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04-13-53 APRIL 13TH, 1953 Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P.M. with Mayor L. D. Kern in the ~Chair, and City Attorney Nell E. MacMillan, City Manager Robert Lovelace, and the following Councilmen pre- sent: R. J. Holland, ~%. A. Jacobs, John N. Kabler, and ~rs. Alma K. Woehle, a quorum being present. Upon motion of Mrs. ~oehle, seconded by Councilman Holland, and unanimously carried, minutes of the meeting held l¥~arch 23rd were aOproved as written. Mayor Kern asked for any public requests, but there were none. Proof of publication of Notice of Public Hearing to consider application for Certificate of Public Convenience and Necessity, filed by Madeline ~. ~halen, operating as the Airline Taxi, on ~,arch 23rd, was read by the Clerk as follows: Public Notice is hereby g.iven pursuant to Section 7.of 0rdi- nance No. G-157 of the ~City of Delray Beach, Florida, that a pub- lic hearing will be held Monday, April 13th, at the hour of 7:.30 P.M. at a regular meeting of the City Council of the City of Del- ray Beach, Florida. The purpose of said hearing is to consider the application of Made].ine Whalen, operating as "Airline Taxi" for a Certifi- cate of Public Convenience and Necessity for the operation of an additional (one) taxicab in the City of Delray Beach, Florida. The public is invited to be present at said time and place, and to express themselves thereon. 'CITY 0F DELRAY BEACH, FLORIDA BY: L. D. Kern Mayor ATTEST: Ruth R. Smith City Clerk Publish 3/26/53 THE DELRAY BEACH JOURNAL DELRAY BEA~CH, PAt,~ BEACH COUNTY, FLA. STATE OF FLORIDA COUNTY OF PALM BEACH: Before the undersigned authority personally appeared Robert L. Britt, who on oath says that he is Ed~..tor of the Delray Beach Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a Legal Notice in the matter of Notice of Public ~earing Section 7, waspublished in said newspaper in the issues of March 26, 1953 Affiant further say~ that the said The Delray Beach Jounnal is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continu- ously published in said Palm Beach County, Florida, each week and has been entered as second class mail matter at the postoffice in Delray Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund £or the purpose of securing this advertisement for publication in the said newspaper. /S/ Robert L. Britt ( S AL ) APRIL 13TH, 1953 Mr. John F. ~halen addressed the Council. He stated that he h_~d been operating with one cab for 90 days, and had found it difficult to carry on his business without one additional <nab. He planned to install two-way radios if this application is approved, and read a letter from the Public Utilities Commission gra. nt~ng such a permit if acceptable to the C~ty Council. ~r. Whalen al. so filed a list of satisfied customers and stated that. he had beem obliged to turn down business, or ask customers to wait, because of h~s lack of equipment. ~ith one additional cab and rsdlo equip- ment, he felt he would be able to ~mprove his service and take care of his customers. Attorney Robert C. Ghlotto, representing the Palm Taxi Co., addressed the Council. He contended that his client wes not op- posed tc competition, but felt that people already established in the City ~re entitled to some protection. The Palm Taxi Co. has had six cabs licensed during the season, but has only operated four beck. use business did ~ot warrant operating the other two. At t~:is time, going into the summer .~e~son, they ~re considering putting two of the four into storage on the 15th of April. Unless some need for the benefit of the public is proved, he believed that the Coun- cll should not grant an additional permit to the Air Lioe Taxi. 5~r. Ghietto also brought out the fact th~.t N~r. Wh~.len operates his business from his home, wh~le the Palm T~x! Cc. ma-~rtains a business office, also that he operates a 1939 car, and that he should try tc improve the type of service he is g~ving h~s custom- ers before increasing the number of cabs. ~r. Whalen replied that he had attempted to rent a business off~ce, and wgs at the present time try'~ng to purchase property on the Federal Highway, between At!antic Ave. and 8th Street for a oerm~nent location. He exp]alned thgt he was unable to solicit bus~ness with only one cab, that other Taxi Companies had always h~d at least two cabs, and he felt he could operate another car with utmost efficiency. Only 25~ of h~s customers are tourists, !