida, may require.
SE,dTION 7: PUBLIC HEARING: Upon the filing of an application
the City Council shall fix a time and place for
a 'public hearing thereon. Notice of such hearing shall be given
to t he applicant ~nd to all persons to whom certificates of ~ub-
lic convenience and necessity have been theretofore issued. Due
notice shall ~lso be given the general public by publication of
a notice of such public hearing at least one time in some news-
paper published in the City of De!ray Beach, Florida.
SECTION 8: ISSUANCE OF CERTIFIC.~TES: If the City Council
fimds that further taxicab service in the City
of Delray Deach, Florida, is required by the ~ublic convenience
and necessity and that the applicant is fit, willing, and able
to perform s~ch public transportation and to conform to the pro-
visions of this ordinance and the rules promulgated by the City
Council, then the 'City Council shall issue ~ certificate stating
the name and address of the applicant, the number of vehicles
authorized under said. certificate and the date of iss~nce;
otherwise, the application shall be denied.
In making the above findings, the City Council s~ll take
into consideration the number of taxicabs already in operation,
whether existing transportation is adequate to meet the public
meed, the probable effect of increased services on local traffic
conditions, and the character, experience, a:ud responsibility of
the applicant.
SECTION .9: TRANSFER OF CERTIFICATES: No certificate of
public convenience and necessity may be sold,
assigned, mortgaged or otherwise transferred without the consent
of the City Council.
SECTION i0: SUSPENSION AND REVOCATION OF CERTIFICATES:
A certificate issued under the provisions of
this ordinance may be revoked or suspended by the ~'City Council
if the holder thereof has (a) violated any of the provisions of
this ordinance, (b) discontinued operations of all taxicabs owned
o~ controlled by said holder for more than t~.irty days, (c) has
violated any ordinances of the 'City of Delray Beach, or the laws
of the United States, or the State of Florida, the violations of
which reflect unfavorably on the fitness of the holder to offer
public trens?ortation.
Prior to sus~.ension or revocstlon, the holder shall be given
notice of the proposed action to be taken and shall have an op-
portunity to be heard.
SE,CTION 11: EXISTING BUSIneSSES: Those persons, firms or
corporations presently operating and doing business and duly
licensed heretofore under this Chapter, shall be entitled to cer-
tificates of pu!~lic convenience and necessity for their business
a.nd the number of vehicles presently licensed by the City.
JAi~U~RY 12TH, 1953
SECTION 12: P~N~_TtEs: Any person violating any provision
of this ordinance shall be punished by a fine not exceeding
~100.00 or imprisonment not exceeding 30 days, or by both such
fine and imprisonment in the discretion of the ~;'~unicipal Court.
SECTION 13: SEVERA~iLITY: Each of the provisions of this
ordinance are severable, and if any provision shall be declared
to be invalid, the remaining provisions shall not be affected,
but shall remain in full force and effect."
PASSED in regular session on the second and final re~ding
on this the 12th da5, of January, A.D., 1953.
_/S/ Lowell ~. Kern
~ayor
ATTEST:
/S/ Ruth. R. Smith
City Clerk
( SEAL )
1st Reading: December 2~, 1952
2nd Reading: January 1£, 1953
Passed and adopted: January 12, 1953
Upon motion of fJouncilmam Kabler, seconded by Councilman
Holland, and unanimously carried, the foregoing Ordinance No.
G-l~7 was passed and adopted.
Upon motion of Councilma~ Holland, seconded by Councilman
~abler, and unanimously carried, Mayor Kern, Councilwoman Woehle,
and Councilman Jacobs were appointed to serve as members of the
Finance Committee for the current year.
City i~ianager Lovelace advised the Council that the term of
Mr. King S. ~Cone as a member of the Zoning and Planning Board,
had expired on January 1st, and that ~ir. Cone was willing to
serve for another term. A motion was then made by Councilman
Holland and seconded by Councilman Jacobs that ~¥~r. King S. 'Cone
be reappointed to serve on the Zoning sad Planning Board for a
three year term. Upln call of roll the motion carried unar~mous-
ly.
