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10-26-53 197 OCTOI~CR 20th, 1953 Regul,nr ~eetin5 of the City Co,nell of the City of Delray ~{each was held in the Co,~ncil ~haml)ers st 7:30 ]:.~1. with ~layor l~. J. IIolland in the Chair, and City At~:orney :,eil 51acHillan, City 5iana- ger l{obert Lovel~ce, and the following Councilmen present: John Kabler, J. L. Saunders, and ~,trs. ~rs. Alma K. ~oehle, a quorum be:ir~g present. ~ith reference to the ap~roval of minutes of meeting held on October ]2th, 5~rs. ~foehle asked that correction he ~mde in roll call on the app~val of deviation from 12' ceiling }~eight req ~ire- ment for construction of s store building on Lot 5, Block 1, Sophie Frey Sub. to show that she voted in favor of allowing the requested deviation. UDon motion of Councilman kabler, seconded by Councilman Sa~- tiers, and ~animously carried, minutes of meeting held October 12th were approved a.s cor~ected. Attorney John C. ~illiams, representing >ir. Emil }i. Gerner, addressed the Council with reference to ~qr. Gerner's application for license to serv~ beer and wine in connection wit]~ his restau- rant at the f,~rmer Beach Shack" locr~ted. ~t 6 S. 0ceca; Blvd. explained that ].ir. 6erner planned to serve beer or wine only in connection with ~eals for the convenience of his patens ~d he would operate }ds r~sta,~rant from 11 o'clock A.)i. until 9 o'clock ~.~. City Attorney ~c~illan stated that there has al~ays been a distinction m~de bet~ee~ intoxicatin~ liquors, and beer and wine~ and while th~ liq~]or 1]cense at this location has been transferred to nnother location, he believed th~,t a beer ~d wine license could he granted ~der }~rovision og the liquor license ;~llowing one li- cense in one ]~lock. l.{r. R. ]). ~ort}~ing, ?ax Collector, however, advised that ti,ere is an exist]n.g ]~eer and wine in th,, Ciasa Las ~las ilotel, in this block, and it would be ;, violation, of the Liquor Urdinance to ap- prove this applicatinn, and ,{pon moP, ion of Councilmm~ '~abler, se- conded by ~irs. Y~oe}~le, and ~ani'~]o~zsly carried, the above request was de~ie(t, as contrary to the exist, i~:g urdi{~ance. Prooff o~ ?ul~licat]on off ;:otice cnlling ;~ he:',r]ng to be held on this date to receive o]~jections, if ~,ny, to the co),firmation o~ Assessment ]{olls on certain completed street im,~,rovenments, preset:ted ].y the Clerk, and sprea,] u~on the minutes as follows: ?UBLI C NOTICE All persons who may be int(~rested in the property affected by the Assessment ~{oll as set ~erth below ape hereby notified that the City Council of the City o~ 3)elr~y Beach, Florida, has e~an~i~ed and arC, roved said Assessment ~o11, ~}nd that the City Co,nlcil will sit in the Council Chem])ers in the City lt;~ll at 7:30 P.}.~., on October 12th, 1953, for the ourpose of he:~ring objecti,,ns to said Assess- mer:t {{oll. AS ?g~SSiq?T ~{0LL grndir, g and res~zr~aci~g }(. ~. 7th Street, west o~ ~-~ ~'. 1st Avenue For ~ Oistr, nce o~ ~p,~roximately Four Ilundred Fifty Feet (450'), to a width of twenty-eight (27) feet. Description Front Assess- Total Foot~ge merit per Assess- Lake View l{ei.~hts ~oot ment Lot l, Block 2A 73.45' ~4.246 311.87 i{alter J. & }l;~rie ]~. Seymo,~r 102 N.~V. 7th St.,City Lot 2, Block 2A 60' " 254.S0 ~{nlter J. & ~Iarie i{. Seymour 102 ~:.~. 7t]i gt., City Lot 3~ Block 2A 60' " 254.80 Russell }{. & ~]dith H. Craige N. ~4. 7th St. ~ 2nd ~Ive. 198 0CTCBER 26, 1953 Alley between Lots 2 16' ~,..4.246 67.94 and 3, Block 2 A Lot 4, "_. Lot 1, ~)lock 3A 60.45' " 282.15 E, 3q.6St of Lot P,Block 3A 38.68~ " 164.24 Lem,~] T. & Certr~tde F. 202 ~ 7th St.,City W. 11.32~ of Lot 2,Blk. 3A 11.32 Mfs.Rose ~cklefs 210 ~ Yth St.,City E 1/2 of Lot 3, Blk. 3A 25' " 106.15 ~s. Rose Ricklefa 210 NW 7th St.,City ~t 5, Blk. 2 133.45~ ~ 566.70 Mrs. Helen D'Aubert Hall 800 N.W. 1st Ave., City Alley between Lots 5 & 22, Blk 2 16' " 67.~ City ef Delray Beach Lot 22~ Blk. 2 133.45' ~ 5~.70 A. 701 ~ 2nd Ave.,City Let 6~ Blk. 3 133.45~ ~ 5~6.70 Nancy D. a Myron A. R~bers 700 N.W. 2nd Ave.,City Alley between Lets 6 a 23,Blk 3 16' ~ 67.~ City of Delray Beach TOTAL ASSESS~NT 856 7' ~3 ~37 86 Grad~g and resurfac~g N. W. 1st Ave. from 7th t~ 9th Sts.~ to a width of twenty-two (22~ feet. Lake View HeiSts ~le~k 2 Lot 5 50.56' ~ 3.53 ~ 174.42 Mrs. Helen D'Aubert Hall 700 ~ 1st Ave.