05-14-51 101
}htY 14TII, !9~1
,,e~ula, ma,-,tJt,,~ oF t,~, City r'.o~mci. 1 of the City oF Delray '~ '
wns hel~ in t~ Co~mcil Cbam~ers at 7:30 ~ ,,r with :'ia, vor J. L
Sa. tinders :[~, t~a Chair~ and ~ity Atlorney John :'!oore, and the follow-
lng Councilmen ppasent: Il. J. Hol!and~ John N.. i(abler, m'~,: Walter
I petition si_greed by fourteen property owners in the vicinity
of" ' " P~]. qtreet,
;'mr]~e :~py~ ~ add Lover's Lane, was rend a.s follows,
and ordered Filed:
To tb~ Houopa~]_n City co,moil
C~ty of Delppy Beach, Florida.
~,e~ tln~ ~de~si~ed owners off ~_~, .pty..l¢opdepiDg on Lovers
Lane and in tl'~ ~ea it was platmed to serve, herel~y protest the
er, nver,d.o]: of t'is pedestrim~ wn. lk to a street.
When thi. s area was originally dirtied into l¥~ilding lotn~
~'r. Frank Noble, the owner, promised the in-
some ~O yoars a~,, .~ .
~lJvidual buyers of lot~ that h~ would provide fop their spe¢ial
use a pedestrian walk extending from Palm Sq~m. pe to the Canal ~d
named it Lovers ~nne. Lots were purchased ~md residences located
an,~ erected accordingly. To convert this pedestrian walk into a
street viii gre~lly depreei,te ?resent property w~]ues, not only
alon~ the 225 Peet Lovers Lane but also in the c,mtiguous area,
with ~.o eounter-bsl~ncJn.7 benefit.
~m sug.zested conversion will not solve the problem of the
dead-end street oP Hn.p~ne Why at Atlantic Avenue. There ~411
ne~d to he a turning space Fop ve"icles on ;~i~rJ.ne ~ay al or neap
Atlantic Avenue. Certn~nly not ~t Lovep¢ nsne, 300 Peet to the
~outh.
South .:mst First Stpe~t p~lns D~pallel with lovers ~,ane~ aleut
25~ Peet to the south. With the dead-end ~t Atlantic Avenue the
vehicular tP~PPic on Narine Way will be decidedly less than in
the past. ThereFore there is n,~ legitimate need whatever PoP in-
creasing the Facilities oP ~ast-~est vet~Jculap traFFic in this
~loek.
(qi~ed by 14 property ovneps)
No request was Piled Pop the opening oP this "Lane", but upon
motion oP Co~meilman llolland~ seconded by Com~ci~man l{oth~ and
unanimously carried~ the Council agP~d to deny any such applica-
tion iP P~led in the Future
A p~tition si~ea by s ev~n property o~mers in ~lock 117, re-
questing the op~ning oP th~ ~lley Punni~g north and south through
this Bloek~ was read~ as Follows:
WE~ the undersi~ned property o~mers Iivin~ and residing in
~lock llT~ oP the City oP l~elray Beach~ Flopid~ or owning property
within the bo~dapJ, e~ oP saifl llloek~ do hereby petition the City
Co,moil oP the ~ity oP DelPny Be~ch~ Flopida~ to take the necessary
steps and actions to ~p~lg at}out the complete rebuild~g and ~ying
oP the alley p~ning north and ~outh through the center oP said
1
Block 117, from Atlantic Avenue so~thward t~ S.E. First Street;
and we desire to have said al_Icy properly rocked, water-boluqd
and oiled, according to City Plains and Specifications for the
construction of city streets.
(SJ~ed by T property owners)
Approximately 75~ oC the ?roperty owners who would be as-
sensed CoP this improvement had signed the petition~ and it was
reCer~ed to a Committee consisting off Councilmen Kabler~ Hollnnd
and Roth ~or investJgation~ an(~ to obtain an estimate oC the cost~
who were asked to, make t~oir recommendation to the Council at
a later meeting.
~Irs. M~x ~foehle, representing the Business m~d Professional
Women's Club, ad~ressed the Council with reference to a possible
location in th~s City for the 2alto Beach Jr. Co].].~ge. She ex-
:~:lained th:~t the College, which has been operat~.g ~'t }iorr~son
F~eld in I~est Palm Beach, must move in the very hoar future, and
needs forty a, cr~ of land to build school buildings and dormittor-
ies~ and to t~ke care of its expansion program~ for w~ ch they
plan to spend aro~d ~T50, O00.O0. She asked the CouncJ 1 to sub-
mit a 7-opositJon ~o them for locating in Delray Beach, if land
is available.
The Co,ell ¢tiscussed this proposition, after which a motion
was made by CouncJ~lman Kabler that Co~mcilmen Roth,&Saunders
appointed as a Committee to try and secure the amour o~ acreage
needed~ near Lake Ida~ which ~alm Beach County owns at ~Js time.
The motio~ was sec(.nded by Councilman Holland, ~d upon ca. Il oC
roll carried ananimously.
An agreemant prepored by the ~lo~dda I~ast Coast Railway
between the Trustees oC the Railway Co. ~nd the City off Delray
~eoch, pertaining to the inst~llation oC a storm sewer i~ipe line
across the riz~d~t-oC-wny ~md ~mder the r:,ilroad tracks at N.C. 1st
qtrc~t, in connection ~.th the Gtorm ~ewer Dr:~inage ?roject under
constr~ctJon, was presented by the City Attorney, ~o advised
that the agreement w~s acceptable, in his opinion~ ~,~th the ex-
ception oC Section 7, which he felt was unreasonable CoP this
type oC constrnctJon.
