12-26-51 DECEMBER 26, 1951
A regular meeting of the City Council of the City of ~lray
Beach was held in .the Council Chambers at 4:00 P.M. with Mayor
Walter A. Roth in the ChAir, City attorney ~eil MacMillan, City
Manager Robert Lovelace, and the following Councilmen present:
R. J. Holland, W. a. Jacobs, John N. Kabler, and W.C. Musgrave,
a qmorum being present.
A letter from Mrs. Gayle Sloan, Chairman of the Beautification
Committee of the Garden Club, ~as read, with reference to maintenance
of the park areas which have been Beautified by the Garden Club, and
the suggestion that a Park superintendent be appointed.
Mrs. Slom~ was advised by the City Manager that papers and rub-
bish will be kept pi~ked up in these parks, and the City will trim
the s~rubbery when necessary, but that the fertilizing of the bushes
and flowers must be done by theGarden Club.
A letter from Byrd and Nhitley, attorneys, on behalf of their
client, Stewart B. Iglehart, who has purchased the store building
occupied by Allen's ~ and 10~ §tore, at 323 East Atlantic Avenue'
for a special peri, it to remodel the front of this storo without
complying with the front set-back requirement, was read.
Mr. Byrd, being present, explained that his client was willing
to conform with the set-back requirement, but felt it would make
a better appearance to effect an &~4~15 front between the t~ build-
ings with different set-backs which now exist, and would enter
into an agreement with the City to set h~s building back whenever
the buildings on the east are set back.
A motion was made by Councilman Kabler that the above request
be referred to the Zoning Board for recommendation, as a deviation
from set-back requirements is involved. The motion was seconded
by Councilman ~olland and upon call of roll carried, unanimously.
Miss Dorothea Galvin complained to the Council of the hardship
being caused in the colored section under the ~'ater Policy recently
adopted. She stated that c~lored residents who wanted to install
sanitary facilities in their houses were required to put up a de-
posit of sometimes $150.00 to ~200.00, which they were not able to
do, and therefore could not get water lines to their property. She
felt that the policy should apply to only new subdivisions, and to
all sections of the City alike, and that in order to improve sani-
tary conditions, in the colored section, the City should make some
exception and extend water lines wherever requested.
City Manager Lovelace explained that the Water Policy was uni-
form all over the City, but he realized it created a problem in the
colored section, and that some method of financing the installation
of water mains in that area would have to be wo~rked out.
After further discussi~, a motion was made by Councilman Kabler,
to refer the above matter to the City Manager, in conjunction with
the City Attorney, to report on the possibility of setting up a
Revolving Improvement Fund in the Water Department, to enable
extensions to be made and the cost assessed against ~acant p~operty
which would be benefited. The motion was seconded by Councilman
Musgrave and unanimously carried.
DECEM~EH 26, 1951
Report and assessment roll on the construction of storm sewer
drains on Sea Spray Avenue, was submitted by the City Manager.
The following Resolution was then introduced.
RESOLUTION NO. 820
A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF
DELRAY BEACH, FLORIDA, APPROVING THE REPORT AND
ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF
SAID CITY CONCERNING IMPROVEMENT BY CONSTRUCTION
OF STORM SEWER DRAINS ON SEA SPRAY AVENUE, TO DRAIN
SFA SPRAY AVENUE FROM NORTH OCEAN BOULEVARD TO THE
INTRACOASTAL CANAL, TOGETHER WITH THE INSTALL~TION
OF SEVEN CAI5%HBASINS IN CONJUNCTION NITH SUCH STORM
DR AINS.
Upon motion of Councilman Holland, seconded by Councilman
sgrave, and unanimously carried, the foregoing resolution No.
0 was adopted as read.
A reorganization of departments of the Cityk, prepared by the
City Manager, was presented for approval of the Council, together
with the creation of additional positions which were included in
the plan.
Mr. Lovelace explained the program in detail. He stated that
it Was merely a formal organization of City functions; that it
would fix ltnesof responsibility and authority, and that the De-
partment Heads as outlined would have complete responsibility for
that authority.
~ith reference to the employment of a City Engineer, Mr. Love-
lace felt that an engineer could more than earn his salary; that an
extensive improvement program could be carried out, in whichhis
services would be invaluable, and fees paid for services of consult-
lng engineers could be eliminated. He recommended the employme~t~
of a City Engineer at a salary from $400.00 - $500.00 per month,
depending on his experience and qualifications.
A motion was made by Councilman Holland and seconded by Uouncil-
man Kabler, that the City Manager be instructed to see if he can
secure the services of a capable engineer for this position, at a
salar~ within the suggested range.
ouncilman Musgrave favored the reorganization program but felt
that the employment of an engineer should be considered in setting
up the next budget, and provided for in that budget.
City Manager Lovelace ~eplied that that budget could be amended,
or surplus revenue could be used on a contingency basis for the
balance of this year, and it could be included in the budget for
the next year.
City Attorney MacMillan, pointed out that the Charter provides
that the City must not be obligated for any money not set up in
the budget.
Mr. Lovelace, however, contended that t~ employment of an
DECEMBER 26, 1951
engineer could be approved on a contingency basis, as it was an
attempt to give the citizens value for their money.
Call of roll was then taken on the foregoing motion made by
Mr. Holland and seconded by Mr. Kabler which carried, Councilmen
Holland, Kabler and Roth voting in favor of the motion and Council-
men Jacobs and Musgrave opposing.
Upon motion of CouncilmanHolland, seconded by Councilma~
Kabler and unanimously carried, the City Attorney was instructed
to prepare an ordinance in accordance with the plan of reorganiza-
tion submitted by the City Manager.
