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02-14-50 FEBRUARY 14TH, 1950. Regular meeting of t~e City Council of the City of DelraY Beach was held in the Council ~Chambers at 7:30 p. m. with Mayor John N. Kabler in the Chair, and City Attorney John Moore, City Manager Chas. E. Black, and the following Councilmen present: R. J. Holland, W. A. Jacobs, Walter A. Roth, and J. L. Saunders, a quorum being present. The minutes of the meetings of January 10th, 24th, and February 2nd, were approved as written, with the following corrections - On Page 2 of the minutes of February 2nd, paragraph pertaining to remarks of Councilman Jacobs regarding the clearing of lot in Muck Lot 164, owned by John ~. Bransfield, was stricken at the request of Mr. Jacobs, and also the paragraph with reference to $~r. Jacobs statement concerning the east boundary llne of the Seacrest Hotel property, on Page I of this meeting. Mr. J. W. Ramsey appeared before the Council, asking the endorse- ment of the Council to a plan to improve the road leading from the Range Line Road (Highway No. 7) through the Everglades for one and one-half miles to the Canal; and the building of an Air Boat landing. He explained that it was proposed to provide parking space for fifty cars on Lake Worth Drainage District right-of-way, and that ~the Drainage District Board had approved the project. After consideration, a motion was made by Councilman Holland, seconded by Councilman Roth, that the City Nanager be instructe~ to write a letter to the Board of' the Lake Worth Drainage District, endorsing the project, feeling it would be a benefit to the public to open up a hunting and fishing area as outlined by Nr. Ramsey. Upon call of roll the motion carried unanimously. Before the Ordinance pertaining to the anUexation of a certain area of land north of West Atlantic Ave. and west of the SeaBoard Railroad, was brought up for second reading, which Ordinance was placed on first reading on January 24th, a letter from Attorney C. Shelby Dale of Ft. Lauderdale, was read as follows: "Febru~ary 14, 1950. Hon. City Commissioners City Hall Delray Beach, Florida In re: PROPOSED ANNEXATION OF LANDS WITHIN CITY LIMITS Gentlemen: I represent fou~ persons who own lands within the tract west of Delray Beach which the City Conmr~iSsion is now proposing to in- corporate within the City limits of Delray Beach. These land owners are Mr. Charles Vitsopoulos, Mr. C. C. Townes, Loule Daniels and Annie Stewart. The four land owners named above each object to the inclusion of their lands within the City limits of Delray Beach and have authorized me to make known their objections to you gentlemen before final passage of the ordinance which attempts to include their lands within the City limits. Each of the above named land owners has also authorized me to file suit in the Circuit Court 'to exclude their lands from the City of Delray Beach if the annexation ordinance is passed upon final reading. Respectfully, (Signed) C. Shelby Dale C. SHELBY DALE, Attorney for Mr. Charles Vitsopoulos Mr. C. C. Townes Loule Ds~ iels CSD :bw Annie Stewart" Mr. Dale also appeared before the Comncil on behalf of his clients, stating that the land was all unimproved with the exception of a small tract owned by Mr. Vitsopoulos, who has no need for City facilities; and that they were all opposed to an additional tax burden. As stated in his letter, he had been instructed by his clients to file suit in the Circuit Court to exclude the land of his clients, upon passage of the Ordinance on final reading by the City Council. Mr. C. C. Townes, one of the property owners opposing the annexa- tion, addredded the Council, and explained that this land, with the exception of approximately two acres owned by Mr. Vitso~oulos, and one other°tract of possibly two acres, is all agricultural land and has no commercial value. He further stated that it is even poor agricultural land because of the lack of drainage; and because of the depth of the muck covering it. it is impractical for any use. He claimed that he v~uld ask for a decision by the higher Courts, as his land would have no value to the City of Delray Beach, and re- commended that the Ordinance be amended to take in only that area which could be used for commercial or industrial purposes, excluding the twenty-two or more acres which is purely muck land. He also com- plained of the added burden of City taxes this annexation would cause. City Attorney ~oore then recommended that the second reading of the Ordinance be deferred at this time, in view of the opposition of these property owners. He felt that they could file a petition on an exclusion suit which the Circuit Court might grant; also, in his opinion, the Court might not uphold the City concerning that property which is definitely of a rural nature. Mr. John Breze, owner of