09-14-53166
Regulsr meeti,,.~ of tlte City Council of the City of Delrav Beach
wa,q held at 7:30 P.N. in the CoUncil Chambers, ~ta Vice-,qayor i~.J'.
Holland in the Chair, and 1;~ Attorney ~eil NacNillan, City >mr{a-
~er {~nbept Love],ace and t',~e followiu~ Councilmen present: Jotul
Upon m~tion o~ Councilman ~.~blep~ seconded by .~Ps. ~oe;~le~ and
unanimously carpieq~ minutes ,~f meetings held ~u~;ust 24th~ Au?~st 26th~
and gepte,fl)ep 1st, were ap0roved as written.
A teleernm from Nayor i,. )). ;:em, ad.~ ressed to the City Council
was read by the City ?;an~gep~ as follows:
"September l, 1953
City :qana, ger Lovelnce ~ Council
City l[all
Delr:~V Beach~ Fla.
~, -,, o {ir ,...
/s/ I,. o.
Cou, cilman K~blep moved that ti~e pesigna~',Son of :iayor Kern be
accepted, wit!q regret, and with appreciation for Iris service on the
Council and ~ t~e co,nnnn~ity. *he motion was seconded by >irs.
hle, and carried unanimously.
Upon motion oP Hr. kabler, seconded by ~'~rs. k'oehle, and ~ani-
mously carried, lqp. J. L. Saunders was ac,minted to fill the ~ex-
hired term of :~!r. Lepn as councilman, and was .~iven the oath of
Pice by t'~e C!epk.
Councilman t!olland was then nominated For t::e office of }iayor
by Co,mcilman ,abler. The motion w~s seconded by .'~ps. ¥~oehle, and
u~on ca!l of pol]. carried.
Collncilwotnap /,].,,a i,J. ~a'oehle was nominated as Vice-Hayop by
Councilman Ks~,ler. The motion was seconded by Co~mcilman 5aunders,
~l~or, ca!! o~ rnll carried.
NP. (i. i;. Priest, Jr. f.py~er, ped before the Cotmcil with ref-
erence to o%tainin~ i{izhl-of-~fay deads for widenin~ the ?ederal
itighway to a ~ddth oF S0 feet. lie explained th~,t it would not be
nossihle l.o cor~tact allm~ne,.'~,, ~rtv owners ~t]~in t}~e 30 ~tay' ~epioq,
as n~any ape out of Town. }~e asked the Council to extend t[~is per-
iod. for an additional 3f; days, and upon mo'tio~ of Co~mcilma~ 5a~II(l-
ers, ~eco:;ded %y Co~mci]_ma~'. Ka%ler, and unanim(~usly carried, t]'is
extra,sion oF time was
The followin~ *}rJj_n~}ce ws.? t1~en ]3rotl~]1t LU'. for second and
final ~-a',.,:din% sud sa~.e was read i~ full'.
01'{}UN2,'C~ NO. G-172
I'.TO~rO':'q ?~2Y R77 '4,.l:~ (',v T/:~,, '' '*" -:'~%4 AL07:-' 8th ST.
r~r,Oll} ./., Aq F~' r,'r,o?:s:
Section:l: That .?action 17, Uhapt.,er VI. ii of the City Code
the City of Delrsy Beach, Flo~aa, as amended, be and the same is
hereby amended a.s fol]_ows:
-~.,~, , ~, :~ 17'
. ~,o into)~icatina liq tots she'll be sold in that pop-
tion of the City of i)elr~y Beach, Florida, lying east of ~he right-
of-way oF the 2eaho~rd Alp Line lmilway~ a.q t}~e same is now located
in the City of !)elray Beach, Nlorida,, exceCt in tln:t 'oft:ion of
said tem~itory described as follows, to wit:
W-~qi' :,:IYa at a ~oiPt on the East bolmdary of the rigi~t-of-way
of the Seaboard Air Line ~ailway 173 fe,~t :,ort~ of the Center line
of ~tlantic Avenue for a ~oint of be~in,,ing; thence r~mning Ea~
parallel to and 173 feet ;~orth of the center line of ~tlantic Avenue
to the qast Boundary of .qwi~Ito~ Avenue; thence r~ming i~orttt along
the ?;a, st boundary of ~;winton Avenue to a qoint 283 feet ~orth of
the center line of Atlantic Ave~te; thence pun~,ing ~;ast parcllel
to and 283 feet f~,~ l:,h~ center' li~e of z':t~ai~l, ic Ave~ue to the
~est 'Boundnpv of t}~e right-of-way of t~,e ~lot'ida lntr:.cocstal Can-
al; thence r~nin,~ South along t~e ;?est bo~mdary of tl~e right-of-
way of t:~.e ?lopida Intracoastal Canal to a "~oint 283 feet ~outh of
t~e cente~' li, e of Atl;-,n*,ic Av,~nue; thence ~umit;~ ;~'est parallel
to and 283 fee~; f~m the ce,~ter tii.~e ~,~ ~',tlaatic Ave~t:~e t,o t'.,e Sast
co~mdary off %:into~i Avan~.ie; tl,ence ru~ni,.l~ :~or'th alo~ .,: Ll~e East
boundary o~ qwinton Avenue to a ~,,,i,t 173 feet ~out, h of ~he center
line e,f Atlantic kv,-~r'ue; thence rtlnn.~ng ¥~est par'allel ;,o a~l 173
feet fro~ t}e center' qine of ki, la~tic 2, venue to the ;.;as:t bom~da~
of the right-of-way of t'~e Seaboard Air Line lmilway, as ti~e sa,,,e
is ~ow located in t}te City of 9elray !;eac~, l~lorida; :,hence run-
n~n? ~,ort~, al.o~g the ~ast boundary of said right-of-way of the t,;ea-
~o~rd kit Line Railway to t:,e ~-oint of be~,;in~ng;
And also, except that ,,ortion of tl~e City of Delray ]~each,
!~ounded on the North by a line 333 feet from and parallel to
tl~e center line of Atlantic Avenue; on the ~;ast by the ~,est bo;md-
r~ry of Ocean Boulevt~rd; on the Y;outh by a li~ie par:,llel to ami 333
fe'~t ~;oath of the Center li:,e of Atlantic Avenue, a-d on the ;;est,
as to ,,,~-o~erty ~yin~ ;,orth ,,f :~tlantic Avenue, by a line 100 feet
from and :~a. rallel to the ;~est boundary of Ocean Boulevard, and as
to :~r'opertv lying ~outh of Atlantic Avenue, by a line 100 feet
~rom and sam, ll. el to tk, e ;~;est boundary o~ ocean Boulevar'd.