After consideration, a motion was made by Councilman Kabler~
seconded by Councilm~ llollant~, that the following Resolution be
adopted, approving said agre(~ment, as amended by striking out
Section T as recom~aended by the City Attorney~ and authori~.ng
its execntio~ by the Mayor and City Clerk on beh~lf of the City
oC ~)elr:~y Beach. Upon call oC roll the motion card, ed unnnJmously.
RRSgLUTIO~' NO. 798
The following list of policies reconruended by the Tax Assessor,
with reference t- the operation of the Tax Assessor's off?ice, was
read as follows:
"Kay 9, 1951
TO - TqM CTTY CO:~NC~L
The Tax Department respectfully submits the Following list
o~ ~7olicies, supplement~l to the Etandard R~te Echedu~es for this
munJcipaliW, approved hy the City Co,ell at a special meeting
held }.iay 2nd, 1951~ which are designed for the .~urpose oF assess-
merit and taxation of both ~I]2AL ASaP PE~SONAL property located within
the estah]iChed bo~mdaries of the City o~ Delray Beach, Florida~
flor tho Year 1951.
1. Any b~ilding over twenty (20) years o~ ~ge upon berg remodeled
shall he allowed a d~preciat]_o, discount of ten (10) percent
For each of t}~n ten (10) year¢ following the year oF re~i~odeling.
2. The height for Flat ~ooff buJ. ldings will })e t;,ken from the g~und
to the top o¢ tho roof.
3. The ~,eight Cot Ga]~]e ~ooff l~uildings w] 11 be t~ken ffrom the g~.und
to th~ :'~e~m roo~ heJ.~ht.
4. Th~ h~i.~t cC ~1 one-story commercial ]~uild~gs shall be ]rased
on tho st~ndard Pig~.~c of 12 feet whenever act~lal ]'~c~t is
tmknown, ]~ut actunl hoight shall ~o d~termined by measurement
dur~.ng ye~,r or complete, on to ef'~ect a fair and true assessme~t.
Tot,~1 Lnnd ant! Iml,rove,;ent w~',,ues are to toe assessed to
nearost ~:1.00. f~.gl,!P~ ,.~cm~t ]s.~d sJ, pl]. !)e assessed at exact
6. A mdt p~ice ot ~ pep c~tb4, c toot shall akq~ly to all l~rge
7. 2~,]] comra~micatS~ns are to be answered, m~d requested infor-
ti or f,p to any t .... -im3ep tn wbmn s~,ch infl,,rm;~tJon is ,'l]pectly pc-
;~hepe act,mi'cash vcque is Piled on !qusine.ss Person:~l Property
qetapns, assessn~mt shall be n~¢ae o~ PiPty (50) percm~t there-
oP. Where no 'b~t. urn is ?JleJ~ InT, e~dupe shall be in conPormity
with ,~ection 83 of tlm ..
" ,~t.y of Delray Eeach Charter.
10. Personal Property R~turns Prom l'l~sif!ences~ 2p;,Ptment ;Iot~es and
IIotels~ iP acceptar, le, ape to be assessed o~2 their entirety.
r~o l)eel, i.,
a '~lAon is received from su, ch taxpa.yeps~ Personal Prop-
erty assessment shall be ten (10) percent of the assessed valua-
lion of ~ho building tmle~, suelq figure appears ~ be tmpeasonably
1. ow~ in which case l]roced~re shall be in conformity with Section 83
of the City ChaPter.
...... , .~,,,u,: Regardless of ;my return which may be filed
by any taxpayer, the valuation ct any itam or iten~s ct proper-
ty shown in the ret~n shall in no case prevent tine City
sessop oP Taxas Ppo:n determining ~d assessing the ~11 cash
value a. ecopding to his inPopmation ami best judgment, or Prom
determining and entering upon the return ct the ta. xpa~ep an~
item op items ct personal property which the City assessor
Taxes na2 Pind has been omitted thepePmm, subject ~o the re-
strict, ions and limitations menti,,nea and ccn tainea in Sectiens
83, 84 awl 85 oP the City Charter.
12. New buildings~ incomplete as of the first of the year and not
usable, are not to be assessed. IP usable and tenanted, thou~
not completed, assessment shall be made on the portion which
is both usable an,] ten. ted.
13. I~.an a new sub-division is platted~ it is to be assessed, on an
acreage basis m~til sixty (60) percent of the land is sold~ ana
shall, th~ughottt such period, onl. y apply to the owner of the
tmsold portion of the sub-,~ivi~ion ~til such time as 60~, of
the land has !)-eh sold. Any and ~11 Lots sold from the date of
Pipst Lot Sale ape to he asqessed on Front Footage Basis IF front
Poor unit value has be;m established.
14. Use oP Tax 2eeords by the Public shall comply ~th the follow-
lng:
1. Secure permission Prom the Assessor's or. ce.
2. Ascertain that the time and place of use will not in any
way ineonvenienc~ th~ Tax OfFice nor any Departmental work
in the City ttall.
3. Any assessment c, rds, complete Block or Section Folders or
parts tlnereof, a-e to be removed from the Assessment Files
ONLY by the Tax Assessor or Assessor's as~[stants.