~r. ~¥h~].en stated, and by installing r~dfo equipment he could op- erate two c~bs to fullest capacity, on a competing basis w~th other Companies. Councilm~n Ho].l~nd suggested th_~t a special meeting be held, and the signers of the list of clients filed be asked to testify in person. The City Attorney, however,, stated that there was no reason to assume that the signatures were not true signatures, and l~r. Whalen offered to explain his relationship with each signer, wh] ch the ~)ayor asked him to do. ~r. ~ha!en outlined in detail the service given to each signer. A motion was then made by ~.~ouncilman ~acobs that one addition- al Certificate of Public Convenience and ~' ~ · ,~e~essity be granted to the Airline Taxi as requested. The motion was seconded by Souncllman Kabler, and carried unanimously. Proof of publication of Notice of Public Hearing to consider a proposed Charter Amendment giving the City Council 8uthorlty to appoint a Planning Commission, was read as follows: Hearing was then held, but no objections to the proposed amendment were filed. City Attorney ~lacMillan explained this would give the council the power to appoint an official Planning Board, if it wished to, which would be separate from the Zoning Board, and which would be regulated by Ordinances, and serve in an advisory capacity to the Council. As there were no objections ftle¢l, the following Resc!ution was presented, and same was read in full: RE~0LUTION NO. 896 RESOLUTION TO E~P0~ER AND ~TH©RIZE THE CITY COUNDIL OF T~wE_ CITY OF DELRAY BEACH, FLORIDA, TO PLAN, ZONE AND REGULATE THE ~RE~S ~ITHIN ITS CORPOR~TE LIMITS AND TO ESTABI~ISH A PL~i,~ING BOARD, TO PROVIDE FOR THE i~ANNER O? ITS APPOINT* ~ENT, AND TO DEFINE ITS PO~ERS AND DUTIES. WHEREAS, the $ity Council of the City of Delray Beach, Flor- ida, have heretofore authorized the City Attorney to prepare a certain proposed °pecial or Local law for submission to the 1953 Session of the Legislature, the general nature of said law to authorize creation of a Planning Board; to provide for its manner of appointment; and generally defining its powers and duties, and WHEREAS, notice of pubIic hearing, as req~ired by Section 191 of the City Charter of Delray Oeach, ~']~orida, has been duly publish- ed, and WHEREAS, said hearing has been held ~ comp].iance with the Charter provisions, ~nd no objections were ~ade to the proposed legisl~ti on, and WHEREAS, said proposed legislation has been duly considered by the ~!ty Council: NOW, THEP~FORE, BE IT RESOLVED: 1. That the following proposed Special or Local Law, as 6! APRIL 13TH, 1953 hereinafter described by its caotion, be and the same is approved: "AN ACT TO AMEND SECTION 7, SUB-PARAGRAPH (18) OF CHAPTER 25786, LAWS OF FLORIDA, SPECIAL ACTS OF 19!~9, T0 E~.POWER AND AUTHCRiZE THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO PLAN, ZONE, AND REGULATE THE AREAS WITHIN ITS COFd°0RATE LIMITS AND TO ESTABLISH A PLANNING BOARD, TO PRO- VIDE FOR THE ~ANNER OF ITS APPOINTMENT, AND TO DEFINE ITS POWERS AND DUTIES." 2. That the City Attorney be and he is hereby authorized and instructed to publish Notice of Intention to submit said proposed Bill to the 1953 Session of the Legislature, as required by State Law, and thereafter to submit same to t he Legislature. ~ PASSED this 13th day of April, 1953, by the City Council of the City of Delray Beach, Florida. /S/ L. D. Kern ' l~ayor ATTEST: fa/ Ruth R. Smlth City Clerk ( Seal ) Upon motion of Councilman Kabler, seconded by Co~]nc~lm.