02-09-53 FEBRUARY 9TU, 1953
Regular meeting of the City Council of the City of Delray
Beach was held in the Co~ncil 6hamb~'rs at 7:30 f~.f~i, with
L. D. Kern in the Chair, an~ City Attorney Nell E. ~,~c~'~]llan,
~:Cits, fvlsnager Robert Lovelace, a~. the following (;ounc~lmsn pre-
sent: R. J. Holland, V~:. A. Jacobs, and John N. Kabler, a quor~
being present.
Uoon motio~ of Councilman Jacobs, seconded by Councilman
Holland, and unanY_mously capried, minutes of meeting of January
26th were ~pmroved as written.
~'~itb. reference to the dedfcation of the N. 5' of the ~est
~/2 of Lot 1~ and all of Lot 19, Block 1, and the if. ~' of Lots
1 and 2, Block 2, Ocean 'ark ~ubdivisio~, Jm conn,~tlone~ with
Atlantic Avenue improvements, the following letter from Attorney
J. ~. ~owlin, representing ~!elville F. ~iiley, Jr. and Aleida N.
Riley, his wife, was read by the City ~2anager:
"January, 30, 1~3
~1r. Robert Lovelace, ~ity i~snager
City of Delr~ Beach
>'lorida
Dear ~,'~r. Lovelace: In re: ~elville ~'. Riley, Jr.
and Aleida i'~.liley,h~s wife.
Pursuant to our conversation of January 28th we are listing
the requirements of ~l. lr. and ~rs. Riley in connectior~ with the
conveyance to the City of Delray Beach of additional ri~t-of-
way on Atlantic Avenue.
~lr. and i~rs. Rile~ are requ' 'ng
, mr.~. the following:
1. An official acceptance of the right-of-waU deed by the
City Cooncil of the C~_t7 of De!ray Beach.
2. Certified copy of excerpt of the City Oooncil of the
City of Delray Be~cb showing that the sd joining property owned
by the iiileys will not be assessed for any improvements in con-
nectfons with the widening, grsdimg, pa~ng smd c~bing of Atlan-
tic Avenue, and the install.ation of beautification strip sn~ side-
walk.
3. Certified copy of excerpt from Board of County Commission-
ers showing that no cost of the above described improvements will
be assessed against the ~djoining property owned by ~,.r. and
Alleys. Certified copy of excerpt From ,,~mnuoes'~' ~ of the City Council
showing that the Cit~, of Delra~ ~each agrees to replace the side-
walk adjoining the Alley's property within one week after removal
of the old sidewalk is commenced, and that the sidewalk will be
replaced along the entire Riley ~roperty to a width of ei~jht feet
From the beautification st-rip to the Riley building.
Very truly yours,
N~7.A~L IN &
~Y: /S/ J. ¥~. Nowlin
The two deeds referred to in the Foregoing letter were then
read by the City ~ttorney%
~lr. Nowlin stated that ~r. and ~;,'~rs. Riley wanted assurance
that the 'Council will accept these deeds when tendered, with t~
orovisions contained there~n, so they will know that, the City will
then assume liability. He explained the provisions in detail,
which were acceptable to the Council, and upon motion of Council-
man Holland, seconded by Councilman ~(abler, and umanimoosly carried,
the deeds were acce~ted as submitted.
in compliance with request contained in the foregoing letter
the following statement was approved:
The City Council of the City of Delray Beach hereby agrees
to replace the sidewalk a~joining the ~-roperty of ~,~elville
Riley, Jr. and Alieda ~. Ril~v. his wif~ ~h~r~'~eSgt~at
removal of the old sidewalk z~'commencem~
the sidewalk will be replaced along the entire Riley Droperty
to a width of ~' from the beautification strip to the building.
A letter from the Building Inspector with reference to a
req)~est filed by ~ir. R. J. Fleming, for permit to construct an
awning car-shelter on h~s property, w~,,~read ~s follows:
"January 2~, ~9~3
City ~ansger,
~emb~rs of City Oouncil,
Delray Beach, Florida
Gentlemen:
~,~r. Robert Fleming h.~s asked me to present this preliml-
n~r~ applics~tion for building permit to you for your aDproval
or your disapprovsi for a deviation from the zoning ordinance.
