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04-23-51 A Regular Meeting of the City Council of the City of Delray Beach was held in the Council Chambers with Mayor J. L. Saunders in the Chair, and City Attorney John Moore, and the following .~ouncilmen ~resent: R. J. Holland, John N. Kabler, Nalter A. Roth, and City Manager C. M. Black, a quorum being present. The Council discussed a storm drain on Vista Del Ma~ Drive and a motion was made by Councilman Kabler to appoint a committee to meet there the following day at 2 o'clock to inspect Vista Del Mar and Sea Spray Avenue to determine w~hat action could be taken. Hayor Saunders appointed Councilmen Jacobs, Roth and Kabler to the committee. A motion was made bp Councilman Roth, seconded by Councilman Kabler to instruct the ~tty Manager to proceed with extending a storm sewer to the canal right of way and proceed with bull- dozing at once. The motion carried unanimously. (Lowry Street). A motiOn to include 2nd and 3rd streets with ~'owr7 ~Street was made by Councilman Kabler, seconded by Councilman ~olland and carried unanimously. The policy of placing seawalls on public street end facing the Cana~ was discussed. Councilman Kabler moved that the policy be changed as follows: "Seawalls on public street ends facing the Canal to be constr~cted back of canal right-of-way, only after a personal inspection by a committee of the City Council, and in such manner as they see fit, and only adjacent to a permanent seawall on the side of the street where the seawall exists." The motion was seconded by Councilman Holland and carried unani- mously. Mr. Pope, representing Bankside Realty Corporation, offered to give the City five royal palm trees and ten cocoanut trees if the City would ~emove them. A committee of Councilmen Jacobs, Roth a~d Kabler, was appointed to inspect the trees. The following letter was then read: April 17, 1951 Honorable Mayor and City Council Delr ay Beach, Florida Gentlemen: I noticed a report in the Delray Beach Journal, dated Thurs- day, April 12th, that Mr. J. W. Nowlin of your city requested that the city abandon its claim to a fi£teen foot strip of lanl adjoining the Fontaine Fox residence on North Ocean Boulevard. This fifteen foot strip is immediately south of property which is owned by Delaware Securities Corporation, whom we represent. APRIL 23, 1951 I would appreciate it if you would not take any action in this matter until we have had an opportunity to check to see whether or ~not Delaware Securities Corporation have any rights to the right-of-way. Yeurs very truly, /s/ J F Riley, Jr JFR/s City Attorney Moore stated his opinion was that the City has no right or interest in the property and asked that decision be postponed until Wednesday. The following Ordinance was presented on first reading: 0RDINANCE NO. G-121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CREATIE'G THE OFFICE OF DIRECTOR OF CIVIL DEFENSE, OUTLINING T~ DUTIES AND AUTHORITY OF THE DIRECTOR, PROVIDING FOR DECLAP~ATIONS OF EMERGENCIES AND PROVIDING FOR PENALTIES, FOR VIOLATIONS OF THE ORDINANCE AND FOR VIOLATIONS OF FEDERAL AND STATE REGULATIONS INCORPORATED i~EREIN. Councilman Roth moved the Ordinance be placed on first reading. Councilman Holland seconded the motion which carried unanimously. Rhea Whitley presented a final plat of Totterdale addition. The proposed bill was read by the City Attorney. A Bill to he Entitled: AN ACT PROVIDING FOR CHANGES IN THE TERRITORIAL LIMITS OF THE CITY OF DELRAY BEACH,PALM BEACH COUNTY, FLORIDA, BY ANNEXATION OF CONTIGUOUS UNINCORPORATED TRACTS OF LAND WITHIN PALM BEACH COUNTY; PROVIDING SUCH TRACT OF LAND MAY BE ANNEXED BY ORDINANCE IF SAID TRACT CONTAINS LESS THAN TEN FREEHOLDERS, AND FURTHER PROVIDING THE METHOD AND MEANS OF OBJECTING TO ANY SUCH ANi~EXATION; FURTHER PROVIDING THAT IF MORE THAN TEN FREEHOLDERS WHO ARE REGISTERED VOTERS IN THE COUNTY OF PALM BEACH RESIDE IN SAID TRACT OF LAND, ~HEN SUCH TRACT MAY BE ANNEXED ONLY BY