~u Holland, and unanimously carried, the foregoing Re~olutfon No. ~96 was adopt- ed. ~City ~ianager Lovelace then read a reconzmendstion of the Zon- ing and Planning Board with reference to a request for the rezoning of Lots 13-20, inclusive, Delray Manor Subdivision, which had been referred to this Board for consideration: (That the request for rezoning Lots 13 - 20, inclusive, Del- ray Manor Subdivision, from a ~esidence "B" to a Residence '"C" zone be de~ied, as it would create spot zoning, and would be in conflict with the recommendation of the Planning Asso- ciation, which is opposed to the down-grading of zoning.) Mr. Lee Vance, one of the petitioners, submitted s sketch of the proposed Subdivision, and pointed out that these lots adjoin County property on the west an8 on the south, where there are no zoning restrictions. He stated that he and ~ir. Pope planned to build attractive but small houses which could be sold for $6,000.00, and they felt there is s demand for this type of small home. T~ "B" zone requirement of 896 sq.footage of floor area would prevent them from building a house to sell at this pri~e. Councilman Jacobs did not favor lowering restrictions on Germantown Road, and moved that the recommendation of the Zoning and Planning Board to deny the request for changing the zoning of Lots 13-20, Delray Manor from a Residence "B" zone to a Residence "C" zone be approved. The motion was seconded by Nir~. Woeble. Upon call of roll the motion did not carry, the vote being as fol- lows ~- Mayor Kern - No Councilman Holland - No " Kabler - No " Jacobs - Yes Mrs. ~oehle - Yes A motion was then made by Councilman Kabler, and seconded by ~Councilman Holland, that the request filed by ~r. Lee S. Vance and Mr. Albert Pope, to rezone Lots 13-20, Delr~y Manor as a Residence "C" zone, be granted. Upon call of roll the motion carried, Mayor Kern, and Council- men Holland and Habler voting in favor of the motion, and Councilman AP~L 13TH, 1953 Jacobs and Mrs. Woehle apposing. An Ordinance to amend the Zoning 0rdinsnce was then brought up for first reading, and read in full as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PL,~CING LOTS 13 to 20, INCLUSIVE, DELRAY MANOR, IN RESIDENCE "C" DISTRICT. A motion was made by Councilman Kabler and seconded by Council- man Holland that the foregoing Ordinance be placed on first reading Upon call of roll the motion carried, ~ayor Kern, and Councilmen Holland and ~abler voting in favor of the motion, and Councilman Jacobs and i¥~rs. ~oehle opposing. Oity Manager Lovelace advised the Council that before con- sidering the application filed by Donald S. Purslow for a license to sell liquor in connection with his restaurant at 1133 m. At- lantic Avenue, the liquor zone would have to be extended. The matter had been refer~red to the Zoning and Planning Board which had recommended the extension of the liquor zone to 3~0' west of the west line of Ocean Boulevard, to icnlude the above property. Mr. Love]ace also filed four letters from property owners in this vicinity, three of which were opposed to the granting of a liquor license to ~ir. Purslow, and one which did not object. Mr. Purslow then addressed the 'Council. He stated that when he had been granted a license to sell beer and wine at th~ loca- tion he had promised not to advertise beer and wine nor to have any music or juke boxes which would disturb ~he atmosphere of Atlantic Ave. He had lived up to these promises, and he pledged himself to operate on these same principles if granted a liquor license. Mr. ~. F. Riley, owner of property on the south side of Atlan- t~c Ave. across from Mr. Purslow's Restaurant, advised the Council that he had been opposed to granting him a license t o sell beer and wine, but that since that time he had found ~r. Purslow to be a desirable Restaurant operator, and that he had lived up to his agree- merit in every way. He did not object to granting him a liquor Ii- cerise. A motion was then made by. Councilman Kabler and seconded by ~Councilman Holland, that the recommendation of the Zoning and Plan- ning Board to extend the liquor zone on the north side of East At- lantic Ave. to 3~0' west of the west line of Ocean Boulevard, be accepted. Upon call of roll the motion carried unanimously. The following Ordinance was then brought up for first reading, and same w~s read in full: ORdINAnCE NO. AN ORDINANCE OF THE CITY 'COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, A~END!NG SECTION 17, AS A~ENDED, OF CHAPTER VIII OF THE 'CITY CODE OF DELRAY BEACH, FLOHIDA, BY AUTHORIZING SALE OF INTOXICATING LIQUORS ON THE NORTH SIDE OF ATLANTIC AVENUE EXTENDED FROM OCEAN