And also, exigent t~at ,~ortion of the City of iYeh-ay }~each, Flo-
rida, described ss ~oll_ows~ to wit:
The ,orris 395 feet of the ~orth 1395 ~eet of :;ection 2~, Town-
ship 46 ;,outh, Range 43 ~ast, lyina Diast of t~le ;~;est t.ight-of-way
line of :;tare ltoad :;~40 (The Uceant~o,~levard);
And also, exceut that ,.o~tion of tl~e City of ~t~elPt,.y i~each,
Flopida~ described as fol.'~ows~ to wit:
~ounded on the ;4est by the :,;ast bo~mdary o~ N.I]. 5th Avenue
(otherwise knmm ss .~'ld ;~ie !,i~way); on the No?th by ~ine ~25
~eet from and narallel to t:e ;(orth boundary of A.;;. 8th Street;
on the Ea,~;t by the ;'.:est hounds, fy off i,,.;]. 7th Avenue; ~ntt ,,n t~e
South by a li~e 100 feet from and p~r,-,llel to the Y;outh bo~mdary
of Y.~;]. Sth Street.
Providing, l,o;~aver, that tl,e fe,re~oin~ s~all not a;,:~ly to any
actual ~,,na-fide nationally organized ami ceco,mizea civic, l;ene-
volent or ?paternal Organization."
Y;ection 2: That ~11 ocaim~nces and ~srts of or'dinances in con-
flict herewith be, and t~e sa:ac are hepeq,y repealed.
PASSED in ;tegular Session on serous and final reading on t;,is
t':e ldth day of Septe~ber A.~?., 1953.
k~i~,Sl. /S/ ii. J iiolland
>Iayor
/S/ .,uth i(. Smith
City Clerk
(.qeal)
1st f{eading: Au~st 24th, 1953
2nd .l(eading: Septe,~ber 14, 1953
Passed and Ados)ted: Septembep 14, 1953
14, 1953
Upon motion of Co~mcilman kabler, seco~?ded by Mrs. ~'oehle, and
unanimously carried, th-, foregoing (}rdinance No. G-172 was passed
and adopted.
An Ordinance to amend tb.e Liquor Ordinance to allow tke sale
of li, uor on the west side of the $. Federal iiighway, between 3rd
and 4th Streets was presented for first reading, and same ~as read
in full as follows:
AN O~{DINANCE OF THE CITY COUNCIL OF THE CITY OF
DELILIY BEACH, FLOi~I1)A, AMENDI~'G SECTION 17 AN])
SECTION 19, BOTH AS A}~E~};~.~, OF CHAPTER VIII OF
T~E CITY CODE OF DELRAY BEACtt, FLO.~(IDA, BY PRO-
VI]IIN~ THAT INTOXICATING LIQUORS ~Y BE SOLD
ALONG FEDERAL HIGtlWAY BETWEEN SOUTHEAST THIi~)
STREET AND SOUTIIEAST FOURTH STREET, ON THE
WEST SIDE ~{EREOF.
City Manager Lovelace stated that as a result of polls taken
by the Beach Taxpayers League, the I)elray Beach News, and the
First Baptist Church 304 votes had been filed against an over-all
change in the liquor zone, and six votes had been filed in favor
of such extension of the liquor area.
An opinion of the City Attorney Re: Liquor Ordinances was
filed as follows:
"September 10,1953
Mr. Robert Lovelace
City Manager
Delray Beach, Florida
In re: Oi'INION t{E LIQUOi~ Oi~DINANCE
Dear Mr. Lovelace:
At the last regular meeting of the City Council held August 24th,
1953, I was instructed to prepare an ordinance which, in effect,
would constitute a new comprehensive liquor ordinance for the City
of Delray Beach. In connection with the enactment of such an ordi-
nance, I h~ve reached the following conclusions:
1. The Drooosed ordinance to cover the whole City and to provide
various restrictions, limitations, can only be enacted during
t'be months .~ December to April, unless an emergency affecting
the entire City is declaimed to exist by unanimous vote of the five
City Council. (~,rticle II, Section 7 (18), City Charter). It would
not appear that such an emergency exists. It is therefore, my re-
commendation th,ut the co.~r, rebensive ~)~,dinance be oostponed as herein
recommend ed.
