09-06-51SpMtg SlgPT~'~B~R 6th, 1951
A Special Meeting of the City Council of the City of Delray
Beach was held in the City ManaEer's office at 7:30 P.M. with
Mayor Walter A. Roth in the Chair, and City Attorney John Moore,
City Manager Robert Lovelace, and the following Councilmen present:
W. A. Jacobs, John N. Kabler, and W. C. Musgrave, a quorum being
present.
A Resolution to amend Resolution No. 761, authorizing the is-
suance of Special Tax Revenue Certificates for the extension and
improvement of the Golf Course, was presented by the City Attorney,
who advised that the Resolution had been aoproved by the Board of
Directors of the First National Bank, the purchasers of the Cer-
tificates, and by their Attorney, J. W. Nowlin, The Resolution was
read in full as follows:
RESOLUTION NO. 812
A HESOLUTION OF THE CITY COUNCIL OF THE CITY
0F DELHAY BEACH, FLORIDA, AMENDING SECTION 5
OF RESOLUTION NO. 761, PERTAINING TO SPECIAL
TAX R~VENUE CERTIFICATES ISSUED BY THE CITY
OF DELRAY BEACH, FLORIDA.
BE IT RESOLVED by the City Council of the City of Delray Beach,
Florida, ~ follows:
Section t: That Section 5 of Resolution No. 761 of the City
of Defray Beach, Florida, be, and the same is hereby amended as
follows:
"Section 5: (a) That there is hereby created for the purpose
of paying principal of and interest on the certificates herein au-
thorized and establishing and maintaining a reserve for such pur-
pose a fund to be known as the "Special Tax Hevenue Certificates
Sinking Fund", which is hereinafter in this resolution sometimes
referred to as the "Certificate Fund". °uch fund shall be kept on
deposit in the First National Bank in the City of Delray Beach,
Florida, or in such other bank of equal standing and rating as may
hereafter be specified by the City Council.
The money held in said fund shall be held by said depositary
as a special and not a general deposit and as a special trust fund
the beneficial interest in ~ich shall be in the holders from time
to time of the obligations payable therefrom. All money in such
fund shall be continually secured by the deposit of collateral se-
curity having a market value at all times of not less than the amount
on deposit in such fund and shall be otherwise secured to the full-
est extent required by the laws of Florida for the securing of pub-
lic deposits.
Money received by the City from the excise tax levied and im-
posed by the City under the provisions of Ordinance Number 535, as
adopted by the City Council on July 9, 1945, as amended on January
28, 1946, as amended at any time prior to the issuance of the certifi-
cates hereunder, upon every purchase of electricity, bottled gas
(Natural or manufactured), and local telephone service (herein called
SEPTEmbER 6th, 1951
the "utilities service tax"), while any of the certificates herein
authorized remain outstanding and unpaid, shall be placed by the
City in the Certificate Fund as such money is received, and to the
extent hereina£ter Orovided, and all money so placed in said Cer-
tificate Fund is hereby irrevocably pledged to the payment o£
principal and interest on the certificates.
It shall be the duty of the depositary of the certificate
Fund to transmit to the City Clerk not later than July 1§ of each
year an amount taken from the Certificate Fund which will be suf-
Ficient to pay principal of and interest on the certificates due
on the succeeding August 1st, and interest on the certificates
Falling due on the succeeding February 1st. There shall be main-
tained in such Certi£icate Fund, at all times, an amount~suF£i-
cient to pay principal and interest Falling due in the next suc-
ceeding calendar year.
(b) That the City of Delray Beach is hereby authorized to
withdraw from such Certificate Fund any monies in excess of the
amount necessary to pay the principal and interest Falling due in
the next succeeding calendar year."
Adopted and approved September 8, A. D., l~l.
/S/Walter A. Roth
Mayor
ATTEST:
/S/ Ruth R. Smith
City Clerk
(S~L)
APPROVED by the First National Bank of Delray Beach, Florida.
/S/ H. A. Hubbard
President
A motion was made.by Councilman Jacobs, and seconded by Coun-
cilman Kabler, that the foregoing Resolution No. 812 be passed and
adopted as read, and upon call o£ roll the motion carried unani-
mously.
Two letters from Mr. W. C. Burton, addressed to the Council,
were presented by the City Manager, and read:
"Sept. 5, 1951
Mr. Lovelace
City Manager
Delray Beach, Fla.
Dear Sir:
Last s,ring the City Council was petitioned to remove a hazard
that would exist when our new buildings would be completed by rea-
son that the elevation of Bronson Ave. would be higher than either
side of the street which grades were established by t he City Engine~r.