~ City Lets 6 a 7 100' ~ 353.00 Carl C. a ~ry An~s Mullen ~ Col~bian Nat'l Life Inc. P. 0. Box 4, Boston~ Mass Lots 8~ 9 a 10 150' ~ 531.50 Mfs. Jennie W. Miesse 203 Gregory Ave. West Orange~ N.J. Lets 11~ 12 a 13 150.57~ ~ 533.51 L.Stuart a Doris P.La~ton 222 Gleason St., City 1 t99 0CTOBEH 26th· 1953 Front .Assess- Total Footage merit per Assess- Des cfi ption foot ment Section 8 W. 155' of E. 315' of N.57' 57' $ 3.53 $201.21 of S. 215' o~ Lot 10 Eugene W. & Ruth E. Ennis P. O. Box 493, City W. 300' of E. 315' of N.181' 181' " 640.93 of S. 396' of Lot 10 Elizabeth B. Spencer P.0.Box 886· City 36' Alley 36' " 130.16 City of Delray Beach W. 300' of E. 315' of N. 119' 119' " 421.07 of S. 551' of Lot 10 Chas. J. Horrison Dorchester Rd., Darien·Conn. W. 120' of the S. 100' of N.115* 100' " 353.00 of E. 315' of Lot 10 Woolbright Const. Co. P. 0. Box 1562, City 944.13' $3· 338.80 Grading and resu~facing ~.W. 8th Ave. from N.W. 2nd St. to N.W. 4th St. to a width of twenty-two (22) feet. Tourist Nook Block B Lots E. 1/2 17-18 70.07' 3.4246 $ 239.85 C. B. Hearst 611 N.W. 2nd St.,City 19 40' " 136.98 Douglas & Lillie Terry Box 1761, City 20 40 ' " 136.98 Annie Clark 1552 NW 68th St.,Hiami 38,Fla. 21 40 ' " 136.98 HUSS ell E. Brown 3565 Dexter Hd.·Ann Arbor· Mich. 22 40 ' " 136.98 Mrs.Eleanor Klugh Pickron 3267 Waverly ~ve. ·Detroit,Mich. 23 40 ' " 136.98 Fred Kitchens Box 606, City 24, 25, 26 120' " 410.95 Delray Beach Land Coo 19 N. Fed. Hwy. City 27 40 ' " 136.98 Richard C. ~ Marion A. Newman Box 1475· City 28 40 ' " 136.98 Days Richardson· % S.P.Spady 128 NW 5th Ave., City 200 OCTOBER 26th, 1953 29 & 31 80' 3.4246 273.97 Ozie Bill Brovn 814 9th St.·W.Palm Beach,Fla. 30 & 32 80' " 273.97 John & Gladys Reynolds 320 NW 8th Ave.,City NE¼ or ¼ of of Sec. 17, Tvp. 46S., R. 43E 660' " 2260.23 P.B.County School Board W.Palm Beach, Fla. BLOCK 2 ~'~of W. 50' 135' ~ 462.32 C.B. & Clara Hearst 611 N~ 2nd St. ,City N.50' of S. 185' of W.135' 50t " I71.23 H.L. & Verne11 Haywood 226 NW 5th Ave.,City N.50' of S.235' off W.135' 50' " 171.23 Wm. H. & Beatrice Haywood Gen. Delo· City N.50t of S.285' of W.135' 50t " 171.23 Wm. H. & Beatrice Haywood Gen. Del. City S.IO0' of' N. 327' of W.135' 100' " 342,46 Walter & Lynie Williams Gen. Del., City S. 50' of N. 227t oF W.135t 50' " 171.23 Willie & Cornelia Conyer 46 NN 5th Ave.,City S. 50' of N. 177' of W.135' 50' " 171.23 D. E. Caldwel 1 Box 425, City N. 127t of W. 135' 127t " 434.92 Voretha Stokes 38 N~ 5th Ave. ,City BLOCK 1 ~ of W. 50' 157' " 537.66 Jannie T. & Russell Williams 315 NW 8th Ave.,City N. 50' of S. 207t oF W. 135' 50' " 171.23 Sarah & Samuel Bethel 314 SW 4th Ave. ,City N. 100' of S. 307t of W. 135' lO0t " 342.46 Freddie Honro e 305 S~ 2nd St.,City S. 50' of N. 357' of W. 135' 50' " 171.23 Clayton E. Lowe Box 862, City S. 50' of N. 307' of W.135' 50' " 171.23 Inez T. Brovn Box 862· City S. 100' of N.257' of N. 135' 100' " 342.46 B. J. & Gladys Peak 633 9th St., W.P. Beach N. 157' of W. 135' 157' " 537.66 Haude O. Cameron 504~ N.Tamarind·W.P. Beach 201 OCTOBER 26th, 1953 N. 50* of S. 357' of W.135' 50' 3.4246 171.23 David C. Ross 411 Division Ave. W.P. Beach TOTAL ASSESSHENT. ..... . ..... ...........2616.07 ~8,958.84 -. Grading and resurfacing Gleason Street· including siphon· '~diYerts, and catch basins· from E. Atlantic Ave. to Casaurina Rd. to a width of thirty (30) feet. Ocean Park Lot 3, Blk. 4 94* $4.64327 $ 436.46 William Burbridge 851 40th St., Miami Beach·Fla. Lot 4, Blk. 4 33.3' " 154.62 William Bm-bridge 851 - 40th St.·Miami Beach,Fla. Lot 5, Blk. 4 33.3' " 154.62 William Bm-bridge 851 40th St. ,Miami Beach, Fla. Lot 6, Blk. 4 33.3' " 154.62 Susan H. Liebig % Kentucky Trust Co. Louisville, Ky. Lots 7 & 8, Blk. 4 66.6' " 309.24 Harry J. & Catherine L.Coste110 11 Gleason St., City Lots 9 & 10, Blk. 4 66.6' " 309.24  obert E. & Lois Hay Applegate Bruce Puckett, Inc.· City Lots 11 & 12, Blk. 4 66.6* " 309.24 W. A. 0notate % General Dry Batteries,Inc. Cleveland 7, Ohio OCEAN BEACH N. 55' of W. 135' of 9.1/2 of 55' " 255.38 Ocean Beach Lot 19 Oeo.W.Whitet21 01eason St.,Cit~ S, 32.2' OC W. 35' of Sol/§ of Ocean Beach Lot 19 & No 27.2' of W. 135' of N.1/2 of Lot 20 54.4' " 252.60 Lathrop J.& Patricia J.Hunt 29 Gleason St.,City S. 55' of W.135' of N.1/2 of Ocean Beach Lot 20 55' " 255.38 Curtis B.& Marcia Oanson 45 Gleason St.·City WILLIANSON-DEIBEL Lot 10 103.25' " 479.42 V. Jane Ranson 18 Miramar Dr., City Lot 11 103.26' " 479.47 C. Victor Deibel, 17 Court St.,Canfield,Ohie OCEAN BEACH ~ 1/2 of Ocean Beach Lot 22 82.2' " 381.68 Llilyn Anderton Box 666, City S. 1/2 Ocean Beach lot 22 & N. 59.4' of Lot 23 141.6' " 657.49 J.Leslie Brown, Box 1067, City 2O2 OCTOBER 26th, 1953 OCEAN BEACH N. 59' of S. 100' of Lot 23 59' $ 4.64327 $273.95 ~aria K. Sterling % Rosalind Graham Box 1879, City S. 41' of Lot 23 and N. 27' 68' " 315.74 of Lot 24 Gracey Realty Co. Box 1215, City S. 73' of N. 100' of Lot 24 73' " 338.96 J. B. & Lucille Evans Box 456, City S. 59.4' of Lot 24 59.4' " 275.81 Karl K. Lohrman 401 Macomb St.,Detroit,Mich. Ocean Beach Lot 25 159.4' " 740.14 Leanora Holdings 5240 Randall Ave., Montreal, quebec W. 84.46' of Ocean Beach Lot 26 129.4' " 600.84 Spencer H. Logan Box 428, Great Barrington,Mass. NASSAU PARK Lot 10, Nassau Park 100' " 464.33 Philip & Emilie R. Stevenson 17 Nassau St.,City Lot 11, Nassau Pk. 100' " 464.33 Frank Y. & Alice O. Jaggers Box 2212, City S. 100' of W. 275' of 100' " 464.33 Ocean Beach Lot 28 William Wheatley New Preston, Conn. W. 150' of Ocean Beach Lot 29 154.4' " 716.92 Gibson Enterprises, Inc. % Byrd