2. It is my opinion that ~mder the Florida Law, an ordinance not
in the nature of a co~anrehensive, hut rather affecting only
a small or definite apes, maY be enacted at this time. (Ellis vs.
City of h'inter haven, 60 S. 2nd, page 620). It is, the~-efore, my
opinion that the City Council may, if it desire, place the Wender-
oth px~operty in the liquor zpne and may proceed with t],]e ordinance
as t(, 8th Street. The other specific request be£ore the Council,
to wit: John B. &eid ttotel, 240 Venetian Drive, is in an area
zoned for special hotel and apartments, and in my opinion, the use
of that area would '~ave to be re-defined to allow the sale of li-
quor under the zoning o~-,]inm'~ces of t],~e City, and therefore, it
is recom,~ended that t]~is be postponed until December to }~pril,
pursuant to the Charter provisions.
In accordance with t'~is :~aragraph, I ~ill have an or(iinance, plac-
ing the east half of the block in which the Wen~ieroth p~operty is
Ions. ted in a liq~or zone w!,~ic}~, the Co.nncil may ps. ss nr not pass
as it sees fit.
3. These general observations may be ;~ade regarding the nroposed
comprehensive ordinance to be passed in l)eceuber to April:
(a) The City cannot !i,:,.it t;,e number of licenses in 1)elray Beach.
The Beverage Act of the State of Florida vests in municipali-
ties power to fix by or(]insnce, hours of sale, location and tO
prescribe cert~in ssnit~ry regulations under which intoxicat-
ing beverages may be sold. (City of Miami vs. State,27 S.2nd,829)
169
1953
(b) In my oninion the City can;'~ot restrict the ownership of
licenses, except as to morsl cN~-~racter, etc.
(c) Any restrictions enacte~ as to definin~ the location of
tl~ f)rem~ses must be res~nab!e and not so arbitrary as to
cm~stitute a restriction as t~ t]~e muabe~ o¢ licenses.
(d) Between now and r~ecember, I ~11 accuntalate f~m various
other Cities their ].iq,~or zoning ordinances. }lost ~ities,
rather than stat~g, as onrs does, a defi::ite area in w~ich
linuor may be sold, a~proach the matter from another angle,
by stating that liquor con,~ot he ~old for instance in i~esi-
dence "A", ~esidence "B", ~{esidence "C" oistricts, etc. The
way th~}t o~ ordinsnce is drafted, it picks out a small portion
of t ~e btsiness area He ot;~er a~proach may be better.
(e) I presume t~te ~oposed ordinance creating a ~'lann~¢~g doard,
','ill ]mve been :,assed before December an(i t~,e mat;.er of a compre-
hensive ~iquor or¢~in~nce w oul6 then be referred to the Plannings
, . 1 ec O~{]~lell(l a. tlol],
Board for ~rocessing and ~ ' ~ '
Very truly yo~s,
/S/ Nell ,~]..'mcHill~
City Lttorney"
Co~cilman Kahler then advised the audience t:~t the Co~cil
had concluded that any large exte~on of the liquor zone wo,~ld
constitute a Physical zo~in~ chv, nge, and should not be considered
except during the ~eriod of I~ecem~er t]~rough ,~pril, as ~rovided
in the City ~horter.
City Attorney ~oc},_~ll~n stated t}mt in ~s opinion t}~e City
Council can only limit the hours dur~pg which liquor may be sold,
re,late snnitory conditions, and establish the place of sale~ and
he felt that specific applications for liquor licenses in ,~resent
business districts~ can be considered individually.
Hr. H. P. ',;iley, 2resid~nt of the Beac~ Taxpayers ~aague,', urged
the Co~ncil not to extend t~,e !i~aor zone, but to spot zone ~ ne-
cessary, Jn order to grrnt a non-quota liquor license in a fifty
room hotel, or a two hundre;'~ c}~ir restaur~t.
After further discussion, a motion was made by Co:mcilman flab-
let that the fore?oino~ Ordinpnce be pl,'ced ,m first reading. The
motion w~ secnnqed hv Nfs ~ ~
.... oJ-~le, ~nd apon call oF roll carried,
Hayor ]Io]_land, Councilman [.abler and 2'.Ps. hoe~le voting in favor
of the motion, pnd Councilman Saunders opposing it.
A.:-'uhlic. I{.earine_, was tn.n'a held to aonsiqer_ ti~e .'u'oposed budget
for the fiscal year 1953-1954, as prepared ]~y the city Na~mger.
Mayor Hol].~,n~, aske~{ for obiecti,-,ns From tl~e audience, but none
were received.