An agreement with the Florida East Coast Railway Co., oro-
viding for a crossing at aooroximately. N.~.n' 15th Street, was pre-
sented by the 'City Manager and read in full as follows:
THIS AGREE~,iENT, Made in duplicate this 12th day of January,
A.D., 1953, by and between SCOTT i~i. LOFTIN and JOHE W. i~ARTIN,
as Trustees of the property' of ~'lorida East .Coast Railway Com-
pany, and not individually, hereinafter called Trustees, and
CITY 0F DELRAY BEACH, a Flort~da municipal corporation (Address:
Delray Beach, Florida), hereinafter called the Second Party.
W I T E E S S E T H:
That the said Trustees, for and in consideration of the
covenants and agreements herein contained to be performed and
kept by the Second ~°arty, do hereby give and license unto the
said Second Party the right and privilege to use as a crossing
for public street crossing purposes only, that part of the right
of way and property of said Railway in the City of Delray Beach,
Palm Beach County, ~'lorida, at the location described as follows:
A parcel of land with uniform width of 70.0 feet north-
erly and southerly extending easterly and westerly across
the right of way and tracks of the Railw.~y at Lake Avenue
in Delrsy Beach, Florida, with longitudinal center line
located 3132 feet more or less southwesterly from the
h~ilway's i~iile Post No. 315 from Jacksonville, Florida,
said right of way of t~e Rai2way having a total width of
100.0 feet at this location, being ~0.0 feet in w~dth on
each side of the center line of the Ra~lway's northbound
~aln track
Ail as shown colored yello~ u~on blueprint of p~rt of the
Railway's plan V3-S19b, d~ted Januar~ 12, 19~3, sttached
hereto and made a part hereof.
T0 HAVE Ai~D T0 USE the said rights, privileges ~nd licenses
solely unto the Second Party until terminated as hereinafter pro-
vided.
In consideration of the ri~:hts, privileges and licenses her~-
by given by the Trustees unto the Sec:~nd Party, the Second rarty
coven,nts and agrees with the Trustees as follows:
1. '~'h~t said crossing sh~ll be used for public street cross-
ing purposes only across the Railwav's right of w~y ond tracks,
~nd no pipe, wire, rail or other line or struct~e shall be plac-
ed ~n or on said right of way or crossing without the pr~vlous
consent in wrlting of said Rsilw~y Tr~stees.
2. Second Party, ~t its expense, sh~!l furnish materS,I_
~nd labor for, ~nd shall construct ond mnintal n the port~ons
of said crossing extendi, ng from the limits of the rlght of
of the Railway on each side of its existing tracks ~o the
~I' ties tn said tracks ,nd sholl furnish ,nd place the requ5red
rock and asphalt m~teri,ls in the portlons of said crossing over
the ties and between the rails in said existing and any future
tr~cks of the R~ilw~y. a. R~ilway, at Second rarty's expense,
sh~ll furnish material and labor for, ~nd shall lnstall and m~in-
tain the now ties, ~rack rails and other track materials requir-
ed in said existing or future tracks. Oecond ~art7, at its ex-
pense, shall maintain said crossing excepting the portions there-
of located over the ties ~nd between the r~ils in said existing
or future tracks, w~cD portions of crossing shall be maintained
by and at the expense of the Rsilway. all work in connectlon
with such construction and maintenance by Second tarry shall be
performed under the supervision of sn authorized representative
of the Railway tn ~ manner ,nd with materials subject to
approv~ i.
3. Second ~art~' ~grees to relieve the Railway from ~ssess-
ments or~..sing out of the existence of s~ d crossing.
~. Second ~arty, at ~ts expense, will inst?ll and maintain
any necess,ry drainage fecilities required on account of the loc~-
tion and existence of said crossing, such installatlon, the ade-
quacy thereof for the drainage required and the maintenance there-
of are to be subject at all tlmes to the approval of the Railw~y's
~uthorized representnt:ive.