City Manager ~ovelace submitted an offer made by T.4. Jackson
to contribute ~250.00 toward the installation of water main to his
property in Crestwood subdivision, instead of complying with the
terms of the Water Policy. He e~p lained that the Plat of Crest~ood
had been accepted without requiring the developer to install water
mains. It now developed that a hardship was created as lots front-
ing on Ocean Blvd. were 170' deep, and other lots are 85' wide,
which makes the possibility of a refund on advances for water lines
very small. He felt this would be an equitable solution in this
case, and ~ecommended that the Council approve such an agreement.
After consideration a motion was made by Councilman Musgrave
that Mr. Jackson's offer be aceepted, and that he be allowed to pay
~250.00 as his share of the extension of waterlines to hisproperty,
with no refunds to be made to him for other connections. The
motion was seconded by Councilman Kabler and carried unanimously.
An estimate of the cost of paving the N 1/2 of Ocean Beach
Lot 15, to be used as a parking lot by the City, was submitted by
the City Manager in the amount of ~2,614.50. The bid was received
~rom Jack E. Carver, contractor.
After consideration, the City Manager was instructed to obtain
other bids for this work before awarding the cor~ ract.
Upon motion of Councilman Jacobs, seconded by Councilman Holland
and unanimously carried, a~ deed to a small point of land, approximately
2' x 11" which extends from the west line of Andrews Ave. into 8th
St., given to the City by henry V. Pope, owner, was accepted and
ordered filed.
CounciLman Jacobs then presented the following resolution and
moved its adoption.
RESOLUTION NO. 822
A RESOLUTION OF THE CITY COUNCIL 0¥ THE CITY OF
DE~RAY BEAC H, FLORIDA.
WHEREAS, a vacancy existed on the City Council of the City
of Delray Beach during the year 1951, and
WHEREAS, W. C. MUSGRAVE consented, and did accept the appoint-
ment to serve on said City Council for the balance of the year
1951, and
DECEMBER 26, 1951
WH~EAS, said W. C. MUSGRAVE has served the City conscien-
tiously and ably,
NOW, THEREFORE, BE IT RESOLVED
1. That the City Council of the City of Delray Beach does
hereby express its appreciation to the said W.C. MUSGRAVE
for a Job well done.
2. That ~. C. MUSGRAVE be furnished a signed copy of this
Re solut io~.
PASSED AND ADOPTED b~' the City ~ouncil of the City of Delray
Beach, Florida, this 26th day of December, A.C., 1951.
/s/ Walter A. Roth
Mayor
ATTEST:
/s/ Ruth R ~mit~
City Clerk
The motion was seconded by Councilman Holland and carried
unanimous ly.
The following ordinance was taen brought up for final reading
and the same w~s r~ad in full:
ORDINANCE NO. G-130
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH ~tE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND LOCATED
IN PALM BE~CH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THE
C~TY OF DELRAY BEACH, TO ~IT: ALL THAT PART OF NORTHRIDGE
SUBDIVISION IN THE SOUTHWEST %UARTER (S.W~) OF SECTION 4,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING WEST OF THE CENTER
~.INE OF NORTHRIDGE ROAD, ACCORDING TO A PLAT OF SAID NORTH-
RIDGE SUBIKVISION ON FILE IN THE OFFICE OF THE CLERK OF
CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AS IN
PL~T BOOK 23, AT PAGE 168, AND PROVIDING SAID PROPERTY SHALL
NOT BE SUBJECT TO EXISTING BONDED INDEBTEDNESS OF CITY OF
DELRAY BEACH, FLORI DA.
WHEREAS, by ~esolution No. 819 duly passed on the 6th day of
Deceuber 1951, A.D., the City Council of the City of Delray Beach,
determined to annext to the City a tract of land as more particularly
described in Section i hereof, and
WHEREAS, Northridge, Inc., a Florida Corporation, the sole fee
simple title owner of the property described in Section i hereof,
has duly consented and given its permission to the annexation of
said ~roperty by the City of Delray Beach, and
DECEMBER 26, 1951
WHEREAS, the City of Delray Beach, Florida, is authorized by
virtue of its Charter Provisions to annex the said lands,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Delray Beach, Florida, as follows:
Section 1: That the City Council of the City of Delray Beach,
Palm Beach County, Florida, hereby annexes to said City the follow-
ing described tract or parcel of land lccated in Palm Beach County,
Florida, and lying contiguous to said City, to-wit:
All that 'part of Northridge Subdivision in the
Southwest quarter (SW¼) of Section 4, Township
46 South, Range 43 East, lying west of the center
line of Northridge Road, according to a plat of
said Northridge subdivision on file in the Office
of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, as in Fist ~ook 23, at
Page 168.
Section 2: That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above
described tract of land, and said lands are hereby declared to be
in the corporate limits Df said City of Delray Beach, Florida.
Section 3: The property hereinabove described and herein
annexed to the City of Delray Beach, Florida, shall not be sub-
ject to taxation or the payment of taxes for the retiring of any
existing bonded indebtedness of the City of Delray Beach, Florida.
Section 4: That, if any word, phrase, clause, sentence or
part of this ordinance shall be decl~.ed illegal by a court of
competent Jurisdiction, such reCord of illegality shall in no way
affect the remaining portion.
PASSED IN regular sesssion on the second and final reading on
this the 26th day of December A.D., 1951.
/s/ Walter A. Roth
Mayor
ATTE S~f:
/s/ Ruth R Smith
City Clerk
SEAL
Upon motion of Councilman Jacobs, seconded by Councilman Musgrave
and unanimously carried, the foregoing ordinance was passed and
adopted as read.
The meeting then adjourned.
APr ROVED:
AT T~ST: Mayor
City Clerk