09-24-51 31
SEPTEMBER 24, 1951
A Regular Meeting of the City Council of the City of Delray
Beach was held in the Council Chambers 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:
R. J. Holland, 9. A. Jacobs, John N. Kabler, and W. C. Musgrave,
a quorum being present.
The minutes of the meetings held on September 6th and 10th
were presented for approval.
Councilman Musgrave asked that a correction be made in the
minutes of September 6 in his statement with reference to the
~ater Main Extension policy, to read as follows "Councilman Musgrave
felt that possibly some concession should be made to industries as
an inducement to locate here." This eliminates the word "large"
industries.
Councilman Kabler also asked that his motion that $5,000.00
of item budgeted for the Chamber of Commerce, be reserved for sum-
mer advertising, be corrected to read "for summer advertising and
capital improvements".
The above minutes were then approved as corrected.
Mr. T. L. Jackson, representing the Lake Ida Builders, who
are building two houses in Crestwood Subdivision, appeared before
the Council. He complained that the water main extension policy
adopted by the Council on September 6 was un~easonable, that it
would cost approximately ~400.00 for a water extension line to his
lots, and he could never be reimbursed for over 475.00. me be-
lieved that the City is obligated to supply water to any property
within the City limits, as a public service.
Mr. Ben Adams, representing the developer of this Subdivision,
and an owner of a lot there himself, also complained of this new
policy. He stated that the City had accepted the plat of Crest~ood
Subdivision in July 1951, and lots had Been sold with the under-
standing that the City would furnish water line extensions; that
in September the Council had adopted a new policy requiring the
~roperty owner to pay for all over the first fifty feet of pip~.
e stated that five houses are being built in this Subdivision at
the present time, which will increase the tax roll by at least
$100,000.00. He contended that the ~ater Plant belongs to the
citizens of the City who have paid taxes over a period of many
years, and the City is obligated to furnish water to any property
within the City. He claimed that he had.sold lots in this Subdi-
vision in good faith, after the City had accepted the pla~,, with
the understanding the water would be furnished; that this was an
unjust charge, and he did not intend to pay it.
Mr. Adams asked for a letter from the City Manager stating
the status of the operation of the Water Plant.
City Manager Lovelace explained that the Council had also
acted in good faith for the welfare of the City as a whole, in
adopting a policy which requires property owners to share in
bringing water to their property. The water supply must be in-
creased, or there will be no water to put in the mains, he ex-
plained, and this is the only way it can be done. He also felt
that people who have paid taxes for many years have a right to
expect new-comers to invest something in the Water Plant, and
24, l S1
from that viewpoint the policy is logical and fair.
Mr. Lovelace further explained that fire hydrants would
be put in where needed and where five houses are built, the
City will put in two hundred and fifty feet of pipe, and pro-
petty owners will. be asked to share the cost of the rest of
the main, not to exceed $1.00 a foot, which will not cover the
cost of a two inch main.
Mr. Jackson stated that he could obtain the pipe and in-
stall it in the dedicated easement at 88 cents per foot, includ-
ing tappt~ charges. This was agreeable to the Council, the
pipe lines to become the property of the City, with the right
for additional consumers to tie into this line.
It was the consensus of opinion of the Council, upon being
questioned individually, that thi~ policy was adopted for the
welfare of the City as a whole,zt had been made available to
the Council and to the public for several weeks previous to its
adoption. When the Council was questioned by Mr. Adams if it
intended to stand definitely on this policy its answer was "Yes."
The following Ordinance was then brought up for second and
final reading, and same was read in full:
ORDINANCE NO. G-125
AN ORDINANCE OF THE CITY COUNCIL. OF TEE CITY
OF DELRAY BEACH, FLORIDA, REPEALING SECTION
ll OF CHAPTER VIII OF THE CITY CODE OF THE
CITY OF DELRAY BEACH, FLORIDA, AND AMENDING
SECTION l0 OF CHAPTER VIII OF THE ~ITY CODE
OF THE CITY OF DELRAY BEACH, FLORIDA, PERTAIN*
ING TO THE HOURS OF SELLING, SERVING, CONSUM-
ING, DELIVERING, OR PERMITTING TO BE SOLD,
SERVED, CONSUMED OR DELIVERED ANY ALCOHOLIC
BEVERAGE CONTAINING OVER 1% OF ALCOHOL BY
WEIGHT, IN THE CITY OF DEL.RAY BEACH, FLORIDA,
BE IT ORDAINED by the City Council of the City
of Delray Beach, Florida, as follows:
Section l: That Section ll of Chapter VIII of
the City Code of the City of Delray Beach, Florida be, and the
same is hereby repealed.