BOULEVARD WEST A DISTANCE OF 350 FEET. Upon motion of Councilman Kabler, seconded by Councilman Hol- land, and unanimously carried, the foregoing Ordinance was placed on first reading. An ordinance to create a new zoning classification to be known as a Residence "BSF" District, to allow only single family build- ings, but with 896 square feet of floor space, was presented for second and final reading. The recommendation of the Zoning and Planning Board pertain- ing to the proposed rezoning of land in the vicinity of N.W. ;$th St. was then read: (That a new classification be created which would allow single family dwellings only, but wibh a minimum square footage requirement of 896 square feet, to be known as a Residence "BSF" District, and that the following land be placed in this zone: All of that area lying west of N.W. 2nd Ave., less the E. 135', to the R/W of State Road No. 9, and north of N.~. 2nd Street to N.W. 4th Street, less the south 150' thereof. This recommendation is made at the request of property owners in that vicinity who have asked for higher zoning than now exists but which will not allow the construction of duplex buildings.) A letter from the Delray Beach Improvement Corporation was filed by several colored citizens, who explained that they would like to have the zoning raised enough to eliminate the small "sh~ck" type of bu3_lding, and also 9tlow them to derive some income from their investments, by building duplex buildings. They favored Residence "B" zoning for this entire area. As the rezoning of this particular area had been referred back to the Zoning and P19nning Board by the Council, for further processing, and ~s this Board had not felt ~_t necessary to c~ll another public hearing, Councilman Kab]_er moved that the reco_mmenda- tion to zone this area as a Residence BSF district be denied, s~.d that the property be changed to a Residence "B~ zone, as stated in the original notice of hearing sent to property owners. The motion was seconded by Councilman Holland, and upon call of roll carried, I~ayor Kern, add. Councilmen Kabler, Jacobs and Holland voting in favor of the motion, and f~rs. ~oehle ~ot voting. The proposed Ordinance to create a new classification, to be known as a Residence "BSF" District, was tabled, ~Dd the following Ordinance was pres~nted for f~rst reading: AY' ORDINANCE OF T_~E CITY COUNCIL OF THE CITY CF DELRAY BEACH, PLACING THAT AREA LYING BE~V~EEN N. W. 2ND AVENL~E ON THE EAST, AND STATE ROAD NO. 9, (LESS THE EAST 135 FEET) ON THE WEST, AND N.%~V. 2ND STREET ON T~'E $CUTH AND N.~. 4TH STREET 0N THE NCRTH (LESS THE SO. 150' THE~EOF), IN A RESIDENCE "B" DISTRICT. Upon motion of Councilman Kabler, seconded by Counc~man Holland, and unanimouslyc~rried, the foregoing Ordinance was placed on first readying. The following Or(~inance was then brought up for second and fins1 reading, and same was read in full: ORDINANCE NO. AN ORDINANCE OF THE CITY COUMCIL CF THE CITY 0F DELRAY BEACH, FLORIDA, PLACING LOT 5, ~0DEL LAND C0~.'!PANY'S SUBDIVI~ICN OF SECTION 8, TOWNSH!P 4.6 SOUTH, RANGE 43 EAST, IN A RESIDENCE "B" DISTRICT. BE IT 0RD.~INED BY THE CITY ~OUNCI[, O? T ME CIT~' O? DELRAY BEACH, FLORIDA, AS FOLLOWS: Section ]. That the following described ~ronerty in the City of Delray ~each, Florida, is hereby placed in Re[sidence B Dis- tr~.ct", as defined by Chapter XX of the City Code of the City of Delr8~~ Oeach, Florida, to wit: ALL, of Lot ~, l¥iode! Land Company's Subdivision, of Section ~., Township 4~ ~outh, Range 43 East, according to Plat thereof on file in the off,.ce cf the Clerk of the Circuit Court in and for Palm Beach Uount~, Florida, as in Plat Book 3, page ~. Section 2. The City Ouilding Inspector shall upon the effec- tive date of thins ordinance, make the necessary changes in coloring APRIL 13TH, 1 953 on the 0ffic.!al Zoning Map of the City of De]ray beach, Florida, to conform to this ordinance. PASSED in Regular Session on second and final reading on this the ].3th day of April, 1 953. /S/_ L. D. Kern M ay o r ATTEST: /S/ _ nB_th R_. Smith City Clerk let Heading: March 23, 1953 2nd Reading: April 13, 1953 P~ssed ~nd Adopted: April 13, 1953 Upon motion of Councilman Jacobs, seconded by Councilman