4. No Tax 2ecord nor Assessment Card shall be removed from
tl~o Tax office without complete knowledge a~d expres --: ed
consent of the Assessor's office.
/S/ ',~. ~. Worthing
No. 6, referring to a m'~it ppi. ce of 50¢ per cubic foot for larg-
er and better constructed re.~idences, was referred to t])e Taxation
Committee of the i~rop~rty Owners Protective A~:~ocJ. ation for c,msider-
ation and recommendat~m~ back to the Cmmcil.
AFt. er (tisc~s,:iop by the Comlcil, the Folio;al.rig two paragr;:phs
were amended to read a,: follows:
No. 12 - "On or ~bout December 31st of each year tr~e Building
Inspactor shall inspect all construction in progress in the City o~
Belr;,y Beach, and rake a permanent record as to tine extent of com~
pletion, ami should a.y dispute arJ se resulting as to the d.).gpee
co,npl~tion, such dispute slmll l~e settlea at the discretion off the
City Co,mci 1".
Item ~:o. 4, Faragraph No. ld - "No tax record or assessment
card shall he remov,',a Sro., the Tax ~fSice except for use by the City
Council in t~ae City llall and except assessment cards wbJ ell are re-
moved fro,, t~'~a Ass~,ssor's office by the Assessor, on official duty."
Upon motion -~ Co~cilman i~ahle~-, seconded by Councilman Ilol-
lan¢l. ~a umanimously cap~'iea, the gore?trig list of policies
mftted ~y the Tax Assessor were a/q:roverl, as alqove
The following Ord,.nonce was then "fought uI) Fop second and Fin-
al ro~i..g allfl same was rera in full:
ORDINANCE NO. ~-121
AN 0TID~NANC~ 0F TN~ CT~' C0r;NCTL 0F TIlE CITY
0F DELRW B~ACH, W~0qlD?., CR~7. TTNG T;~ 0~ICE OF
DIRECTOR 0~ ~VTLIfiN DEFrWqE, 0UTLINIY~
DUTIES fin~' AU?~r:P,I'~' OF TUv DIr~"!CTOrl, PliOl~!I~G
FOP DECLA~I'TIOYS OF Z}~RG?~CIEY AND PRO~DING FOR
~, ...~..v, ~ ~0LATIONS OF TUB 0~INANC[~,
F0~ VI0~kTYONq OF FEDE~IAL AN~ STATE
Nr. Max Woehle, f~m the a udience, c~it~cized the ~ord~g
the Ordinance. 2he asked that the words "Civilian DeFense" be chang-
ed to "~ivil DeFense" to conform to Or2inances passed by other
cipslities.
Mrs. Wobble also asked t~at 2ection 2, Paragrsph a, Be amended
to include a Public ~alt]q Officer ,:,f the City of l)elray Beach, a.s
sh~ elaimrtrl he would ~e an important person in the ease of an emer-
gency, in eap5.ng fop tlne sick~ wounded or dead.
Tho amendm~mt of qect, ion 5 to read as follo%'s was also requested:
"Local emergencies ex~sting in %he City of De]~ay Bosch shall be
declared ]~y t~',e ?rayor, City CO!lrlcjl, Cil.y Ha.nager, or in case
t~e abseuce oF -the above t~ree authorities, by the 9irector
Civil Dete~se".
man ~fabler, that tl~e foregoing OrJinance ~(o. q-l~l ]~e passed a~t
adopterS, wi_tl~ the fallo~.ng amend~ents:
1. Word "Civilian" be ch~ngod to"Civil" wherever it appears
2. The appointment of an ';xee.~t,j. ve Committee be amended to
include lhe Public llealth ~FPicec of the City of Delray Beach.
3. ~marg,mciea shall be declared by the )layor, City
City 5~anager, or in ca~e of the abser~ce of these t.!~ree authorities~
by tb:~ 9i.~-ector of CivJl Defense.
The motion was seconded by Councilman l{olland~ and upon call
of roll cam-i~d unanimously.Tbs follo~.ng Ordinance was adopted as
amended:
AN OE'~IN~NC~ OF T~'~ CITY COUNCIL OF Tii'2 CITY OF
DELRAY P, EACII, FLOEIDP,, C~ATIY~ Ttl~ OFFICE OF
DIR!~CTOR OF CIUL DEFI~'SE, OUTLINING ~{E L, UTIZS
AND AUT}~0EI~ OF T~{E DIIH'~]CTOI'{, ?'.':O~DING FOR
DECLAR'~ONS OF E>~qRG~NCIES AND P~iOVIDING
FO~ lqOLJ. TIONS OF F~!~ERAL _%YD STATE REGULATIONS
WHEREAS, there is an existing and increasing possibility of
the oecuranee of disaster or emergency of ~mprecedented size and
distr~etiveness resulting f~m enemy attach, sabotage, or other
~ostile action, or frown natur;~l cause, an~ in order to insure that
preparations oF th~s City ~11 he adequate to deal ~th such dis-
asters or emergencies, and generally to provide for the ~mmon de-
fense and lives and property of the ~?eople of the City, it Is ne-
cessary t~.t ~he office of Director of Civil Defense Be created,
NOW, TUEREFORE, ~ IT 0~AINED BY T~ ~ COUNCIL OF T~ CITY
OF DELR~Y BEAC~,
SECTION 1: That the office of Director or Civil Defense is
hereby created by the Cit~, Council. The D~reetor
of such office shall be appointed by the ayor, and the appoint-
merit shall be approved by the City Council. He shall serve at the
pleasure of the City Cotme~l.