Section 2.: That Section lO of Chapter VIII of
the City Code of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
"Section 10: It shall be unlawful for any per-
son, firm, or corporation, to sell, serve, consume or deliver,
or permit to be sold, consumed, served, or delivered, any alco-
holic beverage containing over 1% of alcohol by weight, whether
sold or delivered by bars, package stores, or combinations of
both, in the City of Delray Beach, Florida, during the follo~ing
SEPTEMBER 24, 1951
hour s:
(a) 2:00 o'clock A.M. to 2:00 o'clock P.M. on Sundays,
12:01 o'clock A.M. to 7:00 o'clock A.M. on Mondays,
2:00 o'clock A.M. to ?:00 o'clock A.M. Tuesdays
through Saturdays,
(b) While the polls are open on any general, special
or primary election day, either State, County or
muni c Ip al."
PASSED AND ADOPTED In regular session on second
and final reading this 24th day of September, A. D. 1951.
/s/ Walter A. Roth
May o r
SEAL
ATTE ST:
/s/ Ruth R. Smith
City Clerk
Upon motion of Councilman Kabler, seconded by Councilman
Musgrave, and unanimously carried, the foregoing Ordinance No.
G-125 was passed and adopted as read.
The City Manager advised the Council that an alternate way
of installing a storm drain on the west end of Nassau Street had
been decided upon, and new resolutions are required to authorize
its installation in a different location. He presented the follow-
ing resolution:
RESOLUTION NO. 815
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF~
DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFI-
CATIONS, AND AN ESTIMATE OF THE COST OF INSTALL-
ING A STORM SEWER FROM A POINT ON NASSAU STREET
266 FEET WEST OF GLEASON STREET, THENCE SOUTHERLY
THROUGH PRIVATE PROPERTY TO INTERCEPT EXISTING
SEWER ON SHULSON STREET, TO DRAIN THAT PORTION OF
NASSAU STREET ~HICH LIES ~EST OF GLEASON STREET.
WHEREAS, owners of property liable to be assessed for the
installation of a storm sewer to drain Nassau Street, west of
Gleason Street, have petitioned the City Council for such im-
provement, and
~HEREAS, due to accumulated surface water after rains, it
is deemed necessary by the City Council that such storm sewer
drain be installed,
SEPTEMBER 24, 1951
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Delray Beach, Florida, as follows:
SECTION l: That the City Manager be required to submit
plans, specifications, and estimate of cost of such improvement
to be made, and that the same shall be placed on file in the
office of the City Manager.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, on this the 24th day of ~September, A. D., 1951.
Mayo r
SEAL
ATTEST:
City C1 erk
Upon motion of Councilman Kabler, seconded by Councilman
Holland, and unanimously carried, the foregoing Resolution No.
815 was adopted.
The City Manager's estimate of the cost of such improvement
was then filed in the amount of $53?.50, which was accepted by
the Council, and the following Resolution was presented:
RESOLUTION NO. 816
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ORDERING THE CONSTRUCTION
OF A STORM SEWER FROM A POINT ON NASSAU STREET
266 FEET ~EST OF GLEA~ON STREET, THENCE SOUTHERLY
THROUGH PRIVATE PROPERTY TO INTERCEPT EXISTING
SEWER ON SHULSON STREET.