Co~w~cil~ia~ Lovel~ce peouested ~ID"POV;iI O~ one c}~all.~e - all
crease of '480 00 in ':er,;onal services in tl~e ke~nis ~o~'ts ~:~
and a ped~tetion of this amount :in Canital ;xpenditures. fi~e
,.~.~ nre~ ed !~y tl~e City
?er:
.... ,, t: .... (. 907
B ,~Ch .( ,, '~lr~' ~:,' '"',' "~ '" ' ~
" I77 T ,~ ..... n~ ..... '
C~,T}~}~) ~ ~ ..... :' ,;{ CITY ("F ])',:,[~tAY)
lNG .Ffl) ~') ~ ~ ~ ..... G 5,'LI~ CI ...... ~
W}l;i]:, FJ:;, Section. 69, Article_ 15 of the City Charter of the
City of :~elray TM ' '
. ;.each, stxnulates th. at the fiscal year of said City
s~mll ~e from October 1st t~ough September 30th, and
WH:~IUOk:'~, the City Handset has submitted ~is recommended budget
in conformance with t]~e ~n-ovisions of Section 70, Article 15 of
said Charter, and
~,:U~ '2 S, t~= .... ]~ud~et~ eont~ Tns s~c;~ estimates, statements, and
S,. lr~'],:,_.l 14~ 1953
sup~,ortin7 sc~,tedul, es as ape caqled for' by Section 71, Article 15
s~.l(., Charter, and
W~i. ....... o, a pu%lic t~eari];~ on t]-~ hn~:,~et, as provided For in
, ect~om 72, was halo on the 14t]~ day of September, 1953, and
Wi[:"~, ~,o, tl~e Council 'has seen fit to amend t~e b~.~;~;et~ in t]~ose
matters wi)rich ape of recor~l in the minutes of t~e special meeting
of ~u~ust 26th, 1
WIU~i(?2S, Section 73 ra~!dres that t'~e budget a,s 9recessed, and
as amended, shs!l be adopted not later ti;mn the first pezulap meet-
in~ in the month of ~qentembep.
City of ;~elrnv e~clt, that the b~ozet so npocessed pnd amended
floc the Fisca2 yes, e~d ;r,~ gentember 39, 1''~' is i~ereby agreed
unon and ado~te~, an,; t]~::t t'~e amo~mt o2 money For all of the
respective purposes set Forth thereir: is needed f,.r t~;e operation
of sa]~; City dmr"ng the said f~sc~l year, ~:nd tl.:ere is ~ereby ap-
propriated to such resnect, ive ~urposes the sine,Mit of money set
op'o~ite s~cb respective
BE IT P,.~tPtt i, .... (LVC]) that there shall be and is ~ereby ap-
propriated FoP t~e 'myment of several items of expenditure total-
in~ tl~e ag,~re,~ate mtm of ).470,142.00, the revenue derived from
the tax of 13 Mills which is hereby levied, on all taxable property
wire,in tl,e City of 1)elray ilea(fit Fop the fisca] year 1953-1954,
the assessed valuation on all t~xable ,,ropepty fop ope~a~ng p~-
Doses within the City,, of 9elpay Beach being ~17, 378, 945 . 00 for
operation and/or mai~tensnce expenses ,~f General Government, and
also in ad,'ition, all revenues derived by said City d~ing said
fiscal year from all ot!~ep sources than the tax levy for current
bond ~epvice, and t',mt ns. pt of collection of delinq;uent taxes
levied For ~)ond service.
Biq i'~' F,~i~T F;i~ iffCSOLVi.3) that the amount of money necessary to
be raised For t)ond debt Se~-v~ce' for bo~ds aha' interest which con-
stitutes an indebtedness of that portion of the City of Delray
Beach, w~,ich was f,u'merly the City of !;elray, is ~79,385~000.00,
and t;mt there is hereby an',roppia, ted fop the payment thereof, all
revenues derived from the tax levy of 5 Mills herebY levied for
that pmmose For t1~e fiscal year 1953-1954, upon the taxable
perry in that po tion of tl,e City of Delray Beach w~'ich was former-
ly tl~e City of Delpsy, the assessed valuation being ~?15,877,000.00.
PASS~X~ ANT~,~"r'""g),,,. ~ by the City Cotmcil of the City of ])elrsy
Beach, Florida, this 14th day of So,t ember, A.b., 1953.
/s/ n. z. no Xand
Mayor
AT~ ',~T:
/S/ auth ',~. Smith City Clerk
.,~p,,. Woehle, seconded by Councilman Kablep, and
Upon motion of" ~
unanimously carried, the fop~niug :,{esolution wns adopted
An Op(txn,~nce'' ~ to annex Seal, ate b;xtension was b~mught~ up for
second and final re,din,g, and same was read in full as follows:
AN ()u,l:,:~:,,C,~ OF Tit,', CITY C(,UN('.].L t~ '!],li]J Cl'~ OF
TO T'~[:"~ CITY OF 9[~LRAY B ~AC~t, 'i.'fll; FOLLOi~'!NG lJESCidB-
.......... ~. ALL Tt[f,T '.~kigf g7 ~nl", :SUOTti
1795 p,,,l~. OF T~;:, 2'~;kTH 3470 ...... 01;' '";';CTiON 21, TOWN-
171
RIG!'.T OF W',Y .... !,INq OF T ?. ~',_. ]''1~. CCA:~T~.L WAT~;]~iWAY, EXCEPT
, (.:,7~.;~A~' LiN;~ CF LOT C IN 2L(}(~K 16 O?