m Whitley, City Ocean Beach Lot 30, Less S. 1' 163.4' " 758.71 Mildred A. Boswell & Sarah A. Holton Box 1446, City N. 1/2 of Lot 31 & S. 1' of Lot 30 81' " 376.11 alice C. Snyder Box 320, Freeport, Ill. S. 1/2 of Lot 31 79.4' " 368.68 Geo. Bissett, Jr. Box 915, City W. 125' of N. 100' of Lot 32 100' " 464.32 Lucie M. Robbins Box 526, City W. 170' of S. 59.4' of Lot 32 59.4' " 275.81 Mrs. Fred Thimm Box 25, City E. 101.2' of N. 193' of Muck 178' " 826.50 Lot 157. less N.15' thereof Luther G. & Ann E. Huddle 125 W. 9 Mile Hd.,Ferndale, Mich. 203 OCTOBER 26th, 1953 THE VILLAGE Lot 4· Blk. C 146.46' $4.64327 $680.06 John W. & Kathleen T. Stewart Fraser's Point Dundee, Quebec· Canada Lot 5, Blk. C 100' " 464.32 Harry R. & Olive Clarage 814 W. kalamazoo Ave. Kalamazoo · Mich. Lot 6· Blk. C 100' ~ 464.32 Thomas G. & Beatrice E. Leek 212 S.E. 7th Ave. Delray Beach· Fla. Lot 7· Blk. C. 100t ~ 464.32 Charles H. & Cs~therine Baumbach Box 2177· City Lot 8, Blk. D lO0t " 464.32 George W. h~ite 21 Gleason St. ,City Lot 9, Blk. D lO0t ~ 464.32 Cuttersen & CEossland 4612 Cascade Lane Minneapolis 15, Minn. Lot 10· Blko D 100t ~ 464.32 Ho L. & Elsie Lee Owen 128 Gleason Sro·City Lot 11· Blk. D 100t ~ 464.32 Cyrus S. & Beth !. HadCord 417 Lightfoot Rd.· Louisville·Kyo Lot 12· Bld. D 100t ~ 464.32 James C. & Carrie E. McKenzie 706 5. Ride St. Tallahassee, Fla. Lot 13, Bll. D 99.46t ~ 461.82 Edward M. & Adah B. Colquhoun Midd leton, Pa. N. 1/2 off Muck Lot 159 less N.IO0t off W.180t arid Less S.109t 209.8t " 974.16 R. C. Lawson 9 SE 7th Ave.,City S. 109t of Huck Lot 159 109t " 506.12 Elizabeth B. Rhodes 222 Gleason St.,City WHEATLE~ Lot 1 90t ~ 417.90 George B. Moss 1616 W. Pierce St.,Milwaukee,Wis. Lot 12 95t ~ 441.11 Philip & E~elie Stevenson 17 Nassau St. ,City Lot 13 90~ ~ 417.90 Geo. J. Blum Box 1473, City THE VILLAGE Lots 4 & 5, Blk. G 289.45~ ~ 1343.99 David M. & Beatrice R. Griffith 405 E. 54th St.,New York 22, N.Y. 204 OCTOBER 26th· 1953 T~ VILIAGE Lot 4· Blk. Ho 145t $4.64327 $ 673.28 Chester Newman 247 ~cGrath Hvy, Somerville· ~ass. Lot 5,Blk. H. 145' ' 673.28 Arthur N. & Mildred S. Brooks Bqx 827, City TOTAL ASSESS~T 48 71 38* 22 619 12 Grading and resurfacing of Nassau Street, from Ocean Blvd. west to Gleason St., to a width of twenty (20) feet. NASSAU PARK S. 66.54* o~ Lot 2 & E. 35' of Lot 3 162.5' 2.0048 $ 325.87 Howard Hancock & Neva V.Cherry Cedar Rapids, Iowa E. 27* of Lot 3, all Lot 4, E. 35* of Lot 5 112' ' 224.53 J. Stuart Warrington 5 Nassau St°, City W. 15' of Lot 5, all Let 6, E. 20* Lot 7. 85* " 170.42 Helen T. LeClere ' #1, 28th St°,Pittsburg, Pa. ~. 30t Lot 7, all Lot 8, E. 12' Lot 9 92* " 184.43 Albert L. & Edith F. Greenwood 39 SE 5th Ave. City W. 38* of Lot 9, E. 30t Lot 10 68* " 136.33 Philip &hilie R, Stevenson 17 Nassau St.·City E. 30* Lot 11· all Lot 12· ~. 25* of Lot 13 105' " 210.51 Frank Y. & Alice G. Jaggers Box 2212· City Eo 25* Lot 13, all Lot 14· ~o 14o5' Lot 15 89.5* ~ 179o43 Henr~ ~.& Isabelle DaCosta Sage 555 Fark Ave, N.Y. E. 35.5' Lot 15, W. 19.5' Lot 16 55* " 110.26 Mrs. Roblye P. Keck Mt. Vernon, Ind. E. 30.5' Lot 16, W. 26.5' Lot 17 57* " 114.27 H.C. & Laura Dieffenbach Box 873, City E. 23.5' Lot 17,all Lots 18 & 19 197.5' " 395.95 Hargaret I. Losee& Edward & Eliza Buchs 302 S. Ocean Blvd.,City TOTAL ASSESS~ENT.........°.°....o...°.. 1023.5' $ 2052.00 Williamson-Deibe1 Subdivision Lot 1 159' $1,8368 $ 292.06 Ormond V. &~larion W. Gould P. O. Box 898, Ft. Lauderdale,Flao Lots 2 & 3 214.2~ " 393.45 Bruce Bt.din P.0.Box 87· Wilmington, Del. 205 OCTOBER 26th, 1953 Williamson-Deibel Subdivision Lot 4 & E. 45' of Lot 5 105' $1,8368 $192.87 Dan L. & Grace L. Pickerinl 534 E. Fifth Ave. ,Lancaster,Ohio W. 15' Lot 5, All Lots 6 & 7, & E. 32.5' of Let 8 167.5' " 307.67 Edith H. Smith 12 Miramar Dr. ,City ~,. 27.5' of Lot 8, All Lot, 9, & E. 5' of Lot 10 92.5' " 169.91 Roy N. ~ Mildred F. Thomas P. 0. Box 1346, City W. 65' Lot 10 65' " 119.39 V. Jane Hanson 18 Hiramar Dr.,City ~/. 65' Lot 11 65' " 119.39 C. Victor Deibel, Exec. 17 Court St.,Canfield, Ohio E. 5' Lot 11 & W. 55' Lot 12 60' " 110.21 James A. & Carolyn I1. ~ilsey 15 Miramar Dr.,City E. 5' Lot 12 & all Lot 13 65* " 119.39 Ruth S. Housh 13 Miramar Dr.,City Lot 14 & ~. 