SECTION 2: The duties and authority of the Director of Civil
Defense shall be as follows:
a. He shall he authorized to appoint an Executive Con~ittee,
wT~'~ch shall include th~ City ~anager, Chief of ?oliee,
Chief of the Fire Depart~nt, and a local representative of the
Palm Beach County Ameriem~ }led Cross First 3id Committee, and the
Public I~ea].tb 0f~ice~- of !he City of Pelray Beach, and shall also
include such other- in,~ividuals as the 9irector shall de~i.gnate.
b. lie shall have such authority as implied a~d sot Forth by
F~deral or ~tgte laws or diPect~ves.
He is instr~cted to cooperate with the Co~mty ?irector
of Civil Defense :~n tiaa protection of m~incorporated
ter~itory lying a0jo~'e~t to tl.e City.
d. Ilo shall, ~y himself, or tosefher ~th ~is Zxecutive Board,
he the ruling %o~'y over s!l ~i~_l Defense For tl~is City.
e. ][~ shall set up such organization as he deems necessary,
or is d~rocted By the State or F,~deral auth,,rilies to set
up, For the proper defense of the City, and sh~ll set up and main-
t,~n an orgcniza~ional chart in t]~a ~iv~l Defense o~ffice. Ilo shall
have the a~thor~ty to mak~ al! nypo~tments, and Ids ap2ointees
shall serve at ~H.s
f. Ue shall bold a ro,D~lar month~y me,~ting of his Execrative
Co,rmitteo, at such date as ~a shsll set and t~,e City
shall ~e notiffied of th r~ ti.me and plac~ of !~olftins such meeti~gs. All
such meetinss s~all ha opeu ~o t}~r. 7.~fl'>ljc. ~e is also anth.,rized
o ........ ,- "ostion fil,~, in w~ich
suggestions for Civil Dofenqe l;y tho pL0:lie, or
shall ~e tiled.. The !)iroctor a~,~ 'ds qxeeutive '.~oard shall act on
al_l..su*~.~tionso:.~., at each r?gular nte,.t~.a, whi ch "',' ·
rm i,~ .!n!.o. 'Sac~ susse~iior~ s!nall t~r. eii,%or O.i. smissed, filed
f~it.~lpo c:-~:$:~Jorrtion, or mit into effect.
a.t a~l ti,~es, wi*,hin t!~e City li,Mts off ~ elrvy Bench, Flor-
i. ..~ shn~l ~pond ~uc!~ City monoy for CivJl i~ofle~tse os ai~2reved
s*;~mJt ~nmr~ t<~ th,~ ?~ty Caunc~l at tiaa ~ropor hu,lget time.
j. tie shall m~.mit i,r. thp City Cr,uncil, ir, very brief form, a
mm~thly report of ~l. 1 nmq-sacret defense meas~tres a~.i pro-
cod~wes in curr, o~t operation. Buc}~ report sl~ull be i:~,lo av:~il.a!',le
t,o tho press.
k. lip ~he!]. s.%.,~t to all local, newspapers such directives,
educational 5~lffor~!n, iioN Oll~l r~ports as he (looms necessgry
to ;,roperly od~cot, e ;~,d Jllffopm thoo"°nPrr~l pul~l, ic on ~1;11 Dofe~ise
a,n~ the necessary precautians to bo tel;on.
1. lie shall, he a,~!.borized to cr,~duct stlch registrption ns he
dooms necossary of all persons ;raj materivl that exists
~CTION 3: The Bireetor sh~,ll use such insignia. ,~ i~ design~ ted
by gt:~t~ and Federal Civil .llefensa aufl~orities.
less an emergency has be.m (l,~elared, no 5dontifJcati~:n, insJgnia,
equipmnnt or sup21i~s shall I've issuad to any onr, who has not completed
t,h~ minimtm~ course of tppinJng Po;' that activity as prescribed
th~ Co~.mty~ ~,ai, e or Feder;'.l ofP~ce.
qECTTON 4: Upon the d,mlaration of ;m e.~ergency in the sup-
ro~mdirg area. the City ~;anas.r s~.d ?,irect(r of
Civil Defense are nutborized 'to telze suc!~ me~;sures as they deem
necessar'y to cooper, to fuIly in !~qn.qj~g ~'e~ief to tho affected
SECTTON 5: Local emer,,senc]es exi~t].ng in the City of Delray
Beach shall be declared hy the ~ayor, City Commil, City Hanager,
or In case of the absence oC the foregoing, by the Director of
Civil Defense.
S~CT~ON 6: Any per-on who shall use Civil Defense insignia
without authority, a~d any person ~d~o shall viol~t,e any of the
provisions of U~is 0rdin~nce or any ,:.,~ the /rovisions of Federal
and 9!.,re laws, re~lations or directives so as to ~mdanger tho
c,qm,on defer-se, public paace~ health and safety of this City, shall
upon conviction thereof be .[umished by a fine of ~ot exceeding
~100.00 or by imprisonment in the City jail for not exce~dina
thirty day~ or by both such fine m~d i.m,.,risonment~ in the discre-
tion of th~ Ym~i.cipnl Judge.
PAq.q.~D on sac,md and finnl read~ on tills the 14th day of
A.D. 1951.
: /S/ L.J.Saunders -
Mayor
ATTEgT:
/s/ smith
City Clerk
(Seal.)