~HEREAS, the City Council of the City of Delray Beach,
Florida, did on this 24th day of September, 1951, adopt a Reso-
lution ordering the City Manager to prepare plans and specifica-
tions for a certain storm sewer drain, and an estimate of the
cost; and requiring said plans, specifications and estimate of
cost of such improvement to be placed on file in the office of
the City Manager.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Delray Beach, Florida, that it is determined to make
the following described improvement, to-wit:
Construction of a storm sewer drain from a point
on Nassau Street which is 266' west of Gleason
Street, thence southerly through private property
to intercept existing sewer on Shulson Street,
together with one cat~hbasin in conjunction with
such storm sewer drain, the total estimated cost
of which improvement is
BE IT FURTHER RESOLVED that the entire cost of such improve-
ment shall be assessed against the following described properties
in Delray Beach, Palm Beach County, Florida:
Lots 1 - 6, and 7 - 12, inclusive, Wheatley
Subdivision, which properties comprise the
boundaries of the property so especially
benefited,
said benefits to be determined and pro-rated according to the
special benefit derived from said improvement.
AND BE IT FURTHER RESOLVED that said special assessments
against all of the lots and lands as set forth above, which are
specially benefited, shall be and remain liens superior in dignity
to ~all other liens, except liens for taxes, until paid, from the
date of the assessment upon the respective lots and parcels of
land assessed, and which may be paid in ten equal yearly install-
ments with accrued interest on all deferred payments. Payment
shall be made at the same place that taxes payable to the City of
Delray Beach are paid, namely, at the pffice of the City Tax Col-
lector, and upon failure of any property owner to pay any annual
installment due, or any part thereof, or any annual interest upon
deferred payments, the City of Delray Beach may bring necessary
legal proceedings by a Bill in Chancery to enforce payment thereof
with all accrue d interest, together with all legal costs inc~rred,
including a reasonable Attorney's fee. The total amount of any
lien may be paid in full at any time, with interest from the date
of assessment.
IT IS ORDERED that the City Council shall sit at the City
Hall in the City of Delray Beach, Florida, at 7:30 p.m. on October
8th, 1951, for the purpose of hearing objections, if any, on said
proposed improvement, as set forth above.
IT IS FURTNER ORDERED that this ResOlution be published once
a week for two (2) consecutive weeks in the Delray Beach News.
ADOPTED by the City Council of the City of Delray Beach,
Florida, on this, the 24th day of September, A. D., 1951.
Mayor
SEAL
ATTEST:
City Clerk
SEPTEMBER 24, 1951
Upon motion of Councilman Holland, seconded by Councilman
Musgrave, and unanimously carried, the foregoing Resolution No.
816 was passed and adopted as read.
The Mayor of Boca Raton, Mr. Lovelace stated, had asked
the Council to cooperate with them in requesting the reactivation
of the Boca Raton Field, and p~esented the following Resolution
for consideration:
RESOLUTION NO. 817
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, INVITING THE ATTENTION OF
THE UNITED STATES AIR FORCE TO THE EXISTING FACILI-
TIES AND POTENTIALITIES OF THE BOCA RATON MUNICIPAL
AIR PORT, FORMERLY THE BOCA RATON ARMY AIR FIELD,
AS A POSSIBILITY FOR REACTIVATION UNDER THE PRESENT
NATIONAL EMERGENCY, AND PROCLAIMING THE MUNICIPAL
GOVERNMENT'S COOPERATION IN ANY SUCH ACTIVITY.
~HEREAS, the President of the United States has declared
a National Emergency to exist, and
WHEREAS, the Boca Raton Army Air Field served the United
States Atomy Air Force as one of their principal bases in World
War II, and
WHEREAS, the Town of Boca Raton holds title to fo~mer
military installations of approximately 1,325 acres subject to
emergency governmental use, and now known as Boca Raton Municipal
Air Port, and
WHEREAS, a considerable portion of %he installations of this
fo~mer base, such as air strips, landing lights$ B. 0. Q. build-
ings, public utilities, etcetera, are still intact as pars of
the Boca Raton Municipal Air Port, and
~tEREAS, there is unlimited area of land available surround-
ing these remaining installations fc~ the purpose of rebuilding
the former temporary, damaged, and salvaged installations of the
former base, and
~HEREAS, all of the reasons ~nd factors such as climate,
flying time, sanitation, etcetera, that originally prompted the
s~lection of this site by the Army Air Force still exist, and
~HEREAS, this section of the State and County and the imm-
ediate neighborhood stand in economic need of such activity in
case of a complete war economy,
NON, THEREFORE, BE IT RESOLVED by the City Council of the
City of Delray Beach, Florida:
That the City of Delray Beach, Florida, would consider it
SEPTEMBER 24, 1951
to be desirable and a privilege to welcome the United States Air
Force, 'its officers and personnel, and activities to Boca Raton, and
That the facilities and the cooperation of this Municipality
will be extended to its fullest extent to any such activity.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, this 24th day of September, A. D., 1951.