15' Lot 15 75' ~ 137.76 W. R. & Stella V. McClenaghan P. O. Box 2076, City E. 45' LOt 15 & all LOt 16 105' " 192.87 E. H. & Edith B. Scott P. 0. Box 175, City Lot 17 60' " 110.21 Elizabeth Mort Brown P. 0. Box 1051, City Lot 18 60' " 110.21 Armond ¥. & ~larion ~. Gould P. 0. Box 898 Ft. Lauderdale, Fla. TOTAL COST OF IHPROVEHENT............1,293.2' $2,375.39 GHADING And resurfacing Sea Spray Ave., from Andrews Ave. west to the Clecle, to a width of twenty-two (22) feet. SEA SPRAY ESTATES 8 ' lOO, $5,186 $518.60 Mr. a Mrs. Lawrence Hagen 101 Sea Spray Ave.,City Lot 9 75' " 388.95 Henry S. Taylor 111 Sea Spray Ave.,City Lot 10 100' " 518.60 Richard ~cElrath Ocean View Ave. City Lot 11 75' " 388.95 Lucile McKee Thomas 125 Sea Spray Ave., City Lot 12 100' ~ 518.60 Paul Myers 133 Sea Spray Ave.,City OCTOBER 26th, 1953 SEA SPRAY ESTATES LOt 13 104' $5,186 539.34 A. H. Morse 9 India St.,Boston, Mass Lot 14 42' " 217.81 Robert A. & Catherine K. M. Kelly 808 N. King St.,Zenia, Ohio 10' Walkway 10' " ~5io87 City of Delray Beach Lot 15 42' " 217.81 Harold S. & Ilelen H. Bond 100 Sea Spray Ave.,City Lot 16 104' " 539.34 Pauline & Glenn Sundy 140 Sea Spray Ave.,City Lot 17 100' " 518.60 Mrs. Lucie C. Marsh 134 Sea Spray Ave.,City Lot 18 75' " 388.95 Arthur E. & Elizabeth ~. Jones 126 Sea Spray Ave.,City Lot 19 100' " 518.60 Willard Waters .120 Sea Spray Ave.,City Lot 20 75' " 388.95 Gertrude W. Finley P. 0. Box 1617, City Lot 21 100' " 518.60 Harold S. & Helen H. Bond 100 Sea Spray Ave.,City TOTAL ASSESSMENT. ...... . ..... . .... ... 1202' $6,233.57 AFFIDAVIT OF PUBLICATION DELRAY BEACH NEWS Delray Beach, Palm Beach County, Florida STATEOF FLOHIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared A. Moore Lapham who on oath says that she is editor-General ~nager of the Delray Beach News, a weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertise- ment, being a legal ad in the matter of assessment roll was pub- lished in said newspaper in the issues of Sept. 2~, Oct. 1, 8. Affiant further says that the said Delray Beach News is a news- paper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each Friday and has been entered as second class mail matter at the post office 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 she has neigher paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in the said news- paper. (Seal) /S/ A. Moore Lapham October 26th, 1953 Hearing was then held and objections asked for by the I~ayor. City Manager Lovelace filed three letters from property owners, protesting the assessment fo~ the resuvfae~ng of Gleason Street~ all of whom cla~med the cost was ex0rb~tan~, ~r. W~llard Waters p~otested against the assessment ~o~ the ~e- s~fae~ng of Se~ Sp~ay Avenue. He stated that the cost ~s excessive in com~rison with other street assessments and the p~operty o~e~s have already paid ~or the installation of storm sewers on that street~ wh~c~ should have been installed at City expense and which makes the cost to property o~ers for improvements on that street in~cess ~8.00 per f~nt foot, Hr. ~aters fu~ther contended that the street was originally built by the developer accordin~ to City specifications~ and should have been maintained by the City, which has never been done. He protested the assessment against his own property and ~at of other property owners, claim~ that no res~dential property in the C~ty can afford to ~ay such exb~b~tant p~ices for ~mprovements. He also felt that the C~ty should absorb part of the total cost the project. City ~anager Lovelace ~xplained that the ~st of th~s particular street resurfacing was highe~ than others because of the fact that it is built on a muck base and ~equired ~re preliminary construc- tion york. Hr. ~yron A. Rogers, ovneP of property on N.~. 7th St. also p~otested the cost of ~es~facing this street. ~e claimed that the street did not need im~rov~g and t~t the cost vas excessive for the amount of ~ork done on the street. Hr. ~alter Seymour, also protested the cost of assessment against property on N.~. 7th Street. He particularly objected to being assessed For a pavement vhich ~11 last for t~enty yea~s, vhich leads only to County l~d. He also stated ~at ~od streets can be built according to City specifications for~ one-third of this cost, and he felt that p~ope~ty o~ers are being over-charged, and a~e not berg protected by the Council as they should be. City H~ager Lovelace th~ stated that the contract prices vePe very close to the Consulting ~gineer's estimtes, ~d that all ~ecords are on file in his office ~d can be checked at any time. He also explained that these streets are built to last for ma~ years ~d can not be compared vith streets bein~ put in b~ develop- ers for one-third of this cost. After fu~ther ~iscussion ~ motion was ~de by Co~c2lman Saun- ders that this hea~ing be continued ~til the next re~la~ meeting, and that ~. Geo. B~oc~ay, the Consulting Enginee~ be asked to be present at that meeting to answer questions, and that the City ~ana- get have all f~cts and figures at hand, so that adjustments c~ be made ~ ~ropert~ o~ers, iC ~a~ranted. The motion vas seconded by Councilman Kabler, and carried ~animously. The first reading of 0r~inance to conf~m Assessment Roll on this Street Resu~facing project, was also defePred for tvo reeks. ~r. Seymou~ then questioned the method of ~btaining bids on street improvement p~ojects. He felt that enough competitive bids ~eue not solicited, ~d asked that the proposed sand-sealing p~o- gram be also delayed ~til a qualified Engineer c~ go over the entire City street lmp~vement program and Mvise as to the best procedure. Co~cilm~n K~bler reco~ended that