1st Reading - :lpril 23~ 1951
2nd Reading - },lay
Passed an~ Adopted -}Iay la~ 1951.
The following Ordinance was then hrousht up for second a,d final
read]~.,g, and sam~ was re;',d in full:
AN 0II'~T}:..~.};C~ 0F T~['~ CTTY COUNCIL 0F TIIE
CY~' OF DELPCY BEACq~ FLORIDA, PROVIDING
TH).T NO WALL O*~ , F~>~CE Eli, 2~_,L'" BE ~iECTED, NOR hedge grown,
BE ALLO~4ED Tf~ ATTAIN A N~qIGNT ABO~ T;~EE
FETT, U!TI{IN TI{:~ FRO~T SET-BAG[ AII~ OF
LOT LOCATED IN fury ~:UqYYE2::; DISTr;ICT FII0?fT-
ING ON ATL%YTIC AVE]rUE 02 T~ FEDE~.tL HIGH-
WAY IN ~IP CITY OF DELR%Y BEACH, ~OEIDA.
Ohjeet~ons to the passage of thJs Ordinance were requested
by the >iayor.
q~vera], owners ~,f resj. dantial, or 1)usiness ,,roperty along, the
?eder~ UJghway. apper'r~O to ~q'otost this CrCJnanc~ fe,~ling it was
diserJminatinZ az~,inst a few, and would destroy the bea,~ty of the
ontra~tce to tho City. The consm~sus off opinion ser~med to ],e that
a~y c~nJ~t'lon ,,:hich const~t~tes a hazard sho~ld be corrected as a
"n~dca~ ce", ~),~t ~l! ~eaut~fication in these tw,, bu~in¢~ss sections
should nr, t 1,e eliminated.
?~gtar ;, discussion hy the Com~cil ;,nd the audience, a motion
was ;npde 1, y Councilman TJn,hler and seeondml 1)y Cotmcilman lloth~ that
the f, roposod Ordinance t,e referred hack to the City kt'orney got
redp~ft~ng~ with the-provision that any o~stpuction i~ a set-back
in l~,;sines~ sections on tho Federal ighway or Atlantic Avenue.
~,~ a,,ted. Upon call of roll tlne ~t~,,'!io~ carried
Tlqe following Ordinance was thop l~mught up Fop seco,~d ~,r,d Pinnl
pearling:
O,[DI: .... C:~,.,,va. G-121A
AY 0R~:TN:~x'CT 0Y TUP CTTY Cf~I~qCIL OF TU? CITY OF
~.,~:.J~,u~ B ,' ,, ........ , t',.- ,20. :I G LOT~ 1S to 22,
........ , ','~,,-~..~., ,,(_. ~ ;':LOCi( 89, CIIT OF
BrTqT~'~qq
~.~,,,., .'.: .~. the gotlillg ~>Ol~.Pd Of the City of Delray Beach ~,as re-
geeped 5ts recommendatiotns to tho City Co.ell o~ said City For
the gollowing re-el.a,~igieation r,~ zoning~ and
"",', ,~ ..... 0.,. +*,,, ,~ property owners ar~ected by such re.-glassifieation
have %emq Adven d~e notice as required by law,
~'O~f m~r~n-p~m. BE IT ORDAINED by the City Co,mcil of tim City
of_nelr~v. ,q~ach, Flopid~, a~ Follows:
Section 1: That Lots !2 to ~2, inclusive, of Sub-Division of
Bloe~ S9'[ Ci}'[y""of Belrr~y Bench, Florida, accopdi~g to the plat there-
of on gile :in thn oflPic~, of the Clerk of the Circuit Court in and
Talin ~o;~ch Cotmty. ~'rlopldr,,' p~:~copJed in Plat ~oak 4, page_ 5.5.
auJ tt~,~ ~nma ¢.pe h~pnhy rc~-zon, ed from Ap;'xptmtmt to ?one rnl
~,, .v J.H P,~,5, ilPP ~e~si. Ort on s~c,-)t-~(], ami Fi_n~l p,~rdin~ un
the 14th day oF )lay,A.n.1951.
L. J..~,:.l,l, leps
Nay o~
City C1 ePk
1 )
1st 2enditlg-J_pPil 23, 1951
2nd R,~ading - }~ay 14, 19.51
t a,.sed an~! adopted.- ?;ay 14, 1951
pa~s:ed and sdoptmt ns vevd.
~po~P -P pu~lJe, ntie:~ oP Notice to the :'ublic calling a h.,~-
Jng to be held on this :7:~i.e. Pop object, iot~s to cept:dn proposed
City Chart, cF oF the City of :Oelpay Beach. F!opida, a pul)lie heaping
~dll 1,e held , n ppoposed a,non,~ment~ to the City Chnptep. such amend-
merits b~jrlg set Pop%h in a hill to be
. _. ~,6 TU~ CITY 0P A POLIO' '-'' "' F0~.: TY
?~ ~'' , ...... 1, CO;TNTY, FLO,,I:.,A, WUICH :.O ..~
""~ .... ~ S~' ~ ~ ............. P~'VTDIN~ FOR ~.~,
xf~MT At<" ]L[I'-T~N&NCE C'~ A r~I~LIC .......