A MAJORITY OF ~TES AT AN ELECTION OF THE FREEHOLDERS IN SUCH TRACT, AND THE FREE- HOLDERS WHO ARE QUALIFIED VOTERS IN THE CITY OF DELRAY BEACH, AND FURTHER PROVIDING A REFERENDUM. BE IT ENACTED BY THE LEGISLATURE OF Tm STATE OF FLORIDA: SECTION l: The City of belray Beach, Florida, may APRIL 23, 1951 change its territorial limits by the annexation of any unincor- porated tract of land lying contiguous thereto and within Palm Beach County, ~ the following manner: If such tract, contains less than ten (10) freeholders, the Council shall, by ordinance duly passed, declare its intention to annex such tract of land to the City of Del ray Beach at the expiration of twenty (20) days from the final passage of said Ordinance, which said Ordinance shall thereupon be published in full, once a week for two (2) consecutive weeks in some newspaper qualified to publish legal notices, published within the City of Delray Beach, or, if no such newspaper is pub- lished in said City, then in some newspaper of general circulation published in Palm Beach County. If, at any time before the expira- tion of the twenty days any fifteen (15) freeholders of the City of Delray Beach, or any four ~4) or more freeholders of real estate in the district so proposed to be annexed, shall object to such annexa- tion, they may apply 'by petition to the Circuit Court of Palm Beach County, setting forth in said petition the proposed proceedings of the City of ~elray Beach, and the grounds of their objections there- to; whereupon the Circuit Court shall order notice of said applica- tion to be served upon the Mayor of said City, and appoint a day for the hearing of said application; and all further action in the premises by the City of Delray Beach shall thereupon be stayed un- til the further order of the said Court. If, upon the hearing of such application, the said Court shall sustain the said objection, the said tract of land shall not be annexed; otherwise said applica- tion shall be dismissed and thesaid tract of land ahall be annexed to the City of Delray Beach, Such petition may(be~heard and de- termimed by said Court, either in terms-time or in vacation, and questions of fact may be determined by such Court without a Jury, but each party may demand a ju~y if it so des~ res. If no objection is filed and notice served as aforesaid within the said twenty (20) days, the City of Delray Beach may proceed by ordinance to annex the said tract of land, and to redefine the boundaries of said City mo as to include t~erein the said tract of land. If the tract of land so proposed to be annexed contains ten (10) or more freeholders the Ordinance proposing to annex said lands shall be submitted to a separate vote of the freeholders who are registered voters of the City of Delray Beach, and of the freeh~olders who are registered voters in Palm Beach County, of said tract of land. Such election shall be called and conducted a~ d the expense thereof paid by the City of Delray Beach; and the said tract of land shall not be annexed un- less such annexation is approved by a majority of the freeholders actually voting at such an election in said District, or tract of land, and by a majority of the registered voters, who arefreeholde~s of the City of Delray Beach, actually voting at such an election. SECTION 2: Shhuld any wo~d, phrase, paragraph, or part of Section, section or sections hereof be declared unconstitutional or inoperative, or void, such decision shall not affect the remain- ing provisions of this act. Section 3: This Act shall become effective upon its ratifica- tion by a majority vote of the quali£1ed electors residing in the APRIL 23, 1951 City of Delray Beach, Florida, who participate in voting upon the question of the approval or disapproval of this Act, at any special, primary, or general e~ection held not later than De- cember, 1951. Section 4: Subject to the provisions of the referendum hereinabove provided, this Act shall become effective upon its