action on ~ new stree~ im- pro~emen~ pro~ect, scheduled to be initiated ~t t~s meeting, be deferred, in order to p~fit by errors fo~d ~t the next public hearing, if ~y, ~d th~ bids for street ~vin~ be ~lso solicited from out of town conce~s in the ~t~e; also that our specific~tions changed to require hot ~sph~l~ construction. City M~n~er Lo~el~ce then advised t~ if the policy of the C~ty for street specifications is chan~ed to require hot the City c~n require Developers of. new Subdivisions to build this type of street. ~e follo~in~ Ordinance was then brou~t up for second ~nd final reading: O~IN~CE NO. G-180 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 209 October 26th, 1953 OF DELHAY BEACH, FLORIDA, AMENDING SECTION 19, AS AMENDED, OF CHAPTER VIII OF THE CITY CODE OF DELRAY BEACH, FLORIDA, BY PROVIDING AND REGULATING THE NU~fBER OF LIQUOR LICENSES PER BLOCK AND REGULATING ENTRANCES FOR RESTAU- RANT AND HOTEL LICENSES HEREAFTER ISSUED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: That Section 19, as amended, Chapter VIII o£ the City COde of the City of Delray Beach, Florida, be and the same is hereby amended to read as Follows: "SECTION 19: No intoxicating liquors shall be sold in any place Of ~dsiness or establishment in the above described terri- tory unless the main entrance to said place of business or estab- lishment is located on Atlantic Avenue or on the Ocean Boulevard or on N.E. 8th Street, or on 6th Avenue (Federal Highway); and further provided, in the event application For liquor license hereafter be made For a bar or package store to sell intoxicat- ing liquors in any hotel or restaurant conforming to the require- ments of Section 561.20 (2), Florida Statutes, 1953 (which pro- vides for non-quota liquor licenses), within the above territory, no license shall be issued unless access to such bar or package store shall be through the main lobby o£ the hotel or restanrant, and such bar or package store shall be operated within the con- Fines o£ such hotel or restaurant and not be visible From any street or public thoroughfare. In that portion o£ the above ter- ritory, not more"than one such place o£ business or establishment shall be licensed within any one block. AFter such license has been issued for conducting such place o£ business or establishment in any one block on either Atlantic Avenue or N.E. 8th Street or 6th Avenue (Federal Highway), no license shall be issued For the sale o£ intoxicating liquor in any place o£ business or establish- ment in the block imediately across on either Atlantic Avenue or on N.E. 8th Street, or on 6th Avenue (Federal Highway) £rom the block wherein the sale o£ intoxicating liquor has already been licensed. No intoxicating liquor shall be sold in the above described terri- tory at any place or business, location or establisb~nent within 300 £eet oF an established school or church." Section 2: That all ordinances and parts o£ ordinances in conflict herewith be and the same are hereby repealed. PASSED in Regular Session on second and £inal reading, on this the 26th day of October A.D., 1953. R. J. Bolland MAyor ATTEST: C'l~y 81erk (Seal) 1st Reading: October 12, 1953 2nd Reading: October 26, 1953 Passed and adopted: October 26, 1953 Upon motion o£ Mrs. ~oehle, seconded by Hr. Kabler, and un- animously carried, the Foregoing Ordinance No. G-180 was passed and adopted as read. The £ollowing Ordinance ~as then brought up for second and final reading, and same was read in full.' ORDINANCE NO. G-181 AN ORDIN~J~CE GOVEP~ING THE INSTALLATION, REPAIR AND MAl?~E~ANCE 209 October 26th, 1953 OF OUTSIDE TELEVISION A2ITE~A ~2~D, OR TOWER INSTALLATIONS WITHIN THE CITY LIMITS OF DELRAY BEACH, FLORIDA. BE IT ORDAINED BY THE CITY COU/~CIL OF THE CITY OF DELRAY BEACH, FLORIDA, as follows: SECTION 1: That for the orotection of life and property and in the best interest of public safety, the following rules shall be adopted. SECTION 2: These specifications shall apply to all Television and Radio Installations: A. Masts and Tower sh~ll be of corrosion resistant material and approved type. When a mast or antenna is installed on a roof, it must be supported on its own platform and securely ~nchore,~ with guy wires. B. Guy wires shall be of corrosion resistant material and when anchored shall be mounted with lead anchors or lead expansion shields. C. Transmission lines must be of approved type, and must be kept at all times free from electric and telephone wires and must be so secured that they cannot swing closer than 10' to lines carrying over 250 volts. D. Guy wires shall be placed at intervals close enough to guarantee support sufficient to withstand hurricane winds. E. Minimum spacing for guy wires shall be as follows: 2" pipe every 20' in 3 directions; 1 O pipe every 15' in 3 directions; 1" pipe every 10' in 3 directions. F. Every mast or antenna shall be permanently grounded by approved methods. G. The current issue