SECTiON_ . "B", PLAT }tOOK 21, J'L']G~ 56, PU!ILIC ~[,.;C~iIDS_ 0F
PAT.2~ BEAC~ CP~TU~, FLO~II~A; ON T~{~ h ST BY T~ ~ ~qtOLON-
SOUR'It BY A r .... .~. , .......
FI',¢~;I.)A, !x~ ~:'L;': ~t'tl~: 24, PJG~ 67, :~. l' VIi~]idG A
determined to annex tr, t~,e City a tr:~ct of land as more particular-
ly descrJ),ed in :qectim: 1 ~ereoP, and
; c. ,,.,,~m:.., ~,,., - !~ ~'.V' .... ~'"' .... i:"C. a Florida, co rnorat:i
is t..?~¢~ .q,,].e fee simple title owner of t':e ;-~rop:,rty descrSbed in
~Ok ~ r~a,S (]~ll._,y (l~,YigelltaCt Dnf] m~iVeB -)ertflJ_sgion tO tile
annexa~5on of said Opo3erty by t:,e CSty of Del~aS 5each,
i~il .... ~AS, the City. of Delray.. ~,eac~l, Flori(i~:,, is a, ut'.lnrSzed_ by
viptue of Cha~tep g7~510~ ~peei~]. B~ws of FloPida~ Acts of 1951~
to annex the s~d.d ~ands;
N/~', ,v.,~.~-,..._~:,,~,~, '~,.,, ~'.',. ; :rT ,~...~' ~;" ,d,..,. by tt~e City Co~tncil of the City
of I)elray Beach, Florid:', as follows:
Section 1: Th. at t*~e City Com~cil of the City of i~elm~y
P,!m Reach. County, Florida, hereby armexes to said Citx the follo~-
i~? described tr,~et or -mrcel of land located in i)~lln Beach. Co~ty,
Flor'ida, add lyi~a conti~uous to said City, to wit:
Ail that ~art r,f the South 1795 feet of tl~e North 3470
feet of Section 21, township 46 :~outh, ~(ange 43 ,mst,
lyina between tl~e west right of way line of State Road
A-i-A, and the east right of Way line of the intracoastal
Watem~ay, exee~)t the tract bounded as follows:
On the North by the Southorly ~undary line of Loc C in
Block 16 of SRAG:.TR gtCll0N "B", P~T BOOK 21, page 56,
public records of ~alm Beaei~ County, FloridaI on the East
by the prolongation of the Easterly boundary of said Lot
C; on the South by a line ~rallel to and 150 feet south
of, measured at right angles, the South bo~dary of the
Nopth 50 feet of said Lot C; and on the West by the In-
t~aeoastal Waterway.
~e above lands being and constituting that certain sub-
division known as SEAGATE i~xtt~ o~()N, aeeoFding to plat
thepeof ~eco~ded in the Office of the 01e~k of the Oipeuit
Cou~t iu anq fop Palm Beach County, Florida, in Plat book
g4, page
Section g: That the boundaries of the City of Delpay Beach,
Flopida, a~e liepeby ~edefined so as to inelude therein the above
desepibed t~aet of land, and sa. iq lands are hePeby declared to
in the coPpoPate 15mits of saSd City of Del~ay Beach, Florida.
Se~t/on g: The pPoperty hepeinabove descPibed and herein
hexed to ~he CSty of Bel~ay :~a, eh, FloPida, shall not be subject
to tsxstioq for the retiring of any existing bonded indebtedness
of ~.he City nf Delray Beach, Florida.
Section 4: The property hereinabove described and i~et'ein an-
nexed to ~he City of Delray Beach, Florida, shall not be t;,xed for
ad valorem taxes in excess of an ~,nnual tax of :p5.00 ]~er lot, as
sho~,~ on said qlpt ,~f Sea~ate ~ '
~x,e~i:~ion for ten (10) year's from the
date of t]~e ennctmeut of thJs oz'dinance. In the event, however, nny
such lot is s~ld ~y Totterdale J,cvelopmeht, Inc., or in t]~e event
any b:.tildin~ is constructed on any lot, then such lot shall be sub-
ject to ~,.orm,~l tr. xation, except for l~ondetl indebtedness aforesaid
Section 5: That, if any word, phrase, clause, sentence
part oF th~s Ordinance shall be declared illegal by a court ~,f ~m-
peteut jurisdiction, ~c~ record oF illegality shall in no way ef-
fect the re,mining portion.
PASqED in ~-egular session on the seco~d and. final reading on
this the 14th day of September A.D., 1953.
/s/ ,,. J.
Ma yo r
City Clerk
(Sea )
1st [leading: August 2~, 1953
2nd ~{eadi:~g: Septend}er 14, 1953
; ~b.~,~'~ , ~.~,,) A~'~0PTED: September !4, 1953
Upon motion of Co~mcilman ~ablep, seconded by Councilman So,m-
tiers, and un~.nimously carried, the foregoiug ~rdina.nce Lo. G-173
was passed and adopted.
As an emergency ordinance reqaires a unanimous vote of the
full Co~cil For adoption, action on the zonin,~ o~ Seagate ~xten-
sion was deferred until the next meeting.