Mayor
SEAL
ATTEST:
~'i ty 'Cle rk
A motion was made by Councilman Musgrave, and seconded by
Councilman Jacobs, that the foregoing Resolution No. 817 be
passed and adopted as read. Upon call of roll the motion carried
unanimously.
The following Ordinance was then brought up as an emergency
measure, and same was read in full:
ORDINANCE NO. G-126
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, A~ENDING SECTION 1
AND REPEALING SECTION 5 OF ORDINANCE NO. G-121,
PERTAINING TO CIVIL DEFENSE IN SAID CITY.
~EREAS, the Laws of the State of Florida pertaining to the
establishment of Civil Defenme Councils in several Municipalities
in the State have been amended and changed by the 1951 Session of
the Florida Legislature, and
WHEREAS, it is deemed necessary that the Ordinance of the
City of Delray Beach pertaining to Civil Defense be amended to
conform with the State Law as it now exists, and
WHEREAS, there is an existing emergency resulting from the
possibility of enemy attack, sabotoge, hostile action, or disaster
from natural causes, which necessitates this ordinance for the
immediate preservation of the public health and property.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Delray Beach, Florida:
24, 1951
SECTION 1: That Section 1 of Ordinance No. G-121 be,
and the same is hereby amended to read as follows:
"Section 1: (a) That the office of the Director of
Civil ~Defense is hereby created by the City Council. The
Director shall be theMayor e~ the City of Delray Beach,
Florida; or such other citizen of Delray Beach designated by
the City Council of Delray Beach, Florida. The Director
shall be subject to the direction and control of the local
Civil Defense Counci2.
(b) There is hereby created a Civil Defense
Council of the City of Delray Beach, Florida, which shall
consist of the City Council of said City."
SECTION 2: That Section 5 of said Ordinance No. G-121 be
and the same is hereby repealed.
PAS~ED in regular session on first reading on this, the
24th day of September, A. D., 1951.
~Mayor _ ..
SEAL
ATTEST:
'' City Clerk
Upon motion of Councilman Holland, seconded by Councilman
Kabler, and unanimously carried, the foregoing Ordinance No.
G-126 was passed and adopted as read.
An application filed by Mrs. Gertrude W. Finley, owner of
Lots 17, 18 and 19, Block D, Palm Beach Shore Acres, on which
she is constructing an apartment building, for permit to use two
retaining walls which will be constructed 4 feet below the level
of the street, on the lot lines, for two sides of a building to
be used for servant's quarters, was disapproved.
Although Mrs. Finley agreed to cover the walls with land-
scaping, and the roof of the building would be only about 30
inches above the ground, the Council felt that it would be es-
tablishing a bad precedent, as it would constitute a deviation
from set-back requirements, and upon motion of Councilman Jacobs,
seconded .by Councilman Kabler, and unanimously carried, the per-
mi t was demied.
City Manager ~ovelace then presented an application for
SEPTEMBER 24, 1951
building permit, filed by O. D. Priest, Jr., for the construction
of an apartment building on Lots 7 and 8, Block ll6, on the North
Federal highway. He explained that the plans were originally
approved in 1946, at which time he had only built one section.
Now he proposed to build one more section. The plans were in con-
fortuity with requirements, if approved by the State Hotel Commis-
si on.
A motion was made by Councilman Holland and seconded by Council-
man Kabler, that permit be granted, upon approval of the State Hotel
Commission, and the Building Inspector. Upon call of roll the motion
carried unanimously.