of the National Electric Code is hereby adopted and approved as a part of this Ordinance as a minimum standard for any item not soecifically covered herein. H. No mast for the support of antennas shall be erected within the distance of its height plus 6' of any wires operating in excess of 600 volts, unless the antenna is lower than the wires operative in excess of 600 volts or by written consent of the Inspection Department. SECTION ~: PERMITS AND FEES: Permits shall be obtained from the office of the Electrical Inspector. All installations shall be inspected by the Electrical Inspector. The fee for each installation shall be $2.00, EXCEPT that re-inspections caused by: (a) Wrong address on application; (b) Installation found faulty upon first examination; (c) Corrections not made when re-inspection is requested; shall be subject to a further inspection fee of $1.00. S. ECTION 4: INSPECTION OF EXISTING ANTKNNA: All outside antenna for television receiving apparatus or equipment now maintained and in use within the City of Delray Beach shall be inspected by the Electrical Inspector within a reasonable time hereafter, and when the installation of such antenna is found to be in a dangerous or unsafe condition, the person, firm, or corporation owning, using or operating the same shall be notified in writing and shall make bhe necessary repairs or changes required to place such installation in safe condition and have such work completed within thirty days or any longer period specified by the Electrical Inspector in said notice. After' completion of reoairs, if the installation of such antenna is found to comply with the provisions of this ordinance, the Electrical Inspector shall issue a certificate of approval to the owner, and no fee shall be charged for such inspection or certificate. However, in the event subsequent inspections are required, the re-inspection fee here-in-above specified shall be paid. SECTION ~: PENALTIES; Any person, firm or corporation who shall violate any of the provisions of this ordinance, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than O~E HUNDRE~ DOLLARS ($100.00) for each offense, together with costs of the prosecution, and in default of payment thereof, by imprisonment, in the discretion of the Court. 210 October 26, 1953 SECTION 6,: UNCONSTITUTIONAL CLAUSE: In the event any section, paragraph, sentence, clause or portion of this ordinance shall for any reason be held unconstitutional, invalid or ineffective, the ssme shall not repeal, nulify, or in any manner affect any other section, paragraph, sentence, clause or portion of this ordinance. PASSED in Regular Session on second and final reading on this the 26th day of October A.D., 1953. /S/ R, J, Holland Mayor ATTEST: /S/ Ruth R, Sm~,.th ...... City Clerk (S~AL) 1st Reading; October 12, 1953 2nd Reading: October 26, 1953 Passed and adopted: October 26, 1953 Upon motion of Councilman Kabler, seconded by Councilwoman Woehle and unanimously carried, the foregoing Ordinance No. G-181 was passed and adopted as read. A form of lease, renewing lease on Block 37, with the South Florida Gladiolus Festival and Fair Association, was presented by the City Manager and read in Full as follows: LEASE THIS LEASE, Made this 26th day of October A.D. 1953, by and between the CITY OF DELRAY BEACH, a Municipal Corporation in Palm Beach County, Florida, Herein called the lessor, and the SOUTH FLORIDA GLADIOLUS FESTIVAL AND FAIR ASSOCIATION, herein called the lessee, WITNESSEE, That for and in consideration of the sum of One Dollar ($1.00) this day paid by the lessee to the lessor, and in further consideration of the covenants herein contained on the part of the said lessee to be keot and performed, the said lessor does hereby lease to the said lessee: Block Thirty Seven (37) of the Original Town of Linton, 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, in Plat Book 1, Page 3. This lease shall be for a term of five (5) years from this date and the lessee shall pay an annual rental of One Dollar ($1.00) on each anniversary of this lease. THIS LEASE is made by the lessor for the purpose of enabling the lessee to operate a festival and fair association on the above described property, and to erect such building or buildings or tents to be used in the furtherance of the purposes of said association. In the event that this property should ever be used for any other purposes then this lease may be declared terminated by the lessor, by giving the lessee, or its successors or assigns, ninety (90) days notice of intention to terminate this lease. In the event this lease is terminated, the City of Delray Beach may elect to retain any permanent structures placed on the above described property, or upon giving notice, in writing, to the lessee, the lessee shall remove any buildings placed thereon. IT IS FURTHER AGREED by and between the parties hereto that in the event the above d~scribed property