An Ordi~nnce co~firming Assessment koll on the constr~ction
oF sidewalks on N.W. 2nd Street, between 5tl~ Ave. and 8th ~ve., was
pr~sented F(~r seco~d and Final reading, and same was read in ~ll
as follows:
0R~}INANC~{ NO. G-174
AN O]:J-~iNANC?3 0F TH'.C C!fY COUNC;IL t~F TIlE CITY
OF PEIJLiY B~AC~, FLO~gDA~ I?CV%IN6 TH~{ ASSESS-
ME~TS AS S[~(qfN BY T~[E ASSESS~%]~JT HOLL SU]~I4ITT-
fC}~ BY Ti[ '] CITY )IANAGZ~{ 0F S.li~ (J?~Y, CONCICItNI~G
T!I:C CONST[IJCTI0?( 0v FIVE FOOT C()NCltET}C
fiI~)YG %q;:] N~[tTi[ SI~ OF Iq. L,. 2nd ST~ET, Fi{OM
5TH AV;. T0 STII /VC., T()G~CTHgli! WITH SF]V;:iN NINE-
FOO'F D'.iI ~WAYS.
Upon motion of Councilwoman Woehle se~nded by Councilman l~ab-
let, and unanimously carried, the Foregoing Ordinance 2~<o. G-174
was adopted ss read.
Finsl report snd assessment roll on the resurfacing of certain
City streets was Filed by t}~e City Hanager, and upon motion of Mrs.
Woehle, seconded by Councilman Kohler, and unanimously carried, the
report was accepted, a public hearing to be held on October 12th
to receive objections to the confJrmation of said assessment
A copy of ~etition filed wit], t'.e {{card of County o0.nmission-
ers hy t]~e Ne.zro Civic League, with reference to acquiring a Beach
for colored c~itizens, was read by tile City ~ianager, w}~o then pre-
senter] the Following resolution:
R~CS{)LU~']ON >~]0. 909
W}{~7{AS, the City Council of t~.e City of belray Beach, Florida,
is sym~athei, ically disposed to the -ostrich of t~e Negro Civic
Lea?~e of the City of Delray Beach; and
h'{[E~{rC;',S, the City i~otmcil of the City of Delpay ];each deems the
establishment of a Beach exclusively for negroes in the southern
nart of the Co~mty, to be of benefit to the entire south portion
of the County, snd not tn the City of Pelray Beach alone; snd
';fH;]/.;~CAS, the City of Delpay Beac~, is ~lling to cooperate and
assume its Fair share of the b~den ,<,f acq~airing and operating
such a c(,lored Beach for t~e ~outltepn part of t!te County;
NOW, ,~,,~,~.~um. '~E T',__ Rq~:(.)LVH9 that. the City Council oF the
City of Delray Beach e~qorse the lettep oF t~e .~egro Civic Lea~ue
of ~e]ray Beach. a('~ resse(t to thq (,h..]rman of the Cowry Conm~ission,
Nr. Jake 1]ytal. under ~ate oF Septe~,~beP 10th, 1953. that the County
Commission be req~ested t,o a, dvise t':e City Council when the request
of the Negro f:ivic League will be ])mug~t up for. di~;cussion, so
tl~at ,~em?)ers o~ the City 'ouneil and the .~,~(~ro,~, Civic Lea~,~e, ~,oth
of ])elrp. y Beach, m~y be ;)r~sont to be ]:e~pd on t~e matter.
P~ssed m'~d ado~)t~d t~is 14t~, day of September, 1~53.
/S/ ~. J. Holland
i'4~y o r
// ,,
S ,ruth a. Smith
Ciiy Clerk
Upon motion oF )rr~: Woehle, seco~ded by Com.c~
as read.
A lette~~ Fro,:~ Attorney J. W. '[owlin, with reference to the
*)tlrc}~?e (>~ !,lie (:ity owneO ~(OCI( ~it, co~sisting of 25 acres west
of t:~e., tit;r in ,:,~ect, i,'~-~ .14~ w~s r.e;~d as follows:
"Sepie?~l)ep ~;~ 1c'~
~p. l;o}~ert Lovel:,ce
Deap ],;~'. Lovelyce:
I am inter~sted in t!-,e t}ossible Dupc?~ase oF the twenty-five
llCr(~S ~,g lall(l ox,'ned by t~e City in :'.;ectio~ 14~ Townsilip 46 :;outh,
Range 42 qa. st w~d_ci-i was formerly used a,s a Pock '~it. If the city
desires to sell t3.'~is ~q. opePty at t,~:s time ~ would ap~reciate the
neeessa~-v adtion being taken so th: t I can -;~,~mxt my bid
Very tm.fly yours,
/S/ J. W. ~owlin"
As a pol. ialr l,r,,~i 1->e,',n adopted by the ~tom~cil ~ot to sell any
City owned acropffe at t~e ~reseut ti;.e, the above of'rep was refused.
Ac &oil on all emergency Or~inance to est~/b[xs~ set-backs on
t~e Eedepal ~igkway wss qeferreq m~til a full ~om~cil is present.
Plans for the constr~ction of m~ vddition to t~ e Gulf Gas Sta-
tion, located on Lots 17 & 18, ~:loea. 118, on the east side of
Feder~!~ighwav, ~etween f~.~5. 1st and 2nd Streets. were filed for
a~m'ow:l, by the Buildi.~ inspector, who advised t:~st all requSre-
ments of the Building Code am'~ zoning ordinance would be complied
with.