It is to be a temporary canvas 8nd pipe sun shade for the
protection of ~car, to be placed in the 30 foot front set-back
on lot 10, block 8, Rio Del Hey subdivision.
it shall be dismantled during the s~mmer season ~nd replac-
ed again next December for ~r. Fleming's tenant.
Very truly yours,
/S/ Ralph A. Hughson
Building Inspector"
City I~nager Lovelace explained that application hsd f~rst
been made for permit to erect ~ car-shelter on a v~c.~nt lot just
north of i~r. Elemming's home, to e×tend to the sidewalk line.
This would be in violation o~ two provisions o~ the Zoning Ordi-
nance -
1. Req~.~irement of cor~.atruction of main struct~zre
bef.~re .~n auxiliary b~ilding,
2. Set-back restrictions.
~Ir. Lovelace felt that this shelter ceu!d be out on the
rear of the Droperty which would meet all requirements, other-
~ Z '
wise the reouest must be referred to the onzng ~osrd ~or recom-
mendation.
Councilman J~cobs content~ed that an awnir~g could r. ot be con-
sidered a building, ~nd a person should not be denied the ~r~v!l-
ego of erecting such an awnlr~g on his own property.
After ft~rther discussion, a motion w~s made by 'Oouncilman
Kabler, seconded by ~ounc~lman Holland, to reEer the request to
the Zoning and ?lanning Boar~ for cor~sideration of a special per-
mit to deviate from set-back requirements. Upoa c~ll of roll the
motion c~rried.~a.'~'~ or ~ern and 0ounc!lmen Holland and ~ab!er
voted in f~vor of the motion, and Councilm~ ~acobs voted 'No'. -
City ~'~anager Lo~,~elace then oresented two b~ds rece~,~,red for
furnishing [00' of r'ire Hose, asfollows; and recommended pur-
ch,~se of Flexfold ~ose.
BiI~ater~l - [~ 1.~ Der foot
Flexfold - 1.$3 ~'' ~
A motion was made by Co~nc~lman Holland anc~ seconded by
Councilman Kab!er that the ~urcbase of ~00' of ?lexfo!d fire
hose at ,~1.83 ,yen foot be ~uthorized as recommended. Upon csll
of roll the motion carried un~nimous!y.
Uoon motior~ of Councilm~n Holland, seconded by Counc.~.lm~n
h_~blor, and unsnimously carried, request for transfer of license
to sell beer at Pryor's S~ndries, 412 ~¥. ~t].~ntic Ave., from
~,,mwar Conyer to ~rk 0'Neal, was approved.
City ~,~an~ger Lovel.;~,ce at, vised t.?~e Counc~_l that bids on ~ater
Pipe, Valves, Hydrants, Pit~.,~r~gs, ~nd V~lve ~oxes had been receiv-
ed at 2:30 P.~i. on Pebru~r~ [th, ~t which time they were opened
by the City ~'~anager i~ the prese~'~ce cf ~'~r. t~red Ch~pmsn, repre-
se~ting Smith ~ G~llespie, ~onsulting Engineers, the City Olerk,
snd several represent,~tives of t~e bidders. ~ids were t~en re-
fePred tc Smith ~ Gillesp[~ fop tsbulation and recommendation,
whlch were filed ss go!!ows:
"?ebru_~ry 6, 19~3
Honorable
a~d City Commission
City of Delray Besch
De!ray Beach, Florid~
Attention: ~r. Robert A. Lovel~ce, City ~[~nsger
Subject: Bi~s Pot ~ter Supply
Gent] eme~:
~t~e h~ve t~bu~ted the b~d~ ~eee~ve~ ~o~
w~t~ retu~ t~e~e b~d~ with ~ copy o~ t~:~s t~bu~at~o~.
ed ~s Psrts ~A", ~B~, ~C~, and "D
A summ~ry of the totsl bids for tart "A" is as follows:
J~mes b. Cl. ow and Sons
)~i~minghsm, Alabsma ~ 10~,~21.20
~'~cWane .G~st !ron Pipe 0ompany
~irmingham, Alabama 107,310.00
0fane ~Comp~ny
Ylest Palm Besch, f'lorida 10~,02~.$0
Davis ]~.eter Repair & Supply
Thomasville, Georgi~ 108,02~.~0
U. S. Pipe & Foundr~ Co.
Birmingh~m, Alabama 10q. 0~.~0
American Cast Iron Pipe Co.