:t~ ,~,.~T BOOK F~I{ ~;7Ctt
.............. '~ ,,~J_,,,~ ...... l,~ · .... :~k Ar,~:22, C~', OF A CITY
,~:~.~,,", ~,~,. 'u, ~"~ 5;UCIT CITY
~,~,~..~ON~ ~J.ITiT J! PriOVID~(G FOIl T1I'2 ;~.~T~
MTNT /,N'~ ~r~T-~,~M~'~ C~F A ~ e .....
..... , .............. ~',.,, D~K VO~ :5~ .,ti CITY
SPECI~'/NG TT~7 IN~P3/ITTOF AYE', X~kTERIAL TO BE I[~ TIIERE-
,.. ,.,,~ P~¥)VIETNG FOR T]~ ~'~'~rISIr'r~(~ ,'~Y~; ~LIIN-
TEN32,JCE OF A LiND ASSEg%ITENT )2P ~R ,... '~NTID7 CITY OF
9EL~IY B'~ACII, PALM BEACH COTu%:TY, .~Or~DA, PRO~DING THAT
SUCH ~L~TM StL. tLL B'E i(~T IN TII~'7 CI~' COUNCIL C!IA]IBEFiS, AND
~PQVTDT~rC ~)~i T"~ ~'m~ TO BE LISTED ~ '~'"~
And
"~, BILL TO mE ~v~ "
........ o~ T
AN ACT TO AMEND STTB-SECrION (2) OF ,~.,C~iON 7 OF ~[APTER
25786, L~,',,~'T ...... OF_ ;~O.,ID~k, ,S~CTM:. ,~= ACTS OF 1949, RECITING TO
r,_,, .:,~ 0P TIFf ~I~ ~EL~!Y ..... ~,CII, A ~Y~JICIPAL CO~O-
~ ~ ' O~ '~'P uLO~_,A~ TO ACQUIRE ....
2A ,ION ~ALM B ~:i_:ll COUNTY, ~ 1' 1' ~"~0. ,~a~,
ILEAL OD ~
BY Oil TO ~E ~narrTREl} ~Y TlT~q CI~: OF DsLII~Y BEICH, FLORIDA:
Such public hearing shall be held at 7:30 TM
= .... on Monday, May 14,
1951, in the co~meil Chambers at the City Ilall of the City of Delpay
Beach, Florida.
/g/ Jolm Moore
City Attorney
AFFIDAVIT 0F '7 i~LICAT!CN
Delray ,Beach, Palm Beach County, Fla.
gT:'TE C~ ~T:O~'IgA
Before the undersJf?~ed authorJ, ty personally al)peared Merritt. B.
lTillJapd wb.o on oath ways [~at he is General Manager of the Delpay
B~aeh News. a weekly newspaper ptP,lished at DelFt9" Beach in 2alto
~](ta.~ that the ~t a¢t~ed coov oF advertisemen%,
a ~ul~lie 7otice was 'pul~lished in sviJ newspaper in Ute issues of
~4v ~, laS1
AfPi. ant. 'further says t,l~at the snid ]~elrry lleach Yews is a news-
papeP ;'riklis}led at ?~elr,y Deanh~ in s~,l 2alto noach County, Florida,
~n~! that th,~ ~aid n~m, spaper ~. l,eret, oFore 1,e,:.. cont]:'_uously p~D, li..sh,~d
as~ second c!a~:~:~ m~ 1 mai:top ;~t !.l~c. '7ost office in 5elrr, y ge,~ch, in
saS,! rl:u .cac!~ Comity, Ylor'id.~.~ For a por~o,z of o~ yevr next
cqdJ:'~ tho C~pst 7~f lie.:alion of ibr? ,-~t~ch~,O copy of advertSs ement;
i, Cn"'NFUY' , fiPm r~l~ ..... COr~JOl%~ ,'~..~ al'l~~ ,!i~:CC, l.~!~, t' ',,[~,
· .~erritt q. '.i!liard
(zeal)
The Following f,~o,o~d. .. ~ Ell]. ~;a~ ~!~e~. r~:ad.. %- t.~n Cj~,-,_~ ..'ttor:~ey,
. "' ........n .. '" --C TM CP
.!PT~ aW 1%!9, ~ ' ,~ mn ~ ..........
..~ ~ l-I ~ ~
nfl ?rocedurc~ Ff,r >;e!ll.n.5 real prop~rt, y, al~o per*.o,]..l pro2elt},
Agte, ,l] ,ct:s~:ion, tho 6ity Attornav was inst) .ted to namt,d tlze
proposed nj. Il t~, i.**clude the :uet,~-od of selling qJt}r ClVllea prolmrty,
which :i.s now l)a~ng Followed, ~tsmely that a 1)ese biJ shall be reed. al. veal
in the amount ,:,f 7Bf~ of the sssessnd val.~mtion for the i;rev~¢~s
property t, hen sol. fl to tho highest l~Jd,'er at t!~e City Ua].I steps at
a sp~ei.'Piod ti~ne, anJ thpt :~11 sal,~s sbal! t)e su!~jeet to the ap-
proval of t~a City Cou~cil.
3. Y ACT P~lOVll~lYg ~R T}fE USTABLIqIDF..~NT AND
~ ¥ ~v,x OF A POLICY P~ ' "
: :l,.. B'::-,ClI t,~ .~, ~,O~;I1)A, WIIICIt
pon-~ f, . . - ,,
, ._t~ S ,AIL CONTATN T'OLICI*t',~ US'~)ER ':O~T CII
. ,,En~,',T BOOK F( ~ F;UCII _,.tTY,
AN~ q~CCI~TNC TTr~. . 5A~ v,aF ~f,,, f:OYTUNTS T, ,,~u',IN"-' "1
,uu,.~t., TO ~I~,T; ,) ~iIUON; i~R-
Dx,.',~, r0:,.,[,C,! CI~' SP?CI~ING
No objeetim~s were filed to this proposed Act.