property on West Atlantic Avenue, lying west of the tract being considered for annexation, then addressed the Council, stating that people beyond this section are interested in coming into the. City, providing proper protection and zoning restric- tions are furnished by the City. He stressed the fact that the Golf Course, which has recently been extended and improved, at considerable expense to the City, will not maintain its present status without the protection of zoning. He contended that the Court would con- sider this angle if properly handled in a ease of an exclusion suit. He further stated that in his opinion the land under discussion could be filled and in a few years time valuable property developed there. After further consideration, a motion was made by Councilman Jacobs, that the second reading of the Ordinance to annex that portion of Section 18 bounded on the north by a line 33' north of the east-west centerline of Section 18, Township ~6 South, Range ~3 East, and on the west by the west right-of-way line of the Hillsboro Canal, and on the south by the present City limits on West Atlantic Avenue, be postponed until the next meeting of the Council, with the possibility of an amendment, upon recommendation of the City Attorney. The motion was seconded by Counci~an Roth, and upon call of roll carried unanimously. City Manager Black advised the Council of aproposition to place a telescope in the~pavillion on the Beach. The machine would be coin operated, whereby a dime would be inserted and a person could look through the telescope for a certain length of time. The money would be collected by the owner of the machine, and the City would receive 25% of the revenue. Upon motion of Councilman Roth, seconded by Councilman Saunders, unanimously carried, the request for placing this telescope in the pavillion was denied, as the City acts only as custodian for the Beach and does not have the right to commercialize the pavillion in this way. The followtng petition, signed by four property owners, re- questing the installation of a street light in the third block on North Swinton Avenue, was read: "January 20, 1950. Members of the City Council Delray Beach, Florida. Gentlemen: There is a definite need for an extra street light in the third block on North Swinton Avenue. This block is very long and there has been considerable comment on our need for an extra light or two. We, the undersigned, would appreciate it, if you can find it possible to help us. Yours truly, (Signed) M. E. Buerk, M. D. and Maisie E. Buerk 319 N. Swinton Ave. (Signed) Johnny Winkler and Anne Winkler 312 N. Swinton Ave. (Signed) W. H. Thetford 311 N. Swinton Ave. (Signed) J. R. McFee 308 N. Swinton Ave. 2/14/ 0 City Manager Black explained that this block is lighted the same as other blocks. There are lights on the street corners, but none in the center of the Blocks, although the first four blocks from Atlantic Ave. are about 600' long, and from there the Blocks are shorter. It was the consensus of opinion of the Council that lights should be provided at all street corners before any lights are in- stalled in the center of a Block, as there are many locations in the City as badly in need of more lighting facilities as in this particular location. It was also Suggested that larger bulbs be used to give a stronger light on the corners, which might improve this condition. Upon motion of Councilman Saunders, seconded by Councilman Holland, unanimously carried, action was deferred until the next Council meeting, for further investigation, and ~ecommendation. With reference to a proposed agreement with the owners of the Seacrest Hotel, pertai ntng to the east boundary line of this property, City Manager Black presented a map showing the position of the Hotel building, and the Brockway line, showing that the Brockway line comes across the corner of the main part of the Hotel building J~st east of the front steps, and at the back of the building at about its intersection with the sunporch. Mr. Fred B. Scott, part owner of this property, addressed the Council, stating that they were willing to establish the Brockway line as their east boundary line when the building is razed, but in the meantime they would like to build a new wall on the east side of their property on a line mutually agreeable. Mr. Scott also asked that provision be made for them to replace the building as it is, east of this BrockWay line, if partially damaged by a storm before it becomes necessary to raze the entire building. City Manager Black called the attention of the Council to the fact that the present Zoning Ordinance provides that a non-conforming building can be replaced up to 25%. If remodeled or replaced over that percentage, set-back restrictions must be adhered to. Mayor Kabler recommended that the action taken by the previous Council