SEPTEMBER 6th, 1951
After examination by the Mayor, City Attorney, City Engineer, it was
agreed that the city would lower grade to remove hazard, lhe street
has been lowered but has not been resurfaced.
In compliance with our talk of Sept. 4th., in your office at which
time you informed me that the work of resurfacing has not been in-
cluded on the priority list for attention, I am petitioning that
this condition be reported to the council with the request that the
paving of this small section of Bronson, namely appx. 100', be done
at once as this street is used very extensively and considerable
dust will be raised wh:ile left in the present shape. I will appre-
ciate your advising me who will do the work and. when so that I may
contact them to do surfacing on our parking area at the same time.
Very truly yours,
/S/ W. C. Burton"
"Sept. 5, 1951
Mr. Lovelace
City Man~ger
Delray Beach, Fla.
Dear Sir:
As part of the building program at 1406 E.Atlantic Ave., we are hav-
ing a new sidewalk installed from Bronson Ave. east for 90 feet.
There remains about 10 feet north of the new walk that'is part of
Atlantic Ave. which is unpaved and which is a very unsightly portion
of the main thoroughfare in Delray. This portion of the street is
used for public parking and in the present condition is a catchall
for paper and trash as well as obstructing the flow of surface water
down Atlantic Ave. The paving of this section of street will greatly
improve the appearance of the city and I therefore petition that this
paving be given priority and completed before the season opens.
Very truly yours,
/S/ W.C. Burton"
After consideration of the above requests, a motion was made
by Councilman Kabler that Mr. Burton's request for the paving of
the parking area on Atlantic Ave. north of his property, be denied
as being contrary to established policy, and that such committments
as the City made regarding the repaying of Bronson Street, be carried
out, after verification with former Mayor Saunders. The motion was
seconded by Councilman Musgrave, and carried unanimously.
It was explained that the north half of Bronson Street had been
lowered about three months a~o, to meet the established building
grade, which destroyed the paving of this portion of the street, and
that a Council Committee had assured Mr. Burton that this paving
would be replaced.
The proposed Water Main Extension Policy as prepared by the City
Manager, and previously considered by all Councilmen, was brought up
for final adoption.
City Manager Lovelace stated that the question of extension of
water mains across streets and public areas had come up, and he
recommended that the City bear this cost in addition to the First
50' of pipe lines. He suggested that the Policy be amended by
the addition of Section 6, to read as follows:
"The water department will bear the cost of all of those por-
tions of any mains and extensions considered herein, which are
necessary to the crossing of cross streets and public areas."
Councilman Musgrave felt that possibly some concession should
be made to industries as an inducement to locate here.
Mr. Lovelace, however, was of the opinion that usually indus-
tries that take advantage of such small concessions in water and
taxes as this, are not desirable industries.
Councilman Kabler suggested that each case be considered on
its own merits, as it comes up.
After further discussion, the following amendment was reco~nend-
ed by the City ~anager:
That' Paragraph 2 of Oection V be amended to read as Follows:
"Costs of the extension system, whether in or out of the City,
will be borne entirely by the industry, or as the City Council may
determine; however, any readjustmemts made by the City Council on
the water rates which may be applicable to any industry, shall be
oaid by the General Fund into theWater Department".
Upon motion of Councilman Kabl~r, seconded by Councilman °acobs,
and unanimously carried, the Water Main Extension Policy, as sub-
mitted by the City Manager, and as amended above, was adopted by
the Council.
City Manager Lovelace advised the Council that he had received
a request from Jack E. Carver for a partial payment on street im-
provements on N. E. 1st Street. He stated that the work was about
70~ completed, and recommended that he be paid 50~ at this time,
or $1,226.00.
Upon motion of Councilman Musgrave, seconded by Councilman Kab-
ler~ and unanimously carried, payment to Jack E.Carver in the amount
of ~1,226.00 was authorized.
A reapplication filed by J. Douglas Goodman, operator of the
Co~al Cleaners, for transfer of his license to a new location in
a business zone was presented and read as follows:
"Sept. 5, 1951
City Council
Delray Beach, Fla.
Gentlemen:
Application is hereby made for transfer of my present operating
license to a location in the one-hundred block, east side, of N.E.
1st Ave., building to be erected. Transfer to be effective Nov. 1,
1951 .....
It is understood that construction and operation at the above lo-
cation will cimply with provisions set forth in the National Fire
Underwriters Code, in that section having to do with operation of
dry cleaning plants, type 3, in c(,ngested areas.