An application for building permit, filed by Coastal Pro-
perties, to construct a store building on the east 27.5 feet of Lot
23 and all of ~ot 24, Block ll6, was presented by the City Manager,
who stated that they had planned on only a five foot rear set-back,
otherwise the application was in order.
Upon motion of Councilman Kabler, seconded by Councilman Holland
and unanimously carried, permit was approved, subject to adherance
to the l0 foot rear set-back requirement, and final approval of plans
by the Building Inspector.
A letter from the Zoning Board with reference to application
filed by Mrs. D. O. Seabloom for a special permit to leave her gar-
age in its present location, after having moved it a fraction of
a foot which it encroached on adjoining property, was read as fol-
lows:
~e~tember 19, 1951
Members of the City Council
Delray Beach, Florida
Gentlemen:
The Zoning and Planning Board has considered the request of
Mr. and Mrs. D. 0. Seabloom for a special permit to leave their
garage ~n its present location, having moved it 7/10th of a foot,
more or less, which it encroached on adjoining property, and recom-
mends ~that inasmuch as the City is not involved in the moving of
the building, no action be taken.
Very t~uly yours
DELRAY BEACH ZONING AND
PLANNING BOARD
BY ~s/ Kenneth Jacobson
aenne'th Jacobson, Chai'rman R.E.
K J/RS
SEPTEMBER 24, 1951
Although the Zoning Board recommended that no action be
taken by the Council, Mr. Lovelace felt that some action should
be taken. As the cost of moving the building a £ew inches did
not ~exceed $50.00 a building permit was not required, there-
Eore the City was not involved. However, according to the Zoning
Ordinahce, if a building is moved at all it must be made to con-
form to present requirements. In this case moving the garage
7 1/2 feet would place it over a septic tank, and also destroy
landscaping, which seemed an un~easonable requirement.
After further consider~ation, a motion was made by Council-
man Kabler, that special permit be granted to allow the building
to remain where it now is, for the follo~ng reasons:
1. Applicant acted in good faith in moving it the
first time.
2. It would work an undue hardship ~n property owners
to make them move it again.
3. It would not work a hardship on adjoining pro-
perty owners to leave it where it is.
The motion was seconded by Councilman Holland, and upon call
of roll carried unanimously.
Upon motion of Councilman Holland, seconded by Councilman
Kabler, and unanimously carried, action was deferred on applica-
tion of Mr. O. Helland for a gratis license to operate an apart- - -
ment house, as he is over 65 years of age, and a Spanish American
War Veteran, pending the decision of Judge Gringle on this case
on September 28.
Two letters were then read, requesting the rocking of SE
4th Avenue between 1st and 2nd Streets, as follows:
Sept. 6, 1951
City Council
City Hall
Delray Beach, Florida
Gentlemen:
Aa Secretary of the Delray Beach Lions, I have been instruc-
ted on behalf of the Club, to write you regarding the parking
problem on S.E. 4th Ave. between 1st and 2nd Streets, when meet-
ings are held at our Club House.
I might point out, that at the present there are several
service organizations meeting at ow Club. These are namely,
Kiwanis, Rotary, Exchange, Lions Auxiliary, and Lions Club.
Each time one of these Clubs meet, there is actually a traffic
hazzard as a result of the inadequate parking facilities.
This whole problem, I think, is due greatly to the heavy
SEPTEMBER 24, 1951
sand condition on each side of 4th Ave. The sand is so thick
in places, a person hesitates to pull completely off the road
for fear of getting stuck, consequently the rear of his automo-
bile protrudes out into the street.
Therefore, the Delray Beach Lions Club would like to re-
quest that the City please consider rocking on each side of S.E.
4th Ave between 1st and 2nd Streets, thereby eliminating both a
traffic and parking problem.
The Lions Club Sincerely hspes that you Gentlemen will give
this request your kind consideration.
Sincerel y,
/s/ Wendell R. Boyd,
Secretary
WRB :b
September 21, 1951
Honourable Mayor and City Council
Delray Beach, Florida
Gentlemen:
The members of the Rotary Club of this city do ask for your
early approval on the widening, grading and rocking of the
block on S.E. 3rd Avenue between S. E. 2nd Street and S. E.
3rd Street.