is not used by the lessee for the purposes set forth above, or if the lessor needs and wishes said oroperty for a more worthy civic, public or charitable purpose, then this lease may be terminated by the lessor by giving notice as set forth above. IT IS FURTHER AGREED by and between the parties hereto that between April 1 and December i only, these grounds may be used for such other carnivals and circuses as may be ~uthorized by the City Council provided that: 1. Adequate surety against possible damages to the grounds or buildings is furnished to the South Florida Glad~li Festival and Fair Association, which surety shall be either cash or approved bond not to exceed $2000 in amount; 2. A deoosit of $100 is made to the Association by the applicant for the circus or carnival license which deposit shall serve as a guarantee that the 211 October 26th, 1953 grounds will be satisfactorily cleaned after such circus or carnival has concluded under pain of ~orfeit of the deposit to the Association; 3. The Council shall clear all requests for use of the lands herein leased for any other purpose than the Gladioli Festival and Fair through the Association and shall know the ooinion of the Association before such other use is authorized, but the Council shall not be bound by that opinion so long as the bonds, or cash, or deposit as outlined above, is duly posted. THE LESSEE COV~'~ANTS that it will make no unlawful, improper or offensive use of the said premises, that it will not assign this lease or sublet any part of the said premises without the written consent of the lessor, that it will use the said premises only for the purooses set forth above. IT IS HEREBY COVEN~'I~D ~mrD AGREED that if the lessee shall violate any of the covenants of this lease, that they shall become tenants at sufferance and the lessor shall be entitled to re-enter and re-take possession of the above described premises upon the giving of the ninety (90) day's notice as set forth above. IT IS FURTHER UNDERSTOOD AND AGREED by s. nd between the parties hereto that the lessee shall have the right to renew this lease for a further term of five (5) years from the exoiration of this lease; upon the same terms embodied in this lease, upon giving notice in writing to the City of Delray Beach thirty (30) days before the ex~iration of this lease. THE LESSEE COVY~JANTS AND AGREES that it will maintain the above described property in clean condition and that ~fter each Gladiolus Festival and Fair, it will remove all rubbish, papers and debris of all kinds. IN WITNESS '~HEREOF, the lessor has caused this lease to be executed by its Mayor and attested by the City Clerk and the City Seal to be affixed thereto, an d the lessee has also executed this lease on the date first above written. CITY OF DELRAY BEACH (seal) By /S/ R, J, Holland Mayor ATTEST: /S/ Ruth R, Smith City Clerk SOUTH FLORIDA GLADIOLUS FESTIVAL AND FAIR ASSOCIATION Si~ned, sealed and delivered ) in our presence: ) By /S/ R.C, Lawson, Pres, ) ~S/ Marie W ~ Williams _ ) ) /S/ Rose M, Markey .. ) APPROVED: /S/ Neil E, MacMillan City Attorney STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared R.J. Holland, Mayor, and Ruth R. Smith, City Clerk, respectively, to me well known to be the individuals who executed the above and foregoing lease on behalf of the City of Delray Beach, and they acknowledged before me that they executed the same freely and voluntarily as and for the act and deed of said City. WITNESS my hand and official seal at Delray Beach, Florida on this the 2nd day of November A.D. 1953. (Seal) /S/ R. D. Worthing Notary Public, State of Florida at Large. Mr. R.C. Lawson, Presid,nt of the Fair Association, asked that the dates be changed to allow other Carnivals or Circuses to use the Fair Grounds between April 1st and November 1st only, as preparation for the Gladioli Festival require use of the land ~t other times. He also stated that Rest Rooms would have to be provided, as the Fair Association had built their own rest rooms and they were used for storage space. After consideration a motion was made by ~s. Woehle that the lease be approved, but with the provision that the grounds may be used between April 1st and December 1st by other carnivals or circuses. The motion was seconded b? Councilman Saunders and upon call of roll carried, the vote being as follows: Mayor Holland - Not Voting; Councilman Kabler - Yes; Councilman Saunders - Yes; Councilwome_n Woehle - Yes. October 26th, 1953 City Manager Lovelace then o~esented a request from the Civitan Club for use of either the F~ir Grounds, the Athletic Field, or City property on SE 10th Street, for a Minstrel Show on February 16th. The Fair AssociAtion had asked that as a matter of policy no Circus or Carnival be allowed to come in the City within thirty days of the Gladioli Festival, as they h~ve to make this promise to their C~rniv~l Goncessionaires. This, of Course, would