on December 8th, 1949, in approving an agreement for the establishment of a new temporary boundary line, be approved, and a provision added to allow the present building to be replaCed if damaged by storm or other disaster, up to a certain percentage, whereupon the following motion was made by Councilman Saunders and seconded by Councilman Roth: That the City of Delray Beach will accept a deed from the owners of the South 100' of Ocean Beach Lot 15, less the W. ll0' of the N. 50' thereof, and Lot 16, conveying to the City that portion of said lots lying southerly and easterly from a radius starting 25' westerly from the southeast corner of the Seacrest Hotel sunporch and swung in a southerly and southwesterly direction until it intersects the exisit~ wall on this property, thence running northerly along a line formed by the projection of the east wall of the sunporch on the Seacrest Hotel to a point where said projected line intersects the Brockway line; and that the 'Uity will release that portion of Ocean Beach Lots 15 and 16 as described above, lying west of said described line, to the owners of said lots; and that 2/14/50 the City will further grant a 5' easement to the owners of said lots lying east of said line with the provision~ that the owners of said lots may erect and construct a wall on or within said 5' easement; and that the City will deed the property lying west of said line as aforesaid, solely upon the condition that a contract be entered into by and between the City and the owners of that portion of Ocean Beach Lots 15 and 16 as described above, providing that in the event 25% or more of the east side of the Seacrest Hotel is destroyed by storm, fire, or for any other reason, the Brockw~ line shal i be accepted as the east property line of this portion of Ocean Beach Lots 15 and 16, and set-backs as required by Municipal Ordinances in effect at that time will be observed by the owners, their successors, or assigns. Upon call of roll the motion carried unanimously. (Motion was dictated by the City Attorney) Recommendations of the Zoning Board pertaining to requests for changes in zoning regulations, were read as follows: "14 February 1950 Honorable Mayor and Members of the City Council City of Delray Beach Gentlemen, Your Zoning and Planning Board met at 10:00 A. M., February 14, 1950, with the following members present: Chairman Kenneth Jacobson, King S. Cone, J. K~ MacNab and Garlar~i Thayer. The request of property owners on S. W. 5th Avenue to extend Business Distri~ #l to S. W. 3rd Avenue was considered. After ~con- sideration by the Board, and the approval of the property owners present, and the signers of the petition, we recommend that this request be granted, that the Business District #l be extended on S. W. 5th Avenue to S. W. 3rd Street. Mr. E. H. Scott, owner of Lots 14, 15 and 16, Williamson- Deibel Subdivision, request for a set-back of 25' instead of 35' set-back for dwelling to be erected on Lot 16 was considered. We recommend that this request be granted, as the 25' set-back would conform with the set-back of other buildings in this Block, that 'the desired type of building could not be erected on a lot of 100' depth with a 35' front set-back, and the street being $0' wide, future widening would not be probable. Very truly yours, DELRAY BEACH PLANNING AND ZONING BOARD Kenneth R. Jacobson Chairman" z/14/5o After consideration by the Council, a motion was made by Councilman Saunders, seconded by Councilman Holland, that the fore- going recommendations of the Zoning Board be approved, and the ~ity Attorney instructed to prepare Ordinances to effect these changes. Upon call of roll the motion carried unanimously. City Manager Black then read the minutes of the meeting of the Zoning Board held January 31st, with reference to the rezoning of Block ~0 from an Apartment District to either a Business or Residence "C" District, as follows: "31 January 1950 The Public Hearing called by the Zoning Board for~ January 31, 1950, at 10:00 A. M. was opened by Chairman Kenneth Jacobson with the following members present: Garland Thayer and King Cone, a quorum being present. The purpose of the meeting was to consider the request of Mr. C. W. Garner to rezone Block 80 from Apartment House to Residence "C". Of the thirty-five surrounding property owners notified four were present and one was represented. After comments from the audience and consideration of the Board: ~r. Thayer made a motion that Block 80 be rezoned to Residence "C". Mr. Cone seconded the motion and it was passed unanimous ly. There being Do new business Mr. Jacobson asked for old business. The request of Mr. C. W. Garner to rezone Block 13, Del Ida Park from apartment house to Business or Residence "C" was dropped until such time. as the request is presented by a property owner of that Block and a $ 15.00 deposit for mailing out notices for a public hearing. The request of property owners on S. W. 5th Avenue for extend- ing the Business Zone to S. W. 3rd Street was deferred until February 14, for public hearing, to enable the petitioners to bring in their $ 15.00 deposit. Mr. Cone made a motion that it be requested that all petitions and request for the Zoning Board be checked and in order before being passed to them for action. Mr. Thayer seconded the motion and it was passed by unanimous consent. There being no further business the meeting adjourned. ...... ~e cre tary~ Approved: ~hairman~ .... 