Rab- let, and unanimously carried, the ~f~sgoing Ordinance No. G-J60 w~s passed and adopted as re~d. ~rs. Woehle, Councilwom~n, advised the 'Council that Mayor ~-ern ~nd she h~d selected ~r. N. John Clarke asD~rector of the Civil Defense program in the City, and he had agreed to accept if assured of the cooperation of th~ City Counc~.l and the citizens. She ex- plained that Mr. Cl~rke h~d formerly been Director of Civil Defense in ~ small To~n in New Jersey, which experience would be v~ uable here. A motion was mRde by Councilman Holland tha~ ~r. ~. John Clarke be appointed by bhe Council as Director of Civil Defense in this City. The motion was seconded by Councilman Kabler, and upon c~l of rol? c~rried unanimously. ~ity Manager Lovel~ce presented a tente~ive plat of a proposed resubdlvision of part of the S. 1/2 of the E. 1/2 of Lot 8, Section 8, Township $6 S., Range $3 E., lying norbb off N.E. ll~h Street and west of N. SwJnton .Ave. ~he plat wa~ submitted by ~r. B. B. DeWitt, owner of the Mr. Lovelace advised that the size of lots, and width of s~reets, were in 'order, and ~hat the plat had be,n approved by the Planning Association. He recommended its acceptance. Upon motion of ~ms. ~oehle, seconded by Councilman Holland, and unanimously carried, the above plat was ~entstively ap?roved as sub- mitred. A preliminary drawing of a proposed subdivision of a tract of l~nd lying between N.~. 1st St. and the one-half block line north - of 1st St., and between N.W. 14th Ave. and the east R~ line of State Rosd No. 9, submitted by ~r. William Priest, was f~led b~~ the City ~anager, who advised that the size o~ lots snd width of streets ss shwon were adequate, and he recommended that the plat 'be tentatively approved. Upon motion of Councilman Holland, seconded by Ommcilman Kab- ler, and unanimously carried, the above plat was tentatively ap- proved ss submitted. Cit~ ~snager Lovelace advised the Council that property owners on S.~. 3rd St., from Sw~nton Ave. to S.~. ~th Ave., had believed that they should not be assessed f~ the resurfac~ng of th~s street. He stated tbst the liens are lawful, and many installments are past due. He recommended that they be given another notice by register- ed ma~.l to bring their payments up to date, and if ~t paid, they be turned over to the City Attorney for collection as the ~Charter pro- vides. After discussion, a motion was made by Councilman Holland, se- conded by Councilman Ksbler, and unanimously carried, that unpaid assessments for the resurfaclng of S.~. 3rd Street be turned over to the City Attorney for collection. Upon call of roll the motion carried unanimously. As tko ter.~s of office of the Tennis Committee have expired, they had made the following recommendation for reappointment of t~Is comm. ittee for a two year term, as follows: Dr. E. N.~. Farben Clarence Etheridge Kenne th. Jaeobson W. H. Sweet - Ex Officio A motion was made by ~!rs. Woehle t~at the Tennis ~ommittee be appointed for a two year term ss above. The motion was seconded by 'Councilma~~ Ho].land~, and carried unanimously. ~r. Lovel~ce then stated that a petition from the Beach Tax- ?%~ers League had been filed, lfst].ng six requests, four of which could be handled by b~s office without coming tc the Uouncil. One request however, was for the "Immediate return of the fire engine to a location east of the Waterway for our necessary protection". ~r. Lovelabe stated that this had come up several times, before a fcrmer Council, and while it is recognized that a Fire Station on the Beach is needed, it is more essential to first provide an ade- quate well-equipped Central Fire ~tation, to serve the City as a whole. There is a possibility that the Atlantic Ave.br~.dge may be open, but there is another bridge; and it is also possible that fire trucks could be held up at r~lrcad crossings on the west side of Town. A fund is being built up for financing a Central Fire Sta- tion, Mr. ',ovelace a~vised, and it may be possible to ccnstruct the bt~ilding during the next fiscal year. However, at the present time he felt that the interests of property owners on the Oeach and the Town at large would be best served by establishing a new Central Station