Upon motion of Councilman i~abler, seconded by ~o:mcilma~ 3aun-
Oers~ 2r!d tl~a~ii~notlsly carried, ~err~it was ag~).)ved as req~lested.
Councilma~ .~bler the~ ,,,oved t~m,t t'~e next fo~ ite,:~s ,n t:~e
a5emda req,~estS~:Z :~ermission to ~levSate from t]~e ~.2' ceiling
q~irement, be referped to t~%e ~Joui~q~'~.> ;'~d ;'lam~ing. :.;oa~d For recom-
mer.~ation.~ . ~l~e mr, t,ion was seconded by t:ouncJ, lman .,mtn(~' ' 'er.~,
carried ~tn;;nimously. 'iq~o raq:~ests were a,s follows:
1. Ora, n~e !~t, pte iii C:<,. !~?: Sth Str,e'~t and Federvl :~i~way.
l:ieo~e~t for ~,err, is~ion to exte~x[' r'oof line of west wi~.~g
oF '~ta. tion, wl~icb is .... less tl;rn 12', au.<; also co~str~.mt_ a
balanc:in~:- east ,;f
for ~,ermissim; to c,ms;tr'mt .qr; ,)ccessary ]>u_[lding for use
as a ~tf~rnge sP~ed for oils and Trease, on C~o rep, r of ',is
1"4
~{~ ~ 14, 1953
3. ?rer, k C. 5miti~, Jr. i~e&uest for '~ermit to, bJ.Jld a restau-
rant with a "Coach" desiffn front, ~vhic]~ fror~t w(~uld be
less than 12' i~ }~ei~ht. Yhe main t)~ild~g ~,~ould comply.
Location - L~ortb side of ~f. Atla. ntic Ave. between 13th
anq 14th ;:qtre~ts.
4. ~equest f~.led l~y Cica. ties 'rtrick to c~u~struct six addi-
tional hotel, rooms, in conj.mction ~,ith the "L ~
Hotel", located at 140 ~'~N 4th f~ve., u~'~ich is zoned as a
~eside~ce ffl Distr'ict.
Sec~nd and final estimate for t~e inst~llation of water mains
at t~e ~.] llth .~t. ~n~ SE loth ~t. railroad crossings, in the amour
of ~;2,502.45 ~s filed by t~e (:ity >lam.ger ~,ho advised thr, t ti~e ~ork
h~d been satisfactorily c~,~¥,pleted, and ap~roved by the Engineers.
he reco~,~ended ,~ayment to ;'~o~ar'd L. Cromer, Contractor, and upon
motion of lira. Lfoehlo, seconded bv~ Council~',an ~,abler,. . and unani-
mously carried, paymer~t ~a.s approved.
A tab.~lation ~,f b~ds received at noon on ~.;eptember 10th, 1953,
for f~rnisbing and inst;-~llin? ~ps for %fells i[os. 3 a~d 4, ~,~hich
bids were opened by the City Clerk, witnessed by i~r:;. Harie ~fil'[iams,
and ~lrs. ;ar~sret Bsrr and also ~ir. ]~enj. F. Borden representing
Engineers and }.ir. Howard L. Cromer, was filed
by the City ~[ana~er, who recom~ended t]mt ~ntract be a~vardeq to
i'~r. i[oward L. Cromer, the low bidder, in t',~e total amount of ~;5,894.24.
1. ;~oward L. Cro~er~ Oe]ray ~each~ Florida
Well ,~p ~3 ...... (~2793.87
~ell D~p ~4 3150.37
944.24
If awarded both ~u~'~ps deduct 50.00
Base bid both pumps ~5894.24
Start ~,~ork in 10 days after a~v~rd
Finish ~,,ork 30 qays thereafter
2. ~.,:~. Carrol~ Wo~t.~ Palm. Beach~ Florida
Nell p~p ~3 ~3549.00
Well D~p ~4 3645.00
94. oo
If a~,arded both p;~tmps deduct 50.00
Base bid troth pu~ps ~7144.00
Stuart work in 10 days after award
Finish date not furnished
Well O~mp ~4 3781.70
i~747i, 80
IF a~ard, ed both p~ps ded:~ct
Base biq both pumps ~7471.80
Start work in 10 days after sward
Finish date ~t Furni~:hed.
4, Central Fla. ~ell Drillers~ Orlando~ Florida
Well pump ~3 ~3713.20
lfel! p~np ~4 4234.80
~'7948. O0
I~ awarded both ~)umps deduct
~a. se bid both ;)~ps ~79~.00
Start ~4orlc i~] 30 days after award
i;inish x~or'k 60 (lays thereafter - Y~p ~3
Start work in 60 days after award
Finish work 90 days t]~ere~Fter - P'~p ~.4
It is reco~?ended that award of both p~p~e made to [loward L, Cromer,
s~ce he has offered the lo%~est ~roposal For the ~iork,
Very truly yours,
Upon motion o£ Co~mcilma. 5:a:mders:, seco~:~ded by Councilman
li~bler, and ~ma~imously carrie,;, ~myme~'~t was auti~,,rized as recom-
mend ed.