2/1 5o Councilman Jacobs urged that before approving this recommenda- tion a restriction on the size of building to be allowed in a Residence "C" zone be established, and moved that it be referred back to the Zoning Board for consideration and recommendation of square footage on buildings to be erected in a Residence "C" District. The motion was seconded by Councilman Holland, and upon call of roll carried unanimously. A letter from the Amlin Insurance Agency, outlining the cost of increase of Bodily Injury Liability insurance coverage, for City owned vehicles, was read as follows: "January 30, 1950 Mr. Charles E. Black, City Manager City of Delray Beach Delray Beach, Florida Dear Mr. Black: In line with your request I am submitting the following in- formation as to the increased cost of carrying higher limits under the fleet automobile insurance for the City. For Bodily Injury Ltabilit~y the basic rate is $ 5.000/$10,000. Under your present policy, No. 526180, with limits of $ lO,000y $20,000., this increased the base rate by k5 per cent. In other words, as of the inception date of the policy, the premium for the vehicles covered at that time under the basic limit would have amounted to $ 490.75 so that the 15 per cent increase for higher limits created additional premium of $ 73.58. For Bodily Injury limits of $ 25,000/$ 50,000. the percentage increase of the base limit is 27 per cent, and for. sake of comparison under the policy, the premium as of inception date would be $ 132.50 or $ 58.92 more than was charged for the $ 10,000/$ 20,000. limits. With reference to increasing the $ 5,000. Property Damage limit, the basic is increased by l0 per cent for $ lO,O00. Property~ Damage limits. The present policy on this basis under the Property Damage portion covering all veh~icles as of effective date of policy would have been increased $ 53.41. I am not. sure if the $ lO,O00. Property Damage limit could apply to only one unit, but if it could the in- crease in premium for the ~!ichigan Truck Mounted Crane (this being the unit for which higher limit would possibly be desired) on an a~ nual basis would amount to approximately $ 5.00. I would have to check with the Company whether it would be permissable to carry a higher limit on Just one unit, and I am requesting this informa- tion from them today. Trusting this gives you the information desired, I am Very truly yours, CSA:hs (Signed) Carl S. Amlin P.S. The $ 132.50 quoted in the above third paragraph, is in addition to the basic premium of $ 490.75." At the suggestion of Councilman Saunders, action was def®~red until a later meeting, and the City Manager was asked to obtain the cost of increased coverage to $ 50,000.00 - $ 100,000.O0. M~ or Kabler outlined a plan to set up a Councilmen's Desk and Press Desk in the Gity Hall, where a copy of the next meeting's agenda, and reports from the Zoning Board, requests from organiza- tions, petitions, etc., can be kept for the information of the Councilmen and newspapers before the meeting is held. This would be done in an effort to make meetings more clear and concise, and allow time for investigation of matters before they are brought up at a public meeting. The members of the Council expressed their approval of such a plan. City Manager Vlack brought up a problem which had arisen, whereby the City Had sold a tract of land to Bill Priest as acreage, and laser Mr. Priest had sold one corner lot to a colored woman. When the lot was located by the Building Inspector it was found that it was on a street right-of-way, when and if the Street is extended through. The Council discussed the possibility of prohibiting the sale of a lot which is on a right-or-way for a future Street. It was explained by the City Attorney that the City does not have the riEht to prohibit a person from selling any portion of land he owns, and that the only way the City can get a right-of- way in such a case is to condemn the land needed. The appointment of a Board or Committee was.considered, to work with the Building Inspector, and make a survey of the City, suggesting where streets will have to be opened. The City would then be able to proceed in getting free grants for these future streets, as far as possible. ~ayor