conflict with the request of the Civitan Club. Mr. O. D. Priest, Jr., President of the Civitan Club, addressed the Council. He explained that they had contracted for a Minstrel Show, which is not a Carnival, to be held on February 16, and if not allowed to use one of the above mentioned properties, it would have to be held outside of the City, which they wQu!d rather not do as it is a fund raising project for charitable purposes. After discussion by the Council, a motion was made be Councilman Kabler that the Civitan Club be allowed to use the south Football field on West Atlantic Ave. for a Minstrel Show on February 16th, as he believed it would not conflict with the Gladioli Festival to be held later in the month. The motion was seconded by ~s. Woehle, snd carried unanimously. Upon motion of Mrs. Woehle, seconded by Councilman Kabler, and unanimously carried, building permit was approved for the construction of a store building on the S.W. corner of N.W. 5th Ave. at 2nd Street, with a ceiling height of 10' instead of the required 12' height, as all other regulations would be complied with. (Harry Haygood, Applicant) Recommendation of the Planning Board as to the use of Block 45 on West Atlantic Avenue for a Golf Driving Range, was read by the City Manager as follows.~ "October 26, 1953 Members of the City Council Delray Beach Florida Gentlemen: The Planning Board and Zoning Commission approves the request of Mrs. Grace Weir, through her Agent, that the use deviation be permitted .for the whole of Block 45 in connection with its use as a Golf Practise Range. Very truly yours /S? Kenneth Jacobson R.S." Upon motion of Councilman Kabler, seconded by Councilman Saunders, and unanimously carried, the recommendation of the Planning Board was accepted. Upon motion of Councilman Kabler, seconded by Councilwoman Woehle, and unanimously carried, application of R. L. Dryfuse for permit to construct an office building on the N.W. corner of SE 3rd Avenue and 2nd Street, which would have the appearance of a small home, but with a ceiling height of 8'5", was approved, as all other regulations would be complied with, and approval was recommended by the City Manager. Report from the Plumbing Examing Board, as to the results of an examination given on October 19th, was read as follows: "October 23, 1953 City Manager and Members of City Council Delray Beach, Florida Dear Sirs: The Plumbing Board examined Mr. Raymond Lythgoe, 800 Osborne Road, Lantana, Florida, for a Master Plumbing License, on October 19, 1953. He received an sverage grade of 81%. It is the recommendation of the Board that a license be issued to him. Resoectfully, /S/R.A. Hughson Plumbing Inspector, Delray Beach, Florida" Upon motion of Councilman S~unders, seconded by ~s. Woehle, and unanimously 213 October 26th, 1953 carried, a Master Plumber's license was aporoved for Mr. Raymond Lythgoe, as reco~nended by the Examining Board. A new rate contract coverin~ electric service at the Municipal Pool, which would effect a saving in the cost of electricity used at this location, was presented by the City Manager, and upon motion of Mrs. Woehle, seconded by Councilman Saunders, and unanimously carried, the Mayor and City Clerk were authorized to execute this Standard Large Power & Light Co., on behalf of the City of Delray Beach, subject to approval of the City Attorney. Mrs. Woehle then brought up the matter of purchase being made at the Golf Course in excess of $500.00, without first being presented to the City Council for approval. She asked for clarification of an account marked "Operating Supplies" which had exceeded the budget estimate for the last fiscal year. City Manager Lovelace ex~lained that the Golf Course account as a whole had been controlled, and that a balance of $94.20 was shown for the year's operations. He further explained that the operation of the Golf Course is a little different than other City Departments, as the City Charter provides that the Golf Course shall be operated by a Golf Committee. Mr. Joe Rose, Chairman of the Golf Committee, addressed the Council. He felt that the Committee should not be tied down to submitting requisitions for all purchases made, and that money is saved by purchasing fertilizer, marl, or other items in large amounts, which do exceed $500.00. Mr. Lovelace agreed that bills for large amounts of fertilizer, for instance, are m~de up of smaller numbers of pounds~ and as a better price is obtained by purchasing larger amounts st one time, he felt it was not irregular to do so. After further discussion by the Council, a motion was made by Councilman Saunders and seconded by Councilman Kabler, that the City Manager and the Golf Committee discuss the matter of handling accounts of the Golf Course more efficiently, and make their recommendations to the City Council. Upon call of roll the motion carried unanimously. The meeting then adjourned. City Clerk APPROVED: Mayor