J. Second ~,rt~.~ sh~2l not t,ke any action tBot will prevent
or tend to prevent the operation of trains over s~id crossing.
$. 2'he 'orovisions snd stipulations of th~s ~greement 8re
part of the consideretion of the licensing of the ~bove privil-
eges ~nd crossing, ,nd in the event the Second Part~ shal2 f~51
to comply with ~ny of the covensnts and conditions, then this
license shnll be void and said described crossing shall terminate,
withf ull r~ght on the part of the Trustees and ~milway to
enter and repossess the same if they shall elect to do so.
7. Second Part~ hereby grants unto ~lorida East .~o~st R~ilway
.:Company and its Trustees ~11 necessary permits for the installa-
tion, construction, erection, repot and maintenance of any of the
facilities, work or fixtures mentioned or contemplated in and by
this ,greement, and Florido E~st Co~st Roilw~y ¢omp~ or its Trus-
tees sh~l'l give Second Psrt7 forty-eight (4$) hours' notice of
intention to perform any such ~nst~llation, construction, re~ir,
JA~UAR~ 12TH, 19%3
erection and maintenance.
8. This agreement is terminable by the Trustees, or their
successors or the assigns of the Trusteesh.~.p Estate, at their
option, upon the discharge of the Trustees as such, any f~xed
period of t~me or any other th~ng herein tc the contrary not-
withstanding, and in the absence of such cancellation, all rights
of said Trustees hereunder shall inure to the be~efit of their
successars or the a~signs of the Trusteeship Estate.
9. Sec~nd ~art~ agrees to bear all cost of the necessary
pole and wire line changes and to make arrangements d~rect with
t~e ~'~estern Union Telegraph 0ompany for such changes in ~ts line.
10. ~econd ~arty agrees to pay, upon the execution ~nd
delivery of this agreement to it, the ~ull amount of documen-
tary stamp taxes now or hereafter required to be affixed to
this instrument under the laws of the ~nited States of America,
State of ~'lorida, or both.
IN WITNESS ~HEREOF, the parties hereto have caused these
presents to be duly executed in duplicate, each the day and
year first above written.
Signed, sealed and delivered SCOTT M. LOFTIN and JOHN ~ M~RTi~
as Trustees of the property of
in the presence of: Florida East Coast Railway ~ompany.
( SE~
/S/ L. l,i. Jones By /S/ Scott i~. Lofttn
A~s to Trustees Trustees
CITY 0F DELR~Y BEACH, a Florida
municipal corporation (SEAl)
By~/S/ Lowell D. Kern
I~ayor
/S~ Robert Lovel~ce
/S/ Ralph A. Hughson
As to Second ~arty Attest: /S/. Ruth R. Smith
C[~ ~lerk
( SEAL )
APP ROVED:
/S/ Neal Ma cMille_n~
City Attorney
~r. Lovelace explained that this agreement was the same ss
had been executed for the ~.E. 1st Street and O.E. 4th Street
crossings and recommended its spproval. '~"he following Hesolu-
tio~ was then read:
RESOLUTION NO.
Upon motiom of Councilman ~sbler, duly seconded, the fol-
lowing reso!utio~ was unanimously adopted:
WHEREAS, in the ooinion of this City' Council of the City of
Delray Besch, a florida municipal corporation, it is deemed ad-
visable and necessar~ for the City of Delray~ Oeach to obtain from
the Trustees of Florida East Coast Railway ~ompany the right and
privilege to use the public street crossing p~rposes only that
part of the right of way and property of said Florida Esst Coast
Railway Company in the City of Delray Oeach, P~lm Beach County,
Florida, more particularly described as follows:
JANUA?.Y 12TH, 1953
A parcel of land with uniform width of 70.0 feet
northerly and southerly extending easterly and westerly'
across the right of way and trac~s of the Railway at
Lake Avenue in Delray ~each, Florida, with longitudi-
~~t~'~'~ine iocsted 313~ feet more or less 'south-
westerly from the Railway's 5lile Post No. 315 from
Oscksonville, Florida, said r~.ght of way of the Railway
having a total width of 100.0 feet at this location,
being ~0.0 feet ID width on each side of the center line
of the Railwdy's northbound main track.