Birmingham, Alabgma 10~ ,;$~0.20
We recommend aw~r~ to the low b~dder, James B. Clow ~nd bons,
Birmi nghgm, Alab,gma.
A s~mmary of the bids received for P~rt "B" is a~ follows:
F!or~d~.Vslve & Fitting
Orlando, ?'lorid8 ~ 13,012.~3
5'~ ~ H Valve &~ ~'ittings Co.
Anniston, Als. hams 13,517. ~0
~ueller ~Company
Dec~utr, Illinois
Cr~ne Comps ny
West. Palm Besch, Florids 1~,680.~2
R. D. ';~cod Company
~ hilsdelphi~, Pennsylv~ni~ 1
Rensselaer Valve Oomp~ny
Troy, New York 1~,77~.~0
There is so~e doubt, from the bid proposals as to the size
of the va!ye openings of the fire hydrants quoted by the two
].ow bidders, viz., the P'lorida Valve & Fitting Co. ana~ the Ni & H
Valve ~ ~-ittings Co. The specifications require fire hydrants
with ~ ~-1/2" valve opening. '~e ~ave requested each of the low
bidders to furnish the City wit,h a letter stating the size valve
opening on which their fire hydrant biU -~s based. In the event
each of these two low bi~Uers has quoted ~ ~-1/~~ valve opening,
the low bidder for P~:~rt ~B~ ~sing the fire hydrant specified will
be the ~iueller Company. ~he ~iueller Comoany offers an alternate
bid for furnishin~ hydrants with [~-1/~" valve openings which is
in the amount of' ~12,9~0.11. 0 r re'commendation for award of
F~rt ~B~ will be made by te!eph~ns or telegraph to .the City ~.nager
on February 9, 19~3, after we ~ave been advised by the two low
bidders as to the basis on which their bid was submitted.
A summary of the bids received for ~srt "C~ is as follows:
James B. Clew and Sons
Birmingham, Alabama . ~6,339.22
American Cast iron Pips Company
~rm~ngham, Alabama (Partial Bid)
Rensselaer Valve Company
Troy, New York (Partial Bid) 1,057.30
Total of combination bid 6,619.2~
U. S. Pioe& J~o~n~ry Company
Birmingham, Alabama (Partial Bid) ~,770.~9
Rensselaer Valve Compsn~r
Troy, New York Partial Bid) 1,0J7.30
Total of combination bid ~ 6,$27.89
~e recommend award of Part #lC~ to the low bidder, James B.
Clew and Sons, Birmingham, Alabama.
A summary of the bids received for Part ~D~ is as follows:
~'lorida Valve & ~itting Co.
Orlando, ~'lorida ~ 770.75
~]uellsr Company
Decatur, illinois ~82.00
Davis ~{eter Repair & Supply 'Company
Twomasv~lle, Georgia 8.$9.35
~ & H Valve & i~ittings Company
Anniston, Alabama 1,~74.00
The ?lorids Valve & Fitting Co bi~ for Part ~D~ is quali-
fied in that this company will not Jccept award of Part ~D" un~
less also awarded Fart "B".
In the event tb~t Part "B~ is awarded to t he Florida V~lve
&~ Fitt~ng Co., we r~cormmend that award of P~t ~D~ be made to
this company also. In the event that Part ~B~ is not awarded to
~lorm~_ V~,lve & ~itting Co , we recontmend award of Fart ~D~ to
the ~ueller Company of Decatur, Illinois.
Our ~r Chapman will personally present and e×pla~n t!~ese
tabolations and recommendations.
Ass~ring you of our continued cooperation,
Yours very truly,
S~¥~iTH AND G!LLESPIE
./S/ Wylie ~. Gillsspie"
27
97H, 953
Upon motion of Councilman Holland, seconded by Councilman
Kabler, and unanimously carried, the low bid of James B. Clow &
Sons, of Birmingham, Alabama, to furnish pipe as specified, was
accepted in the total amount of $ 105,521.20, as recommended.