Kabler asked the members of the Council to make suggestions for fo~ming such a Board at the next meeting, and in the meantime a policy was adopted to deny permits for construction in similar locations. Upon advice of the City Manager that there are funds, over the next interest payment, in the Debt Service Fund, with which to retire bonds, a motion was made by Councilman Roth, seconded by Councilman Saunders, that the City Manager be authorized to advertise for bids for the purchase of Refunding Bonds by the City, up to $ ~0,000.00. Upon call of roll the motion carried unanimously. City Manager Black filed a report of the expenditures of the Colored Youth Recreation Association to date, as follows: z/z~/So Mr. Black explained that about $ 500.00 was needed to complete the inside of the building to make it useable; and roughly $ 300.00 was needed to finish the outside, using asbestos shingles, which figure did not include the labor in putting the shingles on. He felt it might be possible to obtain volunteer labor among the colored citizens for this work. Mayor Kabler recom~nended that the building be completed so that the Youth 'Center can be operated, even though it had cost more than the amount set up in the budget for this organization. He felt that as the land and the building are City property, the Council would be Justified in completing the project, especially as funds intended for operation expenses had been used for construction work which becomes City owned improvements. The Recreation Association had agreed, and would be required, to finance the operation of the Center after completion. After further discussion, a motion was made by Councilman Holland that $ 500.00 be.appropriated to complete the inside of the building, together w~th $ 300.00 for the purchase of asbestos shingles for the outside of the building, it being understood that the shingles would be put on with volunteer labor at no extra expense to the City. The motion was seconded by Councilman Jacobs, and upon call of roll carried, Councilmen Holland, Jacobs and Kabler voting in favor cf the motion, and Councilmen Roth and Saunders opposing. With reference to the issuance of Golf Course Revenue Certifi- cates, City Attorney Moore advised the Council that the Directors of the First National Bank of Delray Beach had agreed to buy the Certificates at par with 3~ interest, callable in three years at par, with the provlsion~'that a National Bond Attorney will pass on the Certificates. He asked authorization of the Council to contact a National Bond Attorney from either ~Chicago or New York for this purpose. A motion was then made by Councilman Roth, seconded by Council- man Holland, that the City Attorney be authorized to contact a Bond Attorney to obtain a legal opinion on the proposed issue of Golf Course Revenue Certificates, and upon call of roll the motion carried unanimously. A letter from Mr. L. C. Hand, tendering his resignation from the Youth Recreation Committee, to which he was recently appointed, was read as follows: "February 6, 1950 Mayor and City Council City Gentlemen: It has become necessary for me to reconsider my acceptance of an appointment to the Recreation Committee. I~ is absolutely im- possible for me to accept the duties the position requires. With appr~ciation for the confidence you have shown in me by the appointment, I am Respectfully yours, (Signed) Lauren C. Hand" Mayor Kabler recommended that Mr. A1 Avery be appointed to replace Mr. Hand on this Committee; and also recommended the re- appointment of the Tennis Committee, and the appointment of a new Plumbing Board, as follows: TENNIS COMMITTEE - Dr. E. M. Farber W. H. Sweet Clarence Etheridge PLU~B.IiNG .B.OA.RD - George Pinckney Eugene Elliott Fred S. Beever King S. Cone James I. Sinks Upon motion of Councilman Roth, seconded by Councilman Saunders, and unanimously carried, the above reco~endations of the Nayor were approved. A motion was made by Councilman Holland, seconded by Council- man Saunders, that the following policies, established by the Council to be set up in a Policy Book to be kept on the Council table at all times, were approved: 1. h~JISA~h~E ORDINANCE Any' acti°n taken~by the iCity will be taken only after a formal complaint has been taken out by the complain- ing person. 2. TAXES - CORRECTION OF ERRORS That the ~ As~sso~ Will be allowed to correct any errors of assessments resulting from mathmatical com- putation, and there shall be no change in the Assess- ment Roll after it has been certified unless it clearly appears to the Tax Collector that there is an error due to a mathmatical computation. 3. TAX VALUATI 0 NS If t~ere ha~ been an extreme material change of an improvement on any property~ the Council may, at its discretion, lower the assessment. 