During the winter months, especially, when on Tuesdays, this
Rotary Club plays host to visiting Rotarians we serve as many
as 70 to 80 guests, in addition to our o~n membership of about
40. During these months, several automobiles must park on the
sand sides o~ park so that they considerably narrow the street
for through traffic, l~ost of the sand parked cars require push-
ing or towing to get them back on the pavement. The cars parked
on the pavement do provide a hazard to traffic and especially
menance the fire lane used by your equipment when on south area
calls.
We feel that our problem is akin to other organizations who meet
regularly at the Lions Clubhouse and we do urge, with them, that
immediate steps be taken by the City and interested parties to
effect a widening, grading paving and or rocking of this section.
Thank you for this consideration.
Very truly,
ROTARY CLUB OF DELRAY BEACH, FLORIDA
/s/ Cecil S. Farrar, Secretary
SEPTEMBER 24, 1951
Upon motion of Councilman holland, seconded by Councilman
Jacobs, and unanimously~carried, this block was placed on the
priority list for County rock when it is available.
The installation of a street light at the corner of Mira-
mar Drive and MacFarlane Drive was approved, upon motion of
Councilman Holland, seconded by Councilman Jacob s, and unani-
mously carried.
The following letter Nrom Mr. Leo Rosen, developer of
Lincoln Park Subdivision, was read:
September 11, 1951
City Manager of
Delray Beach, Florida
Dear Si r:
We have now completed paving S.W. First Street and 8th,
9th and 10th Avenues, between First and Second Streets, in
Lincoln Park, Delray Beach. We have also spent a considerable
sum of money in having the Rubin Construction Company level
this whole l0 acres, so that the lots and streets therein should
not be subject to overflow in case of a hurricane or a flood,
and also to obviate a mosquito breeding place, which was there
formerly.
In order for a number of the purchasers o£ the property
in this subdivision to obtain F.H.A. loans, it will be necess-
ary to have either 8th, 9th or 10th Avenue, from Atlantic
Avenue to S.W. First Street, paved.
It seems to me that in viewc.~ the fact that you will pro-
bably collect a great deal more taxes from the property in
Lincoln Park than formerly, when it was Just a l0 acre tract,
and that the property to the north, south, east and west will
undoubtedly rise in assessed value because of the improvements
we have made, that the city will collect additional taxes in a
short time to more than pay for the cost of a road leading to
this property.
In view of the troubled times that we live in, it seems to
me that we ought to do something for the colored population,
in order that they may not lose their confidence in our demo-
cratic system.
We have tried to sell the colored people lots in this sub-
'division for very reasonable prices and on very easy terms,
which will enable a great number of them to obtain homesites.
I do not want you to get the impression that we are trying
to pose as philanthropists. However, we would like to see
SEPTEMBER 24, 1951
Delray Beach go forward.
Will you be kind enough to bring this matter up before the
City Council and do what you can in connection with this matter.
With kindest personal regards,
Very truly yours,
/s/ Leo Rosen
President of
BOCA RATON HOUSING CORP.
LR:L
Action was deferred until the next regular meeting, to allow
time for the Council to make a survey of the streets in the
colored section to determine if this improvement is Justified,
as there are two streets on the priority list for improvement
in the colored section now.
A letter from the Exchange Club, with refere~ce to a Hallo-
ween celebration they are sponsoring, was read as follows:
September 21, 1951
Members of the City Council
City of Delray Beach
Delray Beach, Florida
Gentlemen:
The Exchange Club of Delray Beach and the Parent Teachers
Association will again sponsor the annual Hallowe'en Jamboree
for the benefit of the Delray Beach elementary school. The
event to be held at the athletic field on ~ednesday night,
October 31st.
The entire net proceeds will be used for improvements to
the school. Ail civic and business groups have again been in-
vited to Join this ~rthwhile project, as was done last year.
Almost $800.00 was derived last year with only about two
weeks planning and was a big success. Plans are well under way
at this time and bigger and better exhibits are planned.
It is felt by the committee in charge that an elaborate
aerial fireworks display will be a definite asset to the Jamboree.