A resolution levying assessr~ents n~ins~ pr'opecty cle~red by
the City, under crq2trnct, in a ccord~nce with provisions of urdirmnce
Iqo. G-147, was presen" ed ~y t~e City )[;~oq'er, and re~d in full as
follows:
t~'~S{;L~J;i'ION NO. 908
WH~td]AS, the City Council of the City of Delrsy ~each, Florid~
did, in regular session bold on November 24, 1952, enact a resolu-
tion declp, ring the existence of a nuisance upon certain lots or
parcels of land therein described for violation of the ~-)rovisions
of Ordinance G-147; and
Wi[?,U~ iai, ~ursuant to said resolution, the City Clerk of s~id
City did f:~nJ, sh each of the ,~wn~rs of the lands t]~erein ¢kescribed
with a notice t]~at the City Council wo~ld sit on i)ece~ber 8, 1952,
at 7:30 o'clock P.2.I. at the City ~lall in Delray l~each, Flo~da, for
the ~urDose of allowin, said owners to show cause, if ~y, why s:,id
nuisonce described in said resolution should not be obated; and
W~q~:;~2'~S, pursuant to said notice, L]~e City Council ,.f said
City did sit on ]~ecember S, 1~52 at 7:30 o'clock 1'.~i., at the City
]lvll in 'Delray Beach, Florida for tl~e ~,urpose aforesaid, and said
o;;~ers of the lands ]~avJng raj. led to s~ow ca~tse why the nuisance
d.~seribed in the aforesaid resf~l~ttion should not be abated, the
said City Co,mcil did then and there re~olve that a n~issnce exist-
ed on the lots or parcels therein described for violation of the
Ordina~ce q-147 as aforesaid, and further resolved tLat each of the
owners des;cribed in said resolution be notified and required to a-
bate the said nuis~.ce withi~ thirty (30) days f~m the receipt of
a copy of the resolution; ot]..erwise, in def;~ult thereof, said owners
were notified that the City of Delr~y Beachwould ~ter upon said
lands and abate the nuis~ce described and specified in said reso-
lution and would levy the cost of such work as an assessment against
the -mop~:,rty tl~erein described; and
WH~I~EAS~ pursuant to said resolution, the City Clerk of said
City did f~nish each of the owners of the lands desc~bed in said
resolution ;~th a copy thereof, and the owners hereinafter named
did fail and neglect to abate the nuisance existing upon their re-
spective lands within the time prescribed by said resolution and
ordinance G-147, and the City of Delray Beach, Florida was required
to and did enter u,on the following lands and incur ~sts in abat-
ing t?~e nuisance existing thereon as described in the aforesaid re-
solution; and
WHq~{~AS, the City Manager of the City of Delray Beach, Florida,
has, pursuant to said °rdinance G-147 submitted to the City Coancil
a re~ort of the costs incurred Jn abat~lg the nuisances as aforesaid.
NO, f, 'l'I~qi;}~FO :i,], BE IT ;.k~2:~OLVEI) by tl~e City Co~cil of the City
of Delray l~each, Florida, as follows:
1. That assessments, as shown hy the report of tl~e City }tana-
ger of s~:i.d City of the costs of abating the sforesaJ, q n~lissmces
upon the lots or parcels of lo~d described therein, a copy of ~tich
is attac~ed and made a 'oart l~ereof, are levied against the ~xr'ccls
of !and s~own on said re,art and in tl~e a:no~ts sh~x~ on said report,
said assess,nent so levied shall be a lien from the date the assess-
merit becomes effective, upon tl~e respective lots and 9arcels of land
described in said report, off the same nature and to the san~e extent
as t]~e lien For %ener;~l city taxes and shall be collectible in tl;e
same manner an(q wi$.h t~e sv~me p~rmlties and ~der the same provi-
sions ss to sale arid forfeit~u~e as city taxes are collectible.
~.~ .... ~ ....... 19,53
2. 'fh.~t t~e City Clerk of said City shall recopd a certified
copy of t~is resolution in t~:e office of t~e Cle~-l¢ of the cir'cait
Court in and for' Palm Beac~, County, Flo~ida, and f~nis]t to each
of the owners .~amed in and~upon s~5_~ re'~ort a notice that the City
Co~mcil of the City of l:~elray ,lea, ch, L~lopida ~dll sit as a board
of equalization a.i the City Ilall in l~el~ay }~each, Flo]~ida on Oct-
ober 12, 1953, at 7:30 o'('lock t'.N. to hear and c,'hsider any ~d
all complaJ]'tts a,s to such e, ssessrmnts.
PASS~D in regula,~ session t is the 14ti) day of Septe::~be]-~ 1953.
A T T ':~ S T:
/S/ l~ut~ !~<. Smith
City Clerk
(Sea, l)
A motion wa~ ~de by Councilman Kabler~ and se~mded by ~oun-
eilman Saunders~ that the ~ore~oi~u ~:e~olution Yo. 908 be adopted
as read. Upon call of poll the motion carried~ Nayor iiolla~ and
Councilmen ~(.abler a, nd Sa~mders voti~,g in favor of the motion~ and
~lrs. ~4oehle votin~ a.~a:~r~st it.
City )ianager Lovelace ,~esented a tabulation of bills total-
in~ (',111~883.30 for ~val~ and upon motion of ~lrs. ~'~oehle~ se-
em~ded by Co~mcilman t'La. bler~ ~nd tmanimously carried~ payment was
aut~orized~ su]~ject to approval of the Finance committee.
The meeting the~ adjourned.
City Clerk
}Iayor