approval by the Governor, or upon its becoming a law without such approval. Mr. Whitley explained that the lot marked 21 is to become a public street when continued to the west. This lot and Lot 5 would be dedicated with a provision that improvements will not have to be made at the present time. He stated these cor- rections would be made and that the Proposed Act and Resolution were not c~ntingent on approval of this plat. The City Attorney then read the following Resolution: R~,SOLUTION NO. 795 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY CHARTER TO BE AMENDED BY T~E 1951 FLORIDA LEG- ISLATURE TO PROVIDE FOR THE CHANGES IN THE TERRITORIA~ LIMITS OF THE CITY O~ DELRAY BEACH, AND TO PROVIDE FOR THE ESTABLISHMENT OF THE -- MUNICIPAL COURT AND ~UALIFICATIONS OF MUNICIPAL JUDGE FOR THE CITY OF DELRAY BEACH, FLORIDA. W~{EREAS, the preSent Charter Act of the City of Delray Oeach as specified in Chapter 25786, Laws of Florida, Special Acts of 1949, describes the boundaries of and the territory to be in- cluded within said municipality, and ~H~AS, the City Council has at several of its meetings considered and discussed the advisability of providing for changes in the territorial limits of the City of Delray Beach, by annexation of contiguous unincorporated tracts of land within ~alm Beach County; and WPLEREAS, the City Council Bas deemed it advisable for reasons of clarification to amend Section 47 of Chapter 25768, Laws of Florida, Special Acts of 1949, relating to the Municipal Court, and the Municipal Judge, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, as follows: 1. That the present Charter Act of the City of Delray Beach, in Palm Beach County, Florida, be amendBd by a Special ~ct of the 1951 Florida Legislature, providing for changes in the territorial limits of the City of Delray Beach, Florida, as set forth in "'A BILL TO BE ENTIE~L.~D:" APRIL 23, 1951 AN ACT PROVIDING F0H CHANGES IN THE TERRITORIAL LIMITS OF THE CITY OF DELRAY B~ACH, PALM BEACH COUNTY, FLORIDA, BY AI~'NEXATION OF CONTIGUOUS UNINCORPORAT~'.D T~ACTS OF LAND ~ITHIN PALM BEACH COUNTY: PROVIDING SUCH TRACT OF LAND MAY BE ANNEXED h~Z ORDINANCE IF SAID TRACT CONTAINS LESS THAN TEN FREEHOLDERS, AND FURTHER PROVIDING THE METHOD AND ~ANS OF OBJECTING TO ANY SUCH ANiqEXATION: FURTHER PROVIDING THAT IF MORE THAN TEN FREEHOLDERS ~O ARE REGISTERED VOTERS IN THE COUNTY OF PALM BEACH RESIDE IN SAID TRACT OF LAND, THEN SUCH TPU~CT OF LAND MAY ~E ANNEXED ONLY BY A MAJORITY OF VOTES AT AN ELECTION OF THE FREEHOLDERS IN SUCH TRACT, AND THE FREEHOLDERS ~HO ARE QUALIFIED VOTe;RS IN THE CITY OF DELRAY ~EACH. A copy of said bill is attached hereto and made a part hereof. 2. Tha~ ~ection ~7 of Chapter 25768, ~aws of ~lortda, Special Acts of 19~9, be amended by a Special ~ct of ghe 19~1 Florida Legislature, relating to ~nicipal Court snd Municipal Judge for the City of Delray Beach, as se~ forth in "A BILL TO BE ENTITLED": AN ACT TO AMEND SECTION ~7 OF CHAPTER 25768, LA~'$ OF FLORIDA, SPECIAL ACTS OF 19~9, RELATING TO THE ESTABLISH- MENT, JURISDICTION AND SESSIONS OF THE MUNICIPAL COURT, AND THE QUALIFICATIONS, APPOINTMENT AND COMPENSATICN OF THE MUNICIPAL JUDGE OF SUCH COURT OF THE CITY OF DELRAY B~CH, A MUNICIPAL CORPORATION OF PALM BEACH COUNTY, FLORIDA. A copy of said bill is attached hereto and made a part hereof. 3. That a certified copy of this resolution shall be mailed to the honorable Russell Morrow, State Senator, the Honorable B. Elliott, and the Honorable John Bollinger, Members of the House of Representa- tives, ~ith a request that they give and lend their cooperation in the introduction and passage of the proposed Special Acts herein mentioned when the same are presented to them at the 1951 Florida r~egi slature. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, at a special meeting this 7th day of May, A. D. 1951. Mayo r ATTEST: City Cl'e rk SEAL APRIL 23, 1951 Upon motion of Councilman Roth, seconded by Councilman Holland, the resolution was adopted. The motion carried unanimous ly. The opening of Lover's Mane was tabled for further study. The following letter was t~en read: April 13, 1951 i~ir. Charles E. Olack City Manager Delray Beach, Florida In answer to your request for the fee for a semi-annual audit of the City of Delray Beach, we will audit thebooks for the City, exclusive of the Water Department for a fee of 1,350.00, payable $675.00 on the completion of each audit,. ur fee for the annual audit of the Water Department for the fiscal year ended September 30, 1950 was ~450.00. For a semi- annual and an annual audit of the current fiscal year the fee would be approximately $600.00. Very truly yours, FREDERIC~DUNN-RANKIN & CO. By /s/ ~leanor M Ryan EER/ao The City Manager was instructed to make a written recom- mendation on the proposal of Frederic Dunn-Rankin & Company ~ for auditing City books semi-annually. The following Ordinance was then read: ORDINANCE NO. G-121A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RE-ZONING L01S 18 TO 22, INCLUSIVE, OF SUB-DIVISION OF BLOCK 89, CITY OF DELRAY BEACH, FLORIDA, FROM APARTMENT TO GENERAL BUSINESS ZONE. The Ordinance was placed on first reading, upon motion of Councilman Kabler, seconded by Councilman Jacobs and unanimously carried. The following Ordinance on the obstruction of set-backs in business districts was placed on first reading: A~RIL 23, 1951 ORDINANCE NO. Upon motion of Councilman Kabler, seconded by Councilman Holland, the Ordinance was placed on first reading with an amendment to apply only to Federal Highway and Atlantic Avenue. Upon call of ro~l, Councilman Roth voted against the motion and Mayor Saunders, Councilmen Holland, Kabler voted in favor of it. The following Ordinance was then read: ORDINANCE NO. G-120 AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF DELRAY BEACH, FLORIDA, DEFINING THE MUNICIPAL DEPARTMENTS OF SAID CITY, PURSUANT TO THE TERMS OF THE EXISTING CITY CHARTER, AND IN CONJUNCTION WITH THE EXISTING CIVIL SERVICE ACT, AND PROVIDING A SAVINGS CLAUSE THEREFOR. WHEREAS, Section 13 of the existing City Charter of the City of Delray Beach, Florida, bestows upon the municipal Council the power by Ordinance to create, change and a~olish Departments, and ~LEREAS, Section 2 of the existing Civil Service Act in effect in said City provides that all persons regularly e~ployed by said Municipality in any Department shall be construed to come within the provisions of said Civil Service Act (except those e~ployees appointed by the City Council), NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1: That from the effective date of this Ordinance, the Municipal Departments of the City of Delray Beach, Florida, shall be: (a) Police Department (b) Fi re D ep ar tment (c) ~epartment of Public Works APRIL '23, 195 1 (d) Water Department (e) General Department, under which every employee shall be deemed to be working, unless employed by one of the fo ur above mentioned Depar truants. Section 2: That, if any part or portion of this Ordinance shall be declared illegal by a Court of competent Jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED AND ADOPTED by the City Council of ~he City of Delray Beach, Florida, on this the 23rd day of April A. D., 1951. May or ATTEST: Ci~'y' Clerk SEAL Upon motion by Councilman Kabler, seconded by Councilman Holland and unanimously carried, the Ordinance was passed and adopted on final reading. A special meeting was scheduled for Thursday at 3 P.M. to approve the proposed Legislative Acts. The following building permits were approved upon motion by Councilman Kabler, seconded by Councilman Roth and unanimously c atria d: E. R. Constans -Lots 8-11, Block 105, two store rooms. Andrew Bloetscher - Lots 8 and 9, Block 12, 0sceola Park, one store room. Authorization was given for a traffic light at Ocean Boule- vard at 8th Street and a blinker light at NE 8th Street and 5th Avenue. The meeting then adjourned. (Taken from notes made by Mrs. Smith)