The tabulation showed that the low bid submitted by the
Florida Valve & Fitting Co. for Valves and Hydrants provided 4,~'
valve openings, which would not meet the specifications of 4~' valve
openings, therefore it was recommended that the second low bid, sub-
mitted by the M & H Valve Co. of Anniston, Alabama, be accepted,
in the total amount of $ 13,617.60.
Upon motion of Councilman Holland, seconded by Oouncilman
Kabler, and unanimously carried, the bid of the M a H Valve Co.
for Valves and Hydrants, in the amount of $ 13,617.60, was accept-
ed.
Upon motion of 0ouncilman Holland, seconded by *ouncilman
Kabler, and unanimously carried, the bid submitted by James B.
Clow & Sons, for fittings, etc., in the total amount of $ 6,330.22,
was accepted as recommended.
The low bid of $ 770.75 submitted by the Florida Valve Co.
for Valve Boxes, contained the provision that they would not
accept this contract unless given the contract to furnish Valves
and Hydrants, therefore it was recommended that the second low
bid of the Mueller Co. of Decatur, Illinois, in the amount of
$ 882.00 be accepted. If contract is not accepted by the Mueller
Co. it was recommended by the Consulting Engineers that the contract
be given to the Davis Meter Co. in the amount of $ 889.35.
A motion was then made by Councilman Kabler and seconded by
Councilman Holland that contract for Valve Boxes be awarded to
the Mueller Co. in the amount of $ 882.00, and if not accepted
the contract then be given to the ~avis ~eter Co. in the amount of
$ 889.35. Upon call of roll the motion carried unanimously.
City Manager Lovelace presented a Chamber of Commerce bill
for approval, payable to the Geo. Evans Co. in the amount of
$ 1,932.68, covering 10,000 three-color brochures.
Upon motion of Councilman Holland, seconded by Councilman Kab-
let, and unanimously carried, the foregoing bill was approved for
payment, to be charged to the Chamber of ~ommerce advertising
account.
The following Ordinance was then brought up for second and
final reading, and same was read in full:
ORDINANCE NO. G-159
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, PLACING THE WEST 170 FEET OF
THE NORTH ONE-H~LF OF MUCK LOT 16~, EXCEPT THE
NORTH 110 FEET THEREOF, CITY OF DELRAY BEACH,
FLORIDA IN 'APARTMENT HOUSE DISTRICT.'
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, AS FOLLOWS:
Section 1: That the following described property in the City
of Delray Bsa'ch, Florida, is hereby placed in 'APARTMENT HOUSE DIS-
TRICT' as defined by Chapter XX of the City Code of the City of
Delray Beach, Florida, to wit:
ALL the west 170 feet of the north one-half of Muck Lot 16~,
except the north 110 feet thereof, Delray Beach, Florida,
according to the 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 18, page 47-
Section 2: The City Building Inspector sbA1, upon the effec-
tive ~ate of this ordinance, make the necessary change in coloring
FEBRUARY 9TH, 1953
on the Official Zoning Map of the ~ity of Delray Beach, ~lorida,
to conform with this ordinance.
PASSED in Regular Session on second and final reading on
this the 10th day of February, 1943.
./S/ L. D. Kern
Mayor
ATTEST:
/S/ ~uth R. Smith
City Clerk
(~SEAL)
1st Reading: January 26, 1953
2nd Reading: February 9, 1953
PASSED & ADOPTED: February 9, 1953..
A motion was made by Councilman Jacobs and seconded by
Councilman Holland that the foregoing Ordinance No. G-159 be
adopted as read. Upon call of roll the motion carried unani-
mously.