The follok, ing Ra~olutiop vas tile. ~.=rc. ented.
RESeLUT!ON ~0. 797
A ~.ES~LUTI ON OF ~t ~'
:. C~ COU~C~L OF TI~ CITY
~F DCLRAY ~CU, FLOAIgA.
W~{E~C~g: The City Council of the Ciiy of Delray Beach, Flor-
ida, ha~ deemed ~t edv~sa~le to amend Su~-Section 2 of o~ctlon 7
of the City Ch~rtep of the City of Delray Beach, Florida, and
~I~;~CAg: The City Co~eil of the City of Delray Bea. ch~ Flor-
ida, has de~med it advisable to provide for the est~blishment of
a Policy ~ook, a Public 2equest Book, a City Status ~rd, a City
~ress nesk, and for the maintenance o~ a L:md Assessment Map, and
WU"?:IUAS, pubIic hearings have been bald after public notice
on sa~d proposed Sp~ei~] _Lets, -
BE IT ,~, 't~w,,~) ,~. Tt~? CI'~' COTT*rCIL OW T;iF' CITY OF DELIU~Y BEA:~CII,
. .'I)~o~ ~tate ~ana, tn~ t~e }Iono~abla B.~Elliott~
That Russell 0 ' ~ ~ _
a~d tbs ll,>norahl~..., goh~ :_:". Bollinger, members of the liouse of
Peset~t;,t.~ves, be requasted tn g~ve m~d !_.nd their coopepation in
the intpo..~uction ar,,i pa~,ge ,)f the ppoposed Sp~cia. 1 Acts l~epein
mentioned wtmn th~, s~m~ ape ppes:ented to them at the 19'51 F]opida
L~lntupe.
P~_g~D A: AJ~O~T'~D hv the City Council of the City of i)elm,y
~ea. eh, Plopi,l:~, at a rr~gulap me~>tJ.r,g this 14th. day of lia.y, A.D.,
1.951..
/S/ J. L. Saundeps
Ha.yo~
ATTEST:
/g/ Rutl~ 11. Smith
City Clo~k
Upon mntiop, or' Com'~.c.ilman Eabl..ar, secn;~d~d ]~y Councilman
and ~man~m~,u~ly cam'iaJ, tim fo~og~in~ ~losolution ~':o. 797 wns ?assed
Upon complai~.t oF Councilman T':nih as to the c~md'it~on of
rock is thrown fl-nm tho ~tPoa~t upon tha sidewalk l~y cars parking
frc.,':t of the store, the City Attorney wr~ inst.~lcted to notify the
owners of this ~coperty that t~e conditicp must be remidied
. ,ol~,.nd and qcih were a,ttborized to also work
diately Councilman T* 'n ·
nn correcting this
Dr. W. C. ~illiams~ o~er of Huck Lot 140, on East Atlantic
Ave., appeared before the Co,oil, requesting that a City water main
which crosses the southwest comer of this property at the C~al,
~e moved to allow hid to dredge in ~e Canal back to his property
line. tie stated that he naa oDtainea permits U. S. Corps of En-
gineers for t~s dredging, and also to construct a bulkhead on his
property line, and t~,is water pipe would interfere with his work.
The matter was referred to the City Attorney for investigation
as to the status of the City with reference to the location of this
water main.
Dr. ~illiams also asked the Co~cil to reconsider the valua-
tion of t~is property for assessment p~poses on the 1951 Tax Roll.
He e~aimea that the Cowry naa conde~ea a 2~' strip of land along
ltlatie Avenue, and naa been granted a fee simple title by the
Co~t. This, in Ms opinion, removed his Atlantic Avmue frontage,
and should not ~e assessed as front~g on Atl~tic Ave. He stated
that the verdict ia this conurbation suit was rendered by the
Court December 7th, 1950.
City A*~rney ~oore explained that the assessment bust be nasea
on the condition of the property on J~uary 1st, and Dr. ~illiaas
was asked to submit a copy of the final decree in this conurbation
suit. ~e assessment of this property was held open unal f~er
information is received.
~r. H.A. Hubbard, represent~g the Delray Beach Library Asso-
ciation addressed the Council with reference to an item of ~a500.00
~ich was set up in the 19~-1951 budget for the Libra~ Builang
~d. He asked that this amount be t~nea over to the Libra~
this *ime, as they were conducting a drive *o raise tunas Sot
pleting and equipping the builang, and buying ~rni~ure and ~ooks.
Upon motion of Co~cilm~ Holland, seconded ny Councilm~ Kab-
let, and ~imously ear. ed, the Co~cil aumorized the payment of
this item of $~500.00 ~ the Library Building ~d.
t list of recommended changes in policies, submitted ~y t~
Building Inspector, was read as follows:
"~ay 2, 1951
~embers of the City Coacil
Delray Beach, Flo~da
~ent 1 emen:
The follo~ng proposed changes are submitted by the Suilang
Inspector:
1. (a) That all business ~uilaings in business ~s triers be
· limited to a minimum ceiling height of twelve feet from floor
to ceiling.