first, and then a Oub-Station for the Beach ares. Ne asked the Council to reaffirm this i~o. 2 priority for a Oeach Fire Station. Mr. M. F. Riley, Jr., PresiSem. t of the Beach Taxpayers League, did not agree that a central Fire Station should be provided f_~rst, as he felt that homes an5 property on the ~each are entitled to fire protection stationed east of the waterway. After consideration by the Council, a motion was made by ~;~oehle, anal seconded by Councilman Holland, that the recommendation of City ~armger Love].ace to place a Sub-Fire-Station on the Beach as a No. 2 priority be accepted, and upon call of roll the motion car- r~ed uDanimeusly. Mr. Fred ~. Scott, owner of the Seacrest Hotel, addressed the Council with reference to put~ing a policeman on 21;-hour duty in the Beach section. He stated that late at night, when bars and restaurants close, a Police officer is needed to control the no~.se and speeding of automobiles along Ocean moulevard. Mr. Lovelace explained that the present p,~lice service east of the Canal is as adequate as it can be made under our present budget, that there is a Patrolman on duty from n P.~/i. to $ A.I~. in the Beach area exclusively at the preseDt time. With reference to safety provisions, and the control of speed- ing on Atlantic Ave., ~]r. Lovelace advised the Council that. he would ask the State Road Board to send a Traffic ~.ngineer up to make study of traffic conditions on Atlantic Avenue, and make recommenda- tions for pedestrian safety, instollation of traffic lights, or possibly the construction cf safety islands at Street intersections. City Manager Lovelace then explained that there are certain portions of Homewood ~ubdivfsion wh, ich have be~.n dedicated streets, which interfere with the proposed s~le of lots along the Golf Course, on the east side of nomewood Boulevard. As the C~.ty now owns all of this land, a re~olution had been prepared by the 'City Attorney' to vacate that part of Homewood Sub- division, lying east of Homewood boulevard arid north of ~ighland Avenue, which was read as follows: RESCI, UTION NO. 897 WHEREAS, the City of Delray Beach, Florida, is the fee s~mple title owner of the following described property, to wit: Ali of Blocks C,E.1,6,8,13,7,1~,16,17,1~ and 18 of Plat No. 1 of HC~EW00D, Sddition to City of Delray (Formerly Llntcn), Florida, according to Plat thereof on file in the office of the ~lerk of the Circuit Court in and for Palm ~ea~ County, Florida, as in ~]at Oook 1~, pages 23 and WHEREAS, it has be~n de~e~mined by the Cft~ ~ouncil~ that it is to the best interests of the City that a portion of said 'H0~,~E- WOOD subdivision, and plat including the above described property be vacated as provided in Sec. i 92.29 and 192.~0, Florida Stat- utes, Laws of 1945; and WHEREAS, said vacating will not affect the ownership of per- sons owning other parts of said subdivision. NOW, T~REFORE, BE IT ~SOLVED BY THE CITY ~CUNCIL 0F THE CITY 0F DELRAY BE~CH, FI~ORIDA: 1. That the following part of said HCME?~00D subdivision and olat be and the same is hereby vacated: "Ail that part. of Plat No. 1 of H0~00D, addition to City of ~elr~y (formerly Linton), Florida, lying East of Easterly right-of-way line of Homewood Ave- nue ~nd North of the Northerly right-of-way l~ne of Highland Ave- hue, extended to the West l~ne of Canal right-of-way, including ~11 of O]ocks C,E,1,6,8,13,7,1;~,16,]7,1~, and 18, all according to plat thereof on file ~n the office of the Clerk- of 'Circuit Court in and for Palm Beach bounty, ~'lorid~, ss in Plat ~ook 1~, p~ges 2. That the City Attorney be and he is hereby authorized and directed to apply, after proper notice required by law, to the Board of County Commissioners for the vacating of ssld part of Homewood subdivision and plat. Passed in Regular Session this the 13th day of April, 19~3. or ATTEST: ZS/ Ruth R. Smith City ~Clerk ( SEAL ) Upon motion of Councilman tlabler, seconded by ~rs. ~¥oehle, 8nd un~nimous!y carried, the forego[nE Resolution No. ~97 w~s adopted ~s read. Wit~ reference to Police Radio Service provided ~br nearby Tewns, N,~... Love!ace 8dvised that the Florld~ Gommunic~t].ons Commiss- ion now require th8t all radio equipment must be owned by the City ~nd service contracted for. [~r. W. B. Wheeler, Constable, has greed to turn his radio over to the City and continue to pay per month for Police radio service. A standard form of contract, p~epared b~ the City At~;crne~, was presented, coverinE Eadio Communication Service with Constable ;~heel- er, Frovi~[n6 that his radio will be under the supervision and con- t~ol oS the Chief of Police at all times, and same was read as ]ows: AGREE~ENT CCVERI?iG RADIO C0~f~?J?