A survey of lots which are in violation of Ordinance'No. G-147,
as prepared by the Fire Chief, was filed with the Council, as
follows:
'February 7, '53
PROPERTY TO BE CLEARED, CITY OF DELRAY BEACH,
FLORIDA IN ACCORDANCE OF ORDINANCE G-l~7
ORD. G-147 &
OWNER LOT NO. BLOCK NO. ,sE.ct v.Io.,
0. D. Priest, Sr. 8 54
Box 314, City. Heisley Estates 2-3
Paul E. & Eleanor N.Gringle 4
Box 4J,~8, City 12 Osceola Pk. 1-3
J.P. & Marie Robertson
9033 N. Lake Dr. 0sceola Pk.
Milwaukee, Wis. 9,10 4 1-3
~C. B. Houston, II
Spring Oak Farm Ocean Breeze
Box 190,~oodstock,Va. 18 Estates 1-3
Frederick Chas. & Ester Muddiman
1st Nat'l Bank Ocean Breeze ~
Hollywood, Fla. 16 Estates 1-3
Ralph S. & Anita B.Sollitt
% Sollitt Oonst. Co. Ocean Breeze
South Bend 24, Ind. ll Estates 1-3
Anna Webb Petter
Blandville Rd. ~ce~n Breeze
Paducah, Ky. 12 Estates 1-3
Lucy MacLeod & H.A. Helm Seagate
Box 1916, ~City~ 1,2,7 2 2-3
Spencer H. & Nancy M.Logan
Box 428 Seagate
Great Barrfngton,Mass 5 3 2-3
Ernest L. & Ruth Keppel
3005 ~Iarshall St. Seagate
Richmond, Va. 8 3 2-3
Mrs. J. W. Wiesse
203 Gregory Ave. 1 Seagate 2-3
West Orange,N.J. 4
FEBRUAHY 9TH, 1953
John J. & Frankie M.Mires
Box 786 Seagate
Deland, Fla. 2 ~ 2-3
Lucy MacLeod ~& H. A. Helm Seagate
Box 1916, City 3,~,5 4 2-3
Frank J. Kelly
111 Greenboro Lane Seagate
Pittsburgh 20,Pa. 6,7 4 2-3
Willard M. Waters Seagate
Seaspray Ave.,City 8 4 2-3
Porter Fearey,Jr. Seagate
Box 633, City 1,10 4 2-3
Lucy MacLeod & H. A. Helm Seagate
Box 1916, .Oity 1 5 1-3
Pauline P. Williams
% Fred A. Williams
Cannon Mills, 70 Seagate
Worth St., NYC 6 10 1-2-3
Spencer H. & Nancy M. Logan
Box 428 Seagate
Great Barrington,Mass 1 10 , 1-2-3
Lucy MacLeod & H. A. Helm Seagate
Box 1916, City 2,3,4 11 2-3
Lucy MacLeod & H. A. Helm Seagate
Box 1916, City 4 12 1-2-3
Lucy MacLeod & H. A. Helm Seagate
Box 1916, City 4,5 13 2-3
Erwin Streahley, Jr.
5949 Salem Rd. Seagate
Cincinnati 30,0hio 2 14 2-3
Lucy MacLeod & H. A. Helm Seagate
Box 1916, City 2 15 2-3
Laurance H. & Ida B. Young
Box 333 Seagate
BI oomingt on, I 11. 3 15 2- 3
Walter & Elsie A. Dietz Seagate
Delray Beach,Fla. 4 15 2-3
Lucy MacLeod & H. A. Helm Seagate
Box 1916, City 5 15 2-3
Hal R. & Burdeen Sheaffer
412 N.Y.Blvd. Seagate
Sea Girt, N.Y. 6 15 2-3
fOlark & Augusta C.Hungerford
25 Picardy Lane Seagate
Clayton, Mo. 3 16 2~3
Thomas F. & Dorothy E. Brown
120 Broadway, Rm. 2536 Seagate
New York, N.Y. 8 16 2-3
Mrs. L. F. Carvey 0sceola
Box 1121, City 10,11 12 1-3
Chester Newman Co.
247 McGrath Hwy. Reid Village
Somerville 43, Mass. 4 H 1-3
FEBRUARY 9TH, 1953
Wm. Rans dell
W. Atlantic Ave. ,City 15 89 1-3
Yvonne H. Famel
Sandy Loam Farm,Box 2731
West Palm Beach, Fla. 19 105 1-3
Mrs. A. R. Bates
Box 554
Eau Gallie, Fla. 9 40 1-3
Ocean City Lumber Co.