(b) That a parapet wall on the street side of any business
building shall have an additional height of three feet or
match such parapet wall over three feet in height on any
existing buildings on adjoining lots.
2. That the required twenty-five foot width of store buildings
be removed from the restrictions.
B. That all front elevation plans in any business district be
approved by the City Council.
4. That adherence to the 7'-6" side yard set-back for open car
portes, either frame or canvas, be left to the discretion of
the Building Inspector.
§. That the 1949 Edition of the Uniform Building Code be used
as a basis for our local building code, to replace the 193T
Edition under which we have been functioning.
Sincerely,
/s/ Ralph i. Hudson
Building Inspector"
"May 14, 1951
Members of City Council
Delray Beach, Florida
Gent lemen:
It has been suggested by the Contractor's Association, that all
permits on new construction (building permits, plumbing permits,
and electrical permits) be obtained at the time that the building~
permit is issued.
This method would not only save time for the contractors, but it
w~uld also save time in the filing of thee records in the Building
Inspector's office.
IF this suggestion is approved by the Council, each individual con-
tractor would be responsible For calling this office when }Ks par-
ticular phase of the job is ready for inspection.
Sincerely,
/s/ R. i. Hughson
Building Inspector"
Mr. Hughson explained that he had recommended a minimum ceiling
height of 12' for business buildings in all business districts, as
this height is required in some business districts, in order to
obtain uniformity, and also from a fire fighting standpoint.
AFter discussion of each item, the Council took no action on
(a) and (b) of Paragraph 1, feeling they were impractical at the
present time.
A motion was nde by Councilman Kabler to instruct the 0ity
Attorney to draft an Ordinance incorporating the recommendations of
the Building Inspector to provide for the approval of all front
elevation plans in business districts, by the City Council; to use
the 1949 Edition of the Uniform Building Code to replace the 1937
Edition, and to provide that all permits shall be taken out at the
time the building permit is issued. The motion was seconded by
Councilman Holland, and upon call of roll carried unanimously.
The following list of proposed water main extensions, submitted
by Paul Nicolls, Supt. of the Water Department, was read:
Submitted by Paul Nicolls 5-5-51
6" main extension on NE 2nd Street from alley East of ]~ederal High-
way to NE 8th Ave. 511 feet of 6" mechanical joint
10" main estension on South Swinton and First Street from water
plant to new well on SE First Street and railroad
1234 feet of 10" Bell and Spigot
10" main extension on North Swinton from Dixie Boulevard to NE 8th SSt.
1247 feet of 10" bell and spigot
10" main extension on NW 2nd Ave. from 1st st. to Second St.
662 feet of 10" Bell and Spigot
6" main extension on NW 16th St. (High Acres S/D Hydrant at 2nd & 4th
Avenues 1269 feet of 6" mechanical joJmt
All pipe to be cement lined Class 150~
Mr. Nicolls explained the need for these particular extensions,
and he was instructed to obtain an estimate of the cost, and submit
same to the Finance Committee.
Mayor Saunders appointed Dr. E. M. Father and l{ichard T. Hanna
as a Committee to compile information, and sources of information
pertaining to the fluoridization of City water, and to prepare a
written brief on this subject for submission to all local organiza-
tions and the newspapers.
Upon motion of Councilman Moth, seconded by Councilman Holland,
and unanimously carried, this appointment was approved.
Upon motion of Councilman Kabler, seconded by Councilman Hoth,
and unanimously carried, the City Attorney was instructed to prepare
an Ordinance for consideration by the Council, or submit a report on
the feasibility of a plan to assess property owners for the cost of
water main extensions, especially in new subdivisions.
Councilman Holland submitted the following three bids received
for a tank to be built for the new Dodge Power Wagon, robe used by
the Fire Department:
1. Delray Machine Shop - $896.50
2. Jurney's Blacksmith Shop - $325.00
3. Service Iron ~$orks ,W .Palm Beach - $265.00
Upon motion of Councilman Holland, seconded by Councilman lloth,
and unanimously carried, Fire Chief Gregory was authorized to accept
the low bid of Service Iron Works, in the amount of $265.00, and to
proceed with the construction of the tank.
Fire Chief Gregory, advised the Council that it w,:~uld be neces-
sary to employ an additional fireman to man a fire truck on the Beach
when the Atlantic Avenue bridge is closed. He suggested that a man
be hi~ed at this time, to work as an extra ~reman dung the va-
cation pe~od, and to Familiarize himself with his duties.
After consideration, a motion was made by Co~cilman tiolland,
seconded by Co~cilman Moth, and ~imously carried, that Mr.
Gregory be authorized to employ ~other fireman whenever the con-
dition of the bridge m~es it necessary for a fire truck to be put
on the Beach.
An appropriation of $40.00 was authorized for ~e p~chase of
asphalt tile for the bathroom and kitchen floors in the Firemen's
quarters in the City Hall, the ~rk to be done by ~e Firemen them-
selves, upon motion of Councilm~ Moth, seconded by Councilm~ Hol-
land, and ~animously carried.
The Clerk was au~orized to employ the j~itress for half days,
instead of 1-1/2 hours each day, at the same rate of pay.
~pon metien of ~o~cilman Moth, seconded by Co~cilm~ Kabler,
and ~imously carried, bills to tal~g $45,598.18 were approved
for payment, subject to the approval of the Fin~ce Co~ittee.
The meet~g then adjou~ed.
City Clerk ~
APPROVED:
Mayor