4- TAXES T--~the Tax Assessor may assess real property for three years immediately prior to his finding any such vacant or improved property. 5. TAXE~ ~-~-on or about December 31st of each year the Build- ing Inspector shall inspect all construction in progress in the 'City of Delray Beach, and make a permanent record as to the extent of completion, and should any dispute arise resulting as to the degree of cc~pletion, such dispute shall be settled at the discretion of the City Council. 6. HO~STEAD EXEMPTION That' ~nl~" in ~xtreme and unusual cases of hardship will Homestead Exemption be granted after the 1st day of April, and such exemption shall be made by the City Council. 7. TAX CERTIFICATES That all sums due for taxes pursuant to the ~City Charter shall be strictly adhered to. 8. TAX CERTIFICATES - TERRITORY OUTSIDE CITY LIMITS That lO~ of the tn~ter'est and principal shall be accepted on all Tax Sale Certificates issued aga~ nst land which is no longer, but was formerly, within the 'City limits of this City. 9. LOT CLEANING That bef~' the CitY clears or has cleared the property of any owner because such property is inJuriuls to the health or welfare of the residents of this ~ity, such owner shall be given due notice by Registered Mail, return receipt requested, that such action is going to' be instituted by the City, and the cost thereof assess- ed against the property. 10. LOT CLEANING Tha~ th~' Council shall maintain a current list of lots concerning which Objections have been filed, and the Council shall set up a priority from time to time, con- cerning the lots to be cleared. The Council shall also allocate certain sums from the Revolving Improvement Fund for the necessary clearing of the lots. That neither City employees, nor City equipment, shall be used for the clearing or cleaning If lots, but that such clearing or cleaning shal 1 be awarded to the low- est bidder on a competitive basis, but no such lot shall be cleaned unless two bids have been received for such cleaning. In the event, however, that only one bid, or no competitive bids are received by the City, then City employees and City equipment may be used. Specifications for the clewing of lots shall be set up by the ~ity ~anager. ll. SPECIAL COUNCIL ~EETINGS That written notice of any Special Council Meeting shall be delivered to each Councilman a reasonable length of time before such meeting is held. That such notice shall state the subject or subjects to be considered by the Council at the Special ~eeting, and no other subjects shall be considered. The office of the City Clerk shall make diligent effort to notify the press. 12. REGULAR COUNCIL M~TINGS The agenda. for the R~{ Regular Council Meeting shall be closed on Friday afternoon at the close of business, and a copy mailed to each Councilman, and the City Attorney, the foliowf ng Saturday morning. Public re- quests which are not on the agenda shall be placed as the last order of business at the Regular Uouncil Meeting. 13. PURCHASES BY CITY M~NAGER Lo'al-PurChaSes amo~ntin~ to less than $ 500.00 shall be made at the discretion of the City Manager, who shall endeavor to make an equal distribution among the merchants of this City of such purchases, provided, however, that he shall exert every effort to see that the City's interests are protected, both in quality and price. 14. ANNEXATION OF TERRITORY Pr0p&~t~ ~'hn~Xed" Sy the City must be contiguous to the City limits, and such annexation must be reasonably profitable to tge City. 15. SPECIAL LICENSES~ No peddl~rs~ ti~nses shall be issued to any one gratuitously who does not reside within th~ City limits of Delray Beach. 16. COMME~CIAL ENTERPRISES When anyone's endeavor assumes a commercial quality, the Zoning laws and other Ordinances of this City shall be strictly enforced. (The foregoing policies were dictated by the City Attprney~ City Manager Black asked the Council to set up a permanent policy for the collection of delinquent occupational license fees. It was explained by the City Attorney that the present Occupa- tional License Ordinance provides a penalty for the non-payment of license fees, after due notice has been given, and he recommended that this Ordinance be enforced through the Municipal ~ourt. AfteP discussion, a~motion was made by Councilman Saunders, that letters be written immediately to all persons now operating without a license, advising them that if license fee is not paid by March 1st a warrant will be issued by the ~Gity and they will be brought into Court, as provided in the License Ordinance. In the future, forty-five days will be allowed after October 1st for the renewal of licenses, after which date a 10% penalty will apply, and after January 1st of each year warrants will be issued, and penalties imposed by the Municipal Court. The motion was seconded by Councilman Roth, and upon call of roll carried unanimously. Upon motion