This will provide an opportunity to draw'~from a much larger area
and at the same time provide entertainment that otherwise the
children would not be able to view. Ail hazard angles have been
considered and discussed with the chiefs of police and fire de-
partment and the City Manager. Every precaution will be taken.
SEPTEMBER 24, 1951
An experienced man has been obtained to do the actual
fireing and this to be under the personal supervision of
Mr. Lonnie W. Cook, former Delray Beach Fire Chief, who
.has had experience in fireworks displays.
There is ample room for the display to be set off from
· the Gladiola Festival Fair grounds and the privately owned
property on the East side of the fair grounds. Permission
has been obtained to use this private property. By having
the display in full view of the Jamboree, a traffic problem
will be eliminated.
Attached is a letter from the American Fire and Camualty
Company, stating that any required bond will be posted and
necessary liability insurance supplied.
You~ immediate approval of this added attraction is ear-
nestly request ed.~
Yours very truly,
/s/ ~. S. Richardson
~ntertainment Chairman
HSR:bl
enclo sure
Mr. Lovelace explained that the National Fire Code sets
up regulations covering the display of fireworks, and the
Exchange Club has agreed to abide by these rules. He recom-
mended that their request be granted.
Upon motion of Councilman Musgrave, seconded by Councilman
Holland, and unanimously carried, the City Manager's reco~nen-
dation was accepted, with reference to the display of fireworks
as outlihed above.
A legal opinion of the City Attorney with reference to the
restriction of a 12 foot ceiling height in all business dis-
tricts, was read as follows:
LEGAL OPINION
1. Question. Can City regulate ceiling heights on commercial
but ldinEs ?
Opinion. Yes, providing the regulation is reasonable and tends
to promote the public health, safety, morals, or general welfare,
The determination of whether such a regulation is reasonably
necessary is in the first instance within the Judgment and discre-
tion of the City Council. The final determination would be by a
Court of Law. Building regulations based solely on esthetic con-
siderations are generally not valid.
Note: Charter Article No. 2, Section 7 (18) provides, "No
Sg?TEM 2g, 1951
changes shall be made in zoning plan, regulations or ordinances
except during the months of December to April, inclusive, unless
an emergency affecting the entire city is declared to exist by
a unanimous vote of the five City Councilmen."
2. ~uestion: Can City charge off personal property taxes
legally assessed?
Answer: No specific provision in Charter. However, it is my
opinion that City has implied power to adjust, correct, or charge
off any erroneous assessment appearing in rolls. Also upon cer-
tification by City Tax Assessor that certain personal property
taxes are uncollectable for the reason that the persons and pro-
perty are not to be found in the City of Delray ~each or Palm
Beach County the City could charge same off on rolls. I would
recommend that in such cases the tax be at least three years old.
Generally speaking, a legally levied tax cannot be abated pro-
viding person and property available for levy.
Councilman Jacobs cor~ ended that 12 foot ceiling heights
were required in S~p~cial Business zones for health reasons, and
that in other business sections, when new buildings are built,
these regulations should also be enforced.
TheCouncil agreed that ventilation is better in a building
with a higher ceiling, and that sm~h requirement might be based
on public health and fire protection, as well as for a~pearance.
After further consideration, a motion was made by Uouncilman
~olland, and seconded by Councilman Jacobs, to instruct the City
Attorney to prepare an Ordinance to require a height of 12 feet
for buildings in all business districts. Upon call of roll the
motion carried unanimously.
The Clerk then presented proof of publication of Invitation
to Bid on the constructic~ of an addition to the M~nicipal Jail,
which was spread upon the minutes as follows:
THE DELRAY BEACH ~0URNAL
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PAEM BEACH:
Before the undersigned authority personally appeared
Robert L. Britt who on oath says that he is ~ditor of the
Delray Beach Journalt a weekly newspaper published at Delray
Beach in Palm BeachCounty, Florida~ that the attached.copy
of advertisement, being a Legal Notice in the matter of
Invitation to Bid in the pub. notice Court, waspublished in
said newspaper in the issues of Sept. 6, 13, 1951.