~IC^TI21"S SERVI~CE AGREE~ENT made and entered ~nto, thais 13th day of A~ril, by and between the CI~v._ , aF~ DEL~,~Y ~E~CTM, s m~n~c~] .... co~orat~o~ of tb~ State oF Florida, located in the County of F~lm Beach, sa~d State, a9 ~ ~ the _ rst , .. . r~y of ri part and W ~ '¢~heeler, Co~s~.:~- ~th ..... J~stice of Peace District, Falm Be~ch Co~ty, ['lor~da, of the Btate of ~lorids, as par~y cf the second apr~. W I T NE S SET H: That, whereas, the parity of the firs~ part, for several y~srs heretofore has been operating], and with additional equipment now sva~].~b!e, will continue to operate a ra~io communication system for certain portable mobile units of the ~olice and Fire ~part- ment~ of the City of Delrsy Beach and the Peace Officers and Fi~:e Dep~rt~ents of certain other cities, towns, communities, or com- panies in national defense prod~ction near the City of Delrsy Beach, with whom special contracts may be made from time to ti~e. W'~'~.mREAS, the ~arty. of the first part, is not =~rohib!ted by law or federal regulations fro~ entering into this contract an~ lendi~g to the party of the second part, certain equipment and supplyi~ cert~ u services, all hereinafter set forth, an~ th~s instrument is for the purpose of reduc~.ng to writing s~d rendering certain, the agreement which the two part,es hereto have tentatively made. NCW, THEREFORE, in consider t=on of the ;oromises and the mut- ual covenants on the part of the parties hereinafter contained, to be observed ~nd performed, and other valuable consideration, they 5o hereby covenant, agree ariS. bind themselves s~ follows, to wit: I. The ~arty of the first part ~rees to f~r~fsh, an5 tbs of the second part~ ~grees'to aCcept'two-Way~rsdlo communication service for one mobile unit, at s prise of ~12.50 per unit per month. This service shall extend for a perio~ of four years from the 13th day o.f April, 1953. II. The party of the first part agrees to lend to the party of the second part, an~ to !nst~]l in its one mobile unit, and to service fro~ time to time, such transmitting equip~e~t ss the party of the secoad part ~sy nee~ for its one two-way u~it, wit~ the understa~dimg, of course, t~t the part~- of the second part, will not abuse, but will properly care for, sn~ properly use sai~ eq~ip- ment, and will return it all t~ the party of the first part prompt- ly upon termlnatlo~ of this agreement or any extension or renews! hereof, In ss good c~n~_~ion ss ~t i~ when recefved, subject only to wear sn~ tear from proper u~e. III. In conformity with federal regul~tions, it is here provided that all repairs upon sa~_d two-way radio transmitters shall be made only by authorized parties designated by the Chief of Police in charge of communications for the C~ty of Delray Beach, being oper- ated by the party of the first part as aforesaid, and that h~ever slight or tr~.vial the need for adjustment or repair may appear to be to the operators of the movile unit, they ~evertheless will ~ot make, or suffer, or request others to make such adjustment or re- pair, but will submit the equipment to ~e ssi5 Chief of Police for ~dJustmemt or repair by him or his representatives. Iv. Nothing herein shall be in violatio~ of tb~ ~ederal Communica- tions Co~mfssfom r~les and regulations, The City of Delr~y Beach shall at all times maintain full control and supervision over this equipment and operation. Equipment shall be used only for emer- gency Police and Fire traffic, except for tests which may be re- quested by the Communications Division, Dep~rtment of Police, ~.ity of Delray Oeach, for the purpose of maintaining the equipment in conformity with Federal Communications bommission rules and regula- tions. Provisions shall be made for the immediate