of 'Councilman Holland, seconded by Councilman Roth, and unanimously carried upon roll call, a policy to estab- lish non-parking areas in front of buildings of ten units, or more, was approved. Upon request of Councilman Jacobs, the City I~!anager was in- structed to diligently investigate the possibility of improving the accoustics in the Council Chambers, and report to the Council at the next meeting. The following Resolutions were then introduced, and same were read in full: b RESOLUTION NO. 746 A RESOLUTION OF T~KE CI~I~J COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE CITY ENGIhNEER TO PREPARE PLANS Ah~D SPECIFICATIONS FOR STREET I~PROVE~NT WORK. WHEREAS, the City Council deems it to the best interest of the City of Delray Beach to cause that portion of N. E. First Street, from N. E. 2nd Avenue to N. E. 1st Avenue, to be repaved to a total width of %5 feet, and from N. E. 2nd Avenue to the Florida East Coast railroad to be improved to a width of 24 feet, and to assess the cost of such paving against the lands abutti~E thereon, NOW, T~EFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That the City Engineer be and he is hereby re- quired to immediately prepare plans, specifica- tions and estimates of the cost for such paving for the following proposed improvements, to-wit: Repaving of that portion of N. E. 1st street from N. E. 2nd Ave. to N. E. 1st Ave. with curbs on the north side and on the east one- half of the south side; and the improving of N. E. 1st Street from N. E. 2nd Ave. east to the Florida East Coast railroad. SECTION 2. That said plans and specifications and estimates of cost for such proposed improvements when com- piled by the City Engineer, shall be filed with the City Clerk and a copy of said plans, specifications, and estimates of cost shall also be filed in the office of the City Engineer for public inspection. ADOPTED by the City Council of the ~ity of Delray Beach, Florida, this the 14th day of February, A. D., 19~0. (Signed) John N, Kabler Mayor AT TEa T: (Signed). Ruth R. Smith City Clerk ...... (SEAL) . RESOLUTION NO. 747 A F~SOLUTION OF THE CITY COUNCIL OF THE CITY 0F DELRAY BEACH, FLORIDA, ORDERING THE CITY ENGINEER TO PREPARE PLANS AI~D SPECIFI~ATIONS FOR STREET IMPROV~AIIT WORK. ~qqEREAS, the City Council deems it to the best interest of the City of Delray Beach to cause that portion of N. E. 8th Ave. from N. Eo ~th Street to N. E. 8th Street, to be cleared, graded and paved to a width of 24 feet, and to assess the cost of such improvement against the lands abutting thereon, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: SE~TION 1. That the City Engineer be and he is hereby re- quired to immediately prepare plans, specifica- tions, and estimates of the cost for such paving for the following proposed improvement, to-wit: Clearing, grading, and paving of N. E. 8th Avenue, from N. E. 5th Street to N. E. 8th Street. SECTION 2. That said plans and specifications~ and estimates of cost for such proposed improvements, when com- piled by the City Engineer, shall be filed with the City Clerk and a copy of said plans, specifications, and estimates of cost shall also be filed in the office of the City Engineer for public in- spection. Adopted by the City Council of the City of Delray Beach, Florida, on this the 14th day of February, A. D., l?~0. .(Stgn.ed~, ,, .John, ~. Kabler May or ATTEST: (,Signed) Ruth R. Smith ' "~ity Clerk (SEAL) Upon motion of Councilman Saunders, seconded by Councilman Roth, and unanimously carried, the foregoing Resolutions Nos. ?46 and ?4? were passed and adopted as read. Mr. John Banting appeared before the 'Council, requesting a permit to build a small Indian Eheeta on his property on Lots 18 and 19, Block ll3, on the North Federal Highway, where a family of. seminole Indians could make Indian clothing, during the day only. The building ~uld consist of four posts covered with palm fronds, and the Indians would sit on a table and make their clothing, which he felt would be an attraction for tourists, as well as supply the Indian clothing which he sells. Upon motion of Councilman Roth, seconded by Councilman Holland, and carried, a temporary permit for the balance of this season was granted as requested, with the understanding that if the business becomes objectionable to neighbors, on Justifiable complaints, it will be discontinued. Councilmen Holland, Kabler, Roth and Saunders voted in favor of the motion, and Councilman Jacobs passed. With reference to the policy of hearing requests from the audience after the business on the aganda has been completed by the Council, this policy was changed, in accordance with the wishes of a ma~Jority of the Council, to provide that al I public requests will be heard at 8 o'clock, or immediately after the approval of minutes. The meeting then adjourned. APPROVED: ~Mayor,