/S/ J. Douglas Goodman"
SEPTEMBER 6, 1951
City Manager Lovelace explained that according to the National
Fire Code, dry cleaning establishments were divided into four classes,
depending on the solvent to be used. Mr. Goodman, he stated, had
agreed to change his method of operation to conform to Class 3 re-
gulations, which could be permitted in this location, ne felt that
the Council would be safe in allowing this, and that insurance rates
would not be affected.
A motion was then made by Councilman kabler that the City Mana-
ger be authorized to interpret Ordinance No. G-73, pertaining to
the location of establishments in business zones, in accordance with
the National Fire Code. The motion was seconded by Councilman Mus-
grave, and carried unanimously.
The Following letter from Dr. T. Arthur Mosley, Minister of the
Cason Memorial Methodist Church, with reference t o signs to de-
signate "Quiet" zones while church services are in session, was read
as follows:
"September 5, 1951
Mr. Robert Lovelace
City Mam, ger - Delray Beach.
Dear Mr. Lovelace:
I am writing to you representing the above Church, and with a request
that you bring this matter before the Council, for their considera-
tion and possible action.
Undoubtedly, we are all conscious of the increase of automobile traf-
fic during the months that are ahead, and the heaviest part of it on
Sundays, and with our Church on the Federal Highway and on a busy
corner, we are most anxious that there should be no accident, and
that as far as possible the noise should be at a minimum.
Mr. ~aunders has intimated to me, that a police officer has been
stationed near the Church, to direct traffic during the assembling
for service, and this we hope can be continued. Also, in many of
the cities through which heavy traffic goes, signs are placed in
themiddle of the highway just before approaching a Church, demanding
QUIET Z0NE-CHUHCH SERVICE. If one of these could be placed north of
our Church, and again, one south of the Baptist Church, making this
a quiet zone during the morning hour of worship, it would be, I am
sure, very much appreciated.
Will you please ask the Council to consider these matters at the
earliest opportunity.
Sincerely,
/S/ Dr. T. Arthur Mosley"
Councilman Roth suggested that sign on the So. Federal highway
be placed at S.E. 2nd Street, to include the Christian Science Church
also.
If the City would derive any special benefits from such signs,
the City should buy them, the City Manager felt, otherwise the Chur-
ches should pay for them, and they should be standard signs.
After consideration, a motion was made by Councilman Kabler tt~at
signs be furnished as requested, one to be placed at N.E. 1st St.,
and one at S. E. 2nd Street. l~e motion was seconded by Councilman
Jacobs, and was unanimously carried..
Upon motion of Councilman Jacobs, seconded by Councilman Kab-
let, and unanimously car~ied, the Council authorized payment of a
bill submitted by City Attorney John Moore for the preparation and
presentation of four Special Acts to the 1951 State Legislature.
The Council then met in a joint session with the Advertising
Committee of the Chamber of Commerce, to discuss the appropriation
of $8,000.00 included in the 1951-1952 budget for the Chamber of
Commerce for Capital Improvements and Publicity.
Mr. Geo. A. Talbot, Chairman of the Advertising Committee stat-
ed that this meeti~g had been scheduled to exchange ideas as to how
the appropriation set up by the Council could best be used, either for
capital improvements, publicity, or through what media of advertis-
ing. He stressed the fact that as far as advertising goes, and
considering the results they hope to produce, this amount of money
is very small.
Each member of the Council and of the Chamber of Commerce Com-
mittee expressed his personal opinion of how the money could be
spent most advantageously, the final consensus of opinion being
that none of it should be spent for capital improvements, although
entrances to the City should be beautified, as well as the ocean
front, but not from this fund.
After deciding that the entire a~propriation should be spent
for advertising the City to bring vacationers and tourists here, and
also to try to improve business during the summer months, a poll
was taken which resulted in a majority voting to spend ~3,000.00 For
winter season advertising, and the balance of $5,000.00 for adver-
tising For next summer.
The Chamber of Commerce Committee felt that advertising in
northern newspapers and magazines was essential as their members
are greatly benefited by brochures and information sent out by
t~teir Secretary in answer to inquiries received through this form of
advertising,
After Further discussion, a motion was made by Councilman nab-
let, that the Chamber of Commerce be permitted to spend not over
$3,000.00 for pre-season advertising, to be handled through an adver-
tising agency selected by them, and the balance to be set up for a
summer advertising program for 1952, including capital improvement.
The motion was seconded by Councilman Musgrave, and upon call of
roll carried unanimously.
The meeting then adjourned.
City Clerk
APPROVED:
Mayor