access to t.he equipment a't ~11 hours by authorized employees of the Division of Communications, Department of Police, City of Delray ~each, upon proper identification, as well as any representative of the Federal ~Communications Commission, upon proper identification. The law enforcement officers assigned to operation of this equipment, shall be ordered by their superior officers to accept ~nd ~bide by any instructions given to them conserning the operation of the radio equipment in said mobile unit or units, by the Chief of Police, or his authorized representatives. Such orders from the Chi. cf of Police or his authorized representatives shall be accepted, same as if received from their regular superior officers. V. WHEREAS, the City of Delray Beach, a N~micipal Corporation of the State of r'loridm, as party of the first part, and W. B. WHEELER, Constable of the State of f~lorida, as party of the second part, heretofore executed an agreement on the 21st day of ~arch, 1953, covering radio communci~tions service to be rendered by the party of the first ~part to the party of the second part. NOW, TMEREFCRE, in consideration of the mutual covenants con- tained in the agreement executed between the parties hereto, on the 21st day of [larch, 1953, upon the part of each, to be made and performed, and for the further consideration as contained in said agreement to be paid by t~e party of the second part, to the party of the first part; W I T N E S S E T H: Party of the second part, covenants and agrees with the party of the first part to waive any rights which it may have to request individual authority to operate a radio transmitting station'in the emergency classification and herewith transfer to party of the first part, the right to obtain such licenses as may be necessary, to render the services extended under the provisions of this agreement. Party of the second part, further covenants and agrees with party of the first part, that in the event party of the second part, determines not to continue the contractual relationship established between the parties hereto and determines not to renew this agree- ment after the date of this termination, it sba!l give written notification to the Federal Communications Commission of ~s~hfng- to~,D.~'C.., and to the party of the first part, of its intention not to cor~tinue this agreement and not to renew the same. - VI. The payments to be made by the party of the second part for the services to be rendered, shall be made on the first day of each calendar month. Including the first day of April, 19~3. VII. The parties hereto realize the impossib~lity of incorporation herein, a provision to cover every condition or question which may or might hereafter arise, and therefore, find themselves t o be fair and reasonable in settling and adjusting all such questions. IN WITNESS WHEREOF, the parties hereto have caused this in- strument and an exact duplic9te hereof to be executed in their names and the corporate seal. to be affixed hereto and to said duplicate, by their representatives thereunto duly authorized. THE CITY OF DELRA¥ BEACN, a ~untclpal corporation of the State of Florida e¥/s/L, o. Kern ~ayor ATTEST: Party of the First Part /.S/ Ruth h. Smith City Clerk,City of Delray Beach (SEA[,) /S/ i~. B. Wheeler Constqble SIGNED, SEALED & DELIVERED Party of the Second Part IN THE PRESENCE OF: /s/ /S/. ~argaret Bart APPROVED AS TO FOR~: /_S/_ _.Neil k. ~iac~,.illen City Attorney, City of Delray Beach APPROVED AS TO FEASIBILITY AND EQUIPMENT: ./S/ R. C. Croft ~hi~f of Police, City of Deiray Be,gch Upon motion of Councilman Holland, seconded by Councilman Kabler, and unanimously carried, bills totaling $1~0,1~3.08 were approved for payment, subject to approval of the Finance Committee. Councilman Kabler then moved that a Committee be appointed to study the beautification of the City Park, such Committee to con- sist of ~,rs. ~%oehle, as Chairman, and Councilmen Holland and aabler. The motion was seconded by ~ouncilmsn Holland, and upon call of roll. carried, the Council as a whole voting in favor of the motion, with the exception of Councilman Jacobs, who voted "No". The meeting then adjourned. City C].erk A ? P ROVED: ~ayor