Ail as shown colored yellow upon blueprint of part of
the Railway's plan V3-S19b, dated January 12, 1953
attached to said 8greement and made ~ part thereof;
v. ~ said Trustees have submitted form of contract
AND, WHeReAS,
between them and the C~ty of Delr~ Seach covering public street
crossing on s~id property st the location ~b~ described.
N0~, T~REFORE, BE IT RESOLVED BY the ~City Council of the
City of Delra~ Beach, ~ Florida municipal corporation, as follows:
1. Th8t the City of Delray Be~ch, a h~]orida municiodl cor-
potations, acting by and through its 5~ayor 8nd City Clerk, does
hereby agree to snd enters into an agreement with Scott ~;.Loftin
~nd John ~ ~rtin as Trustees of the property of ~']or~da East
· 9
Coast Railwa)Company, wherein and whereby the City of Delrsy
Be8ch, ~lorida, is given the right and privilsge to use for pub-
lic street crossing purposes only that part of the right of way
and propert~ of said FloridaEast Coast Railwa~ Company in ~h~
City of Delrsy Be~ch, st the location aforesaid, upon the condi-
tions snd te~s all as set forth and contained in proposed con-
tract, copy' of which is on file with the City Council of the
City of Delrsy Be~ch, and. by reference thereto made ~ part hereof.
2. That Lowell D. Kern, as M~yor of the City of Delray Beach,
Florida, with the attestation of I~uth R. Smit~, ss City Clerk, be
snd they are each authorized ~nd d~ected to execute s~id agree-
ment for snd on behalf of the City' of Delr~y Beach, Florida, and
to submit the same for execration by the Trustees of Florida East
Co~st R~!lw~y Company.
3. That this resolution shall take effect immediately upon
its passage.
STATE 0F FL0?~ID&, )
COUN~ 0F PAL~J: [~ACH, )
CI~ OF DELR4F BEACH.)
I, Ruth R. Smith, City Clerk of the City of Delray Beach,
a Florids municipal corporation, do hereby certify that the fore-
going is a true and correct copy of the resolution a~opted by the
~it) Council in session the 12th d8y of January, A.D., 1953, ss
the same appears of record in the public records of said City of
Celray Beach, Florida, in my offici8i custody.
/S/ huth R. Smith City Clerk
Upon motion of Councilman Kabter, seconded by Councilman
Holland, an~ unanimously carrie~, the foregoing Resolution No..~9
was adopted, as read.
A report from the Electrical Examining Bosrd was read, as
follows:
JANUARY 12TH, 19~
A motion was made by Councilman i~abler that the reco~nends-
tion of the Examining Board be accepteS, and that license be de-
nied Mr. Wysomg. The .~otion was seconded by ~ouncilwoman W~oehle,
and u~on call of roll ca,"rie~ unanimot~sly.
Bills totalins $ 12~,359.91 were a~proved for payment ~fter
approval of the FinanceCommittee, u~on mot~n of ~ouncilman Holland,
seconded by Councilman Ksbler, an5 unanimously carried.
i~ir. Charles H. Bsumbach, owner of £~roperty on Gleason Street, _
and several other property owners in ti~.s area, appeared before
the ~Council to also protest t he improvement of Oleason Street
at the beginning of t~e tourist season, lhey threatened to
file an injunction to stop such const~uction if it was planned
to begin work immediately.
City i,~anager Lovelace again explained that he :had not been
advised by the Contractor that he intended to start work on
Gleason Street, an5 assured i~r. Baumbach that he would get spe-
cific information the next morning, h~.s program, and approximate-
ly when he planned to start work, an5 how long it would take to
complete each street. He again stated that he would request the
Contractor to put Gleason Street last on the list, in order not
to interfere with the renting season, and tc maintain traffic
at all times ss much as possible.
'~'he meeting then adjourned.
CitN Cl~rk
APPROVED:
~ayor