Delray Beach, Fla. 5,6,7,
8i
9,1o 53 1-3
Wm. Disston
% Liberty Title & Trust
Broad & Arch Sts. Osceola
Philadelphia, Pa. 10 7 1-3
Bertha Grausso
'A~empe Wick Road Osceola
Morristown, N.J. 11 7 1-3
Inez C. Morgan Osceola
Box 384, City 19,20 8 3
John L. Galli Osceola
Box 594, City ' 21,22 8 3
Respectfully submitted:
/$/ John R. Gregory
Chief
Fire Department~
The following Resolution was then presented:
RESOLUTION NO. 891
A RESOLUTION DECLARING CERTAIN LANDS IN
THE CITY OF DELRAY BEACH, FLORIDA, TO
CONSTITUTE A NUISANCE IN VIOLATION OF
ORDINANCE NO. G-147.
WHEREAS, Ordinance No. G-147 of the City of Delray Beach,
Florida, declares all lands in the City not kept free from debris,
vegetation (including trees) or other matter, which may become a
danger in time of hurricane, and from weeds exceeding a height of
18 inches, and from filth and trash, constitute a nuisance; and
WHEREAS, pursuant to said Ordinance, the Chief of the Fire
Department of Delray Beach, Florida, has made a survey report,
in writing, to the City Manager, describing certain lots or
parcels of land in said City wherein conditions such as speci-
fied in Sections 1,2 and 3 of said ordinance exist; mud
WHEREAS, the City Council of Delray Beach, Florida, after
consideration of said survey report, is of the opinion that a
prima facie case showing the following lands constitute a n6i-
sance within the provisions of Sections 1, 2 and 3 of said Ordi-
nance i~o. G-147, has been made:
NOW, THEREFORE, BE IT RESOLVED that the existence of a nui-
sance be, and the same is hereby declared, upon the following de-
scribed lots or parcels of land for violation of the provisions
of said Ordinance No. G-147, as specified after each description,
and the City Clerk of the City of Delray Beach, Florida, is di-
rected to furnish the owners of each parcel of land, as herein-
after set forth, a notice in accordance with Section 5 of said
Ordinance, and that the City Council will sit on the 24th day of
February, at 7:30 P.M., at the City Hall in Delray Beach, ~lorida,
FEBRUARY 9TH, 1953
for the purpose of allowing said owners to show cause, if any
they can, why said nuisance should not be abated.
(Here appears list of property as submitted
in Fire Chief Gregory's report)
APPROVED this 9th day of February, A.D., 1952.
/S/ L. D. Kern
Mayor
ATTEST:
City Clerk
(SEAL)
Upon motion of Councilman Kabler, seconded by Councilman
Holland, and unanimously carried, the foregoing Resolution No.891
was passed and adopted.
A plat of atract of land in Section 8, to be known as 'Chevy
Chase Subdivision, Walter J. Seymour, Developer, was presented
for final approval.
City Manager Lovelace explained that .this was a part of a
tentative plat previously approved by the Council, and that. no
changes had been made. He recommended approval of the Plat.
Upon motion of Councilman Holland, seconded by ~Councilmm~
Kabler, and unanimously carried, the Plat of Chevy Ohase Sub-
division was flnAly approved as requested.
City Manager Lovelace then presented a tentative plat of a
Subdivision of a tract of land in Section 20, lying west of So.
Swinton Avenue, and south of S.W. 7th Street, R. O. Priest, de-
veloper. He advised that the width of the Streets and the size
of the lots shown were satisfactory, and recommended tentative
approval of the Plat.
Councilman Jacobs felt that an alley should be provided
between lots facing on two streets, although provision was made
for a utility easement.
After discussion, a motion was made by Councilman Kabler
and seconded by Councilman Holland, that the Plat be tentatively
approved as submitted. Upon call of roll the motion carried
unanimous ly.
Upon motion of Councilman Holland, seconded by Councilman
Kabler, and unanimously carried, bills totaling $ 71,010.64
were approved for payment, after approval of the Finau ce Com-
mittee.
The meeting then adjourned.
City Cl~r~
APPROVED:
Mayor