Affiant further says that the said The Delray Beach Journal
is a newspaper published at Delray Beach, in said Palm Beach
SEPTEMBER 24, 1951
County, Florida, and that the said newspaper has heretofore
been continuously published in said Palm Beach County, Florida,
each week and has been enteredas second class mail matter at
the postoffice 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 he has neither paid norpromised any person,
firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertismment for publication
in the said newspaper.
/s/ Robert L. Britt
Sworn to and a~bscribed before me this
13th day of September A.D., 1951.
/s/ Harry J. Morgan
SEAL Notary Public, State of Florida at Large
Notary Public, State of Florida at Large,
My Commission expires Feb. 2, 1953.
Bonded by American Surety Co of N.Y.
INVITATION TO BID
The City of Delray Beach will receive sealed bids until
12:00 o'clock noon, E.S.T. on Saturday, September 22nd, 1951,
for the construction of a ~Jail building at the City Hall.
Plans and specifications may be secured from the office of
the City_ Engineer, upon payment of $2.00 or may be inspected
at the Engineer's office.
The City of Delray Beach reserves the right to question the
capabilities of any contractor to perform the work necessary,
to reject any or all bids, and to waive formalities.
CITY OF D~RAY BEACH, FLORIDA
By ROBERT LOVEL, AC E
City Manager
Published: September 6 & 13, 1951.
City Manager Lovelace questioned the procedure of opening
bids at a Council meeting. He stated t~at bids often have
alternatives which make it impossible to decide which is the
best bid. He recommended that a time be fixed for the opening
of bids, and so stated in the Invitation to Bid, to be witnessed
by the City Clerk, and the bidders, or their Agents, if they
wish. The bids could then be tabulated by him, and the tabula-
tion presented to the Council at its next meeting.
A motion was made by Councilman Kabler that a policy for
~EPTEMBER 24, 1951
opening and tabulating bids, as set forth by the City Manager,
be established. The motion was seconded by Councilman Holland,
and upon call of roll carried unanimously.
One bid was received in response to the foregoing notice,
which was opened and read as follows:
September 22, 1951
City of Delray Beach
C/O Kenneth Jacobson, Architect
Delray Beach, Florida
Gent l emen:
We propose to erect the city Jail for the City of Delray Beach
in accordance with the plans and specifications prepared by Mr.
l~enneth Jacobson, ArChitect, for the sum of ,23, 997.00.
Unless suitable priorities can be furnished for the purchase
of critical materials, this offer must be accepted by 12:00
o'clock noon, Tuesday, ~eptember 25, 1951.
Yours very truly,
TRIESTE CONSTRUCTION CO., INC.
/s/ C, ~. Trieste, President
C WT :GW
The City Manager recommended that this bid be rejected, as
being too high, and that ~otice calling for bids be readvertised,
in out of town papers.
Councilman Jacobs stressed the need for additional jail space,
at almost any cost.
After further consideration, a motion was made by Councilman
Kabler, seconded by Councilman Holland, and unanimously carried,
that the bid received from the Trieste Construction Co. in the
amount of ~23,997.00 be rejected, and t~a t the City Manager be
authorized to take the necessary steps to obtain other bids.
Proof of publication of Invitation to Bid on the installation
of a storm sewer on Sea Sp~ay Avenue, was presented as follows:
One bid was received in response to the above notice, which
was read as follows:
Jack E. Carver -$~4,631.33
'Mr. Carver explained that his bid was higher than the estima-
ted cost, as he had bid on 8" and 10" pipe instead of 6" pipe
as was specified. Six inch pipe is not practical, he claimed,
as it stops up too easily. His proposal also included the re-
building of approximately 100 feet of road where the cath basins
are located.
Upon motion of Councilman Musgrave, seconded by Councilman
holland, and unanimously carried, the bid was referred to the
City Manager for study with authority to award contract or re-
Ject the bid.
A recommendation made by Counci~man Kabler that 43,000.00
from the Contingency Fund for the coming year, be ear-marked
SEPTEMBER 24, 1951
for replacing trees on Atlantic Avenue, was approved upon motion
of Councilman Kabler, seconded by Councilman Holland and unani-
mou sly c ar~ed.
The meeting then adjourned.
City Clerk